[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1775 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1775

To promote the development of renewable energy on public lands, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 1, 2011

 Mr. Tester (for himself, Mr. Risch, Mr. Reid, Mr. Udall of Colorado, 
and Mr. Heller) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To promote the development of renewable energy on public lands, 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 ``Public Lands 
Renewable Energy Development Act of 2011''.
            (1) Table of contents.--The table of contents for this Act 
        is as follows:

Sec. 1. Short title; table of contents.
                       TITLE I--GEOTHERMAL ENERGY

Sec. 101. Extension of funding for implementation of Geothermal Steam 
                            Act of 1970.
     TITLE II--DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND

Sec. 201. Definitions.
Sec. 202. Programmatic environmental impact statements and land use 
                            planning.
Sec. 203. Development of solar and wind energy on public land.
Sec. 204. Disposition of revenues.
Sec. 205. Royalties.
Sec. 206. Enforcement of royalty and payment provisions.
Sec. 207. Enforcement.
Sec. 208. Segregation from appropriation under mining and Federal land 
                            laws.
Sec. 209. Report.
Sec. 210. Applicability of law.

                       TITLE I--GEOTHERMAL ENERGY

SEC. 101. EXTENSION OF FUNDING FOR IMPLEMENTATION OF GEOTHERMAL STEAM 
              ACT OF 1970.

    (a) In General.--Section 234(a) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(a)) is amended by striking ``in the first 5 fiscal 
years beginning after the date of enactment of this Act'' and inserting 
``through fiscal year 2020''.
    (b) Authorization.--Section 234(b) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(b)) is amended--
            (1) by striking ``Amounts'' and inserting the following:
            ``(1) In general.--Amounts''; and
            (2) by adding at the end the following:
            ``(2) Authorization.--Effective for fiscal year 2011 and 
        each fiscal year thereafter, amounts deposited under subsection 
        (a) shall be available to the Secretary of the Interior for 
        expenditure, subject to appropriation and without fiscal year 
        limitation, to implement the Geothermal Steam Act of 1970 (30 
        U.S.C. 1001 et seq.) and this Act.''.

     TITLE II--DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND

SEC. 201. DEFINITIONS.

    In this title:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A)(i) public land administered by the Secretary; 
                or
                    (ii) National Forest System land administered by 
                the Secretary of Agriculture; and
                    (B) not excluded from the development of solar or 
                wind energy under--
                            (i) a land use plan established under the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.);
                            (ii) a land use plan established under the 
                        National Forest Management Act of 1976 (16 
                        U.S.C. 1600 et seq.); or
                            (iii) other law.
            (2) Pilot program.--The term ``pilot program'' means the 
        wind and solar leasing pilot program established under section 
        204(a).
            (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) Secretaries.--The term ``Secretaries'' means--
                    (A) in the case of public land administered by the 
                Secretary, the Secretary; and
                    (B) in the case of National Forest System land 
                administered by the Secretary of Agriculture, the 
                Secretary of Agriculture.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 202. 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 shall--
            (1) complete and finalize the Programmatic Environmental 
        Impact Statement for Solar Energy Development in Six 
        Southwestern States (BLM/DES 10-59; DOE/EIS-0403) 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 energy on land 
                administered by the Secretary, acting through the 
                Bureau of Land Management; 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.
    (b) National Forest System Land.--As soon as practicable but not 
later than 2 years after the date of enactment of this Act, the 
Secretary of Agriculture shall--
            (1) prepare and publish in the Federal Register a notice of 
        intent to prepare 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 and wind energy on 
                National Forest System land administered by the 
                Secretary of Agriculture; 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 of Agriculture immediately on 
        completion of the programmatic environmental impact statement.
    (c) Effect on Processing Applications.--The requirement for 
completion of programmatic environmental impact statements under this 
section shall not result in any delay in processing or approving 
applications for wind or solar development on public land administered 
by the Secretary or on National Forest System land.
    (d) Military Installations.--
            (1) Report.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary of 
                Defense, in consultation with the Secretary of the 
                Interior, shall conduct a study, and prepare a report, 
                that--
                            (i) identifies locations on land withdrawn 
                        from the public domain and reserved for 
                        military purposes that--
                                    (I) exhibit a high potential for 
                                solar, wind, geothermal, or other 
                                renewable energy production;
                                    (II) are disturbed or otherwise 
                                have comparatively low value for other 
                                resources; and
                                    (III) could be developed for 
                                renewable energy production in a manner 
                                consistent with all present and 
                                reasonably foreseeable military 
                                training and operational missions and 
                                research, development, testing, and 
                                evaluation requirements; and
                            (ii) describes the administration of public 
                        land withdrawn for military purposes for the 
                        development of commercial-scale renewable 
                        energy projects, including the legal 
                        authorities governing authorization for that 
                        use.
                    (B) Recommendations.--The report shall include 
                recommendations on--
                            (i) necessary changes in any law (including 
                        regulations);
                            (ii) whether the authorization for the use 
                        of the land for development of renewable energy 
                        projects should be pursuant to lease, contract, 
                        right-of-way, permit, or other form of 
                        authorization;
                            (iii) methods of improving coordination 
                        among the Federal, State, and local agencies, 
                        if any, involved in authorizing the projects; 
                        and
                            (iv) disposition of revenues resulting from 
                        the development of renewable energy projects on 
                        the land.
            (2) Environmental impact analysis.--Not later than 1 year 
        after the completion of the study required by paragraph (1), 
        the Secretary of Defense, in consultation with the Secretary of 
        the Interior, shall prepare and publish in the Federal Register 
        a notice of intent to prepare an environmental impact analysis 
        document to support a program to develop renewable energy on 
        withdrawn military land identified in the study as suitable for 
        the production.
            (3) Reports.--On completion of the report, the Secretary 
        and the Secretary of Defense shall jointly submit the report 
        required by paragraph (1) to--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Energy and Natural Resources 
                of the Senate;
                    (C) the Committee on Armed Services of the House of 
                Representatives; and
                    (D) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 203. DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND.

    (a) Pilot Program.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a wind and 
        solar leasing pilot program on covered land administered by the 
        Secretary.
            (2) Selection of sites.--
                    (A) In general.--Not later than 90 days after the 
                date the pilot program is established under this 
                subsection, the Secretary shall (taking into 
                consideration the multiple resource values of the land) 
                select 2 sites that are appropriate for the development 
                of a solar energy project, and 2 sites that are 
                appropriate for the development of a wind energy 
                project, on covered land administered by the Secretary 
                as part of the pilot program.
                    (B) Site selection.--In carrying out subparagraph 
                (A), the Secretary shall seek to select sites--
                            (i) for which there is likely to be a high 
                        level of industry interest;
                            (ii) that have a comparatively low value 
                        for other resources; and
                            (iii) that are representative of sites on 
                        which solar or wind energy is likely to be 
                        developed on covered land.
                    (C) Ineligible sites.--The Secretary shall not 
                select as part of the pilot program any site for which 
                a right-of way for site testing or construction has 
                been issued.
            (3) Qualifications.--Prior to any lease sale, the Secretary 
        shall establish qualifications for bidders that ensure 
        bidders--
                    (A) are able to expeditiously develop a wind or 
                solar energy project on the site for lease;
                    (B) possess--
                            (i) financial resources necessary to 
                        complete a project;
                            (ii) knowledge of the applicable 
                        technology; and
                            (iii) such other qualifications as are 
                        determined appropriate by the Secretary; and
                    (C) meet the eligibility requirements for leasing 
                under the first section of the Mineral Leasing Act (30 
                U.S.C. 181).
            (4) Lease sales.--
                    (A) In general.--Except as provided in subparagraph 
                (D)(ii), not later than 180 days after the date sites 
                are selected under paragraph (2), the Secretary shall 
                offer each site for competitive leasing to qualified 
                bidders under such terms and conditions as are required 
                by the Secretary.
                    (B) Bidding systems.--
                            (i) In general.--In offering the sites for 
                        lease, the Secretary may vary the bidding 
                        systems to be used at each lease sale, 
                        including--
                                    (I) cash bonus bids with a 
                                requirement for payment of the royalty 
                                established under this Act;
                                    (II) variable royalty bids based on 
                                a percentage of the gross proceeds from 
                                the sale of electricity produced from 
                                the lease, except that the royalty 
                                shall not be less than the royalty 
                                required under this Act, together with 
                                a fixed cash bonus; and
                                    (III) such other bidding system as 
                                ensures a fair return to the public 
                                consistent with the royalty established 
                                under this Act.
                            (ii) Round.--The Secretary shall limit 
                        bidding to 1 round in any lease sale.
                            (iii) Expenditures.--In any case in which 
                        the land that is subject to lease has 1 or more 
                        pending applications for the development of 
                        wind or solar energy at the time of the lease 
                        sale, the Secretary shall give credit toward 
                        any bid submitted by the applicant for 
                        expenditures of the applicant considered by the 
                        Secretary to be qualified and necessary for the 
                        preparation of the application.
                    (C) Revenues.--Bonus bids, royalties, rentals, 
                fees, or other payments collected by the Secretary 
                under this section shall be subject to section 5.
                    (D) Lease terms.--
                            (i) In general.--As part of the pilot 
                        program, the Secretary may vary the length of 
                        the lease terms and establish such other lease 
                        terms and conditions as the Secretary considers 
                        appropriate.
                            (ii) Data collection.--As part of the pilot 
                        program, the Secretary shall--
                                    (I) offer on a noncompetitive basis 
                                on at least 1 site a short-term lease 
                                for data collection; and
                                    (II) on the expiration of the 
                                short-term lease, offer on a 
                                competitive basis a long-term lease, 
                                giving credit toward the bonus bid to 
                                the holder of the short-term lease for 
                                any qualified expenditures to collect 
                                data to develop the site during the 
                                short-term lease.
            (5) Compliance with laws.--In offering for lease the 
        selected sites under paragraph (4), the Secretary shall comply 
        with all applicable environmental and other laws.
            (6) Report.--The Secretary shall--
                    (A) compile a report of the results of each lease 
                sale under the pilot program, including--
                            (i) the level of competitive interest;
                            (ii) a summary of bids and revenues 
                        received; and
                            (iii) any other factors that may have 
                        impacted the lease sale process; and
                    (B) not later than 90 days after the final lease 
                sale, submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives the report 
                described in subparagraph (A).
            (7) Rights-of-way.--During the pendency of the pilot 
        program, the Secretary shall continue to issue rights-of-way, 
        in compliance with authority in effect on the date of enactment 
        of this Act, for available sites not selected for the pilot 
        program.
    (b) Secretarial Determination.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretaries shall make a joint 
        determination on whether to establish a leasing program under 
        this section for wind or solar energy, or both, on all covered 
        land.
            (2) System.--If the Secretaries determine that a leasing 
        program should be established, the program shall apply to all 
        covered land in accordance with this Act and other provisions 
        of law applicable to public land or National Forest System 
        land.
            (3) Establishment.--The Secretaries shall establish a 
        leasing program unless the Secretaries determine that the 
        program--
                    (A) is not in the public interest; and
                    (B) does not provide an effective means of 
                developing wind or solar energy.
            (4) Consultation.--In making the determinations required 
        under this subsection, the Secretaries shall consult with--
                    (A) the heads of other relevant Federal agencies;
                    (B) interested States, Indian tribes, and local 
                governments;
                    (C) representatives of the solar and wind 
                industries;
                    (D) representatives of the environment, 
                conservation, and outdoor sporting communities;
                    (E) other users of the covered land; and
                    (F) the public.
            (5) Considerations.--In making the determinations required 
        under this subsection, the Secretaries shall consider the 
        results of the pilot program.
            (6) Regulations.--Not later than 1 year after the date on 
        which any determination is made to establish a leasing program, 
        the Secretaries shall jointly promulgate final regulations to 
        implement the program.
            (7) Report.--If the Secretaries determine that a leasing 
        program should not be established, not later than 60 days after 
        the date of the determination, the Secretaries shall jointly 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report describing the basis and findings for 
        the determination.
    (c) Transition.--
            (1) In general.--If the Secretaries determine under 
        subsection (b) that a leasing program should be established for 
        covered land, until the program is established and final 
        regulations for the program are issued--
                    (A) the Secretary shall continue to accept 
                applications for rights-of-way on covered land, and 
                provide for the issuance of rights-of-way on covered 
                land within the jurisdiction of the Secretary for the 
                development of wind or solar energy pursuant to each 
                requirement described in title V of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1761 et 
                seq.) and other applicable law; and
                    (B) the Secretary of Agriculture shall continue to 
                accept applications for authorizations, and provide for 
                the issuance of the authorizations, for the development 
                of wind or solar energy on covered land within the 
                jurisdiction of the Secretary pursuant to applicable 
                law.
            (2) Existing rights-of-way and authorizations.--
                    (A) In general.--Effective beginning on the date on 
                which the wind or solar leasing programs are 
                established and final regulations are issued, the 
                Secretaries shall not renew an existing right-of-way or 
                other authorization for wind or solar energy 
                development at the end of the term of the right-of-way 
                or authorization.
                    (B) Lease.--
                            (i) In general.--Subject to clause (ii), at 
                        the end of the term of the right-of-way or 
                        other authorization for the wind or solar 
                        energy project, the Secretary or, in the case 
                        of National Forest System land, the Secretary 
                        of Agriculture, shall grant, without a 
                        competitive process, a lease to the holder of 
                        the right-of-way or other authorization for the 
                        same covered land as was authorized under the 
                        right-of-way or other authorization if (as 
                        determined by the Secretary concerned)--
                                    (I) the holder of the right-of-way 
                                or other authorization has met the 
                                requirements of diligent development; 
                                and
                                    (II) issuance of the lease is in 
                                the public interest and consistent with 
                                applicable law.
                            (ii) Terms and conditions.--Any lease 
                        described in clause (i) shall be subject to--
                                    (I) terms and conditions that are 
                                consistent with this Act and the 
                                regulations issued under this Act; and
                                    (II) the regulations in effect on 
                                the date of renewal and any other terms 
                                and conditions that the Secretary 
                                considers necessary to protect the 
                                public interest.
            (3) Pending rights-of-way.--Effective beginning on the date 
        on which the wind or solar leasing programs are established and 
        final regulations for the programs are issued, the Secretary 
        or, with respect to National Forest System land, the Secretary 
        of Agriculture shall provide any applicant that has filed a 
        plan of development for a right-of-way or, in the case of 
        National Forest System land, for an applicable authorization, 
        for a wind or solar energy project with an option to acquire a 
        lease on a noncompetitive basis, under such terms and 
        conditions as are required by this Act, applicable regulations, 
        and the Secretary concerned, for the same covered land included 
        in the plan of development if--
                    (A) the plan of development has been determined by 
                the Secretary concerned to be adequate for the 
                initiation of environmental review;
                    (B) granting the lease is consistent with all 
                applicable land use planning, environmental, and other 
                laws;
                    (C) the applicant has made a good faith effort to 
                obtain a right-of-way or, in the case of National 
                Forest System land, other authorization, for the 
                project; and
                    (D) issuance of the lease is in the public 
                interest.
    (d) Leasing Program.--If the Secretaries determine under subsection 
(b) that a leasing program should be established, the program shall be 
established in accordance with subsections (e) through (k).
    (e) Competitive Leases.--
            (1) In general.--Except as provided in paragraph (2), 
        leases for wind or solar energy development under this section 
        shall be issued on a competitive basis with a single round of 
        bidding in any lease sale.
            (2) Exceptions.--Paragraph (1) shall not apply if the 
        Secretary or, with respect to National Forest System land, the 
        Secretary of Agriculture determines that--
                    (A) no competitive interest exists for the covered 
                land;
                    (B) the public interest would not be served by the 
                competitive issuance of a lease;
                    (C) the lease is for the placement and operation of 
                a meteorological or data collection facility or for the 
                development or demonstration of a new wind or solar 
                technology and has a term of not more than 5 years; or
                    (D) the covered land is eligible to be granted a 
                noncompetitive lease under subsection (c).
    (f) Payments.--
            (1) In general.--The Secretaries shall jointly establish--
                    (A) fees, rentals, bonuses, or other payments to 
                ensure a fair return to the United States for any lease 
                issued under this section; and
                    (B) royalties pursuant to section 6 that apply to 
                all leases issued under this section.
            (2) Bonus bids.--The Secretaries may grant credit toward 
        any bonus bid for a qualified expenditure by the holder of a 
        lease described in subsection (e)(2)(C) in any competitive 
        lease sale held for a long-term lease covering the same land 
        covered by the lease described in subsection (e)(2)(C).
    (g) Qualifications.--Prior to any lease sale, the Secretary shall 
establish qualifications for bidders that ensure bidders meet the 
requirements described in section 4(a)(3).
    (h) Requirements.--The Secretaries shall ensure that any activity 
under a leasing program is carried out in a manner that--
            (1) is consistent with all applicable land use planning, 
        environmental, and other laws; and
            (2) provides for--
                    (A) safety;
                    (B) protection of the environment and fish and 
                wildlife habitat;
                    (C) mitigation of impacts;
                    (D) prevention of waste;
                    (E) diligent development of the resource, with 
                specific milestones to be met by the lessee as 
                determined by the Secretaries;
                    (F) coordination with applicable Federal agencies;
                    (G) a fair return to the United States for any 
                lease;
                    (H) use of best management practices, including 
                planning and practices for mitigation of impacts;
                    (I) public notice and comment on any proposal 
                submitted for a lease under this section;
                    (J) oversight, inspection, research, monitoring, 
                and enforcement relating to a lease under this section;
                    (K) the quantity of acreage to be commensurate with 
                the size of the project covered by a lease; and
                    (L) efficient use of water resources.
    (i) Lease Duration, Suspension, and Cancellation.--
            (1) Duration.--A lease under this section shall be for--
                    (A) an initial term of 25 years; and
                    (B) any additional period after the initial term 
                during which electricity is being produced annually in 
                commercial quantities from the lease.
            (2) Administration.--The Secretary shall establish terms 
        and conditions for the issuance, transfer, renewal, suspension, 
        and cancellation of a lease under this section.
            (3) Readjustment.--
                    (A) In general.--Royalties, rentals, and other 
                terms and conditions of a lease under this section 
                shall be subject to readjustment--
                            (i) on the date that is 15 years after the 
                        date on which the lease is issued; and
                            (ii) every 10 years thereafter.
                    (B) Lease.--Each lease issued under this Act shall 
                provide for readjustment in accordance with 
                subparagraph (A).
    (j) Surface-Disturbing Activities.--The Secretaries shall--
            (1) regulate all surface-disturbing activities conducted 
        pursuant to any lease issued under this section; and
            (2) require any necessary reclamation and other actions 
        under the lease as are required in the interest of conservation 
        of surface resources.
    (k) Security.--The Secretaries shall require the holder of a lease 
issued under this section--
            (1) to furnish a surety bond or other form of security, as 
        prescribed by the Secretaries;
            (2) to provide for the reclamation and restoration of the 
        area covered by the lease; and
            (3) to comply with such other requirements as the 
        Secretaries consider necessary to protect the interests of the 
        public and the United States.
    (l) Periodic Review.--Not less frequently than once every 5 years, 
the Secretary shall conduct a review of the adequacy of the surety bond 
or other form of security provided by the holder of a lease issued 
under this section.

SEC. 204. DISPOSITION OF REVENUES.

    (a) Disposition of Revenues.--Of the amounts collected as bonus 
bids, royalties, rentals, fees, or other payments under a right-of-way, 
permit, lease, or other authorization for the development of wind or 
solar energy on covered land--
            (1) 25 percent shall be paid by the Secretary of the 
        Treasury to the State within the boundaries of which the income 
        is derived;
            (2) 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;
            (3) 15 percent shall--
                    (A) for the period beginning on the date of 
                enactment of this Act and ending on date the date that 
                is 15 years after the date of enactment of this Act, be 
                deposited in the Treasury of the United States to help 
                facilitate the processing of renewable energy permits 
                by the Bureau of Land Management, including the 
                transfer of the funds by the Bureau of Land Management 
                to other Federal agencies and State agencies to 
                facilitate the processing of renewable energy permits 
                on Federal land; and
                    (B) beginning on the date that is 15 years after 
                the date of enactment of this Act, be deposited in the 
                Fund; and
            (4) 35 percent shall be deposited in the Renewable Energy 
        Resource Conservation Fund established by subsection (c).
    (b) Payments to States and Counties.--
            (1) In general.--Except as provided in paragraph (2), 
        amounts paid to States and counties under subsection (a) shall 
        be used consistent with section 35 of the Mineral Leasing Act 
        (30 U.S.C. 191).
            (2) Impacts on federal land.--Not less than 33 percent of 
        the amount paid to a State shall be used on an annual basis for 
        the purposes described in subsection (c)(2)(A).
    (c) Renewable Energy Resource Conservation Fund.--
            (1) In general.--There is established in the Treasury a 
        fund, to be known as the ``Renewable Energy Resource 
        Conservation Fund'', to be administered by the Secretary for 
        use in regions impacted by the development of wind or solar 
        energy.
            (2) Use.--
                    (A) In general.--Amounts in the Fund shall be 
                available to the Secretary, who may make amounts 
                available to the Secretary of Agriculture and to other 
                Federal or State agencies, as appropriate, for the 
                purposes of--
                            (i) addressing and offsetting the impacts 
                        of wind or solar development on Federal land, 
                        including restoring and protecting--
                                    (I) fish and wildlife habitat for 
                                affected species;
                                    (II) fish and wildlife corridors 
                                for affected species; and
                                    (III) water resources in areas 
                                impacted by wind or solar energy 
                                development;
                            (ii) securing recreational access to 
                        Federal land through an easement, right-of-way, 
                        or fee title acquisition from willing sellers 
                        for the purpose of providing enhanced public 
                        access to existing Federal land that is 
                        inaccessible or significantly restricted; and
                            (iii) 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.
                    (B) Advisory board.--The Secretary shall establish 
                an independent advisory board composed of key 
                stakeholders and technical experts to provide 
                recommendations and guidance on the disposition of any 
                amounts expended from the Fund.
            (3) Mitigation requirements.--The expenditure of funds 
        under this subsection shall be in addition to any mitigation 
        requirements imposed pursuant to any law, regulation, or term 
        or condition of any lease, right-of-way, or other 
        authorization.
            (4) Investment of fund.--
                    (A) 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.
                    (B) Use.--Any interest earned under subparagraph 
                (A) may be expended in accordance with this subsection.

SEC. 205. ROYALTIES.

    (a) In General.--The Secretaries shall require as a term and 
condition of any lease, right-of-way, permit, or other authorization 
for the development of wind or solar energy on covered land the payment 
of a royalty established by the Secretaries pursuant to a joint 
rulemaking that shall be a percentage of the gross proceeds from the 
sale of electricity at a rate that--
            (1) encourages production of solar or wind energy;
            (2) ensures a fair return to the public comparable to the 
        return that would be obtained on State and private land; and
            (3) encourages the maximum energy generation while 
        disturbing the least quantity of covered land and other natural 
        resources, including water.
    (b) Amount.--The royalty on electricity produced using wind or 
solar resources shall be--
            (1) not less than 1 percent, and not more than 2.5 percent, 
        of the gross proceeds from the sale of electricity produced 
        from the resources during the first 10 years of production; and
            (2) not less than 2 percent, and not more than 5 percent, 
        of the gross proceeds from the sale of electricity produced 
        from the resources during each year after that initial 10-year 
        period.
    (c) Different Royalty Rates.--The Secretaries may establish--
            (1) a different royalty rate for wind or solar energy 
        generation; and
            (2) a reduced royalty rate for projects located within a 
        zone identified for development of solar or wind energy.
    (d) Royalty in Lieu of Rent.--During the period of production, a 
royalty shall be collected in lieu of any rent for the land from which 
the electricity is produced.
    (e) Royalty Relief.--To promote the generation of renewable energy, 
the Secretaries may reduce any royalty otherwise required on a showing 
by clear and convincing evidence by the person holding a lease, right-
of-way, permit, or other authorization for the development of wind or 
solar energy on covered land under which the generation of energy is or 
will be produced in commercial quantities that--
            (1) collection of the full royalty would unreasonably 
        burden energy generation; and
            (2) the royalty reduction is in the public interest.
    (f) Periodic Review and Report.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act and every 5 years thereafter, the 
        Secretary, in consultation with the Secretary of Agriculture, 
        shall--
                    (A) complete a review of collections and impacts of 
                the royalty and fees provided under this Act; and
                    (B) submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives a report 
                describing the results of the review.
            (2) Topics.--The report shall address--
                    (A) the total revenues received (by category) on an 
                annual basis as royalties from wind, solar, and 
                geothermal development and production (specified by 
                energy source) on covered land;
                    (B) whether the revenues received for the 
                development of wind, solar, and geothermal development 
                are comparable to the revenues received for similar 
                development on State and private land;
                    (C) any impact on the development of wind, solar, 
                and geothermal development and production on covered 
                land as a result of the royalties; and
                    (D) any recommendations with respect to changes in 
                Federal law (including regulations) relating to the 
                amount or method of collection (including auditing, 
                compliance, and enforcement) of the royalties.
    (g) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretaries shall jointly issue final regulations to 
carry out this section.

SEC. 206. ENFORCEMENT OF ROYALTY AND PAYMENT PROVISIONS.

    (a) Duties of the Secretary.--The Secretary shall establish a 
comprehensive inspection, collection, fiscal, and production accounting 
and auditing system--
            (1) to accurately determine royalties, rentals, interest, 
        fines, penalties, fees, deposits, and other payments owed under 
        this Act; and
            (2) to collect and account for the payments in a timely 
        manner.
    (b) Applicability of Other Law.--The Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1701 et seq.) (including the civil 
and criminal enforcement provisions of that Act) shall apply to leases, 
permits, rights-of-way, or other authorizations issued for the 
development of solar or wind energy on covered land and the holders and 
operators of the leases, permits, rights-of-way, or other 
authorizations (and designees) under this title, except that in 
applying that Act--
            (1) ``wind or solar leases, permits, rights-of-way, or 
        other authorizations'' shall be substituted for ``oil and gas 
        leases'';
            (2) ``electricity generated from wind or solar resources'' 
        shall be substituted for ``oil and gas'' (when used as nouns);
            (3) ``lease, permit, right-of-way, or other authorization 
        for the development of wind or solar energy'' shall be 
        substituted for ``lease'' and ``lease for oil and gas'' (when 
        used as nouns); and
            (4) ``lessee, permittee, right-of-way holder, or holder of 
        an authorization for the development of wind or solar energy'' 
        shall be substituted for ``lessee''.

SEC. 207. ENFORCEMENT.

    (a) In General.--Sections 302(c) and 303 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1732(c), 1733) shall apply to 
activities conducted on covered land under this title.
    (b) Applicability of Other Enforcement Provisions.--Nothing in this 
title reduces or limits the enforcement authority vested in the 
Secretary or the Attorney General by any other law.

SEC. 208. SEGREGATION FROM APPROPRIATION UNDER MINING AND FEDERAL LAND 
              LAWS.

    (a) In General.--On covered land identified by the Secretary or the 
Secretary of Agriculture for the development of solar or wind power 
under this title or other applicable law, the Secretary or the 
Secretary of Agriculture may temporarily segregate the identified land 
from appropriation under the mining and public land laws.
    (b) Administration.--Segregation of covered land under this 
section--
            (1) may only be made for a period not to exceed 10 years; 
        and
            (2) shall be subject to valid existing rights as of the 
        date of the segregation.

SEC. 209. REPORT.

    (a) Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretaries shall carry out a study 
        on the siting, development, and management of projects to 
        determine the feasibility of carrying out a conservation 
        banking program on land administered by the Secretaries.
            (2) Contents.--The study under paragraph (1) shall--
                    (A) identify areas in which--
                            (i) privately owned land is not available 
                        to offset the impacts of solar or wind energy 
                        development on federally administered land; or
                            (ii) mitigation investments on federally 
                        administered land are likely to provide greater 
                        conservation value for impacts of solar or wind 
                        energy development on federally administered 
                        land; and
                    (B) examine--
                            (i) the effectiveness of laws (including 
                        regulations) and policies in effect on the date 
                        of enactment of this Act in facilitating the 
                        development of conservation banks;
                            (ii) the advantages and disadvantages of 
                        using conservation banks on Federal land to 
                        mitigate impacts to natural resources on 
                        private land; and
                            (iii) any changes in Federal law (including 
                        regulations) or policy necessary to further 
                        develop a Federal conservation banking program.
    (b) Report to Congress.--Not later than 18 months after the date of 
enactment of this Act, the Secretaries shall jointly submit to Congress 
a report that includes--
            (1) the recommendations of the Secretaries relating to--
                    (A) the most effective system for Federal land 
                described in subsection (a)(2)(A) to meet the goals of 
                facilitating the development of a conservation banking 
                program on Federal land; and
                    (B) any change to Federal law (including 
                regulations) or policy necessary to address more 
                effectively the siting, development, and management of 
                conservation banking programs on Federal land to 
                mitigate impacts to natural resources on private land; 
                and
            (2) any administrative action to be taken by the 
        Secretaries in response to the recommendations.
    (c) Availability to the Public.--Not later than 30 days after the 
date on which the report described in subsection (b) is submitted to 
Congress, the Secretaries shall make the results of the study available 
to the public.

SEC. 210. APPLICABILITY OF LAW.

    (a) Rental Fee Exemption.--Wind or solar generation projects with a 
capacity of 20 megawatts or more that are issued a lease, right-of-way, 
permit, or other authorization under applicable law shall not be 
subject to the rental fee exemption for rights-of-way under section 
504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1764(g)).
    (b) Fees, Charges, and Commissions.--Section 304 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1734) shall apply to 
an application made under section 4.
                                 <all>