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eral share of a project under paragraph (4) shall not 
exceed 50 percent. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary for carrying out this 
section, other than subsection (c)(3) and (4)— 
‘‘(A) $100,000,000 for fiscal year 2008; 
‘‘(B) $100,000,000 for fiscal year 2009; 
‘‘(C) $100,000,000 for fiscal year 2010; 
and 
‘‘(D) $100,000,000 for fiscal year 2011. 
‘‘(2) SEQUESTRATION.—There are authorized 
to be appropriated to the Secretary for carrying out 
subsection (c)(3)— 
‘‘(A) $140,000,000 for fiscal year 2008; 
‘‘(B) $140,000,000 for fiscal year 2009; 
‘‘(C) $140,000,000 for fiscal year 2010; 
and 
‘‘(D) $140,000,000 for fiscal year 2011. 
‘‘(3) CARBON CAPTURE.—There are authorized 
to be appropriated to the Secretary for carrying out 
subsection (c)(4)— 
‘‘(A) $180,000,000 for fiscal year 2009; 
‘‘(B) $180,000,000 for fiscal year 2010; 
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‘‘(C) $180,000,000 for fiscal year 2011; 
and 
‘‘(D) $180,000,000 for fiscal year 2012.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The item 
relating to section 963 in the table of contents for the En-
ergy Policy Act of 2005 is amended to read as follows: 
‘‘Sec. 963. Carbon capture and storage research, development, and demonstra-
tion program.’’. 
SEC. 4503. REVIEW OF LARGE-SCALE PROGRAMS. 
The Secretary of Energy shall enter into an arrange-
ment with the National Academy of Sciences for an inde-
pendent review and oversight, beginning in 2011, of the 
programs under section 963(c)(3) and (4) of the Energy 
Policy Act of 2005, as added by section 4502 of this sub-
title, to ensure that the benefits of such programs are 
maximized. Not later than January 1, 2012, the Secretary 
shall transmit to the Congress a report on the results of 
such review and oversight. 
SEC. 4504. SAFETY RESEARCH. 
(a) PROGRAM.—The Assistant Administrator for Re-
search and Development of the Environmental Protection 
Agency shall conduct a research program to determine 
procedures necessary to protect public health, safety, and 
the environment from impacts that may be associated with 
capture, injection, and sequestration of greenhouse gases 
in subterranean reservoirs. 
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(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for carrying out this sec-
tion $5,000,000 for each fiscal year. 
SEC. 4505. GEOLOGICAL SEQUESTRATION TRAINING AND 
RESEARCH. 
(a) STUDY.— 
(1) IN
GENERAL.—The Secretary of Energy 
shall enter into an arrangement with the National 
Academy of Sciences to undertake a study that— 
(A) defines an interdisciplinary program in 
geology, engineering, hydrology, environmental 
science, and related disciplines that will support 
the Nation’s capability to capture and sequester 
carbon dioxide from anthropogenic sources; 
(B) addresses undergraduate and graduate 
education, especially to help develop graduate 
level programs of research and instruction that 
lead to advanced degrees with emphasis on geo-
logical sequestration science; 
(C) develops guidelines for proposals from 
colleges and universities with substantial capa-
bilities in the required disciplines that wish to 
implement geological sequestration science pro-
grams that advance the Nation’s capacity to ad-
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dress carbon management through geological 
sequestration science; and 
(D) outlines a budget and recommenda-
tions for how much funding will be necessary to 
establish and carry out the grant program 
under subsection (b). 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of En-
ergy shall transmit to the Congress a copy of the re-
sults of the study provided by the National Academy 
of Sciences under paragraph (1). 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary for carrying out this subsection $1,000,000 
for fiscal year 2008. 
(b) GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary of En-
ergy, through the National Energy Technology Lab-
oratory, shall establish a competitive grant program 
through which colleges and universities may apply 
for and receive 4-year grants for— 
(A) salary and startup costs for newly des-
ignated faculty positions in an integrated geo-
logical carbon sequestration science program; 
and 
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(B) internships for graduate students in 
geological sequestration science. 
(2) RENEWAL.—Grants under this subsection 
shall be renewable for up to 2 additional 3-year 
terms, based on performance criteria, established by 
the National Academy of Sciences study conducted 
under subsection (a), that include the number of 
graduates of such programs. 
(3) INTERFACE WITH REGIONAL GEOLOGICAL 
CARBON
SEQUESTRATION
PARTNERSHIPS.—To the 
greatest extent possible, geological carbon sequestra-
tion science programs supported under this sub-
section shall interface with the research of the Re-
gional Carbon Sequestration Partnerships operated 
by the Department of Energy to provide internships 
and practical training in carbon capture and geologi-
cal sequestration. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary for carrying out this subsection such sums as 
may be necessary. 
SEC. 4506. UNIVERSITY BASED RESEARCH AND DEVELOP-
MENT GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Energy, in 
consultation with other appropriate agencies, shall estab-
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of enactment of this Act. Revised Plans shall be submitted 
to the Congress at least once every 5 years thereafter. In 
the development of each Plan, the President shall conduct 
a formal assessment process under this section to deter-
mine the needs of appropriate Federal, State, regional, 
and local authorities and other interested parties regard-
ing the types of information needed by them in developing 
policies to reduce society’s vulnerability to global change 
and shall utilize these assessments, including the reviews 
by the National Academy of Sciences and the National 
Governors Association under subsections (e) and (f), in 
developing the Plan. 
(b) CONTENTS OF THE PLAN.—The Plan shall— 
(1) establish, for the 10-year period beginning 
in the year the Plan is submitted, the goals and pri-
orities for Federal global change research which 
most effectively advance scientific understanding of 
global change and provide information of use to 
Federal, State, regional, and local authorities in the 
development of policies relating to global change; 
(2) describe specific activities, including efforts 
to determine user information needs, research activi-
ties, data collection, database development, and data 
analysis requirements, development of regional sce-
narios, assessment of model predictability, assess-
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ment of climate change impacts, participation in 
international research efforts, and information man-
agement, required to achieve such goals and prior-
ities; 
(3) identify relevant programs and activities of 
the Federal agencies that contribute to the Program 
directly and indirectly; 
(4) set forth the role of each Federal agency in 
implementing the Plan; 
(5) consider and utilize, as appropriate, reports 
and studies conducted by Federal agencies, the Na-
tional Research Council, or other entities; 
(6) make recommendations for the coordination 
of the global change research and assessment activi-
ties of the United States with such activities of other 
nations and international organizations, including— 
(A) a description of the extent and nature 
of international cooperative activities; 
(B) bilateral and multilateral efforts to 
provide worldwide access to scientific data and 
information; and 
(C) improving participation by developing 
nations in international global change research 
and environmental data collection; 
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(7) detail budget requirements for Federal glob-
al change research and assessment activities to be 
conducted under the Plan; 
(8) catalog the type of information identified by 
appropriate Federal, State, regional, and local deci-
sionmakers needed to develop policies to reduce soci-
ety’s vulnerability to global change and indicate how 
the planned research will meet these decisionmakers’ 
information needs; 
(9) identify the observing systems currently em-
ployed in collecting data relevant to global and re-
gional climate change research and prioritize addi-
tional observation systems that may be needed to en-
sure adequate data collection and monitoring of 
global change; 
(10) describe specific activities designed to fa-
cilitate outreach and data and information exchange 
with regional, State, and local governments and 
other user communities; and 
(11) identify and describe regions of the United 
States that are likely to experience similar impacts 
of global change or are likely to share similar 
vulnerabilities to global change. 
(c) RESEARCH ELEMENTS.—The Plan shall include 
at a minimum the following research elements: 
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(1) Global measurements, establishing world-
wide to regional scale observations prioritized to un-
derstand global change and to meet the information 
needs of decisionmakers on all relevant spatial and 
time scales. 
(2) Information on economic, demographic, and 
technological trends that contribute to changes in 
the Earth system and that influence society’s vulner-
ability to global and regional climate change. 
(3) Development of indicators and baseline 
databases to document global change, including 
changes in species distribution and behavior, extent 
of glaciations, and changes in sea level. 
(4) Studies of historical changes in the Earth 
system, using evidence from the geological and fossil 
record. 
(5) Assessments of predictability using quan-
titative models of the Earth system to simulate glob-
al and regional environmental processes and trends. 
(6) Focused research initiatives to understand 
the nature of and interaction among physical, chem-
ical, biological, land use, and social processes related 
to global and regional climate change. 
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(7) Focused research initiatives to determine 
and then meet the information needs of appropriate 
Federal, State, and regional decisionmakers. 
(d) INFORMATION MANAGEMENT.—The Plan shall 
incorporate, to the extent practicable, the recommenda-
tions relating to data acquisition, management, integra-
tion, and archiving made by the interagency climate and 
other global change data management working group es-
tablished under section 4633. 
(e) NATIONAL ACADEMY
OF SCIENCES EVALUA-
TION.—The President shall enter into an agreement with 
the National Academy of Sciences under which the Acad-
emy shall— 
(1) evaluate the scientific content of the Plan; 
and 
(2) recommend priorities for future global and 
regional climate change research and assessment. 
(f) NATIONAL GOVERNORS ASSOCIATION EVALUA-
TION.—The President shall enter into an agreement with 
the National Governors Association Center for Best Prac-
tices under which that Center shall— 
(1) evaluate the utility to State, local, and re-
gional decisionmakers of each Plan and of the antici-
pated and actual information outputs of the Pro-
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(3) the quantity of emissions of greenhouse 
gases associated with the work performed for the 
agency by Federal contractors, comprising direct 
emissions and indirect emissions associated with 
electricity used by, and commercial air travel by, 
such contractors. 
(b) GUIDANCE; ASSISTANCE.—Not later than 3 
months after the date of the enactment of this Act, the 
Administrator shall issue guidance for agencies for con-
ducting inventories under this section and reporting under 
section 6102. Such guidance shall establish inventory and 
reporting procedures that are at least as rigorous as the 
inventory procedures established under the Environmental 
Protection Agency’s Climate Leaders program and shall 
define the scope of the inventories of direct emissions de-
scribed in subsection (a)(1) to be complete and consistent 
with the national obligation for reporting inventories 
under the United Nations Framework Convention on Cli-
mate Change. The Administrator shall provide assistance 
to agencies in preparing their inventories. 
(c) INITIAL INVENTORY BY AGENCIES.— 
(1) SUBMISSION.—Not later than 1 year after 
the date of the enactment of this Act, each agency 
shall submit to the Administrator and make publicly 
available on the agency’s website an initial inventory 
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of the agency’s greenhouse gas emissions for the 
preceding fiscal year. 
(2) CERTIFICATION.—Not later than 6 months 
after an agency submits an initial inventory under 
paragraph (1), the Administrator shall review the in-
ventory for compliance with the guidance issued 
under subsection (b) and— 
(A) certify that the inventory is technically 
valid; or 
(B) decline to certify the inventory and 
provide an explanation of the actions or revi-
sions that are necessary for the inventory to be 
certified under subparagraph (A). 
(3) REVISION.—If the Administrator declines to 
certify the inventory of an agency under paragraph 
(2)(B), the agency shall submit to the Administrator 
and make publicly available on the agency’s website 
a revised inventory not later than 6 months after the 
date on which the Administrator provides the agency 
with the explanation required by such paragraph. 
(d) NET
GREENHOUSE
GASES
FROM
FEDERAL 
LANDS.—Beginning not later than 2 years after the date 
of enactment of this Act, the Secretary of the Interior and 
the Secretary of Agriculture shall include as a discrete cat-
egory in any inventory under this section the net biological 
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sequestration or emission of greenhouse gases related to 
human activities and associated with land managed by the 
Bureau of Land Management or the Forest Service. In 
developing such estimates of the net biological sequestra-
tion or emission of greenhouse gases, the Secretary of the 
Interior and the Secretary of Agriculture shall take into 
consideration the results of any available related assess-
ments performed by the Secretary of the Interior. Such 
net biological sequestration or emissions of greenhouse 
gases shall not be considered for the purposes of setting 
or measuring progress toward targets under section 6102. 
For the purposes of this subsection, the net biological se-
questration or emission of greenhouse gases refers to the 
net sequestration or emissions associated with uptake and 
release of greenhouse gases from soil, vegetation, and dead 
organic matter. 
SEC. 6102. MANAGEMENT OF FEDERAL GOVERNMENT 
GREENHOUSE GAS EMISSIONS. 
(a) EMISSION REDUCTION TARGETS.—Not later than 
18 months after the date of the enactment of this Act, 
the Administrator shall promulgate annual reduction tar-
gets for the total quantity of greenhouse gas emissions de-
scribed in section 6101(a), expressed as carbon dioxide 
equivalents, of all agencies, taken collectively, for each of 
fiscal years 2010 through 2050. 
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(b) GOALS.—The targets promulgated under sub-
section (a) shall be calculated so as— 
(1) to prevent the total quantity of greenhouse 
gas emissions of all agencies in fiscal year 2011 and 
each subsequent fiscal year from exceeding the total 
quantity of such emissions in fiscal year 2010; and 
(2) to reduce such greenhouse gas emissions as 
rapidly as possible, but at a minimum by a quantity 
equal to 2 percent of projected fiscal year 2010 
emissions each fiscal year, so as to achieve zero net 
annual greenhouse gas emissions from the agencies 
by fiscal year 2050. 
(c) PROPORTIONATE SHARE.—Each agency shall 
limit the quantity of its greenhouse gas emissions de-
scribed in section 6101(a) to its proportionate share so 
as to enable the agencies to achieve the targets promul-
gated under subsection (a). The Administrator shall pro-
mulgate annual reduction targets to be met by each agen-
cy to comply with this subsection, after consultation with 
the agencies and taking into account changes in agency 
size, structure, and mission over time. 
(d) AGENCY PLANS FOR MANAGING EMISSIONS.— 
(1) SUBMISSION.—Not later than 2 years after 
the date of the enactment of this Act, each agency 
shall develop, submit to the Administrator, and 
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make publicly available on the agency’s website a 
plan for achieving the annual reduction targets ap-
plicable to such agency under this section through 
fiscal year 2020. Not later than 2 years before the 
10-year period beginning in 2021 and each subse-
quent 10-year period, the agency shall develop, sub-
mit to the Administrator, and make publicly avail-
able an updated plan for achieving such targets for 
the respective period. Each plan developed under 
this paragraph shall— 
(A) identify the specific actions to be taken 
by the agency; and 
(B) estimate the quantity of reductions of 
greenhouse gas emissions to be achieved 
through each such action. 
(2) CERTIFICATION.—Not later than 6 months 
after an agency submits a plan under paragraph (1), 
the Administrator shall— 
(A) certify that the plan is technically 
sound and, if implemented, is expected to limit 
the quantity of the agency’s greenhouse gas 
emissions to its proportionate share under sub-
section (c); or 
(B) decline to certify the plan and provide 
an explanation of the revisions that are nec-
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essary for the plan to be certified under sub-
paragraph (A). 
(3) REVISION.—If the Administrator declines to 
certify the plan of an agency under paragraph (2), 
the agency shall submit to the Administrator and 
make publicly available on the agency’s website a re-
vised plan not later than 6 months after the date on 
which the Administrator provides the agency with 
the explanation required by paragraph (2)(B). 
(e) EMISSIONS MANAGEMENT.— 
(1) REQUIREMENT.—Each agency shall imple-
ment each provision in its plan under subsection (d) 
to manage its greenhouse gas emissions to meet the 
annual reduction targets applicable to such agency 
under this section. If— 
(A) an agency has met its applicable re-
duction target for the most recent year; and 
(B) the agency demonstrates that it is pro-
jected to meet such targets for future years 
without implementing a provision or provisions 
included in its plan, 
the agency may revise its plan, subject to subsection 
(d)(2), to defer implementation of such plan provi-
sions until the date that implementation is needed to 
meet the agency’s applicable targets. 
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eral support for research and other activities to 
achieve that result. 
‘‘(3) CONTENTS.—The strategy shall include 
plans and programs for obtaining information re-
quired for determining the optimal methods, loca-
tions, amount, and timeframe for potential develop-
ment on Federal lands within the Green River For-
mation. The strategy shall also include plans for 
conducting critical environmental and ecological re-
search, high-payoff process improvement research, 
an assessment of carbon management options, and a 
large-scale demonstration of carbon dioxide seques-
tration in the general vicinity of the Piceance Basin. 
‘‘(f) ALTERNATIVE APPROACHES.—In developing the 
strategy under subsection (e), the Secretary shall, in co-
operation with the Secretary of Energy and the Adminis-
trator of the Environmental Protection Agency, consult 
with industry and other interested persons regarding al-
ternative approaches to providing access to Federal lands 
for early first-of-a-kind commercial facilities for extracting 
and processing oil shale and tar sands.’’; 
(8) in subsection (g), as so redesignated, by 
striking ‘‘of the final regulation required by sub-
section (d)’’ and inserting ‘‘of final regulations 
issued under this section’’; 
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(9) in subsection (g), as so redesignated, by 
adding at the end the following: ‘‘Compliance with 
the National Environmental Policy Act of 1969 is 
required on a site-by-site basis for all lands proposed 
to be leased under the commercial leasing program 
established in this subsection.’’; and 
(10) in subsection (i)(1)(B), as so redesignated, 
by striking ‘‘subsection (e)’’ and inserting ‘‘sub-
section (g)’’. 
SEC. 7104. LIMITATION OF REBUTTABLE PRESUMPTION RE-
GARDING APPLICATION OF CATEGORICAL 
EXCLUSION UNDER NEPA FOR OIL AND GAS 
EXPLORATION AND DEVELOPMENT ACTIVI-
TIES. 
Section 390 of the Energy Policy Act of 2005 (Public 
Law 109–58; 42 U.S.C. 15942) is amended by adding at 
the end the following: 
‘‘(c) ADHERENCE TO CEQ REGULATIONS.—In ad-
ministering this section, the Secretary of the Interior in 
managing the public lands, and the Secretary of Agri-
culture in managing National Forest System lands, shall 
adhere to the regulations issued by the Council on Envi-
ronmental Quality relating to categorical exclusions (40 
CFR 1507.3 and 1508.4), as in effect on the date of en-
actment of this Act.’’. 
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SEC. 7105. BEST MANAGEMENT PRACTICES. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of the Interior, through the Bu-
reau of Land Management, shall amend the best manage-
ment practices guidelines for oil and gas development on 
Federal lands, to— 
(1) require public review and comment prior to 
waiving any stipulation of an oil and gas lease for 
such lands, except in the case of an emergency; and 
(2) create an incentive for oil and gas operators 
to adopt best management practices that minimize 
adverse impacts to wildlife habitat, by providing ex-
pedited permit review for any operator that commits 
to adhering to those practices without seeking waiver 
of such stipulations. 
SEC. 7106. FEDERAL CONSISTENCY APPEALS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Federal Consistency Appeals Decision Refinement Act’’. 
(b) CLARIFICATION OF APPEAL DECISION TIME PE-
RIODS
AND
INFORMATION
REQUIREMENTS.—Section 
319(b) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1465(b)) is amended— 
(1) in paragraph (1), by striking ‘‘160-day’’ 
and inserting ‘‘200-day’’; 
(2) in paragraph (3)(A)— 
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(A) by striking ‘‘160-day’’ and inserting 
‘‘200-day’’; and 
(B) by amending clause (ii) to read as fol-
lows: 
‘‘(ii) as the Secretary determines nec-
essary to receive, on an expedited basis, 
any supplemental or clarifying information 
relevant to the consolidated record com-
piled by the lead Federal permitting agen-
cy to complete a consistency review under 
this title.’’; and 
(3) in paragraph (3)(B) by striking ‘‘160-day’’ 
and inserting ‘‘200-day’’. 
Subtitle B—Federal Energy Public 
Accountability, 
Integrity, 
and 
Public Interest 
CHAPTER 1—ACCOUNTABILITY AND IN-
TEGRITY IN THE FEDERAL ENERGY 
PROGRAM 
SEC. 7201. AUDITS. 
(a) REQUIREMENT TO INCREASE THE NUMBER OF 
AUDITS.—The Secretary of the Interior shall ensure that 
by fiscal year 2009 the Minerals Management Service 
shall perform no less that 550 audits of oil and gas leases 
each fiscal year. 
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(b) STANDARDS.—Not later than 120 days after the 
date of enactment of this Act, the Secretary of the Interior 
shall issue regulations that require that all employees that 
conduct audits or compliance reviews must meet profes-
sional auditor qualifications that are consistent with the 
latest revision of the Government Auditing Standards pub-
lished by the Government Accountability Office. Such reg-
ulations shall also ensure that all audits conducted by the 
Department of the Interior are performed in accordance 
with such standards. 
SEC. 7202. FINES AND PENALTIES. 
(a) SANCTIONS FOR VIOLATIONS RELATING TO FED-
ERAL OIL AND GAS ROYALTIES.—Section 109 of the Fed-
eral Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1719) is amended to read as follows: 
‘‘CIVIL PENALTIES 
‘‘SEC. 109. (a) ROYALTY VIOLATIONS.—(1) No per-
son shall— 
‘‘(A) after due notice of violation or after such 
violation has been reported under paragraph (3)(A), 
fail or refuse to comply with any requirement of any 
mineral leasing law or any regulation, order, lease, 
or permit under such a law; 
‘‘(B) fail or refuse to make any royalty pay-
ment in the amount or value required by any min-
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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-
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 
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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 
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-
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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; 
‘‘(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; 
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‘‘(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. 
‘‘(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.— 
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‘‘(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 
‘‘(B) a 1-to-1 ratio of Federal-to-State 
contributions for fiscal year 2011. 
‘‘(3) LIMITATION.—The Secretary shall not re-
quire any matching funds for surveys of Federal wa-
ters adjacent to a State’s coastal zone. 
‘‘(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. 
‘‘(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 
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emphasis on improving energy efficiency, developing 
thermal applications and distributed heat, biofuels, 
and achieving cleaner emissions including through 
combustion with other fuels, as well as other value- 
added uses. 
‘‘(d) BIOMASS SUPPLY STUDY.—Prior to the develop-
ment of any biomass utilization pilot projects, the Sec-
retary concerned shall develop a study to determine the 
long-term, ecologically sustainable, biomass supply avail-
able in the pilot program area. The study shall incorporate 
results form coordinated resource offering protocol 
(CROP) studies. The study shall also analyze the long- 
term availability of biomass materials within a reasonable 
transportation distance. The biomass supply studies shall 
be developed through a collaborative approach, as evi-
denced by the broad involvement, analysis, and agreement 
of interested persons, including local governments, energy 
developers, conservationists, and land management agen-
cies. The Secretary concerned may direct a resource advi-
sory committee established under section 205 of the Se-
cure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 500 note; Public Law 106–393), 
and reauthorized by the amendments made by Public Law 
110–28, to carry out the requirements of this subsection. 
The results of the biomass supply study shall be a basis 
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for determining the project scale, as outlined in subsection 
(g). 
‘‘(e) EXCLUSION OF CERTAIN FEDERAL LAND.—The 
following Federal lands may not be included within a pilot 
project site: 
‘‘(1) Federal land containing old-growth forest 
or late-successional forest, unless the Secretary con-
cerned determines that the pilot project on such land 
is appropriate for the applicable forest type and 
maximizes and enhances the retention of late-succes-
sional and large- and old-growth trees, late-succes-
sional and old-growth forest structure, and late-suc-
cessional and old-growth forest composition. 
‘‘(2) Federal land on which the removal of vege-
tation is prohibited, including components of the Na-
tional Wilderness Preservation System. 
‘‘(3) Wilderness Study Areas. 
‘‘(4) Inventoried roadless areas. 
‘‘(5) Components of the National Landscape 
Conservation System. 
‘‘(6) National Monuments. 
‘‘(f) MULTIPLE PROJECTS.—In conducting the pilot 
program, the Secretary concerned shall include a variety 
of projects involving— 
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‘‘(1) innovations in facilities of various sizes 
and processing techniques; and 
‘‘(2) the full spectrum of woody biomass pro-
ducing regions of the United States. 
‘‘(g) SELECTION CRITERIA AND PROJECT SCALE.— 
In selecting the projects to be conducted under the pilot 
program, and the appropriate scale of projects, the Sec-
retary concerned shall consider criteria that evaluate exist-
ing economic, ecological, and social conditions, focusing on 
opportunities such as workforce training, job creation, eco-
system health, reducing energy costs, and facilitating the 
production of alternative energy fuels. The agreement on 
the scale of a project shall be reached through a collabo-
rative approach, as evidenced by the broad involvement, 
analysis, and agreement of interested persons, including 
local governments, energy developers, conservationists, 
and land management agencies. In selecting the appro-
priate scale of projects to be conducted under the pilot 
program, the Secretary concerned shall also consider the 
results of the supply study as outlined in subsection (d). 
‘‘(h) MONITORING
AND
REPORTING
REQUIRE-
MENTS.—As part of the pilot program, the Secretary con-
cerned shall impose monitoring and reporting require-
ments to ensure that the ecological, social, and economic 
effects of the projects conducted under the pilot program 
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are being monitored and that the accomplishments, chal-
lenges, and lessons of each project are recorded and re-
ported. 
‘‘(i) OTHER DEFINITIONS.—In this section: 
‘‘(1) HIGHEST
AND
BEST
USE.—The term 
‘highest and best use’, with regard to biomass, 
means— 
‘‘(A) creating from raw materials those 
products and those biomass uses that will 
achieve the highest market value; and 
‘‘(B) yielding a wide range of existing and 
innovative products and biomass uses that cre-
ate new markets, stimulate existing ones, and 
improve rural economies, maintains or improves 
ecosystem integrity, while also supporting tradi-
tional biomass energy generation. 
‘‘(2) PILOT
PROGRAM.—The term ‘pilot pro-
gram’ means the Biomass Utilization Pilot Program 
established pursuant to this section. 
‘‘(3) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means the Secretary of Agri-
culture, with respect to National Forest System 
lands, and the Secretary of the Interior, with respect 
to public lands administered by the Secretary of the 
Interior. 
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‘‘(4) 
COMMUNITY
WILDFIRE
PROTECTION 
PLAN.—The term ‘community wildfire protection 
plan’ has the meaning given that term in section 
101(3) of the Healthy Forest Restoration Act of 
2003 (16 U.S.C. 6511(3)), which is further de-
scribed by the Western Governors Association in the 
document entitled ‘Preparing a Community Wildfire 
Protection Plan: A Handbook for Wildland-Interface 
Communities’ and dated March 2004. 
‘‘(5) FEDERAL LAND.—The term ‘Federal land’ 
means— 
‘‘(A) land of the National Forest System 
(as defined in section 11(a) of the Forest and 
Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1609(a)) administered by 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service; and 
‘‘(B) public lands (as defined in section 
103 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702)), the sur-
face of which is administered by the Secretary 
of the Interior, acting through the Director of 
the Bureau of Land Management. 
‘‘(6) 
INVENTORIED
ROADLESS
AREA.—The 
term ‘Inventoried roadless area’ means one of the 
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