1.This Act may be cited as the
Clean Energy, Community Investment,
and Wildlife Conservation Act
.
2.Development of wind
and solar energy on Federal land
(a)In
this section:
(1)The term Federal land means any Federal land
under the administrative jurisdiction of the Bureau of Land Management or the
Forest Service.
(2)The
term Fund means the Renewable Energy Mitigation and Fish and
Wildlife Fund established by section 3(b).
(3)The term pilot program means the wind and
solar leasing pilot program established under subsection (b).
(4)The
term Secretary means the Secretary of the Interior.
(5)The
term State means the State within the boundaries of which income
is derived under a lease issued under this section.
(b)Wind and solar
leasing pilot program
(1)Not later than 180 days after the date of enactment of
this Act, the Secretary shall establish a wind and solar leasing pilot program
for Federal land.
(2)
(A)Not later than 90 days after the date on which the pilot
program is established, the Secretary shall select not fewer than 2 sites that
are appropriate for the development of a solar energy project, and not fewer
than 2 sites that are appropriate for the development of a wind energy project,
on Federal land as part of the pilot program.
(B)In carrying out subparagraph (A), the Secretary shall
seek to select sites on Federal land—
(i)for
which there is likely to be a high level of industry interest; and
(ii)that has
comparatively low value for other resources.
(C)For
purposes of this Act only, Federal land suitable for wind and solar development
does not include—
(i)any
unit of the National Wildlife Refuge System;
(ii)any
component of the National Wild and Scenic Rivers System;
(iii)any part of the
National Landscape Conservation System;
(iv)any
designated wilderness area, wilderness study area, or other area managed for
wilderness characteristics;
(v)any
inventoried roadless area within the National Forest System;
(vi)any
National Historic Landmark;
(vii)any National
Historic District or an Archaeological District eligible for or listed in the
National Register of Historic Places; or
(viii)other sensitive
land, as determined by the Secretary.
(D)Coordination
with countiesIn selecting sites under the pilot program, the
Secretary shall—
(i)coordinate site
selection activities with the county and State land management and wildlife
agencies in whose jurisdiction the Federal land is located; and
(ii)take into
consideration local land use planning and zoning requirements and
recommendations.
(3)In
establishing the pilot program and the wind or solar leasing programs under
subsection (c), the Secretary shall consult with—
(A)appropriate
Federal agencies, including the Department of Defense;
(B)affected States
and counties;
(C)Indian
tribes;
(D)representatives of
the wind and solar industries;
(E)representatives of
the environmental, conservation, and fish and wildlife conservation
communities;
(F)representatives of
the motorized and nonmotorized outdoor recreation communities;
(G)representatives of
the ranching and agricultural communities; and
(H)the public.
(4)Wind and solar
lease sales
(A)Except as provided in subparagraph (C)(ii), not later
than 180 days after the date on which sites are selected under paragraph (2),
the Secretary shall offer each site for competitive leasing to qualified
bidders under such terms and conditions as are required by the
Secretary.
(B)In offering the sites for lease, the Secretary—
(i)may
vary the bidding systems to be used at each lease sale; but
(ii)shall limit
bidding to 1 round in any lease sale.
(C)
(i)As part of the pilot program, the Secretary may vary the
length of the lease terms and establish such other lease terms and conditions
as the Secretary considers appropriate.
(ii)As part of the pilot program, the Secretary
shall—
(I)offer on a
noncompetitive basis on at least 1 site a short-term lease for data collection;
and
(II)on the expiration
of the short-term lease, offer on a competitive basis a long-term lease, giving
credit toward the bonus bid to the holder of the short-term lease for any
qualified expenditures to collect data to develop the site during the
short-term lease.
(D)Prior
to any lease sale, the Secretary shall establish qualifications for bidders
that ensures bidders—
(i)are
able to expeditiously develop a wind or solar energy project on the site for
lease; and
(ii)possess—
(I)financial
resources necessary to complete a project;
(II)knowledge of the
applicable technology; and
(III)such other
qualifications as determined appropriate by the Secretary.
(5)In offering for lease the selected sites under (4), the
Secretary shall comply with all applicable environmental and other laws.
(6)The
Secretary shall—
(A)compile a report
of the results of each lease sale under the pilot program, including—
(i)the
level of competitive interest;
(ii)a
summary of bids and revenues received; and
(iii)any other
factors that may have impacted the lease sale process; and
(B)not later than 90
days after the final lease sale, submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the House of
Representatives the report described in subparagraph (A).
(c)Leasing program
for wind and solar energy
(1)
(A)Not later than 2 years after the date of enactment of
this Act, the Secretary shall determine whether to establish leasing programs
under this section for wind and solar energy.
(B)Not
later than 180 days after the date on which any determination under
subparagraph (A) is made, the Secretary shall establish a leasing program if
the Secretary determines that the program—
(i)is
in the public interest; and
(ii)provides an
effective means of developing wind or solar energy on Federal land.
(C)If
the Secretary determines that a leasing program should not be established, not
later than 60 days after the date of the determination, 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 reasons and findings for that determination.
(2)Leases for
certain Federal land
(A)If the Secretary makes the determination to establish a
leasing program under this section, except as provided in subparagraph (B) and
pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.) and the National Forest Management Act of 1976 (16 U.S.C. 1600 et
seq.), the Secretary may develop policy and regulations for, and issue leases
on, Federal land under the administrative jurisdiction of the Bureau of Land
Management and the Forest Service.
(B)The
Secretary may not issue any lease on National Forest System land under
subparagraph (A) over the objection of the Secretary of Agriculture.
(3)Consultation and
considerationsIn making the determinations required under this
subsection, the Secretary shall—
(A)consult
with—
(i)appropriate
Federal agencies, including the Department of Defense;
(ii)affected States
and counties;
(iii)Indian
tribes;
(iv)representatives
of the wind and solar industry;
(v)representatives of
the environmental, conservation, and fish and wildlife conservation
communities;
(vi)representatives
of the motorized and nonmotorized outdoor recreation communities;
(vii)representatives
of the ranching and agricultural communities; and
(viii)the public;
and
(B)consider the
results of the report provided under subsection (b)(6) and the results of the
pilot program.
(4)If
the Secretary determines under this subsection that a leasing program should be
established, the program shall be carried out in accordance with subsections
(d) through (i).
(d)
(1)Except as provided in paragraph (2), leases for wind or
solar energy development under this section shall be issued on a competitive
basis with a single round of bidding in any lease sale.
(2)Paragraph
(1) shall not apply to Federal land if the Secretary determines that—
(A)there is no
competitive interest for the Federal land;
(B)the public
interest would not be served by the competitive issuance of a lease;
(C)the lease is for
the placement and operation of a meteorological or data collection facility or
for the development or demonstration of a new wind or solar technology and has
a term of not more than 5 years;
(D)meteorological
testing tower or other data collection device has been installed under an
approved easement, special-use permit, or right-of-way issued before the date
of enactment of this Act; or
(E)the Federal land
is eligible to be granted a noncompetitive lease under subsection
(e)(3).
(e)
(1)The Secretary shall continue to accept applications for
rights-of-way, review the applications, and provide for the issuance of
rights-of-way for the development of wind or solar energy on Federal land in
accordance with each requirement described in title V of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) during the pilot
program and until the Secretary determines to establish wind and solar leasing
programs under subsection (c).
(2)If
the Secretary determines under subsection (c) that a leasing program should be
established, the Secretary shall provide for a reasonable transition from the
use of rights-of-way to leases, taking into account paragraphs (3) and (4) and
the status of the project, including whether—
(A)rights-of-way for
testing or construction have been granted;
(B)a plan of
development has been submitted; or
(C)a draft
environmental impact statement has been published.
(3)
(A)Effective beginning on the date on which the wind and
solar leasing programs are established, the Secretary shall not renew an
existing right-of-way authorization for wind and solar energy development at
the end of the term of the authorization.
(B)
(i)Subject to clause (ii), at the end of the term of the
right-of-way authorization for the wind or solar energy project, the Secretary
may grant, without a competitive process, a lease to the holder of the
right-of-way for the same Federal land as was authorized under the right-of-way
authorization.
(ii)Any lease described in clause (i) shall be subject to
the terms and conditions generally applicable to other lease sales for similar
projects at the time the lease is issued.
(4)Effective beginning on the date on which the wind
and solar leasing programs are established, the Secretary may provide any
applicant that has filed a plan of development for a right-of-way for a wind or
solar energy project with an option to acquire a noncompetitive lease, under
such terms and conditions as are required by this section and the Secretary,
for the same Federal land included in the plan of development, if—
(A)the plan of
development has been determined by the Secretary to be adequate for the
initiation of environmental review; and
(B)granting the lease
is consistent with all applicable land use planning, environmental, and other
laws.
(f)If
the Secretary establishes a leasing program under subsection (c), the Secretary
shall ensure that any activity under the wind and solar leasing program is
carried out in a manner that—
(1)is consistent with
all applicable land use planning, environmental, and other laws; and
(2)provides
for—
(A)safety;
(B)protection of the
environment;
(C)prevention of
waste;
(D)diligent
development of the resource, with specific milestones determined by the
Secretary;
(E)coordination with
applicable Federal agencies;
(F)use of best
management practices, including planning and practices for mitigation of
impacts;
(G)public notice and
comment on any proposal submitted for a lease under this section;
(H)oversight,
inspection, research, monitoring, and enforcement relating to a lease under
this section;
(I)protection of fish
and wildlife habitat; and
(J)efficient use of
water resources.
(g)Lease duration,
suspension, and cancellation
(1)If the Secretary establishes a leasing program under
subsection (c), subject to paragraph (2), the Secretary shall establish terms
and conditions for the duration, issuance, transfer, renewal, suspension, and
cancellation of a lease under this section.
(2)A wind or solar project with a total capacity of 100
megawatts or more shall be leased for not less than 30 years under this
section.
(h)If
the Secretary establishes a leasing program under subsection (c), the Secretary
shall require the holder of a lease issued under this section—
(1)to furnish a
reclamation bond or other form of security determined to be appropriate by the
Secretary;
(2)on completion of
the activities authorized by the lease—
(A)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
(B)to conduct
mitigation activities (or payment of funds to be transferred to the Fund in
lieu of the activities) if the Secretary determines that restoration of the
Federal land to the condition described in subparagraph (A) is impracticable;
and
(3)to comply with
such other requirements as the Secretary considers necessary to protect the
interests of the public and the United States.
(i)Best management
practicesThe Secretary shall—
(1)establish best
management practices to ensure the sound, efficient, and environmentally
responsible development of wind and solar resources on the Federal land in a
manner that will minimize consumptive water use, and avoid, minimize, and
mitigate actual and anticipated impacts to fish and wildlife habitat and
ecosystem function, resulting from development under a lease issued under this
section; and
(2)include—
(A)provisions in the
lease requiring renewable energy operators to comply with the practices
established under paragraph (1); and
(B)such other
provisions as the Secretary considers appropriate.
(j)
(1)The Secretary shall establish royalties, fees, rentals,
bonuses, or other payments to ensure a fair return to the United States,
States, and counties for any right-of-way or lease issued for a wind or solar
project on Federal land.
(2)
(A)Prior to the collection of royalties under paragraph (4),
the Secretary shall collect payments for wind and solar projects in accordance
with section 504(g) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1764(g)).
(B)Wind
or solar energy leases issued under this section shall not be subject to the
rental fee exemption for rights-of-way under section 504(g) of the
Federal Land Policy and Management Act of
1976 (43 U.S.C. 1764(g)).
(3)The Secretary may grant credit toward any bonus bid for a
qualified expenditure by the holder of a lease described in subsection
(d)(2)(C) in any competitive lease sale held for a long-term lease covering the
same Federal land covered by the lease described in subsection
(d)(2)(C).
(4)Except
as provided in paragraph (6), the Secretary shall develop and enforce a royalty
on electricity produced by wind and solar projects on Federal land that—
(A)encourages
production of wind or solar energy;
(B)encourages the
maximum energy generation using the least quantity of Federal land and other
natural resources, including water;
(C)ensures a fair
return (comparable to the return that would be obtained on State and private
land) to the public, States, and counties eligible to receive a portion of the
revenues under section 3(a); and
(D)encourages the use
of energy storage technologies that increase the capacity factor of wind or
solar energy generation facilities.
(5)Not
later than 1 year after the date of enactment of this Act, the Secretary shall
complete a rulemaking for wind energy and solar energy royalty rates.
(6)Subject to paragraph (2)(B), to promote the greatest
generation of renewable energy, the Secretary may, until fiscal year 2040,
provide that no royalty or a reduced royalty is required for a period not to
exceed 5 years beginning on the date on which wind or solar generation is
initially commenced on the Federal land.
(k)Segregation from
appropriation under mining and Federal land laws
(1)On selection of Federal land for leasing under this
section, the Secretary may temporarily segregate the selected Federal land from
appropriation under the mining and public land laws.
(2)Segregation
of Federal land under this subsection—
(A)may only be made
for a period of not to exceed 10 years; and
(B)shall be subject
to valid existing rights as of the date of the segregation.
3.
(a)Distribution of
proceeds and payments
(1)Effective beginning on the date of enactment of this Act,
all amounts collected by the Secretary as royalties, fees, rentals, bonuses, or
other payments for wind and solar projects on Federal land, including any fees
associated with wind and solar energy rights-of-way, shall be distributed as
follows:
(A)25 percent shall
be paid by the Secretary of the Treasury to the State 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 the
boundaries of which the income is derived.
(C)15 percent
shall—
(i)for
the period beginning on the date of enactment of this Act and ending on the
date specified in clause (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, subject to paragraph (2)(A)(i), including the
transfer of the funds by the Bureau of Land Management to other Federal and
State agencies to facilitate the processing of renewable energy permits on
Federal land; and
(ii)beginning on the
date that is 10 years after the date of enactment of this Act, be deposited in
the Fund.
(D)35 percent shall
be deposited in the Fund.
(2)
(A)For purposes of clause (i) of paragraph (1)(C):
(i)Not
more than $50,000,000 shall be deposited in the Treasury at any 1 time under
that clause.
(ii)The
following shall be deposited in the Fund:
(I)Any amounts
collected under that subclause that are not obligated by the date specified in
paragraph (1)(C)(ii).
(II)Any amounts that
exceed the $50,000,000 deposit limit under clause (i).
(III)Any amounts
provided by the lease holder pursuant to section 2(h)(2)(B).
(B)Any
amounts deposited in the Fund under subparagraph (A)(ii) or paragraph
(1)(C)(ii) shall be in addition to amounts deposited in the Fund under
paragraph (1)(D).
(3)Funds under this subsection shall be available for
expenditure without further appropriation and without fiscal year
limitation.
(b)Renewable Energy
Mitigation and Fish and Wildlife Fund
(1)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.
(2)Amounts in the Fund shall be available to the Secretary,
who may make the amounts available to the State, Federal agencies, or other
interested parties for the purposes of—
(A)mitigating impacts
of renewable energy on Federal land, including—
(i)protecting fish
and wildlife corridors and other sensitive land;
(ii)restoring fish
and wildlife habitat; and
(iii)securing
recreational access to Federal land through easement, right of way, or fee
title acquisition from willing sellers for the purpose of providing enhanced
public access to existing Federal land that is inaccessible or significantly
restricted; and
(B)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.
(3)Amounts in the Fund shall be available for expenditure,
in accordance with this subsection, without further appropriation, and without
fiscal year limitation.
(4)
(A)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)Any
interest earned under subparagraph (A) may be expended in accordance with this
subsection.