[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2337 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2337

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

_______________________________________________________________________

                                 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. 1. Short title.
Sec. 2. Table of contents.
               TITLE I--ENERGY POLICY ACT OF 2005 REFORMS

Sec. 101. Cost Recovery.
Sec. 102. Repeal of deadline for consideration of applications for 
                            permits.
Sec. 103. Energy rights-of-way corridors on Federal land.
Sec. 104. Oil shale and tar sands leasing.
Sec. 105. Repeal of rebuttable presumption regarding application of 
                            categorical exclusion under NEPA for oil 
                            and gas exploration and development 
                            activities.
Sec. 106. Best management practices.
Sec. 107. Federal consistency appeals.
 TITLE II--FEDERAL ENERGY PUBLIC ACCOUNTABILITY, INTEGRITY, AND PUBLIC 
                                INTEREST

 Subtitle A--Accountability and Integrity in the Federal Energy Program

Sec. 201. Limitations on royalty in-kind.
Sec. 202. Audits.
Sec. 203. Fines and penalties.
Subtitle B--Amendments to Federal Oil and Gas Royalty Management Act of 
                                  1982

Sec. 211. Amendments to definitions.
Sec. 212. Interest.
Sec. 213. Obligation period.
Sec. 214. Tolling agreements and subpoenas.
Sec. 215. Liability for royalty payments.
       Subtitle C--Public Interest in the Federal Energy Program

Sec. 221. Surface owner protection.
Sec. 222. Onshore oil and gas reclamation and bonding.
Sec. 223. Protection of water resources.
Sec. 224. Due diligence fee.
  Subtitle D--Ensuring Safety of Wildlife With Respect to Wind Energy

Sec. 231. Standards and requirements.
Sec. 232. Certification of compliance.
Sec. 233. Penalties.
Sec. 234. Relationship to other statutes.
Sec. 235. Definitions.
               Subtitle E--Enhancing Energy Transmission

Sec. 241. Energy transmission service offered by Power Marketing 
                            Administrations.
Sec. 242. Power Marketing Administrations report.
              TITLE III--ALTERNATIVE ENERGY AND EFFICIENCY

Sec. 301. State OCS alternative energy planning.
Sec. 302. Canal-side power production at Bureau of Reclamation 
                            projects.
Sec. 303. Increasing energy efficiencies for water desalination.
Sec. 304. Green building leadership program.
Sec. 305. Green concessions management program.
Sec. 306. Federal hydropower production facilities inventory and map.
Sec. 307. Establishing a pilot program for the development of strategic 
                            solar reserves on Federal lands.
Sec. 308. OTEC regulations.
Sec. 309. Biomass utilization pilot program.
         TITLE IV--CARBON CAPTURE AND CLIMATE CHANGE MITIGATION

            Subtitle A--Geological Sequestration Assessment

Sec. 401. Short title.
Sec. 402. National assessment.
            Subtitle B--Terrestrial Sequestration Assessment

Sec. 421. Requirement to conduct an assessment.
Sec. 422. Methodology.
Sec. 423. Completion of assessment and report.
                  Subtitle C--Sequestration Activities

Sec. 431. Carbon dioxide storage inventory.
Sec. 432. Framework for geological carbon sequestration on Federal 
                            lands.
                     Subtitle D--Wildlife Programs

                Chapter 1--National Policy and Strategy

Sec. 441. Short title.
Sec. 442. National policy on wildlife and global warming.
Sec. 443. Definitions.
Sec. 444. National strategy.
Sec. 445. Advisory board.
Sec. 446. Authorization of appropriations.
          Chapter 2--State and Tribal Wildlife Grants Program

Sec. 451. State and Tribal Wildlife Grants Program.
                       Subtitle E--Miscellaneous

Sec. 461. Climate Change Adaptability Intra-Governmental Panel.
Sec. 462. Ocean Policy and Global Warming Program.
Sec. 463. Planning for climate change in the coastal zone.
Sec. 464. Enhancing climate change predictions.
Sec. 465. NOAA report on climate change effects; preparation 
                            assistance.

               TITLE I--ENERGY POLICY ACT OF 2005 REFORMS

SEC. 101. COST RECOVERY.

    (a) Repeal.--Subsection (c) of section 35 of the Mineral Leasing 
Act (30 U.S.C. 191) is repealed.
    (b) Repeal of Prohibition on Fee Increases.--Subsection (i) of 
section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924) is 
repealed.
    (c) Cost Recovery.--
            (1) In general.--Within 180 days after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        promulgate a rule to impose fees to recover costs incurred by 
        the Secretary in the processing of permits to conduct energy 
        production-related activities on Federal lands.
            (2) Fee terms.--Such fees--
                    (A) shall be market-based;
                    (B) shall be assessed for Government services;
                    (C) shall cover all Federal activities relating to 
                energy development on Federal lands that convey 
                benefits to recipients beyond those accruing to the 
                general public to recover the full cost to the Federal 
                Government for providing specific benefits;
                    (D) shall be limited to the Secretary's costs of 
                issuing a permit, including necessary environmental 
                documentation, on-site monitoring, and permit 
                enforcement;
                    (E) shall be based upon the actual personnel 
                (including law enforcement), vehicle, travel, and 
                material costs required to issue, administer, and 
                monitor a permit; and
                    (F) shall be collected in advance of, or 
                simultaneously with, the rendering of services unless 
                appropriations and authority are provided in advance to 
                allow reimbursable services.

SEC. 102. REPEAL OF DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR 
              PERMITS.

    Subsection (p) of section 17 of the Mineral Leasing Act (30 U.S.C. 
226) is repealed.

SEC. 103. ENERGY RIGHTS-OF-WAY CORRIDORS ON FEDERAL LAND.

    (a) Repeal of Requirements To Designate Energy Rights-of-Way 
Corridors on Federal Land.--The Energy Policy Act of 2005 is amended--
            (1) by repealing section 368 (42 U.S.C.15926); and
            (2) in the table of contents in section 1(b) by striking 
        the item relating to that section.
    (b) Study.--
            (1) Study.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary of Agriculture, the 
        Secretary of Commerce, the Secretary of Defense, the Secretary 
        of Energy, and the Secretary of the Interior (in this 
        subsection referred to collectively as ``the Secretaries'') 
        shall, in consultation with affected States, complete a study 
        of--
                    (A) congestion and constraints in transmission of 
                electricity, oil, gas, and hydrogen;
                    (B) barriers to access for transmission from 
                renewable energy sources, such as wind energy and solar 
                energy; and
                    (C) the need for energy corridors on public lands 
                to address identified congestion or constraints.
            (2) Considerations.--In performing the study, the 
        Secretaries--
                    (A) shall take into account the studies of 
                electrical transmission congestion completed under 
                section 216(a)(1) of the Federal Power Act (16 U.S.C. 
                824(p)(a)(1)), other projects authorized or under 
                consideration on public lands and such projects outside 
                public lands, and alternatives, individually and in 
                concert, that could be implemented to address the needs 
                identified, including an analysis of demand reduction, 
                available new technology, and distributed generation 
                measures that could be taken;
                    (B) shall not consider as available for designation 
                as corridors, any area that is--
                            (i) within one mile of any place designated 
                        or otherwise identified by State or Federal law 
                        or any applicable Federal, State, or local 
                        government land use plan for recognition or 
                        protection of scenic, natural, cultural, or 
                        historic resources;
                            (ii) within one mile of any place proposed 
                        for formal protection similar to that described 
                        in subparagraph (A), in any pending Federal, 
                        State, or local legislation; or
                            (iii) in a sensitive ecological area, 
                        including any area that is designated as 
                        critical habitat under the Endangered Species 
                        Act of 1973 or otherwise identified as 
                        sensitive or crucial habitat, including 
                        seasonal habitat, by the United States Fish and 
                        Wildlife Service, by a State agency responsible 
                        for managing wildlife or wildlife habitat, or 
                        in a Federal, State, or local land use plan;
                    (C) identify opportunities to mitigate to the 
                maximum extent practicable the potential impact of 
                designating energy corridors, and of the reasonably 
                foreseeable uses of those corridors for power lines, 
                pipelines, and other transmission facilities, on 
                natural, scenic, cultural, and historic values and 
                areas referred to in subparagraph (B), the protection 
                of which is in the national interest, including 
                opportunities to minimize the width of corridors, 
                limiting the types and numbers of uses of corridors, 
                and placement of facilities underground; and
                    (D) identify opportunities to improve access to the 
                national electric power grid for generators of 
                renewable energy, such as wind and solar.
            (3) Updates.--The Secretaries shall periodically update the 
        results of the study as they consider appropriate.
            (4) Reports.--After considering recommendations from 
        interested persons (including an opportunity for comment from 
        the public and affected States), the Secretaries shall issue--
                    (A) a report presenting the results of the study; 
                and
                    (B) a report on each update of the study under 
                paragraph (3).
    (c) Deferral of Designation of Energy Corridors Pending Completion 
of Study.--
            (1) Limitation on actions pending completion of study.--The 
        Secretaries shall not designate energy corridors on public 
        lands, including those corridors under consideration based on 
        section 368 of the Energy Policy Act of 2005 as in effect prior 
        to repeal under this Act, and shall not authorize specific 
        rights-of-way or projects in such corridors, until the study 
        under section 2 is completed.
            (2) Use of study results for actions after completion of 
        study.--
                    (A) In general.--Subject to subparagraph (B), after 
                completion of the study under subsection (b), the 
                Secretaries may use the results of the study to inform 
                subsequent decisions to grant rights-of-way, including 
                under title V of the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1761 et seq.), and to amend land 
                use plans to designate energy corridors or authorize 
                rights-of-way, in any area for which no such 
                designation or authorization currently exists.
                    (B) Limitation on use.--The results of the study 
                shall not affect the Secretaries' obligations to 
                analyze the environmental consequences of a designation 
                or authorization referred to in subparagraph (A), or to 
                otherwise comply with applicable laws.

SEC. 104. OIL SHALE AND TAR SANDS LEASING.

    Section 369 of the Energy Policy Act of 2005 (42 U.S.C. 15927) is 
amended--
            (1) in subsection (c), by striking ``not later than 180 
        days after the date of enactment of this Act,'';
            (2) in subsection (c), by striking ``shall make'' and 
        inserting ``may make'';
            (3) in subsection (d)(1), by striking ``Not later than 18 
        months after the date of enactment of this Act, in'' and 
        inserting ``In'';
            (4) in subsection (d)(2)--
                    (A) in the heading by striking ``Final'' and 
                inserting ``Proposed''; and
                    (B) in the text by striking ``final'' and inserting 
                ``proposed'';
            (5) in subsection (d)(2), by striking ``6'' and inserting 
        ``12'';
            (6) in subsection (d)(2) by inserting after the period 
        ``The proposed regulations developed under this paragraph are 
        to be open for public comment for no less than 180 days.'';
            (7) by redesignating subsections (e) through (s) as 
        subsections (g) through (u), and by inserting after subsection 
        (d) the following:
    ``(e) Oil Shale and Tar Sands Leasing and Development Strategy.--
            ``(1) General.--Not later than 6 months after the 
        completion of the programmatic environmental impact statement 
        under subsection (d), the Secretary shall prepare an oil shale 
        and tar sands leasing and development strategy, in cooperation 
        with the Secretary of Energy and the Administrator of the 
        Environmental Protection Agency.
            ``(2) Purpose.--The purpose of the strategy developed under 
        this subsection is to allow for the sustainable and publicly 
        acceptable large-scale development of oil shale within the 
        Green River Formation.
            ``(3) Contents.--The strategy shall include plans and 
        programs for obtaining information required for determining the 
        optimal methods, locations, amount, and timeframe for potential 
        development on federal lands within the Green River Formation. 
        The strategy shall also include plans for conducting critical 
        environmental and ecological research, high-payoff process 
        improvement research, an assessment of carbon management 
        options, and a large-scale demonstration of carbon dioxide 
        sequestration in the general vicinity of the Piceance Basin.
    ``(f) Alternative Approaches.--Not later than nine months after the 
completion of the programmatic environmental impact statement under 
subsection (d), the Secretary shall, in cooperation with the Secretary 
of Energy and the Administrator of the Environmental Protection Agency, 
prepare and publish a report on alternative approaches to providing 
access to Federal lands for early first-of-a-kind commercial facilities 
for extracting and processing oil shale and tar sands.'';
            (8) in subsection (g), as so redesignated, by striking ``of 
        the final regulation required by subsection (d)'' and inserting 
        ``of final regulations issued under this section'';
            (9) in subsection (g), as so redesignated, by adding at the 
        end the following: ``Compliance with the National Environmental 
        Policy Act of 1969 is required on a site-by-site basis for all 
        lands proposed to be leased under the commercial leasing 
        program established in this subsection.''; and
            (10) in subsection (i)(1)(B), as so redesignated, by 
        striking ``subsection (e)'' and inserting ``subsection (g)''.

SEC. 105. REPEAL OF REBUTTABLE PRESUMPTION REGARDING APPLICATION OF 
              CATEGORICAL EXCLUSION UNDER NEPA FOR OIL AND GAS 
              EXPLORATION AND DEVELOPMENT ACTIVITIES.

    The Energy Policy Act of 2005 is amended--
            (1) by repealing section 390 (42 U.S.C. 15942); and
            (2) in section 1(b) by striking the item relating to that 
        section.

SEC. 106. BEST MANAGEMENT PRACTICES.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of the Interior, through the Bureau of Land Management, 
shall amend the best management practices guidelines for oil and gas 
development on Federal lands, to--
            (1) require public review and comment prior to waiving any 
        stipulation of an oil and gas lease for such lands; and
            (2) create an incentive for oil and gas operators to adopt 
        best management practices by providing expedited permit review 
        for any operator that commits to adhering to those practices 
        without seeking waiver of such stipulations.

SEC. 107. FEDERAL CONSISTENCY APPEALS.

    (a) Short Title.--This section may be cited as the ``Federal 
Consistency Appeals Decision Refinement Act''.
    (b) Clarification of Appeal Decision Time Periods and Information 
Requirements.--Section 319 of the Coastal Zone Management Act of 1972 
(16 U.S.C. 1465) is amended--
            (1) in subsection (b)(1), by striking ``160-day'' and 
        inserting ``320-day'';
            (2) in paragraph (3)(A), by amending clause (ii) to read as 
        follows:
                            ``(ii) as the Secretary determines 
                        necessary to receive, on an expedited basis, 
                        any supplemental or clarifying information 
                        relevant to the consolidated record compiled by 
                        the lead Federal permitting agency to complete 
                        a consistency review under this title.''; and
            (3) in paragraph (3)(B)--
                    (A) by striking ``160-day'' and inserting ``320-
                day''; and
                    (B) by striking ``for a period not to exceed 60 
                days.'' and inserting ``once.''.

 TITLE II--FEDERAL ENERGY PUBLIC ACCOUNTABILITY, INTEGRITY, AND PUBLIC 
                                INTEREST

 Subtitle A--Accountability and Integrity in the Federal Energy Program

SEC. 201. LIMITATIONS ON ROYALTY IN-KIND.

    Section 342 of the Energy Policy Act of 2005 (42 U.S.C. 15902(d)) 
is amended--
            (1) in subsection (d)--
                    (A) in the heading by striking ``Benefit'' and 
                inserting ``Filling of Strategic Petroleum Reserve and 
                benefit''; and
                    (B) by striking ``only if'' and inserting ``only if 
                receiving such royalties in-kind is for the purpose of 
                filling the Strategic Petroleum Reserve and''; and
            (2) by adding at the end:
    ``(k) Limitation.--
            ``(1) In general.--No amount of the total amount of 
        royalties collected by the Secretary in a fiscal year may be 
        collected as royalties in-kind.
            ``(2) Exception.--Paragraph (1) shall not apply with 
        respect to royalties in-kind collected for the purpose of 
        filling the Strategic Petroleum Reserve.''.

SEC. 202. AUDITS.

    (a) Requirement To Increase the Number of Audits.--The Secretary of 
the Interior shall ensure that by fiscal year 2009 the Minerals 
Management Service shall perform no less that 550 audits of oil and gas 
leases each fiscal year.
    (b) Standards.--Not later than 120 days after the date of enactment 
of this Act, the Secretary of the Interior shall issue regulations that 
require that all employees that conduct audits or compliance reviews 
must meet professional auditor qualifications that are consistent with 
the latest revision of the Government Auditing Standards published by 
the Government Accountability Office. Such regulations shall also 
ensure that all audits conducted by the Department of the Interior are 
performed in accordance with such standards.

SEC. 203. FINES AND PENALTIES.

    (a) Sanctions for Violations Relating to Federal Oil and Gas 
Royalties.--Section 109 of the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1719) is amended to read as follows:

                           ``civil penalties

    ``Sec. 109.  (a) Royalty Violations.--(1) No person shall--
            ``(A) after due notice of violation or after such violation 
        has been reported under paragraph (3)(A), fail or refuse to 
        comply with any requirement of any mineral leasing law or any 
        regulation, order, lease, or permit under such a law;
            ``(B) fail or refuse to make any royalty payment in the 
        amount or value required by any mineral leasing law or any 
        regulation, order, or lease under such a law;
            ``(C) fail or refuse to make any royalty payment by the 
        date required by any mineral leasing law or any regulation, 
        order, or lease under such a law; or
            ``(D) prepare, maintain, or submit any false, inaccurate, 
        or misleading report, notice, affidavit, record, data, or other 
        written information or filing related to royalty payments that 
        is required under any mineral leasing law or regulation issued 
        under any mineral leasing law.
    ``(2) A person who violates paragraph (1) shall be liable--
            ``(A) in the case of a violation of subparagraph (B) or (C) 
        of paragraph (1) for an amount equal to 3 times the royalty the 
        person fails or refuses to pay, plus interest on that trebled 
        amount measured from the first date the royalty payment was 
        due; and
            ``(B) in the case of any violation, for a civil penalty of 
        $25,000 per violation for each day the violation continues.
    ``(3) Paragraph (2) shall not apply to a violation of paragraph (1) 
if the person who commits the violation, within 30 days of the 
violation--
            ``(A) reports the violation to the Secretary or a 
        representative designated by the Secretary; and
            ``(B) corrects the violation.
    ``(b) Lease Administration Violations.--Any person who--
            ``(1) fails to notify the Secretary of--
                    ``(A) any designation by the person under section 
                102(a); or
                    ``(B) any other assignment of obligations or 
                responsibilities of the person under a lease;
            ``(2) fails or refuses to permit--
                    ``(A) lawful entry;
                    ``(B) inspection, including any inspection 
                authorized by section 108; or
                    ``(C) audit, including any failure or refusal to 
                promptly tender requested documents;
            ``(3) fails or refuses to comply with subsection 102(b)(3) 
        (relating to notification regarding beginning or resumption of 
        production); or
            ``(4) fails to correctly report and timely provide 
        operations or financial records necessary for the Secretary or 
        any authorized designee of the Secretary to accomplish lease 
        management responsibilities,
shall be liable for a penalty of up to $10,000 per violation for each 
day such violation continues.
    ``(c) Theft.--Any person who--
            ``(1) knowingly or willfully takes or removes, transports, 
        uses or diverts any oil or gas from any lease site without 
        having valid legal authority to do so; or
            ``(2) purchases, accepts, sells, transports, or conveys to 
        another, any oil or gas knowing or having reason to know that 
        such oil or gas was stolen or unlawfully removed or diverted,
shall be liable for a penalty of up to $25,000 per violation for each 
day such violation continues without correction.
    ``(d) Repeated Violations.--(1)(A) If the Secretary or an 
authorized designee of the Secretary determines that any person has 
repeatedly violated subsection (a), (b), or (c), the Secretary or 
designee shall notify the person of the violation and demand 
compliance.
    ``(B) A person notified pursuant to subparagraph (A) shall correct 
the violations by not later than 30 calendar days after the date of the 
notification.
    ``(C) Any person who fails to comply with a demand under 
subparagraph (A) shall be liable to the United States for a civil 
penalty equal to 3 times the amount of any civil penalty that otherwise 
applies under subsection (a), (b), or (c) to the violations to which 
the demand relates.
    ``(2) In addition to the penalty provided in paragraph (1)(C), if 
the Secretary determines that any person has repeatedly violated 
subsection (a), (b), or (c) or any lease management order, the 
Secretary may--
            ``(A) shut in and cease production of any oil or gas lease 
        held by the person;
            ``(B) prohibit the person--
                    ``(i) from acquiring any additional oil or gas 
                lease, including by transfer or assignment; and
                    ``(ii) from being designated under section 102(a) 
                to make payments due under any lease;
            ``(C) cancel or transfer any interest in an oil or gas 
        lease held by the person; and
            ``(D) collect from the person reimbursement, including 
        interest, of all costs of release, transfer, or reclamation of 
        lease sites canceled or transferred, including costs of 
        disposing of lease property, facilities, and equipment.
    ``(e) Administrative Appeal.--(1) Any determination by the 
Secretary or a designee of the Secretary of the amount of any royalties 
or civil penalties owed under subsection (a), (b), (c), or (d) shall be 
final, unless within 15 days after notification by the Secretary or 
designee the person liable for such amount files an administrative 
appeal in accordance with regulations issued by the Secretary.
    ``(2) If a person files an administrative appeal pursuant to 
paragraph (1), the Secretary or designee shall make a final 
determination in accordance with the regulations referred to in 
paragraph (1).
    ``(f) Deduction.--The amount of any penalty under this section, as 
finally determined may be deducted from any sums owing by the United 
States to the person charged.
    ``(g) Compromise and Reduction.--On a case-by-case basis the 
Secretary may compromise or reduce civil penalties under this section.
    ``(h) Notice.--Notice under this subsection (a) shall be by 
personal service by an authorized representative of the Secretary or by 
registered mail. Any person may, in the manner prescribed by the 
Secretary, designate a representative to receive any notice under this 
subsection.
    ``(i) Record of Determination.--In determining the amount of such 
penalty, or whether it should be remitted or reduced, and in what 
amount, the Secretary shall state on the record the reasons for his 
determinations.
    ``(j) Judicial Review.--Any person who has requested a hearing in 
accordance with subsection (e) within the time the Secretary has 
prescribed for such a hearing and who is aggrieved by a final order of 
the Secretary under this section may seek review of such order in the 
United States district court for the judicial district in which the 
violation allegedly took place. Review by the district court shall be 
only on the administrative record and not de novo. Such an action shall 
be barred unless filed within 90 days after the Secretary's final 
order.
    ``(k) Failure To Pay.--If any person fails to pay an assessment of 
a civil penalty under this Act--
            ``(1) after the order making the assessment has become a 
        final order and if such person does not file a petition for 
        judicial review of the order in accordance with subsection (j), 
        or
            ``(2) after a court in an action brought under subsection 
        (j) has entered a final judgment in favor of the Secretary,
the court shall have jurisdiction to award the amount assessed plus 
interest from the date of the expiration of the 90-day period referred 
to in subsection (j). Judgment by the court shall include an order to 
pay.
    ``(l) Relationship to Mineral Leasing Act.--No person shall be 
liable for a civil penalty under subsection (a) or (b) for failure to 
pay any rental for any lease automatically terminated pursuant to 
section 31 of the Mineral Leasing Act.
    ``(m) Tolling of Statutes of Limitation.--(1) Any determination by 
the Secretary or a designee of the Secretary that a person has violated 
subsection (a), (b)(2), or (b)(4) shall toll any applicable statute of 
limitations for all oil and gas leases held or operated by such person, 
until the later of--
            ``(A) the date on which the person corrects the violation 
        and certifies that all violations of a like nature have been 
        corrected for all of the oil and gas leases held or operated by 
        such person; or
            ``(B) the date a final, nonappealable order has been issued 
        by the Secretary or a court of competent jurisdiction.
    ``(2) A person determined by the Secretary or a designee of the 
Secretary to have violated subsection (a), (b)(2), or (b)(4) shall 
maintain all records with respect to the person's oil and gas leases 
until the later of--
            ``(A) the date the Secretary releases the person from the 
        obligation to maintain such records; and
            ``(B) the expiration of the period during which the records 
        must be maintained under section 103(b).
    ``(n) State Sharing of Penalties.--Amounts received by the United 
States in an action brought under section 3730 of title 31, United 
States Code, that arises from any underpayment of royalties owed to the 
United States under any lease shall be treated as royalties paid to the 
United States under that lease for purposes of the mineral leasing laws 
and the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
et seq.).''.
    (b) Shared Civil Penalties.--Section 206 of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1736) is amended--
            (1) by inserting ``trebled royalties or'' after ``50 per 
        centum of any'' and before ``civil penalty''; and
            (2) by striking the second sentence.

Subtitle B--Amendments to Federal Oil and Gas Royalty Management Act of 
                                  1982

SEC. 211. AMENDMENTS TO DEFINITIONS.

    Section 3 of the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1702) is amended--
            (1) in paragraph (20)(A), by striking ``: Provided, That'' 
        and all that follows through ``subject of the judicial 
        proceeding'';
            (2) in paragraph (20)(B), by striking ``(with written 
        notice to the lessee who designated the designee)'';
            (3) in paragraph (23)(A), by striking ``(with written 
        notice to the lessee who designated the designee)'' ;
            (4) by amending paragraph (24) to read as follows:
            ``(24) `designee' means any person who pays, offsets, or 
        credits monies, makes adjustments, requests and receives 
        refunds, or submits reports with respect to payments a lessee 
        must make pursuant to section 102(a);'';
            (5) in paragraph (25)(B), by striking ``(subject to the 
        provision of section 102(a) of this Act)''; and
            (6) in paragraph (26), by striking ``(with notice to the 
        lessee who designated the designee)''.

SEC. 212. INTEREST.

    (a) Estimated Payments; Interest on Amount of Under Payment.--
Section 111(j) of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1721(j)) is amended by striking ``If the estimated 
payment exceeds the actual royalties due, interest is owned on the 
overpayment.''.
    (b) Overpayments.--Section 111 of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1721) is amended by striking 
subsections (h) and (i).
    (c) Effective Date.--The amendments made by this section shall be 
effective one year after the date of enactment of this Act.

SEC. 213. OBLIGATION PERIOD.

    Section 115(c) of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1724(c)) is amended--
            ``(3) Adjustments.--In the case of an adjustment under 
        section 111A(a) (30 U.S.C. 1721a(a)) in which a recoupment by 
        the lessee results in an underpayment of an obligation, for 
        purposes of this Act the obligation becomes due on the date the 
        lessee or its designee makes the adjustment.''.

SEC. 214. TOLLING AGREEMENTS AND SUBPOENAS.

    (a) Tolling Agreements.--Section 115(d)(1) of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(1)) is amended by 
striking ``(with notice to the lessee who designated the designee)''.
    (b) Subpeonas.--Section 115(d)(2)(A) of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is amended by 
striking ``(with notice to the lessee who designated the designee, 
which notice shall not constitute a subpoena to the lessee)''.

SEC. 215. LIABILITY FOR ROYALTY PAYMENTS.

    Section 102(a) of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1712(a)) is amended to read as follows:
    ``(a) In order to increase receipts and achieve effective 
collections of royalty and other payments, a lessee who is required to 
make any royalty or other payment under a lease or under the mineral 
leasing laws, shall make such payments in the time and manner as may be 
specified by the Secretary or the applicable delegated State. Any 
person who pays, offsets or credits monies, makes adjustments, requests 
and receives refunds, or submits reports with respect to payments the 
lessee must make is the lessee's designee under this Act. 
Notwithstanding any other provision of this Act to the contrary, a 
designee shall be liable for any payment obligation of any lessee on 
whose behalf the designee pays royalty under the lease. The person 
owning operating rights in a lease and a person owning legal record 
title in a lease shall be liable for that person's pro rata share of 
payment obligations under the lease.''.

       Subtitle C--Public Interest in the Federal Energy Program

SEC. 221. SURFACE OWNER PROTECTION.

    (a) Definitions.--As used in this section--
            (1) the term ``Secretary'' means the Secretary of the 
        Interior;
            (2) the term ``lease'' means a lease issued by the 
        Secretary under the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
        or any other law, providing for development of oil and gas 
        resources (including coalbed methane) owned by the United 
        States;
            (3) the term ``lessee'' means the holder of a lease; and
            (4) the term ``operator'' means any person that is 
        responsible under the terms and conditions of a lease for the 
        operations conducted on leased lands or any portion thereof.
    (b) Post-Lease Surface Use Agreement.--
            (1) In general.--Except as provided in subsection (c), the 
        Secretary may not authorize any operator to conduct exploration 
        and drilling operations on lands with respect to which title to 
        oil and gas resources is held by the United States but title to 
        the surface estate is not held by the United States, until the 
        operator has filed with the Secretary a document, signed by the 
        operator and the surface owner or owners, showing that the 
        operator has secured a written surface use agreement between 
        the operator and the surface owner or owners that meets the 
        requirements of paragraph (2).
            (2) Contents.--The surface use agreement shall provide 
        for--
                    (A) the use of only such portion of the surface 
                estate as is reasonably necessary for exploration and 
                drilling operations based on site-specific conditions;
                    (B) the accommodation of the surface estate owner 
                to the maximum extent practicable, including the 
                location, use, timing, and type of exploration and 
                drilling operations, consistent with the operator's 
                right to develop the oil and gas estate;
                    (C) the reclamation of the site to a condition 
                capable of supporting the uses which such lands were 
                capable of supporting prior to exploration and drilling 
                operations or other uses as agreed to by the operator 
                and the surface owner; and
                    (D) compensation for damages as a result of 
                exploration and drilling operations, including but not 
                limited to--
                            (i) loss of income and increased costs 
                        incurred;
                            (ii) damage to or destruction of personal 
                        property, including crops, forage, and 
                        livestock; and
                            (iii) failure to reclaim the site in 
                        accordance with this subparagraph (C).
            (3) Procedure.--
                    (A) In general.--An operator shall notify the 
                surface estate owner or owners of the operator's desire 
                to conclude an agreement under this section. If the 
                surface estate owner and the operator do not reach an 
                agreement within 90 days after the operator has 
                provided such notice, the matter shall be referred to 
                third party arbitration for resolution within a period 
                of 90 days. The cost of such arbitration shall be the 
                responsibility of the operator.
                    (B) Identification of arbiters.--The Secretary 
                shall identify persons with experience in conducting 
                arbitrations and shall make this information available 
                to operators and surface owners.
                    (C) Referral to identified arbiter.--Referral of a 
                matter for arbitration by a person identified by the 
                Secretary pursuant to subparagraph (B) shall be 
                sufficient to constitute compliance with subparagraph 
                (A).
            (4) Attorneys fees.--If action is taken to enforce or 
        interpret any of the terms and conditions contained in a 
        surface use agreement, the prevailing party shall be reimbursed 
        by the other party for reasonable attorneys fees and actual 
        costs incurred, in addition to any other relief which a court 
        or arbitration panel may grant.
    (c) Authorized Exploration and Drilling Operations.--
            (1) Authorization without surface use agreement.--The 
        Secretary may authorize an operator to conduct exploration and 
        drilling operations on lands covered by subsection (b) in the 
        absence of an agreement with the surface estate owner or 
        owners, if--
                    (A) the Secretary makes a determination in writing 
                that the operator made a good faith attempt to conclude 
                such an agreement, including referral of the matter to 
                arbitration pursuant to subsection (b)(3), but that no 
                agreement was concluded within 90 days after the 
                referral to arbitration;
                    (B) the operator submits a plan of operations that 
                provides for the matters specified in subsection (b)(2) 
                and for compliance with all other applicable 
                requirements of Federal and State law; and
                    (C) the operator posts a bond or other financial 
                assurance in an amount the Secretary determines to be 
                adequate to ensure compensation to the surface estate 
                owner for any damages to the site, in the form of a 
                surety bond, trust fund, letter of credit, government 
                security, certificate of deposit, cash, or equivalent.
            (2) Surface owner participation.--The Secretary shall 
        provide surface estate owners with an opportunity to--
                    (A) comment on plans of operations in advance of a 
                determination of compliance with this section;
                    (B) participate in bond level determinations and 
                bond release proceedings under this subsection;
                    (C) attend an on-site inspection during such 
                determinations and proceedings;
                    (D) file written objections to a proposed bond 
                release; and
                    (E) request and participate in an on-site 
                inspection when they have reason to believe there is a 
                violation of the terms and conditions of a plan of 
                operations.
            (3) Payment of financial guarantee.--A surface estate owner 
        with respect to any land subject to a lease may petition the 
        Secretary for payment of all or any portion of a bond or other 
        financial assurance required under this subsection as 
        compensation for any damages as a result of exploration and 
        drilling operations. Pursuant to such a petition, the Secretary 
        may use such bond or other guarantee to provide compensation to 
        the surface estate owner for such damages.
            (4) Bond release.--Upon request and after inspection and 
        opportunity for surface estate owner review, the Secretary may 
        release the financial assurance required under this subsection 
        if the Secretary determines that exploration and drilling 
        operations are ended and all damages have been fully 
        compensated.
    (d) Surface Owner Notification.--The Secretary shall--
            (1) notify surface estate owners in writing at least 45 
        days in advance of lease sales;
            (2) within ten working days after a lease is issued, notify 
        surface estate owners of regarding the identity of the lessee;
            (3) notify surface estate owners in writing within 10 
        working days concerning any subsequent decisions regarding a 
        lease, such as modifying or waiving stipulations and approving 
        rights of way; and
            (4) notify surface estate owners within five business days 
        after issuance of a drilling permit under a lease.

SEC. 222. ONSHORE OIL AND GAS RECLAMATION AND BONDING.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by 
adding at the end the following:
    ``(p) Reclamation Requirements.--An operator producing oil or gas 
(including coalbed methane) under a lease issued pursuant to this Act 
shall--
            ``(1) at a minimum restore the land affected to a condition 
        capable of supporting the uses that it was capable of 
        supporting prior to any drilling, or higher or better uses of 
        which there is reasonable likelihood, so long as such use or 
        uses do not present any actual or probable hazard to public 
        health or safety or pose any actual or probable threat of water 
        diminution or pollution, and the permit applicants' declared 
        proposed land use following reclamation is not impractical or 
        unreasonable, inconsistent with applicable land use policies 
        and plans, or involve unreasonable delay in implementation, or 
        is violative of Federal, State, or local law;
            ``(2) ensure that all reclamation efforts proceed in an 
        environmentally sound manner and as contemporaneously as 
        practicable with the oil and gas drilling operations; and
            ``(3) submit with the plan of operations a reclamation plan 
        that describes in detail the methods and practices that will be 
        used to ensure complete and timely restoration of all lands 
        affected by oil and gas operations.
    ``(q) Reclamation Bond.--An operator producing oil or gas 
(including coalbed methane) under a lease issued under this Act shall 
post a bond that covers that area of land within the permit area upon 
which the operator will initiate and conduct oil and gas drilling and 
reclamation operations within the initial term of the permit. As 
succeeding increments of oil and gas drilling and reclamation 
operations are to be initiated and conducted within the permit area, 
the lessee shall file with the regulatory authority an additional bond 
or bonds to cover such increments in accordance with this section. The 
amount of the bond required for each bonded area shall depend upon the 
reclamation requirements of the approved permit; shall reflect the 
probable difficulty of reclamation giving consideration to such factors 
as topography, geology of the site, hydrology, and revegetation 
potential; and shall be determined by the Secretary. The amount of the 
bond shall be sufficient to assure the completion of the reclamation 
plan if the work had to be performed by the Secretary in the event of 
forfeiture.
    ``(r) Regulations.--No later than one year after the date of the 
enactment of this subsection, the Secretary shall promulgate 
regulations to implement the requirements of subsections (p) and 
(q).''.

SEC. 223. PROTECTION OF WATER RESOURCES.

    (a) Mineral Leasing Act Requirements.--Section 17 of the Mineral 
Leasing Act (30 U.S.C. 226) is further amended by adding at the end the 
following:
    ``(s) Water Requirements.--
            ``(1) In general.--An operator producing oil or gas 
        (including coalbed methane) under a lease issued under this Act 
        shall--
                    ``(A) replace the water supply of a water user who 
                obtains all or part of such user's supply of water for 
                domestic, agricultural, or other purposes from an 
                underground or surface source that has been affected by 
                contamination, diminution, or interruption proximately 
                resulting from drilling operations for such production; 
                and
                    ``(B) comply with all applicable requirements of 
                Federal and State law for discharge of any water 
                produced under the lease.
            ``(2) Water management plan.--An application for a lease 
        under this subsection shall be accompanied by a proposed water 
        management plan including provisions to--
                    ``(A) protect the quantity and quality of surface 
                and ground water systems, both on-site and off-site, 
                from adverse effects of the exploration, development, 
                and reclamation processes or to provide alternative 
                sources of water if such protection cannot be assured;
                    ``(B) protect the rights of present users of water 
                that would be affected by operations under the lease, 
                including the discharge of any water produced in 
                connection with such operations that is not reinjected; 
                and
                    ``(C) identify any agreements with other parties 
                for the beneficial use of produced waters and the steps 
                that will be taken to comply with State and Federal 
                laws related to such use.''.
    (b) Relation to State Law.--Nothing in this subtitle or any 
amendment made by this subtitle shall--
            (1) be construed as impairing or in any manner affecting 
        any right or jurisdiction of any State with respect to the 
        waters of such State; or
            (2) be construed as limiting, altering, modifying, or 
        amending any of the interstate compacts or equitable 
        apportionment decrees that apportion water among and between 
        States.

SEC. 224. DUE DILIGENCE FEE.

    (a) Establishment.--The Secretary of the Interior shall, within 180 
days after the date of enactment of this Act, issue regulations to 
establish a fee with respect to Federal onshore lands that are subject 
to a lease for production of oil, natural gas, or coal under which 
production is not occurring.
    (b) Amount.--The amount of the fee shall be $1 per year for each 
acre of land that is not in production for that year.
    (c) Assessment and Collection.--The Secretary shall assess and 
collect the fee established under this section.
    (d) Deposit and Use.--Amounts received by the United States in the 
form of the fee established under this section shall be available to 
the Secretary of the Interior for use to repair damage to Federal lands 
and resources caused by oil and gas development, in accordance with the 
the documents submitted by the President with the budget submission for 
fiscal year 2008 relating to the Healthy Lands Initiative.

  Subtitle D--Ensuring Safety of Wildlife With Respect to Wind Energy

SEC. 231. STANDARDS AND REQUIREMENTS.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Secretary, acting through the Director and after public 
notice and opportunity to comment, shall promulgate regulations that 
establish minimum standards for siting, construction, monitoring, and 
adaptive management that must be satisfied by all wind projects to 
avoid, minimize, and mitigate adverse impacts on migratory birds, bats, 
and other wildlife.
    (b) New Wind Projects.--Such standards shall, for all wind projects 
that have not been constructed before the date of enactment of this 
Act, include at a minimum the following:
            (1) Preconstruction surveys.--Requirements for 
        comprehensive preconstruction surveys that are of sufficient 
        duration and scope to reasonably evaluate the extent to which a 
        particular site is used by migratory birds, bats, and other 
        wildlife, including species listed as endangered species or 
        threatened species under section 4 of the Endangered Species 
        Act of 1973(16 U.S.C. 1533) and the potential cumulative impact 
        that a proposed wind project would have on such wildlife in 
        combination with other existing or proposed wind projects. Such 
        requirements shall provide that surveys must be carried out by 
        scientific teams that include independent scientists and that 
        the Director may obtain reasonable access to the proposed 
        construction site to ensure that survey protocols are being 
        properly developed and implemented.
            (2) Siting.--Standards for siting wind projects for which 
        construction has not begun so as to avoid impacts, including 
        cumulative impacts, on birds, bats, and other wildlife to the 
        greatest extent practicable based on data gathered during 
        preconstruction surveys required under paragraph (1), 
        including--
                    (A) the avoidance of ecologically sensitive areas 
                of importance to wildlife, such as migration corridors, 
                wetlands, and other habitats where wildlife congregate; 
                hibernation, breeding, and nursery areas; and critical 
                habitats of endangered species and threatened species, 
                and
                    (B) siting and configuring wind turbines to avoid 
                landscape and other features known to attract wildlife.
            (3) Construction and operation.--Requirements for the 
        construction and operation of wind projects so that they 
        minimize impacts on birds, bats, and other wildlife to the 
        greatest extent practicable, including by--
                    (A) incorporating the best available technology for 
                minimizing such impacts, and
                    (B) operating such projects in a manner that 
                minimizes impacts on birds, bats, and other wildlife.
            (4) Post-construction monitoring.--Requirements for 
        thorough post-construction monitoring of the actual impacts, 
        including cumulative impacts, that wind projects are having on 
        birds, bats, and other wildlife, including standards and 
        protocols for transmitting all monitoring data and findings to 
        the Director for consideration of cumulative impacts and 
        dissemination to the public. Such requirements shall provide 
        that monitoring must be carried out by scientific teams that 
        include independent scientists, and that the Director may 
        obtain access at any time to the site to ensure that monitoring 
        protocols are being properly developed and implemented.
            (5) Adaptive management.--Requirements for adaptive 
        management of wind projects if the impacts of such projects on 
        birds, bats, and other wildlife exceed predicted impacts, 
        including requirements that a wind project operator shall--
                    (A) take steps to reduce such impacts to the levels 
                predicted prior to operation; or
                    (B) suspend operations if such steps are not, or 
                cannot be, taken.
            (6) Offset of unavoidable impacts.--Requirements that wind 
        projects offset any unavoidable impacts, including cumulative 
        impacts, on birds, bats, and other wildlife through the 
        acquisition, conservation, or restoration of mitigation 
        habitat, the funding of research that will be of value in 
        conserving affected wildlife, and other appropriate measures.
    (c) Existing Projects.--Such standards shall, for all wind projects 
that have begun operation before the date of enactment of this Act, 
include at a minimum appropriate requirements for monitoring, adaptive 
management, and offset of unavoidable impacts mitigation for adverse 
impacts on birds, bats, and other wildlife, consistent with paragraphs 
(4) through (6) of subsection (b).

SEC. 232. CERTIFICATION OF COMPLIANCE.

    (a) Certification Requirement.--
            (1) In general.--No person may construct or operate a wind 
        project unless the Director has issued a certification that the 
        project will be constructed and operated in compliance with the 
        standards promulgated under section 231.
            (2) Application.--Paragraph (1) shall apply--
                    (A) in the case of a wind power project that began 
                operating before the date of enactment of this Act, 
                beginning at the end of the 180-day period beginning on 
                the date the Director promulgates regulations under 
                subsection (b); and
                    (B) in the case of a wind power project that has 
                not been constructed before the date of enactment of 
                this Act, beginning on such date of enactment.
    (b) Applications.--
            (1) In general.--Within 180 days after the date of 
        enactment of this Act, the Director, after public notice and 
        opportunity to comment, shall promulgate regulations that 
        establish procedures for issuing certifications under this 
        section.
            (2) Contents.--Such regulations shall--
                    (A) include requirements for submitting an 
                application for certification under this section, 
                including requirements for the contents of such 
                applications;
                    (B) provide for advance public comment on each 
                application for certification and on the conditions 
                that should be attached to such a certification; and
                    (C) require that such applications address in 
                detail how the project will be constructed and operated 
                in compliance with all applicable standards promulgated 
                under section 231.
    (c) Renewal of Certification.--Regulations under subsection (b) 
shall--
            (1) require that each certification under this section must 
        be renewed at least once every three years;
            (2) establish procedures and requirements applicable to 
        such renewal applications; and
            (3) provide for advance public notice and comment regarding 
        each application for renewal.

SEC. 233. PENALTIES.

    A person who violates this subtitle or a regulation issued under 
this subtitle is subject to a fine of not more than $50,000, or 
imprisonment of not more than one year, or both.

SEC. 234. RELATIONSHIP TO OTHER STATUTES.

    Nothing in this subtitle affects the application of the Endangered 
Species Act of 1973, the Migratory Bird Treaty Act, the Bald Eagle 
Protection Act, the Golden Eagle Protection Act, the Marine Mammal 
Protection Act of 1973, National Environmental Policy Act of 1969, or 
any other relevant Federal law to wind projects.

SEC. 235. DEFINITIONS.

    As used in this subtitle:
            (1) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service, or a designee of 
        that Director.
            (2) Independent scientist.--The term ``independent 
        scientist'' mean a scientist who is not an employee of, or 
        regular consultant to, the wind power industry.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Wind project.--The term ``wind project'' means any 
        project in the United States that uses wind to generate 
        electric power.

               Subtitle E--Enhancing Energy Transmission

SEC. 241. ENERGY TRANSMISSION SERVICE OFFERED BY POWER MARKETING 
              ADMINISTRATIONS.

    The Secretary of Energy shall require each Federal Power Marketing 
Administration providing transmission service to offer conditional firm 
energy transmission service, consistent with Federal Energy Regulatory 
Commission order 890, through contracts of one or more years in 
duration.

SEC. 242. POWER MARKETING ADMINISTRATIONS REPORT.

    (a) Analysis.--The Secretary of Energy, acting through the 
Administrators of the Bonneville and Western Area Power Marketing 
Administrations, shall conduct an analysis of the existing capacity of 
transmission and distribution systems serving the States of California, 
Oregon, and Washington to accommodate and promote development and 
commercial operation of ocean wave, tidal, and current energy projects 
in State and Federal marine waters adjacent to those States.
    (b) Report.--Based on the analysis conducted under subsection (a), 
the Secretary of Energy shall prepare and provide to the Natural 
Resources Committee of the House of Representatives and the Energy and 
Natural Resources Committee of the Senate, not later than one year 
after the date of enactment of this Act, a report identifying changes 
required, if any, in the capacity of existing transmission and 
distribution systems serving the States referred to in subsection (a) 
in order to reliably and efficiently accommodate generation from 
commercial ocean wave, tidal, and current energy projects in aggregate, 
escalating amounts equal to 2.5, 5, and 10 percent of the current 
electrical energy consumption in those States.

              TITLE III--ALTERNATIVE ENERGY AND EFFICIENCY

SEC. 301. STATE OCS ALTERNATIVE ENERGY PLANNING.

    (a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq. is amended by inserting after section 306A the following:

    ``ocs alternative energy state surveys; alternative energy site 
                      identification and planning

    ``Sec. 306B.  (a) Grants to States.--The Secretary may make grants 
to eligible coastal states to support voluntary State efforts to 
initiate and complete surveys of portions of the Outer Continental 
Shelf adjacent to a State's coastal zone and coastal state waters to 
identify potential areas suitable for the exploration, development, and 
production of alternative energy that are consistent with the 
enforceable policies of coastal management plans approved pursuant to 
section 306A.
    ``(b) Survey Elements.--Surveys developed with grants under this 
section shall include, but not be limited to--
            ``(1) hydrographic and bathymetric surveys;
            ``(2) oceanographic observations and measurements of the 
        physical ocean environment, especially seismically active 
        areas;
            ``(3) identification and characterization of significant or 
        sensitive marine ecosystems or other areas possessing important 
        conservation, recreational, ecological, historic, or aesthetic 
        values;
            ``(4) surveys of existing marine uses in the OCS and 
        identification of potential conflicts;
            ``(5) inventories and surveys of shore locations and 
        infrastructure capable of supporting alternative energy 
        development; and
            ``(6) other actions as may be necessary.
    ``(c) Participation.--To the extent practicable, coastal states 
shall provide opportunity for the participation in surveys under this 
section by relevant Federal agencies, State agencies, local 
governments, regional organizations, port authorities, and other 
interested parties and stakeholders, public and private, that is 
adequate to develop a comprehensive survey.
    ``(d) Guidelines.--The Secretary shall, within 180 days after the 
date of enactment of this section and after consultation with the 
coastal states, publish guidelines for the application for and use of 
grants under this section.
    ``(e) Annual Grants.--For each of fiscal years 2008 through 2011, 
the Secretary may make a grant to a coastal state under this section if 
the coastal state demonstrates to the satisfaction of the Secretary 
that the grant will be used to develop an alternative energy survey 
consistent with the requirements set forth in section 306A and this 
section.
    ``(f) Grant Amounts.--The amount of any grant under this section 
shall not exceed $750,000 for any fiscal year.
    ``(g) State Match.--
            ``(1) Before fiscal year 2010.--The Secretary shall not 
        require any State matching fund contribution for grants awarded 
        under this section for any fiscal year before fiscal year 2010.
            ``(2) After fiscal year 2010.--The Secretary shall require 
        a coastal state to provide a matching fund contribution for a 
        grant under this section according to--
                    ``(A) a 2-to-1 ratio of Federal-to-State 
                contributions for fiscal year 2010; and
                    ``(B) a 1-to-1 ratio of Federal-to-State 
                contributions for fiscal year 2011.
    ``(h) Secretarial Review.--After an initial grant is made to a 
coastal state under this section, no subsequent grant may be made to 
that coastal state under this section unless the Secretary finds that 
the coastal state is satisfactorily developing its survey.
    ``(i) Limitation on Eligibility.--No coastal state is eligible to 
receive grants under this section for more than 4 fiscal years.
    ``(j) Applicability.--This section and the surveys conducted with 
assistance under this section shall not be construed to convey any new 
authority to any coastal state, or repeal or supersede any existing 
authority of any Federal agency, to regulate the siting, licensing, 
leasing, or permitting of alternative energy facilities in areas of the 
Outer Continental Shelf under the administration of the Federal 
Government. Nothing in this section repeals or supersedes any existing 
coastal state authority.
    ``(k) Priority.--Any area that is identified as suitable for 
potential alternative energy development under surveys developed with 
assistance under this section shall be given priority consideration by 
Federal agencies for the siting, licensing, leasing, or permitting of 
alternative energy facilities.
    ``(l) Assistance by the Secretary.--The Secretary shall--
            ``(1) under section 307(a) and to the extent practicable, 
        make available to coastal states the resources and capabilities 
        of the National Oceanic and Atmospheric Administration to 
        provide technical assistance to the coastal states to develop 
        surveys under this section; and
            ``(2) encourage other Federal agencies with relevant 
        expertise to participate in providing technical assistance 
        under this subsection.''.
    (b) Authorization of Appropriations.--Section 318(a) of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1464) is amended--
            (1) in paragraph (1) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(3) for grants under section 306B such sums as are 
        necessary; and''.

SEC. 302. CANAL-SIDE POWER PRODUCTION AT BUREAU OF RECLAMATION 
              PROJECTS.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of the Interior shall complete an evaluation and 
report to Congress on the potential for developing rights-of-way along 
Bureau of Reclamation canals and infrastructure for solar or wind 
energy production through leasing of lands or other means. The report 
to Congress shall specify--
            (1) location of potential rights-of-way for energy 
        production;
            (2) total acreage available for energy production;
            (3) existing transmission infrastructure at sites;
            (4) estimates of fair market leasing value of potential 
        energy sites; and
            (5) estimate energy development potential at sites.

SEC. 303. INCREASING ENERGY EFFICIENCIES FOR WATER DESALINATION.

    The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public 
Law 104-298) is amended by adding at the end the following new section:

``SEC. 10. RESEARCH ON REVERSE OSMOSIS TECHNOLOGY FOR WATER 
              DESALINATION AND WATER RECYCLING.

    ``(a) Research Program.--The Secretary of the Interior, in 
consultation with the Secretary of Energy, shall implement a program to 
research methods for improving the energy efficiency of reverse osmosis 
technology for water desalination and water recycling.
    ``(b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of the Interior shall submit to 
Congress a report which shall include--
            ``(1) a review of existing and emerging technologies, both 
        domestic and international, that are likely to improve energy 
        efficiency at existing and future desalination and recycling 
        facilities; and
            ``(2) an analysis of the economic viability of energy 
        efficiency technologies.''.

SEC. 304. GREEN BUILDING LEADERSHIP PROGRAM.

    (a) Major New Construction.--All major new facility construction 
projects funded in whole or in part through the Department of the 
Interior, the National Ocean Service, the National Marine Fisheries 
Service, or the Forest Service shall be designed to meet or exceed 
Leadership in Energy and Environmental Design Green Building Rating 
System Silver Certification Standards.
    (b) Existing Facilities.--All major facility renovation projects or 
facility adaptive reuse projects funded in whole or in part through the 
Department of the Interior, the National Ocean Service, the National 
Marine Fisheries Service, or the Forest Service shall be designed to 
meet or exceed Leadership in Energy and Environmental Design Existing 
Building Silver Certification Standards.
    (c) Certification.--Certification under the Leadership in Energy 
and Environmental Design program of facilities described in subsections 
(a) and (b) is encouraged but not required.

SEC. 305. GREEN CONCESSIONS MANAGEMENT PROGRAM.

    When awarding any concession, whether operated under a concession 
contract, special use permit, or lease, the Department of the Interior 
and the Forest Service shall give preference to proposals that are 
likely to result in demonstrable energy savings and the implementation 
of environmentally sustainable practices.

SEC. 306. FEDERAL HYDROPOWER PRODUCTION FACILITIES INVENTORY AND MAP.

    Not later than one year after the date of the enactment of this 
Act, the United States Geological Survey and the Bureau of Reclamation, 
in consultation with the Federal Energy Regulatory Commission, shall 
inventory and map groundwater resources and uses in hydrologic 
watersheds containing Federal hydropower production facilities. The 
inventory shall include the following:
            (1) An analysis of groundwater use in the watersheds and a 
        description of the source or recharge area for the aquifers.
            (2) An analysis of the capacity and volume of groundwater 
        resources in the watersheds, including an assessment of whether 
        groundwater resources can be developed on a sustainable and 
        economically viable basis to improve the reliability of surface 
        water supplies for hydroelectric power generation.
            (3) Any known reduction of energy generation capacity or 
        use from drought or other factors.

SEC. 307. ESTABLISHING A PILOT PROGRAM FOR THE DEVELOPMENT OF STRATEGIC 
              SOLAR RESERVES ON FEDERAL LANDS.

    (a) Purpose.--To establish a pilot program for the development of 
strategic solar reserve on Federal lands for the advancement, 
development, assessment, and installation of commercial concentrating 
solar power energy systems.
    (b) Strategic Solar Reserve Program.--
            (1) Site selection.--The Secretary of the Interior, in 
        consultation with the Secretary of Energy, the Secretary of 
        Defense, and the Federal Energy Regulatory Commission, States, 
        tribal, or local units of governments, as appropriate, affected 
        utility industries, and other interested persons, shall 
        complete the following:
                    (A) Identify Federal lands under the jurisdiction 
                of the Bureau of Land Management, subject to valid 
                existing rights, that are suitable and feasible for the 
                installation of concentrating solar power energy 
                systems sufficient to create a solar energy reserve of 
                no less than 4 GW and no more than 10 GW.
                    (B) Perform any environmental reviews that may be 
                required to complete the designation of such solar 
                reserves.
                    (C) Incorporate the designated solar reserves into 
                the relevant agency land use and resource management 
                plans or equivalent plans.
            (2) Minimum power of sites.--Each site identified as 
        suitable and feasible for the installation of concentrating 
        solar power systems shall be sufficient for the installation of 
        at least 1 GW.
            (3) Lands included.--The following Federal lands shall not 
        be included within a strategic solar reserve site:
                    (A) Components of the National Landscape 
                Conservation System.
                    (B) Areas of Critical Environmental Concern.
            (4) Implementation of the strategic solar reserve.--(A) The 
        Secretary of Energy and the Secretary of Interior shall 
        expeditiously implement a strategic solar reserve program for 
        concentrating solar energy to produce no less than 4 GW and no 
        more than 10 GW on such Federal lands, following the completion 
        of the requirements contained in subparagraph (B).
            (B) The Secretary of Energy, in consultation with the 
        Secretary of the Interior, shall establish a program within the 
        Department of Energy to administer the selection and 
        installation of concentrating solar power technologies on such 
        Federal lands identified in paragraph (1)(A). The Secretary of 
        Energy shall establish criteria for an application process to 
        allow for a variety of concentrating solar technologies and for 
        project development milestones to ensure due diligence in the 
        development of the strategic solar reserves.
            (5) Environmental compliance.--The Secretary of the 
        Interior shall complete all necessary environmental surveys, 
        compliance and permitting for rights of way pursuant to title V 
        of the Federal Land Policy Management Act of 1976 for each 
        strategic solar reserve, as expeditiously as possible. The 
        applicant shall pay all costs of environmental compliance, 
        including when a determination is made that the land is not 
        suitable and feasible for such installation or the bid is 
        withdrawn following the initiation of such environmental 
        compliance.
            (6) Permits.--The Secretary of the Interior shall ensure 
        that all strategic solar reserve installation pursuant to this 
        section is permitted using an expedited permitting process. The 
        Secretary shall, in consultation with the Secretary of Energy, 
        complete the preparation of a Programmatic Environmental Impact 
        Statement by the Departments of Energy and Interior for 
        concentrating solar power on Federal lands.
            (7) Rental fees.--The rental fee for each strategic solar 
        reserve right-of-way authorization under this subsection shall 
        be established at the greater of $200 per acre or fair market 
        value for the first year of operation and increasing 25 percent 
        after the first 5 years and an additional 25 percent in the 
        tenth year of the pilot program, to be paid in annual payments 
        commencing on the day of operation. During the development and 
        construction phase of a project, the rental fee shall be 
        waived. The leases shall be for a term of 30 years.
            (8) Report to congress.--The Secretary of the Interior, in 
        consultation with the Secretary of Energy, shall submit a 
        report to Congress on the findings of the pilot project--
                    (A) not later than 3 years after the installation 
                of the first facility pursuant to this section; and
                    (B) 10 years after the installation of the first 
                facility pursuant to this section.
    (c) Buy American Act.--In carrying out this section, the Secretary 
shall comply with the Buy American Act (41 U.S.C. 10a et seq.).
    (d) Davis-Bacon Act.--Notwithstanding any other provision of law, 
the prevailing wage requirements of subchapter IV of chapter 31 of 
title 40, United State Code, shall apply to any labor funded under this 
Act.
    (e) Sunset.--The authorities contained in this section shall expire 
10 years after the date of the enactment of this Act.

SEC. 308. OTEC REGULATIONS.

    The Administrator of the National Oceanic and Atmospheric 
Administration shall, within two years after the date of enactment of 
this Act, issue regulations necessary to implement the Administrator's 
authority to license offshore thermal energy conversion facilities 
under the Ocean Thermal Energy Conversion Research, Development, and 
Demonstration Act (42 U.S.C. 9001 et seq.).

SEC. 309. BIOMASS UTILIZATION PILOT PROGRAM.

    (a) Replacement of Current Grant Program.--Section 210 of the 
Energy Policy Act of 2005 (42 U.S.C. 15855) is amended to read as 
follows:

``SEC. 210. BIOMASS UTILIZATION PILOT PROGRAM.

    ``(a) Findings.--Congress finds the following:
            ``(1) The supply of woody biomass for energy production is 
        directly linked to forest management planning to a degree far 
        greater than in the case of other types of energy development.
            ``(2) As a consequence of this linkage, the process of 
        developing and evaluating appropriate technologies and 
        facilities for woody biomass energy and utilization must be 
        integrated with long-term forest management planning processes, 
        particularly in situations where Federal lands dominate the 
        forested landscape.
    ``(b) Biomass Definition for Federal Forest Lands.--In this 
section, with respect to organic material removed from National Forest 
System lands or from public lands administered by the Secretary of the 
Interior, the term `biomass' covers only organic material from--
            ``(1) ecological forest restoration;
            ``(2) pre-commercial thinnings;
            ``(3) brush;
            ``(4) mill residues; and
            ``(5) slash.
    ``(c) Pilot Program.--The Secretary of Agriculture and the 
Secretary of the Interior shall establish a pilot program, to be known 
as the `Biomass Utilization Pilot Program', involving 10 different 
forest types on Federal Lands, under which the Secretary concerned will 
provide technical assistance and grants to persons to support the 
following biomass-related activities on Federal lands:
            ``(1) The development of biomass utilization infrastructure 
        to support hazardous fuel reduction and ecological forest 
        restoration.
            ``(2) The research and implementation of integrated 
        facilities that seek to utilize woody biomass for its highest 
        and best uses, with particular emphasis on projects that are 
        linked to implementing community wildfire protection plans, 
        ecological forest restoration, and economic development in 
        rural communities.
            ``(3) The testing of multiple technologies and approaches 
        to biomass utilization for energy, with emphasis on improving 
        energy efficiency, developing thermal applications and 
        distributed heat, biofuels, and achieving cleaner emissions 
        including through combustion with other alternative fuels, as 
        well as other value-added uses.
            ``(4) The study of biomass supply.
    ``(d) Biomass Supply Study.--Prior to the development of any 
biomass utilization pilot projects, the Secretary concerned shall 
develop a study to determine the long-term, ecologically sustainable, 
biomass supply available in the pilot program area. The study shall 
also analyze the long-term availability of biomass materials within a 
reasonable transportation distance. The biomass supply studies shall be 
developed through a collaborative approach, as evidenced by the broad 
involvement, analysis, and agreement of interested persons, including 
local governments, energy developers, conservationists, and land 
management agencies. The results of the biomass supply study shall be a 
basis for determining the project scale, as outlined in subsection (g).
    ``(e) Exclusion of Certain Federal Land.--The following Federal 
lands may not be included within a pilot project site:
            ``(1) Federal land containing old growth forest or late 
        successional forest.
            ``(2) Federal land on which the removal of vegetation is 
        prohibited, including components of the National Wilderness 
        Preservation System.
            ``(3) Wilderness Study Areas.
            ``(4) Inventoried roadless areas.
            ``(5) Components of the National Landscape Conservation 
        System.
            ``(6) National Monuments.
    ``(f) Multiple Projects.--In conducting the pilot program, the 
Secretary concerned shall include a variety of projects involving--
            ``(1) innovations in facilities of various sizes and 
        processing techniques; and
            ``(2) the full spectrum of woody biomass producing regions 
        of the United States.
    ``(g) Selection Criteria and Project Scale.--In selecting the 
projects to be conducted under the pilot program, and the appropriate 
scale of projects, the Secretary concerned shall consider criteria that 
evaluate existing economic, ecological, and social conditions, focusing 
on opportunities such as workforce training, job creation, ecosystem 
health, and reducing energy costs. The agreement on the scale of a 
project shall be reached through a collaborative approach, as evidenced 
by the broad involvement, analysis, and agreement of interested 
persons, including local governments, energy developers, 
conservationists, and land management agencies. In selecting the 
appropriate scale of projects to be conducted under the pilot program, 
the Secretary concerned shall also consider the results of the supply 
study as outlined in subsection (d).
    ``(h) Monitoring and Reporting Requirements.--As part of the pilot 
program, the Secretary concerned shall impose monitoring and reporting 
requirements to ensure that the ecological, social, and economic 
effects of the projects conducted under the pilot program are being 
monitored and that the accomplishments, challenges, and lessons of each 
project are recorded and reported.
    ``(i) Other Definitions.--In this section:
            ``(1) Highest and best use.--The term `highest and best 
        use', with regard to biomass, means--
                    ``(A) creating from raw materials those products 
                and those biomass uses that will achieve the highest 
                market value; and
                    ``(B) yielding a wide range of existing and 
                innovative products and biomass uses that create new 
                markets, stimulate existing ones, and improve rural 
                economies, maintains or improves ecosystem integrity, 
                while also supporting traditional biomass energy 
                generation.
            ``(2) Pilot program.--The term `pilot program' means the 
        Biomass Utilization Pilot Program established pursuant to this 
        section.
            ``(3) Secretary concerned.--The term `Secretary concerned' 
        means the Secretary of Agriculture, with respect to National 
        Forest System lands, and the Secretary of the Interior, with 
        respect to public lands administered by the Secretary of the 
        Interior.
            ``(4) Community wildfire protection plan.--The term 
        `community wildfire protection plan' has the meaning given that 
        term in section 101(3) of the Healthy Forest Restoration Act of 
        2003 (16 U.S.C. 6511(3)), which is further described by the 
        Western Governors Association in the document entitled 
        `Preparing a Community Wildfire Protection Plan: A Handbook for 
        Wildland-Interface Communities' and dated March 2004.
            ``(5) Federal land.--The term `Federal land' means--
                    ``(A) land of the National Forest System (as 
                defined in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a)) administered by the Secretary of Agriculture, 
                acting through the Chief of the Forest Service; and
                    ``(B) public lands (as defined in section 103 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)), the surface of which is administered by 
                the Secretary of the Interior, acting through the 
                Director of the Bureau of Land Management.
            ``(6) Inventoried roadless area.--The term `Inventoried 
        roadless area' means one of the areas identified in the set of 
        inventoried roadless areas maps contained in the Forest Service 
        Roadless Areas Conservation, Final Environmental Impact 
        Statement, Volume 2, dated November 2000.
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out the pilot 
program.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to section 210 and 
inserting the following new item:

``210. Biomass utilization pilot program.''.

         TITLE IV--CARBON CAPTURE AND CLIMATE CHANGE MITIGATION

            Subtitle A--Geological Sequestration Assessment

SEC. 401. SHORT TITLE.

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

SEC. 402. NATIONAL ASSESSMENT.

    (a) Definitions.--In this section:
            (1) Assessment.--The term ``assessment'' means the national 
        assessment of capacity for carbon dioxide completed under 
        subsection (f).
            (2) Capacity.--The term ``capacity'' means the portion of a 
        storage formation that can retain carbon dioxide in accordance 
        with the requirements (including physical, geological, and 
        economic requirements) established under the methodology 
        developed under subsection (b).
            (3) Engineered hazard.--The term ``engineered hazard'' 
        includes the location and completion history of any well that 
        could affect potential storage.
            (4) Risk.--The term ``risk'' includes any risk posed by 
        geomechanical, geochemical, hydrogeological, structural, and 
        engineered hazards.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (6) Storage formation.--The term ``storage formation'' 
        means a deep saline formation, unmineable coal seam, or oil or 
        gas reservoir that is capable of accommodating a volume of 
        industrial carbon dioxide.
    (b) Methodology.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall develop a methodology for conducting 
an assessment under subsection (f), taking into consideration--
            (1) the geographical extent of all potential storage 
        formations in all States;
            (2) the capacity of the potential storage formations;
            (3) the injectivity of the potential storage formations;
            (4) an estimate of potential volumes of oil and gas 
        recoverable by injection and storage of industrial carbon 
        dioxide in potential storage formations;
            (5) the risk associated with the potential storage 
        formations; and
            (6) the Carbon Sequestration Atlas of the United States and 
        Canada that was completed by the Department of Energy in April 
        2006.
    (c) Coordination.--
            (1) Federal coordination.--
                    (A) Consultation.--The Secretary shall consult with 
                the Secretary of Energy and the Administrator of the 
                Environmental Protection Agency on issues of data 
                sharing, format, development of the methodology, and 
                content of the assessment required under this section 
                to ensure the maximum usefulness and success of the 
                assessment.
                    (B) Cooperation.--The Secretary of Energy and the 
                Administrator shall cooperate with the Secretary to 
                ensure, to the maximum extent practicable, the 
                usefulness and success of the assessment.
            (2) State coordination.--The Secretary shall consult with 
        State geological surveys and other relevant entities to ensure, 
        to the maximum extent practicable, the usefulness and success 
        of the assessment.
    (d) External Review and Publication.--On completion of the 
methodology under subsection (b), the Secretary shall--
            (1) publish the methodology and solicit comments from the 
        public and the heads of affected Federal and State agencies;
            (2) establish a panel of individuals with expertise in the 
        matters described in paragraphs (1) through (5) of subsection 
        (b) composed, as appropriate, of representatives of Federal 
        agencies, institutions of higher education, nongovernmental 
        organizations, State organizations, industry, and international 
        geoscience organizations to review the methodology and comments 
        received under paragraph (1); and
            (3) on completion of the review under paragraph (2), 
        publish in the Federal Register the revised final methodology.
    (e) Periodic Updates.--The methodology developed under this section 
shall be updated periodically (including at least once every 5 years) 
to incorporate new data as the data becomes available.
    (f) National Assessment.--
            (1) In general.--Not later than 2 years after the date of 
        publication of the methodology under subsection (d)(1), the 
        Secretary, in consultation with the Secretary of Energy and 
        State geological surveys, shall complete a national assessment 
        of capacity for carbon dioxide in accordance with the 
        methodology.
            (2) Geological verification.--As part of the assessment 
        under this subsection, the Secretary shall carry out a drilling 
        program to supplement the geological data relevant to 
        determining storage capacity of carbon dioxide in geological 
        storage formations, including--
                    (A) well log data;
                    (B) core data; and
                    (C) fluid sample data.
            (3) Partnership with other drilling programs.--As part of 
        the drilling program under paragraph (2), the Secretary shall 
        enter, as appropriate, into partnerships with other entities to 
        collect and integrate data from other drilling programs 
        relevant to the storage of carbon dioxide in geologic 
        formations.
            (4) Incorporation into natcarb.--
                    (A) In general.--On completion of the assessment, 
                the Secretary of Energy shall incorporate the results 
                of the assessment using the NatCarb database, to the 
                maximum extent practicable.
                    (B) Ranking.--The database shall include the data 
                necessary to rank potential storage sites for capacity 
                and risk, across the United States, within each State, 
                by formation, and within each basin.
            (5) Report.--Not later than 180 days after the date on 
        which the assessment is completed, the Secretary shall submit 
        to the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate a report describing the findings under 
        the assessment.
            (6) Periodic updates.--The national assessment developed 
        under this section shall be updated periodically (including at 
        least once every 5 years) to support public and private sector 
        decisionmaking.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for the period of 
fiscal years 2008 through 2012.

            Subtitle B--Terrestrial Sequestration Assessment

SEC. 421. REQUIREMENT TO CONDUCT AN ASSESSMENT.

    (a) In General.--The Secretary of the Interior, acting through the 
United States Geological Survey, shall--
            (1) conduct an assessment of the amount of carbon stored in 
        terrestrial, aquatic, and coastal ecosystems (including 
        estuaries);
            (2) determine the processes that control the flux of carbon 
        in and out of each ecosystem;
            (3) estimate the potential for increasing carbon 
        sequestration in natural systems through management measures or 
        restoration activities in each ecosystem; and
            (4) develop near-term and long-term adaptation strategies 
        that can be employed to enhance the sequestration of carbon in 
        each ecosystem.
    (b) Use of Native Plant Species.--In developing management 
measures, restoration activities, or adaptation strategies, the 
Secretary shall emphasize the use of native plant species for each 
ecosystem.
    (c) Consultation.--The Secretary shall develop the methodology and 
conduct the assessment in consultation with the Secretary of Energy, 
the Administrator of the National Oceanic and Atmospheric 
Administration, and the heads of other relevant agencies.

SEC. 422. METHODOLOGY.

    (a) In General.--Within 270 days after the date of enactment of 
this Act, the Secretary shall develop a methodology for conducting the 
assessment.
    (b) Publication of Proposed Methodology; Comment.--Upon completion 
of a proposed methodology, the Secretary shall publish the proposed 
methodology and solicit comments from the public and heads of affected 
Federal and State agencies for 60 days before publishing a final 
methodology.

SEC. 423. COMPLETION OF ASSESSMENT AND REPORT.

    The Secretary shall--
            (1) complete the national assessment within 2 years after 
        publication of the final methodology under section 422; and
            (2) submit a report describing the results of the 
        assessment to the House Committee on Natural Resources and the 
        Senate Committee on Energy and Natural Resources within 180 
        days after the assessment is completed.

                  Subtitle C--Sequestration Activities

SEC. 431. CARBON DIOXIDE STORAGE INVENTORY.

    Section 354 of the Energy Policy Act of 2005 (42 U.S.C. 15910) is 
amended by redesignating subsection (d) as subsection (e), and by 
inserting after subsection (c) the following:
    ``(c) Records and Inventory.--The Secretary of the Interior, acting 
through the Bureau of Land Management, shall maintain records on and an 
inventory of the amount of carbon dioxide stored from Federal 
leases.''.

SEC. 432. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION ON FEDERAL 
              LANDS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of the Interior shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report on a recommended 
regulatory and certification framework for conducting geological carbon 
sequestration activities on Federal lands. The Secretary shall identify 
a lead agency within the Department of the Interior to develop this 
framework. One of the goals of the framework shall be to identify what 
actions need to be taken in order to allow for commercial-scale 
geological carbon sequestration activities to be undertaken on Federal 
lands as expeditiously as possible.

                     Subtitle D--Wildlife Programs

                CHAPTER 1--NATIONAL POLICY AND STRATEGY

SEC. 441. SHORT TITLE.

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

SEC. 442. NATIONAL POLICY ON WILDLIFE AND GLOBAL WARMING.

    It is the policy of the Federal Government, in cooperation with 
State, tribal, and affected local governments, other concerned public 
and private organizations, landowners, and citizens to use all 
practicable means and measures--
            (1) to assist wildlife populations in adapting to and 
        surviving the effects of global warming; and
            (2) to ensure the persistence and resilience of the 
        wildlife of the United States as an essential part of our 
        Nation's culture, landscape, and natural resources.

SEC. 443. DEFINITIONS.

    In this chapter:
            (1) Ecological processes.--The term ``ecological 
        processes'' means the biological, chemical, and physical 
        interactions between the biotic and abiotic components of 
        ecosystems, including nutrient cycling, pollination, predator-
        prey relationships, soil formation, gene flow, hydrologic 
        cycling, decomposition, and disturbance regimes such as fire 
        and flooding.
            (2) Habitat linkages.--The term ``habitat linkages'' means 
        areas that connect wildlife habitat or potential wildlife 
        habitat, and that facilitate the ability of wildlife to move 
        within a landscape in response to the effects of global 
        warming.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Wildlife.--The term ``wildlife'' means any species of 
        wild, free-ranging fauna including fish, and also fauna in 
        captive breeding programs the object of which is to reintroduce 
        individuals of a depleted indigenous species into previously 
        occupied range.

SEC. 444. NATIONAL STRATEGY.

    (a) Requirement.--
            (1) In general.--The Secretary shall, within two years 
        after the date of the enactment of this Act, on the basis of 
        the best available science as provided by the science advisory 
        board under section 445, promulgate a national strategy for 
        mitigating the impacts of global warming on wildlife 
        populations in the United States.
            (2) Consultation and comment.--In developing the national 
        strategy, the Secretary shall--
                    (A) consult with the Secretary of Agriculture, the 
                Secretary of Commerce, the Administrator of the 
                Environmental Protection Agency, State fish and 
                wildlife agencies, Indian tribes, local governments, 
                conservation organizations, scientists, and other 
                interested stakeholders; and
                    (B) provide opportunity for public comment.
    (b) Contents.--
            (1) In general.--The Secretary shall include in the 
        national strategy prioritized goals and measures to--
                    (A) identify and monitor wildlife populations 
                likely to be adversely affected by global warming;
                    (B) identify and monitor coastal, marine, 
                terrestrial, and freshwater resources and habitat at 
                greatest risk of being damaged by global warming;
                    (C) assist species in adapting to the impacts of 
                global warming;
                    (D) protect, acquire, and restore wildlife habitat 
                to build resilience to global warming;
                    (E) provide habitat linkages and corridors to 
                facilitate wildlife movements in response to global 
                warming;
                    (F) restore and protect ecological processes that 
                sustain wildlife populations vulnerable to global 
                warming; and
                    (G) incorporate consideration of climate change in, 
                and integrate climate change adaptation strategies for 
                wildlife into, the planning and management of Federal 
                lands administered by the Department of the Interior 
                and lands administered by the Forest Service.
            (2) Coordination with other plans.--In developing the 
        national strategy, the Secretary shall--
                    (A) take into consideration research and 
                information in State comprehensive wildlife 
                conservation plans, the North American Waterfowl 
                Management Plan, the National Fish Habitat Action Plan, 
                and other relevant wildlife conservation plans; and
                    (B) coordinate and integrate, to the extent 
                practicable and consistent with the policy set forth in 
                section 442, the goals and measures identified in the 
                national strategy with goals and measures identified in 
                such plans.
    (c) Revision.--The Secretary shall revise the national strategy not 
later than five years after its initial promulgation, and not later 
than every ten years thereafter, to reflect new information on the 
impacts of global warming on wildlife and advances in the development 
of strategies for adapting to or mitigating for such impacts.
    (d) Implementation.--
            (1) Implementation on department of the interior and forest 
        service lands.--To achieve the goals of the national strategy 
        and to implement measures for the conservation of wildlife 
        identified in the national strategy--
                    (A) the Secretary shall exercise the authority of 
                such Secretary under this and other Acts on lands 
                administered by the National Park Service, the United 
                States Fish and Wildlife Service, and the Bureau of 
                Land Management; and
                    (B) the Secretary of Agriculture shall exercise the 
                authority of such Secretary under this and other Acts 
                on lands administered by the Forest Service.
            (2) Wildlife conservation programs.--Consistent with their 
        authorities under other laws, the Secretary, the Secretary of 
        Agriculture, and the Secretary of Commerce shall administer 
        wildlife conservation programs authorized under other laws to 
        achieve the goals of the national strategy and to implement 
        measures for the conservation of wildlife identified in the 
        national strategy.

SEC. 445. ADVISORY BOARD.

    (a) Science Advisory Board.--
            (1) In general.--The Secretary shall establish and appoint 
        the members of a science advisory board comprised of not less 
        than ten and not more than twenty members recommended by the 
        President of the National Academy of Sciences with expertise in 
        wildlife biology, ecology, climate change and other relevant 
        disciplines. The director of the National Global Warming and 
        Wildlife Science Center established under subsection (b) shall 
        be an ex officio member of the science advisory board.
            (2) Functions.--The science advisory board shall--
                    (A) provide scientific and technical advice and 
                recommendations to the Secretary on the impacts of 
                global warming on wildlife and its habitat, areas of 
                habitat of particular importance for the conservation 
                of wildlife populations affected by global warming, and 
                strategies and mechanisms to mitigate the impacts of 
                global warming on wildlife in the management of Federal 
                lands and in other Federal programs for wildlife 
                conservation;
                    (B) advise the National Global Warming and Wildlife 
                Science Center established under subsection (b) and 
                review the quality of the research programs of the 
                Center;
                    (C) advise the Secretary regarding the best science 
                available for purposes of section 444(a)(1).
    (b) National Global Warming and Wildlife Science Center.--
            (1) In general.--The Secretary shall establish the National 
        Global Warming and Wildlife Science Center within the United 
        States Geological Survey.
            (2) Functions.--The National Global Warming and Wildlife 
        Science Center shall--
                    (A) conduct scientific research on national issues 
                related to the impacts of global warming on wildlife 
                and its habitat and mechanisms for adaptation or 
                mitigation of such impacts; and
                    (B) provide scientific support to Federal land 
                management agencies and Federal wildlife agencies 
                regarding such issues.
    (c) Detection of Changes.--The Secretary, the Secretary of 
Agriculture, and the Secretary of Commerce shall each exercise 
authorities under other laws to carry out programs to detect changes in 
wildlife abundance, distribution, and behavior related to global 
warming, including--
            (1) conducting species inventories on Federal lands and in 
        marine areas within the exclusive economic zone of the United 
        States; and
            (2) establishing and implementing robust, coordinated 
        monitoring programs.

SEC. 446. AUTHORIZATION OF APPROPRIATIONS.

    (a) Implementation of National Strategy.--Of the amounts 
appropriated to carry out this chapter for each fiscal year--
            (1) 45 percent are authorized to be made available to 
        Federal agencies to develop and implement the national strategy 
        promulgated under section 444 on Federal lands, of which--
                    (A) 35 percent shall be allocated to the Department 
                of the Interior to--
                            (i) operate the National Global Warming and 
                        Wildlife Science Center established under 
                        section 445; and
                            (ii) carry out the policy set forth in 
                        section 442 and implement the national strategy 
                        on lands within the National Park System, lands 
                        within the National Wildlife Refuge System, and 
                        public lands administered by the Bureau of Land 
                        Management; and
                    (B) 10 percent shall be allocated to the Department 
                of Agriculture to carry out the policy set forth in 
                section 442 and implement the national strategy on 
                lands within the National Forest System;
            (2) 25 percent are authorized to be made available to 
        Federal agencies to carry out the policy set forth in section 
        442 and to implement the national strategy through fish and 
        wildlife programs, other than for the operation and maintenance 
        of Federal lands, of which--
                    (A) 10 percent shall be allocated to the Department 
                of the Interior to fund endangered species, migratory 
                bird, and other fish and wildlife programs administered 
                by the United States Fish and Wildlife Service, other 
                than operations and maintenance of the national 
                wildlife refuges;
                    (B) 8 percent shall be allocated to the Department 
                of the Interior for implementation of cooperative grant 
                programs benefitting wildlife including the Cooperative 
                Endangered Species Fund, Private Stewardship Grants, 
                the North American Wetlands Conservation Act, the 
                Neotropical Migratory Bird Conservation Fund, and the 
                National Fish Habitat Action Plan, and used exclusively 
                for activities that address the impacts of global 
                warming on wildlife and its habitat; and
                    (C) 7 percent shall be allocated to the National 
                Oceanic and Atmospheric Administration to carry out the 
                policy set forth in section 442 and to implement the 
                national strategy through Federal programs for 
                conservation of fish and wildlife under its 
                jurisdiction; and
            (3) 30 percent are authorized to be made available for 
        grants to States and Indian tribes through the State and Tribal 
        Wildlife Grants Program authorized under section 451, to--
                    (A) be used exclusively to carry out activities 
                that address the impacts of global warming on wildlife 
                in accordance with State comprehensive wildlife 
                conservation plans developed and approved under that 
                program that contain explicit strategies for addressing 
                the impacts of global warming on wildlife; and
                    (B) revise existing State comprehensive wildlife 
                conservation plans as necessary to include specific 
                strategies for addressing the impacts of global warming 
                on wildlife.
    (b) Availability.--
    (c) Intent of Congress.--It is the intent of Congress that funding 
provided to Federal agencies and States pursuant to this chapter 
supplement, and not replace, existing sources of funding for wildlife 
conservation.

          CHAPTER 2--STATE AND TRIBAL WILDLIFE GRANTS PROGRAM

SEC. 451. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM.

    (a) Authorization of Program.--There is authorized to be 
established a State and Tribal Wildlife Grants Program to be 
administered by the Secretary of the Interior and to provide wildlife 
conservation grants to States and to the District of Columbia, Puerto 
Rico, Guam, the United States Virgin Islands, the Northern Mariana 
Islands, American Samoa, and federally recognized Indian tribes for the 
planning, development, and implementation of programs for the benefit 
of wildlife and their habitat, including species that are not hunted or 
fished.
    (b) Allocation of Funds.--
            (1) In general.--Of the amounts made available to carry out 
        this section for each fiscal year--
                    (A) 10 percent shall be for a competitive grant 
                program for Indian tribes that are not subject to the 
                remaining provisions of this section;
                    (B) of the amounts remaining after the application 
                of subparagraph (A), and after the deduction of the 
                Secretary's administrative expenses to carry out this 
                section--
                            (i) not more than one-half of 1 percent 
                        shall be allocated to each of the District of 
                        Columbia and to the Commonwealth of Puerto 
                        Rico; and
                            (ii) not more than one-fourth of 1 percent 
                        shall be allocated to each of Guam, American 
                        Samoa, the United States Virgin Islands, and 
                        the Commonwealth of the Northern Mariana 
                        Islands;
                    (C) of the amount remaining after the application 
                of subparagraphs (B) and (C), the Secretary shall 
                apportion among the States--
                            (i) one-third based on the ratio that the 
                        land area of each State bears to the total land 
                        area of all States; and
                            (ii) two-thirds based on the ratio that the 
                        population of each State bears to the total 
                        population of all States.
            (2) Adjustments.--The amounts apportioned under 
        subparagraph (C) of paragraph (1) for a fiscal year shall be 
        adjusted equitably so that no State is apportioned under such 
        subparagraph a sum that is--
                    (A) less than 1 percent of the amount available for 
                apportionment under that subparagraph that fiscal year; 
                or
                    (B) more than 5 percent of such amount.
    (c) Cost Sharing.--
            (1) Plan development grants.--The Federal share of the 
        costs of developing a comprehensive wildlife conservation plan 
        shall not exceed 75 percent of the total costs of developing 
        such plan.
            (2) Plan implementation grants.--The Federal share of the 
        costs of implementing an activity in an approved comprehensive 
        wildlife conservation plan carried out with a grant under this 
        section shall not exceed 50 percent of the total costs of such 
        activities.
            (3) Prohibition on use of federal funds.--The non-Federal 
        share of costs of an activity carried out under this section 
        shall not be paid with amounts derived from any Federal grant 
        program.
    (d) Requirement for Plan.--
            (1) In general.--No State, territory, or other jurisdiction 
        shall be eligible for a grant under this section unless it 
        submits to the Secretary a comprehensive wildlife conservation 
        plan that--
                    (A) complies with paragraph (2); and
                    (B) considers the broad range of the State, 
                territory, or other jurisdiction's wildlife and 
                associated habitats, with appropriate priority placed 
                on those species with the greatest conservation need 
                and taking into consideration the relative level of 
                funding available for the conservation of those 
                species.
            (2) Contents.--The comprehensive wildlife conservation plan 
        must contain--
                    (A) information on the distribution and abundance 
                of species of wildlife, including low and declining 
                populations as the State , territory, or other 
                jurisdiction's fish and wildlife agency considers 
                appropriate, that are indicative of the diversity and 
                health of the jurisdiction's wildlife;
                    (B) the location and relative condition of key 
                habitats and community types essential to conservation 
                of species identified in subparagraph (A);
                    (C) descriptions of problems which may adversely 
                affect species identified in subparagraph (A) or their 
                habitats, and priority research and survey efforts 
                needed to identify factors that may assist in 
                restoration and improved conservation of these species 
                and habitats;
                    (D) descriptions of conservation actions proposed 
                to conserve the identified species and habitats and 
                priorities for implementing such actions;
                    (E) proposed plans for monitoring species 
                identified in subparagraph (A) and their habitats, for 
                monitoring the effectiveness of the conservation 
                actions proposed in subparagraph (D), and for adapting 
                these conservation actions to respond appropriately to 
                new information or changing conditions;
                    (F) descriptions of procedures to review the 
                comprehensive wildlife conservation plan at intervals 
                not to exceed ten years;
                    (G) plans for coordinating the development, 
                implementation, review, and revision of the 
                comprehensive wildlife conservation plan with Federal, 
                State, and local agencies and Indian tribes that manage 
                significant land and water areas within the 
                jurisdiction or administer programs that significantly 
                affect the conservation of identified species and 
                habitats; and
                    (H) provisions for broad public participation as an 
                essential element of the development, revision, and 
                implementation of the comprehensive wildlife 
                conservation plan.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

                       Subtitle E--Miscellaneous

SEC. 461. CLIMATE CHANGE ADAPTABILITY INTRA-GOVERNMENTAL PANEL.

    (a) Establishment.--The Secretary of the Interior shall establish a 
Climate Change Adaptability Intra-Governmental Panel to address the 
impacts of climate change on Federal lands, the ocean environment, and 
the Federal water infrastructure under the jurisdiction of the 
Secretary. The panel shall include the agency heads from the following:
            (1) The Bureau of Land Management.
            (2) The National Park Service.
            (3) United States Geological Survey.
            (4) The Fish and Wildlife Service.
            (5) The Forest Service.
            (6) The National Oceanic and Atmospheric Administration.
            (7) The Bureau of Reclamation.
            (8) The Council on Environmental Quality.
    (b) Plan.--Not later than one year after the date of the enactment 
of this Act, the Secretary of the Interior shall submit a plan to 
Congress describing what each agency listed in subsection (a) shall do 
to accomplish the following:
            (1) Working in cooperation with the United States 
        Geological Survey, develop an intra-agency inventory and 
        Geographic Information System database of United States 
        ecosystems, water supplies, and water infrastructure vulnerable 
        to climate change.
            (2) Request that the United States Geological Survey 
        examine impacts of climate change on wildlife through the GAP 
        analysis program to develop better information land acquisition 
        strategies.
            (3) Manage land, water, and ocean resources during 
        prolonged periods of drought, changing hydrology, and in the 
        case of oceans, increasing ocean acidification.
            (4) Proactively address and mitigate the impacts of climate 
        change on key ecosystems that are critical wildlife habitat and 
        watersheds.
            (5) Develop consistent protocols to incorporate climate 
        change impacts in land and water management decisions across 
        land and water resources under the jurisdiction of those 
        agencies listed in subsection (a).
            (6) Incorporate the most current, peer-reviewed science on 
        climate change and the economic, social, and ecological impacts 
        of climate change into the decision making process of those 
        agencies listed in subsection (a).

SEC. 462. OCEAN POLICY AND GLOBAL WARMING PROGRAM.

    (a) In General.--There is authorized to be established an Ocean 
Policy and Global Warming Program to be administered by the Secretary 
of Commerce. The purpose of the program is to support coastal state and 
Federal agency efforts to--
            (1) plan for and mitigate the impacts to the marine and 
        coastal environment from global warming and the development of 
        offshore alternative energy resources; and
            (2) cooperate and collaborate to support improved and 
        enhanced ocean and coastal management in the United States.
    (b) Allocation of Funding.--Of the amounts made available for each 
fiscal year to carry out the program, the Secretary shall allocate, for 
the exclusive purpose of carrying out the activities specified in 
subsection (a)--
            (1) 40 percent to the National Oceanic and Atmospheric 
        Administration for allocation to coastal states based on the 
        formula established in subsection (c);
            (2) 40 percent to the National Oceanic and Atmospheric 
        Administration; and
            (3) 20 percent to support regional collaboratives intended 
        to improve and enhance ocean and coastal management and that 
        include Federal, State, and local entities.
    (c) Allocation of Funds.--Funds made available under subsection 
(b)(1) shall be allocated according to the formula established in 
regulation pursuant to section 306(c) of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1455(c)).
    (d) Intent of Congress to Supplement Annual Appropriations.--
Amounts appropriated under this section are intended by Congress to 
supplement, not detract from or replace, other annual appropriations 
for Federal agencies and coastal states receiving funding under this 
section.
    (e) Definition of Coastal State.--The term ``coastal state'' has 
the meaning it has in section 304(4) (c) of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1453(4)).

SEC. 463. PLANNING FOR CLIMATE CHANGE IN THE COASTAL ZONE.

    (a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.) is amended by adding at the end the following:

                  ``climate change resiliency planning

    ``Sec. 320.  (a) In General.--The Secretary shall establish 
consistent with the national policies set forth in section 303 a 
coastal climate change resiliency planning and response program to
            ``(1) provide assistance to coastal states to voluntarily 
        develop coastal climate change resiliency plans as amendments 
        to management programs approved under section 306, to prepare 
        for and reduce the negative consequences that may result from 
        climate change in the coastal zone; and
            ``(2) provide financial and technical assistance to enable 
        coastal states to implement plans developed pursuant to this 
        section through coastal states' enforceable policies.
    ``(b) Guidelines.--Within 180 days after the date of enactment of 
this section, the Secretary, in consultation with the coastal states, 
shall issue guidelines for the implementation of the grant program 
established under subsection (c).
    ``(c) Climate Change Resiliency Planning Grants.--
            ``(1) In general.--The Secretary, subject to the 
        availability of appropriations, may make a grant to any coastal 
        state for the purpose of developing climate change resiliency 
        plans pursuant to guidelines issued by the Secretary under 
        subsection (b).
            ``(2) Plan content.--A plan developed with a grant under 
        this section shall include the following:
                    ``(A) Identification of public facilities and 
                public services, coastal resources of national 
                significance, coastal waters, energy facilities, or 
                other water uses located in the coastal zone that are 
                likely to be impacted by climate change.
                    ``(B) Adaptive management strategies for land use 
                to address non-climate change stresses that inhibit the 
                ability of the coastal zone to respond or adapt to 
                changing environmental conditions, including strategies 
                to protect biodiversity and establish habitat buffer 
                zones, migration corridors, and climate refugia.
                    ``(C) Requirements to initiate and maintain long-
                term monitoring of environmental change to assess 
                coastal zone resiliency and to adjust when necessary 
                adaptive management strategies to attain the policies 
                under section 303.
            ``(3) Allocation.--Grants under this section shall be 
        available only to coastal states with management programs 
        approved by the Secretary under section 306 and shall be 
        allocated among such coastal states in a manner consistent with 
        regulations promulgated pursuant to section 306(c).
            ``(4) Priority.--In the awarding of grants under this 
        subsection the Secretary may give priority to any coastal state 
        that has received grant funding to develop program changes 
        pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of 
        section 309(a).
            ``(5) Technical assistance.--The Secretary may provide 
        technical assistance to a coastal state consistent with section 
        310 to ensure the timely development of plans supported by 
        grants awarded under this subsection.
            ``(6) Federal approval.--In order to be eligible for a 
        grant under subsection (d), a coastal state must have its plan 
        developed under this section approved by the Secretary under 
        regulations adopted pursuant to section 306(e).
    ``(d) Coastal Resiliancy Project Grants.--
            ``(1) In general.--The Secretary, subject to the 
        availability of appropriations, may make grants to any coastal 
        state that has a climate change resiliency plan approved under 
        subsection (c)(6), in order to support projects that implement 
        strategies contained within such plans.
            ``(2) Program requirements.--The Secretary within 90 days 
        after approval of the first plan approved under subsection 
        (c)(6), shall publish in the Federal Register requirements 
        regarding applications, eligible activities and all terms and 
        conditions for grants awarded under this subsection.
            ``(3) Eligible activites.--The Secretary may award grants 
        to coastal states to implement projects in the coastal zone to 
        address stress factors in order to improve coastal climate 
        change resiliency, including the following:
                    ``(A) Physical disturbances within the coastal 
                zone, especially activities related to public 
                facilities and public services, tourism, sedimentation, 
                and other factors negatively impacting coastal waters, 
                and fisheries-associated habitat destruction or 
                alteration.
                    ``(B) Monitoring, control, or eradication of 
                disease organisms and invasive species.
                    ``(C) Activities to address the loss, degradation 
                or fragmentation of wildlife habitat through projects 
                to establish marine and terrestrial habitat buffers, 
                wildlife refugia or networks thereof, and preservation 
                of migratory wildlife corridors and other transition 
                zones.
                    ``(D) Implementation of projects to reduce, 
                mitigate, or otherwise address likely impacts caused by 
                natural hazards in the coastal zone, including sea 
                level rise, coastal inundation, coastal erosion and 
                subsidence, severe weather events such as cyclonic 
                storms, tsunamis and other seismic threats, and 
                fluctuating Great Lake water levels.''.
    (b) Authorization of Appropriations.--Section 318(a) of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1464) is further amended by 
adding at the end the following:
            ``(4) for grants under section 320 (c) and (d), such sums 
        as are necessary.''.

SEC. 464. ENHANCING CLIMATE CHANGE PREDICTIONS.

    (a) Short Title.--This section may be cited as the ``National 
Integrated Coastal and Ocean Observation Act of 2007''.
    (b) Purposes.--The purposes of this section are the following:
            (1) Establish a National Integrated Coastal and Ocean 
        Observation System comprised of Federal and non-Federal 
        components, coordinated at the regional level by a network of 
        Regional Information Coordination Entities, that includes in 
        situ, remote, and other coastal and ocean observations, 
        technologies, and data management and communication systems, to 
        gather daily specific coastal and ocean data variables and to 
        ensure the timely dissemination and availability of usable 
        observation data to support national defense, marine commerce, 
        energy production, scientific research, ecosystem-based marine 
        and coastal resource management, and public safety and to 
        promote the general public welfare.
            (2) Improve the Nation's capability to measure, track, 
        explain, and predict events related directly and indirectly to 
        climate change, natural climate variability, and interactions 
        between the oceanic and atmospheric environments, including the 
        Great Lakes.
            (3) Authorize activities to promote basic and applied 
        research to develop, test, and deploy innovations and 
        improvements in coastal and ocean observation technologies, 
        modeling systems, and other scientific and technological 
        capabilities to improve our conceptual understanding of global 
        climate change and physical, chemical, and biological dynamics 
        of the ocean and coastal and Great Lakes environments.
            (4) Institutionalize coordinated programs of public 
        outreach, education, and training--
                    (A) to enhance public understanding of the ocean, 
                coastal and Great Lakes environment, the influence and 
                effects of global climate change on the coastal and 
                ocean environment; and
                    (B) to promote greater public awareness and 
                stewardship of the Nation's ocean, coastal, and Great 
                Lakes resources.
    (c) Definitions.--In this section:
            (1) Council.--The term ``Council'' means the National Ocean 
        Research Leadership Council referred to in section 7902 of 
        title 10, United States Code.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (3) Federal assets.--The term ``Federal assets'' means all 
        relevant non-classified civilian coastal and ocean 
        observations, technologies, and related modeling, research, 
        data management, basic and applied technology research and 
        development, and public education and outreach programs, that 
        are managed by member agencies of the Council.
            (4) Non-federal assets.--The term ``non-Federal assets'' 
        means all relevant coastal and ocean observations, 
        technologies, related basic and applied technology research and 
        development, and public education and outreach programs managed 
        through States, regional organizations, universities, 
        nongovernmental organizations, or the private sector.
            (5) Regional information coordination entities.--
                    (A) In general.--The term ``Regional Information 
                Coordination Entity'', subject to subparagraphs (B) and 
                (C), means an organizational body that is certified or 
                established by the lead Federal agency designated in 
                subsection (d)(3)(C)(iii) and coordinating State, 
                Federal, local, and private interests at a regional 
                level with the responsibility of engaging the private 
                and public sectors in designing, operating, and 
                improving regional coastal and ocean observing systems 
                in order to ensure the provision of data and 
                information that meet the needs of user groups from the 
                respective regions.
                    (B) Included associations.--Such term includes 
                Regional Associations as described by the System Plan.
                    (C) Limitation.--Nothing in this section shall be 
                construed to invalidate existing certifications, 
                contracts, or agreements between Regional Associations 
                and other elements of the System.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (7) System.--The term ``System'' means the National 
        Integrated Coastal and Ocean Observation System established 
        under subsection (d).
            (8) System plan.--The term ``System Plan'' means the plan 
        contained in the document entitled ``Ocean.US publication #9, 
        The First Integrated Ocean Observing System (IOOS) Development 
        Plan''.
            (9) Interagency working group.--The term ``Interagency 
        Working Group'' means the Interagency Working Group on Ocean 
        Observations as established by the U.S. Ocean Policy Committee 
        Subcommittee on Ocean Science and Technology pursuant to 
        Executive Order 13366 signed December 17, 2004.
    (d) National Integrated Coastal and Ocean Observing System.--
            (1) Establishment.--The President, acting through the 
        Council, shall establish a National Integrated Coastal and 
        Ocean Observation System to fulfill the purposes set forth in 
        subsection (b) and the System plan and to fulfill the Nation's 
        international obligations to contribute to the global earth 
        observation system of systems and the global ocean observing 
        system.
            (2) Support of purposes.--The head of each agency that is a 
        member of the Interagency Working Group shall support the 
        purposes of this section.
            (3) Availability of data.--The head of each Federal agency 
        that has administrative jurisdiction over a Federal asset shall 
        make available data that are produced by that asset and that 
        are not otherwise restricted for integration, management, and 
        dissemination by the System.
            (4) Enhancing administration and management.--The head of 
        each Federal agency that has administrative jurisdiction over a 
        Federal asset may take appropriate actions to enhance internal 
        agency administration and management to better support, 
        integrate, finance, and utilize observation data, products, and 
        services developed under this section to further its own agency 
        mission and responsibilities.
            (5) Participation in regional information coordination 
        entity.--The head of each Federal agency that has 
        administrative jurisdiction over a Federal asset may 
        participate in regional information coordination entity 
        activities.
            (6) Non-federal assets.--Non-Federal assets shall be 
        coordinated by the Interagency Working Group or by Regional 
        Information Coordination Entities.
    (e) Policy Oversight, Administration, and Regional Coordination.--
            (1) National ocean research leadership council.--The 
        National Ocean Research Leadership Council shall be responsible 
        for establishing broad coordination and long-term operations 
        plans, policies, protocols, and standards for the System 
        consistent with the policies, goals, and objectives contained 
        in the System Plan, and coordination of the System with other 
        earth observing activities.
            (2) Interagency working group.--The Interagency Working 
        Group shall, with respect to the System, be responsible for--
                    (A) implementation of operations plans and policies 
                developed by the Council;
                    (B) development of an annual coordinated, 
                comprehensive System budget;
                    (C) identification of gaps in observation coverage 
                or needs for capital improvements of both Federal 
                assets and non-Federal assets;
                    (D) establishment of data management and 
                communication protocols and standards;
                    (E) establishment of required observation data 
                variables;
                    (F) development of certification standards for all 
                non-Federal assets or Regional Information Coordination 
                Entities to be eligible for integration into the 
                System; and
                    (G) periodically review and recommned to the 
                Council revisions to the System plan.
            (3) Lead federal agency.--The Secretary, acting through the 
        Administrator, shall function as the lead Federal agency for 
        the System. The Secretary, through the Administrator, may 
        establish an Interagency Program Coordinating Office to 
        facilitate the Secretary's responsibilities as the lead Federal 
        agency for System oversight and management. The Administrator 
        shall--
                    (A) implement policies, protocols, and standards 
                established by the Council and delegated by the 
                Interagency Working Group;
                    (B) promulgate regulations to integrate the 
                participation of non-Federal assets into the System and 
                enter into and oversee contracts and agreements with 
                Regional Information Coordination Entities to effect 
                this purpose;
                    (C) implement a competitive funding process for the 
                purpose of assigning contracts and agreements to 
                Regional Information Coordination Entities;
                    (D) certify or establish Regional Information 
                Coordination Entities to coordinate State, Federal, 
                local, and private interests at a regional level with 
                the responsibility of engaging private and public 
                sectors in designing, operating, and improving regional 
                coastal and ocean observing systems in order to ensure 
                the provision of data and information that meet the 
                needs of user groups from the respective regions;
                    (E) formulate a process by which gaps in 
                observation coverage or needs for capital improvements 
                of Federal assets and non-Federal assets of the System 
                can be identified by the Regional Information 
                Coordination Entities, the Administrator, or other 
                members of the System and transmitted to the 
                Interagency Working Group;
                    (F) be responsible for the coordination, storage, 
                management, and communication of observation data 
                gathered through the System to all end-user 
                communities;
                    (G) subject to the availability of appropriations 
                and pursuant to procedures adopted by the Administrator 
                after consultation with the working group and the 
                system advisory panel, implement a competitive matching 
                grant or other grant program to promote research and 
                development of innovative and new observation 
                technologies, including testing and field trials;
                    (H) implement a program of public education and 
                outreach to improve public awareness of global climate 
                change and effects on the ocean, coastal, and Great 
                Lakes environment; and
                    (I) report annually to the Council through the 
                Interagency Working Group on the accomplishments, 
                operational needs, and performance of the System to 
                achieve the purposes of this Act and the System plan.
            (4) Regional information coordination entity.--To be 
        certified or established under paragraph (3)(D), a Regional 
        Information Coordination Entity must be certified or 
        established by contract or agreement by the Administrator, and 
        must agree to--
                    (A) gather required System observation data and 
                other requirements specified under this section and the 
                System plan;
                    (B) identify gaps in observation coverage or needs 
                for capital improvements of Federal assets and non-
                Federal assets of the System, and transmit such 
                information to the Interagency Working Group via the 
                Administrator;
                    (C) demonstrate an organizational structure and 
                strategic operational plan to ensure the efficient and 
                effective administration of programs and assets to 
                support daily data observations for integration into 
                the System;
                    (D) comply with all financial oversight 
                requirements established by the Administrator, 
                including requirements relating to audits; and
                    (E) demonstrate a capability to work with other 
                governmental and nongovernmental entities at all levels 
                to identify and provide information products of the 
                System for multiple users within the service area of 
                the Regional Information Coordination Entities and 
                otherwise.
            (5) System advisory panel.--The Secretary, through the 
        Administrator, may establish and appoint an advisory panel to 
        advise the Council on the operations, management, and needs of 
        the System. The appointment of this panel shall be done in 
        consultation with the Interagency Working Group. Panel 
        membership shall be broadly representative of all stakeholders 
        and the user community of the System.
            (6) Civil liability.--For purposes of determining liability 
        arising from the dissemination and use of observation data 
        gathered pursuant to this section, any non-Federal asset or 
        Regional Information Coordination Entity that is certified 
        under paragraph (3)(D) and that is participating in the System 
        shall be considered to be part of the National Oceanic and 
        Atmospheric Administration. Any employee of such a non-Federal 
        asset or Regional Information Coordination Entity, while 
        operating within the scope of his or her employment in carrying 
        out the purposes of this section, with respect to tort 
        liability, is deemed to be an employee of the Federal 
        Government.
    (f) Interagency Financing, Grants, Contracts, and Agreements.--
            (1) In general.--The member departments and agencies of the 
        Council, subject to the availability of appropriations, may 
        participate in interagency financing and share, transfer, 
        receive, obligate, and expend funds appropriated to any member 
        agency for the purposes of carrying out any administrative or 
        programmatic project or activity to further the purposes of 
        this section, including support for the Interagency Working 
        Group, the Interagency Coordinating Program Office, a common 
        infrastructure, and integration to expand or otherwise enhance 
        the System.
            (2) Joint centers and agreements.--Member Departments and 
        agencies of the Council shall have the authority to create, 
        support, and maintain joint centers, and to enter into and 
        perform such contracts, leases, grants, cooperative agreements, 
        or other transactions as may be necessary to carry out the 
        purposes of this section and fulfillment of the System Plan.
    (g) Application With Other Laws.--Nothing in this section 
supersedes or limits the authority of any agency to carry out its 
responsibilities and missions under other laws.
    (h) Report to Congress.--Two years after the date of enactment of 
this Act, and biennially thereafter, the Secretary through the Council 
shall submit to the Congress a report on the performance of the System, 
achievement of the purposes and objectives of this section and the 
System plan, and recommendations for operational improvements to 
enhance the efficiency, accuracy, and overall capability of the System.

SEC. 465. NOAA REPORT ON CLIMATE CHANGE EFFECTS; PREPARATION 
              ASSISTANCE.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended by adding at the end the following:

                 ``report on effects of climate change

    ``Sec. 320.  (a) In General.--The Secretary shall report to the 
Congress not later than 2 years after the date of enactment of this 
section, and every 5 years thereafter, on the possible and projected 
impacts of climate change on--
            ``(1) oceanic and coastal ecosystems, including marine fish 
        and wildlife and their habitat, and the commercial and 
        recreational fisheries and tourism industries associated with 
        them; and
            ``(2) coastal communities, including private residential 
        and commercial development and public infrastructure in the 
        coastal zone.
    ``(b) Contents.--Each report under this section shall include 
information regarding--
            ``(1) the impacts that may be due to climate change that 
        have occurred as of the date of the submission of the report; 
        and
            ``(2) the projected future impacts of climate change.
    ``(c) Impacts.--The impacts reported on under subsection (b) shall 
include any--
            ``(1) increases in sea level;
            ``(2) increases in storm activity and intensity;
            ``(3) increases in floods, droughts, and other extremes of 
        weather;
            ``(4) increases in the temperature of the air and the water 
        on oceanic and coastal ecosystems, with a particular focus on 
        vulnerable fisheries and ecosystems; and
            ``(5) changes in the acidity of the ocean surface 
        associated with an increase in concentration of carbon dioxide 
        in the atmosphere.''.
                                 <all>