[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 882 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 882

   To strengthen provisions in the Energy Policy Act of 1992 and the 
  Federal Nonnuclear Energy Research and Development Act of 1974 with 
                  respect to potential Climate Change.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 1999

 Mr. Murkowski (for himself, Mr. Hagel, Mr. Smith of Oregon, Mr. Byrd, 
 Mr. Craig, Mr. Roberts, Mr. Grams, Mr. Hutchinson, Mr. Enzi, and Mr. 
   McCain), introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To strengthen provisions in the Energy Policy Act of 1992 and the 
  Federal Nonnuclear Energy Research and Development Act of 1974 with 
                  respect to potential Climate Change.

    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 and Climate Policy Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) although there are significant uncertainties 
        surrounding the science of climate change, human activities may 
        contribute to increasing global concentrations of greenhouse 
        gases in the atmosphere, which in turn may ultimately 
        contribute to global climate change beyond that resulting from 
        natural variability;
            (2) the characteristics of greenhouse gases and the 
        physical nature of the climate system require that any 
        stabilization of atmospheric greenhouse gas concentrations must 
        be a long-term effort undertaken on a global basis;
            (3) since developing countries will constitute the major 
        source of greenhouse gas emissions early in the 21st century, 
        all nations must share in an effective international response 
        to potential climate change;
            (4) environmental progress and economic prosperity are 
        interrelated;
            (5) effective greenhouse gas management efforts depend on 
        the development of long-term, cost-effective technologies and 
        practices that can be developed, refined, and deployed 
        commercially in an orderly manner in the United States and 
        around the world;
            (6) in its present form as signed by the Administration, 
        the Kyoto Protocol to the United Nations Framework Convention 
        on Climate Change fails to meet the minimum conditions of 
        Senate Resolution 98, 105th Congress, which was adopted by the 
        Senate on July 25, 1997, by a vote of 95-0;
            (7) the President has not submitted the Kyoto protocol to 
        the Senate for debate and advice and consent to ratification 
        under article II, section 2, clause 2 of the United States 
        Constitution and has indicated that the Administration has no 
        intention to do so in the foreseeable future, or to implement 
        any portion of the Kyoto protocol prior to its ratification in 
        the Senate.
    (b) Purpose.--The purpose of this Act is to strengthen provisions 
of the Energy Policy Act of 1992 (42 U.S.C. 13381 et seq.) and the 
Federal Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5901 et seq.) to--
            (1) further promote voluntary efforts to reduce or avoid 
        greenhouse gas emissions and improve energy efficiency;
            (2) focus Department of Energy efforts in this area; and
            (3) authorize and undertake a long-term research, 
        development, and demonstration program to--
                    (A) develop new and enhance existing technologies 
                that reduce or avoid anthropogenic emissions of 
                greenhouse gases;
                    (B) develop new technologies that could remove and 
                sequester greenhouse gases from emissions streams; and
                    (C) develop new technologies and practices to 
                remove and sequester greenhouse gases from the 
                atmosphere.

SEC. 3. OFFICE OF GLOBAL CLIMATE CHANGE.

    Section 1603 of the Energy Policy Act of 1992 (42 U.S.C. 13383) is 
amended--
            (1) in the section heading, by striking ``DIRECTOR OF 
        CLIMATE PROTECTION'' and inserting ``OFFICE OF GLOBAL CLIMATE 
        CHANGE''; and
            (2) by striking the first sentence and inserting the 
        following:
    ``(a) Establishment.--There is established by this Act in the 
Department of Energy an Office of Global Climate Change.
    ``(b) Function.--The Office shall serve as a focal point for 
coordinating for the Secretary and Congress all departmental issues and 
policies regarding climate change and related matters.
    ``(c) Director.--The Secretary shall appoint a director of the 
Office, who--
            ``(1) shall be compensated at no less than level IV of the 
        Executive Schedule;
            ``(2) shall report to the Secretary; and
            ``(3) at the request of the Committees of the Senate and 
        House of Representatives with appropriation and legislative 
        jurisdiction over programs and activities of the Department of 
        Energy, shall report to Congress on the activities of the 
        Office.'';
            (3) in the second sentence, by striking ``The Director'' 
        and inserting the following:
    ``(d) Duties.--The Director''; and
            (4) in subsection (c) (as designated by paragraph (2)), by 
        striking paragraphs (2) and (3) and inserting the following:
            ``(2) participate, in cooperation with other federal 
        agencies, in the development and monitoring of domestic and 
        international policies for their effects on any kind of climate 
        change globally and domestically and on the generation, 
        reduction, avoidance, and sequestration of greenhouse gases;
            ``(3) develop and implement a balanced, scientifically 
        sound, nonadvocacy educational and informative public awareness 
        program on--
                    ``(A) potential global climate change, including 
                any known adverse and beneficial effects on the United 
                States and the economy of the United States and the 
                world economy, taking into consideration whether those 
                effects are known or expected to be temporary, long-
                term, or permanent; and
                    ``(B) voluntary means and measures to mitigate or 
                minimize significant adverse effects and, where 
                appropriate, to adapt, to the greatest extent 
                practicable, to climate change;
            ``(4) provide, consistent with applicable provisions of law 
        (including section 1605 (b)(3)), public assess to all 
        information on climate change, effects of climate change, and 
        adaptation to climate change;
            ``(5) promote and cooperate in the research, development, 
        demonstration, and diffusion of environmentally sound, cost-
        effective and commercially practicable technologies, practices 
        and processes that avoid, sequester, control, or reduce 
        anthropogenic emissions of greenhouse gases not controlled by 
        the Montreal Protocol for all relevant economic sectors, 
        including, where appropriate, the transfer of environmentally 
        sound, cost-effective and commercially practicable 
        technologies, practices, and processes developed with Federal 
        funds by the Department of Energy or any of its facilities and 
        laboratories to interested persons in the United States and to 
        developing country Parties to the United Nations Framework 
        Convention on Climate Change, and Parties thereto with 
        economies in transition to market-based economies, consistent 
        with, and subject to, any applicable Federal law, including 
        patent and intellectual property laws, and any applicable 
        contracts, and taking into consideration the provisions and 
        purposes of section 1608; and
            ``(6) have the authority to participate in the planning 
        activities of relevant Department of Energy programs.''.

SEC. 4. NATIONAL INVENTORY AND VOLUNTARY REPORTING OF GREENHOUSE GASES.

    (a) Section 1605 of the Energy Policy Act of 1992 (42 U.S.C. 13385) 
is amended--
            (1) by amending the second sentence of subsection (a) to 
        read as follows--
                    ``The Administrator of the Energy Information 
                Administration shall annually update and analyze such 
                inventory using available data, including beginning in 
                calendar year 2001, information collected as a result 
                of voluntary reporting under subsection (b). The 
                inventory shall identify for calendar year 2001 and 
                thereafter the amount of emissions reductions 
                attributed to those reported under subsection (b).'';
            (2) by amending subsection (b)(1)(B) and (C) to read as 
        follows--
            ``(B) annual reductions or avoidance of greenhouse gas 
        emissions and sequestration and carbon fixation achieved 
        through any measures, including agricultural activities, 
        cogeneration, appliance efficiency, energy efficiency, forestry 
        activities that increase carbon sequestration stocks (including 
        the use of forest products), fuel switching, management of 
        grasslands and drylands, manufacture or use of vehicles with 
        reduced greenhouse gas emissions, methane recovery, ocean 
        seeding, use of renewable energy, chlorofluorocarbon capture 
        and replacement, and power plant heat rate improvement; and
            ``(C) reductions in, or avoidance of, greenhouse gas 
        emissions achieved as a result of voluntary activities 
        domestically, or internationally, plant or facility closings, 
        and State or Federal requirements.'';
            (3) by striking in the first sentence of subsection (b)(2) 
        the word ``entities'' and inserting ``persons or entities'' and 
        in the second sentence of such subsection, by inserting after 
        ``Persons'' the words ``or entities'';
            (4) by inserting in the second sentence of subsection 
        (b)(4) the words ``persons or'' before ``entity''; and
            (5) by adding after subsection (b)(4) the following new 
        paragraphs--
    ``(5) Recognition of voluntary reductions or avoided emissions of 
greenhouse gases.--In order to encourage and facilitate new and 
increased voluntary efforts on a continuing basis, particularly by 
persons and entities in the private sector, to reduce global emissions 
of greenhouse gases, including voluntary efforts to limit, control, 
sequester, and avoid such emissions, the Secretary shall promptly 
develop and establish, after an opportunity for public comment of at 
least 60 days, a program of giving annual public recognition, beginning 
not later than January 31, 2001, to all reporting persons and entities 
demonstrating, pursuant to the voluntary collections and reporting 
guidelines issued under this section, voluntarily achieved greenhouse 
gases reductions, including such information reported prior to the 
enactment of this paragraph. Such recognition shall be based on the 
information certified, subject to 18 U.S.C. 1001, by such persons or 
entities for accuracy as provided in paragraph 2 of this subsection. At 
a minimum such recognition shall annually be published in the Federal 
Register.
    ``(6) Changes in guidelines to improve accuracy and reliability.--
The Secretary of Energy, through the Administrator of the Energy 
Information Administration, shall conduct a review, which shall include 
an opportunity for public comment, of what, if any, changes should be 
made to the guidelines established under this section regarding the 
accuracy and reliability of greenhouse gas reductions and related 
information reported under this section. Any such review shall give 
considerable weight to the voluntary nature of this section and to the 
purpose of encouraging voluntary greenhouse gas emission reductions by 
the private sector. Changes to be reviewed shall include the need for, 
and the appropriateness of--
            ``(A) a random or other verification process using the 
        authorities available to the Administrator under other 
        provisions of law;
            ``(B) a range of reference cases for reporting of project-
        based activities in sectors, including, but not limited to, the 
        measures specified in subparagraph (1)(B) of this subsection, 
        and the inclusion of benchmark and default methodologies for 
        use in the reference cases for `greenfield' projects; and
            ``(C) provisions to address the possibility of reporting, 
        inadvertently or otherwise, of some or all of the same 
        greenhouse gas emissions reductions by more than one reporting 
        entity or person and to make corrections where necessary.
    The review should consider the costs and benefits of any such 
changes, the impacts on encouraging participation in this section, 
including by farmers and small businesses, and the need to avoid 
creating undue economic advantages or disadvantages for persons or 
entities of the private sector. The review should provide, where 
appropriate, a range of reasonable options that are consistent with the 
voluntary nature of this section and that will help further the 
purposes of this section. The review should be available in draft form 
for public comment at least 45 days before it is submitted to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Commerce of the House of Representatives. Such submittal 
should be made by December 31, 2000. If the Secretary, in consultation 
with the Administrator, finds, based on the study results, that such 
changes are likely to be beneficial and cost effective in improving the 
accuracy and reliability of reported greenhouse gas reductions and 
related information, are consistent with the voluntary nature of this 
section, and furthers the purposes of this section, the Secretary shall 
propose and promulgate, consistent with such finding, such guidelines, 
together with such findings. In carrying out the provisions of this 
paragraph, the Secretary shall consult with the Secretary of 
Agriculture and the Administrator of the Small Business Administration 
to facilitate greater participation by small business and farmers in 
this subsection for the purpose of addressing greenhouse gas emission 
reductions and reporting such reductions.''.
            (6) in subsection (c), by inserting ``the Secretary of the 
        Department of Agriculture, the Secretary of the Department of 
        Commerce, the Administrator of the Energy Information 
        Administration, and'' before ``the Administrator''.
    (b) The Secretary shall revise, after opportunity for public 
comment, the guidelines issued under section 1605(b) of the Energy 
Policy Act of 1992 to reflect the amendments made to such section 
1605(b) by subsection (a)(2) through (4) of this section not later than 
18 months after the date of enactment of this Act. Such revised 
guidelines shall specify their effective date.
    (c) The provisions of subsection (a) (5) and (6) of this section 
shall be effective on the date of enactment of this Act.

SEC. 5. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT AND DEMONSTRATION 
              PROGRAM.

    Subtitle B of title XXI of the Energy Policy Act of 1992 (42 U.S.C. 
13471) is amended by adding the following new subsection:

``SEC. 2120. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT AND DEMONSTRATION 
              PROGRAM.

    ``(a) Purpose.--The purpose of this section is to direct the 
Secretary to further the goals of development and commercialization of 
technologies, through widespread application and utilization of which 
will assist in stabilizing global concentrations of greenhouse gases, 
by the conduct of a long-term research, development, and demonstration 
program undertaken with selected industry participants or consortia.
    ``(b) Program.--The Secretary, in consultation with the Advisory 
Board established under section 2302, shall establish a long-term 
Climate Technology Research, Development, and Demonstration Program, in 
accordance with sections 3001 and 3002.
    ``(c) Program Objectives.--The program shall foster--
            ``(1) development of new technologies and the enhancement 
        of existing technologies that reduce or avoid anthropogenic 
        emissions of greenhouse gases and improve energy efficiency;
            ``(2) development of new technologies that are able to 
        remove and sequester greenhouse gases from emissions streams; 
        and
            ``(3) development of new technologies and practices to 
        remove and sequester greenhouse gases from the atmosphere.
    ``(d) Program Plan.--
            ``(1) Initial plan.--Not later than 180 days after the date 
        of enactment of this section, the Secretary, in consultation 
        with appropriate representatives of industry, institutions of 
        higher education, Department of Energy national laboratories, 
        and professional and technical societies, shall prepare and 
        submit to the Congress a 10-year program plan to guide 
        activities under this section.
            ``(2) Biennial update.--The Secretary shall biennially 
        update and resubmit the program plan to the Congress.
    ``(e) Proposals.--
            ``(1) Solicitation.--Not later than one year after the date 
        of submittal of the 10-year program plan, and consistent with 
        sections 3001 and 3002, the Secretary shall solicit proposals 
        for conducting activities consistent with the 10-year program 
        plan and select one or more proposals not later than 180 days 
        after such solicitations.
            ``(2) Qualifications.--In order for a proposal to be 
        considered by the Secretary, an applicant shall provide 
        evidence that the applicant has in existence--
                    ``(A) the technical capability to enable it to make 
                use of existing research support and facilities in 
                carrying out its research objectives;
                    ``(B) a multi-disciplinary research staff 
                experienced in--
                            ``(i) energy generation, transmission, 
                        distribution and end-use technologies; or
                            ``(ii) technologies or practices able to 
                        sequester, avoid, or capture greenhouse gas 
                        emissions; or
                            ``(iii) other directly related technologies 
                        or practices;
                    ``(C) access to facilities and equipment to enable 
                the conduct of laboratory-scale testing or 
                demonstration of technologies or related processes 
                undertaken through the program.
            ``(3) Proposal criteria.--Each proposal shall--
                    ``(A) demonstrate the support of the relevant 
                industry by describing--
                            ``(i) how the relevant industry has 
                        participated in deciding what research 
                        activities will be undertaken;
                            ``(ii) how the relevant industry will 
                        participate in the evaluation of the 
                        applicant's progress in research and 
                        development activities; and
                            ``(iii) the extent to which industry funds 
                        are committed to the applicant's submission;
                    ``(B) have a commitment for matching funds from 
                non-Federal sources, which shall consist of--
                            ``(i) cash; or
                            ``(ii) as determined by the Secretary, the 
                        fair market value of equipment, services, 
                        materials, appropriate technology transfer 
                        activities, and other assets directly related 
                        to the proposal's cost;
                    ``(C) include a single-year and multi-year 
                management plan that outline how the research and 
                development activities will be administered and carried 
                out;
                    ``(D) state the annual cost of the proposal and a 
                breakdown of those costs; and
                    ``(E) describe the technology transfer mechanisms 
                that the applicant will use to make available research 
                results to industry and to other researchers.
            ``(4) Contents of proposal.--A proposal under this 
        subsection shall include--
                    ``(A) an explanation of how the proposal will 
                expedite the research, development, demonstration, and 
                commercialization of technologies capable of--
                            ``(i) reducing or avoiding anthropogenic 
                        emissions of greenhouse gases;
                            ``(ii) removing and sequestering greenhouse 
                        gases from emissions streams; or
                            ``(iii) removing and sequestering 
                        greenhouse gases from the atmosphere.
                    ``(B) evidence of consideration of whether the 
                unique capabilities of Department of Energy national 
                laboratories warrant collaboration with those 
                laboratories, and the extent of the collaboration 
                proposed;
                    ``(C) a description of the extent to which the 
                proposal includes collaboration with relevant industry 
                or other groups or organizations;
                    ``(D) evidence of the ability of the applicant to 
                undertake and complete the proposed project;
                    ``(E) evidence of applicant's ability to 
                successfully introduce the technology into commerce, as 
                demonstrated by past experience and current 
                relationships with industry; and
                    ``(F) a demonstration of continued financial 
                commitment during the entire term of the proposal from 
                all industrial sectors involved in the technology 
                development.
    ``(f) Selection of Proposals.--From the proposals submitted, the 
Secretary shall select for funding one or more proposals that--
            ``(1) will best result in carrying out needed research, 
        development, and demonstration related to technologies able to 
        assist in the stabilization of global greenhouse gas 
        concentrations through one or more of the following 
        approaches--
                    ``(A) improvement in the performance of fossil-
                fueled energy technologies;
                    ``(B) development of greenhouse gas capture and 
                sequestration technologies and processes;
                    ``(C) cost reduction and acceleration of deployment 
                of renewable resource and distributed generation 
                technologies;
                    ``(D) development of an advanced nuclear generation 
                design; and
                    ``(E) improvement in the efficiency of electrical 
                generation, transmission, distribution, and end use;''
                    ``(F) design and use of--
                            ``(i) closed-loop multi-stage industrial 
                        processes that minimize raw material 
                        consumption and waste streams;
                            ``(ii) advanced co-production systems (such 
                        as coal-based chemical processing and biomass 
                        fuel processing); and
                            ``(iii) recycling and industrial-ecology 
                        programs integrating energy efficiency.
            ``(2) represent research and development in specific areas 
        identified in the program plan developed biennially by the 
        Secretary and submitted to Congress under subsection (c);
            ``(3) demonstrate strong industry support;
            ``(4) ensure the timely transfer of technology to industry; 
        and
            ``(5) otherwise best carry out this section.
    ``(g) Annual Progress Reports.--The Director of the Office of 
Science and Technology, in consultation with the Director of the Office 
of Management and Budget, shall prepare and submit an annual report to 
Congress that--
            ``(1) certifies that the program objectives are adequately 
        focused, peer-reviewed and merit-reviewed, and not 
        unnecessarily duplicative with the science and technology 
        research being conducted by other Federal agencies and agents, 
        and
            ``(2) states whether the program as conducted in the prior 
        year addresses an adequate breadth and range of technologies 
        and solutions to address anthropogenic climate change, 
including--
                    ``(A) capture and sequestration of greenhouse gas 
                emissions;
                    ``(B) development of photovoltaic, high-efficiency 
                coal, advanced nuclear, and fuel cell generation 
                technologies;
                    ``(C) cost reduction and acceleration of deployment 
                of renewable resource and distributed generation 
                technologies; and
                    ``(D) improvement in the efficiency of electrical 
                generation, transmission, distribution, and end use;
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $200,000,000 for each of fiscal 
years 2001 through 2010, to remain available until expended. This 
authorization is supplemental to existing authorities and shall not be 
construed as a cap on the Department of Energy's Research, Development 
and Demonstration programs.''.

SEC. 6. COMPREHENSIVE PLAN AND IMPLEMENTING PROGRAM FOR ENERGY 
              RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

    Section 6 of the Federal Nonnuclear Energy Research and Development 
Act of 1974 (42 U.S.C. 5905) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3) by striking the period at the 
                end and inserting ``, and''; and
                    (C) by adding at the end the following:
            ``(4) solutions to the effective management of greenhouse 
        gas emissions in the long term by the development of 
        technologies and practices designed to--
                    ``(A) reduce or avoid anthropogenic emissions of 
                greenhouse gases;
                    ``(B) remove and sequester greenhouse gases from 
                emissions streams; and
                    ``(C) remove and sequester greenhouse gases from 
                the atmosphere.''; and
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``subsection 
                (a)(1) through (3)'' and inserting ``paragraphs (1) 
                through (4) of subsection (a); and
                    (B) in paragraph (3)--
                            (i) in subparagraph (R), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (S), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(T) to pursue a long-term climate technology 
                strategy designed to demonstrate a variety of 
                technologies by which stabilization of greenhouse gases 
                might be best achieved, including--
                            ``(i) the accelerated commercial 
                        demonstration of low-cost and high efficiency 
                        photovoltaic power systems;
                            ``(ii) advanced clean coal technology;
                            ``(iii) advanced nuclear power plant 
                        design;
                            ``(iv) fuel cell technology development for 
                        cost-effective application in residential, 
                        industrial and transportation applications;
                            ``(v) low cost carbon sequestration 
                        practices and technologies including 
                        biotechnology, tree physiology, soil 
                        productivity and remote sensing;
                            ``(vi) hydro and other renewables;
                            ``(vii) electrical generation, transmission 
                        and distribution technologies and end use 
                        technologies; and
                            ``(viii) bio-energy technology.''

SEC. 7. DEFINITIONS.

    For the purpose of this Act and the provisions of the Energy Policy 
Act of 1992 (42 U.S.C. 13381, et seq.) and the provisions of the 
Federal Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5901, et seq.) which statutes are amended by this Act, these 
terms are defined as follows:
            ``(1) Agricultural activity.--The term `agricultural 
        activity' means livestock production, cropland cultivation, 
        biogas recovery and nutrient management.
            ``(2) Climate change.--The term `climate change' means a 
        change of climate which is attributed directly or indirectly to 
        human activity which is in addition to natural climate 
        variability observed over comparable time periods.
            ``(3) Climate system.--The term `climate system' means the 
        totality of the atmosphere, hydrosphere, biosphere and 
        geosphere and their interactions.
            ``(4) Greenhouse gases.--The term `greenhouse gases' means 
        those gaseous constituents of the atmosphere, both natural and 
anthropogenic, that absorb and re-emit infrared radiation.
            ``(5) Greenhouse gas reduction.--The term `greenhouse gas 
        reduction' means 1 metric ton of greenhouse gas (expressed in 
        terms of carbon dioxide equivalent) that is voluntarily 
        certified to have been achieved under section 1605 of the 
        Energy Policy Act of 1992 (42 U.S.C. 13385).
            ``(6) Greenhouse gas sequestration.--The term `greenhouse 
        gas sequestration' means extracting one or more greenhouse 
        gases from the atmosphere or an emissions stream through a 
        technological process designed to extract and isolate those 
        gases from the atmosphere or an emissions stream; or the 
        natural process of photosynthesis that extracts carbon dioxide 
        from the atmosphere and stores it as carbon in trees, roots, 
        stems, soils, foliage, and durable wood products.
            ``(7) Forest products.--The term `forest products' means 
        all products or goods manufactured from trees.
            ``(8) Forestry activity.--
                    ``(A) In general.--The term `forestry activity' 
                means any ownership or management action that has a 
                discernible impact on the use and productivity of 
                forests.
                    ``(B) Inclusions.--Forestry activities include, but 
                are not limited to, the establishment of trees on an 
                area not previously forested, the establishment of 
                trees on an area previously forested if a net carbon 
                benefit can be demonstrated, enhanced forest management 
                (e.g., thinning, stand improvement, fire protection, 
                weed control, nutrient application, pest management, 
                other silvicultural practices), forest protection or 
                conservation if a net carbon benefit can be 
                demonstrated, and biomass energy (using wood, grass or 
                other biomass in lieu of fossil fuel).
                    ``(C) Exclusions.--The term `forest activity' does 
                not include a land use change associated with--
                            ``(i) an act of war; or
                            ``(ii) an act of nature, including floods, 
                        storms, earthquakes, fires, hurricanes, and 
                        tornadoes.
            ``(9) Management of grasslands and drylands.--The term 
        `management of grasslands and drylands' means seeding, 
        cultivation, and nutrient management.
            ``(10) Ocean seeding.--The term `ocean seeding' means 
        adding nutrients to oceans to enhance the biological fixation 
        of carbon dioxide.''.
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