[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2921 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 2921
To provide for conservation, enhanced recreation opportunities, and
development of renewable energy in the California Desert Conservation
Area, to require the Secretary of the Interior to designate certain
offices to serve as Renewable Energy Coordination Offices for
coordination of Federal permits for renewable energy projects and
transmission lines to integrate renewable energy development, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 21 (legislative day, December 20), 2009
Mrs. Feinstein introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for conservation, enhanced recreation opportunities, and
development of renewable energy in the California Desert Conservation
Area, to require the Secretary of the Interior to designate certain
offices to serve as Renewable Energy Coordination Offices for
coordination of Federal permits for renewable energy projects and
transmission lines to integrate renewable energy development, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``California Desert
Protection Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CALIFORNIA DESERT CONSERVATION AND RECREATION
Sec. 101. Amendments to the California Desert Protection Act of 1994.
Sec. 102. Designation of wild and scenic rivers.
TITLE II--DESERT RENEWABLE ENERGY PERMITTING
Sec. 201. Renewable Energy Coordination Offices to improve Federal
permit coordination for renewable energy.
Sec. 202. Deadlines for consideration of applications for wind and
solar energy right-of-way use
authorizations.
Sec. 203. Programmatic environmental impact statements and land use
planning.
Sec. 204. Military installations study.
Sec. 205. Habitat mitigation zones.
Sec. 206. Bonding.
Sec. 207. Meteorological site testing and monitoring categorical
exclusion.
Sec. 208. Report on renewable energy permitting in Western States.
Sec. 209. Support for qualified advanced electric transmission
manufacturing plants, qualified high
efficiency transmission property, and
qualified advanced electric transmission
property.
TITLE I--CALIFORNIA DESERT CONSERVATION AND RECREATION
SEC. 101. AMENDMENTS TO THE CALIFORNIA DESERT PROTECTION ACT OF 1994.
(a) In General.--Public Law 103-433 (16 U.S.C. 410aaa et seq.) is
amended by adding at the end the following:
``TITLE XIII--MOJAVE TRAILS NATIONAL MONUMENT
``SEC. 1301. DEFINITIONS.
``In this title:
``(1) Map.--The term `map' means the map entitled `Boundary
Map, Mojave Trails National Monument' and dated November 19,
2009.
``(2) Monument.--The term `Monument' means the Mojave
Trails National Monument established by section 1302(a).
``(3) Study area.--The term `study area' means the land
that--
``(A) is described in--
``(i) the notice of the Bureau of Land
Management of September 15, 2008, entitled
`Notice of Proposed Legislative Withdrawal and
Opportunity for Public Meeting; California' (73
Fed. Reg. 53269); or
``(ii) any subsequent notice in the Federal
Register that is related to the notice
described in clause (i); and
``(B) has been segregated by the Director of the
Bureau of Land Management.
``SEC. 1302. ESTABLISHMENT OF THE MOJAVE TRAILS NATIONAL MONUMENT.
``(a) Establishment.--There is designated in the State the Mojave
Trails National Monument.
``(b) Purposes.--The purposes of the Monument are--
``(1) to preserve the nationally significant biological,
cultural, recreational, geological, educational, historic,
scenic, and scientific values--
``(A) in the Central and Eastern Mojave Desert; and
``(B) along historic Route 66; and
``(2) to secure the opportunity for present and future
generations to experience and enjoy the magnificent vistas,
wildlife, land forms, and natural and cultural resources of the
Monument.
``(c) Boundaries.--
``(1) In general.--Except as provided in paragraph (2), the
Monument shall consist of the Federal land and Federal
interests in land within the boundaries depicted on the map.
``(2) Exclusions.--
``(A) Study area.--Subject to subparagraph (B), the
study area shall be excluded from the Monument to
permit the Secretary of the Navy to study the land
within the study area for--
``(i) withdrawal in accordance with the Act
of February 28, 1958 (43 U.S.C. 155 et seq.);
and
``(ii) potential inclusion into the Marine
Corps Air Ground Combat Center at Twentynine
Palms, California, for national defense
purposes.
``(B) Incorporation in monument.--After action by
the Secretary of Defense and Congress regarding the
withdrawal under subparagraph (A), any land within the
study area that is not withdrawn shall be incorporated
into the Monument.
``(d) Map; Legal Descriptions.--
``(1) Legal description.--As soon as practicable after the
date of enactment of this title, the Secretary shall submit to
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate legal descriptions of the Monument,
based on the map.
``(2) Corrections.--The map and legal descriptions of the
Monument shall have the same force and effect as if included in
this title, except that the Secretary may correct clerical and
typographical errors in the map and legal descriptions.
``(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
``SEC. 1303. MANAGEMENT OF THE MONUMENT.
``(a) In General.--The Secretary shall--
``(1) only allow uses of the Monument that--
``(A) further the purposes described in section
1302(b);
``(B) are included in the management plan developed
under subsection (g); and
``(C) do not interfere with the utility rights-of-
way or corridors authorized under section 1304(f); and
``(2) subject to valid existing rights, manage the Monument
to protect the resources of the Monument, in accordance with--
``(A) this Act;
``(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
``(C) any other applicable provisions of law.
``(b) Cooperation Agreements; General Authority.--Consistent with
the management plan and existing authorities applicable to the
Monument, the Secretary may enter into cooperative agreements and
shared management arrangements (including special use permits with any
person (including educational institutions and Indian tribes)), for the
purposes of interpreting, researching, and providing education on the
resources of the Monument.
``(c) Administration of Subsequently Acquired Land.--Any land or
interest in land within the boundaries of the Monument that is acquired
by the Secretary after the date of enactment of this title shall be
managed by the Secretary in accordance with this title.
``(d) Limitations.--
``(1) Property rights.--The establishment of the Monument
does not--
``(A) affect--
``(i) any property rights of an Indian
reservation, individually held trust land, or
any other Indian allotments;
``(ii) any land or interests in land held
by the State, any political subdivision of the
State, or any special district; or
``(iii) any private property rights within
the boundaries of the Monument; or
``(B) grant to the Secretary any authority on or
over non-Federal land not already provided by law.
``(2) Authority.--The authority of the Secretary under this
title extends only to Federal land and Federal interests in
land included in the Monument.
``(e) Adjacent Management.--
``(1) In general.--Nothing in this title creates any
protective perimeter or buffer zone around the Monument.
``(2) Activities outside monument.--The fact that an
activity or use on land outside the Monument can be seen or
heard within the Monument shall not preclude the activity or
use outside the boundary of the Monument.
``(3) No additional regulation.--Nothing in this title
requires additional regulation of activities on land outside
the boundary of the Monument.
``(f) Air and Water Quality.--Nothing in this title affects the
standards governing air or water quality outside the boundary of the
Monument.
``(g) Management Plan.--
``(1) In general.--The Secretary shall--
``(A) not later than 3 years after the date of
enactment of this title, complete a management plan for
the conservation and protection of the Monument; and
``(B) on completion of the management plan--
``(i) submit the management plan to--
``(I) the Committee on Natural
Resources of the House of
Representatives; and
``(II) the Committee on Energy and
Natural Resources of the Senate; and
``(ii) make the management plan available
to the public.
``(2) Inclusions.--The management plan shall include
provisions that--
``(A) provide for the conservation and protection
of the Monument;
``(B) authorize the continued recreational uses of
the Monument (including hiking, camping, hunting,
mountain biking, sightseeing, off-highway vehicle
recreation on designated routes, rockhounding, and
horseback riding), if the recreational uses are
consistent with this section and any other applicable
law;
``(C) address the need for and, as necessary,
establish plans for, the installation, construction,
and maintenance of public utility energy transport
facilities within rights-of-way in the Monument,
including provisions that require that the activities
be conducted in a manner that minimizes the impact on
Monument resources (including resources relating to the
ecological, cultural, historic, and scenic viewshed of
the Monument), in accordance with any other applicable
law;
``(D) address the designation and maintenance of
roads, trails, and paths in the Monument;
``(E) address regional fire management planning and
coordination between the Director of the Bureau of Land
Management, the Director of the National Park Service,
and San Bernardino County; and
``(F) address the establishment of a visitor center
to serve the Monument and adjacent public land.
``(3) Preparation and implementation.--
``(A) Applicable law.--The Secretary shall prepare
and implement the management plan in accordance with
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any other applicable laws.
``(B) Consultation.--In preparing and implementing
the management plan, the Secretary shall periodically
consult with--
``(i) the advisory committee established
under section 1306;
``(ii) interested private property owners
and holders of valid existing rights located
within the boundaries of the Monument; and
``(iii) representatives of the Fort Mojave
Indian tribe, the Colorado River Indian Tribe,
the Chemehuevi Indian tribe, and other Indian
tribes with historic or cultural ties to land
within, or adjacent to, the Monument regarding
the management of portions of the Monument
containing sacred sites or cultural importance
to the Indian tribes.
``(4) Interim management.--Except as otherwise provided in
this Act, pending completion of the management plan for the
Monument, the Secretary shall manage any Federal land and
Federal interests in land within the boundary of the Monument--
``(A) consistent with the existing permitted uses
of the land;
``(B) in accordance with the general guidelines and
authorities of the existing management plans of the
Bureau of Land Management for the land; and
``(C) in a manner consistent with--
``(i) the purposes described in section
1302(b);
``(ii) the provisions of the management
plan under paragraph (2); and
``(iii) applicable Federal law.
``(h) Effect of Section.--Nothing in this section diminishes or
alters existing authorities applicable to Federal land included in the
Monument.
``SEC. 1304. USES OF THE MONUMENT.
``(a) Use of Off-Highway Vehicles.--
``(1) In general.--The use of off-highway vehicles in the
Monument (including the use of off-highway vehicles for
commercial touring) shall be permitted to continue on
designated routes, subject to all applicable law and and
authorized by the management plan.
``(2) Nondesignated routes.--Off-highway vehicle access
shall be permitted on nondesignated routes and trails in the
Monument--
``(A) for administrative purposes;
``(B) to respond to an emergency; or
``(C) as authorized under the management plan.
``(3) Inventory.--Not later than 2 years after the date of
enactment of this title, the Director of the Bureau of Land
Management shall complete an inventory of all existing routes
in the Monument.
``(b) Hunting, Trapping, and Fishing.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall permit hunting, trapping, and fishing within
the Monument in accordance with applicable Federal and State
laws (including regulations) in effect as of the date of
enactment of this title.
``(2) Trapping.--No amphibians or reptiles may be collected
within the Monument.
``(3) Regulations.--The Secretary, after consultation with
the California Department of Fish and Game, may issue
regulations designating zones where, and establishing periods
during which, no hunting, trapping, or fishing shall be
permitted in the Monument for reasons of public safety,
administration, resource protection, or public use and
enjoyment.
``(c) Grazing.--
``(1) In general.--Nothing in this title terminates any
valid existing grazing allotment within the Monument.
``(2) Effect on blair permit.--Nothing in this title
affects the Lazy Daisy grazing permit (permittee number 9076)
on land included in the Monument, including the transfer of
title to the grazing permit to the Secretary or to a private
party.
``(3) Permit retirement.--The Secretary may acquire base
property and associated grazing permits within the Monument for
purposes of permanently retiring the permit if--
``(A) the permittee is a willing seller;
``(B) the permittee and Secretary reach an
agreement concerning the terms and conditions of the
acquisition; and
``(C) termination of the allotment would further
the purposes of the Monument described in section
1302(b).
``(d) Access to State and Private Land.--The Secretary shall
provide adequate access to each owner of non-Federal land or interests
in non-Federal land within the boundary of the Monument to ensure the
reasonable use and enjoyment of the land or interest by the owner.
``(e) Limitations.--
``(1) Commercial enterprises.--Except as provided in
paragraphs (2) and (3), or as required for the maintenance,
upgrade, expansion, or development of energy transport
facilities in the corridors described in subsection (g), no
commercial enterprises shall be authorized within the boundary
of the Monument after the date of enactment of this title.
``(2) Authorized exceptions.--The Secretary may authorize
exceptions to paragraph (1) if the Secretary determines that
the commercial enterprises would further the purposes described
in section 1302(b).
``(3) Applicability.--This subsection does not apply to--
``(A) transmission and telecommunication facilities
that are owned or operated by a utility subject to
regulation by the Federal Government or a State
government or a State utility with a service obligation
(as those terms are defined in section 217 of the
Federal Power Act (16 U.S.C. 824q)); or
``(B) commercial vehicular touring enterprises
within the Monument that operate on designated routes.
``(f) Utility Rights-of-Way.--
``(1) In general.--Nothing in this title precludes,
prevents, or inhibits the maintenance, upgrade, expansion, or
development of energy transport facilities within the Monument
that are critical to reducing the effects of climate change on
the environment.
``(2) Authorization.--The Secretary shall, to the maximum
extent practicable--
``(A) permit rights-of-way and alignments that best
protect the values and resources of the Monument
described in section 1302(b); and
``(B) ensure that existing rights-of-way and
utility corridors within the Monument are fully
utilized before permitting new rights-of-way or
designating new utility corridors within the Monument.
``(3) Effect on existing facilities and rights-of-way.--
Nothing in this section terminates or limits--
``(A) any valid right-of-way within the Monument in
existence on the date of enactment of this title
(including customary operation, maintenance, repair, or
replacement activities in a right-of-way); or
``(B) a right-of-way authorization issued on the
expiration of an existing right-of-way authorization
described in subparagraph (A).
``(4) Upgrading and expansion of existing rights-of-way.--
Nothing in this subsection prohibits the upgrading (including
the construction or replacement), expansion, or assignment of
an existing utility transmission line for the purpose of
increasing the capacity of--
``(A) a transmission line in existing rights-of-
way; or
``(B) a right-of-way issued, granted, or permitted
by the Secretary that is contiguous or adjacent to
existing transmission line rights-of-way.
``(5) Interstate 40 transportation corridor.--For purposes
of underground utility rights-of-way under this subsection, the
Secretary shall consider the Interstate 40 transportation
corridor to be equivalent to an existing utility right-of-way
corridor.
``(6) New rights-of-way.--
``(A) In general.--Any new rights-of-way or new
uses within existing rights-of-way shall--
``(i) only be permitted in energy corridors
or expansions of energy corridors that are
designated as of the date of enactment of this
title; and
``(ii) subject to subparagraph (B), require
review and approval under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(B) Approval.--New rights-of-way or uses or
expansions of existing corridors under subparagraph (A)
shall only be approved if the head of the applicable
lead Federal agency, in consultation with other
agencies as appropriate, determines that the new
rights-of-way, uses, or expansions are consistent
with--
``(i) this title;
``(ii) other applicable laws;
``(iii) the purposes of the Monument
described in section 1302(b); and
``(iv) the management plan for the
Monument.
``(g) West Wide Energy Corridor.--
``(1) Alternative alignment.--Subject to paragraph (2), to
further the purposes of the Monument described in section
1302(b), the Secretary may require a realignment of the energy
right-of-way corridor numbered 27-41 and designated under the
energy corridor planning process established by section 368 of
the Energy Policy Act of 2005 (42 U.S.C. 15926) if an
alternative alignment within the Monument--
``(A) provides substantially similar energy
transmission capacity and reliability;
``(B) does not impair other existing rights-of-way;
and
``(C) is compatible with military training
requirements.
``(2) Consultation.--Before establishing an alternative
alignment of the energy right-of-way corridor under paragraph
(1), the Secretary shall consult with--
``(A) the Secretary of Energy;
``(B) the Secretary of Defense;
``(C) the State, including the transmission
permitting agency of the State;
``(D) units of local government in the State; and
``(E) any entities possessing valid existing
rights-of-way within--
``(i) the energy corridor described in
paragraph (1); or
``(ii) any potential alternative energy
corridor.
``(3) Effect on energy transport corridors.--Nothing in
this subsection diminishes the utility of energy transport
corridors located within the Monument and identified under
section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926),
Energy Corridors E or I (as designated in the California Desert
Conservation Area Plan), or energy corridors numbered 27-41 and
27-225 and designated by a record of decision--
``(A) to provide locations for--
``(i) electric transmission facilities that
improve reliability, relieve congestion, and
enhance the national grid; and
``(ii) oil, gas, and hydrogen pipelines;
and
``(B) to provide locations for electric
transmission facilities that--
``(i) promote renewable energy generation;
``(ii) otherwise further the interest of
the United States if the transmission
facilities are identified as critical--
``(I) in a Federal law; or
``(II) through a regional
transmission planning process; or
``(iii) consist of high-voltage
transmission facilities critical to the
purposes described in clause (i) or (ii).
``(4) Land use planning.--In conducting land use planning
for the Monument, the Secretary--
``(A) shall consider the existing locations of the
corridors described in paragraph (3); and
``(B) subject to paragraph (5), may amend the
location of any energy corridors to comply with
purposes of the Monument if the amended corridor--
``(i) provides connectivity across the
landscape that is equivalent to the
connectivity provided by the existing location;
``(ii) meets the criteria established by--
``(I) section 368 of the Energy
Policy Act of 2005 (42 U.S.C. 15926);
and
``(II) the record of decision for
the applicable corridor; and
``(iii) does not impair or restrict the
uses of existing rights-of-way.
``(5) Consultation required.--Before amending a corridor
under paragraph (4)(B), the Secretary shall consult with all
interested parties (including the persons identified in section
368(a) of the Energy Policy Act of 2005 (42 U.S.C. 15926(a))),
in accordance with applicable laws (including regulations).
``(h) Overflights.--Nothing in this title or the management plan
restricts or precludes--
``(1) overflights (including low-level overflights) of
military, commercial, and general aviation aircraft that can be
seen or heard within the Monument;
``(2) the designation or creation of new units of special
use airspace; or
``(3) the establishment of military flight training routes
over the Monument.
``(i) Withdrawals.--
``(1) In general.--Subject to valid existing rights and
except as provided in paragraph (2), the Federal land and
interests in Federal land included within the Monument are
withdrawn from--
``(A) all forms of entry, appropriation, or
disposal under the public land laws;
``(B) location, entry, and patent under the public
land mining laws;
``(C) operation of the mineral leasing, geothermal
leasing, and mineral materials laws; and
``(D) energy development and power generation.
``(2) Exchange.--Paragraph (1) does not apply to an
exchange that the Secretary determines would further the
protective purposes of the Monument.
``(j) Access to Renewable Energy Facilities.--
``(1) In general.--On a determination that no reasonable
alternative access exists and subject to paragraph (2), the
Secretary may allow new right-of-ways within the Monument to
provide vehicular access to renewable energy project sites
outside the boundaries of the Monument.
``(2) Restrictions.--To the maximum extent practicable, the
rights-of-way shall be designed and sited to be consistent with
the purposes of the Monument described in section 1302(b).
``SEC. 1305. ACQUISITION OF LAND.
``(a) In General.--The Secretary may acquire for inclusion in the
Monument any land or interests in land within the boundary of the
Monument owned by the State, units of local government, Indian tribes,
or private individuals only by--
``(1) donation;
``(2) exchange with a willing party; or
``(3) purchase from a willing seller for fair market value.
``(b) Use of Easements.--To the maximum extent practicable and only
with the approval of the landowner, the Secretary may use permanent
conservation easements to acquire an interest in land in the Monument
rather than acquiring fee simple title to the land.
``(c) Incorporation of Acquired Land and Interests in Land.--Any
land or interest in land within the boundaries of the Monument that is
acquired by the United States after the date of enactment of this title
shall be added to and administered as part of the Monument.
``(d) Donated and Acquired Land.--
``(1) In general.--All land within the boundary of the
Monument donated to the United States or acquired using amounts
from the land and water conservation fund established under
section 2 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-5) before, on, or after the date of enactment
of this title--
``(A) is withdrawn from mineral entry;
``(B) shall be managed in accordance with section
1904; and
``(C) shall be managed consistent with the purposes
of the Monument described in section 1302(b).
``(2) Effect on monument.--Land within the boundary of the
Monument that is contiguous to land donated to the United
States or acquired using amounts from the land and water
conservation fund established under section 2 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) shall be
managed in a manner consistent with conservation purposes,
subject to applicable law.
``SEC. 1306. ADVISORY COMMITTEE.
``(a) In General.--The Secretary shall establish an advisory
committee for the Monument, the purpose of which is to advise the
Secretary with respect to the preparation and implementation of the
management plan required by section 1303(g).
``(b) Membership.--To the extent practicable, the advisory
committee shall include the following members, to be appointed by the
Secretary:
``(1) A representative with expertise in natural science
and research selected from a regional university or research
institute.
``(2) A representative of the California Natural Resources
Agency.
``(3) A representative of the California Public Utilities
Commission.
``(4) A representative of the County of San Bernardino,
California.
``(5) A representative of each of the cities of Barstow,
Needles, Twentynine Palms, and Yucca Valley, California.
``(6) A representative of each of the Colorado River, Fort
Mojave, and the Chemehuevi Indian tribes.
``(7) A representative from the Department of Defense.
``(8) A representative of the Wildlands Conservancy.
``(9) A representative of a local conservation
organization.
``(10) A representative of a historical preservation
organization.
``(11) A representative from each of the following
recreational activities:
``(A) Off-highway vehicles.
``(B) Hunting.
``(C) Rockhounding.
``(c) Terms.--
``(1) In general.--In appointing members under paragraphs
(1) through (11) of subsection (b), the Secretary shall appoint
1 primary member and 1 alternate member that meets the
qualifications described in each of those paragraphs.
``(2) Vacancy.--
``(A) Primary member.--A vacancy on the advisory
committee with respect to a primary member shall be
filled by the applicable alternate member.
``(B) Alternate member.--The Secretary shall
appoint a new alternate members in the event of a
vacancy with respect to an alternate member of the
advisory committee.
``(3) Termination.--
``(A) In general.--The term of all members of the
advisory committee shall terminate on the termination
of the advisory committee under subsection (g).
``(B) New advisory committee.--At the discretion of
the Secretary, the Secretary may establish a new
advisory committee on the termination of the advisory
committee under subsection (g) to provide ongoing
recommendations on the management of the Monument.
``(d) Quorum.--A quorum of the advisory committee shall consist of
a majority of the primary members.
``(e) Chairperson and Procedures.--
``(1) In general.--The advisory committee shall select a
chairperson and vice chairperson from among the primary members
of the advisory committee.
``(2) Duties.--The chairperson and vice chairperson
selected under paragraph (1) shall establish any rules and
procedures for the advisory committee that the chairperson and
vice-chairperson determine to be necessary or desirable.
``(f) Service Without Compensation.--Members of the advisory
committee shall serve without pay.
``(g) Termination.--The advisory committee shall cease to exist
on--
``(1) the date on which the management plan is officially
adopted by the Secretary; or
``(2) at the discretion of the Secretary, a later date
established by the Secretary.
``SEC. 1307. RENEWABLE ENERGY RIGHT-OF-WAY APPLICATIONS.
``(a) In General.--Applicants for rights-of-way for the development
of solar energy facilities that have been terminated by the
establishment of the Monument shall be granted the right of first
refusal to apply for replacement sites that--
``(1) have not previously been encumbered by right-of-way
applications; and
``(2) are located within the Solar Energy Zones designated
by the Solar Energy Programmatic Environmental Impact Statement
of the Department of the Interior and the Department of Energy.
``(b) Eligibility.--To be eligible for a right of first refusal
under subsection (a), an applicant shall have, on or before December 1,
2009--
``(1) submitted an application for a right-of-way to the
Bureau of Land Management;
``(2) completed a plan of development to develop a solar
energy facility on land within the Monument;
``(3) submitted cost recovery funds to the Bureau of Land
Management to assist with the costs of processing the right-of-
way application;
``(4) successfully submitted an application for an
interconnection agreement with an electrical grid operator that
is registered with the North American Electric Reliability
Corporation; and
``(5)(A) secured a power purchase agreement; or
``(B) a financially and technically viable solar energy
facility project, as determined by the Director of the Bureau
of Land Management.
``(c) Equivalent Energy Production.--Each right-of-way for a
replacement site granted under this section shall--
``(1) authorize the same energy production at the
replacement site as had been applied for at the site that had
been the subject of the terminated application; and
``(2) have--
``(A) appropriate solar insolation and geotechnical
attributes; and
``(B) adequate access to existing transmission or
feasible new transmission.
``(d) Existing Rights-of-way Applications.--Nothing in this section
alters, affects, or displaces primary rights-of-way applications within
the Solar Energy Study Areas unless the applications are otherwise
altered, affected, or displaced as a result of the Solar Energy
Programmatic Environmental Impact Statement of the Department of the
Interior and the Department of Energy.
``(e) Deadlines.--A right of first refusal granted under this
section shall only be exercisable by the later of--
``(1) the date that is 180 days after the date of enactment
of this title; or
``(2) the date that is 180 days after the date of the
designation of the Solar Energy Zones under the Solar Energy
Programmatic Environmental Impact Statement.
``(f) Expedited Application Processing.--The Secretary shall
expedite the review of replacement site applications from eligible
applicants, as described in subsection (b).
``TITLE XIV--SAND TO SNOW NATIONAL MONUMENT
``SEC. 1401. DEFINITIONS.
``In this title:
``(1) Map.--The term `map' means the map entitled `Boundary
Map, Sand to Snow National Monument' and dated October 26,
2009.
``(2) Monument.--The term `Monument' means the Sand to Snow
National Monument established by section 1402(a).
``(3) Secretaries.--The term `Secretaries' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
``SEC. 1402. ESTABLISHMENT OF THE SAND TO SNOW NATIONAL MONUMENT.
``(a) Establishment.--There is designated in the State the Sand to
Snow National Monument.
``(b) Purposes.--The purposes of the Monument are--
``(1) to preserve the nationally significant biological,
cultural, educational, geological, historic, scenic, and
recreational values at the convergence of the Mojave and
Colorado Desert and the San Bernardino Mountains; and
``(2) to secure the opportunity for present and future
generations to experience and enjoy the magnificent vistas,
wildlife, land forms, and natural and cultural resources of the
Monument.
``(c) Boundaries.--The Monument shall consist of the Federal land
and Federal interests in land within the boundaries depicted on the
map.
``(d) Map; Legal Descriptions.--
``(1) Legal description.--As soon as practicable after the
date of enactment of this title, the Secretary shall submit to
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate legal descriptions of the Monument,
based on the map.
``(2) Corrections.--The map and legal descriptions of the
Monument shall have the same force and effect as if included in
this title, except that the Secretary may correct clerical and
typographical errors in the map and legal descriptions.
``(3) Availability of map.--The map shall be on file and
available for public inspection in appropriate offices of the
Bureau of Land Management.
``SEC. 1403. MANAGEMENT OF THE MONUMENT.
``(a) In General.--The Secretary shall--
``(1) only allow uses of the Monument that--
``(A) further the purposes described in section
1402(b);
``(B) are included in the management plan developed
under subsection (g); and
``(C) do not interfere with the utility rights-of-
way authorized under section 1405(e); and
``(2) subject to valid existing rights, manage the Monument
to protect the resources of the Monument, in accordance with--
``(A) this title;
``(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
``(C) any other applicable provisions of law.
``(b) Cooperation Agreements; General Authority.--Consistent with
the management plan and existing authorities applicable to the
Monument, the Secretary may enter into cooperative agreements and
shared management arrangements (including special use permits with any
person (including educational institutions and Indian tribes)), for the
purposes of interpreting, researching, and providing education on the
resources of the Monument.
``(c) Administration of Subsequently Acquired Land.--Any land or
interest in land within the boundaries of the Monument that is acquired
by the Secretary of the Interior or the Secretary of Agriculture after
the date of enactment of this title shall be managed by the Secretary
of Agriculture or the Secretary of the Interior, respectively, in
accordance with this title.
``(d) Limitations.--
``(1) Property rights.--The establishment of the Monument
does not--
``(A) affect--
``(i) any property rights of an Indian
reservation, individually held trust land, or
any other Indian allotments;
``(ii) any land or interests in land held
by the State, any political subdivision of the
State, or any special district; or
``(iii) any private property rights within
the boundaries of the Monument; or
``(B) grant to the Secretary any authority on or
over non-Federal land not already provided by law.
``(2) Authority.--The authority of the Secretary under this
title extends only to Federal land and Federal interests in
land included in the Monument.
``(e) Adjacent Management.--
``(1) In general.--Nothing in this title creates any
protective perimeter or buffer zone around the Monument.
``(2) Activities outside monument.--The fact that an
activity or use on land outside the Monument can be seen or
heard within the Monument shall not preclude the activity or
use outside the boundary of the Monument.
``(3) No additional regulation.--Nothing in this title
requires additional regulation of activities on land outside
the boundary of the Monument.
``(f) Air and Water Quality.--Nothing in this title affects the
standards governing air or water quality outside the boundary of the
Monument.
``(g) Management Plan.--
``(1) In general.--The Secretaries shall--
``(A) not later than 3 years after the date of
enactment of this title, complete a management plan for
the conservation and protection of the Monument; and
``(B) on completion of the management plan--
``(i) submit the management plan to--
``(I) the Committee on Natural
Resources of the House of
Representatives; and
``(II) the Committee on Energy and
Natural Resources of the Senate; and
``(ii) make the management plan available
to the public.
``(2) Inclusions.--The management plan shall include
provisions that--
``(A) provide for the conservation and protection
of the Monument;
``(B) authorize the continued recreational uses of
the Monument (including hiking, camping, hunting,
mountain biking, sightseeing, off-highway vehicle
recreation on designated routes, rockhounding, and
horseback riding), if the recreational uses are
consistent with this title and any other applicable
law;
``(C) address the need for and, as necessary,
establish plans for, the installation, construction,
and maintenance of public utility energy transport
facilities within rights-of-way in the Monument outside
of designated wilderness areas, including provisions
that require that--
``(i) the activities be conducted in a
manner that minimizes the impact on Monument
resources (including resources relating to the
ecological, cultural, historic, and scenic
viewshed of the Monument), in accordance with
any other applicable law; and
``(ii) the facilities are consistent with
this section and any other applicable law;
``(D) address the designation and maintenance of
roads, trails, and paths in the Monument;
``(E) address regional fire management planning and
coordination between the Director of the Bureau of Land
Management, the Chief of the Forest Service, Riverside
County, and San Bernardino County; and
``(F) address the establishment of a visitor center
to serve the Monument and adjacent public land.
``(3) Preparation and implementation.--
``(A) Applicable law.--The Secretary shall prepare
and implement the management plan in accordance with
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any other applicable laws.
``(B) Consultation.--In preparing and implementing
the management plan, the Secretary shall periodically
consult with--
``(i) the advisory committee established
under section 1406;
``(ii) interested private property owners
and holders of valid existing rights located
within the boundaries of the Monument; and
``(iii) representatives of the Morongo Band
of Mission Indians and other Indian tribes with
historic or cultural ties to land within, or
adjacent to, the Monument regarding the
management of portions of the Monument that are
of cultural importance to the Indian tribes.
``(4) Interim management.--Except as otherwise prohibited
by this Act, pending completion of the management plan for the
Monument, the Secretary shall manage any Federal land and
Federal interests in land within the boundary of the Monument--
``(A) consistent with the existing permitted uses
of the land;
``(B) in accordance with the general guidelines and
authorities of the existing management plans of the
Bureau of Land Management and the Forest Service for
the land; and
``(C) in a manner consistent with--
``(i) the purposes described in section
1402(b);
``(ii) the provisions of the management
plan under paragraph (2); and
``(iii) applicable Federal law.
``(5) Effect of section.--Nothing in this section
diminishes or alters existing authorities applicable to Federal
land included in the Monument.
``SEC. 1404. USES OF THE MONUMENT.
``(a) Use of Off-Highway Vehicles.--
``(1) In general.--The use of off-highway vehicles in the
Monument (including the use of off-highway vehicles for
commercial touring) shall be permitted to continue on
designated routes, subject to all applicable law and authorized
by the management plan.
``(2) Nondesignated routes.--Off-highway vehicle access
shall be permitted on nondesignated routes and trails in the
Monument--
``(A) for administrative purposes;
``(B) to respond to an emergency; or
``(C) as authorized under the management plan.
``(3) Inventory.--Not later than 2 years after the date of
enactment of this title, the Director of the Bureau of Land
Management shall complete an inventory of all existing routes
in the Monument.
``(b) Hunting, Trapping, and Fishing.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall permit hunting, trapping, and fishing within
the Monument in accordance with applicable Federal and State
laws (including regulations) as of the date of enactment of
this title.
``(2) Trapping.--No amphibians or reptiles may be collected
within the Monument.
``(3) Regulations.--The Secretary, after consultation with
the California Department of Fish and Game, may issue
regulations designating zones where, and establishing periods
during which, no hunting, trapping, or fishing shall be
permitted in the Monument for reasons of public safety,
administration, resource protection, or public use and
enjoyment.
``(c) Access to State and Private Land.--The Secretary shall
provide adequate access to each owner of non-Federal land or interests
in non-Federal land within the boundary of the Monument to ensure the
reasonable use and enjoyment of the land or interest by the owner.
``(d) Limitations.--
``(1) Commercial enterprises.--Except as provided in
paragraphs (2) and (3), or as required for the maintenance,
upgrade, expansion, or development of energy transport
facilities in the corridors described in subsection (e), no
commercial enterprises shall be authorized within the boundary
of the Monument after the date of enactment of this title.
``(2) Authorized exceptions.--The Secretary may authorize
exceptions to paragraph (1) if the Secretary determines that
the commercial enterprises would further the purposes described
in section 1402(b).
``(3) Transmission and telecommunication facilities.--This
subsection does not apply to--
``(A) transmission and telecommunication facilities
that are owned or operated by a utility subject to
regulation by the Federal Government or a State
government or a State utility with a service obligation
(as those terms are defined in section 217 of the
Federal Power Act (16 U.S.C. 824q)); or
``(B) commercial vehicular touring enterprises
within the Monument that operate on designated routes.
``(e) Utility Rights-of-Way.--
``(1) In general.--Nothing in this Act precludes, prevents,
or inhibits the maintenance, upgrade, expansion, or development
of energy transport facilities within the Monument that are
critical to reducing the effects of climate change on the
environment.
``(2) Right-of-way.--To the maximum extent practicable--
``(A) the Secretary shall permit rights of way and
alignments that best protect the values and resources
of the Monument described in section 1402(b); and
``(B) the Secretary shall ensure that existing
rights-of-way and utility corridors within the Monument
are fully utilized before permitting new rights-of-way
or designating new utility corridors within the
Monument.
``(3) Effect on existing facilities and rights-of-way.--
Nothing in this section terminates or limits--
``(A) any valid right-of-way in existence within
the Monument on the date of enactment of this title
(including customary operation, maintenance, repair, or
replacement activities in a right-of-way); or
``(B) a right-of-way authorization issued on the
expiration or the assignment of an existing right-of-
way authorization described in subparagraph (A).
``(4) Upgrading and expansion of existing rights-of-way.--
Nothing in this subsection prohibits the upgrading (including
the construction or replacement), expansion, or assignment of
an existing utility transmission line for the purpose of
increasing the capacity of--
``(A) a transmission line in existing rights-of-
way; or
``(B) a right-of-way issued, granted, or permitted
by the Secretary that is contiguous or adjacent to
existing transmission line rights-of-way.
``(5) New rights-of-way.--
``(A) In general.--Any new rights-of-way or new
uses within existing rights-of-way shall, subject to
subparagraph (B), require review and approval under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(B) Approval.--New uses under subparagraph (A)
shall only be approved if the head of the applicable
lead Federal agency, in consultation with other
applicable agencies, determine that the uses are
consistent with--
``(i) this title;
``(ii) other applicable laws;
``(iii) the purposes of the Monument
described in section 1402(b); and
``(iv) the management plan for the
Monument.
``(6) Effect on energy transport corridors.--Nothing in
this subsection diminishes the utility of energy transport
corridors located within the Monument designated by a record of
decision--
``(A) to provide locations for--
``(i) electric transmission facilities that
improve reliability, relieve congestion, and
enhance the national grid; and
``(ii) oil, gas, and hydrogen pipelines;
and
``(B) to provide locations for electric
transmission facilities that--
``(i) promote renewable energy generation;
``(ii) otherwise further the interest of
the United States if the transmission
facilities are identified as critical in law or
through a regional transmission planning
process; or
``(iii) consist of high-voltage
transmission facilities critical to the
purposes described in clause (i) or (ii).
``(7) Land use planning.--In conducting land use planning
for the Monument, the Secretary--
``(A) shall consider the existing locations of the
corridors described in paragraph (6); and
``(B) subject to paragraph (8), may amend the
location of any energy corridors to comply with
purposes of the Monument if the amended corridor--
``(i) provides connectivity across the
landscape that is equivalent to the
connectivity provided by the existing location;
``(ii) meets the criteria established by--
``(I) section 368 of the Energy
Policy Act of 2005 (42 U.S.C. 15926);
and
``(II) the record of decision for
the applicable corridor; and
``(iii) does not impair or restrict the
uses of existing rights-of-way.
``(8) Consultation required.--Before amending a corridor
under paragraph (7)(B), the Secretary shall consult with all
interested parties (including the persons identified in section
368(a) of the Energy Policy Act of 2005 (42 U.S.C. 15926(a))),
in accordance with applicable laws (including regulations).
``(f) Overflights.--Nothing in this title or the management plan
restricts or precludes--
``(1) overflights (including low-level overflights) of
military, commercial, and general aviation aircraft that can be
seen or heard within the Monument;
``(2) the designation or creation of new units of special
use airspace; or
``(3) the establishment of military flight training routes
over the Monument.
``(g) Withdrawals.--
``(1) In general.--Subject to valid existing rights and
except as provided in paragraph (2), the Federal land and
interests in Federal land included within the Monument are
withdrawn from--
``(A) all forms of entry, appropriation, or
disposal under the public land laws;
``(B) location, entry, and patent under the public
land mining laws;
``(C) operation of the mineral leasing, geothermal
leasing, and mineral materials laws; and
``(D) energy development and power generation.
``(2) Exchange.--Paragraph (1) does not apply to an
exchange that the Secretary determines would further the
protective purposes of the Monument.
``(h) Access to Renewable Energy Facilities.--
``(1) In general.--Subject to paragraph (2), the Secretary
may allow new right-of-ways within the Monument to provide
reasonable vehicular access to renewable energy project sites
outside the boundaries of the Monument.
``(2) Restrictions.--To the maximum extent practicable, the
rights-of-way shall be designed and sited to be consistent with
the purposes of the Monument described in section 1402(b).
``SEC. 1405. ACQUISITION OF LAND.
``(a) In General.--The Secretary may acquire for inclusion in the
Monument any land or interests in land within the boundary of the
Monument owned by the State, units of local government, Indian tribes,
or private individuals only by--
``(1) donation;
``(2) exchange with a willing party; or
``(3) purchase from a willing seller for fair market value.
``(b) Use of Easements.--To the maximum extent practicable and only
with the approval of the landowner, the Secretary may use permanent
conservation easements to acquire an interest in land in the Monument
rather than acquiring fee simple title to the land.
``(c) Incorporation of Acquired Land and Interests in Land.--Any
land or interest in land within the boundaries of the Monument that is
acquired by the United States after the date of enactment of this title
shall be added to and administered as part of the Monument.
``(d) Donated and Acquired Land.--
``(1) In general.--All land within the boundary of the
Monument donated to the United States or acquired using amounts
from the land and water conservation fund established under
section 2 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-5) before, on, or after the date of enactment
of this title--
``(A) is withdrawn from mineral entry;
``(B) shall be managed in accordance with section
1904; and
``(C) shall be managed consistent with the purposes
of the Monument described in section 1402(b).
``(2) Effect on monument.--Land within the boundary of the
Monument that is contiguous to land donated to the United
States or acquired using amounts from the land and water
conservation fund established under section 2 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) shall be
managed in a manner consistent with conservation purposes,
subject to applicable law.
``SEC. 1406. ADVISORY COMMITTEE.
``(a) In General.--The Secretary shall establish an advisory
committee for the Monument, the purpose of which is to advise the
Secretary with respect to the preparation and implementation of the
management plan required by section 1403(g).
``(b) Membership.--To the extent practicable, the advisory
committee shall include the following members, to be appointed by the
Secretary:
``(1) A representative with expertise in natural science
and research selected from a regional university or research
institute.
``(2) A representative of the Department of Defense.
``(3) A representative of the California Natural Resources
Agency.
``(4) A representative of each of San Bernardino and
Riverside Counties, California.
``(5) A representative of each of the cities of Desert Hot
Springs and Yucca Valley, California.
``(6) A representative of the Morongo Band of Mission
Indians.
``(7) A representative of the Friends of Big Morongo
Preserve.
``(8) A representative of the Wildlands Conservancy.
``(9) A representative of the Coachella Valley Mountains
Conservancy.
``(10) A representative of the San Gorgonio Wilderness
Association.
``(11) A representative of the Morongo Basin Community
Services District.
``(12) A representative from each of the following
recreational activities:
``(A) Off-highway vehicles.
``(B) Hunting.
``(C) Rockhounding.
``(c) Terms.--
``(1) In general.--In appointing members under paragraphs
(1) through (12) of subsection (b), the Secretary shall appoint
1 primary member and 1 alternate member that meets the
qualifications described in each of those paragraphs.
``(2) Vacancy.--
``(A) Primary member.--A vacancy on the advisory
committee with respect to a primary member shall be
filled by the applicable alternate member.
``(B) Alternate member.--The Secretary shall
appoint a new alternate members in the event of a
vacancy with respect to an alternate member of the
advisory committee.
``(3) Termination.--
``(A) In general.--The term of all members of the
advisory committee shall terminate on the termination
of the advisory committee under subsection (g).
``(B) New advisory committee.--At the discretion of
the Secretary, the Secretary may establish a new
advisory committee on the termination of the advisory
committee under subsection (g) to provide ongoing
recommendations on the management of the Monument.
``(d) Quorum.--A quorum of the advisory committee shall consist of
a majority of the primary members.
``(e) Chairperson and Procedures.--
``(1) In general.--The advisory committee shall select a
chairperson and vice chairperson from among the primary members
of the advisory committee.
``(2) Duties.--The chairperson and vice chairperson
selected under paragraph (1) shall establish any rules and
procedures for the advisory committee that the chairperson and
vice-chairperson determine to be necessary or desirable.
``(f) Service Without Compensation.--Members of the advisory
committee shall serve without pay.
``(g) Termination.--The advisory committee shall cease to exist
on--
``(1) the date on which the management plan is officially
adopted by the Secretary; or
``(2) at the discretion of the Secretary, a later date
established by the Secretary.
``TITLE XV--WILDERNESS
``SEC. 1501. DESIGNATION OF WILDERNESS AREAS.
``(a) Designation of Wilderness Areas To Be Administered by the
Bureau of Land Management.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the following
land in the State is designated as wilderness areas and as components
of the National Wilderness Preservation System:
``(1) Avawatz mountains wilderness.--Certain land in the
Conservation Area administered by the Director of the Bureau of
Land Management, comprising approximately 86,614 acres, as
generally depicted on the map entitled `Avawatz Mountains
Proposed Wilderness' and dated July 15, 2009, to be known as
the `Avawatz Mountains Wilderness'.
``(2) Golden valley wilderness.--Certain land in the
Conservation Area administered by the Director of the Bureau of
Land Management, comprising approximately 21,633 acres, as
generally depicted on the map entitled `Golden Valley Proposed
Wilderness' and dated July 15, 2009, which shall be considered
to be part of the `Golden Valley Wilderness'.
``(3) Great falls basin wilderness.--
``(A) In general.--Certain land in the Conservation
Area administered by the Director of the Bureau of Land
Management, comprising approximately 7,871 acres, as
generally depicted on the map entitled `Great Falls
Basin Proposed Wilderness' and dated October 26, 2009,
to be known as the `Great Falls Basin Wilderness'.
``(B) Limitations.--Designation of the wilderness
under subparagraph (A) shall not establish a Class I
Airshed under the Clean Air Act (42 U.S.C. 7401 et
seq.).
``(4) Kingston range wilderness.--Certain land in the
Conservation Area administered by the Bureau of Land
Management, comprising approximately 53,321 acres, as generally
depicted on the map entitled `Kingston Range Proposed
Wilderness Additions' and dated July 15, 2009, which shall be
considered to be a part of as the `Kingston Range Wilderness'.
``(5) Soda mountains wilderness.--Certain land in the
Conservation Area, administered by the Bureau of Land
Management, comprising approximately 79,376 acres, as generally
depicted on the map entitled `Soda Mountains Proposed
Wilderness' and dated October 26, 2009, to be known as the
`Soda Mountains Wilderness'.
``(b) Designation of Wilderness Areas To Be Administered by the
National Park Service.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the following
land in the State is designated as wilderness areas and as components
of the National Wilderness Preservation System:
``(1) Death valley national park wilderness additions.--
Certain land in the Conservation Area administered by the
Director of the National Park Service, comprising approximately
59,264 acres, as generally depicted on the map entitled `Death
Valley National Park Additions' and dated October 1, 2009,
which shall be considered to be a part of the Death Valley
National Park Wilderness.
``(2) Bowling alley wilderness.--Certain land in the
Conservation Area administered by the Director of the Bureau of
Land Management, comprising approximately 30,888 acres, as
generally depicted on the map entitled `Death Valley National
Park Proposed Wilderness Area', numbered 143/100080, and dated
June 2009, which shall be considered to be a part of the Death
Valley National Park Wilderness.
``(c) Designation of Wilderness Area To Be Administered by the
Forest Service.--
``(1) In general.--In accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.) and sections 601 and 603 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1781,
1782), the land in the State described in paragraph (2) is
designated as a wilderness area and as a component of the
National Wilderness Preservation System.
``(2) Description of land.--The land referred to in
paragraph (1) is certain land in the San Bernardino National
Forest, comprising approximately 7,141 acres, as generally
depicted on the map entitled `Proposed Sand to Snow National
Monument' and dated October 26, 2009, which shall considered to
be a part of the San Gorgonio Wilderness.
``SEC. 1502. MANAGEMENT.
``(a) Adjacent Management.--
``(1) In general.--Nothing in this title creates any
protective perimeter or buffer zone around the wilderness areas
designated by section 1501.
``(2) Activities outside wilderness areas.--
``(A) In general.--The fact that an activity
(including military activities) or use on land outside
a wilderness area designated by section 1501 can be
seen or heard within the wilderness area shall not
preclude or restrict the activity or use outside the
boundary of the wilderness area.
``(B) Effect on nonwilderness activities.--
``(i) In general.--In any permitting
proceeding (including a review under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.)) conducted with respect to
a project described in clause (ii) that is
formally initiated through a notice in the
Federal Register before December 31, 2013, the
consideration of any visual, noise, or other
impacts of the project on a wilderness area
designated by section 1501 shall be conducted
based on the status of the area before
designation as wilderness.
``(ii) Description of projects.--A project
referred to in clause (i) is a renewable energy
project--
``(I) for which the Bureau of Land
Management has received a right-of-way
use application on or before the date
of enactment of this Act; and
``(II) that is located outside the
boundary of a wilderness area
designated by section 1501.
``(3) No additional regulation.--Nothing in this title
requires additional regulation of activities on land outside
the boundary of the wilderness areas.
``(4) Effect on military operations.--Nothing in this Act
alters any authority of the Secretary of Defense to conduct any
military operations at desert installations, facilities, and
ranges of the State that are authorized under any other
provision of law.
``(b) Maps; Legal Descriptions.--
``(1) In general.--As soon as practicable after the date of
enactment of this title, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by section 1501 with--
``(A) the Committee on Natural Resources of the
House of Representatives; and
``(B) the Committee on Energy and Natural Resources
of the Senate.
``(2) Force of law.--A map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
errors in the maps and legal descriptions.
``(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the appropriate office of the Secretary.
``(c) Administration.--Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by section 1501
shall be administered by the Secretary in accordance with this Act and
the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference
in that Act to the effective date shall be considered to be a reference
to the date of enactment of this title.
``SEC. 1503. RELEASE OF WILDERNESS STUDY AREAS.
``(a) Finding.--Congress finds that, for purposes of section 603 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
any portion of a wilderness study area described in subsection (b) that
is not designated as a wilderness area or wilderness addition by
section 1501 or any other Act enacted before the date of enactment of
this title has been adequately studied for wilderness.
``(b) Description of Study Areas.--The study areas referred to in
subsection (a) are--
``(1) the Cady Mountains Wilderness Study Area;
``(2) the Great Falls Basin Wilderness Study Area; and
``(3) the Soda Mountains Wilderness Study Area.
``(c) Release.--Any portion of a wilderness study area described in
subsection (b) that is not designated as a wilderness area or
wilderness addition by section 1501 is no longer subject to section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)).
``TITLE XVI--DESIGNATION OF SPECIAL MANAGEMENT AREA
``SEC. 1601. DEFINITIONS.
``In this title:
``(1) Management area.--The term `Management Area' means
the Vinagre Wash Special Management Area.
``(2) Map.--The term `map' means the map entitled `Vinagre
Wash Special Management Area-Proposed' and dated November 10,
2009.
``(3) Public land.--The term `public land' has the meaning
given the term `public lands' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``SEC. 1602. ESTABLISHMENT OF THE VINAGRE WASH SPECIAL MANAGEMENT AREA.
``(a) Establishment.--There is established the Vinagre Wash Special
Management Area in the State, to be managed by the El Centro Field
Office and the Yuma Field Office of the Bureau of Land Management.
``(b) Purpose.--The purpose of the Management Area is to conserve,
protect, and enhance--
``(1) the plant and wildlife values of the Management Area;
and
``(2) the outstanding and nationally significant
ecological, geological, scenic, recreational, archaeological,
cultural, historic, and other resources of the Management Area.
``(c) Boundaries.--The Management Area shall consist of the public
land in Imperial County, California, comprising approximately 74,714
acres, as generally depicted on the map.
``(d) Map; Legal Description.--
``(1) In general.--As soon as practicable, but not later
than 3 years, after the date of enactment of this title, the
Secretary shall submit a map and legal description of the
Management Area to--
``(A) the Committee on Natural Resources of the
House of Representatives; and
``(B) the Committee on Energy and Natural Resources
of the Senate.
``(2) Effect.--The map and legal description submitted
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any errors in the map and legal description.
``(3) Availability.--Copies of the map submitted under
paragraph (1) shall be on file and available for public
inspection in--
``(A) the Office of the Director of the Bureau of
Land Management; and
``(B) the appropriate office of the Bureau of Land
Management in the State.
``SEC. 1603. MANAGEMENT.
``(a) In General.--The Secretary shall allow hiking, camping,
hunting, and sightseeing and the use of motorized vehicles, mountain
bikes, and horses on designated routes in the Management Area in a
manner that--
``(1) is consistent with the purpose of the Management Area
described in section 1602(b);
``(2) ensures public health and safety; and
``(3) is consistent with applicable law.
``(b) Off-Highway Vehicle Use.--
``(1) In general.--Subject to paragraphs (2) and (3) and
all other applicable laws, the use of off-highway vehicles
shall be permitted on routes in the Management Area generally
depicted on the map.
``(2) Closure.--The Secretary may temporarily close or
permanently reroute a portion of a route described in paragraph
(1)--
``(A) to prevent, or allow for restoration of,
resource damage;
``(B) to protect tribal cultural resources,
including the resources identified in the tribal
cultural resources management plan developed under
section 1905(c);
``(C) to address public safety concerns; or
``(D) as otherwise required by law.
``(3) Designation of additional routes.--During the 3-year
period beginning on the date of enactment of this title, the
Secretary--
``(A) shall accept petitions from the public
regarding additional routes for off-highway vehicles;
and
``(B) may designate additional routes that the
Secretary determines--
``(i) would provide significant or unique
recreational opportunities; and
``(ii) are consistent with the purposes of
the Management Area.
``(c) Withdrawal.--Subject to valid existing rights, all Federal
land within the Management Area is withdrawn from--
``(1) all forms of entry, appropriation, or disposal under
the public land laws;
``(2) location, entry, and patent under the mining laws;
and
``(3) right-of-way, leasing, or disposition under all laws
relating to--
``(A) minerals; or
``(B) solar, wind, and geothermal energy.
``(d) No Buffers.--The establishment of the Management Area shall
not--
``(1) create a protective perimeter or buffer zone around
the Management Area; or
``(2) preclude uses or activities outside the Management
Area that are permitted under other applicable laws, even if
the uses or activities are prohibited within the Management
Area.
``(e) Notice of Available Routes.--The Secretary shall ensure that
visitors to the Management Area have access to adequate notice relating
to the availability of designated routes in the Management Area
through--
``(1) the placement of appropriate signage along the
designated routes;
``(2) the distribution of maps, safety education materials,
and other information that the Secretary determines to be
appropriate; and
``(3) restoration of areas that are not designated as open
routes, including vertical mulching.
``(f) Stewardship.--The Secretary, in consultation with Indian
tribes and other interests, shall develop a program to provide
opportunities for monitoring and stewardship of the Management Area to
minimize environmental impacts and prevent resource damage from
recreational use, including volunteer assistance with--
``(1) route signage;
``(2) restoration of closed routes;
``(3) protection of Management Area resources; and
``(4) recreation education.
``(g) Protection of Tribal Cultural Resources.--Not later than 2
years after the date of enactment of this title, the Secretary, in
accordance with the National Historic Preservation Act (16 U.S.C. 470
et seq.) and any other applicable law, shall--
``(1) prepare and complete a tribal cultural resources
survey of the Management Area; and
``(2) consult with the Quechan Indian Nation and other
Indian tribes demonstrating ancestral, cultural, or other ties
to the resources within the Management Area on the development
and implementation of the tribal cultural resources survey
under paragraph (1).
``SEC. 1604. POTENTIAL WILDERNESS.
``(a) Protection of Wilderness Character.--
``(1) In general.--The Secretary shall manage the Federal
land in the Management Area described in paragraph (2) in a
manner that preserves the character of the land for the
eventual inclusion of the land in the National Wilderness
Preservation System.
``(2) Description of land.--The Federal land described in
this paragraph is--
``(A) the approximately 9,160 acres of land, as
generally depicted on the map entitled `Indian Pass
Wilderness Additions-Proposed' and dated November 10,
2009;
``(B) the approximately 17,436 acres of land, as
generally depicted on the map entitled `Milpitas Wash
Wilderness Area-Proposed' and dated November 10, 2009;
``(C) the approximately 13,647 acres of land, as
generally depicted on the map entitled `Buzzard Peak
Wilderness Area-Proposed' and dated November 10, 2009;
and
``(D) the approximately 8,090 acres of land, as
generally depicted on the map entitled `Palo Verde
Mountain Wilderness Additions-Proposed' and dated
November 10, 2009.
``(3) Use of land.--
``(A) Military uses.--The Secretary shall manage
the Federal land in the Management Area described in
paragraph (2) in a manner that is consistent with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that
the Secretary may authorize use of the land by the
Secretary of the Navy for Naval Special Warfare
Tactical Training, including long-range small unit
training and navigation, vehicle concealment, and
vehicle sustainment training, in accordance with
applicable Federal laws.
``(B) Prohibited uses.--The following shall be
prohibited on the Federal land described in paragraph
(2):
``(i) Permanent roads.
``(ii) Commercial enterprises.
``(iii) Except as necessary to meet the
minimum requirements for the administration of
the Federal land and to protect public health
and safety--
``(I) the use of mechanized
vehicles; and
``(II) the establishment of
temporary roads.
``(4) Wilderness designation.--
``(A) In general.--The Federal land described in
paragraph (2) shall be designated as wilderness and as
a component of the National Wilderness Preservation
System on the date on which the Secretary, in
consultation with the Secretary of Defense, publishes a
notice in the Federal Register that all activities on
the Federal land that are incompatible with the
Wilderness Act (16 U.S.C. 1131 et seq.) have
terminated.
``(B) Designation.--On designation of the Federal
land under clause (i)--
``(i) the land described in paragraph
(2)(A) shall be incorporated in, and shall be
considered to be a part of, the Indian Pass
Wilderness;
``(ii) the land described in paragraph
(2)(B) shall be designated as the `Milpitas
Wash Wilderness';
``(iii) the land described in paragraph
(2)(C) shall be designated as the `Buzzard Peak
Wilderness'; and
``(iv) the land described in paragraph
(2)(D) shall be incorporated in, and shall be
considered to be a part of, the Palo Verde
Mountains Wilderness.
``(b) Administration of Wilderness.--Subject to valid existing
rights, the land designated as wilderness or as a wilderness addition
by this title shall be administered by the Secretary in accordance with
this Act and the Wilderness Act (16 U.S.C. 1131 et seq.).
``TITLE XVII--NATIONAL PARK SYSTEM ADDITIONS
``SEC. 1701. DEATH VALLEY NATIONAL PARK BOUNDARY REVISION.
``(a) In General.--The boundary of Death Valley National Park is
adjusted to include--
``(1) the approximately 33,041 acres of Bureau of Land
Management land abutting the southern end of the Death Valley
National Park that lies between Death Valley National Park to
the north and Ft. Irwin Military Reservation to the south and
which runs approximately 34 miles from west to east, as
depicted on the map entitled `Death Valley National Park
Proposed Boundary Addition', numbered 143/100,080, and dated
June 2009;
``(2) the approximately 6,379 acres of Bureau of Land
Management land in Inyo County, California, located in the
northeast area of Death Valley National Park that is within,
and surrounded by, land under the jurisdiction of the Director
of the National Park Service, as depicted on the map entitled
`Proposed Crater Mine Area Addition to Death Valley National
Park', numbered 143/100,079, and dated June 2009; and
``(3)(A) on transfer of title to the private land to the
National Park Service, the approximately 280 acres of private
land in Inyo County, California, located adjacent to the
southeastern boundary of Death Valley National Park, as
depicted on the map entitled `Proposed Ryan Camp Addition to
Death Valley National Park', numbered 143/100,097, and dated
June 2009; and
``(B) the approximately 1,040 acres of Bureau of Land
Management land contiguous to the private land described in
subparagraph (A), as depicted on the map entitled `Proposed
Ryan Camp Addition to Death Valley National Park', numbered
143/100,097, and dated June 2009.
``(b) Availability of Map.--The maps described in paragraphs (1),
(2), and (3) of subsection (a) shall be on file and available for
public inspection in the appropriate offices of the National Park
Service.
``(c) Administration.--The Secretary of the Interior (referred to
in this section as the `Secretary') shall--
``(1) administer any land added to Death Valley National
Park under subsection (a)--
``(A) as part of Death Valley National Park; and
``(B) in accordance with applicable laws (including
regulations); and
``(2) not later than 180 days after the date of enactment
of this title, develop a memorandum of understanding with Inyo
County, California, permitting ongoing access and use to
existing gravel pits along Saline Valley Road within Death
Valley National Park for road maintenance and repairs in
accordance with applicable laws (including regulations).
``SEC. 1702. MOJAVE NATIONAL PRESERVE.
``(a) In General.--The boundary of the Mojave National Preserve is
adjusted to include--
``(1) the 29,221 acres of Bureau of Land Management land
that is surrounded by the Mojave National Preserve to the
northwest, west, southwest, south, and southeast and by the
Nevada State line on the northeast boundary, as depicted on the
map entitled `Proposed Castle Mountain Addition to the Mojave
National Preserve', numbered 170/100,075, and dated August
2009; and
``(2) the 25 acres of Bureau of Land Management land in
Baker, California, as depicted on the map entitled `Mojave
National Preserve-Proposed Boundary Addition', numbered 170/
100,199, and dated August 2009.
``(b) Availability of Maps.--The maps described in subsection (a)
shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
``(c) Administration.--The Secretary shall administer any land
added to Mojave National Preserve under subsection (a)--
``(1) as part of the Mojave National Preserve; and
``(2) in accordance with applicable laws (including
regulations).
``SEC. 1703. JOSHUA TREE NATIONAL PARK BOUNDARY REVISION.
``(a) In General.--The boundary of the Joshua Tree National Park is
adjusted to include the 2,879 acres of land managed by Director of the
Bureau of Land Management that are contiguous at several different
places to the northern boundaries of Joshua Tree National Park in the
northwest section of the Park, as depicted on the map entitled `Joshua
Tree National Park Proposed Boundary Additions', numbered 156/100,007,
and dated June 2009.
``(b) Availability of Map.--The map described in subsection (a) and
the map depicting the 25 acres described in subsection (c)(2) shall be
on file and available for public inspection in the appropriate offices
of the National Park Service.
``(c) Administration.--
``(1) In general.--The Secretary shall administer any land
added to the Joshua Tree National Park under subsection (a) and
the additional land described in paragraph (2)--
``(A) as part of Joshua Tree National Park; and
``(B) in accordance with applicable laws (including
regulations).
``(2) Description of additional land.--The additional land
referred to in paragraph (1) is the 25 acres of land--
``(A) depicted on the map entitled `Joshua Tree
National Park Boundary Adjustment Map', numbered 156/
80,049, and dated April 1, 2003;
``(B) added to Joshua Tree National Park by the
notice of the Department Interior of August 28, 2003
(68 Fed. Reg. 51799); and
``(C) more particularly described as lots 26, 27,
28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., San
Bernardino Meridian.
``SEC. 1704. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this title.
``TITLE XVIII--OFF-HIGHWAY VEHICLE RECREATION AREAS
``SEC. 1801. DESIGNATION OF OFF-HIGHWAY VEHICLE RECREATION AREAS.
``(a) Designation.--In accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and resource management
plans developed under this title and subject to valid existing rights,
the following land within the Conservation Area in San Bernardino
County, California, is designated as Off-Highway Vehicle Recreation
Areas:
``(1) El mirage off-highway vehicle recreation area.--
Certain Bureau of Land Management land in the Conservation
Area, comprising approximately 25,600 acres, as generally
depicted on the map entitled `El Mirage Off-Highway Vehicle
Recreation Area' and dated July 15, 2009, which shall be known
as the `El Mirage Off-Highway Vehicle Recreation Area'.
``(2) Johnson valley off-highway vehicle recreation area.--
``(A) In general.--Certain Bureau of Land
Management land in the Conservation Area, comprising
approximately 180,000 acres, as generally depicted on
the map entitled `Johnson Valley Off-Highway Vehicle
Recreation Area' and dated July 15, 2009, which shall
be known as the `Johnson Valley Off-Highway Vehicle
Recreation Area'.
``(B) Exclusions.--
``(i) In general.--Subject to clause (iii),
the land described in clause (ii) shall be
excluded from the Johnson Valley Off-Highway
Vehicle Recreation Area to permit the Secretary
of the Navy to study the land for--
``(I) withdrawal in accordance with
the Act of February 28, 1958 (43 U.S.C.
155 et seq.); and
``(II) potential inclusion in the
Marine Corps Air Ground Combat Center
at Twentynine Palms, California, for
national defense purposes.
``(ii) Study area.--The land referred to in
clause (i) is the land that--
``(I) is described in--
``(aa) the notice of the
Bureau of Land Management of
September 15, 2008 entitled
`Notice of Proposed Legislative
Withdrawal and Opportunity for
Public Meeting; California' (73
Fed. Reg. 53269); or
``(bb) any subsequent
notice in the Federal Register
that is related to the notice
described in item (aa); and
``(II) has been segregated by the
Director of the Bureau of Land
Management.
``(iii) Incorporation in off-highway
vehicle recreation area.--After action by the
Secretary of Defense and Congress regarding the
withdrawal under subparagraph (A), any land
within the study area that is not withdrawn
shall be incorporated into the Johnson Valley
Off-Highway Vehicle Recreation Area.
``(C) Joint use of certain land.--The Secretary of
Defense shall consider a potential joint use area
within the Johnson Valley Off-Highway Vehicle
Recreation Area as part of the environmental impact
statement of the Department of Defense that would allow
for continued recreational opportunities on the joint
use area during periods in which--
``(i) the joint use area is not needed for
military training activities; and
``(ii) public safety can be ensured.
``(D) Military access for administrative
purposes.--In cooperation with the Secretary of the
Interior, the Secretary of the Navy may, after
notifying the Secretary of the Interior, access the
Johnson Valley Off-Highway Vehicle Recreation Area for
national defense purposes supporting military training
(including military range management and exercise
control activities).
``(3) Rasor off-highway vehicle recreation area.--Certain
Bureau of Land Management land in the Conservation Area,
comprising approximately 22,400 acres, as generally depicted on
the map entitled `Rasor Off-Highway Vehicle Recreation Area'
and dated July 15, 2009, which shall be known as the `Rasor
Off-Highway Vehicle Recreation Area'.
``(4) Spangler hills off-highway vehicle recreation area.--
Certain Bureau of Land Management land in the Conservation
Area, comprising approximately 62,080 acres, as generally
depicted on the map entitled `Spangler Hills Off-Highway
Vehicle Recreation Area' and dated July 15, 2009, which shall
be known as the `Spangler Off-Highway Vehicle Recreation Area'.
``(5) Stoddard valley off-highway vehicle recreation
area.--Certain Bureau of Land Management land in the
Conservation Area, comprising approximately 54,400 acres, as
generally depicted on the map entitled `Stoddard Valley Off-
Highway Vehicle Recreation Area' and dated July 15, 2009, which
shall be known as the `Stoddard Valley Off-Highway Vehicle
Recreation Area'.
``(b) Purpose.--The purpose of the off-highway vehicle recreation
areas designated under subsection (a) is to preserve and enhance the
recreational opportunities within the Conservation Area (including
opportunities for off-highway vehicle recreation), while conserving the
wildlife and other natural resource values of the Conservation Area.
``(c) Maps and Descriptions.--
``(1) Preparation and submission.--As soon as practicable
after the date of enactment of this title, the Secretary shall
file a map and legal description of each off-highway vehicle
recreation area designated by subsection (a) with--
``(A) the Committee on Natural Resources of the
House of Representatives; and
``(B) the Committee on Energy and Natural Resources
of the Senate.
``(2) Legal effect.--The map and legal descriptions of the
off-highway vehicle recreation areas filed under paragraph (1)
shall have the same force and effect as if included in this
title, except that the Secretary may correct errors in the map
and legal descriptions.
``(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the appropriate offices of the Bureau of
Land Management.
``(d) Use of the Land.--
``(1) Recreational activities.--
``(A) In general.--The Secretary shall continue to
authorize, maintain, and enhance the recreational uses
of the off-highway vehicle recreation areas designated
by subsection (a), including off-highway recreation,
hiking, camping, hunting, mountain biking, sightseeing,
rockhounding, and horseback riding, as long as the
recreational use is consistent with this section and
any other applicable law.
``(B) Off-highway vehicle and off-highway
recreation.--To the extent consistent with applicable
Federal law (including regulations) and this section,
any authorized recreation activities and use
designations in effect on the date of enactment of this
title and applicable to the off-highway vehicle
recreation areas designated by subsection (a) shall
continue, including casual off-highway vehicular use,
racing, competitive events, rock crawling, training,
and other forms of off-highway recreation.
``(2) Wildlife guzzlers.--Wildlife guzzlers shall be
allowed in the off-highway vehicle recreation areas designated
by subsection (a) in accordance with applicable Bureau of Land
Management guidelines.
``(3) Prohibited uses.--Residential and commercial
development (including development of mining and energy
facilities, but excluding transmission line rights-of-way and
related telecommunication facilities) shall be prohibited in
the off-highway vehicle recreation areas designated by
subsection (a) if the Secretary determines that the development
is incompatible with the purpose described in subsection (b).
``(e) Administration.--
``(1) In general.--The Secretary shall administer the off-
highway vehicle recreation areas designated by subsection (a)
in accordance with--
``(A) this title;
``(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
``(C) any other applicable laws (including
regulations).
``(2) Management plan.--
``(A) In general.--As soon as practicable, but not
later than 3 years after the date of enactment of this
title, the Secretary shall--
``(i) amend existing resource management
plans applicable to the land designated as off-
highway vehicle recreation areas under
subsection (a); or
``(ii) develop new management plans for
each off-highway vehicle recreation area
designated under that subsection.
``(B) Requirements.--All new or amended plans under
subparagraph (A) shall be designed to preserve and
enhance safe off-highway vehicle and other recreational
opportunities within the applicable recreation area
consistent with--
``(i) the purpose described in subsection
(b); and
``(ii) any applicable laws (including
regulations).
``(C) Interim plans.--Pending completion of a new
management plan under subparagraph (A), the existing
resource management plans shall govern the use of the
applicable off-highway vehicle recreation area.
``(f) Study.--
``(1) In general.--As soon as practicable, but not later
than 2 years, after the date of enactment of this title, the
Secretary shall complete a study to identify Bureau of Land
Management land adjacent to the off-highway vehicle recreation
areas designated by subsection (a) that is suitable for
addition to the off-highway vehicle recreation areas.
``(2) Requirements.--In preparing the study under paragraph
(1), the Secretary shall--
``(A) seek input from stakeholders, including--
``(i) the State;
``(ii) San Bernardino County, California;
``(iii) the public;
``(iv) recreational user groups; and
``(v) conservation organizations;
``(B) explore the feasibility of expanding the
southern boundary of the off-highway vehicle recreation
area described in subsection (a)(4) to include
previously disturbed land;
``(C) identify and exclude from consideration any
land that--
``(i) is managed for conservation purposes;
``(ii) may be suitable for renewable energy
development; or
``(iii) may be necessary for energy
transmission; and
``(D) not recommend or approve expansion areas that
collectively would exceed the total acres
administratively designated for off-highway recreation
within the Conservation Area as of the date of
enactment of this title.
``(3) Applicable law.--The Secretary shall consider the
information and recommendations of the study completed under
paragraph (1) to determine the impacts of expanding off-highway
vehicle recreation areas designated by subsection (a) on the
Conservation Area, in accordance with--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
``(C) any other applicable law.
``(4) Submission to congress.--On completion of the study
under paragraph (1), the Secretary shall submit the study to--
``(A) the Committee on Natural Resources of the
House of Representatives; and
``(B) the Committee on Energy and Natural Resources
of the Senate.
``(5) Authorization for expansion.--
``(A) In general.--On completion of the study under
paragraph (1) and in accordance with all applicable
laws (including regulations), the Secretary shall
authorize the expansion of the off-highway vehicle
recreation areas recommended under the study.
``(B) Management.--Any land within the expanded
areas under subparagraph (A) shall be managed in
accordance with this section.
``TITLE XIX--MISCELLANEOUS
``SEC. 1901. STATE LAND TRANSFERS AND EXCHANGES.
``(a) Transfer of Land to Anza-Borrego Desert State Park.--
``(1) In general.--On termination of all mining claims to
the land described in paragraph (2), the Secretary shall
transfer the land described in that paragraph to the State.
``(2) Description of land.--The land referred to in
paragraph (1) is certain Bureau of Land Management land in San
Diego County, California, comprising approximately 934 acres,
as generally depicted on the 2 maps entitled `Anza-Borrego
Desert State Park Additions-Table Mountain Wilderness Study
Area' and dated July 15, 2009.
``(3) Management.--
``(A) In general.--The land transferred under
paragraph (1) shall be managed in accordance with the
provisions of the California Wilderness Act (California
Public Resources Code sections 5093.30-5093.40).
``(B) Withdrawal.--Subject to valid existing
rights, the land transferred under paragraph (1) is
withdrawn from--
``(i) all forms of entry, appropriation, or
disposal under the public land laws;
``(ii) location, entry, and patent under
the mining laws; and
``(iii) disposition under all laws relating
to mineral and geothermal leasing.
``(C) Reversion.--If the State ceases to manage the
land transferred under paragraph (1) as part of the
State Park System or in a manner inconsistent with the
California Wilderness Act (California Public Resources
Code sections 5093.30-5093.40), the land shall revert
to the Secretary, to be managed as a Wilderness Study
Area.
``(b) Land Exchanges.--
``(1) In general.--The Secretary shall, in consultation and
cooperation with the California State Lands Commission
(referred to in this section as the `Commission'), develop a
process to exchange isolated parcels of State land within the
Conservation Area for Federal land located in the Conservation
Area or other Federal land in the State that--
``(A) is consistent with the plans described in
paragraph (2); and
``(B) ensures that the conservation goals and
objectives identified in those plans are not adversely
impacted.
``(2) Description of plans.--The plans referred to in
paragraph (1) are--
``(A) the California Desert Renewable Energy
Conservation Plan;
``(B) the California Desert Conservation Area Plan;
``(C) the Northern and Eastern Colorado Desert
Plan; and
``(D) any other applicable plans.
``(3) Requirements.--The process developed under paragraph
(1) shall--
``(A) apply to all State land within the
Conservation Area that is under the jurisdiction of the
Commission;
``(B) prioritize the elimination of State land from
units of the National Park System, national monuments,
and wilderness areas;
``(C) provide the Commission with consolidated land
holdings sufficient to make the land viable for
commercial or recreation uses, including renewable
energy development, off-highway vehicle recreation, or
State infrastructure or resource needs;
``(D) establish methods to ensure that--
``(i) not later than 1 year after the date
of enactment of this title, the Secretary and
the Commission complete an inventory of Federal
land and State land in the Conservation Area
under the jurisdiction of the Secretary and the
Commission, respectively, and any other Federal
land and property outside the Conservation Area
that is determined to be suitable for exchange
consistent with paragraph (1);
``(ii) there is a public comment period of
not less than 90 days with respect to--
``(I) the inventory of land under
clause (i); and
``(II) any proposed land exchange
under this section that involves more
than 5,000 acres of Federal land;
``(iii) in preparing the inventory of
Federal land suitable for exchange under clause
(i), the Secretary shall use best efforts to
give priority to--
``(I) land that has the potential
for commercial development, including
renewable energy development, such as
wind and solar energy development;
``(II) the land described in
section 707(b)(2); and
``(III) land located outside the
boundaries of the Conservation Area
(including closed military base land
and land identified as surplus by the
Administrator of the General Services
Administration) to avoid, to the
maximum extent feasible, conflicts with
conservation of desert land;
``(iv) the inventory under clause (i) is
updated annually by the Secretary and
resubmitted to the Commission; and
``(v) the land exchanges are completed by
the date that is 10 years after the date of
enactment of this title; and
``(E) provide for the submission of annual reports
to Congress that--
``(i) describe any progress or impediments
to accomplishing the goal described in
subparagraph (D)(v); and
``(ii) any recommendations for legislation
to accomplish the goal.
``(4) Valuation.--Notwithstanding paragraphs (2) through
(5) of subsection (d) of section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(d)), if, within 180
days after the submission of an appraisal under subsection
(d)(1) of that section, the Secretary and the Commission cannot
agree to accept the findings of the appraisal--
``(A) the Secretary and the Commission shall
mutually agree to employ a process of bargaining or
some other process to determine the values of the land
involved in the exchange;
``(B) the appraisal shall be submitted to an
arbiter appointed by the Secretary from a list of
arbitrators submitted to the Secretary by the American
Arbitration Association for arbitration; and
``(C) although the decision of the arbiter under
subparagraph (B) shall be nonbinding, the decision may
be used by the Secretary and the Commission as a valid
appraisal for--
``(i) a period of 2 years; and
``(ii) on mutual agreement of the Secretary
and the Commission, an additional 2-year
period; or
``(D) on mutual agreement of the Secretary and the
Commission, the valuation process shall be suspended or
modified.
``(5) Treatment of land use restrictions and pending
applications.--For the purposes of this title--
``(A) the Secretary shall not exclude parcels from
exchanges because the parcels are subject to
designations or pending land use applications,
including applications for the development of renewable
energy;
``(B) all Federal land and State land proposed for
exchange or sale shall be valued--
``(i) according to fair market value;
``(ii) in accordance with section 206(d) of
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(d)); and
``(iii) without regard to--
``(I) pending land use
applications;
``(II) renewable energy
designations; or
``(III) any land use restrictions
on adjacent land.
``(6) Cooperation agreements.--The Secretary may--
``(A) enter into such joint agreements with the
General Services Administration and the Commission as
the Secretary determines to be necessary to facilitate
land exchanges, including agreements that establish
accounting mechanisms--
``(i) to be used for tracking the
differential in dollar value of land conveyed
in a series of transactions; and
``(ii) that, notwithstanding part 2200 of
title 43, Code of Federal Regulations (or
successor regulations), may carry outstanding
cumulative credit balances until the completion
of the land exchange process developed under
paragraph (1); and
``(B) to the extent that the agreement does not
conflict with this section, continue using the
agreement entitled `Memorandum of Agreement Between
California State Lands Commission, General Services
Administration, and the Department of the Interior
Regarding: Implementation of the California Desert
Protection Act', which became effective on November 7,
1995.
``(7) Existing law.--Except as otherwise provided in this
section, nothing in this section supersede or limits section
707.
``(8) State land leases.--
``(A) In general.--The Secretary shall manage any
State land described in subparagraph (B) in accordance
with the terms and conditions of the applicable State
lease agreement for the duration of the lease, subject
to applicable laws (including regulations).
``(B) Description of state land.--The State land
referred to in subparagraph (A) is any State land
within the Conservation Area that is subject to a lease
or permit on the date of enactment of this title that
is transferred to the Federal Government.
``(C) Expiration of lease.--On the expiration of a
State lease referred to in subparagraph (A), the
Secretary shall provide lessees with the opportunity to
seek Federal permits to continue the existing use of
the State land without further action otherwise
required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(D) Applicable law.--Except as otherwise provided
in this section, any State land transferred to the
United States under this section shall be managed in
accordance with all laws (including regulations) and
rules applicable to the public land adjacent to the
transferred State land.
``(c) Twentynine Palms Marine Corp Base.--
``(1) In general.--The Secretary and the Secretary of
Defense, in consultation and in cooperation with the California
State Lands Commission, shall develop a process to purchase or
exchange parcels of State land within the area of expansion and
land use restrictions planned for the Twentynine Palms Marine
Corp Base.
``(2) Requirements.--The process developed under paragraph
(1) for exchanged parcels of State land shall provide the
California State Lands Commission with consolidated land
holdings sufficient to make the land viable for commercial or
recreational uses, including renewable energy development, off-
highway vehicle recreation, or State infrastructure or resource
needs.
``(3) Applicable law.--An exchange of land under this
subsection shall be subject to the requirements of subsection
(b).
``(d) Holtville Airport, Imperial County.--
``(1) In general.--On the submission of an application by
Imperial County, California, the Secretary of Transportation
shall, in accordance with section 47125 of title 49, United
States Code, and section 2641.1 of title 43, Code of Federal
Regulations (or successor regulations) seek a conveyance from
the Secretary of approximately 3,500 acres of Bureau of Land
Management land adjacent to the Imperial County Holtville
Airport (L04) for the purposes of airport expansion.
``(2) Segregation.--The Secretary (acting through the
Director of the Bureau of Land Management) shall, with respect
to the land to be conveyed under paragraph (1)--
``(A) segregate the land; and
``(B) prohibit the appropriation of the land
until--
``(i) the date on which a notice of realty
action terminates the application; or
``(ii) the date on which a document of
conveyance is published.
``(e) Needles Solar Reserve, San Bernardino County.--
``(1) In general.--The Secretary shall grant to the
Commission a right of first refusal to exchange the State land
described in paragraph (2) for Bureau of Land Management land
identified for disposal.
``(2) Secondary right of refusal.--If the Commission
declines to exchange State land for Bureau of Land Management
land identified for disposal within the city limits of Needles,
California, the City of Needles shall have a secondary right of
refusal to acquire the land.
``SEC. 1902. MILITARY ACTIVITIES.
``Nothing in this Act--
``(1) restricts or precludes Department of Defense
motorized access by land or air--
``(A) to respond to an emergency within a
wilderness area designated by this Act; or
``(B) to control access to the emergency site;
``(2) prevents nonmechanized military training activities
previously conducted on wilderness areas designated by this
title that are consistent with--
``(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
``(B) all applicable laws (including regulations);
``(3) restricts or precludes low-level overflights of
military aircraft over the areas designated as wilderness,
national monuments, special management areas, or recreation
areas by this Act, including military overflights that can be
seen or heard within the designated areas;
``(4) restricts or precludes flight testing and evaluation
in the areas described in paragraph (3); or
``(5) restricts or precludes the designation or creation of
new units of special use airspace, or the establishment of
military flight training routes, over the areas described in
paragraph (3).
``SEC. 1903. CLIMATE CHANGE AND WILDLIFE CORRIDORS.
``(a) In General.--The Secretary shall--
``(1) assess the impacts of climate change on the
Conservation Area; and
``(2) establish policies and procedures to ensure the
preservation of wildlife corridors and facilitate species
migration likely to occur due to climate change.
``(b) Study.--
``(1) In general.--As soon as practicable, but not later
than 2 years, after the date of enactment of this title, the
Secretary shall complete a study regarding the impact of global
climate change on the Conservation Area.
``(2) Components.--The study under paragraph (1) shall--
``(A) identify the species migrating, or likely to
migrate, due to climate change;
``(B) examine the impacts and potential impacts of
climate change on--
``(i) plants, insects, and animals;
``(ii) soil;
``(iii) air quality;
``(iv) water quality and quantity; and
``(v) species migration and survival;
``(C) identify critical wildlife and species
migration corridors recommended for preservation; and
``(D) include recommendations for ensuring the
biological connectivity of public land managed by the
Secretary and the Secretary of Defense throughout the
Conservation Area.
``(3) Rights-of-way.--The Secretary shall consider the
information and recommendations of the study under paragraph
(1) to determine the individual and cumulative impacts of
rights-of-way for projects in the Conservation Area, in
accordance with--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
``(C) any other applicable law.
``(c) Land Management Plans.--The Secretary shall incorporate into
all land management plans applicable to the Conservation Area the
findings and recommendations of the study completed under subsection
(b).
``SEC. 1904. PROHIBITED USES OF DONATED AND ACQUIRED LAND.
``(a) Definitions.--In this section:
``(1) Acquired land.--The term `acquired land' means any
land acquired for the Conservation Area using amounts from the
Land and Water Conservation Fund established under section 2 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-5).
``(2) Donated land.--The term `donated land' means any
private land donated to the United States for conservation
purposes in the Conservation Area.
``(3) Donor.--The term `donor' means an individual or
entity that donates private land within the Conservation Area
to the United States.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
``(b) Prohibitions.--Except as provided in subsection (c), there
shall be prohibited with respect to donated land or acquired land--
``(1) disposal; or
``(2) any land use authorization that would result in
appreciable damage or disturbance to the public lands,
including--
``(A) rights-of-way;
``(B) leases;
``(C) livestock grazing;
``(D) infrastructure development;
``(E) mineral entry;
``(F) off-highway vehicle use, except on--
``(i) designated routes;
``(ii) off-highway vehicle areas designated
by law; and
``(iii) administratively-designated open
areas; and
``(G) any other activities that would create
impacts contrary to the conservation purposes for which
the land was donated or acquired.
``(c) Exceptions.--
``(1) Authorization by secretary.--Subject to paragraph
(2), the Secretary may authorize limited exceptions to
prohibited uses of donated land or acquired land in the
Conservation Area if--
``(A) an applicant has submitted a right-of-way use
application to the Bureau of Land Management proposing
renewable energy development on the donated land or
acquired land on or before December 1, 2009; or
``(B) after the completion of an analysis under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), including full public participation in
the analysis, the Secretary has determined that--
``(i) the use of the donated land or
acquired land is in the public interest;
``(ii) the impacts of the use are fully and
appropriately mitigated; and
``(iii) the land was donated or acquired on
or before December 1, 2009.
``(2) Conditions.--
``(A) In general.--If the Secretary grants an
exception to the prohibition under paragraph (1), the
Secretary shall require the permittee to acquire and
donate comparable private land to the United States to
mitigate the use.
``(B) Approval.--The private land to be donated
under subparagraph (A) shall be approved by the
Secretary after consultation, to the maximum extent
practicable, with the donor of the private land
proposed for non-conservation uses.
``(d) Existing Agreements.--Nothing in this section affects
permitted or prohibited uses of donated land or acquired land in the
Conservation Area established in any easements, deed restrictions,
memoranda of understanding, or other agreements in existence on the
date of enactment of this title.
``(e) Deed Restrictions.--The Secretary may accept deed
restrictions requested by donors for land donated to the United States
within the Conservation Area after the date of enactment of this title.
``SEC. 1905. TRIBAL USES AND INTERESTS.
``(a) Access.--The Secretary shall ensure access to areas
designated under this Act by members of Indian tribes for traditional
cultural and religious purposes, consistent with applicable law,
including Public Law 95-341 (commonly known as the ``American Indian
Religious Freedom Act'') (42 U.S.C. 1996).
``(b) Temporary Closure.--
``(1) In general.--In accordance with applicable law,
including Public Law 95-341 (commonly known as the ``American
Indian Religious Freedom Act'') (42 U.S.C. 1996), and subject
to paragraph (2), the Secretary, on request of an Indian tribe
or Indian religious community, shall temporarily close to
general public use any portion of an area designated as a
national monument, special management area, wild and scenic
river, or National Park System unit under this Act (referred to
in this subsection as a `designated area') to protect the
privacy of traditional cultural and religious activities in the
designated area by members of the Indian tribe or Indian
religious community.
``(2) Limitation.--In closing a portion of a designated
area under paragraph (1), the Secretary shall limit the closure
to the smallest practicable area for the minimum period
necessary for the traditional cultural and religious
activities.
``(c) Tribal Cultural Resources Management Plan.--
``(1) In general.--Not later than 2 years after the date of
enactment of this title, the Secretary of the Interior shall
develop and implement a tribal cultural resources management
plan to identify, protect, and conserve cultural resources of
Indian tribes associated with the Xam Kwatchan Trail network
extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal
(Pilot Knob, California).
``(2) Consultation.--The Secretary shall consult on the
development and implementation of the tribal cultural resources
management plan under paragraph (1) with--
``(A) each of--
``(i) the Chemehuevi Indian Tribe;
``(ii) the Hualapai Tribal Nation;
``(iii) the Fort Mojave Indian Tribe;
``(iv) the Colorado River Indian Tribes;
``(v) the Quechan Indian Tribe; and
``(vi) the Cocopah Indian Tribe; and
``(B) the Advisory Council on Historic
Preservation.
``(3) Resource protection.--The tribal cultural resources
management plan developed under paragraph (1) shall be--
``(A) based on a completed tribal cultural
resources survey; and
``(B) include procedures for identifying,
protecting, and preserving petroglyphs, ancient trails,
intaglios, sleeping circles, artifacts, and other
resources of cultural, archaeological, or historical
significance in accordance with all applicable laws and
policies, including--
``(i) the National Historic Preservation
Act (16 U.S.C. 470 et seq.);
``(ii) Public Law 95-341 (commonly known as
the `American Indian Religious Freedom Act')
(42 U.S.C. 1996);
``(iii) the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470aa et
seq.);
``(iv) the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001
et seq.); and
``(v) Public Law 103-141 (commonly known as
the `Religious Freedom Restoration Act of
1993') (42 U.S.C. 2000bb et seq.).
``(d) Withdrawal.--Subject to valid existing rights, all Federal
land within the area administratively withdrawn and known as the
`Indian Pass Withdrawal Area' is permanently withdrawn from--
``(1) all forms of entry, appropriation, or disposal under
the public laws;
``(2) location, entry, and patent under the mining laws;
and
``(3) right-of-way leasing and disposition under all laws
relating to mineral, solar, wind, and geothermal energy.''.
(b) Conforming Amendments.--
(1) Short title.--Section 1 of the California Desert
Protection Act of 1994 (16 U.S.C. 410aaa note) is amended by
striking ``1 and 2, and titles I through IX'' and inserting
``1, 2, and 3, titles I through IX, and titles XIII through
XIX''.
(2) Definitions.--The California Desert Protection Act of
1994 (Public Law 103-433; 108 Stat. 4481) is amended by
inserting after section 2 the following:
``SEC. 3. DEFINITIONS.
``In titles XIII through XIX:
``(1) Conservation area.--The term `Conservation Area'
means the California Desert Conservation Area.
``(2) Secretary.--The term `Secretary' means--
``(A) with respect to land under the jurisdiction
of the Secretary of the Interior, the Secretary of the
Interior; and
``(B) with respect to land under the jurisdiction
of the Secretary of Agriculture, the Secretary of
Agriculture.
``(3) State.--The term `State' means the State of
California.''.
(3) Administration of wilderness areas.--Section 103 of the
California Desert Protection Act of 1994 (Public Law 103-433;
108 Stat. 4481) is amended--
(A) by striking subsection (d) and inserting the
following:
``(d) No Buffer Zones.--
``(1) In general.--Congress does not intend for the
designation of wilderness areas by this Act--
``(A) to require the additional regulation of land
adjacent to the wilderness areas; or
``(B) to lead to the creation of protective
perimeters or buffer zones around the wilderness areas.
``(2) Nonwilderness activities.--Any nonwilderness
activities (including renewable energy projects, mining,
camping, hunting, and military activities) in areas immediately
adjacent to the boundary of a wilderness area designated by
this Act shall not be restricted or precluded by this Act,
regardless of any actual or perceived negative impacts of the
nonwilderness activities on the wilderness area, including any
potential indirect impacts of nonwilderness activities
conducted outside the designated wilderness area on the
viewshed, ambient noise level, or air quality of wilderness
area.'';
(B) in subsection (f), by striking ``designated by
this title and'' inserting ``, potential wilderness
areas, special management areas, and national monuments
designated by this title or titles XIII through XIX'';
and
(C) in subsection (g), by inserting ``, a potential
wilderness area, a special management areas, or
national monument'' before ``by this Act''.
(4) Mojave national preserve.--Title V of the California
Desert Protection Act of 1994 (16 U.S.C. 410aaa-41 et seq.) is
amended by adding at the end the following:
``SEC. 520. NATIVE GROUNDWATER SUPPLIES.
``The Director of the Bureau of Land Management shall not access or
process any application for a right-of-way for development projects
that propose to use native groundwater from aquifers adjacent to the
Mojave National Preserve that individually or collectively, in
combination with proposed or anticipated projects on private land,
require the use of native groundwater in excess of the estimated
recharge rate as determined by the United States Geological Survey.''.
(5) Amendments to the california military lands withdrawal
and overflights act of 1994.--
(A) Findings.--Section 801(b)(2) of the California
Military Lands Withdrawal and Overflights Act of 1994
(16 U.S.C. 410aaa-82 note) is amended by inserting ``,
national monuments, special management areas, potential
wilderness areas,'' before ``and wilderness areas''.
(B) Overflights; special airspace.--Section 802 of
the California Military Lands Withdrawal and
Overflights Act of 1994 (16 U.S.C. 410aaa-82) is
amended--
(i) in subsection (a), by inserting ``,
national monuments, or special management
areas'' before ``designated by this Act'';
(ii) in subsection (b), by inserting ``,
national monuments, or special management
areas'' before ``designated by this Act''; and
(iii) by adding at the end the following:
``(d) Department of Defense Facilities.--Nothing in this Act alters
any authority of the Secretary of Defense to conduct military
operations at installations and ranges within the California Desert
Conservation Area that are authorized under any other provision of
law.''.
SEC. 102. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended--
(1) in paragraph (196), by striking subparagraph (A) and
inserting the following:
``(A)(i) The approximately 1.4-mile segment of the
Amargosa River in the State of California, from the
private property boundary in sec. 19, T. 22 N., R. 7
E., to 100 feet downstream of Highway 178, to be
administered by the Secretary of the Interior as a
scenic river as an addition to the Amargosa Wild and
Scenic River on publication by the Secretary of the
Interior of a notice in the Federal Register that
sufficient inholdings within the boundaries of the
segment have been acquired as scenic easements or in
fee title to establish a manageable addition to the
Amargosa Wild and Scenic River.
``(ii) The approximately 6.1-mile segment of the
Amargosa River in the State of California, from 100
feet downstream of the State Highway 178 crossing to
100 feet upstream of the Tecopa Hot Springs Road
crossing, to be administered by the Secretary of the
Interior as a scenic river.''; and
(2) by adding at the end the following:
``(208) Surprise canyon creek, california.--
``(A) In general.--The following segments of
Surprise Canyon Creek in the State of California, to be
administered by the Secretary of the Interior:
``(i) The approximately 5.3 miles of
Surprise Canyon Creek from the confluence of
Frenchman's Canyon and Water Canyon to 100-feet
upstream of Chris Wicht Camp, as a wild river.
``(ii) The approximately 1.8 miles of
Surprise Canyon Creek from 100 feet upstream of
Chris Wicht Camp to the southern boundary of
sec. 14, T. 21 N., R. 44 E., as a recreational
river.
``(B) Effect on historic mining structures.--
Nothing in this paragraph affects the historic mining
structures associated with the former Panamint Mining
District.
``(209) Deep creek, california.--
``(A) In general.--The following segments of Deep
Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(i) The approximately 6.5-mile segment
from 0.125 mile downstream of the Rainbow Dam
site in sec. 33, T. 2 N., R. 2 W., to 0.25-
miles upstream of the Road 3N34 crossing, as a
wild river.
``(ii) The 0.5-mile segment from 0.25 mile
upstream of the Road 3N34 crossing to 0.25 mile
downstream of the Road 3N34 crossing, as a
scenic river.
``(iii) The 2.5-mile segment from 0.25
miles downstream of the Road 3 N. 34 crossing
to 0.25 miles upstream of the Trail 2W01
crossing, as a wild river.
``(iv) The 0.5-mile segment from 0.25 miles
upstream of the Trail 2W01 crossing to 0.25
mile downstream of the Trail 2W01 crossing, as
a scenic river.
``(v) The 10-mile segment from 0.25 miles
downstream of the Trail 2W01 crossing to the
upper limit of the Mojave dam flood zone in
sec. 17, T. 3 N., R. 3 W., as a wild river.
``(vi) The 11-mile segment of Holcomb Creek
from 100 yards downstream of the Road 3N12
crossing to .25 miles downstream of Holcomb
Crossing, as a recreational river.
``(vii) The 3.5-mile segment of the Holcomb
Creek from 0.25 miles downstream of Holcomb
Crossing to the Deep Creek confluence, as a
wild river.
``(B) Effect on ski operations.--Nothing in this
paragraph affects--
``(i) the operations of the Snow Valley Ski
Resort; or
``(ii) the State regulation of water rights
and water quality associated with the operation
of the Snow Valley Ski Resort.
``(210) Whitewater river, california.--The following
segments of the Whitewater River in the State of California, to
be administered by the Secretary of Agriculture and the
Secretary of the Interior, acting jointly:
``(A) The 5.8-mile segment of the North Fork
Whitewater River from the source of the River near Mt.
San Gorgonio to the confluence with the Middle Fork, as
a wild river.
``(B) The 6.4-mile segment of the Middle Fork
Whitewater River from the source of the River to the
confluence with the South Fork, as a wild river.
``(C) The 1-mile segment of the South Fork
Whitewater River from the confluence of the River with
the East Fork to the section line between sections 32
and 33, T. 1 S., R. 2 E., as a wild river.
``(D) The 1-mile segment of the South Fork
Whitewater River from the section line between sections
32 and 33, T. 1 S., R. 2 E., to the section line
between sections 33 and 34, T. 1 S., R. 2 E., as a
recreational river.
``(E) The 4.9-mile segment of the South Fork
Whitewater River from the section line between sections
33 and 34, T. 1 S., R. 2 E., to the confluence with the
Middle Fork, as a wild river.
``(F) The 5.4-mile segment of the main stem of the
Whitewater River from the confluence of the South and
Middle Forks to the San Gorgonio Wilderness boundary,
as a wild river.
``(G) The 2.7-mile segment of the main stem of the
Whitewater River from the San Gorgonio Wilderness
boundary to the southern boundary of section 26, T. 2
S., R. 3 E., as a recreational river.''.
TITLE II--DESERT RENEWABLE ENERGY PERMITTING
SEC. 201. RENEWABLE ENERGY COORDINATION OFFICES TO IMPROVE FEDERAL
PERMIT COORDINATION FOR RENEWABLE ENERGY.
(a) In General.--Section 365 of the Energy Policy Act of 2005 (42
U.S.C. 15924) is amended--
(1) by redesignating subsection (j) as subsection (l); and
(2) by inserting after subsection (i) the following:
``(j) Renewable Energy Coordination Offices To Improve Federal
Permit Coordination for Renewable Energy.--
``(1) Definition of renewable energy.--In this subsection,
the term `renewable energy' means energy derived from a wind,
solar, renewable biomass, or geothermal source.
``(2) Field and district offices.--As part of the Pilot
Project, the Secretary shall designate at least 1 field or
district office of the Bureau of Land Management in each of the
following States to serve as Renewable Energy Coordination
Offices for coordination of Federal permits for renewable
energy projects and transmission lines to integrate renewable
energy:
``(A) Arizona.
``(B) California.
``(C) Colorado.
``(D) Idaho.
``(E) New Mexico.
``(F) Nevada.
``(G) Montana.
``(H) Oregon.
``(I) Utah.
``(J) Wyoming.
``(3) Memorandum of understanding.--
``(A) In general.--Not later than 90 days after the
date of enactment of this subparagraph, for purposes of
carrying out this subsection, the Secretary shall enter
into a memorandum of understanding with the Secretary
of Agriculture, the Chief of Engineers, and the
Secretary of Defense to provide coordinated senior
management review and detailed resources for the
inclusion of the additional Renewable Energy
Coordination Offices in the Pilot Project.
``(B) Contents.--The memorandum shall--
``(i) address--
``(I) processes for improving
renewable energy project review;
``(II) timelines for environmental
review of renewable energy projects;
``(III) clear channels of
communication within and between
departments, agencies, and States; and
``(IV) processes for facilitating
siting and permitting of renewable
energy projects consistent with Federal
and State climate and renewable energy
policy objectives;
``(ii) establish a single multiagency,
joint process under which renewable energy
projects are--
``(I) reviewed and approved,
including the establishment of
milestone schedules for each project;
``(II) to the maximum extent
practicable, coordinated and unified
with any applicable State process; and
``(III) to the maximum extent
practicable, reviewed with a lead
agency responsible for establishing and
enforcing schedules with which other
Federal agencies are required to
comply; and
``(iii) establish a cooperative arrangement
between applicable Federal and State resources
agencies in which a single agency is the lead
permitting agency responsible for coordinating
with other applicable Federal and State
agencies.
``(C) Signature of secretary.--The Secretary shall
be a signatory of the memorandum of understanding.
``(D) Signatures by governors.--The Secretary may
request that the Governors of each of the States
described in paragraph (2) be signatories to the
memorandum of understanding.
``(4) Designation of qualified staff.--Not later than 45
days after the date of the signing of the amended memorandum of
understanding, all Federal signatory parties shall, if
appropriate, assign to each Renewable Energy Coordination
Office designated under paragraph (2) an employee described in
subsection (c) responsible for carrying out duties described in
that subsection.
``(5) Additional personnel.--The Secretary shall assign to
each Renewable Energy Coordination Office additional personnel
under subsection (f).
``(6) Administration.--
``(A) In general.--The manager of each Renewable
Energy Coordination Office shall--
``(i) report to the Director of the Bureau
of Land Management; and
``(ii) consult on a regular basis with the
Director of the United States Fish and Wildlife
Service.
``(B) Lead office.--To the maximum extent
practicable, a Renewable Energy Coordination Office
shall serve as the lead office for processing utility
scale wind and solar projects in a State with a
Renewable Energy Coordination Office.
``(k) Distribution of Solar and Wind Energy Income.--
``(1) In general.--Subject to paragraphs (2) through (4)
and notwithstanding any other provision of law, for fiscal year
2009 and each fiscal year thereafter, of the amount of income
from solar and wind energy development collected by the Bureau
of Land Management through an office designated under
subsection (j)(2)--
``(A) 25 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 2020, 40 percent shall be deposited in a
special fund in the Treasury, to be known as the `BLM
Permit Processing Improvement Fund'; and
``(ii) in the case of fiscal year 2021 and each
fiscal year thereafter, 40 percent shall be deposited
in the land and water conservation fund established
under section 2 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-5); and
``(D) 10 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.--If the Secretary intends to allow right-
of-way use authorizations for the purpose of developing a wind
or solar electricity generation project, the Secretary shall
determine the fair market value of public land for the purpose
of determining income as follows:
``(A) The fair market value of 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 fair market value of public land used for
wind energy projects shall be determined in accordance
with the fee schedule established by the Secretary,
acting through the Bureau of Land Management.
``(3) 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 of the production
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.
``(4) Use of funds by state and local governments.--A State
or local government receiving funds under this subsection shall
submit to the Secretary and the appropriate committees of
Congress an annual report describing how the funds have been
used to advance renewable energy, energy efficiency, and
conservation.''.
(b) BLM Permit Processing Improvement Fund.--Section 35(c) of the
Mineral Leasing Act (30 U.S.C. 191(c)) is amended by striking paragraph
(3) and inserting the following:
``(3) Availability of fund.--
``(A) In general.--For each of fiscal years 2006
through 2020, the Fund shall be available to the
Secretary of the Interior for expenditure, without
further appropriation and without fiscal year
limitation, for--
``(i) the coordination and processing of
oil and gas use authorizations on onshore
Federal land under the jurisdiction of the
Pilot Project offices described in section
365(d) of the Energy Policy Act of 2005 (42
U.S.C. 15924(d));
``(ii) the coordination and processing of
renewable energy use authorizations on onshore
Federal land under title V of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1761 et seq.) and under the jurisdiction of the
Renewable Energy Coordination Offices described
in section 365(j) of the Energy Policy Act of
2005 (42 U.S.C. 15924(j));
``(iii) the coordination and processing of
permits, consultations, and habitat
conservation plans under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) by the
United States Fish and Wildlife Service that
are necessary to build renewable energy
projects on private land in the States
described in paragraph (2)(A); and
``(iv) the coordination and processing of
necessary permits required for wind and solar
energy projects participating in the Mitigation
Bank Program established under section
205(d)(1) of the California Desert
Conservation, Recreation, and Renewable Energy
Act.
``(B) Transfer of funds.--For the purposes of
coordination and processing of renewable energy permits
required for renewable energy projects described in
subparagraph (A), the Secretary may authorize the
expenditure or transfer of funds from the BLM Permit
Processing Improvement Fund as necessary to--
``(i) the United States Fish and Wildlife
Service;
``(ii) the Bureau of Indian Affairs;
``(iii) the Forest Service;
``(iv) the Environmental Protection Agency;
``(v) the Corps of Engineers; and
``(vi) the States of Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico,
Oregon, Utah, and Wyoming (for costs incurred
by the States relating to the permitting
process).''.
SEC. 202. DEADLINES FOR CONSIDERATION OF APPLICATIONS FOR WIND AND
SOLAR ENERGY RIGHT-OF-WAY USE AUTHORIZATIONS.
(a) Purposes.--The purposes of this section are--
(1) to eliminate expeditiously the backlog of right-of-way
use applications that propose wind and solar energy development
on land located in the western region of the United States;
(2) to establish a procedure for focusing the resources of
the Federal Government on the most economically and
environmentally viable renewable energy development proposals;
and
(3) to provide guidance to the Department of the Interior
to dismiss or defer renewable energy development proposals that
are not viable.
(b) Application Process.--Not later than 60 days after the later of
the date of enactment of this Act or the date on which the Secretary of
the Interior (referred to in this section as the ``Secretary'')
receives a right-of-way application for an authorization to construct a
wind or solar electricity generation facility in the State of Arizona,
California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,
or Wyoming, the Secretary shall--
(1) notify the applicant that the application--
(A) is complete; and
(B) has met the requirements necessary for the
Secretary--
(i) to issue a notice of intent to evaluate
the project under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(ii) to evaluate the project under that Act
under provisions of law that do not require a
notice to be issued; or
(2) provide to the applicant a notice--
(A) to inform the applicant that the review of the
application of the applicant under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been deferred because the application of the
applicant is incomplete; and
(B) that contains a description of the information
that is required by the Secretary to consider the
application to be complete, including--
(i) a description of each action that the
applicant may take (including any applicable
time line or deadline for completing each
action in a manner acceptable to the Secretary)
for the right-of-way use authorization
application to be considered complete for
purposes of evaluation under subparagraph (A),
including--
(I) the adequate completion of any
necessary cultural or biological
survey, as necessary under--
(aa) the Endangered Species
Act of 1973 (16 U.S.C. 1531 et
seq.);
(bb) the Act of June 8,
1906 (16 U.S.C. 431 et seq.);
and
(cc) the National Historic
Preservation Act (16 U.S.C. 470
et seq.);
(II) the filing of a plan of
development adequate for the initiation
of environmental review;
(III) the acceptance of an
application for an interconnection
agreement with an electrical grid
operator that is registered with the
North American Electric Reliability
Corporation; and
(IV) the establishment of an
adequate plan that contains a
description of the manner by which the
applicant will obtain sufficient water
for the project that is the subject of
the application; and
(ii) a description of each action that the
Bureau of Land Management (as lead Federal
permitting agency) and the United States Fish
and Wildlife Service shall take to achieve
compliance with each applicable law (including
regulations), including any applicable time
line or deadline for completing each action.
(c) Requirements for Deferred Applications.--If the Secretary
provides to an applicant a notice under subsection (b)(2), not later
than 30 days after the date of receipt of the notice by the applicant
or 30 days after each deadline established in the notice to the
applicant (whichever is applicable), the applicant shall complete, in a
manner acceptable to the Secretary, each requirement specified by the
Secretary (including submitting to the Secretary any information that
the Secretary determines to be necessary to achieve compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)).
(d) Issuance of Notice Regarding Evaluation.--Not later than 30
days after the date on which an applicant for a right-of-way use
authorization described in subsection (b) has submitted to the
Secretary a complete application, the Secretary shall issue a notice of
intent to evaluate the right-of-way use authorization application
under--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) any other applicable environmental law (including
regulations)
(e) Requirements for Environmental Review.--
(1) Environmental review.--
(A) In general.--Subject to subparagraph (C), if
the Secretary issues a notice of intent under
subsection (d) to evaluate the right-of-way use
authorization application of an applicant under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), not later than 15 months after the date
on which the notice of intent is issued, the Secretary
shall issue a final environmental impact statement or
an environmental assessment regarding the right-of-way
use authorization application.
(B) Deadlines.--Subject to subparagraph (C), if the
Secretary, acting through the Bureau of Land
Management, issues a notice of intent under subsection
(d) to evaluate the right-of-way use authorization
application of an applicant, the Bureau of Land
Management and the United States Fish and Wildlife
Service shall complete consultation in compliance with
the deadlines established under section 7(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)).
(C) Determination of secretary.--If the Secretary
determines that compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and any other applicable law (including
regulations) cannot been achieved by the date described
in subparagraph (A) or (B), the Secretary--
(i) shall inform the applicant (in
reasonable detail) of the reasons for the
delay; and
(ii) may issue the environmental impact
statement or environmental assessment on a
later date.
(2) Issuance of decision on right-of-way use authorization
application.--Not later than 90 days after the date of
completion by the Secretary of an environmental impact
statement or environmental assessment of a right-of-way use
authorization application under paragraph (1)(A), the Secretary
shall accept or deny the right-of-way use authorization
application.
(f) Denial of Right-of-Way Use Authorization Applications.--
(1) In general.--Subject to paragraph (2), the Secretary
shall deny the right-of-way use authorization application of an
applicant if the applicant--
(A) fails to meet any deadline established by the
Secretary under this section;
(B) submits materials that, as determined by the
Secretary, are inadequate to process the application
expeditiously;
(C) proposes development in an area that the
Secretary determines--
(i) is not open to multiple uses; or
(ii) is a low priority area for
development; or
(D) fails to comply with any applicable law
(including regulations).
(2) Weather events; acts of god.--The Secretary may grant
extensions to applications subject to denial under paragraph
(1) if the failure of the applicant resulted from an
administrative action, weather event, or other act of God that
the Secretary determines to be beyond the control of the
applicant.
(3) Authority to deny or prioritize right of way
authorization applications based on site conflicts.--
(A) Definition of high public resource conflict.--
In this paragraph, the term ``high public resource
conflict'' means an expected impact to public resource
values (including wilderness quality land (other than
visual and noise impacts), threatened and endangered
species and habitat of the species, State-listed
species, sensitive species listed by the Bureau of Land
Management, ground water resources, and cultural and
historic resources) that, as determined by the
Secretary, cannot be addressed through the use of best
management practices or other measures.
(B) Authority.--At any time after a right-of-way
use authorization application has been filed, the
Secretary may--
(i) deny a right-of-way use authorization
application that proposes development in an
area in which the proposed development will
result in a high public resource conflict
(based on the best available information); and
(ii) prioritize a right-of-way use
authorization application that proposes
renewable energy development in an area in
which the proposed development will not result
in a high public resource conflicts (based on
the best available information) and will access
existing electric transmission and utility
corridor rights-of-way.
(C) Relationship to goals.--Nothing in this
paragraph affects the goals established under section
211 of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 660).
(g) Biannual Reports.--Not later than 180 days after the date of
enactment of this Act and twice a year thereafter, the Secretary shall
submit to the appropriate committees of Congress a report that, for the
period covered by the report, contains--
(1) a description of each right-of-way use authorization
application for which the applicant or the Secretary failed to
meet a deadline under this section; and
(2) with respect to each application included under
paragraph (1), a justification for why--
(A) the Secretary failed to meet a deadline under
this section; or
(B) the Secretary has not rejected the application
as a result of the applicant of the application failing
to meet a deadline established by the Secretary under
subsection (e).
(h) Fees.--
(1) In general.--Upon acceptance of an initial right-of-way
use authorization application to construct a wind or solar
facility on Federal land, the Secretary shall require the
applicant to transfer to the Secretary a refundable deposit of
an amount equal to not less than 50 percent of the amount that
the Secretary estimates to be necessary for the Bureau of Land
Management and United States Fish and Wildlife Service to
complete the review of the right-of-way use authorization
application.
(2) Return of funds.--If an applicant withdraws a right-of-
way use authorization application accepted under paragraph (1),
the Secretary shall transfer to the applicant the amount of the
refundable deposit that the Secretary has not used as of the
date of the withdrawal of the application.
(i) Nonapplication to Royalty or Leasing Pilot Program Land.--This
section shall not apply to wind or solar development proposals for land
designated as part of a pilot program established by the Secretary of
the Interior to lease Federal land without pending right-of-way use
authorizations or require royalty payments in place of fair market
rental fees.
SEC. 203. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS AND LAND USE
PLANNING.
(a) Public Land.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior shall--
(1) complete a programmatic environmental impact statement
in accordance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)--
(A) to analyze the potential impacts of--
(i) a program to develop solar energy on
land administered by the Secretary, acting
through the Bureau of Land Management;
(ii) in consultation with the United States
Fish and Wildlife Service, the designation and
full environmental evaluation of low conflict
zones in which solar energy project development
may be permitted after completion of a project
level environmental assessment under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(iii) any necessary amendments to land use
plans for the land; and
(B) which shall include an assessment of the
optimal size, acreage, and technology of solar
projects; and
(2) amend any land use plans as appropriate to provide for
the development of renewable energy in areas considered
appropriate by the Secretary, consistent with the programmatic
environmental impact statements for wind and solar power
completed by the Secretary.
(b) National Forest System Land.--As soon as practicable but not
later than 18 months after the date of enactment of this Act, the
Secretary of Agriculture shall--
(1) complete a programmatic environmental impact statement
in accordance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts
of--
(A) a program to develop solar, biomass, and wind
energy on National Forest System land administered by
the Secretary; and
(B) any necessary amendments to land use plans for
the land; and
(2) amend any land use plans as appropriate to provide for
the development of renewable energy in areas considered
appropriate by the Secretary immediately on completion of the
programmatic environmental impact statement.
(c) Military Installations.--As soon as practicable, but not later
than 18 months, after the date of enactment of this Act, the Secretary
of Defense shall--
(1) complete a programmatic environmental impact statement
in accordance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts
of--
(A) a program--
(i) to develop solar, wind, and geothermal
energy, and associated electric transmission
capacity, on military installations
administered by the Secretary of Defense in the
Mojave and Colorado Deserts of the States of
Arizona, California, and Nevada, including
withdrawn land; and
(ii) that is consistent with the training
and other military needs of the Department of
Defense; and
(B) any necessary amendments to base management
plans or policies for the land; and
(2) upon completion of the programmatic environmental
impact statement under paragraph (1), amend any base management
plan or policy that the Secretary of Defense determines to be
appropriate to provide for the development of renewable energy
in areas that the Secretary considers to be appropriate and
consistent with the military mission of the Department of
Defense.
SEC. 204. MILITARY INSTALLATIONS STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, in accordance with subsection (b), the Secretary of
Defense (referred to in this section as the ``Secretary'') shall
complete a study to analyze the potential impacts of a program to
develop large-scale renewable electricity generation projects on land
within the borders of a military installation under the jurisdiction of
the Secretary in the Mojave and Colorado Deserts of the States of
California and Nevada.
(b) Required Components.--In carrying out the study under
subsection (a), the Secretary shall--
(1) determine the extent to which renewable energy
generation at military installations could be conducted in a
manner consistent with the military mission of the
installations;
(2) estimate the solar energy generation potential at each
military installation in the study area on parcels of land that
do not interfere with the military mission of the installation;
(3) describe current and proposed large-scale solar energy
generation projects, the capacity of which are not less than 5
megawatts, on military installations located in the Mojave and
Colorado Deserts of the States of California and Nevada
(including a time line for the completion of each project);
(4) determine if energy generation at a military
installation would require significant new or upgraded
electricity transmission capacity within the boundaries of the
installation;
(5) complete an assessment of--
(A) the net financial, environmental, national
security, and other benefits of renewable energy
development (including cost savings to the Department
of Defense);
(B) the benefits of secure energy production at a
military installation; and
(C) the impacts of renewable energy development on
training and testing areas at a military installation;
(6) outline existing standards and requirements for on-
installation solar development, and if practicable, develop
uniform procedures, for all facilities of the Department of
Defense;
(7) identify differences among solar energy development
on--
(A) land under the jurisdiction of the Secretary;
(B) Federal land other than the land described in
subparagraph (A); and
(C) private land;
(8) identify Federal and State statutory and regulatory
constraints to on-installation generation for off-installation
use; and
(9) develop recommendations to facilitate and incentivize
large-scale solar development on appropriate land under the
jurisdiction of the Secretary, to be implemented by individual
installations and services and the Office of the Secretary.
SEC. 205. HABITAT MITIGATION ZONES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Energy and Natural Resources
of the Senate;
(C) the Committee on Environment and Public Works
of the Senate;
(D) the Committee on Appropriations of the House of
Representatives; and
(E) the Committee on Natural Resources of the House
of Representatives.
(2) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(3) Eligible land.--The term ``eligible land'' means land--
(A) that is--
(i) Federal land open to uses deleterious
to the conservation of endangered or threatened
species on the land; or
(ii) owned by a non-Federal entity; and
(B) that is in the California Desert Conservation
Area; and
(C) on which the Secretary determines that active
management or additional investments in the restoration
of the land would improve the existing habitat quality
for the benefit of an endangered or threatened species
that would not likely occur in the absence of the
measures carried out under this section.
(4) Endangered or threatened species.--The term
``endangered or threatened species'' means a species that is
listed as a threatened or endangered species on the list of
species published under section 4(c)(1) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(c)(1)).
(5) Fund.--The term ``Fund'' means the California Desert
Mitigation Fund established by subsection (e).
(6) High conflict area.--The term ``high conflict area''
means an area, as determined by the Secretary, in which
conflicts between renewable energy development and the
conservation of natural resources, including critical habitat,
wildlife corridors, wetland, and other important environmental
attributes, or other cultural resources are likely to be
comparatively high.
(7) Mitigation council.--The term ``Mitigation Council''
means the science advisory council established by the Secretary
under subsection (e)(7).
(8) Natural resources.--The term ``natural resources''
means the land, fish, wildlife, plants, biota, natural
communities, air, water, groundwater, drinking water supplies,
and other such resources belonging to or otherwise controlled
by the United States or the State of California.
(9) Potential mitigation zone.--The term ``potential
mitigation zone'' means a parcel of eligible land that is
proposed to be designated by the Secretary under subsection
(c)(1) in order to address threats to endangered or threatened
species.
(10) Program.--The term ``program'' means the California
Desert Mitigation Bank Pilot Program established under
subsection (d).
(11) Qualified renewable energy project.--The term
``qualified renewable energy project'' means a project that
is--
(A) located on non-Federal land;
(B) not located in a high conflict area; and
(C) determined by the Secretary to be eligible for
inclusion in the California Desert Mitigation Bank
Pilot Program established under subsection (d).
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Purposes.--The purposes of this section are--
(1) to establish a coordinated method to mitigate the
impact of qualified renewable energy projects on endangered or
threatened species and the habitat of the species;
(2) to establish a mechanism under which the mitigation of
impacts to endangered or threatened species and the habitat of
the species from individual renewable energy projects results
in the conservation of large-scale blocks of land that provide
species protection benefits superior to the piecemeal
mitigation that results from project-by-project mitigation; and
(3) to direct mitigation funds to those areas and actions
that provide the greatest benefit to endangered or threatened
species, including improved management of existing habitat.
(c) Potential Mitigation Zones.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, in accordance with paragraphs (2) and
(3), the Secretary shall identify not less than 200,000 acres
of eligible land for use as potential mitigation zones that the
Secretary may establish and make available to mitigate the
impacts of qualified renewable energy projects on endangered or
threatened species that can be mitigated most effectively
through management actions undertaken on the eligible land,
including--
(A) enhanced stewardship;
(B) restoration actions;
(C) invasive species control;
(D) use of dedicated funding to facilitate enhanced
levels of active management and law enforcement;
(E) increased habitat connectivity; and
(F) other actions, as determined by the Secretary
and approved by the applicable Scientific Advisory
Council through the management planning process.
(2) Priority land.--In carrying out this subsection, the
Secretary shall, to the maximum extent practicable, identify
parcels of land that--
(A) are capable of serving the habitat needs of
multiple endangered or threatened species in the
California Desert Conservation Area;
(B) do not have unusually high renewable energy
production potential;
(C) are not being managed (as the date of enactment
of this Act) exclusively for biodiversity conservation;
(D) are not likely to be managed for conservation
purposes in the absence of the program; and
(E) will be important to place into long-term
conservation in order to achieve objectives established
in Federal biodiversity conservation plans (such as
recovery plans and habitat conservation plans
established under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.)) and similar plans established
by the State of California in accordance with
endangered species protection laws of the State.
(3) Consultation.--In carrying out this subsection, the
Secretary shall, to the maximum extent practicable, identify
parcels of land in consultation with the Mitigation Council and
the State of California.
(d) California Desert Mitigation Bank Pilot Program.--
(1) In general.--
(A) Establishment.--For fiscal years 2010 through
2015, the Secretary shall establish and administer a
program to be known as the ``California Desert
Mitigation Bank Pilot Program'' under which parcels of
land identified as potential mitigation zones shall be
made available to serve as mitigation, in accordance
with the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), for the development of renewable energy
projects on parcels of non-Federal land that are
located in the California Desert Conservation Area.
(B) Withdrawal from use.--Notwithstanding any
limitations on the authority of the Secretary to
permanently withdraw land under the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.),
the Secretary shall make land available as a mitigation
zone under this subsection by permanently withdrawing
the required acreage, as determined under paragraph
(3)(B), located in a potential mitigation zone from
availability for uses that could negatively impact the
conservation of endangered or threatened species on the
acreage.
(C) Use of fund.--The Secretary may use funds in
the Fund--
(i) to acquire interests in non-Federal
acres within a potential mitigation zone from
willing sellers for addition to the mitigation
zone; and
(ii) to actively manage the land withdrawn
under subparagraph (B) or purchased under
clause (i) to protect and improve habitat
quality in compliance with a zone management
plan established pursuant to paragraph (4).
(2) Eligibility.--The Secretary shall determine whether a
qualified renewable energy project that has applied for
inclusion in the program is eligible for the program based on
whether--
(A) the applicant has made sufficient efforts to
avoid and minimize impacts to endangered or threatened
species; and
(B) the mitigation from the program will
effectively offset all remaining impacts to endangered
or threatened species.
(3) Requirements of program.--
(A) Consultation.--
(i) In general.--The approval by the
Secretary of an application to participate in
the program with respect to any qualified
renewable energy project shall constitute a
Federal action subject to the consultation
requirements of section 7 of the Endangered
Species Act (16 U.S.C. 1536).
(ii) Scope.--The scope of the consultation
carried out with respect to the approval--
(I) shall include the effects of
the construction and operation of the
qualified renewable energy project on
endangered or threatened species and
the critical habitat of the endangered
or threatened species; and
(II) shall not be limited to the
quantification of required mitigation
acreage.
(B) Required acreage.--The Secretary, in accordance
with the consultation required under subparagraph (A),
shall determine the required number of acres of
specified quality with respect to the conservation of
the affected endangered or threatened species necessary
to mitigate the impacts on those endangered or
threatened species and the habitat of the endangered or
threatened species of each qualified renewable energy
project accepted in the program.
(C) Payment.--Each applicant accepted by the
Secretary for participation in the program shall
deposit in the Fund an amount, or provide a letter of
credit for an amount, as determined by the Secretary,
that will mitigate impacts (as required by section 7 of
the Endangered Species Act of 1973 (16 U.S.C. 1536))
and is the higher of--
(i) 75 percent of the estimated fair market
cost of purchasing the required acreage from a
non-Federal landowner (based on statistics of
the National Agricultural Statistical Service),
as determined by the Secretary; or
(ii) the cost, as determined by the
Secretary, of managing a parcel of eligible
land of a size equal to the required acreage in
a manner consistent with the needs of
endangered or threatened species.
(4) Management plans.--
(A) In general.--As soon as practicable after the
establishment of a mitigation zone, the Secretary shall
develop a mitigation zone management plan, in
consultation with the Mitigation Council.
(B) Contents.--The management plan shall include--
(i) a description of--
(I) the habitat and species values
for which the land is being conserved;
(II) measurable goals and
objectives for habitat and species
enhancement;
(III) proposed strategies for
achieving goals and objectives; and
(IV) monitoring and observation
plans capable of assessing progress
towards goals and objectives on at
least an annual basis;
(ii) recommendations for how and to whom
disbursements from the Fund should be made;
(iii) an annual evaluation of progress
towards achieving goals and objectives,
including quantitative and qualitative
analysis; and
(iv) a description of a process for
adapting management and strategy to incorporate
knowledge gained as a result of the annual
evaluation.
(e) California Desert Mitigation Fund.--
(1) In general.--
(A) Establishment.--The Secretary may enter into an
agreement with an organization that promotes fish and
wildlife conservation to accept, receive, hold,
transfer, solicit, and administer funds received or
made available, including funds received in the form of
a gift or donation, for a ``California Desert
Mitigation Fund'' under this Act the purpose of which
is to provide resources for administration of the
mitigation zones authorized by this section.
(B) Investment of funds.--An organization that
enters into an agreement described in subparagraph (A)
shall--
(i) invest, reinvest, and otherwise
administer funds described in subparagraph (A);
and
(ii) ensure that the funds and any interest
or revenues earned on the funds are placed in a
separate interest-bearing account that is--
(I)(aa) in an insured depository
institution (as defined in section 3 of
the Federal Deposit Insurance Act (12
U.S.C. 1813)); or
(bb) in an insured credit union (as
defined in section 101 of the Federal
Credit Union Act (12 U.S.C. 1752));
(II) established by the
organization solely to support the
activities authorized by this section
and that further the purposes of this
Act; and
(III) maintained in an amount that
will assure the continued existence of
the account.
(C) Administration.--The agreement shall--
(i) ensure that the Secretary retains final
authority for determining what amounts will be
disbursed from the Fund; and
(ii) contain such other terms and
conditions as the Secretary considers
appropriate to ensure efficient and effective
implementation of the program.
(2) Contributions to fund.--
(A) In general.--In addition to the funds described
in paragraph (3)(C), the Fund may accept funds
appropriated directly into the Fund on the behalf of
the Secretary and, as considered appropriate by the
Secretary--
(i) funds associated with the settlement of
related judicial or administrative actions;
(ii) monetary contributions and donated
funds from individuals and public or private
organizations; and
(iii) permitting fees.
(B) Transfer of funds.--For purposes of carrying
out this subsection, the Secretary may transfer any
funds appropriated to the Secretary to carry out
activities under this section to an organization that
has entered into an agreement under paragraph (1).
(3) Expenditures from fund.--
(A) In general.--Except as provided in subparagraph
(C), all allocations from the Fund shall be--
(i) made pursuant to the terms of this
subsection and the agreement under paragraph
(1);
(ii) made consistent with a management plan
developed under subsection (d)(4); and
(iii)(I) in the case of expenses related to
acquisition of interests in non-Federal land,
disbursed to the Secretary from of the corpus
of the Fund; and
(II) in the case of expenses related to
operational and management activities taken
pursuant to this section on public and non-
Federal land, disbursed to the Secretary from
interest and revenue generated by the Fund.
(B) Administrative expenses.--The agreement under
paragraph (1) shall provide for the payment from the
Fund of appropriate fees for the administration and
management of the Fund.
(C) Supplemental authorization of appropriations.--
There are authorized to be appropriated to the
Secretary such sums as are necessary to cover any
shortfall in funds if, for any fiscal year beginning
after the date of enactment of this Act, amounts
deposited into the Fund are not adequate to cover
necessary management activities under this Act.
(4) Use of funds.--Amounts from the Fund shall be used to
carry out the following activities in mitigation zones for the
benefit of threatened and endangered species:
(A) Enhanced stewardship.
(B) Restoration actions.
(C) The mitigation of abandoned mines.
(D) The conduct of surveys of certain species.
(E) Monitoring the effectiveness of mitigation
activities.
(F) Invasive species control.
(G) Law enforcement initiatives.
(H) Acquisition from willing sellers of non-Federal
acres within a potential mitigation zone for inclusion
in the mitigation zone.
(I) Acquisition from willing sellers of an interest
in non-Federal acres within a potential mitigation zone
through use of permanent conservation easements.
(J) Other active endangered species protection and
management initiatives, as reflected in the zone
management plan and adaptive management program.
(5) No matching requirement.--No matching requirements
shall apply to funds expended under this subsection.
(6) Review of performance.--
(A) In general.--Effective beginning in fiscal year
2011 and biennially thereafter, the Secretary shall--
(i) conduct a review of any fund and
related activities administered by an
organization under this subsection; and
(ii) submit to the appropriate committees
of Congress a report on the results of the
review.
(B) Organization.--As soon as practicable after the
end of each fiscal year, an organization administering
funds under this subsection shall submit to the
Secretary and the appropriate committees of Congress a
report that provides a full and complete statement of
the receipts, expenditures, and investments of funds
received by the organization during for that fiscal
year.
(7) Mitigation council.--
(A) Establishment.--As soon as practicable after
the date of enactment of this Act, the Secretary shall
establish a Mitigation Council to--
(i) consult with the Secretary on
development of a management plan for mitigation
zones;
(ii) make recommendations on the most
effective distribution of the amounts expended
under paragraph (3) and on the proposed use of
funds under this subsection; and
(iii) review written documents provided by
the Secretary not later than 60 days after the
date of receipt.
(B) Composition.--The Mitigation Council shall be
composed of--
(i) 2 third-party scientists selected by
the Secretary, in consultation with the
Director and the National Academy of Sciences,
who are experts in desert ecology, wildlife
biology, or botany and have a strong knowledge
of endangered species, threatened species, or
natural resources in the California Desert
Conservation Area;
(ii) 1 representative of the California
Department of Fish and Game, selected by the
Governor;
(iii) 1 representative of the Department of
Defense, selected by the Secretary of Defense;
(iv) 2 representatives of nonprofit
organizations whose mission is to protect the
ecology, botany, or land of the California
desert, selected by the Secretary;
(v) 2 representatives of the renewable
energy industry with a background in permitting
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), selected by the
Secretary; and
(vi) 1 representative of the county
government in which the zone is located,
selected by the appropriate county board of
supervisors.
(f) Application Evaluation.--
(1) In general.--The Secretary shall carry out
environmental reviews (including any review required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.)) for applications for qualified renewable energy projects
under the program.
(2) Renewable energy coordination offices.--The evaluation
of a renewable energy project under the program shall be
conducted by the appropriate Renewable Energy Coordination
Office designated under section 365(j)(2) of the Energy Policy
Act of 2005 (42 U.S.C. 15924(j)(2)).
(3) Deadlines.--The Secretary shall evaluate each qualified
renewable energy project under the program in accordance with
each deadline, reporting requirement, and other procedure
described in section 202.
(g) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with non-Federal landowners to carry out this
section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry this section such sums as are
necessary.
SEC. 206. BONDING.
(a) In General.--The Secretary shall require all energy projects on
Federal land to provide a secure bond or other financial mechanism, to
address future decommissioning and other costs associated with the
restoration of public land.
(b) Amount.--
(1) In general.--The Secretary shall ensure that the secure
bond or other financial mechanism is of sufficient size in
order to address potential reclamation and administrative costs
to the Bureau of Land Management, the Forest Service, the
Department of Defense, and any other Federal agency responsible
for administering the right-of-way.
(2) Basis.--The amount of the required bond shall be
determined during the right-of-way authorization process on the
basis of site-specific and project-specific factors.
(c) Form.--Acceptable bond instruments under this section shall
include cash, cashier's or certified checks, certificate or book entry
deposits, negotiable Treasury bonds equal in value to the bond amount,
or surety bonds from the approved list of sureties under the Department
of the Treasury Circular No. 570 payable to the Federal agency
responsible for administering the right-of-way.
SEC. 207. METEOROLOGICAL SITE TESTING AND MONITORING CATEGORICAL
EXCLUSION.
(a) Definition of Meteorological Site Testing and Monitoring
Project.--In this section, the term ``meteorological site testing and
monitoring project'' means a project carried out on land administered
by the Bureau of Land Management to test or monitor weather (including
wind and solar energy) using towers or other devices that--
(1) causes--
(A) less than 1 acre of soil or vegetation
disruption at the location of each meteorological tower
or other device; and
(B) not more than 5 acres of soil or vegetation
disruption within the proposed right-of-way;
(2) is installed--
(A) to the maximum extent practicable, using
existing access roads;
(B) in a manner that does not require off-road
motorized access other than 1 installation activity and
1 decommissioning activity along an identified off-road
route approved by the Bureau of Land Management;
(C) without construction of new roads other than
upgrading of existing minor drainage crossings for
safety purposes; and
(D) without the use of digging or drilling
equipment vehicles other than rubber-tired vehicles
with gross weight ratings under 8,500 pounds; and
(3) is decommissioned not more than 5 years after the date
of commencement of the project, including--
(A) removal of any towers or devices from the site;
and
(B) restoration of the site to the original
condition of the site.
(b) Categorical Exclusion.--A meteorological site testing and
monitoring project may be categorically excluded from documentation in
an environmental impact statement or environmental assessment under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Administration.--A meteorological site testing and monitoring
project categorically excluded under subsection (b) shall be subject to
the extraordinary circumstances procedures established by the Secretary
of the Interior pursuant to section 1508.4 of title 40, Code of Federal
Regulations (or successor regulations).
(d) Relationship to Other Authority.--The authority provided under
this section is supplemental to, does not supplant, any authority
provided under any other law.
SEC. 208. REPORT ON RENEWABLE ENERGY PERMITTING IN WESTERN STATES.
Not later than 180 days after the date of enactment of this Act and
every 180 days thereafter, the Secretary shall submit to the
appropriate committees of Congress (as defined in section 205(a)) a
report on--
(1) the work of the Renewable Energy Coordination Offices
established under section 365(j)(2) of the Energy Policy Act of
2005 (42 U.S.C. 15924(j)(2)), including staffing levels, the
relevant expertise of staff, and a status report on each
renewable energy project under review;
(2) the allocation of resources from the BLM Permit
Processing Improvement Fund described in section 35(c) of the
Mineral Leasing Act (30 U.S.C. 191(c)) to ensure that renewable
energy-related work of applicable agencies within the
Department of the Interior (including the Bureau of Land
Management and the United States Fish and Wildlife Service) is
completed in accordance with timelines established under this
Act and the amendments made by this Act;
(3) a review of permitting policies, including recommended
changes that would improve permitting;
(4) coordination with other Federal agencies (including the
Forest Service, the Corp of Engineers, and the Department of
Defense) as necessary and consistent with the memorandum of
understanding entered into under section 365(j)(3) of the
Energy Policy Act of 2005 (42 U.S.C. 15924(j)(3));
(5) coordination with State offices on the renewable energy
permitting processes of the State offices, particularly State
agencies that are responsible for permitting power plants and
State agencies that are responsible for enforcing State
endangered species protections;
(6) the establishment of a process to resolve disputes,
problems, or inconsistencies in permitting renewable energy
projects efficiently and fairly;
(7) coordination with any State-level counterpart appointed
by a Governor or Legislature; and
(8)(A) each right-of-way use authorization application or
permit application under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) for which the applicant or the Secretary
failed to meet a deadline or requirement under this Act or an
amendment made by this Act;
(B) with respect to each application and deadline described
in subparagraph (A), why--
(i) the Secretary failed to meet the deadline; or
(ii) the Secretary has not rejected the application
as a result of the failure of the applicant to meet the
deadline; and
(C) each right-of-way use authorization application or
permit application under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) that has received an authorization to
build or a permit consistent with the deadlines and
requirements of this Act, including the number of megawatts,
acres of development and mitigation land set aside, and other
relevant materials.
SEC. 209. SUPPORT FOR QUALIFIED ADVANCED ELECTRIC TRANSMISSION
MANUFACTURING PLANTS, QUALIFIED HIGH EFFICIENCY
TRANSMISSION PROPERTY, AND QUALIFIED ADVANCED ELECTRIC
TRANSMISSION PROPERTY.
(a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42
U.S.C. 16511) is amended by adding at the end the following:
``(6) Qualified advanced electric transmission
manufacturing plant.--The term `qualified advanced electric
transmission manufacturing plant' means any industrial facility
located in the United States that can be equipped, re-equipped,
expanded, or established to produce, in whole or in part,
qualified advanced electric transmission property or qualified
high efficiency transmission property.
``(7) Qualified advanced electric transmission property.--
``(A) In general.--The term `qualified advanced
electric transmission property' means any high voltage
electric transmission cable, related substation,
converter station, or other integrated facility that--
``(i) uses advanced technology, such as
ultra-low resistance superconductive material
or other advanced technology that has been
determined by the Secretary as--
``(I) reasonably likely to be
commercially viable within 10 years
after the date of enactment of this
paragraph; and
``(II) capable of reliably
transmitting at least 1.5 gigawatts of
high-voltage electric energy for
distances greater than 80 miles with
energy losses substantially below
losses on transmission lines using
conventional aluminum conductors and
steel reinforced conductors;
``(ii) has been determined by an
appropriate energy regulatory body, on
application, to be in the public interest and
eligible for inclusion in regulated rates; and
``(iii) can be located safely and
economically in a permanent underground right-
of-way not to exceed 25 feet in width.
``(B) Exclusion.--The term `qualified advanced
electric transmission property' does not include any
property placed in service after December 31, 2016.
``(8) Qualified high efficiency transmission property.--
``(A) In general.--The term `qualified high
efficiency transmission property' means any high
voltage overhead electric transmission line, related
substation, or other integrated facility that--
``(i) uses advanced conductor core
technology that--
``(I) has been determined by the
Secretary as reasonably likely to be
commercially viable within 10 years
after the date of enactment of this
paragraph;
``(II) is suitable for use on
transmission lines up to 500 kilovolts;
``(III) exhibits power losses at
least 30 percent lower than that of
transmission lines using conventional
Aluminum Conductors Steel Reinforced
conductors (referred in this paragraph
as `conventional ACSR conductors'); and
``(IV) is capable of increasing the
capacity of existing transmission
rights-of-way using existing tower
infrastructure;
``(ii) has been determined by an
appropriate energy regulatory body, on
application, to be in the public interest and
eligible for inclusion in regulated rates; and
``(iii) can be located safely and
economically in a right-of-way not to exceed
that used by conventional ACSR conductors.
``(B) Exclusion.--The term `qualified high
efficiency transmission property' does not include any
property placed in service after December 31, 2016.''.
(b) Eligible Projects.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended--
(1) in subsection (b), by adding at the end the following:
``(11) The development, construction, acquisition,
retrofitting, or engineering integration of a qualified
advanced electric transmission manufacturing plant or the
construction of a qualified high efficiency transmission
property or qualified advanced electric transmission property
(whether by construction of a new facility or the modification
of an existing facility).''; and
(2) by adding at the end the following:
``(f) Grants for Qualified Advanced Electric Transmission
Property.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may provide grants, on a competitive basis, to cover
not more than 50 percent of the costs incurred in connection
with the development, construction, acquisition of components
for, or engineering of qualified advanced electric transmission
property.
``(2) First project.--Grants may be made under this
subsection only for the first project that described in
paragraph (1) that is approved by the Secretary.
``(3) Ownership interest.--The United States shall take no
equity or other ownership interest in the qualified advanced
electric transmission manufacturing plant or qualified advanced
electric transmission property for which funding is provided
under this subsection.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$100,000,000 for each of fiscal years 2011 and 2012.
``(g) Corridor Priority.--In carrying out subsections (b)(11) and
(f) and section 1705(b)(4), the Secretary shall give priority to--
``(1) a project proposed to be carried out in a national
interest electric transmission corridor designated under
section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)); or
``(2) a project proposed to be carried out in an energy
right-of-way corridor on Federal land designated under section
368 of the Energy Policy Act of 2005 (42 U.S.C. 15926).''.
(c) Temporary Program for Rapid Deployment of Renewable Energy and
Electric Power Transmission Projects.--Section 1705(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16516(b)) is amended by adding at the end
the following:
``(4) The development, construction, acquisition,
retrofitting, or engineering integration of a qualified
advanced electric transmission manufacturing plant or the
construction of qualified high efficiency transmission property
or qualified advanced electric transmission property (whether
by construction of a new facility or the modification of an
existing facility).''.
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