I 

110TH CONGRESS 

1ST SESSION H. R. 2337 

To promote energy policy reforms and public accountability, alternative energy 

and efficiency, and carbon capture and climate change mitigation, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2007 

Mr. RAHALL introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To promote energy policy reforms and public accountability, 

alternative energy and efficiency, and carbon capture 

and climate change mitigation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Policy Reform 

5 and Revitalization Act of 2007’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

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Sec. 2. Table of contents. 

TITLE I—ENERGY POLICY ACT OF 2005 REFORMS 

Sec. 101. Cost Recovery. 

Sec. 102. Repeal of deadline for consideration of applications for permits. 

Sec. 103. Energy rights-of-way corridors on Federal land. 

Sec. 104. Oil shale and tar sands leasing. 

Sec. 105. Repeal of rebuttable presumption regarding application of categorical 

exclusion under NEPA for oil and gas exploration and development activities. 

Sec. 106. Best management practices. 

Sec. 107. Federal consistency appeals. 

TITLE II—FEDERAL ENERGY PUBLIC ACCOUNTABILITY, 

INTEGRITY, AND PUBLIC INTEREST 

Subtitle A—Accountability and Integrity in the Federal Energy Program 

Sec. 201. Limitations on royalty in-kind. 

Sec. 202. Audits. 

Sec. 203. Fines and penalties. 

Subtitle B—Amendments to Federal Oil and Gas Royalty Management Act of 

1982 

Sec. 211. Amendments to definitions. 

Sec. 212. Interest. 

Sec. 213. Obligation period. 

Sec. 214. Tolling agreements and subpoenas. 

Sec. 215. Liability for royalty payments. 

Subtitle C—Public Interest in the Federal Energy Program 

Sec. 221. Surface owner protection. 

Sec. 222. Onshore oil and gas reclamation and bonding. 

Sec. 223. Protection of water resources. 

Sec. 224. Due diligence fee. 

Subtitle D—Ensuring Safety of Wildlife With Respect to Wind Energy 

Sec. 231. Standards and requirements. 

Sec. 232. Certification of compliance. 

Sec. 233. Penalties. 

Sec. 234. Relationship to other statutes. 

Sec. 235. Definitions. 

Subtitle E—Enhancing Energy Transmission 

Sec. 241. Energy transmission service offered by Power Marketing Administrations. 

Sec. 242. Power Marketing Administrations report. 

TITLE III—ALTERNATIVE ENERGY AND EFFICIENCY 

Sec. 301. State OCS alternative energy planning. 

Sec. 302. Canal-side power production at Bureau of Reclamation projects. 

Sec. 303. Increasing energy efficiencies for water desalination. 

Sec. 304. Green building leadership program. 

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Sec. 305. Green concessions management program. 

Sec. 306. Federal hydropower production facilities inventory and map. 

Sec. 307. Establishing a pilot program for the development of strategic solar 

reserves on Federal lands. 

Sec. 308. OTEC regulations. 

Sec. 309. Biomass utilization pilot program. 

TITLE IV—CARBON CAPTURE AND CLIMATE CHANGE MITIGATION 

Subtitle A—Geological Sequestration Assessment 

Sec. 401. Short title. 

Sec. 402. National assessment. 

Subtitle B—Terrestrial Sequestration Assessment 

Sec. 421. Requirement to conduct an assessment. 

Sec. 422. Methodology. 

Sec. 423. Completion of assessment and report. 

Subtitle C—Sequestration Activities 

Sec. 431. Carbon dioxide storage inventory. 

Sec. 432. Framework for geological carbon sequestration on Federal lands. 

Subtitle D—Wildlife Programs 

CHAPTER 1—NATIONAL POLICY AND STRATEGY

Sec. 441. Short title. 

Sec. 442. National policy on wildlife and global warming. 

Sec. 443. Definitions. 

Sec. 444. National strategy. 

Sec. 445. Advisory board. 

Sec. 446. Authorization of appropriations. 

CHAPTER 2—STATE AND TRIBAL WILDLIFE GRANTS PROGRAM

Sec. 451. State and Tribal Wildlife Grants Program. 

Subtitle E—Miscellaneous 

Sec. 461. Climate Change Adaptability Intra-Governmental Panel. 

Sec. 462. Ocean Policy and Global Warming Program. 

Sec. 463. Planning for climate change in the coastal zone. 

Sec. 464. Enhancing climate change predictions. 

Sec. 465. NOAA report on climate change effects; preparation assistance. 

1 TITLE I—ENERGY POLICY ACT 

2 OF 2005 REFORMS 

3 SEC. 101. COST RECOVERY. 

4 (a) REPEAL.—Subsection (c) of section 35 of the 

5 Mineral Leasing Act (30 U.S.C. 191) is repealed. 

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1 (b) REPEAL OF PROHIBITION ON FEE INCREASES.— 

2 Subsection (i) of section 365 of the Energy Policy Act of 

3 2005 (42 U.S.C. 15924) is repealed. 

4 (c) COST RECOVERY.— 

5 (1) IN GENERAL.—Within 180 days after the 

6 date of enactment of this Act, the Secretary of the 

7 Interior shall promulgate a rule to impose fees to re8 cover costs incurred by the Secretary in the proc9 essing of permits to conduct energy production-re10 lated activities on Federal lands. 

11 (2) FEE TERMS.—Such fees— 

12 (A) shall be market-based; 

13 (B) shall be assessed for Government serv14 ices; 

15 (C) shall cover all Federal activities relat16 ing to energy development on Federal lands 

17 that convey benefits to recipients beyond those 

18 accruing to the general public to recover the full 

19 cost to the Federal Government for providing 

20 specific benefits; 

21 (D) shall be limited to the Secretary’s 

22 costs of issuing a permit, including necessary 

23 environmental documentation, on-site moni24 toring, and permit enforcement; 

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1 (E) shall be based upon the actual per2 sonnel (including law enforcement), vehicle, 

3 travel, and material costs required to issue, ad4 minister, and monitor a permit; and 

5 (F) shall be collected in advance of, or si6 multaneously with, the rendering of services un7 less appropriations and authority are provided 

8 in advance to allow reimbursable services. 

9 SEC. 102. REPEAL OF DEADLINE FOR CONSIDERATION OF 

10 APPLICATIONS FOR PERMITS. 

11 Subsection (p) of section 17 of the Mineral Leasing 

12 Act (30 U.S.C. 226) is repealed. 

13 SEC. 103. ENERGY RIGHTS-OF-WAY CORRIDORS ON FED14 ERAL LAND. 

15 (a) REPEAL OF REQUIREMENTS TO DESIGNATE EN16 ERGY RIGHTS-OF-WAY CORRIDORS ON FEDERAL LAND.— 

17 The Energy Policy Act of 2005 is amended— 

18 (1) by repealing section 368 (42 U.S.C.15926); 

19 and 

20 (2) in the table of contents in section 1(b) by 

21 striking the item relating to that section. 

22 (b) STUDY.— 

23 (1) STUDY.—Not later than 18 months after 

24 the date of enactment of this Act, the Secretary of 

25 Agriculture, the Secretary of Commerce, the Secmstockstill on PROD1PC66 with BILLS

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1 retary of Defense, the Secretary of Energy, and the 

2 Secretary of the Interior (in this subsection referred 

3 to collectively as ‘‘the Secretaries’’) shall, in con4 sultation with affected States, complete a study of— 

5 (A) congestion and constraints in trans6 mission of electricity, oil, gas, and hydrogen; 

7 (B) barriers to access for transmission 

8 from renewable energy sources, such as wind 

9 energy and solar energy; and 

10 (C) the need for energy corridors on public 

11 lands to address identified congestion or con12 straints. 

13 (2) CONSIDERATIONS.—In performing the 

14 study, the Secretaries— 

15 (A) shall take into account the studies of 

16 electrical transmission congestion completed 

17 under section 216(a)(1) of the Federal Power 

18 Act (16 U.S.C. 824(p)(a)(1)), other projects 

19 authorized or under consideration on public 

20 lands and such projects outside public lands, 

21 and alternatives, individually and in concert, 

22 that could be implemented to address the needs 

23 identified, including an analysis of demand re24 duction, available new technology, and distrib25 uted generation measures that could be taken; 

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1 (B) shall not consider as available for des2 ignation as corridors, any area that is— 

3 (i) within one mile of any place des4 ignated or otherwise identified by State or 

5 Federal law or any applicable Federal, 

6 State, or local government land use plan 

7 for recognition or protection of scenic, nat8 ural, cultural, or historic resources; 

9 (ii) within one mile of any place pro10 posed for formal protection similar to that 

11 described in subparagraph (A), in any 

12 pending Federal, State, or local legislation; 

13 or 

14 (iii) in a sensitive ecological area, in15 cluding any area that is designated as crit16 ical habitat under the Endangered Species 

17 Act of 1973 or otherwise identified as sen18 sitive or crucial habitat, including seasonal 

19 habitat, by the United States Fish and 

20 Wildlife Service, by a State agency respon21 sible for managing wildlife or wildlife habi22 tat, or in a Federal, State, or local land 

23 use plan; 

24 (C) identify opportunities to mitigate to 

25 the maximum extent practicable the potential 

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1 impact of designating energy corridors, and of 

2 the reasonably foreseeable uses of those cor3 ridors for power lines, pipelines, and other 

4 transmission facilities, on natural, scenic, cul5 tural, and historic values and areas referred to 

6 in subparagraph (B), the protection of which is 

7 in the national interest, including opportunities 

8 to minimize the width of corridors, limiting the 

9 types and numbers of uses of corridors, and 

10 placement of facilities underground; and 

11 (D) identify opportunities to improve ac12 cess to the national electric power grid for gen13 erators of renewable energy, such as wind and 

14 solar. 

15 (3) UPDATES.—The Secretaries shall periodi16 cally update the results of the study as they consider 

17 appropriate. 

18 (4) REPORTS.—After considering recommenda19 tions from interested persons (including an oppor20 tunity for comment from the public and affected 

21 States), the Secretaries shall issue— 

22 (A) a report presenting the results of the 

23 study; and 

24 (B) a report on each update of the study 

25 under paragraph (3). 

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1 (c) DEFERRAL OF DESIGNATION OF ENERGY COR2 RIDORS PENDING COMPLETION OF STUDY.— 

3 (1) LIMITATION ON ACTIONS PENDING COMPLE4 TION OF STUDY.—The Secretaries shall not des5 ignate energy corridors on public lands, including 

6 those corridors under consideration based on section 

7 368 of the Energy Policy Act of 2005 as in effect 

8 prior to repeal under this Act, and shall not author9 ize specific rights-of-way or projects in such cor10 ridors, until the study under section 2 is completed. 

11 (2) USE OF STUDY RESULTS FOR ACTIONS

12 AFTER COMPLETION OF STUDY.— 

13 (A) IN GENERAL.—Subject to subpara14 graph (B), after completion of the study under 

15 subsection (b), the Secretaries may use the re16 sults of the study to inform subsequent deci17 sions to grant rights-of-way, including under 

18 title V of the Federal Land Policy and Manage19 ment Act of 1976 (43 U.S.C. 1761 et seq.), and 

20 to amend land use plans to designate energy 

21 corridors or authorize rights-of-way, in any area 

22 for which no such designation or authorization 

23 currently exists. 

24 (B) LIMITATION ON USE.—The results of 

25 the study shall not affect the Secretaries’ oblimstockstill on PROD1PC66 with BILLS

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1 gations to analyze the environmental con2 sequences of a designation or authorization re3 ferred to in subparagraph (A), or to otherwise 

4 comply with applicable laws. 

5 SEC. 104. OIL SHALE AND TAR SANDS LEASING. 

6 Section 369 of the Energy Policy Act of 2005 (42 

7 U.S.C. 15927) is amended— 

8 (1) in subsection (c), by striking ‘‘not later than 

9 180 days after the date of enactment of this Act,’’; 

10 (2) in subsection (c), by striking ‘‘shall make’’ 

11 and inserting ‘‘may make’’; 

12 (3) in subsection (d)(1), by striking ‘‘Not later 

13 than 18 months after the date of enactment of this 

14 Act, in’’ and inserting ‘‘In’’; 

15 (4) in subsection (d)(2)— 

16 (A) in the heading by striking ‘‘Final’’ and 

17 inserting ‘‘Proposed’’; and 

18 (B) in the text by striking ‘‘final’’ and in19 serting ‘‘proposed’’; 

20 (5) in subsection (d)(2), by striking ‘‘6’’ and in21 serting ‘‘12’’; 

22 (6) in subsection (d)(2) by inserting after the 

23 period ‘‘The proposed regulations developed under 

24 this paragraph are to be open for public comment 

25 for no less than 180 days.’’; 

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1 (7) by redesignating subsections (e) through (s) 

2 as subsections (g) through (u), and by inserting 

3 after subsection (d) the following: 

4 ‘‘(e) OIL SHALE AND TAR SANDS LEASING AND DE5 VELOPMENT STRATEGY.— 

6 ‘‘(1) GENERAL.—Not later than 6 months after 

7 the completion of the programmatic environmental 

8 impact statement under subsection (d), the Sec9 retary shall prepare an oil shale and tar sands leas10 ing and development strategy, in cooperation with 

11 the Secretary of Energy and the Administrator of 

12 the Environmental Protection Agency. 

13 ‘‘(2) PURPOSE.—The purpose of the strategy 

14 developed under this subsection is to allow for the 

15 sustainable and publicly acceptable large-scale devel16 opment of oil shale within the Green River Forma17 tion. 

18 ‘‘(3) CONTENTS.—The strategy shall include 

19 plans and programs for obtaining information re20 quired for determining the optimal methods, loca21 tions, amount, and timeframe for potential develop22 ment on federal lands within the Green River For23 mation. The strategy shall also include plans for 

24 conducting critical environmental and ecological re25 search, high-payoff process improvement research, 

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1 an assessment of carbon management options, and a 

2 large-scale demonstration of carbon dioxide seques3 tration in the general vicinity of the Piceance Basin. 

4 ‘‘(f) ALTERNATIVE APPROACHES.—Not later than 

5 nine months after the completion of the programmatic en6 vironmental impact statement under subsection (d), the 

7 Secretary shall, in cooperation with the Secretary of En8 ergy and the Administrator of the Environmental Protec9 tion Agency, prepare and publish a report on alternative 

10 approaches to providing access to Federal lands for early 

11 first-of-a-kind commercial facilities for extracting and 

12 processing oil shale and tar sands.’’; 

13 (8) in subsection (g), as so redesignated, by 

14 striking ‘‘of the final regulation required by sub15 section (d)’’ and inserting ‘‘of final regulations 

16 issued under this section’’; 

17 (9) in subsection (g), as so redesignated, by 

18 adding at the end the following: ‘‘Compliance with 

19 the National Environmental Policy Act of 1969 is 

20 required on a site-by-site basis for all lands proposed 

21 to be leased under the commercial leasing program 

22 established in this subsection.’’; and 

23 (10) in subsection (i)(1)(B), as so redesignated, 

24 by striking ‘‘subsection (e)’’ and inserting ‘‘sub25 section (g)’’. 

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1 SEC. 105. REPEAL OF REBUTTABLE PRESUMPTION RE2 GARDING APPLICATION OF CATEGORICAL 

3 EXCLUSION UNDER NEPA FOR OIL AND GAS 

4 EXPLORATION AND DEVELOPMENT ACTIVI5 TIES. 

6 The Energy Policy Act of 2005 is amended— 

7 (1) by repealing section 390 (42 U.S.C. 15942); 

8 and 

9 (2) in section 1(b) by striking the item relating 

10 to that section. 

11 SEC. 106. BEST MANAGEMENT PRACTICES. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Secretary of the Interior, through the Bu14 reau of Land Management, shall amend the best manage15 ment practices guidelines for oil and gas development on 

16 Federal lands, to— 

17 (1) require public review and comment prior to 

18 waiving any stipulation of an oil and gas lease for 

19 such lands; and 

20 (2) create an incentive for oil and gas operators 

21 to adopt best management practices by providing ex22 pedited permit review for any operator that commits 

23 to adhering to those practices without seeking waiver 

24 of such stipulations. 

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1 SEC. 107. FEDERAL CONSISTENCY APPEALS. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘Federal Consistency Appeals Decision Refinement Act’’. 

4 (b) CLARIFICATION OF APPEAL DECISION TIME PE5 RIODS AND INFORMATION REQUIREMENTS.—Section 319 

6 of the Coastal Zone Management Act of 1972 (16 U.S.C. 

7 1465) is amended— 

8 (1) in subsection (b)(1), by striking ‘‘160-day’’ 

9 and inserting ‘‘320-day’’; 

10 (2) in paragraph (3)(A), by amending clause 

11 (ii) to read as follows: 

12 ‘‘(ii) as the Secretary determines nec13 essary to receive, on an expedited basis, 

14 any supplemental or clarifying information 

15 relevant to the consolidated record com16 piled by the lead Federal permitting agen17 cy to complete a consistency review under 

18 this title.’’; and 

19 (3) in paragraph (3)(B)— 

20 (A) by striking ‘‘160-day’’ and inserting 

21 ‘‘320-day’’; and 

22 (B) by striking ‘‘for a period not to exceed 

23 60 days.’’ and inserting ‘‘once.’’. 

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1 TITLE II—FEDERAL ENERGY 

2 PUBLIC ACCOUNTABILITY, IN3 TEGRITY, AND PUBLIC INTER4 EST 

5 Subtitle A—Accountability and In6 tegrity in the Federal Energy 

7 Program 

8 SEC. 201. LIMITATIONS ON ROYALTY IN-KIND. 

9 Section 342 of the Energy Policy Act of 2005 (42 

10 U.S.C. 15902(d)) is amended— 

11 (1) in subsection (d)— 

12 (A) in the heading by striking ‘‘Benefit’’ 

13 and inserting ‘‘Filling of Strategic Petroleum 

14 Reserve and benefit’’; and 

15 (B) by striking ‘‘only if’’ and inserting 

16 ‘‘only if receiving such royalties in-kind is for 

17 the purpose of filling the Strategic Petroleum 

18 Reserve and’’; and 

19 (2) by adding at the end: 

20 ‘‘(k) LIMITATION.— 

21 ‘‘(1) IN GENERAL.—No amount of the total 

22 amount of royalties collected by the Secretary in a 

23 fiscal year may be collected as royalties in-kind. 

24 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

25 apply with respect to royalties in-kind collected for 

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1 the purpose of filling the Strategic Petroleum Re2 serve.’’. 

3 SEC. 202. AUDITS. 

4 (a) REQUIREMENT TO INCREASE THE NUMBER OF

5 AUDITS.—The Secretary of the Interior shall ensure that 

6 by fiscal year 2009 the Minerals Management Service 

7 shall perform no less that 550 audits of oil and gas leases 

8 each fiscal year. 

9 (b) STANDARDS.—Not later than 120 days after the 

10 date of enactment of this Act, the Secretary of the Interior 

11 shall issue regulations that require that all employees that 

12 conduct audits or compliance reviews must meet profes13 sional auditor qualifications that are consistent with the 

14 latest revision of the Government Auditing Standards pub15 lished by the Government Accountability Office. Such reg16 ulations shall also ensure that all audits conducted by the 

17 Department of the Interior are performed in accordance 

18 with such standards. 

19 SEC. 203. FINES AND PENALTIES. 

20 (a) SANCTIONS FOR VIOLATIONS RELATING TO FED21 ERAL OIL AND GAS ROYALTIES.—Section 109 of the Fed22 eral Oil and Gas Royalty Management Act of 1982 (30 

23 U.S.C. 1719) is amended to read as follows: 

24 ‘‘CIVIL PENALTIES

25 ‘‘SEC. 109. (a) ROYALTY VIOLATIONS.—(1) No per26 son shall— 

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1 ‘‘(A) after due notice of violation or after such 

2 violation has been reported under paragraph (3)(A), 

3 fail or refuse to comply with any requirement of any 

4 mineral leasing law or any regulation, order, lease, 

5 or permit under such a law; 

6 ‘‘(B) fail or refuse to make any royalty pay7 ment in the amount or value required by any min8 eral leasing law or any regulation, order, or lease 

9 under such a law; 

10 ‘‘(C) fail or refuse to make any royalty payment 

11 by the date required by any mineral leasing law or 

12 any regulation, order, or lease under such a law; or 

13 ‘‘(D) prepare, maintain, or submit any false, in14 accurate, or misleading report, notice, affidavit, 

15 record, data, or other written information or filing 

16 related to royalty payments that is required under 

17 any mineral leasing law or regulation issued under 

18 any mineral leasing law. 

19 ‘‘(2) A person who violates paragraph (1) shall be lia20 ble— 

21 ‘‘(A) in the case of a violation of subparagraph 

22 (B) or (C) of paragraph (1) for an amount equal to 

23 3 times the royalty the person fails or refuses to 

24 pay, plus interest on that trebled amount measured 

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1 from the first date the royalty payment was due; 

2 and 

3 ‘‘(B) in the case of any violation, for a civil 

4 penalty of $25,000 per violation for each day the 

5 violation continues. 

6 ‘‘(3) Paragraph (2) shall not apply to a violation of 

7 paragraph (1) if the person who commits the violation, 

8 within 30 days of the violation— 

9 ‘‘(A) reports the violation to the Secretary or a 

10 representative designated by the Secretary; and 

11 ‘‘(B) corrects the violation. 

12 ‘‘(b) LEASE ADMINISTRATION VIOLATIONS.—Any 

13 person who— 

14 ‘‘(1) fails to notify the Secretary of— 

15 ‘‘(A) any designation by the person under 

16 section 102(a); or 

17 ‘‘(B) any other assignment of obligations 

18 or responsibilities of the person under a lease; 

19 ‘‘(2) fails or refuses to permit— 

20 ‘‘(A) lawful entry; 

21 ‘‘(B) inspection, including any inspection 

22 authorized by section 108; or 

23 ‘‘(C) audit, including any failure or refusal 

24 to promptly tender requested documents; 

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1 ‘‘(3) fails or refuses to comply with subsection 

2 102(b)(3) (relating to notification regarding begin3 ning or resumption of production); or 

4 ‘‘(4) fails to correctly report and timely provide 

5 operations or financial records necessary for the Sec6 retary or any authorized designee of the Secretary to 

7 accomplish lease management responsibilities, 

8 shall be liable for a penalty of up to $10,000 per violation 

9 for each day such violation continues. 

10 ‘‘(c) THEFT.—Any person who— 

11 ‘‘(1) knowingly or willfully takes or removes, 

12 transports, uses or diverts any oil or gas from any 

13 lease site without having valid legal authority to do 

14 so; or 

15 ‘‘(2) purchases, accepts, sells, transports, or 

16 conveys to another, any oil or gas knowing or having 

17 reason to know that such oil or gas was stolen or 

18 unlawfully removed or diverted, 

19 shall be liable for a penalty of up to $25,000 per violation 

20 for each day such violation continues without correction. 

21 ‘‘(d) REPEATED VIOLATIONS.—(1)(A) If the Sec22 retary or an authorized designee of the Secretary deter23 mines that any person has repeatedly violated subsection 

24 (a), (b), or (c), the Secretary or designee shall notify the 

25 person of the violation and demand compliance. 

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1 ‘‘(B) A person notified pursuant to subparagraph (A) 

2 shall correct the violations by not later than 30 calendar 

3 days after the date of the notification. 

4 ‘‘(C) Any person who fails to comply with a demand 

5 under subparagraph (A) shall be liable to the United 

6 States for a civil penalty equal to 3 times the amount of 

7 any civil penalty that otherwise applies under subsection 

8 (a), (b), or (c) to the violations to which the demand re9 lates. 

10 ‘‘(2) In addition to the penalty provided in paragraph 

11 (1)(C), if the Secretary determines that any person has 

12 repeatedly violated subsection (a), (b), or (c) or any lease 

13 management order, the Secretary may— 

14 ‘‘(A) shut in and cease production of any oil or 

15 gas lease held by the person; 

16 ‘‘(B) prohibit the person— 

17 ‘‘(i) from acquiring any additional oil or 

18 gas lease, including by transfer or assignment; 

19 and 

20 ‘‘(ii) from being designated under section 

21 102(a) to make payments due under any lease; 

22 ‘‘(C) cancel or transfer any interest in an oil or 

23 gas lease held by the person; and 

24 ‘‘(D) collect from the person reimbursement, in25 cluding interest, of all costs of release, transfer, or 

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1 reclamation of lease sites canceled or transferred, in2 cluding costs of disposing of lease property, facili3 ties, and equipment. 

4 ‘‘(e) ADMINISTRATIVE APPEAL.—(1) Any determina5 tion by the Secretary or a designee of the Secretary of 

6 the amount of any royalties or civil penalties owed under 

7 subsection (a), (b), (c), or (d) shall be final, unless within 

8 15 days after notification by the Secretary or designee the 

9 person liable for such amount files an administrative ap10 peal in accordance with regulations issued by the Sec11 retary. 

12 ‘‘(2) If a person files an administrative appeal pursu13 ant to paragraph (1), the Secretary or designee shall make 

14 a final determination in accordance with the regulations 

15 referred to in paragraph (1). 

16 ‘‘(f) DEDUCTION.—The amount of any penalty under 

17 this section, as finally determined may be deducted from 

18 any sums owing by the United States to the person 

19 charged. 

20 ‘‘(g) COMPROMISE AND REDUCTION.—On a case-by21 case basis the Secretary may compromise or reduce civil 

22 penalties under this section. 

23 ‘‘(h) NOTICE.—Notice under this subsection (a) shall 

24 be by personal service by an authorized representative of 

25 the Secretary or by registered mail. Any person may, in 

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1 the manner prescribed by the Secretary, designate a rep2 resentative to receive any notice under this subsection. 

3 ‘‘(i) RECORD OF DETERMINATION.—In determining 

4 the amount of such penalty, or whether it should be remit5 ted or reduced, and in what amount, the Secretary shall 

6 state on the record the reasons for his determinations. 

7 ‘‘(j) JUDICIAL REVIEW.—Any person who has re8 quested a hearing in accordance with subsection (e) within 

9 the time the Secretary has prescribed for such a hearing 

10 and who is aggrieved by a final order of the Secretary 

11 under this section may seek review of such order in the 

12 United States district court for the judicial district in 

13 which the violation allegedly took place. Review by the dis14 trict court shall be only on the administrative record and 

15 not de novo. Such an action shall be barred unless filed 

16 within 90 days after the Secretary’s final order. 

17 ‘‘(k) FAILURE TO PAY.—If any person fails to pay 

18 an assessment of a civil penalty under this Act— 

19 ‘‘(1) after the order making the assessment has 

20 become a final order and if such person does not file 

21 a petition for judicial review of the order in accord22 ance with subsection (j), or 

23 ‘‘(2) after a court in an action brought under 

24 subsection (j) has entered a final judgment in favor 

25 of the Secretary, 

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1 the court shall have jurisdiction to award the amount as2 sessed plus interest from the date of the expiration of the 

3 90-day period referred to in subsection (j). Judgment by 

4 the court shall include an order to pay. 

5 ‘‘(l) RELATIONSHIP TO MINERAL LEASING ACT.—No 

6 person shall be liable for a civil penalty under subsection 

7 (a) or (b) for failure to pay any rental for any lease auto8 matically terminated pursuant to section 31 of the Mineral 

9 Leasing Act. 

10 ‘‘(m) TOLLING OF STATUTES OF LIMITATION.—(1) 

11 Any determination by the Secretary or a designee of the 

12 Secretary that a person has violated subsection (a), (b)(2), 

13 or (b)(4) shall toll any applicable statute of limitations for 

14 all oil and gas leases held or operated by such person, until 

15 the later of— 

16 ‘‘(A) the date on which the person corrects the 

17 violation and certifies that all violations of a like na18 ture have been corrected for all of the oil and gas 

19 leases held or operated by such person; or 

20 ‘‘(B) the date a final, nonappealable order has 

21 been issued by the Secretary or a court of competent 

22 jurisdiction. 

23 ‘‘(2) A person determined by the Secretary or a des24 ignee of the Secretary to have violated subsection (a), 

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1 (b)(2), or (b)(4) shall maintain all records with respect 

2 to the person’s oil and gas leases until the later of— 

3 ‘‘(A) the date the Secretary releases the person 

4 from the obligation to maintain such records; and 

5 ‘‘(B) the expiration of the period during which 

6 the records must be maintained under section 

7 103(b). 

8 ‘‘(n) STATE SHARING OF PENALTIES.—Amounts re9 ceived by the United States in an action brought under 

10 section 3730 of title 31, United States Code, that arises 

11 from any underpayment of royalties owed to the United 

12 States under any lease shall be treated as royalties paid 

13 to the United States under that lease for purposes of the 

14 mineral leasing laws and the Land and Water Conserva15 tion Fund Act of 1965 (16 U.S.C. 460l–4 et seq.).’’. 

16 (b) SHARED CIVIL PENALTIES.—Section 206 of the 

17 Federal Oil and Gas Royalty Management Act of 1982 

18 (30 U.S.C. 1736) is amended— 

19 (1) by inserting ‘‘trebled royalties or’’ after ‘‘50 

20 per centum of any’’ and before ‘‘civil penalty’’; and 

21 (2) by striking the second sentence. 

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1 Subtitle B—Amendments to Fed2 eral Oil and Gas Royalty Man3 agement Act of 1982 

4 SEC. 211. AMENDMENTS TO DEFINITIONS. 

5 Section 3 of the Federal Oil and Gas Royalty Man6 agement Act of 1982 (30 U.S.C. 1702) is amended— 

7 (1) in paragraph (20)(A), by striking ‘‘: Pro8 vided, That’’ and all that follows through ‘‘subject of 

9 the judicial proceeding’’; 

10 (2) in paragraph (20)(B), by striking ‘‘(with 

11 written notice to the lessee who designated the des12 ignee)’’; 

13 (3) in paragraph (23)(A), by striking ‘‘(with 

14 written notice to the lessee who designated the des15 ignee)’’ ; 

16 (4) by amending paragraph (24) to read as fol17 lows: 

18 ‘‘(24) ‘designee’ means any person who pays, 

19 offsets, or credits monies, makes adjustments, re20 quests and receives refunds, or submits reports with 

21 respect to payments a lessee must make pursuant to 

22 section 102(a);’’; 

23 (5) in paragraph (25)(B), by striking ‘‘(subject 

24 to the provision of section 102(a) of this Act)’’; and 

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1 (6) in paragraph (26), by striking ‘‘(with notice 

2 to the lessee who designated the designee)’’. 

3 SEC. 212. INTEREST. 

4 (a) ESTIMATED PAYMENTS; INTEREST ON AMOUNT

5 OF UNDER PAYMENT.—Section 111(j) of the Federal Oil 

6 and Gas Royalty Management Act of 1982 (30 U.S.C. 

7 1721(j)) is amended by striking ‘‘If the estimated pay8 ment exceeds the actual royalties due, interest is owned 

9 on the overpayment.’’. 

10 (b) OVERPAYMENTS.—Section 111 of the Federal Oil 

11 and Gas Royalty Management Act of 1982 (30 U.S.C. 

12 1721) is amended by striking subsections (h) and (i). 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall be effective one year after the date of 

15 enactment of this Act. 

16 SEC. 213. OBLIGATION PERIOD. 

17 Section 115(c) of the Federal Oil and Gas Royalty 

18 Management Act of 1982 (30 U.S.C. 1724(c)) is amend19 ed— 

20 ‘‘(3) ADJUSTMENTS.—In the case of an adjust21 ment under section 111A(a) (30 U.S.C. 1721a(a)) in 

22 which a recoupment by the lessee results in an un23 derpayment of an obligation, for purposes of this Act 

24 the obligation becomes due on the date the lessee or 

25 its designee makes the adjustment.’’. 

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1 SEC. 214. TOLLING AGREEMENTS AND SUBPOENAS. 

2 (a) TOLLING AGREEMENTS.—Section 115(d)(1) of 

3 the Federal Oil and Gas Royalty Management Act of 1982 

4 (30 U.S.C. 1724(d)(1)) is amended by striking ‘‘(with no5 tice to the lessee who designated the designee)’’. 

6 (b) SUBPEONAS.—Section 115(d)(2)(A) of the Fed7 eral Oil and Gas Royalty Management Act of 1982 (30 

8 U.S.C. 1724(d)(2)(A)) is amended by striking ‘‘(with no9 tice to the lessee who designated the designee, which notice 

10 shall not constitute a subpoena to the lessee)’’. 

11 SEC. 215. LIABILITY FOR ROYALTY PAYMENTS. 

12 Section 102(a) of the Federal Oil and Gas Royalty 

13 Management Act of 1982 (30 U.S.C. 1712(a)) is amended 

14 to read as follows: 

15 ‘‘(a) In order to increase receipts and achieve effec16 tive collections of royalty and other payments, a lessee who 

17 is required to make any royalty or other payment under 

18 a lease or under the mineral leasing laws, shall make such 

19 payments in the time and manner as may be specified by 

20 the Secretary or the applicable delegated State. Any per21 son who pays, offsets or credits monies, makes adjust22 ments, requests and receives refunds, or submits reports 

23 with respect to payments the lessee must make is the les24 see’s designee under this Act. Notwithstanding any other 

25 provision of this Act to the contrary, a designee shall be 

26 liable for any payment obligation of any lessee on whose 

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1 behalf the designee pays royalty under the lease. The per2 son owning operating rights in a lease and a person own3 ing legal record title in a lease shall be liable for that per4 son’s pro rata share of payment obligations under the 

5 lease.’’. 

6 Subtitle C—Public Interest in the 

7 Federal Energy Program 

8 SEC. 221. SURFACE OWNER PROTECTION. 

9 (a) DEFINITIONS.—As used in this section— 

10 (1) the term ‘‘Secretary’’ means the Secretary 

11 of the Interior; 

12 (2) the term ‘‘lease’’ means a lease issued by 

13 the Secretary under the Mineral Leasing Act (30 

14 U.S.C. 181 et seq.) or any other law, providing for 

15 development of oil and gas resources (including coal16 bed methane) owned by the United States; 

17 (3) the term ‘‘lessee’’ means the holder of a 

18 lease; and 

19 (4) the term ‘‘operator’’ means any person that 

20 is responsible under the terms and conditions of a 

21 lease for the operations conducted on leased lands or 

22 any portion thereof. 

23 (b) POST-LEASE SURFACE USE AGREEMENT.— 

24 (1) IN GENERAL.—Except as provided in sub25 section (c), the Secretary may not authorize any opmstockstill on PROD1PC66 with BILLS

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1 erator to conduct exploration and drilling operations 

2 on lands with respect to which title to oil and gas 

3 resources is held by the United States but title to 

4 the surface estate is not held by the United States, 

5 until the operator has filed with the Secretary a doc6 ument, signed by the operator and the surface owner 

7 or owners, showing that the operator has secured a 

8 written surface use agreement between the operator 

9 and the surface owner or owners that meets the re10 quirements of paragraph (2). 

11 (2) CONTENTS.—The surface use agreement 

12 shall provide for— 

13 (A) the use of only such portion of the sur14 face estate as is reasonably necessary for explo15 ration and drilling operations based on site-spe16 cific conditions; 

17 (B) the accommodation of the surface es18 tate owner to the maximum extent practicable, 

19 including the location, use, timing, and type of 

20 exploration and drilling operations, consistent 

21 with the operator’s right to develop the oil and 

22 gas estate; 

23 (C) the reclamation of the site to a condi24 tion capable of supporting the uses which such 

25 lands were capable of supporting prior to explomstockstill on PROD1PC66 with BILLS

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1 ration and drilling operations or other uses as 

2 agreed to by the operator and the surface 

3 owner; and 

4 (D) compensation for damages as a result 

5 of exploration and drilling operations, including 

6 but not limited to— 

7 (i) loss of income and increased costs 

8 incurred; 

9 (ii) damage to or destruction of per10 sonal property, including crops, forage, and 

11 livestock; and 

12 (iii) failure to reclaim the site in ac13 cordance with this subparagraph (C). 

14 (3) PROCEDURE.— 

15 (A) IN GENERAL.—An operator shall no16 tify the surface estate owner or owners of the 

17 operator’s desire to conclude an agreement 

18 under this section. If the surface estate owner 

19 and the operator do not reach an agreement 

20 within 90 days after the operator has provided 

21 such notice, the matter shall be referred to 

22 third party arbitration for resolution within a 

23 period of 90 days. The cost of such arbitration 

24 shall be the responsibility of the operator. 

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1 (B) IDENTIFICATION OF ARBITERS.—The 

2 Secretary shall identify persons with experience 

3 in conducting arbitrations and shall make this 

4 information available to operators and surface 

5 owners. 

6 (C) REFERRAL TO IDENTIFIED ARBI7 TER.—Referral of a matter for arbitration by a 

8 person identified by the Secretary pursuant to 

9 subparagraph (B) shall be sufficient to con10 stitute compliance with subparagraph (A). 

11 (4) ATTORNEYS FEES.—If action is taken to 

12 enforce or interpret any of the terms and conditions 

13 contained in a surface use agreement, the prevailing 

14 party shall be reimbursed by the other party for rea15 sonable attorneys fees and actual costs incurred, in 

16 addition to any other relief which a court or arbitra17 tion panel may grant. 

18 (c) AUTHORIZED EXPLORATION AND DRILLING OP19 ERATIONS.— 

20 (1) AUTHORIZATION WITHOUT SURFACE USE

21 AGREEMENT.—The Secretary may authorize an op22 erator to conduct exploration and drilling operations 

23 on lands covered by subsection (b) in the absence of 

24 an agreement with the surface estate owner or own25 ers, if— 

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1 (A) the Secretary makes a determination 

2 in writing that the operator made a good faith 

3 attempt to conclude such an agreement, includ4 ing referral of the matter to arbitration pursu5 ant to subsection (b)(3), but that no agreement 

6 was concluded within 90 days after the referral 

7 to arbitration; 

8 (B) the operator submits a plan of oper9 ations that provides for the matters specified in 

10 subsection (b)(2) and for compliance with all 

11 other applicable requirements of Federal and 

12 State law; and 

13 (C) the operator posts a bond or other fi14 nancial assurance in an amount the Secretary 

15 determines to be adequate to ensure compensa16 tion to the surface estate owner for any dam17 ages to the site, in the form of a surety bond, 

18 trust fund, letter of credit, government security, 

19 certificate of deposit, cash, or equivalent. 

20 (2) SURFACE OWNER PARTICIPATION.—The 

21 Secretary shall provide surface estate owners with 

22 an opportunity to— 

23 (A) comment on plans of operations in ad24 vance of a determination of compliance with 

25 this section; 

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1 (B) participate in bond level determina2 tions and bond release proceedings under this 

3 subsection; 

4 (C) attend an on-site inspection during 

5 such determinations and proceedings; 

6 (D) file written objections to a proposed 

7 bond release; and 

8 (E) request and participate in an on-site 

9 inspection when they have reason to believe 

10 there is a violation of the terms and conditions 

11 of a plan of operations. 

12 (3) PAYMENT OF FINANCIAL GUARANTEE.—A 

13 surface estate owner with respect to any land subject 

14 to a lease may petition the Secretary for payment of 

15 all or any portion of a bond or other financial assur16 ance required under this subsection as compensation 

17 for any damages as a result of exploration and drill18 ing operations. Pursuant to such a petition, the Sec19 retary may use such bond or other guarantee to pro20 vide compensation to the surface estate owner for 

21 such damages. 

22 (4) BOND RELEASE.—Upon request and after 

23 inspection and opportunity for surface estate owner 

24 review, the Secretary may release the financial as25 surance required under this subsection if the Secmstockstill on PROD1PC66 with BILLS

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1 retary determines that exploration and drilling oper2 ations are ended and all damages have been fully 

3 compensated. 

4 (d) SURFACE OWNER NOTIFICATION.—The Sec5 retary shall— 

6 (1) notify surface estate owners in writing at 

7 least 45 days in advance of lease sales; 

8 (2) within ten working days after a lease is 

9 issued, notify surface estate owners of regarding the 

10 identity of the lessee; 

11 (3) notify surface estate owners in writing with12 in 10 working days concerning any subsequent deci13 sions regarding a lease, such as modifying or 

14 waiving stipulations and approving rights of way; 

15 and 

16 (4) notify surface estate owners within five 

17 business days after issuance of a drilling permit 

18 under a lease. 

19 SEC. 222. ONSHORE OIL AND GAS RECLAMATION AND 

20 BONDING. 

21 Section 17 of the Mineral Leasing Act (30 U.S.C. 

22 226) is amended by adding at the end the following: 

23 ‘‘(p) RECLAMATION REQUIREMENTS.—An operator 

24 producing oil or gas (including coalbed methane) under 

25 a lease issued pursuant to this Act shall— 

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1 ‘‘(1) at a minimum restore the land affected to 

2 a condition capable of supporting the uses that it 

3 was capable of supporting prior to any drilling, or 

4 higher or better uses of which there is reasonable 

5 likelihood, so long as such use or uses do not present 

6 any actual or probable hazard to public health or 

7 safety or pose any actual or probable threat of water 

8 diminution or pollution, and the permit applicants’ 

9 declared proposed land use following reclamation is 

10 not impractical or unreasonable, inconsistent with 

11 applicable land use policies and plans, or involve un12 reasonable delay in implementation, or is violative of 

13 Federal, State, or local law; 

14 ‘‘(2) ensure that all reclamation efforts proceed 

15 in an environmentally sound manner and as contem16 poraneously as practicable with the oil and gas drill17 ing operations; and 

18 ‘‘(3) submit with the plan of operations a rec19 lamation plan that describes in detail the methods 

20 and practices that will be used to ensure complete 

21 and timely restoration of all lands affected by oil 

22 and gas operations. 

23 ‘‘(q) RECLAMATION BOND.—An operator producing 

24 oil or gas (including coalbed methane) under a lease issued 

25 under this Act shall post a bond that covers that area of 

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1 land within the permit area upon which the operator will 

2 initiate and conduct oil and gas drilling and reclamation 

3 operations within the initial term of the permit. As suc4 ceeding increments of oil and gas drilling and reclamation 

5 operations are to be initiated and conducted within the 

6 permit area, the lessee shall file with the regulatory au7 thority an additional bond or bonds to cover such incre8 ments in accordance with this section. The amount of the 

9 bond required for each bonded area shall depend upon the 

10 reclamation requirements of the approved permit; shall re11 flect the probable difficulty of reclamation giving consider12 ation to such factors as topography, geology of the site, 

13 hydrology, and revegetation potential; and shall be deter14 mined by the Secretary. The amount of the bond shall be 

15 sufficient to assure the completion of the reclamation plan 

16 if the work had to be performed by the Secretary in the 

17 event of forfeiture. 

18 ‘‘(r) REGULATIONS.—No later than one year after 

19 the date of the enactment of this subsection, the Secretary 

20 shall promulgate regulations to implement the require21 ments of subsections (p) and (q).’’. 

22 SEC. 223. PROTECTION OF WATER RESOURCES. 

23 (a) MINERAL LEASING ACT REQUIREMENTS.—Sec24 tion 17 of the Mineral Leasing Act (30 U.S.C. 226) is 

25 further amended by adding at the end the following: 

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1 ‘‘(s) WATER REQUIREMENTS.— 

2 ‘‘(1) IN GENERAL.—An operator producing oil 

3 or gas (including coalbed methane) under a lease 

4 issued under this Act shall— 

5 ‘‘(A) replace the water supply of a water 

6 user who obtains all or part of such user’s sup7 ply of water for domestic, agricultural, or other 

8 purposes from an underground or surface 

9 source that has been affected by contamination, 

10 diminution, or interruption proximately result11 ing from drilling operations for such produc12 tion; and 

13 ‘‘(B) comply with all applicable require14 ments of Federal and State law for discharge of 

15 any water produced under the lease. 

16 ‘‘(2) WATER MANAGEMENT PLAN.—An applica17 tion for a lease under this subsection shall be accom18 panied by a proposed water management plan in19 cluding provisions to— 

20 ‘‘(A) protect the quantity and quality of 

21 surface and ground water systems, both on-site 

22 and off-site, from adverse effects of the explo23 ration, development, and reclamation processes 

24 or to provide alternative sources of water if 

25 such protection cannot be assured; 

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1 ‘‘(B) protect the rights of present users of 

2 water that would be affected by operations 

3 under the lease, including the discharge of any 

4 water produced in connection with such oper5 ations that is not reinjected; and 

6 ‘‘(C) identify any agreements with other 

7 parties for the beneficial use of produced waters 

8 and the steps that will be taken to comply with 

9 State and Federal laws related to such use.’’. 

10 (b) RELATION TO STATE LAW.—Nothing in this sub11 title or any amendment made by this subtitle shall— 

12 (1) be construed as impairing or in any manner 

13 affecting any right or jurisdiction of any State with 

14 respect to the waters of such State; or 

15 (2) be construed as limiting, altering, modi16 fying, or amending any of the interstate compacts or 

17 equitable apportionment decrees that apportion 

18 water among and between States. 

19 SEC. 224. DUE DILIGENCE FEE. 

20 (a) ESTABLISHMENT.—The Secretary of the Interior 

21 shall, within 180 days after the date of enactment of this 

22 Act, issue regulations to establish a fee with respect to 

23 Federal onshore lands that are subject to a lease for pro24 duction of oil, natural gas, or coal under which production 

25 is not occurring. 

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1 (b) AMOUNT.—The amount of the fee shall be $1 per 

2 year for each acre of land that is not in production for 

3 that year. 

4 (c) ASSESSMENT AND COLLECTION.—The Secretary 

5 shall assess and collect the fee established under this sec6 tion. 

7 (d) DEPOSIT AND USE.—Amounts received by the 

8 United States in the form of the fee established under this 

9 section shall be available to the Secretary of the Interior 

10 for use to repair damage to Federal lands and resources 

11 caused by oil and gas development, in accordance with the 

12 the documents submitted by the President with the budget 

13 submission for fiscal year 2008 relating to the Healthy 

14 Lands Initiative. 

15 Subtitle D—Ensuring Safety of 

16 Wildlife With Respect to Wind 

17 Energy 

18 SEC. 231. STANDARDS AND REQUIREMENTS. 

19 (a) IN GENERAL.—Within 180 days after the date 

20 of enactment of this Act, the Secretary, acting through 

21 the Director and after public notice and opportunity to 

22 comment, shall promulgate regulations that establish min23 imum standards for siting, construction, monitoring, and 

24 adaptive management that must be satisfied by all wind 

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1 projects to avoid, minimize, and mitigate adverse impacts 

2 on migratory birds, bats, and other wildlife. 

3 (b) NEW WIND PROJECTS.—Such standards shall, 

4 for all wind projects that have not been constructed before 

5 the date of enactment of this Act, include at a minimum 

6 the following: 

7 (1) PRECONSTRUCTION SURVEYS.—Require8 ments for comprehensive preconstruction surveys 

9 that are of sufficient duration and scope to reason10 ably evaluate the extent to which a particular site is 

11 used by migratory birds, bats, and other wildlife, in12 cluding species listed as endangered species or 

13 threatened species under section 4 of the Endan14 gered Species Act of 1973(16 U.S.C. 1533) and the 

15 potential cumulative impact that a proposed wind 

16 project would have on such wildlife in combination 

17 with other existing or proposed wind projects. Such 

18 requirements shall provide that surveys must be car19 ried out by scientific teams that include independent 

20 scientists and that the Director may obtain reason21 able access to the proposed construction site to en22 sure that survey protocols are being properly devel23 oped and implemented. 

24 (2) SITING.—Standards for siting wind projects 

25 for which construction has not begun so as to avoid 

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1 impacts, including cumulative impacts, on birds, 

2 bats, and other wildlife to the greatest extent prac3 ticable based on data gathered during 

4 preconstruction surveys required under paragraph 

5 (1), including— 

6 (A) the avoidance of ecologically sensitive 

7 areas of importance to wildlife, such as migra8 tion corridors, wetlands, and other habitats 

9 where wildlife congregate; hibernation, breed10 ing, and nursery areas; and critical habitats of 

11 endangered species and threatened species, and 

12 (B) siting and configuring wind turbines to 

13 avoid landscape and other features known to at14 tract wildlife. 

15 (3) CONSTRUCTION AND OPERATION.—Require16 ments for the construction and operation of wind 

17 projects so that they minimize impacts on birds, 

18 bats, and other wildlife to the greatest extent prac19 ticable, including by— 

20 (A) incorporating the best available tech21 nology for minimizing such impacts, and 

22 (B) operating such projects in a manner 

23 that minimizes impacts on birds, bats, and 

24 other wildlife. 

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1 (4) POST-CONSTRUCTION MONITORING.—Re2 quirements for thorough post-construction moni3 toring of the actual impacts, including cumulative 

4 impacts, that wind projects are having on birds, 

5 bats, and other wildlife, including standards and 

6 protocols for transmitting all monitoring data and 

7 findings to the Director for consideration of cumu8 lative impacts and dissemination to the public. Such 

9 requirements shall provide that monitoring must be 

10 carried out by scientific teams that include inde11 pendent scientists, and that the Director may obtain 

12 access at any time to the site to ensure that moni13 toring protocols are being properly developed and 

14 implemented. 

15 (5) ADAPTIVE MANAGEMENT.—Requirements 

16 for adaptive management of wind projects if the im17 pacts of such projects on birds, bats, and other wild18 life exceed predicted impacts, including requirements 

19 that a wind project operator shall— 

20 (A) take steps to reduce such impacts to 

21 the levels predicted prior to operation; or 

22 (B) suspend operations if such steps are 

23 not, or cannot be, taken. 

24 (6) OFFSET OF UNAVOIDABLE IMPACTS.—Re25 quirements that wind projects offset any unavoidable 

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1 impacts, including cumulative impacts, on birds, 

2 bats, and other wildlife through the acquisition, con3 servation, or restoration of mitigation habitat, the 

4 funding of research that will be of value in con5 serving affected wildlife, and other appropriate 

6 measures. 

7 (c) EXISTING PROJECTS.—Such standards shall, for 

8 all wind projects that have begun operation before the date 

9 of enactment of this Act, include at a minimum appro10 priate requirements for monitoring, adaptive management, 

11 and offset of unavoidable impacts mitigation for adverse 

12 impacts on birds, bats, and other wildlife, consistent with 

13 paragraphs (4) through (6) of subsection (b). 

14 SEC. 232. CERTIFICATION OF COMPLIANCE. 

15 (a) CERTIFICATION REQUIREMENT.— 

16 (1) IN GENERAL.—No person may construct or 

17 operate a wind project unless the Director has 

18 issued a certification that the project will be con19 structed and operated in compliance with the stand20 ards promulgated under section 231. 

21 (2) APPLICATION.—Paragraph (1) shall 

22 apply— 

23 (A) in the case of a wind power project 

24 that began operating before the date of enact25 ment of this Act, beginning at the end of the 

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1 180-day period beginning on the date the Direc2 tor promulgates regulations under subsection 

3 (b); and 

4 (B) in the case of a wind power project 

5 that has not been constructed before the date of 

6 enactment of this Act, beginning on such date 

7 of enactment. 

8 (b) APPLICATIONS.— 

9 (1) IN GENERAL.—Within 180 days after the 

10 date of enactment of this Act, the Director, after 

11 public notice and opportunity to comment, shall pro12 mulgate regulations that establish procedures for 

13 issuing certifications under this section. 

14 (2) CONTENTS.—Such regulations shall— 

15 (A) include requirements for submitting an 

16 application for certification under this section, 

17 including requirements for the contents of such 

18 applications; 

19 (B) provide for advance public comment on 

20 each application for certification and on the 

21 conditions that should be attached to such a 

22 certification; and 

23 (C) require that such applications address 

24 in detail how the project will be constructed and 

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1 operated in compliance with all applicable 

2 standards promulgated under section 231. 

3 (c) RENEWAL OF CERTIFICATION.—Regulations 

4 under subsection (b) shall— 

5 (1) require that each certification under this 

6 section must be renewed at least once every three 

7 years; 

8 (2) establish procedures and requirements ap9 plicable to such renewal applications; and 

10 (3) provide for advance public notice and com11 ment regarding each application for renewal. 

12 SEC. 233. PENALTIES. 

13 A person who violates this subtitle or a regulation 

14 issued under this subtitle is subject to a fine of not more 

15 than $50,000, or imprisonment of not more than one year, 

16 or both. 

17 SEC. 234. RELATIONSHIP TO OTHER STATUTES. 

18 Nothing in this subtitle affects the application of the 

19 Endangered Species Act of 1973, the Migratory Bird 

20 Treaty Act, the Bald Eagle Protection Act, the Golden 

21 Eagle Protection Act, the Marine Mammal Protection Act 

22 of 1973, National Environmental Policy Act of 1969, or 

23 any other relevant Federal law to wind projects. 

24 SEC. 235. DEFINITIONS. 

25 As used in this subtitle: 

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1 (1) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the United States Fish and Wildlife 

3 Service, or a designee of that Director. 

4 (2) INDEPENDENT SCIENTIST.—The term 

5 ‘‘independent scientist’’ mean a scientist who is not 

6 an employee of, or regular consultant to, the wind 

7 power industry. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (4) WIND PROJECT.—The term ‘‘wind project’’ 

11 means any project in the United States that uses 

12 wind to generate electric power. 

13 Subtitle E—Enhancing Energy 

14 Transmission 

15 SEC. 241. ENERGY TRANSMISSION SERVICE OFFERED BY 

16 POWER MARKETING ADMINISTRATIONS. 

17 The Secretary of Energy shall require each Federal 

18 Power Marketing Administration providing transmission 

19 service to offer conditional firm energy transmission serv20 ice, consistent with Federal Energy Regulatory Commis21 sion order 890, through contracts of one or more years 

22 in duration. 

23 SEC. 242. POWER MARKETING ADMINISTRATIONS REPORT. 

24 (a) ANALYSIS.—The Secretary of Energy, acting 

25 through the Administrators of the Bonneville and Western 

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1 Area Power Marketing Administrations, shall conduct an 

2 analysis of the existing capacity of transmission and dis3 tribution systems serving the States of California, Oregon, 

4 and Washington to accommodate and promote develop5 ment and commercial operation of ocean wave, tidal, and 

6 current energy projects in State and Federal marine wa7 ters adjacent to those States. 

8 (b) REPORT.—Based on the analysis conducted under 

9 subsection (a), the Secretary of Energy shall prepare and 

10 provide to the Natural Resources Committee of the House 

11 of Representatives and the Energy and Natural Resources 

12 Committee of the Senate, not later than one year after 

13 the date of enactment of this Act, a report identifying 

14 changes required, if any, in the capacity of existing trans15 mission and distribution systems serving the States re16 ferred to in subsection (a) in order to reliably and effi17 ciently accommodate generation from commercial ocean 

18 wave, tidal, and current energy projects in aggregate, es19 calating amounts equal to 2.5, 5, and 10 percent of the 

20 current electrical energy consumption in those States. 

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1 TITLE III—ALTERNATIVE 

2 ENERGY AND EFFICIENCY 

3 SEC. 301. STATE OCS ALTERNATIVE ENERGY PLANNING. 

4 (a) IN GENERAL.—The Coastal Zone Management 

5 Act of 1972 (16 U.S.C. 1451 et seq. is amended by insert6 ing after section 306A the following: 

7 ‘‘OCS ALTERNATIVE ENERGY STATE SURVEYS; ALTER8 NATIVE ENERGY SITE IDENTIFICATION AND PLAN9 NING

10 ‘‘SEC. 306B. (a) GRANTS TO STATES.—The Sec11 retary may make grants to eligible coastal states to sup12 port voluntary State efforts to initiate and complete sur13 veys of portions of the Outer Continental Shelf adjacent 

14 to a State’s coastal zone and coastal state waters to iden15 tify potential areas suitable for the exploration, develop16 ment, and production of alternative energy that are con17 sistent with the enforceable policies of coastal manage18 ment plans approved pursuant to section 306A. 

19 ‘‘(b) SURVEY ELEMENTS.—Surveys developed with 

20 grants under this section shall include, but not be limited 

21 to— 

22 ‘‘(1) hydrographic and bathymetric surveys; 

23 ‘‘(2) oceanographic observations and measure24 ments of the physical ocean environment, especially 

25 seismically active areas; 

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1 ‘‘(3) identification and characterization of sig2 nificant or sensitive marine ecosystems or other 

3 areas possessing important conservation, rec4 reational, ecological, historic, or aesthetic values; 

5 ‘‘(4) surveys of existing marine uses in the OCS 

6 and identification of potential conflicts; 

7 ‘‘(5) inventories and surveys of shore locations 

8 and infrastructure capable of supporting alternative 

9 energy development; and 

10 ‘‘(6) other actions as may be necessary. 

11 ‘‘(c) PARTICIPATION.—To the extent practicable, 

12 coastal states shall provide opportunity for the participa13 tion in surveys under this section by relevant Federal 

14 agencies, State agencies, local governments, regional orga15 nizations, port authorities, and other interested parties 

16 and stakeholders, public and private, that is adequate to 

17 develop a comprehensive survey. 

18 ‘‘(d) GUIDELINES.—The Secretary shall, within 180 

19 days after the date of enactment of this section and after 

20 consultation with the coastal states, publish guidelines for 

21 the application for and use of grants under this section. 

22 ‘‘(e) ANNUAL GRANTS.—For each of fiscal years 

23 2008 through 2011, the Secretary may make a grant to 

24 a coastal state under this section if the coastal state dem25 onstrates to the satisfaction of the Secretary that the 

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1 grant will be used to develop an alternative energy survey 

2 consistent with the requirements set forth in section 306A 

3 and this section. 

4 ‘‘(f) GRANT AMOUNTS.—The amount of any grant 

5 under this section shall not exceed $750,000 for any fiscal 

6 year. 

7 ‘‘(g) STATE MATCH.— 

8 ‘‘(1) BEFORE FISCAL YEAR 2010.—The Sec9 retary shall not require any State matching fund 

10 contribution for grants awarded under this section 

11 for any fiscal year before fiscal year 2010. 

12 ‘‘(2) AFTER FISCAL YEAR 2010.—The Secretary 

13 shall require a coastal state to provide a matching 

14 fund contribution for a grant under this section ac15 cording to— 

16 ‘‘(A) a 2-to-1 ratio of Federal-to-State con17 tributions for fiscal year 2010; and 

18 ‘‘(B) a 1-to-1 ratio of Federal-to-State 

19 contributions for fiscal year 2011. 

20 ‘‘(h) SECRETARIAL REVIEW.—After an initial grant 

21 is made to a coastal state under this section, no subse22 quent grant may be made to that coastal state under this 

23 section unless the Secretary finds that the coastal state 

24 is satisfactorily developing its survey. 

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1 ‘‘(i) LIMITATION ON ELIGIBILITY.—No coastal state 

2 is eligible to receive grants under this section for more 

3 than 4 fiscal years. 

4 ‘‘(j) APPLICABILITY.—This section and the surveys 

5 conducted with assistance under this section shall not be 

6 construed to convey any new authority to any coastal 

7 state, or repeal or supersede any existing authority of any 

8 Federal agency, to regulate the siting, licensing, leasing, 

9 or permitting of alternative energy facilities in areas of 

10 the Outer Continental Shelf under the administration of 

11 the Federal Government. Nothing in this section repeals 

12 or supersedes any existing coastal state authority. 

13 ‘‘(k) PRIORITY.—Any area that is identified as suit14 able for potential alternative energy development under 

15 surveys developed with assistance under this section shall 

16 be given priority consideration by Federal agencies for the 

17 siting, licensing, leasing, or permitting of alternative en18 ergy facilities. 

19 ‘‘(l) ASSISTANCE BY THE SECRETARY.—The Sec20 retary shall— 

21 ‘‘(1) under section 307(a) and to the extent 

22 practicable, make available to coastal states the re23 sources and capabilities of the National Oceanic and 

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1 sistance to the coastal states to develop surveys 

2 under this section; and 

3 ‘‘(2) encourage other Federal agencies with rel4 evant expertise to participate in providing technical 

5 assistance under this subsection.’’. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 318(a) of the Coastal Zone Management Act of 1972 (16 

8 U.S.C. 1464) is amended— 

9 (1) in paragraph (1) by striking ‘‘and’’ after 

10 the semicolon; 

11 (2) in paragraph (2), by striking the period at 

12 the end and inserting a semicolon; and 

13 (3) by adding at the end the following: 

14 ‘‘(3) for grants under section 306B such sums 

15 as are necessary; and’’. 

16 SEC. 302. CANAL-SIDE POWER PRODUCTION AT BUREAU OF 

17 RECLAMATION PROJECTS. 

18 Not later than one year after the date of the enact19 ment of this Act, the Secretary of the Interior shall com20 plete an evaluation and report to Congress on the potential 

21 for developing rights-of-way along Bureau of Reclamation 

22 canals and infrastructure for solar or wind energy produc23 tion through leasing of lands or other means. The report 

24 to Congress shall specify— 

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1 (1) location of potential rights-of-way for en2 ergy production; 

3 (2) total acreage available for energy produc4 tion; 

5 (3) existing transmission infrastructure at sites; 

6 (4) estimates of fair market leasing value of po7 tential energy sites; and 

8 (5) estimate energy development potential at 

9 sites. 

10 SEC. 303. INCREASING ENERGY EFFICIENCIES FOR WATER 

11 DESALINATION. 

12 The Water Desalination Act of 1996 (42 U.S.C. 

13 10301 note; Public Law 104–298) is amended by adding 

14 at the end the following new section: 

15 ‘‘SEC. 10. RESEARCH ON REVERSE OSMOSIS TECHNOLOGY 

16 FOR WATER DESALINATION AND WATER RE17 CYCLING. 

18 ‘‘(a) RESEARCH PROGRAM.—The Secretary of the In19 terior, in consultation with the Secretary of Energy, shall 

20 implement a program to research methods for improving 

21 the energy efficiency of reverse osmosis technology for 

22 water desalination and water recycling. 

23 ‘‘(b) REPORT.—Not later than one year after the 

24 date of the enactment of this Act, the Secretary of the 

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1 Interior shall submit to Congress a report which shall in2 clude— 

3 ‘‘(1) a review of existing and emerging tech4 nologies, both domestic and international, that are 

5 likely to improve energy efficiency at existing and 

6 future desalination and recycling facilities; and 

7 ‘‘(2) an analysis of the economic viability of en8 ergy efficiency technologies.’’. 

9 SEC. 304. GREEN BUILDING LEADERSHIP PROGRAM. 

10 (a) MAJOR NEW CONSTRUCTION.—All major new fa11 cility construction projects funded in whole or in part 

12 through the Department of the Interior, the National 

13 Ocean Service, the National Marine Fisheries Service, or 

14 the Forest Service shall be designed to meet or exceed 

15 Leadership in Energy and Environmental Design Green 

16 Building Rating System Silver Certification Standards. 

17 (b) EXISTING FACILITIES.—All major facility renova18 tion projects or facility adaptive reuse projects funded in 

19 whole or in part through the Department of the Interior, 

20 the National Ocean Service, the National Marine Fisheries 

21 Service, or the Forest Service shall be designed to meet 

22 or exceed Leadership in Energy and Environmental De23 sign Existing Building Silver Certification Standards. 

24 (c) CERTIFICATION.—Certification under the Leader25 ship in Energy and Environmental Design program of famstockstill on PROD1PC66 with BILLS

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1 cilities described in subsections (a) and (b) is encouraged 

2 but not required. 

3 SEC. 305. GREEN CONCESSIONS MANAGEMENT PROGRAM. 

4 When awarding any concession, whether operated 

5 under a concession contract, special use permit, or lease, 

6 the Department of the Interior and the Forest Service 

7 shall give preference to proposals that are likely to result 

8 in demonstrable energy savings and the implementation 

9 of environmentally sustainable practices. 

10 SEC. 306. FEDERAL HYDROPOWER PRODUCTION FACILI11 TIES INVENTORY AND MAP. 

12 Not later than one year after the date of the enact13 ment of this Act, the United States Geological Survey and 

14 the Bureau of Reclamation, in consultation with the Fed15 eral Energy Regulatory Commission, shall inventory and 

16 map groundwater resources and uses in hydrologic water17 sheds containing Federal hydropower production facilities. 

18 The inventory shall include the following: 

19 (1) An analysis of groundwater use in the wa20 tersheds and a description of the source or recharge 

21 area for the aquifers. 

22 (2) An analysis of the capacity and volume of 

23 groundwater resources in the watersheds, including 

24 an assessment of whether groundwater resources can 

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1 ble basis to improve the reliability of surface water 

2 supplies for hydroelectric power generation. 

3 (3) Any known reduction of energy generation 

4 capacity or use from drought or other factors. 

5 SEC. 307. ESTABLISHING A PILOT PROGRAM FOR THE DE6 VELOPMENT OF STRATEGIC SOLAR RE7 SERVES ON FEDERAL LANDS. 

8 (a) PURPOSE.—To establish a pilot program for the 

9 development of strategic solar reserve on Federal lands for 

10 the advancement, development, assessment, and installa11 tion of commercial concentrating solar power energy sys12 tems. 

13 (b) STRATEGIC SOLAR RESERVE PROGRAM.— 

14 (1) SITE SELECTION.—The Secretary of the In15 terior, in consultation with the Secretary of Energy, 

16 the Secretary of Defense, and the Federal Energy 

17 Regulatory Commission, States, tribal, or local units 

18 of governments, as appropriate, affected utility in19 dustries, and other interested persons, shall complete 

20 the following: 

21 (A) Identify Federal lands under the juris22 diction of the Bureau of Land Management, 

23 subject to valid existing rights, that are suitable 

24 and feasible for the installation of concentrating 

25 solar power energy systems sufficient to create 

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1 a solar energy reserve of no less than 4 GW 

2 and no more than 10 GW. 

3 (B) Perform any environmental reviews 

4 that may be required to complete the designa5 tion of such solar reserves. 

6 (C) Incorporate the designated solar re7 serves into the relevant agency land use and re8 source management plans or equivalent plans. 

9 (2) MINIMUM POWER OF SITES.—Each site 

10 identified as suitable and feasible for the installation 

11 of concentrating solar power systems shall be suffi12 cient for the installation of at least 1 GW. 

13 (3) LANDS INCLUDED.—The following Federal 

14 lands shall not be included within a strategic solar 

15 reserve site: 

16 (A) Components of the National Land17 scape Conservation System. 

18 (B) Areas of Critical Environmental Con19 cern. 

20 (4) IMPLEMENTATION OF THE STRATEGIC

21 SOLAR RESERVE.—(A) The Secretary of Energy and 

22 the Secretary of Interior shall expeditiously imple23 ment a strategic solar reserve program for concen24 trating solar energy to produce no less than 4 GW 

25 and no more than 10 GW on such Federal lands, 

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1 following the completion of the requirements con2 tained in subparagraph (B). 

3 (B) The Secretary of Energy, in consultation 

4 with the Secretary of the Interior, shall establish a 

5 program within the Department of Energy to admin6 ister the selection and installation of concentrating 

7 solar power technologies on such Federal lands iden8 tified in paragraph (1)(A). The Secretary of Energy 

9 shall establish criteria for an application process to 

10 allow for a variety of concentrating solar tech11 nologies and for project development milestones to 

12 ensure due diligence in the development of the stra13 tegic solar reserves. 

14 (5) ENVIRONMENTAL COMPLIANCE.—The Sec15 retary of the Interior shall complete all necessary en16 vironmental surveys, compliance and permitting for 

17 rights of way pursuant to title V of the Federal 

18 Land Policy Management Act of 1976 for each stra19 tegic solar reserve, as expeditiously as possible. The 

20 applicant shall pay all costs of environmental compli21 ance, including when a determination is made that 

22 the land is not suitable and feasible for such instal23 lation or the bid is withdrawn following the initiation 

24 of such environmental compliance. 

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1 (6) PERMITS.—The Secretary of the Interior 

2 shall ensure that all strategic solar reserve installa3 tion pursuant to this section is permitted using an 

4 expedited permitting process. The Secretary shall, in 

5 consultation with the Secretary of Energy, complete 

6 the preparation of a Programmatic Environmental 

7 Impact Statement by the Departments of Energy 

8 and Interior for concentrating solar power on Fed9 eral lands. 

10 (7) RENTAL FEES.—The rental fee for each 

11 strategic solar reserve right-of-way authorization 

12 under this subsection shall be established at the 

13 greater of $200 per acre or fair market value for the 

14 first year of operation and increasing 25 percent 

15 after the first 5 years and an additional 25 percent 

16 in the tenth year of the pilot program, to be paid in 

17 annual payments commencing on the day of oper18 ation. During the development and construction 

19 phase of a project, the rental fee shall be waived. 

20 The leases shall be for a term of 30 years. 

21 (8) REPORT TO CONGRESS.—The Secretary of 

22 the Interior, in consultation with the Secretary of 

23 Energy, shall submit a report to Congress on the 

24 findings of the pilot project— 

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1 (A) not later than 3 years after the instal2 lation of the first facility pursuant to this sec3 tion; and 

4 (B) 10 years after the installation of the 

5 first facility pursuant to this section. 

6 (c) BUY AMERICAN ACT.—In carrying out this sec7 tion, the Secretary shall comply with the Buy American 

8 Act (41 U.S.C. 10a et seq.). 

9 (d) DAVIS-BACON ACT.—Notwithstanding any other 

10 provision of law, the prevailing wage requirements of sub11 chapter IV of chapter 31 of title 40, United State Code, 

12 shall apply to any labor funded under this Act. 

13 (e) SUNSET.—The authorities contained in this sec14 tion shall expire 10 years after the date of the enactment 

15 of this Act. 

16 SEC. 308. OTEC REGULATIONS. 

17 The Administrator of the National Oceanic and At18 mospheric Administration shall, within two years after the 

19 date of enactment of this Act, issue regulations necessary 

20 to implement the Administrator’s authority to license off21 shore thermal energy conversion facilities under the Ocean 

22 Thermal Energy Conversion Research, Development, and 

23 Demonstration Act (42 U.S.C. 9001 et seq.). 

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1 SEC. 309. BIOMASS UTILIZATION PILOT PROGRAM. 

2 (a) REPLACEMENT OF CURRENT GRANT PRO3 GRAM.—Section 210 of the Energy Policy Act of 2005 (42 

4 U.S.C. 15855) is amended to read as follows: 

5 ‘‘SEC. 210. BIOMASS UTILIZATION PILOT PROGRAM. 

6 ‘‘(a) FINDINGS.—Congress finds the following: 

7 ‘‘(1) The supply of woody biomass for energy 

8 production is directly linked to forest management 

9 planning to a degree far greater than in the case of 

10 other types of energy development. 

11 ‘‘(2) As a consequence of this linkage, the proc12 ess of developing and evaluating appropriate tech13 nologies and facilities for woody biomass energy and 

14 utilization must be integrated with long-term forest 

15 management planning processes, particularly in situ16 ations where Federal lands dominate the forested 

17 landscape. 

18 ‘‘(b) BIOMASS DEFINITION FOR FEDERAL FOREST

19 LANDS.—In this section, with respect to organic material 

20 removed from National Forest System lands or from pub21 lic lands administered by the Secretary of the Interior, the 

22 term ‘biomass’ covers only organic material from— 

23 ‘‘(1) ecological forest restoration; 

24 ‘‘(2) pre-commercial thinnings; 

25 ‘‘(3) brush; 

26 ‘‘(4) mill residues; and 

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1 ‘‘(5) slash. 

2 ‘‘(c) PILOT PROGRAM.—The Secretary of Agriculture 

3 and the Secretary of the Interior shall establish a pilot 

4 program, to be known as the ‘Biomass Utilization Pilot 

5 Program’, involving 10 different forest types on Federal 

6 Lands, under which the Secretary concerned will provide 

7 technical assistance and grants to persons to support the 

8 following biomass-related activities on Federal lands: 

9 ‘‘(1) The development of biomass utilization in10 frastructure to support hazardous fuel reduction and 

11 ecological forest restoration. 

12 ‘‘(2) The research and implementation of inte13 grated facilities that seek to utilize woody biomass 

14 for its highest and best uses, with particular empha15 sis on projects that are linked to implementing com16 munity wildfire protection plans, ecological forest 

17 restoration, and economic development in rural com18 munities. 

19 ‘‘(3) The testing of multiple technologies and 

20 approaches to biomass utilization for energy, with 

21 emphasis on improving energy efficiency, developing 

22 thermal applications and distributed heat, biofuels, 

23 and achieving cleaner emissions including through 

24 combustion with other alternative fuels, as well as 

25 other value-added uses. 

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1 ‘‘(4) The study of biomass supply. 

2 ‘‘(d) BIOMASS SUPPLY STUDY.—Prior to the develop3 ment of any biomass utilization pilot projects, the Sec4 retary concerned shall develop a study to determine the 

5 long-term, ecologically sustainable, biomass supply avail6 able in the pilot program area. The study shall also ana7 lyze the long-term availability of biomass materials within 

8 a reasonable transportation distance. The biomass supply 

9 studies shall be developed through a collaborative ap10 proach, as evidenced by the broad involvement, analysis, 

11 and agreement of interested persons, including local gov12 ernments, energy developers, conservationists, and land 

13 management agencies. The results of the biomass supply 

14 study shall be a basis for determining the project scale, 

15 as outlined in subsection (g). 

16 ‘‘(e) EXCLUSION OF CERTAIN FEDERAL LAND.—The 

17 following Federal lands may not be included within a pilot 

18 project site: 

19 ‘‘(1) Federal land containing old growth forest 

20 or late successional forest. 

21 ‘‘(2) Federal land on which the removal of vege22 tation is prohibited, including components of the Na23 tional Wilderness Preservation System. 

24 ‘‘(3) Wilderness Study Areas. 

25 ‘‘(4) Inventoried roadless areas. 

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1 ‘‘(5) Components of the National Landscape 

2 Conservation System. 

3 ‘‘(6) National Monuments. 

4 ‘‘(f) MULTIPLE PROJECTS.—In conducting the pilot 

5 program, the Secretary concerned shall include a variety 

6 of projects involving— 

7 ‘‘(1) innovations in facilities of various sizes 

8 and processing techniques; and 

9 ‘‘(2) the full spectrum of woody biomass pro10 ducing regions of the United States. 

11 ‘‘(g) SELECTION CRITERIA AND PROJECT SCALE.— 

12 In selecting the projects to be conducted under the pilot 

13 program, and the appropriate scale of projects, the Sec14 retary concerned shall consider criteria that evaluate exist15 ing economic, ecological, and social conditions, focusing on 

16 opportunities such as workforce training, job creation, eco17 system health, and reducing energy costs. The agreement 

18 on the scale of a project shall be reached through a col19 laborative approach, as evidenced by the broad involve20 ment, analysis, and agreement of interested persons, in21 cluding local governments, energy developers, conserva22 tionists, and land management agencies. In selecting the 

23 appropriate scale of projects to be conducted under the 

24 pilot program, the Secretary concerned shall also consider 

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1 the results of the supply study as outlined in subsection 

2 (d). 

3 ‘‘(h) MONITORING AND REPORTING REQUIRE4 MENTS.—As part of the pilot program, the Secretary con5 cerned shall impose monitoring and reporting require6 ments to ensure that the ecological, social, and economic 

7 effects of the projects conducted under the pilot program 

8 are being monitored and that the accomplishments, chal9 lenges, and lessons of each project are recorded and re10 ported. 

11 ‘‘(i) OTHER DEFINITIONS.—In this section: 

12 ‘‘(1) HIGHEST AND BEST USE.—The term 

13 ‘highest and best use’, with regard to biomass, 

14 means— 

15 ‘‘(A) creating from raw materials those 

16 products and those biomass uses that will 

17 achieve the highest market value; and 

18 ‘‘(B) yielding a wide range of existing and 

19 innovative products and biomass uses that cre20 ate new markets, stimulate existing ones, and 

21 improve rural economies, maintains or improves 

22 ecosystem integrity, while also supporting tradi23 tional biomass energy generation. 

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1 ‘‘(2) PILOT PROGRAM.—The term ‘pilot pro2 gram’ means the Biomass Utilization Pilot Program 

3 established pursuant to this section. 

4 ‘‘(3) SECRETARY CONCERNED.—The term ‘Sec5 retary concerned’ means the Secretary of Agri6 culture, with respect to National Forest System 

7 lands, and the Secretary of the Interior, with respect 

8 to public lands administered by the Secretary of the 

9 Interior. 

10 ‘‘(4) COMMUNITY WILDFIRE PROTECTION

11 PLAN.—The term ‘community wildfire protection 

12 plan’ has the meaning given that term in section 

13 101(3) of the Healthy Forest Restoration Act of 

14 2003 (16 U.S.C. 6511(3)), which is further de15 scribed by the Western Governors Association in the 

16 document entitled ‘Preparing a Community Wildfire 

17 Protection Plan: A Handbook for Wildland-Interface 

18 Communities’ and dated March 2004. 

19 ‘‘(5) FEDERAL LAND.—The term ‘Federal land’ 

20 means— 

21 ‘‘(A) land of the National Forest System 

22 (as defined in section 11(a) of the Forest and 

23 Rangeland Renewable Resources Planning Act 

24 of 1974 (16 U.S.C. 1609(a)) administered by 

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1 the Secretary of Agriculture, acting through the 

2 Chief of the Forest Service; and 

3 ‘‘(B) public lands (as defined in section 

4 103 of the Federal Land Policy and Manage5 ment Act of 1976 (43 U.S.C. 1702)), the sur6 face of which is administered by the Secretary 

7 of the Interior, acting through the Director of 

8 the Bureau of Land Management. 

9 ‘‘(6) INVENTORIED ROADLESS AREA.—The 

10 term ‘Inventoried roadless area’ means one of the 

11 areas identified in the set of inventoried roadless 

12 areas maps contained in the Forest Service Roadless 

13 Areas Conservation, Final Environmental Impact 

14 Statement, Volume 2, dated November 2000. 

15 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated such sums as may be nec17 essary to carry out the pilot program.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of such Act is amended by striking the 

20 item relating to section 210 and inserting the following 

21 new item: 

‘‘210. Biomass utilization pilot program.’’. 

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1 TITLE IV—CARBON CAPTURE 

2 AND CLIMATE CHANGE MITI3 GATION 

4 Subtitle A—Geological 

5 Sequestration Assessment 

6 SEC. 401. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘National Carbon 

8 Dioxide Storage Capacity Assessment Act of 2007’’. 

9 SEC. 402. NATIONAL ASSESSMENT. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ASSESSMENT.—The term ‘‘assessment’’ 

12 means the national assessment of capacity for car13 bon dioxide completed under subsection (f). 

14 (2) CAPACITY.—The term ‘‘capacity’’ means the 

15 portion of a storage formation that can retain car16 bon dioxide in accordance with the requirements (in17 cluding physical, geological, and economic require18 ments) established under the methodology developed 

19 under subsection (b). 

20 (3) ENGINEERED HAZARD.—The term ‘‘engi21 neered hazard’’ includes the location and completion 

22 history of any well that could affect potential stor23 age. 

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1 (4) RISK.—The term ‘‘risk’’ includes any risk 

2 posed by geomechanical, geochemical, 

3 hydrogeological, structural, and engineered hazards. 

4 (5) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior, acting through the Di6 rector of the United States Geological Survey. 

7 (6) STORAGE FORMATION.—The term ‘‘storage 

8 formation’’ means a deep saline formation, 

9 unmineable coal seam, or oil or gas reservoir that is 

10 capable of accommodating a volume of industrial 

11 carbon dioxide. 

12 (b) METHODOLOGY.—Not later than 1 year after the 

13 date of enactment of this Act, the Secretary shall develop 

14 a methodology for conducting an assessment under sub15 section (f), taking into consideration— 

16 (1) the geographical extent of all potential stor17 age formations in all States; 

18 (2) the capacity of the potential storage forma19 tions; 

20 (3) the injectivity of the potential storage for21 mations; 

22 (4) an estimate of potential volumes of oil and 

23 gas recoverable by injection and storage of industrial 

24 carbon dioxide in potential storage formations; 

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1 (5) the risk associated with the potential stor2 age formations; and 

3 (6) the Carbon Sequestration Atlas of the 

4 United States and Canada that was completed by 

5 the Department of Energy in April 2006. 

6 (c) COORDINATION.— 

7 (1) FEDERAL COORDINATION.— 

8 (A) CONSULTATION.—The Secretary shall 

9 consult with the Secretary of Energy and the 

10 Administrator of the Environmental Protection 

11 Agency on issues of data sharing, format, devel12 opment of the methodology, and content of the 

13 assessment required under this section to en14 sure the maximum usefulness and success of 

15 the assessment. 

16 (B) COOPERATION.—The Secretary of En17 ergy and the Administrator shall cooperate with 

18 the Secretary to ensure, to the maximum extent 

19 practicable, the usefulness and success of the 

20 assessment. 

21 (2) STATE COORDINATION.—The Secretary 

22 shall consult with State geological surveys and other 

23 relevant entities to ensure, to the maximum extent 

24 practicable, the usefulness and success of the assess25 ment. 

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1 (d) EXTERNAL REVIEW AND PUBLICATION.— On 

2 completion of the methodology under subsection (b), the 

3 Secretary shall— 

4 (1) publish the methodology and solicit com5 ments from the public and the heads of affected 

6 Federal and State agencies; 

7 (2) establish a panel of individuals with exper8 tise in the matters described in paragraphs (1) 

9 through (5) of subsection (b) composed, as appro10 priate, of representatives of Federal agencies, insti11 tutions of higher education, nongovernmental organi12 zations, State organizations, industry, and inter13 national geoscience organizations to review the 

14 methodology and comments received under para15 graph (1); and 

16 (3) on completion of the review under para17 graph (2), publish in the Federal Register the re18 vised final methodology. 

19 (e) PERIODIC UPDATES.—The methodology devel20 oped under this section shall be updated periodically (in21 cluding at least once every 5 years) to incorporate new 

22 data as the data becomes available. 

23 (f) NATIONAL ASSESSMENT.— 

24 (1) IN GENERAL.—Not later than 2 years after 

25 the date of publication of the methodology under 

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1 subsection (d)(1), the Secretary, in consultation with 

2 the Secretary of Energy and State geological sur3 veys, shall complete a national assessment of capac4 ity for carbon dioxide in accordance with the meth5 odology. 

6 (2) GEOLOGICAL VERIFICATION.—As part of 

7 the assessment under this subsection, the Secretary 

8 shall carry out a drilling program to supplement the 

9 geological data relevant to determining storage ca10 pacity of carbon dioxide in geological storage forma11 tions, including— 

12 (A) well log data; 

13 (B) core data; and 

14 (C) fluid sample data. 

15 (3) PARTNERSHIP WITH OTHER DRILLING PRO16 GRAMS.—As part of the drilling program under 

17 paragraph (2), the Secretary shall enter, as appro18 priate, into partnerships with other entities to collect 

19 and integrate data from other drilling programs rel20 evant to the storage of carbon dioxide in geologic 

21 formations. 

22 (4) INCORPORATION INTO NATCARB.— 

23 (A) IN GENERAL.—On completion of the 

24 assessment, the Secretary of Energy shall incor25 porate the results of the assessment using the 

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1 NatCarb database, to the maximum extent 

2 practicable. 

3 (B) RANKING.—The database shall include 

4 the data necessary to rank potential storage 

5 sites for capacity and risk, across the United 

6 States, within each State, by formation, and 

7 within each basin. 

8 (5) REPORT.—Not later than 180 days after 

9 the date on which the assessment is completed, the 

10 Secretary shall submit to the Committee on Natural 

11 Resources of the House of Representatives and the 

12 Committee on Energy and Natural Resources of the 

13 Senate a report describing the findings under the as14 sessment. 

15 (6) PERIODIC UPDATES.—The national assess16 ment developed under this section shall be updated 

17 periodically (including at least once every 5 years) to 

18 support public and private sector decisionmaking. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $30,000,000 for the period of fiscal years 2008 through 

22 2012. 

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1 Subtitle B—Terrestrial 

2 Sequestration Assessment 

3 SEC. 421. REQUIREMENT TO CONDUCT AN ASSESSMENT. 

4 (a) IN GENERAL.—The Secretary of the Interior, act5 ing through the United States Geological Survey, shall— 

6 (1) conduct an assessment of the amount of 

7 carbon stored in terrestrial, aquatic, and coastal eco8 systems (including estuaries); 

9 (2) determine the processes that control the 

10 flux of carbon in and out of each ecosystem; 

11 (3) estimate the potential for increasing carbon 

12 sequestration in natural systems through manage13 ment measures or restoration activities in each eco14 system; and 

15 (4) develop near-term and long-term adaptation 

16 strategies that can be employed to enhance the se17 questration of carbon in each ecosystem. 

18 (b) USE OF NATIVE PLANT SPECIES.—In developing 

19 management measures, restoration activities, or adapta20 tion strategies, the Secretary shall emphasize the use of 

21 native plant species for each ecosystem. 

22 (c) CONSULTATION.—The Secretary shall develop the 

23 methodology and conduct the assessment in consultation 

24 with the Secretary of Energy, the Administrator of the 

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1 National Oceanic and Atmospheric Administration, and 

2 the heads of other relevant agencies. 

3 SEC. 422. METHODOLOGY. 

4 (a) IN GENERAL.—Within 270 days after the date 

5 of enactment of this Act, the Secretary shall develop a 

6 methodology for conducting the assessment. 

7 (b) PUBLICATION OF PROPOSED METHODOLOGY; 

8 COMMENT.—Upon completion of a proposed methodology, 

9 the Secretary shall publish the proposed methodology and 

10 solicit comments from the public and heads of affected 

11 Federal and State agencies for 60 days before publishing 

12 a final methodology. 

13 SEC. 423. COMPLETION OF ASSESSMENT AND REPORT. 

14 The Secretary shall— 

15 (1) complete the national assessment within 2 

16 years after publication of the final methodology 

17 under section 422; and 

18 (2) submit a report describing the results of the 

19 assessment to the House Committee on Natural Re20 sources and the Senate Committee on Energy and 

21 Natural Resources within 180 days after the assess22 ment is completed. 

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1 Subtitle C—Sequestration 

2 Activities 

3 SEC. 431. CARBON DIOXIDE STORAGE INVENTORY. 

4 Section 354 of the Energy Policy Act of 2005 (42 

5 U.S.C. 15910) is amended by redesignating subsection (d) 

6 as subsection (e), and by inserting after subsection (c) the 

7 following: 

8 ‘‘(c) RECORDS AND INVENTORY.—The Secretary of 

9 the Interior, acting through the Bureau of Land Manage10 ment, shall maintain records on and an inventory of the 

11 amount of carbon dioxide stored from Federal leases.’’. 

12 SEC. 432. FRAMEWORK FOR GEOLOGICAL CARBON SEQUES13 TRATION ON FEDERAL LANDS. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the Secretary of the Interior shall submit to 

16 the Committee on Natural Resources of the House of Rep17 resentatives and the Committee on Energy and Natural 

18 Resources of the Senate a report on a recommended regu19 latory and certification framework for conducting geologi20 cal carbon sequestration activities on Federal lands. The 

21 Secretary shall identify a lead agency within the Depart22 ment of the Interior to develop this framework. One of 

23 the goals of the framework shall be to identify what ac24 tions need to be taken in order to allow for commercialmstockstill on PROD1PC66 with BILLS

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1 scale geological carbon sequestration activities to be un2 dertaken on Federal lands as expeditiously as possible. 

3 Subtitle D—Wildlife Programs 

4 CHAPTER 1—NATIONAL POLICY AND 

5 STRATEGY 

6 SEC. 441. SHORT TITLE. 

7 This chapter may be cited as the ‘‘Global Warming 

8 Wildlife Survival Act’’. 

9 SEC. 442. NATIONAL POLICY ON WILDLIFE AND GLOBAL 

10 WARMING. 

11 It is the policy of the Federal Government, in co12 operation with State, tribal, and affected local govern13 ments, other concerned public and private organizations, 

14 landowners, and citizens to use all practicable means and 

15 measures— 

16 (1) to assist wildlife populations in adapting to 

17 and surviving the effects of global warming; and 

18 (2) to ensure the persistence and resilience of 

19 the wildlife of the United States as an essential part 

20 of our Nation’s culture, landscape, and natural re21 sources. 

22 SEC. 443. DEFINITIONS. 

23 In this chapter: 

24 (1) ECOLOGICAL PROCESSES.—The term ‘‘eco25 logical processes’’ means the biological, chemical, 

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1 and physical interactions between the biotic and abi2 otic components of ecosystems, including nutrient 

3 cycling, pollination, predator-prey relationships, soil 

4 formation, gene flow, hydrologic cycling, decomposi5 tion, and disturbance regimes such as fire and flood6 ing. 

7 (2) HABITAT LINKAGES.—The term ‘‘habitat 

8 linkages’’ means areas that connect wildlife habitat 

9 or potential wildlife habitat, and that facilitate the 

10 ability of wildlife to move within a landscape in re11 sponse to the effects of global warming. 

12 (3) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (4) WILDLIFE.—The term ‘‘wildlife’’ means any 

15 species of wild, free-ranging fauna including fish, 

16 and also fauna in captive breeding programs the ob17 ject of which is to reintroduce individuals of a de18 pleted indigenous species into previously occupied 

19 range. 

20 SEC. 444. NATIONAL STRATEGY. 

21 (a) REQUIREMENT.— 

22 (1) IN GENERAL.—The Secretary shall, within 

23 two years after the date of the enactment of this 

24 Act, on the basis of the best available science as pro25 vided by the science advisory board under section 

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1 445, promulgate a national strategy for mitigating 

2 the impacts of global warming on wildlife popu3 lations in the United States. 

4 (2) CONSULTATION AND COMMENT.—In devel5 oping the national strategy, the Secretary shall— 

6 (A) consult with the Secretary of Agri7 culture, the Secretary of Commerce, the Admin8 istrator of the Environmental Protection Agen9 cy, State fish and wildlife agencies, Indian 

10 tribes, local governments, conservation organi11 zations, scientists, and other interested stake12 holders; and 

13 (B) provide opportunity for public com14 ment. 

15 (b) CONTENTS.— 

16 (1) IN GENERAL.—The Secretary shall include 

17 in the national strategy prioritized goals and meas18 ures to— 

19 (A) identify and monitor wildlife popu20 lations likely to be adversely affected by global 

21 warming; 

22 (B) identify and monitor coastal, marine, 

23 terrestrial, and freshwater resources and habi24 tat at greatest risk of being damaged by global 

25 warming; 

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1 (C) assist species in adapting to the im2 pacts of global warming; 

3 (D) protect, acquire, and restore wildlife 

4 habitat to build resilience to global warming; 

5 (E) provide habitat linkages and corridors 

6 to facilitate wildlife movements in response to 

7 global warming; 

8 (F) restore and protect ecological processes 

9 that sustain wildlife populations vulnerable to 

10 global warming; and 

11 (G) incorporate consideration of climate 

12 change in, and integrate climate change adapta13 tion strategies for wildlife into, the planning 

14 and management of Federal lands administered 

15 by the Department of the Interior and lands 

16 administered by the Forest Service. 

17 (2) COORDINATION WITH OTHER PLANS.—In 

18 developing the national strategy, the Secretary 

19 shall— 

20 (A) take into consideration research and 

21 information in State comprehensive wildlife con22 servation plans, the North American Waterfowl 

23 Management Plan, the National Fish Habitat 

24 Action Plan, and other relevant wildlife con25 servation plans; and 

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1 (B) coordinate and integrate, to the extent 

2 practicable and consistent with the policy set 

3 forth in section 442, the goals and measures 

4 identified in the national strategy with goals 

5 and measures identified in such plans. 

6 (c) REVISION.—The Secretary shall revise the na7 tional strategy not later than five years after its initial 

8 promulgation, and not later than every ten years there9 after, to reflect new information on the impacts of global 

10 warming on wildlife and advances in the development of 

11 strategies for adapting to or mitigating for such impacts. 

12 (d) IMPLEMENTATION.— 

13 (1) IMPLEMENTATION ON DEPARTMENT OF

14 THE INTERIOR AND FOREST SERVICE LANDS.—To 

15 achieve the goals of the national strategy and to im16 plement measures for the conservation of wildlife 

17 identified in the national strategy— 

18 (A) the Secretary shall exercise the author19 ity of such Secretary under this and other Acts 

20 on lands administered by the National Park 

21 Service, the United States Fish and Wildlife 

22 Service, and the Bureau of Land Management; 

23 and 

24 (B) the Secretary of Agriculture shall exer25 cise the authority of such Secretary under this 

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1 and other Acts on lands administered by the 

2 Forest Service. 

3 (2) WILDLIFE CONSERVATION PROGRAMS.— 

4 Consistent with their authorities under other laws, 

5 the Secretary, the Secretary of Agriculture, and the 

6 Secretary of Commerce shall administer wildlife con7 servation programs authorized under other laws to 

8 achieve the goals of the national strategy and to im9 plement measures for the conservation of wildlife 

10 identified in the national strategy. 

11 SEC. 445. ADVISORY BOARD. 

12 (a) SCIENCE ADVISORY BOARD.— 

13 (1) IN GENERAL.—The Secretary shall establish 

14 and appoint the members of a science advisory board 

15 comprised of not less than ten and not more than 

16 twenty members recommended by the President of 

17 the National Academy of Sciences with expertise in 

18 wildlife biology, ecology, climate change and other 

19 relevant disciplines. The director of the National 

20 Global Warming and Wildlife Science Center estab21 lished under subsection (b) shall be an ex officio 

22 member of the science advisory board. 

23 (2) FUNCTIONS.—The science advisory board 

24 shall— 

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1 (A) provide scientific and technical advice 

2 and recommendations to the Secretary on the 

3 impacts of global warming on wildlife and its 

4 habitat, areas of habitat of particular impor5 tance for the conservation of wildlife popu6 lations affected by global warming, and strate7 gies and mechanisms to mitigate the impacts of 

8 global warming on wildlife in the management 

9 of Federal lands and in other Federal programs 

10 for wildlife conservation; 

11 (B) advise the National Global Warming 

12 and Wildlife Science Center established under 

13 subsection (b) and review the quality of the re14 search programs of the Center; 

15 (C) advise the Secretary regarding the best 

16 science available for purposes of section 

17 444(a)(1). 

18 (b) NATIONAL GLOBAL WARMING AND WILDLIFE

19 SCIENCE CENTER.— 

20 (1) IN GENERAL.—The Secretary shall establish 

21 the National Global Warming and Wildlife Science 

22 Center within the United States Geological Survey. 

23 (2) FUNCTIONS.—The National Global Warm24 ing and Wildlife Science Center shall— 

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1 (A) conduct scientific research on national 

2 issues related to the impacts of global warming 

3 on wildlife and its habitat and mechanisms for 

4 adaptation or mitigation of such impacts; and 

5 (B) provide scientific support to Federal 

6 land management agencies and Federal wildlife 

7 agencies regarding such issues. 

8 (c) DETECTION OF CHANGES.—The Secretary, the 

9 Secretary of Agriculture, and the Secretary of Commerce 

10 shall each exercise authorities under other laws to carry 

11 out programs to detect changes in wildlife abundance, dis12 tribution, and behavior related to global warming, includ13 ing— 

14 (1) conducting species inventories on Federal 

15 lands and in marine areas within the exclusive eco16 nomic zone of the United States; and 

17 (2) establishing and implementing robust, co18 ordinated monitoring programs. 

19 SEC. 446. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) IMPLEMENTATION OF NATIONAL STRATEGY.—Of 

21 the amounts appropriated to carry out this chapter for 

22 each fiscal year— 

23 (1) 45 percent are authorized to be made avail24 able to Federal agencies to develop and implement 

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1 the national strategy promulgated under section 444 

2 on Federal lands, of which— 

3 (A) 35 percent shall be allocated to the 

4 Department of the Interior to— 

5 (i) operate the National Global Warm6 ing and Wildlife Science Center established 

7 under section 445; and 

8 (ii) carry out the policy set forth in 

9 section 442 and implement the national 

10 strategy on lands within the National Park 

11 System, lands within the National Wildlife 

12 Refuge System, and public lands adminis13 tered by the Bureau of Land Management; 

14 and 

15 (B) 10 percent shall be allocated to the 

16 Department of Agriculture to carry out the pol17 icy set forth in section 442 and implement the 

18 national strategy on lands within the National 

19 Forest System; 

20 (2) 25 percent are authorized to be made avail21 able to Federal agencies to carry out the policy set 

22 forth in section 442 and to implement the national 

23 strategy through fish and wildlife programs, other 

24 than for the operation and maintenance of Federal 

25 lands, of which— 

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1 (A) 10 percent shall be allocated to the 

2 Department of the Interior to fund endangered 

3 species, migratory bird, and other fish and wild4 life programs administered by the United 

5 States Fish and Wildlife Service, other than op6 erations and maintenance of the national wild7 life refuges; 

8 (B) 8 percent shall be allocated to the De9 partment of the Interior for implementation of 

10 cooperative grant programs benefitting wildlife 

11 including the Cooperative Endangered Species 

12 Fund, Private Stewardship Grants, the North 

13 American Wetlands Conservation Act, the 

14 Neotropical Migratory Bird Conservation Fund, 

15 and the National Fish Habitat Action Plan, 

16 and used exclusively for activities that address 

17 the impacts of global warming on wildlife and 

18 its habitat; and 

19 (C) 7 percent shall be allocated to the Na20 tional Oceanic and Atmospheric Administration 

21 to carry out the policy set forth in section 442 

22 and to implement the national strategy through 

23 Federal programs for conservation of fish and 

24 wildlife under its jurisdiction; and 

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1 (3) 30 percent are authorized to be made avail2 able for grants to States and Indian tribes through 

3 the State and Tribal Wildlife Grants Program au4 thorized under section 451, to— 

5 (A) be used exclusively to carry out activi6 ties that address the impacts of global warming 

7 on wildlife in accordance with State comprehen8 sive wildlife conservation plans developed and 

9 approved under that program that contain ex10 plicit strategies for addressing the impacts of 

11 global warming on wildlife; and 

12 (B) revise existing State comprehensive 

13 wildlife conservation plans as necessary to in14 clude specific strategies for addressing the im15 pacts of global warming on wildlife. 

16 (b) AVAILABILITY.— 

17 (c) INTENT OF CONGRESS.—It is the intent of Con18 gress that funding provided to Federal agencies and 

19 States pursuant to this chapter supplement, and not re20 place, existing sources of funding for wildlife conservation. 

21 CHAPTER 2—STATE AND TRIBAL 

22 WILDLIFE GRANTS PROGRAM 

23 SEC. 451. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM. 

24 (a) AUTHORIZATION OF PROGRAM.—There is author25 ized to be established a State and Tribal Wildlife Grants 

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1 Program to be administered by the Secretary of the Inte2 rior and to provide wildlife conservation grants to States 

3 and to the District of Columbia, Puerto Rico, Guam, the 

4 United States Virgin Islands, the Northern Mariana Is5 lands, American Samoa, and federally recognized Indian 

6 tribes for the planning, development, and implementation 

7 of programs for the benefit of wildlife and their habitat, 

8 including species that are not hunted or fished. 

9 (b) ALLOCATION OF FUNDS.— 

10 (1) IN GENERAL.—Of the amounts made avail11 able to carry out this section for each fiscal year— 

12 (A) 10 percent shall be for a competitive 

13 grant program for Indian tribes that are not 

14 subject to the remaining provisions of this sec15 tion; 

16 (B) of the amounts remaining after the ap17 plication of subparagraph (A), and after the de18 duction of the Secretary’s administrative ex19 penses to carry out this section— 

20 (i) not more than one-half of 1 per21 cent shall be allocated to each of the Dis22 trict of Columbia and to the Common23 wealth of Puerto Rico; and 

24 (ii) not more than one-fourth of 1 per25 cent shall be allocated to each of Guam, 

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1 American Samoa, the United States Virgin 

2 Islands, and the Commonwealth of the 

3 Northern Mariana Islands; 

4 (C) of the amount remaining after the ap5 plication of subparagraphs (B) and (C), the 

6 Secretary shall apportion among the States— 

7 (i) one-third based on the ratio that 

8 the land area of each State bears to the 

9 total land area of all States; and 

10 (ii) two-thirds based on the ratio that 

11 the population of each State bears to the 

12 total population of all States. 

13 (2) ADJUSTMENTS.—The amounts apportioned 

14 under subparagraph (C) of paragraph (1) for a fis15 cal year shall be adjusted equitably so that no State 

16 is apportioned under such subparagraph a sum that 

17 is— 

18 (A) less than 1 percent of the amount 

19 available for apportionment under that subpara20 graph that fiscal year; or 

21 (B) more than 5 percent of such amount. 

22 (c) COST SHARING.— 

23 (1) PLAN DEVELOPMENT GRANTS.—The Fed24 eral share of the costs of developing a comprehensive 

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1 wildlife conservation plan shall not exceed 75 per2 cent of the total costs of developing such plan. 

3 (2) PLAN IMPLEMENTATION GRANTS.—The 

4 Federal share of the costs of implementing an activ5 ity in an approved comprehensive wildlife conserva6 tion plan carried out with a grant under this section 

7 shall not exceed 50 percent of the total costs of such 

8 activities. 

9 (3) PROHIBITION ON USE OF FEDERAL

10 FUNDS.—The non-Federal share of costs of an activ11 ity carried out under this section shall not be paid 

12 with amounts derived from any Federal grant pro13 gram. 

14 (d) REQUIREMENT FOR PLAN.— 

15 (1) IN GENERAL.—No State, territory, or other 

16 jurisdiction shall be eligible for a grant under this 

17 section unless it submits to the Secretary a com18 prehensive wildlife conservation plan that— 

19 (A) complies with paragraph (2); and 

20 (B) considers the broad range of the State, 

21 territory, or other jurisdiction’s wildlife and as22 sociated habitats, with appropriate priority 

23 placed on those species with the greatest con24 servation need and taking into consideration the 

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1 relative level of funding available for the con2 servation of those species. 

3 (2) CONTENTS.—The comprehensive wildlife 

4 conservation plan must contain— 

5 (A) information on the distribution and 

6 abundance of species of wildlife, including low 

7 and declining populations as the State , terri8 tory, or other jurisdiction’s fish and wildlife 

9 agency considers appropriate, that are indic10 ative of the diversity and health of the jurisdic11 tion’s wildlife; 

12 (B) the location and relative condition of 

13 key habitats and community types essential to 

14 conservation of species identified in subpara15 graph (A); 

16 (C) descriptions of problems which may 

17 adversely affect species identified in subpara18 graph (A) or their habitats, and priority re19 search and survey efforts needed to identify fac20 tors that may assist in restoration and im21 proved conservation of these species and habi22 tats; 

23 (D) descriptions of conservation actions 

24 proposed to conserve the identified species and 

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1 habitats and priorities for implementing such 

2 actions; 

3 (E) proposed plans for monitoring species 

4 identified in subparagraph (A) and their habi5 tats, for monitoring the effectiveness of the con6 servation actions proposed in subparagraph 

7 (D), and for adapting these conservation ac8 tions to respond appropriately to new informa9 tion or changing conditions; 

10 (F) descriptions of procedures to review 

11 the comprehensive wildlife conservation plan at 

12 intervals not to exceed ten years; 

13 (G) plans for coordinating the develop14 ment, implementation, review, and revision of 

15 the comprehensive wildlife conservation plan 

16 with Federal, State, and local agencies and In17 dian tribes that manage significant land and 

18 water areas within the jurisdiction or admin19 ister programs that significantly affect the con20 servation of identified species and habitats; and 

21 (H) provisions for broad public participa22 tion as an essential element of the development, 

23 revision, and implementation of the comprehen24 sive wildlife conservation plan. 

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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section. 

4 Subtitle E—Miscellaneous 

5 SEC. 461. CLIMATE CHANGE ADAPTABILITY INTRA-GOV6 ERNMENTAL PANEL. 

7 (a) ESTABLISHMENT.—The Secretary of the Interior 

8 shall establish a Climate Change Adaptability Intra-Gov9 ernmental Panel to address the impacts of climate change 

10 on Federal lands, the ocean environment, and the Federal 

11 water infrastructure under the jurisdiction of the Sec12 retary. The panel shall include the agency heads from the 

13 following: 

14 (1) The Bureau of Land Management. 

15 (2) The National Park Service. 

16 (3) United States Geological Survey. 

17 (4) The Fish and Wildlife Service. 

18 (5) The Forest Service. 

19 (6) The National Oceanic and Atmospheric Ad20 ministration. 

21 (7) The Bureau of Reclamation. 

22 (8) The Council on Environmental Quality. 

23 (b) PLAN.—Not later than one year after the date 

24 of the enactment of this Act, the Secretary of the Interior 

25 shall submit a plan to Congress describing what each 

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1 agency listed in subsection (a) shall do to accomplish the 

2 following: 

3 (1) Working in cooperation with the United 

4 States Geological Survey, develop an intra-agency in5 ventory and Geographic Information System data6 base of United States ecosystems, water supplies, 

7 and water infrastructure vulnerable to climate 

8 change. 

9 (2) Request that the United States Geological 

10 Survey examine impacts of climate change on wild11 life through the GAP analysis program to develop 

12 better information land acquisition strategies. 

13 (3) Manage land, water, and ocean resources 

14 during prolonged periods of drought, changing hy15 drology, and in the case of oceans, increasing ocean 

16 acidification. 

17 (4) Proactively address and mitigate the im18 pacts of climate change on key ecosystems that are 

19 critical wildlife habitat and watersheds. 

20 (5) Develop consistent protocols to incorporate 

21 climate change impacts in land and water manage22 ment decisions across land and water resources 

23 under the jurisdiction of those agencies listed in sub24 section (a). 

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1 (6) Incorporate the most current, peer-reviewed 

2 science on climate change and the economic, social, 

3 and ecological impacts of climate change into the de4 cision making process of those agencies listed in sub5 section (a). 

6 SEC. 462. OCEAN POLICY AND GLOBAL WARMING PRO7 GRAM. 

8 (a) IN GENERAL.—There is authorized to be estab9 lished an Ocean Policy and Global Warming Program to 

10 be administered by the Secretary of Commerce. The pur11 pose of the program is to support coastal state and Fed12 eral agency efforts to— 

13 (1) plan for and mitigate the impacts to the 

14 marine and coastal environment from global warm15 ing and the development of offshore alternative en16 ergy resources; and 

17 (2) cooperate and collaborate to support im18 proved and enhanced ocean and coastal management 

19 in the United States. 

20 (b) ALLOCATION OF FUNDING.—Of the amounts 

21 made available for each fiscal year to carry out the pro22 gram, the Secretary shall allocate, for the exclusive pur23 pose of carrying out the activities specified in subsection 

24 (a)— 

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1 (1) 40 percent to the National Oceanic and At2 mospheric Administration for allocation to coastal 

3 states based on the formula established in subsection 

4 (c); 

5 (2) 40 percent to the National Oceanic and At6 mospheric Administration; and 

7 (3) 20 percent to support regional collaboratives 

8 intended to improve and enhance ocean and coastal 

9 management and that include Federal, State, and 

10 local entities. 

11 (c) ALLOCATION OF FUNDS.—Funds made available 

12 under subsection (b)(1) shall be allocated according to the 

13 formula established in regulation pursuant to section 

14 306(c) of the Coastal Zone Management Act of 1972 (16 

15 U.S.C. 1455(c)). 

16 (d) INTENT OF CONGRESS TO SUPPLEMENT ANNUAL

17 APPROPRIATIONS.—Amounts appropriated under this sec18 tion are intended by Congress to supplement, not detract 

19 from or replace, other annual appropriations for Federal 

20 agencies and coastal states receiving funding under this 

21 section. 

22 (e) DEFINITION OF COASTAL STATE.—The term 

23 ‘‘coastal state’’ has the meaning it has in section 304(4) 

24 (c) of the Coastal Zone Management Act of 1972 (16 

25 U.S.C. 1453(4)). 

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1 SEC. 463. PLANNING FOR CLIMATE CHANGE IN THE COAST2 AL ZONE. 

3 (a) IN GENERAL.—The Coastal Zone Management 

4 Act of 1972 (16 U.S.C. 1451 et seq.) is amended by add5 ing at the end the following: 

6 ‘‘CLIMATE CHANGE RESILIENCY PLANNING

7 ‘‘SEC. 320. (a) IN GENERAL.—The Secretary shall 

8 establish consistent with the national policies set forth in 

9 section 303 a coastal climate change resiliency planning 

10 and response program to 

11 ‘‘(1) provide assistance to coastal states to vol12 untarily develop coastal climate change resiliency 

13 plans as amendments to management programs ap14 proved under section 306, to prepare for and reduce 

15 the negative consequences that may result from cli16 mate change in the coastal zone; and 

17 ‘‘(2) provide financial and technical assistance 

18 to enable coastal states to implement plans devel19 oped pursuant to this section through coastal states’ 

20 enforceable policies. 

21 ‘‘(b) GUIDELINES.—Within 180 days after the date 

22 of enactment of this section, the Secretary, in consultation 

23 with the coastal states, shall issue guidelines for the imple24 mentation of the grant program established under sub25 section (c). 

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1 ‘‘(c) CLIMATE CHANGE RESILIENCY PLANNING

2 GRANTS.— 

3 ‘‘(1) IN GENERAL.—The Secretary, subject to 

4 the availability of appropriations, may make a grant 

5 to any coastal state for the purpose of developing cli6 mate change resiliency plans pursuant to guidelines 

7 issued by the Secretary under subsection (b). 

8 ‘‘(2) PLAN CONTENT.—A plan developed with a 

9 grant under this section shall include the following: 

10 ‘‘(A) Identification of public facilities and 

11 public services, coastal resources of national 

12 significance, coastal waters, energy facilities, or 

13 other water uses located in the coastal zone 

14 that are likely to be impacted by climate 

15 change. 

16 ‘‘(B) Adaptive management strategies for 

17 land use to address non-climate change stresses 

18 that inhibit the ability of the coastal zone to re19 spond or adapt to changing environmental con20 ditions, including strategies to protect biodiver21 sity and establish habitat buffer zones, migra22 tion corridors, and climate refugia. 

23 ‘‘(C) Requirements to initiate and main24 tain long-term monitoring of environmental 

25 change to assess coastal zone resiliency and to 

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1 adjust when necessary adaptive management 

2 strategies to attain the policies under section 

3 303. 

4 ‘‘(3) ALLOCATION.—Grants under this section 

5 shall be available only to coastal states with manage6 ment programs approved by the Secretary under sec7 tion 306 and shall be allocated among such coastal 

8 states in a manner consistent with regulations pro9 mulgated pursuant to section 306(c). 

10 ‘‘(4) PRIORITY.—In the awarding of grants 

11 under this subsection the Secretary may give priority 

12 to any coastal state that has received grant funding 

13 to develop program changes pursuant to paragraphs 

14 (1), (2), (3), (5), (6), (7), and (8) of section 309(a). 

15 ‘‘(5) TECHNICAL ASSISTANCE.—The Secretary 

16 may provide technical assistance to a coastal state 

17 consistent with section 310 to ensure the timely de18 velopment of plans supported by grants awarded 

19 under this subsection. 

20 ‘‘(6) FEDERAL APPROVAL.—In order to be eligi21 ble for a grant under subsection (d), a coastal state 

22 must have its plan developed under this section ap23 proved by the Secretary under regulations adopted 

24 pursuant to section 306(e). 

25 ‘‘(d) COASTAL RESILIANCY PROJECT GRANTS.— 

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1 ‘‘(1) IN GENERAL.—The Secretary, subject to 

2 the availability of appropriations, may make grants 

3 to any coastal state that has a climate change resil4 iency plan approved under subsection (c)(6), in 

5 order to support projects that implement strategies 

6 contained within such plans. 

7 ‘‘(2) PROGRAM REQUIREMENTS.—The Sec8 retary within 90 days after approval of the first plan 

9 approved under subsection (c)(6), shall publish in 

10 the Federal Register requirements regarding appli11 cations, eligible activities and all terms and condi12 tions for grants awarded under this subsection. 

13 ‘‘(3) ELIGIBLE ACTIVITES.—The Secretary may 

14 award grants to coastal states to implement projects 

15 in the coastal zone to address stress factors in order 

16 to improve coastal climate change resiliency, includ17 ing the following: 

18 ‘‘(A) Physical disturbances within the 

19 coastal zone, especially activities related to pub20 lic facilities and public services, tourism, sedi21 mentation, and other factors negatively impact22 ing coastal waters, and fisheries-associated 

23 habitat destruction or alteration. 

24 ‘‘(B) Monitoring, control, or eradication of 

25 disease organisms and invasive species. 

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1 ‘‘(C) Activities to address the loss, deg2 radation or fragmentation of wildlife habitat 

3 through projects to establish marine and terres4 trial habitat buffers, wildlife refugia or net5 works thereof, and preservation of migratory 

6 wildlife corridors and other transition zones. 

7 ‘‘(D) Implementation of projects to reduce, 

8 mitigate, or otherwise address likely impacts 

9 caused by natural hazards in the coastal zone, 

10 including sea level rise, coastal inundation, 

11 coastal erosion and subsidence, severe weather 

12 events such as cyclonic storms, tsunamis and 

13 other seismic threats, and fluctuating Great 

14 Lake water levels.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 318(a) of the Coastal Zone Management Act of 1972 (16 

17 U.S.C. 1464) is further amended by adding at the end 

18 the following: 

19 ‘‘(4) for grants under section 320 (c) and (d), 

20 such sums as are necessary.’’. 

21 SEC. 464. ENHANCING CLIMATE CHANGE PREDICTIONS. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘National Integrated Coastal and Ocean Observation Act 

24 of 2007’’. 

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1 (b) PURPOSES.—The purposes of this section are the 

2 following: 

3 (1) Establish a National Integrated Coastal and 

4 Ocean Observation System comprised of Federal and 

5 non-Federal components, coordinated at the regional 

6 level by a network of Regional Information Coordi7 nation Entities, that includes in situ, remote, and 

8 other coastal and ocean observations, technologies, 

9 and data management and communication systems, 

10 to gather daily specific coastal and ocean data vari11 ables and to ensure the timely dissemination and 

12 availability of usable observation data to support na13 tional defense, marine commerce, energy production, 

14 scientific research, ecosystem-based marine and 

15 coastal resource management, and public safety and 

16 to promote the general public welfare. 

17 (2) Improve the Nation’s capability to measure, 

18 track, explain, and predict events related directly 

19 and indirectly to climate change, natural climate 

20 variability, and interactions between the oceanic and 

21 atmospheric environments, including the Great 

22 Lakes. 

23 (3) Authorize activities to promote basic and 

24 applied research to develop, test, and deploy innova25 tions and improvements in coastal and ocean obsermstockstill on PROD1PC66 with BILLS

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1 vation technologies, modeling systems, and other sci2 entific and technological capabilities to improve our 

3 conceptual understanding of global climate change 

4 and physical, chemical, and biological dynamics of 

5 the ocean and coastal and Great Lakes environ6 ments. 

7 (4) Institutionalize coordinated programs of 

8 public outreach, education, and training— 

9 (A) to enhance public understanding of the 

10 ocean, coastal and Great Lakes environment, 

11 the influence and effects of global climate 

12 change on the coastal and ocean environment; 

13 and 

14 (B) to promote greater public awareness 

15 and stewardship of the Nation’s ocean, coastal, 

16 and Great Lakes resources. 

17 (c) DEFINITIONS.—In this section: 

18 (1) COUNCIL.—The term ‘‘Council’’ means the 

19 National Ocean Research Leadership Council re20 ferred to in section 7902 of title 10, United States 

21 Code. 

22 (2) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the National 

24 Oceanic and Atmospheric Administration. 

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1 (3) FEDERAL ASSETS.—The term ‘‘Federal as2 sets’’ means all relevant non-classified civilian coast3 al and ocean observations, technologies, and related 

4 modeling, research, data management, basic and ap5 plied technology research and development, and pub6 lic education and outreach programs, that are man7 aged by member agencies of the Council. 

8 (4) NON-FEDERAL ASSETS.—The term ‘‘non9 Federal assets’’ means all relevant coastal and ocean 

10 observations, technologies, related basic and applied 

11 technology research and development, and public 

12 education and outreach programs managed through 

13 States, regional organizations, universities, non14 governmental organizations, or the private sector. 

15 (5) REGIONAL INFORMATION COORDINATION

16 ENTITIES.— 

17 (A) IN GENERAL.—The term ‘‘Regional In18 formation Coordination Entity’’, subject to sub19 paragraphs (B) and (C), means an organiza20 tional body that is certified or established by 

21 the lead Federal agency designated in sub22 section (d)(3)(C)(iii) and coordinating State, 

23 Federal, local, and private interests at a re24 gional level with the responsibility of engaging 

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1 erating, and improving regional coastal and 

2 ocean observing systems in order to ensure the 

3 provision of data and information that meet the 

4 needs of user groups from the respective re5 gions. 

6 (B) INCLUDED ASSOCIATIONS.—Such term 

7 includes Regional Associations as described by 

8 the System Plan. 

9 (C) LIMITATION.—Nothing in this section 

10 shall be construed to invalidate existing certifi11 cations, contracts, or agreements between Re12 gional Associations and other elements of the 

13 System. 

14 (6) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Commerce. 

16 (7) SYSTEM.—The term ‘‘System’’ means the 

17 National Integrated Coastal and Ocean Observation 

18 System established under subsection (d). 

19 (8) SYSTEM PLAN.—The term ‘‘System Plan’’ 

20 means the plan contained in the document entitled 

21 ‘‘Ocean.US publication #9, The First Integrated 

22 Ocean Observing System (IOOS) Development 

23 Plan’’. 

24 (9) INTERAGENCY WORKING GROUP.—The term 

25 ‘‘Interagency Working Group’’ means the Intermstockstill on PROD1PC66 with BILLS

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1 agency Working Group on Ocean Observations as es2 tablished by the U.S. Ocean Policy Committee Sub3 committee on Ocean Science and Technology pursu4 ant to Executive Order 13366 signed December 17, 

5 2004. 

6 (d) NATIONAL INTEGRATED COASTAL AND OCEAN

7 OBSERVING SYSTEM.— 

8 (1) ESTABLISHMENT.—The President, acting 

9 through the Council, shall establish a National Inte10 grated Coastal and Ocean Observation System to 

11 fulfill the purposes set forth in subsection (b) and 

12 the System plan and to fulfill the Nation’s inter13 national obligations to contribute to the global earth 

14 observation system of systems and the global ocean 

15 observing system. 

16 (2) SUPPORT OF PURPOSES.—The head of each 

17 agency that is a member of the Interagency Working 

18 Group shall support the purposes of this section. 

19 (3) AVAILABILITY OF DATA.—The head of each 

20 Federal agency that has administrative jurisdiction 

21 over a Federal asset shall make available data that 

22 are produced by that asset and that are not other23 wise restricted for integration, management, and dis24 semination by the System. 

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1 (4) ENHANCING ADMINISTRATION AND MAN2 AGEMENT.—The head of each Federal agency that 

3 has administrative jurisdiction over a Federal asset 

4 may take appropriate actions to enhance internal 

5 agency administration and management to better 

6 support, integrate, finance, and utilize observation 

7 data, products, and services developed under this 

8 section to further its own agency mission and re9 sponsibilities. 

10 (5) PARTICIPATION IN REGIONAL INFORMATION

11 COORDINATION ENTITY.—The head of each Federal 

12 agency that has administrative jurisdiction over a 

13 Federal asset may participate in regional informa14 tion coordination entity activities. 

15 (6) NON-FEDERAL ASSETS.—Non-Federal as16 sets shall be coordinated by the Interagency Work17 ing Group or by Regional Information Coordination 

18 Entities. 

19 (e) POLICY OVERSIGHT, ADMINISTRATION, AND RE20 GIONAL COORDINATION.— 

21 (1) NATIONAL OCEAN RESEARCH LEADERSHIP

22 COUNCIL.—The National Ocean Research Leader23 ship Council shall be responsible for establishing 

24 broad coordination and long-term operations plans, 

25 policies, protocols, and standards for the System 

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1 consistent with the policies, goals, and objectives 

2 contained in the System Plan, and coordination of 

3 the System with other earth observing activities. 

4 (2) INTERAGENCY WORKING GROUP.—The 

5 Interagency Working Group shall, with respect to 

6 the System, be responsible for— 

7 (A) implementation of operations plans 

8 and policies developed by the Council; 

9 (B) development of an annual coordinated, 

10 comprehensive System budget; 

11 (C) identification of gaps in observation 

12 coverage or needs for capital improvements of 

13 both Federal assets and non-Federal assets; 

14 (D) establishment of data management 

15 and communication protocols and standards; 

16 (E) establishment of required observation 

17 data variables; 

18 (F) development of certification standards 

19 for all non-Federal assets or Regional Informa20 tion Coordination Entities to be eligible for in21 tegration into the System; and 

22 (G) periodically review and recommned to 

23 the Council revisions to the System plan. 

24 (3) LEAD FEDERAL AGENCY.—The Secretary, 

25 acting through the Administrator, shall function as 

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1 the lead Federal agency for the System. The Sec2 retary, through the Administrator, may establish an 

3 Interagency Program Coordinating Office to facili4 tate the Secretary’s responsibilities as the lead Fed5 eral agency for System oversight and management. 

6 The Administrator shall— 

7 (A) implement policies, protocols, and 

8 standards established by the Council and dele9 gated by the Interagency Working Group; 

10 (B) promulgate regulations to integrate 

11 the participation of non-Federal assets into the 

12 System and enter into and oversee contracts 

13 and agreements with Regional Information Co14 ordination Entities to effect this purpose; 

15 (C) implement a competitive funding proc16 ess for the purpose of assigning contracts and 

17 agreements to Regional Information Coordina18 tion Entities; 

19 (D) certify or establish Regional Informa20 tion Coordination Entities to coordinate State, 

21 Federal, local, and private interests at a re22 gional level with the responsibility of engaging 

23 private and public sectors in designing, oper24 ating, and improving regional coastal and ocean 

25 observing systems in order to ensure the provimstockstill on PROD1PC66 with BILLS

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1 sion of data and information that meet the 

2 needs of user groups from the respective re3 gions; 

4 (E) formulate a process by which gaps in 

5 observation coverage or needs for capital im6 provements of Federal assets and non-Federal 

7 assets of the System can be identified by the 

8 Regional Information Coordination Entities, the 

9 Administrator, or other members of the System 

10 and transmitted to the Interagency Working 

11 Group; 

12 (F) be responsible for the coordination, 

13 storage, management, and communication of 

14 observation data gathered through the System 

15 to all end-user communities; 

16 (G) subject to the availability of appropria17 tions and pursuant to procedures adopted by 

18 the Administrator after consultation with the 

19 working group and the system advisory panel, 

20 implement a competitive matching grant or 

21 other grant program to promote research and 

22 development of innovative and new observation 

23 technologies, including testing and field trials; 

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1 ness of global climate change and effects on the 

2 ocean, coastal, and Great Lakes environment; 

3 and 

4 (I) report annually to the Council through 

5 the Interagency Working Group on the accom6 plishments, operational needs, and performance 

7 of the System to achieve the purposes of this 

8 Act and the System plan. 

9 (4) REGIONAL INFORMATION COORDINATION

10 ENTITY.—To be certified or established under para11 graph (3)(D), a Regional Information Coordination 

12 Entity must be certified or established by contract 

13 or agreement by the Administrator, and must agree 

14 to— 

15 (A) gather required System observation 

16 data and other requirements specified under 

17 this section and the System plan; 

18 (B) identify gaps in observation coverage 

19 or needs for capital improvements of Federal 

20 assets and non-Federal assets of the System, 

21 and transmit such information to the Inter22 agency Working Group via the Administrator; 

23 (C) demonstrate an organizational struc24 ture and strategic operational plan to ensure 

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1 grams and assets to support daily data observa2 tions for integration into the System; 

3 (D) comply with all financial oversight re4 quirements established by the Administrator, 

5 including requirements relating to audits; and 

6 (E) demonstrate a capability to work with 

7 other governmental and nongovernmental enti8 ties at all levels to identify and provide informa9 tion products of the System for multiple users 

10 within the service area of the Regional Informa11 tion Coordination Entities and otherwise. 

12 (5) SYSTEM ADVISORY PANEL.—The Secretary, 

13 through the Administrator, may establish and ap14 point an advisory panel to advise the Council on the 

15 operations, management, and needs of the System. 

16 The appointment of this panel shall be done in con17 sultation with the Interagency Working Group. 

18 Panel membership shall be broadly representative of 

19 all stakeholders and the user community of the Sys20 tem. 

21 (6) CIVIL LIABILITY.—For purposes of deter22 mining liability arising from the dissemination and 

23 use of observation data gathered pursuant to this 

24 section, any non-Federal asset or Regional Informa25 tion Coordination Entity that is certified under 

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1 paragraph (3)(D) and that is participating in the 

2 System shall be considered to be part of the Na3 tional Oceanic and Atmospheric Administration. Any 

4 employee of such a non-Federal asset or Regional 

5 Information Coordination Entity, while operating 

6 within the scope of his or her employment in car7 rying out the purposes of this section, with respect 

8 to tort liability, is deemed to be an employee of the 

9 Federal Government. 

10 (f) INTERAGENCY FINANCING, GRANTS, CONTRACTS, 

11 AND AGREEMENTS.— 

12 (1) IN GENERAL.—The member departments 

13 and agencies of the Council, subject to the avail14 ability of appropriations, may participate in inter15 agency financing and share, transfer, receive, obli16 gate, and expend funds appropriated to any member 

17 agency for the purposes of carrying out any adminis18 trative or programmatic project or activity to further 

19 the purposes of this section, including support for 

20 the Interagency Working Group, the Interagency Co21 ordinating Program Office, a common infrastruc22 ture, and integration to expand or otherwise enhance 

23 the System. 

24 (2) JOINT CENTERS AND AGREEMENTS.—Mem25 ber Departments and agencies of the Council shall 

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1 have the authority to create, support, and maintain 

2 joint centers, and to enter into and perform such 

3 contracts, leases, grants, cooperative agreements, or 

4 other transactions as may be necessary to carry out 

5 the purposes of this section and fulfillment of the 

6 System Plan. 

7 (g) APPLICATION WITH OTHER LAWS.—Nothing in 

8 this section supersedes or limits the authority of any agen9 cy to carry out its responsibilities and missions under 

10 other laws. 

11 (h) REPORT TO CONGRESS.—Two years after the 

12 date of enactment of this Act, and biennially thereafter, 

13 the Secretary through the Council shall submit to the Con14 gress a report on the performance of the System, achieve15 ment of the purposes and objectives of this section and 

16 the System plan, and recommendations for operational im17 provements to enhance the efficiency, accuracy, and over18 all capability of the System. 

19 SEC. 465. NOAA REPORT ON CLIMATE CHANGE EFFECTS; 

20 PREPARATION ASSISTANCE. 

21 The Coastal Zone Management Act of 1972 (16 

22 U.S.C. 1451 et seq.) is amended by adding at the end 

23 the following: 

24 ‘‘REPORT ON EFFECTS OF CLIMATE CHANGE

25 ‘‘SEC. 320. (a) IN GENERAL.—The Secretary shall 

26 report to the Congress not later than 2 years after the 

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1 date of enactment of this section, and every 5 years there2 after, on the possible and projected impacts of climate 

3 change on— 

4 ‘‘(1) oceanic and coastal ecosystems, including 

5 marine fish and wildlife and their habitat, and the 

6 commercial and recreational fisheries and tourism 

7 industries associated with them; and 

8 ‘‘(2) coastal communities, including private resi9 dential and commercial development and public in10 frastructure in the coastal zone. 

11 ‘‘(b) CONTENTS.—Each report under this section 

12 shall include information regarding— 

13 ‘‘(1) the impacts that may be due to climate 

14 change that have occurred as of the date of the sub15 mission of the report; and 

16 ‘‘(2) the projected future impacts of climate 

17 change. 

18 ‘‘(c) IMPACTS.—The impacts reported on under sub19 section (b) shall include any— 

20 ‘‘(1) increases in sea level; 

21 ‘‘(2) increases in storm activity and intensity; 

22 ‘‘(3) increases in floods, droughts, and other ex23 tremes of weather; 

24 ‘‘(4) increases in the temperature of the air and 

25 the water on oceanic and coastal ecosystems, with a 

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1 particular focus on vulnerable fisheries and eco2 systems; and 

3 ‘‘(5) changes in the acidity of the ocean surface 

4 associated with an increase in concentration of car5 bon dioxide in the atmosphere.’’. 

Æ 

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