IB 
Union Calendar No. 581 
110TH CONGRESS 
2D SESSION 
H. R. 2701 
[Report No. 110-904] 
To strengthen our Nation’s energy security and mitigate the effects of climate 
change by promoting energy efficient transportation and public buildings, 
creating incentives for the use of alternative fuel vehicles and renewable 
energy, and ensuring sound water resource and natural disaster prepared-
ness planning, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 13, 2007 
Mr. OBERSTAR (for himself, Mr. DEFAZIO, Ms. NORTON, Mr. NADLER, Mr. 
FILNER, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. BOSWELL, Mr. 
CAPUANO, Ms. CARSON, Mr. HIGGINS, Mrs. NAPOLITANO, Mr. LIPINSKI, 
Ms. MATSUI, Mr. HALL of New York, and Mr. MCNERNEY) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure 
SEPTEMBER 29, 2008 
Additional sponsor: Mr. LOEBSACK 
SEPTEMBER 29, 2008 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 13, 2007] 
A BILL 
To strengthen our Nation’s energy security and mitigate 
the effects of climate change by promoting energy effi-
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cient transportation and public buildings, creating incen-
tives for the use of alternative fuel vehicles and renew-
able energy, and ensuring sound water resource and nat-
ural disaster preparedness planning, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Transportation Energy Security and Climate Change 
Mitigation Act of 2007’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
TITLE I—DEPARTMENT OF TRANSPORTATION 
Sec. 101. Center for climate change and environment. 
TITLE II—HIGHWAYS AND TRANSIT 
Subtitle A—Public Transportation 
Sec. 201. Grants to improve public transportation services. 
Sec. 202. Increased Federal share for Clean Air Act compliance. 
Sec. 203. Commuter rail transit enhancement. 
Subtitle B—Federal-Aid Highways 
Sec. 251. Increased Federal share for CMAQ projects. 
Sec. 252. Distribution of rescissions. 
Sec. 253. Sense of Congress regarding use of complete streets design techniques. 
TITLE III—RAILROAD AND PIPELINE TRANSPORTATION 
Subtitle A—Railroads 
Sec. 301. Green locomotive grant program. 
Sec. 302. Capital grants for railroad track. 
Subtitle B—Pipelines 
Sec. 311. Feasibility studies. 
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TITLE IV—MARITIME TRANSPORTATION 
Subtitle A—General Provisions 
Sec. 401. Short sea transportation initiative. 
Sec. 402. Short sea shipping eligibility for capital construction fund. 
Sec. 403. Report. 
Sec. 404. Green ports initiative. 
Subtitle B—Maritime Pollution 
Sec. 451. References. 
Sec. 452. Definitions. 
Sec. 453. Applicability. 
Sec. 454. Administration and enforcement. 
Sec. 455. Certificates. 
Sec. 456. Reception facilities. 
Sec. 457. Inspections. 
Sec. 458. Amendments to the protocol. 
Sec. 459. Penalties. 
Sec. 460. Effect on other laws. 
TITLE V—AVIATION 
Sec. 501. CLEEN engine and airframe technology partnership. 
Sec. 502. Environmental mitigation pilot program. 
TITLE VI—PUBLIC BUILDINGS 
Subtitle A—General Services Administration 
Sec. 601. Public building energy efficient and renewable energy systems. 
Sec. 602. Public building life-cycle costs. 
Sec. 603. Installation of photovoltaic system at department of energy head-
quarters building. 
Subtitle B—Coast Guard 
Sec. 631. Prohibition on incandescent lamps by Coast Guard. 
Subtitle C—Architect of the Capitol 
Sec. 651. Capitol complex photovoltaic roof feasibility study. 
Sec. 652. Capitol complex E–85 refueling station. 
Sec. 653. Energy and environmental measures in Capitol complex master plan. 
Sec. 654. Capitol Power Plant. 
TITLE VII—WATER RESOURCES AND EMERGENCY MANAGEMENT 
PREPAREDNESS 
Subtitle A—Water Resources 
Sec. 701. Policy of the United States. 
Sec. 702. 21st Century Water Commission. 
Sec. 703. Improving hydropower capabilities. 
Sec. 704. Study of Potential Impacts of Climate Change on Water Resources and 
Water Quality. 
Sec. 705. Impacts of climate change on Corps of Engineers projects. 
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Subtitle B—Emergency Management 
Sec. 731. Effects of climate change on FEMA preparedness, response, recovery, 
and mitigation programs. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Evidence that atmospheric warming and cli-
mate change are occurring is unequivocal. 
(2) Observed and anticipated impacts of climate 
change can result in economic harm and environ-
mental damage to the United States and the world. 
(3) The Nation’s water resources, ecosystems, and 
infrastructure will be under increasing stress and 
pressure in coming decades, particularly due to cli-
mate change. 
(4) Greenhouse gases, such as carbon dioxide, 
methane, and nitrous oxides, can lead to atmospheric 
warming and climate change. 
(5) Transportation and buildings are among the 
leading sources of greenhouse gas emissions. 
(6) Increased reliance on energy efficient and re-
newable energy transportation and public buildings 
can strengthen our Nation’s energy security and miti-
gate the effects of climate change by cutting green-
house gas emissions. 
(7) The Federal Government can strengthen our 
Nation’s energy security and mitigate the effects of 
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climate change by promoting energy efficient trans-
portation and public buildings, creating incentives for 
the use of alternative fuel vehicles and renewable en-
ergy, and ensuring sound water resource and natural 
disaster preparedness planning. 
(b) PURPOSES.—The purposes of this Act are to 
strengthen our Nation’s energy security and mitigate the 
effects of climate change by promoting energy efficient 
transportation and public buildings, creating incentives for 
the use of alternative fuel vehicles and renewable energy, 
and ensuring sound water resource and natural disaster 
preparedness planning. 
TITLE I—DEPARTMENT OF 
TRANSPORTATION 
SEC. 101. CENTER FOR CLIMATE CHANGE AND ENVIRON-
MENT. 
(a) IN GENERAL.—Section 102 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (g) as subsection 
(h); and 
(2) by adding after subsection (f) the following: 
‘‘(g) CENTER FOR CLIMATE CHANGE AND ENVIRON-
MENT.— 
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‘‘(1) ESTABLISHMENT.—There is established in 
the Department a Center for Climate Change and En-
vironment to plan, coordinate, and implement— 
‘‘(A) department-wide research, strategies, 
and actions to reduce transportation-related en-
ergy use and mitigate the effects of climate 
change; and 
‘‘(B) department-wide research strategies 
and action to address the impacts of climate 
change on transportation systems and infra-
structure. 
‘‘(2) CLEARINGHOUSE.—The Center shall estab-
lish a clearinghouse of low-cost solutions to reduce 
congestion and transportation-related energy use and 
mitigate the effects of climate change.’’. 
(b) LOW-COST CONGESTION SOLUTIONS.— 
(1) STUDY.—The Center for Climate Change and 
Environment of the Department of Transportation 
shall conduct a study to examine fuel efficiency sav-
ings and clean air impacts of major transportation 
projects, to identify low-cost solutions to reduce con-
gestion and transportation-related energy use and 
mitigate the effects of climate change, and to alleviate 
such problems as railroad pricing that may force 
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freight off the more fuel efficient railroads and onto 
less fuel efficient trucks. 
(2) REPORT.—Not later than one year after the 
date of enactment of this Act, the Secretary of Trans-
portation shall transmit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives a report on low-cost solutions to reducing 
congestion and transportation-related energy use and 
mitigating the effects of climate change. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for the Cen-
ter to carry out its duties under section 102(g) of title 49, 
United States Code, such sums as may be necessary for fis-
cal years 2008 through 2011. 
TITLE II—HIGHWAYS AND 
TRANSIT 
Subtitle A—Public Transportation 
SEC. 201. GRANTS TO IMPROVE PUBLIC TRANSPORTATION 
SERVICES. 
(a) AUTHORIZATIONS OF APPROPRIATIONS.— 
(1) URBANIZED
AREA
FORMULA
GRANTS.—In 
addition 
to 
amounts 
allocated 
under 
section 
5338(b)(2)(B) of title 49, United States Code, to carry 
out section 5307 of such title, there is authorized to 
be appropriated $750,000,000 for each of fiscal years 
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2008 and 2009 to carry out such section 5307. Such 
funds shall be apportioned in accordance with section 
5336 (other than subsections (i)(1) and (j)) of such 
title but may not be combined or commingled with 
any other funds apportioned under such section 5336. 
(2) FORMULA GRANTS FOR OTHER THAN URBAN-
IZED
AREAS.—In addition to amounts allocated 
under section 5338(b)(2)(G) of title 49, United States 
Code, to carry out section 5311 of such title, there is 
authorized to be appropriated $100,000,000 for each 
of fiscal years 2008 and 2009 to carry out such sec-
tion 5311. Such funds shall be apportioned in accord-
ance with such section 5311 but may not be combined 
or commingled with any other funds apportioned 
under such section 5311. 
(b) USE OF FUNDS.—Notwithstanding sections 5307 
and 5311 of title 49, United States Code, the Secretary of 
Transportation may make grants under such sections from 
amounts appropriated under subsection (a) only for one or 
more of the following: 
(1) If the recipient of the grant is reducing, or 
certifies to the Secretary that, during the term of the 
grant, the recipient will reduce one or more fares the 
recipient charges for public transportation, those op-
erating costs of equipment and facilities being used to 
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provide the public transportation that the recipient is 
no longer able to pay from the revenues derived from 
such fare or fares as a result of such reduction. 
(2) If the recipient of the grant is expanding, or 
certifies to the Secretary that, during the term of the 
grant, the recipient will expand public transportation 
service, those operating and capital costs of equipment 
and facilities being used to provide the public trans-
portation service that the recipient incurs as a result 
of the expansion of such service. 
(c) FEDERAL SHARE.—Notwithstanding any other 
provision of law, the Federal share of the costs for which 
a grant is made under this section shall be 100 percent. 
(d) PERIOD OF AVAILABILITY.—Funds appropriated 
under this section shall remain available for a period of 
2 fiscal years. 
SEC. 202. INCREASED FEDERAL SHARE FOR CLEAN AIR ACT 
COMPLIANCE. 
Notwithstanding section 5323(i)(1) of title 49, United 
States Code, a grant for a project to be assisted under chap-
ter 53 of such title during fiscal years 2008 and 2009 that 
involves acquiring clean fuel or alternative fuel vehicle-re-
lated equipment or facilities for the purposes of complying 
with or maintaining compliance with the Clean Air Act 
(42 U.S.C. 7401 et seq.) shall be for 100 percent of the net 
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project cost of the equipment or facility attributable to com-
pliance with that Act. 
SEC. 203. COMMUTER RAIL TRANSIT ENHANCEMENT. 
(a) AMENDMENT.—Part E of subtitle V of title 49, 
United States Code, is amended by adding at the end the 
following: 
‘‘CHAPTER 285—COMMUTER RAIL TRANSIT 
ENHANCEMENT 
‘‘Sec. 
‘‘28501. Definitions. 
‘‘28502. Surface Transportation Board mediation of trackage use requests. 
‘‘28503. Surface Transportation Board mediation of rights-of-way use requests. 
‘‘28504. Applicability of other laws. 
‘‘28505. Rules and regulations. 
‘‘§ 28501. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘Board’ means the Surface Trans-
portation Board; 
‘‘(2) the term ‘capital work’ means maintenance, 
restoration, reconstruction, capacity enhancement, or 
rehabilitation work on trackage that would be treated, 
in accordance with generally accepted accounting 
principles, as a capital item rather than an expense; 
‘‘(3) the term ‘fixed guideway transportation’ 
means public transportation (as defined in section 
5302(a)(10)) provided on, by, or using a fixed guide-
way (as defined in section 5302(a)(4)); 
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‘‘(4) the term ‘public transportation authority’ 
means a local governmental authority (as defined in 
section 5302(a)(6)) established to provide, or make a 
contract providing for, fixed guideway transportation; 
‘‘(5) the term ‘rail carrier’ means a person, other 
than a governmental authority, providing common 
carrier railroad transportation for compensation sub-
ject to the jurisdiction of the Board under chapter 
105; 
‘‘(6) the term ‘segregated fixed guideway facility’ 
means a fixed guideway facility constructed within 
the railroad right-of-way of a rail carrier but phys-
ically separate from trackage, including relocated 
trackage, within the right-of-way used by a rail car-
rier for freight transportation purposes; and 
‘‘(7) the term ‘trackage’ means a railroad line of 
a rail carrier, including a spur, industrial, team, 
switching, side, yard, or station track, and a facility 
of a rail carrier. 
‘‘§ 28502. Surface Transportation Board mediation of 
trackage use requests 
‘‘If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a 
rail carrier to use trackage of, and have related services pro-
vided by, the rail carrier for purposes of fixed guideway 
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transportation, the public transportation authority or the 
rail carrier may apply to the Board for nonbinding medi-
ation. The Board shall conduct the nonbinding mediation 
in accordance with the mediation process of section 1109.4 
of title 49, Code of Federal Regulations, as in effect on the 
date of enactment of this section. 
‘‘§ 28503. Surface Transportation Board mediation of 
rights-of-way use requests 
‘‘If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a 
rail carrier to acquire an interest in a railroad right-of- 
way for the construction and operation of a segregated fixed 
guideway facility, the public transportation authority or 
the rail carrier may apply to the Board for nonbinding 
mediation. The Board shall conduct the nonbinding medi-
ation in accordance with the mediation process of section 
1109.4 of title 49, Code of Federal Regulations, as in effect 
on the date of enactment of this section. 
‘‘§ 28504. Applicability of other laws 
‘‘Nothing in this chapter shall be construed to limit 
a rail transportation provider’s right under section 
28103(b) to enter into contracts that allocate financial re-
sponsibility for claims. 
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‘‘§ 28505. Rules and regulations 
‘‘Not later than 180 days after the date of enactment 
of this section, the Board shall issue such rules and regula-
tions as may be necessary to carry out this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters of 
such subtitle is amended by adding after the item relating 
to chapter 283 the following: 
‘‘285. COMMUTER RAIL TRANSIT ENHANCEMENT ........................... 28501’’. 
Subtitle B—Federal-Aid Highways 
SEC. 
251. 
INCREASED 
FEDERAL 
SHARE 
FOR 
CMAQ 
PROJECTS. 
Section 120(c) of title 23, United States Code, is 
amended— 
(1) in the subsection heading by striking ‘‘FOR 
CERTAIN SAFETY PROJECTS’’; 
(2) by striking ‘‘The Federal share’’ and insert-
ing the following: 
‘‘(1) CERTAIN SAFETY PROJECTS.—The Federal 
share’’; and 
(3) by adding at the end the following: 
‘‘(2) CMAQ PROJECTS.—The Federal share pay-
able on account of a project or program carried out 
under section 149 with funds obligated in fiscal year 
2008 or 2009, or both, shall be 100 percent of the cost 
thereof.’’. 
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SEC. 252. DISTRIBUTION OF RESCISSIONS. 
(a) IN
GENERAL.—Any unobligated balances of 
amounts that are appropriated from the Highway Trust 
Fund for a fiscal year, and apportioned under chapter 1 
of title 23, United States Code, before, on, or after the date 
of enactment of this Act and that are rescinded after such 
date of enactment shall be distributed within each State (as 
defined in section 101 of such title) among all programs 
for which funds are apportioned under such chapter for 
such fiscal year, to the extent sufficient funds remain avail-
able for obligation, in the ratio that the amount of funds 
apportioned for each program under such chapter for such 
fiscal year, bears to the amount of funds apportioned for 
all such programs under such chapter for such fiscal year. 
(b) TREATMENT OF TRANSPORTATION ENHANCEMENT 
SET-ASIDE
AND FUNDS SUBALLOCATED
TO SUBSTATE 
AREAS.—Funds set aside under sections 133(d)(2) and 
133(d)(3) of title 23, United States Code, shall be treated 
as being apportioned under chapter 1 of such title for pur-
poses of subsection (a). 
SEC. 253. SENSE OF CONGRESS REGARDING USE OF COM-
PLETE STREETS DESIGN TECHNIQUES. 
It is the sense of Congress that in constructing new 
roadways or rehabilitating existing facilities, State and 
local governments should employ policies designed to accom-
modate all users, including motorists, pedestrians, cyclists, 
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transit riders, and people of all ages and abilities, in order 
to— 
(1) serve all surface transportation users by cre-
ating a more interconnected and intermodal system; 
(2) create more viable transportation options; 
and 
(3) facilitate the use of environmentally friendly 
options, such as public transportation, walking, and 
bicycling. 
TITLE III—RAILROAD AND 
PIPELINE TRANSPORTATION 
Subtitle A—Railroads 
SEC. 301. GREEN LOCOMOTIVE GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
shall establish a program for making grants to railroad car-
riers and State and local governments for assistance in pur-
chasing qualified locomotives. 
(b) RAILROAD CARRIER DEFINED.—The term ‘‘rail-
road carrier’’ has the meaning that the term has in section 
20102 of title 49, United States Code. 
(c) USE OF FUNDS.—— 
(1) GRANTS.—The Secretary may make a grant 
to a railroad carrier or a State or local government— 
(A) to purchase locomotives, including 
switch locomotives, that exceed the Environ-
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mental Protection Agency’s emission standards 
for locomotives and locomotive engines; or 
(B) to recondition locomotives, including 
switch locomotives, to ensure that such loco-
motives meet or exceed the Environmental Pro-
tection Agency’s emission standards for loco-
motives and locomotive engines. 
(2) LIMITATION.—Notwithstanding paragraph 
(1), no grant under this section may be used to fund 
the costs of emission reductions that are mandated 
under Federal, State, or local law. 
(d) GRANT CRITERIA.—In selecting applicants for 
grants under this section, the Secretary shall consider— 
(1) the identified need for locomotives that exceed 
the Environmental Protection Agency’s emission 
standards for locomotives or locomotive engines in the 
areas served by the applicant; 
(2) the benefits of the emissions reductions of the 
proposed project; and 
(3) the extent to which the applicant dem-
onstrates innovative strategies and a financial com-
mitment to increasing energy efficiency and reducing 
greenhouse gas emissions of its railroad operations. 
(e) COMPETITIVE GRANT SELECTION.—The Secretary 
shall conduct a national solicitation for applications for 
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grants under this section and shall select grantees on a com-
petitive basis. 
(f) FEDERAL SHARE.—The Federal share of the costs 
for a project under this section shall not exceed 90 percent 
of the project cost. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $50,000,000 
for each of the fiscal years 2008 through 2011 to carry out 
this section. Such funds shall remain available until ex-
pended. 
SEC. 302. CAPITAL GRANTS FOR RAILROAD TRACK. 
(a) AMENDMENT.—Chapter 223 of title 49, United 
States Code, is amended to read as follows: 
‘‘CHAPTER 223—CAPITAL GRANTS FOR 
RAILROAD TRACK 
‘‘Sec. 
‘‘22301. Capital grants for railroad track. 
‘‘§ 22301. Capital grants for railroad track 
‘‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Trans-
portation shall establish a program of capital grants 
for the rehabilitation, preservation, or improvement of 
railroad track (including roadbed, bridges, and re-
lated track structures) of class II and class III rail-
roads. Such grants shall be for rehabilitating, pre-
serving, or improving track used primarily for freight 
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transportation to a standard ensuring that the track 
can be operated safely and efficiently, including 
grants for rehabilitating, preserving, or improving 
track to handle 286,000 pound railcars. Grants may 
be provided under this chapter— 
‘‘(A) directly to the class II or class III 
railroad; or 
‘‘(B) with the concurrence of the class II or 
class III railroad, to a State or local govern-
ment. 
‘‘(2) STATE COOPERATION.—Class II and class 
III railroad applicants for a grant under this chapter 
are encouraged to utilize the expertise and assistance 
of State transportation agencies in applying for and 
administering such grants. State transportation agen-
cies are encouraged to provide such expertise and as-
sistance to such railroads. 
‘‘(3) INTERIM
REGULATIONS.—Not later than 
December 31, 2007, the Secretary shall issue tem-
porary regulations to implement the program under 
this section. Subchapter II of chapter 5 of title 5 does 
not apply to a temporary regulation issued under this 
paragraph or to an amendment to such a temporary 
regulation. 
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‘‘(4) FINAL REGULATIONS.—Not later than Octo-
ber 1, 2008, the Secretary shall issue final regulations 
to implement the program under this section. 
‘‘(b) MAXIMUM FEDERAL SHARE.—The maximum 
Federal share for carrying out a project under this section 
shall be 80 percent of the project cost. The non-Federal share 
may be provided by any non-Federal source in cash, equip-
ment, or supplies. Other in-kind contributions may be ap-
proved by the Secretary on a case-by-case basis consistent 
with this chapter. 
‘‘(c) PROJECT ELIGIBILITY.—For a project to be eligi-
ble for assistance under this section the track must have 
been operated or owned by a class II or class III railroad 
as of the date of the enactment of this chapter. 
‘‘(d) USE OF FUNDS.—Grants provided under this sec-
tion shall be used to implement track capital projects as 
soon as possible. In no event shall grant funds be contrac-
tually obligated for a project later than the end of the third 
Federal fiscal year following the year in which the grant 
was awarded. Any funds not so obligated by the end of such 
fiscal year shall be returned to the Secretary for realloca-
tion. 
‘‘(e) EMPLOYEE PROTECTION.—The Secretary shall re-
quire as a condition of any grant made under this section 
that the recipient railroad provide a fair arrangement at 
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least as protective of the interests of employees who are af-
fected by the project to be funded with the grant as the terms 
imposed under section 11326(a), as in effect on the date 
of the enactment of this chapter. 
‘‘(f) LABOR STANDARDS.— 
‘‘(1) PREVAILING WAGES.—The Secretary shall 
ensure that laborers and mechanics employed by con-
tractors and subcontractors in construction work fi-
nanced by a grant made under this section will be 
paid wages not less than those prevailing on similar 
construction in the locality, as determined by the Sec-
retary of Labor under subchapter IV of chapter 31 of 
title 40 (commonly known as the ‘Davis-Bacon Act’). 
The Secretary shall make a grant under this section 
only after being assured that required labor standards 
will be maintained on the construction work. 
‘‘(2) WAGE RATES.—Wage rates in a collective 
bargaining agreement negotiated under the Railway 
Labor Act (45 U.S.C. 151 et seq.) are deemed for pur-
poses of this subsection to comply with the subchapter 
IV of chapter 31 of title 40. 
‘‘(g) STUDY.—The Secretary shall conduct a study of 
the projects carried out with grant assistance under this 
section to determine the public interest benefits associated 
with the light density railroad networks in the States and 
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their contribution to a multimodal transportation system. 
Not later than March 31, 2009, the Secretary shall report 
to Congress any recommendations the Secretary considers 
appropriate regarding the eligibility of light density rail 
networks for Federal infrastructure financing. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Transpor-
tation $250,000,000 for each of fiscal years 2008 through 
2011 for carrying out this section.’’. 
(b) CONFORMING AMENDMENT.—The item relating to 
chapter 223 in the table of chapters of subtitle V of title 
49, United States Code, is amended to read as follows: 
‘‘223. CAPITAL GRANTS FOR RAILROAD TRACK ............................... 22301’’. 
Subtitle B—Pipelines 
SEC. 311. FEASIBILITY STUDIES. 
(a) IN GENERAL.—The Secretary of Energy, in coordi-
nation with the Secretary of Transportation, shall conduct 
feasibility studies for the construction of pipelines dedicated 
to the transportation of ethanol. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary of Energy shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on such feasibility studies. 
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(c) STUDY
FACTORS.—Feasibility studies funded 
under this subtitle shall include consideration of— 
(1) existing or potential barriers to the construc-
tion of pipelines dedicated to the transportation of 
ethanol, including technical, siting, financing, and 
regulatory barriers; 
(2) market risk, including throughput risk; 
(3) regulatory, financing, and siting options that 
would mitigate such risk and help ensure the con-
struction of pipelines dedicated to the transportation 
of ethanol; 
(4) ensuring the safe transportation of ethanol 
and preventive measures to ensure pipeline integrity; 
and 
(5) such other factors as the Secretary of Energy 
considers appropriate. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Energy 
to carry out this section $1,000,000 for each of the fiscal 
years 2008 and 2009, to remain available until expended. 
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TITLE IV—MARITIME 
TRANSPORTATION 
Subtitle A—General Provisions 
SEC. 401. SHORT SEA TRANSPORTATION INITIATIVE. 
(a) IN GENERAL.—Title 46, United States Code, is 
amended by adding after chapter 555 the following: 
‘‘CHAPTER 556—SHORT SEA 
TRANSPORTATION 
‘‘Sec. 55601. Short sea transportation program. 
‘‘Sec. 55602. Cargo and shippers. 
‘‘Sec. 55603. Financing of short sea transportation projects. 
‘‘Sec. 55604. Interagency coordination. 
‘‘Sec. 55605. Research on short sea transportation. 
‘‘Sec. 55606. Short sea transportation defined. 
‘‘§ 55601. Short sea transportation program 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a short sea transportation program 
and designate short sea transportation projects to be con-
ducted under the program to mitigate landside congestion. 
‘‘(b) PROGRAM ELEMENTS.—The program shall en-
courage the use of short sea transportation through the de-
velopment and expansion of— 
‘‘(1) documented vessels; 
‘‘(2) shipper utilization; 
‘‘(3) port and landside infrastructure; and 
‘‘(4) marine transportation strategies by State 
and local governments. 
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‘‘(c) SHORT SEA TRANSPORTATION ROUTES.—The 
Secretary shall designate short sea transportation routes as 
extensions of the surface transportation system to focus pub-
lic and private efforts to use the waterways to relieve 
landside congestion along coastal corridors. The Secretary 
may collect and disseminate data for the designation and 
delineation of short sea transportation routes. 
‘‘(d) PROJECT DESIGNATION.—The Secretary may 
designate a project to be a short sea transportation project 
if the Secretary determines that the project may— 
‘‘(1) offer a waterborne alternative to available 
landside transportation services using documented 
vessels; and 
‘‘(2) provide transportation services for pas-
sengers or freight (or both) that may reduce conges-
tion on landside infrastructure using documented ves-
sels. 
‘‘(e) ELEMENTS OF PROGRAM.—For a short sea trans-
portation project designated under this section, the Sec-
retary of Transportation may— 
‘‘(1) promote the development of short sea trans-
portation services; 
‘‘(2) coordinate, with ports, State departments of 
transportation, localities, other public agencies, and 
the private sector and on the development of landside 
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facilities and infrastructure to support short sea 
transportation services; and 
‘‘(3) develop performance measures for the short 
sea transportation program. 
‘‘(f) MULTISTATE, STATE AND REGIONAL TRANSPOR-
TATION PLANNING.—The Secretary, in consultation with 
Federal entities and State and local governments, shall de-
velop strategies to encourage the use of short sea transpor-
tation for transportation of passengers and cargo. The Sec-
retary shall— 
‘‘(1) assess the extent to which States and local 
governments include short sea transportation and 
other marine transportation solutions in their trans-
portation planning; 
‘‘(2) encourage State departments of transpor-
tation to develop strategies, where appropriate, to in-
corporate short sea transportation, ferries, and other 
marine transportation solutions for regional and 
interstate transport of freight and passengers in their 
transportation planning; and 
‘‘(3) encourage groups of States and multi-State 
transportation entities to determine how short sea 
transportation can address congestion, bottlenecks, 
and other interstate transportation challenges. 
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‘‘§ 55602. Cargo and shippers 
‘‘(a) MEMORANDUMS OF AGREEMENT.—The Secretary 
of Transportation shall enter into memorandums of under-
standing with the heads of other Federal entities to trans-
port federally owned or generated cargo using a short sea 
transportation project designated under section 55601 when 
practical or available. 
‘‘(b) SHORT-TERM INCENTIVES.—The Secretary shall 
consult shippers and other participants in transportation 
logistics and develop proposals for short-term incentives to 
encourage the use of short sea transportation. 
‘‘§ 55603. Financing of short sea transportation 
projects 
‘‘(a) AUTHORITY TO MAKE LOAN GUARANTEE.—The 
Secretary of Transportation, subject to the availability of 
appropriations, may make a loan guarantee for the financ-
ing of the construction, reconstruction, or reconditioning of 
a vessel that will be used for a short sea transportation 
project designated under section 55601. 
‘‘(b) TERMS AND CONDITIONS.—In making a loan 
guarantee under this section, the Secretary shall use the au-
thority, terms, and conditions that apply to a loan guar-
antee made under chapter 537. 
‘‘(c) GENERAL LIMITATIONS.—The total unpaid prin-
cipal amount of obligations guaranteed under this chapter 
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and 
outstanding 
at 
one 
time 
may 
not 
exceed 
$2,000,000,000. 
‘‘(d) FULL FAITH AND CREDIT.—The full faith and 
credit of the United States Government is pledged to the 
payment of a guarantee made under this chapter, for both 
principal and interest, including interest (as may be pro-
vided for in the guarantee) accruing between the date of 
default under a guaranteed obligation and the date of pay-
ment in full of the guarantee. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $25,000,000 to carry out this 
section for each of fiscal years 2008 through 2011. 
‘‘§ 55604. Interagency coordination 
‘‘The Secretary of Transportation shall establish a 
board to identify and seek solutions to impediments hin-
dering effective use of short sea transportation. The board 
shall include representatives of other Federal, State, and 
local governmental entities and private sector entities. 
‘‘§ 55605. Research on short sea transportation 
‘‘The Secretary of Transportation may conduct re-
search on short sea transportation, regarding— 
‘‘(1) the environmental and transportation bene-
fits to be derived from short sea transportation alter-
natives for other forms of transportation; 
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‘‘(2) technology, vessel design, and other im-
provements that would reduce emissions, increase fuel 
economy, and lower costs of short sea transportation 
and increase the efficiency of intermodal transfers; 
and 
‘‘(3) identify and seek solutions to impediments 
to short sea transportation projects designated under 
section 55601. 
‘‘§ 55606. Short sea transportation defined 
‘‘In this chapter, the term ‘short sea transportation’ 
means the carriage by vessel of cargo— 
‘‘(1) that is— 
‘‘(A) contained in intermodal cargo con-
tainers and loaded by crane on the vessel; or 
‘‘(B) loaded on the vessel by means of 
wheeled technology; and 
‘‘(2) that is— 
‘‘(A) loaded at a port in the United States 
and unloaded at another port in the United 
States or a port in Canada located in the Great 
Lakes Saint Lawrence Seaway System; or 
‘‘(B) loaded at a port in Canada located in 
the Great Lakes Saint Lawrence Seaway System 
and unloaded at a port in the United States.’’. 
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(b) CLERICAL AMENDMENT.—The table of chapters at 
the beginning of subtitle V of such title is amended by in-
serting after the item relating to chapter 555 the following: 
‘‘556. Short Sea Transportation .......................................................55601’’. 
(c) REGULATIONS.— 
(1) INTERIM REGULATIONS.—Not later than De-
cember 31, 2007, the Secretary of Transportation 
shall issue temporary regulations to implement the 
program under this section. Subchapter II of chapter 
5 of title 5, United States Code, does not apply to a 
temporary regulation issued under this paragraph or 
to an amendment to such a temporary regulation. 
(2) FINAL REGULATIONS.—Not later than Octo-
ber 1, 2008, the Secretary shall issue final regulations 
to implement the program under this section. 
SEC. 402. SHORT SEA SHIPPING ELIGIBILITY FOR CAPITAL 
CONSTRUCTION FUND. 
(a) DEFINITION
OF
QUALIFIED
VESSEL.—Section 
53501 of title 46, United States Code, is amended— 
(1) in paragraph (5)(A)(iii) by striking ‘‘or non-
contiguous domestic’’ and inserting ‘‘noncontiguous 
domestic, or short sea transportation trade’’; and 
(2) by inserting after paragraph (6) the fol-
lowing: 
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‘‘(7) SHORT SEA TRANSPORTATION TRADE.—The 
term ‘short sea transportation trade’ means the car-
riage by vessel of cargo— 
‘‘(A) that is— 
‘‘(i) contained in intermodal cargo 
containers and loaded by crane on the ves-
sel; or 
‘‘(ii) loaded on the vessel by means of 
wheeled technology; and 
‘‘(B) that is— 
‘‘(i) loaded at a port in the United 
States and unloaded at another port in the 
United States or a port in Canada located 
in the Great Lakes Saint Lawrence Seaway 
System; or 
‘‘(ii) loaded at a port in Canada lo-
cated in the Great Lakes Saint Lawrence 
Seaway System and unloaded at a port in 
the United States.’’. 
(b) ALLOWABLE PURPOSE.—Section 53503(b) of such 
title is amended by striking ‘‘or noncontiguous domestic 
trade’’ and inserting ‘‘noncontiguous domestic, or short sea 
transportation trade’’. 
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SEC. 403. REPORT. 
Not later than one year after the date of enactment 
of this Act, the Secretary of Transportation shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the short sea transportation program established under 
the amendments made by section 401. The report shall in-
clude a description of the activities conducted under the 
program, and any recommendations for further legislative 
or administrative action that the Secretary considers ap-
propriate. 
SEC. 404. GREEN PORTS INITIATIVE. 
(a) IN GENERAL.— 
(1) DEVELOPMENT AND IMPLEMENTATION.—The 
Secretary of Transportation shall develop and imple-
ment a green port initiative to promote the use of 
technologies in United States ports and shipyards to 
reduce air emissions including particulate matter, ni-
trogen oxides, sulfur oxides, and carbon monoxides. 
The program may include— 
(A) use of electric and low-emission vehicles 
for cargo handling equipment; 
(B) use of electric shore power and low pol-
lution auxiliary engines for vessels in port; 
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(C) use of energy efficient lighting and other 
electrical products in ports; 
(D) use of best management practices to de-
crease emissions; 
(E) use of technology and best management 
practices to prevent pollution of the waters in 
ports; and 
(F) use of other energy efficient or low emis-
sion technologies that the Secretary considers 
necessary. 
(2) GREEN PORT AWARD.—The Secretary may 
issue a green port award to a port that meets the 
standards for that award prescribed by the Secretary 
for low emissions and pollution by a port. 
(b) CLEAN TECHNOLOGY ASSISTANCE.— 
(1) IN GENERAL.—The Secretary may provide 
grants and low-cost revolving loans, as determined by 
the Secretary, on a competitive basis, to ports, ter-
minal operators, and shipyards to achieve significant 
reductions in diesel emissions of particulate matter, 
nitrogen oxides, and sulfur oxides in United States 
ports. 
(2) PRIORITIZATION.—The Secretary shall pro-
vide grants and loans to the applicants that will use 
the funds provided to remove the largest amount of 
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pollutants for each dollar provided in the grant or 
loan. 
(3) APPLICATIONS.— 
(A) IN GENERAL.—To receive a grant or 
loan under this subsection, a port, terminal oper-
ator, or shipyard shall submit to the Secretary 
an application at a time, in a manner, and in-
cluding any information that the Secretary may 
require. 
(B) INCLUSIONS.—An application under 
this paragraph shall include— 
(i) a description of the air quality of 
the area served by the port, terminal oper-
ator, or shipyard; 
(ii) the quantity of air pollution pro-
duced in the port area served by the port, 
terminal operator, or shipyard; 
(iii) a description of the project pro-
posed by the port, terminal operator, or 
shipyard, including the means by which the 
project will achieve a significant reduction 
in diesel emissions; 
(iv) an evaluation (using methodology 
approved by the Secretary) of the benefits of 
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the emissions reductions of the proposed 
project; 
(v) an estimate of the cost of the pro-
posed project; and 
(vi) provisions for the monitoring and 
verification of the project. 
(4) USE OF FUNDS.— 
(A) IN GENERAL.—A port, terminal oper-
ator, or shipyard may use a grant or loan pro-
vided under this subsection to fund the costs of— 
(i) a technology (including any incre-
mental costs of a repowered or new diesel 
engine) that significantly reduces emissions 
through development and implementation of 
a certified engine configuration, verified 
technology, or emerging technology for— 
(I) a medium-duty truck or a 
heavy-duty truck; 
(II) a marine engine; 
(III) a nonroad engine or vehicle 
used in applications such as handling 
of cargo; and 
(IV) electric shore power and low 
pollution auxiliary engines for vessels 
in port; and 
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(ii) an idle-reduction program involv-
ing a vehicle or equipment. 
(B) 
REGULATORY
PROGRAMS.—Notwith-
standing paragraph (1), no grant or loan pro-
vided under this subsection may be used to fund 
the costs of emissions reductions that are man-
dated under Federal, State, or local law. 
(C) ENGINES.—A recipient of a grant or 
loan under this subsection may only use the 
funds under the grant or loan for engines that 
are certified for low emissions and technology 
that has been verified in a manner prescribed by 
the Secretary as producing low emissions. 
(5) FEDERAL SHARE.—The Federal share of the 
costs for a project for which a grant is made under 
this subsection may not exceed 90 percent. 
(6) LIMITATION ON AMOUNT.—A grant or loan 
under this subsection may not exceed $1,000,000. 
(7) TECHNICAL REVIEW TEAM.—The Secretary 
shall establish a technical review team comprised of 
members from agencies within the Department of 
Transportation to review proposals for grants and 
loans under this subsection. The Secretary shall select 
agencies to serve as review panel participants based 
on the Secretary’s determination that they possess the 
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necessary expertise and knowledge to evaluate the pro-
posals. 
(8) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $25,000,000 
for each of fiscal years 2008 through 2011 to carry 
out this subsection. 
(c) USE OF SETTLEMENT AMOUNTS.— 
(1) IN GENERAL.—The Secretary, acting through 
the Maritime Administrator, shall consult with the 
Attorney General regarding the payment to maritime 
emission reduction foundations authorized by the Ad-
ministrator of amounts collected by the Government 
as a result of settlements relating to allegations of vio-
lations of environmental laws related to vessels, ports, 
and port-related services. 
(2) USE OF AMOUNTS.—Such amounts shall be 
used by such a foundation for the development of tech-
nologies, including best management practices, related 
to compliance with marine emissions reduction, as 
determined appropriate by the Maritime Adminis-
trator. 
(d) TESTING PROGRAM.— 
(1) IN GENERAL.—The Secretary, acting through 
the Maritime Administrator, may establish a coopera-
tive partnership with the Administrator of the Envi-
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ronmental Protection Agency, or any other agency the 
Secretary determines to be appropriate, to test emis-
sions reduction technology on actual vessels. 
(2) TECHNOLOGIES TO BE TESTED.—The pro-
gram under this subsection shall be based on emergent 
and existing technologies that have been verified effec-
tive under laboratory conditions. 
(3) MAINTENANCE OF VESSEL USABILITY.—Any 
technology tested under this subsection must not per-
manently alter or render the vessel on which it is test-
ed ineffective for long-term Maritime Administration 
use. 
(4) ADMINISTRATION PRIORITIES AND NEEDS.— 
The Secretary shall designate vessels as platforms for 
testing under this subsection in accordance with Mar-
itime Administration priorities and needs. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary $6,000,000 to administer and implement coop-
erative partnerships established under paragraph (1). 
Subtitle B—Maritime Pollution 
SEC. 451. REFERENCES. 
Wherever in this subtitle an amendment or repeal is 
expressed in terms of an amendment to or a repeal of a 
section or other provision, the reference shall be considered 
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to be made to a section or other provision of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.). 
SEC. 452. DEFINITIONS. 
Section 2(a) (33 U.S.C. 1901(a)) is amended— 
(1) by redesignating paragraphs (1) through (12) 
as paragraphs (2) through (13), respectively; 
(2) by inserting before paragraph (2) (as so re-
designated) the following: 
‘‘(1) ‘Administrator’ means the Administrator of 
the Environmental Protection Agency.’’; 
(3) in paragraph (5) (as so redesignated) by 
striking ‘‘and V’’ and inserting ‘‘V, and VI’’; 
(4) in paragraph (6) (as so redesignated) by 
striking ‘‘ ‘discharge’ and ‘garbage’ and ‘harmful sub-
stance’ and ‘incident’ ’’ and inserting ‘‘ ‘discharge’, 
‘emission’, ‘garbage’, ‘harmful substance’, and ‘inci-
dent’ ’’; and 
(5) by redesignating paragraphs (7) through (13) 
(as redesignated) as paragraphs (8) through (14), re-
spectively, and inserting after paragraph (6) (as re-
designated) the following: 
‘‘(7) ‘navigable waters’ includes the territorial 
sea of the United States (as defined in Presidential 
Proclamation 5928 of December 27, 1988) and the in-
ternal waters of the United States;’’. 
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SEC. 453. APPLICABILITY. 
Section 3 (33 U.S.C. 1902) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) with respect to Annex VI to the Convention, 
and other than with respect to a ship referred to in 
paragraph (1)— 
‘‘(A) to a ship that is in a port, shipyard, 
offshore terminal, or the internal waters of the 
United States; 
‘‘(B) to a ship that is bound for, or depart-
ing from, a port, shipyard, offshore terminal, or 
the internal waters of the United States, and is 
in— 
‘‘(i) the navigable waters of the United 
States; 
‘‘(ii) an emission control area des-
ignated pursuant to section 4; or 
‘‘(iii) any other area that the Adminis-
trator, in consultation with the Secretary 
and each State in which any part of the 
area is located, has designated by order as 
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being an area from which emissions from 
ships are of concern with respect to protec-
tion of public health, welfare, or the envi-
ronment; 
‘‘(C) to a ship that is entitled to fly the flag 
of, or operating under the authority of, a party 
to Annex VI, and is in— 
‘‘(i) the navigable waters of the United 
States; 
‘‘(ii) an emission control area des-
ignated under section 4; or 
‘‘(iii) any other area that the Adminis-
trator, in consultation with the Secretary 
and each State in which any part of the 
area is located, has designated by order as 
being an area from which emissions from 
ships are of concern with respect to protec-
tion of public health, welfare, or the envi-
ronment; and 
‘‘(D) to the extent consistent with inter-
national law, to any other ship that is in— 
‘‘(i) the exclusive economic zone of the 
United States; 
‘‘(ii) the navigable waters of the 
United States; 
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‘‘(iii) an emission control area des-
ignated under section 4; or 
‘‘(iv) any other area that the Adminis-
trator, in consultation with the Secretary 
and each State in which any part of the 
area is located, has designated by order as 
being an area from which emissions from 
ships are of concern with respect to protec-
tion of public health, welfare, or the envi-
ronment.’’; 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) and 
(3)’’; and 
(B) by adding at the end the following: 
‘‘(3) With respect to Annex VI the Administrator, or 
the Secretary, as relevant to their authorities pursuant to 
this Act, may determine that some or all of the requirements 
under this Act shall apply to one or more classes of public 
vessels, except that such a determination by the Adminis-
trator shall have no effect unless the head of the Department 
or agency under which the vessels operate concurs in the 
determination. This paragraph does not apply during time 
of war or during a declared national emergency.’’; 
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(3) by redesignating subsections (c) through (g) 
as subsections (d) through (h), respectively; 
(4) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) APPLICATION TO OTHER PERSONS.—This Act 
shall apply to all persons to the extent necessary to ensure 
compliance with Annex VI to the Convention.’’; and 
(5) in subsection (e), as redesignated— 
(A) by inserting ‘‘or the Administrator, con-
sistent with section 4 of this Act,’’ after ‘‘Sec-
retary’’; 
(B) by striking ‘‘of section (3)’’ and insert-
ing ‘‘of this section’’; and 
(C) by striking ‘‘Protocol, including regula-
tions conforming to and giving effect to the re-
quirements of Annex V’’ and inserting ‘‘Protocol 
(or the applicable Annex), including regulations 
conforming to and giving effect to the require-
ments of Annex V and Annex VI’’. 
SEC. 454. ADMINISTRATION AND ENFORCEMENT. 
Section 4 (33 U.S.C. 1903) is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; 
(2) by inserting after subsection (a) the fol-
lowing: 
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‘‘(b) DUTY OF THE ADMINISTRATOR.—In addition to 
other duties specified in this Act, the Administrator and 
the Secretary, respectively, shall have the following duties 
and authorities: 
‘‘(1) The Administrator shall, and no other per-
son may, issue Engine International Air Pollution 
Prevention certificates in accordance with Annex VI 
and the International Maritime Organization’s Tech-
nical Code on Control of Emissions of Nitrogen Ox-
ides from Marine Diesel Engines, on behalf of the 
United States for a vessel of the United States as that 
term is defined in section 116 of title 46, United 
States Code. The issuance of Engine International 
Air Pollution Prevention certificates shall be con-
sistent with any applicable requirements of the Clean 
Air Act (42 U.S.C. 7401 et seq.) or regulations pre-
scribed under that Act. 
‘‘(2) The Administrator shall have authority to 
administer regulations 12, 13, 14, 15, 16, 17, 18, and 
19 of Annex VI to the Convention. 
‘‘(3) The Administrator shall, only as specified 
in section 8(f), have authority to enforce Annex VI of 
the Convention.’’; and 
(3) in subsection (c), as redesignated— 
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(A) by redesignating paragraph (2) as 
paragraph (4); 
(B) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) In addition to the authority the Secretary has to 
prescribe regulations under this Act, the Administrator 
shall also prescribe any necessary or desired regulations to 
carry out the provisions of regulations 12, 13, 14, 15, 16, 
17, 18, and 19 of Annex VI to the Convention. 
‘‘(3) In prescribing any regulations under this section, 
the Secretary and the Administrator shall consult with each 
other, and with respect to regulation 19, with the Secretary 
of the Interior.’’; and 
(C) by adding at the end the following: 
‘‘(5) No standard issued by any person or Federal au-
thority, with respect to emissions from tank vessels subject 
to regulation 15 of Annex VI to the Convention, shall be 
effective until 6 months after the required notification to 
the International Maritime Organization by the Sec-
retary.’’. 
SEC. 455. CERTIFICATES. 
Section 5 (33 U.S.C. 1904) is amended— 
(1) in subsection (a) by striking ‘‘The Secretary’’ 
and inserting ‘‘Except as provided in section 4(b)(1), 
the Secretary’’; 
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(2) in subsection (b) by striking ‘‘Secretary 
under the authority of the MARPOL protocol.’’ and 
inserting ‘‘Secretary or the Administrator under the 
authority of this Act.’’; and 
(3) in subsection (e) by striking ‘‘environment.’’ 
and inserting ‘‘environment or the public health and 
welfare.’’. 
SEC. 456. RECEPTION FACILITIES. 
Section 6 (33 U.S.C. 1905) is amended— 
(1) in subsection (a) by adding at the end the 
following: 
‘‘(3) The Secretary and the Administrator, after con-
sulting with appropriate Federal agencies, shall jointly pre-
scribe regulations setting criteria for determining the ade-
quacy of reception facilities for receiving ozone depleting 
substances, equipment containing such substances, and ex-
haust gas cleaning residues at a port or terminal, and stat-
ing any additional measures and requirements as are ap-
propriate to ensure such adequacy. Persons in charge of 
ports and terminals shall provide reception facilities, or en-
sure that reception facilities are available, in accordance 
with those regulations. The Secretary and the Adminis-
trator may jointly prescribe regulations to certify, and may 
issue certificates to the effect, that a port’s or terminal’s 
facilities for receiving ozone depleting substances, equip-
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ment containing such substances, and exhaust gas cleaning 
residues from ships are adequate.’’; 
(2) in subsection (b) by inserting ‘‘or the Admin-
istrator’’ after ‘‘Secretary’’; 
(3) in subsection (e) by striking paragraph (2) 
and inserting the following: 
‘‘(2) The Secretary may deny the entry of a ship to 
a port or terminal required by the MARPOL Protocol, this 
Act, or regulations prescribed under this section relating to 
the provision of adequate reception facilities for garbage, 
ozone depleting substances, equipment containing those sub-
stances, or exhaust gas cleaning residues, if the port or ter-
minal is not in compliance with the MARPOL Protocol, 
this Act, or those regulations.’’; 
(4) in subsection (f)(1) by striking ‘‘Secretary 
is’’ and inserting ‘‘Secretary and the Administrator 
are’’; and 
(5) in subsection (f)(2) by striking ‘‘(A)’’. 
SEC. 457. INSPECTIONS. 
Section 8(f) (33 U.S.C. 1907(f)) is amended to read 
as follows: 
‘‘(f)(1) The Secretary may inspect a ship to which this 
Act applies as provided under section 3(a)(5), to verify 
whether the ship is in compliance with Annex VI to the 
Convention and this Act. 
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‘‘(2) If an inspection under this subsection or any 
other information indicates that a violation has occurred, 
the Secretary, or the Administrator in a matter referred 
by the Secretary, may undertake enforcement action under 
this section. 
‘‘(3) Notwithstanding subsection (b) and paragraph 
(2) of this subsection, the Administrator shall have all of 
the authorities of the Secretary, as specified in subsection 
(b) of this section, for the purposes of enforcing regulations 
17 and 18 of Annex VI to the Convention to the extent that 
shoreside violations are the subject of the action and in any 
other matter referred to the Administrator by the Sec-
retary.’’. 
SEC. 458. AMENDMENTS TO THE PROTOCOL. 
Section 10(b) (33 U.S.C. 1909(b)) is amended by in-
serting ‘‘or the Administrator as provided for in this Act,’’ 
after ‘‘Secretary,’’. 
SEC. 459. PENALTIES. 
Section 9 (33 U.S.C. 1908) is amended— 
(1) by striking ‘‘Protocol,,’’ each place it appears 
and inserting ‘‘Protocol,’’; 
(2) in subsection (b) by inserting ‘‘, or the Ad-
ministrator as provided for in this Act’’ after ‘‘Sec-
retary’’ the first place it appears; 
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(3) in subsection (b)(2), by inserting ‘‘, or the 
Administrator as provided for in this Act,’’ after 
‘‘Secretary’’; 
(4) in the matter after paragraph (2) of sub-
section (b)— 
(A) by inserting ‘‘, or the Administrator as 
provided for in this Act’’ after ‘‘Secretary’’ the 
first place it appears; and 
(B) by inserting ‘‘, or the Administrator as 
provided for in this Act,’’ after ‘‘Secretary’’ the 
second and third places it appears; 
(5) in subsection (c) by inserting ‘‘, or the Ad-
ministrator as provided for in this Act,’’ after ‘‘Sec-
retary’’ each place it appears; and 
(6) in subsection (f) by inserting ‘‘, or the Ad-
ministrator as provided for in this Act’’ after ‘‘Sec-
retary’’ the first place appears. 
SEC. 460. EFFECT ON OTHER LAWS. 
Section 15 (33 U.S.C. 1911) is amended to read as 
follows: 
‘‘SEC. 15. EFFECT ON OTHER LAWS. 
‘‘Authorities, requirements, and remedies of this Act 
supplement and neither amend nor repeal any other au-
thorities, requirements, or remedies conferred by any other 
provision of law. Nothing in this Act shall limit, deny, 
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amend, modify, or repeal any other authority, requirement, 
or remedy available to the United States or any other per-
son, except as expressly provided in this Act.’’. 
TITLE V—AVIATION 
SEC. 501. CLEEN ENGINE AND AIRFRAME TECHNOLOGY 
PARTNERSHIP. 
(a) COOPERATIVE
AGREEMENT.—Subchapter I of 
chapter 475 of tite 49, United States Code, is amended by 
adding at the end the following: 
‘‘§ 47511. CLEEN engine and airframe technology 
partnership 
‘‘(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall enter into a cooperative 
agreement, using a competitive process, with an institution, 
entity, or consortium to carry out a program for the devel-
opment, maturing, and certification of CLEEN engine and 
airframe technology for aircraft over the next 10 years. 
‘‘(b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY 
DEFINED.—In this section, the term ‘CLEEN engine and 
airframe technology’ means continuous lower energy, emis-
sions, and noise engine and airframe technology. 
‘‘(c) PERFORMANCE OBJECTIVE.—The Administrator 
shall establish the following performance objectives for the 
program, to be achieved by September 30, 2015: 
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‘‘(1) Development of certifiable aircraft tech-
nology that reduces greenhouse gas emissions by in-
creasing aircraft fuel efficiency by 25 percent relative 
to 1997 subsonic jet aircraft technology. 
‘‘(2) Development of certifiable engine technology 
that reduces landing and takeoff cycle nitrogen oxide 
emissions by 50 percent, without increasing other gas-
eous or particle emissions, over the International 
Civil Aviation Organization standard adopted in 
2004. 
‘‘(3) Development of certifiable aircraft tech-
nology that reduces noise levels by 10 decibels at each 
of the 3 certification points relative to 1997 subsonic 
jet aircraft technology. 
‘‘(4) Determination of the feasibility of the use of 
alternative fuels in aircraft systems, including suc-
cessful demonstration and quantification of the bene-
fits of such fuels. 
‘‘(5) Determination of the extent to which new 
engine and aircraft technologies may be used to ret-
rofit or re-engine aircraft to increase the integration 
of retrofitted and re-engined aircraft into the commer-
cial fleet. 
‘‘(d) CLEAN COAL TO JET FUEL RESEARCH.— 
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‘‘(1) 
ESTABLISHMENT
OF
RESEARCH
PRO-
GRAM.—The Secretary of Transportation shall con-
duct a research program related to developing jet fuel 
from clean coal through grants or other measures au-
thorized under section 106(l)(6) of such title, includ-
ing reimbursable agreements with other Federal agen-
cies. The Secretary may include as a purpose of the 
program a demonstration of the capture and seques-
tration of the carbon dioxide produced in the conver-
sion process of coal to jet fuel. The program shall in-
clude participation by educational and research insti-
tutions that have existing facilities and experience in 
the development and deployment of technology that 
processes coal to aviation fuel. 
‘‘(2) DESIGNATION OF INSTITUTE AS A CENTER 
OF EXCELLENCE.—Within 6 months after the date of 
enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall designate through 
a competitive process an institution described in sub-
section (a) as a Center of Excellence for Coal to Jet 
Fuel Research. 
‘‘(e) FUNDING.—Of amounts appropriated under sec-
tion 48102(a), not more than the following amounts may 
be used to carry out this section: 
‘‘(1) $6,000,000 for fiscal year 2008. 
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‘‘(2) $22,000,000 for fiscal year 2009. 
‘‘(3) $33,000,000 for fiscal year 2010. 
‘‘(4) $50,000,000 for fiscal year 2011. 
‘‘(f) REPORT.—Beginning in fiscal year 2009, the Ad-
ministrator shall publish an annual report on the program 
established under this section until completion of the pro-
gram.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘47511. CLEEN engine and airframe technology partnership.’’. 
SEC. 502. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a pilot program to carry out not more 
than 6 environmental mitigation demonstration projects at 
public-use airports. 
(b) GRANTS.—In implementing the program, the Sec-
retary may make a grant to the sponsor of a public-use 
airport 
from 
funds 
apportioned 
under 
section 
47117(e)(1)(A) of title 49, United States Code, to carry out 
an environmental mitigation demonstration project to 
measurably reduce or mitigate aviation impacts on noise, 
air quality, or water quality in the vicinity of the airport. 
(c) ELIGIBILITY FOR PASSENGER FACILITY FEES.— 
An environmental mitigation demonstration project that 
receives funds made available under this section may be 
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considered an eligible airport-related project for purposes 
of section 40117 of such title. 
(d) SELECTION CRITERIA.—In selecting among appli-
cants for participation in the program, the Secretary shall 
give priority consideration to applicants proposing to carry 
out environmental mitigation demonstration projects that 
will— 
(1) achieve the greatest reductions in aircraft 
noise, airport emissions, or airport water quality im-
pacts either on an absolute basis or on a per dollar 
of funds expended basis; and 
(2) be implemented by an eligible consortium. 
(e) FEDERAL SHARE.—Notwithstanding any provi-
sion of subchapter I of chapter 471 of such title, the United 
States Government share of allowable project costs of an en-
vironmental mitigation demonstration project carried out 
under this section shall be 50 percent. 
(f) MAXIMUM AMOUNT.—The Secretary may not make 
grants for a single environmental mitigation demonstration 
project under this section in a total amount that exceeds 
$2,500,000. 
(g) PUBLICATION OF INFORMATION.—The Secretary 
may develop and publish information on the results of envi-
ronmental mitigation demonstration projects carried out 
under this section, including information identifying best 
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practices for reducing or mitigating aviation impacts on 
noise, air quality, or water quality in the vicinity of air-
ports. 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligible 
consortium’’ means a consortium of 2 or more of the 
following entities: 
(A) A business incorporated in the United 
States. 
(B) A public or private educational or re-
search organization located in the United States. 
(C) An entity of a State or local govern-
ment. 
(D) A Federal laboratory. 
(2) ENVIRONMENTAL
MITIGATION
DEMONSTRA-
TION PROJECT.—The term ‘‘environmental mitigation 
demonstration project’’ means a project that— 
(A) demonstrates at a public-use airport en-
vironmental mitigation techniques or tech-
nologies with associated benefits, which have al-
ready been proven in laboratory demonstrations; 
(B) utilizes methods for efficient adaptation 
or integration of innovative concepts to airport 
operations; and 
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(C) demonstrates whether a technique or 
technology for environmental mitigation identi-
fied in research is— 
(i) practical to implement at or near 
multiple public-use airports; and 
(ii) capable of reducing noise, airport 
emissions, greenhouse gas emissions, or 
water quality impacts in measurably sig-
nificant amounts. 
TITLE VI—PUBLIC BUILDINGS 
Subtitle A—General Services 
Administration 
SEC. 601. PUBLIC BUILDING ENERGY EFFICIENT AND RE-
NEWABLE ENERGY SYSTEMS. 
(a) ESTIMATE OF ENERGY PERFORMANCE IN PRO-
SPECTUS.—Section 3307(b) of title 40, United States Code, 
is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(5); 
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) with respect to any prospectus for the con-
struction, alteration, or acquisition of any building or 
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space to be leased, an estimate of the future energy 
performance of the building or space and a specific 
description of the use of energy efficient and renew-
able energy systems, including photovoltaic systems, 
in carrying out the project.’’. 
(b) MINIMUM PERFORMANCE REQUIREMENTS
FOR 
LEASED SPACE.—Section 3307 of such of title is amend-
ed— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the following: 
‘‘(f) MINIMUM PERFORMANCE REQUIREMENTS
FOR 
LEASED SPACE.—With respect to space to be leased, the Ad-
ministrator shall include, to the maximum extent prac-
ticable, minimum performance requirements requiring en-
ergy efficiency and the use of renewable energy.’’. 
(c) USE OF ENERGY EFFICIENT LIGHTING FIXTURES 
AND BULBS.— 
(1) IN GENERAL.—Chapter 33 of such title is 
amended— 
(A) by redesignating sections 3313, 3314, 
and 3315 as sections 3315, 3316, and 3317, re-
spectively; and 
(B) by inserting after section 3312 the fol-
lowing: 
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‘‘§ 3313. Use of energy efficient lighting fixtures and 
bulbs 
‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISITION 
OF PUBLIC BUILDINGS.—Each public building constructed, 
altered, or acquired by the Administrator of General Serv-
ices shall be equipped, to the maximum extent feasible as 
determined by the Administrator, with lighting fixtures and 
bulbs that are energy efficient. 
‘‘(b) MAINTENANCE
OF PUBLIC BUILDINGS.—Each 
lighting fixture or bulb that is replaced by the Adminis-
trator in the normal course of maintenance of public build-
ings shall be replaced, to the maximum extent feasible, with 
a lighting fixture or bulb that is energy efficient. 
‘‘(c) CONSIDERATIONS.—In making a determination 
under this section concerning the feasibility of installing 
a lighting fixture or bulb that is energy efficient, the Ad-
ministrator shall consider— 
‘‘(1) the life-cycle cost effectiveness of the fixture 
or bulb; 
‘‘(2) the compatibility of the fixture or bulb with 
existing equipment; 
‘‘(3) whether use of the fixture or bulb could re-
sult in interference with productivity; 
‘‘(4) the aesthetics relating to use of the fixture 
or bulb; and 
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‘‘(5) such other factors as the Administrator de-
termines appropriate. 
‘‘(d) ENERGY STAR.—A lighting fixture or bulb shall 
be treated as being energy efficient for purposes of this sec-
tion if— 
‘‘(1) the fixture or bulb is certified under the En-
ergy Star program established by section 324A of the 
Energy Policy and Conservation Act (42 U.S.C. 
6294a); or 
‘‘(2) the Administrator has otherwise determined 
that the fixture or bulb is energy efficient. 
‘‘(e) APPLICABILITY
OF
BUY
AMERICAN
ACT.— 
Aquisitions carried out pursuant to this section shall be 
subject to the requirements of the Buy American Act (41 
U.S.C. 10c et seq.). 
‘‘(f) EFFECTIVE DATE.—The requirements of sub-
sections (a) and (b) shall take effect one year after the date 
of enactment of this subsection.’’. 
(2) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by striking the items relat-
ing to sections 3313, 3314, and 3315 and inserting 
the following: 
‘‘3313. Use of energy efficient lighting fixtures and bulbs. 
‘‘3314. Maximum period for utility services contracts. 
‘‘3315. Delegation. 
‘‘3316. Report to Congress. 
‘‘3317. Certain authority not affected.’’. 
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(d) MAXIMUM PERIOD FOR UTILITY SERVICE CON-
TRACTS.—Such chapter is further amended by inserting 
after section 3313 (as inserted by subsection (c)(1) of this 
section) the following: 
‘‘§ 3314. Maximum period for utility service contracts 
‘‘Notwithstanding section 501(b)(1)(B), the Adminis-
trator of General Services may contract for public utility 
services for a period of not more than 30 years if cost effec-
tive and necessary to promote the use of energy efficient 
and renewable energy systems, including photovoltaic sys-
tems.’’. 
(e) EVALUATION FACTOR.—Section 3310 of such title 
is amended— 
(1) by redesignating paragraphs (3), (4), and (5) 
as paragraphs (4), (5), and (6), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) shall include in the solicitation for any 
lease requiring a prospectus under section 3307 an 
evaluation factor considering the extent to which the 
offeror will promote energy efficiency and the use of 
renewable energy;’’. 
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SEC. 602. PUBLIC BUILDING LIFE-CYCLE COSTS. 
Section 544(a)(1) of the National Energy Conservation 
Policy Act (42 U.S.C. 8254(a)(1)) is amended by striking 
‘‘25’’ and inserting ‘‘40’’. 
SEC. 603. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DE-
PARTMENT 
OF 
ENERGY 
HEADQUARTERS 
BUILDING. 
(a) IN GENERAL.—The Administrator of General 
Services shall install a photovoltaic system, as set forth in 
the Sun Wall Design Project, for the headquarters building 
of the Department of Energy located at 1000 Independence 
Avenue, SW., Washington, DC, commonly known as the 
Forrestal Building. 
(b) FUNDING.—There shall be available from the Fed-
eral Buildings Fund established by section 592 of title 40, 
United States Code, $30,000,000 to carry out this section. 
Such sums shall be derived from the unobligated balance 
of amounts made available from the Fund for fiscal year 
2007, and prior fiscal years, for repairs and alternations 
and other activities (excluding amounts made available for 
the energy program). Such sums shall remain available 
until expended. 
(c) OBLIGATION OF FUNDS.—None of the funds made 
available pursuant to subsection (b) may be obligated prior 
to September 30, 2007. 
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Subtitle B—Coast Guard 
SEC. 631. PROHIBITION ON INCANDESCENT LAMPS BY 
COAST GUARD. 
(a) PROHIBITION.—Except as provided by subsection 
(b), on and after January 1, 2009, a general service incan-
descent lamp shall not be purchased or installed in a Coast 
Guard facility by or on behalf of the Coast Guard. 
(b) EXCEPTION.—A general service incandescent lamp 
may be purchased, installed, and used in a Coast Guard 
facility whenever the application of a general service incan-
descent lamp is— 
(1) necessary due to purpose or design, including 
medical, security, and industrial applications; 
(2) reasonable due to the architectural or histor-
ical value of a light fixture installed before January 
1, 2009; or 
(3) the Commandant of the Coast Guard deter-
mines that operational requirements necessitate the 
use of a general service incandescent lamp. 
(c) LIMITATION.—In this section, the term ‘‘facility’’ 
does not include a vessel or aircraft of the Coast Guard. 
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Subtitle C—Architect of the Capitol 
SEC. 651. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASI-
BILITY STUDY. 
(a) STUDY.—The Architect of the Capitol may perform 
a feasibility study regarding construction of a photovoltaic 
roof for the Rayburn House Office Building. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Architect of the Capitol shall 
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives a report on the 
results of the feasibility study and recommendations regard-
ing construction of a photovoltaic roof for the building re-
ferred to in subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section such 
sums as may be necessary for fiscal year 2008. 
SEC. 652. CAPITOL COMPLEX E–85 REFUELING STATION. 
(a) CONSTRUCTION.—The Architect of the Capitol may 
construct a fuel tank and pumping system for E–85 fuel 
at or within close proximity to the Capitol Grounds Fuel 
Station. 
(b) USE.—The E–85 fuel tank and pumping system 
shall be available for use by all legislative branch vehicles 
capable of operating with E–85 fuel, subject to such other 
legislative branch agencies reimbursing the Architect of the 
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Capitol for the costs of E–85 fuel used by such other legisla-
tive branch vehicles. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section such 
sums as may be necessary for fiscal year 2008. 
SEC. 653. ENERGY AND ENVIRONMENTAL MEASURES IN 
CAPITOL COMPLEX MASTER PLAN. 
(a) IN GENERAL.—To the maximum extent prac-
ticable, the Architect of the Capitol shall include energy effi-
ciency measures, climate change mitigation measures, and 
other appropriate environmental measures in the Capitol 
Complex Master Plan. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Architect of the Capitol shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Rules of the Senate a report on the energy efficiency meas-
ures, climate change mitigation measures, and other appro-
priate environmental measures included in the Capitol 
Complex Master Plan pursuant to subsection (a). 
SEC. 654. CAPITOL POWER PLANT. 
(a) IN GENERAL.—For the purpose of reducing carbon 
dioxide emissions, the Architect of the Capitol shall install 
technologies for the capture and storage or use of carbon 
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dioxide emitted from the Capitol Power plant as a result 
of burning coal. 
(b) CAPITOL POWER PLANT DEFINED.—In this sec-
tion, the term ‘‘Capitol power plant’’ means the power 
plant constructed in the vicinity of the Capitol Complex 
in the District of Columbia pursuant to the Act of April 
28, 1904 (33 Stat. 479, chapter 1762), and designated 
under the Act of March 4, 1911 (2 U.S.C. 2162). 
TITLE VII—WATER RESOURCES 
AND 
EMERGENCY 
MANAGE-
MENT PREPAREDNESS 
Subtitle A—Water Resources 
SEC. 701. POLICY OF THE UNITED STATES. 
It is the policy of the United States that all Federal 
water resources projects— 
(1) reflect national priorities for flood damage 
reduction, navigation, ecosystem restoration, and haz-
ard mitigation and consider the future impacts of in-
creased hurricanes, droughts, and other climate 
change-related weather events; 
(2) avoid the unwise use of floodplains, minimize 
vulnerabilities in any case in which a floodplain 
must be used, protect and restore the extent and func-
tions of natural systems, and mitigate any unavoid-
able damage to aquatic natural system; and 
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(3) to the maximum extent possible, avoid im-
pacts to wetlands, which create natural buffers, help 
filter water, serve as recharge areas for aquifers, re-
duce floods and erosion, and provide valuable plant 
and animal habitat. 
SEC. 702. 21ST CENTURY WATER COMMISSION. 
(a) ESTABLISHMENT.—There is established a commis-
sion to be known as the 21st Century Water Commission 
(in this section referred to as the ‘‘Commission’’). 
(b) DUTIES.—The duties of the Commission shall be 
to— 
(1) use existing water assessments and conduct 
such additional studies and assessments as may be 
necessary to project— 
(A) future water supply and demand; 
(B) impacts of climate change to our Na-
tion’s flood risk and water demand; and 
(C) associated impacts of climate change on 
water quality; 
(2)(A) study current water management pro-
grams of Federal, interstate, State, and local agencies 
and private sector entities directed at increasing 
water supplies and improving the availability, reli-
ability, and quality of freshwater resources; and 
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(B) evaluate such programs’ hazard mitigation 
strategies and contingency planning in light of cli-
mate change impacts, including sea level rise, flood-
ing, and droughts; and 
(3) consult with representatives of such agencies 
and entities to develop recommendations, consistent 
with laws, treaties, decrees, and interstate compacts, 
for a comprehensive water strategy to— 
(A) recognize the primary role of States in 
adjudicating, administering, and regulating 
water rights and water uses; 
(B) identify incentives intended to ensure 
an adequate and dependable supply of water to 
meet the needs of the United States for the next 
50 years and incentives to include the future im-
pacts of climate change on water supply and 
quality for the next 50 years; 
(C) eliminate duplication and conflict 
among Federal governmental programs; 
(D) consider all available technologies (in-
cluding climate change predictions, advanced 
modeling and mapping of wetlands, floodplains, 
and other critical areas) and other methods to 
optimize water supply reliability, availability, 
and quality, while safeguarding and enhancing 
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the environment and planning for the potential 
impacts of climate change on water quality, 
water supply, flood and storm damage reduction, 
and ecosystem health; 
(E) recommend means of capturing excess 
water and flood water for conservation and use 
in the event of a drought; 
(F) identify adaptation techniques, or fur-
ther research needs of adaptation techniques, for 
effectively conserving freshwater and coastal sys-
tems as they respond to climate change; 
(G) suggest financing options, incentives, 
and strategies for development of comprehensive 
water management plans, holistically designed 
water resources projects, conservation of existing 
water resource infrastructure (including rec-
ommendations for repairing aging water infra-
structure) and to increase the use of non-
structural elements (including green infrastruc-
ture and low impact development techniques); 
(H) suggest strategies for avoiding increased 
mandates on State and local governments; 
(I) suggest strategies for using best available 
climate science in projections of future flood and 
drought risk, and for developing hazard mitiga-
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tion strategies to protect water quality, in ex-
treme weather conditions caused by climate 
change; 
(J) identify policies that encourage low im-
pact development, especially in areas near high 
priority aquatic systems; 
(K) suggest strategies for encouraging the 
use of, and reducing biases against, non-
structural elements and low impact development 
techniques when managing stormwater, includ-
ing features that— 
(i) preserve and restore natural proc-
esses, landforms (such as floodplains), nat-
ural vegetated stream side buffers, wetlands, 
or other topographical features that can 
slow, filter, and naturally store stormwater 
runoff and flood waters for future water 
supply and recharge of natural aquifers; 
(ii) utilize natural design techniques 
that infiltrate, filter, store, evaporate, and 
detain water close to its source; or 
(iii) minimize the use of impervious 
surfaces in order to slow or infiltrate pre-
cipitation; 
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(L) suggest strategies for addressing in-
creased sewage overflow problems due to chang-
ing storm dynamics and the impact of aging 
stormwater and wastewater infrastructure, popu-
lation growth, and urban sprawl; 
(M) 
promote 
environmental 
restoration 
projects that reestablish natural processes; and 
(N) identify opportunities to promote exist-
ing or create regional planning, including op-
portunities to integrate climate change into 
water infrastructure and environmental con-
servation planning. 
(c) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Commis-
sion shall be composed of 8 members who shall be ap-
pointed, not later than 90 days after the date of en-
actment of this Act, as follows: 
(A) 2 members appointed by the President. 
(B) 2 members appointed by the Speaker of 
the House of Representatives from a list of 4 in-
dividuals— 
(i) 2 nominated for that appointment 
by the chairman of the Committee on 
Transportation and Infrastructure of the 
House of Representatives; and 
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