[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2362 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2362
To amend the Energy and Policy Act of 2005 to reauthorize a provision
relating to geothermal lease revenue, to direct the Secretary of the
Interior to establish a pilot project to streamline certain Federal
renewable energy permitting processes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2009
Mr. Heller (for himself, Ms. Berkley, and Ms. Titus) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To amend the Energy and Policy Act of 2005 to reauthorize a provision
relating to geothermal lease revenue, to direct the Secretary of the
Interior to establish a pilot project to streamline certain Federal
renewable energy permitting processes, 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 ``Renewable Energy Permitting Act of
2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Pilot project.--The term ``Pilot Project'' means the
pilot project to improve Federal renewable energy permit
coordination established under section 3(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. PILOT PROJECT TO IMPROVE FEDERAL RENEWABLE ENERGY PERMIT
COORDINATION.
(a) Establishment.--During the period of fiscal years 2009 through
2018, the Secretary shall establish and carry out a pilot project to
improve Federal renewable energy permit coordination.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Chief of Engineers.
(2) State participation.--The Secretary may request that
the Governors of the States of Arizona, California, Nevada, and
Wyoming be signatories to the memorandum of understanding
described in 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
signed, all Federal signatory parties shall, if appropriate,
assign to each of the field offices specified in subsection (d)
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) the consultations and the 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); and
(E) 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) not later than 90 days after the date of
assignment, report to field managers of the Bureau of
Land Management in the office to which the employee is
assigned;
(B) be responsible for all issues relating to the
jurisdiction of the home office or agency of the
employee; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses.
(d) Field Offices.--The field offices referred to in subsection
(c)(1) shall include offices in, at a minimum, the States of Arizona,
California, Nevada, and Wyoming.
(e) Additional Personnel.--The Secretary shall assign to each field
office specified in subsection (d) any additional personnel that are
necessary to ensure the effective implementation of--
(1) the Pilot Project; and
(2) other programs administered by the field offices,
including inspection and enforcement relating to renewable
energy development on Federal 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.).
(f) Distribution of Solar and Wind Energy Rental Income.--
(1) In general.--Subject to paragraphs (2) through (5) and
notwithstanding any other provision of law, for fiscal year
2009 and each fiscal year thereafter, of the amount of solar
and wind energy rental income collected by the Bureau of Land
Management (in lieu of depositing all of the income into the
general fund of the Treasury)--
(A) 50 percent shall be paid by the Secretary of
the Treasury to the 1 or more States within the
boundaries of which the income is derived;
(B) 25 percent shall be paid by the Secretary of
the Treasury to the 1 or more counties within which the
income is derived;
(C)(i) in the case of each of fiscal years 2009
through 2018, 20 percent or $5,000,000, whichever is
less, shall be deposited in a special fund in the
Treasury, to be known as the ``Renewable Energy Permit
Processing Improvement Fund''; and
(ii) in the case of fiscal year 2019 and each
fiscal year thereafter, 20 percent shall remain in the
general fund of the Treasury; and
(D) 5 percent shall be deposited in a special fund
in the Treasury, to be known as the ``Solar Energy Land
Reclamation, Restoration, and Mitigation Fund''.
(2) Valuation.--To determine the value of public land for
the purpose of determining rental income described in paragraph
(1)--
(A) the value of the public land used for solar
energy projects shall be determined by the Bureau of
Land Management based on statistics of the National
Agricultural Statistical Service;
(B) the value of the public land used for wind
energy projects shall be determined in accordance with
the rental schedule established by the Secretary,
acting through the Bureau of Land Management, in effect
as of the date of enactment of this Act; and
(C) the value of the public land used for
geothermal energy projects shall be determined in
accordance with the Energy Policy Act of 2005 (42
U.S.C. 15801 et seq.).
(3) Renewable energy permit processing improvement fund.--
Amounts in the Renewable Energy Permit Processing Improvement
Fund established under paragraph (1)(C)(i) shall be available
to the Secretary for the coordination and processing of
renewable energy permits required for renewable energy projects
on Federal public land.
(4) Solar energy land reclamation, restoration, and
mitigation fund.--
(A) In general.--Amounts in the Solar Energy Land
Reclamation, Restoration, and Mitigation Fund under
paragraph (1)(D) shall be available to the Secretary
for the purpose of--
(i) reclaiming and restoring public land
used for the production of solar energy,
including land used for ancillary facilities;
and
(ii) mitigating impacts on public land,
including protecting other sensitive public
land if the land used for solar or wind power
generation cannot be adequately restored
without the use of funds made available under
this paragraph, as determined by the Secretary.
(B) Maximum amount.--
(i) In general.--The total amount of funds
deposited in the Solar Energy Land Reclamation,
Restoration, and Mitigation Fund under
paragraph (1)(D) shall not exceed $50,000,000.
(ii) Surplus amounts.--If the total amount
of funds deposited in the Solar Energy Land
Reclamation, Restoration, and Mitigation Fund
under paragraph (1)(D) is $50,000,000, any
additional amounts that would otherwise be
deposited in the Fund under paragraph (1)(D)
shall remain in the general fund of the
Treasury.
(5) Availability of funds.--Amounts under this subsection
shall be available for expenditure in accordance with this
subsection, without further appropriation and without fiscal
year limitation.
(g) Transfer of Funds.--For the purposes of coordination and
processing of renewable energy permits required for renewable energy
projects on Federal public land under the administration of the Pilot
Project offices specified in subsection (d), the Secretary may
authorize the expenditure or transfer of such funds as are necessary
to--
(1) the United States Fish and Wildlife Service;
(2) the Bureau of Indian Affairs;
(3) the Forest Service;
(4) the Environmental Protection Agency;
(5) the Corps of Engineers; and
(6) the States of Arizona, California, Nevada, and Wyoming
(for costs incurred by the States relating to the permitting
process).
(h) Fees.--During the period in which the Pilot Project is
authorized, the Secretary shall not implement any regulation or
initiate any rulemaking to enable an increase in fees to recover
additional costs relating to renewable energy permits required for
renewable energy projects on Federal public land.
(i) Effect on Other Authority.--Nothing in this section affects--
(1) the operation of any Federal or State law; or
(2) any delegation of authority made by the head of a
Federal agency the employees of which are participating in the
Pilot Project.
(j) Length of Leases for Renewable Energy Projects on Public
Land.--The length of leases for renewable energy projects on public
land carried out under this Act shall be determined in accordance with
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.).
(k) Reports.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that--
(1) describes the results of the Pilot Project as of the
date of the report; and
(2) makes a recommendation to the President regarding
whether the Pilot Project should be implemented throughout the
United States.
(l) Deposit and Use of Geothermal Leave Revenues.--Section 234 of
the Energy Policy Act of 2005 (42 U.S.C. 15873) is amended--
(1) in the section heading, by striking ``for 5 fiscal
years''; and
(2) in subsection (a), by striking ``in the first 5 fiscal
years beginning after the date of enactment of this Act''.
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