impacts, including cumulative impacts, on birds, 
bats, and other wildlife to the greatest extent prac-
ticable 
based 
on 
data 
gathered 
during 
preconstruction surveys required under paragraph 
(1), including— 
(A) the avoidance of ecologically sensitive 
areas of importance to wildlife, such as migra-
tion corridors, wetlands, and other habitats 
where wildlife congregate; hibernation, breed-
ing, and nursery areas; and critical habitats of 
endangered species and threatened species, and 
(B) siting and configuring wind turbines to 
avoid landscape and other features known to at-
tract wildlife. 
(3) CONSTRUCTION AND OPERATION.—Require-
ments for the construction and operation of wind 
projects so that they minimize impacts on birds, 
bats, and other wildlife to the greatest extent prac-
ticable, including by— 
(A) incorporating the best available tech-
nology for minimizing such impacts, and 
(B) operating such projects in a manner 
that minimizes impacts on birds, bats, and 
other wildlife. 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
(4) POST-CONSTRUCTION
MONITORING.—Re-
quirements for thorough post-construction moni-
toring of the actual impacts, including cumulative 
impacts, that wind projects are having on birds, 
bats, and other wildlife, including standards and 
protocols for transmitting all monitoring data and 
findings to the Director for consideration of cumu-
lative impacts and dissemination to the public. Such 
requirements shall provide that monitoring must be 
carried out by scientific teams that include inde-
pendent scientists, and that the Director may obtain 
access at any time to the site to ensure that moni-
toring protocols are being properly developed and 
implemented. 
(5) ADAPTIVE
MANAGEMENT.—Requirements 
for adaptive management of wind projects if the im-
pacts of such projects on birds, bats, and other wild-
life exceed predicted impacts, including requirements 
that a wind project operator shall— 
(A) take steps to reduce such impacts to 
the levels predicted prior to operation; or 
(B) suspend operations if such steps are 
not, or cannot be, taken. 
(6) OFFSET OF UNAVOIDABLE IMPACTS.—Re-
quirements that wind projects offset any unavoidable 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
impacts, including cumulative impacts, on birds, 
bats, and other wildlife through the acquisition, con-
servation, or restoration of mitigation habitat, the 
funding of research that will be of value in con-
serving affected wildlife, and other appropriate 
measures. 
(c) EXISTING PROJECTS.—Such standards shall, for 
all wind projects that have begun operation before the date 
of enactment of this Act, include at a minimum appro-
priate requirements for monitoring, adaptive management, 
and offset of unavoidable impacts mitigation for adverse 
impacts on birds, bats, and other wildlife, consistent with 
paragraphs (4) through (6) of subsection (b). 
SEC. 232. CERTIFICATION OF COMPLIANCE. 
(a) CERTIFICATION REQUIREMENT.— 
(1) IN GENERAL.—No person may construct or 
operate a wind project unless the Director has 
issued a certification that the project will be con-
structed and operated in compliance with the stand-
ards promulgated under section 231. 
(2) 
APPLICATION.—Paragraph 
(1) 
shall 
apply— 
(A) in the case of a wind power project 
that began operating before the date of enact-
ment of this Act, beginning at the end of the 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
180-day period beginning on the date the Direc-
tor promulgates regulations under subsection 
(b); and 
(B) in the case of a wind power project 
that has not been constructed before the date of 
enactment of this Act, beginning on such date 
of enactment. 
(b) APPLICATIONS.— 
(1) IN GENERAL.—Within 180 days after the 
date of enactment of this Act, the Director, after 
public notice and opportunity to comment, shall pro-
mulgate regulations that establish procedures for 
issuing certifications under this section. 
(2) CONTENTS.—Such regulations shall— 
(A) include requirements for submitting an 
application for certification under this section, 
including requirements for the contents of such 
applications; 
(B) provide for advance public comment on 
each application for certification and on the 
conditions that should be attached to such a 
certification; and 
(C) require that such applications address 
in detail how the project will be constructed and 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
operated in compliance with all applicable 
standards promulgated under section 231. 
(c) RENEWAL
OF
CERTIFICATION.—Regulations 
under subsection (b) shall— 
(1) require that each certification under this 
section must be renewed at least once every three 
years; 
(2) establish procedures and requirements ap-
plicable to such renewal applications; and 
(3) provide for advance public notice and com-
ment regarding each application for renewal. 
SEC. 233. PENALTIES. 
A person who violates this subtitle or a regulation 
issued under this subtitle is subject to a fine of not more 
than $50,000, or imprisonment of not more than one year, 
or both. 
SEC. 234. RELATIONSHIP TO OTHER STATUTES. 
Nothing in this subtitle affects the application of 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, National Environmental Policy Act of 1969, or 
any other relevant Federal law to wind projects. 
SEC. 235. DEFINITIONS. 
As used in this subtitle: 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service, or a designee of that Director. 
(2) 
INDEPENDENT
SCIENTIST.—The 
term 
‘‘independent scientist’’ mean a scientist who is not 
an employee of, or regular consultant to, the wind 
power industry. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) WIND PROJECT.—The term ‘‘wind project’’ 
means any project in the United States that uses 
wind to generate electric power. 
Subtitle E—Enhancing Energy 
Transmission 
SEC. 241. ENERGY TRANSMISSION SERVICE OFFERED BY 
POWER MARKETING ADMINISTRATIONS. 
The Secretary of Energy shall require each Federal 
Power Marketing Administration providing transmission 
service to offer conditional firm energy transmission serv-
ice, consistent with Federal Energy Regulatory Commis-
sion order 890, through contracts of one or more years 
in duration. 
SEC. 242. POWER MARKETING ADMINISTRATIONS REPORT. 
(a) ANALYSIS.—The Secretary of Energy, acting 
through the Administrators of the Bonneville and Western 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
Area Power Marketing Administrations, shall conduct an 
analysis of the existing capacity of transmission and dis-
tribution systems serving the States of California, Oregon, 
and Washington to accommodate and promote develop-
ment and commercial operation of ocean wave, tidal, and 
current energy projects in State and Federal marine wa-
ters 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 and distribution systems serving the States re-
ferred to in subsection (a) in order to reliably and effi-
ciently accommodate generation from commercial ocean 
wave, tidal, and current energy projects in aggregate, es-
calating amounts equal to 2.5, 5, and 10 percent of the 
current electrical energy consumption in those States. 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
TITLE III—ALTERNATIVE 
ENERGY AND EFFICIENCY 
SEC. 301. STATE OCS ALTERNATIVE ENERGY PLANNING. 
(a) IN GENERAL.—The Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq. is amended by insert-
ing after section 306A the following: 
‘‘OCS
ALTERNATIVE
ENERGY
STATE
SURVEYS; ALTER-
NATIVE ENERGY SITE IDENTIFICATION AND PLAN-
NING 
‘‘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 the Outer Continental Shelf adjacent 
to a State’s coastal zone and coastal state waters to iden-
tify potential areas suitable for the exploration, develop-
ment, and production of alternative energy that are con-
sistent with the enforceable policies of coastal manage-
ment plans approved pursuant to section 306A. 
‘‘(b) SURVEY ELEMENTS.—Surveys developed with 
grants under this section shall include, but not be limited 
to— 
‘‘(1) hydrographic and bathymetric surveys; 
‘‘(2) oceanographic observations and measure-
ments of the physical ocean environment, especially 
seismically active areas; 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
‘‘(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 OCS 
and identification of potential conflicts; 
‘‘(5) inventories and surveys of shore locations 
and infrastructure capable of supporting alternative 
energy development; and 
‘‘(6) other actions as may be necessary. 
‘‘(c) PARTICIPATION.—To the extent practicable, 
coastal states shall provide opportunity for the participa-
tion in surveys under this section by relevant Federal 
agencies, State agencies, local governments, regional orga-
nizations, port authorities, and other interested parties 
and stakeholders, public and private, that is adequate to 
develop a comprehensive survey. 
‘‘(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 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
grant will be used to develop an alternative energy survey 
consistent with the requirements set forth in section 306A 
and 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 ac-
cording to— 
‘‘(A) a 2-to-1 ratio of Federal-to-State con-
tributions for fiscal year 2010; and 
‘‘(B) a 1-to-1 ratio of Federal-to-State 
contributions for fiscal year 2011. 
‘‘(h) SECRETARIAL REVIEW.—After an initial grant 
is made to a coastal state under this section, no subse-
quent grant may be made to that coastal state under this 
section unless the Secretary finds that the coastal state 
is satisfactorily developing its survey. 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
‘‘(i) LIMITATION ON ELIGIBILITY.—No coastal state 
is eligible to receive grants under this section for more 
than 4 fiscal years. 
‘‘(j) APPLICABILITY.—This section and the surveys 
conducted with assistance under this section shall not be 
construed to convey any new authority to any coastal 
state, or repeal or supersede any existing authority of any 
Federal agency, to regulate the siting, licensing, leasing, 
or permitting of alternative energy facilities in areas of 
the Outer Continental Shelf under the administration of 
the Federal Government. Nothing in this section repeals 
or supersedes any existing coastal state authority. 
‘‘(k) PRIORITY.—Any area that is identified as suit-
able for potential alternative energy development under 
surveys developed with assistance under this section shall 
be given priority consideration by Federal agencies for the 
siting, licensing, leasing, or permitting of alternative en-
ergy facilities. 
‘‘(l) ASSISTANCE
BY
THE SECRETARY.—The Sec-
retary shall— 
‘‘(1) under section 307(a) and to the extent 
practicable, make available to coastal states the re-
sources and capabilities of the National Oceanic and 
Atmospheric Administration to provide technical as-
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
sistance to the coastal states to develop surveys 
under this section; and 
‘‘(2) encourage other Federal agencies with rel-
evant expertise to participate in providing technical 
assistance under this subsection.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
318(a) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1464) is amended— 
(1) in paragraph (1) by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (2), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(3) for grants under section 306B such sums 
as are necessary; and’’. 
SEC. 302. CANAL-SIDE POWER PRODUCTION AT BUREAU OF 
RECLAMATION PROJECTS. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of the Interior shall com-
plete an evaluation and report to Congress on the potential 
for developing rights-of-way along Bureau of Reclamation 
canals and infrastructure for solar or wind energy produc-
tion through leasing of lands or other means. The report 
to Congress shall specify— 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
(1) location of potential rights-of-way for en-
ergy production; 
(2) total acreage available for energy produc-
tion; 
(3) existing transmission infrastructure at sites; 
(4) estimates of fair market leasing value of po-
tential energy sites; and 
(5) estimate energy development potential at 
sites. 
SEC. 303. INCREASING ENERGY EFFICIENCIES FOR WATER 
DESALINATION. 
The Water Desalination Act of 1996 (42 U.S.C. 
10301 note; Public Law 104–298) is amended by adding 
at the end the following new section: 
‘‘SEC. 10. RESEARCH ON REVERSE OSMOSIS TECHNOLOGY 
FOR WATER DESALINATION AND WATER RE-
CYCLING. 
‘‘(a) RESEARCH PROGRAM.—The Secretary of the In-
terior, in consultation with the Secretary of Energy, shall 
implement a program to research methods for improving 
the energy efficiency of reverse osmosis technology for 
water desalination and water recycling. 
‘‘(b) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of the 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
Interior shall submit to Congress a report which shall in-
clude— 
‘‘(1) a review of existing and emerging tech-
nologies, both domestic and international, that are 
likely to improve energy efficiency at existing and 
future desalination and recycling facilities; and 
‘‘(2) an analysis of the economic viability of en-
ergy efficiency technologies.’’. 
SEC. 304. GREEN BUILDING LEADERSHIP PROGRAM. 
(a) MAJOR NEW CONSTRUCTION.—All major new fa-
cility construction projects funded in whole or in part 
through the Department of the Interior, the National 
Ocean Service, the National Marine Fisheries Service, or 
the Forest Service shall be designed to meet or exceed 
Leadership in Energy and Environmental Design Green 
Building Rating System Silver Certification Standards. 
(b) EXISTING FACILITIES.—All major facility renova-
tion projects or facility adaptive reuse projects funded in 
whole or in part through the Department of the Interior, 
the National Ocean Service, the National Marine Fisheries 
Service, or the Forest Service shall be designed to meet 
or exceed Leadership in Energy and Environmental De-
sign Existing Building Silver Certification Standards. 
(c) CERTIFICATION.—Certification under the Leader-
ship in Energy and Environmental Design program of fa-
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
cilities described in subsections (a) and (b) is encouraged 
but not required. 
SEC. 305. GREEN CONCESSIONS MANAGEMENT PROGRAM. 
When awarding any concession, whether operated 
under a concession contract, special use permit, or lease, 
the Department of the Interior and the Forest Service 
shall give preference to proposals that are likely to result 
in demonstrable energy savings and the implementation 
of environmentally sustainable practices. 
SEC. 306. FEDERAL HYDROPOWER PRODUCTION FACILI-
TIES INVENTORY AND MAP. 
Not later than one year after the date of the enact-
ment of this Act, the United States Geological Survey and 
the Bureau of Reclamation, in consultation with the Fed-
eral Energy Regulatory Commission, shall inventory and 
map groundwater resources and uses in hydrologic water-
sheds containing Federal hydropower production facilities. 
The inventory shall include the following: 
(1) An analysis of groundwater use in the wa-
tersheds and a description of the source or recharge 
area for the aquifers. 
(2) An analysis of the capacity and volume of 
groundwater resources in the watersheds, including 
an assessment of whether groundwater resources can 
be developed on a sustainable and economically via-
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
ble basis to improve the reliability of surface water 
supplies for hydroelectric power generation. 
(3) Any known reduction of energy generation 
capacity or use from drought or other factors. 
SEC. 307. ESTABLISHING A PILOT PROGRAM FOR THE DE-
VELOPMENT 
OF 
STRATEGIC 
SOLAR 
RE-
SERVES ON FEDERAL LANDS. 
(a) PURPOSE.—To establish a pilot program for the 
development of strategic solar reserve on Federal lands for 
the advancement, development, assessment, and installa-
tion of commercial concentrating solar power energy sys-
tems. 
(b) STRATEGIC SOLAR RESERVE PROGRAM.— 
(1) SITE SELECTION.—The Secretary of the In-
terior, in consultation with the Secretary of Energy, 
the Secretary of Defense, and the Federal Energy 
Regulatory Commission, States, tribal, or local units 
of governments, as appropriate, affected utility in-
dustries, and other interested persons, shall complete 
the following: 
(A) Identify Federal lands under the juris-
diction of the Bureau of Land Management, 
subject to valid existing rights, that are suitable 
and feasible for the installation of concentrating 
solar power energy systems sufficient to create 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS
a solar energy reserve of no less than 4 GW 
and no more than 10 GW. 
(B) Perform any environmental reviews 
that may be required to complete the designa-
tion of such solar reserves. 
(C) Incorporate the designated solar re-
serves into the relevant agency land use and re-
source management plans or equivalent plans. 
(2) MINIMUM
POWER
OF
SITES.—Each site 
identified as suitable and feasible for the installation 
of concentrating solar power systems shall be suffi-
cient for the installation of at least 1 GW. 
(3) LANDS INCLUDED.—The following Federal 
lands shall not be included within a strategic solar 
reserve site: 
(A) Components of the National Land-
scape Conservation System. 
(B) Areas of Critical Environmental Con-
cern. 
(4) IMPLEMENTATION
OF
THE
STRATEGIC 
SOLAR RESERVE.—(A) The Secretary of Energy and 
the Secretary of Interior shall expeditiously imple-
ment a strategic solar reserve program for concen-
trating solar energy to produce no less than 4 GW 
and no more than 10 GW on such Federal lands, 
VerDate Aug 31 2005 
02:25 May 17, 2007
Jkt 059200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H2337.IH
H2337
mstockstill on PROD1PC66 with BILLS