[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1407 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1407

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2015

   Mr. Heller (for himself, Mr. Risch, Mr. Heinrich, and Mr. Tester) 
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 land, 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 Land 
Renewable Energy Development Act of 2015''.
    (b) 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 GEOTHERMAL, SOLAR, AND WIND ENERGY ON PUBLIC 
                                  LAND

            Subtitle A--Environmental Reviews and Permitting

Sec. 201. Definitions.
Sec. 202. Land use planning; supplements to programmatic environmental 
                            impact statements.
Sec. 203. Environmental review on covered land.
Sec. 204. Program to improve renewable energy project permit 
                            coordination.
                  Subtitle B--Revenues and Enforcement

Sec. 211. Definitions.
Sec. 212. Disposition of revenues.
Sec. 213. Royalties.
Sec. 214. Enforcement of royalty and payment provisions.
Sec. 215. Enforcement.
Sec. 216. Segregation from appropriation under mining and Federal land 
                            laws.
Sec. 217. Study and report on conservation banking.
Sec. 218. 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 2015 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 GEOTHERMAL, SOLAR, AND WIND ENERGY ON PUBLIC 
                                  LAND

            Subtitle A--Environmental Reviews and Permitting

SEC. 201. DEFINITIONS.

    In this subtitle:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A) public land administered by the Secretary; and
                    (B) not excluded from the development of 
                geothermal, 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.); or
                            (ii) other Federal law.
            (2) Director.--The term ``Director'' means the Director of 
        the Bureau of Land Management.
            (3) Exclusion area.--The term ``exclusion area'' means 
        covered land that is identified by the Bureau of Land 
        Management as not suitable for development of renewable energy 
        projects.
            (4) Priority area.--The term ``priority area'' means 
        covered land identified by the land use planning process of the 
        Bureau of Land Management as being a preferred location for a 
        renewable energy project.
            (5) Renewable energy project.--The term ``renewable energy 
        project'' means a project carried out on covered land that uses 
        wind, solar, or geothermal energy to generate energy.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Variance area.--The term ``variance area'' means 
        covered land that is--
                    (A) not an exclusion area; and
                    (B) not a priority area.

SEC. 202. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC ENVIRONMENTAL 
              IMPACT STATEMENTS.

    (a) Priority and Variance Areas.--
            (1) In general.--The Director shall establish priority and 
        variance areas on covered land for geothermal, solar, and wind 
        energy projects.
            (2) Deadline.--
                    (A) Geothermal energy.--For geothermal energy, the 
                Director shall establish priority and variance areas as 
                soon as practicable, but not later than 5 years, after 
                the date of enactment of this Act.
                    (B) Solar energy.--For solar energy, the 2012 
                western solar plan of the Bureau of Land Management 
                shall be considered to establish priority and variance 
                areas for solar energy projects.
                    (C) Wind energy.--For geothermal energy, the 
                Director shall establish priority and variance areas as 
                soon as practicable, but not later than 5 years, after 
                the date of enactment of this Act.
            (3) Review and modification.--Not less frequently than once 
        every 10 years, the Director shall--
                    (A) review the adequacy of land allocations for 
                geothermal, solar, and wind energy priority and 
                variance areas; and
                    (B) based on the review carried out under 
                subparagraph (A), add, modify, or eliminate priority 
                and variance areas.
    (b) Compliance With the National Environmental Policy Act.--For 
purposes of this section, compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--
            (1) for geothermal energy, by supplementing the October 
        2008 final programmatic environmental impact statement for 
        geothermal leasing in the western United States;
            (2) for solar energy, by supplementing the July 2012 final 
        programmatic environmental impact statement for solar energy 
        projects; and
            (3) for wind energy, by supplementing the July 2005 final 
        programmatic environmental impact statement for wind energy 
        projects.
    (c) No Effect on Processing Applications.--A requirement to prepare 
a supplement to a programmatic environmental impact statement under 
this section shall not result in any delay in processing an application 
for a renewable energy project.
    (d) Coordination.--In developing a supplement required by this 
section, the Secretary shall coordinate, on an ongoing basis, with 
appropriate State, tribal, and local governments, transmission 
infrastructure owners and operators, developers, and other appropriate 
entities to ensure that priority areas identified by the Secretary 
are--
            (1) economically viable (including having access to 
        transmission);
            (2) likely to avoid or minimize conflict with habitat for 
        animals and plants, recreation, and other uses of covered land; 
        and
            (3) consistent with local planning efforts.
    (e) Removal From Classification.--In carrying out subsections (a), 
(b), and (c), if the Secretary determines an area previously suited for 
development should be removed from priority or variance classification, 
not later than 90 days after the date of the determination, the 
Secretary shall submit to Congress a report on the determination.

SEC. 203. ENVIRONMENTAL REVIEW ON COVERED LAND.

    (a) In General.--If the Director determines that a proposed 
renewable energy project has been sufficiently analyzed by a 
programmatic environmental impact statement conducted under section 
202(b), the head of the applicable Federal agency shall not require any 
additional review under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.).
    (b) Additional Environmental Review.--If the Director determines 
that additional environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed 
renewable energy project, the head of the applicable Federal agency 
shall rely on the analysis in the programmatic environmental impact 
statement conducted under section 202(b), to the maximum extent 
practicable when analyzing the potential impacts of the project.

SEC. 204. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT PERMIT 
              COORDINATION.

    (a) Establishment.--The Secretary shall establish a program to 
improve Federal permit coordination with respect to renewable energy 
projects on covered land.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for purposes of this section with--
                    (A) the Secretary of Agriculture;
                    (B) the Administrator of the Environmental 
                Protection Agency; and
                    (C) the Chief of Engineers.
            (2) State participation.--The Secretary may request the 
        Governor of any interested State to be a signatory to the 
        memorandum of understanding under paragraph (1).
    (c) Interagency Coordination.--The Secretary shall establish an 
ombudsperson in the Office of the Secretary, who shall be responsible 
for resolving interagency disputes between 2 or more of the following 
agencies:
            (1) The United States Fish and Wildlife Service.
            (2) The National Park Service.
            (3) The Bureau of Land Management.
    (d) Variance Areas.--
            (1) In general.--In carrying out subsections (b) and (c), 
        the heads of the Federal agencies described in those 
        subsections shall consider entering into agreements and 
        memoranda of understanding to expedite the environmental 
        analysis of applications for projects proposed on covered land 
        determined by the Secretary to be a variance area under section 
        202.
            (2) Availability for renewable energy project 
        development.--To the maximum extent practicable, the variance 
        areas described in paragraph (1) shall be made available for 
        renewable energy project development, after completion of an 
        environmental impact statement or similar analysis required 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.), and subject to the policies and procedures set 
        forth by the Secretary for evaluating variance applications in 
        the programmatic environmental impact statement described in 
        section 202(b).
    (e) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date on 
        which the memorandum of understanding under subsection (b) is 
        executed, all Federal signatories, as appropriate, shall assign 
        to each of the field offices described in subsection (f) an 
        employee who has expertise in the regulatory issues relating to 
        the office in which the employee is employed, including, as 
        applicable, particular expertise in--
                    (A) consultation regarding, and preparation of, 
                biological opinions under section 7 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1536);
                    (B) permits under section 404 of Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) regulatory matters under the Clean Air Act (42 
                U.S.C. 7401 et seq.);
                    (D) planning under section 14 of the National 
                Forest Management Act of 1976 (16 U.S.C. 472a);
                    (E) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (F) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.); and
                    (G) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
            (2) Duties.--Each employee assigned under paragraph (1) 
        shall--
                    (A) not later than 90 days after the date of 
                assignment, report to field managers of the Bureau of 
                Land Management in the office to which the employee is 
                assigned;
                    (B) be responsible for all issues relating to the 
                jurisdiction of the home office or agency of the 
                employee; and
                    (C) participate as part of the team of personnel 
                working on proposed energy projects, planning, 
                monitoring, inspection, enforcement, and environmental 
                analyses.
    (f) Field Offices.--The field offices referred to in subsection 
(e)(1) shall include field offices of the Bureau of Land Management in, 
at a minimum, the States of Arizona, California, Colorado, Idaho, 
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
    (g) Additional Personnel.--The Secretary shall assign to each field 
office described in subsection (f) such additional personnel as are 
necessary to ensure the effective implementation of any programs 
administered by the field offices, including inspection and enforcement 
relating to renewable energy project development on covered land, in 
accordance with the multiple use mandate of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (h) Report to Congress.--
            (1) In general.--Not later than February 1 of the first 
        fiscal year beginning after the date of enactment of this Act, 
        and each February 1 thereafter, the Secretary shall submit to 
        the Chairperson and Ranking Member of 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 progress made pursuant to the program under this 
        subtitle during the preceding year.
            (2) Inclusions.--Each report under this subsection shall 
        include--
                    (A) projections for renewable energy production and 
                capacity installations; and
                    (B) a description of any problems relating to 
                leasing, permitting, siting, or production.

                  Subtitle B--Revenues and Enforcement

SEC. 211. DEFINITIONS.

    In this subtitle:
            (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 final land use plan established under 
                        the Federal Land Policy and Management Act of 
                        1976 (43 U.S.C. 1701 et seq.);
                            (ii) a final land use plan established 
                        under the National Forest Management Act of 
                        1976 (16 U.S.C. 1600 et seq.); or
                            (iii) other Federal law.
            (2) Federal land.--The term ``Federal land'' means--
                    (A) land of the National Forest System (as defined 
                in section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or
                    (B) public land.
            (3) Fund.--The term ``Fund'' means the Renewable Energy 
        Resource Conservation Fund established by section 212(c)(1).
            (4) 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).
            (5) 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.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 212. DISPOSITION OF REVENUES.

    (a) Disposition of Revenues.--Without further appropriation or 
fiscal year limitation, 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 
        revenue 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 revenue is derived, to be allocated among the 
        counties based on the percentage of land from which the revenue 
        is derived;
            (3) to be deposited in the Treasury and be made available 
        to the Secretary to carry out the program established by 
        section 204, 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, with priority given to using the amounts, to the 
        maximum extent practicable, to reducing the backlog of 
        renewable energy permits that have not been processed in the 
        State from which the revenues are derived--
                    (A) 15 percent for each of fiscal years 2015 
                through 2030;
                    (B) 14 percent for fiscal year 2031;
                    (C) 13 percent for fiscal year 2032;
                    (D) 12 percent for fiscal year 2033;
                    (E) 11 percent for fiscal year 2034; and
                    (F) 10 percent for fiscal year 2035 and each fiscal 
                year thereafter; and
            (4) to be deposited in the Renewable Energy Resource 
        Conservation Fund established by subsection (c)--
                    (A) 35 percent for each of fiscal years 2015 
                through 2030;
                    (B) 36 percent for fiscal year 2031;
                    (C) 37 percent for fiscal year 2032;
                    (D) 38 percent for fiscal year 2033;
                    (E) 39 percent for fiscal year 2034; and
                    (F) 40 percent for fiscal year 2035 and each fiscal 
                year thereafter.
    (b) Payments to States and Counties.--
            (1) In general.--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) Payments in lieu of taxes.--A payment to a county under 
        paragraph (1) shall be in addition to a payment in lieu of 
        taxes received by the county under chapter 69 of title 31, 
        United States Code.
    (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, in 
        consultation with the Secretary of Agriculture, for use in 
        regions affected by the development of wind or solar energy on 
        Federal land.
            (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, to other 
                Federal or State agencies, and other interested persons 
                in an impacted region, as appropriate, for the purposes 
                of--
                            (i) protecting and restoring important fish 
                        and wildlife habitat on Federal land in the 
                        impacted region; and
                            (ii) ensuring and improving right-of-way 
                        access to Federal land and water in the 
                        impacted region for fishing, hunting, and other 
                        forms of outdoor recreation in a manner 
                        consistent with the conservation of fish and 
                        wildlife habitat.
                    (B) Advisory board.--The Secretaries 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) 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.
            (4) Intent of congress.--It is the intent of Congress that 
        the revenues deposited and used in the Fund shall supplement 
        and not supplant annual appropriations for conservation 
        activities described in paragraph (2)(A).

SEC. 213. 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.
    (b) Rate Considerations.--The Secretary, in consultation with the 
Secretary of Agriculture, shall establish, through rulemaking, a 
royalty payable under subsection (a) 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.
    (c) Different Royalty Rates.--The Secretaries shall establish--
            (1) a different royalty rate for wind or solar energy 
        generation, which takes into account relative capacity factors 
        for the respective generation sources; and
            (2) a reduced royalty rate for projects located within a 
        zone identified for development of solar or wind energy.
    (d) Exclusive Payment on Sale of Electricity.--During the period of 
production, a royalty paid under subsection (a) shall be the only rent, 
royalty, or similar payment to the Federal Government required with 
respect to the sale of electricity produced under a lease.
    (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 subtitle; and
                    (B) submit to the Committees on Energy and Natural 
                Resources and Agriculture, Nutrition, and Forestry of 
                the Senate and the Committees on Natural Resources and 
                Agriculture 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 2 years after the date of 
enactment of this Act, the Secretaries shall jointly issue final 
regulations to carry out this section.

SEC. 214. 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, interest, fines, 
        penalties, fees, deposits, and other payments owed under this 
        subtitle; 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 subtitle, 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. 215. 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 subtitle.
    (b) Applicability of Other Enforcement Provisions.--Nothing in this 
subtitle reduces or limits the enforcement authority vested in the 
Secretary or the Attorney General by any other law.

SEC. 216. 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 renewable energy 
projects under this subtitle 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. 217. STUDY AND REPORT ON CONSERVATION BANKING.

    (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 Federal land.
            (2) Contents.--The study under paragraph (1) shall--
                    (A) identify areas in which--
                            (i) privately owned land is not available 
                        to fully offset the impacts of solar or wind 
                        energy development on federally administered 
                        land; or
                            (ii) mitigation investments on Federal 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 and effective operation of 
                        conservation banks;
                            (ii) the advantages and disadvantages of 
                        using conservation banks on Federal land to 
                        mitigate impacts to natural resources on State, 
                        tribal, and 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 State, tribal, 
                and 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. 218. APPLICABILITY OF LAW.

    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)).
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