[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 825 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 825
To promote the development of renewable energy on public land, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2017
Mr. Gosar (for himself, Mr. Polis, Mr. Franks of Arizona, Mr. Thompson
of California, Mr. Amodei, Mr. Biggs, Mr. Cartwright, Mrs. Comstock,
Mr. Cook, Mr. Costa, Mr. DeFazio, Ms. DelBene, Mr. Grijalva, Mr.
Huffman, Mr. Labrador, Mr. LaMalfa, Mr. Lowenthal, Mr. Perlmutter, Mr.
Schrader, Mr. Schweikert, Ms. Sinema, Mr. Tipton, and Mr. Pearce)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on Agriculture, 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 concerned
_______________________________________________________________________
A BILL
To promote the development of renewable energy on public land, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Land Renewable Energy
Development Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) public land administered by the Secretary; and
(B) not excluded from the development of
geothermal, solar, or wind energy under--
(i) a land use plan established under the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); or
(ii) other Federal law.
(2) Exclusion area.--The term ``exclusion area'' means
covered land that is identified by the Bureau of Land
Management as not suitable for development of renewable energy
projects.
(3) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or
(B) public land.
(4) Fund.--The term ``Fund'' means the Renewable Energy
Resource Conservation Fund established by section 7(c)(1).
(5) Priority area.--The term ``priority area'' means
covered land identified by the land use planning process of the
Bureau of Land Management as being a preferred location for a
renewable energy project.
(6) 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).
(7) Renewable energy project.--The term ``renewable energy
project'' means a project carried out on covered land that uses
wind, solar, or geothermal energy to generate energy.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Variance area.--The term ``variance area'' means
covered land that is--
(A) not an exclusion area; and
(B) not a priority area.
SEC. 3. 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 2022''.
(b) Authorization.--Section 234(b) of the Energy Policy Act of 2005
(42 U.S.C. 15873(b)) is amended--
(1) by striking ``Amounts'' and inserting the following:
``(1) In general.--Amounts''; and
(2) by adding at the end the following:
``(2) Authorization.--Effective for fiscal year 2017 and
each fiscal year thereafter, amounts deposited under subsection
(a) shall be available to the Secretary of the Interior for
expenditure, without further appropriation or fiscal year
limitation, to implement the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) and this Act.''.
SEC. 4. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC ENVIRONMENTAL
IMPACT STATEMENTS.
(a) Priority Areas.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish priority areas on covered
land for geothermal, solar, and wind energy projects.
(2) Deadline.--
(A) Geothermal energy.--For geothermal energy, the
Secretary shall establish priority areas as soon as
practicable, but not later than 5 years, after the date
of enactment of this Act.
(B) Solar energy.--For solar energy, the solar
energy zones established by the 2012 western solar plan
of the Bureau of Land Management and any subsequent
land use plan amendments shall be considered to be
priority areas for solar energy projects.
(C) Wind energy.--For wind energy, the Secretary
shall establish priority areas as soon as practicable,
but not later than 3 years, after the date of enactment
of this Act.
(b) Variance Areas.--To the maximum extent practicable, variance
areas shall be considered for renewable energy project development,
consistent with the principles of multiple use (as defined in the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.)).
(c) Review and Modification.--Not less frequently than once every
10 years, the Secretary shall--
(1) review the adequacy of land allocations for geothermal,
solar, and wind energy priority and variance areas for the
purpose of encouraging new renewable energy development
opportunities; and
(2) based on the review carried out under paragraph (1),
add, modify, or eliminate priority, variance, and exclusion
areas.
(d) Compliance With the National Environmental Policy Act.--For
purposes of this section, compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--
(1) for geothermal energy, by supplementing the October
2008 final programmatic environmental impact statement for
geothermal leasing in the western United States;
(2) for solar energy, by supplementing the July 2012 final
programmatic environmental impact statement for solar energy
projects; and
(3) for wind energy, by supplementing the July 2005 final
programmatic environmental impact statement for wind energy
projects.
(e) No Effect on Processing Applications.--A requirement to prepare
a supplement to a programmatic environmental impact statement under
this section shall not result in any delay in processing an application
for a renewable energy project.
(f) Coordination.--In developing a supplement required by this
section, the Secretary shall coordinate, on an ongoing basis, with
appropriate State, tribal, and local governments, transmission
infrastructure owners and operators, developers, and other appropriate
entities to ensure that priority areas identified by the Secretary
are--
(1) economically viable (including having access to
transmission);
(2) likely to avoid or minimize conflict with habitat for
animals and plants, recreation, and other uses of covered land;
and
(3) consistent with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), including
subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).
(g) Removal From Classification.--In carrying out subsections (a)
through (e), if the Secretary determines an area previously suited for
development should be removed from priority or variance classification,
not later than 90 days after the date of the determination, the
Secretary shall submit to Congress a report on the determination.
SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND.
(a) In General.--If the Secretary determines that a proposed
renewable energy project has been sufficiently analyzed by a
programmatic environmental impact statement conducted under section
4(d), the Secretary shall not require any additional review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Additional Environmental Review.--If the Secretary determines
that additional environmental review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed
renewable energy project, the Secretary shall rely on the analysis in
the programmatic environmental impact statement conducted under section
4(d), to the maximum extent practicable when analyzing the potential
impacts of the project.
(c) Relationship to Other Law.--Nothing in this section modifies or
supersedes any requirement under applicable law.
SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT PERMIT
COORDINATION.
(a) Establishment.--The Secretary shall establish a program to
improve Federal permit coordination with respect to renewable energy
projects on covered land.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section,
including to specifically expedite the environmental analysis
of applications for projects proposed in a variance area,
with--
(A) the Secretary of Agriculture; and
(B) the Assistant Secretary of the Army for Civil
Works.
(2) State participation.--The Secretary may request the
Governor of any interested State to be a signatory to the
memorandum of understanding under paragraph (1).
(c) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date on
which the memorandum of understanding under subsection (b) is
executed, all Federal signatories, as appropriate, shall
identify for each of the Bureau of Land Management Renewable
Energy Coordination Offices an employee who has expertise in
the regulatory issues relating to the office in which the
employee is employed, including, as applicable, particular
expertise in--
(A) consultation regarding, and preparation of,
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) planning under section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a);
(E) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(F) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.); and
(G) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) be responsible for addressing all issues
relating to the jurisdiction of the home office or
agency of the employee; and
(B) participate as part of the team of personnel
working on proposed energy projects, planning,
monitoring, inspection, enforcement, and environmental
analyses.
(d) Additional Personnel.--The Secretary may assign such additional
personnel for the Bureau of Land Management Renewable Energy
Coordination Offices as are necessary to ensure the effective
implementation of any programs administered by the offices, including
inspection and enforcement relating to renewable energy project
development on covered land, in accordance with the multiple use
mandate of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(e) Renewable Energy Coordination Offices.--In carrying out the
program established under subsection (a), the Secretary may--
(1) establish additional Bureau of Land Management
Renewable Energy Coordination Offices; or
(2) temporarily assign the qualified staff designated under
subsection (c) to a State, district, or field office of the
Bureau of Land Management to expedite the permitting of
renewable energy projects.
(f) Report to Congress.--
(1) In general.--Not later than February 1 of the first
fiscal year beginning after the date of enactment of this Act,
and each February 1 thereafter, 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 describing the progress made under the
program established under subsection (a) during the preceding
year.
(2) Inclusions.--Each report under this subsection shall
include--
(A) projections for renewable energy production and
capacity installations; and
(B) a description of any problems relating to
leasing, permitting, siting, or production.
SEC. 7. DISPOSITION OF REVENUES.
(a) Disposition of Revenues.--Beginning on January 1, 2017, without
further appropriation or fiscal year limitation, of the amounts
collected as bonus bids, rentals, fees, or other payments under a
right-of-way, permit, lease, or other authorization (other than under
section 504(g) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1764(g))) for the development of wind or solar energy on
covered land--
(1) 25 percent shall be paid by the Secretary of the
Treasury to the State within the boundaries of which the
revenue is derived;
(2) 25 percent shall be paid by the Secretary of the
Treasury to the one or more counties within the boundaries of
which the revenue is derived, to be allocated among the
counties based on the percentage of land from which the revenue
is derived;
(3) to be deposited in the Treasury and be made available
to the Secretary to carry out the program established by
section 6, 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, with priority given to using the amounts, to the
maximum extent practicable, to expediting the issuance of
permits required for the development of renewable energy
projects in the States from which the revenues are derived--
(A) 25 percent for each of fiscal years 2016
through 2025;
(B) 20 percent for each of fiscal years 2026
through 2030;
(C) 15 percent for each of fiscal years 2031
through 2035; and
(D) 10 percent for fiscal year 2036 and each fiscal
year thereafter; and
(4) to be deposited in the Renewable Energy Resource
Conservation Fund established by subsection (c)--
(A) 25 percent for each of fiscal years 2016
through 2025;
(B) 30 percent for each of fiscal years 2026
through 2030;
(C) 35 percent for each of fiscal years 2031
through 2035; and
(D) 40 percent for fiscal year 2036 and each fiscal
year thereafter.
(b) Payments to States and Counties.--
(1) In general.--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).
(2) Payments in lieu of taxes.--A payment to a county under
paragraph (1) shall be in addition to a payment in lieu of
taxes received by the county under chapter 69 of title 31,
United States Code.
(c) Renewable Energy Resource Conservation Fund.--
(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, in
consultation with the Secretary of Agriculture.
(2) Use of funds.--The Secretary may make funds in the Fund
available to Federal, State, and tribal agencies to be
distributed in regions in which renewable energy projects are
located on Federal land, for the purposes of--
(A) restoring and protecting--
(i) fish and wildlife habitat for affected
species;
(ii) fish and wildlife corridors for
affected species; and
(iii) water resources in areas affected by
wind, geothermal, or solar energy development;
and
(B) preserving and improving recreational access to
Federal land and water in an affected region through an
easement, right-of-way, or other instrument from
willing landowners for the purpose of enhancing public
access to existing Federal land and water that is
inaccessible or significantly restricted.
(3) Partnerships.--The Secretary may enter into cooperative
agreements with State and tribal agencies, nonprofit
organizations, and other appropriate entities to carry out the
activities described in subparagraphs (A) and (B) of paragraph
(2).
(4) Investment of fund.--
(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.
(B) Use.--Any interest earned under subparagraph
(A) may be expended in accordance with this subsection.
(5) Intent of congress.--It is the intent of Congress that
the revenues deposited and used in the Fund shall supplement
(and not supplant) annual appropriations for activities
described in subparagraphs (A) and (B) of paragraph (2).
SEC. 8. SAVINGS CLAUSE.
Notwithstanding any other provision of this Act, the Secretary
shall continue to manage public land under the principles of multiple
use and sustained yield in accordance with title I of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), including
due consideration of mineral and nonrenewable energy-related projects
and other nonrenewable energy uses, for the purposes of land use
planning, permit processing, and conducting environmental reviews.
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