U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69—010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–347 

Calendar No. 769 

CLIMATE CHANGE ADAPTATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2355 

JUNE 5, 2008.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

SECOND SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

TED STEVENS, Alaska, Vice-Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 

MIMI BRANIFF, Republican Deputy Chief Counsel 


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Calendar No. 769 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–347 

CLIMATE CHANGE ADAPTATION ACT 

JUNE 5, 2008.—Ordered to be printed 

Mr. INOUYE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2355] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2355) to amend the National Climate Program Act to enhance the ability of the United States to 

develop and implement climate change adaptation programs and 

policies, and for other purposes, having considered the same, reports favorably thereon with amendments and an amendment to 

the title and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 2355, the Climate Change Adaptation Act, is 

to provide a national strategic plan for addressing the impacts of 

climate change within the United States. 

BACKGROUND AND NEEDS

The need to address the impacts from climate change on our Nation’s coastal and ocean areas is of particular interest to the Senate 

Committee on Commerce, Science, and Transportation given its 

oversight role over the National Oceanic and Atmospheric Administration (NOAA). Temperature-related impacts on living marine resources are well-documented and may include significant changes 

in the distribution, growth, health, and abundance of species. Increased temperatures and loss of sea ice have been documented in 

both Arctic and Antarctic regions. Arctic sea ice has long been recognized as a sensitive climate indicator. The annual average extent 

of the Arctic sea ice has decreased 2.7 percent per decade since 

1978, and last year’s dramatic melt reduced ice coverage to its lowest level since satellite measurements began in 1979. Changes in 


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sea ice extent, timing, ice thickness, and seasonal fluctuations are 

already having an impact on the people, plants, and animals that 

live in the Arctic. 

Climate-related shifts in species distribution and abundance 

have been observed in the temperate regions of the Atlantic and 

Pacific. Warming is likely to alter coastal weather and could affect 

the intensity and frequency of severe storms, especially in stormprone regions, such as the southeast. Melting of glaciers and ice 

sheets and thermal expansion of ocean waters are predicted to 

cause sea level rise to continue. According to the Intergovernmental Panel on Climate Change (IPCC), global sea level increased 

at an average rate of 1.8 millimeters per year from 1961 to 2003. 

Sea level rise is likely to intensify erosion and endanger coastal 

structures and wetlands. Rising sea level, higher temperatures, 

and increased carbon dioxide concentrations are likely to affect the 

ecology of estuaries, coastal wetlands, and coral reefs. The changing temperature patterns are also likely to alter fish migration patterns, shifting the distribution of commercially important species. 

The IPCC regularly assesses the worldwide state of knowledge 

on climate change and has issued its Fourth Assessment Report 

over the course of 2007. Working Group II assessed the impacts of 

climate change in its report, ‘‘Climate Change Impacts, Adaptation, 

and Vulnerability,’’ released on April 6, 2007. The report found 

that: 

• evidence obtained from observations of all continents and 

most oceans shows that many natural systems are being affected by regional climate changes, particularly temperature 

increases; 

• there is a high confidence, which the IPCC defines as more 

than 80 percent certainty, that observed changes in marine 

and freshwater biological systems are associated with rising 

water temperatures, as well as related changes in ice cover, salinity, oxygen levels, and circulation; 

• observed changes to aquatic systems include species’ range 

shifts and changes in algal, plankton, and fish abundance, particularly in high-latitude oceans; 

• approximately 20 to 30 percent of plant and animal species 

assessed at present are likely to be at increased risk of extinction if the global average temperature increase exceeds 1.5 - 

2.5 degrees Celsius; 

• progressive acidification of oceans due to increasing atmospheric carbon dioxide is expected to have negative impacts on 

marine shell-forming organisms, such as corals, and their dependent species; and 

• adaptation will be necessary to address impacts resulting 

from the warming which is already unavoidable due to past 

emissions. 

On August 7, 2007, the Government Accountability Office (GAO) 

issued a report titled ‘‘Climate Change: Agencies Should Develop 

Guidance for Addressing the Effects on Federal Land and Water 

Resources.’’ In November 2006, the GAO, in conjunction with the 

National Academies, held a workshop of leading experts on science 

and resource management issues to examine the impacts of climate 

change on Federal land and water resources, information available 

to resource managers, and the extent to which climate change imVerDate Aug 31 2005 07:24 Jun 06, 2008 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\SR347.XXX SR347

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pacts are taken into account. The report focused on resources managed by NOAA, the Bureau of Land Management, the Forest Service, the U.S. Fish and Wildlife Service, and the National Park Service. 

The GAO report found that resource managers do not have sufficient site-specific information to plan for and manage the effects of 

climate change on Federal resources. Managers lack the basic tools 

needed to develop an adequate baseline understanding of existing 

local species. These tools include monitoring systems and computer 

models of local projections, without which managers are limited to 

reacting to already observed climate change effects making it difficult to plan for future changes. 

The GAO report also found that resource managers have limited 

guidance on whether or how to address climate change, and therefore, are uncertain about what actions, if any, they should take. In 

general, resource managers lack specific guidance for incorporating 

climate change into their management actions and planning efforts, hampering their ability to address climate change and effectively manage resources. The GAO report also found that the Federal resource agencies studied have not made climate change a priority, and the agencies’ strategic plans do not specifically address 

climate change. 

Due to the prolonged residence time of carbon dioxide in the atmosphere, a certain degree of warming is expected for the next 20 

to 30 years, even if all anthropogenic sources of greenhouse gases 

were eliminated today. Therefore, the currently observed or predicted changes to natural resources due to warming are expected 

to continue over this time period. Resource planning should include 

actions for adapting to changing conditions. 

SUMMARY OF PROVISIONS

S. 2355 would include two main components — a national strategy and agency-specific requirements for NOAA. The bill would require the President to provide the Congress with a national strategic plan to address the impacts of climate change within the 

United States. The strategic plan would include guidance for integrating climate change considerations in the management of Federally-administered natural resources, as well as recommendations 

for providing information to and coordinating with State and local 

governments and nongovernmental entities to support planning efforts for the management of non-Federal resources. The strategic 

plan would not create a new legal right of action. Rather, the focus 

of the plan would be on recommending steps for considering climate change impacts in existing authorities. 

The bill also would require the Secretary of Commerce to conduct 

regional assessments to identify key vulnerabilities of coastal and 

ocean areas and resources from hazards associated with climate 

change and ocean acidification. Such assessments would include social, physical, and economic impacts on local, State, and regional 

economies, including the impact on abundance and distribution of 

economically important living marine resources. 

The bill also would require the Secretary of Commerce to prepare 

an agency-specific coastal and ocean adaptation plan for NOAA 

that would address coastal and ocean impacts of climate change. 

The plan would include recommendations regarding potential FedVerDate Aug 31 2005 07:24 Jun 06, 2008 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6601 E:\HR\OC\SR347.XXX SR347

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eral flood insurance program modifications, mitigation incentives 

for coastal land use planning, and coastal hazards protocols. It also 

would include strategies to address the climate change impacts on 

living marine resources for which NOAA plays a stewardship role 

and would require a strategy for integrating climate change considerations into the actions and policies of NOAA and other Federal 

agencies, as appropriate. 

The bill also would establish a grant program through the existing Coastal Zone Management Act grant process to support coastal 

States in the development and implementation of State plans, taking into consideration hazards planning requirements that States 

are already developing under the Stafford Act. 

The bill would authorize annual appropriations for each of fiscal 

years 2009 through 2013 of $25,000,000 for the implementation of 

the national strategy, $75,000,000 to carry out the coastal and 

ocean assessments, and $150,000,000 for the development of coastal and ocean adaptation plans, of which 75 percent would be provided to the States. 

LEGISLATIVE HISTORY

Senator Cantwell, Chair of the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, introduced S. 2355 on November 14, 2007. Senators Kerry, Klobuchar, and Lautenberg have 

subsequently signed on as cosponsors. The bill was referred to the 

Committee on Commerce, Science, and Transportation. The Committee held two hearings preceding the introduction of S. 2355 that 

addressed the need for Federal legislation on climate adaptation. 

On May 10, 2007, the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard held a hearing on the effects of climate 

change and ocean acidification on living marine resources. A full 

committee hearing was held on November 14, 2007, which addressed the need to improve the Federal government’s climate 

change research program and the dissemination of relevant information to decision makers and other end users. 

On December 4, 2007, the Committee considered a manager’s 

amendment to this bill in an open executive session. The Committee, by voice vote, ordered S. 2355 to be reported favorably, as 

amended. The provisions on coastal assessments and coastal planning are based on similar provisions that were passed by the Senate in 2002 and again in 2003 as part of the Energy Policy Act. 

ESTIMATED COSTS

In compliance with subsection (a)(3) of paragraph 11 of rule 

XXVI of the Standing Rules of the Senate, the Committee states 

that, in its opinion, it is necessary to dispense with the requirements of paragraphs (1) and (2) of that subsection in order to expedite the business of the Senate. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 


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NUMBER OF PERSONS COVERED

The reported bill would not authorize any new regulations and 

therefore would not subject any individuals or businesses to new 

regulations. The bill would have little, if any, regulatory impact. 

ECONOMIC IMPACT

The bill, as reported, is not expected to have a significant impact 

on the nation’s economy. 

PRIVACY

The reported bill would not have any adverse impact on the personal privacy of individuals. 

PAPERWORK

The reported bill would not increase paperwork requirements for 

the private sector. The bill would require reports from the Federal 

government. The legislation also would establish a grant program 

through the existing Coastal Zone Management Act grant process 

to provide support to coastal States in developing and implementing their State plans. Applicants to this grant program would 

have to file documents to apply for this program. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides there are no congressionally directed spending items contained in the bill, as reported. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide that the legislation may be cited as 

the ‘‘Climate Change Adaptation Act.’’ 

Section 2. Amendment of National Climate Service Act of 2007 

This section would specify that any changes are in reference to 

the National Climate Service Act of 2007. 

Section 3. Findings 

This section would update and expand the findings to reflect recent studies, data, and assessments, including the Fourth Assessment Report of the IPCC, the National Research Council report 

Evaluating Progress of the U.S. Climate Change Science Program, and the GAO report Climate Change: Agencies Should Develop 

Guidance for Addressing the Effects on Federal Land and Water Resources. 

Section 4. Definitions 

This section would add a definition for ‘‘coastal state’’ based on 

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

1453(4)). 

Section 5. National Climate Program 

This section would establish a National Climate Program to address the emerging needs for climate change information and poliVerDate Aug 31 2005 07:24 Jun 06, 2008 Jkt 069010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\SR347.XXX SR347

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cies for adaptation. The program would include a strategic plan to 

address the impacts of climate change in the United States and establish a National Climate Service within NOAA. S. 2307, a complementary bill introduced by Senators Kerry and Snowe, provides 

details on the components of the National Climate Service. This 

section also would require the President to develop five-year strategic plans, define the program roles for the participating Federal 

officers, departments, and agencies, and provide for program coordination. 

Section 6. National Climate Strategy 

National Strategic Plan for Climate Change Adaptation. This section would require the President to provide the Congress with a 

five-year strategic plan for addressing the impacts of climate 

change within the United States. The plan would be developed in 

consultation with interested stakeholders and submitted within 

two years of the date of enactment of the Act. 

The strategic plan would require that agencies identify existing 

capabilities to address climate change on Federally-managed resources and include measures to improve and integrate such capabilities. The plan also would include recommendations for providing 

information to and coordination with State and local governments, 

and nongovernmental entities to support planning efforts for the 

management of non-Federal resources. The plan would not create 

any new legal right of action. Federal agencies would consider climate change impacts under existing legal authorities and nothing 

in this section would supersede any existing Federal authority. 

Ocean and Coastal Vulnerability and Adaptation. This section 

would require the Secretary of Commerce to coordinate and support 

regional assessments of the vulnerability of coastal and ocean areas 

and resources to the impacts of climate change and ocean acidification. These assessments would be done in conjunction with appropriate Federal, State, and local government entities and would be 

updated every five years. Such assessments would consider information and assessments developed by the Global Change Research 

Program and include the ecological, social, and economic impacts 

on local, State, and regional economies, including the impact on 

abundance or distribution of economically important living marine 

resources. 

This section would require the Secretary of Commerce to prepare 

and submit to the Congress an agency-specific plan that includes 

a coastal and ocean adaptation plan to address the impacts of climate change, ocean acidification, and sea level rise. The plan would 

include recommendations regarding potential Federal flood insurance program modifications, mitigation incentives for coastal land 

use planning, and coastal hazards protocols. 

This section also would require the Secretary of Commerce, acting through NOAA and in coordination with other relevant Federal 

agencies, to establish a program to provide technical planning assistance and products to coastal States and local governments to 

develop their own State and local plans. 

Section 7. Coastal and Ocean Adaptation Grants 

This section would amend the Coastal Zone Management Act of 

1972 (16 U.S.C. 1451 et seq.) by adding a grant program to provide 


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support to coastal States in developing and implementing State 

coastal and ocean adaptation programs. 

Section 8. Authorization of appropriations 

This section would authorize annual appropriations for each of fiscal years 2009 through 2013 of $25,000,000 to implement the 

National Strategic Plan for Climate Change Adaptation, 

$75,000,000 to conduct the regional assessments of coastal and 

ocean vulnerability to the impacts of climate change and ocean 

acidification, and $150,000,000 for the development of coastal and 

ocean adaptation plans, of which 75 percent would be provided to 

the States. 


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1 The text of the National Climate Program Act of 1978 has been modified to reflect amendments that would be made in that Act if S. 2307, as ordered reported by the Committee on December 4, 2007, were enacted before S. 2355 were enacted. The National Climate Service Act 

of 2007 is a title in S. 2307 that would amend the National Climate Program Act. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman):1

NATIONAL CLIMATE PROGRAM ACT 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘National Climate Service Act of 2007’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purpose. 

Sec. 4. Definitions. 

Sec. 5. National Climate Program. 

Sec. 6. National Climate Service. 

Sec. 7. Contract and grant authority. 

Sec. 8. Annual report. 

Sec. 9. Authorization of appropriations.’’. 

SEC. 2. FINDINGS. 

The Congress finds the following: 

(1) Climate change and related hazards affect public safety, 

environmental services and security, human health, agriculture, energy use, water resources, wildlife and other natural 

resources, and other factors vital to national security and 

human welfare. 

(2) The present rate of advance of national efforts in research and development and the application of such advances 

is inadequate to meet the challenges posed by observed and 

projected rates of climate change and the increasing demand 

for information to guide planning and response across all sectors. 

(3) The United States lacks adequate research, infrastructure, and coordinated outreach and communication mechanisms to meet national climate monitoring, prediction, and decision support needs for adapting to and mitigating the impacts of climate change. 

(4) Information regarding climate change is not being fully 

disseminated or used, and Federal efforts have given insufficient attention to assessing and applying this information. 


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(5) Climate change occur on a global basis making international cooperation essential for the purpose of sharing the 

benefits and costs of a global effort to understand and communicate these changes. 

(6) Recent scientific reports by the Intergovernmental Panel 

on Climate Change conclusively found that climate change is 

occurring, and that impacts from climate change can be expected in even shorter time periods than had been previously 

predicted. 

(7) The Panel found that the resilience of many ecosystems is 

likely to be exceeded this century by an unprecedented combination of climate change, associated disturbances such as flooding 

and drought, and other global change drivers such as land-use 

change. 

(8) According to the Panel, approximately 20 to 30 percent of 

plant and animal species assessed so far are likely to be at increased risk of extinction if increases in global average temperature exceed 1.5 to 2.5 degrees Celsius. 

(9) The Panel also found that the progressive acidification of 

oceans due to increasing atmospheric carbon dioxide is expected 

to have negative impacts on marine shell-forming organisms, 

such as corals, and their dependent species. 

(10) The Panel found that coasts will be exposed to increasing 

risks, including coastal erosion, over coming decades due to climate change and sea-level rise, and that adaptation costs for 

vulnerable coasts are much less than the costs of inaction. 

(11) In its September, 2007, study entitled Evaluating 

Progress of the U.S. Climate Change Science Program: Methods 

and Preliminary Results, the National Academy of Sciences 

concluded that there is a tremendous need to improve the delivery of information to decision makers at the Federal, regional, 

and local levels on climate change impacts and to take such impacts into account in planning and in managing resources. 

(12) States and local communities may need Federal assistance in developing and implementing strategies to address the 

impacts of climate change. 

(13) In its August, 2007, report entitled Climate Change: 

Agencies Should Develop Guidance for Addressing the Effects 

on Federal Land and Water Resources, GAO–07–863, the Government Accountability Office found that the Federal Government is not providing the National Oceanic and Atmospheric 

Administration and other Federal agencies that are responsible 

for managing natural resources with the proper tools or policy 

mandates to take the impacts of climate change into account in 

carrying out their responsibilities to manage public resources. 

(14) The National Oceanic and Atmospheric Administration, 

which plays a leading role in the Federal Government’s Global 

Change Research Program, has a key role to play both in predicting impacts of climate change on natural resources and in 

improving data sharing and archiving of climate change research results to facilitate the delivery of information critical to 

adaptation and management to end users. 


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(15) The National Oceanic and Atmospheric Administration 

has a key role to play in addressing the impacts of climate 

change on our Nation’s coastal areas and ocean resources. 

SEC. 4. DEFINITIONS. 

[15 U.S.C. 2903] 

In this Act: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the National Oceanic and Atmospheric Administration. 

(2) ADVISORY COUNCIL.—The term ‘‘Advisory Council’’ refers 

to the Climate Services Advisory Council. 

(3) CLIMATE CHANGE.—The term ‘‘climate change’’ means any 

change in climate over time, whether due to natural variability 

or as a result of human activity. 

(4) COASTAL STATE.—The term ‘‘coastal state’’ has the meaning given that term by section 304((4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4)). 

ø(4)¿ (5) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the National Oceanic and Atmospheric Administration’s National Climate Service. 

ø(5)¿ (6) GLOBAL CHANGE RESEARCH PROGRAM.—The term 

‘‘Global Change Research Program’’ means the United States 

Global Change Research Program established under section 

103 of the Global Change Research Act of 1990 (15 U.S.C. 

2933). 

ø(6)¿ (7) PROGRAM.—The term ‘‘Program’’ means the National Climate Program. 

ø(7)¿ (8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce, acting through the Administrator of the 

National Oceanic and Atmospheric Administration. 

ø(8)¿ (9) SERVICE.—The term ‘‘Service’’ means the National 

Oceanic and Atmospheric Administration’s National Climate 

Service. 

øSEC. 5. NATIONAL CLIMATE PROGRAM.¿ 

[15 U.S.C. 2904] 

ø(a) ESTABLISHMENT.—The President shall establish a National 

Climate Program in accordance with the provisions, findings and 

purposes of this Act. 

ø(b) DUTIES.—The President shall— 

ø(1) promulgate the 5-year plans described in subsection 

(d)(9); 

ø(2) define the roles in the Program of Federal officers, departments, and agencies, including the Departments of Agriculture, Commerce, Defense, Energy, Interior, State, and 

Transportation; the Environmental Protection Agency; the National Aeronautics and Space Administration; the Council on 

Environmental Quality; the National Science Foundation; and 

the Office of Science and Technology Policy; and 

ø(3) provide for Program coordination. 

ø(c) NATIONAL CLIMATE PROGRAM OFFICE.— 

ø(1) The Secretary shall establish within the Department of 

Commerce a National Climate Program Office not later than 

30 days after the date of the enactment of this Act. 


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ø(2) The Office shall— 

ø(A) serve as the lead entity responsible for administering the program; 

ø(B) be headed by a Director who shall represent the 

Climate Program Policy Board and shall be spokesperson 

for the program; 

ø(C) serve as the staff for the Board and its supporting 

committees and working groups; 

ø(D) review each agency budget request transmitted 

under subsection (g)(1) and submit an analysis of the requests to the Board for its review; 

ø(E) be responsible for coordinating interagency participation in international climate-related activities; and 

ø(F) work with the National Academy of Sciences and 

other private, academic, State, and local groups in preparing and implementing the 5-year plan (described in 

subsection (d)(9)) and the program. The analysis described 

in subparagraph (D) shall include an analysis of how each 

agency’s budget request relates to the priorities and goals 

of the program established pursuant to this Act. 

ø(3) The Secretary may provide, through the Office, financial 

assistance, in the form of contracts or grants or cooperative 

agreements, for climate-related activities which are needed to 

meet the goals and priorities of the program set forth in the 

5-year plan pursuant to subsection (d)(9), if such goals and priorities are not being adequately addressed by any Federal department, agency, or instrumentality. 

ø(4) Each Federal officer, employee, department and agency 

involved in the Program shall cooperate with the Secretary in 

carrying out the provisions of this Act. 

ø(d) PROGRAM ELEMENTS.—The Program shall include, but not be 

limited to, the following elements: 

ø(1) assessments of the effect of climate on the natural environment, agricultural production, energy supply and demand, 

land and water resources, transportation, human health and 

national security. Such assessments shall be conducted to the 

maximum extent possible by those Federal agencies having national programs in food, fiber, raw materials, energy, transportation, land and water management, and other such responsibilities, in accordance with existing laws and regulations. 

Where appropriate such assessments may include recommendations for action; 

ø(2) basic and applied research to improve the understanding 

of climate processes, natural and man induced, and the social, 

economic, and political implications of climate change; 

ø(3) methods for improving climate forecasts on a monthly, 

seasonal, yearly, and longer basis; 

ø(4) global data collection, and monitoring and analysis activities to provide reliable, useful and readily available information on a continuing basis; 

ø(5) systems for the management and active dissemination of 

climatological data, information and assessments, including 

mechanisms for consultation with current and potential users; 


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ø(6) measures for increasing international cooperation in climate research, monitoring, analysis and data dissemination; 

ø(7) mechanisms for intergovernmental climate-related studies and services including participation by universities, the private sector and others concerned with applied research and advisory services. Such mechanisms may provide, among others, 

for the following State and regional services and functions: 

ø(A) studies relating to and analyses of climatic effects 

on agricultural production, water resources, energy needs, 

and other critical sectors of the economy; 

ø(B) atmospheric data collection and monitoring on a 

statewide and regional basis; 

ø(C) advice to regional, State, and local government 

agencies regarding climate-related issues; 

ø(D) information to users within the State regarding climate and climatic effects; and 

ø(E) information to the Secretary regarding the needs of 

persons within the States for climate-related services, information, and data. The Secretary may make annual 

grants to any State or group of States, which grants shall 

be made available to public or private educational institutions, to State agencies, and to other persons or institutions qualified to conduct climate-related studies or provide climate-related services; 

ø(8) experimental climate forecast centers, which shall 

ø(A) be responsible for making and routinely updating 

experimental climate forecasts of a monthly, seasonal, annual, and longer nature, based on a variety of experimental techniques; 

ø(B) establish procedures to have forecasts reviewed and 

their accuracy evaluated; and 

ø(C) protect against premature reliance on such experimental forecasts; and 

ø(9) a preliminary 5-year plan, to be submitted to the Congress for review and comment, not later than 180 days after 

the enactment of this Act, and a final 5-year plan to be submitted to the Congress not later than 1 year after the enactment of this Act, that shall be revised and extended at least 

once every four years. Each plan shall establish the goals and 

priorities for the Program, including the intergovernmental 

program described in paragraph (7), over the subsequent 5- 

year period, and shall contain details regarding (A) the role of 

Federal agencies in the programs, (B) Federal funding required 

to enable the Program to achieve such goals, and (C) Program 

accomplishments that must be achieved to ensure that Program goals are met within the time frame established by the 

plan. 

ø(e) CLIMATE PROGRAM POLICY BOARD.—(1) The Secretary shall 

establish and maintain an interagency Climate Program Policy 

Board, consisting of representatives of the Federal agencies specified in subsection (b)(2) and any other agency which the Secretary 

determines should participate in the Program. 

ø(2) The Board shall— 


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ø(A) be responsible for coordinated planning and progress review for the Program; 

ø(B) review all agency and department budget requests related to climate transmitted under subsection (g)(1) and submit 

a report to the Office of Management and Budget concerning 

such budget requests; 

ø(C) establish and maintain such interagency groups as the 

Board determines to be necessary to carry out its activities; 

and 

ø(D) consult with and seek the advice of users and producers 

of climate data, information, and services to guide the Board’s 

efforts, keeping the Director and the Congress advised of such 

contacts. 

ø(3) The Board biennially shall select a Chair from among its 

members. A Board member who is a representative of an agency 

may not serve as Chair of the Board for a term if an individual 

who represented that same agency on the Board served as the 

Board’s Chair for the previous term. 

ø(f) COOPERATION.—(1) The Program shall be conducted so as to 

encourage cooperation with, and participation in the Program by, 

other organizations or agencies involved in related activities. For 

this purpose the Secretary shall cooperate and participate with 

other Federal agencies, and foreign, international, and domestic organizations and agencies involved in international or domestic climate-related programs. 

ø(2) The Secretary and the Secretary of State shall cooperate 

with the Office in (A) providing representation at climate-related 

international meetings and conferences in which the United States 

participates, and (B) coordinating the activities of the Program 

with the climate programs of other nations and international agencies and organizations, including the World Meteorological Organization, the International Council of Scientific Unions, the United 

Nations Environmental Program, the United Nations Educational, 

Scientific, and Cultural Organization, the World Health Organization, and Food and Agriculture Organization. 

ø(g) BUDGETING.—Each Federal agency and department participating in the Program, shall prepare and submit to the Office of 

Management and Budget, on or before the date of submission of departmental requests for appropriations to the Office of Management and Budget, an annual request for appropriations for the Program for the subsequent fiscal year and shall transmit a copy of 

such request to the National Climate Program Office. The Office of 

Management and Budget shall review the request for appropriations as an integrated, coherent, multi-agency request.¿ 

SEC. 5. NATIONAL CLIMATE PROGRAM. 

(a) ESTABLISHMENT.—There is hereby established a National Climate Program in accordance with the findings and purposes of this 

Act. 

(b) PROGRAM ELEMENTS.— 

(1) IN GENERAL.—The Program shall include— 

(A) a strategic planning process to address the impacts of 

climate change within the United States; and 

(B) a National Climate Service to be established within 

the National Oceanic and Atmospheric Administration. 


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(c) DUTIES.—The President shall— 

(1) develop the 5-year plans described in section 9; 

(2) define the roles in the Program of Federal officers, departments, and agencies, including the Departments of Agriculture, 

Commerce, Defense, Energy, Interior, State, and Transportation; the Environmental Protection Agency; the National Aeronautics and Space Administration; the Council on Environmental Quality; the National Science Foundation; and the Office of Science and Technology Policy; and 

(3) provide for Program coordination. 

* * * * * * * 

SEC. 9. NATIONAL STRATEGIC PLAN FOR CLIMATE CHANGE ADAPTATION. 

(a) IN GENERAL.—Not later than 2 years after the date of enactment of the Climate Change Adaptation Act, the President shall 

provide to the Congress a 5-year national strategic plan to address 

the impacts of climate change within the United States. The President shall provide a mechanism for consulting with States and local 

governments, the private sector, universities, and other nongovernmental entities in developing the plan. The plan shall be updated 

at least every 5 years. 

(b) CONTENTS OF PLAN.—The plan shall, at a minimum— 

(1) identify existing Federal requirements, protocols, and capabilities for addressing climate change impacts on federally 

managed resources and with respect to Federal actions and 

policies; 

(2) identify measures to improve such capabilities and the utilization of such capabilities; 

(3) include guidance for integrating the consideration of the 

impacts of climate change on Federally-managed resources, and 

in Federal actions and policies, consistent with existing authorities; 

(4) address vulnerabilities and priorities identified through 

the assessments carried out under the Global Change Research 

Act of 1990 and this Act; 

(5) establish a mechanism for the exchange of information related to addressing the impacts of climate change with, and 

provide technical assistance to, State and local governments 

and nongovernmental entities; 

(6) recommend specific partnerships with State and local governments and nongovernmental entities to support and coordinate implementation of the plan; 

(7) include implementation and funding strategies for shortterm and long-term actions that may be taken at the national, 

regional, State, and local level, taking into account existing 

planning and other requirements; 

(8) establish a process to develop more detailed agency and 

department-specific plans; 

(9) identify opportunities to utilize observations from both 

ground-based and remote sensing platforms and other 

geospatial technologies to improve planning for adaptation to 

climate change impacts; 


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(10) identify existing legal authorities and additional authorities necessary to implement the plan; 

(11) identify existing high resolution elevation data and bathymetric data and develop a prioritized plan for filling existing 

gaps; and 

(12) include appropriate steps for partnerships with international organizations and foreign governments on international activities to address climate change impacts, including 

the sharing of technical assistance and capacity-building expertise.. 

(c) INTERIM ACTIVITIES.—Nothing in this section shall be understood to prevent any Federal agency or department to take climate 

change impacts into account, consistent with its existing authorities, 

until the requirements of this section are implemented. Federal 

agencies are presently encouraged to take climate change into account under all existing relevant authorities to the maximum extent 

practicable and consistent with those authorities. 

(d) COORDINATION.—The President shall ensure that the mechanism to provide information related to addressing the impacts of climate change to State and local governments and nongovernmental 

entities is appropriately coordinated or integrated with existing programs that provide similar information on climate change predictions. 

(e) RELATIONSHIP TO OTHER AUTHORITIES.—Nothing in this section shall supersede any Federal authority in effect on the date of 

enactment of the Climate Change Adaptation Act or create any new 

legal right of action. 

SEC. 10. OCEAN AND COASTAL VULNERABILITY AND ADAPTATION. 

(a) COASTAL AND OCEAN VULNERABILITY.— 

(1) IN GENERAL.—Within 2 years after the date of enactment 

of the Climate Change Adaptation Act, the Secretary of Commerce shall, in consultation with the appropriate Federal, 

State, and local governmental entities, coordinate and support 

regional assessments of the vulnerability of coastal and ocean 

areas and resources, including living marine resources, to hazards associated with climate change, and ocean acidification including— 

(A) variations in sea level including long-term sea level 

rise; 

(B) fluctuation of Great Lakes water levels; 

(C) increases in severe weather events; 

(D) natural hazards and events including storm surge, 

precipitation, flooding, inundation, drought, and fires; 

(E) changes in sea ice; 

(F) changes in ocean currents impacting global heat 

transfer; 

(G) increased siltation due to coastal erosion; 

(H) shifts in the hydrological cycle; and 

(I) alteration of ecological communities, including at the 

ecosystem or watershed levels. 

(2) FACTORS.—In preparing the regional coastal assessments, 

the Secretary shall take into account the information and assessments being developed pursuant to the Global Change ReVerDate Aug 31 2005 07:24 Jun 06, 2008 Jkt 069010 PO 00000 Frm 00017 Fmt 6604 Sfmt 6603 E:\HR\OC\SR347.XXX SR347

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search Program. The regional assessments shall include an 

evaluation of— 

(A) observed and projected physical, biological, and ecological impacts, such as coastal erosion, flooding and loss 

of estuarine habitat, saltwater intrusion of aquifers and 

saltwater encroachment, coral reef bleaching, impacts on 

food web distribution, impacts on marine habitat and ecosystem productivity, species migration, species abundance 

and distribution, and changes in marine pathogens and 

diseases; 

(B) social and cultural impacts associated with threats to 

and potential losses of housing, communities, recreational 

opportunities, aesthetic values, and infrastructure; and 

(C) economic impacts on local, State, and regional economies, including the impact on abundance or distribution of 

economically important living marine resources. 

(3) UPDATES.—The Secretary shall update such assessments 

at least once every 5 years. 

(b) COASTAL AND OCEAN ADAPTATION PLAN.—The Secretary shall, 

within 3 years after the date of enactment of the Climate Change 

Adaptation Act, submit to the Congress an agency-specific plan, as 

required by section 9(c). The plan shall include a national coastal 

and ocean adaptation plan, composed of individual regional adaptation plans that recommend targets and strategies to address coastal and ocean impacts associated with climate change, ocean acidification, and sea level rise. The plan shall serve as the agency-specific 

plan. The plan shall be developed with the participation of other 

Federal, State, and local government agencies that will be critical 

in the implementation of the plan at the State and local levels and 

shall take into account the results of the regional assessments to be 

conducted under subsection (a), the work of the Global Change Research Program, and recommendations of the National Science 

Board in its January 12, 2007, report entitled Hurricane Warning: 

The Critical Need for a National Hurricane Research Initiative and 

other relevant studies, and not duplicate existing Federal and State 

hazard planning requirements. The Plan shall include both shortand long-term adaptation strategies and shall include, at a minimum, recommendations regarding— 

(1) Federal flood insurance program modifications; 

(2) areas that have been identified as high risk through mapping and assessment; 

(3) mitigation incentives such as rolling easements, strategic 

retreat, State or Federal acquisition in fee simple or other interest in land, construction standards, infrastructure planning, 

and zoning; 

(4) land and property owner education; 

(5) economic planning for small communities dependent upon 

affected coastal and ocean resources, including fisheries; 

(6) coastal hazards protocols to reduce the risk of damage to 

lives and property, and reduce threats to public health and a 

process for evaluating the implementation of such protocols; 

(7) strategies to address impacts on critical biological and ecological processes, giving a priority to the most vulnerable natural resources and communities; 


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(8) proposals to integrate measures into the actions and policies of the National Oceanic and Atmospheric Administration 

and other Federal agencies, as appropriate; 

(9) a plan for additional observations, research, modeling, assessment and information products,environmental data stewardship, and development of technologies and capabilities to 

address such impacts; 

(10) a plan for data archive and access, and processes for 

sharing data and information for addressing such impacts; 

(11) plans to pursue bilateral and multilateral agreements 

necessary to effectively address such impacts; 

(12) partnerships with States and nongovernmental organizations; 

(13) methods to mitigate the impacts identified, including 

habitat protection and restoration measures; and 

(14) funding requirements and mechanisms. 

(c) TECHNICAL PLANNING ASSISTANCE.—The Secretary, through 

the National Oceanic and Atmospheric Administration and in coordination with other Federal agencies with existing authorities concerning hazard mitigation planning, shall establish a coordinated 

program to provide technical planning assistance and products to 

coastal States and local governments as they develop and implement adaptation or mitigation strategies and plans. Products, information, tools and technical expertise generated from the development of the regional coastal and ocean assessments and the coastal 

and ocean adaptation plans will be made available to coastal States 

for the purposes of developing their own State and local plans. 

SEC. ø9.¿ 11. AUTHORIZATION OF APPROPRIATIONS. 

[15 U.S.C. 2908] 

(a) NATIONAL CLIMATE SERVICE.—There are authorized to be appropriated to the Secretary to carry out sections 6, 7, and 8 of this 

Act— 

(1) $300,000,000 for fiscal year 2009; 

(2) $350,000,000 for fiscal year 2010; 

(3) $400,000,000 for fiscal year 2011; 

(4) $450,000,000 for fiscal year 2012; and 

(5) $500,000,000 for fiscal year 2013. 

(b) NATIONAL STRATEGY.—In addition to any other funds otherwise authorized to be appropriated, there are authorized to be appropriated for each of fiscal years 2009 through 2013 $25,000,000 

to carry out section 9. 

(c) COASTAL AND OCEAN ASSESSMENTS.—In addition to any other 

funds otherwise authorized to be appropriated, there are authorized 

to be appropriated to the Secretary $75,000,000 for each of fiscal 

years 2009 through 2013 to carry out section 10(a). 

(d) COASTAL AND OCEAN ADAPTATION PLAN.—In addition to any 

other funds otherwise authorized to be appropriated, there are authorized to be appropriated for each of fiscal years 2009 through 

2013 $150,000,000, of which 75 percent shall be for State plans. 


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COASTAL ZONE MANAGEMENT ACT OF 1972 

[16 U.S.C. 1451 et seq.] 

SEC. 320. CLIMATE CHANGE ADAPTATION PLANS. 

(a) GRANTS.—The Secretary shall provide grants of financial assistance to coastal states with federally approved coastal zone management programs to develop and begin implementing coastal and 

ocean adaptation programs. 

(b) ALLOCATION OF FUNDS.—The Secretary shall distribute grant 

funds under subsection (a) among coastal States in accordance with 

the formula established under section 306(c) of this Act, adjusted in 

consultation with the States as necessary to provide assistance to 

particularly vulnerable coastlines. 

(c) PLAN CONTENT.—In order to receive financial assistance under 

this section, a plan must be approved by the Secretary, and be consistent with and further the goals of the coastal and ocean adaptation plan to be developed pursuant to section 10 of the National Climate Service Act of 2007, and be consistent with such State’s coastal 

management program. 

(d) STATE HAZARD MITIGITATION PLANS.—Plans developed by 

States pursuant to this section shall be consistent with State hazard 

mitigation plans developed under State or Federal law. 

Æ 


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