S 279 ISCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 279CommentsClose CommentsPermalink

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

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 11, 2013CommentsClose CommentsPermalink

Mr. TESTER (for himself, Mr. HELLER, Mr. UDALL of Colorado, Mr. UDALL of New Mexico, Mr. RISCH, Mr. HEINRICH, Mr. BAUCUS, and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To promote the development of renewable energy on public 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 ‘Public Land Renewable Energy Development Act of 2013’.CommentsClose CommentsPermalink





(1) TABLE OF CONTENTS- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





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

TITLE I--GEOTHERMAL ENERGY

Sec. 101. Extension of funding for implementation of Geothermal Steam Act of 1970.CommentsClose CommentsPermalink

TITLE II--DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND

Sec. 201. Definitions.CommentsClose CommentsPermalink





Sec. 202. Programmatic environmental impact statements and land use planning.CommentsClose CommentsPermalink





Sec. 203. Development of solar and wind energy on public land.CommentsClose CommentsPermalink





Sec. 204. Disposition of revenues.CommentsClose CommentsPermalink





Sec. 205. Royalties.CommentsClose CommentsPermalink





Sec. 206. Enforcement of royalty and payment provisions.CommentsClose CommentsPermalink





Sec. 207. Enforcement.CommentsClose CommentsPermalink





Sec. 208. Segregation from appropriation under mining and Federal land laws.CommentsClose CommentsPermalink





Sec. 209. Report.CommentsClose CommentsPermalink





Sec. 210. Applicability of law.CommentsClose CommentsPermalink

TITLE I--GEOTHERMAL ENERGYCommentsClose CommentsPermalink

SEC. 101. EXTENSION OF FUNDING FOR IMPLEMENTATION OF GEOTHERMAL STEAM ACT OF 1970.

(a) In General- Section 234(a) of the Energy Policy Act of 2005 (42 U.S.C. 15873(a)) is amended by striking ‘in the first 5 fiscal years beginning after the date of enactment of this Act’ and inserting ‘through fiscal year 2020’.CommentsClose CommentsPermalink





(b) Authorization- Section 234(b) of the Energy Policy Act of 2005 (42 U.S.C. 15873(b)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Amounts’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- Amounts’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) AUTHORIZATION- Effective for fiscal year 2013 and each fiscal year thereafter, amounts deposited under subsection (a) shall be available to the Secretary of the Interior for expenditure, subject to appropriation and without fiscal year limitation, to implement the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and this Act.’.CommentsClose CommentsPermalink

TITLE II--DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LANDCommentsClose CommentsPermalink

SEC. 201. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





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





(A)(i) public land administered by the Secretary; orCommentsClose CommentsPermalink





(ii) National Forest System land administered by the Secretary of Agriculture; andCommentsClose CommentsPermalink





(B) not excluded from the development of solar or wind energy under--CommentsClose CommentsPermalink





(i) a 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 land use plan established under the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); orCommentsClose CommentsPermalink





(iii) other law.CommentsClose CommentsPermalink





(2) PILOT PROGRAM- The term ‘pilot program’ means the wind and solar leasing pilot program established under section 203(a).CommentsClose CommentsPermalink





(3) 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





(4) SECRETARIES- The term ‘Secretaries’ means--CommentsClose CommentsPermalink





(A) in the case of public land administered by the Secretary, the Secretary; andCommentsClose CommentsPermalink





(B) in the case of National Forest System land administered by the Secretary of Agriculture, the Secretary of Agriculture.CommentsClose CommentsPermalink





(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink

SEC. 202. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS AND LAND USE PLANNING.

(a) National Forest System Land- As soon as practicable but not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture shall--CommentsClose CommentsPermalink





(1) prepare and 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--CommentsClose CommentsPermalink





(A) a program to develop solar and wind energy on National Forest System land administered by the Secretary of Agriculture; andCommentsClose CommentsPermalink





(B) any necessary amendments to land use plans for the land; andCommentsClose CommentsPermalink





(2) amend any land use plans as appropriate to provide for the development of renewable energy in areas considered appropriate by the Secretary of Agriculture immediately on completion of the programmatic environmental impact statement.CommentsClose CommentsPermalink





(b) 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 applications for wind or solar development on National Forest System land.CommentsClose CommentsPermalink





(c) Military Installations-CommentsClose CommentsPermalink





(1) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Interior, shall conduct a study, and prepare a report, for States that have not completed the analysis that--CommentsClose CommentsPermalink





(A) identifies locations on land withdrawn from the public domain and reserved for military purposes that--CommentsClose CommentsPermalink





(i) exhibit a high potential for solar, wind, geothermal, or other renewable energy production;CommentsClose CommentsPermalink





(ii) are disturbed or otherwise have comparatively low value for other resources; andCommentsClose CommentsPermalink





(iii) 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; andCommentsClose CommentsPermalink





(B) describes the administration of public land withdrawn for military purposes for the development of commercial-scale renewable energy projects, including the legal authorities governing authorization for that use.CommentsClose CommentsPermalink





(2) ENVIRONMENTAL IMPACT ANALYSIS- Not later than 1 year after the completion of the study required by paragraph (1), the Secretary of Defense, in consultation with the Secretary of the Interior, shall prepare and publish in the Federal Register a notice of intent to prepare an environmental impact analysis document to support a program to develop renewable energy on withdrawn military land identified in the study as suitable for the production.CommentsClose CommentsPermalink





(3) REPORTS- On completion of the report, the Secretary and the Secretary of Defense shall jointly submit the report required by paragraph (1) to--CommentsClose CommentsPermalink





(A) the Committee on Armed Services of the Senate;CommentsClose CommentsPermalink





(B) the Committee on Energy and Natural Resources of the Senate;CommentsClose CommentsPermalink





(C) the Committee on Armed Services of the House of Representatives; andCommentsClose CommentsPermalink





(D) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink

SEC. 203. DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND.

(a) Pilot Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a wind and solar leasing pilot program on covered land administered by the Secretary.CommentsClose CommentsPermalink





(2) SELECTION OF SITES-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 90 days after the date the pilot program is established under this subsection, the Secretary shall (taking into consideration the multiple resource values of the land) select 2 sites that are appropriate for the development of a solar energy project, and 2 sites that are appropriate for the development of a wind energy project, on covered land administered by the Secretary as part of the pilot program.CommentsClose CommentsPermalink





(B) SITE SELECTION- In carrying out subparagraph (A), the Secretary shall seek to select sites--CommentsClose CommentsPermalink





(i) for which there is likely to be a high level of industry interest;CommentsClose CommentsPermalink





(ii) that have a comparatively low value for other resources; andCommentsClose CommentsPermalink





(iii) that are representative of sites on which solar or wind energy is likely to be developed on covered land.CommentsClose CommentsPermalink





(C) INELIGIBLE SITES- The Secretary shall not select as part of the pilot program any site for which a notice of intent has been issued.CommentsClose CommentsPermalink





(3) QUALIFICATIONS- Prior to any lease sale, the Secretary shall establish qualifications for bidders that ensure bidders--CommentsClose CommentsPermalink





(A) are able to expeditiously develop a wind or solar energy project on the site for lease;CommentsClose CommentsPermalink





(B) possess--CommentsClose CommentsPermalink





(i) financial resources necessary to complete a project;CommentsClose CommentsPermalink





(ii) knowledge of the applicable technology; andCommentsClose CommentsPermalink





(iii) such other qualifications as are determined appropriate by the Secretary; andCommentsClose CommentsPermalink





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





(4) LEASE SALES-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (D)(ii), not later than 180 days after the date sites are selected under paragraph (2), the Secretary shall offer each site for competitive leasing to qualified bidders under such terms and conditions as are required by the Secretary.CommentsClose CommentsPermalink





(B) BIDDING SYSTEMS-CommentsClose CommentsPermalink





(i) IN GENERAL- In offering the sites for lease, the Secretary may vary the bidding systems to be used at each lease sale, to ensure a fair return to the public, including--CommentsClose CommentsPermalink





(I) cash bonus bids with a requirement for payment of the royalty established under this Act;CommentsClose CommentsPermalink





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





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





(ii) ROUND- The Secretary shall limit bidding to 1 round in any lease sale.CommentsClose CommentsPermalink





(iii) EXPENDITURES- In any case in which the land that is subject to lease has 1 or more pending applications for the development of wind or solar energy at the time of the lease sale, the Secretary shall give credit toward any bid submitted by the applicant for expenditures of the applicant considered by the Secretary to be qualified and necessary for the preparation of the application.CommentsClose CommentsPermalink





(C) REVENUES- Bonus bids, royalties, rentals, fees, or other payments collected by the Secretary under this section shall be subject to section 204.CommentsClose CommentsPermalink





(D) LEASE TERMS-CommentsClose CommentsPermalink





(i) IN GENERAL- As part of the pilot program, the Secretary may vary the length of the lease terms and establish such other lease terms and conditions as the Secretary considers appropriate.CommentsClose CommentsPermalink





(ii) DATA COLLECTION- As part of the pilot program, the Secretary shall--CommentsClose CommentsPermalink





(I) offer on a noncompetitive basis on at least 1 site a short-term lease for data collection; andCommentsClose CommentsPermalink





(II) on the expiration of the short-term lease, offer on a competitive basis a long-term lease, giving credit toward the bonus bid to the holder of the short-term lease for any qualified expenditures to collect data to develop the site during the short-term lease.CommentsClose CommentsPermalink





(5) COMPLIANCE WITH LAWS- In offering for lease the selected sites under paragraph (4), the Secretary shall comply with all applicable environmental and other laws.CommentsClose CommentsPermalink





(6) REPORT- The Secretary shall--CommentsClose CommentsPermalink





(A) compile a report of the results of each lease sale under the pilot program, including--CommentsClose CommentsPermalink





(i) the level of competitive interest;CommentsClose CommentsPermalink





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





(iii) any other factors that may have impacted the lease sale process; andCommentsClose CommentsPermalink





(B) not later than 90 days after the final lease sale, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the report described in subparagraph (A).CommentsClose CommentsPermalink





(7) RIGHTS-OF-WAY- During the pendency of the pilot program, the Secretary shall continue to issue rights-of-way, in compliance with authority in effect on the date of enactment of this Act, for available sites not selected for the pilot program.CommentsClose CommentsPermalink





(b) Secretarial Determination-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretaries shall make a joint determination on whether to establish a leasing program under this section for wind or solar energy, or both, on all covered land.CommentsClose CommentsPermalink





(2) SYSTEM- If the Secretaries determine that a leasing program should be established, the program shall apply to all covered land in accordance with this Act and other provisions of law applicable to public land or National Forest System land.CommentsClose CommentsPermalink





(3) ESTABLISHMENT- The Secretaries shall establish a leasing program unless the Secretaries determine that the program--CommentsClose CommentsPermalink





(A) is not in the public interest; andCommentsClose CommentsPermalink





(B) does not provide an effective means of developing wind or solar energy.CommentsClose CommentsPermalink





(4) CONSULTATION- In making the determinations required under this subsection, the Secretaries shall consult with--CommentsClose CommentsPermalink





(A) the heads of other relevant Federal agencies;CommentsClose CommentsPermalink





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





(C) representatives of the solar and wind industries;CommentsClose CommentsPermalink





(D) representatives of the environment, conservation, and outdoor sporting communities;CommentsClose CommentsPermalink





(E) other users of the covered land; andCommentsClose CommentsPermalink





(F) the public.CommentsClose CommentsPermalink





(5) CONSIDERATIONS- In making the determinations required under this subsection, the Secretaries shall consider the results of the pilot program.CommentsClose CommentsPermalink





(6) REGULATIONS- Not later than 1 year after the date on which any determination is made to establish a leasing program, the Secretaries shall jointly promulgate final regulations to implement the program.CommentsClose CommentsPermalink





(7) REPORT- If the Secretaries determine that a leasing program should not be established, not later than 60 days after the date of the determination, the Secretaries 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





(c) Transition-CommentsClose CommentsPermalink





(1) IN GENERAL- If the Secretaries determine under subsection (b) that a leasing program should be established for covered land, until the program is established and final regulations for the program are issued--CommentsClose CommentsPermalink





(A) the Secretary shall continue to accept applications for rights-of-way on covered land, and provide for the issuance of rights-of-way on covered land within the jurisdiction of the Secretary for the development of wind or solar energy pursuant to each requirement described in title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) and other applicable law; andCommentsClose CommentsPermalink





(B) the Secretary of Agriculture shall continue to accept applications for authorizations, and provide for the issuance of the authorizations, for the development of wind or solar energy on covered land within the jurisdiction of the Secretary pursuant to applicable law.CommentsClose CommentsPermalink





(2) EXISTING RIGHTS-OF-WAY AND AUTHORIZATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Effective beginning on the date on which the wind or solar leasing programs are established and final regulations are issued, the Secretaries shall not renew an existing right-of-way or other authorization for wind or solar energy development at the end of the term of the right-of-way or authorization.CommentsClose CommentsPermalink





(B) LEASE-CommentsClose CommentsPermalink





(i) IN GENERAL- Subject to clause (ii), at the end of the term of the right-of-way or other authorization for the wind or solar energy project, the Secretary or, in the case of National Forest System land, the Secretary of Agriculture, shall grant, without a competitive process, a lease to the holder of the right-of-way or other authorization for the same covered land as was authorized under the right-of-way or other authorization if (as determined by the Secretary concerned)--CommentsClose CommentsPermalink





(I) the holder of the right-of-way or other authorization has met the requirements of diligent development; andCommentsClose CommentsPermalink





(II) issuance of the lease is in the public interest and consistent with applicable law.CommentsClose CommentsPermalink





(ii) TERMS AND CONDITIONS- Any lease described in clause (i) shall be subject to--CommentsClose CommentsPermalink





(I) terms and conditions that are consistent with this Act and the regulations issued under this Act; andCommentsClose CommentsPermalink





(II) the regulations in effect on the date of renewal and any other terms and conditions that the Secretary considers necessary to protect the public interest.CommentsClose CommentsPermalink





(3) PENDING RIGHTS-OF-WAY- Effective beginning on the date on which the wind or solar leasing programs are established and final regulations for the programs are issued, the Secretary or, with respect to National Forest System land, the Secretary of Agriculture shall provide any applicant that has filed a plan of development for a right-of-way or, in the case of National Forest System land, for an applicable authorization, for a wind or solar energy project with an option to acquire a lease on a noncompetitive basis, under such terms and conditions as are required by this Act, applicable regulations, and the Secretary concerned, for the same covered land included in the plan of development if--CommentsClose CommentsPermalink





(A) the plan of development has been determined by the Secretary concerned to be adequate for the initiation of environmental review;CommentsClose CommentsPermalink





(B) granting the lease is consistent with all applicable land use planning, environmental, and other laws;CommentsClose CommentsPermalink





(C) the applicant has made a good faith effort to obtain a right-of-way or, in the case of National Forest System land, other authorization, for the project; andCommentsClose CommentsPermalink





(D) issuance of the lease is in the public interest.CommentsClose CommentsPermalink





(d) Leasing Program- If the Secretaries determine under subsection (b) that a leasing program should be established, the program shall be established in accordance with subsections (e) through (k).CommentsClose CommentsPermalink





(e) Competitive Leases-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), leases for wind or solar energy development under this section shall be issued on a competitive basis with a single round of bidding in any lease sale.CommentsClose CommentsPermalink





(2) EXCEPTIONS- Paragraph (1) shall not apply if the Secretary or, with respect to National Forest System land, the Secretary of Agriculture determines that--CommentsClose CommentsPermalink





(A) no competitive interest exists for the covered land;CommentsClose CommentsPermalink





(B) the public interest would not be served by the competitive issuance of a lease;CommentsClose CommentsPermalink





(C) the lease is for the placement and operation of a meteorological or data collection facility or for the development or demonstration of a new wind or solar technology and has a term of not more than 5 years; orCommentsClose CommentsPermalink





(D) the covered land is eligible to be granted a noncompetitive lease under subsection (c).CommentsClose CommentsPermalink





(f) Payments-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretaries shall jointly establish--CommentsClose CommentsPermalink





(A) fees, rentals, bonuses, or other payments to ensure a fair return to the United States for any lease issued under this section; andCommentsClose CommentsPermalink





(B) royalties pursuant to section 205 that apply to all leases issued under this section.CommentsClose CommentsPermalink





(2) BONUS BIDS- The Secretaries may grant credit toward any bonus bid for a qualified expenditure by the holder of a lease described in subsection (e)(2)(C) in any competitive lease sale held for a long-term lease covering the same land covered by the lease described in subsection (e)(2)(C).CommentsClose CommentsPermalink





(g) Qualifications- Prior to any lease sale, the Secretary shall establish qualifications for bidders that ensure bidders meet the requirements described in subsection (a)(3).CommentsClose CommentsPermalink





(h) Requirements- The Secretaries shall ensure that any activity under a leasing program is carried out in a manner that--CommentsClose CommentsPermalink





(1) is consistent with all applicable land use planning, environmental, and other laws; andCommentsClose CommentsPermalink





(2) provides for--CommentsClose CommentsPermalink





(A) safety;CommentsClose CommentsPermalink





(B) protection of the environment and fish and wildlife habitat;CommentsClose CommentsPermalink





(C) mitigation of impacts;CommentsClose CommentsPermalink





(D) prevention of waste;CommentsClose CommentsPermalink





(E) diligent development of the resource, with specific milestones to be met by the lessee as determined by the Secretaries;CommentsClose CommentsPermalink





(F) coordination with applicable Federal agencies;CommentsClose CommentsPermalink





(G) a fair return to the United States for any lease;CommentsClose CommentsPermalink





(H) use of best management practices, including planning and practices for mitigation of impacts;CommentsClose CommentsPermalink





(I) public notice and comment on any proposal submitted for a lease under this section;CommentsClose CommentsPermalink





(J) oversight, inspection, research, monitoring, and enforcement relating to a lease under this section;CommentsClose CommentsPermalink





(K) the quantity of acreage to be commensurate with the size of the project covered by a lease; andCommentsClose CommentsPermalink





(L) efficient use of water resources.CommentsClose CommentsPermalink





(i) Lease Duration, Suspension, and Cancellation-CommentsClose CommentsPermalink





(1) DURATION- A lease under this section shall be for--CommentsClose CommentsPermalink





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





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





(2) ADMINISTRATION- The Secretary shall establish terms and conditions for the issuance, transfer, renewal, suspension, and cancellation of a lease under this section.CommentsClose CommentsPermalink





(3) READJUSTMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Royalties, rentals, and other terms and conditions of a lease under this section 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





(B) LEASE- Each lease issued under this Act shall provide for readjustment in accordance with subparagraph (A).CommentsClose CommentsPermalink





(j) Surface-Disturbing Activities- The Secretaries shall--CommentsClose CommentsPermalink





(1) regulate all surface-disturbing activities conducted pursuant to any lease issued under this section; andCommentsClose CommentsPermalink





(2) require any necessary reclamation and other actions under the lease as are required in the interest of conservation of surface resources.CommentsClose CommentsPermalink





(k) Security- The Secretaries shall require the holder of a lease issued under this section--CommentsClose CommentsPermalink





(1) to furnish a surety bond or other form of security, as prescribed by the Secretaries;CommentsClose CommentsPermalink





(2) to provide for the reclamation and restoration of the area covered by the lease; andCommentsClose CommentsPermalink





(3) to comply with such other requirements as the Secretaries consider necessary to protect the interests of the public and the United States.CommentsClose CommentsPermalink





(l) Periodic Review- Not less frequently than once every 5 years, the Secretary 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 section.CommentsClose CommentsPermalink

SEC. 204. DISPOSITION OF REVENUES.

(a) Disposition of Revenues- Of the amounts collected as bonus bids, royalties, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization for the development of wind or solar energy on covered land--CommentsClose CommentsPermalink





(1) 25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the income is derived;CommentsClose CommentsPermalink





(2) 25 percent shall be paid by the Secretary of the Treasury to the 1 or more counties within the boundaries of which the income is derived;CommentsClose CommentsPermalink





(3) 15 percent shall--CommentsClose CommentsPermalink





(A) for the period beginning on the date of enactment of this Act and ending on date the date that is 15 years after the date of enactment of this Act, be deposited in the Treasury of the United States to help facilitate the processing of renewable energy permits by the Bureau of Land Management, including the transfer of the funds by the Bureau of Land Management to other Federal agencies and State agencies to facilitate the processing of renewable energy permits on Federal land; andCommentsClose CommentsPermalink





(B) beginning on the date that is 15 years after the date of enactment of this Act, be deposited in the Fund; andCommentsClose CommentsPermalink





(4) 35 percent shall be deposited in the Renewable Energy Resource Conservation Fund established by subsection (c).CommentsClose CommentsPermalink





(b) Payments to States and Counties-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), amounts paid to States and counties under subsection (a) shall be used consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).CommentsClose CommentsPermalink





(2) IMPACTS ON FEDERAL LAND- Not less than 33 percent of the amount paid to a State shall be used on an annual basis for the purposes described in subsection (c)(2)(A).CommentsClose CommentsPermalink





(c) Renewable Energy Resource Conservation Fund-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established in the Treasury a fund, to be known as the ‘Renewable Energy Resource Conservation Fund’, to be administered by the Secretary for use in regions impacted by the development of wind or solar energy.CommentsClose CommentsPermalink





(2) USE-CommentsClose CommentsPermalink





(A) IN GENERAL- Amounts in the Fund shall be available to the Secretary, who may make amounts available to the Secretary of Agriculture and to other Federal or State agencies, as appropriate, for the purposes of--CommentsClose CommentsPermalink





(i) addressing and offsetting the impacts of wind or solar development on Federal land, including restoring and protecting--CommentsClose CommentsPermalink





(I) fish and wildlife habitat for affected species;CommentsClose CommentsPermalink





(II) fish and wildlife corridors for affected species; andCommentsClose CommentsPermalink





(III) water resources in areas impacted by wind or solar energy development;CommentsClose CommentsPermalink





(ii) securing recreational access to Federal land through an easement, right-of-way, or fee title acquisition from willing sellers for the purpose of providing enhanced public access to existing Federal land that is inaccessible or significantly restricted; andCommentsClose CommentsPermalink





(iii) carrying out activities authorized under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) in the State.CommentsClose CommentsPermalink





(B) ADVISORY BOARD- The Secretary shall establish an independent advisory board composed of key stakeholders and technical experts to provide recommendations and guidance on the disposition of any amounts expended from the Fund.CommentsClose CommentsPermalink





(3) MITIGATION REQUIREMENTS- The expenditure of funds under this subsection shall be in addition to any mitigation requirements imposed pursuant to any law, regulation, or term or condition of any lease, right-of-way, or other authorization.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

SEC. 205. ROYALTIES.

(a) In General- The Secretaries shall require as a term and condition of any lease, right-of-way, permit, or other authorization for the development of wind or solar energy on covered land the payment of a royalty established by the Secretaries pursuant to a joint rulemaking that shall be a percentage of the gross proceeds from the sale of electricity at a rate that--CommentsClose CommentsPermalink





(1) encourages production of solar or wind energy;CommentsClose CommentsPermalink





(2) ensures a fair return to the public comparable to the return that would be obtained on State and 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) Amount- The royalty on electricity produced using wind or solar resources shall be--CommentsClose CommentsPermalink





(1) not less than 1 percent, and not more than 2.5 percent, of the gross proceeds from the sale of electricity produced from the resources during the first 10 years of production; andCommentsClose CommentsPermalink





(2) not less than 2 percent, and not more than 5 percent, of the gross proceeds from the sale of electricity produced from the resources during each year after that initial 10-year period.CommentsClose CommentsPermalink





(c) Different Royalty Rates- The Secretaries may establish--CommentsClose CommentsPermalink





(1) a different royalty rate for wind or solar energy generation; andCommentsClose CommentsPermalink





(2) a reduced royalty rate for projects located within a zone identified for development of solar or wind energy.CommentsClose CommentsPermalink





(d) Royalty in Lieu of Rent- During the period of production, a royalty shall be collected in lieu of any rent for the land from which the electricity is produced.CommentsClose CommentsPermalink





(e) Royalty Relief- To promote the generation of renewable energy, the Secretaries may reduce any royalty otherwise required on a showing by clear and convincing evidence by the person holding a lease, right-of-way, permit, or other authorization for the development of wind or solar energy on covered land under which the generation of energy is or will be produced in commercial quantities that--CommentsClose CommentsPermalink





(1) collection of the full royalty would unreasonably burden energy generation; andCommentsClose CommentsPermalink





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





(f) Periodic Review and Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary, in consultation with the Secretary of Agriculture, shall--CommentsClose CommentsPermalink





(A) complete a review of collections and impacts of the royalty and fees provided under this Act; andCommentsClose CommentsPermalink





(B) 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 results of the review.CommentsClose CommentsPermalink





(2) TOPICS- The report shall address--CommentsClose CommentsPermalink





(A) the total revenues received (by category) on an annual basis as royalties from wind, solar, and geothermal development and production (specified by energy source) on covered land;CommentsClose CommentsPermalink





(B) whether the revenues received for the development of wind, solar, and geothermal development are comparable to the revenues received for similar development on State and private land;CommentsClose CommentsPermalink





(C) any impact on the development of wind, solar, and geothermal development and production on covered land as a result of the royalties; andCommentsClose CommentsPermalink





(D) 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 1 year after the date of enactment of this Act, the Secretaries shall jointly issue final regulations to carry out this section.CommentsClose CommentsPermalink

SEC. 206. ENFORCEMENT OF ROYALTY AND PAYMENT PROVISIONS.

(a) Duties of the Secretary- The Secretary shall establish a comprehensive inspection, collection, fiscal, and production accounting and auditing system--CommentsClose CommentsPermalink





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





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





(b) Applicability of Other Law- 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 that Act) shall apply to leases, permits, rights-of-way, or other authorizations issued for the development of solar or wind energy on covered land and the holders and operators of the leases, permits, rights-of-way, or other authorizations (and designees) under this title, except that in applying that Act--CommentsClose CommentsPermalink





(1) ‘wind or solar leases, permits, rights-of-way, or other authorizations’ shall be substituted for ‘oil and gas leases’;CommentsClose CommentsPermalink





(2) ‘electricity generated from wind or solar resources’ shall be substituted for ‘oil and gas’ (when used as nouns);CommentsClose CommentsPermalink





(3) ‘lease, permit, right-of-way, or other authorization for the development of wind or solar energy’ shall be substituted for ‘lease’ and ‘lease for oil and gas’ (when used as nouns); andCommentsClose CommentsPermalink





(4) ‘lessee, permittee, right-of-way holder, or holder of an authorization for the development of wind or solar energy’ shall be substituted for ‘lessee’.CommentsClose CommentsPermalink

SEC. 207. ENFORCEMENT.

(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 covered land under this title.CommentsClose CommentsPermalink





(b) Applicability of Other Enforcement Provisions- Nothing in this title reduces or limits the enforcement authority vested in the Secretary or the Attorney General by any other law.CommentsClose CommentsPermalink

SEC. 208. SEGREGATION FROM APPROPRIATION UNDER MINING AND FEDERAL LAND LAWS.

(a) In General- On covered land identified by the Secretary or the Secretary of Agriculture for the development of solar or wind power under this title or other applicable law, the Secretary or the Secretary of Agriculture may temporarily segregate the identified land from appropriation under the mining and public land laws.CommentsClose CommentsPermalink





(b) Administration- Segregation of covered land under this section--CommentsClose CommentsPermalink





(1) may only be made for a period not to exceed 10 years; andCommentsClose CommentsPermalink





(2) shall be subject to valid existing rights as of the date of the segregation.CommentsClose CommentsPermalink

SEC. 209. REPORT.

(a) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretaries shall carry out a study on the siting, development, and management of projects to determine the feasibility of carrying out a conservation banking program on land administered by the Secretaries.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 solar or wind energy development on federally administered land; orCommentsClose CommentsPermalink





(ii) mitigation investments on federally administered land are likely to provide greater conservation value for impacts of solar or wind energy development on federally administered land; andCommentsClose CommentsPermalink





(B) examine--CommentsClose CommentsPermalink





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





(ii) the advantages and disadvantages of using conservation banks on 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 conservation banking program.CommentsClose CommentsPermalink





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





(1) the recommendations of the Secretaries relating to--CommentsClose CommentsPermalink





(A) the most effective system for Federal land described in subsection (a)(2)(A) to meet the goals of facilitating the development of a conservation banking program on 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 conservation banking programs on Federal land to mitigate impacts to natural resources on private land; andCommentsClose CommentsPermalink





(2) any administrative action to be taken by the Secretaries 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 Secretaries shall make the results of the study available to the public.CommentsClose CommentsPermalink

SEC. 210. APPLICABILITY OF LAW.

(a) Rental Fee Exemption- Wind or solar generation projects with a capacity of 20 megawatts or more that are issued a lease, right-of-way, permit, or other authorization under applicable law shall not be subject to the rental fee exemption for rights-of-way under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)).CommentsClose CommentsPermalink





(b) Fees, Charges, and Commissions- Section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734) shall apply to an application made under section 203.CommentsClose CommentsPermalink