42 U.S.C. § 17272: Assessment of carbon…

Summary

The Secretary of the Interior must make a method for measuring greenhouse gas flows and then finish a national study of how much carbon ecosystems store and release. The measurement method must be made within 1 year after December 19, 2007. The national assessment must be completed within 2 years after the final method is published. Key terms: "adaptation strategy" = a land use or management idea to store more carbon or cut emissions; "assessment" = the national study the law requires; "covered greenhouse gas" = carbon dioxide, nitrous oxide, and methane; "ecosystem" = any land, freshwater, or coastal area (including estuaries); "native plant species" = noninvasive plants that naturally occur there; "Secretary" = the Secretary of the Interior. The assessment must measure carbon stored and released (including from fires) and the yearly flow of those greenhouse gases in and out of ecosystems. The Secretary must find what controls those flows, estimate how much more carbon could be stored through management or restoration, create near- and long-term strategies to boost storage, cut emissions, and adapt to climate change, and estimate yearly storage under different policies. Restoration and management should favor native plants. The Secretary must consult with the Secretaries of Energy, Agriculture, Commerce (through the Under Secretary for Oceans and Atmosphere), the EPA Administrator, and other agencies, and work jointly with Commerce on ocean and coastal areas. The proposed method must be published, opened for public and agency comment at least 60 days before the final method, reviewed by a panel of experts, and the final method published in the Federal Register. After the assessment, the Secretary must set needed data, report results to agencies and relevant Congressional committees within 180 days, put the results in a public online database, and may use up to $20,000,000 appropriated for fiscal years 2008 through 2012.

Title 42, §17272

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

(a)Definitions

In this section: (1) Adaptation strategy

(2)Assessment

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

(3)Covered greenhouse gas

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

(4)Ecosystem

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

(5)Native plant species

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

(6)Secretary

The term “Secretary” means the Secretary of the Interior.

(b)Authorization of assessment

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)

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

(c)Components

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)Use of native plant species

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)Consultation

(1)In general

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)Ocean and coastal ecosystems

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)Methodology

(1)In general

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

(2)Requirements

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)External review and publication

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)Estimate; review

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)Data and report availability

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

(i)Authorization

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