1149 
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Interagency Ocean Observation Committee which 
shall— 
(A) prepare annual and long-term plans for 
consideration and approval by the Council for 
the integrated design, operation, maintenance, 
enhancement and expansion of the System to 
meet the objectives of this subtitle and the System 
Plan; 
(B) develop and transmit to Congress at the 
time of submission of the President’s annual 
budget request an annual coordinated, com-
prehensive budget to operate all elements of the 
System identified in subsection (b), and to en-
sure continuity of data streams from Federal 
and non-Federal assets; 
(C) establish required observation data vari-
ables to be gathered by both Federal and non- 
Federal assets and identify, in consultation with 
regional information coordination entities, pri-
orities for System observations; 
(D) establish protocols and standards for 
System data processing, management, and com-
munication; 
(E) develop contract certification standards 
and compliance procedures for all non-Federal
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assets, including regional information coordina-
tion entities, to establish eligibility for integra-
tion into the System and to ensure compliance 
with all applicable standards and protocols es-
tablished by the Council, and ensure that re-
gional observations are integrated into the Sys-
tem on a sustained basis; 
(F) identify gaps in observation coverage or 
needs for capital improvements of both Federal 
assets and non-Federal assets; 
(G) subject to the availability of appropria-
tions, establish through one or more partici-
pating Federal agencies, in consultation with the 
System advisory committee established under 
subsection (d), a competitive matching grant or 
other programs— 
(i) to promote intramural and extra-
mural research and development of new, in-
novative, and emerging observation tech-
nologies including testing and field trials; 
and 
(ii) to facilitate the migration of new, 
innovative, and emerging scientific and 
technological advances from research and 
development to operational deployment;
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(H) periodically review and recommend to 
the Council, in consultation with the Adminis-
trator, revisions to the System Plan; 
(I) ensure collaboration among Federal 
agencies participating in the activities of the 
Committee; and 
(J) perform such additional duties as the 
Council may delegate. 
(3) LEAD FEDERAL AGENCY.—The National Oce-
anic and Atmospheric Administration shall function 
as the lead Federal agency for the implementation 
and administration of the System, in consultation 
with the Council, the Interagency Ocean Observation 
Committee, other Federal agencies that maintain por-
tions of the System, and the regional information co-
ordination entities, and shall— 
(A) establish an Integrated Ocean Observing 
Program Office within the National Oceanic and 
Atmospheric Administration utilizing to the ex-
tent necessary, personnel from member agencies 
participating on the Interagency Ocean Observa-
tion Committee, to oversee daily operations and 
coordination of the System;
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(B) implement policies, protocols, and 
standards approved by the Council and delegated 
by the Interagency Ocean Observing Committee; 
(C) promulgate program guidelines to cer-
tify and integrate non-Federal assets, including 
regional information coordination entities, into 
the System to provide regional coastal and ocean 
observation data that meet the needs of user 
groups from the respective regions; 
(D) have the authority to enter into and 
oversee contracts, leases, grants or cooperative 
agreements with non-Federal assets, including 
regional information coordination entities, to 
support the purposes of this subtitle on such 
terms as the Administrator deems appropriate; 
(E) implement a merit-based, competitive 
funding process to support non-Federal assets, 
including the development and maintenance of a 
network of regional information coordination en-
tities, and develop and implement a process for 
the periodic review and evaluation of all non- 
Federal assets, including regional information 
coordination entities; 
(F) provide opportunities for competitive 
contracts and grants for demonstration projects
1153 
† HR 146 EAS 
to design, develop, integrate, deploy, and support 
components of the System; 
(G) establish efficient and effective adminis-
trative procedures for allocation of funds among 
contractors, grantees, and non-Federal assets, in-
cluding regional information coordination enti-
ties in a timely manner, and contingent on ap-
propriations according to the budget adopted by 
the Council; 
(H) develop and implement a process for 
the periodic review and evaluation of regional 
information coordination entities; 
(I) formulate an annual process by which 
gaps in observation coverage or needs for capital 
improvements of Federal assets and non-Federal 
assets of the System are identified by the re-
gional information coordination entities, the Ad-
ministrator, or other members of the System and 
transmitted to the Interagency Ocean Observing 
Committee; 
(J) develop and be responsible for a data 
management and communication system, in ac-
cordance with standards and protocols estab-
lished by the Council, by which all data collected 
by the System regarding ocean and coastal
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waters of the United States including the Great 
Lakes, are processed, stored, integrated, and 
made available to all end-user communities; 
(K) implement a program of public edu-
cation and outreach to improve public awareness 
of global climate change and effects on the ocean, 
coastal, and Great Lakes environment; 
(L) report annually to the Interagency 
Ocean Observing Committee on the accomplish-
ments, operational needs, and performance of the 
System to contribute to the annual and long- 
term plans developed pursuant to subsection 
(c)(2)(A)(i); and 
(M) develop a plan to efficiently integrate 
into the System new, innovative, or emerging 
technologies that have been demonstrated to be 
useful to the System and which will fulfill the 
purposes of this subtitle and the System Plan. 
(4) REGIONAL INFORMATION COORDINATION EN-
TITIES.— 
(A) IN GENERAL.—To be certified or estab-
lished under this subtitle, a regional information 
coordination entity shall be certified or estab-
lished by contract or agreement by the Adminis-
trator, and shall agree to meet the certification
1155 
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standards and compliance procedure guidelines 
issued by the Administrator and information 
needs of user groups in the region while adhering 
to national standards and shall— 
(i) 
demonstrate 
an 
organizational 
structure capable of gathering required Sys-
tem observation data, supporting and inte-
grating all aspects of coastal and ocean ob-
serving and information programs within a 
region and that reflects the needs of State 
and local governments, commercial inter-
ests, and other users and beneficiaries of the 
System and other requirements specified 
under this subtitle and the System Plan; 
(ii) identify gaps in observation cov-
erage needs for capital improvements of 
Federal assets and non-Federal assets of the 
System, or other recommendations to assist 
in the development of the annual and long- 
term plans created pursuant to subsection 
(c)(2)(A)(i) and transmit such information 
to the Interagency Ocean Observing Com-
mittee via the Program Office; 
(iii) develop and operate under a stra-
tegic operational plan that will ensure the
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efficient and effective administration of pro-
grams and assets to support daily data ob-
servations for integration into the System, 
pursuant to the standards approved by the 
Council; 
(iv) work cooperatively with govern-
mental and non-governmental entities at all 
levels to identify and provide information 
products of the System for multiple users 
within the service area of the regional infor-
mation coordination entities; and 
(v) comply with all financial oversight 
requirements established by the Adminis-
trator, including requirements relating to 
audits. 
(B) PARTICIPATION.—For the purposes of 
this subtitle, employees of Federal agencies may 
participate in the functions of the regional infor-
mation coordination entities. 
(d) SYSTEM ADVISORY COMMITTEE.— 
(1) IN GENERAL.—The Administrator shall es-
tablish or designate a System advisory committee, 
which shall provide advice as may be requested by the 
Administrator or the Interagency Ocean Observing 
Committee.
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(2) PURPOSE.—The purpose of the System advi-
sory committee is to advise the Administrator and the 
Interagency Ocean Observing Committee on— 
(A) administration, operation, manage-
ment, and maintenance of the System, including 
integration of Federal and non-Federal assets 
and data management and communication as-
pects of the System, and fulfillment of the pur-
poses set forth in section 12302; 
(B) expansion and periodic modernization 
and upgrade of technology components of the 
System; 
(C) identification of end-user communities, 
their needs for information provided by the Sys-
tem, and the System’s effectiveness in dissemi-
nating information to end-user communities and 
the general public; and 
(D) any other purpose identified by the Ad-
ministrator or the Interagency Ocean Observing 
Committee. 
(3) MEMBERS.— 
(A) IN
GENERAL.—The System advisory 
committee shall be composed of members ap-
pointed by the Administrator. Members shall be 
qualified by education, training, and experience
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to evaluate scientific and technical information 
related to the design, operation, maintenance, or 
use of the System, or use of data products pro-
vided through the System. 
(B) TERMS OF SERVICE.—Members shall be 
appointed for 3-year terms, renewable once. A 
vacancy appointment shall be for the remainder 
of the unexpired term of the vacancy, and an in-
dividual so appointed may subsequently be ap-
pointed for 2 full 3-year terms if the remainder 
of the unexpired term is less than 1 year. 
(C) 
CHAIRPERSON.—The 
Administrator 
shall designate a chairperson from among the 
members of the System advisory committee. 
(D) APPOINTMENT.—Members of the System 
advisory committee shall be appointed as special 
Government employees for purposes of section 
202(a) of title 18, United States Code. 
(4) ADMINISTRATIVE PROVISIONS.— 
(A) REPORTING.—The System advisory 
committee shall report to the Administrator and 
the Interagency Ocean Observing Committee, as 
appropriate.
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(B) ADMINISTRATIVE
SUPPORT.—The Ad-
ministrator shall provide administrative support 
to the System advisory committee. 
(C) MEETINGS.—The System advisory com-
mittee shall meet at least once each year, and at 
other times at the call of the Administrator, the 
Interagency Ocean Observing Committee, or the 
chairperson. 
(D) COMPENSATION AND EXPENSES.—Mem-
bers of the System advisory committee shall not 
be compensated for service on that Committee, 
but may be allowed travel expenses, including 
per diem in lieu of subsistence, in accordance 
with subchapter I of chapter 57 of title 5, United 
States Code. 
(E) EXPIRATION.—Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the System advisory committee. 
(e) CIVIL LIABILITY.—For purposes of determining li-
ability arising from the dissemination and use of observa-
tion data gathered pursuant to this section, any non-Fed-
eral asset or regional information coordination entity in-
corporated into the System by contract, lease, grant, or co-
operative agreement under subsection (c)(3)(D) that is par-
ticipating in the System shall be considered to be part of
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the National Oceanic and Atmospheric Administration. 
Any employee of such a non-Federal asset or regional infor-
mation coordination entity, while operating within the 
scope of his or her employment in carrying out the purposes 
of this subtitle, with respect to tort liability, is deemed to 
be an employee of the Federal Government. 
(f) LIMITATION.—Nothing in this subtitle shall be con-
strued to invalidate existing certifications, contracts, or 
agreements between regional information coordination enti-
ties and other elements of the System. 
SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS. 
(a) IN GENERAL.—To carry out interagency activities 
under this subtitle, the Secretary of Commerce may execute 
cooperative agreements, or any other agreements, with, and 
receive and expend funds made available by, any State or 
subdivision thereof, any Federal agency, or any public or 
private organization, or individual. 
(b) RECIPROCITY.—Member Departments and agencies 
of the Council shall have the authority to create, support, 
and maintain joint centers, and to enter into and perform 
such contracts, leases, grants, and cooperative agreements 
as may be necessary to carry out the purposes of this sub-
title and fulfillment of the System Plan.
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SEC. 12306. APPLICATION WITH OTHER LAWS. 
Nothing in this subtitle supersedes or limits the au-
thority of any agency to carry out its responsibilities and 
missions under other laws. 
SEC. 12307. REPORT TO CONGRESS. 
(a) REQUIREMENT.—Not later than 2 years after the 
date of the enactment of this Act and every 2 years there-
after, the Administrator shall prepare and the President 
acting through the Council shall approve and transmit to 
the Congress a report on progress made in implementing 
this subtitle. 
(b) CONTENTS.—The report shall include— 
(1) a description of activities carried out under 
this subtitle and the System Plan; 
(2) an evaluation of the effectiveness of the Sys-
tem, including an evaluation of progress made by the 
Council to achieve the goals identified under the Sys-
tem Plan; 
(3) identification of Federal and non-Federal as-
sets as determined by the Council that have been inte-
grated into the System, including assets essential to 
the gathering of required observation data variables 
necessary to meet the respective missions of Council 
agencies; 
(4) a review of procurements, planned or initi-
ated, by each Council agency to enhance, expand, or
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modernize the observation capabilities and data prod-
ucts provided by the System, including data manage-
ment and communication subsystems; 
(5) an assessment regarding activities to inte-
grate Federal and non-Federal assets, nationally and 
on the regional level, and discussion of the perform-
ance and effectiveness of regional information coordi-
nation entities to coordinate regional observation op-
erations; 
(6) a description of benefits of the program to 
users of data products resulting from the System (in-
cluding the general public, industries, scientists, re-
source managers, emergency responders, policy mak-
ers, and educators); 
(7) recommendations concerning— 
(A) modifications to the System; and 
(B) funding levels for the System in subse-
quent fiscal years; and 
(8) the results of a periodic external independent 
programmatic audit of the System. 
SEC. 12308. PUBLIC-PRIVATE USE POLICY. 
The Council shall develop a policy within 6 months 
after the date of the enactment of this Act that defines proc-
esses for making decisions about the roles of the Federal 
Government, the States, regional information coordination
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entities, the academic community, and the private sector 
in providing to end-user communities environmental infor-
mation, products, technologies, and services related to the 
System. The Council shall publish the policy in the Federal 
Register for public comment for a period not less than 60 
days. Nothing in this section shall be construed to require 
changes in policy in effect on the date of enactment of this 
Act. 
SEC. 12309. INDEPENDENT COST ESTIMATE. 
Within 1 year after the date of enactment of this Act, 
the Interagency Ocean Observation Committee, through the 
Administrator and the Director of the National Science 
Foundation, shall obtain an independent cost estimate for 
operations and maintenance of existing Federal assets of 
the System, and planned or anticipated acquisition, oper-
ation, and maintenance of new Federal assets for the Sys-
tem, including operation facilities, observation equipment, 
modeling and software, data management and communica-
tion, and other essential components. The independent cost 
estimate shall be transmitted unabridged and without revi-
sion by the Administrator to Congress. 
SEC. 12310. INTENT OF CONGRESS. 
It is the intent of Congress that funding provided to 
agencies of the Council to implement this subtitle shall sup-
plement, and not replace, existing sources of funding for
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other programs. It is the further intent of Congress that 
agencies of the Council shall not enter into contracts or 
agreements for the development or procurement of new Fed-
eral assets for the System that are estimated to be in excess 
of $250,000,000 in life-cycle costs without first providing 
adequate notice to Congress and opportunity for review and 
comment. 
SEC. 12311. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary of Commerce for fiscal years 2009 through 2013 such 
sums as are necessary to fulfill the purposes of this subtitle 
and support activities identified in the annual coordinated 
System budget developed by the Interagency Ocean Observa-
tion Committee and submitted to the Congress. 
Subtitle D—Federal Ocean Acidifi-
cation Research and Monitoring 
Act of 2009 
SEC. 12401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Federal Ocean 
Acidification Research And Monitoring Act of 2009’’ or the 
‘‘FOARAM Act’’. 
SEC. 12402. PURPOSES. 
(a) PURPOSES.—The purposes of this subtitle are to 
provide for—
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(1) development and coordination of a com-
prehensive interagency plan to— 
(A) monitor and conduct research on the 
processes and consequences of ocean acidification 
on marine organisms and ecosystems; and 
(B) establish an interagency research and 
monitoring program on ocean acidification; 
(2) establishment of an ocean acidification pro-
gram within the National Oceanic and Atmospheric 
Administration; 
(3) assessment and consideration of regional and 
national ecosystem and socioeconomic impacts of in-
creased ocean acidification; and 
(4) research adaptation strategies and techniques 
for effectively conserving marine ecosystems as they 
cope with increased ocean acidification. 
SEC. 12403. DEFINITIONS. 
In this subtitle: 
(1) OCEAN
ACIDIFICATION.—The term ‘‘ocean 
acidification’’ means the decrease in pH of the 
Earth’s oceans and changes in ocean chemistry caused 
by chemical inputs from the atmosphere, including 
carbon dioxide. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce, acting through the Ad-
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ministrator of the National Oceanic and Atmospheric 
Administration. 
(3) SUBCOMMITTEE.—The term ‘‘Subcommittee’’ 
means the Joint Subcommittee on Ocean Science and 
Technology of the National Science and Technology 
Council. 
SEC. 12404. INTERAGENCY SUBCOMMITTEE. 
(a) DESIGNATION.— 
(1) IN GENERAL.—The Joint Subcommittee on 
Ocean Science and Technology of the National 
Science and Technology Council shall coordinate Fed-
eral activities on ocean acidification and establish an 
interagency working group. 
(2) MEMBERSHIP.—The interagency working 
group on ocean acidification shall be comprised of 
senior representatives from the National Oceanic and 
Atmospheric Administration, the National Science 
Foundation, the National Aeronautics and Space Ad-
ministration, the United States Geological Survey, 
the United States Fish and Wildlife Service, and such 
other Federal agencies as appropriate. 
(3) CHAIRMAN.—The interagency working group 
shall be chaired by the representative from the Na-
tional Oceanic and Atmospheric Administration. 
(b) DUTIES.—The Subcommittee shall—
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and other stakeholders in mitigating or adapting to 
the impacts of ocean acidification. 
(c) REPORTS TO CONGRESS.— 
(1) INITIAL
REPORT.—Not later than 1 year 
after the date of enactment of this Act, the Sub-
committee shall transmit a report to the Committee 
on Commerce, Science, and Transportation of the 
Senate and the Committee on Science and Technology 
and the Committee on Natural Resources of the House 
of Representatives that— 
(A) includes a summary of federally funded 
ocean acidification research and monitoring ac-
tivities, including the budget for each of these ac-
tivities; and 
(B) describes the progress in developing the 
plan required under section 12405 of this sub-
title. 
(2) BIENNIAL REPORT.—Not later than 2 years 
after the delivery of the initial report under para-
graph (1) and every 2 years thereafter, the Sub-
committee shall transmit a report to the Committee 
on Commerce, Science, and Transportation of the 
Senate and the Committee on Science and Technology 
and the Committee on Natural Resources of the House 
of Representatives that includes—
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(A) a summary of federally funded ocean 
acidification research and monitoring activities, 
including the budget for each of these activities; 
and 
(B) an analysis of the progress made to-
ward achieving the goals and priorities for the 
interagency research plan developed by the Sub-
committee under section 12405. 
(3) STRATEGIC RESEARCH PLAN.—Not later than 
2 years after the date of enactment of this Act, the 
Subcommittee shall transmit the strategic research 
plan developed under section 12405 to the Committee 
on Commerce, Science, and Transportation of the 
Senate and the Committee on Science and Technology 
and the Committee on Natural Resources of the House 
of Representatives. A revised plan shall be submitted 
at least once every 5 years thereafter. 
SEC. 12405. STRATEGIC RESEARCH PLAN. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Subcommittee shall de-
velop a strategic plan for Federal research and monitoring 
on ocean acidification that will provide for an assessment 
of the impacts of ocean acidification on marine organisms 
and marine ecosystems and the development of adaptation 
and mitigation strategies to conserve marine organisms and
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marine ecosystems. In developing the plan, the Sub-
committee shall consider and use information, reports, and 
studies of ocean acidification that have identified research 
and monitoring needed to better understand ocean acidifi-
cation and its potential impacts, and recommendations 
made by the National Academy of Sciences in the review 
of the plan required under subsection (d). 
(b) CONTENTS OF THE PLAN.—The plan shall— 
(1) provide for interdisciplinary research among 
the ocean sciences, and coordinated research and ac-
tivities to improve the understanding of ocean chem-
istry that will affect marine ecosystems; 
(2) establish, for the 10-year period beginning in 
the year the plan is submitted, the goals and prior-
ities for Federal research and monitoring which 
will— 
(A) advance understanding of ocean acidifi-
cation and its physical, chemical, and biological 
impacts on marine organisms and marine eco-
systems; 
(B) improve the ability to assess the socio-
economic impacts of ocean acidification; and 
(C) provide information for the development 
of adaptation and mitigation strategies to con-
serve marine organisms and marine ecosystems;
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(3) describe specific activities, including— 
(A) efforts to determine user needs; 
(B) research activities; 
(C) monitoring activities; 
(D) technology and methods development; 
(E) data collection; 
(F) database development; 
(G) modeling activities; 
(H) assessment of ocean acidification im-
pacts; and 
(I) participation in international research 
efforts; 
(4) identify relevant programs and activities of 
the Federal agencies that contribute to the interagency 
program directly and indirectly and set forth the role 
of each Federal agency in implementing the plan; 
(5) consider and utilize, as appropriate, reports 
and studies conducted by Federal agencies, the Na-
tional Research Council, or other entities; 
(6) make recommendations for the coordination 
of the ocean acidification research and monitoring ac-
tivities of the United States with such activities of 
other nations and international organizations; 
(7) outline budget requirements for Federal ocean 
acidification research and monitoring and assessment
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activities to be conducted by each agency under the 
plan; 
(8) identify the monitoring systems and sam-
pling programs currently employed in collecting data 
relevant to ocean acidification and prioritize addi-
tional monitoring systems that may be needed to en-
sure adequate data collection and monitoring of ocean 
acidification and its impacts; and 
(9) describe specific activities designed to facili-
tate outreach and data and information exchange 
with stakeholder communities. 
(c) PROGRAM ELEMENTS.—The plan shall include at 
a minimum the following program elements: 
(1) Monitoring of ocean chemistry and biological 
impacts associated with ocean acidification at selected 
coastal and open-ocean monitoring stations, including 
satellite-based monitoring to characterize— 
(A) marine ecosystems; 
(B) changes in marine productivity; and 
(C) changes in surface ocean chemistry. 
(2) Research to understand the species specific 
physiological responses of marine organisms to ocean 
acidification, impacts on marine food webs of ocean 
acidification, and to develop environmental and eco-
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logical indices that track marine ecosystem responses 
to ocean acidification. 
(3) Modeling to predict changes in the ocean car-
bon cycle as a function of carbon dioxide and atmos-
phere-induced changes in temperature, ocean circula-
tion, biogeochemistry, ecosystem and terrestrial input, 
and modeling to determine impacts on marine eco-
systems and individual marine organisms. 
(4) Technology development and standardization 
of carbonate chemistry measurements on moorings 
and autonomous floats. 
(5) Assessment of socioeconomic impacts of ocean 
acidification and development of adaptation and 
mitigation strategies to conserve marine organisms 
and marine ecosystems. 
(d) NATIONAL ACADEMY OF SCIENCES EVALUATION.— 
The Secretary shall enter into an agreement with the Na-
tional Academy of Sciences to review the plan. 
(e) PUBLIC PARTICIPATION.—In developing the plan, 
the Subcommittee shall consult with representatives of aca-
demic, State, industry and environmental groups. Not later 
than 90 days before the plan, or any revision thereof, is 
submitted to the Congress, the plan shall be published in 
the Federal Register for a public comment period of not 
less than 60 days.
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SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES. 
(a) IN GENERAL.—The Secretary shall establish and 
maintain an ocean acidification program within the Na-
tional Oceanic and Atmospheric Administration to conduct 
research, monitoring, and other activities consistent with 
the strategic research and implementation plan developed 
by the Subcommittee under section 12405 that— 
(1) includes— 
(A) interdisciplinary research among the 
ocean and atmospheric sciences, and coordinated 
research and activities to improve understanding 
of ocean acidification; 
(B) the establishment of a long-term moni-
toring program of ocean acidification utilizing 
existing global and national ocean observing as-
sets, and adding instrumentation and sampling 
stations as appropriate to the aims of the re-
search program; 
(C) research to identify and develop adapta-
tion strategies and techniques for effectively con-
serving marine ecosystems as they cope with in-
creased ocean acidification; 
(D) as an integral part of the research pro-
grams described in this subtitle, educational op-
portunities that encourage an interdisciplinary
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and international approach to exploring the im-
pacts of ocean acidification; 
(E) as an integral part of the research pro-
grams described in this subtitle, national public 
outreach activities to improve the understanding 
of current scientific knowledge of ocean acidifica-
tion and its impacts on marine resources; and 
(F) coordination of ocean acidification 
monitoring and impacts research with other ap-
propriate international ocean science bodies such 
as the International Oceanographic Commission, 
the International Council for the Exploration of 
the Sea, the North Pacific Marine Science Orga-
nization, and others; 
(2) provides grants for critical research projects 
that explore the effects of ocean acidification on eco-
systems and the socioeconomic impacts of increased 
ocean acidification that are relevant to the goals and 
priorities of the strategic research plan; and 
(3) incorporates a competitive merit-based proc-
ess for awarding grants that may be conducted jointly 
with other participating agencies or under the Na-
tional Oceanographic Partnership Program under 
section 7901 of title 10, United States Code.
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† HR 146 EAS 
(b) ADDITIONAL AUTHORITY.—In conducting the Pro-
gram, the Secretary may enter into and perform such con-
tracts, leases, grants, or cooperative agreements as may be 
necessary to carry out the purposes of this subtitle on such 
terms as the Secretary considers appropriate. 
SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES. 
(a) RESEARCH ACTIVITIES.—The Director of the Na-
tional Science Foundation shall continue to carry out re-
search activities on ocean acidification which shall support 
competitive, merit-based, peer-reviewed proposals for re-
search and monitoring of ocean acidification and its im-
pacts, including— 
(1) impacts on marine organisms and marine 
ecosystems; 
(2) impacts on ocean, coastal, and estuarine bio-
geochemistry; and 
(3) the development of methodologies and tech-
nologies to evaluate ocean acidification and its im-
pacts. 
(b) CONSISTENCY.—The research activities shall be 
consistent with the strategic research plan developed by the 
Subcommittee under section 12405. 
(c) COORDINATION.—The Director shall encourage co-
ordination of the Foundation’s ocean acidification activi-
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† HR 146 EAS 
ties with such activities of other nations and international 
organizations. 
SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES. 
(a) OCEAN ACIDIFICATION ACTIVITIES.—The Admin-
istrator of the National Aeronautics and Space Administra-
tion, in coordination with other relevant agencies, shall en-
sure that space-based monitoring assets are used in as pro-
ductive a manner as possible for monitoring of ocean acidi-
fication and its impacts. 
(b) PROGRAM CONSISTENCY.—The Administrator shall 
ensure that the Agency’s research and monitoring activities 
on ocean acidification are carried out in a manner con-
sistent with the strategic research plan developed by the 
Subcommittee under section 12405. 
(c) COORDINATION.—The Administrator shall encour-
age coordination of the Agency’s ocean acidification activi-
ties with such activities of other nations and international 
organizations. 
SEC. 12409. AUTHORIZATION OF APPROPRIATIONS. 
(a) NOAA.—There are authorized to be appropriated 
to the National Oceanic and Atmospheric Administration 
to carry out the purposes of this subtitle— 
(1) $8,000,000 for fiscal year 2009; 
(2) $12,000,000 for fiscal year 2010; 
(3) $15,000,000 for fiscal year 2011; and
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(4) $20,000,000 for fiscal year 2012. 
(b) NSF.—There are authorized to be appropriated to 
the National Science Foundation to carry out the purposes 
of this subtitle— 
(1) $6,000,000 for fiscal year 2009; 
(2) $8,000,000 for fiscal year 2010; 
(3) $12,000,000 for fiscal year 2011; and 
(4) $15,000,000 for fiscal year 2012. 
Subtitle E—Coastal and Estuarine 
Land Conservation Program 
SEC. 12501. SHORT TITLE. 
This Act may be cited as the ‘‘Coastal and Estuarine 
Land Conservation Program Act’’. 
SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE 
LAND CONSERVATION PROGRAM. 
The Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.) is amended by inserting after section 307 the 
following new section: 
‘‘AUTHORIZATION OF THE COASTAL AND ESTUARINE LAND 
CONSERVATION PROGRAM 
‘‘SEC. 307A. (a) IN GENERAL.—The Secretary may 
conduct a Coastal and Estuarine Land Conservation Pro-
gram, in cooperation with appropriate State, regional, and 
other units of government, for the purposes of protecting im-
portant coastal and estuarine areas that have significant 
conservation, recreation, ecological, historical, or aesthetic
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values, or that are threatened by conversion from their nat-
ural, undeveloped, or recreational state to other uses or 
could be managed or restored to effectively conserve, en-
hance, or restore ecological function. The program shall be 
administered by the National Ocean Service of the National 
Oceanic and Atmospheric Administration through the Of-
fice of Ocean and Coastal Resource Management. 
‘‘(b) PROPERTY ACQUISITION GRANTS.—The Secretary 
shall make grants under the program to coastal states with 
approved coastal zone management plans or National Estu-
arine Research Reserve units for the purpose of acquiring 
property or interests in property described in subsection (a) 
that will further the goals of— 
‘‘(1) a Coastal Zone Management Plan or Pro-
gram approved under this title; 
‘‘(2) a National Estuarine Research Reserve 
management plan; 
‘‘(3) a regional or State watershed protection or 
management plan involving coastal states with ap-
proved coastal zone management programs; or 
‘‘(4) a State coastal land acquisition plan that 
is consistent with an approved coastal zone manage-
ment program. 
‘‘(c) GRANT PROCESS.—The Secretary shall allocate 
funds to coastal states or National Estuarine Research Re-
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serves under this section through a competitive grant proc-
ess in accordance with guidelines that meet the following 
requirements: 
‘‘(1) The Secretary shall consult with the coastal 
state’s coastal zone management program, any Na-
tional Estuarine Research Reserve in that State, and 
the lead agency designated by the Governor for coordi-
nating the implementation of this section (if different 
from the coastal zone management program). 
‘‘(2) Each participating coastal state, after con-
sultation with local governmental entities and other 
interested stakeholders, shall identify priority con-
servation needs within the State, the values to be pro-
tected by inclusion of lands in the program, and the 
threats to those values that should be avoided. 
‘‘(3) Each participating coastal state shall to the 
extent practicable ensure that the acquisition of prop-
erty or easements shall complement working water-
front needs. 
‘‘(4) The applicant shall identify the values to be 
protected by inclusion of the lands in the program, 
management activities that are planned and the man-
ner in which they may affect the values identified, 
and any other information from the landowner rel-
evant to administration and management of the land.
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‘‘(5) Awards shall be based on demonstrated need 
for protection and ability to successfully leverage 
funds among participating entities, including Federal 
programs, regional organizations, State and other 
governmental units, landowners, corporations, or pri-
vate organizations. 
‘‘(6) The governor, or the lead agency designated 
by the governor for coordinating the implementation 
of this section, where appropriate in consultation 
with the appropriate local government, shall deter-
mine that the application is consistent with the 
State’s or territory’s approved coastal zone plan, pro-
gram, and policies prior to submittal to the Sec-
retary. 
‘‘(7)(A) Priority shall be given to lands described 
in subsection (a) that can be effectively managed and 
protected and that have significant ecological value. 
‘‘(B) Of the projects that meet the standard in 
subparagraph (A), priority shall be given to lands 
that— 
‘‘(i) are under an imminent threat of con-
version to a use that will degrade or otherwise 
diminish their natural, undeveloped, or rec-
reational state; and
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‘‘(ii) serve to mitigate the adverse impacts 
caused by coastal population growth in the 
coastal environment. 
‘‘(8) In developing guidelines under this section, 
the Secretary shall consult with coastal states, other 
Federal agencies, and other interested stakeholders 
with expertise in land acquisition and conservation 
procedures. 
‘‘(9) Eligible coastal states or National Estua-
rine Research Reserves may allocate grants to local 
governments or agencies eligible for assistance under 
section 306A(e). 
‘‘(10) The Secretary shall develop performance 
measures that the Secretary shall use to evaluate and 
report on the program’s effectiveness in accomplishing 
its purposes, and shall submit such evaluations to 
Congress triennially. 
‘‘(d) LIMITATIONS AND PRIVATE PROPERTY PROTEC-
TIONS.— 
‘‘(1) A grant awarded under this section may be 
used to purchase land or an interest in land, includ-
ing an easement, only from a willing seller. Any such 
purchase shall not be the result of a forced taking 
under this section. Nothing in this section requires a
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private property owner to participate in the program 
under this section. 
‘‘(2) Any interest in land, including any ease-
ment, acquired with a grant under this section shall 
not be considered to create any new liability, or have 
any effect on liability under any other law, of any 
private property owner with respect to any person in-
jured on the private property. 
‘‘(3) Nothing in this section requires a private 
property owner to provide access (including Federal, 
State, or local government access) to or use of private 
property unless such property or an interest in such 
property (including a conservation easement) has 
been purchased with funds made available under this 
section. 
‘‘(e) RECOGNITION OF AUTHORITY TO CONTROL LAND 
USE.—Nothing in this title modifies the authority of Fed-
eral, State, or local governments to regulate land use. 
‘‘(f) MATCHING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary may not make 
a grant under the program unless the Federal funds 
are matched by non-Federal funds in accordance with 
this subsection. 
‘‘(2) COST SHARE REQUIREMENT.—
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‘‘(A) IN GENERAL.—Grant funds under the 
program shall require a 100 percent match from 
other non-Federal sources. 
‘‘(B) WAIVER OF REQUIREMENT.—The Sec-
retary may grant a waiver of subparagraph (A) 
for underserved communities, communities that 
have an inability to draw on other sources of 
funding because of the small population or low 
income of the community, or for other reasons 
the Secretary deems appropriate and consistent 
with the purposes of the program. 
‘‘(3) OTHER FEDERAL FUNDS.—Where financial 
assistance awarded under this section represents only 
a portion of the total cost of a project, funding from 
other Federal sources may be applied to the cost of the 
project. Each portion shall be subject to match re-
quirements under the applicable provision of law. 
‘‘(4) SOURCE OF MATCHING COST SHARE.—For 
purposes of paragraph (2)(A), the non-Federal cost 
share for a project may be determined by taking into 
account the following: 
‘‘(A) The value of land or a conservation 
easement may be used by a project applicant as 
non-Federal match, if the Secretary determines 
that—
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‘‘(i) the land meets the criteria set 
forth in section 2(b) and is acquired in the 
period beginning 3 years before the date of 
the submission of the grant application and 
ending 3 years after the date of the award 
of the grant; 
‘‘(ii) the value of the land or easement 
is held by a non-governmental organization 
included in the grant application in per-
petuity for conservation purposes of the pro-
gram; and 
‘‘(iii) the land or easement is connected 
either physically or through a conservation 
planning process to the land or easement 
that would be acquired. 
‘‘(B) The appraised value of the land or 
conservation easement at the time of the grant 
closing will be considered and applied as the 
non-Federal cost share. 
‘‘(C) Costs associated with land acquisition, 
land management planning, remediation, res-
toration, and enhancement may be used as non- 
Federal match if the activities are identified in 
the plan and expenses are incurred within the 
period of the grant award, or, for lands described
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in (A), within the same time limits described 
therein. These costs may include either cash or 
in-kind contributions. 
‘‘(g) RESERVATION OF FUNDS FOR NATIONAL ESTUA-
RINE RESEARCH RESERVE SITES.—No less than 15 percent 
of funds made available under this section shall be available 
for acquisitions benefitting National Estuarine Research 
Reserves. 
‘‘(h) LIMIT
ON ADMINISTRATIVE COSTS.—No more 
than 5 percent of the funds made available to the Secretary 
under this section shall be used by the Secretary for plan-
ning or administration of the program. The Secretary shall 
provide a report to Congress with an account of all expendi-
tures under this section for fiscal year 2009 and triennially 
thereafter. 
‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED PROP-
ERTY.—If any property is acquired in whole or in part 
with funds made available through a grant under this sec-
tion, the grant recipient shall provide— 
‘‘(1) such assurances as the Secretary may re-
quire that— 
‘‘(A) the title to the property will be held by 
the grant recipient or another appropriate public 
agency designated by the recipient in perpetuity;
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‘‘(B) the property will be managed in a 
manner that is consistent with the purposes for 
which the land entered into the program and 
shall not convert such property to other uses; and 
‘‘(C) if the property or interest in land is 
sold, exchanged, or divested, funds equal to the 
current value will be returned to the Secretary in 
accordance with applicable Federal law for re-
distribution in the grant process; and 
‘‘(2) certification that the property (including 
any interest in land) will be acquired from a willing 
seller. 
‘‘(j) REQUIREMENT FOR PROPERTY USED FOR NON- 
FEDERAL MATCH.—If the grant recipient elects to use any 
land or interest in land held by a non-governmental organi-
zation as a non-Federal match under subsection (g), the 
grant recipient must to the Secretary’s satisfaction dem-
onstrate in the grant application that such land or interest 
will satisfy the same requirements as the lands or interests 
in lands acquired under the program. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) CONSERVATION EASEMENT.—The term ‘con-
servation easement’ includes an easement or restric-
tion, recorded deed, or a reserve interest deed where 
the grantee acquires all rights, title, and interest in
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a property, that do not conflict with the goals of this 
section except those rights, title, and interests that 
may run with the land that are expressly reserved by 
a grantor and are agreed to at the time of purchase. 
‘‘(2) INTEREST IN PROPERTY.—The term ‘inter-
est in property’ includes a conservation easement. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out 
this section $60,000,000 for each of fiscal years 2009 
through 2013.’’. 
TITLE XIII—MISCELLANEOUS 
SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH 
DAKOTA TRUST FUNDS. 
(a) NORTH DAKOTA TRUST FUNDS.—The Act of Feb-
ruary 22, 1889 (25 Stat. 676, chapter 180), is amended 
by adding at the end the following: 
‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS. 
‘‘(a) DISPOSITION.—Notwithstanding section 11, the 
State of North Dakota shall, with respect to any trust fund 
in which proceeds from the sale of public land are deposited 
under this Act (referred to in this section as the ‘trust 
fund’)— 
‘‘(1) deposit all revenues earned by a trust fund 
into the trust fund;
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‘‘(2) deduct the costs of administering a trust 
fund from each trust fund; and 
‘‘(3) manage each trust fund to— 
‘‘(A) preserve the purchasing power of the 
trust fund; and 
‘‘(B) maintain stable distributions to trust 
fund beneficiaries. 
‘‘(b) DISTRIBUTIONS.—Notwithstanding section 11, 
any distributions from trust funds in the State of North 
Dakota shall be made in accordance with section 2 of article 
IX of the Constitution of the State of North Dakota. 
‘‘(c) MANAGEMENT OF PROCEEDS.—Notwithstanding 
section 13, the State of North Dakota shall manage the pro-
ceeds referred to in that section in accordance with sub-
sections (a) and (b). 
‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.—Not-
withstanding sections 14 and 16, the State of North Dakota 
shall manage the land granted under that section, including 
any proceeds from the land, and make distributions in ac-
cordance with subsections (a) and (b).’’. 
(b) MANAGEMENT AND DISTRIBUTION OF MORRILL 
ACT GRANTS.—The Act of July 2, 1862 (commonly known 
as the ‘‘First Morrill Act’’) (7 U.S.C. 301 et seq.), is amend-
ed by adding at the end the following:
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‘‘SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA. 
‘‘(a) EXPENSES.—Notwithstanding section 3, the State 
of North Dakota shall manage the land granted to the State 
under the first section, including any proceeds from the 
land, in accordance with this section. 
‘‘(b) DISPOSITION
OF PROCEEDS.—Notwithstanding 
section 4, the State of North Dakota shall, with respect to 
any trust fund in which proceeds from the sale of land 
under this Act are deposited (referred to in this section as 
the ‘trust fund’)— 
‘‘(1) deposit all revenues earned by a trust fund 
into the trust fund; 
‘‘(2) deduct the costs of administering a trust 
fund from each trust fund; and 
‘‘(3) manage each trust fund to— 
‘‘(A) preserve the purchasing power of the 
trust fund; and 
‘‘(B) maintain stable distributions to trust 
fund beneficiaries. 
‘‘(c) DISTRIBUTIONS.—Notwithstanding section 4, any 
distributions from trust funds in the State of North Dakota 
shall be made in accordance with section 2 of article IX 
of the Constitution of the State of North Dakota. 
‘‘(d) MANAGEMENT.—Notwithstanding section 5, the 
State of North Dakota shall manage the land granted under
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the first section, including any proceeds from the land, in 
accordance with this section.’’. 
(c) CONSENT OF CONGRESS.—Effective July 1, 2009, 
Congress consents to the amendments to the Constitution 
of North Dakota proposed by House Concurrent Resolution 
No. 3037 of the 59th Legislature of the State of North Da-
kota entitled ‘‘A concurrent resolution for the amendment 
of sections 1 and 2 of article IX of the Constitution of North 
Dakota, relating to distributions from and the management 
of the common schools trust fund and the trust funds of 
other educational or charitable institutions; and to provide 
a contingent effective date’’ and approved by the voters of 
the State of North Dakota on November 7, 2006. 
SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORA-
TION AND IRRIGATION MITIGATION ACT OF 
2000. 
(a) PRIORITY PROJECTS.—Section 3(c)(3) of the Fish-
eries Restoration and Irrigation Mitigation Act of 2000 (16 
U.S.C. 777 note; Public Law 106–502) is amended by strik-
ing ‘‘$5,000,000’’ and inserting ‘‘$2,500,000’’. 
(b) COST SHARING.—Section 7(c) of Fisheries Restora-
tion and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 
note; Public Law 106–502) is amended— 
(1) by striking ‘‘The value’’ and inserting the fol-
lowing:
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‘‘(1) IN GENERAL.—The value’’; and 
(2) by adding at the end the following: 
‘‘(2) BONNEVILLE POWER ADMINISTRATION.— 
‘‘(A) IN
GENERAL.—The Secretary may, 
without further appropriation and without fiscal 
year limitation, accept any amounts provided to 
the Secretary by the Administrator of the Bonne-
ville Power Administration. 
‘‘(B) NON-FEDERAL SHARE.—Any amounts 
provided by the Bonneville Power Administra-
tion directly or through a grant to another entity 
for a project carried under the Program shall be 
credited toward the non-Federal share of the 
costs of the project.’’. 
(c) REPORT.—Section 9 of the Fisheries Restoration 
and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; 
Public Law 106–502) is amended— 
(1) by inserting ‘‘any’’ before ‘‘amounts are 
made’’; and 
(2) by inserting after ‘‘Secretary shall’’ the fol-
lowing: ‘‘, after partnering with local governmental 
entities and the States in the Pacific Ocean drainage 
area,’’. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—Section 
10 of the Fisheries Restoration and Irrigation Mitigation
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Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is 
amended— 
(1) in subsection (a), by striking ‘‘2001 through 
2005’’ and inserting ‘‘2009 through 2015’’; and 
(2) in subsection (b), by striking paragraph (2) 
and inserting the following: 
‘‘(2) ADMINISTRATIVE EXPENSES.— 
‘‘(A) DEFINITION OF ADMINISTRATIVE EX-
PENSE.—In this paragraph, the term ‘adminis-
trative expense’ means, except as provided in 
subparagraph (B)(iii)(II), any expenditure re-
lating to— 
‘‘(i) staffing and overhead, such as the 
rental of office space and the acquisition of 
office equipment; and 
‘‘(ii) the review, processing, and provi-
sion of applications for funding under the 
Program. 
‘‘(B) LIMITATION.— 
‘‘(i) IN GENERAL.—Not more than 6 
percent of amounts made available to carry 
out this Act for each fiscal year may be 
used for Federal and State administrative 
expenses of carrying out this Act.
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‘‘(ii) FEDERAL AND STATE SHARES.— 
To the maximum extent practicable, of the 
amounts made available for administrative 
expenses under clause (i)— 
‘‘(I) 50 percent shall be provided 
to the State agencies provided assist-
ance under the Program; and 
‘‘(II) an amount equal to the cost 
of 1 full-time equivalent Federal em-
ployee, as determined by the Secretary, 
shall be provided to the Federal agency 
carrying out the Program. 
‘‘(iii) 
STATE
EXPENSES.—Amounts 
made available to States for administrative 
expenses under clause (i)— 
‘‘(I) shall be divided evenly among 
all States provided assistance under 
the Program; and 
‘‘(II) may be used by a State to 
provide technical assistance relating to 
the program, including any staffing 
expenditures (including staff travel ex-
penses) associated with—
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‘‘(aa) arranging meetings to 
promote the Program to potential 
applicants; 
‘‘(bb) 
assisting 
applicants 
with the preparation of applica-
tions for funding under the Pro-
gram; and 
‘‘(cc) visiting construction 
sites to provide technical assist-
ance, if requested by the appli-
cant.’’. 
SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS 
PIPELINE ACT. 
Section 107(a) of the Alaska Natural Gas Pipeline Act 
(15 U.S.C. 720e(a)) is amended by striking paragraph (3) 
and inserting the following: 
‘‘(3) the validity of any determination, permit, 
approval, authorization, review, or other related ac-
tion taken under any provision of law relating to a 
gas transportation project constructed and operated 
in accordance with section 103, including— 
‘‘(A) subchapter II of chapter 5, and chap-
ter 7, of title 5, United States Code (commonly 
known as the ‘Administrative Procedure Act’);
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‘‘(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
‘‘(C) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(D) the National Historic Preservation Act 
(16 U.S.C. 470 et seq.); and 
‘‘(E) the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3101 et seq.).’’. 
SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DE-
PARTMENT OF ENERGY. 
(a) IN GENERAL.—Section 203(a) of the Department 
of Energy Organization Act (42 U.S.C. 7133(a)) is amend-
ed in the first sentence by striking ‘‘7 Assistant Secretaries’’ 
and inserting ‘‘8 Assistant Secretaries’’. 
(b) CONFORMING AMENDMENT.—Section 5315 of title 
5, United States Code, is amended by striking ‘‘Assistant 
Secretaries of Energy (7)’’ and inserting ‘‘Assistant Secre-
taries of Energy (8)’’. 
SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTI-
TUTE. 
(a) DEFINITIONS.—In this section: 
(1) INSTITUTE.—The term ‘‘Institute’’ means the 
Lovelace Respiratory Research Institute, a nonprofit 
organization chartered under the laws of the State of 
New Mexico.
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(2) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Lovelace Respiratory Research Institute Land 
Conveyance’’ and dated March 18, 2008. 
(3) SECRETARY
CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Energy, with respect to 
matters concerning the Department of Energy; 
(B) the Secretary of the Interior, with re-
spect to matters concerning the Department of 
the Interior; and 
(C) the Secretary of the Air Force, with re-
spect to matters concerning the Department of 
the Air Force. 
(4) SECRETARY
OF
ENERGY.—The term ‘‘Sec-
retary of Energy’’ means the Secretary of Energy, 
acting through the Administrator for the National 
Nuclear Security Administration. 
(b) CONVEYANCE OF LAND.— 
(1) 
IN
GENERAL.—Notwithstanding 
section 
120(h) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)) and subject to valid existing rights 
and this section, the Secretary of Energy, in consulta-
tion with the Secretary of the Interior and the Sec-
retary of the Air Force, may convey to the Institute,
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on behalf of the United States, all right, title, and in-
terest of the United States in and to the parcel of 
land described in paragraph (2) for research, sci-
entific, or educational use. 
(2) DESCRIPTION OF LAND.—The parcel of land 
referred to in paragraph (1)— 
(A) is the approximately 135 acres of land 
identified as ‘‘Parcel A’’ on the map; 
(B) includes any improvements to the land 
described in subparagraph (A); and 
(C) excludes any portion of the utility sys-
tem and infrastructure reserved by the Secretary 
of the Air Force under paragraph (4). 
(3) OTHER FEDERAL AGENCIES.—The Secretary 
of the Interior and the Secretary of the Air Force 
shall complete any real property actions, including 
the revocation of any Federal withdrawals of the par-
cel conveyed under paragraph (1) and the parcel de-
scribed in subsection (c)(1), that are necessary to 
allow the Secretary of Energy to— 
(A) convey the parcel under paragraph (1); 
or 
(B) transfer administrative jurisdiction 
under subsection (c).
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(4) RESERVATION OF UTILITY INFRASTRUCTURE 
AND ACCESS.—The Secretary of the Air Force may re-
tain ownership and control of— 
(A) any portions of the utility system and 
infrastructure located on the parcel conveyed 
under paragraph (1); and 
(B) any rights of access determined to be 
necessary by the Secretary of the Air Force to 
operate and maintain the utilities on the parcel. 
(5) RESTRICTIONS ON USE.— 
(A) AUTHORIZED
USES.—The Institute 
shall allow only research, scientific, or edu-
cational uses of the parcel conveyed under para-
graph (1). 
(B) REVERSION.— 
(i) IN GENERAL.—If, at any time, the 
Secretary of Energy, in consultation with 
the Secretary of the Air Force, determines, 
in accordance with clause (ii), that the par-
cel conveyed under paragraph (1) is not 
being used for a purpose described in sub-
paragraph (A)— 
(I) all right, title, and interest in 
and to the entire parcel, or any por-
tion of the parcel not being used for the
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purposes, shall revert, at the option of 
the Secretary, to the United States; 
and 
(II) the United States shall have 
the right of immediate entry onto the 
parcel. 
(ii) REQUIREMENTS FOR DETERMINA-
TION.—Any determination of the Secretary 
under clause (i) shall be made on the record 
and after an opportunity for a hearing. 
(6) COSTS.— 
(A) IN GENERAL.—The Secretary of Energy 
shall require the Institute to pay, or reimburse 
the Secretary concerned, for any costs incurred 
by the Secretary concerned in carrying out the 
conveyance under paragraph (1), including any 
survey costs related to the conveyance. 
(B) REFUND.—If the Secretary concerned 
collects amounts under subparagraph (A) from 
the Institute before the Secretary concerned in-
curs the actual costs, and the amount collected 
exceeds the actual costs incurred by the Secretary 
concerned to carry out the conveyance, the Sec-
retary concerned shall refund to the Institute an 
amount equal to difference between—
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(i) the amount collected by the Sec-
retary concerned; and 
(ii) the actual costs incurred by the 
Secretary concerned. 
(C) DEPOSIT IN FUND.— 
(i) IN GENERAL.—Amounts received by 
the United States under this paragraph as 
a reimbursement or recovery of costs in-
curred by the Secretary concerned to carry 
out the conveyance under paragraph (1) 
shall be deposited in the fund or account 
that was used to cover the costs incurred by 
the Secretary concerned in carrying out the 
conveyance. 
(ii) USE.—Any amounts deposited 
under clause (i) shall be available for the 
same purposes, and subject to the same con-
ditions and limitations, as any other 
amounts in the fund or account. 
(7) CONTAMINATED LAND.—In consideration for 
the conveyance of the parcel under paragraph (1), the 
Institute shall— 
(A) take fee title to the parcel and any im-
provements to the parcel, as contaminated;
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(B) be responsible for undertaking and com-
pleting all environmental remediation required 
at, in, under, from, or on the parcel for all envi-
ronmental conditions relating to or arising from 
the release or threat of release of waste material, 
substances, or constituents, in the same manner 
and to the same extent as required by law appli-
cable to privately owned facilities, regardless of 
the date of the contamination or the responsible 
party; 
(C) indemnify the United States for— 
(i) any environmental remediation or 
response costs the United States reasonably 
incurs if the Institute fails to remediate the 
parcel; or 
(ii) contamination at, in, under, from, 
or on the land, for all environmental condi-
tions relating to or arising from the release 
or threat of release of waste material, sub-
stances, or constituents; 
(D) indemnify, defend, and hold harmless 
the United States from any damages, costs, ex-
penses, liabilities, fines, penalties, claim, or de-
mand for loss, including claims for property 
damage, personal injury, or death resulting from
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releases, discharges, emissions, spills, storage, 
disposal, or any other acts or omissions by the 
Institute and any officers, agents, employees, 
contractors, sublessees, licensees, successors, as-
signs, or invitees of the Institute arising from ac-
tivities conducted, on or after October 1, 1996, 
on the parcel conveyed under paragraph (1); and 
(E) reimburse the United States for all legal 
and attorney fees, costs, and expenses incurred in 
association with the defense of any claims de-
scribed in subparagraph (D). 
(8) CONTINGENT ENVIRONMENTAL RESPONSE OB-
LIGATIONS.—If the Institute does not undertake or 
complete environmental remediation as required by 
paragraph (7) and the United States is required to 
assume the responsibilities of the remediation, the 
Secretary of Energy shall be responsible for con-
ducting any necessary environmental remediation or 
response actions with respect to the parcel conveyed 
under paragraph (1). 
(9) NO ADDITIONAL COMPENSATION.—Except as 
otherwise provided in this section, no additional con-
sideration shall be required for conveyance of the par-
cel to the Institute under paragraph (1).
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(10) ACCESS AND UTILITIES.—On conveyance of 
the parcel under paragraph (1), the Secretary of the 
Air Force shall, on behalf of the United States and 
subject to any terms and conditions as the Secretary 
determines to be necessary (including conditions pro-
viding for the reimbursement of costs), provide the In-
stitute with— 
(A) access for employees and invitees of the 
Institute across Kirtland Air Force Base to the 
parcel conveyed under that paragraph; and 
(B) access to utility services for the land 
and any improvements to the land conveyed 
under that paragraph. 
(11) ADDITIONAL TERM AND CONDITIONS.—The 
Secretary of Energy, in consultation with the Sec-
retary of the Interior and Secretary of the Air Force, 
may require any additional terms and conditions for 
the conveyance under paragraph (1) that the Secre-
taries determine to be appropriate to protect the in-
terests of the United States. 
(c) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 
(1) IN GENERAL.—After the conveyance under 
subsection (b)(1) has been completed, the Secretary of 
Energy shall, on request of the Secretary of the Air 
Force, transfer to the Secretary of the Air Force ad-
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ministrative jurisdiction over the parcel of approxi-
mately 7 acres of land identified as ‘‘Parcel B’’ on the 
map, including any improvements to the parcel. 
(2) REMOVAL
OF
IMPROVEMENTS.—In concur-
rence with the transfer under paragraph (1), the Sec-
retary of Energy shall, on request of the Secretary of 
the Air Force, arrange and pay for removal of any 
improvements to the parcel transferred under that 
paragraph. 
SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NA-
TIONAL TROPICAL BOTANICAL GARDEN. 
Chapter 1535 of title 36, United States Code, is 
amended by adding at the end the following: 
‘‘§ 153514. Authorization of appropriations 
‘‘(a) IN GENERAL.—Subject to subsection (b), there is 
authorized to be appropriated to the corporation for oper-
ation and maintenance expenses $500,000 for each of fiscal 
years 2008 through 2017. 
‘‘(b) LIMITATION.—Any Federal funds made available 
under subsection (a) shall be matched on a 1-to-1 basis by 
non-Federal funds.’’.
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TITLE XIV—CHRISTOPHER AND 
DANA REEVE PARALYSIS ACT 
SEC. 14001. SHORT TITLE. 
This title may be cited as the ‘‘Christopher and Dana 
Reeve Paralysis Act’’. 
Subtitle A—Paralysis Research 
SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF 
HEALTH WITH RESPECT TO RESEARCH ON PA-
RALYSIS. 
(a) COORDINATION.—The Director of the National In-
stitutes of Health (referred to in this title as the ‘‘Direc-
tor’’), pursuant to the general authority of the Director, 
may develop mechanisms to coordinate the paralysis re-
search and rehabilitation activities of the Institutes and 
Centers of the National Institutes of Health in order to fur-
ther advance such activities and avoid duplication of activi-
ties. 
(b) CHRISTOPHER AND DANA REEVE PARALYSIS RE-
SEARCH CONSORTIA.— 
(1) IN
GENERAL.—The Director may make 
awards of grants to public or private entities to pay 
all or part of the cost of planning, establishing, im-
proving, and providing basic operating support for 
consortia in paralysis research. The Director shall 
designate each consortium funded through such grants
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as a Christopher and Dana Reeve Paralysis Research 
Consortium. 
(2) RESEARCH.—Each consortium under para-
graph (1)— 
(A) may conduct basic, translational, and 
clinical paralysis research; 
(B) may focus on advancing treatments and 
developing therapies in paralysis research; 
(C) may focus on one or more forms of pa-
ralysis that result from central nervous system 
trauma or stroke; 
(D) may facilitate and enhance the dissemi-
nation of clinical and scientific findings; and 
(E) may replicate the findings of consortia 
members or other researchers for scientific and 
translational purposes. 
(3) COORDINATION OF CONSORTIA; REPORTS.— 
The Director may, as appropriate, provide for the co-
ordination of information among consortia under 
paragraph (1) and ensure regular communication 
among members of the consortia, and may require the 
periodic preparation of reports on the activities of the 
consortia and the submission of the reports to the Di-
rector.
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(4) ORGANIZATION OF CONSORTIA.—Each con-
sortium under paragraph (1) may use the facilities of 
a single lead institution, or be formed from several co-
operating institutions, meeting such requirements as 
may be prescribed by the Director. 
(c) PUBLIC INPUT.—The Director may provide for a 
mechanism to educate and disseminate information on the 
existing and planned programs and research activities of 
the National Institutes of Health with respect to paralysis 
and through which the Director can receive comments from 
the public regarding such programs and activities. 
Subtitle B—Paralysis 
Rehabilitation Research and Care 
SEC. 14201. ACTIVITIES OF THE NATIONAL INSTITUTES OF 
HEALTH WITH RESPECT TO RESEARCH WITH 
IMPLICATIONS FOR ENHANCING DAILY FUNC-
TION FOR PERSONS WITH PARALYSIS. 
(a) IN GENERAL.—The Director, pursuant to the gen-
eral authority of the Director, may make awards of grants 
to public or private entities to pay all or part of the costs 
of planning, establishing, improving, and providing basic 
operating support to multicenter networks of clinical sites 
that will collaborate to design clinical rehabilitation inter-
vention protocols and measures of outcomes on one or more 
forms of paralysis that result from central nervous system
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trauma, disorders, or stroke, or any combination of such 
conditions. 
(b) RESEARCH.—A multicenter network of clinical 
sites funded through this section may— 
(1) focus on areas of key scientific concern, in-
cluding— 
(A) improving functional mobility; 
(B) promoting behavioral adaptation to 
functional losses, especially to prevent secondary 
complications; 
(C) assessing the efficacy and outcomes of 
medical rehabilitation therapies and practices 
and assisting technologies; 
(D) developing improved assistive tech-
nology to improve function and independence; 
and 
(E) understanding whole body system re-
sponses to physical impairments, disabilities, 
and societal and functional limitations; and 
(2) replicate the findings of network members or 
other researchers for scientific and translation pur-
poses. 
(c) COORDINATION OF CLINICAL TRIALS NETWORKS; 
REPORTS.—The Director may, as appropriate, provide for 
the coordination of information among networks funded
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through this section and ensure regular communication 
among members of the networks, and may require the peri-
odic preparation of reports on the activities of the networks 
and submission of reports to the Director. 
Subtitle C—Improving Quality of 
Life for Persons With Paralysis 
and Other Physical Disabilities 
SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR 
PERSONS WITH PARALYSIS AND OTHER PHYS-
ICAL DISABILITIES. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (in this subtitle referred to as the ‘‘Sec-
retary’’) may study the unique health challenges associated 
with paralysis and other physical disabilities and carry out 
projects and interventions to improve the quality of life and 
long-term health status of persons with paralysis and other 
physical disabilities. The Secretary may carry out such 
projects directly and through awards of grants or contracts. 
(b) CERTAIN ACTIVITIES.—Activities under subsection 
(a) may include— 
(1) the development of a national paralysis and 
physical disability quality of life action plan, to pro-
mote health and wellness in order to enhance full par-
ticipation, independent living, self-sufficiency, and 
equality of opportunity in partnership with vol-
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untary health agencies focused on paralysis and other 
physical disabilities, to be carried out in coordination 
with the State-based Disability and Health Program 
of the Centers for Disease Control and Prevention; 
(2) support for programs to disseminate infor-
mation involving care and rehabilitation options and 
quality of life grant programs supportive of commu-
nity-based programs and support systems for persons 
with paralysis and other physical disabilities; 
(3) in collaboration with other centers and na-
tional voluntary health agencies, the establishment of 
a population-based database that may be used for lon-
gitudinal and other research on paralysis and other 
disabling conditions; and 
(4) the replication and translation of best prac-
tices and the sharing of information across States, as 
well as the development of comprehensive, unique, and 
innovative programs, services, and demonstrations 
within existing State-based disability and health pro-
grams of the Centers for Disease Control and Preven-
tion which are designed to support and advance qual-
ity of life programs for persons living with paralysis 
and other physical disabilities focusing on— 
(A) caregiver education;
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(B) promoting proper nutrition, increasing 
physical activity, and reducing tobacco use; 
(C) education and awareness programs for 
health care providers; 
(D) prevention of secondary complications; 
(E) home- and community-based interven-
tions; 
(F) coordinating services and removing bar-
riers that prevent full participation and integra-
tion into the community; and 
(G) recognizing the unique needs of under-
served populations. 
(c) GRANTS.—The Secretary may award grants in ac-
cordance with the following: 
(1) To State and local health and disability 
agencies for the purpose of— 
(A) establishing a population-based data-
base that may be used for longitudinal and other 
research on paralysis and other disabling condi-
tions; 
(B) developing comprehensive paralysis and 
other physical disability action plans and activi-
ties focused on the items listed in subsection 
(b)(4);
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(C) assisting State-based programs in estab-
lishing and implementing partnerships and col-
laborations that maximize the input and support 
of people with paralysis and other physical dis-
abilities and their constituent organizations; 
(D) coordinating paralysis and physical 
disability activities with existing State-based 
disability and health programs; 
(E) providing education and training op-
portunities and programs for health professionals 
and allied caregivers; and 
(F) developing, testing, evaluating, and rep-
licating effective intervention programs to main-
tain or improve health and quality of life. 
(2) To private health and disability organiza-
tions for the purpose of— 
(A) disseminating information to the pub-
lic; 
(B) improving access to services for persons 
living with paralysis and other physical disabil-
ities and their caregivers; 
(C) testing model intervention programs to 
improve health and quality of life; and 
(D) coordinating existing services with 
State-based disability and health programs.
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(d) COORDINATION
OF ACTIVITIES.—The Secretary 
shall ensure that activities under this section are coordi-
nated as appropriate by the agencies of the Department of 
Health and Human Services. 
(e) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there is authorized to 
be appropriated $25,000,000 for each of fiscal years 2008 
through 2011. 
TITLE XV—SMITHSONIAN INSTI-
TUTION FACILITIES AUTHOR-
IZATION 
SEC. 
15101. 
LABORATORY 
AND 
SUPPORT 
SPACE, 
EDGEWATER, MARYLAND. 
(a) AUTHORITY TO DESIGN AND CONSTRUCT.—The 
Board of Regents of the Smithsonian Institution is author-
ized to design and construct laboratory and support space 
to accommodate the Mathias Laboratory at the Smithso-
nian Environmental Research Center in Edgewater, Mary-
land. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section a 
total of $41,000,000 for fiscal years 2009 through 2011. 
Such sums shall remain available until expended.
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SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA. 
(a) AUTHORITY TO CONSTRUCT.—The Board of Re-
gents of the Smithsonian Institution is authorized to con-
struct laboratory space to accommodate the terrestrial re-
search program of the Smithsonian tropical research insti-
tute in Gamboa, Panama. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section a 
total of $14,000,000 for fiscal years 2009 and 2010. Such 
sums shall remain available until expended. 
SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY. 
(a) IN GENERAL.—The Board of Regents of the Smith-
sonian Institution is authorized to construct a greenhouse 
facility at its museum support facility in Suitland, Mary-
land, to maintain the horticultural operations of, and pre-
serve the orchid collection held in trust by, the Smithsonian 
Institution. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $12,000,000 to carry out this 
section. Such sums shall remain available until expended. 
Amend the title so as to read: ‘‘An Act to designate 
certain land as components of the National Wilderness 
Preservation System, to authorize certain programs and
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activities in the Department of the Interior and the De-
partment of Agriculture, and for other purposes.’’. 
Attest: 
Secretary.