‘‘(C) A description of how the State edu-
cational agency will implement the plan, includ-
ing securing funding and other necessary sup-
port. 
‘‘(7) Developing evidence-based approaches to 
build capacity to increase the number of elementary 
and secondary environmental educators. 
‘‘(c) APPLICATIONS.—Each nonprofit organization, 
State educational agency, local educational agency, or in-
stitution of higher education desiring a grant under this 
section shall submit to the Secretary an application that 
contains a plan to initiate, expand, or improve environ-
mental education programs in order to make progress to-
ward meeting State standards for environmental learning 
(to the extent such standards exist) and environmental lit-
eracy and contains an evaluation and accountability plan 
for activities assisted under this section that includes rig-
orous objectives that measure the impact of activities funded 
under this section. 
‘‘(d) REQUIREMENTS.— 
‘‘(1) ANNUAL REPORT.—In order to continue re-
ceiving grant funds under this section after the first 
year of a multi-year grant under this section, the 
grantee shall submit to the Secretary an annual re-
port that— 
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‘‘(A) describes the activities assisted under 
this section that were conducted during the pre-
ceding year; 
‘‘(B) describes the results of the grantee’s 
evaluation and accountability plan; and 
‘‘(C) demonstrates that the grantee has un-
dertaken activities to accomplish at least one of 
the following: 
‘‘(i) Responsibly preparing children to 
understand and address major challenges 
facing the United States, such as increasing 
the supply of clean energy, climate change, 
environmental health risks, and environ-
mental disaster and emergency prepared-
ness. 
‘‘(ii) Supporting systemic education 
reform by strengthening environmental edu-
cation as an integral part of the elementary 
school and secondary school curriculum. 
‘‘(iii) Helping ensure that all students 
meet challenging State academic content 
and student academic achievement stand-
ards in environmental learning. 
‘‘(iv) Supporting efforts to enable stu-
dents to engage in environmental education. 
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‘‘(v) Leveraging and expanding private 
and public support for environmental edu-
cation partnerships at national, State, and 
local levels. 
‘‘(vi) Awarding grants to initiate, ex-
pand, or improve environmental education 
programs for elementary and secondary stu-
dents. 
‘‘(vii) Restoring and increasing field 
experiences as part of the regular school 
curriculum and schedule in order to im-
prove students’ overall academic perform-
ance, self-esteem, personal responsibility, 
community involvement, personal health 
(including addressing child obesity issues), 
and understanding of nature. 
‘‘(2) ADMINISTRATIVE
EXPENSES.—Not more 
than 5 percent of the grant funds made available to 
a nonprofit organization, State educational agency, 
local educational agency, or institution of higher edu-
cation under this section for any fiscal year may be 
used for administrative expenses. 
‘‘(3) STATE ENVIRONMENTAL LITERACY PLANS.— 
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‘‘(A) IN
GENERAL.—A State educational 
agency receiving a grant under this section 
shall— 
‘‘(i) have a State environmental lit-
eracy plan that is consistent with the re-
quirements of subsection (b)(6) and that is 
peer reviewed within the State by a panel 
composed of experts in environmental edu-
cation and representatives from other re-
lated State agencies; or 
‘‘(ii) develop a State environmental lit-
eracy plan described in subsection (b)(6) 
with funds made available under this sec-
tion prior to using the grant funds for any 
other purpose. 
‘‘(B) PEER REVIEW.—If an environmental 
literacy plan described in subparagraph (A)(i) 
has not been peer reviewed within the State, the 
State educational agency, notwithstanding sub-
section (b), shall use funds made available under 
this section to complete such review, as described 
in such subparagraph, prior to using the grant 
funds for any other purpose. 
‘‘(C) OTHER GRANTEES.—An applicant for 
a grant under this section that is not a State 
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educational agency and applies for funding to be 
used for the purpose described in subsection 
(b)(6) shall demonstrate in the application that 
the applicant has consulted with the State edu-
cational agency about such use of funds. 
‘‘(e) ADMINISTRATIVE PROVISIONS.— 
‘‘(1) FEDERAL SHARE.—The Federal share under 
this section shall not exceed— 
‘‘(A) 90 percent of the total cost of a pro-
gram assisted under this section for the first year 
for which the program receives assistance under 
this section; 
‘‘(B) 75 percent of such cost for the second; 
and 
‘‘(C) 50 percent of such cost for each subse-
quent such year. 
‘‘(2) REPORT TO CONGRESS.—Not later than one 
year after enactment of this bill, the Secretary shall 
submit to the Committee on Education and Labor of 
the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate 
a report that— 
‘‘(A) describes the programs assisted under 
this section; 
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‘‘(B) documents the success of such pro-
grams in improving national and State environ-
mental education capacity; and 
‘‘(C) makes such recommendations as the 
Secretary determines appropriate for the con-
tinuation and improvement of the programs as-
sisted under this section. 
‘‘(3) AVAILABILITY OF FUNDS.—Amounts made 
available to the Secretary to carry out this section 
shall remain available until expended. 
‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available under this section shall be used to supplement, 
and not supplant, any other Federal, State, or local funds 
available for environmental education activities. 
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal year 2009. 
‘‘SEC. 12. ACCOUNTABILITY. 
‘‘(a) QUALITY INDICATORS.—The Administrator, the 
Secretary, and the Foundation each shall establish indica-
tors of program quality for the programs and activities 
funded under this Act (other than fellowship awards funded 
under section 7) that such official or entity administers. 
‘‘(b) MINIMUM INDICATORS.—Such indicators of pro-
gram quality, at a minimum, shall— 
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‘‘(1) enhance understanding of the natural and 
built environment; 
‘‘(2) foster a better appreciation of the inter-
disciplinary nature of environmental issues and con-
ditions; 
‘‘(3) increase achievement in related areas of na-
tional interest, such as mathematics and science; 
‘‘(4) increase understanding of the benefits of ex-
posure to the natural environment; 
‘‘(5) improve understanding of how human and 
natural systems interact together; 
‘‘(6) broaden awareness of environmental issues; 
and 
‘‘(7) include such other indicators as the Admin-
istrator, Secretary, or Foundation may develop. 
‘‘(c) REPORT.—Each recipient receiving funds under 
this Act, other than fellowship recipients under section 7, 
shall report annually to the Administrator, the Secretary, 
or the Foundation regarding progress made in meeting the 
minimum indicators of program quality established under 
subsection (b). The Administrator, the Secretary, and the 
Foundation shall disseminate such information widely to 
the public through electronic and other means.’’. 
(e) RESTRICTIONS ON FEDERAL GOVERNMENT AND 
USE OF FEDERAL FUNDS.—The National Environmental 
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Education Act (20 U.S.C. 5501 et seq.), as amended by sub-
section (d), is further amended by adding at the end the 
following: 
‘‘SEC. 14. RESTRICTIONS ON FEDERAL GOVERNMENT AND 
USE OF FEDERAL FUNDS. 
‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 
shall be construed to authorize an officer or employee of the 
Federal Government to mandate, direct, or control a State, 
local educational agency, or school’s curriculum, program 
of instruction, specific instructional content, academic 
achievement standards, assessments, or allocation of State 
or local resources, or mandate a State or any subdivision 
thereof to spend any funds or incur any costs not paid for 
under this Act. 
‘‘(b) PROHIBITION
ON
ENDORSEMENT
OF
CUR-
RICULUM.—No funds provided to the Administrator or Sec-
retary under this Act may be used by the Agency or Depart-
ment of Education to endorse, approve, or sanction any 
curriculum designed to be used in an elementary school or 
secondary school. 
‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL 
OR CERTIFICATION OF STANDARDS.—No State shall be re-
quired to have academic content or student academic 
achievement standards approved or certified by the Federal 
Government, in order to receive assistance under this Act. 
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‘‘(d) RESTRICTIONS ON PARTISAN POLITICAL INFLU-
ENCE.— 
‘‘(1) IN GENERAL.—In carrying out the activities 
described in this Act, the Administrator and Sec-
retary shall ensure that such activities— 
‘‘(A) conform to high standards of quality, 
integrity, and accuracy; 
‘‘(B) are objective, neutral, and nonideolog-
ical and are free of partisan political influence; 
and 
‘‘(C) do not advocate a particular political 
viewpoint. 
‘‘(2) ACTIONS TO IMPLEMENT AND ENFORCE.— 
The Administrator and Secretary shall take such ac-
tions as are necessary to ensure that the provisions of 
this section are vigorously implemented and en-
forced.’’. 
(f) CONFORMING AMENDMENT.—The table of contents 
in section 1(b) of the National Environmental Education 
Act (20 U.S.C. 5501 note) is amended by striking the item 
relating to section 11 and inserting the following: 
‘‘Sec. 11. National capacity environmental education grant program. 
‘‘Sec. 12. Accountability. 
‘‘Sec. 13. Authorization. 
‘‘Sec. 14. Restrictions on Federal Government and use of Federal funds.’’. 
Amend the title so as to read: ‘‘A bill to reauthorize 
and enhance the National Environmental Education Act, 
and for other purposes.’’. 
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Union Calendar No. 480 
110TH CONGRESS 
2D SESSION 
H. R. 3036 
[Report No. 110–754] 
A BILL 
To amend the Elementary and Secondary Edu-
cation Act of 1965 regarding environmental edu-
cation, and for other purposes. 
JULY 10, 2008 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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