368 
written surface use agreement between the operator 
and the surface owner or owners that meets the re-
quirements of paragraph (2). 
(2) CONTENTS.—The surface use agreement 
shall provide for— 
(A) the use of only such portion of the sur-
face estate as is reasonably necessary for explo-
ration and drilling operations based on site-spe-
cific conditions; 
(B) the accommodation of the surface es-
tate owner to the maximum extent practicable, 
including the location, use, timing, and type of 
exploration and drilling operations, consistent 
with the operator’s right to develop the oil and 
gas estate; 
(C) the reclamation of the site to a condi-
tion capable of supporting the uses which such 
lands were capable of supporting prior to explo-
ration and drilling operations or other uses as 
agreed to by the operator and the surface 
owner; and 
(D) compensation for damages as a result 
of exploration and drilling operations, including 
but not limited to—
369 
(i) loss of income and increased costs 
incurred; 
(ii) damage to or destruction of per-
sonal property, including crops, forage, and 
livestock; and 
(iii) failure to reclaim the site in ac-
cordance with this subparagraph (C). 
(3) PROCEDURE.— 
(A) IN GENERAL.—An operator shall no-
tify the surface estate owner or owners of the 
operator’s desire to conclude an agreement 
under this section. If the surface estate owner 
and the operator do not reach an agreement 
within 90 days after the operator has provided 
such notice, the matter shall be referred to 
third party arbitration for resolution within a 
period of 90 days. The cost of such arbitration 
shall be the responsibility of the operator. 
(B) IDENTIFICATION OF ARBITERS.—The 
Secretary shall identify persons with experience 
in conducting arbitrations and shall make this 
information available to operators and surface 
owners. 
(C) REFERRAL
TO
IDENTIFIED
ARBI-
TER.—Referral of a matter for arbitration by a
370 
person identified by the Secretary pursuant to 
subparagraph (B) shall be sufficient to con-
stitute compliance with subparagraph (A). 
(4) ATTORNEYS FEES.—If action is taken to 
enforce or interpret any of the terms and conditions 
contained in a surface use agreement, the prevailing 
party shall be reimbursed by the other party for rea-
sonable attorneys fees and actual costs incurred, in 
addition to any other relief which a court or arbitra-
tion panel may grant. 
(c) AUTHORIZED EXPLORATION AND DRILLING OP-
ERATIONS.— 
(1) AUTHORIZATION
WITHOUT
SURFACE
USE 
AGREEMENT.—The Secretary may authorize an op-
erator to conduct exploration and drilling operations 
on lands covered by subsection (b) in the absence of 
an agreement with the surface estate owner or own-
ers, if— 
(A) the Secretary makes a determination 
in writing that the operator made a good faith 
attempt to conclude such an agreement, includ-
ing referral of the matter to arbitration pursu-
ant to subsection (b)(3), but that no agreement 
was concluded within 90 days after the referral 
to arbitration;
371 
(B) the operator submits a plan of oper-
ations that provides for the matters specified in 
subsection (b)(2) and for compliance with all 
other applicable requirements of Federal and 
State law; and 
(C) the operator posts a bond or other fi-
nancial assurance in an amount the Secretary 
determines to be adequate to ensure compensa-
tion to the surface estate owner for any dam-
ages to the site, in the form of a surety bond, 
trust fund, letter of credit, government security, 
certificate of deposit, cash, or equivalent. 
(2) SURFACE
OWNER
PARTICIPATION.—The 
Secretary shall provide surface estate owners with 
an opportunity to— 
(A) comment on plans of operations in ad-
vance of a determination of compliance with 
this section; 
(B) participate in bond level determina-
tions and bond release proceedings under this 
subsection; 
(C) attend an on-site inspection during 
such determinations and proceedings; 
(D) file written objections to a proposed 
bond release; and
372 
(E) request and participate in an on-site 
inspection when they have reason to believe 
there is a violation of the terms and conditions 
of a plan of operations. 
(3) PAYMENT OF FINANCIAL GUARANTEE.—A 
surface estate owner with respect to any land subject 
to a lease may petition the Secretary for payment of 
all or any portion of a bond or other financial assur-
ance required under this subsection as compensation 
for any damages as a result of exploration and drill-
ing operations. Pursuant to such a petition, the Sec-
retary may use such bond or other guarantee to pro-
vide compensation to the surface estate owner for 
such damages. 
(4) BOND RELEASE.—Upon request and after 
inspection and opportunity for surface estate owner 
review, the Secretary may release the financial as-
surance required under this subsection if the Sec-
retary determines that exploration and drilling oper-
ations have ended and all damages have been fully 
compensated. 
(d) SURFACE
OWNER
NOTIFICATION.—The Sec-
retary shall— 
(1) notify surface estate owners in writing at 
least 45 days in advance of lease sales;
373 
(2) within ten working days after a lease is 
issued, notify surface estate owners regarding the 
identity of the lessee; 
(3) notify surface estate owners in writing with-
in 10 working days concerning any subsequent deci-
sions regarding a lease, such as modifying or 
waiving stipulations and approving rights-of-way; 
and 
(4) notify surface estate owners within five 
business days after issuance of a drilling permit 
under a lease. 
(e) REGULATIONS.—The Secretary shall issue regula-
tions implementing this section by not later than 1 year 
after the date of the enactment of this Act. 
(f) RELATIONSHIP TO STATE LAW.—Nothing in this 
section preempts applicable State law or regulation relat-
ing to surface owner protection. 
SEC. 7222. ONSHORE OIL AND GAS RECLAMATION AND 
BONDING. 
Section 17 of the Mineral Leasing Act (30 U.S.C. 
226) is amended by adding at the end the following: 
‘‘(q) RECLAMATION REQUIREMENTS.—An operator 
producing oil or gas (including coalbed methane) under 
a lease issued pursuant to this Act shall—
422 
(1) IMPLEMENTATION ON FEDERAL LAND SYS-
TEMS.—To achieve the goals of the national strategy 
and to implement measures for the conservation of 
wildlife and its habitat identified in the national 
strategy— 
(A) the Secretary of the Interior shall exer-
cise the authority of such Secretary under this 
title and other laws within the Secretary’s juris-
diction pertaining to the administration of 
lands; and 
(B) the Secretary of Agriculture shall exer-
cise the authority of such Secretary under this 
title and other laws within the Secretary’s juris-
diction pertaining to the administration of 
lands. 
(2) WILDLIFE CONSERVATION PROGRAMS.—To 
the maximum extent practicable, the Secretary, the 
Secretary of Agriculture, and the Secretary of Com-
merce shall utilize their authorities under other laws 
to achieve the goals of the national strategy. 
(e) LIMITATION ON EFFECT.—Nothing in this sec-
tion creates new authority or expands existing authority 
for the Secretary to regulate the uses of private property. 
SEC. 7455. ADVISORY BOARD. 
(a) SCIENCE ADVISORY BOARD.—
423 
(1) IN GENERAL.—The Secretary shall establish 
and appoint the members of a science advisory board 
comprised of not less than 10 and not more than 20 
members recommended by the President of the Na-
tional Academy of Sciences with expertise in wildlife 
biology, ecology, climate change and other relevant 
disciplines. The director of the National Global 
Warming and Wildlife Science Center established 
under subsection (b) shall be an ex officio member 
of the science advisory board. 
(2) FUNCTIONS.—The science advisory board 
shall— 
(A) provide scientific and technical advice 
and recommendations to the Secretary on the 
impacts of global warming on wildlife and its 
habitat, areas of habitat of particular impor-
tance for the conservation of wildlife popu-
lations affected by global warming, and strate-
gies and mechanisms to assist wildlife popu-
lations and their habitats in adapting to the im-
pacts of global warming in the management of 
Federal lands and in other Federal programs 
for wildlife conservation; 
(B) advise the National Global Warming 
and Wildlife Science Center established under
424 
subsection (b) and review the quality of the re-
search programs of the Center; and 
(C) advise the Secretary regarding the best 
science available for purposes of developing and 
revising the national strategy under section 
7454. 
(3) PUBLIC
AVAILABILITY.—The advice and 
recommendations of the science advisory board shall 
be available to the public. 
(b) NATIONAL GLOBAL WARMING AND WILDLIFE 
SCIENCE CENTER.— 
(1) IN GENERAL.—The Secretary shall establish 
the National Global Warming and Wildlife Science 
Center within the United States Geological Survey. 
(2) FUNCTIONS.—The National Global Warm-
ing and Wildlife Science Center shall— 
(A) conduct scientific research on national 
issues related to the impacts of global warming 
on wildlife and its habitat and mechanisms for 
adaptation to, mitigation of, or prevention of 
such impacts; 
(B) consult with and advise Federal land 
management agencies and Federal wildlife 
agencies regarding the impacts of global warm-
ing on wildlife and its habitat and mechanisms
425 
for adaptation to or mitigation of such impacts, 
and the incorporation of information regarding 
such impacts and the adoption of mechanisms 
for adaptation or mitigation of such impacts in 
the management and planning for Federal 
lands and in the administration of Federal wild-
life programs; and 
(C) consult, and to the maximum extent 
practicable, collaborate with State and local 
agencies, universities, and other public and pri-
vate entities regarding their research, moni-
toring, and other efforts to address the impacts 
of global warming on wildlife and its habitat. 
(3) INTEGRATION WITH OTHER FEDERAL AC-
TIVITIES.—The Secretary, the Secretary of Agri-
culture, and the Secretary of Commerce shall ensure 
that research and other activities carried out pursu-
ant to this section are integrated with climate 
change program research and activities carried out 
pursuant to other Federal law. 
(c) DETECTION OF CHANGES.—The Secretary, the 
Secretary of Agriculture, and the Secretary of Commerce 
shall each exercise authorities under other laws to carry 
out programs to detect changes in wildlife abundance, dis-
426 
tribution, and behavior related to global warming, includ-
ing— 
(1) conducting species inventories on Federal 
lands and in marine areas within the exclusive eco-
nomic zone of the United States; and 
(2) establishing and implementing robust, co-
ordinated monitoring programs. 
SEC. 7456. AUTHORIZATION OF APPROPRIATIONS. 
(a) IMPLEMENTATION OF NATIONAL STRATEGY.—Of 
the amounts appropriated to carry out this subchapter for 
each fiscal year— 
(1) 45 percent are authorized to be made avail-
able to Federal agencies to develop and implement 
the national strategy promulgated under section 
7454 in the administration of the Federal land sys-
tems, of which— 
(A) 35 percent shall be allocated to the 
Department of the Interior to— 
(i) operate the National Global Warm-
ing and Wildlife Science Center established 
under section 7455; and 
(ii) carry out the policy set forth in 
section 7452 and implement the national 
strategy in the administration of the Na-
tional Park System the National Wildlife
427 
Refuge System, and on the Bureau of 
Land Management’s public lands; and 
(B) 10 percent shall be allocated to the 
Department of Agriculture to carry out the pol-
icy set forth in section 7452 and implement the 
national strategy in the administration of the 
National Forest System; 
(2) 25 percent are authorized to be made avail-
able to Federal agencies to carry out the policy set 
forth in section 7452 and to implement the national 
strategy through fish and wildlife programs, other 
than for the operation and maintenance of Federal 
lands, of which— 
(A) 10 percent shall be allocated to the 
Department of the Interior to fund endangered 
species, migratory bird, and other fish and wild-
life programs administered by the United 
States Fish and Wildlife Service, other than op-
erations and maintenance of the national wild-
life refuges; and 
(B) 15 percent shall be allocated to the 
Department of the Interior for implementation 
of cooperative grant programs benefitting wild-
life including the Cooperative Endangered Spe-
cies Fund, Private Stewardship Grants, the
428 
North American Wetlands Conservation Act, 
the Multinational Species Conservation Fund, 
the Neotropical Migratory Bird Conservation 
Fund, and the National Fish Habitat Action 
Plan, and used for activities that assist wildlife 
and its habitat in adapting to the impacts of 
global warming; and 
(3) 30 percent are authorized to be made avail-
able for grants to States and Indian tribes through 
the State and tribal wildlife grants program author-
ized under section 7461, to— 
(A) carry out activities that assist wildlife 
and its habitat in adapting to the impacts of 
global warming in accordance with State com-
prehensive wildlife conservation plans developed 
and approved under that program; and 
(B) revise or supplement existing State 
comprehensive wildlife conservation plans as 
necessary to include specific strategies for as-
sisting wildlife and its habitat in adapting to 
the impacts of global warming. 
(b) AVAILABILITY.— 
(1) IN GENERAL.—Funding is authorized to be 
made available to States and Indian tribes pursuant 
to this section subject to paragraphs (2) and (3).
429 
(2) INITIAL
5-YEAR
PERIOD.—During the 5- 
year period beginning on the effective date of this 
title, a State shall not be eligible to receive such 
funding unless the head of the State’s wildlife agen-
cy has— 
(A) approved, and provided to the Sec-
retary, an explicit strategy to assist wildlife 
populations in adapting to the impacts of global 
warming; and 
(B) incorporated such strategy as a supple-
ment to the State’s comprehensive wildlife con-
servation plan. 
(3) SUBSEQUENT PERIOD.—After such 5-year 
period, a State shall not be eligible to receive such 
funding unless the State has submitted to the Sec-
retary, and the Secretary has approved, a revision to 
its comprehensive wildlife conservation plan that— 
(A) describes the impacts of global warm-
ing on the diversity and health of the State’s 
wildlife populations and their habitat; 
(B) describes and prioritizes proposed con-
servation actions to assist wildlife populations 
in adapting to such impacts;
430 
(C) establishes programs for monitoring 
the impacts of global warming on wildlife popu-
lations and their habitats; and 
(D) establishes methods for assessing the 
effectiveness of conservation actions taken to 
assist wildlife populations in adapting to such 
impacts and for adapting such actions to re-
spond appropriately to new information or 
changing conditions. 
(c) INTENT OF CONGRESS.—It is the intent of Con-
gress that funding provided to Federal agencies and 
States pursuant to this subchapter supplement, and not 
replace, existing sources of funding for wildlife conserva-
tion. 
Subchapter C—State and Tribal Wildlife 
Grants Program 
SEC. 7461. STATE AND TRIBAL WILDLIFE GRANTS PRO-
GRAM. 
(a) AUTHORIZATION OF PROGRAM.—There is author-
ized to be established a State and Tribal Wildlife Grants 
Program to be administered by the Secretary of the Inte-
rior and to provide wildlife conservation grants to States 
and to the District of Columbia, Puerto Rico, Guam, the 
United States Virgin Islands, the Northern Mariana Is-
lands, American Samoa, and federally recognized Indian
431 
tribes for the planning, development, and implementation 
of programs for the benefit of wildlife and their habitat, 
including species that are not hunted or fished. 
(b) ALLOCATION OF FUNDS.— 
(1) IN GENERAL.—Of the amounts made avail-
able to carry out this section for each fiscal year— 
(A) 10 percent shall be for a competitive 
grant program for Indian tribes that are not 
subject to the remaining provisions of this sec-
tion; 
(B) of the amounts remaining after the ap-
plication of subparagraph (A), and after the de-
duction of the Secretary’s administrative ex-
penses to carry out this section— 
(i) not more than one-half of 1 per-
cent shall be allocated to each of the Dis-
trict of Columbia and to the Common 
wealth of Puerto Rico; and 
(ii) not more than one-fourth of 1 per-
cent shall be allocated to each of Guam, 
American Samoa, the United States Virgin 
Islands, and the Commonwealth of the 
Northern Mariana Islands; and
432 
(C) of the amount remaining after the ap-
plication of subparagraphs (B) and (C), the sec-
retary shall apportion among the States— 
(i) one-third based on the ratio that 
the land area of each State bears to the 
total land area of all States; and 
(ii) two-thirds based on the ratio that 
the population of each State bears to the 
total population of all States. 
(2) ADJUSTMENTS.—The amounts apportioned 
under subparagraph (C) of paragraph (1) for a fis-
cal year shall be adjusted equitably so that no State 
is apportioned under such subparagraph a sum that 
is— 
(A) less than 1 percent of the amount 
available for apportionment under that subpara-
graph that fiscal year; or 
(B) more than 5 percent of such amount. 
(c) COST SHARING.— 
(1) PLAN DEVELOPMENT GRANTS.—The Fed-
eral share of the costs of developing or revising a 
comprehensive wildlife conservation plan shall not 
exceed 75 percent of the total costs of developing or 
revising such plan.
433 
(2) PLAN
IMPLEMENTATION
GRANTS.—The 
Federal share of the costs of implementing an activ-
ity in an approved comprehensive wildlife conserva-
tion plan carried out with a grant under this section 
shall not exceed 50 percent of the total costs of such 
activities. 
(3) 
PROHIBITION
ON
USE
OF
FEDERAL 
FUNDS.—The non-Federal share of costs of an activ-
ity carried out under this section shall not be paid 
with amounts derived from any Federal grant pro-
gram. 
(d) REQUIREMENT FOR PLAN.— 
(1) IN GENERAL.—No State, territory, or other 
jurisdiction shall be eligible for a grant under this 
section unless it submits to the Secretary a com-
prehensive wildlife conservation plan that— 
(A) complies with paragraph (2); and 
(B) considers the broad range of the State, 
territory, or other jurisdiction’s wildlife and as-
sociated habitats, with appropriate priority 
placed on those species with the greatest con-
servation need and taking into consideration the 
relative level of funding available for the con-
servation of those species.
510 
SEC. 8452. DEFINITIONS. 
Section 2(a) (33 U.S.C. 1901(a)) is amended— 
(1) by redesignating paragraphs (1) through 
(12) as paragraphs (2) through (13), respectively; 
(2) by inserting before paragraph (2) (as so re-
designated) the following: 
‘‘(1) ‘Administrator’ means the Administrator 
of the Environmental Protection Agency.’’; 
(3) in paragraph (5) (as so redesignated) by 
striking ‘‘and V’’ and inserting ‘‘V, and VI’’; 
(4) in paragraph (6) (as so redesignated) by 
striking ‘‘ ‘discharge’ and ‘garbage’ and ‘harmful 
substance’ and ‘incident’ ’’ and inserting ‘‘ ‘dis-
charge’, ‘emission’, ‘garbage’, ‘harmful substance’, 
and ‘incident’ ’’; and 
(5) by redesignating paragraphs (7) through 
(13) (as redesignated) as paragraphs (8) through 
(14), respectively, and inserting after paragraph (6) 
(as redesignated) the following: 
‘‘(7) ‘navigable waters’ includes the territorial 
sea of the United States (as defined in Presidential 
Proclamation 5928 of December 27, 1988) and the 
internal waters of the United States;’’. 
SEC. 8453. APPLICABILITY. 
Section 3 (33 U.S.C. 1902) is amended— 
(1) in subsection (a)—
511 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) with respect to Annex VI to the Conven-
tion, and other than with respect to a ship referred 
to in paragraph (1)— 
‘‘(A) to a ship that is in a port, shipyard, 
offshore terminal, or the internal waters of the 
United States; 
‘‘(B) to a ship that is bound for, or depart-
ing from, a port, shipyard, offshore terminal, or 
the internal waters of the United States, and is 
in— 
‘‘(i) the navigable waters of the 
United States; 
‘‘(ii) an emission control area des-
ignated pursuant to section 4; or 
‘‘(iii) any other area that the Admin-
istrator, in consultation with the Secretary 
and each State that is adjacent to any part 
of the proposed area, has designated by 
order as being an area from which emis-
sions from ships are of concern with re-
512 
spect to protection of public health, wel-
fare, or the environment; 
‘‘(C) to a ship that is entitled to fly the 
flag of, or operating under the authority of, a 
party to Annex VI, and is in— 
‘‘(i) the navigable waters of the 
United States; 
‘‘(ii) an emission control area des-
ignated under section 4; or 
‘‘(iii) any other area that the Admin-
istrator, in consultation with the Secretary 
and each State that is adjacent to any part 
of the proposed area, has designated by 
order as being an area from which emis-
sions from ships are of concern with re-
spect to protection of public health, wel-
fare, or the environment; and 
‘‘(D) to the extent consistent with inter-
national law, to any other ship that is in— 
‘‘(i) the exclusive economic zone of the 
United States; 
‘‘(ii) the navigable waters of the 
United States; 
‘‘(iii) an emission control area des-
ignated under section 4; or
513 
‘‘(iv) any other area that the Adminis-
trator, in consultation with the Secretary 
and each State in which any part of the 
area is located, has designated by order as 
being an area from which emissions from 
ships are of concern with respect to protec-
tion of public health, welfare, or the envi-
ronment.’’; 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) and 
(3)’’; and 
(B) by adding at the end the following: 
‘‘(3) With respect to Annex VI the Administrator, or 
the Secretary, as relevant to their authorities pursuant to 
this Act, may determine that some or all of the require-
ments under this Act shall apply to one or more classes 
of public vessels, except that such a determination by the 
Administrator shall have no effect unless the head of the 
Department or agency under which the vessels operate 
concurs in the determination. This paragraph does not 
apply during time of war or during a declared national 
emergency.’’; 
(3) by redesignating subsections (c) through (g) 
as subsections (d) through (h), respectively;