H. R. 2337
IN THE HOUSE OF REPRESENTATIVES
May 16, 2007
Mr. Rahall introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To promote energy policy reforms and public accountability, alternative energy and efficiency, and carbon capture and climate change mitigation, and for other purposes.
This Act may be cited as the
Energy Policy Reform and
Revitalization Act of 2007.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Title I—Energy Policy Act of 2005 Reforms
Sec. 101. Cost Recovery.
Sec. 102. Repeal of deadline for consideration of applications for permits.
Sec. 103. Energy rights-of-way corridors on Federal land.
Sec. 104. Oil shale and tar sands leasing.
Sec. 105. Repeal of rebuttable presumption regarding application of categorical exclusion under NEPA for oil and gas exploration and development activities.
Sec. 106. Best management practices.
Sec. 107. Federal consistency appeals.
Title II—Federal energy public accountability, integrity, and public interest
Subtitle A—Accountability and integrity in the Federal energy program
Sec. 201. Limitations on royalty in-kind.
Sec. 202. Audits.
Sec. 203. Fines and penalties.
Subtitle B—Amendments to Federal Oil and Gas Royalty Management Act of 1982
Sec. 211. Amendments to definitions.
Sec. 212. Interest.
Sec. 213. Obligation period.
Sec. 214. Tolling agreements and subpoenas.
Sec. 215. Liability for royalty payments.
Subtitle C—Public interest in the Federal Energy Program
Sec. 221. Surface owner protection.
Sec. 222. Onshore oil and gas reclamation and bonding.
Sec. 223. Protection of water resources.
Sec. 224. Due diligence fee.
Subtitle D—Ensuring safety of wildlife with respect to wind energy
Sec. 231. Standards and requirements.
Sec. 232. Certification of compliance.
Sec. 233. Penalties.
Sec. 234. Relationship to other statutes.
Sec. 235. Definitions.
Subtitle E—Enhancing energy transmission
Sec. 241. Energy transmission service offered by Power Marketing Administrations.
Sec. 242. Power Marketing Administrations report.
Title III—Alternative energy and efficiency
Sec. 301. State OCS alternative energy planning.
Sec. 302. Canal-side power production at Bureau of Reclamation projects.
Sec. 303. Increasing energy efficiencies for water desalination.
Sec. 304. Green building leadership program.
Sec. 305. Green concessions management program.
Sec. 306. Federal hydropower production facilities inventory and map.
Sec. 307. Establishing a pilot program for the development of strategic solar reserves on Federal lands.
Sec. 308. OTEC regulations.
Sec. 309. Biomass utilization pilot program.
Title IV—Carbon capture and climate change mitigation
Subtitle A—Geological sequestration assessment
Sec. 401. Short title.
Sec. 402. National assessment.
Subtitle B—Terrestrial sequestration assessment
Sec. 421. Requirement to conduct an assessment.
Sec. 422. Methodology.
Sec. 423. Completion of assessment and report.
Subtitle C—Sequestration activities
Sec. 431. Carbon dioxide storage inventory.
Sec. 432. Framework for geological carbon sequestration on Federal lands.
Subtitle D—Wildlife programs
Chapter 1—National policy and strategy
Sec. 441. Short title.
Sec. 442. National policy on wildlife and global warming.
Sec. 443. Definitions.
Sec. 444. National strategy.
Sec. 445. Advisory board.
Sec. 446. Authorization of appropriations.
Chapter 2—State and Tribal Wildlife Grants Program
Sec. 451. State and Tribal Wildlife Grants Program.
Sec. 461. Climate Change Adaptability Intra-Governmental Panel.
Sec. 462. Ocean Policy and Global Warming Program.
Sec. 463. Planning for climate change in the coastal zone.
Sec. 464. Enhancing climate change predictions.
Sec. 465. NOAA report on climate change effects; preparation assistance.
Energy Policy Act of 2005 Reforms
Subsection (c) of section 35 of the Mineral Leasing Act (30 U.S.C. 191) is repealed.
Repeal of prohibition on fee increases
Subsection (i) of section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924) is repealed.
Within 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate a rule to impose fees to recover costs incurred by the Secretary in the processing of permits to conduct energy production-related activities on Federal lands.
shall be market-based;
shall be assessed for Government services;
shall cover all Federal activities relating to energy development on Federal lands that convey benefits to recipients beyond those accruing to the general public to recover the full cost to the Federal Government for providing specific benefits;
shall be limited to the Secretary’s costs of issuing a permit, including necessary environmental documentation, on-site monitoring, and permit enforcement;
shall be based upon the actual personnel (including law enforcement), vehicle, travel, and material costs required to issue, administer, and monitor a permit; and
shall be collected in advance of, or simultaneously with, the rendering of services unless appropriations and authority are provided in advance to allow reimbursable services.
Repeal of deadline for consideration of applications for permits
Subsection (p) of section 17 of the Mineral Leasing Act (30 U.S.C. 226) is repealed.
Energy rights-of-way corridors on Federal land
Repeal of requirements To designate energy rights-of-way corridors on Federal land
The Energy Policy Act of 2005 is amended—
by repealing section 368 (42 U.S.C.15926); and
in the table of contents in section 1(b) by striking the item relating to that section.
later than 18 months after the date of enactment of this Act, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary
of Energy, and the Secretary of the Interior (in this subsection referred to
the Secretaries) shall, in consultation with
affected States, complete a study of—
congestion and constraints in transmission of electricity, oil, gas, and hydrogen;
barriers to access for transmission from renewable energy sources, such as wind energy and solar energy; and
the need for energy corridors on public lands to address identified congestion or constraints.
In performing the study, the Secretaries—
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;
shall not consider as available for designation as corridors, any area that is—
within one mile of any place designated or otherwise identified by State or Federal law or any applicable Federal, State, or local government land use plan for recognition or protection of scenic, natural, cultural, or historic resources;
within one mile of any place proposed for formal protection similar to that described in subparagraph (A), in any pending Federal, State, or local legislation; or
in a sensitive ecological area, including any area that is designated as critical habitat under the Endangered Species Act of 1973 or otherwise identified as sensitive or crucial habitat, including seasonal habitat, by the United States Fish and Wildlife Service, by a State agency responsible for managing wildlife or wildlife habitat, or in a Federal, State, or local land use plan;
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
identify opportunities to improve access to the national electric power grid for generators of renewable energy, such as wind and solar.
The Secretaries shall periodically update the results of the study as they consider appropriate.
After considering recommendations from interested persons (including an opportunity for comment from the public and affected States), the Secretaries shall issue—
a report presenting the results of the study; and
a report on each update of the study under paragraph (3).
Deferral of designation of energy corridors pending completion of study
Limitation on actions pending completion of study
The Secretaries shall not designate energy corridors on public lands, including those corridors under consideration based on section 368 of the Energy Policy Act of 2005 as in effect prior to repeal under this Act, and shall not authorize specific rights-of-way or projects in such corridors, until the study under section 2 is completed.
Use of study results for actions after completion of study
Subject to subparagraph (B), after completion of the study under subsection (b), the Secretaries may use the results of the study to inform subsequent decisions to grant rights-of-way, including under title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), and to amend land use plans to designate energy corridors or authorize rights-of-way, in any area for which no such designation or authorization currently exists.
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.
Oil shale and tar sands leasing
Section 369 of the Energy Policy Act of 2005 (42 U.S.C. 15927) is amended—
in subsection (c),
not later than 180 days after the date of enactment of this
in subsection (c),
shall make and inserting
(d)(1), by striking
Not later than 18 months after the date of enactment
of this Act, in and inserting
in subsection (d)(2)—
in the heading by
Final and inserting
in the text by
final and inserting
(d)(2), by striking
6 and inserting
(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
by redesignating subsections (e) through (s) as subsections (g) through (u), and by inserting after subsection (d) the following:
Oil shale and tar sands leasing and development strategy
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.
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.
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.
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.
in subsection (g),
as so redesignated, by striking
of the final regulation required by
subsection (d) and inserting
of final regulations issued under
in subsection (g),
as so redesignated, by adding at the end the following:
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
(i)(1)(B), as so redesignated, by striking
subsection (e) and
Repeal of rebuttable presumption regarding application of categorical exclusion under NEPA for oil and gas exploration and development activities
The Energy Policy Act of 2005 is amended—
by repealing section 390 (42 U.S.C. 15942); and
in section 1(b) by striking the item relating to that section.
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—
require public review and comment prior to waiving any stipulation of an oil and gas lease for such lands; and
create an incentive for oil and gas operators to adopt best management practices by providing expedited permit review for any operator that commits to adhering to those practices without seeking waiver of such stipulations.
Federal consistency appeals
This section may be cited as the
Appeals Decision Refinement Act.
Clarification of Appeal decision time periods and information requirements
Section 319 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1465) is amended—
subsection (b)(1), by striking
160-day and inserting
in paragraph (3)(A), by amending clause (ii) to read as follows:
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.
in paragraph (3)(B)—
160-day and inserting
for a period not to exceed 60 days. and inserting
Federal energy public accountability, integrity, and public interest
Accountability and integrity in the Federal energy program
Limitations on royalty in-kind
Section 342 of the Energy Policy Act of 2005 (42 U.S.C. 15902(d)) is amended—
in subsection (d)—
in the heading by
Benefit and inserting
Filling of Strategic
Petroleum Reserve and benefit; and
only if and inserting
only if receiving such royalties
in-kind is for the purpose of filling the Strategic Petroleum Reserve
by adding at the end:
No amount of the total amount of royalties collected by the Secretary in a fiscal year may be collected as royalties in-kind.
Paragraph (1) shall not apply with respect to royalties in-kind collected for the purpose of filling the Strategic Petroleum Reserve.
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.
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.
Fines and penalties
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:
No person shall—
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;
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;
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
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.
A person who violates paragraph (1) shall be liable—
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
in the case of any violation, for a civil penalty of $25,000 per violation for each day the violation continues.
Paragraph (2) shall not apply to a violation of paragraph (1) if the person who commits the violation, within 30 days of the violation—
reports the violation to the Secretary or a representative designated by the Secretary; and
corrects the violation.
Lease Administration Violations
Any person who—
fails to notify the Secretary of—
any designation by the person under section 102(a); or
any other assignment of obligations or responsibilities of the person under a lease;
fails or refuses to permit—
inspection, including any inspection authorized by section 108; or
audit, including any failure or refusal to promptly tender requested documents;
fails or refuses to comply with subsection 102(b)(3) (relating to notification regarding beginning or resumption of production); or
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,
Any person who—
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
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,
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.
A person notified pursuant to subparagraph (A) shall correct the violations by not later than 30 calendar days after the date of the notification.
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.
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—
shut in and cease production of any oil or gas lease held by the person;
prohibit the person—
from acquiring any additional oil or gas lease, including by transfer or assignment; and
from being designated under section 102(a) to make payments due under any lease;
cancel or transfer any interest in an oil or gas lease held by the person; and
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.
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.
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).
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.
Compromise and Reduction
On a case-by-case basis the Secretary may compromise or reduce civil penalties under this section.
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.
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.
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.
Failure To Pay
If any person fails to pay an assessment of a civil penalty under this Act—
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
after a court in an action brought under subsection (j) has entered a final judgment in favor of the Secretary,
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.
Tolling of Statutes of Limitation
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—
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
the date a final, nonappealable order has been issued by the Secretary or a court of competent jurisdiction.
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—
the date the Secretary releases the person from the obligation to maintain such records; and
the expiration of the period during which the records must be maintained under section 103(b).
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.).
Shared civil penalties
Section 206 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1736) is amended—
trebled royalties or after
50 per centum of any
civil penalty; and
by striking the second sentence.
Amendments to Federal Oil and Gas Royalty Management Act of 1982
Amendments to definitions
Section 3 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702) is amended—
(20)(A), by striking
: Provided, That and all
that follows through
subject of the judicial proceeding;
(20)(B), by striking
(with written notice to the lessee who designated
(23)(A), by striking
(with written notice to the lessee who designated
the designee) ;
by amending paragraph (24) to read as follows:
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
paragraph (25)(B), by striking
(subject to the provision of section
102(a) of this Act); and
in paragraph (26), by striking
(with notice to the lessee who designated
Estimated payments; interest on amount of under payment
Section 111(j) of
the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721(j)) is
amended by striking
If the estimated payment exceeds the actual
royalties due, interest is owned on the overpayment..
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).
The amendments made by this section shall be effective one year after the date of enactment of this Act.
Section 115(c) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1724(c)) is amended—
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.
Tolling agreements and subpoenas
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).
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
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:
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.
Public interest in the Federal Energy Program
Surface owner protection
As used in this section—
the term Secretary means the Secretary of the Interior;
the term lease means a lease issued by the Secretary under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or any other law, providing for development of oil and gas resources (including coalbed methane) owned by the United States;
the term lessee means the holder of a lease; and
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.
Post-lease surface use agreement
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).
The surface use agreement shall provide for—
the use of only such portion of the surface estate as is reasonably necessary for exploration and drilling operations based on site-specific conditions;
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;
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
compensation for damages as a result of exploration and drilling operations, including but not limited to—
loss of income and increased costs incurred;
damage to or destruction of personal property, including crops, forage, and livestock; and
failure to reclaim the site in accordance with this subparagraph (C).
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.
Identification of arbiters
The Secretary shall identify persons with experience in conducting arbitrations and shall make this information available to operators and surface owners.
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).
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.
Authorized exploration and drilling operations
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—
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;
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
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.
Surface owner participation
The Secretary shall provide surface estate owners with an opportunity to—
comment on plans of operations in advance of a determination of compliance with this section;
participate in bond level determinations and bond release proceedings under this subsection;
attend an on-site inspection during such determinations and proceedings;
file written objections to a proposed bond release; and
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.
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.
Upon request and after inspection and opportunity for surface estate owner review, the Secretary may release the financial assurance required under this subsection if the Secretary determines that exploration and drilling operations are ended and all damages have been fully compensated.
Surface owner notification
The Secretary shall—
notify surface estate owners in writing at least 45 days in advance of lease sales;
within ten working days after a lease is issued, notify surface estate owners of regarding the identity of the lessee;
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
notify surface estate owners within five business days after issuance of a drilling permit under a lease.
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:
An operator producing oil or gas (including coalbed methane) under a lease issued pursuant to this Act shall—
at a minimum restore the land affected to a condition capable of supporting the uses that it was capable of supporting prior to any drilling, or higher or better uses of which there is reasonable likelihood, so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution, and the permit applicants’ declared proposed land use following reclamation is not impractical or unreasonable, inconsistent with applicable land use policies and plans, or involve unreasonable delay in implementation, or is violative of Federal, State, or local law;
ensure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the oil and gas drilling operations; and
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.
An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall post a bond that covers that area of land within the permit area upon which the operator will initiate and conduct oil and gas drilling and reclamation operations within the initial term of the permit. As succeeding increments of oil and gas drilling and reclamation operations are to be initiated and conducted within the permit area, the lessee shall file with the regulatory authority an additional bond or bonds to cover such increments in accordance with this section. The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the approved permit; shall reflect the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential; and shall be determined by the Secretary. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the Secretary in the event of forfeiture.
No later than one year after the date of the enactment of this subsection, the Secretary shall promulgate regulations to implement the requirements of subsections (p) and (q).
Protection of water resources
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:
An operator producing oil or gas (including coalbed methane) under a lease issued under this Act shall—
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
comply with all applicable requirements of Federal and State law for discharge of any water produced under the lease.
Water management plan
An application for a lease under this subsection shall be accompanied by a proposed water management plan including provisions to—
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;
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
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.
Relation to State law
Nothing in this subtitle or any amendment made by this subtitle shall—
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
be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between States.
Due diligence fee
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.
The amount of the fee shall be $1 per year for each acre of land that is not in production for that year.
Assessment and collection
The Secretary shall assess and collect the fee established under this section.
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.
Ensuring safety of wildlife with respect to wind energy
Standards and requirements
Within 180 days after the date of enactment of this Act, the Secretary, acting through the Director and after public notice and opportunity to comment, shall promulgate regulations that establish minimum standards for siting, construction, monitoring, and adaptive management that must be satisfied by all wind projects to avoid, minimize, and mitigate adverse impacts on migratory birds, bats, and other wildlife.
New wind projects
Such standards shall, for all wind projects that have not been constructed before the date of enactment of this Act, include at a minimum the following:
Requirements for comprehensive preconstruction surveys that are of sufficient duration and scope to reasonably evaluate the extent to which a particular site is used by migratory birds, bats, and other wildlife, including species listed as endangered species or threatened species under section 4 of the Endangered Species Act of 1973(16 U.S.C. 1533) and the potential cumulative impact that a proposed wind project would have on such wildlife in combination with other existing or proposed wind projects. Such requirements shall provide that surveys must be carried out by scientific teams that include independent scientists and that the Director may obtain reasonable access to the proposed construction site to ensure that survey protocols are being properly developed and implemented.
Standards for siting wind projects for which construction has not begun so as to avoid impacts, including cumulative impacts, on birds, bats, and other wildlife to the greatest extent practicable based on data gathered during preconstruction surveys required under paragraph (1), including—
the avoidance of ecologically sensitive areas of importance to wildlife, such as migration corridors, wetlands, and other habitats where wildlife congregate; hibernation, breeding, and nursery areas; and critical habitats of endangered species and threatened species, and
siting and configuring wind turbines to avoid landscape and other features known to attract wildlife.
Construction and operation
Requirements for the construction and operation of wind projects so that they minimize impacts on birds, bats, and other wildlife to the greatest extent practicable, including by—
incorporating the best available technology for minimizing such impacts, and
operating such projects in a manner that minimizes impacts on birds, bats, and other wildlife.
Requirements for thorough post-construction monitoring of the actual impacts, including cumulative impacts, that wind projects are having on birds, bats, and other wildlife, including standards and protocols for transmitting all monitoring data and findings to the Director for consideration of cumulative impacts and dissemination to the public. Such requirements shall provide that monitoring must be carried out by scientific teams that include independent scientists, and that the Director may obtain access at any time to the site to ensure that monitoring protocols are being properly developed and implemented.
Requirements for adaptive management of wind projects if the impacts of such projects on birds, bats, and other wildlife exceed predicted impacts, including requirements that a wind project operator shall—
take steps to reduce such impacts to the levels predicted prior to operation; or
suspend operations if such steps are not, or cannot be, taken.
Offset of unavoidable impacts
Requirements that wind projects offset any unavoidable impacts, including cumulative impacts, on birds, bats, and other wildlife through the acquisition, conservation, or restoration of mitigation habitat, the funding of research that will be of value in conserving affected wildlife, and other appropriate measures.
Such standards shall, for all wind projects that have begun operation before the date of enactment of this Act, include at a minimum appropriate requirements for monitoring, adaptive management, and offset of unavoidable impacts mitigation for adverse impacts on birds, bats, and other wildlife, consistent with paragraphs (4) through (6) of subsection (b).
Certification of compliance
No person may construct or operate a wind project unless the Director has issued a certification that the project will be constructed and operated in compliance with the standards promulgated under section 231.
Paragraph (1) shall apply—
in the case of a wind power project that began operating before the date of enactment of this Act, beginning at the end of the 180-day period beginning on the date the Director promulgates regulations under subsection (b); and
in the case of a wind power project that has not been constructed before the date of enactment of this Act, beginning on such date of enactment.
Within 180 days after the date of enactment of this Act, the Director, after public notice and opportunity to comment, shall promulgate regulations that establish procedures for issuing certifications under this section.
Such regulations shall—
include requirements for submitting an application for certification under this section, including requirements for the contents of such applications;
provide for advance public comment on each application for certification and on the conditions that should be attached to such a certification; and
require that such applications address in detail how the project will be constructed and operated in compliance with all applicable standards promulgated under section 231.
Renewal of certification
Regulations under subsection (b) shall—
require that each certification under this section must be renewed at least once every three years;
establish procedures and requirements applicable to such renewal applications; and
provide for advance public notice and comment regarding each application for renewal.
A person who violates this subtitle or a regulation issued under this subtitle is subject to a fine of not more than $50,000, or imprisonment of not more than one year, or both.
Relationship to other statutes
Nothing in this subtitle affects the application of the Endangered Species Act of 1973, the Migratory Bird Treaty Act, the Bald Eagle Protection Act, the Golden Eagle Protection Act, the Marine Mammal Protection Act of 1973, National Environmental Policy Act of 1969, or any other relevant Federal law to wind projects.
As used in this subtitle:
Director means the Director of the United States Fish and
Wildlife Service, or a designee of that Director.
independent scientist mean a
scientist who is not an employee of, or regular consultant to, the wind power
Secretary means the Secretary of the Interior.
wind project means any project in
the United States that uses wind to generate electric power.
Enhancing energy transmission
Energy transmission service offered by Power Marketing Administrations
The Secretary of Energy shall require each Federal Power Marketing Administration providing transmission service to offer conditional firm energy transmission service, consistent with Federal Energy Regulatory Commission order 890, through contracts of one or more years in duration.
Power Marketing Administrations report
The Secretary of Energy, acting through the Administrators of the Bonneville and Western Area Power Marketing Administrations, shall conduct an analysis of the existing capacity of transmission and distribution systems serving the States of California, Oregon, and Washington to accommodate and promote development and commercial operation of ocean wave, tidal, and current energy projects in State and Federal marine waters adjacent to those States.
Based on the analysis conducted under subsection (a), the Secretary of Energy shall prepare and provide to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate, not later than one year after the date of enactment of this Act, a report identifying changes required, if any, in the capacity of existing transmission and distribution systems serving the States referred to in subsection (a) in order to reliably and efficiently accommodate generation from commercial ocean wave, tidal, and current energy projects in aggregate, escalating amounts equal to 2.5, 5, and 10 percent of the current electrical energy consumption in those States.
Alternative energy and efficiency
State OCS alternative energy planning
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq. is amended by inserting after section 306A the following:
OCS Alternative Energy State Surveys; Alternative Energy Site Identification and Planning
Grants to states
The Secretary may make grants to eligible coastal states to support voluntary State efforts to initiate and complete surveys of portions of the Outer Continental Shelf adjacent to a State’s coastal zone and coastal state waters to identify potential areas suitable for the exploration, development, and production of alternative energy that are consistent with the enforceable policies of coastal management plans approved pursuant to section 306A.
Surveys developed with grants under this section shall include, but not be limited to—
hydrographic and bathymetric surveys;
oceanographic observations and measurements of the physical ocean environment, especially seismically active areas;
identification and characterization of significant or sensitive marine ecosystems or other areas possessing important conservation, recreational, ecological, historic, or aesthetic values;
surveys of existing marine uses in the OCS and identification of potential conflicts;
inventories and surveys of shore locations and infrastructure capable of supporting alternative energy development; and
other actions as may be necessary.
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.
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.
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.
The amount of any grant under this section shall not exceed $750,000 for any fiscal year.
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.
After fiscal year 2010
The Secretary shall require a coastal state to provide a matching fund contribution for a grant under this section according to—
a 2-to-1 ratio of Federal-to-State contributions for fiscal year 2010; and
a 1-to-1 ratio of Federal-to-State contributions for fiscal year 2011.
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.
Limitation on eligibility
No coastal state is eligible to receive grants under this section for more than 4 fiscal years.
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.
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.
Assistance by the Secretary
The Secretary shall—
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
encourage other Federal agencies with relevant expertise to participate in providing technical assistance under this subsection.
Authorization of appropriations
Section 318(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is amended—
paragraph (1) by striking
and after the semicolon;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
for grants under section 306B such sums as are necessary; and
Canal-side power production at Bureau of Reclamation projects
Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall complete an evaluation and report to Congress on the potential for developing rights-of-way along Bureau of Reclamation canals and infrastructure for solar or wind energy production through leasing of lands or other means. The report to Congress shall specify—
location of potential rights-of-way for energy production;
total acreage available for energy production;
existing transmission infrastructure at sites;
estimates of fair market leasing value of potential energy sites; and
estimate energy development potential at sites.
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:
Research on reverse osmosis technology for water desalination and water recycling
The Secretary of the Interior, in consultation with the Secretary of Energy, shall implement a program to research methods for improving the energy efficiency of reverse osmosis technology for water desalination and water recycling.
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—
a review of existing and emerging technologies, both domestic and international, that are likely to improve energy efficiency at existing and future desalination and recycling facilities; and
an analysis of the economic viability of energy efficiency technologies.
Green building leadership program
Major New Construction
All major new facility construction projects funded in whole or in part through the Department of the Interior, the National Ocean Service, the National Marine Fisheries Service, or the Forest Service shall be designed to meet or exceed Leadership in Energy and Environmental Design Green Building Rating System Silver Certification Standards.
All major facility renovation projects or facility adaptive reuse projects funded in whole or in part through the Department of the Interior, the National Ocean Service, the National Marine Fisheries Service, or the Forest Service shall be designed to meet or exceed Leadership in Energy and Environmental Design Existing Building Silver Certification Standards.
Certification under the Leadership in Energy and Environmental Design program of facilities described in subsections (a) and (b) is encouraged but not required.
Green concessions management program
When awarding any concession, whether operated under a concession contract, special use permit, or lease, the Department of the Interior and the Forest Service shall give preference to proposals that are likely to result in demonstrable energy savings and the implementation of environmentally sustainable practices.
Federal hydropower production facilities inventory and map
Not later than one year after the date of the enactment of this Act, the United States Geological Survey and the Bureau of Reclamation, in consultation with the Federal Energy Regulatory Commission, shall inventory and map groundwater resources and uses in hydrologic watersheds containing Federal hydropower production facilities. The inventory shall include the following:
An analysis of groundwater use in the watersheds and a description of the source or recharge area for the aquifers.
An analysis of the capacity and volume of groundwater resources in the watersheds, including an assessment of whether groundwater resources can be developed on a sustainable and economically viable basis to improve the reliability of surface water supplies for hydroelectric power generation.
Any known reduction of energy generation capacity or use from drought or other factors.
Establishing a pilot program for the development of strategic solar reserves on Federal lands
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.
Strategic Solar Reserve Program
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:
Identify Federal lands under the jurisdiction of the Bureau of Land Management, subject to valid existing rights, that are suitable and feasible for the installation of concentrating solar power energy systems sufficient to create a solar energy reserve of no less than 4 GW and no more than 10 GW.
Perform any environmental reviews that may be required to complete the designation of such solar reserves.
Incorporate the designated solar reserves into the relevant agency land use and resource management plans or equivalent plans.
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.
The following Federal lands shall not be included within a strategic solar reserve site:
Components of the National Landscape Conservation System.
Areas of Critical Environmental Concern.
Implementation of the Strategic Solar Reserve
The Secretary of Energy and the Secretary of Interior shall expeditiously implement a strategic solar reserve program for concentrating solar energy to produce no less than 4 GW and no more than 10 GW on such Federal lands, following the completion of the requirements contained in subparagraph (B).
The Secretary of Energy, in consultation with the Secretary of the Interior, shall establish a program within the Department of Energy to administer the selection and installation of concentrating solar power technologies on such Federal lands identified in paragraph (1)(A). The Secretary of Energy shall establish criteria for an application process to allow for a variety of concentrating solar technologies and for project development milestones to ensure due diligence in the development of the strategic solar reserves.
The Secretary of the Interior shall complete all necessary environmental surveys, compliance and permitting for rights of way pursuant to title V of the Federal Land Policy Management Act of 1976 for each strategic solar reserve, as expeditiously as possible. The applicant shall pay all costs of environmental compliance, including when a determination is made that the land is not suitable and feasible for such installation or the bid is withdrawn following the initiation of such environmental compliance.
The Secretary of the Interior shall ensure that all strategic solar reserve installation pursuant to this section is permitted using an expedited permitting process. The Secretary shall, in consultation with the Secretary of Energy, complete the preparation of a Programmatic Environmental Impact Statement by the Departments of Energy and Interior for concentrating solar power on Federal lands.
The rental fee for each strategic solar reserve right-of-way authorization under this subsection shall be established at the greater of $200 per acre or fair market value for the first year of operation and increasing 25 percent after the first 5 years and an additional 25 percent in the tenth year of the pilot program, to be paid in annual payments commencing on the day of operation. During the development and construction phase of a project, the rental fee shall be waived. The leases shall be for a term of 30 years.
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—
not later than 3 years after the installation of the first facility pursuant to this section; and
10 years after the installation of the first facility pursuant to this section.
Buy American Act
In carrying out this section, the Secretary shall comply with the Buy American Act (41 U.S.C. 10a et seq.).
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.
The authorities contained in this section shall expire 10 years after the date of the enactment of this Act.
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.).
Biomass utilization pilot program
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:
Biomass utilization pilot program
Congress finds the following:
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.
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.
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—
ecological forest restoration;
mill residues; and
The Secretary of Agriculture and the Secretary of the
Interior shall establish a pilot program, to be known as the
Utilization Pilot Program, involving 10 different forest types on
Federal Lands, under which the Secretary concerned will provide technical
assistance and grants to persons to support the following biomass-related
activities on Federal lands:
The development of biomass utilization infrastructure to support hazardous fuel reduction and ecological forest restoration.
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.
The testing of multiple technologies and approaches to biomass utilization for energy, with emphasis on improving energy efficiency, developing thermal applications and distributed heat, biofuels, and achieving cleaner emissions including through combustion with other alternative fuels, as well as other value-added uses.
The study of biomass supply.
Biomass supply study
Prior to the development of any biomass utilization pilot projects, the Secretary concerned shall develop a study to determine the long-term, ecologically sustainable, biomass supply available in the pilot program area. The study shall also analyze the long-term availability of biomass materials within a reasonable transportation distance. The biomass supply studies shall be developed through a collaborative approach, as evidenced by the broad involvement, analysis, and agreement of interested persons, including local governments, energy developers, conservationists, and land management agencies. The results of the biomass supply study shall be a basis for determining the project scale, as outlined in subsection (g).
Exclusion of certain Federal land
The following Federal lands may not be included within a pilot project site:
Federal land containing old growth forest or late successional forest.
Federal land on which the removal of vegetation is prohibited, including components of the National Wilderness Preservation System.
Wilderness Study Areas.
Inventoried roadless areas.
Components of the National Landscape Conservation System.
In conducting the pilot program, the Secretary concerned shall include a variety of projects involving—
innovations in facilities of various sizes and processing techniques; and
the full spectrum of woody biomass producing regions of the United States.
Selection criteria and project scale
In selecting the projects to be conducted under the pilot program, and the appropriate scale of projects, the Secretary concerned shall consider criteria that evaluate existing economic, ecological, and social conditions, focusing on opportunities such as workforce training, job creation, ecosystem health, and reducing energy costs. The agreement on the scale of a project shall be reached through a collaborative approach, as evidenced by the broad involvement, analysis, and agreement of interested persons, including local governments, energy developers, conservationists, and land management agencies. In selecting the appropriate scale of projects to be conducted under the pilot program, the Secretary concerned shall also consider the results of the supply study as outlined in subsection (d).
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.
In this section:
Highest and best use
highest and best use, with regard to
creating from raw materials those products and those biomass uses that will achieve the highest market value; and
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.
pilot program means the Biomass
Utilization Pilot Program established pursuant to this section.
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.
Community wildfire protection plan
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.
Federal land means—
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
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.
Inventoried roadless area
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.
Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out the pilot program.
The table of contents in section 1(b) of such Act is amended by striking the item relating to section 210 and inserting the following new item:
210. Biomass utilization pilot program.
Carbon capture and climate change mitigation
Geological sequestration assessment
This subtitle may be
cited as the
National Carbon Dioxide
Storage Capacity Assessment Act of 2007.
In this section:
assessment means the national assessment of capacity for
carbon dioxide completed under subsection (f).
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).
engineered hazard includes the
location and completion history of any well that could affect potential
risk includes any risk posed by geomechanical, geochemical,
hydrogeological, structural, and engineered hazards.
Secretary means the Secretary of the Interior, acting
through the Director of the United States Geological Survey.
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.
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—
the geographical extent of all potential storage formations in all States;
the capacity of the potential storage formations;
the injectivity of the potential storage formations;
an estimate of potential volumes of oil and gas recoverable by injection and storage of industrial carbon dioxide in potential storage formations;
the risk associated with the potential storage formations; and
the Carbon Sequestration Atlas of the United States and Canada that was completed by the Department of Energy in April 2006.
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.
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.
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.
External Review and Publication
On completion of the methodology under subsection (b), the Secretary shall—
publish the methodology and solicit comments from the public and the heads of affected Federal and State agencies;
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
on completion of the review under paragraph (2), publish in the Federal Register the revised final methodology.
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.
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.
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—
well log data;
core data; and
fluid sample data.
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.
Incorporation into NatCarb
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.
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.
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.
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.
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.
Terrestrial sequestration assessment
Requirement to conduct an assessment
The Secretary of the Interior, acting through the United States Geological Survey, shall—
conduct an assessment of the amount of carbon stored in terrestrial, aquatic, and coastal ecosystems (including estuaries);
determine the processes that control the flux of carbon in and out of each ecosystem;
estimate the potential for increasing carbon sequestration in natural systems through management measures or restoration activities in each ecosystem; and
develop near-term and long-term adaptation strategies that can be employed to enhance the sequestration of carbon in each ecosystem.
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.
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.
Within 270 days after the date of enactment of this Act, the Secretary shall develop a methodology for conducting the assessment.
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.
Completion of assessment and report
The Secretary shall—
complete the national assessment within 2 years after publication of the final methodology under section 422; and
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.
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:
Records and inventory
The Secretary of the Interior, acting through the Bureau of Land Management, shall maintain records on and an inventory of the amount of carbon dioxide stored from Federal leases.
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.
National policy and strategy
This chapter may be
cited as the
Global Warming Wildlife
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—
to assist wildlife populations in adapting to and surviving the effects of global warming; and
to ensure the persistence and resilience of the wildlife of the United States as an essential part of our Nation’s culture, landscape, and natural resources.
In this chapter:
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.
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.
Secretary means the Secretary of the Interior.
wildlife means any species of wild, free-ranging fauna
including fish, and also fauna in captive breeding programs the object of which
is to reintroduce individuals of a depleted indigenous species into previously
The Secretary shall, within two years after the date of the enactment of this Act, on the basis of the best available science as provided by the science advisory board under section 445, promulgate a national strategy for mitigating the impacts of global warming on wildlife populations in the United States.
Consultation and comment
In developing the national strategy, the Secretary shall—
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
provide opportunity for public comment.
The Secretary shall include in the national strategy prioritized goals and measures to—
identify and monitor wildlife populations likely to be adversely affected by global warming;
identify and monitor coastal, marine, terrestrial, and freshwater resources and habitat at greatest risk of being damaged by global warming;
assist species in adapting to the impacts of global warming;
protect, acquire, and restore wildlife habitat to build resilience to global warming;
provide habitat linkages and corridors to facilitate wildlife movements in response to global warming;
restore and protect ecological processes that sustain wildlife populations vulnerable to global warming; and
incorporate consideration of climate change in, and integrate climate change adaptation strategies for wildlife into, the planning and management of Federal lands administered by the Department of the Interior and lands administered by the Forest Service.
Coordination with other plans
In developing the national strategy, the Secretary shall—
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
coordinate and integrate, to the extent practicable and consistent with the policy set forth in section 442, the goals and measures identified in the national strategy with goals and measures identified in such plans.
The Secretary shall revise the national strategy not later than five years after its initial promulgation, and not later than every ten years thereafter, to reflect new information on the impacts of global warming on wildlife and advances in the development of strategies for adapting to or mitigating for such impacts.
Implementation on Department of the Interior and forest service lands
To achieve the goals of the national strategy and to implement measures for the conservation of wildlife identified in the national strategy—
the Secretary shall exercise the authority of such Secretary under this and other Acts on lands administered by the National Park Service, the United States Fish and Wildlife Service, and the Bureau of Land Management; and
the Secretary of Agriculture shall exercise the authority of such Secretary under this and other Acts on lands administered by the Forest Service.
Wildlife conservation programs
Consistent with their authorities under other laws, the Secretary, the Secretary of Agriculture, and the Secretary of Commerce shall administer wildlife conservation programs authorized under other laws to achieve the goals of the national strategy and to implement measures for the conservation of wildlife identified in the national strategy.
Science advisory board
The Secretary shall establish and appoint the members of a science advisory board comprised of not less than ten and not more than twenty members recommended by the President of the National Academy of Sciences with expertise in wildlife biology, ecology, climate change and other relevant disciplines. The director of the National Global Warming and Wildlife Science Center established under subsection (b) shall be an ex officio member of the science advisory board.
The science advisory board shall—
provide scientific and technical advice and recommendations to the Secretary on the impacts of global warming on wildlife and its habitat, areas of habitat of particular importance for the conservation of wildlife populations affected by global warming, and strategies and mechanisms to mitigate the impacts of global warming on wildlife in the management of Federal lands and in other Federal programs for wildlife conservation;
advise the National Global Warming and Wildlife Science Center established under subsection (b) and review the quality of the research programs of the Center;
advise the Secretary regarding the best science available for purposes of section 444(a)(1).
National Global Warming and Wildlife Science Center
The Secretary shall establish the National Global Warming and Wildlife Science Center within the United States Geological Survey.
The National Global Warming and Wildlife Science Center shall—
conduct scientific research on national issues related to the impacts of global warming on wildlife and its habitat and mechanisms for adaptation or mitigation of such impacts; and
provide scientific support to Federal land management agencies and Federal wildlife agencies regarding such issues.
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—
conducting species inventories on Federal lands and in marine areas within the exclusive economic zone of the United States; and
establishing and implementing robust, coordinated monitoring programs.
Authorization of appropriations
Implementation of national strategy
Of the amounts appropriated to carry out this chapter for each fiscal year—
45 percent are authorized to be made available to Federal agencies to develop and implement the national strategy promulgated under section 444 on Federal lands, of which—
35 percent shall be allocated to the Department of the Interior to—
operate the National Global Warming and Wildlife Science Center established under section 445; and
carry out the policy set forth in section 442 and implement the national strategy on lands within the National Park System, lands within the National Wildlife Refuge System, and public lands administered by the Bureau of Land Management; and
10 percent shall be allocated to the Department of Agriculture to carry out the policy set forth in section 442 and implement the national strategy on lands within the National Forest System;
25 percent are authorized to be made available to Federal agencies to carry out the policy set forth in section 442 and to implement the national strategy through fish and wildlife programs, other than for the operation and maintenance of Federal lands, of which—
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;
8 percent shall be allocated to the Department of the Interior for implementation of cooperative grant programs benefitting wildlife including the Cooperative Endangered Species Fund, Private Stewardship Grants, the North American Wetlands Conservation Act, the Neotropical Migratory Bird Conservation Fund, and the National Fish Habitat Action Plan, and used exclusively for activities that address the impacts of global warming on wildlife and its habitat; and
7 percent shall be allocated to the National Oceanic and Atmospheric Administration to carry out the policy set forth in section 442 and to implement the national strategy through Federal programs for conservation of fish and wildlife under its jurisdiction; and
30 percent are authorized to be made available for grants to States and Indian tribes through the State and Tribal Wildlife Grants Program authorized under section 451, to—
be used exclusively to carry out activities that address the impacts of global warming on wildlife in accordance with State comprehensive wildlife conservation plans developed and approved under that program that contain explicit strategies for addressing the impacts of global warming on wildlife; and
revise existing State comprehensive wildlife conservation plans as necessary to include specific strategies for addressing the impacts of global warming on wildlife.
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.
State and Tribal Wildlife Grants Program
State and Tribal Wildlife Grants Program
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.
Allocation of funds
Of the amounts made available to carry out this section for each fiscal year—
10 percent shall be for a competitive grant program for Indian tribes that are not subject to the remaining provisions of this section;
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—
not more than one-half of 1 percent shall be allocated to each of the District of Columbia and to the Commonwealth of Puerto Rico; and
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;
of the amount remaining after the application of subparagraphs (B) and (C), the Secretary shall apportion among the States—
one-third based on the ratio that the land area of each State bears to the total land area of all States; and
two-thirds based on the ratio that the population of each State bears to the total population of all States.
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—
less than 1 percent of the amount available for apportionment under that subparagraph that fiscal year; or
more than 5 percent of such amount.
Plan development grants
The Federal share of the costs of developing a comprehensive wildlife conservation plan shall not exceed 75 percent of the total costs of developing such plan.
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.
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.
Requirement for plan
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—
complies with paragraph (2); and
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.
The comprehensive wildlife conservation plan must contain—
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;
the location and relative condition of key habitats and community types essential to conservation of species identified in subparagraph (A);
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;
descriptions of conservation actions proposed to conserve the identified species and habitats and priorities for implementing such actions;
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;
descriptions of procedures to review the comprehensive wildlife conservation plan at intervals not to exceed ten years;
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
provisions for broad public participation as an essential element of the development, revision, and implementation of the comprehensive wildlife conservation plan.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Climate Change Adaptability Intra-Governmental Panel
The Secretary of the Interior shall establish a Climate Change Adaptability Intra-Governmental Panel to address the impacts of climate change on Federal lands, the ocean environment, and the Federal water infrastructure under the jurisdiction of the Secretary. The panel shall include the agency heads from the following:
The Bureau of Land Management.
The National Park Service.
United States Geological Survey.
The Fish and Wildlife Service.
The Forest Service.
The National Oceanic and Atmospheric Administration.
The Bureau of Reclamation.
The Council on Environmental Quality.
Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall submit a plan to Congress describing what each agency listed in subsection (a) shall do to accomplish the following:
Working in cooperation with the United States Geological Survey, develop an intra-agency inventory and Geographic Information System database of United States ecosystems, water supplies, and water infrastructure vulnerable to climate change.
Request that the United States Geological Survey examine impacts of climate change on wildlife through the GAP analysis program to develop better information land acquisition strategies.
Manage land, water, and ocean resources during prolonged periods of drought, changing hydrology, and in the case of oceans, increasing ocean acidification.
Proactively address and mitigate the impacts of climate change on key ecosystems that are critical wildlife habitat and watersheds.
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).
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).
Ocean Policy and Global Warming Program
There is authorized to be established an Ocean Policy and Global Warming Program to be administered by the Secretary of Commerce. The purpose of the program is to support coastal state and Federal agency efforts to—
plan for and mitigate the impacts to the marine and coastal environment from global warming and the development of offshore alternative energy resources; and
cooperate and collaborate to support improved and enhanced ocean and coastal management in the United States.
Allocation of funding
Of the amounts made available for each fiscal year to carry out the program, the Secretary shall allocate, for the exclusive purpose of carrying out the activities specified in subsection (a)—
40 percent to the National Oceanic and Atmospheric Administration for allocation to coastal states based on the formula established in subsection (c);
40 percent to the National Oceanic and Atmospheric Administration; and
20 percent to support regional collaboratives intended to improve and enhance ocean and coastal management and that include Federal, State, and local entities.
Allocation of funds
Funds made available under subsection (b)(1) shall be allocated according to the formula established in regulation pursuant to section 306(c) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(c)).
Intent of Congress to supplement annual appropriations
Amounts appropriated under this section are intended by Congress to supplement, not detract from or replace, other annual appropriations for Federal agencies and coastal states receiving funding under this section.
Definition of coastal state
coastal state has the
meaning it has in section 304(4) (c) of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453(4)).
Planning for climate change in the coastal zone
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:
Climate Change Resiliency Planning
The Secretary shall establish consistent with the national policies set forth in section 303 a coastal climate change resiliency planning and response program to
provide assistance to coastal states to voluntarily develop coastal climate change resiliency plans as amendments to management programs approved under section 306, to prepare for and reduce the negative consequences that may result from climate change in the coastal zone; and
provide financial and technical assistance to enable coastal states to implement plans developed pursuant to this section through coastal states’ enforceable policies.
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).
Climate change resiliency planning grants
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).
A plan developed with a grant under this section shall include the following:
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.
Adaptive management strategies for land use to address non-climate change stresses that inhibit the ability of the coastal zone to respond or adapt to changing environmental conditions, including strategies to protect biodiversity and establish habitat buffer zones, migration corridors, and climate refugia.
Requirements to initiate and maintain long-term monitoring of environmental change to assess coastal zone resiliency and to adjust when necessary adaptive management strategies to attain the policies under section 303.
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).
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).
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.
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).
Coastal resiliancy project grants
The Secretary, subject to the availability of appropriations, may make grants to any coastal state that has a climate change resiliency plan approved under subsection (c)(6), in order to support projects that implement strategies contained within such plans.
The Secretary within 90 days after approval of the first plan approved under subsection (c)(6), shall publish in the Federal Register requirements regarding applications, eligible activities and all terms and conditions for grants awarded under this subsection.
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:
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.
Monitoring, control, or eradication of disease organisms and invasive species.
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.
Implementation of projects to reduce, mitigate, or otherwise address likely impacts caused by natural hazards in the coastal zone, including sea level rise, coastal inundation, coastal erosion and subsidence, severe weather events such as cyclonic storms, tsunamis and other seismic threats, and fluctuating Great Lake water levels.
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:
for grants under section 320 (c) and (d), such sums as are necessary.
Enhancing climate change predictions
This section may be cited as the
Coastal and Ocean Observation Act of 2007.
The purposes of this section are the following:
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.
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.
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.
Institutionalize coordinated programs of public outreach, education, and training—
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
to promote greater public awareness and stewardship of the Nation’s ocean, coastal, and Great Lakes resources.
In this section:
Council means the National Ocean Research Leadership
Council referred to in section 7902 of title 10, United States Code.
Administrator means the Administrator of the National
Oceanic and Atmospheric Administration.
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.
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.
Regional information coordination entities
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
Such term includes Regional Associations as described by the System Plan.
Nothing in this section shall be construed to invalidate existing certifications, contracts, or agreements between Regional Associations and other elements of the System.
Secretary means the Secretary of Commerce.
System means the National Integrated Coastal and Ocean
Observation System established under subsection (d).
System Plan means the plan contained
in the document entitled
Ocean.US publication #9, The First Integrated
Ocean Observing System (IOOS) Development Plan.
Interagency working group
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.
National integrated coastal and ocean observing system
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.
Support of purposes
The head of each agency that is a member of the Interagency Working Group shall support the purposes of this section.
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.
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.
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.
Non-Federal assets shall be coordinated by the Interagency Working Group or by Regional Information Coordination Entities.
Policy oversight, administration, and regional coordination
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.
Interagency working group
The Interagency Working Group shall, with respect to the System, be responsible for—
implementation of operations plans and policies developed by the Council;
development of an annual coordinated, comprehensive System budget;
identification of gaps in observation coverage or needs for capital improvements of both Federal assets and non-Federal assets;
establishment of data management and communication protocols and standards;
establishment of required observation data variables;
development of certification standards for all non-Federal assets or Regional Information Coordination Entities to be eligible for integration into the System; and
periodically review and recommned to the Council revisions to the System plan.
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—
implement policies, protocols, and standards established by the Council and delegated by the Interagency Working Group;
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;
implement a competitive funding process for the purpose of assigning contracts and agreements to Regional Information Coordination Entities;
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;
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;
be responsible for the coordination, storage, management, and communication of observation data gathered through the System to all end-user communities;
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;
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
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.
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—
gather required System observation data and other requirements specified under this section and the System plan;
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;
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;
comply with all financial oversight requirements established by the Administrator, including requirements relating to audits; and
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.
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.
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.
Interagency financing, grants, contracts, and agreements
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.
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.
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.
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.
NOAA report on climate change effects; preparation assistance
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:
Report on effects of climate change
The Secretary shall report to the Congress not later than 2 years after the date of enactment of this section, and every 5 years thereafter, on the possible and projected impacts of climate change on—
oceanic and coastal ecosystems, including marine fish and wildlife and their habitat, and the commercial and recreational fisheries and tourism industries associated with them; and
coastal communities, including private residential and commercial development and public infrastructure in the coastal zone.
Each report under this section shall include information regarding—
the impacts that may be due to climate change that have occurred as of the date of the submission of the report; and
the projected future impacts of climate change.
The impacts reported on under subsection (b) shall include any—
increases in sea level;
increases in storm activity and intensity;
increases in floods, droughts, and other extremes of weather;
increases in the temperature of the air and the water on oceanic and coastal ecosystems, with a particular focus on vulnerable fisheries and ecosystems; and
changes in the acidity of the ocean surface associated with an increase in concentration of carbon dioxide in the atmosphere.