I 111th CONGRESS 1st Session H. R. 2362 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.

1.

Short title

This Act may be cited as the Renewable Energy Permitting Act of 2009.

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.

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.