Number range CHAPTERIn Reply Refer To:

FWS/R4/ARD-MS/MB

Memorandum

To: Deputy Assistant Secretary for Policy and International Affairs

Attention: Mr. Indur Goklany

Through: Director

From: Regional Director, Southeast Region

Subject: Service Comments on the Department of Energy's Guidelines for
Voluntary Greenhouse Gas Reporting (Comments Due at DOE by June 22,
2005)

The Fish and Wildlife Service (Service) reviewed the Department of
Energy's (DOE) document published in the [Federal Register]{.underline}
(70 FR 15169): "Guidelines for Voluntary Greenhouse Gas Reporting."
Written comments must be submitted on or before June 22, 2005, to

Mark Friedrichs, DOE Office of Policy and International Affairs,
Washington, DC.

The following Service comments are provided. If you should have any
questions about our review of these draft documents, please feel free to
contact me at 404/679-4000, or

Keith Taniguchi, Coordinator, Terrestrial Carbon Sequestration Program,
at 404/679-7180.

**[General Comments]{.underline}**

The Service Southeast Regional Office attended two Public Workshops on
the published General Guidelines. The DOE conducted a workshop on April
26-27, 2005, in Arlington, Virginia, and the US Department of
Agriculture (USDA) conducted their workshop on May 5, 2005, in
Riverdale, Maryland.

The Service has recommendations for DOE that will help simplify the
definition of the responsible reporting entity for terrestrial carbon
sequestration projects on Federal lands.

The Service also has recommendations that will simplify the reporting
requirements for entities that partner with a Federal bureau to conduct
terrestrial carbon sequestration projects that will improve water
quality and restore native wildlife habitats and the ecosystems for
fish, migratory and neotropical forest breeding birds, and other
wildlife. In the Southeastern United States, the Service has implemented
over 65,000 acres of partnership terrestrial carbon sequestration
projects. These Service projects, on National Wildlife Refuge and
private lands, have the primary objective of restoring and conserving,
for the next 100 years, the ecosystem functions and native trees with
strategic benefits to fish and wildlife.

Reporting and associated monitoring requirements should be identified in
appropriate partnership agreements and not the responsibility of the
Federal land manager.

Our specific comments or recommendations to the Guidelines for Voluntary
Greenhouse Gas Reporting (70 FR 15169) include comments on the March
2005 Draft Technical Guidelines for the Voluntary Reporting of
Greenhouse Gases (1605(b)) Program, incorporated by reference in 70 FR
15169, Section 300.1(c).

**[Specific Comments]{.underline}**

**"Forest Preservation" on Pages 234-235, Part I, Section 1.I.4.5, in
the Draft Technical Guidelines for the Voluntary Reporting of Greenhouse
Gases (1605(b)) Program.** We congratulate the USDA for drafting a
forestry activity provision that protects existing forests as a method
for mitigating increases in atmospheric carbon. We agree with allowing
entities to report and register the conservation of existing terrestrial
carbon stocks as reductions when they meet the criteria in Section
1.I.4.5.

**Page 15185, Section 300.5(e)(3).** We recommend changing Section
300.5(e)(3) to "An Identification of the entity's control (for example,
through a Memorandum of Agreement) over the activities covered by the
entity's registration of emissions reductions and reports."

**Page 15188, Section 300.7(d), Net emission reductions achieved by
third parties, Paragraph 1, Lines 21-29.** The reporting requirements
and record keeping are very difficult, expensive, and burdensome for
private and nongovernmental (NGO) entities that have partnered with a
Federal bureau, such as the Service, on terrestrial carbon sequestration
projects. For terrestrial carbon sequestration third party projects, we
recommend that an exemption be granted from the reporting requirements
and specifications in paragraph 1, lines 21-29.

**Page 15190, Section 300.8(k), Determining the entity responsible for
emission reductions.** This section, as published in 70 FR 15168,
indicates that a Federal bureau would be the responsible entity to
register and report emission reductions for all terrestrial carbon
sequestration projects that are implemented on Federal lands through
partnerships with private and NGO entities. For the Service, such
reporting requirements are impractical, costly and burdensome, and it
would stop all of our partners from conducting future ecologically
beneficial sequestration projects with us on our National Wildlife
Refuge lands. Our private and NGO partners would not enter into future
partnership terrestrial carbon sequestration projects with the Service
because they would not be the recognized by DOE as the registrant and
reporter of terrestrial sequestration emission reductions.

Section 300.8(k) requires additional subsections to define the
responsible emission reductions reporting entity for terrestrial carbon
sequestration projects conducted on Federal lands. The Service
recommends that a private or NGO entity be allowed to be recognized as
the responsible registering and reporting entity for terrestrial
sequestration emission reductions achieved on Federal land.

We offer the following new subsections for your consideration.

> "300.8(k)(1). For terrestrial carbon sequestration emission reductions
> achieved on Federal land, or in partnership with a Federal and/or
> State government agency, a Memorandum of Agreement, or similar
> instrument, will name the responsible registering and reporting entity
> for any emission reductions associated with a facility, land, or
> property."
>
> "300.8(k)(2). DOE will recognize an Aggregator or other reporting
> entity named by a Memorandum of Agreement, or similar instrument, as
> the responsible registering and reporting entity for terrestrial
> carbon sequestration emission reductions on Federal land. The
> Aggregator or responsible entity will meet all other requirements,
> certify it will have available for review all legal proof of equity
> interest and emission reduction registration and reporting
> responsibilities, and legal permission to verify and hold carbon
> sequestered, project plans, and locations."