[Senate Report 110-347]
[From the U.S. Government Publishing Office]
110th Congress
2d Session SENATE Report
110-347
_______________________________________________________________________
Calendar No. 769
CLIMATE CHANGE ADAPTATION ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2355
June 5, 2008.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
second session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota GORDON H. SMITH, Oregon
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey DAVID VITTER, Louisiana
MARK PRYOR, Arkansas JOHN THUNE, South Dakota
THOMAS CARPER, Delaware ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Mimi Braniff, Republican Deputy Chief Counsel
Calendar No. 769
110th Congress Report
SENATE
2d Session 110-347
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CLIMATE CHANGE ADAPTATION ACT
_______
June 5, 2008.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 2355]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2355) 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, having considered the same,
reports favorably thereon with amendments and an amendment to
the title and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 2355, the Climate Change Adaptation Act,
is to provide a national strategic plan for addressing the
impacts of climate change within the United States.
Background and Needs
The need to address the impacts from climate change on our
Nation's coastal and ocean areas is of particular interest to
the Senate Committee on Commerce, Science, and Transportation
given its oversight role over the National Oceanic and
Atmospheric Administration (NOAA). Temperature-related impacts
on living marine resources are well-documented and may include
significant changes in the distribution, growth, health, and
abundance of species. Increased temperatures and loss of sea
ice have been documented in both Arctic and Antarctic regions.
Arctic sea ice has long been recognized as a sensitive climate
indicator. The annual average extent of the Arctic sea ice has
decreased 2.7 percent per decade since 1978, and last year's
dramatic melt reduced ice coverage to its lowest level since
satellite measurements began in 1979. Changes in sea ice
extent, timing, ice thickness, and seasonal fluctuations are
already having an impact on the people, plants, and animals
that live in the Arctic.
Climate-related shifts in species distribution and
abundance have been observed in the temperate regions of the
Atlantic and Pacific. Warming is likely to alter coastal
weather and could affect the intensity and frequency of severe
storms, especially in storm-prone regions, such as the
southeast. Melting of glaciers and ice sheets and thermal
expansion of ocean waters are predicted to cause sea level rise
to continue. According to the Intergovernmental Panel on
Climate Change (IPCC), global sea level increased at an average
rate of 1.8 millimeters per year from 1961 to 2003. Sea level
rise is likely to intensify erosion and endanger coastal
structures and wetlands. Rising sea level, higher temperatures,
and increased carbon dioxide concentrations are likely to
affect the ecology of estuaries, coastal wetlands, and coral
reefs. The changing temperature patterns are also likely to
alter fish migration patterns, shifting the distribution of
commercially important species.
The IPCC regularly assesses the worldwide state of
knowledge on climate change and has issued its Fourth
Assessment Report over the course of 2007. Working Group II
assessed the impacts of climate change in its report, ``Climate
Change Impacts, Adaptation, and Vulnerability,'' released on
April 6, 2007. The report found that:
evidence obtained from observations of all
continents and most oceans shows that many natural
systems are being affected by regional climate changes,
particularly temperature increases;
there is a high confidence, which the IPCC
defines as more than 80 percent certainty, that
observed changes in marine and freshwater biological
systems are associated with rising water temperatures,
as well as related changes in ice cover, salinity,
oxygen levels, and circulation;
observed changes to aquatic systems include
species' range shifts and changes in algal, plankton,
and fish abundance, particularly in high-latitude
oceans;
approximately 20 to 30 percent of plant and
animal species assessed at present are likely to be at
increased risk of extinction if the global average
temperature increase exceeds 1.5 - 2.5 degrees Celsius;
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 species;
and
adaptation will be necessary to address
impacts resulting from the warming which is already
unavoidable due to past emissions.
On August 7, 2007, the Government Accountability Office
(GAO) issued a report titled ``Climate Change: Agencies Should
Develop Guidance for Addressing the Effects on Federal Land and
Water Resources.'' In November 2006, the GAO, in conjunction
with the National Academies, held a workshop of leading experts
on science and resource management issues to examine the
impacts of climate change on Federal land and water resources,
information available to resource managers, and the extent to
which climate change impacts are taken into account. The report
focused on resources managed by NOAA, the Bureau of Land
Management, the Forest Service, the U.S. Fish and Wildlife
Service, and the National Park Service.
The GAO report found that resource managers do not have
sufficient site-specific information to plan for and manage the
effects of climate change on Federal resources. Managers lack
the basic tools needed to develop an adequate baseline
understanding of existing local species. These tools include
monitoring systems and computer models of local projections,
without which managers are limited to reacting to already
observed climate change effects making it difficult to plan for
future changes.
The GAO report also found that resource managers have
limited guidance on whether or how to address climate change,
and therefore, are uncertain about what actions, if any, they
should take. In general, resource managers lack specific
guidance for incorporating climate change into their management
actions and planning efforts, hampering their ability to
address climate change and effectively manage resources. The
GAO report also found that the Federal resource agencies
studied have not made climate change a priority, and the
agencies' strategic plans do not specifically address climate
change.
Due to the prolonged residence time of carbon dioxide in
the atmosphere, a certain degree of warming is expected for the
next 20 to 30 years, even if all anthropogenic sources of
greenhouse gases were eliminated today. Therefore, the
currently observed or predicted changes to natural resources
due to warming are expected to continue over this time period.
Resource planning should include actions for adapting to
changing conditions.
Summary of Provisions
S. 2355 would include two main components -- a national
strategy and agency-specific requirements for NOAA. The bill
would require the President to provide the Congress with a
national strategic plan to address the impacts of climate
change within the United States. The strategic plan would
include guidance for integrating climate change considerations
in the management of Federally-administered natural resources,
as well as recommendations for providing information to and
coordinating with State and local governments and
nongovernmental entities to support planning efforts for the
management of non-Federal resources. The strategic plan would
not create a new legal right of action. Rather, the focus of
the plan would be on recommending steps for considering climate
change impacts in existing authorities.
The bill also would require the Secretary of Commerce to
conduct regional assessments to identify key vulnerabilities of
coastal and ocean areas and resources from hazards associated
with climate change and ocean acidification. Such assessments
would include social, physical, and economic impacts on local,
State, and regional economies, including the impact on
abundance and distribution of economically important living
marine resources.
The bill also would require the Secretary of Commerce to
prepare an agency-specific coastal and ocean adaptation plan
for NOAA that would address coastal and ocean impacts of
climate change. The plan would include recommendations
regarding potential Federal flood insurance program
modifications, mitigation incentives for coastal land use
planning, and coastal hazards protocols. It also would include
strategies to address the climate change impacts on living
marine resources for which NOAA plays a stewardship role and
would require a strategy for integrating climate change
considerations into the actions and policies of NOAA and other
Federal agencies, as appropriate.
The bill also would establish a grant program through the
existing Coastal Zone Management Act grant process to support
coastal States in the development and implementation of State
plans, taking into consideration hazards planning requirements
that States are already developing under the Stafford Act.
The bill would authorize annual appropriations for each of
fiscal years 2009 through 2013 of $25,000,000 for the
implementation of the national strategy, $75,000,000 to carry
out the coastal and ocean assessments, and $150,000,000 for the
development of coastal and ocean adaptation plans, of which 75
percent would be provided to the States.
Legislative History
Senator Cantwell, Chair of the Subcommittee on Oceans,
Atmosphere, Fisheries, and Coast Guard, introduced S. 2355 on
November 14, 2007. Senators Kerry, Klobuchar, and Lautenberg
have subsequently signed on as cosponsors. The bill was
referred to the Committee on Commerce, Science, and
Transportation. The Committee held two hearings preceding the
introduction of S. 2355 that addressed the need for Federal
legislation on climate adaptation. On May 10, 2007, the
Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard
held a hearing on the effects of climate change and ocean
acidification on living marine resources. A full committee
hearing was held on November 14, 2007, which addressed the need
to improve the Federal government's climate change research
program and the dissemination of relevant information to
decision makers and other end users.
On December 4, 2007, the Committee considered a manager's
amendment to this bill in an open executive session. The
Committee, by voice vote, ordered S. 2355 to be reported
favorably, as amended. The provisions on coastal assessments
and coastal planning are based on similar provisions that were
passed by the Senate in 2002 and again in 2003 as part of the
Energy Policy Act.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The reported bill would not authorize any new regulations and
therefore would not subject any individuals or businesses to
new regulations. The bill would have little, if any, regulatory
impact.
ECONOMIC IMPACT
The bill, as reported, is not expected to have a significant
impact on the nation's economy.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
The reported bill would not increase paperwork requirements
for the private sector. The bill would require reports from the
Federal government. The legislation also would establish a
grant program through the existing Coastal Zone Management Act
grant process to provide support to coastal States in
developing and implementing their State plans. Applicants to
this grant program would have to file documents to apply for
this program.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides there are
no congressionally directed spending items contained in the
bill, as reported.
Section-by-Section Analysis
Section 1. Short title
This section would provide that the legislation may be cited
as the ``Climate Change Adaptation Act.''
Section 2. Amendment of National Climate Service Act of 2007
This section would specify that any changes are in reference
to the National Climate Service Act of 2007.
Section 3. Findings
This section would update and expand the findings to reflect
recent studies, data, and assessments, including the Fourth
Assessment Report of the IPCC, the National Research Council
report Evaluating Progress of the U.S. Climate Change Science
Program, and the GAO report Climate Change: Agencies Should
Develop Guidance for Addressing the Effects on Federal Land and
Water Resources.
Section 4. Definitions
This section would add a definition for ``coastal state''
based on usage in the Coastal Zone Management Act of 1972 (16
U.S.C. 1453(4)).
Section 5. National Climate Program
This section would establish a National Climate Program to
address the emerging needs for climate change information and
policies for adaptation. The program would include a strategic
plan to address the impacts of climate change in the United
States and establish a National Climate Service within NOAA. S.
2307, a complementary bill introduced by Senators Kerry and
Snowe, provides details on the components of the National
Climate Service. This section also would require the President
to develop five-year strategic plans, define the program roles
for the participating Federal officers, departments, and
agencies, and provide for program coordination.
Section 6. National Climate Strategy
National Strategic Plan for Climate Change Adaptation. This
section would require the President to provide the Congress
with a five-year strategic plan for addressing the impacts of
climate change within the United States. The plan would be
developed in consultation with interested stakeholders and
submitted within two years of the date of enactment of the Act.
The strategic plan would require that agencies identify
existing capabilities to address climate change on Federally-
managed resources and include measures to improve and integrate
such capabilities. The plan also would include recommendations
for providing information to and coordination with State and
local governments, and nongovernmental entities to support
planning efforts for the management of non-Federal resources.
The plan would not create any new legal right of action.
Federal agencies would consider climate change impacts under
existing legal authorities and nothing in this section would
supersede any existing Federal authority.
Ocean and Coastal Vulnerability and Adaptation. This section
would require the Secretary of Commerce to coordinate and
support regional assessments of the vulnerability of coastal
and ocean areas and resources to the impacts of climate change
and ocean acidification. These assessments would be done in
conjunction with appropriate Federal, State, and local
government entities and would be updated every five years. Such
assessments would consider information and assessments
developed by the Global Change Research Program and include the
ecological, social, and economic impacts on local, State, and
regional economies, including the impact on abundance or
distribution of economically important living marine resources.
This section would require the Secretary of Commerce to
prepare and submit to the Congress an agency-specific plan that
includes a coastal and ocean adaptation plan to address the
impacts of climate change, ocean acidification, and sea level
rise. The plan would include recommendations regarding
potential Federal flood insurance program modifications,
mitigation incentives for coastal land use planning, and
coastal hazards protocols.
This section also would require the Secretary of Commerce,
acting through NOAA and in coordination with other relevant
Federal agencies, to establish a program to provide technical
planning assistance and products to coastal States and local
governments to develop their own State and local plans.
Section 7. Coastal and Ocean Adaptation Grants
This section would amend the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.) by adding a grant program to
provide support to coastal States in developing and
implementing State coastal and ocean adaptation programs.
Section 8. Authorization of appropriations
This section would authorize annual appropriations for each
of fiscal years 2009 through 2013 of $25,000,000 to implement
the National Strategic Plan for Climate Change Adaptation,
$75,000,000 to conduct the regional assessments of coastal and
ocean vulnerability to the impacts of climate change and ocean
acidification, and $150,000,000 for the development of coastal
and ocean adaptation plans, of which 75 percent would be
provided to the States.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):\1\
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\1\ The text of the National Climate Program Act of 1978 has been
modified to reflect amendments that would be made in that Act if S.
2307, as ordered reported by the Committee on December 4, 2007, were
enacted before S. 2355 were enacted. The National Climate Service Act
of 2007 is a title in S. 2307 that would amend the National Climate
Program Act.
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NATIONAL CLIMATE PROGRAM ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Climate Service Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. National Climate Program.
Sec. 6. National Climate Service.
Sec. 7. Contract and grant authority.
Sec. 8. Annual report.
Sec. 9. Authorization of appropriations.''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Climate change and related hazards affect public
safety, environmental services and security, human
health, agriculture, energy use, water resources,
wildlife and other natural resources, and other factors
vital to national security and human welfare.
(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.
(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.
(4) Information regarding climate change is not being
fully disseminated or used, and Federal efforts have
given insufficient attention to assessing and applying
this information.
(5) Climate change 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.
(6) 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
predicted.
(7) 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 change.
(8) 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 Celsius.
(9) 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 species.
(10) 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 inaction.
(11) 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
resources.
(12) States and local communities may need Federal
assistance in developing and implementing strategies to
address the impacts of climate change.
(13) 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 resources.
(14) 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 users.
(15) 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.
[15 U.S.C. 2903]
In this Act:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the National Oceanic and
Atmospheric Administration.
(2) Advisory Council.--The term ``Advisory Council''
refers to the Climate Services Advisory Council.
(3) Climate change.--The term ``climate change''
means any change in climate over time, whether due to
natural variability or as a result of human activity.
(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)).
[(4)] (5) Director.--The term ``Director'' means the
Director of the National Oceanic and Atmospheric
Administration's National Climate Service.
[(5)] (6) Global change research program.--The term
``Global Change Research Program'' means the United
States Global Change Research Program established under
section 103 of the Global Change Research Act of 1990
(15 U.S.C. 2933).
[(6)] (7) Program.--The term ``Program'' means the
National Climate Program.
[(7)] (8) Secretary.--The term ``Secretary'' means
the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration.
[(8)] (9) Service.--The term ``Service'' means the
National Oceanic and Atmospheric Administration's
National Climate Service.
[SEC. 5. NATIONAL CLIMATE PROGRAM.]
[15 U.S.C. 2904]
[(a) Establishment.--The President shall establish a National
Climate Program in accordance with the provisions, findings and
purposes of this Act.
[(b) Duties.--The President shall--
[(1) promulgate the 5-year plans described in
subsection (d)(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.
[(c) National Climate Program Office.--
[(1) The Secretary shall establish within the
Department of Commerce a National Climate Program
Office not later than 30 days after the date of the
enactment of this Act.
[(2) The Office shall--
[(A) serve as the lead entity responsible for
administering the program;
[(B) be headed by a Director who shall
represent the Climate Program Policy Board and
shall be spokesperson for the program;
[(C) serve as the staff for the Board and its
supporting committees and working groups;
[(D) review each agency budget request
transmitted under subsection (g)(1) and submit
an analysis of the requests to the Board for
its review;
[(E) be responsible for coordinating
interagency participation in international
climate-related activities; and
[(F) work with the National Academy of
Sciences and other private, academic, State,
and local groups in preparing and implementing
the 5-year plan (described in subsection
(d)(9)) and the program. The analysis described
in subparagraph (D) shall include an analysis
of how each agency's budget request relates to
the priorities and goals of the program
established pursuant to this Act.
[(3) The Secretary may provide, through the Office,
financial assistance, in the form of contracts or
grants or cooperative agreements, for climate-related
activities which are needed to meet the goals and
priorities of the program set forth in the 5-year plan
pursuant to subsection (d)(9), if such goals and
priorities are not being adequately addressed by any
Federal department, agency, or instrumentality.
[(4) Each Federal officer, employee, department and
agency involved in the Program shall cooperate with the
Secretary in carrying out the provisions of this Act.
[(d) Program elements.--The Program shall include, but not be
limited to, the following elements:
[(1) assessments of the effect of climate on the
natural environment, agricultural production, energy
supply and demand, land and water resources,
transportation, human health and national security.
Such assessments shall be conducted to the maximum
extent possible by those Federal agencies having
national programs in food, fiber, raw materials,
energy, transportation, land and water management, and
other such responsibilities, in accordance with
existing laws and regulations. Where appropriate such
assessments may include recommendations for action;
[(2) basic and applied research to improve the
understanding of climate processes, natural and man
induced, and the social, economic, and political
implications of climate change;
[(3) methods for improving climate forecasts on a
monthly, seasonal, yearly, and longer basis;
[(4) global data collection, and monitoring and
analysis activities to provide reliable, useful and
readily available information on a continuing basis;
[(5) systems for the management and active
dissemination of climatological data, information and
assessments, including mechanisms for consultation with
current and potential users;
[(6) measures for increasing international
cooperation in climate research, monitoring, analysis
and data dissemination;
[(7) mechanisms for intergovernmental climate-related
studies and services including participation by
universities, the private sector and others concerned
with applied research and advisory services. Such
mechanisms may provide, among others, for the following
State and regional services and functions:
[(A) studies relating to and analyses of
climatic effects on agricultural production,
water resources, energy needs, and other
critical sectors of the economy;
[(B) atmospheric data collection and
monitoring on a statewide and regional basis;
[(C) advice to regional, State, and local
government agencies regarding climate-related
issues;
[(D) information to users within the State
regarding climate and climatic effects; and
[(E) information to the Secretary regarding
the needs of persons within the States for
climate-related services, information, and
data. The Secretary may make annual grants to
any State or group of States, which grants
shall be made available to public or private
educational institutions, to State agencies,
and to other persons or institutions qualified
to conduct climate-related studies or provide
climate-related services;
[(8) experimental climate forecast centers, which
shall
[(A) be responsible for making and routinely
updating experimental climate forecasts of a
monthly, seasonal, annual, and longer nature,
based on a variety of experimental techniques;
[(B) establish procedures to have forecasts
reviewed and their accuracy evaluated; and
[(C) protect against premature reliance on
such experimental forecasts; and
[(9) a preliminary 5-year plan, to be submitted to
the Congress for review and comment, not later than 180
days after the enactment of this Act, and a final 5-
year plan to be submitted to the Congress not later
than 1 year after the enactment of this Act, that shall
be revised and extended at least once every four years.
Each plan shall establish the goals and priorities for
the Program, including the intergovernmental program
described in paragraph (7), over the subsequent 5-year
period, and shall contain details regarding (A) the
role of Federal agencies in the programs, (B) Federal
funding required to enable the Program to achieve such
goals, and (C) Program accomplishments that must be
achieved to ensure that Program goals are met within
the time frame established by the plan.
[(e) Climate Program Policy Board.--(1) The Secretary shall
establish and maintain an interagency Climate Program Policy
Board, consisting of representatives of the Federal agencies
specified in subsection (b)(2) and any other agency which the
Secretary determines should participate in the Program.
[(2) The Board shall--
[(A) be responsible for coordinated planning and
progress review for the Program;
[(B) review all agency and department budget requests
related to climate transmitted under subsection (g)(1)
and submit a report to the Office of Management and
Budget concerning such budget requests;
[(C) establish and maintain such interagency groups
as the Board determines to be necessary to carry out
its activities; and
[(D) consult with and seek the advice of users and
producers of climate data, information, and services to
guide the Board's efforts, keeping the Director and the
Congress advised of such contacts.
[(3) The Board biennially shall select a Chair from among its
members. A Board member who is a representative of an agency
may not serve as Chair of the Board for a term if an individual
who represented that same agency on the Board served as the
Board's Chair for the previous term.
[(f) Cooperation.--(1) The Program shall be conducted so as
to encourage cooperation with, and participation in the Program
by, other organizations or agencies involved in related
activities. For this purpose the Secretary shall cooperate and
participate with other Federal agencies, and foreign,
international, and domestic organizations and agencies involved
in international or domestic climate-related programs.
[(2) The Secretary and the Secretary of State shall cooperate
with the Office in (A) providing representation at climate-
related international meetings and conferences in which the
United States participates, and (B) coordinating the activities
of the Program with the climate programs of other nations and
international agencies and organizations, including the World
Meteorological Organization, the International Council of
Scientific Unions, the United Nations Environmental Program,
the United Nations Educational, Scientific, and Cultural
Organization, the World Health Organization, and Food and
Agriculture Organization.
[(g) Budgeting.--Each Federal agency and department
participating in the Program, shall prepare and submit to the
Office of Management and Budget, on or before the date of
submission of departmental requests for appropriations to the
Office of Management and Budget, an annual request for
appropriations for the Program for the subsequent fiscal year
and shall transmit a copy of such request to the National
Climate Program Office. The Office of Management and Budget
shall review the request for appropriations as an integrated,
coherent, multi-agency request.]
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--
(A) a strategic planning process to address
the impacts of climate change within the United
States; and
(B) 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.
* * * * * * *
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. [9.] 11. AUTHORIZATION OF APPROPRIATIONS.
[15 U.S.C. 2908]
(a) National Climate Service._There are authorized to be
appropriated to the Secretary to carry out sections 6, 7, and 8
of this Act--
(1) $300,000,000 for fiscal year 2009;
(2) $350,000,000 for fiscal year 2010;
(3) $400,000,000 for fiscal year 2011;
(4) $450,000,000 for fiscal year 2012; and
(5) $500,000,000 for fiscal year 2013.
(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.
COASTAL ZONE MANAGEMENT ACT OF 1972
[16 U.S.C. 1451 et seq.]
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.