[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).''.
                                 <all>