II

106TH CONGRESS

1ST SESSION S. 882

To strengthen provisions in the Energy Policy Act of 1992 and the Federal

Nonnuclear Energy Research and Development Act of 1974 with respect

to potential Climate Change.

IN THE SENATE OF THE UNITED STATES

APRIL 27, 1999

Mr. MURKOWSKI (for himself, Mr. HAGEL, Mr. SMITH of Oregon, Mr. BYRD,

Mr. CRAIG, Mr. ROBERTS, Mr. GRAMS, Mr. HUTCHINSON, Mr. ENZI, and

Mr. MCCAIN), introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To strengthen provisions in the Energy Policy Act of 1992

and the Federal Nonnuclear Energy Research and Development Act of 1974 with respect to potential Climate

Change.

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 and Climate

5 Policy Act of 1999’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
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1 (1) although there are significant uncertainties

2 surrounding the science of climate change, human

3 activities may contribute to increasing global con4 centrations of greenhouse gases in the atmosphere,

5 which in turn may ultimately contribute to global cli6 mate change beyond that resulting from natural var7 iability;

8 (2) the characteristics of greenhouse gases and

9 the physical nature of the climate system require

10 that any stabilization of atmospheric greenhouse gas

11 concentrations must be a long-term effort under12 taken on a global basis;

13 (3) since developing countries will constitute the

14 major source of greenhouse gas emissions early in

15 the 21st century, all nations must share in an effec16 tive international response to potential climate

17 change;

18 (4) environmental progress and economic pros19 perity are interrelated;

20 (5) effective greenhouse gas management ef21 forts depend on the development of long-term, cost22 effective technologies and practices that can be de23 veloped, refined, and deployed commercially in an or24 derly manner in the United States and around the

25 world;
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1 (6) in its present form as signed by the Admin2 istration, the Kyoto Protocol to the United Nations

3 Framework Convention on Climate Change fails to

4 meet the minimum conditions of Senate Resolution

5 98, 105th Congress, which was adopted by the Sen6 ate on July 25, 1997, by a vote of 95–0;

7 (7) the President has not submitted the Kyoto

8 protocol to the Senate for debate and advice and

9 consent to ratification under article II, section 2,

10 clause 2 of the United States Constitution and has

11 indicated that the Administration has no intention

12 to do so in the foreseeable future, or to implement

13 any portion of the Kyoto protocol prior to its ratifi14 cation in the Senate.

15 (b) PURPOSE.—The purpose of this Act is to

16 strengthen provisions of the Energy Policy Act of 1992

17 (42 U.S.C. 13381 et seq.) and the Federal Nonnuclear

18 Energy Research and Development Act of 1974 (42

19 U.S.C. 5901 et seq.) to—

20 (1) further promote voluntary efforts to reduce

21 or avoid greenhouse gas emissions and improve en22 ergy efficiency;

23 (2) focus Department of Energy efforts in this

24 area; and
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1 (3) authorize and undertake a long-term re2 search, development, and demonstration program

3 to—

4 (A) develop new and enhance existing tech5 nologies that reduce or avoid anthropogenic

6 emissions of greenhouse gases;

7 (B) develop new technologies that could re8 move and sequester greenhouse gases from

9 emissions streams; and

10 (C) develop new technologies and practices

11 to remove and sequester greenhouse gases from

12 the atmosphere.

13 SEC. 3. OFFICE OF GLOBAL CLIMATE CHANGE.

14 Section 1603 of the Energy Policy Act of 1992 (42

15 U.S.C. 13383) is amended—

16 (1) in the section heading, by striking ‘‘DI17 RECTOR OF CLIMATE PROTECTION’’

18 and inserting ‘‘OFFICE OF GLOBAL CLI19 MATE CHANGE’’; and

20 (2) by striking the first sentence and inserting

21 the following:

22 ‘‘(a) ESTABLISHMENT.—There is established by this

23 Act in the Department of Energy an Office of Global Cli24 mate Change.
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1 ‘‘(b) FUNCTION.—The Office shall serve as a focal

2 point for coordinating for the Secretary and Congress all

3 departmental issues and policies regarding climate change

4 and related matters.

5 ‘‘(c) DIRECTOR.—The Secretary shall appoint a di6 rector of the Office, who—

7 ‘‘(1) shall be compensated at no less than level

8 IV of the Executive Schedule;

9 ‘‘(2) shall report to the Secretary; and

10 ‘‘(3) at the request of the Committees of the

11 Senate and House of Representatives with appro12 priation and legislative jurisdiction over programs

13 and activities of the Department of Energy, shall re14 port to Congress on the activities of the Office.’’;

15 (3) in the second sentence, by striking ‘‘The Di16 rector’’ and inserting the following:

17 ‘‘(d) DUTIES.—The Director’’; and

18 (4) in subsection (c) (as designated by para19 graph (2)), by striking paragraphs (2) and (3) and

20 inserting the following:

21 ‘‘(2) participate, in cooperation with other fed22 eral agencies, in the development and monitoring of

23 domestic and international policies for their effects

24 on any kind of climate change globally and domesti-
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1 cally and on the generation, reduction, avoidance,

2 and sequestration of greenhouse gases;

3 ‘‘(3) develop and implement a balanced, sci4 entifically sound, nonadvocacy educational and in5 formative public awareness program on—

6 ‘‘(A) potential global climate change, in7 cluding any known adverse and beneficial ef8 fects on the United States and the economy of

9 the United States and the world economy, tak10 ing into consideration whether those effects are

11 known or expected to be temporary, long-term,

12 or permanent; and

13 ‘‘(B) voluntary means and measures to

14 mitigate or minimize significant adverse effects

15 and, where appropriate, to adapt, to the great16 est extent practicable, to climate change;

17 ‘‘(4) provide, consistent with applicable provi18 sions of law (including section 1605 (b)(3)), public

19 assess to all information on climate change, effects

20 of climate change, and adaptation to climate change;

21 ‘‘(5) promote and cooperate in the research, de22 velopment, demonstration, and diffusion of environ23 mentally sound, cost-effective and commercially

24 practicable technologies, practices and processes that

25 avoid, sequester, control, or reduce anthropogenic
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1 emissions of greenhouse gases not controlled by the

2 Montreal Protocol for all relevant economic sectors,

3 including, where appropriate, the transfer of envi4 ronmentally sound, cost-effective and commercially

5 practicable technologies, practices, and processes de6 veloped with Federal funds by the Department of

7 Energy or any of its facilities and laboratories to in8 terested persons in the United States and to devel9 oping country Parties to the United Nations Frame10 work Convention on Climate Change, and Parties

11 thereto with economies in transition to market-based

12 economies, consistent with, and subject to, any ap13 plicable Federal law, including patent and intellec14 tual property laws, and any applicable contracts, and

15 taking into consideration the provisions and pur16 poses of section 1608; and

17 ‘‘(6) have the authority to participate in the

18 planning activities of relevant Department of Energy

19 programs.’’.

20 SEC. 4. NATIONAL INVENTORY AND VOLUNTARY REPORT21 ING OF GREENHOUSE GASES.

22 (a) Section 1605 of the Energy Policy Act of 1992

23 (42 U.S.C. 13385) is amended—

24 (1) by amending the second sentence of sub25 section (a) to read as follows—
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1 ‘‘The Administrator of the Energy Infor2 mation Administration shall annually update

3 and analyze such inventory using available data,

4 including beginning in calendar year 2001, in5 formation collected as a result of voluntary re6 porting under subsection (b). The inventory

7 shall identify for calendar year 2001 and there8 after the amount of emissions reductions attrib9 uted to those reported under subsection (b).’’;

10 (2) by amending subsection (b)(1)(B) and (C)

11 to read as follows—

12 ‘‘(B) annual reductions or avoidance of green13 house gas emissions and sequestration and carbon

14 fixation achieved through any measures, including

15 agricultural activities, cogeneration, appliance effi16 ciency, energy efficiency, forestry activities that in17 crease carbon sequestration stocks (including the use

18 of forest products), fuel switching, management of

19 grasslands and drylands, manufacture or use of ve20 hicles with reduced greenhouse gas emissions, meth21 ane recovery, ocean seeding, use of renewable en22 ergy, chlorofluorocarbon capture and replacement,

23 and power plant heat rate improvement; and

24 ‘‘(C) reductions in, or avoidance of, greenhouse

25 gas emissions achieved as a result of voluntary ac-
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1 tivities domestically, or internationally, plant or fa2 cility closings, and State or Federal requirements.’’;

3 (3) by striking in the first sentence of sub4 section (b)(2) the word ‘‘entities’’ and inserting

5 ‘‘persons or entities’’ and in the second sentence of

6 such subsection, by inserting after ‘‘Persons’’ the

7 words ‘‘or entities’’;

8 (4) by inserting in the second sentence of sub9 section (b)(4) the words ‘‘persons or’’ before ‘‘enti10 ty’’; and

11 (5) by adding after subsection (b)(4) the fol12 lowing new paragraphs—

13 ‘‘(5) RECOGNITION OF VOLUNTARY REDUCTIONS OR

14 AVOIDED EMISSIONS OF GREENHOUSE GASES.—In order

15 to encourage and facilitate new and increased voluntary

16 efforts on a continuing basis, particularly by persons and

17 entities in the private sector, to reduce global emissions

18 of greenhouse gases, including voluntary efforts to limit,

19 control, sequester, and avoid such emissions, the Secretary

20 shall promptly develop and establish, after an opportunity

21 for public comment of at least 60 days, a program of giv22 ing annual public recognition, beginning not later than

23 January 31, 2001, to all reporting persons and entities

24 demonstrating, pursuant to the voluntary collections and

25 reporting guidelines issued under this section, voluntarily
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1 achieved greenhouse gases reductions, including such in2 formation reported prior to the enactment of this para3 graph. Such recognition shall be based on the information

4 certified, subject to 18 U.S.C. 1001, by such persons or

5 entities for accuracy as provided in paragraph 2 of this

6 subsection. At a minimum such recognition shall annually

7 be published in the Federal Register.

8 ‘‘(6) CHANGES IN GUIDELINES TO IMPROVE ACCU9 RACY AND RELIABILITY.—The Secretary of Energy,

10 through the Administrator of the Energy Information Ad11 ministration, shall conduct a review, which shall include

12 an opportunity for public comment, of what, if any,

13 changes should be made to the guidelines established

14 under this section regarding the accuracy and reliability

15 of greenhouse gas reductions and related information re16 ported under this section. Any such review shall give con17 siderable weight to the voluntary nature of this section

18 and to the purpose of encouraging voluntary greenhouse

19 gas emission reductions by the private sector. Changes to

20 be reviewed shall include the need for, and the appro21 priateness of—

22 ‘‘(A) a random or other verification process

23 using the authorities available to the Administrator

24 under other provisions of law;
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1 ‘‘(B) a range of reference cases for reporting of

2 project-based activities in sectors, including, but not

3 limited to, the measures specified in subparagraph

4 (1)(B) of this subsection, and the inclusion of bench5 mark and default methodologies for use in the ref6 erence cases for ‘greenfield’ projects; and

7 ‘‘(C) provisions to address the possibility of re8 porting, inadvertently or otherwise, of some or all of

9 the same greenhouse gas emissions reductions by

10 more than one reporting entity or person and to

11 make corrections where necessary.

12 The review should consider the costs and benefits of

13 any such changes, the impacts on encouraging participa14 tion in this section, including by farmers and small busi15 nesses, and the need to avoid creating undue economic ad16 vantages or disadvantages for persons or entities of the

17 private sector. The review should provide, where appro18 priate, a range of reasonable options that are consistent

19 with the voluntary nature of this section and that will help

20 further the purposes of this section. The review should be

21 available in draft form for public comment at least 45 days

22 before it is submitted to the Committee on Energy and

23 Natural Resources of the Senate and the Committee on

24 Commerce of the House of Representatives. Such sub25 mittal should be made by December 31, 2000. If the Sec-
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1 retary, in consultation with the Administrator, finds,

2 based on the study results, that such changes are likely

3 to be beneficial and cost effective in improving the accu4 racy and reliability of reported greenhouse gas reductions

5 and related information, are consistent with the voluntary

6 nature of this section, and furthers the purposes of this

7 section, the Secretary shall propose and promulgate, con8 sistent with such finding, such guidelines, together with

9 such findings. In carrying out the provisions of this para10 graph, the Secretary shall consult with the Secretary of

11 Agriculture and the Administrator of the Small Business

12 Administration to facilitate greater participation by small

13 business and farmers in this subsection for the purpose

14 of addressing greenhouse gas emission reductions and re15 porting such reductions.’’.

16 (6) in subsection (c), by inserting ‘‘the Sec17 retary of the Department of Agriculture, the Sec18 retary of the Department of Commerce, the Admin19 istrator of the Energy Information Administration,

20 and’’ before ‘‘the Administrator’’.

21 (b) The Secretary shall revise, after opportunity for

22 public comment, the guidelines issued under section

23 1605(b) of the Energy Policy Act of 1992 to reflect the

24 amendments made to such section 1605(b) by subsection

25 (a)(2) through (4) of this section not later than 18 months
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1 after the date of enactment of this Act. Such revised

2 guidelines shall specify their effective date.

3 (c) The provisions of subsection (a) (5) and (6) of

4 this section shall be effective on the date of enactment of

5 this Act.

6 SEC. 5. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT

7 AND DEMONSTRATION PROGRAM.

8 Subtitle B of title XXI of the Energy Policy Act of

9 1992 (42 U.S.C. 13471) is amended by adding the fol10 lowing new subsection:

11 ‘‘SEC. 2120. CLIMATE TECHNOLOGY RESEARCH, DEVELOP12 MENT AND DEMONSTRATION PROGRAM.

13 ‘‘(a) PURPOSE.—The purpose of this section is to di14 rect the Secretary to further the goals of development and

15 commercialization of technologies, through widespread ap16 plication and utilization of which will assist in stabilizing

17 global concentrations of greenhouse gases, by the conduct

18 of a long-term research, development, and demonstration

19 program undertaken with selected industry participants or

20 consortia.

21 ‘‘(b) PROGRAM.—The Secretary, in consultation with

22 the Advisory Board established under section 2302, shall

23 establish a long-term Climate Technology Research, De24 velopment, and Demonstration Program, in accordance

25 with sections 3001 and 3002.
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1 ‘‘(c) PROGRAM OBJECTIVES.—The program shall

2 foster—

3 ‘‘(1) development of new technologies and the

4 enhancement of existing technologies that reduce or

5 avoid anthropogenic emissions of greenhouse gases

6 and improve energy efficiency;

7 ‘‘(2) development of new technologies that are

8 able to remove and sequester greenhouse gases from

9 emissions streams; and

10 ‘‘(3) development of new technologies and prac11 tices to remove and sequester greenhouse gases from

12 the atmosphere.

13 ‘‘(d) PROGRAM PLAN.—

14 ‘‘(1) INITIAL PLAN.—Not later than 180 days

15 after the date of enactment of this section, the Sec16 retary, in consultation with appropriate representa17 tives of industry, institutions of higher education,

18 Department of Energy national laboratories, and

19 professional and technical societies, shall prepare

20 and submit to the Congress a 10-year program plan

21 to guide activities under this section.

22 ‘‘(2) BIENNIAL UPDATE.—The Secretary shall

23 biennially update and resubmit the program plan to

24 the Congress.

25 ‘‘(e) PROPOSALS.—
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1 ‘‘(1) SOLICITATION.—Not later than one year

2 after the date of submittal of the 10-year program

3 plan, and consistent with sections 3001 and 3002,

4 the Secretary shall solicit proposals for conducting

5 activities consistent with the 10-year program plan

6 and select one or more proposals not later than 180

7 days after such solicitations.

8 ‘‘(2) QUALIFICATIONS.—In order for a proposal

9 to be considered by the Secretary, an applicant shall

10 provide evidence that the applicant has in

11 existence—

12 ‘‘(A) the technical capability to enable it to

13 make use of existing research support and fa14 cilities in carrying out its research objectives;

15 ‘‘(B) a multi-disciplinary research staff ex16 perienced in—

17 ‘‘(i) energy generation, transmission,

18 distribution and end-use technologies; or

19 ‘‘(ii) technologies or practices able to

20 sequester, avoid, or capture greenhouse gas

21 emissions; or

22 ‘‘(iii) other directly related tech23 nologies or practices;

24 ‘‘(C) access to facilities and equipment to

25 enable the conduct of laboratory-scale testing or
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1 demonstration of technologies or related proc2 esses undertaken through the program.

3 ‘‘(3) PROPOSAL CRITERIA.—Each proposal

4 shall—

5 ‘‘(A) demonstrate the support of the rel6 evant industry by describing—

7 ‘‘(i) how the relevant industry has

8 participated in deciding what research ac9 tivities will be undertaken;

10 ‘‘(ii) how the relevant industry will

11 participate in the evaluation of the appli12 cant’s progress in research and develop13 ment activities; and

14 ‘‘(iii) the extent to which industry

15 funds are committed to the applicant’s

16 submission;

17 ‘‘(B) have a commitment for matching

18 funds from non-Federal sources, which shall

19 consist of—

20 ‘‘(i) cash; or

21 ‘‘(ii) as determined by the Secretary,

22 the fair market value of equipment, serv23 ices, materials, appropriate technology

24 transfer activities, and other assets directly

25 related to the proposal’s cost;
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1 ‘‘(C) include a single-year and multi-year

2 management plan that outline how the research

3 and development activities will be administered

4 and carried out;

5 ‘‘(D) state the annual cost of the proposal

6 and a breakdown of those costs; and

7 ‘‘(E) describe the technology transfer

8 mechanisms that the applicant will use to make

9 available research results to industry and to

10 other researchers.

11 ‘‘(4) CONTENTS OF PROPOSAL.—A proposal

12 under this subsection shall include—

13 ‘‘(A) an explanation of how the proposal

14 will expedite the research, development, dem15 onstration, and commercialization of tech16 nologies capable of—

17 ‘‘(i) reducing or avoiding anthropo18 genic emissions of greenhouse gases;

19 ‘‘(ii) removing and sequestering green20 house gases from emissions streams; or

21 ‘‘(iii) removing and sequestering

22 greenhouse gases from the atmosphere.

23 ‘‘(B) evidence of consideration of whether

24 the unique capabilities of Department of En25 ergy national laboratories warrant collaboration
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1 with those laboratories, and the extent of the

2 collaboration proposed;

3 ‘‘(C) a description of the extent to which

4 the proposal includes collaboration with relevant

5 industry or other groups or organizations;

6 ‘‘(D) evidence of the ability of the appli7 cant to undertake and complete the proposed

8 project;

9 ‘‘(E) evidence of applicant’s ability to suc10 cessfully introduce the technology into com11 merce, as demonstrated by past experience and

12 current relationships with industry; and

13 ‘‘(F) a demonstration of continued finan14 cial commitment during the entire term of the

15 proposal from all industrial sectors involved in

16 the technology development.

17 ‘‘(f) SELECTION OF PROPOSALS.—From the pro18 posals submitted, the Secretary shall select for funding

19 one or more proposals that—

20 ‘‘(1) will best result in carrying out needed re21 search, development, and demonstration related to

22 technologies able to assist in the stabilization of

23 global greenhouse gas concentrations through one or

24 more of the following approaches—
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1 ‘‘(A) improvement in the performance of

2 fossil-fueled energy technologies;

3 ‘‘(B) development of greenhouse gas cap4 ture and sequestration technologies and proc5 esses;

6 ‘‘(C) cost reduction and acceleration of de7 ployment of renewable resource and distributed

8 generation technologies;

9 ‘‘(D) development of an advanced nuclear

10 generation design; and

11 ‘‘(E) improvement in the efficiency of elec12 trical generation, transmission, distribution,

13 and end use;’’

14 ‘‘(F) design and use of—

15 ‘‘(i) closed-loop multi-stage industrial

16 processes that minimize raw material con17 sumption and waste streams;

18 ‘‘(ii) advanced co-production systems

19 (such as coal-based chemical processing

20 and biomass fuel processing); and

21 ‘‘(iii) recycling and industrial-ecology

22 programs integrating energy efficiency.

23 ‘‘(2) represent research and development in spe24 cific areas identified in the program plan developed
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1 biennially by the Secretary and submitted to Con2 gress under subsection (c);

3 ‘‘(3) demonstrate strong industry support;

4 ‘‘(4) ensure the timely transfer of technology to

5 industry; and

6 ‘‘(5) otherwise best carry out this section.

7 ‘‘(g) ANNUAL PROGRESS REPORTS.—The Director of

8 the Office of Science and Technology, in consultation with

9 the Director of the Office of Management and Budget,

10 shall prepare and submit an annual report to Congress

11 that—

12 ‘‘(1) certifies that the program objectives are

13 adequately focused, peer-reviewed and merit-re14 viewed, and not unnecessarily duplicative with the

15 science and technology research being conducted by

16 other Federal agencies and agents, and

17 ‘‘(2) states whether the program as conducted

18 in the prior year addresses an adequate breadth and

19 range of technologies and solutions to address an20 thropogenic climate change, including—

21 ‘‘(A) capture and sequestration of green22 house gas emissions;

23 ‘‘(B) development of photovoltaic, high-ef24 ficiency coal, advanced nuclear, and fuel cell

25 generation technologies;
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1 ‘‘(C) cost reduction and acceleration of de2 ployment of renewable resource and distributed

3 generation technologies; and

4 ‘‘(D) improvement in the efficiency of elec5 trical generation, transmission, distribution,

6 and end use;

7 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to carry out this section

9 $200,000,000 for each of fiscal years 2001 through 2010,

10 to remain available until expended. This authorization is

11 supplemental to existing authorities and shall not be con12 strued as a cap on the Department of Energy’s Research,

13 Development and Demonstration programs.’’.

14 SEC. 6. COMPREHENSIVE PLAN AND IMPLEMENTING PRO15 GRAM FOR ENERGY RESEARCH, DEVELOP16 MENT, AND DEMONSTRATION.

17 Section 6 of the Federal Nonnuclear Energy Re18 search and Development Act of 1974 (42 U.S.C. 5905)

19 is amended—

20 (1) in subsection (a)—

21 (A) in paragraph (2), by striking ‘‘and’’ at

22 the end;

23 (B) in paragraph (3) by striking the period

24 at the end and inserting ‘‘, and’’; and

25 (C) by adding at the end the following:
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1 ‘‘(4) solutions to the effective management of

2 greenhouse gas emissions in the long term by the de3 velopment of technologies and practices designed

4 to—

5 ‘‘(A) reduce or avoid anthropogenic emis6 sions of greenhouse gases;

7 ‘‘(B) remove and sequester greenhouse

8 gases from emissions streams; and

9 ‘‘(C) remove and sequester greenhouse

10 gases from the atmosphere.’’; and

11 (2) in subsection (b)—

12 (A) in paragraph (2), by striking ‘‘sub13 section (a)(1) through (3)’’ and inserting

14 ‘‘paragraphs (1) through (4) of subsection (a);

15 and

16 (B) in paragraph (3)—

17 (i) in subparagraph (R), by striking

18 ‘‘and’’ at the end;

19 (ii) in subparagraph (S), by striking

20 the period at the end and inserting ‘‘;

21 and’’; and

22 (iii) by adding at the end the fol23 lowing:

24 ‘‘(T) to pursue a long-term climate tech25 nology strategy designed to demonstrate a vari-
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1 ety of technologies by which stabilization of

2 greenhouse gases might be best achieved,

3 including—

4 ‘‘(i) the accelerated commercial dem5 onstration of low-cost and high efficiency

6 photovoltaic power systems;

7 ‘‘(ii) advanced clean coal technology;

8 ‘‘(iii) advanced nuclear power plant

9 design;

10 ‘‘(iv) fuel cell technology development

11 for cost-effective application in residential,

12 industrial and transportation applications;

13 ‘‘(v) low cost carbon sequestration

14 practices and technologies including bio15 technology, tree physiology, soil produc16 tivity and remote sensing;

17 ‘‘(vi) hydro and other renewables;

18 ‘‘(vii) electrical generation, trans19 mission and distribution technologies and

20 end use technologies; and

21 ‘‘(viii) bio-energy technology.’’

22 SEC. 7. DEFINITIONS.

23 For the purpose of this Act and the provisions of the

24 Energy Policy Act of 1992 (42 U.S.C. 13381, et seq.) and

25 the provisions of the Federal Nonnuclear Energy Research
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1 and Development Act of 1974 (42 U.S.C. 5901, et seq.)

2 which statutes are amended by this Act, these terms are

3 defined as follows:

4 ‘‘(1) AGRICULTURAL ACTIVITY.—The term ‘ag5 ricultural activity’ means livestock production, crop6 land cultivation, biogas recovery and nutrient man7 agement.

8 ‘‘(2) CLIMATE CHANGE.—The term ‘climate

9 change’ means a change of climate which is attrib10 uted directly or indirectly to human activity which is

11 in addition to natural climate variability observed

12 over comparable time periods.

13 ‘‘(3) CLIMATE SYSTEM.—The term ‘climate sys14 tem’ means the totality of the atmosphere, hydro15 sphere, biosphere and geosphere and their inter16 actions.

17 ‘‘(4) GREENHOUSE GASES.—The term ‘green18 house gases’ means those gaseous constituents of the

19 atmosphere, both natural and anthropogenic, that

20 absorb and re-emit infrared radiation.

21 ‘‘(5) GREENHOUSE GAS REDUCTION.—The term

22 ‘greenhouse gas reduction’ means 1 metric ton of

23 greenhouse gas (expressed in terms of carbon diox24 ide equivalent) that is voluntarily certified to have
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1 been achieved under section 1605 of the Energy Pol2 icy Act of 1992 (42 U.S.C. 13385).

3 ‘‘(6) GREENHOUSE GAS SEQUESTRATION.—The

4 term ‘greenhouse gas sequestration’ means extract5 ing one or more greenhouse gases from the atmos6 phere or an emissions stream through a techno7 logical process designed to extract and isolate those

8 gases from the atmosphere or an emissions stream;

9 or the natural process of photosynthesis that ex10 tracts carbon dioxide from the atmosphere and

11 stores it as carbon in trees, roots, stems, soils, foli12 age, and durable wood products.

13 ‘‘(7) FOREST PRODUCTS.—The term ‘forest

14 products’ means all products or goods manufactured

15 from trees.

16 ‘‘(8) FORESTRY ACTIVITY.—

17 ‘‘(A) IN GENERAL.—The term ‘forestry ac18 tivity’ means any ownership or management ac19 tion that has a discernible impact on the use

20 and productivity of forests.

21 ‘‘(B) INCLUSIONS.—Forestry activities in22 clude, but are not limited to, the establishment

23 of trees on an area not previously forested, the

24 establishment of trees on an area previously

25 forested if a net carbon benefit can be dem-
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1 onstrated, enhanced forest management (e.g.,

2 thinning, stand improvement, fire protection,

3 weed control, nutrient application, pest manage4 ment, other silvicultural practices), forest pro5 tection or conservation if a net carbon benefit

6 can be demonstrated, and biomass energy

7 (using wood, grass or other biomass in lieu of

8 fossil fuel).

9 ‘‘(C) EXCLUSIONS.—The term ‘forest ac10 tivity’ does not include a land use change asso11 ciated with—

12 ‘‘(i) an act of war; or

13 ‘‘(ii) an act of nature, including

14 floods, storms, earthquakes, fires, hurri15 canes, and tornadoes.

16 ‘‘(9) MANAGEMENT OF GRASSLANDS AND

17 DRYLANDS.—The term ‘management of grasslands

18 and drylands’ means seeding, cultivation, and nutri19 ent management.

20 ‘‘(10) OCEAN SEEDING.—The term ‘ocean seed21 ing’ means adding nutrients to oceans to enhance

22 the biological fixation of carbon dioxide.’’.

Æ