IB 

Union Calendar No. 186 

110TH CONGRESS 

1ST SESSION H. R. 2337 

[Report No. 110–296, Part I] 

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 

AUGUST 3, 2007 

Additional sponsors: Mr. GRIJALVA, Mrs. NAPOLITANO, Mrs. CHRISTENSEN, 

Mr. HINCHEY, Ms. BORDALLO, Mr. INSLEE, and Mr. BACA

AUGUST 3, 2007 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AUGUST 3, 2007 

Committees on Agriculture and Science and Technology discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on May 16, 2007] 

A BILL 

To promote energy policy reforms and public accountability, 


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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. 

Sec. 2. Table of contents. 

TITLE I—ENERGY POLICY ACT OF 2005 REFORMS 

Sec. 101. Fiscally responsible energy amendments. 

Sec. 102. Extension 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. Limitation 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. 


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Sec. 224. Due diligence fee. 

Subtitle D—Wind Energy 

Sec. 231. Wind Turbine Guidelines Advisory Committee. 

Sec. 232. Authorization of appropriations for research to study wind energy impacts on wildlife. 

Sec. 233. Enforcement. 

Sec. 234. Savings clause. 

Subtitle E—Enhancing Energy Transmission 

Sec. 241. Power Marketing Administrations report. 

TITLE III—ALTERNATIVE ENERGY AND EFFICIENCY 

Sec. 301. State ocean and coastal alternative energy planning. 

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

Sec. 303. Increasing energy efficiencies for water desalination. 

Sec. 304. Establishing a pilot program for the development of strategic solar reserves on Federal lands. 

Sec. 305. OTEC regulations. 

Sec. 306. Biomass utilization pilot program. 

Sec. 307. Programmatic environmental impact statement. 

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. 

Sec. 424. Authorization of appropriations. 

Subtitle C—Sequestration Activities 

Sec. 431. Carbon dioxide storage inventory. 

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

Subtitle D—Natural Resources and Wildlife Programs 

CHAPTER 1—NATURAL RESOURCES MANAGEMENT AND CLIMATE CHANGE

Sec. 441. Interagency Council on Climate Change. 

CHAPTER 2—NATIONAL POLICY AND STRATEGY FOR WILDLIFE

Sec. 451. Short title. 

Sec. 452. National policy on wildlife and global warming. 

Sec. 453. Definitions. 

Sec. 454. National strategy. 

Sec. 455. Advisory board. 

Sec. 456. Authorization of appropriations. 


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CHAPTER 3—STATE AND TRIBAL WILDLIFE GRANTS PROGRAM

Sec. 461. State and Tribal Wildlife Grants Program. 

Subtitle E—Ocean Programs 

Sec. 471. Ocean Policy, Global Warming, and Acidification Program. 

Sec. 472. Planning for climate change in the coastal zone. 

Sec. 473. Enhancing climate change predictions. 

TITLE V—ADDITIONAL PROVISIONS 

Sec. 501. Sharing of penalties. 

Sec. 502. Sharing of fees. 

Sec. 503. Oil shale community impact assistance. 

Sec. 504. Additional notice requirements. 

1 TITLE I—ENERGY POLICY ACT 

2 OF 2005 REFORMS 

3 SEC. 101. FISCALLY RESPONSIBLE ENERGY AMENDMENTS. 

4 (a) REQUIREMENT TO ESTABLISH COST RECOVERY

5 FEE.—Section 365(i) of the Energy Policy Act of 2005 

6 (Public Law 109–58; 42 U.S.C. 15924(i)) is amended to 

7 read as follows: 

8 ‘‘(i) FEE FOR APPLICATIONS FOR PERMITS TO

9 DRILL.— 

10 ‘‘(1) REQUIREMENT TO ESTABLISH COST RECOV11 ERY FEE.—The Secretary of the Interior shall pro12 mulgate regulations to establish a cost recovery fee for 

13 applications for a permit to drill for oil and gas on 

14 Federal lands administered by the Secretary. 

15 ‘‘(2) TEMPORARY FEE.—Until such time as a fee 

16 is established by such regulations, the Secretary shall 

17 charge a cost recovery fee of $1,700 for each such ap18 plication received on or after October 1, 2007.’’. 


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1 (b) REPEAL OF BLM PERMIT PROCESSING IMPROVE2 MENT FUND.— 

3 (1) REPEAL.—Section 35 of the Mineral Leasing 

4 Act (30 U.S.C. 191) is amended by striking subsection 

5 (c). 

6 (2) TREATMENT OF BALANCE.—Any balances re7 maining in the BLM Permit Processing Improvement 

8 Fund on the effective date of this subsection shall be 

9 transferred to the general fund of the Treasury of the 

10 United States. 

11 (3) EFFECTIVE DATE.—This subsection shall take 

12 effect on October 1, 2007. 

13 SEC. 102. EXTENSION OF DEADLINE FOR CONSIDERATION 

14 OF APPLICATIONS FOR PERMITS. 

15 Subsection (p)(2) of section 17 of the Mineral Leasing 

16 Act (30 U.S.C. 226) is amended by striking ‘‘30’’ and in17 serting ‘‘90’’. 

18 SEC. 103. ENERGY RIGHTS-OF-WAY CORRIDORS ON FED19 ERAL LAND. 

20 (a) REPEAL OF REQUIREMENTS TO DESIGNATE EN21 ERGY RIGHTS-OF-WAY CORRIDORS ON FEDERAL LAND.— 

22 Section 368 of the Energy Policy Act of 2005 (Public Law 

23 109–58; 42 U.S.C.15926) is amended— 


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1 (1) in subsection (a), by striking ‘‘Not later than 

2 2 years after the date of enactment of this Act, the’’ 

3 and inserting ‘‘The’’; and 

4 (2) in subsection (b), by striking ‘‘Not later than 

5 4 years after the date of enactment of this Act, the’’ 

6 and inserting ‘‘The’’. 

7 (b) STUDY.— 

8 (1) STUDY.—Not later than 6 months after the 

9 date of enactment of this Act, the Secretary of Agri10 culture, the Secretary of Commerce, the Secretary of 

11 Defense, the Secretary of Energy, and the Secretary 

12 of the Interior (in this subsection referred to collec13 tively as ‘‘the Secretaries’’) shall, in consultation with 

14 affected States, complete a study of— 

15 (A) congestion and constraints in trans16 mission of electricity, carbon dioxide captured 

17 from coal-fired powerplants and coal-to-liquids 

18 plants, liquid fuels derived from coal, oil, gas, 

19 and hydrogen; 

20 (B) barriers to access for transmission from 

21 renewable energy sources, such as large and 

22 small conventional hydropower, wind energy, 

23 and solar energy; and 


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1 (C) the need for energy corridors on public 

2 lands to address identified congestion or con3 straints. 

4 (2) CONSIDERATIONS.—In performing the study, 

5 the Secretaries— 

6 (A) shall take into account the studies of 

7 electrical transmission congestion completed 

8 under section 216(a)(1) of the Federal Power Act 

9 (16 U.S.C. 824(p)(a)(1)), other projects author10 ized or under consideration on public lands and 

11 such projects outside public lands, and alter12 natives, individually and in concert, that could 

13 be implemented to address the needs identified, 

14 including an analysis of demand reduction, 

15 available new technology, and distributed gen16 eration measures that could be taken; 

17 (B) shall not consider as available for des18 ignation as a corridor, any area that is— 

19 (i) within one mile of any place des20 ignated or otherwise identified by State or 

21 Federal law or any applicable Federal or 

22 State land use plan for recognition or pro23 tection of scenic, natural, cultural, or his24 toric resources; or 


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1 (ii) in a sensitive ecological area, in2 cluding any area that is designated as crit3 ical habitat under the Endangered Species 

4 Act of 1973 or otherwise identified as sen5 sitive or crucial habitat, including seasonal 

6 habitat, by the United States Fish and 

7 Wildlife Service, by a State agency respon8 sible for managing wildlife or wildlife habi9 tat, or in a Federal or State land use plan; 

10 (C) identify opportunities to mitigate to the 

11 maximum extent practicable the potential im12 pact of designating energy corridors, and of the 

13 reasonably foreseeable uses of those corridors for 

14 power lines, pipelines, and other transmission 

15 facilities, on natural, scenic, cultural, and his16 toric values and areas referred to in subpara17 graph (B), the protection of which is in the na18 tional interest, including opportunities to mini19 mize the width of corridors, limiting the types 

20 and numbers of uses of corridors, and placement 

21 of facilities underground; and 

22 (D) identify opportunities to improve access 

23 to the national electric power grid for generators 

24 of renewable energy, such as wind, hydropower, 

25 biomass, hydrogen, geothermal, and solar. 


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1 (3) UPDATES.—The Secretaries shall periodi2 cally update the results of the study as they consider 

3 appropriate. 

4 (4) REPORTS.—After considering recommenda5 tions from interested persons (including an oppor6 tunity for comment from the public and affected 

7 States), the Secretaries shall issue— 

8 (A) a report presenting the results of the 

9 study; and 

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

11 under paragraph (3). 

12 (c) DEFERRAL OF DESIGNATION OF ENERGY COR13 RIDORS PENDING COMPLETION OF STUDY.— 

14 (1) LIMITATION ON ACTIONS PENDING COMPLE15 TION OF STUDY.—The Secretaries shall not designate 

16 energy corridors on public lands, including those cor17 ridors under consideration based on section 368 of the 

18 Energy Policy Act of 2005 (Public Law 109–58) as 

19 in effect prior to the enactment of this Act, and shall 

20 not authorize specific rights-of-way or projects in such 

21 corridors, until the study under subsection (b) is com22 pleted. 

23 (2) USE OF STUDY RESULTS FOR ACTIONS AFTER

24 COMPLETION OF STUDY.— 


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1 (A) IN GENERAL.—Subject to subparagraph 

2 (B), after completion of the study under sub3 section (b), the Secretaries shall use the results of 

4 the study to inform subsequent decisions to grant 

5 rights-of-way, including under title V of the Fed6 eral Land Policy and Management Act of 1976 

7 (43 U.S.C. 1761 et seq.), and to amend land use 

8 plans to designate energy corridors or authorize 

9 rights-of-way, in any area for which no such des10 ignation or authorization currently exists. 

11 (B) LIMITATION ON USE.—The results of the 

12 study shall not affect the Secretaries’ obligations 

13 to analyze the environmental consequences of a 

14 designation or authorization referred to in sub15 paragraph (A), or to otherwise comply with ap16 plicable laws. 

17 (d) AUTHORITY TO AUTHORIZE RIGHTS-OF-WAY.— 

18 Nothing in this section shall limit the ability of the Secre19 taries to authorize rights-of-way for energy transmission 

20 projects that are consistent with the governing land use 

21 plan, after completion of environmental analysis and com22 pliance with applicable laws. 

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

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

25 U.S.C. 15927) is amended— 


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

2 180 days after the date of enactment of this Act,’’; 

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

4 and inserting ‘‘may make’’; 

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

6 than 18 months after the date of enactment of this 

7 Act, in’’ and inserting ‘‘In’’; 

8 (4) in subsection (d)(2)— 

9 (A) in the heading by striking ‘‘FINAL’’ and 

10 inserting ‘‘PROPOSED’’; and 

11 (B) in the text by striking ‘‘final’’ and in12 serting ‘‘proposed’’; 

13 (5) in subsection (d)(2), by striking ‘‘6’’ and in14 serting ‘‘12’’; 

15 (6) in subsection (d)(2) by inserting after the pe16 riod ‘‘The proposed regulations developed under this 

17 paragraph are to be open for public comment for no 

18 less than 180 days.’’; 

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

20 as subsections (g) through (u), and by inserting after 

21 subsection (d) the following: 

22 ‘‘(e) OIL SHALE AND TAR SANDS LEASING AND DE23 VELOPMENT STRATEGY.— 

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

25 the completion of the programmatic environmental 


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1 impact statement under subsection (d), the Secretary 

2 shall prepare an oil shale and tar sands leasing and 

3 development strategy, in cooperation with the Sec4 retary of Energy and the Administrator of the Envi5 ronmental Protection Agency. 

6 ‘‘(2) PURPOSE.—The purpose of the strategy de7 veloped under this subsection is to allow for the sus8 tainable and publicly acceptable large-scale develop9 ment of oil shale within the Green River Formation. 

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

11 plans and programs for obtaining information re12 quired for determining the optimal methods, loca13 tions, amount, and timeframe for potential develop14 ment on federal lands within the Green River Forma15 tion. The strategy shall also include plans for con16 ducting critical environmental and ecological re17 search, high-payoff process improvement research, an 

18 assessment of carbon management options, and a 

19 large-scale demonstration of carbon dioxide sequestra20 tion in the general vicinity of the Piceance Basin. 

21 ‘‘(f) ALTERNATIVE APPROACHES.—Not later than nine 

22 months after the completion of the programmatic environ23 mental impact statement under subsection (d), the Sec24 retary shall, in cooperation with the Secretary of Energy 

25 and the Administrator of the Environmental Protection 


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1 Agency, prepare and publish a report on alternative ap2 proaches to providing access to Federal lands for early first3 of-a-kind commercial facilities for extracting and proc4 essing oil shale and tar sands.’’; 

5 (8) in subsection (g), as so redesignated, by strik6 ing ‘‘of the final regulation required by subsection 

7 (d)’’ and inserting ‘‘of final regulations issued under 

8 this section’’; 

9 (9) in subsection (g), as so redesignated, by add10 ing at the end the following: ‘‘Compliance with the 

11 National Environmental Policy Act of 1969 is re12 quired on a site-by-site basis for all lands proposed to 

13 be leased under the commercial leasing program es14 tablished in this subsection.’’; and 

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

16 by striking ‘‘subsection (e)’’ and inserting ‘‘subsection 

17 (g)’’. 

18 SEC. 105. LIMITATION OF REBUTTABLE PRESUMPTION RE19 GARDING APPLICATION OF CATEGORICAL EX20 CLUSION UNDER NEPA FOR OIL AND GAS EX21 PLORATION AND DEVELOPMENT ACTIVITIES. 

22 Section 390 of the Energy Policy Act of 2005 (Public 

23 Law 109–58; 42 U.S.C. 15942) is amended— 

24 (1) in subsection (b)(3), by inserting ‘‘, other 

25 than at such a location or site in an area that is cruVerDate Aug 31 2005 03:18 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H2337.RH H2337

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1 cial wildlife habitat or a significant wildlife corridor’’ 

2 after ‘‘activity’’ ; and 

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

4 ‘‘(c) ADHERENCE TO CEQ REGULATIONS.—In admin5 istering this section, the Secretary of the Interior in man6 aging the public lands, and the Secretary of Agriculture in 

7 managing National Forest System lands, shall adhere to the 

8 regulations issued by the Council on Environmental Qual9 ity relating to categorical exclusions (40 C.F.R. 1507.3 and 

10 1508.4), as in effect on the date of enactment of this Act.’’. 

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 Bureau 

14 of Land Management, shall amend the best management 

15 practices guidelines for oil and gas development on Federal 

16 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, except in the case of an emergency; and 

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

21 to adopt best management practices that minimize 

22 adverse impacts to wildlife habitat, by providing ex23 pedited permit review for any operator that commits 

24 to adhering to those practices without seeking waiver 

25 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 PERI5 ODS AND INFORMATION REQUIREMENTS.—Section 319(b) of 

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

7 1465(b)) is amended— 

8 (1) in paragraph (1), by striking ‘‘160-day’’ and 

9 inserting ‘‘320-day’’; 

10 (2) in paragraph (3)(A)— 

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

12 ‘‘320-day’’; and 

13 (B) by amending clause (ii) to read as fol14 lows: 

15 ‘‘(ii) as the Secretary determines nec16 essary to receive, on an expedited basis, any 

17 supplemental or clarifying information rel18 evant to the consolidated record compiled by 

19 the lead Federal permitting agency to com20 plete a consistency review under this title.’’; 

21 and 

22 (3) in paragraph (3)(B)— 

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

24 ‘‘320-day’’; and 

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

26 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 PETRO14 LEUM 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 Re18 serve 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 fis23 cal 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 AU5 DITS.—The Secretary of the Interior shall ensure that by 

6 fiscal year 2009 the Minerals Management Service shall 

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

8 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 regu16 lations 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 person 

26 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, or 

5 permit under such a law; 

6 ‘‘(B) fail or refuse to make any royalty payment 

7 in the amount or value required by any mineral leas8 ing law or any regulation, order, or lease under such 

9 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 pay, 

24 plus interest on that trebled amount measured from 

25 the first date the royalty payment was due; and 


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1 ‘‘(B) in the case of any violation, for a civil pen2 alty of up to $25,000 per violation for each day the 

3 violation continues. 

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

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

6 within 30 days of the violation— 

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

8 representative designated by the Secretary; and 

9 ‘‘(B) corrects the violation. 

10 ‘‘(b) LEASE ADMINISTRATION VIOLATIONS.—Any per11 son who— 

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

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

14 section 102(a); or 

15 ‘‘(B) any other assignment of obligations or 

16 responsibilities of the person under a lease; 

17 ‘‘(2) fails or refuses to permit— 

18 ‘‘(A) lawful entry; 

19 ‘‘(B) inspection, including any inspection 

20 authorized by section 108; or 

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

22 to promptly tender requested documents; 

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

24 102(b)(3) (relating to notification regarding begin25 ning or resumption of production); or 


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

2 operations or financial records necessary for the Sec3 retary or any authorized designee of the Secretary to 

4 accomplish lease management responsibilities, 

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

6 for each day such violation continues. 

7 ‘‘(c) THEFT.—Any person who— 

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

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

10 lease site without having valid legal authority to do 

11 so; or 

12 ‘‘(2) purchases, accepts, sells, transports, or con13 veys to another, any oil or gas knowing or having 

14 reason to know that such oil or gas was stolen or un15 lawfully removed or diverted, 

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

17 for each day such violation continues without correction. 

18 ‘‘(d) REPEATED VIOLATIONS.—(1)(A) If the Secretary 

19 or an authorized designee of the Secretary determines that 

20 any person has repeatedly violated subsection (a), (b), or 

21 (c), the Secretary or designee shall notify the person of the 

22 violation and demand compliance. 

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

24 shall correct the violations by not later than 30 calendar 

25 days after the date of the notification. 


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

2 under subparagraph (A) shall be liable to the United States 

3 for a civil penalty equal to 3 times the amount of any civil 

4 penalty that otherwise applies under subsection (a), (b), or 

5 (c) to the violations to which the demand relates. 

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

7 (1)(C), if the Secretary determines that any person has re8 peatedly violated subsection (a), (b), or (c) or any lease 

9 management order, the Secretary may— 

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

11 gas lease held by the person; 

12 ‘‘(B) prohibit the person— 

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

14 gas lease, including by transfer or assignment; 

15 and 

16 ‘‘(ii) from being designated under section 

17 102(a) to make payments due under any lease; 

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

19 gas lease held by the person; and 

20 ‘‘(D) collect from the person reimbursement, in21 cluding interest, of all costs of release, transfer, or rec22 lamation of lease sites canceled or transferred, includ23 ing costs of disposing of lease property, facilities, and 

24 equipment. 


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1 ‘‘(e) ADMINISTRATIVE APPEAL.—(1) Any determina2 tion by the Secretary or a designee of the Secretary of the 

3 amount of any royalties or civil penalties owed under sub4 section (a), (b), (c), or (d) shall be final, unless within 15 

5 days after notification by the Secretary or designee the per6 son liable for such amount files an administrative appeal 

7 in accordance with regulations issued by the Secretary. 

8 ‘‘(2) If a person files an administrative appeal pursu9 ant to paragraph (1), the Secretary or designee shall make 

10 a final determination in accordance with the regulations 

11 referred to in paragraph (1). 

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

13 this section, as finally determined may be deducted from 

14 any sums owing by the United States to the person charged. 

15 ‘‘(g) COMPROMISE AND REDUCTION.—On a case-by16 case basis the Secretary may compromise or reduce civil 

17 penalties under this section. 

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

19 be by personal service by an authorized representative of 

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

21 the manner prescribed by the Secretary, designate a rep22 resentative to receive any notice under this subsection. 

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

24 the amount of such penalty, or whether it should be remitted 


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1 or reduced, and in what amount, the Secretary shall state 

2 on the record the reasons for his determinations. 

3 ‘‘(j) JUDICIAL REVIEW.—Any person who has re4 quested a hearing in accordance with subsection (e) within 

5 the time the Secretary has prescribed for such a hearing 

6 and who is aggrieved by a final order of the Secretary under 

7 this section may seek review of such order in the United 

8 States district court for the judicial district in which the 

9 violation allegedly took place. Review by the district court 

10 shall be only on the administrative record and not de novo. 

11 Such an action shall be barred unless filed within 90 days 

12 after the Secretary’s final order. 

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

14 assessment of a civil penalty under this Act— 

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

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

17 a petition for judicial review of the order in accord18 ance with subsection (j), or 

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

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

21 of the Secretary, 

22 the court shall have jurisdiction to award the amount as23 sessed plus interest from the date of the expiration of the 

24 90-day period referred to in subsection (j). Judgment by 

25 the court shall include an order to pay. 


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

2 person shall be liable for a civil penalty under subsection 

3 (a) or (b) for failure to pay any rental for any lease auto4 matically terminated pursuant to section 31 of the Mineral 

5 Leasing Act. 

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

7 Any determination by the Secretary or a designee of the 

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

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

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

11 the later of— 

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

13 violation and certifies that all violations of a like na14 ture have been corrected for all of the oil and gas 

15 leases held or operated by such person; or 

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

17 been issued by the Secretary or a court of competent 

18 jurisdiction. 

19 ‘‘(2) A person determined by the Secretary or a des20 ignee of the Secretary to have violated subsection (a), (b)(2), 

21 or (b)(4) shall maintain all records with respect to the per22 son’s oil and gas leases until the later of— 

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

24 from the obligation to maintain such records; and 


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

2 the records must be maintained under section 103(b). 

3 ‘‘(n) STATE SHARING OF PENALTIES.—Amounts re4 ceived by the United States in an action brought under sec5 tion 3730 of title 31, United States Code, that arises from 

6 any underpayment of royalties owed to the United States 

7 under any lease shall be treated as royalties paid to the 

8 United States under that lease for purposes of the mineral 

9 leasing laws and the Land and Water Conservation Fund 

10 Act of 1965 (16 U.S.C. 460l–4 et seq.).’’. 

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

12 Federal Oil and Gas Royalty Management Act of 1982 (30 

13 U.S.C. 1736) is amended— 

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

15 per centum of any’’; and 

16 (2) by striking the second sentence. 

17 Subtitle B—Amendments to Federal 

18 Oil and Gas Royalty Manage19 ment Act of 1982 

20 SEC. 211. AMENDMENTS TO DEFINITIONS. 

21 Section 3 of the Federal Oil and Gas Royalty Manage22 ment Act of 1982 (30 U.S.C. 1702) is amended— 

23 (1) in paragraph (20)(A), by striking ‘‘: Pro24 vided, That’’ and all that follows through ‘‘subject of 

25 the judicial proceeding’’; 


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

2 written notice to the lessee who designated the des3 ignee)’’; 

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

5 written notice to the lessee who designated the des6 ignee)’’; 

7 (4) by amending paragraph (24) to read as fol8 lows: 

9 ‘‘(24) ‘designee’ means any person who pays, off10 sets, or credits monies, makes adjustments, requests 

11 and receives refunds, or submits reports with respect 

12 to payments a lessee must make pursuant to section 

13 102(a);’’; 

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

15 to the provisions of section 102(a) of this Act)’’; and 

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

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

18 SEC. 212. INTEREST. 

19 (a) ESTIMATED PAYMENTS; INTEREST ON AMOUNT OF

20 UNDERPAYMENT.—Section 111(j) of the Federal Oil and 

21 Gas Royalty Management Act of 1982 (30 U.S.C. 1721(j)) 

22 is amended by striking ‘‘If the estimated payment exceeds 

23 the actual royalties due, interest is owed on the overpay24 ment.’’. 


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

2 and Gas Royalty Management Act of 1982 (30 U.S.C. 1721) 

3 is amended by striking subsections (h) and (i). 

4 (c) EFFECTIVE DATE.—The amendments made by this 

5 section shall be effective one year after the date of enactment 

6 of this Act. 

7 SEC. 213. OBLIGATION PERIOD. 

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

9 Management Act of 1982 (30 U.S.C. 1724(c)) is amended 

10 by adding at the end the following: 

11 ‘‘(3) ADJUSTMENTS.—In the case of an adjust12 ment under section 111A(a) (30 U.S.C. 1721a(a)) in 

13 which a recoupment by the lessee results in an under14 payment of an obligation, for purposes of this Act the 

15 obligation becomes due on the date the lessee or its 

16 designee makes the adjustment.’’. 

17 SEC. 214. TOLLING AGREEMENTS AND SUBPOENAS. 

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

19 Federal Oil and Gas Royalty Management Act of 1982 (30 

20 U.S.C. 1724(d)(1)) is amended by striking ‘‘(with notice to 

21 the lessee who designated the designee)’’. 

22 (b) SUBPOENAS.—Section 115(d)(2)(A) of the Federal 

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

24 1724(d)(2)(A)) is amended by striking ‘‘(with notice to the 


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1 lessee who designated the designee, which notice shall not 

2 constitute a subpoena to the lessee)’’. 

3 SEC. 215. LIABILITY FOR ROYALTY PAYMENTS. 

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

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

6 to read as follows: 

7 ‘‘(a) In order to increase receipts and achieve effective 

8 collections of royalty and other payments, a lessee who is 

9 required to make any royalty or other payment under a 

10 lease or under the mineral leasing laws, shall make such 

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

12 the Secretary or the applicable delegated State. Any person 

13 who pays, offsets or credits monies, makes adjustments, re14 quests and receives refunds, or submits reports with respect 

15 to payments the lessee must make is the lessee’s designee 

16 under this Act. Notwithstanding any other provision of this 

17 Act to the contrary, a designee shall be liable for any pay18 ment obligation of any lessee on whose behalf the designee 

19 pays royalty under the lease. The person owning operating 

20 rights in a lease and a person owning legal record title in 

21 a lease shall be liable for that person’s pro rata share of 

22 payment obligations under the lease.’’. 


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1 Subtitle C—Public Interest in the 

2 Federal Energy Program 

3 SEC. 221. SURFACE OWNER PROTECTION. 

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

5 (1) the term ‘‘Secretary’’ means the Secretary of 

6 the Interior; 

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

8 Secretary under the Mineral Leasing Act (30 U.S.C. 

9 181 et seq.); 

10 (3) the term ‘‘lessee’’ means the holder of a lease; 

11 and 

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

13 is responsible under the terms and conditions of a 

14 lease for the operations conducted on leased lands or 

15 any portion thereof. 

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

17 (1) IN GENERAL.—Except as provided in sub18 section (c), the Secretary may not authorize any oper19 ator to conduct exploration and drilling operations on 

20 lands with respect to which title to oil and gas re21 sources is held by the United States but title to the 

22 surface estate is not held by the United States, until 

23 the operator has filed with the Secretary a document, 

24 signed by the operator and the surface owner or own25 ers, showing that the operator has secured a written 


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1 surface use agreement between the operator and the 

2 surface owner or owners that meets the requirements 

3 of paragraph (2). 

4 (2) CONTENTS.—The surface use agreement shall 

5 provide for— 

6 (A) the use of only such portion of the sur7 face estate as is reasonably necessary for explo8 ration and drilling operations based on site-spe9 cific conditions; 

10 (B) the accommodation of the surface estate 

11 owner to the maximum extent practicable, in12 cluding the location, use, timing, and type of ex13 ploration and drilling operations, consistent 

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

15 gas estate; 

16 (C) the reclamation of the site to a condi17 tion capable of supporting the uses which such 

18 lands were capable of supporting prior to explo19 ration and drilling operations or other uses as 

20 agreed to by the operator and the surface owner; 

21 and 

22 (D) compensation for damages as a result of 

23 exploration and drilling operations, including 

24 but not limited to— 


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1 (i) loss of income and increased costs 

2 incurred; 

3 (ii) damage to or destruction of per4 sonal property, including crops, forage, and 

5 livestock; and 

6 (iii) failure to reclaim the site in ac7 cordance with this subparagraph (C). 

8 (3) PROCEDURE.— 

9 (A) IN GENERAL.—An operator shall notify 

10 the surface estate owner or owners of the opera11 tor’s desire to conclude an agreement under this 

12 section. If the surface estate owner and the oper13 ator do not reach an agreement within 90 days 

14 after the operator has provided such notice, the 

15 matter shall be referred to third party arbitra16 tion for resolution within a period of 90 days. 

17 The cost of such arbitration shall be the responsi18 bility of the operator. 

19 (B) IDENTIFICATION OF ARBITERS.—The 

20 Secretary shall identify persons with experience 

21 in conducting arbitrations and shall make this 

22 information available to operators and surface 

23 owners. 

24 (C) REFERRAL TO IDENTIFIED ARBITER.— 

25 Referral of a matter for arbitration by a person 


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1 identified by the Secretary pursuant to subpara2 graph (B) shall be sufficient to constitute compli3 ance with subparagraph (A). 

4 (4) ATTORNEYS FEES.—If action is taken to en5 force or interpret any of the terms and conditions 

6 contained in a surface use agreement, the prevailing 

7 party shall be reimbursed by the other party for rea8 sonable attorneys fees and actual costs incurred, in 

9 addition to any other relief which a court or arbitra10 tion panel may grant. 

11 (c) AUTHORIZED EXPLORATION AND DRILLING OPER12 ATIONS.— 

13 (1) AUTHORIZATION WITHOUT SURFACE USE

14 AGREEMENT.—The Secretary may authorize an oper15 ator to conduct exploration and drilling operations on 

16 lands covered by subsection (b) in the absence of an 

17 agreement with the surface estate owner or owners, 

18 if— 

19 (A) the Secretary makes a determination in 

20 writing that the operator made a good faith at21 tempt to conclude such an agreement, including 

22 referral of the matter to arbitration pursuant to 

23 subsection (b)(3), but that no agreement was con24 cluded within 90 days after the referral to arbi25 tration; 


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1 (B) the operator submits a plan of oper2 ations that provides for the matters specified in 

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

4 other applicable requirements of Federal and 

5 State law; and 

6 (C) the operator posts a bond or other fi7 nancial assurance in an amount the Secretary 

8 determines to be adequate to ensure compensa9 tion to the surface estate owner for any damages 

10 to the site, in the form of a surety bond, trust 

11 fund, letter of credit, government security, cer12 tificate of deposit, cash, or equivalent. 

13 (2) SURFACE OWNER PARTICIPATION.—The Sec14 retary shall provide surface estate owners with an op15 portunity to— 

16 (A) comment on plans of operations in ad17 vance of a determination of compliance with this 

18 section; 

19 (B) participate in bond level determinations 

20 and bond release proceedings under this sub21 section; 

22 (C) attend an on-site inspection during 

23 such determinations and proceedings; 

24 (D) file written objections to a proposed 

25 bond release; and 


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

2 inspection when they have reason to believe there 

3 is a violation of the terms and conditions of a 

4 plan of operations. 

5 (3) PAYMENT OF FINANCIAL GUARANTEE.—A 

6 surface estate owner with respect to any land subject 

7 to a lease may petition the Secretary for payment of 

8 all or any portion of a bond or other financial assur9 ance required under this subsection as compensation 

10 for any damages as a result of exploration and drill11 ing operations. Pursuant to such a petition, the Sec12 retary may use such bond or other guarantee to pro13 vide compensation to the surface estate owner for such 

14 damages. 

15 (4) BOND RELEASE.—Upon request and after in16 spection and opportunity for surface estate owner re17 view, the Secretary may release the financial assur18 ance required under this subsection if the Secretary 

19 determines that exploration and drilling operations 

20 have ended and all damages have been fully com21 pensated. 

22 (d) SURFACE OWNER NOTIFICATION.—The Secretary 

23 shall— 

24 (1) notify surface estate owners in writing at 

25 least 45 days in advance of lease sales; 


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

2 issued, notify surface estate owners regarding the 

3 identity of the lessee; 

4 (3) notify surface estate owners in writing with5 in 10 working days concerning any subsequent deci6 sions regarding a lease, such as modifying or waiving 

7 stipulations and approving rights-of-way; and 

8 (4) notify surface estate owners within five busi9 ness days after issuance of a drilling permit under a 

10 lease. 

11 (e) REGULATIONS.—The Secretary shall issue regula12 tions implementing this section by not later than 1 year 

13 after the date of the enactment of this Act. 

14 SEC. 222. ONSHORE OIL AND GAS RECLAMATION AND 

15 BONDING. 

16 Section 17 of the Mineral Leasing Act (30 U.S.C. 226) 

17 is amended by adding at the end the following: 

18 ‘‘(q) RECLAMATION REQUIREMENTS.—An operator 

19 producing oil or gas (including coalbed methane) under a 

20 lease issued pursuant to this Act shall— 

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

22 a condition capable of supporting the uses that it was 

23 capable of supporting prior to any drilling, or higher 

24 or better uses of which there is reasonable likelihood, 

25 so long as such use or uses do not present any actual 


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1 or probable hazard to public health or safety or pose 

2 any actual or probable threat of water diminution or 

3 pollution, and the permit applicants’ declared pro4 posed land use following reclamation is not imprac5 tical or unreasonable, inconsistent with applicable 

6 land use policies and plans, or involve unreasonable 

7 delay in implementation, or is violative of Federal or 

8 State law; 

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

10 in an environmentally sound manner and as contem11 poraneously as practicable with the oil and gas drill12 ing operations; and 

13 ‘‘(3) submit with the plan of operations a rec14 lamation plan that describes in detail the methods 

15 and practices that will be used to ensure complete and 

16 timely restoration of all lands affected by oil and gas 

17 operations. 

18 ‘‘(r) RECLAMATION BOND OR OTHER FINANCIAL AS19 SURANCES.—An operator producing oil or gas (including 

20 coalbed methane) under a lease issued under this Act shall 

21 post a bond or other financial assurances that cover the rec22 lamation of that area of land within the permit area upon 

23 which the operator will initiate and conduct oil and gas 

24 drilling and reclamation operations within the initial term 

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1 ing and reclamation operations are to be initiated and con2 ducted within the permit area, the lessee shall file with the 

3 regulatory authority an additional bond or bonds or other 

4 financial assurances to cover such increments in accordance 

5 with this section. The amount of the bond or other financial 

6 assurances required for each bonded area shall depend upon 

7 the reclamation requirements of the approved permit; shall 

8 reflect the probable difficulty of reclamation giving consid9 eration to such factors as topography, geology of the site, 

10 hydrology, and revegetation potential; and shall be deter11 mined by the Secretary. The amount of the bond or other 

12 financial assurances shall be sufficient to assure the comple13 tion of the reclamation plan if the work had to be performed 

14 by the Secretary in the event of forfeiture. 

15 ‘‘(s) REGULATIONS.—No later than one year after the 

16 date of the enactment of this subsection, the Secretary shall 

17 promulgate regulations to implement the requirements, in18 cluding for the release of bonds or other financial assur19 ances, of subsections (q) and (r).’’. 

20 SEC. 223. PROTECTION OF WATER RESOURCES. 

21 (a) MINERAL LEASING ACT REQUIREMENTS.—Section 

22 17 of the Mineral Leasing Act (30 U.S.C. 226) is further 

23 amended by adding at the end the following: 

24 ‘‘(t) WATER REQUIREMENTS.— 


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

2 gas (including coalbed methane) under a lease issued 

3 under this Act shall— 

4 ‘‘(A) remediate or replace the water supply 

5 of a water user who obtains all or part of such 

6 user’s supply of water for domestic, agricultural, 

7 or other purposes from an underground or sur8 face source that has been affected by contamina9 tion, diminution, or interruption proximately 

10 resulting from drilling operations for such pro11 duction; and 

12 ‘‘(B) comply with all applicable require13 ments of Federal and State law for discharge of 

14 any water produced under the lease. 

15 ‘‘(2) WATER MANAGEMENT PLAN.—An applica16 tion for a permit to drill submitted pursuant to a 

17 lease issued under this Act shall be accompanied by 

18 a proposed water management plan including provi19 sions 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 such 

25 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 under 

3 the lease, including the discharge of any water 

4 produced in connection with such operations that 

5 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, modifying, 

16 or amending any of the interstate compacts or equi17 table apportionment decrees that apportion water 

18 among and between States. 

19 (c) REGULATIONS.—No later than one year after the 

20 date of the enactment of this Act, the Secretary of the Inte21 rior shall promulgate regulations to implement this section. 

22 SEC. 224. DUE DILIGENCE FEE. 

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

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

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1 eral onshore lands that are subject to a lease for production 

2 of oil, natural gas, or coal under which production is not 

3 occurring. Such fee shall apply with respect to lands that 

4 are subject to such a lease that is in effect on the date final 

5 regulations are promulgated under this subsection or that 

6 is issued thereafter. 

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

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

9 that year. 

10 (c) ASSESSMENT AND COLLECTION.—The Secretary 

11 shall assess and collect the fee established under this section. 

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

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

14 section shall be available to the Secretary of the Interior 

15 for use to repair damage to Federal lands and resources 

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

17 the documents submitted by the President with the budget 

18 submission for fiscal year 2008 relating to the Healthy 

19 Lands Initiative. Amounts received by the United States 

20 as fees under this section shall be treated as offsetting re21 ceipts. Amounts received by the United States in the form 

22 of the fee established under this section from nonproducing 

23 coal leases shall also be available to the Secretary of the 

24 Interior for any coal-to-liquids programs or pilot projects 

25 funded in whole or in part by the Federal Government. 


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1 Subtitle D—Wind Energy 

2 SEC. 231. WIND TURBINE GUIDELINES ADVISORY COM3 MITTEE. 

4 (a) IN GENERAL.—The Secretary of the Interior, with5 in 30 days after the date of enactment of this Act, shall 

6 convene or utilize an existing Wind Turbine Guidelines Ad7 visory Committee to study and make recommendations to 

8 the Secretary on guidance for avoiding or minimizing im9 pacts to wildlife and their habitats related to land-based 

10 wind energy facilities. The matters assessed by the Com11 mittee shall include the following: 

12 (1) The Service Interim Guidance on Avoiding 

13 and Minimizing Wildlife Impacts from Wind Tur14 bines of 2003. 

15 (2) Balancing potential impacts to wildlife with 

16 requirements for acquiring the information necessary 

17 to assess those impacts prior to selecting sites and de18 signing facilities. 

19 (3) The scientific tools and procedures best able 

20 to assess pre-development risk or benefits provided to 

21 wildlife, measure post-development mortality, assess 

22 behavioral modification, and provide compensatory 

23 mitigation for unavoidable impacts. 

24 (4) A process for coordinating State, tribal, 

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1 pacts to wildlife from wind energy consistent with 

2 State and Federal laws and international treaties. 

3 (5) Determination of project size thresholds or 

4 impacts below which guidelines may not apply. 

5 (6) Appropriate timetables for phasing-in guid6 ance. 

7 (7) Current State actions to avoid and minimize 

8 wildlife impacts from wind turbines in consultation 

9 with State wildlife agencies. 

10 (b) COMMITTEE OPERATIONS.—The Wind Turbine 

11 Guidelines Advisory Committee shall conduct its activities 

12 in accordance with the Federal Advisory Committee Act (5 

13 U.S.C. App.). The Secretary is authorized to provide such 

14 technical analyses and support as is requested by such advi15 sory committee. 

16 (c) COMMITTEE MEMBERSHIP.—The membership of 

17 the Wind Turbine Guidelines Advisory Committee shall not 

18 exceed 20 members, and shall be appointed by the Secretary 

19 of the Interior to achieve balanced representation of wind 

20 energy development, wildlife conservation, and government. 

21 The members shall include representatives from the United 

22 States Fish and Wildlife Service and other Federal agencies, 

23 and representatives from other interested persons, including 

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1 governmental conservation organizations, and local regu2 latory or licensing commissions. 

3 (d) REPORT.—The Wind Turbine Advisory Committee 

4 shall, within 18 months after the date of enactment of this 

5 Act, submit a report to Congress and the Secretary pro6 viding recommended guidance for developing effective meas7 ures to protect wildlife resources and enhance potential ben8 efits to wildlife that may be identified. 

9 (e) ISSUANCE OF GUIDANCE.—Not later than 6 months 

10 after receiving the report of the Wind Turbine Guidelines 

11 Advisory Committee under subsection (d), the Secretary 

12 shall following public notice and comment issue final guid13 ance to avoid and minimize impacts to wildlife and their 

14 habitats related to land-based wind energy facilities. Such 

15 guidance shall be based upon the findings and recommenda16 tions made in the report. 

17 SEC. 232. AUTHORIZATION OF APPROPRIATIONS FOR RE18 SEARCH TO STUDY WIND ENERGY IMPACTS 

19 ON WILDLIFE. 

20 There is authorized to be appropriated to the Secretary 

21 of the Interior $2,000,000 for each of fiscal years 2008 

22 through 2015 for new and ongoing research efforts to evalu23 ate methods for minimizing wildlife impacts at wind en24 ergy projects and to explore effective mitigation methods 

25 that may be utilized for that purpose. 


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1 SEC. 233. ENFORCEMENT. 

2 The Secretary shall enforce the Endangered Species 

3 Act of 1973, the Migratory Bird Treaty Act, the Bald Eagle 

4 Protection Act, the Golden Eagle Protection Act, the Marine 

5 Mammal Protection Act of 1973, the National Environ6 mental Policy Act of 1969, and any other relevant Federal 

7 law to address adverse wildlife impacts related to wind 

8 projects. Nothing in this section preempts State enforcement 

9 of applicable State laws. 

10 SEC. 234. SAVINGS CLAUSE. 

11 Nothing in this subtitle preempts any provision of 

12 State law or regulation relating to the siting of wind 

13 projects or to consideration or review of any environmental 

14 impacts of wind projects. 

15 Subtitle E—Enhancing Energy 

16 Transmission 

17 SEC. 241. POWER MARKETING ADMINISTRATIONS REPORT. 

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

19 through the Administrators of the Bonneville and Western 

20 Area Power Marketing Administrations and in coordina21 tion with regional transmission entities, shall conduct, or 

22 participate with such regional transmission entities to con23 duct, an analysis of the existing capacity of transmission 

24 systems serving the States of California, Oregon, and Wash25 ington to determine whether the existing capacity is ade26 quate to accommodate and integrate development and comVerDate Aug 31 2005 03:18 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\H2337.RH H2337

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1 mercial operation of ocean wave, tidal, and current energy 

2 projects in State and Federal marine waters adjacent to 

3 those States. 

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

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

6 provide to the Natural Resources Committee of the House 

7 of Representatives and the Energy and Natural Resources 

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

9 date of enactment of this Act, a report identifying changes 

10 required, if any, in the capacity of existing transmission 

11 systems serving the States referred to in subsection (a) in 

12 order to reliably and efficiently accommodate and integrate 

13 generation from commercial ocean wave, tidal, and current 

14 energy projects in aggregate, escalating amounts equal to 

15 2.5, 5, and 10 percent of the current electrical energy con16 sumption in those States. 

17 (c) LIMITATION ON IMPLEMENTATION OF CHANGES.— 

18 The Secretary of Energy shall not implement any changes 

19 identified in the report under subsection (b) until the Sec20 retary determines that transmission capacity backlogs asso21 ciated with other renewable energies and existing at the 

22 time the report is issued have been accommodated and inte23 grated within transmission systems serving the States of 

24 California, Oregon, and Washington. 


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1 (d) ACTIVITIES NONREIMBURSABLE.—Activities car2 ried out under subsection (a) or (b) shall be nonreimburs3 able. 

4 (e) EXISTING PROCEDURES AND QUEUING NOT AF5 FECTED.—Nothing in this section supercedes existing proce6 dures and queuing pursuant to the appropriate Open Access 

7 Transmission Tariffs filed by the Administrators of the 

8 Bonneville and Western Area Power Administrations. 

9 TITLE III—ALTERNATIVE 

10 ENERGY AND EFFICIENCY 

11 SEC. 301. STATE OCEAN AND COASTAL ALTERNATIVE EN12 ERGY PLANNING. 

13 (a) IN GENERAL.—The Coastal Zone Management Act 

14 of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting 

15 after section 306A the following: 

16 ‘‘OCEAN AND COASTAL ALTERNATIVE ENERGY STATE SUR17 VEYS; ALTERNATIVE ENERGY SITE IDENTIFICATION

18 AND PLANNING

19 ‘‘SEC. 306B. (a) GRANTS TO STATES.—The Secretary 

20 may make grants to eligible coastal States to support vol21 untary State efforts to initiate and complete surveys of por22 tions of coastal State waters and Federal waters adjacent 

23 to a State’s coastal zone, in consultation with the Minerals 

24 Management Service, to identify potential areas suitable or 

25 unsuitable for the exploration, development, and production 

26 of alternative energy that are consistent with the enforceable 


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1 policies of coastal management plans approved pursuant to 

2 section 306A. 

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

4 grants under this section may include, but not be limited 

5 to— 

6 ‘‘(1) hydrographic and bathymetric surveys; 

7 ‘‘(2) oceanographic observations and measure8 ments of the physical ocean environment, especially 

9 seismically active areas; 

10 ‘‘(3) identification and characterization of sig11 nificant or sensitive marine ecosystems or other areas 

12 possessing important conservation, recreational, eco13 logical, historic, or aesthetic values; 

14 ‘‘(4) surveys of existing marine uses in the outer 

15 Continental Shelf and identification of potential con16 flicts; 

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

18 and infrastructure capable of supporting alternative 

19 energy development; 

20 ‘‘(6) inventories and surveys of offshore locations 

21 and infrastructure capable of supporting alternative 

22 energy development; and 

23 ‘‘(7) other actions as may be necessary. 

24 ‘‘(c) PARTICIPATION AND COOPERATION.—To the ex25 tent practicable, coastal States shall provide opportunity 


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1 for the participation in surveys under this section by rel2 evant Federal agencies, State agencies, local governments, 

3 regional organizations, port authorities, and other inter4 ested parties and stakeholders, public and private, that is 

5 adequate to develop a comprehensive survey. 

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

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

8 consultation with the coastal States, publish guidelines for 

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

10 ‘‘(e) ANNUAL GRANTS.—For each of fiscal years 2008 

11 through 2011, the Secretary may make a grant to a coastal 

12 State under this section if the coastal State demonstrates 

13 to the satisfaction of the Secretary that the grant will be 

14 used to develop an alternative energy survey consistent with 

15 the requirements set forth in section 306A and this section. 

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

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

18 year. 

19 ‘‘(g) STATE MATCH.— 

20 ‘‘(1) BEFORE FISCAL YEAR 2010.—The Secretary 

21 shall not require any State matching fund contribu22 tion for grants awarded under this section for any 

23 fiscal year before fiscal year 2010. 

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

25 shall require a coastal State to provide a matching 


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1 fund contribution for a grant under this section for 

2 surveys of a State’s coastal waters, according to— 

3 ‘‘(A) a 2-to-1 ratio of Federal-to-State con4 tributions for fiscal year 2010; and 

5 ‘‘(B) a 1-to-1 ratio of Federal-to-State con6 tributions for fiscal year 2011. 

7 ‘‘(3) LIMITATION.—The Secretary shall not re8 quire any matching funds for surveys of Federal wa9 ters adjacent to a State’s coastal zone. 

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

11 made to a coastal State under this section, no subsequent 

12 grant may be made to that coastal State under this section 

13 unless the Secretary finds that the coastal State is satisfac14 torily developing its survey. 

15 ‘‘(i) LIMITATION ON ELIGIBILITY.—No coastal State is 

16 eligible to receive grants under this section for more than 

17 4 fiscal years. 

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

19 conducted with assistance under this section shall not be 

20 construed to convey any new authority to any coastal State, 

21 or repeal or supersede any existing authority of any Federal 

22 agency, to regulate the siting, licensing, leasing, or permit23 ting of alternative energy facilities in areas of the outer 

24 Continental Shelf under the administration of the Federal 

25 Government. Nothing in this section repeals or supersedes 


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1 any existing coastal State authority pursuant to State or 

2 Federal law. 

3 ‘‘(k) PRIORITY.—Any area that is identified as suit4 able for potential alternative energy development under sur5 veys developed with assistance under this section shall be 

6 given priority consideration by Federal agencies for the 

7 siting, licensing, leasing, or permitting of alternative en8 ergy facilities. Any area that is identified as unsuitable 

9 under surveys developed with assistance under this section 

10 shall be avoided by Federal agencies to the maximum extent 

11 practicable. 

12 ‘‘(l) ASSISTANCE BY THE SECRETARY.—The Secretary 

13 shall— 

14 ‘‘(1) under section 307(a) and to the extent prac15 ticable, make available to coastal States the resources 

16 and capabilities of the National Oceanic and Atmos17 pheric Administration to provide technical assistance 

18 to the coastal States to develop surveys under this sec19 tion; and 

20 ‘‘(2) encourage other Federal agencies with rel21 evant expertise to participate in providing technical 

22 assistance under this subsection.’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 318(a) of the Coastal Zone Management Act of 1972 (16 

25 U.S.C. 1464) is amended— 


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

2 the semicolon; 

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

4 the end and inserting a semicolon; and 

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

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

7 are necessary; and’’. 

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

9 RECLAMATION PROJECTS. 

10 (a) EVALUATION AND REPORT.—Not later than one 

11 year after the date of the enactment of this Act, the Sec12 retary of the Interior shall complete an evaluation and re13 port to Congress on the potential for developing rights-of14 way along Bureau of Reclamation canals and infrastruc15 ture for solar or wind energy production through leasing 

16 of lands or other means. The report to Congress shall speci17 fy— 

18 (1) location of potential rights-of-way for energy 

19 production; 

20 (2) total acreage available for energy production; 

21 (3) existing transmission infrastructure at sites; 

22 (4) estimates of fair market leasing value of po23 tential energy sites; and 

24 (5) estimate energy development potential at 

25 sites. 


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1 (b) CONSULTATION.—In carrying out this section the 

2 Secretary of the Interior shall consult with persons that 

3 would be affected by development of rights-of-ways referred 

4 to in subsection (a), including the beneficiaries of the canal 

5 and infrastructure evaluated under that subsection. 

6 (c) LIMITATIONS.—Nothing in this section— 

7 (1) shall be construed to authorize the Bureau of 

8 Reclamation or any contractor hired by the Bureau 

9 of Reclamation to inventory or access rights-of-way 

10 owned or operated and maintained by non-Federal 

11 interests, unless such interests provide written permis12 sion for such inventory or an agreement or contract 

13 governing Federal access is in effect; 

14 (2) shall be construed to impede accessibility, 

15 impair project operations and maintenance, or create 

16 additional costs for entities managing the rights-of17 way; or 

18 (3) shall be used as the basis of an increase in 

19 project-use power or preference power costs that will 

20 be borne by the consumer. 

21 SEC. 303. INCREASING ENERGY EFFICIENCIES FOR WATER 

22 DESALINATION. 

23 The Water Desalination Act of 1996 (42 U.S.C. 10301 

24 note; Public Law 104–298) is amended by adding at the 

25 end the following new section: 


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

2 FOR WATER DESALINATION AND WATER RE3 CYCLING. 

4 ‘‘(a) RESEARCH PROGRAM.—The Secretary of the Inte5 rior, in consultation with the Secretary of Energy, shall 

6 implement a program to research methods for improving 

7 the energy efficiency of reverse osmosis technology for water 

8 desalination, water contamination, and water recycling. 

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

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

11 shall submit to Congress a report which shall include— 

12 ‘‘(1) a review of existing and emerging tech13 nologies, both domestic and international, that are 

14 likely to improve energy efficiency or utilize renew15 able energy sources at existing and future desalina16 tion and recycling facilities; and 

17 ‘‘(2) an analysis of the economic viability of en18 ergy efficiency technologies.’’. 

19 SEC. 304. ESTABLISHING A PILOT PROGRAM FOR THE DE20 VELOPMENT OF STRATEGIC SOLAR RESERVES 

21 ON FEDERAL LANDS. 

22 (a) PURPOSE.—The purpose of this section is to estab23 lish a pilot program for the development of strategic solar 

24 reserve on Federal lands for the advancement, development, 

25 assessment, and installation of commercial concentrating 

26 solar power energy systems. 


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1 (b) STRATEGIC SOLAR RESERVE PROGRAM.— 

2 (1) SITE SELECTION.—The Secretary of the Inte3 rior, in consultation with the Secretary of Energy, the 

4 Secretary of Defense, and the Federal Energy Regu5 latory Commission, States, tribal, or local units of 

6 governments, as appropriate, affected utility indus7 tries, and other interested persons, shall complete the 

8 following: 

9 (A) Identify Federal lands under the juris10 diction of the Bureau of Land Management, sub11 ject to valid existing rights, that are suitable and 

12 feasible for the installation of concentrating solar 

13 power energy systems sufficient to create a solar 

14 energy reserve of no less than 4 GW and no more 

15 than 25 GW. 

16 (B) Perform any environmental reviews 

17 that may be required to complete the designation 

18 of such solar reserves. 

19 (C) Incorporate the designated solar reserves 

20 into the relevant agency land use and resource 

21 management plans or equivalent plans. 

22 (D) Identify the needed transmission up23 grades to the solar reserves. 

24 (2) MINIMUM POWER OF SITES.—Each site iden25 tified as suitable and feasible for the installation of 


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1 concentrating solar power systems shall be sufficient 

2 for the installation of at least 1 GW. 

3 (3) LANDS NOT INCLUDED.—The following Fed4 eral lands shall not be included within a strategic 

5 solar reserve site: 

6 (A) Components of the National Landscape 

7 Conservation System. 

8 (B) Areas of Critical Environmental Con9 cern. 

10 (4) IMPLEMENTATION OF THE STRATEGIC SOLAR

11 RESERVE LEASING PROGRAM.— 

12 (A) IN GENERAL.—The Secretary of the In13 terior, in consultation with the Secretary of En14 ergy and following the completion of the require15 ments under paragraph (1)(B), shall expedi16 tiously implement a strategic solar reserve leas17 ing program in order to lease lands identified 

18 under paragraph (1)(A) to produce no less than 

19 4 GW and no more than 25 GW of concentrating 

20 solar power from those lands. 

21 (B) CRITERIA FOR APPLICATIONS.—The 

22 Secretary of the Interior, in consultation with 

23 the Secretary of Energy, shall establish criteria 

24 for approving applications to lease lands under 

25 this paragraph based, in part, on the proposed 


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1 concentrating solar power technologies proposed 

2 to be used under such leases. 

3 (C) VARIETY OF TECHNOLOGIES.—The Sec4 retary of the Interior, in consultation with the 

5 Secretary of Energy, shall provide for a variety 

6 of concentrating solar power technologies to be 

7 used under leases under this paragraph. 

8 (D) MILESTONES.—The Secretary of the In9 terior, in consultation with the Secretary of En10 ergy, shall develop milestones for activities under 

11 leases under this subsection to ensure due dili12 gence in the development of lands under such 

13 leases. 

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 Land 

18 Policy and Management Act of 1976 for each strategic 

19 solar reserve, as expeditiously as possible. The appli20 cant shall pay all costs of environmental compliance, 

21 including when a determination is made that the 

22 land is not suitable and feasible for such installation 

23 or the bid is withdrawn following the initiation of 

24 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 and 

8 the Interior for concentrating solar power on Federal 

9 lands. 

10 (7) RENTAL FEES; LEASE TERM.—The rental fee 

11 for each strategic solar reserve right-of-way authoriza12 tion under this subsection shall be established at $300 

13 per acre during the 10-year period beginning on the 

14 date of the enactment of this Act. Rental fees after 

15 such period shall be established by regulations pro16 mulgated by the Secretary of the Interior and shall be 

17 adjusted by the Secretary each 5 years thereafter. The 

18 rental fee shall be paid in annual payments com19 mencing on the day of operation. During the develop20 ment and construction phase of a project, the rental 

21 fee shall be waived. The leases shall be for a term of 

22 30 years. The rental fees established in this section 

23 shall apply to all concentrating solar power projects 

24 that have pending applications with the Bureau of 

25 Land Management as of June 1, 2007. 


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

2 the Interior, in consultation with the Secretary of En3 ergy, shall submit a report to Congress on the find4 ings of the pilot project— 

5 (A) not later than 3 years after the installa6 tion of the first facility pursuant to this section; 

7 and 

8 (B) 10 years after the installation of the 

9 first facility pursuant to this section. 

10 (c) BUY AMERICAN ACT.—Beginning 3 years after the 

11 date of enactment of this Act, any equipment used on lands 

12 included within a strategic solar reserve site must be Amer13 ican-made, as that term is used in the Buy American Act 

14 (41 U.S.C. 10a et seq.). 

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

16 provision of law, the prevailing wage requirements of sub17 chapter IV of chapter 31 of title 40, United State Code, 

18 shall apply to any labor funded under this Act. 

19 (e) SUNSET.—Except as provided in subsection (b)(7), 

20 the authorities contained in this section shall expire 10 

21 years after the date of the enactment of this Act. 

22 SEC. 305. OTEC REGULATIONS. 

23 The Administrator of the National Oceanic and At24 mospheric Administration shall, within two years after the 

25 date of enactment of this Act, issue regulations necessary 


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1 to implement the Administrator’s authority to license off2 shore thermal energy conversion facilities under the Ocean 

3 Thermal Energy Conversion Research, Development, and 

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

5 SEC. 306. BIOMASS UTILIZATION PILOT PROGRAM. 

6 (a) REPLACEMENT OF CURRENT GRANT PROGRAM.— 

7 Section 210 of the Energy Policy Act of 2005 (42 U.S.C. 

8 15855) is amended to read as follows: 

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

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

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

12 production is directly linked to forest management 

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

14 other types of energy development. 

15 ‘‘(2) As a consequence of this linkage, the process 

16 of developing and evaluating appropriate technologies 

17 and facilities for woody biomass energy and utiliza18 tion must be integrated with long-term forest manage19 ment planning processes, particularly in situations 

20 where Federal lands dominate the forested landscape. 

21 ‘‘(b) BIOMASS DEFINITION FOR FEDERAL FOREST

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

23 removed from National Forest System lands or from public 

24 lands administered by the Secretary of the Interior, the 

25 term ‘biomass’ covers only organic material from— 


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1 ‘‘(1) ecological forest restoration; 

2 ‘‘(2) small-diameter byproducts of hazardous 

3 fuels treatments; 

4 ‘‘(3) pre-commercial thinnings; 

5 ‘‘(4) brush; 

6 ‘‘(5) mill residues; and 

7 ‘‘(6) slash. 

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

9 and the Secretary of the Interior shall establish a pilot pro10 gram, to be known as the ‘Biomass Utilization Pilot Pro11 gram’, involving 10 different forest types on Federal lands, 

12 under which the Secretary concerned will provide technical 

13 assistance and grants to persons to support the following 

14 biomass-related activities: 

15 ‘‘(1) The development of biomass utilization in16 frastructure to support hazardous fuel reduction and 

17 ecological forest restoration. 

18 ‘‘(2) The research and implementation of inte19 grated facilities that seek to utilize woody biomass for 

20 its highest and best uses, with particular emphasis on 

21 projects that are linked to implementing community 

22 wildfire protection plans, ecological forest restoration, 

23 and economic development in rural communities. 

24 ‘‘(3) The testing of multiple technologies and ap25 proaches to biomass utilization for energy, with emVerDate Aug 31 2005 03:18 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6203 E:\BILLS\H2337.RH H2337

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1 phasis on improving energy efficiency, developing 

2 thermal applications and distributed heat, biofuels, 

3 and achieving cleaner emissions including through 

4 combustion with other fuels, as well as other value5 added uses. 

6 ‘‘(d) BIOMASS SUPPLY STUDY.—Prior to the develop7 ment of any biomass utilization pilot projects, the Secretary 

8 concerned shall develop a study to determine the long-term, 

9 ecologically sustainable, biomass supply available in the 

10 pilot program area. The study shall incorporate results 

11 form coordinated resource offering protocol (CROP) studies. 

12 The study shall also analyze the long-term availability of 

13 biomass materials within a reasonable transportation dis14 tance. The biomass supply studies shall be developed 

15 through a collaborative approach, as evidenced by the broad 

16 involvement, analysis, and agreement of interested persons, 

17 including local governments, energy developers, conserva18 tionists, and land management agencies. The results of the 

19 biomass supply study shall be a basis for determining the 

20 project scale, as outlined in subsection (g). 

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

22 following Federal lands may not be included within a pilot 

23 project site: 

24 ‘‘(1) Federal land containing old-growth forest or 

25 late-successional forest, unless the Secretary concerned 


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1 determines that the pilot project on such land is ap2 propriate for the applicable forest type and maxi3 mizes and enhances the retention of late-successional 

4 and large- and old-growth trees, late-successional and 

5 old-growth forest structure, and late-successional and 

6 old-growth forest composition. 

7 ‘‘(2) Federal land on which the removal of vege8 tation is prohibited, including components of the Na9 tional Wilderness Preservation System. 

10 ‘‘(3) Wilderness Study Areas. 

11 ‘‘(4) Inventoried roadless areas. 

12 ‘‘(5) Components of the National Landscape 

13 Conservation System. 

14 ‘‘(6) National Monuments. 

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

16 program, the Secretary concerned shall include a variety 

17 of projects involving— 

18 ‘‘(1) innovations in facilities of various sizes and 

19 processing techniques; and 

20 ‘‘(2) the full spectrum of woody biomass pro21 ducing regions of the United States. 

22 ‘‘(g) SELECTION CRITERIA AND PROJECT SCALE.—In 

23 selecting the projects to be conducted under the pilot pro24 gram, and the appropriate scale of projects, the Secretary 

25 concerned shall consider criteria that evaluate existing ecoVerDate Aug 31 2005 03:18 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6203 E:\BILLS\H2337.RH H2337

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1 nomic, ecological, and social conditions, focusing on oppor2 tunities such as workforce training, job creation, ecosystem 

3 health, reducing energy costs, and facilitating the produc4 tion of alternative energy fuels. The agreement on the scale 

5 of a project shall be reached through a collaborative ap6 proach, as evidenced by the broad involvement, analysis, 

7 and agreement of interested persons, including local govern8 ments, energy developers, conservationists, and land man9 agement agencies. In selecting the appropriate scale of 

10 projects to be conducted under the pilot program, the Sec11 retary concerned shall also consider the results of the supply 

12 study as outlined in subsection (d). 

13 ‘‘(h) MONITORING AND REPORTING REQUIREMENTS.— 

14 As part of the pilot program, the Secretary concerned shall 

15 impose monitoring and reporting requirements to ensure 

16 that the ecological, social, and economic effects of the 

17 projects conducted under the pilot program are being mon18 itored and that the accomplishments, challenges, and lessons 

19 of each project are recorded and reported. 

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

21 ‘‘(1) HIGHEST AND BEST USE.—The term ‘high22 est and best use’, with regard to biomass, means— 

23 ‘‘(A) creating from raw materials those 

24 products and those biomass uses that will achieve 

25 the highest market value; and 


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

2 innovative products and biomass uses that create 

3 new markets, stimulate existing ones, and im4 prove rural economies, maintains or improves 

5 ecosystem integrity, while also supporting tradi6 tional biomass energy generation. 

7 ‘‘(2) PILOT PROGRAM.—The term ‘pilot program’ 

8 means the Biomass Utilization Pilot Program estab9 lished pursuant to this section. 

10 ‘‘(3) SECRETARY CONCERNED.—The term ‘Sec11 retary concerned’ means the Secretary of Agriculture, 

12 with respect to National Forest System lands, and the 

13 Secretary of the Interior, with respect to public lands 

14 administered by the Secretary of the Interior. 

15 ‘‘(4) COMMUNITY WILDFIRE PROTECTION PLAN.— 

16 The term ‘community wildfire protection plan’ has 

17 the meaning given that term in section 101(3) of the 

18 Healthy Forest Restoration Act of 2003 (16 U.S.C. 

19 6511(3)), which is further described by the Western 

20 Governors Association in the document entitled ‘Pre21 paring a Community Wildfire Protection Plan: A 

22 Handbook for Wildland-Interface Communities’ and 

23 dated March 2004. 

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

25 means— 


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1 ‘‘(A) land of the National Forest System (as 

2 defined in section 11(a) of the Forest and Range3 land Renewable Resources Planning Act of 1974 

4 (16 U.S.C. 1609(a)) administered by the Sec5 retary of Agriculture, acting through the Chief of 

6 the Forest Service; and 

7 ‘‘(B) public lands (as defined in section 103 

8 of the Federal Land Policy and Management Act 

9 of 1976 (43 U.S.C. 1702)), the surface of which 

10 is administered by the Secretary of the Interior, 

11 acting through the Director of the Bureau of 

12 Land Management. 

13 ‘‘(6) INVENTORIED ROADLESS AREA.—The term 

14 ‘Inventoried roadless area’ means one of the areas 

15 identified in the set of inventoried roadless areas 

16 maps contained in the Forest Service Roadless Areas 

17 Conservation, Final Environmental Impact State18 ment, Volume 2, dated November 2000. 

19 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated such sums as may be nec21 essary to carry out the pilot program.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents in 

23 section 1(b) of such Act is amended by striking the item 

24 relating to section 210 and inserting the following new 

25 item: 

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


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1 SEC. 307. PROGRAMMATIC ENVIRONMENTAL IMPACT 

2 STATEMENT. 

3 The Secretary of Commerce and the Secretary of the 

4 Interior shall, in cooperation with the Federal Energy Reg5 ulatory Commission and the Secretary of Energy, and in 

6 consultation with appropriate State agencies, jointly pre7 pare programmatic environmental impact statements 

8 which contain all the elements of an environmental impact 

9 statement under section 102 of the National Environmental 

10 Policy Act of 1969 (42 U.S.C. 4332), regarding the impacts 

11 of the deployment of marine and hydrokinetic renewable en12 ergy technologies in the navigable waters of the United 

13 States. One programmatic environmental impact statement 

14 shall be prepared under this section for each of the Environ15 mental Protection Agency regions of the United States. The 

16 agencies shall issue the programmatic environmental im17 pact statements under this section not later than 18 months 

18 after the date of enactment of this Act. The programmatic 

19 environmental impact statements shall evaluate among 

20 other things the potential impacts of site selection on fish 

21 and wildlife and related habitat. Nothing in this section 

22 shall operate to delay consideration of any application for 

23 a license or permit for a marine and hydrokinetic renewable 

24 energy technology project. 


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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 carbon 

13 dioxide completed under subsection (f). 

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

15 portion of a storage formation that can retain carbon 

16 dioxide in accordance with the requirements (includ17 ing physical, geological, and economic requirements) 

18 established under the methodology developed under 

19 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 storage. 

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

24 posed by geomechanical, geochemical, hydrogeological, 

25 structural, and engineered hazards. 


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

2 the Secretary of the Interior, acting through the Di3 rector of the United States Geological Survey. 

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

5 formation’’ means a deep saline formation, 

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

7 capable of accommodating a volume of industrial car8 bon dioxide. 

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

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

11 a methodology for conducting an assessment under sub12 section (f), taking into consideration— 

13 (1) the geographical extent of all potential stor14 age formations in all States; 

15 (2) the capacity of the potential storage forma16 tions; 

17 (3) the injectivity of the potential storage forma18 tions; 

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

20 gas recoverable by injection and storage of industrial 

21 carbon dioxide in potential storage formations; 

22 (5) the risk associated with the potential storage 

23 formations; and 


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1 (6) the Carbon Sequestration Atlas of the United 

2 States and Canada that was completed by the De3 partment of Energy in April 2006. 

4 (c) COORDINATION.— 

5 (1) FEDERAL COORDINATION.— 

6 (A) CONSULTATION.—The Secretary shall 

7 consult with the Secretary of Energy and the Ad8 ministrator of the Environmental Protection 

9 Agency on issues of data sharing, format, devel10 opment of the methodology, and content of the 

11 assessment required under this section to ensure 

12 the maximum usefulness and success of the as13 sessment. 

14 (B) COOPERATION.—The Secretary of En15 ergy and the Administrator shall cooperate with 

16 the Secretary to ensure, to the maximum extent 

17 practicable, the usefulness and success of the as18 sessment. 

19 (2) STATE COORDINATION.—The Secretary shall 

20 consult with State geological surveys and other rel21 evant entities to ensure, to the maximum extent prac22 ticable, the usefulness and success of the assessment. 

23 (d) EXTERNAL REVIEW AND PUBLICATION.—On com24 pletion of the methodology under subsection (b), the Sec25 retary shall— 


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1 (1) publish the methodology and solicit comments 

2 from the public and the heads of affected Federal and 

3 State agencies; 

4 (2) establish a panel of individuals with exper5 tise in the matters described in paragraphs (1) 

6 through (5) of subsection (b) composed, as appro7 priate, of representatives of Federal agencies, institu8 tions of higher education, nongovernmental organiza9 tions, State organizations, industry, and inter10 national geoscience organizations to review the meth11 odology and comments received under paragraph (1); 

12 and 

13 (3) on completion of the review under paragraph 

14 (2), publish in the Federal Register the revised final 

15 methodology. 

16 (e) PERIODIC UPDATES.—The methodology developed 

17 under this section shall be updated periodically (including 

18 at least once every 5 years) to incorporate new data as the 

19 data becomes available. 

20 (f) NATIONAL ASSESSMENT.— 

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

22 the date of publication of the methodology under sub23 section (d)(1), the Secretary, in consultation with the 

24 Secretary of Energy and State geological surveys, 


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1 shall complete a national assessment of capacity for 

2 carbon dioxide in accordance with the methodology. 

3 (2) GEOLOGICAL VERIFICATION.—As part of the 

4 assessment under this subsection, the Secretary shall 

5 carry out a drilling program to supplement the geo6 logical data relevant to determining storage capacity 

7 of carbon dioxide in geological storage formations, in8 cluding— 

9 (A) well log data; 

10 (B) core data; and 

11 (C) fluid sample data. 

12 (3) PARTNERSHIP WITH OTHER DRILLING PRO13 GRAMS.—As part of the drilling program under para14 graph (2), the Secretary shall enter, as appropriate, 

15 into partnerships with other entities to collect and in16 tegrate data from other drilling programs relevant to 

17 the storage of carbon dioxide in geologic formations. 

18 (4) INCORPORATION INTO NATCARB.— 

19 (A) IN GENERAL.—On completion of the as20 sessment, the Secretary of Energy shall incor21 porate the results of the assessment using the 

22 NatCarb database, to the maximum extent prac23 ticable. 

24 (B) RANKING.—The database shall include 

25 the data necessary to rank potential storage sites 


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1 for capacity and risk, across the United States, 

2 within each State, by formation, and within 

3 each basin. 

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

5 date on which the assessment is completed, the Sec6 retary shall submit to the Committee on Natural Re7 sources of the House of Representatives and the Com8 mittee on Energy and Natural Resources of the Sen9 ate a report describing the findings under the assess10 ment. 

11 (6) PERIODIC UPDATES.—The national assess12 ment developed under this section shall be updated pe13 riodically (including at least once every 5 years) to 

14 support public and private sector decisionmaking. 

15 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $30,000,000 for the period of fiscal years 2008 through 

18 2012. 

19 Subtitle B—Terrestrial 

20 Sequestration Assessment 

21 SEC. 421. REQUIREMENT TO CONDUCT AN ASSESSMENT. 

22 (a) IN GENERAL.—The Secretary of the Interior, act23 ing through the United States Geological Survey, shall— 


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1 (1) conduct an assessment of the amount of car2 bon stored in terrestrial, aquatic, and coastal eco3 systems (including estuaries); 

4 (2) determine the processes that control the flux 

5 of carbon in and out of each ecosystem; 

6 (3) estimate the potential for increasing carbon 

7 sequestration in natural systems through management 

8 measures or restoration activities in each ecosystem; 

9 and 

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

11 strategies that can be employed to enhance the seques12 tration of carbon in each ecosystem. 

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

14 management measures, restoration activities, or adaptation 

15 strategies, the Secretary shall emphasize the use of native 

16 plant species for each ecosystem. 

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

18 methodology and conduct the assessment in consultation 

19 with the Secretary of Energy, the Administrator of the Na20 tional Oceanic and Atmospheric Administration, and the 

21 heads of other relevant agencies. 

22 SEC. 422. METHODOLOGY. 

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

24 enactment of this Act, the Secretary shall develop a method25 ology for conducting the assessment. 


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1 (b) PUBLICATION OF PROPOSED METHODOLOGY; COM2 MENT.—Upon completion of a proposed methodology, the 

3 Secretary shall publish the proposed methodology and so4 licit comments from the public and heads of affected Federal 

5 and State agencies for 60 days before publishing a final 

6 methodology. 

7 SEC. 423. COMPLETION OF ASSESSMENT AND REPORT. 

8 The Secretary shall— 

9 (1) complete the national assessment within 2 

10 years after publication of the final methodology under 

11 section 422; and 

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

13 assessment to the House Committee on Natural Re14 sources and the Senate Committee on Energy and 

15 Natural Resources within 180 days after the assess16 ment is completed. 

17 SEC. 424. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated to carry out 

19 this subtitle $15,000,000 for the period of fiscal years 2008 

20 through 2012. 

21 Subtitle C—Sequestration Activities 

22 SEC. 431. CARBON DIOXIDE STORAGE INVENTORY. 

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

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


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

2 following: 

3 ‘‘(d) RECORDS AND INVENTORY.—The Secretary of the 

4 Interior, acting through the Bureau of Land Management, 

5 shall maintain records on and an inventory of the amount 

6 of carbon dioxide stored from Federal energy leases.’’. 

7 SEC. 432. FRAMEWORK FOR GEOLOGICAL CARBON SEQUES8 TRATION ON FEDERAL LANDS. 

9 Not later than 1 year after the date of enactment of 

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

11 Committee on Natural Resources of the House of Represent12 atives and the Committee on Energy and Natural Resources 

13 of the Senate a report on a recommended regulatory and 

14 certification framework for conducting geological carbon se15 questration activities on Federal lands. The Secretary shall 

16 identify a lead agency within the Department of the Inte17 rior to develop this framework. One of the goals of the 

18 framework shall be to identify what actions need to be taken 

19 in order to allow for commercial-scale geological carbon se20 questration activities to be undertaken on Federal lands as 

21 expeditiously as possible. 


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1 Subtitle D—Natural Resources and 

2 Wildlife Programs 

3 CHAPTER 1—NATURAL RESOURCES 

4 MANAGEMENT AND CLIMATE CHANGE 

5 SEC. 441. INTERAGENCY COUNCIL ON CLIMATE CHANGE. 

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

7 shall establish an Interagency Council on Climate Change 

8 to address the impacts of climate change on Federal lands, 

9 the ocean environment, and the Federal water infrastruc10 ture. The panel shall include the head of each of the fol11 lowing agencies: 

12 (1) The Bureau of Land Management. 

13 (2) The National Park Service. 

14 (3) United States Geological Survey. 

15 (4) The United States Fish and Wildlife Service. 

16 (5) The Forest Service. 

17 (6) The National Oceanic and Atmospheric Ad18 ministration. 

19 (7) The Bureau of Reclamation. 

20 (8) The Council on Environmental Quality. 

21 (9) The Minerals Management Service. 

22 (10) The Office of Surface Mining Reclamation 

23 and Enforcement. 

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

25 the enactment of this Act, the Secretary of the Interior shall 


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1 submit a plan to Congress describing what the agencies list2 ed in subsection (a) shall do both individually and coopera3 tively to accomplish the following: 

4 (1) Working in cooperation with the United 

5 States Geological Survey, develop an interagency in6 ventory and Geographic Information System database 

7 of United States ecosystems, water supplies, and 

8 water infrastructure vulnerable to climate change. 

9 (2) Manage land, water, and ocean resources in 

10 a manner that takes into account projected climate 

11 change impacts, including but not limited to, pro12 longed periods of drought, changing hydrology, and in 

13 the case of oceans, increasing ocean acidification. 

14 (3) Develop consistent protocols to incorporate 

15 climate change impacts in land and water manage16 ment decisions across land and water resources under 

17 the jurisdiction of those agencies listed in subsection 

18 (a). 

19 (4) Incorporate the most current, peer-reviewed 

20 science on climate change and the economic, social, 

21 and ecological impacts of climate change into the de22 cision making process of those agencies listed in sub23 section (a). 


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1 CHAPTER 2—NATIONAL POLICY AND 

2 STRATEGY FOR WILDLIFE 

3 SEC. 451. SHORT TITLE. 

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

5 Wildlife Survival Act’’. 

6 SEC. 452. NATIONAL POLICY ON WILDLIFE AND GLOBAL 

7 WARMING. 

8 It is the policy of the Federal Government, in coopera9 tion with State, tribal, and affected local governments, other 

10 concerned public and private organizations, landowners, 

11 and citizens to use all practicable means and measures— 

12 (1) to assist wildlife populations and their habi13 tats in adapting to and surviving the effects of global 

14 warming; and 

15 (2) to ensure the persistence and resilience of the 

16 wildlife of the United States, together with its habitat, 

17 as an essential part of our Nation’s culture, land18 scape, and natural resources. 

19 SEC. 453. DEFINITIONS. 

20 In this chapter: 

21 (1) ECOLOGICAL PROCESSES.—The term ‘‘eco22 logical processes’’ means the biological, chemical, and 

23 physical interactions between the biotic and abiotic 

24 components of ecosystems, including nutrient cycling, 

25 pollination, predator-prey relationships, soil formaVerDate Aug 31 2005 03:18 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 E:\BILLS\H2337.RH H2337

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1 tion, gene flow, hydrologic cycling, decomposition, 

2 and disturbance regimes such as fire and flooding. 

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

4 linkages’’ means areas that connect wildlife habitat or 

5 potential wildlife habitat, and that facilitate the abil6 ity of wildlife to move within a landscape in response 

7 to the effects of global warming. 

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

9 the Secretary of the Interior. 

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

11 (A) any species of wild, free-ranging fauna, 

12 including fish and other aquatic species; and 

13 (B) any fauna in a captive breeding pro14 gram the object of which is to reintroduce indi15 viduals of a depleted indigenous species into pre16 viously occupied range. 

17 (5) HABITAT.—The term ‘‘habitat’’ means the 

18 physical, chemical, and biological properties that are 

19 used by wildlife for growth, reproduction, and sur20 vival, including aquatic and terrestrial plant commu21 nities, food, water, cover, and space, on a tract of 

22 land, in a body of water, or in an area or region. 

23 SEC. 454. NATIONAL STRATEGY. 

24 (a) REQUIREMENT.— 


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

2 two years after the date of the enactment of this Act, 

3 on the basis of the best available science as provided 

4 by the science advisory board under section 455, pro5 mulgate a national strategy for assisting wildlife pop6 ulations and their habitats in adapting to the im7 pacts of global warming. 

8 (2) CONSULTATION AND COMMENT.—In devel9 oping the national strategy, the Secretary shall— 

10 (A) consult with the Secretary of Agri11 culture, the Secretary of Commerce, the Adminis12 trator of the Environmental Protection Agency, 

13 State fish and wildlife agencies, Indian tribes, 

14 local governments, conservation organizations, 

15 scientists, and other interested stakeholders; and 

16 (B) provide opportunity for public com17 ment. 

18 (b) CONTENTS.— 

19 (1) IN GENERAL.—The Secretary shall include in 

20 the national strategy prioritized goals and measures 

21 to— 

22 (A) identify and monitor wildlife popu23 lations, including game species, likely to be ad24 versely affected by global warming, with parVerDate Aug 31 2005 03:18 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\H2337.RH H2337

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1 ticular emphasis on wildlife populations at 

2 greatest need for conservation; 

3 (B) identify and monitor coastal, marine, 

4 terrestrial, and freshwater habitat at greatest 

5 risk of being damaged by global warming; 

6 (C) assist species in adapting to the im7 pacts of global warming; 

8 (D) protect, acquire, and restore wildlife 

9 habitat to build resilience to global warming; 

10 (E) provide habitat linkages and corridors 

11 to facilitate wildlife movements in response to 

12 global warming; 

13 (F) restore and protect ecological processes 

14 that sustain wildlife populations vulnerable to 

15 global warming; and 

16 (G) incorporate consideration of climate 

17 change in, and integrate climate change adapta18 tion strategies for wildlife and its habitat into, 

19 the planning and management of Federal lands 

20 administered by the Department of the Interior 

21 and lands administered by the Forest Service. 

22 (2) COORDINATION WITH OTHER PLANS.—In de23 veloping the national strategy, the Secretary shall to 

24 the maximum extent practicable— 


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1 (A) take into consideration research and in2 formation in State comprehensive wildlife con3 servation plans, the North American Waterfowl 

4 Management Plan, the National Fish Habitat 

5 Action Plan, and other relevant wildlife con6 servation plans; and 

7 (B) coordinate and integrate, to the extent 

8 consistent with the policy set forth in section 

9 452, the goals and measures identified in the na10 tional strategy with goals and measures identi11 fied in such plans. 

12 (c) REVISION.—The Secretary shall revise the national 

13 strategy not later than five years after its initial promulga14 tion, and not later than every ten years thereafter, to reflect 

15 new information on the impacts of global warming on wild16 life and its habitat and advances in the development of 

17 strategies for adapting to or mitigating for such impacts. 

18 (d) IMPLEMENTATION.— 

19 (1) IMPLEMENTATION ON FEDERAL LAND SYS20 TEMS.—To achieve the goals of the national strategy 

21 and to implement measures for the conservation of 

22 wildlife and its habitat identified in the national 

23 strategy— 

24 (A) the Secretary of the Interior shall exer25 cise the authority of such Secretary under this 


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1 Act and other laws within the Secretary’s juris2 diction pertaining to the administration of 

3 lands; and 

4 (B) the Secretary of Agriculture shall exer5 cise the authority of such Secretary under this 

6 Act and other laws within the Secretary’s juris7 diction pertaining to the administration of 

8 lands. 

9 (2) WILDLIFE CONSERVATION PROGRAMS.—Con10 sistent with their authorities under other laws, the 

11 Secretary, the Secretary of Agriculture, and the Sec12 retary of Commerce shall administer wildlife con13 servation programs authorized under other laws to 

14 achieve the goals of the national strategy and to im15 plement measures for the conservation of wildlife and 

16 its habitat identified in the national strategy. 

17 SEC. 455. ADVISORY BOARD. 

18 (a) SCIENCE ADVISORY BOARD.— 

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

20 and appoint the members of a science advisory board 

21 comprised of not less than 10 and not more than 20 

22 members recommended by the President of the Na23 tional Academy of Sciences with expertise in wildlife 

24 biology, ecology, climate change and other relevant 

25 disciplines. The director of the National Global 


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1 Warming and Wildlife Science Center established 

2 under subsection (b) shall be an ex officio member of 

3 the science advisory board. 

4 (2) FUNCTIONS.—The science advisory board 

5 shall— 

6 (A) provide scientific and technical advice 

7 and recommendations to the Secretary on the 

8 impacts of global warming on wildlife and its 

9 habitat, areas of habitat of particular impor10 tance for the conservation of wildlife populations 

11 affected by global warming, and strategies and 

12 mechanisms to assist wildlife populations and 

13 their habitats in adapting to the impacts of glob14 al warming in the management of Federal lands 

15 and in other Federal programs for wildlife con16 servation; 

17 (B) advise the National Global Warming 

18 and Wildlife Science Center established under 

19 subsection (b) and review the quality of the re20 search programs of the Center; and 

21 (C) advise the Secretary regarding the best 

22 science available for purposes of section 

23 454(a)(1). 


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1 (3) PUBLIC AVAILABILITY.—The advice and rec2 ommendations of the science advisory board shall be 

3 available to the public. 

4 (b) NATIONAL GLOBAL WARMING AND WILDLIFE

5 SCIENCE CENTER.— 

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

7 the National Global Warming and Wildlife Science 

8 Center within the United States Geological Survey. 

9 (2) FUNCTIONS.—The National Global Warming 

10 and Wildlife Science Center shall— 

11 (A) conduct scientific research on national 

12 issues related to the impacts of global warming 

13 on wildlife and its habitat and mechanisms for 

14 adaptation to, mitigation of, or prevention of 

15 such impacts; 

16 (B) consult with and advise Federal land 

17 management agencies and Federal wildlife agen18 cies regarding the impacts of global warming on 

19 wildlife and its habitat and mechanisms for ad20 aptation to or mitigation of such impacts, and 

21 the incorporation of information regarding such 

22 impacts and the adoption of mechanisms for ad23 aptation or mitigation of such impacts in the 

24 management and planning for Federal lands 


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1 and in the administration of Federal wildlife 

2 programs; and 

3 (C) consult with State and local agencies, 

4 universities, and other public and private enti5 ties regarding their research, monitoring, and 

6 other efforts to address the impacts of global 

7 warming on wildlife and its habitat. 

8 (3) INTEGRATION WITH OTHER FEDERAL ACTIVI9 TIES.—The Secretary, the Secretary of Agriculture, 

10 and the Secretary of Commerce shall ensure that ac11 tivities carried out pursuant to this section are inte12 grated with climate change program activities carried 

13 out pursuant to other Federal law. 

14 (c) DETECTION OF CHANGES.—The Secretary, the Sec15 retary of Agriculture, and the Secretary of Commerce shall 

16 each exercise authorities under other laws to carry out pro17 grams to detect changes in wildlife abundance, distribution, 

18 and behavior related to global warming, including— 

19 (1) conducting species inventories on Federal 

20 lands and in marine areas within the exclusive eco21 nomic zone of the United States; and 

22 (2) establishing and implementing robust, co23 ordinated monitoring programs. 


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1 SEC. 456. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IMPLEMENTATION OF NATIONAL STRATEGY.—Of 

3 the amounts appropriated to carry out this chapter for each 

4 fiscal year— 

5 (1) 45 percent are authorized to be made avail6 able to Federal agencies to develop and implement the 

7 national strategy promulgated under section 454 in 

8 the administration of the Federal land systems, of 

9 which— 

10 (A) 35 percent shall be allocated to the De11 partment of the Interior to— 

12 (i) operate the National Global Warm13 ing and Wildlife Science Center established 

14 under section 455; and 

15 (ii) carry out the policy set forth in 

16 section 452 and implement the national 

17 strategy in the administration of the Na18 tional Park System the National Wildlife 

19 Refuge System, and on the Bureau of Land 

20 Management’s public lands; and 

21 (B) 10 percent shall be allocated to the De22 partment of Agriculture to carry out the policy 

23 set forth in section 452 and implement the na24 tional strategy in the administration of the Na25 tional Forest System; 


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1 (2) 25 percent are authorized to be made avail2 able to Federal agencies to carry out the policy set 

3 forth in section 452 and to implement the national 

4 strategy through fish and wildlife programs, other 

5 than for the operation and maintenance of Federal 

6 lands, of which— 

7 (A) 10 percent shall be allocated to the De8 partment of the Interior to fund endangered spe9 cies, migratory bird, and other fish and wildlife 

10 programs administered by the United States 

11 Fish and Wildlife Service, other than operations 

12 and maintenance of the national wildlife refuges; 

13 and 

14 (B) 15 percent shall be allocated to the De15 partment of the Interior for implementation of 

16 cooperative grant programs benefitting wildlife 

17 including the Cooperative Endangered Species 

18 Fund, Private Stewardship Grants, the North 

19 American Wetlands Conservation Act, the 

20 Neotropical Migratory Bird Conservation Fund, 

21 and the National Fish Habitat Action Plan, and 

22 used for activities that assist wildlife and its 

23 habitat in adapting to the impacts of global 

24 warming; 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 author4 ized under section 461, to— 

5 (A) carry out activities that assist wildlife 

6 and its habitat in adapting to the impacts of 

7 global warming in accordance with State com8 prehensive wildlife conservation plans developed 

9 and approved under that program; and 

10 (B) revise or supplement existing State 

11 comprehensive wildlife conservation plans as nec12 essary to include specific strategies for assisting 

13 wildlife and its habitat in adapting to the im14 pacts of global warming. 

15 (b) AVAILABILITY.— 

16 (1) IN GENERAL.—Funding is authorized to be 

17 made available to States and Indian tribes pursuant 

18 to this section subject to paragraphs (2) and (3). 

19 (2) INITIAL 5-YEAR PERIOD.—During the 5-year 

20 period beginning on the effective date of this Act, a 

21 State shall not be eligible to receive such funding un22 less the head of the State’s wildlife agency has— 

23 (A) approved, and provided to the Sec24 retary, an explicit strategy to assist wildlife popVerDate Aug 31 2005 03:18 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 E:\BILLS\H2337.RH H2337

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1 ulations in adapting to the impacts of global 

2 warming; and 

3 (B) incorporated such strategy as a supple4 ment to the State’s comprehensive wildlife con5 servation plan. 

6 (3) SUBSEQUENT PERIOD.—After such 5-year pe7 riod, a State shall not be eligible to receive such fund8 ing unless the State has submitted to the Secretary, 

9 and the Secretary has approved, a revision to its com10 prehensive wildlife conservation plan that— 

11 (A) describes the impacts of global warming 

12 on the diversity and health of the State’s wildlife 

13 populations and their habitat; 

14 (B) describes and prioritizes proposed con15 servation actions to assist wildlife populations in 

16 adapting to such impacts; 

17 (C) establishes programs for monitoring the 

18 impacts of global warming on wildlife popu19 lations and their habitats; and 

20 (D) establishes methods for assessing the ef21 fectiveness of conservation actions taken to assist 

22 wildlife populations in adapting to such impacts 

23 and for adapting such actions to respond appro24 priately to new information or changing condi25 tions. 


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1 (c) INTENT OF CONGRESS.—It is the intent of Congress 

2 that funding provided to Federal agencies and States pur3 suant to this chapter supplement, and not replace, existing 

4 sources of funding for wildlife conservation. 

5 CHAPTER 3—STATE AND TRIBAL WILDLIFE 

6 GRANTS PROGRAM 

7 SEC. 461. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM. 

8 (a) AUTHORIZATION OF PROGRAM.—There is author9 ized to be established a State and Tribal Wildlife Grants 

10 Program to be administered by the Secretary of the Interior 

11 and to provide wildlife conservation grants to States and 

12 to the District of Columbia, Puerto Rico, Guam, the United 

13 States Virgin Islands, the Northern Mariana Islands, Amer14 ican Samoa, and federally recognized Indian tribes for the 

15 planning, development, and implementation of programs 

16 for the benefit of wildlife and their habitat, including spe17 cies that are not hunted or fished. 

18 (b) ALLOCATION OF FUNDS.— 

19 (1) IN GENERAL.—Of the amounts made avail20 able to carry out this section for each fiscal year— 

21 (A) 10 percent shall be for a competitive 

22 grant program for Indian tribes that are not 

23 subject to the remaining provisions of this sec24 tion; 


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1 (B) of the amounts remaining after the ap2 plication of subparagraph (A), and after the de3 duction of the Secretary’s administrative ex4 penses to carry out this section— 

5 (i) not more than one-half of 1 percent 

6 shall be allocated to each of the District of 

7 Columbia and to the Common wealth of 

8 Puerto Rico; and 

9 (ii) not more than one-fourth of 1 per10 cent shall be allocated to each of Guam, 

11 American Samoa, the United States Virgin 

12 Islands, and the Commonwealth of the 

13 Northern Mariana Islands; and 

14 (C) of the amount remaining after the ap15 plication of subparagraphs (B) and (C), the sec16 retary shall apportion among the States— 

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

18 land area of each State bears to the total 

19 land area of all States; and 

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

21 the population of each State bears to the 

22 total population of all States. 

23 (2) ADJUSTMENTS.—The amounts apportioned 

24 under subparagraph (C) of paragraph (1) for a fiscal 

25 year shall be adjusted equitably so that no State is 


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1 apportioned under such subparagraph a sum that 

2 is— 

3 (A) less than 1 percent of the amount avail4 able for apportionment under that subparagraph 

5 that fiscal year; or 

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

7 (c) COST SHARING.— 

8 (1) PLAN DEVELOPMENT GRANTS.—The Federal 

9 share of the costs of developing or revising a com10 prehensive wildlife conservation plan shall not exceed 

11 75 percent of the total costs of developing or revising 

12 such plan. 

13 (2) PLAN IMPLEMENTATION GRANTS.—The Fed14 eral share of the costs of implementing an activity in 

15 an approved comprehensive wildlife conservation plan 

16 carried out with a grant under this section shall not 

17 exceed 50 percent of the total costs of such activities. 

18 (3) PROHIBITION ON USE OF FEDERAL FUNDS.— 

19 The non-Federal share of costs of an activity carried 

20 out under this section shall not be paid with amounts 

21 derived from any Federal grant program. 

22 (d) REQUIREMENT FOR PLAN.— 

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

24 jurisdiction shall be eligible for a grant under this 


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1 section unless it submits to the Secretary a com2 prehensive wildlife conservation plan that— 

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

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

5 territory, or other jurisdiction’s wildlife and as6 sociated habitats, with appropriate priority 

7 placed on those species with the greatest con8 servation need and taking into consideration the 

9 relative level of funding available for the con10 servation of those species. 

11 (2) CONTENTS.—The comprehensive wildlife con12 servation plan must contain— 

13 (A) information on the distribution and 

14 abundance of species of wildlife, including low 

15 and declining populations as the State, territory, 

16 or other jurisdiction’s fish and wildlife agency 

17 considers appropriate, that are indicative of the 

18 diversity and health of the jurisdiction’s wildlife; 

19 (B) the location and relative condition of 

20 key habitats and community types essential to 

21 conservation of species identified in subpara22 graph (A); 

23 (C) descriptions of problems which may ad24 versely affect species identified in subparagraph 

25 (A) or their habitats, and priority research and 


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1 survey efforts needed to identify factors that may 

2 assist in restoration and improved conservation 

3 of these species and habitats; 

4 (D) descriptions of conservation actions 

5 proposed to conserve the identified species and 

6 habitats and priorities for implementing such 

7 actions; 

8 (E) proposed plans for monitoring species 

9 identified in subparagraph (A) and their habi10 tats, for monitoring the effectiveness of the con11 servation actions proposed in subparagraph (D), 

12 and for adapting these conservation actions to 

13 respond appropriately to new information or 

14 changing conditions; 

15 (F) descriptions of procedures to review the 

16 comprehensive wildlife conservation plan at in17 tervals not to exceed ten years; 

18 (G) plans for coordinating the development, 

19 implementation, review, and revision of the com20 prehensive wildlife conservation plan with Fed21 eral, State, and local agencies and Indian tribes 

22 that manage significant land and water areas 

23 within the jurisdiction or administer programs 

24 that significantly affect the conservation of iden25 tified species and habitats; and 


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1 (H) provisions for broad public participa2 tion as an essential element of the development, 

3 revision, and implementation of the comprehen4 sive wildlife conservation plan. 

5 (e) SAVINGS CLAUSE.—State comprehensive wildlife 

6 strategies approved by the Secretary pursuant to previous 

7 congressional authorizations and appropriations Acts shall 

8 remain in effect until such strategies expire or are revised 

9 in accordance with their terms. Except as specified in sec10 tion 456(b) with respect to funds made available under such 

11 section, conservation and education activities conducted or 

12 proposed to be conducted pursuant to such previously ap13 proved strategies shall remain authorized. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated such sums as are necessary 

16 to carry out this section. 

17 Subtitle E—Ocean Programs 

18 SEC. 471. OCEAN POLICY, GLOBAL WARMING, AND ACIDIFI19 CATION PROGRAM. 

20 (a) DEVELOPMENT AND IMPLEMENTATION.— 

21 (1) IN GENERAL.—The Secretary of Commerce, 

22 shall, within two years after the date of enactment of 

23 this Act, and on the basis of the best available science, 

24 develop and implement a national strategy using ex25 isting authorities and the authority provided in this 


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1 section to support coastal State and Federal agency 

2 efforts to— 

3 (A) predict, plan for, and mitigate the im4 pacts on ocean and coastal ecosystems from glob5 al warming, relative sea level rise and ocean 

6 acidification; and 

7 (B) ensure the recovery, resiliency, and 

8 health of ocean and coastal ecosystems. 

9 (2) CONSULTATION AND COMMENT.—Before and 

10 during the development of the national strategy, the 

11 Secretary shall— 

12 (A) consult with the Secretary of the Inte13 rior, the Administrator of the Environmental 

14 Protection Agency, the Regional Fishery Man15 agement Councils, coastal States, Indian tribes, 

16 local governments, conservation organizations, 

17 scientists, and other interested stakeholders; and 

18 (B) provide opportunities for public notice 

19 and comment. 

20 (b) CONTENTS.— 

21 (1) IN GENERAL.—The Secretary shall include in 

22 the national strategy prioritized goals and measures 

23 to— 

24 (A) incorporate climate change adaptation 

25 strategies into the planning and management of 


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1 ocean and coastal programs and resources ad2 ministered by the Department of Commerce; 

3 (B) support restoration, protection, and en4 hancement of natural processes that minimize 

5 the impacts of relative sea level rise, global 

6 warming, and ocean acidification; 

7 (C) minimize the impacts of global warm8 ing and ocean acidification on marine species 

9 and their habitats; 

10 (D) identify, protect, and restore ocean and 

11 coastal habitats needed to build healthy and re12 silient ecosystems; 

13 (E) support the development of climate 

14 change resiliency plans under the Coastal Zone 

15 Management Act of 1972 (16 U.S.C. 1451 et 

16 seq.); 

17 (F) provide technical assistance and train18 ing to other Federal agencies, States, local com19 munities, universities, and other stakeholders; 

20 and 

21 (G) identify additional research that is 

22 needed to better anticipate and plan for the im23 pacts of global warming and ocean acidification 

24 on ocean and coastal resources. 


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1 (2) COORDINATION WITH OTHER PLANS.—In de2 veloping the national strategy, the Secretary shall— 

3 (A) take into consideration research and in4 formation available in Federal, regional, and 

5 State management and restoration plans and 

6 any other relevant reports and information; and 

7 (B) encourage and take into account State 

8 and regional plans for protecting and restoring 

9 the health and resilience of ocean and coastal 

10 ecosystems. 

11 (c) REVISION.—The Secretary shall revise the national 

12 strategy not later than 5 years after its promulgation, and 

13 not later than every 10 years thereafter, to reflect new infor14 mation on the impacts of global warming, relative sea level 

15 rise, and acidification on ocean and coastal ecosystems and 

16 their resources and advances in the development of strate17 gies for adapting to or mitigating for such impacts. 

18 (d) SCIENCE ADVISORY BOARD.— 

19 (1) CONSULTATION.—The Secretary shall consult 

20 with the National Oceanic and Atmospheric Adminis21 tration’s Science Advisory Board in the development 

22 and implementation of the strategy. 

23 (2) REVIEW INFORMATION.—The Science Advi24 sory Board shall periodically— 


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1 (A) review new information on the impacts 

2 of global warming, relative sea level rise, and 

3 acidification on ocean and coastal ecosystems 

4 and their resources and advances in the develop5 ment of strategies for adapting to or mitigating 

6 for such impacts; and 

7 (B) provide that information to the Sec8 retary. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

10 authorized to be appropriated such sums as may be nec11 essary to implement this section. Amounts appropriated 

12 shall be used for the exclusive purpose of carrying out the 

13 activities specified in this section. 

14 (f) REPORT TO CONGRESS.—Copies of the strategy and 

15 implementation plan and any updates shall be provided to 

16 the Congress. 

17 SEC. 472. PLANNING FOR CLIMATE CHANGE IN THE COAST18 AL ZONE. 

19 (a) IN GENERAL.—The Coastal Zone Management Act 

20 of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at 

21 the end the following: 

22 ‘‘CLIMATE CHANGE RESILIENCY PLANNING

23 ‘‘SEC. 320. (a) IN GENERAL.—The Secretary shall es24 tablish consistent with the national policies set forth in sec25 tion 303 a coastal climate change resiliency planning and 

26 response program to— 


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1 ‘‘(1) provide assistance to coastal states to volun2 tarily develop coastal climate change resiliency plans 

3 pursuant to approved management programs ap4 proved under section 306, to minimize contributions 

5 to climate change and to prepare for and reduce the 

6 negative consequences that may result from climate 

7 change in the coastal zone; and 

8 ‘‘(2) provide financial and technical assistance 

9 and training to enable coastal states to implement 

10 plans developed pursuant to this section through 

11 coastal states’ enforceable policies. 

12 ‘‘(b) GUIDELINES.—Within 180 days after the date of 

13 enactment of this section, the Secretary, in consultation 

14 with the coastal states, shall issue guidelines for the imple15 mentation of the grant program established under sub16 section (c). 

17 ‘‘(c) CLIMATE CHANGE RESILIENCY PLANNING

18 GRANTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary, subject to the 

20 availability of appropriations, may make a grant to 

21 any coastal state for the purpose of developing climate 

22 change resiliency plans pursuant to guidelines issued 

23 by the Secretary under subsection (b). 

24 ‘‘(2) PLAN CONTENT.—A plan developed with a 

25 grant under this section shall include the following: 


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1 ‘‘(A) Identification of public facilities and 

2 public services, coastal resources of national sig3 nificance, coastal waters, energy facilities, or 

4 other water uses located in the coastal zone that 

5 are likely to be impacted by climate change. 

6 ‘‘(B) Adaptive management strategies for 

7 land use to respond or adapt to changing envi8 ronmental conditions, including strategies to 

9 protect biodiversity and establish habitat buffer 

10 zones, migration corridors, and climate refugia. 

11 ‘‘(C) Requirements to initiate and maintain 

12 long-term monitoring of environmental change to 

13 assess coastal zone resiliency and to adjust when 

14 necessary adaptive management strategies and 

15 new planning guidelines to attain the policies 

16 under section 303. 

17 ‘‘(3) STATE HAZARD MITIGATION PLANS.—Plans 

18 developed with a grant under this section shall be 

19 consistent with State hazard mitigation plans devel20 oped under State or Federal law. 

21 ‘‘(4) ALLOCATION.—Grants under this section 

22 shall be available only to coastal states with manage23 ment programs approved by the Secretary under sec24 tion 306 and shall be allocated among such coastal 


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1 states in a manner consistent with regulations pro2 mulgated pursuant to section 306(c). 

3 ‘‘(5) PRIORITY.—In the awarding of grants 

4 under this subsection the Secretary may give priority 

5 to any coastal state that has received grant funding 

6 to develop program changes pursuant to paragraphs 

7 (1), (2), (3), (5), (6), (7), and (8) of section 309(a). 

8 ‘‘(6) TECHNICAL ASSISTANCE.—The Secretary 

9 may provide technical assistance to a coastal state 

10 consistent with section 310 to ensure the timely devel11 opment of plans supported by grants awarded under 

12 this subsection. 

13 ‘‘(7) FEDERAL APPROVAL.—In order to be eligi14 ble for a grant under subsection (d), a coastal state 

15 must have its plan developed under this section ap16 proved by the Secretary under regulations adopted 

17 pursuant to section 306(e). 

18 ‘‘(d) COASTAL RESILIENCY PROJECT GRANTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary, subject to the 

20 availability of appropriations, may make grants to 

21 any coastal state that has a climate change resiliency 

22 plan approved under subsection (c)(7), in order to 

23 support projects that implement strategies contained 

24 within such plans. 


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1 ‘‘(2) PROGRAM REQUIREMENTS.—The Secretary 

2 within 90 days after approval of the first plan ap3 proved under subsection (c)(7), shall publish in the 

4 Federal Register requirements regarding applications, 

5 allocations, eligible activities, and all terms and con6 ditions for grants awarded under this subsection. No 

7 less than 30 percent of the funds appropriated in any 

8 fiscal year for grants under this subsection shall be 

9 awarded through a merit-based competitive process. 

10 ‘‘(3) ELIGIBLE ACTIVITIES.—The Secretary may 

11 award grants to coastal states to implement projects 

12 in the coastal zone to address stress factors in order 

13 to improve coastal climate change resiliency, includ14 ing the following: 

15 ‘‘(A) Activities to address physical disturb16 ances within the coastal zone, especially activi17 ties related to public facilities and public serv18 ices, tourism, sedimentation, and other factors 

19 negatively impacting coastal waters, and fish20 eries-associated habitat destruction or alteration. 

21 ‘‘(B) Monitoring, control, or eradication of 

22 disease organisms and invasive species. 

23 ‘‘(C) Activities to address the loss, degrada24 tion or fragmentation of wildlife habitat through 

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1 tat buffers, wildlife refugia or networks thereof, 

2 and preservation of migratory wildlife corridors 

3 and other transition zones. 

4 ‘‘(D) Implementation of projects to reduce, 

5 mitigate, or otherwise address likely impacts 

6 caused by natural hazards in the coastal zone, 

7 including sea level rise, coastal inundation, 

8 coastal erosion and subsidence, severe weather 

9 events such as cyclonic storms, tsunamis and 

10 other seismic threats, and fluctuating Great 

11 Lakes water levels. 

12 ‘‘(E) Provide technical training and assist13 ance to local coastal policy makers to increase 

14 awareness of science, management, and tech15 nology information related to climate change 

16 and adaptation strategies.’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 318(a) of the Coastal Zone Management Act of 1972 (16 

19 U.S.C. 1464) is further amended by adding at the end the 

20 following: 

21 ‘‘(4) for grants under section 320(c) and (d), 

22 such sums as are necessary.’’. 


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1 SEC. 473. ENHANCING CLIMATE CHANGE PREDICTIONS. 

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

3 ‘‘National Integrated Coastal and Ocean Observation Act 

4 of 2007’’. 

5 (b) PURPOSES.—The purposes of this section are the 

6 following: 

7 (1) Establish a National Integrated Coastal and 

8 Ocean Observation System comprised of Federal and 

9 non-Federal components, coordinated at the regional 

10 level by a network of Regional Information Coordina11 tion Entities, that includes in situ, remote, and other 

12 coastal and ocean observations, technologies, and data 

13 management and communication systems, to gather 

14 daily specific coastal and ocean data variables and to 

15 ensure the timely dissemination and availability of 

16 usable observation data to support national defense, 

17 marine commerce, energy production, scientific re18 search, ecosystem-based marine and coastal resource 

19 management, and public safety and to promote the 

20 general public welfare. 

21 (2) Improve the Nation’s capability to measure, 

22 track, explain, and predict events related directly and 

23 indirectly to climate change, natural climate varia24 bility, and interactions between the oceanic and at25 mospheric environments, including the Great Lakes. 


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1 (3) Authorize activities to promote basic and ap2 plied research to develop, test, and deploy innovations 

3 and improvements in coastal and ocean observation 

4 technologies, modeling systems, and other scientific 

5 and technological capabilities to improve our concep6 tual understanding of global climate change and 

7 physical, chemical, and biological dynamics of the 

8 ocean and coastal and Great Lakes environments. 

9 (4) Institutionalize coordinated programs of pub10 lic outreach, education, and training— 

11 (A) to enhance public understanding of the 

12 ocean, coastal and Great Lakes environment, the 

13 influence and effects of global climate change on 

14 the coastal and ocean environment; and 

15 (B) to promote greater public awareness 

16 and stewardship of the Nation’s ocean, coastal, 

17 and Great Lakes resources. 

18 (c) DEFINITIONS.—In this section: 

19 (1) COUNCIL.—The term ‘‘Council’’ means the 

20 National Ocean Research Leadership Council referred 

21 to in section 7902 of title 10, United States Code. 

22 (2) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the National Oce24 anic and Atmospheric Administration. 


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1 (3) FEDERAL ASSETS.—The term ‘‘Federal as2 sets’’ means all relevant non-classified civilian coastal 

3 and ocean observations, technologies, and related mod4 eling, research, data management, basic and applied 

5 technology research and development, and public edu6 cation and outreach programs, that are managed by 

7 member agencies of the Council. 

8 (4) NON-FEDERAL ASSETS.—The term ‘‘non-Fed9 eral assets’’ means all relevant coastal and ocean ob10 servations, technologies, related basic and applied 

11 technology research and development, and public edu12 cation and outreach programs managed through 

13 States, regional organizations, universities, non14 governmental organizations, or the private sector. 

15 (5) REGIONAL INFORMATION COORDINATION EN16 TITIES.— 

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 the 

21 lead Federal agency designated in subsection 

22 (d)(3)(C)(iii) and coordinating State, Federal, 

23 local, and private interests at a regional level 

24 with the responsibility of engaging the private 

25 and public sectors in designing, operating, and 


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1 improving regional coastal and ocean observing 

2 systems in order to ensure the provision of data 

3 and information that meet the needs of user 

4 groups from the respective regions. 

5 (B) INCLUDED ASSOCIATIONS.—Such term 

6 includes Regional Associations as described by 

7 the System Plan. 

8 (C) LIMITATION.—Nothing in this section 

9 shall be construed to invalidate existing certifi10 cations, contracts, or agreements between Re11 gional Associations and other elements of the 

12 System. 

13 (6) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Commerce. 

15 (7) SYSTEM.—The term ‘‘System’’ means the Na16 tional Integrated Coastal and Ocean Observation Sys17 tem established under subsection (d). 

18 (8) SYSTEM PLAN.—The term ‘‘System Plan’’ 

19 means the plan contained in the document entitled 

20 ‘‘Ocean.US publication #9, The First Integrated 

21 Ocean Observing System (IOOS) Development Plan’’. 

22 (9) INTERAGENCY WORKING GROUP.—The term 

23 ‘‘Interagency Working Group’’ means the Interagency 

24 Working Group on Ocean Observations as established 

25 by the U.S. Ocean Policy Committee Subcommittee 


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1 on Ocean Science and Technology pursuant to Execu2 tive Order 13366 signed December 17, 2004. 

3 (d) NATIONAL INTEGRATED COASTAL AND OCEAN OB4 SERVING SYSTEM.— 

5 (1) ESTABLISHMENT.—The President, acting 

6 through the Council, shall establish a National Inte7 grated Coastal and Ocean Observation System to ful8 fill the purposes set forth in subsection (b) and the 

9 System plan and to fulfill the Nation’s international 

10 obligations to contribute to the global earth observa11 tion system of systems and the global ocean observing 

12 system. 

13 (2) SUPPORT OF PURPOSES.—The head of each 

14 agency that is a member of the Interagency Working 

15 Group shall support the purposes of this section. 

16 (3) AVAILABILITY OF DATA.—The head of each 

17 Federal agency that has administrative jurisdiction 

18 over a Federal asset shall make available data that 

19 are produced by that asset and that are not otherwise 

20 restricted for integration, management, and dissemi21 nation by the System. 

22 (4) ENHANCING ADMINISTRATION AND MANAGE23 MENT.—The head of each Federal agency that has ad24 ministrative jurisdiction over a Federal asset may 

25 take appropriate actions to enhance internal agency 


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1 administration and management to better support, 

2 integrate, finance, and utilize observation data, prod3 ucts, and services developed under this section to fur4 ther its own agency mission and responsibilities. 

5 (5) PARTICIPATION IN REGIONAL INFORMATION

6 COORDINATION ENTITY.—The head of each Federal 

7 agency that has administrative jurisdiction over a 

8 Federal asset may participate in regional informa9 tion coordination entity activities. 

10 (6) NON-FEDERAL ASSETS.—Non-Federal assets 

11 shall be coordinated by the Interagency Working 

12 Group or by Regional Information Coordination En13 tities. 

14 (e) POLICY OVERSIGHT, ADMINISTRATION, AND RE15 GIONAL COORDINATION.— 

16 (1) NATIONAL OCEAN RESEARCH LEADERSHIP

17 COUNCIL.—The National Ocean Research Leadership 

18 Council shall be responsible for establishing broad co19 ordination and long-term operations plans, policies, 

20 protocols, and standards for the System consistent 

21 with the policies, goals, and objectives contained in 

22 the System Plan, and coordination of the System 

23 with other earth observing activities. 


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1 (2) INTERAGENCY WORKING GROUP.—The Inter2 agency Working Group shall, with respect to the Sys3 tem, be responsible for— 

4 (A) implementation of operations plans and 

5 policies developed by the Council; 

6 (B) development of an annual coordinated, 

7 comprehensive System budget; 

8 (C) identification of gaps in observation 

9 coverage or needs for capital improvements of 

10 both Federal assets and non-Federal assets; 

11 (D) establishment of data management and 

12 communication protocols and standards; 

13 (E) establishment of required observation 

14 data variables; 

15 (F) development of certification standards 

16 for all non-Federal assets or Regional Informa17 tion Coordination Entities to be eligible for inte18 gration into the System; and 

19 (G) periodically review and recommend to 

20 the Council revisions to the System plan. 

21 (3) LEAD FEDERAL AGENCY.—The Secretary, 

22 acting through the Administrator, shall function as 

23 the lead Federal agency for the System. The Sec24 retary, through the Administrator, may establish an 

25 Interagency Program Coordinating Office to facilitate 


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1 the Secretary’s responsibilities as the lead Federal 

2 agency for System oversight and management. The 

3 Administrator shall— 

4 (A) implement policies, protocols, and 

5 standards established by the Council and dele6 gated by the Interagency Working Group; 

7 (B) promulgate regulations to integrate the 

8 participation of non-Federal assets into the Sys9 tem and enter into and oversee contracts and 

10 agreements with Regional Information Coordina11 tion Entities to effect this purpose; 

12 (C) implement a competitive funding proc13 ess for the purpose of assigning contracts and 

14 agreements to Regional Information Coordina15 tion Entities; 

16 (D) certify or establish Regional Informa17 tion Coordination Entities to coordinate State, 

18 Federal, local, and private interests at a regional 

19 level with the responsibility of engaging private 

20 and public sectors in designing, operating, and 

21 improving regional coastal and ocean observing 

22 systems in order to ensure the provision of data 

23 and information that meet the needs of user 

24 groups from the respective regions; 


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1 (E) formulate a process by which gaps in 

2 observation coverage or needs for capital im3 provements of Federal assets and non-Federal as4 sets of the System can be identified by the Re5 gional Information Coordination Entities, the 

6 Administrator, or other members of the System 

7 and transmitted to the Interagency Working 

8 Group; 

9 (F) be responsible for the coordination, stor10 age, management, and communication of obser11 vation data gathered through the System to all 

12 end-user communities; 

13 (G) subject to the availability of appropria14 tions and pursuant to procedures adopted by the 

15 Administrator after consultation with the work16 ing group and the system advisory panel, imple17 ment a competitive matching grant or other 

18 grant program to promote research and develop19 ment of innovative and new observation tech20 nologies, including testing and field trials; 

21 (H) implement a program of public edu22 cation and outreach to improve public awareness 

23 of global climate change and effects on the ocean, 

24 coastal, and Great Lakes environment; and 


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1 (I) report annually to the Council through 

2 the Interagency Working Group on the accom3 plishments, operational needs, and performance 

4 of the System to achieve the purposes of this Act 

5 and the System plan. 

6 (4) REGIONAL INFORMATION COORDINATION EN7 TITY.—To be certified or established under paragraph 

8 (3)(D), a Regional Information Coordination Entity 

9 must be certified or established by contract or agree10 ment by the Administrator, and must agree to— 

11 (A) gather required System observation 

12 data and other requirements specified under this 

13 section and the System plan; 

14 (B) identify gaps in observation coverage or 

15 needs for capital improvements of Federal assets 

16 and non-Federal assets of the System, and trans17 mit such information to the Interagency Working 

18 Group via the Administrator; 

19 (C) demonstrate an organizational structure 

20 and strategic operational plan to ensure the effi21 cient and effective administration of programs 

22 and assets to support daily data observations for 

23 integration into the System; 


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1 (D) comply with all financial oversight re2 quirements established by the Administrator, in3 cluding requirements relating to audits; and 

4 (E) demonstrate a capability to work with 

5 other governmental and nongovernmental entities 

6 at all levels to identify and provide information 

7 products of the System for multiple users within 

8 the service area of the Regional Information Co9 ordination Entities and otherwise. 

10 (5) SYSTEM ADVISORY PANEL.—The Secretary, 

11 through the Administrator, may establish and ap12 point an advisory panel to advise the Council on the 

13 operations, management, and needs of the System. 

14 The appointment of this panel shall be done in con15 sultation with the Interagency Working Group. Panel 

16 membership shall be broadly representative of all 

17 stakeholders and the user community of the System, 

18 including State and local governments. 

19 (6) CIVIL LIABILITY.—For purposes of deter20 mining liability arising from the dissemination and 

21 use of observation data gathered pursuant to this sec22 tion, any non-Federal asset or Regional Information 

23 Coordination Entity that is certified under para24 graph (3)(D) and that is participating in the System 

25 shall be considered to be part of the National Oceanic 


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1 and Atmospheric Administration. Any employee of 

2 such a non-Federal asset or Regional Information Co3 ordination Entity, while operating within the scope 

4 of his or her employment in carrying out the purposes 

5 of this section, with respect to tort liability, is deemed 

6 to be an employee of the Federal Government. 

7 (f) INTERAGENCY FINANCING, GRANTS, CONTRACTS, 

8 AND AGREEMENTS.— 

9 (1) IN GENERAL.—The member departments and 

10 agencies of the Council, subject to the availability of 

11 appropriations, may participate in interagency fi12 nancing and share, transfer, receive, obligate, and ex13 pend funds appropriated to any member agency for 

14 the purposes of carrying out any administrative or 

15 programmatic project or activity to further the pur16 poses of this section, including support for the Inter17 agency Working Group, the Interagency Coordinating 

18 Program Office, a common infrastructure, and inte19 gration to expand or otherwise enhance the System. 

20 (2) JOINT CENTERS AND AGREEMENTS.—Member 

21 Departments and agencies of the Council shall have 

22 the authority to create, support, and maintain joint 

23 centers, and to enter into and perform such contracts, 

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1 actions as may be necessary to carry out the purposes 

2 of this section and fulfillment of the System Plan. 

3 (g) APPLICATION WITH OTHER LAWS.—Nothing in 

4 this section supersedes or limits the authority of any agency 

5 to carry out its responsibilities and missions under other 

6 laws. 

7 (h) REPORT TO CONGRESS.—Two years after the date 

8 of enactment of this Act, and biennially thereafter, the Sec9 retary through the Council shall submit to the Congress a 

10 report on the performance of the System, achievement of 

11 the purposes and objectives of this section and the System 

12 plan, and recommendations for operational improvements 

13 to enhance the efficiency, accuracy, and overall capability 

14 of the System. 

15 TITLE V—ADDITIONAL 

16 PROVISIONS 

17 SEC. 501. SHARING OF PENALTIES. 

18 Notwithstanding any other provision of this Act, any 

19 amounts received by the United States in an action brought 

20 under section 3730 of title 31, United States Code, that 

21 arise from any underpayment of royalties owed to the 

22 United States under any lease, and are treated as royalties 

23 paid to the United States under that lease for the purposes 

24 of the mineral leasing laws and the Land and Water Con25 servation Fund Act of 1965 (16 U.S.C. 4601–4 et seq.), and 


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1 that are being made available for any coal-to-liquids pro2 grams or pilot projects funded in whole or part by the Fed3 eral Government, shall also be equally available for wind, 

4 solar, biomass, geothermal, cellulosic ethanol, or other re5 newable energy program funded in whole or part by the 

6 Federal Government, subject to appropriations. 

7 SEC. 502. SHARING OF FEES. 

8 Notwithstanding any other provision of this Act, of the 

9 amounts received by the United States pursuant to a fee 

10 established by this Act with respect to Federal onshore lands 

11 that are subject to a lease for production of oil, natural gas, 

12 or coal under which production is not occurring, and that 

13 are made available under this Act for any coal-to-liquids 

14 programs or pilot projects funded in whole or part by the 

15 Federal Government, shall also be made equally available 

16 for wind, solar, biomass, geothermal, cellulosic ethanol, or 

17 other renewable energy program funded in whole or part 

18 by the Federal Government, subject to appropriations. 

19 SEC. 503. OIL SHALE COMMUNITY IMPACT ASSISTANCE. 

20 (a) ESTABLISHMENT OF FUND.—There is established 

21 on the books of the Treasury of the United States a separate 

22 account to be known as the Oil Shale Community Impact 

23 Assistance Fund (hereinafter in this section referred to as 

24 the ‘‘Fund’’). The Fund shall be administered by the SecVerDate Aug 31 2005 03:18 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\H2337.RH H2337

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1 retary of the Interior acting through the Director of the Bu2 reau of Land Management. 

3 (b) CONTENTS.— 

4 (1) IN GENERAL.—There shall be credited to the 

5 Fund— 

6 (A) all amounts paid to the United States 

7 as bonus bids in connection with the award of 

8 commercial oil shale leases pursuant to section 

9 369(e) of the Energy Policy Act of 2005 (42 

10 U.S.C. 15927(e)); and 

11 (B) an amount equal to 25 percent of the 

12 portion of the other amounts deposited into the 

13 Treasury pursuant to section 35(a) of the Min14 eral Leasing Act (30 U.S.C. 191) with respect to 

15 such leases, that remains after deduction of all 

16 payments made pursuant to of such section. 

17 (2) TERMINATION OF CREDITING OF ROYAL18 TIES.—Paragraph (1)(B) shall not apply to royalties 

19 received by the United States under a commercial oil 

20 shale lease after the end of the 10-year period begin21 ning on the date on which the first amount of royalty 

22 under such lease is paid to the United States. 

23 (c) DISTRIBUTION.— 

24 (1) IN GENERAL.—The Secretary, subject to the 

25 availability of appropriations, shall use amounts in 


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1 the Fund to annually pay to each county in which 

2 is located land subject to a commercial oil shale lease 

3 referred to in subsection (b)(1) an amount equal to 

4 the amount credited to the Fund during the preceding 

5 year pursuant to section (b) with respect to such 

6 lease. If such land is located in more than one county, 

7 the Secretary shall allocate such payment among such 

8 counties on the basis of the relative amount of lands 

9 subject to the lease within each such county. 

10 (2) USE OF PAYMENT.—Amounts paid to a coun11 ty under this subsection shall be used by the county 

12 for the planning, construction, and maintenance of 

13 public facilities and the provision of public services. 

14 SEC. 504. ADDITIONAL NOTICE REQUIREMENTS. 

15 (a) PERMITTEES.—At least 45 days before offering 

16 lands for lease pursuant to section 17(f) of the Mineral 

17 Leasing Act (30 U.S.C. 226(f)), the Secretary of the Interior 

18 shall provide notice of the proposed leasing activity in writ19 ing to the holders of special recreation permits for commer20 cial use, competitive events, and other organized activities 

21 on the lands being offered for lease. 

22 (b) CONSERVATION EASEMENT HOLDERS.— 

23 (1) If the holder of a conservation easement or 

24 similar property interest in the surface estate of lands 

25 eligible for leasing under the Mineral Leasing Act has 


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1 informed the Secretary of the Interior of the existence 

2 of such property interest, the Secretary shall treat 

3 such holder as a surface estate owner for purposes of 

4 section 221(d) of this Act. 

5 (2) As soon as possible after the date of enact6 ment of this Act, the Secretary of the Interior shall 

7 establish a means for holders of property interests de8 scribed in paragraph (1) to provide notice of such in9 terests, and shall inform the public regarding such 

10 means. 


bajohnson on PROD1PC69 with BILLS

bajohnson on PROD1PC69 with BILLS
Union Calendar No. 186 

110TH CONGRESS 

1ST SESSION H. R. 2337 

[Report No. 110

–296, Part I] 

A BILL 

To promote energy policy reforms and public action, and for other purposes. and carbon capture and climate change mitiga- countability, alternative energy and efficiency, 

AUGUST 3, 2007 

Reported from the Committee on Natural Resources with 

an amendment 

AUGUST 3, 2007 

Committees on Agriculture and Science and Technology 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


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