I 111th CONGRESS 1st Session H. R. 3482 IN THE HOUSE OF REPRESENTATIVES July 31, 2009 Mr. Heller introduced the following bill; which was referred to the Committee on Natural Resources A BILL To make renewable energy production a priority on certain public lands for the purpose of responsibly producing clean, affordable power for the American people.
1.
Short title
This Act may be cited as the Renewable Energy Development Act.
2.
Developing renewable energy on Federal lands
(a)
In general
The Secretary of the Interior shall carry out in accordance with this section a program for the leasing of Federal lands for the advancement, development, assessment, installation, and operation of commercial renewable solar, wind, and geothermal energy systems. (b)
Identification of lands for leasing
(1)
Lands selection
The Secretary of the Interior, acting through the Director of the Bureau of Land Management and in consultation with the Secretary of Energy, shall— (A)identify lease sites comprising a total of 6,400,000 acres of Federal lands under the jurisdiction of the Bureau of Land Management in the States of Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming that are suitable and feasible for the installation and operation of solar, wind, or geothermal energy systems, subject to valid existing rights; and (B)incorporate renewable energy development into the relevant agency land use and resource management plans or equivalent plans for the lands identified under subparagraph (A). (2)
Minimum and maximum acreage of sites
Each individual lease site identified under paragraph (1)(A), other than under a lease for a geothermal energy system, shall be a minimum of 1,280 acres and shall not exceed 12,800 acres. (3)
Lands released for leasing
The Secretary shall release for leasing under this section lease sites identified under paragraph (1), in acreages that meet the following annual milestones: (A)By 2010, 79,012 acres. (B)By 2011, 316,049 acres. (C)By 2012, 711,111 acres. (D)By 2013, 1,300,000 acres. (E)By 2014, 2,000,000 acres. (F)By 2015, 2,800,000 acres. (G)By 2016, 3,700,000 acres. (H)By 2017, 4,650,000 acres. (I)By 2018, 5,800,000 acres. (J)By 2019, 6,400,000 acres. (4)
Lands not included
The following Federal lands shall not be included within a renewable energy lands leasing program under this Act: (A)Components of the National Landscape Conservation System. (B)Wilderness and Wilderness Study Areas. (C)Wild and Scenic Rivers. (D)Federally designated National Scenic and Historic Trails. (E)Monuments. (F)Resource Natural Areas. (G)Lands requested by Governor of State to be removed from consideration for renewable energy development. (c)
Competitive lease sale requirements leasing procedures
(1)
Nominations
The Secretary shall accept at any time nominations of land identified under subsection (b) for leasing under this Act, from any qualified person. (2)
Competitive Lease Sale Required
(A)
In general
Except as otherwise specifically provided by this Act, all land to be leased under this Act that is not subject to leasing under paragraph (3) shall be leased to the highest responsible qualified bidder, as determined by the Secretary. (B)
Annual sales required
The Secretary shall hold a competitive lease sale under this Act at least once every year for land in a State with respect to which there is a nomination pending under paragraph (1) of land otherwise available for leasing. (3)
Noncompetitive Leasing
The Secretary shall make available for a period of 2 years for noncompetitive leasing any tract for which a competitive lease sale is held under paragraph (2), but for which the Secretary does not receive any bids in such sale. (4)
Pending Lease Applications
It shall be a priority for the Secretary to ensure timely completion of administrative actions and process applications for leasing of Federal lands described in subsection (b)(1)(A) for installation and operation of renewable energy systems, that are pending on the date of enactment of this subsection. (d)
Leasing time period
Any lease of lands under this section shall be effective for a period of 30 years, with an option to renew once for an additional period of 30 years.
3.
Programmatic environmental impact statement
(a)
In general
Not later than 18 months after the date of enactment of this Act, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary of the Interior shall complete a programmatic environmental impact statement for the renewable energy leasing program under section 2. (b)
Final regulation
Not later than 6 months after the completion of the programmatic environmental impact statement under this section, the Secretary shall publish a final regulation implementing this section.
4.
Deposit and use of geothermal lease 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.
5.
Study
Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall complete a study of— (1)barriers to additional access to Federal lands for transmission of energy produced under leases awarded under the renewable energy leasing program under this Act; and (2)the need for energy transmission corridors on public lands to address identified congestion or constraints.