[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5508 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5508
To provide for the development of solar pilot project areas on public
land in Lincoln County, Nevada.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 10, 2010
Mr. Heller introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the development of solar pilot project areas on public
land in Lincoln County, Nevada.
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 ``American Solar Energy Pilot Leasing
Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Lincoln County,
Nevada.
(2) Federal land.--The term ``Federal land'' means any of
the Federal land in the State under the administrative
jurisdiction of the Bureau of Land Management that is
identified as a ``solar development zone'' on the maps.
(3) Fund.--The term ``Fund'' means the Renewable Energy
Mitigation and Fish and Wildlife Fund established by section
3(d)(5)(A).
(4) Map.--The term ``map'' means each of--
(A) the map entitled ``Dry Lake Valley Solar
Development Zone'' and dated May 25, 2010; and
(B) the map entitled ``Delamar Valley Solar
Development Zone'' and dated May 25, 2010.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(6) State.--The term ``State'' means the State of Nevada.
SEC. 3. DEVELOPMENT OF SOLAR PILOT PROJECT AREAS ON PUBLIC LAND IN
LINCOLN COUNTY, NEVADA.
(a) Designation.--In accordance with sections 201 and 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712)
and subject to valid existing rights, the Secretary shall designate the
Federal land as a solar pilot project area.
(b) Applicable Law.--The designation of the solar pilot project
area under subsection (a) shall be subject to the requirements of--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any other applicable law (including regulations).
(c) Solar Lease Sales.--
(1) In general.--The Secretary shall conduct lease sales
and issue leases for commercial solar energy development on the
Federal land, in accordance with this subsection.
(2) Deadline for lease sales.--Not later than 60 days after
the date of enactment of this Act, the Secretary, after
consulting with affected governments and other stakeholders,
shall conduct lease sales for the Federal land.
(3) Easements, special-use permits, and rights-of-way.--
Except for the temporary placement and operation of testing or
data collection devices, as the Secretary determines to be
appropriate, and the rights-of-way granted under section
301(b)(1) of the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2413)
and BLM Case File N-78803, no new easements, special-use
permits, or rights-of-way shall be allowed on the Federal land
during the period beginning on the date of enactment of this
Act and ending on the date of the issuance of a lease for the
Federal land.
(4) Diligent development requirements.--In issuing a lease
under this subsection, the Secretary shall include work
requirements and mandatory milestones--
(A) to ensure that diligent development is carried
out under the lease; and
(B) to reduce speculative behavior.
(5) Land management.--The Secretary shall--
(A) establish the duration of leases issued under
this subsection;
(B) include provisions in the lease requiring the
holder of a lease granted under this subsection--
(i) to furnish a reclamation bond or other
form of security determined to be appropriate
by the Secretary;
(ii) on completion of the activities
authorized by the lease--
(I) to restore the Federal land
that is subject to the lease to the
condition in which the Federal land
existed before the lease was granted;
or
(II) to conduct mitigation
activities if restoration of the land
to the condition described in subclause
(I) is impracticable; and
(iii) to comply with such other
requirements as the Secretary considers
necessary to protect the interests of the
public and the United States; and
(C)(i) establish best management practices to
ensure the sound, efficient, and environmentally
responsible development of solar resources on the
Federal land in a manner that would avoid, minimize,
and mitigate actual and anticipated impacts to habitat
and ecosystem function resulting from the development;
and
(ii) include provisions in the lease requiring
renewable energy operators to comply with the practices
established under clause (i).
(d) Royalties.--
(1) In general.--The Secretary shall establish royalties,
fees, rentals, bonuses, and any other payments the Secretary
determines to be appropriate to ensure a fair return to the
United States for any lease issued under this section.
(2) Rate.--Any lease issued under this section shall
require the payment of a royalty established by the Secretary
by regulation in an amount that is equal to a percentage of the
gross proceeds from the sale of electricity at a rate that--
(A) encourages production of solar energy;
(B) ensures a fair return to the public comparable
to the return that would be obtained on State and
private land; and
(C) encourages the maximum energy generation
practicable using the least amount of land and other
natural resources, including water.
(3) Royalty relief.--To promote the maximum generation of
renewable energy, the Secretary may provide that no royalty or
a reduced royalty is required under a lease for a period not to
exceed 5 years beginning on the date on which generation is
initially commenced on the Federal land subject to the lease.
(4) Disposition of proceeds.--
(A) In general.--Of the amounts collected as
royalties, fees, rentals, bonuses, or other payments
under a lease issued under this section--
(i) 25 percent shall be paid by the
Secretary of the Treasury to the State within
the boundaries of which the income is derived;
(ii) 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;
(iii) 15 percent shall--
(I) for the period beginning on the
date of enactment of this Act and
ending on the date specified in
subclause (II), be deposited in the
Treasury of the United States to help
facilitate the processing of renewable
energy permits by the Bureau of Land
Management in the State, subject to
subparagraph (B)(i)(I); and
(II) beginning on the date that is
10 years after the date of enactment of
this Act, be deposited in the Fund; and
(iv) 35 percent shall be deposited in the
Fund.
(B) Limitations.--
(i) Renewable energy permits.--For purposes
of subclause (I) of subparagraph (A)(iii)--
(I) not more than $10,000,000 shall
be deposited in the Treasury at any 1
time under that subclause; and
(II) the following shall be
deposited in the Fund:
(aa) Any amounts collected
under that subclause that are
not obligated by the date
specified in subparagraph
(A)(iii)(II).
(bb) Any amounts that
exceed the $10,000,000 deposit
limit under subclause (I).
(ii) Fund.--Any amounts deposited in the
Fund under clause (i)(II) or subparagraph
(A)(iii)(II) shall be in addition to amounts
deposited in the Fund under subparagraph
(A)(iv).
(5) Renewable energy mitigation and fish and wildlife
fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund, to be known as
the ``Renewable Energy Mitigation and Fish and Wildlife
Fund'', to be administered by the Secretary, for use in
the State.
(B) Use of funds.--Amounts in the Fund shall be
available to the Secretary, who may make the amounts
available to the State or other interested parties for
the purposes of--
(i) mitigating impacts of renewable energy
on public land, with priority given to land
affected by the solar development zones
designated under this Act, including--
(I) protecting wildlife corridors
and other sensitive land; and
(II) fish and wildlife habitat
restoration; and
(ii) 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.
(C) Availability of amounts.--Amounts in the Fund
shall be available for expenditure, in accordance with
this paragraph, without further appropriation, and
without fiscal year limitation.
(D) Investment of fund.--
(i) 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.
(ii) Use.--Any interest earned under clause
(i) may be expended in accordance with this
paragraph.
(e) Priority Development.--
(1) In general.--Within the County, the Secretary shall
give highest priority consideration to implementation of the
solar lease sales provided for under this Act.
(2) Evaluation.--The Secretary shall evaluate other solar
development proposals in the County not provided for under this
Act in consultation with the State, County, and other
interested stakeholders.
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