[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2355 Reported in Senate (RS)]

                                                       Calendar No. 769
110th CONGRESS
  2d Session
                                S. 2355

                          [Report No. 110-347]

To amend the National Climate Program Act to enhance the ability of the 
   United States to develop and implement climate change adaptation 
             programs and policies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2007

     Ms. Cantwell (for herself, Mr. Kerry, Ms. Klobuchar, and Mr. 
  Lautenberg) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                              June 5, 2008

 Reported by Mr. Inouye, with amendments and an amendment to the title
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the National Climate Program Act to enhance the ability of the 
   United States to develop and implement climate change adaptation 
             programs and policies, 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 ``Climate Change Adaptation Act''.

<DELETED>SEC. 2. AMENDMENT OF NATIONAL CLIMATE PROGRAM ACT.</DELETED>

<DELETED>    Except as otherwise expressly provided, whenever in this 
title an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the National 
Climate Program Act (15 U.S.C. 2901 et seq.).</DELETED>

SEC. 2. AMENDMENT OF NATIONAL CLIMATE SERVICE ACT OF 2007.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the National Climate Service 
Act of 2007 (15 U.S.C. 2901 et seq.).

SEC. 3. FINDINGS.

<DELETED>    Section 2 (15 U.S.C. 2601) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 2. FINDINGS.</DELETED>

<DELETED>    ``The Congress finds that--</DELETED>
        <DELETED>    ``(1) climate change and related hazards affect 
        public safety, environmental services and security, human 
        health, agriculture, energy use, water resources, and other 
        factors vital to national security and human welfare;</DELETED>
        <DELETED>    ``(2) the present rate of advance of national 
        efforts in research and development and the application of such 
        advances is inadequate to meet the challenges posed by observed 
        and projected rates of climate change and the increasing demand 
        for information to guide planning and response across all 
        sectors;</DELETED>
        <DELETED>    ``(3) the United States lacks adequate research, 
        infrastructure, and coordinated outreach and communication 
        mechanisms to meet national climate monitoring, prediction, and 
        decision support needs for adapting to and mitigating the 
        impacts of climate change and climate variability;</DELETED>
        <DELETED>    ``(4) information regarding climate change and 
        climate variability is not being fully disseminated or used, 
        and Federal efforts have given insufficient attention to 
        assessing and applying this information;</DELETED>
        <DELETED>    ``(5) climate change and climate variability occur 
        on a global basis making international cooperation essential 
        for the purpose of sharing the benefits and costs of a global 
        effort to understand and communicate these changes;</DELETED>
    Section 2 (15 U.S.C. 2601) is amended by adding at the end thereof 
the following:
            ``(6) <DELETED>recent </DELETED>Recent scientific reports 
        by the Intergovernmental Panel on Climate Change conclusively 
        found that climate change is occurring, and that impacts from 
        climate change can be expected in even shorter time periods 
        than had been previously <DELETED>predicted; 
        </DELETED>predicted.
            ``(7) <DELETED>the </DELETED>The Panel found that the 
        resilience of many ecosystems is likely to be exceeded this 
        century by an unprecedented combination of climate change, 
        associated disturbances such as flooding and drought, and other 
        global change drivers such as land-use <DELETED>change; 
        </DELETED>change.
            ``(8) <DELETED>according </DELETED>According to the Panel, 
        approximately 20 to 30 percent of plant and animal species 
        assessed so far are likely to be at increased risk of 
        extinction if increases in global average temperature exceed 
        1.5 to 2.5 degrees <DELETED>Celsius; </DELETED>Celsius.
            ``(9) <DELETED>the </DELETED>The Panel also found that the 
        progressive acidification of oceans due to increasing 
        atmospheric carbon dioxide is expected to have negative impacts 
        on marine shell-forming organisms, such as corals, and their 
        dependent <DELETED>species; </DELETED>species.
            ``(10) <DELETED>the </DELETED>The Panel found that coasts 
        will be exposed to increasing risks, including coastal erosion, 
        over coming decades due to climate change and sea-level rise, 
        and that adaptation costs for vulnerable coasts are much less 
        than the costs of <DELETED>inaction; </DELETED>inaction.
            ``(11) <DELETED>in </DELETED>In its September, 2007, study 
        entitled Evaluating Progress of the U.S. Climate Change Science 
        Program: Methods and Preliminary Results, the National Academy 
        of Sciences concluded that there is a tremendous need to 
        improve the delivery of information to decision makers at the 
        Federal, regional, and local levels on climate change impacts 
        and to take such impacts into account in planning and in 
        managing <DELETED>resources; </DELETED>resources.
            ``(12) States and local communities may need Federal 
        assistance in developing and implementing strategies to address 
        the impacts of climate <DELETED>change; </DELETED>change.
            ``(13) <DELETED>in </DELETED>In its August, 2007, report 
        entitled Climate Change: Agencies Should Develop Guidance for 
        Addressing the Effects on Federal Land and Water Resources, 
        GAO-07-863, the Government Accountability Office found that the 
        Federal Government is not providing the National Oceanic and 
        Atmospheric Administration and other Federal agencies that are 
        responsible for managing natural resources with the proper 
        tools or policy mandates to take the impacts of climate change 
        into account in carrying out their responsibilities to manage 
        public <DELETED>resources; </DELETED>resources.
            ``(14) <DELETED>the </DELETED>The National Oceanic and 
        Atmospheric Administration, which plays a leading role in the 
        Federal Government's Global Change Research Program, has a key 
        role to play both in predicting impacts of climate change on 
        natural resources and in improving data sharing and archiving 
        of climate change research results to facilitate the delivery 
        of information critical to adaptation and management to end 
        <DELETED>users; and </DELETED>users.
            ``(15) <DELETED>the </DELETED>The National Oceanic and 
        Atmospheric Administration has a key role to play in addressing 
        the impacts of climate change on our Nation's coastal areas and 
        ocean resources.''.

SEC. 4. DEFINITIONS.

<DELETED>    Section 4 (15 U.S.C. 2903) is amended by striking 
paragraphs (1) and (2) and redesignating paragraphs (3) and (4) as 
paragraphs (1) and (2).</DELETED>
    Section 4 (15 U.S.C. 2903) is amended--
            (1) by redesignating paragraphs (4) through (8) as 
        paragraphs (5) through (9), respectively; and
            (2) by inserting before paragraph (5), as redesignated, the 
        following:
            ``(4) Coastal state.--The term `coastal state' has the 
        meaning given that term by section 304((4) of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453(4)).''.

SEC. 5. NATIONAL CLIMATE PROGRAM ELEMENTS.

<DELETED>    Section 5 (15 U.S.C. 2904) is amended--</DELETED>
        <DELETED>    (1) by striking ``subsection (d)(9);'' in 
        subsection (b)(1) and inserting ``section 6;'';</DELETED>
        <DELETED>    (2) by striking subsections (c), (e), (f), and 
        (g); and</DELETED>
        <DELETED>    (3) by striking subsection (d) and inserting the 
        following:</DELETED>
<DELETED>    ``(c) Program Elements.--</DELETED>
        <DELETED>    ``(1) In general.--The Program shall include--
        </DELETED>
        <DELETED>    ``(1) a strategic plan to address the impacts of 
        climate change within the United States; and</DELETED>
        <DELETED>    ``(2) a National Climate Service to be established 
        within the National Oceanic and Atmospheric 
        Administration.''.</DELETED>
    Section 5 (15 U.S.C. 2904) is amended to read as follows:

``SEC. 5. NATIONAL CLIMATE PROGRAM.

    ``(a) Establishment.--There is hereby established a National 
Climate Program in accordance with the findings and purposes of this 
Act.
    ``(b) Program Elements.--
            ``(1) In general.--The Program shall include--
            ``(1) a strategic planning process to address the impacts 
        of climate change within the United States; and
            ``(2) a National Climate Service to be established within 
        the National Oceanic and Atmospheric Administration.
    ``(c) Duties.--The President shall--
            ``(1) develop the 5-year plans described in section 9;
            ``(2) define the roles in the Program of Federal officers, 
        departments, and agencies, including the Departments of 
        Agriculture, Commerce, Defense, Energy, Interior, State, and 
        Transportation; the Environmental Protection Agency; the 
        National Aeronautics and Space Administration; the Council on 
        Environmental Quality; the National Science Foundation; and the 
        Office of Science and Technology Policy; and
            ``(3) provide for Program coordination.''.

<DELETED>SEC. 6. NATIONAL CLIMATE STRATEGY.</DELETED>

<DELETED>    The Act is amended by striking sections 6 through 9 (15 
U.S.C. 2905 et seq.) and inserting the following:</DELETED>

<DELETED>``SEC. 6. NATIONAL STRATEGIC PLAN FOR CLIMATE CHANGE 
              ADAPTATION.</DELETED>

<DELETED>    ``(a) In General.--Not later than 2 years after the date 
of enactment of the Climate Change Adaptation Act, the President shall 
provide to the Congress a 5-year national strategic plan to address the 
impacts of climate change within the United States, to implement such 
strategy for federally-managed resources and actions, and to provide 
information to and coordinate with State and local governments and 
nongovernmental entities to support similar efforts with respect to 
non-Federal natural resources. The President shall provide a mechanism 
for consulting with States and local governments, the private sector, 
universities, and other nongovernmental entities in developing the 
plan. The plan shall be updated at least every 5 years.</DELETED>
<DELETED>    ``(b) Contents of Plan.--The plan shall, at a minimum--
</DELETED>
        <DELETED>    ``(1) identify existing Federal requirements, 
        protocols, and capabilities for addressing climate change 
        impacts on federally managed resources and actions;</DELETED>
        <DELETED>    ``(2) identify measures to improve such 
        capabilities and the utilization of such 
        capabilities;</DELETED>
        <DELETED>    ``(3) include protocols to integrate climate 
        change impacts into Federal agency actions and policies, 
        consistent with existing authorities;</DELETED>
        <DELETED>    ``(4) address vulnerabilities and priorities 
        identified through the assessments carried out under the Global 
        Change Research Act of 1990 and this Act;</DELETED>
        <DELETED>    ``(5) establish a mechanism for the exchange of 
        information related to addressing the impacts of climate change 
        with, and provide technical assistance to, State and local 
        governments and nongovernmental entities;</DELETED>
        <DELETED>    ``(6) develop partnerships with State and local 
        governments and nongovernmental entities to support and 
        coordinate implementation of the plan;</DELETED>
        <DELETED>    ``(7) include implementation and funding 
        strategies for short-term and long-term actions that may be 
        taken at the national, regional, State, and local 
        level;</DELETED>
        <DELETED>    ``(8) establish a process to develop more detailed 
        agency and department-specific plans;</DELETED>
        <DELETED>    ``(9) identify opportunities to utilize remote 
        sensing and other geospatial technologies to improve planning 
        for adaptation to climate change impacts; and</DELETED>
        <DELETED>    ``(10) identify existing legal authorities and 
        additional authorities necessary to implement the 
        plan.</DELETED>
<DELETED>    ``(c) Agency-level Strategies.--</DELETED>
        <DELETED>    ``(1) Agency plans.--Each department and agency of 
        the Executive Branch shall develop a detailed plan, based on 
        the national plan, for addressing climate change impacts with 
        respect to such department or agencies policies and actions, 
        within 1 year after the date that the plan is submitted under 
        subsection (b) and provide such plan to Congress.</DELETED>
        <DELETED>    ``(2) Interim activities.--Nothing in this section 
        shall be understood to prevent any Federal agency or department 
        to take climate change impacts into account, consistent with 
        its existing authorities, until the plans are provided to 
        Congress and steps to implement such plans are taken.</DELETED>
<DELETED>    ``(d) Coordination.--The President shall ensure that the 
mechanism to provide information related to addressing the impacts of 
climate change to State and local governments and nongovernmental 
entities is appropriately coordinated or integrated with existing 
programs that provide similar information on climate change 
predictions.</DELETED>
<DELETED>    ``(e) Relationship to Other Authorities.--Nothing in this 
section shall supersede any Federal authority in effect on the date of 
enactment of the Climate Change Adaptation Act.</DELETED>
<DELETED>    ``(f) Authorization of Appropriations.--There are 
authorized to be appropriated for each of fiscal years 2009 through 
2013 $10,000,000 to carry out this section.</DELETED>

<DELETED>``SEC. 7. OCEAN AND COASTAL VULNERABILITY AND 
              ADAPTATION.</DELETED>

<DELETED>    ``(a) Coastal and Ocean Vulnerability.--</DELETED>
        <DELETED>    ``(1) In general.--Within 2 years after the date 
        of enactment of the Climate Change Adaptation Act, the 
        Secretary of Commerce shall, in consultation with the 
        appropriate Federal, State, and local governmental entities, 
        conduct regional assessments of the vulnerability of coastal 
        and ocean areas and resources to hazards associated with 
        climate change, climate variability, and ocean acidification 
        including--</DELETED>
                <DELETED>    ``(A) sea level rise;</DELETED>
                <DELETED>    ``(B) fluctuation of Great Lakes water 
                levels;</DELETED>
                <DELETED>    ``(C) increases in severe weather 
                events;</DELETED>
                <DELETED>    ``(D) storm surge;</DELETED>
                <DELETED>    ``(E) rainfall;</DELETED>
                <DELETED>    ``(F) flooding and inundation;</DELETED>
                <DELETED>    ``(G) changes in sea ice;</DELETED>
                <DELETED>    ``(H) changes in ocean currents impacting 
                global heat transfer;</DELETED>
                <DELETED>    ``(I) increased siltation due to coastal 
                erosion;</DELETED>
                <DELETED>    ``(J) shifts in the hydrological 
                cycle;</DELETED>
                <DELETED>    ``(K) natural hazards, including tsunami, 
                drought, flood, and fire;</DELETED>
                <DELETED>    ``(L) coral reef bleaching; and</DELETED>
                <DELETED>    ``(M) alteration of ecological 
                communities, including at the ecosystem or watershed 
                levels,</DELETED>
        <DELETED>    ``(2) Updates.--The Secretary shall update such 
        assessments at least once every 5 years.</DELETED>
        <DELETED>    ``(3) Regional coastal and ocean assessments.--In 
        preparing the regional coastal assessments, the Secretary shall 
        take into account the information and assessments being 
        developed pursuant to the Global Change Research Program. The 
        regional assessments shall include an evaluation of--</DELETED>
                <DELETED>    ``(A) physical, biological, and ecological 
                impacts, such as coastal erosion, flooding and loss of 
                estuarine habitat, saltwater intrusion of aquifers and 
                saltwater encroachment, impacts on food web 
                distribution, species migration, species abundance, and 
                changes in marine pathogens and diseases;</DELETED>
                <DELETED>    ``(B) social impacts associated with 
                threats to and potential losses of housing, 
                communities, and infrastructure; and</DELETED>
                <DELETED>    ``(C) economic impacts on local, State, 
                and regional economies, including the impact on 
                abundance or distribution of economically important 
                living marine resources.</DELETED>
<DELETED>    ``(b) Coastal and Ocean Adaptation Plan.--The Secretary 
shall, within 3 years after the date of enactment of the Climate Change 
Adaptation Act, submit to the Congress a national coastal and ocean 
adaptation plan, composed of individual regional adaptation plans that 
recommend targets and strategies to address coastal and ocean impacts 
associated with climate change, ocean acidification, sea level rise, 
and climate variability. The plan shall be developed with the 
participation of other Federal, State, and local government agencies 
that will be critical in the implementation of the plan at the State 
and local levels and shall take into account recommendations of the 
National Science Board in its January 12, 2007, report entitled 
Hurricane Warning: The Critical Need for a National Hurricane Research 
Initiative and other relevant studies, and not duplicate existing 
Federal and State hazard planning requirements. The Plan shall 
recommend both short- and long-term adaptation strategies and shall 
include recommendations regarding--</DELETED>
        <DELETED>    ``(1) Federal flood insurance program 
        modifications;</DELETED>
        <DELETED>    ``(2) areas that have been identified as high risk 
        through mapping and assessment;</DELETED>
        <DELETED>    ``(3) mitigation incentives such as rolling 
        easements, strategic retreat, State or Federal acquisition in 
        fee simple or other interest in land, construction standards, 
        and zoning;</DELETED>
        <DELETED>    ``(4) land and property owner education;</DELETED>
        <DELETED>    ``(5) economic planning for small communities 
        dependent upon affected coastal and ocean resources, including 
        fisheries;</DELETED>
        <DELETED>    ``(6) coastal hazards protocols to reduce the risk 
        of damage to lives and property, and a process for evaluating 
        the implementation of such protocols;</DELETED>
        <DELETED>    ``(7) strategies to address impacts on the most 
        vulnerable living marine resources;</DELETED>
        <DELETED>    ``(8) proposals to integrate measures into the 
        actions and policies of the National Oceanic and Atmospheric 
        Administration;</DELETED>
        <DELETED>    ``(9) a plan for additional research and 
        development of technologies and capabilities to address such 
        impacts;</DELETED>
        <DELETED>    ``(10) plans to pursue bilateral and multilateral 
        agreements necessary to effectively address such 
        impacts;</DELETED>
        <DELETED>    ``(11) partnerships with States and 
        nongovernmental organizations;</DELETED>
        <DELETED>    ``(12) methods to mitigate the impacts identified, 
        including habitat restoration measures; and</DELETED>
        <DELETED>    ``(13) funding requirements and 
        mechanisms.</DELETED>
<DELETED>    ``(c) Technical Planning Assistance.--The Secretary, 
through the National Oceanic and Atmospheric Administration, shall 
establish a coordinated program to provide technical planning 
assistance and products to coastal States and local governments as they 
develop and implement adaptation or mitigation strategies and plans. 
Products, information, tools and technical expertise generated from the 
development of the regional coastal and ocean assessments and the 
coastal and ocean adaptation plans will be made available to coastal 
States for the purposes of developing their own State and local 
plans.</DELETED>
<DELETED>    ``(d) Coastal and Ocean Adaptation Grants.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall provide 
        grants of financial assistance to coastal States with federally 
        approved coastal zone management programs to develop and begin 
        implementing coastal and ocean adaptation programs.</DELETED>
        <DELETED>    ``(2) Allocation of funds.--The Secretary shall 
        distribute grant funds under paragraph (1) among coastal States 
        in accordance with the formula established under section 306(c) 
        of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(c)), 
        adjusted in consultation with the States as necessary to 
        provide assistance to particularly vulnerable 
        coastlines.</DELETED>
        <DELETED>    ``(3) Matching requirement.--The Secretary shall 
        make grants under paragraph (1) on a matching basis under which 
        the ratio of Federal to State funds is--</DELETED>
                <DELETED>    ``(A) 4 to 1 in the first fiscal 
                year;</DELETED>
                <DELETED>    ``(B) 2.3 to 1 in the second fiscal 
                year;</DELETED>
                <DELETED>    ``(C) 2 to 1 in the third fiscal year; 
                and</DELETED>
                <DELETED>    ``(D) 1 to 1 thereafter.</DELETED>
<DELETED>    ``(e) Authorization of Appropriations.--There are 
authorized to be appropriated to the Under Secretary of Commerce for 
Oceans and Atmosphere $35,000,000 for each of fiscal years 2009 through 
2013 to carry out the provisions of this section, of which $25,000,000 
shall be available for grants under subsection (d) for each of such 
fiscal years. Not more than 75 percent of the amount available for 
grants under subsection (d) for any fiscal year may be used for grants 
relating to coastal impacts.''.</DELETED>

SEC. 6. NATIONAL CLIMATE STRATEGY.

    The Act is amended--
            (1) by redesignating section 9 as section 11; and
            (2) by inserting after section 8 the following:

``SEC. 9. NATIONAL STRATEGIC PLAN FOR CLIMATE CHANGE ADAPTATION.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of the Climate Change Adaptation Act, the President shall 
provide to the Congress a 5-year national strategic plan to address the 
impacts of climate change within the United States. The President shall 
provide a mechanism for consulting with States and local governments, 
the private sector, universities, and other nongovernmental entities in 
developing the plan. The plan shall be updated at least every 5 years.
    ``(b) Contents of Plan.--The plan shall, at a minimum--
            ``(1) identify existing Federal requirements, protocols, 
        and capabilities for addressing climate change impacts on 
        federally managed resources and with respect to Federal actions 
        and policies;
            ``(2) identify measures to improve such capabilities and 
        the utilization of such capabilities;
            ``(3) include guidance for integrating the consideration of 
        the impacts of climate change on Federally-managed resources, 
        and in Federal actions and policies, consistent with existing 
        authorities;
            ``(4) address vulnerabilities and priorities identified 
        through the assessments carried out under the Global Change 
        Research Act of 1990 and this Act;
            ``(5) establish a mechanism for the exchange of information 
        related to addressing the impacts of climate change with, and 
        provide technical assistance to, State and local governments 
        and nongovernmental entities;
            ``(6) recommend specific partnerships with State and local 
        governments and nongovernmental entities to support and 
        coordinate implementation of the plan;
            ``(7) include implementation and funding strategies for 
        short-term and long-term actions that may be taken at the 
        national, regional, State, and local level, taking into account 
        existing planning and other requirements;
            ``(8) establish a process to develop more detailed agency 
        and department-specific plans;
            ``(9) identify opportunities to utilize observations from 
        both ground-based and remote sensing platforms and other 
        geospatial technologies to improve planning for adaptation to 
        climate change impacts;
            ``(10) identify existing legal authorities and additional 
        authorities necessary to implement the plan;
            ``(11) identify existing high resolution elevation data and 
        bathymetric data and develop a prioritized plan for filling 
        existing gaps; and
            ``(12) include appropriate steps for partnerships with 
        international organizations and foreign governments on 
        international activities to address climate change impacts, 
        including the sharing of technical assistance and capacity-
        building expertise.
    ``(c) Interim activities.--Nothing in this section shall be 
understood to prevent any Federal agency or department to take climate 
change impacts into account, consistent with its existing authorities, 
until the requirements of this section are implemented. Federal 
agencies are presently encouraged to take climate change into account 
under all existing relevant authorities to the maximum extent 
practicable and consistent with those authorities.
    ``(d) Coordination.--The President shall ensure that the mechanism 
to provide information related to addressing the impacts of climate 
change to State and local governments and nongovernmental entities is 
appropriately coordinated or integrated with existing programs that 
provide similar information on climate change predictions.
    ``(e) Relationship to Other Authorities.--Nothing in this section 
shall supersede any Federal authority in effect on the date of 
enactment of the Climate Change Adaptation Act or create any new legal 
right of action.

``SEC. 10. OCEAN AND COASTAL VULNERABILITY AND ADAPTATION.

    ``(a) Coastal and Ocean Vulnerability.--
            ``(1) In general.--Within 2 years after the date of 
        enactment of the Climate Change Adaptation Act, the Secretary 
        of Commerce shall, in consultation with the appropriate 
        Federal, State, and local governmental entities, coordinate and 
        support regional assessments of the vulnerability of coastal 
        and ocean areas and resources, including living marine 
        resources, to hazards associated with climate change, and ocean 
        acidification including--
                    ``(A) variations in sea level including long-term 
                sea level rise;
                    ``(B) fluctuation of Great Lakes water levels;
                    ``(C) increases in severe weather events;
                    ``(D) natural hazards and events including storm 
                surge, precipitation, flooding, inundation, drought, 
                and fires;
                    ``(E) changes in sea ice;
                    ``(F) changes in ocean currents impacting global 
                heat transfer;
                    ``(G) increased siltation due to coastal erosion;
                    ``(H) shifts in the hydrological cycle; and
                    ``(I) alteration of ecological communities, 
                including at the ecosystem or watershed levels.
            ``(2) Factors.--In preparing the regional coastal 
        assessments, the Secretary shall take into account the 
        information and assessments being developed pursuant to the 
        Global Change Research Program. The regional assessments shall 
        include an evaluation of--
                    ``(A) observed and projected physical, biological, 
                and ecological impacts, such as coastal erosion, 
                flooding and loss of estuarine habitat, saltwater 
                intrusion of aquifers and saltwater encroachment, coral 
                reef bleaching, impacts on food web distribution, 
                impacts on marine habitat and ecosystem productivity, 
                species migration, species abundance and distribution, 
                and changes in marine pathogens and diseases;
                    ``(B) social and cultural impacts associated with 
                threats to and potential losses of housing, 
                communities, recreational opportunities, aesthetic 
                values, and infrastructure; and
                    ``(C) economic impacts on local, State, and 
                regional economies, including the impact on abundance 
                or distribution of economically important living marine 
                resources.
            ``(3) Updates.--The Secretary shall update such assessments 
        at least once every 5 years.
    ``(b) Coastal and Ocean Adaptation Plan.--The Secretary shall, 
within 3 years after the date of enactment of the Climate Change 
Adaptation Act, submit to the Congress an agency-specific plan, as 
required by section 9(c). The plan shall include a national coastal and 
ocean adaptation plan, composed of individual regional adaptation plans 
that recommend targets and strategies to address coastal and ocean 
impacts associated with climate change, ocean acidification, and sea 
level rise. The plan shall serve as the agency-specific plan. The plan 
shall be developed with the participation of other Federal, State, and 
local government agencies that will be critical in the implementation 
of the plan at the State and local levels and shall take into account 
the results of the regional assessments to be conducted under 
subsection (a), the work of the Global Change Research Program, and 
recommendations of the National Science Board in its January 12, 2007, 
report entitled Hurricane Warning: The Critical Need for a National 
Hurricane Research Initiative and other relevant studies, and not 
duplicate existing Federal and State hazard planning requirements. The 
Plan shall include both short- and long-term adaptation strategies and 
shall include, at a minimum, recommendations regarding--
            ``(1) Federal flood insurance program modifications;
            ``(2) areas that have been identified as high risk through 
        mapping and assessment;
            ``(3) mitigation incentives such as rolling easements, 
        strategic retreat, State or Federal acquisition in fee simple 
        or other interest in land, construction standards, 
        infrastructure planning, and zoning;
            ``(4) land and property owner education;
            ``(5) economic planning for small communities dependent 
        upon affected coastal and ocean resources, including fisheries;
            ``(6) coastal hazards protocols to reduce the risk of 
        damage to lives and property, and reduce threats to public 
        health and a process for evaluating the implementation of such 
        protocols;
            ``(7) strategies to address impacts on critical biological 
        and ecological processes, giving a priority to the most 
        vulnerable natural resources and communities;
            ``(8) proposals to integrate measures into the actions and 
        policies of the National Oceanic and Atmospheric Administration 
        and other Federal agencies, as appropriate;
            ``(9) a plan for additional observations, research, 
        modeling, assessment and information products,environmental 
        data stewardship, and development of technologies and 
        capabilities to address such impacts;
            ``(10) a plan for data archive and access, and processes 
        for sharing data and information for addressing such impacts;
            ``(11) plans to pursue bilateral and multilateral 
        agreements necessary to effectively address such impacts;
            ``(12) partnerships with States and nongovernmental 
        organizations;
            ``(13) methods to mitigate the impacts identified, 
        including habitat protection and restoration measures; and
            ``(14) funding requirements and mechanisms.
    ``(c) Technical Planning Assistance.--The Secretary, through the 
National Oceanic and Atmospheric Administration and in coordination 
with other Federal agencies with existing authorities concerning hazard 
mitigation planning, shall establish a coordinated program to provide 
technical planning assistance and products to coastal States and local 
governments as they develop and implement adaptation or mitigation 
strategies and plans. Products, information, tools and technical 
expertise generated from the development of the regional coastal and 
ocean assessments and the coastal and ocean adaptation plans will be 
made available to coastal States for the purposes of developing their 
own State and local plans.''.

SEC. 7. COASTAL AND OCEAN ADAPTATION GRANTS.

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

``SEC. 320. CLIMATE CHANGE ADAPTATION PLANS.

            ``(a) Grants.--The Secretary shall provide grants of 
        financial assistance to coastal states with federally approved 
        coastal zone management programs to develop and begin 
        implementing coastal and ocean adaptation programs.
            ``(b) Allocation of Funds.--The Secretary shall distribute 
        grant funds under subsection (a) among coastal States in 
        accordance with the formula established under section 306(c) of 
        this Act, adjusted in consultation with the States as necessary 
        to provide assistance to particularly vulnerable coastlines.
            ``(c) Plan Content.--In order to receive financial 
        assistance under this section, a plan must be approved by the 
        Secretary, and be consistent with and further the goals of the 
        coastal and ocean adaptation plan to be developed pursuant to 
        section 10 of the National Climate Service Act of 2007, and be 
        consistent with such State's coastal management program.
            ``(d) State hazard mitigitation plans.--Plans developed by 
        States pursuant to this section shall be consistent with State 
        hazard mitigation plans developed under State or Federal 
        law.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Section 11 (15 U.S.C. 2908), as redesignated by section 6 of this 
Act, is amended--
            (1) by inserting ``(a) National Climate Service.--'' before 
        ``There are authorized''; and
            (2) by adding at the end thereof the following:
    ``(b) National Strategy.--In addition to any other funds otherwise 
authorized to be appropriated, there are authorized to be appropriated 
for each of fiscal years 2009 through 2013 $25,000,000 to carry out 
section 9.
    ``(c) Coastal and Ocean Assessments.--In addition to any other 
funds otherwise authorized to be appropriated, there are authorized to 
be appropriated to the Secretary $75,000,000 for each of fiscal years 
2009 through 2013 to carry out section 10(a).
    ``(d) Coastal and Ocean Adaptation Plan.--In addition to any other 
funds otherwise authorized to be appropriated, there are authorized to 
be appropriated for each of fiscal years 2009 through 2013 
$150,000,000, of which 75 percent shall be for State plans.''.
            Amend the title so as to read: ``A bill to amend the 
        National Climate Service Act of 2007 to enhance the ability of 
        the United States to develop and implement climate change 
        adaptation programs and policies, and for other purposes.''.
                                                       Calendar No. 769

110th CONGRESS

  2d Session

                                S. 2355

                          [Report No. 110-347]

_______________________________________________________________________

                                 A BILL

To amend the National Climate Program Act to enhance the ability of the 
   United States to develop and implement climate change adaptation 
             programs and policies, and for other purposes.

_______________________________________________________________________

                              June 5, 2008

         Reported with amendments and an amendment to the title