1331 
(b) REVIEW BY PRESIDENT AND SUBMISSION TO 
CONGRESS.— 
(1) REVIEW
BY
PRESIDENT.—The President 
shall— 
(A) approve an adaptation plan submitted 
under subsection (a)(3) if the plan meets the 
requirements of subsection (c) and is consistent 
with the strategy developed under section 476; 
(B) decide whether to approve the plan 
within 60 days after submission; and 
(C) if the President disapproves a plan, di-
rect the department or agency to submit a re-
vised plan to the President under subsection 
(a)(3) within 60 days after such disapproval. 
(2) SUBMISSION TO CONGRESS.—Not later than 
30 days after the date of approval of such adapta-
tion plan by the President, the department or agen-
cy shall submit the approved plan to the Committee 
on Natural Resources of the House of Representa-
tives, the Committee on Energy and Natural Re-
sources of the Senate, and the committees of the 
House of Representatives and the Senate with prin-
cipal jurisdiction over the department or agency. 
(c) REQUIREMENTS.—Each adaptation plan shall—
1332 
(1) establish programs for assessing the current 
and future impacts of climate change and ocean 
acidification on natural resources within the depart-
ment’s or agency’s, respectively, jurisdiction, includ-
ing cumulative and synergistic effects, and for iden-
tifying and monitoring those natural resources that 
are likely to be adversely affected and that have 
need for conservation; 
(2) identify and prioritize the department’s or 
agency’s strategies and specific conservation actions 
to address the current and future impacts of climate 
change and ocean acidification on natural resources 
within the scope of the department’s or agency’s ju-
risdiction and to develop and implement strategies to 
protect, restore, and conserve such resources to be-
come more resilient, adapt to, and better withstand 
those impacts, including— 
(A) the protection, restoration, and con-
servation of terrestrial, marine, estuarine, and 
freshwater habitats and ecosystems; 
(B) the establishment of terrestrial, ma-
rine, estuarine, and freshwater habitat linkages 
and corridors; 
(C) the restoration and conservation of ec-
ological processes;
1333 
(D) the protection of a broad diversity of 
native species of fish, wildlife, and plant popu-
lations across their range; and 
(E) the protection of fish, wildlife, and 
plant health, recognizing that climate can alter 
the distribution and ecology of parasites, patho-
gens, and vectors; 
(3) describe how the department or agency will 
integrate such strategies and conservation activities 
into plans, programs, activities, and actions of the 
department or agency, related to the conservation 
and management of natural resources and establish 
new plans, programs, activities, and actions as nec-
essary; 
(4) establish methods for assessing the effec-
tiveness of strategies and conservation actions taken 
to protect, restore, and conserve natural resources to 
enable them to become more resilient, adapt to, and 
withstand the impacts of climate change and ocean 
acidification, and for updating those strategies and 
actions to respond to new information and changing 
conditions; 
(5) include a description of current and pro-
posed mechanisms to enhance cooperation and co-
ordination of natural resources adaptation efforts
1334 
with other Federal agencies, State and local govern-
ments, Indian tribes, and nongovernmental stake-
holders; 
(6) include specific written guidance to resource 
managers to— 
(A) explain how managers are expected to 
address the effects of climate change and ocean 
acidification; 
(B) identify how managers are to obtain 
any site-specific information that may be nec-
essary; and 
(C) reflect best practices shared among rel-
evant agencies, while also recognizing the 
unique missions, objectives, and responsibilities 
of each agency; and 
(7) identify and assess data and information 
gaps necessary to develop natural resources adapta-
tion plans and strategies. 
(d) IMPLEMENTATION.— 
(1) IN GENERAL.—Upon approval by the Presi-
dent, each department or agency that serves on the 
Natural Resources Climate Change Adaptation 
Panel shall implement its adaptation plan through 
existing and new plans, policies, programs, activities,
1335 
and actions to the extent not inconsistent with exist-
ing authority. 
(2) CONSIDERATION OF IMPACTS.— 
(A) IN GENERAL.—To the maximum ex-
tent practicable and consistent with applicable 
law, every natural resource management deci-
sion made by the department or agency shall 
consider the impacts of climate change and 
ocean acidification on those natural resources. 
(B) GUIDANCE.—The Council on Environ-
mental Quality shall issue guidance for Federal 
departments and agencies for considering those 
impacts. 
(e) REVISION AND REVIEW.—Not less than every 5 
years, each adaptation plan under this section shall be re-
viewed and revised to incorporate the best available science 
and other information regarding the impacts of climate 
change and ocean acidification on natural resources. 
SEC. 
479. 
STATE 
NATURAL 
RESOURCES 
ADAPTATION 
PLANS. 
(a) REQUIREMENT.—In order to be eligible for funds 
under section 480, not later than 1 year after the develop-
ment of a Natural Resources Climate Change Adaptation 
Strategy required under section 476 each State shall pre-
pare a State natural resources adaptation plan detailing
1336 
the State’s current and projected efforts to address the 
potential impacts of climate change and ocean acidifica-
tion on natural resources and coastal areas within the 
State’s jurisdiction. 
(b) REVIEW OR APPROVAL.— 
(1) IN GENERAL.—Each State adaptation plan 
shall be reviewed and approved or disapproved by 
the Secretary of the Interior and, as applicable, the 
Secretary of Commerce. Such approval shall be 
granted if the plan meets the requirements of sub-
section (c) and is consistent with the Natural Re-
sources Climate Change Adaptation Strategy re-
quired under section 476. 
(2) APPROVAL OR DISAPPROVAL.—Within 180 
days after transmittal of such a plan, or a revision 
to such a plan, the Secretary of the Interior and, as 
applicable, the Secretary of Commerce shall approve 
or disapprove the plan by written notice. 
(3) RESUBMITTAL.—Within 90 days after 
transmittal of a resubmitted adaptation plan as a re-
sult of disapproval under paragraph (3), the Sec-
retary of the Interior and, as applicable, the Sec-
retary of Commerce, shall approve or disapprove the 
plan by written notice.
1337 
(c) CONTENTS.—A State natural resources adapta-
tion plan shall— 
(1) include a strategy for addressing the im-
pacts of climate change and ocean acidification on 
terrestrial, marine, estuarine, and freshwater fish, 
wildlife, plants, habitats, ecosystems, wildlife health, 
and ecological processes, that— 
(A) describes the impacts of climate 
change and ocean acidification on the diversity 
and health of the fish, wildlife and plant popu-
lations, habitats, ecosystems, and associated ec-
ological processes; 
(B) establishes programs for monitoring 
the impacts of climate change and ocean acidifi-
cation on fish, wildlife, and plant populations, 
habitats, ecosystems, and associated ecological 
processes; 
(C) describes and prioritizes proposed con-
servation actions to assist fish, wildlife, plant 
populations, habitats, ecosystems, and associ-
ated ecological processes in becoming more re-
silient, adapting to, and better withstanding 
those impacts; 
(D) includes strategies, specific conserva-
tion actions, and a time frame for implementing
1339 
agency, the State agency responsible for 
administration of Land and Water Con-
servation Fund grants, the State Forest 
Legacy program coordinator, and other 
State agencies considered appropriate by 
the Governor of such State; and 
(ii) in coordination with the Secretary 
of the Interior, and where applicable, the 
Secretary of Commerce and other States 
that share jurisdiction over natural re-
sources with the State; and 
(2) include, in the case of a coastal State, a 
strategy for addressing the impacts of climate 
change and ocean acidification on the coastal zone 
that— 
(A) identifies natural resources that are 
likely to be impacted by climate change and 
ocean acidification and describes those impacts; 
(B) identifies and prioritizes continuing re-
search and data collection needed to address 
those impacts including— 
(i) acquisition of high resolution 
coastal elevation and nearshore bathymetry 
data;
1340 
(ii) historic shoreline position maps, 
erosion rates, and inventories of shoreline 
features and structures; 
(iii) measures and models of relative 
rates of sea level rise or lake level changes, 
including effects on flooding, storm surge, 
inundation, and coastal geological proc-
esses; 
(iv) habitat loss, including projected 
losses of coastal wetlands and potentials 
for inland migration of natural shoreline 
habitats; 
(v) ocean and coastal species and eco-
system migrations, and changes in species 
population dynamics; 
(vi) changes in storm frequency, in-
tensity, or rainfall patterns; 
(vii) saltwater intrusion into coastal 
rivers and aquifers; 
(viii) changes in chemical or physical 
characteristics of marine and estuarine 
systems; 
(ix) increased harmful algal blooms; 
and 
(x) spread of invasive species;
1341 
(C) identifies and prioritizes adaptation 
strategies to protect, restore, and conserve nat-
ural resources to enable them to become more 
resilient, adapt to, and withstand the impacts of 
climate change and ocean acidification, includ-
ing— 
(i) protection, maintenance, and res-
toration of ecologically important coastal 
lands, coastal and ocean ecosystems, and 
species biodiversity and the establishment 
of habitat buffer zones, migration cor-
ridors, and climate refugia; and 
(ii) improved planning, siting policies, 
and hazard mitigation strategies; 
(D) establishes programs for the long-term 
monitoring of the impacts of climate change 
and ocean acidification on the ocean and coastal 
zone and to assess and adjust, when necessary, 
such adaptive management strategies; 
(E) establishes performance measures for 
assessing the effectiveness of adaptation strate-
gies intended to improve resilience and the abil-
ity of natural resources in the coastal zone to 
adapt to and withstand the impacts of climate 
change and ocean acidification and of adapta-
1342 
tion strategies intended to minimize those im-
pacts on the coastal zone and to update those 
strategies to respond to new information or 
changing conditions; and 
(F) is developed with the participation of 
the State coastal agency and other appropriate 
State agencies and in coordination with the 
Secretary of Commerce and other appropriate 
Federal agencies. 
(d) PUBLIC INPUT.—States shall provide for solicita-
tion and consideration of public and independent scientific 
input in the development of their plans. 
(e) COORDINATION WITH OTHER PLANS.—The State 
plan shall take into consideration research and informa-
tion contained in, and coordinate with and integrate the 
goals and measures identified in, as appropriate, other 
natural resources conservation strategies, including— 
(1) the national fish habitat action plan; 
(2) plans under the North American Wetlands 
Conservation Act (16 U.S.C. 4401 et seq.); 
(3) the Federal, State, and local partnership 
known as ‘‘Partners in Flight’’; 
(4) federally approved coastal zone management 
plans under the Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.);
1343 
(5) federally approved regional fishery manage-
ment plants and habitat conservation activities 
under the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.); 
(6) the national coral reef action plan; 
(7) recovery plans for threatened species and 
endangered species under section 4(f) of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533(f)); 
(8) habitat conservation plans under section 10 
of that Act (16 U.S.C. 1539); 
(9) other Federal, State, and tribal plans for 
imperiled species; 
(10) State or tribal hazard mitigation plans; 
(11) State or tribal water management plans; 
and 
(12) other State-based strategies that com-
prehensively implement adaptation activities to re-
mediate the effects of climate change and ocean 
acidification on terrestrial, marine, and freshwater 
fish, wildlife, plants, and other natural resources. 
(f) UPDATING.—Each State plan shall be updated 
not less than every 5 years. 
(g) FUNDING.— 
(1) IN GENERAL.—Funds allocated to States 
under section 480 shall be used only for activities
1344 
that are consistent with a State natural resources 
adaptation plan that has been approved by the Sec-
retaries of Interior and Commerce. 
(2) FUNDING PRIOR TO THE APPROVAL OF A 
STATE PLAN.—Until the earlier of the date that is 
3 years after the date of the enactment of this sub-
part or the date on which a State receives approval 
for the State strategy, a State shall be eligible to re-
ceive funding under section 480 for adaptation ac-
tivities that are— 
(A) consistent with the comprehensive 
wildlife strategy of the State and, where appro-
priate, other natural resources conservation 
strategies; and 
(B) in accordance with a workplan devel-
oped in coordination with— 
(i) the Secretary of the Interior; and 
(ii) the Secretary of Commerce, for 
any coastal State subject to the condition 
that coordination with the Secretary of 
Commerce shall be required only for those 
portions of the strategy relating to activi-
ties affecting the coastal zone. 
(3) PENDING
APPROVAL.—During the period 
for which approval by the applicable Secretary of a
1345 
State plan is pending, the State may continue receiv-
ing funds under section 480 pursuant to the 
workplan described in paragraph (2)(B). 
SEC. 480. NATURAL RESOURCES CLIMATE CHANGE ADAP-
TATION FUND. 
(a) ALLOCATIONS TO STATES.—100 percent of the 
emission allowances made available for each year to carry 
out this subpart shall be provided to States to carry out 
natural resources adaptation activities in accordance with 
State natural resources adaptation plans approved under 
section 479. Specifically— 
(1) 84.4 percent shall be available to State 
wildlife agencies in accordance with the apportion-
ment formula established under the second sub-
section (c) of section 4 of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669c), as added 
by section 902(e) of H.R. 5548 as introduced in the 
106th Congress and enacted into law by section 
1(a)(2) of Public Law 106–553 (114 Stat. 2762A– 
119); and 
(2) 15.6 percent shall be available to State 
coastal agencies pursuant to the formula established 
by the Secretary of Commerce under section 306(c) 
of the Coastal Management Act of 1972 (16 U.S.C. 
1455(c)).
1346 
(b) ESTABLISHMENT OF FUND.— 
(1) ESTABLISHMENT.—Subject to subtitle F of 
title IV, there is hereby established in the Treasury 
a separate account that shall be known as the Nat-
ural Resources Climate Change Adaptation Fund. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
Subject to subtitle F of title IV, there are authorized 
to be appropriated for subsection (c) such sums as 
are deposited in the Natural Resources Climate 
Change Fund, and the amounts appropriated for 
subsection (c) shall be no less than the total esti-
mated annual deposits in the Natural Resources Cli-
mate Change Adaptation Fund. 
(c) ALLOCATIONS TO FEDERAL AGENCIES.— 
(1) DEPARTMENT OF THE INTERIOR.—Of the 
amounts made available for each fiscal year to carry 
out this subpart— 
(A) 27.6 percent shall be allocated to the 
Secretary of the Interior for use in funding— 
(i) natural resources adaptation activi-
ties carried out— 
(I) under endangered species, mi-
gratory species, and other fish and 
wildlife programs administered by the 
National Park Service, the United
1347 
States Fish and Wildlife Service, the 
Bureau of Indian Affairs, and the Bu-
reau of Land Management; 
(II) on wildlife refuges, National 
Park Service land, and other public 
land under the jurisdiction of the 
United States Fish and Wildlife Serv-
ice, the Bureau of Land Management, 
the Bureau of Indian Affairs, or the 
National Park Service; or 
(III) within Federal water man-
aged by the Bureau of Reclamation 
and the National Park Service; and 
(ii) for the implementation of the Na-
tional Fish and Wildlife Habitat and Cor-
ridors Identification Program pursuant to 
section 481; 
(B) 8.1 percent shall be allocated to the 
Secretary of the Interior for natural resources 
adaptation activities carried out under coopera-
tive grant programs, including— 
(i) the cooperative endangered species 
conservation fund authorized under section 
6 of the Endangered Species Act of 1973 
(16 U.S.C. 1535);
1348 
(ii) programs under the North Amer-
ican 
Wetlands 
Conservation 
Act 
(16 
U.S.C. 4401 et seq.); 
(iii) the Neotropical Migratory Bird 
Conservation Fund established by section 
478(a) of the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6108(a)); 
(iv) the Coastal Program of the 
United States Fish and Wildlife Service; 
(v) the National Fish Habitat Action 
Plan; 
(vi) the Partners for Fish and Wildlife 
Program; 
(vii) the Landowner Incentive Pro-
gram; 
(viii) the Wildlife Without Borders 
Program of the United States Fish and 
Wildlife Service; and 
(ix) the Migratory Species Program 
and Park Flight Migratory Bird Program 
of the National Park Service; and 
(C) 4.9 percent shall be allocated to the 
Secretary of the Interior to provide financial as-
sistance to Indian tribes to carry out natural 
resources adaptation activities through the
1349 
Tribal Wildlife Grants Program of the United 
States Fish and Wildlife Service and in accord-
ance with the Indian Self-Determination and 
Educational Assistance Act (25 U.S.C. 450(f)). 
(2) LAND AND WATER CONSERVATION FUND.— 
(A) DEPOSITS.— 
(i) IN
GENERAL.—Of the amounts 
made available for each fiscal year to carry 
out this subpart, 19.5 percent shall be de-
posited into the Land and Water Conserva-
tion Fund established under section 2 of 
the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l–5). 
(ii) USE OF DEPOSITS.—(I) Deposits 
into the Land and Water Conservation 
Fund under this paragraph shall be sup-
plemental to authorizations provided under 
section 3 of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–6), 
which shall remain available for non-
adaptation needs. 
(II) There are authorized to be appro-
priated for activities in this subpart such 
sums as are deposited in the Land and 
Water Conservation Fund pursuant to sec-
1350 
tion 480(c)(3)(A)(ii), and the amounts ap-
propriated for this paragraph shall be no 
less than the total estimated annual depos-
its in the Land and Water Conservation 
Fund. 
(B) ALLOCATIONS.—Of the amounts de-
posited under this paragraph into the Land and 
Water Conservation Fund— 
(i) 1⁄6 shall be allocated to the Sec-
retary of the Interior and made available 
on a competitive basis to carry out natural 
resources adaptation activities through the 
acquisition of land and interests in land 
under section 6 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 
460l–8)— 
(I) to States in accordance with 
their natural resources adaptation 
plans, and to Indian tribes; 
(II) notwithstanding section 5 of 
that Act (16 U.S.C. 460l–7); and 
(III) in addition to any funds 
provided pursuant to annual appro-
priations Acts, the Energy Policy Act 
of 2005 (42 U.S.C. 15801 et seq.), or
1351 
any other authorization for non-
adaptation needs; 
(ii) 1⁄3 shall be allocated to the Sec-
retary of the Interior to carry out natural 
resources adaptation activities through the 
acquisition of lands and interests in land 
under section 7 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 
460l–9); 
(iii) 1⁄6 shall be allocated to the Sec-
retary of Agriculture and made available to 
the States and Indian tribes to carry out 
natural 
resources 
adaptation 
activities 
through the acquisition of land and inter-
ests in land under section 7 of the Forest 
Legacy Program under the Cooperative 
Forestry Assistance Act of 1978 (16 
U.S.C. 2103c); and 
(iv) 1⁄3 shall be allocated to the Sec-
retary of Agriculture to carry out natural 
resources adaptation activities through the 
acquisition of land and interests in land 
under section 7 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 
460l–9).
1352 
(C) EXPENDITURE
OF
FUNDS.—In allo-
cating funds under subparagraph (B), the Sec-
retary of the Interior and the Secretary of Agri-
culture shall take into consideration factors in-
cluding— 
(i) the availability of non-Federal con-
tributions from State, local, or private 
sources; 
(ii) opportunities to protect fish and 
wildlife corridors or otherwise to link or 
consolidate fragmented habitats; 
(iii) opportunities to reduce the risk of 
catastrophic wildfires, drought, extreme 
flooding, or other climate-related events 
that are harmful to fish and wildlife and 
people; and 
(iv) the potential for conservation of 
species or habitat types at serious risk due 
to climate change, ocean acidification, and 
other stressors. 
(3) FOREST SERVICE.—Of the amounts made 
available for each fiscal year to carry out this sub-
part, 8.1 percent shall be allocated to the Secretary 
of Agriculture for use in funding natural resources 
adaptation activities carried out on national forests
1353 
and national grasslands under the jurisdiction of the 
Forest Service and for natural resource adaptation 
activities on State and private forest lands carried 
out under the Cooperative Forestry Assistance Act 
of 1978. 
(4) DEPARTMENT
OF
COMMERCE.—Of the 
amounts made available for each fiscal year to carry 
out this subpart, 11.5 percent shall be allocated to 
the Secretary of Commerce for use in funding nat-
ural resources adaptation activities to protect, main-
tain, and restore coastal, estuarine, and marine re-
sources, habitats, and ecosystems, including such ac-
tivities carried out under— 
(A) the coastal and estuarine land con-
servation program; 
(B) the community-based restoration pro-
gram; 
(C) the Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.), that are specifi-
cally designed to strengthen the ability of coast-
al, estuarine, and marine resources, habitats, 
and ecosystems to adapt to and withstand the 
impacts of climate change and ocean acidifica-
tion; 
(D) the Open Rivers Initiative;
1354 
(E) the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 
1801 et seq.); 
(F) the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1361 et seq.); 
(G) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(H) the Marine Protection, Research, and 
Sanctuaries Act of 1972 (33 U.S.C. 1401 et 
seq.); 
(I) the Coral Reef Conservation Act of 
2000 (16 U.S.C. 6401 et seq.); and 
(J) the Estuary Restoration Act of 2000 
(33 U.S.C. 2901 et seq.). 
(5) ENVIRONMENTAL PROTECTION AGENCY.— 
Of the amounts made available each fiscal year to 
carry out this section, 12.2 percent shall be allocated 
to the Administrator for use in natural resources ad-
aptation activities restoring and protecting— 
(A) large-scale freshwater aquatic eco-
systems, such as the Everglades, the Great 
Lakes, Flathead Lake, the Missouri River, the 
Mississippi River, the Colorado River, the Sac-
ramento-San Joaquin Rivers, the Ohio River, 
the Columbia-Snake River System, the Apa-
1355 
lachicola, Chattahoochee, and Flint River Sys-
tem, the Connecticut River, and the Yellowstone 
River; 
(B) large-scale estuarine ecosystems, such 
as Chesapeake Bay, Long Island Sound, Puget 
Sound, the Mississippi River Delta, the San 
Francisco Bay Delta, Narragansett Bay, and 
Albemarle-Pamlico Sound; and 
(C) freshwater and estuarine ecosystems, 
watersheds, and basins identified as priorities 
by the Administrator, working in cooperation 
with other Federal agencies, States, Indian 
tribes, local governments, scientists, and other 
conservation partners. 
(6) CORPS
OF
ENGINEERS.—Of the amounts 
made available each fiscal year to carry out this sec-
tion, 8.1 percent shall be available to the Secretary 
of the Army for use by the Corps of Engineers to 
carry out natural resources adaptation activities re-
storing— 
(A) large-scale freshwater aquatic eco-
systems, such as the ecosystems described in 
paragraph (5)(A);
1356 
(B) large-scale estuarine ecosystems, such 
as the ecosystems described in paragraph 
(5)(B); 
(C) freshwater and estuarine ecosystems, 
watersheds, and basins identified as priorities 
by the Corps of Engineers, working in coopera-
tion with other Federal agencies, States, Indian 
tribes, local governments, scientists, and other 
conservation partners; and 
(D) habitats and ecosystems through the 
implementation of estuary habitat restoration 
projects authorized by the Estuary Restoration 
Act of 2000 (33 U.S.C. 2901 et seq.), project 
modifications for improvement of the environ-
ment, 
aquatic 
restoration 
and 
protection 
projects authorized by section 206 of the Water 
Resources Development Act of 1996 (33 U.S.C. 
2330), and other appropriate programs and ac-
tivities. 
(d) USE OF FUNDS BY FEDERAL DEPARTMENTS AND 
AGENCIES.—Funds allocated to Federal departments and 
agencies under this section shall only be used for natural 
resources adaptation activities that are consistent with an 
adaptation plan developed and approved by the President 
under section 478.
1357 
(e) STATE COST SHARING.—Notwithstanding any 
other provision of law, a State that receives a grant with 
amounts allocated under this section shall use funds from 
non-Federal sources to pay at least 10 percent of the costs 
of each activity carried out using amounts provided under 
the grant. 
SEC. 481. NATIONAL WILDLIFE HABITAT AND CORRIDORS 
INFORMATION PROGRAM. 
(a) ESTABLISHMENT.—Within 6 months of the date 
of enactment of this subpart, the Secretary of the Interior, 
in cooperation with the States and Indian tribes, shall es-
tablish a National Fish and Wildlife Habitat and Cor-
ridors Information Program in accordance with the re-
quirements of this section. 
(b) PURPOSE.—The purpose of this program is to— 
(1) support States and Indian tribes in the de-
velopment of a geographic information system data-
base of fish and wildlife habitat and corridors that 
would inform planning and development decisions 
within each State and Indian tribe, enable each 
State and Indian tribe to model climate impacts and 
adaptation, and provide geographically specific en-
hancements of State and tribal wildlife action plans; 
(2) ensure the collaborative development, with 
the States and Indian tribes, of a comprehensive,
1358 
national geographic information system database of 
maps, models, data, surveys, informational products, 
and other geospatial information regarding fish and 
wildlife habitat and corridors, that— 
(A) is based on consistent protocols for 
sampling and mapping across landscapes that 
take into account regional differences; and 
(B) that utilizes— 
(i) existing and planned State- and 
tribal-based geographic information system 
databases; and 
(ii) 
existing 
databases, 
analytical 
tools, metadata activities, and other infor-
mation products available through the Na-
tional Biological Information Infrastruc-
ture maintained by the Secretary and non-
governmental organizations; and 
(3) facilitate the use of such databases by Fed-
eral, State, local, and tribal decisionmakers to incor-
porate qualitative information on fish and wildlife 
habitat and corridors at the earliest possible stage 
to— 
(A) prioritize and target natural resources 
adaptation strategies and activities;
1359 
(B) avoid, minimize, and mitigate the im-
pacts on fish and wildlife habitat and corridors 
in siting energy development, water, trans-
mission, transportation, and other land use 
projects; 
(C) assess the impacts of existing develop-
ment on habitats and corridors; and 
(D) develop management strategies to en-
hance the ability of fish, wildlife, and plant spe-
cies to migrate or respond to shifting habitats 
within existing habitats and corridors. 
(c) HABITAT AND CORRIDORS INFORMATION SYS-
TEM.— 
(1) IN GENERAL.—The Secretary, in coopera-
tion with the States and Indian tribes, shall develop 
a Habitat and Corridors Information System. 
(2) CONTENTS.—The System shall— 
(A) include maps, data, and descriptions of 
fish and wildlife habitat and corridors, that— 
(i) have been developed by Federal 
agencies, State wildlife agencies and nat-
ural heritage programs, Indian tribes, local 
governments, nongovernmental organiza-
tions, and industry;
1360 
(ii) meet accepted Geospatial Inter-
operability Framework data and metadata 
protocols and standards; 
(B) include maps and descriptions of pro-
jected shifts in habitats and corridors of fish 
and wildlife species in response to climate 
change; 
(C) assure data quality and make the data, 
models, and analyses included in the System 
available at scales useful to decisionmakers— 
(i) to prioritize and target natural re-
sources adaptation strategies and activi-
ties; 
(ii) to assess the impacts of proposed 
energy development, water, transmission, 
transportation, and other land use projects 
and avoid, minimize, and mitigate those 
impacts on habitats and corridors; 
(iii) to assess the impacts of existing 
development on habitats and corridors; and 
(iv) to develop management strategies 
to enhance the ability of fish, wildlife, and 
plant species to migrate or respond to 
shifting habitats within existing habitats 
and corridors;
1361 
(D) establish a process for updating maps 
and other information as landscapes, habitats, 
corridors, and wildlife populations change or as 
other information becomes available; 
(E) encourage the development of collabo-
rative plans by Federal and State agencies and 
Indian tribes to monitor and evaluate the effi-
cacy of the System to meet the needs of deci-
sionmakers; 
(F) identify gaps in habitat and corridor 
information, mapping, and research that should 
be addressed to fully understand and assess 
current data and metadata, and to prioritize re-
search and future data collection activities for 
use in updating the System and provide support 
for those activities; 
(G) include mechanisms to support collabo-
rative research, mapping, and planning of habi-
tats and corridors by Federal and State agen-
cies, Indian tribes, and other interested stake-
holders; 
(H) incorporate biological and geospatial 
data on species and corridors found in energy 
development and transmission plans, including
1362 
renewable energy initiatives, transportation, and 
other land use plans; 
(I) be based on the best scientific informa-
tion available; and 
(J) identify, prioritize, and describe key 
parcels of non-Federal land located within the 
boundaries of units of the National Park Sys-
tem, National Wildlife Refuge System, National 
Forest System, or National Grassland System 
that are critical to maintenance of wildlife habi-
tat and migration corridors. 
(d) FINANCIAL AND OTHER SUPPORT.—The Sec-
retary may provide support to the States and Indian 
tribes, including financial and technical assistance, for ac-
tivities that support the development and implementation 
of the System. 
(e) COORDINATION.—The Secretary, in cooperation 
with the States and Indian tribes, shall make rec-
ommendations on how the information developed in the 
System may be incorporated into existing relevant State 
and Federal plans affecting fish and wildlife, including 
land management plans, the State Comprehensive Wildlife 
Conservation Strategies, and appropriate tribal conserva-
tion plans, to ensure that they—
1363 
(1) prevent unnecessary habitat fragmentation 
and disruption of corridors; 
(2) promote the landscape connectivity nec-
essary to allow wildlife to move as necessary to meet 
biological needs, adjust to shifts in habitat, and 
adapt to climate change; and 
(3) minimize the impacts of energy, develop-
ment, 
water, 
transportation, 
and 
transmission 
projects and other activities expected to impact habi-
tat and corridors. 
(f) DEFINITIONS.—In this section: 
(1) GEOSPATIAL
INTEROPERABILITY
FRAME-
WORK.—The 
term 
‘‘Geospatial 
Interoperability 
Framework’’ means the strategy utilized by the Na-
tional Biological Information Infrastructure that is 
based upon accepted standards, specifications, and 
protocols adopted through the International Stand-
ards Organization, the Open Geospatial Consortium, 
and the Federal Geographic Data Committee, to 
manage, archive, integrate, analyze, and make acces-
sible geospatial and biological data and metadata. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior.
1364 
SEC. 482. ADDITIONAL PROVISIONS REGARDING INDIAN 
TRIBES. 
(a) FEDERAL TRUST RESPONSIBILITY.—Nothing in 
this subpart is intended to amend, alter, or give priority 
over the Federal trust responsibility to Indian tribes. 
(b) EXEMPTION FROM FOIA.—Information received 
by a Federal agency pursuant to this Act relating to the 
location, character, or ownership of human remains of a 
person of Indian ancestry; or resources, cultural items, 
uses, or activities identified by an Indian tribe as tradi-
tional or cultural because of the long-established signifi-
cance or ceremonial nature to the Indian tribe; shall not 
be subject to disclosure under section 552 of title 5, 
United States Code, if the head of the agency, in consulta-
tion with the Secretary of the Interior and an affected In-
dian tribe, determines that disclosure may— 
(1) cause a significant invasion of privacy; 
(2) risk harm to the human remains or re-
sources, cultural items, uses, or activities; or 
(3) impede the use of a traditional religious site 
by practitioners. 
(c) APPLICATION OF OTHER LAW.—The Secretary of 
the Interior may apply the provisions of Public Law 93– 
638 where appropriate in the implementation of this sub-
part.
1365 
PART 2—INTERNATIONAL CLIMATE CHANGE 
ADAPTATION PROGRAM 
SEC. 491. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Global climate change is a potentially sig-
nificant national and global security threat multi-
plier and is likely to exacerbate competition and con-
flict over agricultural, vegetative, marine, and water 
resources and to result in increased displacement of 
people, poverty, and hunger within developing coun-
tries. 
(2) The strategic, social, political, economic, 
cultural, and environmental consequences of global 
climate change are likely to have disproportionate 
adverse impacts on developing countries, which have 
less economic capacity to respond to such impacts. 
(3) The countries most vulnerable to climate 
change, due both to greater exposure to harmful im-
pacts and to lower capacity to adapt, are developing 
countries with very low industrial greenhouse gas 
emissions that have contributed less to climate 
change than more affluent countries. 
(4) To a much greater degree than developed 
countries, developing countries rely on the natural 
and environmental systems likely to be affected by
1366 
climate change for sustenance, livelihoods, and eco-
nomic growth and stability. 
(5) Within developing countries there may be 
varying climate change adaptation and resilience 
needs among different communities and populations, 
including 
impoverished 
communities, 
children, 
women, and indigenous peoples. 
(6) The consequences of global climate change, 
including increases in poverty and destabilization of 
economies and societies, are likely to pose long-term 
challenges to the national security, foreign policy, 
and economic interests of the United States. 
(7) It is in the national security, foreign policy, 
and economic interests of the United States to rec-
ognize, plan for, and mitigate the international stra-
tegic, 
social, 
political, 
cultural, 
environmental, 
health, and economic effects of climate change and 
to assist developing countries to increase their resil-
ience to those effects. 
(8) Under Article 4 of the United Nations 
Framework Convention on Climate Change, devel-
oped country parties, including the United States, 
committed to ‘‘assist the developing country parties 
that are particularly vulnerable to the adverse effects
1367 
of climate change in meeting costs of adaptation to 
those adverse effects’’. 
(9) Under the Bali Action Plan, developed 
country parties to the United Nations Framework 
Convention on Climate Change, including the United 
States, committed to ‘‘enhanced action on the provi-
sion of financial resources and investment to support 
action on mitigation and adaptation and technology 
cooperation,’’ including, inter alia, consideration of 
‘‘improved access to adequate, predictable, and sus-
tainable financial resources and financial and tech-
nical support, and the provision of new and addi-
tional resources, including official and concessional 
funding for developing country parties’’. 
(b) PURPOSES.—The purposes of this part are— 
(1) to provide new and additional assistance 
from the United States to the most vulnerable devel-
oping countries, including the most vulnerable com-
munities and populations therein, in order to sup-
port the development and implementation of climate 
change adaptation programs and activities that re-
duce the vulnerability and increase the resilience of 
communities to climate change impacts, including 
impacts on water availability, agricultural produc-
tivity, flood risk, coastal resources, timing of sea-
1368 
sons, biodiversity, economic livelihoods, health and 
diseases, and human migration; and 
(2) to provide such assistance in a manner that 
protects and promotes the national security, foreign 
policy, environmental, and economic interests of the 
United States to the extent such interests may be 
advanced by minimizing, averting, or increasing re-
silience to climate change impacts. 
SEC. 492. DEFINITIONS. 
In this part: 
(1) 
ALLOWANCE.—The 
term 
‘‘allowance’’ 
means an emission allowance established under sec-
tion 721 of the Clean Air Act. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committees on Energy and Com-
merce, Financial Services, and Foreign Affairs 
of the House of Representatives; and 
(B) the Committees on Environment and 
Public Works and Foreign Relations of the Sen-
ate. 
(3) DEVELOPING COUNTRY.—The term ‘‘devel-
oping country’’ means a country eligible to receive 
official development assistance according to the in-
1369 
come guidelines of the Development Assistance Com-
mittee of the Organization for Economic Coopera-
tion and Development. 
(4) MOST
VULNERABLE
DEVELOPING
COUN-
TRIES.—The term ‘‘most vulnerable developing 
countries’’ means, as determined by the Adminis-
trator of USAID, developing countries that are at 
risk of substantial adverse impacts of climate change 
and have limited capacity to respond to such im-
pacts, considering the approaches included in any 
international treaties and agreements. 
(5) MOST
VULNERABLE
COMMUNITIES
AND 
POPULATIONS.—The term ‘‘most vulnerable commu-
nities and populations’’ means communities and pop-
ulations that are at risk of substantial adverse im-
pacts of climate change and have limited capacity to 
respond to such impacts, including impoverished 
communities, children, women, and indigenous peo-
ples. 
(6) PROGRAM.—The term ‘‘Program’’ means 
the International Climate Change Adaptation Pro-
gram established under section 493. 
(7) USAID.—The term ‘‘USAID’’ means the 
United States Agency for International Develop-
ment.
1370 
(8) UNITED
NATIONS
FRAMEWORK
CONVEN-
TION ON CLIMATE CHANGE.—The term ‘‘United Na-
tions Framework Convention on Climate Change’’ or 
‘‘Convention’’ means the United Nations Framework 
Convention on Climate Change done at New York on 
May 9, 1992, and entered into force on March 21, 
1994. 
SEC. 493. INTERNATIONAL CLIMATE CHANGE ADAPTATION 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of State, in 
consultation with the Administrator of USAID, the Sec-
retary of the Treasury, and the Administrator of the Envi-
ronmental Protection Agency, shall establish an Inter-
national Climate Change Adaptation Program in accord-
ance with the requirements of this part. 
(b) ALLOWANCE ACCOUNT.—Allowances allocated 
pursuant to section 782(n) of the Clean Air Act shall be 
available for distribution to carry out the Program estab-
lished under subsection (a). 
(c) SUPPLEMENT NOT SUPPLANT.—Assistance pro-
vided under this part shall be used to supplement, and 
not to supplant, any other Federal, State, or local re-
sources available to carry out activities of the type carried 
out under the Program.
1371 
SEC. 494. DISTRIBUTION OF ALLOWANCES. 
(a) IN GENERAL.—The Secretary of State, or such 
other Federal agency head as the President may des-
ignate, after consultation with the Secretary of the Treas-
ury, the Administrator of USAID, and the Administrator 
of the Environmental Protection Agency, shall direct the 
distribution of allowances to carry out the Program— 
(1) in the form of bilateral assistance pursuant 
to the requirements under section 495; 
(2) to multilateral funds or international insti-
tutions pursuant to the Convention or an agreement 
negotiated under the Convention; or 
(3) through a combination of the mechanisms 
identified under paragraphs (1) and (2). 
(b) LIMITATION.— 
(1) CONDITIONAL DISTRIBUTION TO MULTILAT-
ERAL FUNDS OR INTERNATIONAL INSTITUTIONS.— 
In any fiscal year, the Secretary of State, or such 
other Federal agency head as the President may 
designate, in consultation with the Administrator of 
USAID, the Secretary of the Treasury, and the Ad-
ministrator of the Environmental Protection Agency, 
shall distribute at least 40 percent and up to 60 per-
cent of the allowances available to carry out the Pro-
gram to one or more multilateral funds or inter-
national institutions that meet the requirements of
1372 
paragraph (2), if any such fund or institution exists, 
and shall annually certify in a report to the appro-
priate congressional committees that any multilat-
eral fund or international institution receiving allow-
ances under this section meets the requirements of 
paragraph (2) or that no multilateral fund or inter-
national institution that meets the requirements of 
paragraph (2) exists, as the case may be. The Sec-
retary of State shall notify the appropriate congres-
sional committees not less than 15 days prior to any 
transfer of allowances to a multilateral fund or 
international institution pursuant to this section. 
(2) MULTILATERAL FUND OR INTERNATIONAL 
INSTITUTION ELIGIBILITY.—A multilateral fund or 
international institution is eligible to receive allow-
ances available to carry out the Program— 
(A) if— 
(i) such fund or institution is estab-
lished pursuant to— 
(I) the Convention; or 
(II) an agreement negotiated 
under the Convention; or 
(ii) the allowances are directed to one 
or more multilateral development banks or 
international development institutions, pur-
1373 
suant to an agreement negotiated under 
such Convention; and 
(B) if such fund or institution— 
(i) specifies the terms and conditions 
under which the United States is to pro-
vide allowances to the fund or institution, 
and under which the fund or institution is 
to provide assistance to recipient countries; 
(ii) ensures that assistance from the 
United States to the fund or institution 
and the principal and income of the fund 
or institution are disbursed only for pur-
poses that are consistent with those de-
scribed in section 491(b)(1); 
(iii) requires a regular meeting of a 
governing body of the fund or institution 
that includes representation from countries 
among the most vulnerable developing 
countries and provides public access; 
(iv) requires that local communities 
and indigenous peoples in areas where any 
activities or programs are planned are en-
gaged through adequate disclosure of in-
formation, public participation, and con-
sultation; and
1374 
(v) prepares and makes public an an-
nual report that— 
(I) describes the process and 
methodology for selecting the recipi-
ents of assistance from the fund or in-
stitution, including assessments of 
vulnerability; 
(II) describes specific programs 
and activities supported by the fund 
or institution and the extent to which 
the assistance is addressing the adap-
tation needs of the most vulnerable 
developing countries, and the most 
vulnerable communities and popu-
lations therein; 
(III) describes the performance 
goals for assistance authorized under 
the fund or institution and expresses 
such goals in an objective and quan-
tifiable form, to the extent practicable; 
(IV) describes the performance 
indicators to be used in measuring or 
assessing the achievement of the per-
formance goals described in subclause 
(III);
1375 
(V) provides a basis for rec-
ommendations for adjustments to as-
sistance authorized under this part to 
enhance the impact of such assist-
ance; and 
(VI) describes the participation 
of other nations and international or-
ganizations in supporting and gov-
erning the fund or institution. 
(c) OVERSIGHT.— 
(1) DISTRIBUTION TO MULTILATERAL FUNDS 
OR INTERNATIONAL INSTITUTIONS.—The Secretary 
of State, or such other Federal agency head as the 
President may designate, in consultation with the 
Administrator of USAID, shall oversee the distribu-
tion of allowances available to carry out the Pro-
gram to a multilateral fund or international institu-
tion under subsection (b). 
(2) BILATERAL
ASSISTANCE.—The Adminis-
trator of USAID, in consultation with the Secretary 
of State, shall oversee the distribution of allowances 
available to carry out the Program for bilateral as-
sistance under section 495. 
SEC. 495. BILATERAL ASSISTANCE. 
(a) ACTIVITIES AND FOREIGN AID.—
1376 
(1) IN GENERAL.—In order to achieve the pur-
poses of this part, the Administrator of USAID may 
carry out programs and activities and distribute al-
lowances to any private or public group (including 
international organizations and faith-based organiza-
tions), association, or other entity engaged in peace-
ful activities to— 
(A) provide assistance to the most vulner-
able developing countries for— 
(i) the development of national or re-
gional climate change adaptation plans, in-
cluding a systematic assessment of socio-
economic vulnerabilities in order to identify 
the most vulnerable communities and pop-
ulations; 
(ii) associated national policies; and 
(iii) planning, financing, and execu-
tion of adaptation programs and activities; 
(B) support investments, capacity-building 
activities, and other assistance, to reduce vul-
nerability and promote community-level resil-
ience related to climate change and its impacts 
in the most vulnerable developing countries, in-
cluding impacts on water availability, agricul-
tural productivity, flood risk, coastal resources,
1377 
timing of seasons, biodiversity, economic liveli-
hoods, health, human migration, or other social, 
economic, political, cultural, or environmental 
matters; 
(C) support climate change adaptation re-
search in or for the most vulnerable developing 
countries; 
(D) reduce vulnerability and provide in-
creased resilience to climate change for local 
communities and livelihoods in the most vulner-
able developing countries by encouraging— 
(i) the protection and rehabilitation of 
natural systems; 
(ii) the enhancement and diversifica-
tion of agricultural, fishery, and other live-
lihoods; and 
(iii) the reduction of disaster risks; 
(E) support the deployment of technologies 
to help the most vulnerable developing countries 
respond to the destabilizing impacts of climate 
change and encourage the identification and 
adoption of appropriate renewable and efficient 
energy technologies that are beneficial in in-
creasing community-level resilience to the im-
1378 
pacts of global climate change in those coun-
tries; and 
(F) encourage the engagement of local 
communities through disclosure of information, 
consultation, and the communities’ informed 
participation relating to the development of 
plans, programs, and activities to increase com-
munity-level resilience to climate change im-
pacts. 
(2) LIMITATIONS.—Not more than 10 percent 
of the allowances made available to carry out bilat-
eral assistance under this part in any year shall be 
distributed to support activities in any single coun-
try. 
(3) PRIORITIZING
ASSISTANCE.—In providing 
assistance under this section, the Administrator of 
USAID shall give priority to countries, including the 
most vulnerable communities and populations there-
in, that are most vulnerable to the adverse impacts 
of climate change, determined by the likelihood and 
severity of such impacts and the country’s capacity 
to adapt to such impacts. 
(b) COMMUNITY ENGAGEMENT.— 
(1) 
IN
GENERAL.—The 
Administrator 
of 
USAID shall ensure that local communities, includ-
1379 
ing the most vulnerable communities and popu-
lations therein, in areas where any programs or ac-
tivities are carried out pursuant to this section are 
engaged in, through disclosure of information, public 
participation, and consultation, the design, imple-
mentation, monitoring, and evaluation of such pro-
grams and activities. 
(2) CONSULTATION
AND
DISCLOSURE.—For 
each country receiving assistance under this section, 
the Administrator of USAID shall establish a proc-
ess for consultation with, and disclosure of informa-
tion to, local, national, and international stake-
holders regarding any programs and activities car-
ried out pursuant to this section. 
(c) COORDINATION.— 
(1) ALIGNMENT OF ACTIVITIES.—Subject to the 
direction of the President and the Secretary of 
State, the Administrator of USAID shall, to the ex-
tent practicable, seek to align activities under this 
section with broader development, poverty allevi-
ation, or natural resource management objectives 
and initiatives in the recipient country. 
(2) COORDINATION OF ACTIVITIES.—The Ad-
ministrator of USAID shall ensure that there is co-
ordination among the activities under this section,
1380 
subtitle D of this title, and part E of title VII of the 
Clean Air Act, in order to maximize the effectiveness 
of United States assistance to developing countries. 
(d) REPORTING.— 
(1) INITIAL REPORT.—Not later than 180 days 
after the date of enactment of this part, the Admin-
istrator of USAID, in consultation with the Sec-
retary of State, shall submit to the President and 
the appropriate congressional committees an initial 
report that— 
(A) based on the most recent information 
available from reliable public sources or knowl-
edge obtained by USAID on a reliable basis, as 
determined by the Administrator of USAID, 
identifies the developing countries, including the 
most vulnerable communities and populations 
therein, that are most vulnerable to climate 
change impacts and in which assistance may 
have the greatest and most sustainable benefit 
in reducing vulnerability to climate change; and 
(B) describes the process and methodology 
for selecting the recipients of assistance under 
subsection (a)(1). 
(2) ANNUAL
REPORTS.—Not later than 18 
months after the date on which the initial report is
1381 
submitted pursuant to paragraph (1), and annually 
thereafter, the Administrator of USAID, in consulta-
tion with the Secretary of State, shall submit to the 
President and the appropriate congressional commit-
tees a report that— 
(A) describes the extent to which global cli-
mate change, through its potential negative im-
pacts on sensitive populations and natural re-
sources in the most vulnerable developing coun-
tries, may threaten, cause, or exacerbate polit-
ical, economic, environmental, cultural, or social 
instability or international conflict in those re-
gions; 
(B) describes the ramifications of any po-
tentially destabilizing impacts climate change 
may have on the national security, foreign pol-
icy, and economic interests of the United 
States, including— 
(i) the creation of environmental mi-
grants and internally displaced peoples; 
(ii) international or internal armed 
conflicts over water, food, land, or other 
resources; 
(iii) loss of agricultural and other live-
lihoods, cultural stability, and other causes
1388 
(H) Any other anthropogenic gas des-
ignated as a greenhouse gas by the Adminis-
trator. 
(6) LEAKAGE.—The term ‘‘leakage’’ means a 
significant and quantifiable increase in greenhouse 
gas emissions, or a significant and quantifiable de-
crease in sequestration, which is caused by an offset 
practice and occurs outside the boundaries of the 
offset practice. 
(7) OFFSET CREDIT.—The term ‘‘offset credit’’ 
means a tradeable compliance instrument that— 
(A) represents the reduction, avoidance, or 
sequestration of 1 ton of carbon dioxide equiva-
lent; and 
(B) is issued pursuant to this title. 
(8) OFFSET PRACTICE.—The term ‘‘offset prac-
tice’’ means an activity that reduces, avoids, or se-
questers greenhouse gas emissions, and for which 
offset credits may be issued pursuant to this title. 
(9) OFFSET PRODUCER.—The term ‘‘offset pro-
ducer’’ means an owner, operator, landlord, tenant, 
or sharecropper who has or shares responsibility for 
ensuring that an offset practice is established and 
maintained during the crediting period for purposes 
of an offset credit.
1395 
(1) PERIODIC
REVISION.—Not later than 2 
years after the date of enactment of this title, and 
every 2 years thereafter, the Secretary, after public 
notice and opportunity for comment, shall add to 
and revise the types of offset practices to the list es-
tablished under subsection (a) if those types of prac-
tices meet the standards for environmental integrity 
that are consistent with the purposes of this title. 
(2) CONSIDERATION OF PETITIONS.—The Sec-
retary shall— 
(A) consider petitions to add types of off-
set practices to the list established under sub-
section (a); and 
(B) add those types of offset practices to 
the list if the types of offset practices meet 
standards for environmental integrity consistent 
with the purposes of this title. 
(3) TIME
FOR
CONSIDERATION
OF
PETI-
TIONS.—Not later than 1 year after the receipt of 
a petition under paragraph (2), the Secretary shall 
make a decision to either grant or deny the petition 
and publish a written explanation of the reasons for 
the Secretary’s decision. The Secretary may not 
deny a petition under this subsection on the basis of