H.R. 2337 (110th): Energy Policy Reform and Revitalization Act of 2007

110th Congress, 2007–2009. Text as of May 16, 2007 (Reported by House Committee).

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IB

Union Calendar No. 186

110th CONGRESS

1st Session

H. R. 2337

[Report No. 110–296, Part I]

IN THE HOUSE OF REPRESENTATIVES

May 16, 2007

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

August 3, 2007

Additional sponsors: Mr. Grijalva, Mrs. Napolitano, Mrs. Christensen, Mr. Hinchey, Ms. Bordallo, Mr. Inslee, and Mr. Baca

August 3, 2007

Reported from the Committee on Natural Resources with an amendment

Strike out all after the enacting clause and insert the part printed in italic

August 3, 2007

Committees on Agriculture and Science and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on May 16, 2007

A BILL

To promote energy policy reforms and public accountability, alternative energy and efficiency, and carbon capture and climate change mitigation, and for other purposes.

1.

Short title

This Act may be cited as the Energy Policy Reform and Revitalization Act of 2007.

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. Fiscally responsible energy amendments.

Sec. 102. Extension 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. Limitation 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—Wind energy

Sec. 231. Wind Turbine Guidelines Advisory Committee.

Sec. 232. Authorization of appropriations for research to study wind energy impacts on wildlife.

Sec. 233. Enforcement.

Sec. 234. Savings clause.

Subtitle E—Enhancing energy transmission

Sec. 241. Power Marketing Administrations report.

Title III—Alternative energy and efficiency

Sec. 301. State ocean and coastal alternative energy planning.

Sec. 302. Canal-side power production at Bureau of Reclamation projects.

Sec. 303. Increasing energy efficiencies for water desalination.

Sec. 304. Establishing a pilot program for the development of strategic solar reserves on Federal lands.

Sec. 305. OTEC regulations.

Sec. 306. Biomass utilization pilot program.

Sec. 307. Programmatic environmental impact statement.

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.

Sec. 424. Authorization of appropriations.

Subtitle C—Sequestration activities

Sec. 431. Carbon dioxide storage inventory.

Sec. 432. Framework for geological carbon sequestration on Federal lands.

Subtitle D—Natural Resources and Wildlife Programs

Chapter 1—Natural Resources Management and Climate Change

Sec. 441. Interagency Council on Climate Change.

Chapter 2—National Policy and Strategy for Wildlife

Sec. 451. Short title.

Sec. 452. National policy on wildlife and global warming.

Sec. 453. Definitions.

Sec. 454. National strategy.

Sec. 455. Advisory board.

Sec. 456. Authorization of appropriations.

Chapter 3—State and tribal wildlife grants program

Sec. 461. State and Tribal Wildlife Grants Program.

Subtitle E—Ocean Programs

Sec. 471. Ocean Policy, Global Warming, and Acidification Program.

Sec. 472. Planning for climate change in the coastal zone.

Sec. 473. Enhancing climate change predictions.

Title V—Additional provisions

Sec. 501. Sharing of penalties.

Sec. 502. Sharing of fees.

Sec. 503. Oil shale community impact assistance.

Sec. 504. Additional notice requirements.

I

Energy Policy Act of 2005 Reforms

101.

Fiscally responsible energy amendments

(a)

Requirement To establish cost recovery fee

Section 365(i) of the Energy Policy Act of 2005 (Public Law 109–58; 42 U.S.C. 15924(i)) is amended to read as follows:

(i)

Fee for applications for permits to drill

(1)

Requirement To establish cost recovery fee

The Secretary of the Interior shall promulgate regulations to establish a cost recovery fee for applications for a permit to drill for oil and gas on Federal lands administered by the Secretary.

(2)

Temporary fee

Until such time as a fee is established by such regulations, the Secretary shall charge a cost recovery fee of $1,700 for each such application received on or after October 1, 2007.

.

(b)

Repeal of BLM Permit Processing Improvement Fund

(1)

Repeal

Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by striking subsection (c).

(2)

Treatment of balance

Any balances remaining in the BLM Permit Processing Improvement Fund on the effective date of this subsection shall be transferred to the general fund of the Treasury of the United States.

(3)

Effective date

This subsection shall take effect on October 1, 2007.

102.

Extension of deadline for consideration of applications for permits

Subsection (p)(2) of section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by striking 30 and inserting 90.

103.

Energy rights-of-way corridors on Federal land

(a)

Repeal of requirements To designate energy rights-of-way corridors on Federal land

Section 368 of the Energy Policy Act of 2005 (Public Law 109–58; 42 U.S.C.15926) is amended—

(1)

in subsection (a), by striking Not later than 2 years after the date of enactment of this Act, the and inserting The; and

(2)

in subsection (b), by striking Not later than 4 years after the date of enactment of this Act, the and inserting The.

(b)

Study

(1)

Study

Not later than 6 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, carbon dioxide captured from coal-fired powerplants and coal-to-liquids plants, liquid fuels derived from coal, oil, gas, and hydrogen;

(B)

barriers to access for transmission from renewable energy sources, such as large and small conventional hydropower, 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 a corridor, any area that is—

(i)

within one mile of any place designated or otherwise identified by State or Federal law or any applicable Federal or State land use plan for recognition or protection of scenic, natural, cultural, or historic resources; or

(ii)

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 or State 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, hydropower, biomass, hydrogen, geothermal, 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 (Public Law 109–58) as in effect prior to the enactment of this Act, and shall not authorize specific rights-of-way or projects in such corridors, until the study under subsection (b) 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 shall 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.

(d)

Authority To authorize rights-of-way

Nothing in this section shall limit the ability of the Secretaries to authorize rights-of-way for energy transmission projects that are consistent with the governing land use plan, after completion of environmental analysis and compliance with applicable laws.

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).

105.

Limitation of rebuttable presumption regarding application of categorical exclusion under NEPA for oil and gas exploration and development activities

Section 390 of the Energy Policy Act of 2005 (Public Law 109–58; 42 U.S.C. 15942) is amended—

(1)

in subsection (b)(3), by inserting , other than at such a location or site in an area that is crucial wildlife habitat or a significant wildlife corridor after activity ; and

(2)

by adding at the end the following:

(c)

Adherence to CEQ regulations

In administering this section, the Secretary of the Interior in managing the public lands, and the Secretary of Agriculture in managing National Forest System lands, shall adhere to the regulations issued by the Council on Environmental Quality relating to categorical exclusions (40 C.F.R. 1507.3 and 1508.4), as in effect on the date of enactment of this Act.

.

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, except in the case of an emergency; and

(2)

create an incentive for oil and gas operators to adopt best management practices that minimize adverse impacts to wildlife habitat, by providing expedited permit review for any operator that commits to adhering to those practices without seeking waiver of such stipulations.

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(b) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1465(b)) is amended—

(1)

in paragraph (1), by striking 160-day and inserting 320-day;

(2)

in paragraph (3)(A)—

(A)

by striking 160-day and inserting 320-day; and

(B)

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..

II

Federal energy public accountability, integrity, and public interest

A

Accountability and integrity in the Federal energy program

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.

.

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.

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:

109.

Civil penalties

(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 up to $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

(2)

by striking the second sentence.

B

Amendments to Federal Oil and Gas Royalty Management Act of 1982

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 provisions of section 102(a) of this Act); and

(6)

in paragraph (26), by striking (with notice to the lessee who designated the designee).

212.

Interest

(a)

Estimated payments; interest on amount of underpayment

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 owed 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.

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 by adding at the end the following:

(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.

.

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)

Subpoenas

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).

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.

.

C

Public interest in the Federal Energy Program

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.);

(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 have 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 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.

(e)

Regulations

The Secretary shall issue regulations implementing this section by not later than 1 year after the date of the enactment of this Act.

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:

(q)

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 or State 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.

(r)

Reclamation bond or other financial assurances

An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall post a bond or other financial assurances that cover the reclamation of 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 or other financial assurances to cover such increments in accordance with this section. The amount of the bond or other financial assurances 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 or other financial assurances 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.

(s)

Regulations

No later than one year after the date of the enactment of this subsection, the Secretary shall promulgate regulations to implement the requirements, including for the release of bonds or other financial assurances, of subsections (q) and (r).

.

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:

(t)

Water requirements

(1)

In general

An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall—

(A)

remediate or 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 permit to drill submitted pursuant to a lease issued under this Act 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.

(c)

Regulations

No later than one year after the date of the enactment of this Act, the Secretary of the Interior shall promulgate regulations to implement this section.

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. Such fee shall apply with respect to lands that are subject to such a lease that is in effect on the date final regulations are promulgated under this subsection or that is issued thereafter.

(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. Amounts received by the United States as fees under this section shall be treated as offsetting receipts. Amounts received by the United States in the form of the fee established under this section from nonproducing coal leases shall also be available to the Secretary of the Interior for any coal-to-liquids programs or pilot projects funded in whole or in part by the Federal Government.

D

Wind energy

231.

Wind Turbine Guidelines Advisory Committee

(a)

In general

The Secretary of the Interior, within 30 days after the date of enactment of this Act, shall convene or utilize an existing Wind Turbine Guidelines Advisory Committee to study and make recommendations to the Secretary on guidance for avoiding or minimizing impacts to wildlife and their habitats related to land-based wind energy facilities. The matters assessed by the Committee shall include the following:

(1)

The Service Interim Guidance on Avoiding and Minimizing Wildlife Impacts from Wind Turbines of 2003.

(2)

Balancing potential impacts to wildlife with requirements for acquiring the information necessary to assess those impacts prior to selecting sites and designing facilities.

(3)

The scientific tools and procedures best able to assess pre-development risk or benefits provided to wildlife, measure post-development mortality, assess behavioral modification, and provide compensatory mitigation for unavoidable impacts.

(4)

A process for coordinating State, tribal, local, and national review and evaluation of the impacts to wildlife from wind energy consistent with State and Federal laws and international treaties.

(5)

Determination of project size thresholds or impacts below which guidelines may not apply.

(6)

Appropriate timetables for phasing-in guidance.

(7)

Current State actions to avoid and minimize wildlife impacts from wind turbines in consultation with State wildlife agencies.

(b)

Committee operations

The Wind Turbine Guidelines Advisory Committee shall conduct its activities in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The Secretary is authorized to provide such technical analyses and support as is requested by such advisory committee.

(c)

Committee membership

The membership of the Wind Turbine Guidelines Advisory Committee shall not exceed 20 members, and shall be appointed by the Secretary of the Interior to achieve balanced representation of wind energy development, wildlife conservation, and government. The members shall include representatives from the United States Fish and Wildlife Service and other Federal agencies, and representatives from other interested persons, including States, tribes, wind energy development organizations, nongovernmental conservation organizations, and local regulatory or licensing commissions.

(d)

Report

The Wind Turbine Advisory Committee shall, within 18 months after the date of enactment of this Act, submit a report to Congress and the Secretary providing recommended guidance for developing effective measures to protect wildlife resources and enhance potential benefits to wildlife that may be identified.

(e)

Issuance of guidance

Not later than 6 months after receiving the report of the Wind Turbine Guidelines Advisory Committee under subsection (d), the Secretary shall following public notice and comment issue final guidance to avoid and minimize impacts to wildlife and their habitats related to land-based wind energy facilities. Such guidance shall be based upon the findings and recommendations made in the report.

232.

Authorization of appropriations for research to study wind energy impacts on wildlife

There is authorized to be appropriated to the Secretary of the Interior $2,000,000 for each of fiscal years 2008 through 2015 for new and ongoing research efforts to evaluate methods for minimizing wildlife impacts at wind energy projects and to explore effective mitigation methods that may be utilized for that purpose.

233.

Enforcement

The Secretary shall enforce 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, the National Environmental Policy Act of 1969, and any other relevant Federal law to address adverse wildlife impacts related to wind projects. Nothing in this section preempts State enforcement of applicable State laws.

234.

Savings clause

Nothing in this subtitle preempts any provision of State law or regulation relating to the siting of wind projects or to consideration or review of any environmental impacts of wind projects.

E

Enhancing energy transmission

241.

Power Marketing Administrations report

(a)

Analysis

The Secretary of Energy, acting through the Administrators of the Bonneville and Western Area Power Marketing Administrations and in coordination with regional transmission entities, shall conduct, or participate with such regional transmission entities to conduct, an analysis of the existing capacity of transmission systems serving the States of California, Oregon, and Washington to determine whether the existing capacity is adequate to accommodate and integrate 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 systems serving the States referred to in subsection (a) in order to reliably and efficiently accommodate and integrate generation from commercial ocean wave, tidal, and current energy projects in aggregate, escalating amounts equal to 2.5, 5, and 10 percent of the current electrical energy consumption in those States.

(c)

Limitation on implementation of changes

The Secretary of Energy shall not implement any changes identified in the report under subsection (b) until the Secretary determines that transmission capacity backlogs associated with other renewable energies and existing at the time the report is issued have been accommodated and integrated within transmission systems serving the States of California, Oregon, and Washington.

(d)

Activities nonreimbursable

Activities carried out under subsection (a) or (b) shall be nonreimbursable.

(e)

Existing procedures and queuing not affected

Nothing in this section supercedes existing procedures and queuing pursuant to the appropriate Open Access Transmission Tariffs filed by the Administrators of the Bonneville and Western Area Power Administrations.

III

Alternative energy and efficiency

301.

State ocean and coastal 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:

306B.

Ocean and coastal alternative energy State surveys; alternative energy site identification and planning

(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 coastal State waters and Federal waters adjacent to a State’s coastal zone, in consultation with the Minerals Management Service, to identify potential areas suitable or unsuitable 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 may 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 outer Continental Shelf and identification of potential conflicts;

(5)

inventories and surveys of shore locations and infrastructure capable of supporting alternative energy development;

(6)

inventories and surveys of offshore locations and infrastructure capable of supporting alternative energy development; and

(7)

other actions as may be necessary.

(c)

Participation and cooperation

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 for surveys of a State’s coastal waters, 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.

(3)

Limitation

The Secretary shall not require any matching funds for surveys of Federal waters adjacent to a State’s coastal zone.

(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 pursuant to State or Federal law.

(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. Any area that is identified as unsuitable under surveys developed with assistance under this section shall be avoided by Federal agencies to the maximum extent practicable.

(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)(C) 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

.

302.

Canal-side power production at Bureau of Reclamation projects

(a)

Evaluation and report

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.

(b)

Consultation

In carrying out this section the Secretary of the Interior shall consult with persons that would be affected by development of rights-of-ways referred to in subsection (a), including the beneficiaries of the canal and infrastructure evaluated under that subsection.

(c)

Limitations

Nothing in this section—

(1)

shall be construed to authorize the Bureau of Reclamation or any contractor hired by the Bureau of Reclamation to inventory or access rights-of-way owned or operated and maintained by non-Federal interests, unless such interests provide written permission for such inventory or an agreement or contract governing Federal access is in effect;

(2)

shall be construed to impede accessibility, impair project operations and maintenance, or create additional costs for entities managing the rights-of-way; or

(3)

shall be used as the basis of an increase in project-use power or preference power costs that will be borne by the consumer.

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:

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, water contamination, 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 or utilize renewable energy sources at existing and future desalination and recycling facilities; and

(2)

an analysis of the economic viability of energy efficiency technologies.

.

304.

Establishing a pilot program for the development of strategic solar reserves on Federal lands

(a)

Purpose

The purpose of this section is 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 25 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.

(D)

Identify the needed transmission upgrades to the solar reserves.

(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 not 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 leasing program

(A)

In general

The Secretary of the Interior, in consultation with the Secretary of Energy and following the completion of the requirements under paragraph (1)(B), shall expeditiously implement a strategic solar reserve leasing program in order to lease lands identified under paragraph (1)(A) to produce no less than 4 GW and no more than 25 GW of concentrating solar power from those lands.

(B)

Criteria for applications

The Secretary of the Interior, in consultation with the Secretary of Energy, shall establish criteria for approving applications to lease lands under this paragraph based, in part, on the proposed concentrating solar power technologies proposed to be used under such leases.

(C)

Variety of technologies

The Secretary of the Interior, in consultation with the Secretary of Energy, shall provide for a variety of concentrating solar power technologies to be used under leases under this paragraph.

(D)

Milestones

The Secretary of the Interior, in consultation with the Secretary of Energy, shall develop milestones for activities under leases under this subsection to ensure due diligence in the development of lands under such leases.

(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 and 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 the Interior for concentrating solar power on Federal lands.

(7)

Rental fees; lease term

The rental fee for each strategic solar reserve right-of-way authorization under this subsection shall be established at $300 per acre during the 10-year period beginning on the date of the enactment of this Act. Rental fees after such period shall be established by regulations promulgated by the Secretary of the Interior and shall be adjusted by the Secretary each 5 years thereafter. The rental fee shall 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. The rental fees established in this section shall apply to all concentrating solar power projects that have pending applications with the Bureau of Land Management as of June 1, 2007.

(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

Beginning 3 years after the date of enactment of this Act, any equipment used on lands included within a strategic solar reserve site must be American-made, as that term is used in 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

Except as provided in subsection (b)(7), the authorities contained in this section shall expire 10 years after the date of the enactment of this Act.

305.

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.).

306.

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:

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)

small-diameter byproducts of hazardous fuels treatments;

(3)

pre-commercial thinnings;

(4)

brush;

(5)

mill residues; and

(6)

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:

(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 fuels, as well as other value-added uses.

(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 incorporate results form coordinated resource offering protocol (CROP) studies. The study shall also analyze the long-term availability of biomass materials within a reasonable transportation distance. The biomass supply studies shall be developed through a collaborative approach, as 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, unless the Secretary concerned determines that the pilot project on such land is appropriate for the applicable forest type and maximizes and enhances the retention of late-successional and large- and old-growth trees, late-successional and old-growth forest structure, and late-successional and old-growth forest composition.

(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, reducing energy costs, and facilitating the production of alternative energy fuels. 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:

Sec. 210. Biomass utilization pilot program.

.

307.

Programmatic environmental impact statement

The Secretary of Commerce and the Secretary of the Interior shall, in cooperation with the Federal Energy Regulatory Commission and the Secretary of Energy, and in consultation with appropriate State agencies, jointly prepare programmatic environmental impact statements which contain all the elements of an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), regarding the impacts of the deployment of marine and hydrokinetic renewable energy technologies in the navigable waters of the United States. One programmatic environmental impact statement shall be prepared under this section for each of the Environmental Protection Agency regions of the United States. The agencies shall issue the programmatic environmental impact statements under this section not later than 18 months after the date of enactment of this Act. The programmatic environmental impact statements shall evaluate among other things the potential impacts of site selection on fish and wildlife and related habitat. Nothing in this section shall operate to delay consideration of any application for a license or permit for a marine and hydrokinetic renewable energy technology project.

IV

Carbon capture and climate change mitigation

A

Geological sequestration assessment

401.

Short title

This subtitle may be cited as the National Carbon Dioxide Storage Capacity Assessment Act of 2007.

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.

B

Terrestrial sequestration assessment

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.

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.

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.

424.

Authorization of appropriations

There is authorized to be appropriated to carry out this subtitle $15,000,000 for the period of fiscal years 2008 through 2012.

C

Sequestration activities

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:

(d)

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 energy leases.

.

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.

D

Natural Resources and Wildlife Programs

1

Natural Resources Management and Climate Change

441.

Interagency Council on Climate Change

(a)

Establishment

The Secretary of the Interior shall establish an Interagency Council on Climate Change to address the impacts of climate change on Federal lands, the ocean environment, and the Federal water infrastructure. The panel shall include the head of each of the following agencies:

(1)

The Bureau of Land Management.

(2)

The National Park Service.

(3)

United States Geological Survey.

(4)

The United States 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.

(9)

The Minerals Management Service.

(10)

The Office of Surface Mining Reclamation and Enforcement.

(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 the agencies listed in subsection (a) shall do both individually and cooperatively to accomplish the following:

(1)

Working in cooperation with the United States Geological Survey, develop an interagency inventory and Geographic Information System database of United States ecosystems, water supplies, and water infrastructure vulnerable to climate change.

(2)

Manage land, water, and ocean resources in a manner that takes into account projected climate change impacts, including but not limited to, prolonged periods of drought, changing hydrology, and in the case of oceans, increasing ocean acidification.

(3)

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).

(4)

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).

2

National Policy and Strategy for Wildlife

451.

Short title

This chapter may be cited as the Global Warming Wildlife Survival Act.

452.

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 and their habitats 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, together with its habitat, as an essential part of our Nation’s culture, landscape, and natural resources.

453.

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—

(A)

any species of wild, free-ranging fauna, including fish and other aquatic species; and

(B)

any fauna in a captive breeding program the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range.

(5)

Habitat

The term habitat means the physical, chemical, and biological properties that are used by wildlife for growth, reproduction, and survival, including aquatic and terrestrial plant communities, food, water, cover, and space, on a tract of land, in a body of water, or in an area or region.

454.

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 455, promulgate a national strategy for assisting wildlife populations and their habitats in adapting to the impacts of global warming.

(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, including game species, likely to be adversely affected by global warming, with particular emphasis on wildlife populations at greatest need for conservation;

(B)

identify and monitor coastal, marine, terrestrial, and freshwater 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 and its habitat 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 to the maximum extent practicable—

(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 consistent with the policy set forth in section 452, 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 its habitat and advances in the development of strategies for adapting to or mitigating for such impacts.

(d)

Implementation

(1)

Implementation on Federal land systems

To achieve the goals of the national strategy and to implement measures for the conservation of wildlife and its habitat identified in the national strategy—

(A)

the Secretary of the Interior shall exercise the authority of such Secretary under this Act and other laws within the Secretary’s jurisdiction pertaining to the administration of lands; and

(B)

the Secretary of Agriculture shall exercise the authority of such Secretary under this Act and other laws within the Secretary’s jurisdiction pertaining to the administration of lands.

(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 and its habitat identified in the national strategy.

455.

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 10 and not more than 20 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 assist wildlife populations and their habitats in adapting to the impacts of global warming in the management of Federal lands and in other Federal programs for wildlife conservation;

(B)

advise the National Global Warming and Wildlife Science Center established under subsection (b) and review the quality of the research programs of the Center; and

(C)

advise the Secretary regarding the best science available for purposes of section 454(a)(1).

(3)

Public availability

The advice and recommendations of the science advisory board shall be available to the public.

(b)

National Global Warming and Wildlife Science Center

(1)

In general

The Secretary shall establish the National Global Warming and Wildlife Science Center within the United States Geological Survey.

(2)

Functions

The National Global 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 to, mitigation of, or prevention of such impacts;

(B)

consult with and advise Federal land management agencies and Federal wildlife agencies regarding the impacts of global warming on wildlife and its habitat and mechanisms for adaptation to or mitigation of such impacts, and the incorporation of information regarding such impacts and the adoption of mechanisms for adaptation or mitigation of such impacts in the management and planning for Federal lands and in the administration of Federal wildlife programs; and

(C)

consult with State and local agencies, universities, and other public and private entities regarding their research, monitoring, and other efforts to address the impacts of global warming on wildlife and its habitat.

(3)

Integration with other Federal activities

The Secretary, the Secretary of Agriculture, and the Secretary of Commerce shall ensure that activities carried out pursuant to this section are integrated with climate change program activities carried out pursuant to other Federal law.

(c)

Detection of changes

The Secretary, the Secretary of Agriculture, and the Secretary of Commerce shall each exercise authorities under other laws to carry out programs to detect changes in wildlife abundance, 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.

456.

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 454 in the administration of the Federal land systems, 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 455; and

(ii)

carry out the policy set forth in section 452 and implement the national strategy in the administration of the National Park System the National Wildlife Refuge System, and on the Bureau of Land Management’s public lands; and

(B)

10 percent shall be allocated to the Department of Agriculture to carry out the policy set forth in section 452 and implement the national strategy in the administration of 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 452 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; and

(B)

15 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 for activities that assist wildlife and its habitat in adapting to the impacts of global warming; and

(3)

30 percent are authorized to be made available for grants to States and Indian tribes through the State and tribal wildlife grants program authorized under section 461, to—

(A)

carry out activities that assist wildlife and its habitat in adapting to the impacts of global warming in accordance with State comprehensive wildlife conservation plans developed and approved under that program; and

(B)

revise or supplement existing State comprehensive wildlife conservation plans as necessary to include specific strategies for assisting wildlife and its habitat in adapting to the impacts of global warming.

(b)

Availability

(1)

In general

Funding is authorized to be made available to States and Indian tribes pursuant to this section subject to paragraphs (2) and (3).

(2)

Initial 5-year period

During the 5-year period beginning on the effective date of this Act, a State shall not be eligible to receive such funding unless the head of the State’s wildlife agency has—

(A)

approved, and provided to the Secretary, an explicit strategy to assist wildlife populations in adapting to the impacts of global warming; and

(B)

incorporated such strategy as a supplement to the State’s comprehensive wildlife conservation plan.

(3)

Subsequent period

After such 5-year period, a State shall not be eligible to receive such funding unless the State has submitted to the Secretary, and the Secretary has approved, a revision to its comprehensive wildlife conservation plan that—

(A)

describes the impacts of global warming on the diversity and health of the State’s wildlife populations and their habitat;

(B)

describes and prioritizes proposed conservation actions to assist wildlife populations in adapting to such impacts;

(C)

establishes programs for monitoring the impacts of global warming on wildlife populations and their habitats; and

(D)

establishes methods for assessing the effectiveness of conservation actions taken to assist wildlife populations in adapting to such impacts and for adapting such actions to respond appropriately to new information or changing conditions.

(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.

3

State and tribal wildlife grants program

461.

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 Common wealth 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; and

(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 or revising a comprehensive wildlife conservation plan shall not exceed 75 percent of the total costs of developing or revising 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)

Savings clause

State comprehensive wildlife strategies approved by the Secretary pursuant to previous congressional authorizations and appropriations Acts shall remain in effect until such strategies expire or are revised in accordance with their terms. Except as specified in section 456(b) with respect to funds made available under such section, conservation and education activities conducted or proposed to be conducted pursuant to such previously approved strategies shall remain authorized.

(f)

Authorization of Appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

E

Ocean Programs

471.

Ocean Policy, Global Warming, and Acidification Program

(a)

Development and implementation

(1)

In general

The Secretary of Commerce, shall, within two years after the date of enactment of this Act, and on the basis of the best available science, develop and implement a national strategy using existing authorities and the authority provided in this section to support coastal State and Federal agency efforts to—

(A)

predict, plan for, and mitigate the impacts on ocean and coastal ecosystems from global warming, relative sea level rise and ocean acidification; and

(B)

ensure the recovery, resiliency, and health of ocean and coastal ecosystems.

(2)

Consultation and comment

Before and during the development of the national strategy, the Secretary shall—

(A)

consult with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Regional Fishery Management Councils, coastal States, Indian tribes, local governments, conservation organizations, scientists, and other interested stakeholders; and

(B)

provide opportunities for public notice and comment.

(b)

Contents

(1)

In general

The Secretary shall include in the national strategy prioritized goals and measures to—

(A)

incorporate climate change adaptation strategies into the planning and management of ocean and coastal programs and resources administered by the Department of Commerce;

(B)

support restoration, protection, and enhancement of natural processes that minimize the impacts of relative sea level rise, global warming, and ocean acidification;

(C)

minimize the impacts of global warming and ocean acidification on marine species and their habitats;

(D)

identify, protect, and restore ocean and coastal habitats needed to build healthy and resilient ecosystems;

(E)

support the development of climate change resiliency plans under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.);

(F)

provide technical assistance and training to other Federal agencies, States, local communities, universities, and other stakeholders; and

(G)

identify additional research that is needed to better anticipate and plan for the impacts of global warming and ocean acidification on ocean and coastal resources.

(2)

Coordination with other plans

In developing the national strategy, the Secretary shall—

(A)

take into consideration research and information available in Federal, regional, and State management and restoration plans and any other relevant reports and information; and

(B)

encourage and take into account State and regional plans for protecting and restoring the health and resilience of ocean and coastal ecosystems.

(c)

Revision

The Secretary shall revise the national strategy not later than 5 years after its promulgation, and not later than every 10 years thereafter, to reflect new information on the impacts of global warming, relative sea level rise, and acidification on ocean and coastal ecosystems and their resources and advances in the development of strategies for adapting to or mitigating for such impacts.

(d)

Science advisory board

(1)

Consultation

The Secretary shall consult with the National Oceanic and Atmospheric Administration’s Science Advisory Board in the development and implementation of the strategy.

(2)

Review information

The Science Advisory Board shall periodically—

(A)

review new information on the impacts of global warming, relative sea level rise, and acidification on ocean and coastal ecosystems and their resources and advances in the development of strategies for adapting to or mitigating for such impacts; and

(B)

provide that information to the Secretary.

(e)

Authorization of Appropriations

There are authorized to be appropriated such sums as may be necessary to implement this section. Amounts appropriated shall be used for the exclusive purpose of carrying out the activities specified in this section.

(f)

Report to congress

Copies of the strategy and implementation plan and any updates shall be provided to the Congress.

472.

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:

320.

Climate change resiliency planning

(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 pursuant to approved management programs approved under section 306, to minimize contributions to climate change and 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 and training 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 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 and new planning guidelines to attain the policies under section 303.

(3)

State hazard mitigation plans

Plans developed with a grant under this section shall be consistent with State hazard mitigation plans developed under State or Federal law.

(4)

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).

(5)

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).

(6)

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.

(7)

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 Resiliency 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)(7), 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)(7), shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection. No less than 30 percent of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process.

(3)

Eligible activities

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)

Activities to address 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 Lakes water levels.

(E)

Provide technical training and assistance to local coastal policy makers to increase awareness of science, management, and technology information related to climate change and adaptation strategies.

.

(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.

.

473.

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 recommend 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, including State and local governments.

(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.

V

Additional provisions

501.

Sharing of penalties

Notwithstanding any other provision of this Act, any amounts received by the United States in an action brought under section 3730 of title 31, United States Code, that arise from any underpayment of royalties owed to the United States under any lease, and are treated as royalties paid to the United States under that lease for the purposes of the mineral leasing laws and the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–4 et seq.), and that are being made available for any coal-to-liquids programs or pilot projects funded in whole or part by the Federal Government, shall also be equally available for wind, solar, biomass, geothermal, cellulosic ethanol, or other renewable energy program funded in whole or part by the Federal Government, subject to appropriations.

502.

Sharing of fees

Notwithstanding any other provision of this Act, of the amounts received by the United States pursuant to a fee established by this Act 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, and that are made available under this Act for any coal-to-liquids programs or pilot projects funded in whole or part by the Federal Government, shall also be made equally available for wind, solar, biomass, geothermal, cellulosic ethanol, or other renewable energy program funded in whole or part by the Federal Government, subject to appropriations.

503.

Oil shale community impact assistance

(a)

Establishment of fund

There is established on the books of the Treasury of the United States a separate account to be known as the Oil Shale Community Impact Assistance Fund (hereinafter in this section referred to as the Fund). The Fund shall be administered by the Secretary of the Interior acting through the Director of the Bureau of Land Management.

(b)

Contents

(1)

In general

There shall be credited to the Fund—

(A)

all amounts paid to the United States as bonus bids in connection with the award of commercial oil shale leases pursuant to section 369(e) of the Energy Policy Act of 2005 (42 U.S.C. 15927(e)); and

(B)

an amount equal to 25 percent of the portion of the other amounts deposited into the Treasury pursuant to section 35(a) of the Mineral Leasing Act (30 U.S.C. 191) with respect to such leases, that remains after deduction of all payments made pursuant to of such section.

(2)

Termination of crediting of royalties

Paragraph (1)(B) shall not apply to royalties received by the United States under a commercial oil shale lease after the end of the 10-year period beginning on the date on which the first amount of royalty under such lease is paid to the United States.

(c)

Distribution

(1)

In general

The Secretary, subject to the availability of appropriations, shall use amounts in the Fund to annually pay to each county in which is located land subject to a commercial oil shale lease referred to in subsection (b)(1) an amount equal to the amount credited to the Fund during the preceding year pursuant to section (b) with respect to such lease. If such land is located in more than one county, the Secretary shall allocate such payment among such counties on the basis of the relative amount of lands subject to the lease within each such county.

(2)

Use of payment

Amounts paid to a county under this subsection shall be used by the county for the planning, construction, and maintenance of public facilities and the provision of public services.

504.

Additional notice requirements

(a)

Permittees

At least 45 days before offering lands for lease pursuant to section 17(f) of the Mineral Leasing Act (30 U.S.C. 226(f)), the Secretary of the Interior shall provide notice of the proposed leasing activity in writing to the holders of special recreation permits for commercial use, competitive events, and other organized activities on the lands being offered for lease.

(b)

Conservation easement holders

(1)

If the holder of a conservation easement or similar property interest in the surface estate of lands eligible for leasing under the Mineral Leasing Act has informed the Secretary of the Interior of the existence of such property interest, the Secretary shall treat such holder as a surface estate owner for purposes of section 221(d) of this Act.

(2)

As soon as possible after the date of enactment of this Act, the Secretary of the Interior shall establish a means for holders of property interests described in paragraph (1) to provide notice of such interests, and shall inform the public regarding such means.

August 3, 2007

Reported from the Committee on Natural Resources with an amendment

August 3, 2007

Committees on Agriculture and Science and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed