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HR 2337 IH
110th CONGRESS
1st Session
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H. R. 2337
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To promote energy policy reforms and public accountability, alternative
energy and efficiency, and carbon capture and climate change mitigation,
and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
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May 16, 2007
Mr. RAHALL introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Agriculture and Science and Technology, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
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A BILL
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To promote energy policy reforms and public accountability, alternative
energy and efficiency, and carbon capture and climate change mitigation,
and for other purposes.
/ Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,/
SECTION 1. SHORT TITLE.
This Act may be cited as the `Energy Policy Reform and
Revitalization Act of 2007'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--ENERGY POLICY ACT OF 2005 REFORMS
Sec. 101. Cost Recovery.
Sec. 102. Repeal of deadline for consideration of
applications for permits.
Sec. 103. Energy rights-of-way corridors on Federal land.
Sec. 104. Oil shale and tar sands leasing.
Sec. 105. Repeal of rebuttable presumption regarding
application of categorical exclusion under NEPA for oil and
gas exploration and development activities.
Sec. 106. Best management practices.
Sec. 107. Federal consistency appeals.
TITLE II--FEDERAL ENERGY PUBLIC ACCOUNTABILITY, INTEGRITY, AND
PUBLIC INTEREST
Subtitle A--Accountability and Integrity in the Federal Energy Program
Sec. 201. Limitations on royalty in-kind.
Sec. 202. Audits.
Sec. 203. Fines and penalties.
Subtitle B--Amendments to Federal Oil and Gas Royalty Management
Act of 1982
Sec. 211. Amendments to definitions.
Sec. 212. Interest.
Sec. 213. Obligation period.
Sec. 214. Tolling agreements and subpoenas.
Sec. 215. Liability for royalty payments.
Subtitle C--Public Interest in the Federal Energy Program
Sec. 221. Surface owner protection.
Sec. 222. Onshore oil and gas reclamation and bonding.
Sec. 223. Protection of water resources.
Sec. 224. Due diligence fee.
Subtitle D--Ensuring Safety of Wildlife With Respect to Wind Energy
Sec. 231. Standards and requirements.
Sec. 232. Certification of compliance.
Sec. 233. Penalties.
Sec. 234. Relationship to other statutes.
Sec. 235. Definitions.
Subtitle E--Enhancing Energy Transmission
Sec. 241. Energy transmission service offered by Power
Marketing Administrations.
Sec. 242. Power Marketing Administrations report.
TITLE III--ALTERNATIVE ENERGY AND EFFICIENCY
Sec. 301. State OCS alternative energy planning.
Sec. 302. Canal-side power production at Bureau of
Reclamation projects.
Sec. 303. Increasing energy efficiencies for water desalination.
Sec. 304. Green building leadership program.
Sec. 305. Green concessions management program.
Sec. 306. Federal hydropower production facilities inventory
and map.
Sec. 307. Establishing a pilot program for the development
of strategic solar reserves on Federal lands.
Sec. 308. OTEC regulations.
Sec. 309. Biomass utilization pilot program.
TITLE IV--CARBON CAPTURE AND CLIMATE CHANGE MITIGATION
Subtitle A--Geological Sequestration Assessment
Sec. 401. Short title.
Sec. 402. National assessment.
Subtitle B--Terrestrial Sequestration Assessment
Sec. 421. Requirement to conduct an assessment.
Sec. 422. Methodology.
Sec. 423. Completion of assessment and report.
Subtitle C--Sequestration Activities
Sec. 431. Carbon dioxide storage inventory.
Sec. 432. Framework for geological carbon sequestration on
Federal lands.
Subtitle D--Wildlife Programs
Chapter 1--National Policy and Strategy
Sec. 441. Short title.
Sec. 442. National policy on wildlife and global warming.
Sec. 443. Definitions.
Sec. 444. National strategy.
Sec. 445. Advisory board.
Sec. 446. Authorization of appropriations.
Chapter 2--State and Tribal Wildlife Grants Program
Sec. 451. State and Tribal Wildlife Grants Program.
Subtitle E--Miscellaneous
Sec. 461. Climate Change Adaptability Intra-Governmental Panel.
Sec. 462. Ocean Policy and Global Warming Program.
Sec. 463. Planning for climate change in the coastal zone.
Sec. 464. Enhancing climate change predictions.
Sec. 465. NOAA report on climate change effects; preparation
assistance.
TITLE I--ENERGY POLICY ACT OF 2005 REFORMS
SEC. 101. COST RECOVERY.
(a) Repeal- Subsection (c) of section 35 of the Mineral Leasing
Act (30 U.S.C. 191) is repealed.
(b) Repeal of Prohibition on Fee Increases- Subsection (i) of
section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924) is
repealed.
(c) Cost Recovery-
(1) IN GENERAL- Within 180 days after the date of enactment
of this Act, the Secretary of the Interior shall promulgate
a rule to impose fees to recover costs incurred by the
Secretary in the processing of permits to conduct energy
production-related activities on Federal lands.
(2) FEE TERMS- Such fees--
(A) shall be market-based;
(B) shall be assessed for Government services;
(C) shall cover all Federal activities relating to
energy development on Federal lands that convey
benefits to recipients beyond those accruing to the
general public to recover the full cost to the Federal
Government for providing specific benefits;
(D) shall be limited to the Secretary's costs of
issuing a permit, including necessary environmental
documentation, on-site monitoring, and permit enforcement;
(E) shall be based upon the actual personnel
(including law enforcement), vehicle, travel, and
material costs required to issue, administer, and
monitor a permit; and
(F) shall be collected in advance of, or
simultaneously with, the rendering of services unless
appropriations and authority are provided in advance
to allow reimbursable services.
SEC. 102. REPEAL OF DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR
PERMITS.
Subsection (p) of section 17 of the Mineral Leasing Act (30 U.S.C.
226) is repealed.
SEC. 103. ENERGY RIGHTS-OF-WAY CORRIDORS ON FEDERAL LAND.
(a) Repeal of Requirements To Designate Energy Rights-of-Way
Corridors on Federal Land- The Energy Policy Act of 2005 is amended--
(1) by repealing section 368 (42 U.S.C.15926); and
(2) in the table of contents in section 1(b) by striking the
item relating to that section.
(b) Study-
(1) STUDY- Not later than 18 months after the date of
enactment of this Act, the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of Defense, the
Secretary of Energy, and the Secretary of the Interior (in
this subsection referred to collectively as `the
Secretaries') shall, in consultation with affected States,
complete a study of--
(A) congestion and constraints in transmission of
electricity, oil, gas, and hydrogen;
(B) barriers to access for transmission from renewable
energy sources, such as wind energy and solar energy; and
(C) the need for energy corridors on public lands to
address identified congestion or constraints.
(2) CONSIDERATIONS- In performing the study, the Secretaries--
(A) shall take into account the studies of electrical
transmission congestion completed under section
216(a)(1) of the Federal Power Act (16 U.S.C.
824(p)(a)(1)), other projects authorized or under
consideration on public lands and such projects
outside public lands, and alternatives, individually
and in concert, that could be implemented to address
the needs identified, including an analysis of demand
reduction, available new technology, and distributed
generation measures that could be taken;
(B) shall not consider as available for designation as
corridors, any area that is--
(i) within one mile of any place designated or
otherwise identified by State or Federal law or
any applicable Federal, State, or local
government land use plan for recognition or
protection of scenic, natural, cultural, or
historic resources;
(ii) within one mile of any place proposed for
formal protection similar to that described in
subparagraph (A), in any pending Federal, State,
or local legislation; or
(iii) in a sensitive ecological area, including
any area that is designated as critical habitat
under the Endangered Species Act of 1973 or
otherwise identified as sensitive or crucial
habitat, including seasonal habitat, by the
United States Fish and Wildlife Service, by a
State agency responsible for managing wildlife
or wildlife habitat, or in a Federal, State, or
local land use plan;
(C) identify opportunities to mitigate to the maximum
extent practicable the potential impact of designating
energy corridors, and of the reasonably foreseeable
uses of those corridors for power lines, pipelines,
and other transmission facilities, on natural, scenic,
cultural, and historic values and areas referred to in
subparagraph (B), the protection of which is in the
national interest, including opportunities to minimize
the width of corridors, limiting the types and numbers
of uses of corridors, and placement of facilities
underground; and
(D) identify opportunities to improve access to the
national electric power grid for generators of
renewable energy, such as wind and solar.
(3) UPDATES- The Secretaries shall periodically update the
results of the study as they consider appropriate.
(4) REPORTS- After considering recommendations from
interested persons (including an opportunity for comment
from the public and affected States), the Secretaries shall
issue--
(A) a report presenting the results of the study; and
(B) a report on each update of the study under
paragraph (3).
(c) Deferral of Designation of Energy Corridors Pending Completion
of Study-
(1) LIMITATION ON ACTIONS PENDING COMPLETION OF STUDY- The
Secretaries shall not designate energy corridors on public
lands, including those corridors under consideration based
on section 368 of the Energy Policy Act of 2005 as in effect
prior to repeal under this Act, and shall not authorize
specific rights-of-way or projects in such corridors, until
the study under section 2 is completed.
(2) USE OF STUDY RESULTS FOR ACTIONS AFTER COMPLETION OF STUDY-
(A) IN GENERAL- Subject to subparagraph (B), after
completion of the study under subsection (b), the
Secretaries may use the results of the study to inform
subsequent decisions to grant rights-of-way, including
under title V of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761 et seq.), and
to amend land use plans to designate energy corridors
or authorize rights-of-way, in any area for which no
such designation or authorization currently exists.
(B) LIMITATION ON USE- The results of the study shall
not affect the Secretaries' obligations to analyze the
environmental consequences of a designation or
authorization referred to in subparagraph (A), or to
otherwise comply with applicable laws.
SEC. 104. OIL SHALE AND TAR SANDS LEASING.
Section 369 of the Energy Policy Act of 2005 (42 U.S.C. 15927) is
amended--
(1) in subsection (c), by striking `not later than 180 days
after the date of enactment of this Act,';
(2) in subsection (c), by striking `shall make' and
inserting `may make';
(3) in subsection (d)(1), by striking `Not later than 18
months after the date of enactment of this Act, in' and
inserting `In';
(4) in subsection (d)(2)--
(A) in the heading by striking `Final' and inserting
`Proposed'; and
(B) in the text by striking `final' and inserting
`proposed';
(5) in subsection (d)(2), by striking `6' and inserting `12';
(6) in subsection (d)(2) by inserting after the period `The
proposed regulations developed under this paragraph are to
be open for public comment for no less than 180 days.';
(7) by redesignating subsections (e) through (s) as
subsections (g) through (u), and by inserting after
subsection (d) the following:
`(e) Oil Shale and Tar Sands Leasing and Development Strategy-
`(1) GENERAL- Not later than 6 months after the completion
of the programmatic environmental impact statement under
subsection (d), the Secretary shall prepare an oil shale and
tar sands leasing and development strategy, in cooperation
with the Secretary of Energy and the Administrator of the
Environmental Protection Agency.
`(2) PURPOSE- The purpose of the strategy developed under
this subsection is to allow for the sustainable and publicly
acceptable large-scale development of oil shale within the
Green River Formation.
`(3) CONTENTS- The strategy shall include plans and programs
for obtaining information required for determining the
optimal methods, locations, amount, and timeframe for
potential development on federal lands within the Green
River Formation. The strategy shall also include plans for
conducting critical environmental and ecological research,
high-payoff process improvement research, an assessment of
carbon management options, and a large-scale demonstration
of carbon dioxide sequestration in the general vicinity of
the Piceance Basin.
`(f) Alternative Approaches- Not later than nine months after the
completion of the programmatic environmental impact statement
under subsection (d), the Secretary shall, in cooperation with the
Secretary of Energy and the Administrator of the Environmental
Protection Agency, prepare and publish a report on alternative
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 subsection (d)' and
inserting `of final regulations issued under this section';
(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 `subsection (g)'.
SEC. 105. REPEAL OF REBUTTABLE PRESUMPTION REGARDING APPLICATION
OF CATEGORICAL EXCLUSION UNDER NEPA FOR OIL AND GAS EXPLORATION
AND DEVELOPMENT ACTIVITIES.
The Energy Policy Act of 2005 is amended--
(1) by repealing section 390 (42 U.S.C. 15942); and
(2) in section 1(b) by striking the item relating to that
section.
SEC. 106. BEST MANAGEMENT PRACTICES.
Not later than 180 days after the date of enactment of this Act,
the Secretary of the Interior, through the Bureau of Land
Management, shall amend the best management 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; and
(2) create an incentive for oil and gas operators to adopt
best management practices by providing expedited permit
review for any operator that commits to adhering to those
practices without seeking waiver of such stipulations.
SEC. 107. 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 Periods and Information
Requirements- Section 319 of the Coastal Zone Management Act of
1972 (16 U.S.C. 1465) is amended--
(1) in subsection (b)(1), by striking `160-day' and
inserting `320-day';
(2) in paragraph (3)(A), by amending clause (ii) to read as
follows:
`(ii) as the Secretary determines necessary to
receive, on an expedited basis, any supplemental
or clarifying information relevant to the
consolidated record compiled by the lead Federal
permitting agency to complete a consistency
review under this title.'; and
(3) in paragraph (3)(B)--
(A) by striking `160-day' and inserting `320-day'; and
(B) by striking `for a period not to exceed 60 days.'
and inserting `once.'.
TITLE II--FEDERAL ENERGY PUBLIC ACCOUNTABILITY, INTEGRITY, AND
PUBLIC INTEREST
Subtitle A--Accountability and Integrity in the Federal Energy
Program
SEC. 201. LIMITATIONS ON ROYALTY IN-KIND.
Section 342 of the Energy Policy Act of 2005 (42 U.S.C. 15902(d))
is amended--
(1) in subsection (d)--
(A) in the heading by striking `Benefit' and inserting
`Filling of Strategic Petroleum Reserve and benefit'; and
(B) by striking `only if' and inserting `only if
receiving such royalties in-kind is for the purpose of
filling the Strategic Petroleum Reserve and'; and
(2) by adding at the end:
`(k) Limitation-
`(1) IN GENERAL- No amount of the total amount of royalties
collected by the Secretary in a fiscal year may be collected
as royalties in-kind.
`(2) EXCEPTION- Paragraph (1) shall not apply with respect
to royalties in-kind collected for the purpose of filling
the Strategic Petroleum Reserve.'.
SEC. 202. 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.
(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 professional auditor qualifications that are
consistent with the latest revision of the Government Auditing
Standards published by the Government Accountability Office. Such
regulations shall also ensure that all audits conducted by the
Department of the Interior are performed in accordance with such
standards.
SEC. 203. FINES AND PENALTIES.
(a) Sanctions for Violations Relating to Federal Oil and Gas
Royalties- Section 109 of the Federal 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 person 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 payment in the
amount or value required by any mineral leasing law or any
regulation, order, or lease under such a law;
`(C) fail or refuse to make any royalty payment by the date
required by any mineral leasing law or any regulation,
order, or lease under such a law; or
`(D) prepare, maintain, or submit any false, inaccurate, or
misleading report, notice, affidavit, record, data, or other
written information or filing related to royalty payments
that is required under any mineral leasing law or regulation
issued under any mineral leasing law.
`(2) A person who violates paragraph (1) shall be liable--
`(A) in the case of a violation of subparagraph (B) or (C)
of paragraph (1) for an amount equal to 3 times the royalty
the person fails or refuses to pay, plus interest on that
trebled amount measured from the first date the royalty
payment was due; and
`(B) in the case of any violation, for a civil penalty of
$25,000 per violation for each day the violation continues.
`(3) Paragraph (2) shall not apply to a violation of paragraph (1)
if the person who commits the violation, within 30 days of the
violation--
`(A) reports the violation to the Secretary or a
representative designated by the Secretary; and
`(B) corrects the violation.
`(b) Lease Administration Violations- Any person who--
`(1) fails to notify the Secretary of--
`(A) any designation by the person under section
102(a); or
`(B) any other assignment of obligations or
responsibilities of the person under a lease;
`(2) fails or refuses to permit--
`(A) lawful entry;
`(B) inspection, including any inspection authorized
by section 108; or
`(C) audit, including any failure or refusal to
promptly tender requested documents;
`(3) fails or refuses to comply with subsection 102(b)(3)
(relating to notification regarding beginning or resumption
of production); or
`(4) fails to correctly report and timely provide operations
or financial records necessary for the Secretary or any
authorized designee of the Secretary to accomplish lease
management responsibilities,
shall be liable for a penalty of up to $10,000 per violation for
each day such violation continues.
`(c) Theft- Any person who--
`(1) knowingly or willfully takes or removes, transports,
uses or diverts any oil or gas from any lease site without
having valid legal authority to do so; or
`(2) purchases, accepts, sells, transports, or conveys to
another, any oil or gas knowing or having reason to know
that such oil or gas was stolen or unlawfully removed or
diverted,
shall be liable for a penalty of up to $25,000 per violation for
each day such violation continues without correction.
`(d) Repeated Violations- (1)(A) If the Secretary or an authorized
designee of the Secretary determines that any person has
repeatedly violated subsection (a), (b), or (c), the Secretary or
designee shall notify the person of the violation and demand
compliance.
`(B) A person notified pursuant to subparagraph (A) shall correct
the violations by not later than 30 calendar days after the date
of the notification.
`(C) Any person who fails to comply with a demand under
subparagraph (A) shall be liable to the United States for a civil
penalty equal to 3 times the amount of any civil penalty that
otherwise applies under subsection (a), (b), or (c) to the
violations to which the demand relates.
`(2) In addition to the penalty provided in paragraph (1)(C), if
the Secretary determines that any person has repeatedly violated
subsection (a), (b), or (c) or any lease management order, the
Secretary may--
`(A) shut in and cease production of any oil or gas lease
held by the person;
`(B) prohibit the person--
`(i) from acquiring any additional oil or gas lease,
including by transfer or assignment; and
`(ii) from being designated under section 102(a) to
make payments due under any lease;
`(C) cancel or transfer any interest in an oil or gas lease
held by the person; and
`(D) collect from the person reimbursement, including
interest, of all costs of release, transfer, or reclamation
of lease sites canceled or transferred, including costs of
disposing of lease property, facilities, and equipment.
`(e) Administrative Appeal- (1) Any determination by the Secretary
or a designee of the Secretary of the amount of any royalties or
civil penalties owed under subsection (a), (b), (c), or (d) shall
be final, unless within 15 days after notification by the
Secretary or designee the person liable for such amount files an
administrative appeal in accordance with regulations issued by the
Secretary.
`(2) If a person files an administrative appeal pursuant to
paragraph (1), the Secretary or designee shall make a final
determination in accordance with the regulations referred to in
paragraph (1).
`(f) Deduction- The amount of any penalty under this section, as
finally determined may be deducted from any sums owing by the
United States to the person charged.
`(g) Compromise and Reduction- On a case-by-case basis the
Secretary may compromise or reduce civil penalties under this section.
`(h) Notice- Notice under this subsection (a) shall be by personal
service by an authorized representative of the Secretary or by
registered mail. Any person may, in the manner prescribed by the
Secretary, designate a representative to receive any notice under
this subsection.
`(i) Record of Determination- In determining the amount of such
penalty, or whether it should be remitted or reduced, and in what
amount, the Secretary shall state on the record the reasons for
his determinations.
`(j) Judicial Review- Any person who has requested a hearing in
accordance with subsection (e) within the time the Secretary has
prescribed for such a hearing and who is aggrieved by a final
order of the Secretary under this section may seek review of such
order in the United States district court for the judicial
district in which the violation allegedly took place. Review by
the district court shall be only on the administrative record and
not de novo. Such an action shall be barred unless filed within 90
days after the Secretary's final order.
`(k) Failure To Pay- If any person fails to pay an assessment of a
civil penalty under this Act--
`(1) after the order making the assessment has become a
final order and if such person does not file a petition for
judicial review of the order in accordance with subsection
(j), or
`(2) after a court in an action brought under subsection (j)
has entered a final judgment in favor of the Secretary,
the court shall have jurisdiction to award the amount assessed
plus interest from the date of the expiration of the 90-day period
referred to in subsection (j). Judgment by the court shall include
an order to pay.
`(l) Relationship to Mineral Leasing Act- No person shall be
liable for a civil penalty under subsection (a) or (b) for failure
to pay any rental for any lease automatically terminated pursuant
to section 31 of the Mineral Leasing Act.
`(m) Tolling of Statutes of Limitation- (1) Any determination by
the Secretary or a designee of the Secretary that a person has
violated subsection (a), (b)(2), or (b)(4) shall toll any
applicable statute of limitations for all oil and gas leases held
or operated by such person, until the later of--
`(A) the date on which the person corrects the violation and
certifies that all violations of a like nature have been
corrected for all of the oil and gas leases held or operated
by such person; or
`(B) the date a final, nonappealable order has been issued
by the Secretary or a court of competent jurisdiction.
`(2) A person determined by the Secretary or a designee of the
Secretary to have violated subsection (a), (b)(2), or (b)(4) shall
maintain all records with respect to the person's oil and gas
leases until the later of--
`(A) the date the Secretary releases the person from the
obligation to maintain such records; and
`(B) the expiration of the period during which the records
must be maintained under section 103(b).
`(n) State Sharing of Penalties- Amounts received by the United
States in an action brought under section 3730 of title 31, United
States Code, that arises from any underpayment of royalties owed
to the United States under any lease shall be treated as royalties
paid to the United States under that lease for purposes of the
mineral leasing laws and the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-4 et seq.).'.
(b) Shared Civil Penalties- Section 206 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1736) is amended--
(1) by inserting `trebled royalties or' after `50 per centum
of any' and before `civil penalty'; and
(2) by striking the second sentence.
Subtitle B--Amendments to Federal Oil and Gas Royalty Management
Act of 1982
SEC. 211. AMENDMENTS TO DEFINITIONS.
Section 3 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1702) is amended--
(1) in paragraph (20)(A), by striking `: /Provided/, That'
and all that follows through `subject of the judicial
proceeding';
(2) in paragraph (20)(B), by striking `(with written notice
to the lessee who designated the designee)';
(3) in paragraph (23)(A), by striking `(with written notice
to the lessee who designated the designee)' ;
(4) by amending paragraph (24) to read as follows:
`(24) `designee' means any person who pays, offsets, or
credits monies, makes adjustments, requests and receives
refunds, or submits reports with respect to payments a
lessee must make pursuant to section 102(a);';
(5) in paragraph (25)(B), by striking `(subject to the
provision of section 102(a) of this Act)'; and
(6) in paragraph (26), by striking `(with notice to the
lessee who designated the designee)'.
SEC. 212. INTEREST.
(a) Estimated Payments; Interest on Amount of Under Payment-
Section 111(j) of the Federal Oil and Gas Royalty Management Act
of 1982 (30 U.S.C. 1721(j)) is amended by striking `If the
estimated payment exceeds the actual royalties due, interest is
owned on the overpayment.'.
(b) Overpayments- Section 111 of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1721) is amended by striking
subsections (h) and (i).
(c) Effective Date- The amendments made by this section shall be
effective one year after the date of enactment of this Act.
SEC. 213. OBLIGATION PERIOD.
Section 115(c) of the Federal Oil and Gas Royalty Management Act
of 1982 (30 U.S.C. 1724(c)) is amended--
`(3) ADJUSTMENTS- In the case of an adjustment under section
111A(a) (30 U.S.C. 1721a(a)) in which a recoupment by the
lessee results in an underpayment of an obligation, for
purposes of this Act the obligation becomes due on the date
the lessee or its designee makes the adjustment.'.
SEC. 214. TOLLING AGREEMENTS AND SUBPOENAS.
(a) Tolling Agreements- Section 115(d)(1) of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(1)) is
amended by striking `(with notice to the lessee who designated the
designee)'.
(b) Subpeonas- Section 115(d)(2)(A) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is
amended by striking `(with notice to the lessee who designated the
designee, which notice shall not constitute a subpoena to the
lessee)'.
SEC. 215. LIABILITY FOR ROYALTY PAYMENTS.
Section 102(a) of the Federal Oil and Gas Royalty Management Act
of 1982 (30 U.S.C. 1712(a)) is amended to read as follows:
`(a) In order to increase receipts and achieve effective
collections of royalty and other payments, a lessee who is
required to make any royalty or other payment under a lease or
under the mineral leasing laws, shall make such payments in the
time and manner as may be specified by the Secretary or the
applicable delegated State. Any person who pays, offsets or
credits monies, makes adjustments, requests and receives refunds,
or submits reports with respect to payments the lessee must make
is the lessee's designee under this Act. Notwithstanding any other
provision of this Act to the contrary, a designee shall be liable
for any payment obligation of any lessee on whose behalf the
designee pays royalty under the lease. The person owning operating
rights in a lease and a person owning legal record title in a
lease shall be liable for that person's pro rata share of payment
obligations under the lease.'.
Subtitle C--Public Interest in the Federal Energy Program
SEC. 221. SURFACE OWNER PROTECTION.
(a) Definitions- As used in this section--
(1) the term `Secretary' means the Secretary of the Interior;
(2) the term `lease' means a lease issued by the Secretary
under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or any
other law, providing for development of oil and gas
resources (including coalbed methane) owned by the United
States;
(3) the term `lessee' means the holder of a lease; and
(4) the term `operator' means any person that is responsible
under the terms and conditions of a lease for the operations
conducted on leased lands or any portion thereof.
(b) Post-Lease Surface Use Agreement-
(1) IN GENERAL- Except as provided in subsection (c), the
Secretary may not authorize any operator to conduct
exploration and drilling operations on lands with respect to
which title to oil and gas resources is held by the United
States but title to the surface estate is not held by the
United States, until the operator has filed with the
Secretary a document, signed by the operator and the surface
owner or owners, showing that the operator has secured a
written surface use agreement between the operator and the
surface owner or owners that meets the requirements of
paragraph (2).
(2) CONTENTS- The surface use agreement shall provide for--
(A) the use of only such portion of the surface estate
as is reasonably necessary for exploration and
drilling operations based on site-specific conditions;
(B) the accommodation of the surface estate 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 condition capable
of supporting the uses which such lands were capable
of supporting prior to exploration 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--
(i) loss of income and increased costs incurred;
(ii) damage to or destruction of personal
property, including crops, forage, and
livestock; and
(iii) failure to reclaim the site in accordance
with this subparagraph (C).
(3) PROCEDURE-
(A) IN GENERAL- An operator shall notify 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 ARBITER- Referral of a
matter for arbitration by a person identified by the
Secretary pursuant to subparagraph (B) shall be
sufficient to constitute 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 reasonable attorneys fees
and actual costs incurred, in addition to any other relief
which a court or arbitration panel may grant.
(c) Authorized Exploration and Drilling Operations-
(1) AUTHORIZATION WITHOUT SURFACE USE AGREEMENT- The
Secretary may authorize an operator to conduct exploration
and drilling operations on lands covered by subsection (b)
in the absence of an agreement with the surface estate owner
or owners, if--
(A) the Secretary makes a determination in writing
that the operator made a good faith attempt to
conclude such an agreement, including referral of the
matter to arbitration pursuant to subsection (b)(3),
but that no agreement was concluded within 90 days
after the referral to arbitration;
(B) the operator submits a plan of operations 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 financial
assurance in an amount the Secretary determines to be
adequate to ensure compensation to the surface estate
owner for any damages 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 advance of a
determination of compliance with this section;
(B) participate in bond level determinations 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
(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 assurance required under this subsection as
compensation for any damages as a result of exploration and
drilling operations. Pursuant to such a petition, the
Secretary may use such bond or other guarantee to provide
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 assurance required under this
subsection if the Secretary determines that exploration and
drilling operations are ended and all damages have been
fully compensated.
(d) Surface Owner Notification- The Secretary shall--
(1) notify surface estate owners in writing at least 45 days
in advance of lease sales;
(2) within ten working days after a lease is issued, notify
surface estate owners of regarding the identity of the lessee;
(3) notify surface estate owners in writing within 10
working days concerning any subsequent decisions 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.
SEC. 222. 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:
`(p) Reclamation Requirements- An operator producing oil or gas
(including coalbed methane) under a lease issued pursuant to this
Act shall--
`(1) at a minimum restore the land affected to a condition
capable of supporting the uses that it was capable of
supporting prior to any drilling, or higher or better uses
of which there is reasonable likelihood, so long as such use
or uses do not present any actual or probable hazard to
public health or safety or pose any actual or probable
threat of water diminution or pollution, and the permit
applicants' declared proposed land use following reclamation
is not impractical or unreasonable, inconsistent with
applicable land use policies and plans, or involve
unreasonable delay in implementation, or is violative of
Federal, State, or local law;
`(2) ensure that all reclamation efforts proceed in an
environmentally sound manner and as contemporaneously as
practicable with the oil and gas drilling operations; and
`(3) submit with the plan of operations a reclamation plan
that describes in detail the methods and practices that will
be used to ensure complete and timely restoration of all
lands affected by oil and gas operations.
`(q) Reclamation Bond- An operator producing oil or gas (including
coalbed methane) under a lease issued under this Act shall post a
bond that covers that area of land within the permit area upon
which the operator will initiate and conduct oil and gas drilling
and reclamation operations within the initial term of the permit.
As succeeding increments of oil and gas drilling and reclamation
operations are to be initiated and conducted within the permit
area, the lessee shall file with the regulatory authority an
additional bond or bonds to cover such increments in accordance
with this section. The amount of the bond required for each bonded
area shall depend upon the reclamation requirements of the
approved permit; shall reflect the probable difficulty of
reclamation giving consideration to such factors as topography,
geology of the site, hydrology, and revegetation potential; and
shall be determined by the Secretary. The amount of the bond shall
be sufficient to assure the completion of the reclamation plan if
the work had to be performed by the Secretary in the event of
forfeiture.
`(r) Regulations- No later than one year after the date of the
enactment of this subsection, the Secretary shall promulgate
regulations to implement the requirements of subsections (p) and
(q).'.
SEC. 223. PROTECTION OF WATER RESOURCES.
(a) Mineral Leasing Act Requirements- Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is further amended by adding at the
end the following:
`(s) Water Requirements-
`(1) IN GENERAL- An operator producing oil or gas (including
coalbed methane) under a lease issued under this Act shall--
`(A) replace the water supply of a water user who
obtains all or part of such user's supply of water for
domestic, agricultural, or other purposes from an
underground or surface source that has been affected
by contamination, diminution, or interruption
proximately resulting from drilling operations for
such production; and
`(B) comply with all applicable requirements of
Federal and State law for discharge of any water
produced under the lease.
`(2) WATER MANAGEMENT PLAN- An application for a lease under
this subsection shall be accompanied by a proposed water
management plan including provisions to--
`(A) protect the quantity and quality of surface and
ground water systems, both on-site and off-site, from
adverse effects of the exploration, development, and
reclamation processes or to provide alternative
sources of water if such protection cannot be assured;
`(B) protect the rights of present users of water that
would be affected by operations under the lease,
including the discharge of any water produced in
connection with such operations that is not
reinjected; and
`(C) identify any agreements with other parties for
the beneficial use of produced waters and the steps
that will be taken to comply with State and Federal
laws related to such use.'.
(b) Relation to State Law- Nothing in this subtitle or any
amendment made by this subtitle shall--
(1) be construed as impairing or in any manner affecting any
right or jurisdiction of any State with respect to the
waters of such State; or
(2) be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportion water among and between
States.
SEC. 224. DUE DILIGENCE FEE.
(a) Establishment- The Secretary of the Interior shall, within 180
days after the date of enactment of this Act, issue regulations to
establish a fee with respect to Federal onshore lands that are
subject to a lease for production of oil, natural gas, or coal
under which production is not occurring.
(b) Amount- The amount of the fee shall be $1 per year for each
acre of land that is not in production for that year.
(c) Assessment and Collection- The Secretary shall assess and
collect the fee established under this section.
(d) Deposit and Use- Amounts received by the United States in the
form of the fee established under this section shall be available
to the Secretary of the Interior for use to repair damage to
Federal lands and resources caused by oil and gas development, in
accordance with the the documents submitted by the President with
the budget submission for fiscal year 2008 relating to the Healthy
Lands Initiative.
Subtitle D--Ensuring Safety of Wildlife With Respect to Wind Energy
SEC. 231. STANDARDS AND REQUIREMENTS.
(a) In General- Within 180 days after the date of enactment of
this Act, the Secretary, acting through the Director and after
public notice and opportunity to comment, shall promulgate
regulations that establish minimum standards for siting,
construction, monitoring, and adaptive management that must be
satisfied by all wind projects to avoid, minimize, and mitigate
adverse impacts on migratory birds, bats, and other wildlife.
(b) New Wind Projects- Such standards shall, for all wind projects
that have not been constructed before the date of enactment of
this Act, include at a minimum the following:
(1) PRECONSTRUCTION SURVEYS- Requirements for comprehensive
preconstruction surveys that are of sufficient duration and
scope to reasonably evaluate the extent to which a
particular site is used by migratory birds, bats, and other
wildlife, including species listed as endangered species or
threatened species under section 4 of the Endangered Species
Act of 1973(16 U.S.C. 1533) and the potential cumulative
impact that a proposed wind project would have on such
wildlife in combination with other existing or proposed wind
projects. Such requirements shall provide that surveys must
be carried out by scientific teams that include independent
scientists and that the Director may obtain reasonable
access to the proposed construction site to ensure that
survey protocols are being properly developed and implemented.
(2) SITING- Standards for siting wind projects for which
construction has not begun so as to avoid impacts, including
cumulative impacts, on birds, bats, and other wildlife to
the greatest extent practicable 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 migration corridors,
wetlands, and other habitats where wildlife
congregate; hibernation, breeding, 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 attract wildlife.
(3) CONSTRUCTION AND OPERATION- Requirements for the
construction and operation of wind projects so that they
minimize impacts on birds, bats, and other wildlife to the
greatest extent practicable, including by--
(A) incorporating the best available technology for
minimizing such impacts, and
(B) operating such projects in a manner that minimizes
impacts on birds, bats, and other wildlife.
(4) POST-CONSTRUCTION MONITORING- Requirements for thorough
post-construction monitoring 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 cumulative impacts and
dissemination to the public. Such requirements shall provide
that monitoring must be carried out by scientific teams that
include independent scientists, and that the Director may
obtain access at any time to the site to ensure that
monitoring protocols are being properly developed and
implemented.
(5) ADAPTIVE MANAGEMENT- Requirements for adaptive
management of wind projects if the impacts of such projects
on birds, bats, and other wildlife 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- Requirements that wind
projects offset any unavoidable impacts, including
cumulative impacts, on birds, bats, and other wildlife
through the acquisition, conservation, or restoration of
mitigation habitat, the funding of research that will be of
value in conserving 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 appropriate 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 constructed and operated in compliance
with the standards 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 enactment of this Act,
beginning at the end of the 180-day period beginning
on the date the Director 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 promulgate 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 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 applicable to such
renewal applications; and
(3) provide for advance public notice and comment 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:
(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 service, consistent with Federal Energy
Regulatory Commission 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 Area Power Marketing
Administrations, shall conduct an analysis of the existing
capacity of transmission and distribution systems serving the
States of California, Oregon, and Washington to accommodate and
promote development and commercial operation of ocean wave, tidal,
and current 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 transmission
and distribution systems serving the States referred to in
subsection (a) in order to reliably and efficiently accommodate
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.
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 inserting after section 306A the following:
`OCS ALTERNATIVE ENERGY STATE SURVEYS; ALTERNATIVE ENERGY SITE
IDENTIFICATION AND PLANNING
`Sec. 306B. (a) Grants to States- The Secretary may make grants to
eligible coastal states to support voluntary State efforts to
initiate and complete surveys of portions of the Outer Continental
Shelf adjacent to a State's coastal zone and coastal state waters
to identify potential areas suitable for the exploration,
development, and production of alternative energy that are
consistent with the enforceable policies of coastal management
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 measurements of the
physical ocean environment, especially seismically active areas;
`(3) identification and characterization of significant or
sensitive marine ecosystems or other areas possessing
important conservation, recreational, 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 participation in surveys under
this section by relevant Federal agencies, State agencies, local
governments, regional organizations, 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 demonstrates 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 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 Secretary 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 according to--
`(A) a 2-to-1 ratio of Federal-to-State contributions
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 subsequent 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 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 suitable 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 energy facilities.
`(l) Assistance by the Secretary- The Secretary shall--
`(1) under section 307(a) and to the extent practicable,
make available to coastal states the resources and
capabilities of the National Oceanic and Atmospheric
Administration to provide technical assistance to the
coastal states to develop surveys under this section; and
`(2) encourage other Federal agencies with relevant
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 enactment of this
Act, the Secretary of the Interior shall complete 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 production through leasing
of lands or other means. The report to Congress shall specify--
(1) location of potential rights-of-way for energy production;
(2) total acreage available for energy production;
(3) existing transmission infrastructure at sites;
(4) estimates of fair market leasing value of potential
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 RECYCLING.
`(a) Research Program- The Secretary of the Interior, 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 Interior shall submit
to Congress a report which shall include--
`(1) a review of existing and emerging technologies, 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 energy
efficiency technologies.'.
SEC. 304. GREEN BUILDING LEADERSHIP PROGRAM.
(a) Major New Construction- All major new facility 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 renovation 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 Design Existing Building Silver Certification
Standards.
(c) Certification- Certification under the Leadership in Energy
and Environmental Design program of facilities 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 FACILITIES INVENTORY AND MAP.
Not later than one year after the date of the enactment of this
Act, the United States Geological Survey and the Bureau of
Reclamation, in consultation with the Federal Energy Regulatory
Commission, shall inventory and map groundwater resources and uses
in hydrologic watersheds containing Federal hydropower production
facilities. The inventory shall include the following:
(1) An analysis of groundwater use in the watersheds 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 viable 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 DEVELOPMENT OF
STRATEGIC SOLAR RESERVES 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 installation of commercial
concentrating solar power energy systems.
(b) Strategic Solar Reserve Program-
(1) SITE SELECTION- The Secretary of the Interior, 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 industries, and other
interested persons, shall complete the following:
(A) Identify Federal lands under the jurisdiction 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 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 designation of such solar
reserves.
(C) Incorporate the designated solar reserves into the
relevant agency land use and resource 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 sufficient 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 Landscape Conservation
System.
(B) Areas of Critical Environmental Concern.
(4) IMPLEMENTATION OF THE STRATEGIC SOLAR RESERVE- (A) The
Secretary of Energy and the Secretary of Interior shall
expeditiously implement a strategic solar reserve program
for concentrating solar energy to produce no less than 4 GW
and no more than 10 GW on such Federal lands, following the
completion of the requirements contained in subparagraph (B).
(B) The Secretary of Energy, in consultation with the
Secretary of the Interior, shall establish a program within
the Department of Energy to administer the selection and
installation of concentrating solar power technologies on
such Federal lands identified in paragraph (1)(A). The
Secretary of Energy shall establish criteria for an
application process to allow for a variety of concentrating
solar technologies and for project development milestones to
ensure due diligence in the development of the strategic
solar reserves.
(5) ENVIRONMENTAL COMPLIANCE- The Secretary of the Interior
shall complete all necessary environmental surveys,
compliance and permitting for rights of way pursuant to
title V of the Federal Land Policy Management Act of 1976
for each strategic solar reserve, as expeditiously as
possible. The applicant shall pay all costs of environmental
compliance, including when a determination is made that the
land is not suitable and feasible for such installation or
the bid is withdrawn following the initiation of such
environmental compliance.
(6) PERMITS- The Secretary of the Interior shall ensure that
all strategic solar reserve installation pursuant to this
section is permitted using an expedited permitting process.
The Secretary shall, in consultation with the Secretary of
Energy, complete the preparation of a Programmatic
Environmental Impact Statement by the Departments of Energy
and Interior for concentrating solar power on Federal lands.
(7) RENTAL FEES- The rental fee for each strategic solar
reserve right-of-way authorization under this subsection
shall be established at the greater of $200 per acre or fair
market value for the first year of operation and increasing
25 percent after the first 5 years and an additional 25
percent in the tenth year of the pilot program, to be paid
in annual payments commencing on the day of operation.
During the development and construction phase of a project,
the rental fee shall be waived. The leases shall be for a
term of 30 years.
(8) REPORT TO CONGRESS- The Secretary of the Interior, in
consultation with the Secretary of Energy, shall submit a
report to Congress on the findings of the pilot project--
(A) not later than 3 years after the installation of
the first facility pursuant to this section; and
(B) 10 years after the installation of the first
facility pursuant to this section.
(c) Buy American Act- In carrying out this section, the Secretary
shall comply with the Buy American Act (41 U.S.C. 10a et seq.).
(d) Davis-Bacon Act- Notwithstanding any other provision of law,
the prevailing wage requirements of subchapter IV of chapter 31 of
title 40, United State Code, shall apply to any labor funded under
this Act.
(e) Sunset- The authorities contained in this section shall expire
10 years after the date of the enactment of this Act.
SEC. 308. OTEC REGULATIONS.
The Administrator of the National Oceanic and Atmospheric
Administration shall, within two years after the date of enactment
of this Act, issue regulations necessary to implement the
Administrator's authority to license offshore thermal energy
conversion facilities under the Ocean Thermal Energy Conversion
Research, Development, and Demonstration Act (42 U.S.C. 9001 et seq.).
SEC. 309. BIOMASS UTILIZATION PILOT PROGRAM.
(a) Replacement of Current Grant Program- Section 210 of the
Energy Policy Act of 2005 (42 U.S.C. 15855) is amended to read as
follows:
`SEC. 210. BIOMASS UTILIZATION PILOT PROGRAM.
`(a) Findings- Congress finds the following:
`(1) The supply of woody biomass for energy production is
directly linked to forest management planning to a degree
far greater than in the case of other types of energy
development.
`(2) As a consequence of this linkage, the process of
developing and evaluating appropriate technologies and
facilities for woody biomass energy and utilization must be
integrated with long-term forest management planning
processes, particularly in situations where Federal lands
dominate the forested landscape.
`(b) Biomass Definition for Federal Forest Lands- In this section,
with respect to organic material removed from National Forest
System lands or from public lands administered by the Secretary of
the Interior, the term `biomass' covers only organic material from--
`(1) ecological forest restoration;
`(2) pre-commercial thinnings;
`(3) brush;
`(4) mill residues; and
`(5) slash.
`(c) Pilot Program- The Secretary of Agriculture and the Secretary
of the Interior shall establish a pilot program, to be known as
the `Biomass Utilization Pilot Program', involving 10 different
forest types on Federal Lands, under which the Secretary concerned
will provide technical assistance and grants to persons to support
the following biomass-related activities on Federal lands:
`(1) The development of biomass utilization infrastructure
to support hazardous fuel reduction and ecological forest
restoration.
`(2) The research and implementation of integrated
facilities that seek to utilize woody biomass for its
highest and best uses, with particular emphasis on projects
that are linked to implementing community wildfire
protection plans, ecological forest restoration, and
economic development in rural communities.
`(3) The testing of multiple technologies and approaches to
biomass utilization for energy, with emphasis on improving
energy efficiency, developing thermal applications and
distributed heat, biofuels, and achieving cleaner emissions
including through combustion with other alternative fuels,
as well as other value-added uses.
`(4) The study of biomass supply.
`(d) Biomass Supply Study- Prior to the development of any biomass
utilization pilot projects, the Secretary concerned shall develop
a study to determine the long-term, ecologically sustainable,
biomass supply available in the pilot program area. 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
evidenced by the broad involvement, analysis, and agreement of
interested persons, including local governments, energy
developers, conservationists, and land management agencies. The
results of the biomass supply study shall be a basis 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.
`(2) Federal land on which the removal of vegetation is
prohibited, including components of the National 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--
`(1) innovations in facilities of various sizes and
processing techniques; and
`(2) the full spectrum of woody biomass producing 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 Secretary concerned shall
consider criteria that evaluate existing economic, ecological, and
social conditions, focusing on opportunities such as workforce
training, job creation, ecosystem health, and reducing energy
costs. The agreement on the scale of a project shall be reached
through a collaborative 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 appropriate 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 Requirements- As part of the pilot
program, the Secretary concerned shall impose monitoring and
reporting requirements to ensure that the ecological, social, and
economic effects of the projects conducted under the pilot program
are being monitored and that the accomplishments, challenges, and
lessons of each project are recorded and reported.
`(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 create new markets,
stimulate existing ones, and improve rural economies,
maintains or improves ecosystem integrity, while also
supporting traditional biomass energy generation.
`(2) PILOT PROGRAM- The term `pilot program' means the
Biomass Utilization Pilot Program established pursuant to
this section.
`(3) SECRETARY CONCERNED- The term `Secretary concerned'
means the Secretary of Agriculture, 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.
`(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 described 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 Management Act of 1976 (43
U.S.C. 1702)), the surface 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 areas identified in the set
of inventoried roadless areas maps contained in the Forest
Service Roadless Areas Conservation, Final Environmental
Impact Statement, Volume 2, dated November 2000.
`(j) Authorization of Appropriations- There is authorized to be
appropriated such sums as may be necessary to carry out the pilot
program.'.
(b) Clerical Amendment- The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 210
and inserting the following new item:
`210. Biomass utilization pilot program.'.
TITLE IV--CARBON CAPTURE AND CLIMATE CHANGE MITIGATION
Subtitle A--Geological Sequestration Assessment
SEC. 401. SHORT TITLE.
This subtitle may be cited as the `National Carbon Dioxide Storage
Capacity Assessment Act of 2007'.
SEC. 402. NATIONAL ASSESSMENT.
(a) Definitions- In this section:
(1) ASSESSMENT- The term `assessment' means the national
assessment of capacity for carbon dioxide completed under
subsection (f).
(2) CAPACITY- The term `capacity' means the portion of a
storage formation that can retain carbon dioxide in
accordance with the requirements (including physical,
geological, and economic requirements) established under the
methodology developed under subsection (b).
(3) ENGINEERED HAZARD- The term `engineered hazard' includes
the location and completion history of any well that could
affect potential storage.
(4) RISK- The term `risk' includes any risk posed by
geomechanical, geochemical, hydrogeological, structural, and
engineered hazards.
(5) SECRETARY- The term `Secretary' means the Secretary of
the Interior, acting through the Director of the United
States Geological Survey.
(6) STORAGE FORMATION- The term `storage formation' means a
deep saline formation, unmineable coal seam, or oil or gas
reservoir that is capable of accommodating a volume of
industrial carbon dioxide.
(b) Methodology- Not later than 1 year after the date of enactment
of this Act, the Secretary shall develop a methodology for
conducting an assessment under subsection (f), taking into
consideration--
(1) the geographical extent of all potential storage
formations in all States;
(2) the capacity of the potential storage formations;
(3) the injectivity of the potential storage formations;
(4) an estimate of potential volumes of oil and gas
recoverable by injection and storage of industrial carbon
dioxide in potential storage formations;
(5) the risk associated with the potential storage
formations; and
(6) the Carbon Sequestration Atlas of the United States and
Canada that was completed by the Department of Energy in
April 2006.
(c) Coordination-
(1) FEDERAL COORDINATION-
(A) CONSULTATION- The Secretary shall consult with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency on issues of data
sharing, format, development of the methodology, and
content of the assessment required under this section
to ensure the maximum usefulness and success of the
assessment.
(B) COOPERATION- The Secretary of Energy and the
Administrator shall cooperate with the Secretary to
ensure, to the maximum extent practicable, the
usefulness and success of the assessment.
(2) STATE COORDINATION- The Secretary shall consult with
State geological surveys and other relevant entities to
ensure, to the maximum extent practicable, the usefulness
and success of the assessment.
(d) External Review and Publication- On completion of the
methodology under subsection (b), the Secretary shall--
(1) publish the methodology and solicit comments from the
public and the heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the
matters described in paragraphs (1) through (5) of
subsection (b) composed, as appropriate, of representatives
of Federal agencies, institutions of higher education,
nongovernmental organizations, State organizations,
industry, and international geoscience organizations to
review the methodology and comments received under paragraph
(1); and
(3) on completion of the review under paragraph (2), publish
in the Federal Register the revised final methodology.
(e) Periodic Updates- The methodology developed under this section
shall be updated periodically (including at least once every 5
years) to incorporate new data as the data becomes available.
(f) National Assessment-
(1) IN GENERAL- Not later than 2 years after the date of
publication of the methodology under subsection (d)(1), the
Secretary, in consultation with the Secretary of Energy and
State geological surveys, shall complete a national
assessment of capacity for carbon dioxide in accordance with
the methodology.
(2) GEOLOGICAL VERIFICATION- As part of the assessment under
this subsection, the Secretary shall carry out a drilling
program to supplement the geological data relevant to
determining storage capacity of carbon dioxide in geological
storage formations, including--
(A) well log data;
(B) core data; and
(C) fluid sample data.
(3) PARTNERSHIP WITH OTHER DRILLING PROGRAMS- As part of the
drilling program under paragraph (2), the Secretary shall
enter, as appropriate, into partnerships with other entities
to collect and integrate data from other drilling programs
relevant to the storage of carbon dioxide in geologic
formations.
(4) INCORPORATION INTO NATCARB-
(A) IN GENERAL- On completion of the assessment, the
Secretary of Energy shall incorporate the results of
the assessment using the NatCarb database, to the
maximum extent practicable.
(B) RANKING- The database shall include the data
necessary to rank potential storage sites for capacity
and risk, across the United States, within each State,
by formation, and within each basin.
(5) REPORT- Not later than 180 days after the date on which
the assessment is completed, the Secretary shall submit to
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing the findings
under the assessment.
(6) PERIODIC UPDATES- The national assessment developed
under this section shall be updated periodically (including
at least once every 5 years) to support public and private
sector decisionmaking.
(g) Authorization of Appropriations- There is authorized to be
appropriated to carry out this section $30,000,000 for the period
of fiscal years 2008 through 2012.
Subtitle B--Terrestrial Sequestration Assessment
SEC. 421. REQUIREMENT TO CONDUCT AN ASSESSMENT.
(a) In General- The Secretary of the Interior, acting through the
United States Geological Survey, shall--
(1) conduct an assessment of the amount of carbon stored in
terrestrial, aquatic, and coastal ecosystems (including
estuaries);
(2) determine the processes that control the flux of carbon
in and out of each ecosystem;
(3) estimate the potential for increasing carbon
sequestration in natural systems through management measures
or restoration activities in each ecosystem; and
(4) develop near-term and long-term adaptation strategies
that can be employed to enhance the sequestration of carbon
in each ecosystem.
(b) Use of Native Plant Species- In developing management
measures, restoration activities, or adaptation strategies, the
Secretary shall emphasize the use of native plant species for each
ecosystem.
(c) Consultation- The Secretary shall develop the methodology and
conduct the assessment in consultation with the Secretary of
Energy, the Administrator of the National Oceanic and Atmospheric
Administration, and the heads of other relevant agencies.
SEC. 422. METHODOLOGY.
(a) In General- Within 270 days after the date of enactment of
this Act, the Secretary shall develop a methodology for conducting
the assessment.
(b) Publication of Proposed Methodology; Comment- Upon completion
of a proposed methodology, the Secretary shall publish the
proposed methodology and solicit comments from the public and
heads of affected Federal and State agencies for 60 days before
publishing a final methodology.
SEC. 423. COMPLETION OF ASSESSMENT AND REPORT.
The Secretary shall--
(1) complete the national assessment within 2 years after
publication of the final methodology under section 422; and
(2) submit a report describing the results of the assessment
to the House Committee on Natural Resources and the Senate
Committee on Energy and Natural Resources within 180 days
after the assessment is completed.
Subtitle C--Sequestration Activities
SEC. 431. CARBON DIOXIDE STORAGE INVENTORY.
Section 354 of the Energy Policy Act of 2005 (42 U.S.C. 15910) is
amended by redesignating subsection (d) as subsection (e), and by
inserting after subsection (c) the following:
`(c) Records and Inventory- The Secretary of the Interior, acting
through the Bureau of Land Management, shall maintain records on
and an inventory of the amount of carbon dioxide stored from
Federal leases.'.
SEC. 432. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION ON FEDERAL
LANDS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report on a
recommended regulatory and certification framework for conducting
geological carbon sequestration activities on Federal lands. The
Secretary shall identify a lead agency within the Department of
the Interior to develop this framework. One of the goals of the
framework shall be to identify what actions need to be taken in
order to allow for commercial-scale geological carbon
sequestration activities to be undertaken on Federal lands as
expeditiously as possible.
Subtitle D--Wildlife Programs
*CHAPTER 1--NATIONAL POLICY AND STRATEGY*
SEC. 441. SHORT TITLE.
This chapter may be cited as the `Global Warming Wildlife Survival
Act'.
SEC. 442. NATIONAL POLICY ON WILDLIFE AND GLOBAL WARMING.
It is the policy of the Federal Government, in cooperation with
State, tribal, and affected local governments, other concerned
public and private organizations, landowners, and citizens to use
all practicable means and measures--
(1) to assist wildlife populations in adapting to and
surviving the effects of global warming; and
(2) to ensure the persistence and resilience of the wildlife
of the United States as an essential part of our Nation's
culture, landscape, and natural resources.
SEC. 443. DEFINITIONS.
In this chapter:
(1) ECOLOGICAL PROCESSES- The term `ecological processes'
means the biological, chemical, and physical interactions
between the biotic and abiotic components of ecosystems,
including nutrient cycling, pollination, predator-prey
relationships, soil formation, gene flow, hydrologic
cycling, decomposition, and disturbance regimes such as fire
and flooding.
(2) HABITAT LINKAGES- The term `habitat linkages' means
areas that connect wildlife habitat or potential wildlife
habitat, and that facilitate the ability of wildlife to move
within a landscape in response to the effects of global warming.
(3) SECRETARY- The term `Secretary' means the Secretary of
the Interior.
(4) WILDLIFE- The term `wildlife' means any species of wild,
free-ranging fauna including fish, and also fauna in captive
breeding programs the object of which is to reintroduce
individuals of a depleted indigenous species into previously
occupied range.
SEC. 444. NATIONAL STRATEGY.
(a) Requirement-
(1) IN GENERAL- The Secretary shall, within two years after
the date of the enactment of this Act, on the basis of the
best available science as provided by the science advisory
board under section 445, promulgate a national strategy for
mitigating the impacts of global warming on wildlife
populations in the United States.
(2) CONSULTATION AND COMMENT- In developing the national
strategy, the Secretary shall--
(A) consult with the Secretary of Agriculture, the
Secretary of Commerce, the Administrator of the
Environmental Protection Agency, State fish and
wildlife agencies, Indian tribes, local governments,
conservation organizations, scientists, and other
interested stakeholders; and
(B) provide opportunity for public comment.
(b) Contents-
(1) IN GENERAL- The Secretary shall include in the national
strategy prioritized goals and measures to--
(A) identify and monitor wildlife populations likely
to be adversely affected by global warming;
(B) identify and monitor coastal, marine, terrestrial,
and freshwater resources and habitat at greatest risk
of being damaged by global warming;
(C) assist species in adapting to the impacts of
global warming;
(D) protect, acquire, and restore wildlife habitat to
build resilience to global warming;
(E) provide habitat linkages and corridors to
facilitate wildlife movements in response to global
warming;
(F) restore and protect ecological processes that
sustain wildlife populations vulnerable to global
warming; and
(G) incorporate consideration of climate change in,
and integrate climate change adaptation strategies for
wildlife into, the planning and management of Federal
lands administered by the Department of the Interior
and lands administered by the Forest Service.
(2) COORDINATION WITH OTHER PLANS- In developing the
national strategy, the Secretary shall--
(A) take into consideration research and information
in State comprehensive wildlife conservation plans,
the North American Waterfowl Management Plan, the
National Fish Habitat Action Plan, and other relevant
wildlife conservation plans; and
(B) coordinate and integrate, to the extent
practicable and consistent with the policy set forth
in section 442, the goals and measures identified in
the national strategy with goals and measures
identified in such plans.
(c) Revision- The Secretary shall revise the national strategy not
later than five years after its initial promulgation, and not
later than every ten years thereafter, to reflect new information
on the impacts of global warming on wildlife and advances in the
development of strategies for adapting to or mitigating for such
impacts.
(d) Implementation-
(1) IMPLEMENTATION ON DEPARTMENT OF THE INTERIOR AND FOREST
SERVICE LANDS- To achieve the goals of the national strategy
and to implement measures for the conservation of wildlife
identified in the national strategy--
(A) the Secretary shall exercise the authority of such
Secretary under this and other Acts on lands
administered by the National Park Service, the United
States Fish and Wildlife Service, and the Bureau of
Land Management; and
(B) the Secretary of Agriculture shall exercise the
authority of such Secretary under this and other Acts
on lands administered by the Forest Service.
(2) WILDLIFE CONSERVATION PROGRAMS- Consistent with their
authorities under other laws, the Secretary, the Secretary
of Agriculture, and the Secretary of Commerce shall
administer wildlife conservation programs authorized under
other laws to achieve the goals of the national strategy and
to implement measures for the conservation of wildlife
identified in the national strategy.
SEC. 445. ADVISORY BOARD.
(a) Science Advisory Board-
(1) IN GENERAL- The Secretary shall establish and appoint
the members of a science advisory board comprised of not
less than ten and not more than twenty members recommended
by the President of the National 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 importance for the conservation
of wildlife populations affected by global warming,
and strategies and mechanisms to mitigate the impacts
of global warming on wildlife 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 subsection (b) and
review the quality of the research programs of the Center;
(C) advise the Secretary regarding the best science
available for purposes of section 444(a)(1).
(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 Warming 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 or
mitigation of such impacts; and
(B) provide scientific support to Federal land
management agencies and Federal wildlife agencies
regarding such issues.
(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, distribution, and behavior related
to global warming, including--
(1) conducting species inventories on Federal lands and in
marine areas within the exclusive economic zone of the
United States; and
(2) establishing and implementing robust, coordinated
monitoring programs.
SEC. 446. AUTHORIZATION OF APPROPRIATIONS.
(a) Implementation of National Strategy- Of the amounts
appropriated to carry out this chapter for each fiscal year--
(1) 45 percent are authorized to be made available to
Federal agencies to develop and implement the national
strategy promulgated under section 444 on Federal lands, of
which--
(A) 35 percent shall be allocated to the Department of
the Interior to--
(i) operate the National Global Warming and
Wildlife Science Center established under
section 445; and
(ii) carry out the policy set forth in section
442 and implement the national strategy on lands
within the National Park System, lands within
the National Wildlife Refuge System, and public
lands administered by the Bureau of Land
Management; and
(B) 10 percent shall be allocated to the Department of
Agriculture to carry out the policy set forth in
section 442 and implement the national strategy on
lands within the National Forest System;
(2) 25 percent are authorized to be made available to
Federal agencies to carry out the policy set forth in
section 442 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 wildlife programs
administered by the United States Fish and Wildlife
Service, other than operations and maintenance of the
national wildlife refuges;
(B) 8 percent shall be allocated to the Department of
the Interior for implementation of cooperative grant
programs benefitting wildlife including the
Cooperative Endangered Species Fund, Private
Stewardship Grants, the North American Wetlands
Conservation Act, the Neotropical Migratory Bird
Conservation Fund, and the National Fish Habitat
Action Plan, and used exclusively for activities that
address the impacts of global warming on wildlife and
its habitat; and
(C) 7 percent shall be allocated to the National
Oceanic and Atmospheric Administration to carry out
the policy set forth in section 442 and to implement
the national strategy through Federal programs for
conservation of fish and wildlife under its
jurisdiction; and
(3) 30 percent are authorized to be made available for
grants to States and Indian tribes through the State and
Tribal Wildlife Grants Program authorized under section 451,
to--
(A) be used exclusively to carry out activities that
address the impacts of global warming on wildlife in
accordance with State comprehensive wildlife
conservation plans developed and approved under that
program that contain explicit strategies for
addressing the impacts of global warming on wildlife; and
(B) revise existing State comprehensive wildlife
conservation plans as necessary to include specific
strategies for addressing the impacts of global
warming on wildlife.
(b) Availability-
(c) Intent of Congress- It is the intent of Congress that funding
provided to Federal agencies and States pursuant to this chapter
supplement, and not replace, existing sources of funding for
wildlife conservation.
*CHAPTER 2--STATE AND TRIBAL WILDLIFE GRANTS PROGRAM*
SEC. 451. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM.
(a) Authorization of Program- There is authorized to be
established a State and Tribal Wildlife Grants Program to be
administered by the Secretary of the Interior 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 Islands, American Samoa, and federally recognized
Indian 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 available 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 section;
(B) of the amounts remaining after the application of
subparagraph (A), and after the deduction of the
Secretary's administrative expenses to carry out this
section--
(i) not more than one-half of 1 percent shall be
allocated to each of the District of Columbia
and to the Commonwealth of Puerto Rico; and
(ii) not more than one-fourth of 1 percent shall
be allocated to each of Guam, American Samoa,
the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands;
(C) of the amount remaining after the application of
subparagraphs (B) and (C), the Secretary 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 fiscal 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 subparagraph that fiscal year; or
(B) more than 5 percent of such amount.
(c) Cost Sharing-
(1) PLAN DEVELOPMENT GRANTS- The Federal share of the costs
of developing a comprehensive wildlife conservation plan
shall not exceed 75 percent of the total costs of developing
such plan.
(2) PLAN IMPLEMENTATION GRANTS- The Federal share of the
costs of implementing an activity in an approved
comprehensive wildlife conservation 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 activity carried out under this section
shall not be paid with amounts derived from any Federal
grant program.
(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 comprehensive 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 associated
habitats, with appropriate priority placed on those
species with the greatest conservation need and taking
into consideration the relative level of funding
available for the conservation of those species.
(2) CONTENTS- The comprehensive wildlife conservation plan
must contain--
(A) information on the distribution and abundance of
species of wildlife, including low and declining
populations as the State , territory, or other
jurisdiction's fish and wildlife agency considers
appropriate, that are indicative of the diversity and
health of the jurisdiction's wildlife;
(B) the location and relative condition of key
habitats and community types essential to conservation
of species identified in subparagraph (A);
(C) descriptions of problems which may adversely
affect species identified in subparagraph (A) or their
habitats, and priority research and survey efforts
needed to identify factors that may assist in
restoration and improved conservation of these species
and habitats;
(D) descriptions of conservation actions proposed to
conserve the identified species and habitats and
priorities for implementing such actions;
(E) proposed plans for monitoring species identified
in subparagraph (A) and their habitats, for monitoring
the effectiveness of the conservation actions proposed
in subparagraph (D), and for adapting these
conservation actions to respond appropriately to new
information or changing conditions;
(F) descriptions of procedures to review the
comprehensive wildlife conservation plan at intervals
not to exceed ten years;
(G) plans for coordinating the development,
implementation, review, and revision of the
comprehensive wildlife conservation plan with Federal,
State, and local agencies and Indian tribes that
manage significant land and water areas within the
jurisdiction or administer programs that significantly
affect the conservation of identified species and
habitats; and
(H) provisions for broad public participation as an
essential element of the development, revision, and
implementation of the comprehensive wildlife
conservation plan.
(e) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section.
Subtitle E--Miscellaneous
SEC. 461. CLIMATE CHANGE ADAPTABILITY INTRA-GOVERNMENTAL PANEL.
(a) Establishment- The Secretary of the Interior shall establish a
Climate Change Adaptability Intra-Governmental Panel to address
the impacts of climate change on Federal lands, the ocean
environment, and the Federal water infrastructure under the
jurisdiction of the Secretary. The panel shall include the agency
heads from the following:
(1) The Bureau of Land Management.
(2) The National Park Service.
(3) United States Geological Survey.
(4) The Fish and Wildlife Service.
(5) The Forest Service.
(6) The National Oceanic and Atmospheric Administration.
(7) The Bureau of Reclamation.
(8) The Council on Environmental Quality.
(b) Plan- Not later than one year after the date of the enactment
of this Act, the Secretary of the Interior shall submit a plan to
Congress describing what each agency listed in subsection (a)
shall do to accomplish the following:
(1) Working in cooperation with the United States Geological
Survey, develop an intra-agency inventory and Geographic
Information System database of United States ecosystems,
water supplies, and water infrastructure vulnerable to
climate change.
(2) Request that the United States Geological Survey examine
impacts of climate change on wildlife through the GAP
analysis program to develop better information land
acquisition strategies.
(3) Manage land, water, and ocean resources during prolonged
periods of drought, changing hydrology, and in the case of
oceans, increasing ocean acidification.
(4) Proactively address and mitigate the impacts of climate
change on key ecosystems that are critical wildlife habitat
and watersheds.
(5) Develop consistent protocols to incorporate climate
change impacts in land and water management decisions across
land and water resources under the jurisdiction of those
agencies listed in subsection (a).
(6) Incorporate the most current, peer-reviewed science on
climate change and the economic, social, and ecological
impacts of climate change into the decision making process
of those agencies listed in subsection (a).
SEC. 462. OCEAN POLICY AND GLOBAL WARMING PROGRAM.
(a) In General- There is authorized to be established an Ocean
Policy and Global Warming Program to be administered by the
Secretary of Commerce. The purpose of the program is to support
coastal state and Federal agency efforts to--
(1) plan for and mitigate the impacts to the marine and
coastal environment from global warming and the development
of offshore alternative energy resources; and
(2) cooperate and collaborate to support improved and
enhanced ocean and coastal management in the United States.
(b) Allocation of Funding- Of the amounts made available for each
fiscal year to carry out the program, the Secretary shall
allocate, for the exclusive purpose of carrying out the activities
specified in subsection (a)--
(1) 40 percent to the National Oceanic and Atmospheric
Administration for allocation to coastal states based on the
formula established in subsection (c);
(2) 40 percent to the National Oceanic and Atmospheric
Administration; and
(3) 20 percent to support regional collaboratives intended
to improve and enhance ocean and coastal management and that
include Federal, State, and local entities.
(c) Allocation of Funds- Funds made available under subsection
(b)(1) shall be allocated according to the formula established in
regulation pursuant to section 306(c) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455(c)).
(d) Intent of Congress to Supplement Annual Appropriations-
Amounts appropriated under this section are intended by Congress
to supplement, not detract from or replace, other annual
appropriations for Federal agencies and coastal states receiving
funding under this section.
(e) Definition of Coastal State- The term `coastal state' has the
meaning it has in section 304(4) (c) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4)).
SEC. 463. PLANNING FOR CLIMATE CHANGE IN THE COASTAL ZONE.
(a) In General- The Coastal Zone Management Act of 1972 (16 U.S.C.
1451 et seq.) is amended by adding at the end the following:
`CLIMATE CHANGE RESILIENCY PLANNING
`Sec. 320. (a) In General- The Secretary shall establish
consistent with the national policies set forth in section 303 a
coastal climate change resiliency planning and response program to
`(1) provide assistance to coastal states to voluntarily
develop coastal climate change resiliency plans as
amendments to management programs approved under section
306, to prepare for and reduce the negative consequences
that may result from climate change in the coastal zone; and
`(2) provide financial and technical assistance to enable
coastal states to implement plans developed pursuant to this
section through coastal states' enforceable policies.
`(b) Guidelines- Within 180 days after the date of enactment of
this section, the Secretary, in consultation with the coastal
states, shall issue guidelines for the implementation of the grant
program established under subsection (c).
`(c) Climate Change Resiliency Planning Grants-
`(1) IN GENERAL- The Secretary, subject to the availability
of appropriations, may make a grant to any coastal state for
the purpose of developing climate change resiliency plans
pursuant to guidelines issued by the Secretary under
subsection (b).
`(2) PLAN CONTENT- A plan developed with a grant under this
section shall include the following:
`(A) Identification of public facilities and public
services, coastal resources of national significance,
coastal waters, energy facilities, or other water uses
located in the coastal zone that are likely to be
impacted by climate change.
`(B) Adaptive management strategies for land use to
address non-climate change stresses that inhibit the
ability of the coastal zone to respond or adapt to
changing environmental conditions, including
strategies to protect biodiversity and establish
habitat buffer zones, migration corridors, and climate
refugia.
`(C) Requirements to initiate and maintain long-term
monitoring of environmental change to assess coastal
zone resiliency and to adjust when necessary adaptive
management strategies to attain the policies under
section 303.
`(3) ALLOCATION- Grants under this section shall be
available only to coastal states with management programs
approved by the Secretary under section 306 and shall be
allocated among such coastal states in a manner consistent
with regulations promulgated pursuant to section 306(c).
`(4) PRIORITY- In the awarding of grants under this
subsection the Secretary may give priority to any coastal
state that has received grant funding to develop program
changes pursuant to paragraphs (1), (2), (3), (5), (6), (7),
and (8) of section 309(a).
`(5) TECHNICAL ASSISTANCE- The Secretary may provide
technical assistance to a coastal state consistent with
section 310 to ensure the timely development of plans
supported by grants awarded under this subsection.
`(6) FEDERAL APPROVAL- In order to be eligible for a grant
under subsection (d), a coastal state must have its plan
developed under this section approved by the Secretary under
regulations adopted pursuant to section 306(e).
`(d) Coastal Resiliancy Project Grants-
`(1) IN GENERAL- The Secretary, subject to the availability
of appropriations, may make grants to any coastal state that
has a climate change resiliency plan approved under
subsection (c)(6), in order to support projects that
implement strategies contained within such plans.
`(2) PROGRAM REQUIREMENTS- The Secretary within 90 days
after approval of the first plan approved under subsection
(c)(6), shall publish in the Federal Register requirements
regarding applications, eligible activities and all terms
and conditions for grants awarded under this subsection.
`(3) ELIGIBLE ACTIVITES- The Secretary may award grants to
coastal states to implement projects in the coastal zone to
address stress factors in order to improve coastal climate
change resiliency, including the following:
`(A) Physical disturbances within the coastal zone,
especially activities related to public facilities and
public services, tourism, sedimentation, and other
factors negatively impacting coastal waters, and
fisheries-associated habitat destruction or alteration.
`(B) Monitoring, control, or eradication of disease
organisms and invasive species.
`(C) Activities to address the loss, degradation or
fragmentation of wildlife habitat through projects to
establish marine and terrestrial habitat buffers,
wildlife refugia or networks thereof, and preservation
of migratory wildlife corridors and other transition
zones.
`(D) Implementation of projects to reduce, mitigate,
or otherwise address likely impacts caused by natural
hazards in the coastal zone, including sea level rise,
coastal inundation, coastal erosion and subsidence,
severe weather events such as cyclonic storms,
tsunamis and other seismic threats, and fluctuating
Great Lake water levels.'.
(b) Authorization of Appropriations- Section 318(a) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1464) is further amended by
adding at the end the following:
`(4) for grants under section 320 (c) and (d), such sums as
are necessary.'.
SEC. 464. ENHANCING CLIMATE CHANGE PREDICTIONS.
(a) Short Title- This section may be cited as the `National
Integrated Coastal and Ocean Observation Act of 2007'.
(b) Purposes- The purposes of this section are the following:
(1) Establish a National Integrated Coastal and Ocean
Observation System comprised of Federal and non-Federal
components, coordinated at the regional level by a network
of Regional Information Coordination Entities, that includes
in situ, remote, and other coastal and ocean observations,
technologies, and data management and communication systems,
to gather daily specific coastal and ocean data variables
and to ensure the timely dissemination and availability of
usable observation data to support national defense, marine
commerce, energy production, scientific research,
ecosystem-based marine and coastal resource management, and
public safety and to promote the general public welfare.
(2) Improve the Nation's capability to measure, track,
explain, and predict events related directly and indirectly
to climate change, natural climate variability, and
interactions between the oceanic and atmospheric
environments, including the Great Lakes.
(3) Authorize activities to promote basic and applied
research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies,
modeling systems, and other scientific and technological
capabilities to improve our conceptual understanding of
global climate change and physical, chemical, and biological
dynamics of the ocean and coastal and Great Lakes environments.
(4) Institutionalize coordinated programs of public
outreach, education, and training--
(A) to enhance public understanding of the ocean,
coastal and Great Lakes environment, the influence and
effects of global climate change on the coastal and
ocean environment; and
(B) to promote greater public awareness and
stewardship of the Nation's ocean, coastal, and Great
Lakes resources.
(c) Definitions- In this section:
(1) COUNCIL- The term `Council' means the National Ocean
Research Leadership Council referred to in section 7902 of
title 10, United States Code.
(2) ADMINISTRATOR- The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(3) FEDERAL ASSETS- The term `Federal assets' means all
relevant non-classified civilian coastal and ocean
observations, technologies, and related modeling, research,
data management, basic and applied technology research and
development, and public education and outreach programs,
that are managed by member agencies of the Council.
(4) NON-FEDERAL ASSETS- The term `non-Federal assets' means
all relevant coastal and ocean observations, technologies,
related basic and applied technology research and
development, and public education and outreach programs
managed through States, regional organizations,
universities, nongovernmental organizations, or the private
sector.
(5) REGIONAL INFORMATION COORDINATION ENTITIES-
(A) IN GENERAL- The term `Regional Information
Coordination Entity', subject to subparagraphs (B) and
(C), means an organizational body that is certified or
established by the lead Federal agency designated in
subsection (d)(3)(C)(iii) and coordinating State,
Federal, local, and private interests at a regional
level with the responsibility of engaging the private
and public sectors in designing, operating, and
improving regional coastal and ocean observing systems
in order to ensure the provision of data and
information that meet the needs of user groups from
the respective regions.
(B) INCLUDED ASSOCIATIONS- Such term includes Regional
Associations as described by the System Plan.
(C) LIMITATION- Nothing in this section shall be
construed to invalidate existing certifications,
contracts, or agreements between Regional Associations
and other elements of the System.
(6) SECRETARY- The term `Secretary' means the Secretary of
Commerce.
(7) SYSTEM- The term `System' means the National Integrated
Coastal and Ocean Observation System established under
subsection (d).
(8) SYSTEM PLAN- The term `System Plan' means the plan
contained in the document entitled `Ocean.US publication #9,
The First Integrated Ocean Observing System (IOOS)
Development Plan'.
(9) INTERAGENCY WORKING GROUP- The term `Interagency Working
Group' means the Interagency Working Group on Ocean
Observations as established by the U.S. Ocean Policy
Committee Subcommittee on Ocean Science and Technology
pursuant to Executive Order 13366 signed December 17, 2004.
(d) National Integrated Coastal and Ocean Observing System-
(1) ESTABLISHMENT- The President, acting through the
Council, shall establish a National Integrated Coastal and
Ocean Observation System to fulfill the purposes set forth
in subsection (b) and the System plan and to fulfill the
Nation's international obligations to contribute to the
global earth observation system of systems and the global
ocean observing system.
(2) SUPPORT OF PURPOSES- The head of each agency that is a
member of the Interagency Working Group shall support the
purposes of this section.
(3) AVAILABILITY OF DATA- The head of each Federal agency
that has administrative jurisdiction over a Federal asset
shall make available data that are produced by that asset
and that are not otherwise restricted for integration,
management, and dissemination by the System.
(4) ENHANCING ADMINISTRATION AND MANAGEMENT- The head of
each Federal agency that has administrative jurisdiction
over a Federal asset may take appropriate actions to enhance
internal agency administration and management to better
support, integrate, finance, and utilize observation data,
products, and services developed under this section to
further its own agency mission and responsibilities.
(5) PARTICIPATION IN REGIONAL INFORMATION COORDINATION
ENTITY- The head of each Federal agency that has
administrative jurisdiction over a Federal asset may
participate in regional information coordination entity
activities.
(6) NON-FEDERAL ASSETS- Non-Federal assets shall be
coordinated by the Interagency Working Group or by Regional
Information Coordination Entities.
(e) Policy Oversight, Administration, and Regional Coordination-
(1) NATIONAL OCEAN RESEARCH LEADERSHIP COUNCIL- The National
Ocean Research Leadership Council shall be responsible for
establishing broad coordination and long-term operations
plans, policies, protocols, and standards for the System
consistent with the policies, goals, and objectives
contained in the System Plan, and coordination of the System
with other earth observing activities.
(2) INTERAGENCY WORKING GROUP- The Interagency Working Group
shall, with respect to the System, be responsible for--
(A) implementation of operations plans and policies
developed by the Council;
(B) development of an annual coordinated,
comprehensive System budget;
(C) identification of gaps in observation coverage or
needs for capital improvements of both Federal assets
and non-Federal assets;
(D) establishment of data management and communication
protocols and standards;
(E) establishment of required observation data variables;
(F) development of certification standards for all
non-Federal assets or Regional Information
Coordination Entities to be eligible for integration
into the System; and
(G) periodically review and recommned to the Council
revisions to the System plan.
(3) LEAD FEDERAL AGENCY- The Secretary, acting through the
Administrator, shall function as the lead Federal agency for
the System. The Secretary, through the Administrator, may
establish an Interagency Program Coordinating Office to
facilitate the Secretary's responsibilities as the lead
Federal agency for System oversight and management. The
Administrator shall--
(A) implement policies, protocols, and standards
established by the Council and delegated by the
Interagency Working Group;
(B) promulgate regulations to integrate the
participation of non-Federal assets into the System
and enter into and oversee contracts and agreements
with Regional Information Coordination Entities to
effect this purpose;
(C) implement a competitive funding process for the
purpose of assigning contracts and agreements to
Regional Information Coordination Entities;
(D) certify or establish Regional Information
Coordination Entities to coordinate State, Federal,
local, and private interests at a regional level with
the responsibility of engaging private and public
sectors in designing, operating, and improving
regional coastal and ocean observing systems in order
to ensure the provision of data and information that
meet the needs of user groups from the respective regions;
(E) formulate a process by which gaps in observation
coverage or needs for capital improvements of Federal
assets and non-Federal assets of the System can be
identified by the Regional Information Coordination
Entities, the Administrator, or other members of the
System and transmitted to the Interagency Working Group;
(F) be responsible for the coordination, storage,
management, and communication of observation data
gathered through the System to all end-user communities;
(G) subject to the availability of appropriations and
pursuant to procedures adopted by the Administrator
after consultation with the working group and the
system advisory panel, implement a competitive
matching grant or other grant program to promote
research and development of innovative and new
observation technologies, including testing and field
trials;
(H) implement a program of public education and
outreach to improve public awareness of global climate
change and effects on the ocean, coastal, and Great
Lakes environment; and
(I) report annually to the Council through the
Interagency Working Group on the accomplishments,
operational needs, and performance of the System to
achieve the purposes of this Act and the System plan.
(4) REGIONAL INFORMATION COORDINATION ENTITY- To be
certified or established under paragraph (3)(D), a Regional
Information Coordination Entity must be certified or
established by contract or agreement by the Administrator,
and must agree to--
(A) gather required System observation data and other
requirements specified under this section and the
System plan;
(B) identify gaps in observation coverage or needs for
capital improvements of Federal assets and non-Federal
assets of the System, and transmit such information to
the Interagency Working Group via the Administrator;
(C) demonstrate an organizational structure and
strategic operational plan to ensure the efficient and
effective administration of programs and assets to
support daily data observations for integration into
the System;
(D) comply with all financial oversight requirements
established by the Administrator, including
requirements relating to audits; and
(E) demonstrate a capability to work with other
governmental and nongovernmental entities at all
levels to identify and provide information products of
the System for multiple users within the service area
of the Regional Information Coordination Entities and
otherwise.
(5) SYSTEM ADVISORY PANEL- The Secretary, through the
Administrator, may establish and appoint an advisory panel
to advise the Council on the operations, management, and
needs of the System. The appointment of this panel shall be
done in consultation with the Interagency Working Group.
Panel membership shall be broadly representative of all
stakeholders and the user community of the System.
(6) CIVIL LIABILITY- For purposes of determining liability
arising from the dissemination and use of observation data
gathered pursuant to this section, any non-Federal asset or
Regional Information Coordination Entity that is certified
under paragraph (3)(D) and that is participating in the
System shall be considered to be part of the National
Oceanic and Atmospheric Administration. Any employee of such
a non-Federal asset or Regional Information Coordination
Entity, while operating within the scope of his or her
employment in carrying out the purposes of this section,
with respect to tort liability, is deemed to be an employee
of the Federal Government.
(f) Interagency Financing, Grants, Contracts, and Agreements-
(1) IN GENERAL- The member departments and agencies of the
Council, subject to the availability of appropriations, may
participate in interagency financing and share, transfer,
receive, obligate, and expend funds appropriated to any
member agency for the purposes of carrying out any
administrative or programmatic project or activity to
further the purposes of this section, including support for
the Interagency Working Group, the Interagency Coordinating
Program Office, a common infrastructure, and integration to
expand or otherwise enhance the System.
(2) JOINT CENTERS AND AGREEMENTS- Member Departments and
agencies of the Council shall have the authority to create,
support, and maintain joint centers, and to enter into and
perform such contracts, leases, grants, cooperative
agreements, or other transactions as may be necessary to
carry out the purposes of this section and fulfillment of
the System Plan.
(g) Application With Other Laws- Nothing in this section
supersedes or limits the authority of any agency to carry out its
responsibilities and missions under other laws.
(h) Report to Congress- Two years after the date of enactment of
this Act, and biennially thereafter, the Secretary through the
Council shall submit to the Congress a report on the performance
of the System, achievement of the purposes and objectives of this
section and the System plan, and recommendations for operational
improvements to enhance the efficiency, accuracy, and overall
capability of the System.
SEC. 465. NOAA REPORT ON CLIMATE CHANGE EFFECTS; PREPARATION
ASSISTANCE.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)
is amended by adding at the end the following:
`REPORT ON EFFECTS OF CLIMATE CHANGE
`Sec. 320. (a) In General- The Secretary shall report to the
Congress not later than 2 years after the date of enactment of
this section, and every 5 years thereafter, on the possible and
projected impacts of climate change on--
`(1) oceanic and coastal ecosystems, including marine fish
and wildlife and their habitat, and the commercial and
recreational fisheries and tourism industries associated
with them; and
`(2) coastal communities, including private residential and
commercial development and public infrastructure in the
coastal zone.
`(b) Contents- Each report under this section shall include
information regarding--
`(1) the impacts that may be due to climate change that have
occurred as of the date of the submission of the report; and
`(2) the projected future impacts of climate change.
`(c) Impacts- The impacts reported on under subsection (b) shall
include any--
`(1) increases in sea level;
`(2) increases in storm activity and intensity;
`(3) increases in floods, droughts, and other extremes of
weather;
`(4) increases in the temperature of the air and the water
on oceanic and coastal ecosystems, with a particular focus
on vulnerable fisheries and ecosystems; and
`(5) changes in the acidity of the ocean surface associated
with an increase in concentration of carbon dioxide in the
atmosphere.'.
/END/
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