PCAP - Presidential Climate Action Project

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and Bioenergy, establishes an interagency council and an Advisory Committee on BiobasedProducts and Bioenergy. The interagency council is composed entirely of federal employees; theadvisory committee has members from both the federal government and private sector.Conclusion. The President has the authority to establish a task force comprised of federalagencies and private entities that would provide information and advice. The subject matter ofthe task force is within the mission of the DOT. There are no barriers to taking this action byexecutive order although the provisions of FACA would probably apply. These are largelyadministrative and procedural provisions related to, for example, notice and public access.Good candidate to implement by executive order.CEES 57 | P age
Direct the DOT, the Department of Aviation and the Federal Rail Administration todetermine if current rail-safety requirements are relevant for high-speed rail technology.B-11DOT, Department of Aviation and the Federal Rail Administration should investigate currentrail safety requirements and analyze if current regulations are relevant when using high-speedrail technology. <strong>PCAP</strong> Report 7:7.Background. In addition to its implications as a climate change strategy, high-speed rail isbeing considered as a strategy to relieve aviation congestion. The Federal AviationAdministration (FAA) is the federal department of aviation.Statutes. The Federal Railroad Administration (FRA) is an administration in the Department ofTransportation (DOT) created to carry out all railroad safety laws of the United States. TheSecretary of Transportation (“the Secretary”) is responsible for all acts taken under those lawsand for ensuring that the laws are uniformly administered and enforced among the safetyoffices. 232 The Administrator carries out the duties and powers related to railroad safety vested inthe Secretary by 49 U.S.C. § 20134(c) (demonstration projects for grade crossings), 49 U.S.C. §§203-211 (the safety provisions for rail programs), and 49 U.S.C. § 213 (enforcement provision)in carrying out the powers and duties related to safety. The Administrator also carries outadditional duties and powers prescribed by the Secretary. 233The purpose of the FRA, as self-reported, is to: promulgate and enforce rail safety regulations;administer railroad assistance programs; conduct research and development in support ofimproved railroad safety and national rail transportation policy; provide for the rehabilitation ofNortheast Corridor rail passenger service; and consolidate government support of railtransportation activities. 234 By statute, high-speed rail is under the authority of the Secretary. 235Thus, this proposal falls within the mission of the FRA and the DOT.The FAA is a division of the Department of Transportation. 236 It is an agency of the DOT withthe authority to regulate and oversee all aspects of civil aviation in the U.S. 237 There is not aclear connection between the mission of the FAA and rail safety. However, rail transportationsystems would be used to transport people to and from airports, and airports may serve as hubs.232 49 U.S.C. § 103(a).233 Id. at § 103(c).234 FRA Web site, About Us, available at http://www.fra.dot.gov/us/content/2 (no update date provided).235 49 U.S.C. §§ 26101-26105.236 Id. at § 106(a).237 See Id. at § 106(f).CEES 58 | P age
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THE BOUNDARIES OF EXECUTIVE AUTHORI
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Proposal IndexPage NumberA Establis
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D-01 Direct the federal Climate Cha
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I. IntroductionThis report is a fol
Page 16 and 17: • The President shall not substit
Page 18 and 19: 42, Chapter 77, Subchapter III expl
Page 20 and 21: In addition, it delegates to the Pr
Page 22 and 23: C. Presidential ProclamationsThere
Page 24 and 25: 2. The developed country Parties an
Page 26 and 27: A. Establish National Energy and Ca
Page 28 and 29: the Nation, paying particular atten
Page 30 and 31: The President should establish the
Page 32 and 33: The President should establish the
Page 34 and 35: This proposal is framed in terms of
Page 36 and 37: partnership is working to reduce me
Page 38 and 39: Good candidate to implement by exec
Page 40 and 41: Executive Orders. There are 30 exec
Page 42 and 43: Congress annually a comprehensive r
Page 44 and 45: The Rural Utilities Services (RUS)
Page 46 and 47: through the energy policy, has some
Page 48 and 49: Direct the EPA to work with the Chi
Page 50 and 51: private members: E.O. 12216, the Pr
Page 52 and 53: next 20 years.” 181 From the publ
Page 54 and 55: Direct the EPA to immediately begin
Page 56 and 57: scientific judgment.” 199 Further
Page 58 and 59: Direct the EPA to immediately grant
Page 60 and 61: of climate change in California are
Page 62 and 63: Direct the EPA and DOE to collabora
Page 64 and 65: The ATA is a private entity, and as
Page 68 and 69: Authority over the Entities Subject
Page 70 and 71: Direct the DOT to reconvene the Cli
Page 72 and 73: Direct NASA to restore earth scienc
Page 74 and 75: Direct the Council on Environmental
Page 76 and 77: C. Improve Federal StewardshipDirec
Page 78 and 79: 3. Background.OMB performs legislat
Page 80 and 81: There are numerous executive orders
Page 82 and 83: Federal Energy Management Executive
Page 84 and 85: 1973; (3) E.O. 12845, Requiring Age
Page 86 and 87: This proposal is consistent with an
Page 88 and 89: 4. GHG reduction goals to transport
Page 90 and 91: President, but the President “may
Page 92 and 93: Declare that it is the responsibili
Page 94 and 95: 1. Statutory provisions that establ
Page 96 and 97: whenever feasible; and disposal or
Page 98 and 99: species is listed as a threatened s
Page 100 and 101: Determination of priorities which a
Page 102 and 103: 3.2 Declaring that it is the respon
Page 104 and 105: Management, (June 3, 1999) includes
Page 106 and 107: economic, and other requirements of
Page 108 and 109: environment.” Based on the polici
Page 110 and 111: D. Protect American Taxpayers from
Page 112 and 113: special committees but are expressl
Page 114 and 115: Direct the federal Climate Change S
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The CCSP is an executive branch age
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E. Mobilize the MarketplaceDirect t
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pollutants. Further, courts give gr
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Direct the Council on Environmental
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methods, and data related to sustai
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F. Build Public-Private Partnership
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printed in the Federal Register and
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that officer or employee. Advisory
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A-06A-07B-01B-02B-03B-04B-05B-06B-0
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C-02.7C-02.8C-02.9C-03C-03.1C-03.2C
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Appendix AStatutes with Specific Te
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(C) assess the potential for the de
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15 U.S.C.A. § 657hTitle 15. Commer
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(5) Climate fluctuation and change
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(4) global data collection, and mon
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15 U.S.C.A. § 2932§ 2932. Committ
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implementation of any Federal actio
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(2) Projects eligible for funding u
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emissions associated with each type
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22 U.S.C.A. § 7902§ 7902. Reducti
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(c) Performance reviews and reports
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(3) Priority for integrated gasific
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[It is the purpose of this chapter
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(i) that no low greenhouse gas emit
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(3) prepare and transmit to the Con
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42 U.S.C.A. § 13384§ 13384. Asses
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(i) Selection of projects(3) In sel
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(1) In generalThe Secretary, in con
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(b) GoalsThe program shall have the
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Subchapter II. Energy Security thro
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Subchapter IV. Energy Savings in Go
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(B) to reduce emissions of covered
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§ 17334. Actions by overseas priva
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(5) be committed to minimizing admi
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Appendix BProclamations that Addres
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8) Proc. 7150, Nov. 20, 1998, World
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PCAP - Presidential Climate Action Project

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