330 
SEC. 7233. ENFORCEMENT. 
The Secretary shall enforce the Endangered Species 
Act of 1973, the Migratory Bird Treaty Act, the Bald 
Eagle Protection Act, the Golden Eagle Protection Act, 
the Marine Mammal Protection Act of 1973, the National 
Environmental Policy Act of 1969, and any other relevant 
Federal law to address adverse wildlife impacts related to 
wind projects. Nothing in this section preempts State en-
forcement of applicable State laws. 
SEC. 7234. SAVINGS CLAUSE. 
Nothing in this chapter preempts any provision of 
State law or regulation relating to the siting of wind 
projects or to consideration or review of any environmental 
impacts of wind projects. 
CHAPTER 5—ENHANCING ENERGY 
TRANSMISSION 
SEC. 7241. POWER MARKETING ADMINISTRATIONS REPORT. 
(a) ANALYSIS.—The Secretary of Energy, acting 
through the Administrator of the Bonneville Area Power 
Marketing Administration in consultation with the West-
ern Area Power Marketing Administration, and in coordi-
nation with regional transmission entities, shall conduct, 
or participate with such regional transmission entities to 
conduct, an analysis of the existing capacity of trans-
mission systems serving the States of California, Oregon, 
and Washington to determine whether the existing capac-
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331 
ity is adequate to accommodate and integrate development 
and commercial operation of ocean wave, tidal, and cur-
rent energy projects in State and Federal marine waters 
adjacent to those States. 
(b) REPORT.—Based on the analysis conducted under 
subsection (a), the Secretary of Energy shall prepare and 
provide to the Natural Resources Committee of the House 
of Representatives and the Energy and Natural Resources 
Committee of the Senate, not later than one year after 
the date of enactment of this Act, a report identifying 
changes required, if any, in the capacity of existing trans-
mission systems serving the States referred to in sub-
section (a) in order to reliably and efficiently accommodate 
and integrate generation from commercial ocean wave, 
tidal, and current energy projects in aggregate, escalating 
amounts equal to 2.5, 5, and 10 percent of the current 
electrical energy consumption in those States. 
(c) ACTIVITIES NONREIMBURSABLE.—Activities car-
ried out under subsection (a) or (b) shall be nonreimburs-
able. 
(d) EXISTING PROCEDURES AND QUEUING NOT AF-
FECTED.—Nothing in this section supercedes existing pro-
cedures and queuing pursuant to the appropriate Open 
Access Transmission Tariffs filed by the Administrators 
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332 
of the Bonneville and Western Area Power Administra-
tions. 
Subtitle C—Alternative Energy and 
Efficiency 
SEC. 7301. STATE OCEAN AND COASTAL ALTERNATIVE EN-
ERGY PLANNING. 
(a) IN GENERAL.—The Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.) is amended by in-
serting after section 306A the following: 
‘‘OCEAN
AND
COASTAL
ALTERNATIVE
ENERGY
STATE 
SURVEYS; ALTERNATIVE ENERGY SITE IDENTIFICA-
TION AND PLANNING 
‘‘SEC. 306B. (a) GRANTS TO STATES.—The Sec-
retary may make grants to eligible coastal States to sup-
port voluntary State efforts to initiate and complete sur-
veys of portions of coastal State waters and Federal wa-
ters adjacent to a State’s coastal zone, in consultation 
with the Minerals Management Service, to identify poten-
tial areas suitable or unsuitable for the exploration, devel-
opment, and production of alternative energy that are con-
sistent with the enforceable policies of coastal manage-
ment plans approved pursuant to section 306(d). 
‘‘(b) SURVEY ELEMENTS.—Surveys developed with 
grants under this section may include, but not be limited 
to— 
‘‘(1) hydrographic and bathymetric surveys; 
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‘‘(2) oceanographic observations and measure-
ments of the physical ocean environment, especially 
seismically active areas; 
‘‘(3) identification and characterization of sig-
nificant or sensitive marine ecosystems or other 
areas 
possessing 
important 
conservation, 
rec-
reational, ecological, historic, or aesthetic values; 
‘‘(4) surveys of existing marine uses in the 
outer Continental Shelf and identification of poten-
tial conflicts; 
‘‘(5) inventories and surveys of shore locations 
and infrastructure capable of supporting alternative 
energy development; 
‘‘(6) inventories and surveys of offshore loca-
tions and infrastructure capable of supporting alter-
native energy development; and 
‘‘(7) other actions as may be necessary. 
‘‘(c) PARTICIPATION AND COOPERATION.—To the ex-
tent practicable, coastal States shall provide opportunity 
for the participation in surveys under this section by rel-
evant Federal agencies, State agencies, local governments, 
regional organizations, port authorities, and other inter-
ested parties and stakeholders, public and private, that is 
adequate to develop a comprehensive survey. 
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334 
‘‘(d) GUIDELINES.—The Secretary shall, within 180 
days after the date of enactment of this section and after 
consultation with the coastal States, publish guidelines for 
the application for and use of grants under this section. 
‘‘(e) ANNUAL GRANTS.—For each of fiscal years 
2008 through 2011, the Secretary may make a grant to 
a coastal State under this section if the coastal State dem-
onstrates to the satisfaction of the Secretary that the 
grant will be used to develop an alternative energy survey 
consistent with the requirements set forth in this section. 
‘‘(f) GRANT AMOUNTS.—The amount of any grant 
under this section shall not exceed $750,000 for any fiscal 
year. 
‘‘(g) STATE MATCH.— 
‘‘(1) BEFORE
FISCAL
YEAR
2010.—The Sec-
retary shall not require any State matching fund 
contribution for grants awarded under this section 
for any fiscal year before fiscal year 2010. 
‘‘(2) AFTER FISCAL YEAR 2010.—The Secretary 
shall require a coastal State to provide a matching 
fund contribution for a grant under this section for 
surveys of a State’s coastal waters, according to— 
‘‘(A) a 2-to-1 ratio of Federal-to-State con-
tributions for fiscal year 2010; and 
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