[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3482 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3482

 To provide for the development of solar pilot project areas on public 
                    land in Lincoln County, Nevada.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2010

   Mr. Reid introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the development of solar pilot project areas on public 
                    land in Lincoln County, Nevada.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Solar Energy Pilot Leasing 
Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) County.--The term ``County'' means Lincoln County, 
        Nevada.
            (2) Federal land.--The term ``Federal land'' means any of 
        the Federal land in the State under the administrative 
        jurisdiction of the Bureau of Land Management that is 
        identified as a ``solar development zone'' on the maps.
            (3) Fund.--The term ``Fund'' means the Renewable Energy 
        Mitigation and Fish and Wildlife Fund established by section 
        3(d)(5)(A).
            (4) Map.--The term ``map'' means each of--
                    (A) the map entitled ``Dry Lake Valley Solar 
                Development Zone'' and dated May 25, 2010; and
                    (B) the map entitled ``Delamar Valley Solar 
                Development Zone'' and dated May 25, 2010.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the Bureau of 
        Land Management.
            (6) State.--The term ``State'' means the State of Nevada.

SEC. 3. DEVELOPMENT OF SOLAR PILOT PROJECT AREAS ON PUBLIC LAND IN 
              LINCOLN COUNTY, NEVADA.

    (a) Designation.--In accordance with sections 201 and 202 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712) 
and subject to valid existing rights, the Secretary shall designate the 
Federal land as a solar pilot project area.
    (b) Applicable Law.--The designation of the solar pilot project 
area under subsection (a) shall be subject to the requirements of--
            (1) this Act;
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (3) any other applicable law (including regulations).
    (c) Solar Lease Sales.--
            (1) In general.--The Secretary shall conduct lease sales 
        and issue leases for commercial solar energy development on the 
        Federal land, in accordance with this subsection.
            (2) Deadline for lease sales.--Not later than 60 days after 
        the date of enactment of this Act, the Secretary, after 
        consulting with affected governments and other stakeholders, 
        shall conduct lease sales for the Federal land.
            (3) Easements, special-use permits, and rights-of-way.--
        Except for the temporary placement and operation of testing or 
        data collection devices, as the Secretary determines to be 
        appropriate, and the rights-of-way granted under section 
        301(b)(1) of the Lincoln County Conservation, Recreation, and 
        Development Act of 2004 (Public Law 108-424; 118 Stat. 2413) 
        and BLM Case File N-78803, no new easements, special-use 
        permits, or rights-of-way shall be allowed on the Federal land 
        during the period beginning on the date of enactment of this 
        Act and ending on the date of the issuance of a lease for the 
        Federal land.
            (4) Diligent development requirements.--In issuing a lease 
        under this subsection, the Secretary shall include work 
        requirements and mandatory milestones--
                    (A) to ensure that diligent development is carried 
                out under the lease; and
                    (B) to reduce speculative behavior.
            (5) Land management.--The Secretary shall--
                    (A) establish the duration of leases issued under 
                this subsection;
                    (B) include provisions in the lease requiring the 
                holder of a lease granted under this subsection--
                            (i) to furnish a reclamation bond or other 
                        form of security determined to be appropriate 
                        by the Secretary;
                            (ii) on completion of the activities 
                        authorized by the lease--
                                    (I) to restore the Federal land 
                                that is subject to the lease to the 
                                condition in which the Federal land 
                                existed before the lease was granted; 
                                or
                                    (II) to conduct mitigation 
                                activities if restoration of the land 
                                to the condition described in subclause 
                                (I) is impracticable; and
                            (iii) to comply with such other 
                        requirements as the Secretary considers 
                        necessary to protect the interests of the 
                        public and the United States; and
                    (C)(i) establish best management practices to 
                ensure the sound, efficient, and environmentally 
                responsible development of solar resources on the 
                Federal land in a manner that would avoid, minimize, 
                and mitigate actual and anticipated impacts to habitat 
                and ecosystem function resulting from the development; 
                and
                    (ii) include provisions in the lease requiring 
                renewable energy operators to comply with the practices 
                established under clause (i).
    (d) Royalties.--
            (1) In general.--The Secretary shall establish royalties, 
        fees, rentals, bonuses, and any other payments the Secretary 
        determines to be appropriate to ensure a fair return to the 
        United States for any lease issued under this section.
            (2) Rate.--Any lease issued under this section shall 
        require the payment of a royalty established by the Secretary 
        by regulation in an amount that is equal to a percentage of the 
        gross proceeds from the sale of electricity at a rate that--
                    (A) encourages production of solar energy;
                    (B) ensures a fair return to the public comparable 
                to the return that would be obtained on State and 
                private land; and
                    (C) encourages the maximum energy generation 
                practicable using the least amount of land and other 
                natural resources, including water.
            (3) Royalty relief.--To promote the maximum generation of 
        renewable energy, the Secretary may provide that no royalty or 
        a reduced royalty is required under a lease for a period not to 
        exceed 5 years beginning on the date on which generation is 
        initially commenced on the Federal land subject to the lease.
            (4) Disposition of proceeds.--
                    (A) In general.--Of the amounts collected as 
                royalties, fees, rentals, bonuses, or other payments 
                under a lease issued under this section--
                            (i) 25 percent shall be paid by the 
                        Secretary of the Treasury to the State within 
                        the boundaries of which the income is derived;
                            (ii) 25 percent shall be paid by the 
                        Secretary of the Treasury to the 1 or more 
                        counties within the boundaries of which the 
                        income is derived;
                            (iii) 15 percent shall--
                                    (I) for the period beginning on the 
                                date of enactment of this Act and 
                                ending on the date specified in 
                                subclause (II), be deposited in the 
                                Treasury of the United States to help 
                                facilitate the processing of renewable 
                                energy permits by the Bureau of Land 
                                Management in the State, subject to 
                                subparagraph (B)(i)(I); and
                                    (II) beginning on the date that is 
                                10 years after the date of enactment of 
                                this Act, be deposited in the Fund; and
                            (iv) 35 percent shall be deposited in the 
                        Fund.
                    (B) Limitations.--
                            (i) Renewable energy permits.--For purposes 
                        of subclause (I) of subparagraph (A)(iii)--
                                    (I) not more than $10,000,000 shall 
                                be deposited in the Treasury at any 1 
                                time under that subclause; and
                                    (II) the following shall be 
                                deposited in the Fund:
                                            (aa) Any amounts collected 
                                        under that subclause that are 
                                        not obligated by the date 
                                        specified in subparagraph 
                                        (A)(iii)(II).
                                            (bb) Any amounts that 
                                        exceed the $10,000,000 deposit 
                                        limit under subclause (I).
                            (ii) Fund.--Any amounts deposited in the 
                        Fund under clause (i)(II) or subparagraph 
                        (A)(iii)(II) shall be in addition to amounts 
                        deposited in the Fund under subparagraph 
                        (A)(iv).
            (5) Renewable energy mitigation and fish and wildlife 
        fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund, to be known as 
                the ``Renewable Energy Mitigation and Fish and Wildlife 
                Fund'', to be administered by the Secretary, for use in 
                the State.
                    (B) Use of funds.--Amounts in the Fund shall be 
                available to the Secretary, who may make the amounts 
                available to the State or other interested parties for 
                the purposes of--
                            (i) mitigating impacts of renewable energy 
                        on public land, with priority given to land 
                        affected by the solar development zones 
                        designated under this Act, including--
                                    (I) protecting wildlife corridors 
                                and other sensitive land; and
                                    (II) fish and wildlife habitat 
                                restoration; and
                            (ii) carrying out activities authorized 
                        under the Land and Water Conservation Fund Act 
                        of 1965 (16 U.S.C. 460l-4 et seq.) in the 
                        State.
                    (C) Availability of amounts.--Amounts in the Fund 
                shall be available for expenditure, in accordance with 
                this paragraph, without further appropriation, and 
                without fiscal year limitation.
                    (D) Investment of fund.--
                            (i) In general.--Any amounts deposited in 
                        the Fund shall earn interest in an amount 
                        determined by the Secretary of the Treasury on 
                        the basis of the current average market yield 
                        on outstanding marketable obligations of the 
                        United States of comparable maturities.
                            (ii) Use.--Any interest earned under clause 
                        (i) may be expended in accordance with this 
                        paragraph.
    (e) Priority Development.--
            (1) In general.--Within the County, the Secretary shall 
        give highest priority consideration to implementation of the 
        solar lease sales provided for under this Act.
            (2) Evaluation.--The Secretary shall evaluate other solar 
        development proposals in the County not provided for under this 
        Act in consultation with the State, County, and other 
        interested stakeholders.
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