HR 2337 RH
Union Calendar No. 186
110th CONGRESS
1st Session
H. R. 2337
[Report No. 110-296, Part I]
To promote energy policy reforms and public accountability,
alternative energy and efficiency, and carbon capture and climate change
mitigation, and for other purposes.
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
August 3, 2007
Additional sponsors: Mr. GRIJALVA, Mrs. NAPOLITANO, Mrs. CHRISTENSEN, Mr.
HINCHEY, Ms. BORDALLO, Mr. INSLEE, and Mr. BACA
August 3, 2007
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in
italic]
August 3, 2007
Committees on Agriculture and Science and Technology discharged; committed to
the Committee of the Whole House on the State of the Union and ordered to be
printed
[For text of introduced bill, see copy of bill as introduced on May 16,
2007]
A BILL
To promote energy policy reforms and public accountability,
alternative energy and efficiency, and carbon capture and climate change
mitigation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Energy Policy Reform and Revitalization
Act of 2007'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 2. Table of contents.
TITLE I--ENERGY POLICY ACT OF 2005 REFORMS
Sec. 101. Fiscally responsible energy amendments.
Sec. 102. Extension of deadline for consideration of applications
for permits.
Sec. 103. Energy rights-of-way corridors on Federal land.
Sec. 104. Oil shale and tar sands leasing.
Sec. 105. Limitation of rebuttable presumption regarding application
of categorical exclusion under NEPA for oil and gas exploration and
development activities.
Sec. 106. Best management practices.
Sec. 107. Federal consistency appeals.
TITLE II--FEDERAL ENERGY PUBLIC ACCOUNTABILITY, INTEGRITY, AND PUBLIC
INTEREST
Subtitle A--Accountability and Integrity in the Federal Energy
Program
Sec. 201. Limitations on royalty in-kind.
Sec. 203. Fines and penalties.
Subtitle B--Amendments to Federal Oil and Gas Royalty Management Act of
1982
Sec. 211. Amendments to definitions.
Sec. 213. Obligation period.
Sec. 214. Tolling agreements and subpoenas.
Sec. 215. Liability for royalty payments.
Subtitle C--Public Interest in the Federal Energy Program
Sec. 221. Surface owner protection.
Sec. 222. Onshore oil and gas reclamation and bonding.
Sec. 223. Protection of water resources.
Sec. 224. Due diligence fee.
Subtitle D--Wind Energy
Sec. 231. Wind Turbine Guidelines Advisory Committee.
Sec. 232. Authorization of appropriations for research to study wind
energy impacts on wildlife.
Sec. 234. Savings clause.
Subtitle E--Enhancing Energy Transmission
Sec. 241. Power Marketing Administrations report.
TITLE III--ALTERNATIVE ENERGY AND EFFICIENCY
Sec. 301. State ocean and coastal alternative energy
planning.
Sec. 302. Canal-side power production at Bureau of Reclamation
projects.
Sec. 303. Increasing energy efficiencies for water
desalination.
Sec. 304. Establishing a pilot program for the development of
strategic solar reserves on Federal lands.
Sec. 305. OTEC regulations.
Sec. 306. Biomass utilization pilot program.
Sec. 307. Programmatic environmental impact statement.
TITLE IV--CARBON CAPTURE AND CLIMATE CHANGE MITIGATION
Subtitle A--Geological Sequestration Assessment
Sec. 402. National assessment.
Subtitle B--Terrestrial Sequestration Assessment
Sec. 421. Requirement to conduct an assessment.
Sec. 423. Completion of assessment and report.
Sec. 424. Authorization of appropriations.
Subtitle C--Sequestration Activities
Sec. 431. Carbon dioxide storage inventory.
Sec. 432. Framework for geological carbon sequestration on Federal
lands.
Subtitle D--Natural Resources and Wildlife Programs
Chapter 1--Natural Resources Management and Climate Change
Sec. 441. Interagency Council on Climate Change.
Chapter 2--National Policy and Strategy for Wildlife
Sec. 452. National policy on wildlife and global warming.
Sec. 454. National strategy.
Sec. 455. Advisory board.
Sec. 456. Authorization of appropriations.
Chapter 3--State and Tribal Wildlife Grants Program
Sec. 461. State and Tribal Wildlife Grants Program.
Subtitle E--Ocean Programs
Sec. 471. Ocean Policy, Global Warming, and Acidification
Program.
Sec. 472. Planning for climate change in the coastal
zone.
Sec. 473. Enhancing climate change predictions.
TITLE V--ADDITIONAL PROVISIONS
Sec. 501. Sharing of penalties.
Sec. 502. Sharing of fees.
Sec. 503. Oil shale community impact assistance.
Sec. 504. Additional notice requirements.
TITLE I--ENERGY POLICY ACT OF 2005 REFORMS
SEC. 101. FISCALLY RESPONSIBLE ENERGY AMENDMENTS.
(a) Requirement To Establish Cost Recovery Fee- Section 365(i) of the
Energy Policy Act of 2005 (Public Law 109-58; 42 U.S.C. 15924(i)) is amended
to read as follows:
`(i) Fee for Applications for Permits to Drill-
`(1) REQUIREMENT TO ESTABLISH COST RECOVERY FEE- The Secretary of
the Interior shall promulgate regulations to establish a cost recovery fee
for applications for a permit to drill for oil and gas on Federal lands
administered by the Secretary.
`(2) TEMPORARY FEE- Until such time as a fee is established by such
regulations, the Secretary shall charge a cost recovery fee of $1,700 for
each such application received on or after October 1, 2007.'.
(b) Repeal of BLM Permit Processing Improvement Fund-
(1) REPEAL- Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is
amended by striking subsection (c).
(2) TREATMENT OF BALANCE- Any balances remaining in the BLM Permit
Processing Improvement Fund on the effective date of this subsection shall
be transferred to the general fund of the Treasury of the United
States.
(3) EFFECTIVE DATE- This subsection shall take effect on October 1,
2007.
SEC. 102. EXTENSION OF DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR
PERMITS.
Subsection (p)(2) of section 17 of the Mineral Leasing Act (30 U.S.C.
226) is amended by striking `30' and inserting `90'.
SEC. 103. ENERGY RIGHTS-OF-WAY CORRIDORS ON FEDERAL LAND.
(a) Repeal of Requirements To Designate Energy Rights-of-Way Corridors
on Federal Land- Section 368 of the Energy Policy Act of 2005 (Public Law
109-58; 42 U.S.C.15926) is amended--
(1) in subsection (a), by striking `Not later than 2 years after the
date of enactment of this Act, the' and inserting `The'; and
(2) in subsection (b), by striking `Not later than 4 years after the
date of enactment of this Act, the' and inserting `The'.
(1) STUDY- Not later than 6 months after the date of enactment of
this Act, the Secretary of Agriculture, the Secretary of Commerce, the
Secretary of Defense, the Secretary of Energy, and the Secretary of the
Interior (in this subsection referred to collectively as `the Secretaries')
shall, in consultation with affected States, complete a study
of--
(A) congestion and constraints in transmission of electricity,
carbon dioxide captured from coal-fired powerplants and coal-to-liquids
plants, liquid fuels derived from coal, oil, gas, and
hydrogen;
(B) barriers to access for transmission from renewable energy
sources, such as large and small conventional hydropower, wind energy, and
solar energy; and
(C) the need for energy corridors on public lands to address
identified congestion or constraints.
(2) CONSIDERATIONS- In performing the study, the
Secretaries--
(A) shall take into account the studies of electrical transmission
congestion completed under section 216(a)(1) of the Federal Power Act (16
U.S.C. 824(p)(a)(1)), other projects authorized or under consideration on
public lands and such projects outside public lands, and alternatives,
individually and in concert, that could be implemented to address the
needs identified, including an analysis of demand reduction, available new
technology, and distributed generation measures that could be
taken;
(B) shall not consider as available for designation as a corridor,
any area that is--
(i) within one mile of any place designated or otherwise
identified by State or Federal law or any applicable Federal or State
land use plan for recognition or protection of scenic, natural,
cultural, or historic resources; or
(ii) in a sensitive ecological area, including any area that is
designated as critical habitat under the Endangered Species Act of 1973
or otherwise identified as sensitive or crucial habitat, including
seasonal habitat, by the United States Fish and Wildlife Service, by a
State agency responsible for managing wildlife or wildlife habitat, or
in a Federal or State land use plan;
(C) identify opportunities to mitigate to the maximum extent
practicable the potential impact of designating energy corridors, and of
the reasonably foreseeable uses of those corridors for power lines,
pipelines, and other transmission facilities, on natural, scenic,
cultural, and historic values and areas referred to in subparagraph (B),
the protection of which is in the national interest, including
opportunities to minimize the width of corridors, limiting the types and
numbers of uses of corridors, and placement of facilities underground;
and
(D) identify opportunities to improve access to the national
electric power grid for generators of renewable energy, such as wind,
hydropower, biomass, hydrogen, geothermal, and solar.
(3) UPDATES- The Secretaries shall periodically update the results
of the study as they consider appropriate.
(4) REPORTS- After considering recommendations from interested
persons (including an opportunity for comment from the public and affected
States), the Secretaries shall issue--
(A) a report presenting the results of the study;
and
(B) a report on each update of the study under paragraph
(3).
(c) Deferral of Designation of Energy Corridors Pending Completion of
Study-
(1) LIMITATION ON ACTIONS PENDING COMPLETION OF STUDY- The
Secretaries shall not designate energy corridors on public lands, including
those corridors under consideration based on section 368 of the Energy
Policy Act of 2005 (Public Law 109-58) as in effect prior to the enactment
of this Act, and shall not authorize specific rights-of-way or projects in
such corridors, until the study under subsection (b) is
completed.
(2) USE OF STUDY RESULTS FOR ACTIONS AFTER COMPLETION OF STUDY-
(A) IN GENERAL- Subject to subparagraph (B), after completion of
the study under subsection (b), the Secretaries shall use the results of
the study to inform subsequent decisions to grant rights-of-way, including
under title V of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1761 et seq.), and to amend land use plans to designate energy
corridors or authorize rights-of-way, in any area for which no such
designation or authorization currently exists.
(B) LIMITATION ON USE- The results of the study shall not affect
the Secretaries' obligations to analyze the environmental consequences of
a designation or authorization referred to in subparagraph (A), or to
otherwise comply with applicable laws.
(d) Authority To Authorize Rights-of-Way- Nothing in this section
shall limit the ability of the Secretaries to authorize rights-of-way for
energy transmission projects that are consistent with the governing land use
plan, after completion of environmental analysis and compliance with
applicable laws.
SEC. 104. OIL SHALE AND TAR SANDS LEASING.
Section 369 of the Energy Policy Act of 2005 (42 U.S.C. 15927) is
amended--
(1) in subsection (c), by striking `not later than 180 days after
the date of enactment of this Act,';
(2) in subsection (c), by striking `shall make' and inserting `may
make';
(3) in subsection (d)(1), by striking `Not later than 18 months
after the date of enactment of this Act, in' and inserting `In';
(4) in subsection (d)(2)--
(A) in the heading by striking `FINAL' and inserting `PROPOSED';
and
(B) in the text by striking `final' and inserting
`proposed';
(5) in subsection (d)(2), by striking `6' and inserting
`12';
(6) in subsection (d)(2) by inserting after the period `The proposed
regulations developed under this paragraph are to be open for public comment
for no less than 180 days.';
(7) by redesignating subsections (e) through (s) as subsections (g)
through (u), and by inserting after subsection (d) the following:
`(e) Oil Shale and Tar Sands Leasing and Development Strategy-
`(1) GENERAL- Not later than 6 months after the completion of the
programmatic environmental impact statement under subsection (d), the
Secretary shall prepare an oil shale and tar sands leasing and development
strategy, in cooperation with the Secretary of Energy and the Administrator
of the Environmental Protection Agency.
`(2) PURPOSE- The purpose of the strategy developed under this
subsection is to allow for the sustainable and publicly acceptable
large-scale development of oil shale within the Green River
Formation.
`(3) CONTENTS- The strategy shall include plans and programs for
obtaining information required for determining the optimal methods,
locations, amount, and timeframe for potential development on federal lands
within the Green River Formation. The strategy shall also include plans for
conducting critical environmental and ecological research, high-payoff
process improvement research, an assessment of carbon management options,
and a large-scale demonstration of carbon dioxide sequestration in the
general vicinity of the Piceance Basin.
`(f) Alternative Approaches- Not later than nine months after the
completion of the programmatic environmental impact statement under subsection
(d), the Secretary shall, in cooperation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, prepare and publish a
report on alternative approaches to providing access to Federal lands for
early first-of-a-kind commercial facilities for extracting and processing oil
shale and tar sands.';
(8) in subsection (g), as so redesignated, by striking `of the final
regulation required by subsection (d)' and inserting `of final regulations
issued under this section';
(9) in subsection (g), as so redesignated, by adding at the end the
following: `Compliance with the National Environmental Policy Act of 1969 is
required on a site-by-site basis for all lands proposed to be leased under
the commercial leasing program established in this subsection.';
and
(10) in subsection (i)(1)(B), as so redesignated, by striking
`subsection (e)' and inserting `subsection (g)'.
SEC. 105. LIMITATION OF REBUTTABLE PRESUMPTION REGARDING APPLICATION OF
CATEGORICAL EXCLUSION UNDER NEPA FOR OIL AND GAS EXPLORATION AND DEVELOPMENT
ACTIVITIES.
Section 390 of the Energy Policy Act of 2005 (Public Law 109-58; 42
U.S.C. 15942) is amended--
(1) in subsection (b)(3), by inserting `, other than at such a
location or site in an area that is crucial wildlife habitat or a
significant wildlife corridor' after `activity' ; and
(2) by adding at the end the following:
`(c) Adherence to CEQ Regulations- In administering this section, the
Secretary of the Interior in managing the public lands, and the Secretary of
Agriculture in managing National Forest System lands, shall adhere to the
regulations issued by the Council on Environmental Quality relating to
categorical exclusions (40 C.F.R. 1507.3 and 1508.4), as in effect on the date
of enactment of this Act.'.
SEC. 106. BEST MANAGEMENT PRACTICES.
Not later than 180 days after the date of enactment of this Act, the
Secretary of the Interior, through the Bureau of Land Management, shall amend
the best management practices guidelines for oil and gas development on
Federal lands, to--
(1) require public review and comment prior to waiving any
stipulation of an oil and gas lease for such lands, except in the case of an
emergency; and
(2) create an incentive for oil and gas operators to adopt best
management practices that minimize adverse impacts to wildlife habitat, by
providing expedited permit review for any operator that commits to adhering
to those practices without seeking waiver of such stipulations.
SEC. 107. FEDERAL CONSISTENCY APPEALS.
(a) Short Title- This section may be cited as the `Federal Consistency
Appeals Decision Refinement Act'.
(b) Clarification of Appeal Decision Time Periods and Information
Requirements- Section 319(b) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1465(b)) is amended--
(1) in paragraph (1), by striking `160-day' and inserting
`320-day';
(2) in paragraph (3)(A)--
(A) by striking `160-day' and inserting `320-day';
and
(B) by amending clause (ii) to read as follows:
`(ii) as the Secretary determines necessary to receive, on an
expedited basis, any supplemental or clarifying information relevant to
the consolidated record compiled by the lead Federal permitting agency
to complete a consistency review under this title.';
and
(3) in paragraph (3)(B)--
(A) by striking `160-day' and inserting `320-day';
and
(B) by striking `for a period not to exceed 60 days.' and
inserting `once.'.
TITLE II--FEDERAL ENERGY PUBLIC ACCOUNTABILITY, INTEGRITY, AND
PUBLIC INTEREST
Subtitle A--Accountability and Integrity in the Federal Energy
Program
SEC. 201. LIMITATIONS ON ROYALTY IN-KIND.
Section 342 of the Energy Policy Act of 2005 (42 U.S.C. 15902(d)) is
amended--
(A) in the heading by striking `Benefit' and inserting `Filling of
Strategic Petroleum Reserve and Benefit'; and
(B) by striking `only if' and inserting `only if receiving such
royalties in-kind is for the purpose of filling the Strategic Petroleum
Reserve and'; and
(2) by adding at the end:
`(1) IN GENERAL- No amount of the total amount of royalties
collected by the Secretary in a fiscal year may be collected as royalties
in-kind.
`(2) EXCEPTION- Paragraph (1) shall not apply with respect to
royalties in-kind collected for the purpose of filling the Strategic
Petroleum Reserve.'.
SEC. 202. AUDITS.
(a) Requirement To Increase the Number of Audits- The Secretary of the
Interior shall ensure that by fiscal year 2009 the Minerals Management Service
shall perform no less that 550 audits of oil and gas leases each fiscal
year.
(b) Standards- Not later than 120 days after the date of enactment of
this Act, the Secretary of the Interior shall issue regulations that require
that all employees that conduct audits or compliance reviews must meet
professional auditor qualifications that are consistent with the latest
revision of the Government Auditing Standards published by the Government
Accountability Office. Such regulations shall also ensure that all audits
conducted by the Department of the Interior are performed in accordance with
such standards.
SEC. 203. FINES AND PENALTIES.
(a) Sanctions for Violations Relating to Federal Oil and Gas
Royalties- Section 109 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1719) is amended to read as follows:
`CIVIL PENALTIES
`Sec. 109. (a) Royalty Violations- (1) No person shall--
`(A) after due notice of violation or after such violation has been
reported under paragraph (3)(A), fail or refuse to comply with any
requirement of any mineral leasing law or any regulation, order, lease, or
permit under such a law;
`(B) fail or refuse to make any royalty payment in the amount or
value required by any mineral leasing law or any regulation, order, or lease
under such a law;
`(C) fail or refuse to make any royalty payment by the date required
by any mineral leasing law or any regulation, order, or lease under such a
law; or
`(D) prepare, maintain, or submit any false, inaccurate, or
misleading report, notice, affidavit, record, data, or other written
information or filing related to royalty payments that is required under any
mineral leasing law or regulation issued under any mineral leasing
law.
`(2) A person who violates paragraph (1) shall be liable--
`(A) in the case of a violation of subparagraph (B) or (C) of
paragraph (1) for an amount equal to 3 times the royalty the person fails or
refuses to pay, plus interest on that trebled amount measured from the first
date the royalty payment was due; and
`(B) in the case of any violation, for a civil penalty of up to
$25,000 per violation for each day the violation continues.
`(3) Paragraph (2) shall not apply to a violation of paragraph (1) if
the person who commits the violation, within 30 days of the
violation--
`(A) reports the violation to the Secretary or a representative
designated by the Secretary; and
`(B) corrects the violation.
`(b) Lease Administration Violations- Any person who--
`(1) fails to notify the Secretary of--
`(A) any designation by the person under section 102(a);
or
`(B) any other assignment of obligations or responsibilities of
the person under a lease;
`(2) fails or refuses to permit--
`(B) inspection, including any inspection authorized by section
108; or
`(C) audit, including any failure or refusal to promptly tender
requested documents;
`(3) fails or refuses to comply with subsection 102(b)(3) (relating
to notification regarding beginning or resumption of production);
or
`(4) fails to correctly report and timely provide operations or
financial records necessary for the Secretary or any authorized designee of
the Secretary to accomplish lease management responsibilities,
shall be liable for a penalty of up to $10,000 per violation for each
day such violation continues.
`(c) Theft- Any person who--
`(1) knowingly or willfully takes or removes, transports, uses or
diverts any oil or gas from any lease site without having valid legal
authority to do so; or
`(2) purchases, accepts, sells, transports, or conveys to another,
any oil or gas knowing or having reason to know that such oil or gas was
stolen or unlawfully removed or diverted,
shall be liable for a penalty of up to $25,000 per violation for each
day such violation continues without correction.
`(d) Repeated Violations- (1)(A) If the Secretary or an authorized
designee of the Secretary determines that any person has repeatedly violated
subsection (a), (b), or (c), the Secretary or designee shall notify the person
of the violation and demand compliance.
`(B) A person notified pursuant to subparagraph (A) shall correct the
violations by not later than 30 calendar days after the date of the
notification.
`(C) Any person who fails to comply with a demand under subparagraph
(A) shall be liable to the United States for a civil penalty equal to 3 times
the amount of any civil penalty that otherwise applies under subsection (a),
(b), or (c) to the violations to which the demand relates.
`(2) In addition to the penalty provided in paragraph (1)(C), if the
Secretary determines that any person has repeatedly violated subsection (a),
(b), or (c) or any lease management order, the Secretary may--
`(A) shut in and cease production of any oil or gas lease held by
the person;
`(B) prohibit the person--
`(i) from acquiring any additional oil or gas lease, including by
transfer or assignment; and
`(ii) from being designated under section 102(a) to make payments
due under any lease;
`(C) cancel or transfer any interest in an oil or gas lease held by
the person; and
`(D) collect from the person reimbursement, including interest, of
all costs of release, transfer, or reclamation of lease sites canceled or
transferred, including costs of disposing of lease property, facilities, and
equipment.
`(e) Administrative Appeal- (1) Any determination by the Secretary or
a designee of the Secretary of the amount of any royalties or civil penalties
owed under subsection (a), (b), (c), or (d) shall be final, unless within 15
days after notification by the Secretary or designee the person liable for
such amount files an administrative appeal in accordance with regulations
issued by the Secretary.
`(2) If a person files an administrative appeal pursuant to paragraph
(1), the Secretary or designee shall make a final determination in accordance
with the regulations referred to in paragraph (1).
`(f) Deduction- The amount of any penalty under this section, as
finally determined may be deducted from any sums owing by the United States to
the person charged.
`(g) Compromise and Reduction- On a case-by-case basis the Secretary
may compromise or reduce civil penalties under this section.
`(h) Notice- Notice under this subsection (a) shall be by personal
service by an authorized representative of the Secretary or by registered
mail. Any person may, in the manner prescribed by the Secretary, designate a
representative to receive any notice under this subsection.
`(i) Record of Determination- In determining the amount of such
penalty, or whether it should be remitted or reduced, and in what amount, the
Secretary shall state on the record the reasons for his
determinations.
`(j) Judicial Review- Any person who has requested a hearing in
accordance with subsection (e) within the time the Secretary has prescribed
for such a hearing and who is aggrieved by a final order of the Secretary
under this section may seek review of such order in the United States district
court for the judicial district in which the violation allegedly took place.
Review by the district court shall be only on the administrative record and
not de novo. Such an action shall be barred unless filed within 90 days after
the Secretary's final order.
`(k) Failure To Pay- If any person fails to pay an assessment of a
civil penalty under this Act--
`(1) after the order making the assessment has become a final order
and if such person does not file a petition for judicial review of the order
in accordance with subsection (j), or
`(2) after a court in an action brought under subsection (j) has
entered a final judgment in favor of the Secretary,
the court shall have jurisdiction to award the amount assessed plus
interest from the date of the expiration of the 90-day period referred to in
subsection (j). Judgment by the court shall include an order to pay.
`(l) Relationship to Mineral Leasing Act- No person shall be liable
for a civil penalty under subsection (a) or (b) for failure to pay any rental
for any lease automatically terminated pursuant to section 31 of the Mineral
Leasing Act.
`(m) Tolling of Statutes of Limitation- (1) Any determination by the
Secretary or a designee of the Secretary that a person has violated subsection
(a), (b)(2), or (b)(4) shall toll any applicable statute of limitations for
all oil and gas leases held or operated by such person, until the later
of--
`(A) the date on which the person corrects the violation and
certifies that all violations of a like nature have been corrected for all
of the oil and gas leases held or operated by such person; or
`(B) the date a final, nonappealable order has been issued by the
Secretary or a court of competent jurisdiction.
`(2) A person determined by the Secretary or a designee of the
Secretary to have violated subsection (a), (b)(2), or (b)(4) shall maintain
all records with respect to the person's oil and gas leases until the later
of--
`(A) the date the Secretary releases the person from the obligation
to maintain such records; and
`(B) the expiration of the period during which the records must be
maintained under section 103(b).
`(n) State Sharing of Penalties- Amounts received by the United States
in an action brought under section 3730 of title 31, United States Code, that
arises from any underpayment of royalties owed to the United States under any
lease shall be treated as royalties paid to the United States under that lease
for purposes of the mineral leasing laws and the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).'.
(b) Shared Civil Penalties- Section 206 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1736) is amended--
(1) by inserting `trebled royalties or' after `50 per centum of
any'; and
(2) by striking the second sentence.
Subtitle B--Amendments to Federal Oil and Gas Royalty Management Act
of 1982
SEC. 211. AMENDMENTS TO DEFINITIONS.
Section 3 of the Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1702) is amended--
(1) in paragraph (20)(A), by striking `: Provided, That'
and all that follows through `subject of the judicial
proceeding';
(2) in paragraph (20)(B), by striking `(with written notice to the
lessee who designated the designee)';
(3) in paragraph (23)(A), by striking `(with written notice to the
lessee who designated the designee)';
(4) by amending paragraph (24) to read as follows:
`(24) `designee' means any person who pays, offsets, or credits
monies, makes adjustments, requests and receives refunds, or submits reports
with respect to payments a lessee must make pursuant to section
102(a);';
(5) in paragraph (25)(B), by striking `(subject to the provisions of
section 102(a) of this Act)'; and
(6) in paragraph (26), by striking `(with notice to the lessee who
designated the designee)'.
SEC. 212. INTEREST.
(a) Estimated Payments; Interest on Amount of Underpayment- Section
111(j) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C.
1721(j)) is amended by striking `If the estimated payment exceeds the actual
royalties due, interest is owed on the overpayment.'.
(b) Overpayments- Section 111 of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1721) is amended by striking subsections (h)
and (i).
(c) Effective Date- The amendments made by this section shall be
effective one year after the date of enactment of this Act.
SEC. 213. OBLIGATION PERIOD.
Section 115(c) of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1724(c)) is amended by adding at the end the
following:
`(3) ADJUSTMENTS- In the case of an adjustment under section 111A(a)
(30 U.S.C. 1721a(a)) in which a recoupment by the lessee results in an
underpayment of an obligation, for purposes of this Act the obligation
becomes due on the date the lessee or its designee makes the
adjustment.'.
SEC. 214. TOLLING AGREEMENTS AND SUBPOENAS.
(a) Tolling Agreements- Section 115(d)(1) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1724(d)(1)) is amended by striking
`(with notice to the lessee who designated the designee)'.
(b) Subpoenas- Section 115(d)(2)(A) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is amended by striking `(with
notice to the lessee who designated the designee, which notice shall not
constitute a subpoena to the lessee)'.
SEC. 215. LIABILITY FOR ROYALTY PAYMENTS.
Section 102(a) of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1712(a)) is amended to read as follows:
`(a) In order to increase receipts and achieve effective collections
of royalty and other payments, a lessee who is required to make any royalty or
other payment under a lease or under the mineral leasing laws, shall make such
payments in the time and manner as may be specified by the Secretary or the
applicable delegated State. Any person who pays, offsets or credits monies,
makes adjustments, requests and receives refunds, or submits reports with
respect to payments the lessee must make is the lessee's designee under this
Act. Notwithstanding any other provision of this Act to the contrary, a
designee shall be liable for any payment obligation of any lessee on whose
behalf the designee pays royalty under the lease. The person owning operating
rights in a lease and a person owning legal record title in a lease shall be
liable for that person's pro rata share of payment obligations under the
lease.'.
Subtitle C--Public Interest in the Federal Energy
Program
SEC. 221. SURFACE OWNER PROTECTION.
(a) Definitions- As used in this section--
(1) the term `Secretary' means the Secretary of the
Interior;
(2) the term `lease' means a lease issued by the Secretary under the
Mineral Leasing Act (30 U.S.C. 181 et seq.);
(3) the term `lessee' means the holder of a lease; and
(4) the term `operator' means any person that is responsible under
the terms and conditions of a lease for the operations conducted on leased
lands or any portion thereof.
(b) Post-Lease Surface Use Agreement-
(1) IN GENERAL- Except as provided in subsection (c), the Secretary
may not authorize any operator to conduct exploration and drilling
operations on lands with respect to which title to oil and gas resources is
held by the United States but title to the surface estate is not held by the
United States, until the operator has filed with the Secretary a document,
signed by the operator and the surface owner or owners, showing that the
operator has secured a written surface use agreement between the operator
and the surface owner or owners that meets the requirements of paragraph
(2).
(2) CONTENTS- The surface use agreement shall provide
for--
(A) the use of only such portion of the surface estate as is
reasonably necessary for exploration and drilling operations based on
site-specific conditions;
(B) the accommodation of the surface estate owner to the maximum
extent practicable, including the location, use, timing, and type of
exploration and drilling operations, consistent with the operator's right
to develop the oil and gas estate;
(C) the reclamation of the site to a condition capable of
supporting the uses which such lands were capable of supporting prior to
exploration and drilling operations or other uses as agreed to by the
operator and the surface owner; and
(D) compensation for damages as a result of exploration and
drilling operations, including but not limited to--
(i) loss of income and increased costs
incurred;
(ii) damage to or destruction of personal property, including
crops, forage, and livestock; and
(iii) failure to reclaim the site in accordance with this
subparagraph (C).
(A) IN GENERAL- An operator shall notify the surface estate owner
or owners of the operator's desire to conclude an agreement under this
section. If the surface estate owner and the operator do not reach an
agreement within 90 days after the operator has provided such notice, the
matter shall be referred to third party arbitration for resolution within
a period of 90 days. The cost of such arbitration shall be the
responsibility of the operator.
(B) IDENTIFICATION OF ARBITERS- The Secretary shall identify
persons with experience in conducting arbitrations and shall make this
information available to operators and surface owners.
(C) REFERRAL TO IDENTIFIED ARBITER- Referral of a matter for
arbitration by a person identified by the Secretary pursuant to
subparagraph (B) shall be sufficient to constitute compliance with
subparagraph (A).
(4) ATTORNEYS FEES- If action is taken to enforce or interpret any
of the terms and conditions contained in a surface use agreement, the
prevailing party shall be reimbursed by the other party for reasonable
attorneys fees and actual costs incurred, in addition to any other relief
which a court or arbitration panel may grant.
(c) Authorized Exploration and Drilling Operations-
(1) AUTHORIZATION WITHOUT SURFACE USE AGREEMENT- The Secretary may
authorize an operator to conduct exploration and drilling operations on
lands covered by subsection (b) in the absence of an agreement with the
surface estate owner or owners, if--
(A) the Secretary makes a determination in writing that the
operator made a good faith attempt to conclude such an agreement,
including referral of the matter to arbitration pursuant to subsection
(b)(3), but that no agreement was concluded within 90 days after the
referral to arbitration;
(B) the operator submits a plan of operations that provides for
the matters specified in subsection (b)(2) and for compliance with all
other applicable requirements of Federal and State law; and
(C) the operator posts a bond or other financial assurance in an
amount the Secretary determines to be adequate to ensure compensation to
the surface estate owner for any damages to the site, in the form of a
surety bond, trust fund, letter of credit, government security,
certificate of deposit, cash, or equivalent.
(2) SURFACE OWNER PARTICIPATION- The Secretary shall provide surface
estate owners with an opportunity to--
(A) comment on plans of operations in advance of a determination
of compliance with this section;
(B) participate in bond level determinations and bond release
proceedings under this subsection;
(C) attend an on-site inspection during such determinations and
proceedings;
(D) file written objections to a proposed bond release;
and
(E) request and participate in an on-site inspection when they
have reason to believe there is a violation of the terms and conditions of
a plan of operations.
(3) PAYMENT OF FINANCIAL GUARANTEE- A surface estate owner with
respect to any land subject to a lease may petition the Secretary for
payment of all or any portion of a bond or other financial assurance
required under this subsection as compensation for any damages as a result
of exploration and drilling operations. Pursuant to such a petition, the
Secretary may use such bond or other guarantee to provide compensation to
the surface estate owner for such damages.
(4) BOND RELEASE- Upon request and after inspection and opportunity
for surface estate owner review, the Secretary may release the financial
assurance required under this subsection if the Secretary determines that
exploration and drilling operations have ended and all damages have been
fully compensated.
(d) Surface Owner Notification- The Secretary shall--
(1) notify surface estate owners in writing at least 45 days in
advance of lease sales;
(2) within ten working days after a lease is issued, notify surface
estate owners regarding the identity of the lessee;
(3) notify surface estate owners in writing within 10 working days
concerning any subsequent decisions regarding a lease, such as modifying or
waiving stipulations and approving rights-of-way; and
(4) notify surface estate owners within five business days after
issuance of a drilling permit under a lease.
(e) Regulations- The Secretary shall issue regulations implementing
this section by not later than 1 year after the date of the enactment of this
Act.
SEC. 222. ONSHORE OIL AND GAS RECLAMATION AND BONDING.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
`(q) Reclamation Requirements- An operator producing oil or gas
(including coalbed methane) under a lease issued pursuant to this Act
shall--
`(1) at a minimum restore the land affected to a condition capable
of supporting the uses that it was capable of supporting prior to any
drilling, or higher or better uses of which there is reasonable likelihood,
so long as such use or uses do not present any actual or probable hazard to
public health or safety or pose any actual or probable threat of water
diminution or pollution, and the permit applicants' declared proposed land
use following reclamation is not impractical or unreasonable, inconsistent
with applicable land use policies and plans, or involve unreasonable delay
in implementation, or is violative of Federal or State law;
`(2) ensure that all reclamation efforts proceed in an
environmentally sound manner and as contemporaneously as practicable with
the oil and gas drilling operations; and
`(3) submit with the plan of operations a reclamation plan that
describes in detail the methods and practices that will be used to ensure
complete and timely restoration of all lands affected by oil and gas
operations.
`(r) Reclamation Bond or Other Financial Assurances- An operator
producing oil or gas (including coalbed methane) under a lease issued under
this Act shall post a bond or other financial assurances that cover the
reclamation of that area of land within the permit area upon which the
operator will initiate and conduct oil and gas drilling and reclamation
operations within the initial term of the permit. As succeeding increments of
oil and gas drilling and reclamation operations are to be initiated and
conducted within the permit area, the lessee shall file with the regulatory
authority an additional bond or bonds or other financial assurances to cover
such increments in accordance with this section. The amount of the bond or
other financial assurances required for each bonded area shall depend upon the
reclamation requirements of the approved permit; shall reflect the probable
difficulty of reclamation giving consideration to such factors as topography,
geology of the site, hydrology, and revegetation potential; and shall be
determined by the Secretary. The amount of the bond or other financial
assurances shall be sufficient to assure the completion of the reclamation
plan if the work had to be performed by the Secretary in the event of
forfeiture.
`(s) Regulations- No later than one year after the date of the
enactment of this subsection, the Secretary shall promulgate regulations to
implement the requirements, including for the release of bonds or other
financial assurances, of subsections (q) and (r).'.
SEC. 223. PROTECTION OF WATER RESOURCES.
(a) Mineral Leasing Act Requirements- Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is further amended by adding at the end the
following:
`(1) IN GENERAL- An operator producing oil or gas (including coalbed
methane) under a lease issued under this Act shall--
`(A) remediate or replace the water supply of a water user who
obtains all or part of such user's supply of water for domestic,
agricultural, or other purposes from an underground or surface source that
has been affected by contamination, diminution, or interruption
proximately resulting from drilling operations for such production;
and
`(B) comply with all applicable requirements of Federal and State
law for discharge of any water produced under the lease.
`(2) WATER MANAGEMENT PLAN- An application for a permit to drill
submitted pursuant to a lease issued under this Act shall be accompanied by
a proposed water management plan including provisions to--
`(A) protect the quantity and quality of surface and ground water
systems, both on-site and off-site, from adverse effects of the
exploration, development, and reclamation processes or to provide
alternative sources of water if such protection cannot be
assured;
`(B) protect the rights of present users of water that would be
affected by operations under the lease, including the discharge of any
water produced in connection with such operations that is not reinjected;
and
`(C) identify any agreements with other parties for the beneficial
use of produced waters and the steps that will be taken to comply with
State and Federal laws related to such use.'.
(b) Relation to State Law- Nothing in this subtitle or any amendment
made by this subtitle shall--
(1) be construed as impairing or in any manner affecting any right
or jurisdiction of any State with respect to the waters of such State;
or
(2) be construed as limiting, altering, modifying, or amending any
of the interstate compacts or equitable apportionment decrees that apportion
water among and between States.
(c) Regulations- No later than one year after the date of the
enactment of this Act, the Secretary of the Interior shall promulgate
regulations to implement this section.
SEC. 224. DUE DILIGENCE FEE.
(a) Establishment- The Secretary of the Interior shall, within 180
days after the date of enactment of this Act, issue regulations to establish a
fee with respect to Federal onshore lands that are subject to a lease for
production of oil, natural gas, or coal under which production is not
occurring. Such fee shall apply with respect to lands that are subject to such
a lease that is in effect on the date final regulations are promulgated under
this subsection or that is issued thereafter.
(b) Amount- The amount of the fee shall be $1 per year for each acre
of land that is not in production for that year.
(c) Assessment and Collection- The Secretary shall assess and collect
the fee established under this section.
(d) Deposit and Use- Amounts received by the United States in the form
of the fee established under this section shall be available to the Secretary
of the Interior for use to repair damage to Federal lands and resources caused
by oil and gas development, in accordance with the the documents submitted by
the President with the budget submission for fiscal year 2008 relating to the
Healthy Lands Initiative. Amounts received by the United States as fees under
this section shall be treated as offsetting receipts. Amounts received by the
United States in the form of the fee established under this section from
nonproducing coal leases shall also be available to the Secretary of the
Interior for any coal-to-liquids programs or pilot projects funded in whole or
in part by the Federal Government.
Subtitle D--Wind Energy
SEC. 231. WIND TURBINE GUIDELINES ADVISORY COMMITTEE.
(a) In General- The Secretary of the Interior, within 30 days after
the date of enactment of this Act, shall convene or utilize an existing Wind
Turbine Guidelines Advisory Committee to study and make recommendations to the
Secretary on guidance for avoiding or minimizing impacts to wildlife and their
habitats related to land-based wind energy facilities. The matters assessed by
the Committee shall include the following:
(1) The Service Interim Guidance on Avoiding and Minimizing Wildlife
Impacts from Wind Turbines of 2003.
(2) Balancing potential impacts to wildlife with requirements for
acquiring the information necessary to assess those impacts prior to
selecting sites and designing facilities.
(3) The scientific tools and procedures best able to assess
pre-development risk or benefits provided to wildlife, measure
post-development mortality, assess behavioral modification, and provide
compensatory mitigation for unavoidable impacts.
(4) A process for coordinating State, tribal, local, and national
review and evaluation of the impacts to wildlife from wind energy consistent
with State and Federal laws and international treaties.
(5) Determination of project size thresholds or impacts below which
guidelines may not apply.
(6) Appropriate timetables for phasing-in guidance.
(7) Current State actions to avoid and minimize wildlife impacts
from wind turbines in consultation with State wildlife agencies.
(b) Committee Operations- The Wind Turbine Guidelines Advisory
Committee shall conduct its activities in accordance with the Federal Advisory
Committee Act (5 U.S.C. App.). The Secretary is authorized to provide such
technical analyses and support as is requested by such advisory
committee.
(c) Committee Membership- The membership of the Wind Turbine
Guidelines Advisory Committee shall not exceed 20 members, and shall be
appointed by the Secretary of the Interior to achieve balanced representation
of wind energy development, wildlife conservation, and government. The members
shall include representatives from the United States Fish and Wildlife Service
and other Federal agencies, and representatives from other interested persons,
including States, tribes, wind energy development organizations,
nongovernmental conservation organizations, and local regulatory or licensing
commissions.
(d) Report- The Wind Turbine Advisory Committee shall, within 18
months after the date of enactment of this Act, submit a report to Congress
and the Secretary providing recommended guidance for developing effective
measures to protect wildlife resources and enhance potential benefits to
wildlife that may be identified.
(e) Issuance of Guidance- Not later than 6 months after receiving the
report of the Wind Turbine Guidelines Advisory Committee under subsection (d),
the Secretary shall following public notice and comment issue final guidance
to avoid and minimize impacts to wildlife and their habitats related to
land-based wind energy facilities. Such guidance shall be based upon the
findings and recommendations made in the report.
SEC. 232. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH TO STUDY WIND
ENERGY IMPACTS ON WILDLIFE.
There is authorized to be appropriated to the Secretary of the
Interior $2,000,000 for each of fiscal years 2008 through 2015 for new and
ongoing research efforts to evaluate methods for minimizing wildlife impacts
at wind energy projects and to explore effective mitigation methods that may
be utilized for that purpose.
SEC. 233. ENFORCEMENT.
The Secretary shall enforce the Endangered Species Act of 1973, the
Migratory Bird Treaty Act, the Bald Eagle Protection Act, the Golden Eagle
Protection Act, the Marine Mammal Protection Act of 1973, the National
Environmental Policy Act of 1969, and any other relevant Federal law to
address adverse wildlife impacts related to wind projects. Nothing in this
section preempts State enforcement of applicable State laws.
SEC. 234. SAVINGS CLAUSE.
Nothing in this subtitle preempts any provision of State law or
regulation relating to the siting of wind projects or to consideration or
review of any environmental impacts of wind projects.
Subtitle E--Enhancing Energy Transmission
SEC. 241. POWER MARKETING ADMINISTRATIONS REPORT.
(a) Analysis- The Secretary of Energy, acting through the
Administrators of the Bonneville and Western Area Power Marketing
Administrations and in coordination with regional transmission entities, shall
conduct, or participate with such regional transmission entities to conduct,
an analysis of the existing capacity of transmission systems serving the
States of California, Oregon, and Washington to determine whether the existing
capacity is adequate to accommodate and integrate development and commercial
operation of ocean wave, tidal, and current energy projects in State and
Federal marine waters adjacent to those States.
(b) Report- Based on the analysis conducted under subsection (a), the
Secretary of Energy shall prepare and provide to the Natural Resources
Committee of the House of Representatives and the Energy and Natural Resources
Committee of the Senate, not later than one year after the date of enactment
of this Act, a report identifying changes required, if any, in the capacity of
existing transmission systems serving the States referred to in subsection (a)
in order to reliably and efficiently accommodate and integrate generation from
commercial ocean wave, tidal, and current energy projects in aggregate,
escalating amounts equal to 2.5, 5, and 10 percent of the current electrical
energy consumption in those States.
(c) Limitation on Implementation of Changes- The Secretary of Energy
shall not implement any changes identified in the report under subsection (b)
until the Secretary determines that transmission capacity backlogs associated
with other renewable energies and existing at the time the report is issued
have been accommodated and integrated within transmission systems serving the
States of California, Oregon, and Washington.
(d) Activities Nonreimbursable- Activities carried out under
subsection (a) or (b) shall be nonreimbursable.
(e) Existing Procedures and Queuing Not Affected- Nothing in this
section supercedes existing procedures and queuing pursuant to the appropriate
Open Access Transmission Tariffs filed by the Administrators of the Bonneville
and Western Area Power Administrations.
TITLE III--ALTERNATIVE ENERGY AND EFFICIENCY
SEC. 301. STATE OCEAN AND COASTAL ALTERNATIVE ENERGY PLANNING.
(a) In General- The Coastal Zone Management Act of 1972 (16 U.S.C.
1451 et seq.) is amended by inserting after section 306A the
following:
`OCEAN AND COASTAL ALTERNATIVE ENERGY STATE SURVEYS; ALTERNATIVE ENERGY
SITE IDENTIFICATION AND PLANNING
`Sec. 306B. (a) Grants to States- The Secretary may make grants to
eligible coastal States to support voluntary State efforts to initiate and
complete surveys of portions of coastal State waters and Federal waters
adjacent to a State's coastal zone, in consultation with the Minerals
Management Service, to identify potential areas suitable or unsuitable for the
exploration, development, and production of alternative energy that are
consistent with the enforceable policies of coastal management plans approved
pursuant to section 306A.
`(b) Survey Elements- Surveys developed with grants under this section
may include, but not be limited to--
`(1) hydrographic and bathymetric surveys;
`(2) oceanographic observations and measurements of the physical
ocean environment, especially seismically active areas;
`(3) identification and characterization of significant or sensitive
marine ecosystems or other areas possessing important conservation,
recreational, ecological, historic, or aesthetic values;
`(4) surveys of existing marine uses in the outer Continental Shelf
and identification of potential conflicts;
`(5) inventories and surveys of shore locations and infrastructure
capable of supporting alternative energy development;
`(6) inventories and surveys of offshore locations and
infrastructure capable of supporting alternative energy development;
and
`(7) other actions as may be necessary.
`(c) Participation and Cooperation- To the extent practicable, coastal
States shall provide opportunity for the participation in surveys under this
section by relevant Federal agencies, State agencies, local governments,
regional organizations, port authorities, and other interested parties and
stakeholders, public and private, that is adequate to develop a comprehensive
survey.
`(d) Guidelines- The Secretary shall, within 180 days after the date
of enactment of this section and after consultation with the coastal States,
publish guidelines for the application for and use of grants under this
section.
`(e) Annual Grants- For each of fiscal years 2008 through 2011, the
Secretary may make a grant to a coastal State under this section if the
coastal State demonstrates to the satisfaction of the Secretary that the grant
will be used to develop an alternative energy survey consistent with the
requirements set forth in section 306A and this section.
`(f) Grant Amounts- The amount of any grant under this section shall
not exceed $750,000 for any fiscal year.
`(1) BEFORE FISCAL YEAR 2010- The Secretary shall not require any
State matching fund contribution for grants awarded under this section for
any fiscal year before fiscal year 2010.
`(2) AFTER FISCAL YEAR 2010- The Secretary shall require a coastal
State to provide a matching fund contribution for a grant under this section
for surveys of a State's coastal waters, according to--
`(A) a 2-to-1 ratio of Federal-to-State contributions for fiscal
year 2010; and
`(B) a 1-to-1 ratio of Federal-to-State contributions for fiscal
year 2011.
`(3) LIMITATION- The Secretary shall not require any matching funds
for surveys of Federal waters adjacent to a State's coastal zone.
`(h) Secretarial Review- After an initial grant is made to a coastal
State under this section, no subsequent grant may be made to that coastal
State under this section unless the Secretary finds that the coastal State is
satisfactorily developing its survey.
`(i) Limitation on Eligibility- No coastal State is eligible to
receive grants under this section for more than 4 fiscal years.
`(j) Applicability- This section and the surveys conducted with
assistance under this section shall not be construed to convey any new
authority to any coastal State, or repeal or supersede any existing authority
of any Federal agency, to regulate the siting, licensing, leasing, or
permitting of alternative energy facilities in areas of the outer Continental
Shelf under the administration of the Federal Government. Nothing in this
section repeals or supersedes any existing coastal State authority pursuant to
State or Federal law.
`(k) Priority- Any area that is identified as suitable for potential
alternative energy development under surveys developed with assistance under
this section shall be given priority consideration by Federal agencies for the
siting, licensing, leasing, or permitting of alternative energy facilities.
Any area that is identified as unsuitable under surveys developed with
assistance under this section shall be avoided by Federal agencies to the
maximum extent practicable.
`(l) Assistance by the Secretary- The Secretary shall--
`(1) under section 307(a) and to the extent practicable, make
available to coastal States the resources and capabilities of the National
Oceanic and Atmospheric Administration to provide technical assistance to
the coastal States to develop surveys under this section; and
`(2) encourage other Federal agencies with relevant expertise to
participate in providing technical assistance under this
subsection.'.
(b) Authorization of Appropriations- Section 318(a) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1464) is amended--
(1) in paragraph (1)(C) by striking `and' after the
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
`(3) for grants under section 306B such sums as are necessary;
and'.
SEC. 302. CANAL-SIDE POWER PRODUCTION AT BUREAU OF RECLAMATION
PROJECTS.
(a) Evaluation and Report- Not later than one year after the date of
the enactment of this Act, the Secretary of the Interior shall complete an
evaluation and report to Congress on the potential for developing
rights-of-way along Bureau of Reclamation canals and infrastructure for solar
or wind energy production through leasing of lands or other means. The report
to Congress shall specify--
(1) location of potential rights-of-way for energy
production;
(2) total acreage available for energy production;
(3) existing transmission infrastructure at sites;
(4) estimates of fair market leasing value of potential energy
sites; and
(5) estimate energy development potential at sites.
(b) Consultation- In carrying out this section the Secretary of the
Interior shall consult with persons that would be affected by development of
rights-of-ways referred to in subsection (a), including the beneficiaries of
the canal and infrastructure evaluated under that subsection.
(c) Limitations- Nothing in this section--
(1) shall be construed to authorize the Bureau of Reclamation or any
contractor hired by the Bureau of Reclamation to inventory or access
rights-of-way owned or operated and maintained by non-Federal interests,
unless such interests provide written permission for such inventory or an
agreement or contract governing Federal access is in effect;
(2) shall be construed to impede accessibility, impair project
operations and maintenance, or create additional costs for entities managing
the rights-of-way; or
(3) shall be used as the basis of an increase in project-use power
or preference power costs that will be borne by the consumer.
SEC. 303. INCREASING ENERGY EFFICIENCIES FOR WATER
DESALINATION.
The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law
104-298) is amended by adding at the end the following new section:
`SEC. 10. RESEARCH ON REVERSE OSMOSIS TECHNOLOGY FOR WATER DESALINATION
AND WATER RECYCLING.
`(a) Research Program- The Secretary of the Interior, in consultation
with the Secretary of Energy, shall implement a program to research methods
for improving the energy efficiency of reverse osmosis technology for water
desalination, water contamination, and water recycling.
`(b) Report- Not later than one year after the date of the enactment
of this Act, the Secretary of the Interior shall submit to Congress a report
which shall include--
`(1) a review of existing and emerging technologies, both domestic
and international, that are likely to improve energy efficiency or utilize
renewable energy sources at existing and future desalination and recycling
facilities; and
`(2) an analysis of the economic viability of energy efficiency
technologies.'.
SEC. 304. ESTABLISHING A PILOT PROGRAM FOR THE DEVELOPMENT OF STRATEGIC
SOLAR RESERVES ON FEDERAL LANDS.
(a) Purpose- The purpose of this section is to establish a pilot
program for the development of strategic solar reserve on Federal lands for
the advancement, development, assessment, and installation of commercial
concentrating solar power energy systems.
(b) Strategic Solar Reserve Program-
(1) SITE SELECTION- The Secretary of the Interior, in consultation
with the Secretary of Energy, the Secretary of Defense, and the Federal
Energy Regulatory Commission, States, tribal, or local units of governments,
as appropriate, affected utility industries, and other interested persons,
shall complete the following:
(A) Identify Federal lands under the jurisdiction of the Bureau of
Land Management, subject to valid existing rights, that are suitable and
feasible for the installation of concentrating solar power energy systems
sufficient to create a solar energy reserve of no less than 4 GW and no
more than 25 GW.
(B) Perform any environmental reviews that may be required to
complete the designation of such solar reserves.
(C) Incorporate the designated solar reserves into the relevant
agency land use and resource management plans or equivalent
plans.
(D) Identify the needed transmission upgrades to the solar
reserves.
(2) MINIMUM POWER OF SITES- Each site identified as suitable and
feasible for the installation of concentrating solar power systems shall be
sufficient for the installation of at least 1 GW.
(3) LANDS NOT INCLUDED- The following Federal lands shall not be
included within a strategic solar reserve site:
(A) Components of the National Landscape Conservation
System.
(B) Areas of Critical Environmental Concern.
(4) IMPLEMENTATION OF THE STRATEGIC SOLAR RESERVE LEASING PROGRAM-
(A) IN GENERAL- The Secretary of the Interior, in consultation
with the Secretary of Energy and following the completion of the
requirements under paragraph (1)(B), shall expeditiously implement a
strategic solar reserve leasing program in order to lease lands identified
under paragraph (1)(A) to produce no less than 4 GW and no more than 25 GW
of concentrating solar power from those lands.
(B) CRITERIA FOR APPLICATIONS- The Secretary of the Interior, in
consultation with the Secretary of Energy, shall establish criteria for
approving applications to lease lands under this paragraph based, in part,
on the proposed concentrating solar power technologies proposed to be used
under such leases.
(C) VARIETY OF TECHNOLOGIES- The Secretary of the Interior, in
consultation with the Secretary of Energy, shall provide for a variety of
concentrating solar power technologies to be used under leases under this
paragraph.
(D) MILESTONES- The Secretary of the Interior, in consultation
with the Secretary of Energy, shall develop milestones for activities
under leases under this subsection to ensure due diligence in the
development of lands under such leases.
(5) ENVIRONMENTAL COMPLIANCE- The Secretary of the Interior shall
complete all necessary environmental surveys, compliance and permitting for
rights-of-way pursuant to title V of the Federal Land Policy and Management
Act of 1976 for each strategic solar reserve, as expeditiously as possible.
The applicant shall pay all costs of environmental compliance, including
when a determination is made that the land is not suitable and feasible for
such installation or the bid is withdrawn following the initiation of such
environmental compliance.
(6) PERMITS- The Secretary of the Interior shall ensure that all
strategic solar reserve installation pursuant to this section is permitted
using an expedited permitting process. The Secretary shall, in consultation
with the Secretary of Energy, complete the preparation of a Programmatic
Environmental Impact Statement by the Departments of Energy and the Interior
for concentrating solar power on Federal lands.
(7) RENTAL FEES; LEASE TERM- The rental fee for each strategic solar
reserve right-of-way authorization under this subsection shall be
established at $300 per acre during the 10-year period beginning on the date
of the enactment of this Act. Rental fees after such period shall be
established by regulations promulgated by the Secretary of the Interior and
shall be adjusted by the Secretary each 5 years thereafter. The rental fee
shall be paid in annual payments commencing on the day of operation. During
the development and construction phase of a project, the rental fee shall be
waived. The leases shall be for a term of 30 years. The rental fees
established in this section shall apply to all concentrating solar power
projects that have pending applications with the Bureau of Land Management
as of June 1, 2007.
(8) REPORT TO CONGRESS- The Secretary of the Interior, in
consultation with the Secretary of Energy, shall submit a report to Congress
on the findings of the pilot project--
(A) not later than 3 years after the installation of the first
facility pursuant to this section; and
(B) 10 years after the installation of the first facility pursuant
to this section.
(c) Buy American Act- Beginning 3 years after the date of enactment of
this Act, any equipment used on lands included within a strategic solar
reserve site must be American-made, as that term is used in the Buy American
Act (41 U.S.C. 10a et seq.).
(d) Davis-Bacon Act- Notwithstanding any other provision of law, the
prevailing wage requirements of subchapter IV of chapter 31 of title 40,
United State Code, shall apply to any labor funded under this Act.
(e) Sunset- Except as provided in subsection (b)(7), the authorities
contained in this section shall expire 10 years after the date of the
enactment of this Act.
SEC. 305. OTEC REGULATIONS.
The Administrator of the National Oceanic and Atmospheric
Administration shall, within two years after the date of enactment of this
Act, issue regulations necessary to implement the Administrator's authority to
license offshore thermal energy conversion facilities under the Ocean Thermal
Energy Conversion Research, Development, and Demonstration Act (42 U.S.C. 9001
et seq.).
SEC. 306. BIOMASS UTILIZATION PILOT PROGRAM.
(a) Replacement of Current Grant Program- Section 210 of the Energy
Policy Act of 2005 (42 U.S.C. 15855) is amended to read as follows:
`SEC. 210. BIOMASS UTILIZATION PILOT PROGRAM.
`(a) Findings- Congress finds the following:
`(1) The supply of woody biomass for energy production is directly
linked to forest management planning to a degree far greater than in the
case of other types of energy development.
`(2) As a consequence of this linkage, the process of developing and
evaluating appropriate technologies and facilities for woody biomass energy
and utilization must be integrated with long-term forest management planning
processes, particularly in situations where Federal lands dominate the
forested landscape.
`(b) Biomass Definition for Federal Forest Lands- In this section,
with respect to organic material removed from National Forest System lands or
from public lands administered by the Secretary of the Interior, the term
`biomass' covers only organic material from--
`(1) ecological forest restoration;
`(2) small-diameter byproducts of hazardous fuels
treatments;
`(3) pre-commercial thinnings;
`(c) Pilot Program- The Secretary of Agriculture and the Secretary of
the Interior shall establish a pilot program, to be known as the `Biomass
Utilization Pilot Program', involving 10 different forest types on Federal
lands, under which the Secretary concerned will provide technical assistance
and grants to persons to support the following biomass-related
activities:
`(1) The development of biomass utilization infrastructure to
support hazardous fuel reduction and ecological forest
restoration.
`(2) The research and implementation of integrated facilities that
seek to utilize woody biomass for its highest and best uses, with particular
emphasis on projects that are linked to implementing community wildfire
protection plans, ecological forest restoration, and economic development in
rural communities.
`(3) The testing of multiple technologies and approaches to biomass
utilization for energy, with emphasis on improving energy efficiency,
developing thermal applications and distributed heat, biofuels, and
achieving cleaner emissions including through combustion with other fuels,
as well as other value-added uses.
`(d) Biomass Supply Study- Prior to the development of any biomass
utilization pilot projects, the Secretary concerned shall develop a study to
determine the long-term, ecologically sustainable, biomass supply available in
the pilot program area. The study shall incorporate results form coordinated
resource offering protocol (CROP) studies. The study shall also analyze the
long-term availability of biomass materials within a reasonable transportation
distance. The biomass supply studies shall be developed through a
collaborative approach, as evidenced by the broad involvement, analysis, and
agreement of interested persons, including local governments, energy
developers, conservationists, and land management agencies. The results of the
biomass supply study shall be a basis for determining the project scale, as
outlined in subsection (g).
`(e) Exclusion of Certain Federal Land- The following Federal lands
may not be included within a pilot project site:
`(1) Federal land containing old-growth forest or late-successional
forest, unless the Secretary concerned determines that the pilot project on
such land is appropriate for the applicable forest type and maximizes and
enhances the retention of late-successional and large- and old-growth trees,
late-successional and old-growth forest structure, and late-successional and
old-growth forest composition.
`(2) Federal land on which the removal of vegetation is prohibited,
including components of the National Wilderness Preservation
System.
`(3) Wilderness Study Areas.
`(4) Inventoried roadless areas.
`(5) Components of the National Landscape Conservation
System.
`(f) Multiple Projects- In conducting the pilot program, the Secretary
concerned shall include a variety of projects involving--
`(1) innovations in facilities of various sizes and processing
techniques; and
`(2) the full spectrum of woody biomass producing regions of the
United States.
`(g) Selection Criteria and Project Scale- In selecting the projects
to be conducted under the pilot program, and the appropriate scale of
projects, the Secretary concerned shall consider criteria that evaluate
existing economic, ecological, and social conditions, focusing on
opportunities such as workforce training, job creation, ecosystem health,
reducing energy costs, and facilitating the production of alternative energy
fuels. The agreement on the scale of a project shall be reached through a
collaborative approach, as evidenced by the broad involvement, analysis, and
agreement of interested persons, including local governments, energy
developers, conservationists, and land management agencies. In selecting the
appropriate scale of projects to be conducted under the pilot program, the
Secretary concerned shall also consider the results of the supply study as
outlined in subsection (d).
`(h) Monitoring and Reporting Requirements- As part of the pilot
program, the Secretary concerned shall impose monitoring and reporting
requirements to ensure that the ecological, social, and economic effects of
the projects conducted under the pilot program are being monitored and that
the accomplishments, challenges, and lessons of each project are recorded and
reported.
`(i) Other Definitions- In this section:
`(1) HIGHEST AND BEST USE- The term `highest and best use', with
regard to biomass, means--
`(A) creating from raw materials those products and those biomass
uses that will achieve the highest market value; and
`(B) yielding a wide range of existing and innovative products and
biomass uses that create new markets, stimulate existing ones, and improve
rural economies, maintains or improves ecosystem integrity, while also
supporting traditional biomass energy generation.
`(2) PILOT PROGRAM- The term `pilot program' means the Biomass
Utilization Pilot Program established pursuant to this section.
`(3) SECRETARY CONCERNED- The term `Secretary concerned' means the
Secretary of Agriculture, with respect to National Forest System lands, and
the Secretary of the Interior, with respect to public lands administered by
the Secretary of the Interior.
`(4) COMMUNITY WILDFIRE PROTECTION PLAN- The term `community
wildfire protection plan' has the meaning given that term in section 101(3)
of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6511(3)), which is
further described by the Western Governors Association in the document
entitled `Preparing a Community Wildfire Protection Plan: A Handbook for
Wildland-Interface Communities' and dated March 2004.
`(5) FEDERAL LAND- The term `Federal land' means--
`(A) land of the National Forest System (as defined in section
11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)) administered by the Secretary of Agriculture, acting
through the Chief of the Forest Service; and
`(B) public lands (as defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702)), the surface of which
is administered by the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
`(6) INVENTORIED ROADLESS AREA- The term `Inventoried roadless area'
means one of the areas identified in the set of inventoried roadless areas
maps contained in the Forest Service Roadless Areas Conservation, Final
Environmental Impact Statement, Volume 2, dated November 2000.
`(j) Authorization of Appropriations- There is authorized to be
appropriated such sums as may be necessary to carry out the pilot
program.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such
Act is amended by striking the item relating to section 210 and inserting the
following new item:
`Sec. 210. Biomass utilization pilot program.'.
SEC. 307. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.
The Secretary of Commerce and the Secretary of the Interior shall, in
cooperation with the Federal Energy Regulatory Commission and the Secretary of
Energy, and in consultation with appropriate State agencies, jointly prepare
programmatic environmental impact statements which contain all the elements of
an environmental impact statement under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332), regarding the impacts of
the deployment of marine and hydrokinetic renewable energy technologies in the
navigable waters of the United States. One programmatic environmental impact
statement shall be prepared under this section for each of the Environmental
Protection Agency regions of the United States. The agencies shall issue the
programmatic environmental impact statements under this section not later than
18 months after the date of enactment of this Act. The programmatic
environmental impact statements shall evaluate among other things the
potential impacts of site selection on fish and wildlife and related habitat.
Nothing in this section shall operate to delay consideration of any
application for a license or permit for a marine and hydrokinetic renewable
energy technology project.
TITLE IV--CARBON CAPTURE AND CLIMATE CHANGE
MITIGATION
Subtitle A--Geological Sequestration Assessment
SEC. 401. SHORT TITLE.
This subtitle may be cited as the `National Carbon Dioxide Storage
Capacity Assessment Act of 2007'.
SEC. 402. NATIONAL ASSESSMENT.
(a) Definitions- In this section:
(1) ASSESSMENT- The term `assessment' means the national assessment
of capacity for carbon dioxide completed under subsection (f).
(2) CAPACITY- The term `capacity' means the portion of a storage
formation that can retain carbon dioxide in accordance with the requirements
(including physical, geological, and economic requirements) established
under the methodology developed under subsection (b).
(3) ENGINEERED HAZARD- The term `engineered hazard' includes the
location and completion history of any well that could affect potential
storage.
(4) RISK- The term `risk' includes any risk posed by geomechanical,
geochemical, hydrogeological, structural, and engineered hazards.
(5) SECRETARY- The term `Secretary' means the Secretary of the
Interior, acting through the Director of the United States Geological
Survey.
(6) STORAGE FORMATION- The term `storage formation' means a deep
saline formation, unmineable coal seam, or oil or gas reservoir that is
capable of accommodating a volume of industrial carbon dioxide.
(b) Methodology- Not later than 1 year after the date of enactment of
this Act, the Secretary shall develop a methodology for conducting an
assessment under subsection (f), taking into consideration--
(1) the geographical extent of all potential storage formations in
all States;
(2) the capacity of the potential storage formations;
(3) the injectivity of the potential storage formations;
(4) an estimate of potential volumes of oil and gas recoverable by
injection and storage of industrial carbon dioxide in potential storage
formations;
(5) the risk associated with the potential storage formations;
and
(6) the Carbon Sequestration Atlas of the United States and Canada
that was completed by the Department of Energy in April 2006.
(1) FEDERAL COORDINATION-
(A) CONSULTATION- The Secretary shall consult with the Secretary
of Energy and the Administrator of the Environmental Protection Agency on
issues of data sharing, format, development of the methodology, and
content of the assessment required under this section to ensure the
maximum usefulness and success of the assessment.
(B) COOPERATION- The Secretary of Energy and the Administrator
shall cooperate with the Secretary to ensure, to the maximum extent
practicable, the usefulness and success of the assessment.
(2) STATE COORDINATION- The Secretary shall consult with State
geological surveys and other relevant entities to ensure, to the maximum
extent practicable, the usefulness and success of the assessment.
(d) External Review and Publication- On completion of the methodology
under subsection (b), the Secretary shall--
(1) publish the methodology and solicit comments from the public and
the heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the matters
described in paragraphs (1) through (5) of subsection (b) composed, as
appropriate, of representatives of Federal agencies, institutions of higher
education, nongovernmental organizations, State organizations, industry, and
international geoscience organizations to review the methodology and
comments received under paragraph (1); and
(3) on completion of the review under paragraph (2), publish in the
Federal Register the revised final methodology.
(e) Periodic Updates- The methodology developed under this section
shall be updated periodically (including at least once every 5 years) to
incorporate new data as the data becomes available.
(1) IN GENERAL- Not later than 2 years after the date of publication
of the methodology under subsection (d)(1), the Secretary, in consultation
with the Secretary of Energy and State geological surveys, shall complete a
national assessment of capacity for carbon dioxide in accordance with the
methodology.
(2) GEOLOGICAL VERIFICATION- As part of the assessment under this
subsection, the Secretary shall carry out a drilling program to supplement
the geological data relevant to determining storage capacity of carbon
dioxide in geological storage formations, including--
(3) PARTNERSHIP WITH OTHER DRILLING PROGRAMS- As part of the
drilling program under paragraph (2), the Secretary shall enter, as
appropriate, into partnerships with other entities to collect and integrate
data from other drilling programs relevant to the storage of carbon dioxide
in geologic formations.
(4) INCORPORATION INTO NATCARB-
(A) IN GENERAL- On completion of the assessment, the Secretary of
Energy shall incorporate the results of the assessment using the NatCarb
database, to the maximum extent practicable.
(B) RANKING- The database shall include the data necessary to rank
potential storage sites for capacity and risk, across the United States,
within each State, by formation, and within each basin.
(5) REPORT- Not later than 180 days after the date on which the
assessment is completed, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report describing the findings
under the assessment.
(6) PERIODIC UPDATES- The national assessment developed under this
section shall be updated periodically (including at least once every 5
years) to support public and private sector decisionmaking.
(g) Authorization of Appropriations- There is authorized to be
appropriated to carry out this section $30,000,000 for the period of fiscal
years 2008 through 2012.
Subtitle B--Terrestrial Sequestration Assessment
SEC. 421. REQUIREMENT TO CONDUCT AN ASSESSMENT.
(a) In General- The Secretary of the Interior, acting through the
United States Geological Survey, shall--
(1) conduct an assessment of the amount of carbon stored in
terrestrial, aquatic, and coastal ecosystems (including
estuaries);
(2) determine the processes that control the flux of carbon in and
out of each ecosystem;
(3) estimate the potential for increasing carbon sequestration in
natural systems through management measures or restoration activities in
each ecosystem; and
(4) develop near-term and long-term adaptation strategies that can
be employed to enhance the sequestration of carbon in each
ecosystem.
(b) Use of Native Plant Species- In developing management measures,
restoration activities, or adaptation strategies, the Secretary shall
emphasize the use of native plant species for each ecosystem.
(c) Consultation- The Secretary shall develop the methodology and
conduct the assessment in consultation with the Secretary of Energy, the
Administrator of the National Oceanic and Atmospheric Administration, and the
heads of other relevant agencies.
SEC. 422. METHODOLOGY.
(a) In General- Within 270 days after the date of enactment of this
Act, the Secretary shall develop a methodology for conducting the
assessment.
(b) Publication of Proposed Methodology; Comment- Upon completion of a
proposed methodology, the Secretary shall publish the proposed methodology and
solicit comments from the public and heads of affected Federal and State
agencies for 60 days before publishing a final methodology.
SEC. 423. COMPLETION OF ASSESSMENT AND REPORT.
(1) complete the national assessment within 2 years after
publication of the final methodology under section 422; and
(2) submit a report describing the results of the assessment to the
House Committee on Natural Resources and the Senate Committee on Energy and
Natural Resources within 180 days after the assessment is
completed.
SEC. 424. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$15,000,000 for the period of fiscal years 2008 through 2012.
Subtitle C--Sequestration Activities
SEC. 431. CARBON DIOXIDE STORAGE INVENTORY.
Section 354 of the Energy Policy Act of 2005 (42 U.S.C. 15910) is
amended by redesignating subsection (d) as subsection (e), and by inserting
after subsection (c) the following:
`(d) Records and Inventory- The Secretary of the Interior, acting
through the Bureau of Land Management, shall maintain records on and an
inventory of the amount of carbon dioxide stored from Federal energy
leases.'.
SEC. 432. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION ON FEDERAL
LANDS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report on a recommended regulatory and certification
framework for conducting geological carbon sequestration activities on Federal
lands. The Secretary shall identify a lead agency within the Department of the
Interior to develop this framework. One of the goals of the framework shall be
to identify what actions need to be taken in order to allow for
commercial-scale geological carbon sequestration activities to be undertaken
on Federal lands as expeditiously as possible.
Subtitle D--Natural Resources and Wildlife
Programs
CHAPTER 1--NATURAL RESOURCES MANAGEMENT AND CLIMATE
CHANGE
SEC. 441. INTERAGENCY COUNCIL ON CLIMATE CHANGE.
(a) Establishment- The Secretary of the Interior shall establish an
Interagency Council on Climate Change to address the impacts of climate change
on Federal lands, the ocean environment, and the Federal water infrastructure.
The panel shall include the head of each of the following agencies:
(1) The Bureau of Land Management.
(2) The National Park Service.
(3) United States Geological Survey.
(4) The United States Fish and Wildlife Service.
(6) The National Oceanic and Atmospheric Administration.
(7) The Bureau of Reclamation.
(8) The Council on Environmental Quality.
(9) The Minerals Management Service.
(10) The Office of Surface Mining Reclamation and
Enforcement.
(b) Plan- Not later than one year after the date of the enactment of
this Act, the Secretary of the Interior shall submit a plan to Congress
describing what the agencies listed in subsection (a) shall do both
individually and cooperatively to accomplish the following:
(1) Working in cooperation with the United States Geological Survey,
develop an interagency inventory and Geographic Information System database
of United States ecosystems, water supplies, and water infrastructure
vulnerable to climate change.
(2) Manage land, water, and ocean resources in a manner that takes
into account projected climate change impacts, including but not limited to,
prolonged periods of drought, changing hydrology, and in the case of oceans,
increasing ocean acidification.
(3) Develop consistent protocols to incorporate climate change
impacts in land and water management decisions across land and water
resources under the jurisdiction of those agencies listed in subsection
(a).
(4) Incorporate the most current, peer-reviewed science on climate
change and the economic, social, and ecological impacts of climate change
into the decision making process of those agencies listed in subsection
(a).
CHAPTER 2--NATIONAL POLICY AND STRATEGY FOR WILDLIFE
SEC. 451. SHORT TITLE.
This chapter may be cited as the `Global Warming Wildlife Survival
Act'.
SEC. 452. NATIONAL POLICY ON WILDLIFE AND GLOBAL WARMING.
It is the policy of the Federal Government, in cooperation with State,
tribal, and affected local governments, other concerned public and private
organizations, landowners, and citizens to use all practicable means and
measures--
(1) to assist wildlife populations and their habitats in adapting to
and surviving the effects of global warming; and
(2) to ensure the persistence and resilience of the wildlife of the
United States, together with its habitat, as an essential part of our
Nation's culture, landscape, and natural resources.
SEC. 453. DEFINITIONS.
(1) ECOLOGICAL PROCESSES- The term `ecological processes' means the
biological, chemical, and physical interactions between the biotic and
abiotic components of ecosystems, including nutrient cycling, pollination,
predator-prey relationships, soil formation, gene flow, hydrologic cycling,
decomposition, and disturbance regimes such as fire and flooding.
(2) HABITAT LINKAGES- The term `habitat linkages' means areas that
connect wildlife habitat or potential wildlife habitat, and that facilitate
the ability of wildlife to move within a landscape in response to the
effects of global warming.
(3) SECRETARY- The term `Secretary' means the Secretary of the
Interior.
(4) WILDLIFE- The term `wildlife' means--
(A) any species of wild, free-ranging fauna, including fish and
other aquatic species; and
(B) any fauna in a captive breeding program the object of which is
to reintroduce individuals of a depleted indigenous species into
previously occupied range.
(5) HABITAT- The term `habitat' means the physical, chemical, and
biological properties that are used by wildlife for growth, reproduction,
and survival, including aquatic and terrestrial plant communities, food,
water, cover, and space, on a tract of land, in a body of water, or in an
area or region.
SEC. 454. NATIONAL STRATEGY.
(1) IN GENERAL- The Secretary shall, within two years after the date
of the enactment of this Act, on the basis of the best available science as
provided by the science advisory board under section 455, promulgate a
national strategy for assisting wildlife populations and their habitats in
adapting to the impacts of global warming.
(2) CONSULTATION AND COMMENT- In developing the national strategy,
the Secretary shall--
(A) consult with the Secretary of Agriculture, the Secretary of
Commerce, the Administrator of the Environmental Protection Agency, State
fish and wildlife agencies, Indian tribes, local governments, conservation
organizations, scientists, and other interested stakeholders;
and
(B) provide opportunity for public comment.
(1) IN GENERAL- The Secretary shall include in the national strategy
prioritized goals and measures to--
(A) identify and monitor wildlife populations, including game
species, likely to be adversely affected by global warming, with
particular emphasis on wildlife populations at greatest need for
conservation;
(B) identify and monitor coastal, marine, terrestrial, and
freshwater habitat at greatest risk of being damaged by global
warming;
(C) assist species in adapting to the impacts of global
warming;
(D) protect, acquire, and restore wildlife habitat to build
resilience to global warming;
(E) provide habitat linkages and corridors to facilitate wildlife
movements in response to global warming;
(F) restore and protect ecological processes that sustain wildlife
populations vulnerable to global warming; and
(G) incorporate consideration of climate change in, and integrate
climate change adaptation strategies for wildlife and its habitat into,
the planning and management of Federal lands administered by the
Department of the Interior and lands administered by the Forest
Service.
(2) COORDINATION WITH OTHER PLANS- In developing the national
strategy, the Secretary shall to the maximum extent practicable--
(A) take into consideration research and information in State
comprehensive wildlife conservation plans, the North American Waterfowl
Management Plan, the National Fish Habitat Action Plan, and other relevant
wildlife conservation plans; and
(B) coordinate and integrate, to the extent consistent with the
policy set forth in section 452, the goals and measures identified in the
national strategy with goals and measures identified in such
plans.
(c) Revision- The Secretary shall revise the national strategy not
later than five years after its initial promulgation, and not later than every
ten years thereafter, to reflect new information on the impacts of global
warming on wildlife and its habitat and advances in the development of
strategies for adapting to or mitigating for such impacts.
(1) IMPLEMENTATION ON FEDERAL LAND SYSTEMS- To achieve the goals of
the national strategy and to implement measures for the conservation of
wildlife and its habitat identified in the national strategy--
(A) the Secretary of the Interior shall exercise the authority of
such Secretary under this Act and other laws within the Secretary's
jurisdiction pertaining to the administration of lands; and
(B) the Secretary of Agriculture shall exercise the authority of
such Secretary under this Act and other laws within the Secretary's
jurisdiction pertaining to the administration of lands.
(2) WILDLIFE CONSERVATION PROGRAMS- Consistent with their
authorities under other laws, the Secretary, the Secretary of Agriculture,
and the Secretary of Commerce shall administer wildlife conservation
programs authorized under other laws to achieve the goals of the national
strategy and to implement measures for the conservation of wildlife and its
habitat identified in the national strategy.
SEC. 455. ADVISORY BOARD.
(a) Science Advisory Board-
(1) IN GENERAL- The Secretary shall establish and appoint the
members of a science advisory board comprised of not less than 10 and not
more than 20 members recommended by the President of the National Academy of
Sciences with expertise in wildlife biology, ecology, climate change and
other relevant disciplines. The director of the National Global Warming and
Wildlife Science Center established under subsection (b) shall be an ex
officio member of the science advisory board.
(2) FUNCTIONS- The science advisory board shall--
(A) provide scientific and technical advice and recommendations to
the Secretary on the impacts of global warming on wildlife and its
habitat, areas of habitat of particular importance for the conservation of
wildlife populations affected by global warming, and strategies and
mechanisms to assist wildlife populations and their habitats in adapting
to the impacts of global warming in the management of Federal lands and in
other Federal programs for wildlife conservation;
(B) advise the National Global Warming and Wildlife Science Center
established under subsection (b) and review the quality of the research
programs of the Center; and
(C) advise the Secretary regarding the best science available for
purposes of section 454(a)(1).
(3) PUBLIC AVAILABILITY- The advice and recommendations of the
science advisory board shall be available to the public.
(b) National Global Warming and Wildlife Science Center-
(1) IN GENERAL- The Secretary shall establish the National Global
Warming and Wildlife Science Center within the United States Geological
Survey.
(2) FUNCTIONS- The National Global Warming and Wildlife Science
Center shall--
(A) conduct scientific research on national issues related to the
impacts of global warming on wildlife and its habitat and mechanisms for
adaptation to, mitigation of, or prevention of such impacts;
(B) consult with and advise Federal land management agencies and
Federal wildlife agencies regarding the impacts of global warming on
wildlife and its habitat and mechanisms for adaptation to or mitigation of
such impacts, and the incorporation of information regarding such impacts
and the adoption of mechanisms for adaptation or mitigation of such
impacts in the management and planning for Federal lands and in the
administration of Federal wildlife programs; and
(C) consult with State and local agencies, universities, and other
public and private entities regarding their research, monitoring, and
other efforts to address the impacts of global warming on wildlife and its
habitat.
(3) INTEGRATION WITH OTHER FEDERAL ACTIVITIES- The Secretary, the
Secretary of Agriculture, and the Secretary of Commerce shall ensure that
activities carried out pursuant to this section are integrated with climate
change program activities carried out pursuant to other Federal
law.
(c) Detection of Changes- The Secretary, the Secretary of Agriculture,
and the Secretary of Commerce shall each exercise authorities under other laws
to carry out programs to detect changes in wildlife abundance, distribution,
and behavior related to global warming, including--
(1) conducting species inventories on Federal lands and in marine
areas within the exclusive economic zone of the United States;
and
(2) establishing and implementing robust, coordinated monitoring
programs.
SEC. 456. AUTHORIZATION OF APPROPRIATIONS.
(a) Implementation of National Strategy- Of the amounts appropriated
to carry out this chapter for each fiscal year--
(1) 45 percent are authorized to be made available to Federal
agencies to develop and implement the national strategy promulgated under
section 454 in the administration of the Federal land systems, of
which--
(A) 35 percent shall be allocated to the Department of the
Interior to--
(i) operate the National Global Warming and Wildlife Science
Center established under section 455; and
(ii) carry out the policy set forth in section 452 and implement
the national strategy in the administration of the National Park System
the National Wildlife Refuge System, and on the Bureau of Land
Management's public lands; and
(B) 10 percent shall be allocated to the Department of Agriculture
to carry out the policy set forth in section 452 and implement the
national strategy in the administration of the National Forest
System;
(2) 25 percent are authorized to be made available to Federal
agencies to carry out the policy set forth in section 452 and to implement
the national strategy through fish and wildlife programs, other than for the
operation and maintenance of Federal lands, of which--
(A) 10 percent shall be allocated to the Department of the
Interior to fund endangered species, migratory bird, and other fish and
wildlife programs administered by the United States Fish and Wildlife
Service, other than operations and maintenance of the national wildlife
refuges; and
(B) 15 percent shall be allocated to the Department of the
Interior for implementation of cooperative grant programs benefitting
wildlife including the Cooperative Endangered Species Fund, Private
Stewardship Grants, the North American Wetlands Conservation Act, the
Neotropical Migratory Bird Conservation Fund, and the National Fish
Habitat Action Plan, and used for activities that assist wildlife and its
habitat in adapting to the impacts of global warming; and
(3) 30 percent are authorized to be made available for grants to
States and Indian tribes through the State and tribal wildlife grants
program authorized under section 461, to--
(A) carry out activities that assist wildlife and its habitat in
adapting to the impacts of global warming in accordance with State
comprehensive wildlife conservation plans developed and approved under
that program; and
(B) revise or supplement existing State comprehensive wildlife
conservation plans as necessary to include specific strategies for
assisting wildlife and its habitat in adapting to the impacts of global
warming.
(1) IN GENERAL- Funding is authorized to be made available to States
and Indian tribes pursuant to this section subject to paragraphs (2) and
(3).
(2) INITIAL 5-YEAR PERIOD- During the 5-year period beginning on the
effective date of this Act, a State shall not be eligible to receive such
funding unless the head of the State's wildlife agency has--
(A) approved, and provided to the Secretary, an explicit strategy
to assist wildlife populations in adapting to the impacts of global
warming; and
(B) incorporated such strategy as a supplement to the State's
comprehensive wildlife conservation plan.
(3) SUBSEQUENT PERIOD- After such 5-year period, a State shall not
be eligible to receive such funding unless the State has submitted to the
Secretary, and the Secretary has approved, a revision to its comprehensive
wildlife conservation plan that--
(A) describes the impacts of global warming on the diversity and
health of the State's wildlife populations and their
habitat;
(B) describes and prioritizes proposed conservation actions to
assist wildlife populations in adapting to such impacts;
(C) establishes programs for monitoring the impacts of global
warming on wildlife populations and their habitats; and
(D) establishes methods for assessing the effectiveness of
conservation actions taken to assist wildlife populations in adapting to
such impacts and for adapting such actions to respond appropriately to new
information or changing conditions.
(c) Intent of Congress- It is the intent of Congress that funding
provided to Federal agencies and States pursuant to this chapter supplement,
and not replace, existing sources of funding for wildlife
conservation.
CHAPTER 3--STATE AND TRIBAL WILDLIFE GRANTS PROGRAM
SEC. 461. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM.
(a) Authorization of Program- There is authorized to be established a
State and Tribal Wildlife Grants Program to be administered by the Secretary
of the Interior and to provide wildlife conservation grants to States and to
the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and federally recognized Indian
tribes for the planning, development, and implementation of programs for the
benefit of wildlife and their habitat, including species that are not hunted
or fished.
(1) IN GENERAL- Of the amounts made available to carry out this
section for each fiscal year--
(A) 10 percent shall be for a competitive grant program for Indian
tribes that are not subject to the remaining provisions of this
section;
(B) of the amounts remaining after the application of subparagraph
(A), and after the deduction of the Secretary's administrative expenses to
carry out this section--
(i) not more than one-half of 1 percent shall be allocated to
each of the District of Columbia and to the Common wealth of Puerto
Rico; and
(ii) not more than one-fourth of 1 percent shall be allocated to
each of Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands; and
(C) of the amount remaining after the application of subparagraphs
(B) and (C), the secretary shall apportion among the
States--
(i) one-third based on the ratio that the land area of each
State bears to the total land area of all States; and