§17272 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary of the Interior must create a method to measure and track carbon and greenhouse gases within 1 year after December 19, 2007, and then finish a national assessment within 2 years after that final method is published. The assessment must measure how much carbon ecosystems store and release (including from human-caused and natural fires) and the yearly flow of carbon dioxide, methane, and nitrous oxide in and out of land, freshwater, and coastal areas. It must find what controls those flows, estimate how much more carbon could be stored by managing or restoring ecosystems, make near- and long-term strategies to boost storage, cut emissions, and adapt to climate change, and estimate yearly sequestration under different policy actions. The law says to emphasize using native plant species in restorations. The Secretary must work with the Secretaries of Energy, Agriculture, Commerce (through the Under Secretary for Oceans and Atmosphere), the EPA Administrator, and other agencies. The method must say how to measure and monitor gases, estimate each ecosystem’s total carbon capacity, and estimate how management can reduce emissions. A proposed method must be published, opened for public and agency comment at least 60 days before the final method, reviewed by an expert panel, and then finalized in the Federal Register. Within 180 days after the assessment is finished, the Secretary must report the results to relevant agency heads and Congress and put the results in an online database. Up to $20,000,000 is authorized for fiscal years 2008 through 2012. Definitions in one line: "adaptation strategy" = land use or management steps to increase sequestration or cut emissions; "covered greenhouse gases" = carbon dioxide, nitrous oxide, methane; "ecosystem" = land, freshwater, or coastal areas (including estuaries); "native plant species" = noninvasive plants that occur naturally; "Secretary" = Secretary of the Interior.

Title 42, §17272

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:

(1)The term “adaptation strategy” means a land use and management strategy that can be used—

(A)to increase the sequestration capabilities of covered greenhouse gases of any ecosystem; or

(B)to reduce the emissions of covered greenhouse gases from any ecosystem.

(2)The term “assessment” means the national assessment authorized under subsection (b).

(3)The term “covered greenhouse gas” means carbon dioxide, nitrous oxide, and methane gas.

(4)The term “ecosystem” means any terrestrial, freshwater aquatic, or coastal ecosystem, including an estuary.

(5)The term “native plant species” means any noninvasive, naturally occurring plant species within an ecosystem.

(6)The term “Secretary” means the Secretary of the Interior.

(b)Not later than 2 years after the date on which the final methodology is published under subsection (f)(3)(D), the Secretary shall complete a national assessment of—

(1)the quantity of carbon stored in and released from ecosystems, including from man-caused and natural fires; and

(2)the annual flux of covered greenhouse gases in and out of ecosystems.

(c)In conducting the assessment under subsection (b), the Secretary shall—

(1)determine the processes that control the flux of covered greenhouse gases in and out of each ecosystem;

(2)estimate the potential for increasing carbon sequestration in natural and managed ecosystems through management activities or restoration activities in each ecosystem;

(3)develop near-term and long-term adaptation strategies or mitigation strategies that can be employed—

(A)to enhance the sequestration of carbon in each ecosystem;

(B)to reduce emissions of covered greenhouse gases from ecosystems; and

(C)to adapt to climate change; and

(4)estimate the annual carbon sequestration capacity of ecosystems under a range of policies in support of management activities to optimize sequestration.

(d)In developing restoration activities under subsection (c)(2) and management strategies and adaptation strategies under subsection (c)(3), the Secretary shall emphasize the use of native plant species (including mixtures of many native plant species) for sequestering covered greenhouse gas in each ecosystem.

(e)(1)In conducting the assessment under subsection (b) and developing the methodology under subsection (f), the Secretary shall consult with—

(A)the Secretary of Energy;

(B)the Secretary of Agriculture;

(C)the Administrator of the Environmental Protection Agency;

(D)the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere; and

(E)the heads of other relevant agencies.

(2)In carrying out this section with respect to ocean and coastal ecosystems (including estuaries), the Secretary shall work jointly with the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere.

(f)(1)Not later than 1 year after December 19, 2007, the Secretary shall develop a methodology for conducting the assessment.

(2)The methodology developed under paragraph (1)—

(A)shall—

(i)determine the method for measuring, monitoring, and quantifying covered greenhouse gas emissions and reductions;

(ii)estimate the total capacity of each ecosystem to sequester carbon; and

(iii)estimate the ability of each ecosystem to reduce emissions of covered greenhouse gases through management practices; and

(B)may employ economic and other systems models, analyses, and estimates, to be developed in consultation with each of the individuals described in subsection (e).

(3)On completion of a proposed methodology, the Secretary shall—

(A)publish the proposed methodology;

(B)at least 60 days before the date on which the final methodology is published, solicit comments from—

(i)the public; and

(ii)heads of affected Federal and State agencies;

(C)establish a panel to review the proposed methodology published under subparagraph (A) and any comments received under subparagraph (B), to be composed of members—

(i)with expertise in the matters described in subsections (c) and (d); and

(ii)that are, as appropriate, representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, industry, and international organizations; and

(D)on completion of the review under subparagraph (C), publish in the Federal Register the revised final methodology.

(g)The Secretary shall—

(1)based on the assessment, prescribe the data, information, and analysis needed to establish a scientifically sound estimate of the carbon sequestration capacity of relevant ecosystems; and

(2)not later than 180 days after the date on which the assessment is completed, submit to the heads of applicable Federal agencies and the appropriate committees of Congress a report that describes the results of the assessment.

(h)On completion of the assessment, the Secretary shall incorporate the results of the assessment into a web-accessible database for public use.

(i)There is authorized to be appropriated to carry out this section $20,000,000 for the period of fiscal years 2008 through 2012.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

§17272 Assessment of carbon sequestration and methane and nitrous oxide emissions from ecosystems

Summary

Title 42, §17272

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata