HR 6503 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6503CommentsClose CommentsPermalink

To promote the development of renewable energy on certain Federal land, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 21, 2012CommentsClose CommentsPermalink

Mr. BILBRAY introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To promote the development of renewable energy on certain Federal land, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Clean Fuels Innovation Act of 2012’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink





Sec. 3. Programmatic environmental impact statements and land use planning on covered land.CommentsClose CommentsPermalink





Sec. 4. Pilot program for development of renewable energy on public land and expansion of pilot program to covered land.CommentsClose CommentsPermalink





Sec. 5. Royalties.CommentsClose CommentsPermalink





Sec. 6. Disposition of royalty revenue.CommentsClose CommentsPermalink





Sec. 7. Report and environmental impact analysis on development of renewable energy on military installations.CommentsClose CommentsPermalink





Sec. 8. Study and report on mitigation banking.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) COVERED LAND- The term ‘covered land’ means land that is--CommentsClose CommentsPermalink





(A) public land or National Forest System land; andCommentsClose CommentsPermalink





(B) not excluded from the development of renewable energy under--CommentsClose CommentsPermalink





(i) a final land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(ii) a final land and resource management plan established under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); orCommentsClose CommentsPermalink





(iii) Federal law.CommentsClose CommentsPermalink





(2) FUND- The term ‘Fund’ means the Renewable Energy Resource Conservation Fund established under section 6(b).CommentsClose CommentsPermalink





(3) MILITARY INSTALLATION- The term ‘military installation’ has the meaning given such term in section 2801(c) of title 10, United States Code.CommentsClose CommentsPermalink





(4) PUBLIC LAND- The term ‘public land’ has the meaning given the term ‘public lands’ in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).CommentsClose CommentsPermalink





(5) RENEWABLE ENERGY- The term ‘renewable energy’ means energy derived from--CommentsClose CommentsPermalink





(A) a renewable energy source (as defined in section 2924 of title 10, United States Code); orCommentsClose CommentsPermalink





(B) algae.CommentsClose CommentsPermalink





(6) SECRETARY CONCERNED- The term ‘Secretary concerned’ means--CommentsClose CommentsPermalink





(A) the Secretary of the Interior, with respect to public land; andCommentsClose CommentsPermalink





(B) the Secretary of Agriculture, with respect to National Forest System land.CommentsClose CommentsPermalink

SEC. 3. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS AND LAND USE PLANNING ON COVERED LAND.

(a) Programmatic Environmental Impact Statements for Public Land- Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall, with respect to public land--CommentsClose CommentsPermalink





(1) complete the Programmatic Environmental Impact Statement for Solar Energy Development in Six Southwestern States (BLM/DES 10-59; DOE/EIS-0403) in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts of the development of renewable energy on such land and any amendments to the land use plans in effect on such land on the date of the enactment of this Act required for such development; andCommentsClose CommentsPermalink





(2) after conducting the analysis under paragraph (1), amend the land use plans referred to in such paragraph, as the Secretary determines is appropriate.CommentsClose CommentsPermalink





(b) Programmatic Environmental Impact Statements for National Forest System Land- Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall, with respect to National Forest System land--CommentsClose CommentsPermalink





(1) publish in the Federal Register a notice of intent to prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts of the development of renewable energy on such land and any amendments to the land use plans in effect on such land on the date of the enactment of this Act required for such development; andCommentsClose CommentsPermalink





(2) after conducting the analysis under paragraph (1), amend the land use plans referred to in such paragraph, as the Secretary determines is appropriate.CommentsClose CommentsPermalink





(c) Effect on Processing Applications- The requirement for completion of programmatic environmental impact statements under this section shall not result in any delay in processing or approving of applications for the development of renewable energy on covered land.CommentsClose CommentsPermalink

SEC. 4. PILOT PROGRAM FOR DEVELOPMENT OF RENEWABLE ENERGY ON PUBLIC LAND AND EXPANSION OF PILOT PROGRAM TO COVERED LAND.

(a) Pilot Program on Selected Public Land-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior shall establish a renewable energy leasing pilot program under which the Secretary conducts lease sales of certain sites located on covered land administered by the Secretary for purposes of carrying out renewable energy projects.CommentsClose CommentsPermalink





(2) SELECTION OF SITES ON COVERED LAND-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 90 days after the date the pilot program is established under paragraph (1), the Secretary shall select from covered land administered by the Secretary two sites for the development of renewable energy projects in each of the five regional areas of the United States, as follows:CommentsClose CommentsPermalink





(i) NORTHEAST- The Northeast region, consisting of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.CommentsClose CommentsPermalink





(ii) SOUTHEAST- The Southeast region, consisting of the District of Columbia and the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia.CommentsClose CommentsPermalink





(iii) CENTRAL- The Central region, consisting of the States of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Missouri, Nebraska, Ohio, and Wisconsin.CommentsClose CommentsPermalink





(iv) SOUTHWEST- The Southwest region, consisting of the States of Arizona, California, Colorado, Hawaii, Nevada, New Mexico, Oklahoma, and Texas.CommentsClose CommentsPermalink





(v) NORTHWEST- The Northwest region, consisting of the States of Alaska, Idaho, Minnesota, Montana, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.CommentsClose CommentsPermalink





(B) SITE SELECTION- In selecting sites under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink





(i) give a preference to sites that the Secretary determines--CommentsClose CommentsPermalink





(I) are likely to attract a high level of renewable energy industry interest;CommentsClose CommentsPermalink





(II) have a comparatively low value for resources other than renewable energy; andCommentsClose CommentsPermalink





(III) would serve as models for the expansion of the pilot program to other locations if the program is expanded under subsection (c);CommentsClose CommentsPermalink





(ii) take into consideration the value of the multiple resources of the covered land on which such sites are located; andCommentsClose CommentsPermalink





(iii) not select any site for which a right-of-way for site testing or construction has been issued under title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.).CommentsClose CommentsPermalink





(3) LEASE SALES OF PROJECT SITES-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in paragraph (4)(B)(i), not later than 180 days after the date on which sites are selected under paragraph (2), the Secretary shall offer each site for competitive leasing under such terms and conditions as the Secretary requires.CommentsClose CommentsPermalink





(B) BIDDING- Bidding on a site offered for lease under this subsection shall be--CommentsClose CommentsPermalink





(i) limited to one round;CommentsClose CommentsPermalink





(ii) open only to bidders who--CommentsClose CommentsPermalink





(I) submit a plan of development for such site together with the bid; andCommentsClose CommentsPermalink





(II) the Secretary determines are qualified under subparagraph (C)(ii); andCommentsClose CommentsPermalink





(iii) conducted using a bidding system selected by the Secretary, including--CommentsClose CommentsPermalink





(I) a cash bonus bids system requiring payment of the royalty established under this title;CommentsClose CommentsPermalink





(II) a variable royalty bids system based on a percentage of the gross proceeds from the sale of electricity produced from the site offered for lease, except that the royalty shall not be less than the royalty required under this title, together with a fixed cash bonus; orCommentsClose CommentsPermalink





(III) such other bidding system as ensures a fair return to the public consistent with the royalty established under this title.CommentsClose CommentsPermalink





(C) BIDDER QUALIFICATIONS- The Secretary shall--CommentsClose CommentsPermalink





(i) before conducting any lease sale under this subsection, establish qualification requirements for bidders on a site offered for lease that ensure that such bidders, with respect to renewable energy projects--CommentsClose CommentsPermalink





(I) are able to expeditiously develop such a project on the site;CommentsClose CommentsPermalink





(II) possess the financial resources necessary to complete such a project;CommentsClose CommentsPermalink





(III) possess knowledge of the technology needed to complete such a project;CommentsClose CommentsPermalink





(IV) meet the eligibility requirements for leasing under the first section of the Mineral Leasing Act (30 U.S.C. 181); andCommentsClose CommentsPermalink





(V) possess such other qualifications as the Secretary determines are necessary; andCommentsClose CommentsPermalink





(ii) using the requirements established under clause (i), determine whether a person is qualified to be a bidder on a site offered for lease under this subsection.CommentsClose CommentsPermalink





(D) CREDIT FOR BID PREPARATION EXPENDITURES- In the case of a site offered for lease under this subsection with respect to which more than one bid is submitted on the date of the lease sale of such site, the Secretary shall give credit to each person who submitted a bid with respect to such site for expenditures such person incurred in the preparation of such bid.CommentsClose CommentsPermalink





(E) FEES, CHARGES, AND COMMISSIONS- Section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734) shall apply to a bid submitted under this subsection.CommentsClose CommentsPermalink





(4) LEASE TERMS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary may establish such lease terms and conditions, including the duration of the lease with respect to any site offered for lease under this subsection.CommentsClose CommentsPermalink





(B) SHORT-TERM LEASES FOR DATA COLLECTION- In carrying out this subsection, the Secretary shall--CommentsClose CommentsPermalink





(i) offer on a noncompetitive basis a short-term lease on not less than one site selected under paragraph (2) for purposes of data collection; andCommentsClose CommentsPermalink





(ii) upon the expiration of the short-term lease, offer on a competitive basis a long-term lease, giving credit toward the bonus bid submitted with respect to the long-term lease to the holder of the short-term lease for any qualified expenditures made by such holder to collect data or to develop the site during such short-term lease.CommentsClose CommentsPermalink





(5) REVENUES- Subject to section 5, the Secretary may collect bonus bids, royalties, fees, or other payments (except rental payments) with respect to sites offered for lease under this subsection.CommentsClose CommentsPermalink





(6) REPORT- Not later than 90 days after the date on which the Secretary conducts the final lease sale under this subsection, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the results of each lease sale conducted under this subsection, including--CommentsClose CommentsPermalink





(A) the level of competitive interest;CommentsClose CommentsPermalink





(B) a summary of bids and revenues received; andCommentsClose CommentsPermalink





(C) any other factors that may have impacted the lease sale.CommentsClose CommentsPermalink





(7) OTHER LAWS-CommentsClose CommentsPermalink





(A) COMPLIANCE WITH LAND MANAGEMENT AND ENVIRONMENTAL LAWS- In offering sites for lease under this subsection, the Secretary shall comply with--CommentsClose CommentsPermalink





(i) all Federal laws applicable to public land or National Forest System land; andCommentsClose CommentsPermalink





(ii) Federal or State environmental laws or any other relevant laws.CommentsClose CommentsPermalink





(B) APPLICABILITY TO RENEWABLE ENERGY PROJECTS UNDER OTHER FEDERAL LAWS- Nothing in this subsection shall be construed so as to prohibit the Secretary from issuing rights-of-way with respect to renewable energy projects in compliance with other Federal laws and regulations in effect on the date of the enactment of this Act.CommentsClose CommentsPermalink





(8) ENFORCEMENT OF FEDERAL LAND POLICY MANAGEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Sections 302(c) and 303 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(c), 1733) shall apply to activities conducted on sites offered for lease under this subsection.CommentsClose CommentsPermalink





(B) EFFECT ON ENFORCEMENT AUTHORITY UNDER OTHER FEDERAL LAW- Nothing in this subsection shall be construed so as to reduce or limit the enforcement authority vested in the Secretary of the Interior or the Attorney General on covered land under any other Federal law.CommentsClose CommentsPermalink





(b) Temporary Extension of Pilot Program- Until final regulations are issued under subsection (c)(4), the Secretary of the Interior shall continue to carry out the pilot program under subsection (a) on the sites offered for lease under such subsection. The Secretary may extend any lease issued for such sites under subsection (a) under the same terms and conditions applicable to such lease on the date of the lease sale as necessary until final regulations are issued under subsection (c)(4) with respect to such sites.CommentsClose CommentsPermalink





(c) Expansion of Pilot Program to All Covered Land-CommentsClose CommentsPermalink





(1) JOINT DETERMINATION REQUIRED- Not later than 5 years after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly determine whether to expand the pilot program established under subsection (a) to apply to all covered land, including sites with respect to which leases were issued under subsection (a). In making such determination, the Secretary of the Interior and the Secretary of Agriculture shall--CommentsClose CommentsPermalink





(A) take into consideration the results of the pilot program;CommentsClose CommentsPermalink





(B) consult with--CommentsClose CommentsPermalink





(i) the heads of Federal agencies and relevant State agencies (including State fish and wildlife agencies);CommentsClose CommentsPermalink





(ii) interested States, Indian tribes, and local governments;CommentsClose CommentsPermalink





(iii) representatives of the renewable energy industries;CommentsClose CommentsPermalink





(iv) representatives of the environment, conservation, and outdoor sporting communities; andCommentsClose CommentsPermalink





(v) the public; andCommentsClose CommentsPermalink





(C) consider whether such expansion--CommentsClose CommentsPermalink





(i) provides an effective means of developing renewable energy; andCommentsClose CommentsPermalink





(ii) is in the public interest.CommentsClose CommentsPermalink





(2) EXPANSION AUTHORIZED- The pilot program shall be expanded only if the Secretary of the Interior and the Secretary of Agriculture determined to expand the pilot program under paragraph (1).CommentsClose CommentsPermalink





(3) REPORT ON JOINT DETERMINATION- Not later than 60 days after making the determination under paragraph (1) to expand the pilot program, the Secretary of the Interior and the Secretary of Agriculture shall jointly submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the basis and findings for the determination.CommentsClose CommentsPermalink





(4) REGULATIONS TO IMPLEMENT EXPANSION- Not later than one year after making a determination to expand the pilot program under paragraph (1), the Secretary of the Interior and the Secretary of Agriculture shall jointly issue final regulations to implement such expansion on covered land.CommentsClose CommentsPermalink





(5) APPLICABILITY OF PROVISIONS OF PILOT PROGRAM TO EXPANDED PROGRAM-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), paragraphs (3), (7), and (8) of subsection (a) shall apply to covered land offered for lease under this subsection in the same manner as such paragraphs apply to sites offered for lease under subsection (a), except that such paragraphs shall apply as if the terms ‘Secretary of the Interior’ and ‘Secretary’ read ‘Secretary concerned’.CommentsClose CommentsPermalink





(B) COMPETITIVE LEASING NOT REQUIRED UNDER CERTAIN CIRCUMSTANCES- The requirement under subsection (a)(3) that a lease be sold on a competitive basis shall not apply to a lease issued under this subsection if the Secretary concerned determines that--CommentsClose CommentsPermalink





(i) no competitive interest exists for the covered land offered for lease;CommentsClose CommentsPermalink





(ii) the public interest would not be served by the competitive issuance of a lease with respect to such covered land; orCommentsClose CommentsPermalink





(iii) the lease is for a purpose described in paragraph (7)(A)(ii).CommentsClose CommentsPermalink





(6) PAYMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to section 5, the Secretary of the Interior and the Secretary of Agriculture shall jointly establish fees, bonuses, or other payments (except rental payments) to ensure a fair return to the United States for any lease issued under this subsection.CommentsClose CommentsPermalink





(B) BONUS BIDS- The Secretary concerned may grant credit toward any bonus bid for a qualified expenditure by the holder of a lease described in paragraph (7)(A)(ii) in any competitive lease sale held for a long-term lease of the covered land that is the subject of the lease described in such paragraph.CommentsClose CommentsPermalink





(C) READJUSTMENT-CommentsClose CommentsPermalink





(i) IN GENERAL- Royalties and other terms and conditions of a lease issued under this subsection shall be subject to readjustment--CommentsClose CommentsPermalink





(I) on the date that is 15 years after the date on which the lease is issued; andCommentsClose CommentsPermalink





(II) every 10 years thereafter.CommentsClose CommentsPermalink





(ii) INDEXING- Effective on the first day of the first month beginning after the date of enactment of this Act and each year thereafter, the amount of royalties or other terms and conditions subject to readjustment under clause (i) shall be adjusted to reflect changes for the 12-month period ending on the most recent date for which data are available in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.CommentsClose CommentsPermalink





(7) LEASE DURATION, ADMINISTRATION, AND READJUSTMENT-CommentsClose CommentsPermalink





(A) DURATION-CommentsClose CommentsPermalink





(i) IN GENERAL- Except as provided in clause (ii), a lease issued under this subsection shall be for--CommentsClose CommentsPermalink





(I) an initial term of 25 years; andCommentsClose CommentsPermalink





(II) any additional period after the initial 25-year term during which electricity is being produced annually in commercial quantities from the lease.CommentsClose CommentsPermalink





(ii) DATA COLLECTION LEASES- In the case of a lease issued under this subsection for the placement and operation of a meteorological or data collection facility or for the development or demonstration of a new renewable energy technology, such lease shall have a term of not more than 5 years.CommentsClose CommentsPermalink





(B) ADMINISTRATION- The Secretary of the Interior and the Secretary of Agriculture shall jointly establish terms and conditions for the issuance, transfer, renewal, suspension, and cancellation of a lease issued under this subsection.CommentsClose CommentsPermalink





(C) READJUSTMENT PROVISION REQUIRED- Each lease issued under this subsection shall provide for readjustment in accordance with subparagraph (A).CommentsClose CommentsPermalink





(8) SURFACE-DISTURBING ACTIVITIES- The Secretary of the Interior and the Secretary of Agriculture shall jointly issue regulations regarding surface-disturbing activities conducted under any lease issued under this subsection, including any reclamation and other actions necessary for the conservation of surface resources.CommentsClose CommentsPermalink





(9) SECURITY-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary concerned shall require that the holder of a lease issued under this subsection--CommentsClose CommentsPermalink





(i) furnish a surety bond or other form of security, as prescribed by the Secretary;CommentsClose CommentsPermalink





(ii) provide for the reclamation and restoration of the covered land that is the subject of the lease; andCommentsClose CommentsPermalink





(iii) comply with such other requirements as the Secretary considers necessary to protect the interests of the public and the United States.CommentsClose CommentsPermalink





(B) PERIODIC REVIEW- Not less frequently than once every 5 years, the Secretary concerned shall conduct a review of the adequacy of the surety bond or other form of security provided by the holder of a lease issued under this subsection.CommentsClose CommentsPermalink

SEC. 5. ROYALTIES.

(a) In General- The Secretary concerned shall require as a term and condition of any lease issued under section 4, the payment of a royalty. The Secretary of the Interior and the Secretary of Agriculture shall establish such royalty pursuant to a joint rulemaking that shall be a percentage of the gross proceeds from the sale of electricity produced on covered land that is the subject of such lease at a rate that--CommentsClose CommentsPermalink





(1) encourages production of renewable energy;CommentsClose CommentsPermalink





(2) ensures a fair return to the public comparable to the return that would be obtained on State or private land; andCommentsClose CommentsPermalink





(3) encourages the maximum energy generation while disturbing the least quantity of covered land and other natural resources, including water.CommentsClose CommentsPermalink





(b) Consideration- In establishing the royalty under subsection (a), the Secretary of the Interior and the Secretary of Agriculture shall consider the relative capacity factors of the source of the renewable energy.CommentsClose CommentsPermalink





(c) Exclusive Payment on Sale of Electricity- The royalty under subsection (a) shall be the only rent, royalty, or similar payment to the Federal Government required with respect to the sale of electricity produced under a lease issued under section 4.CommentsClose CommentsPermalink





(d) Royalty Relief- The Secretary concerned may reduce the royalty rate established under subsection (a) if the holder of a lease issued under this title shows by clear and convincing evidence that--CommentsClose CommentsPermalink





(1) collection of the full royalty would unreasonably burden energy generation on covered land that is the subject of the lease; andCommentsClose CommentsPermalink





(2) the royalty reduction is in the public interest.CommentsClose CommentsPermalink





(e) Enforcement-CommentsClose CommentsPermalink





(1) AUDITING SYSTEM- The Secretary of the Interior and the Secretary of Agriculture shall jointly establish a comprehensive inspection, collection, fiscal, and production accounting and auditing system--CommentsClose CommentsPermalink





(A) to accurately determine royalties, interest, fines, penalties, fees, deposits, and other payments owed under this title; andCommentsClose CommentsPermalink





(B) to collect and account for the payments in a timely manner.CommentsClose CommentsPermalink





(2) APPLICABILITY OF FEDERAL OIL AND ROYALTY MANAGEMENT ACT- The provisions of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.) (including the civil and criminal enforcement provisions of such Act) shall apply to leases issued under this title with respect to renewable energy projects in the same manner as such provisions apply to oil and gas leases.CommentsClose CommentsPermalink





(f) Report on Royalties- Not later than 5 years after the date of the enactment of this Act and every 5 years thereafter, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report consisting of a review of the collections and impacts of the royalties and fees collected under this title, including--CommentsClose CommentsPermalink





(1) the total revenues received (by category) on an annual basis as royalties from renewable energy development and production (specified by energy source) on covered land;CommentsClose CommentsPermalink





(2) whether the revenues received from the development of renewable energy development are comparable to the revenues received for similar development on State or private land;CommentsClose CommentsPermalink





(3) any impact on the development of renewable energy development and production on covered land as a result of the royalties; andCommentsClose CommentsPermalink





(4) any recommendations with respect to changes in Federal law (including regulations) relating to the amount or method of collection (including auditing, compliance, and enforcement) of the royalties.CommentsClose CommentsPermalink





(g) Regulations- Not later than one year after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly issue final regulations to carry out this section.CommentsClose CommentsPermalink

SEC. 6. DISPOSITION OF ROYALTY REVENUE.

(a) Allocation of Revenue- Effective beginning on the date of the enactment of this Act, all amounts collected by the Secretary concerned as royalties or bonuses under subsection (a)(5) or (c)(6) of section 4, shall be distributed as follows:CommentsClose CommentsPermalink





(1) Twenty-five percent shall be paid by the Secretary of the Treasury to States within the boundaries of which the royalties or bonuses are derived, to be allocated among such States based on the percentage of covered land from which such royalties or bonuses are derived in each State.CommentsClose CommentsPermalink





(2) Twenty-five percent shall be paid by the Secretary of the Treasury to the counties within the boundaries of which the royalties or bonuses are derived, to be allocated among such counties based on the percentage of covered land from which such royalties or bonuses are derived in each county.CommentsClose CommentsPermalink





(3) Twenty-five percent shall be deposited in the Fund (established by subsection (b)).CommentsClose CommentsPermalink





(4) For the period that begins on the date of the enactment of this Act and ending on the date that is 15 years after the date of the enactment of this Act, 15 percent shall be paid by the Secretary of the Treasury directly to the State offices of the Bureau of Land Management in States within the boundaries of which the royalties or bonuses are derived for purposes of reducing the number of renewable energy permits that have not been processed before the date of the enactment of this Act, to be allocated among such State offices based on the percentage of covered land from which the royalties or bonuses are derived in each State.CommentsClose CommentsPermalink





(5) The remainder shall be deposited into the general fund of the Treasury for purposes of reducing the annual Federal budget deficit.CommentsClose CommentsPermalink





(b) Renewable Energy Resource Conservation Fund-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States a Renewable Energy Resource Conservation Fund to be administered by the Secretary of the Interior.CommentsClose CommentsPermalink





(2) USE OF FUNDS- The Secretary shall use amounts in the Fund to make payments to State agencies, Federal agencies, or other interested persons for use for--CommentsClose CommentsPermalink





(A) mitigating the impacts of renewable energy on Federal land, including--CommentsClose CommentsPermalink





(i) protecting fish and wildlife corridors and other sensitive land; andCommentsClose CommentsPermalink





(ii) restoring fish and wildlife habitat; andCommentsClose CommentsPermalink





(B) carrying out any activity authorized under Public Law 88-578 (16 U.S.C. 460l-4 et seq.) in the State, except for the acquisition of land, water, or interests therein within such State.CommentsClose CommentsPermalink





(3) AVAILABILITY OF AMOUNTS- Amounts in the Fund shall be available for expenditure, in accordance with this subsection, without further appropriation and without fiscal year limitation.CommentsClose CommentsPermalink





(4) INVESTMENT OF FUND-CommentsClose CommentsPermalink





(A) IN GENERAL- Any amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities.CommentsClose CommentsPermalink





(B) USE- Any interest earned under subparagraph (A) may be expended in accordance with this subsection.CommentsClose CommentsPermalink





(c) Allocation for Permitting After Expiration of 15-Year Period-CommentsClose CommentsPermalink





(1) CERTIFICATION BY SECRETARY- At the end of the 15-year period described in subsection (a)(4), the Secretary shall certify whether the State offices referred to in such subsection have adequately reduced the renewable energy permitting backlog referred to in such subsection.CommentsClose CommentsPermalink





(2) ALLOCATION AFTER CERTIFICATION- If the Secretary certifies under paragraph (1) that--CommentsClose CommentsPermalink





(A) the State offices referred to in such paragraph have not adequately reduced the backlog referred to in such paragraph--CommentsClose CommentsPermalink





(i) the 15-year period described in subsection (a)(4) shall be extended by an additional 15-year period; andCommentsClose CommentsPermalink





(ii) payments shall continue to be made during that period as described in such subsection; orCommentsClose CommentsPermalink





(B) the State offices referred to in such paragraph have adequately reduced such backlog--CommentsClose CommentsPermalink





(i) two-thirds of the amount otherwise required to be paid under subsection (a)(4) shall be added to the amount deposited in the Fund established under subsection (b); andCommentsClose CommentsPermalink





(ii) one-third of such amount shall be deposited into the general fund of the Treasury for purposes of reducing the annual Federal budget deficit.CommentsClose CommentsPermalink





(d) Payments to States and Counties- Amounts paid to States and counties under subsection (a) shall be used in a manner that is consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).CommentsClose CommentsPermalink

SEC. 7. REPORT AND ENVIRONMENTAL IMPACT ANALYSIS ON DEVELOPMENT OF RENEWABLE ENERGY ON MILITARY INSTALLATIONS.

(a) Report- Not later than two years after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Interior, shall submit to the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives and the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate a report that--CommentsClose CommentsPermalink





(1) identifies locations on military installations in the United States that--CommentsClose CommentsPermalink





(A) exhibit a high potential for renewable energy production;CommentsClose CommentsPermalink





(B) are disturbed or otherwise have a comparatively low value for uses other than for renewable energy production; andCommentsClose CommentsPermalink





(C) could be developed for renewable energy production in a manner consistent with all present and reasonably foreseeable military training and operational missions and research, development, testing, and evaluation requirements;CommentsClose CommentsPermalink





(2) describes the actions necessary for the administration of the development of commercial-scale renewable energy projects on military installations in the United States, including the legal authorities governing authorization for that use; andCommentsClose CommentsPermalink





(3) makes recommendations regarding--CommentsClose CommentsPermalink





(A) necessary changes to Federal law (including regulations) for the development of renewable energy projects;CommentsClose CommentsPermalink





(B) the legal instruments available to carry out such development, including a lease, contract, right-of-way, permit, or other form of authorization;CommentsClose CommentsPermalink





(C) methods of improving coordination among the Federal, State, and local agencies, if any, involved in authorizing such development; andCommentsClose CommentsPermalink





(D) the disposition of revenues resulting from such development.CommentsClose CommentsPermalink





(b) Environmental Impact Analysis- Not later than one year after the report is submitted under subsection (a), the Secretary of Defense, in consultation with the Secretary of the Interior, shall publish in the Federal Register a notice of intent to prepare an environmental impact analysis to support the development of renewable energy on the locations identified in the report submitted under subsection (a) as suitable for renewable energy production.CommentsClose CommentsPermalink

SEC. 8. STUDY AND REPORT ON MITIGATION BANKING.

(a) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall carry out a study to determine the feasibility of carrying out a mitigation banking program on Federal land administered by the Secretary of the Interior or the Secretary of Agriculture for purposes of offsetting the impacts of renewable energy on such Federal land.CommentsClose CommentsPermalink





(2) CONTENTS- The study under paragraph (1) shall--CommentsClose CommentsPermalink





(A) identify areas in which--CommentsClose CommentsPermalink





(i) privately owned land is not available to offset the impacts of renewable energy development on Federal land administered by the Secretary of the Interior or the Secretary of Agriculture; orCommentsClose CommentsPermalink





(ii) mitigation investments on such Federal land are likely to provide greater conservation value for the impacts of renewable energy development on such Federal land; andCommentsClose CommentsPermalink





(B) examine--CommentsClose CommentsPermalink





(i) the effectiveness of laws (including regulations) and policies in effect on the date of the enactment of this Act in facilitating the development of mitigation banks;CommentsClose CommentsPermalink





(ii) the advantages and disadvantages of using mitigation banks on such Federal land to mitigate impacts to natural resources on private land; andCommentsClose CommentsPermalink





(iii) any changes in Federal law (including regulations) or policy necessary to further develop a Federal mitigation banking program.CommentsClose CommentsPermalink





(b) Report to Congress- Not later than 18 months after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly submit to Congress a report that includes--CommentsClose CommentsPermalink





(1) the recommendations of the Secretary of the Interior and the Secretary of Agriculture relating to--CommentsClose CommentsPermalink





(A) the most effective system for Federal land administered by the Secretary of the Interior or the Secretary of Agriculture to meet the goals of facilitating the development of a mitigation banking program on such Federal land; andCommentsClose CommentsPermalink





(B) any change to Federal law (including regulations) or policy necessary to address more effectively the siting, development, and management of mitigation banking programs on such Federal land to mitigate impacts to natural resources on private land; andCommentsClose CommentsPermalink





(2) any administrative action to be taken by the Secretary of the Interior and the Secretary of Agriculture in response to the recommendations.CommentsClose CommentsPermalink





(c) Availability to the Public- Not later than 30 days after the date on which the report described in subsection (b) is submitted to Congress, the Secretary of the Interior and the Secretary of Agriculture shall make the results of the study available to the public.CommentsClose CommentsPermalink