[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3110 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 543
114th CONGRESS
  2d Session
                                S. 3110

 To provide for reforms of the administration of the outer Continental 
     Shelf of the United States, to provide for the development of 
   geothermal, solar, and wind energy on public land, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2016

  Mr. Cassidy (for himself, Ms. Murkowski, Mr. Scott, Mr. Vitter, Mr. 
Tillis, and Mr. Sullivan) introduced the following bill; which was read 
                             the first time

                              July 6, 2016

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To provide for reforms of the administration of the outer Continental 
     Shelf of the United States, to provide for the development of 
   geothermal, solar, and wind 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 ``American Energy 
and Conservation Act of 2016''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--ONSHORE AND OFFSHORE ENERGY PRODUCTION REFORMS

Sec. 101. Disposition of outer Continental Shelf revenues to Gulf 
                            producing States.
Sec. 102. Distribution of revenue to Alaska.
Sec. 103. Disposition of revenues to Atlantic States.
Sec. 104. Limitations on amount of qualified revenues.
Sec. 105. Tribal Resilience Program.
Sec. 106. Tribal Resilience Fund.
Sec. 107. Restoring equity in State mineral revenue sharing.
Sec. 108. Parity in offshore wind revenue sharing.
Sec. 109. Effect.
 TITLE II--DEVELOPMENT OF GEOTHERMAL, SOLAR, AND WIND ENERGY ON PUBLIC 
                                  LAND

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.
Sec. 205. Disposition of revenues from covered land.
Sec. 206. Savings clause.
                        TITLE III--CONSERVATION

Sec. 301. National Park Service Maintenance and Revitalization 
                            Conservation Fund.

        TITLE I--ONSHORE AND OFFSHORE ENERGY PRODUCTION REFORMS

SEC. 101. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO GULF 
              PRODUCING STATES.

    Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note; Public Law 109-432) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (B)--
                            (i) by striking ``25'' and inserting 
                        ``22''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) 3 percent to be used for projects that secure 
                recreational public access to Federal land for hunting, 
                fishing, or other recreational purposes in accordance 
                with section 200306 of title 54, United States Code.''; 
                and
            (2) in subsection (f), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--Subject to paragraph (2), the total 
        amount of qualified outer Continental Shelf revenues described 
        in section 102(9)(A)(ii) that are made available under 
        subsection (a)(2) shall not exceed--
                    ``(A) for each of fiscal years 2017 through 2026, 
                $500,000,000;
                    ``(B) for each of fiscal years 2027 through 2036, 
                $835,000,000; and
                    ``(C) for each of fiscal years 2037 through 2055, 
                $705,000,000.''.

SEC. 102. DISTRIBUTION OF REVENUE TO ALASKA.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended--
            (1) by striking ``All rentals,'' and inserting the 
        following:
    ``(a) In General.--Except as provided in subsections (b) and (c), 
all rentals,''; and
            (2) by adding at the end the following:
    ``(b) Distribution of Revenue to Alaska.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Coastal political subdivision.--The term 
                `coastal political subdivision' means a county-
                equivalent or municipal subdivision of the State--
                            ``(i) all or part of which lies within the 
                        coastal zone of the State (as defined in 
                        section 304 of the Coastal Zone Management Act 
                        of 1972 (16 U.S.C. 1453)); and
                            ``(ii)(I) the closest coastal point of 
                        which is not more than 200 nautical miles from 
                        the geographical center of any leased tract in 
                        the Alaska outer Continental Shelf region; or
                            ``(II)(aa) the closest point of which is 
                        more than 200 nautical miles from the 
                        geographical center of a leased tract in the 
                        Alaska outer Continental Shelf region; and
                            ``(bb) that is determined by the State to 
                        be a significant staging area for oil and gas 
                        servicing, supply vessels, operations, 
                        suppliers, or workers.
                    ``(B) Qualified revenues.--
                            ``(i) In general.--The term `qualified 
                        revenues' means all revenues derived from all 
                        rentals, royalties, bonus bids, and other sums 
                        due and payable to the United States from 
                        energy development in the Alaska outer 
                        Continental Shelf region.
                            ``(ii) Exclusions.--The term `qualified 
                        revenues' does not include revenues generated 
                        from leases subject to section 8(g).
                    ``(C) State.--The term `State' means the State of 
                Alaska.
            ``(2) Deposit.--For fiscal year 2027 and each fiscal year 
        thereafter, the Secretary shall deposit--
                    ``(A) 50 percent of qualified revenues in the 
                general fund of the Treasury;
                    ``(B) 6.25 percent of qualified revenues for the 
                payment in lieu of taxes program established by section 
                6902 of title 31, United States Code;
                    ``(C) 6.25 percent of qualified revenues in the 
                Tribal Resilience Fund established by section 106(a) of 
                the American Energy and Conservation Act of 2016;
                    ``(D) 28 percent of qualified revenues in a special 
                account in the Treasury, to be distributed by the 
                Secretary to the State;
                    ``(E) 7.5 percent of qualified revenues in a 
                special account in the Treasury, to be distributed by 
                the Secretary to coastal political subdivisions; and
                    ``(F) 2 percent of qualified revenues in the 
                general account of the Denali Commission.
            ``(3) Allocation among coastal political subdivisions.--Of 
        the amount paid by the Secretary to coastal political 
        subdivisions under paragraph (2)(E)--
                    ``(A) 90 percent shall be allocated in amounts 
                (based on a formula established by the Secretary by 
                regulation) that are inversely proportional to the 
                respective distances between the point in each coastal 
                political subdivision that is closest to the geographic 
                center of the applicable leased tract and not more than 
                200 miles from the geographic center of the leased 
                tract; and
                    ``(B) 10 percent shall be divided equally among 
                each coastal political subdivision that--
                            ``(i) is more than 200 nautical miles from 
                        the geographic center of a leased tract; and
                            ``(ii) the State of Alaska determines to be 
                        a significant staging area for oil and gas 
                        servicing, supply vessels, operations, 
                        suppliers, or workers.
            ``(4) Timing.--The amounts required to be deposited under 
        paragraph (2) for the applicable fiscal year shall be made 
        available in accordance with that paragraph during the fiscal 
        year immediately following the applicable fiscal year.
            ``(5) Administration.--Amounts made available under 
        subparagraphs (B) through (F) of paragraph (2) shall--
                    ``(A) be made available, without further 
                appropriation, in accordance with this subsection;
                    ``(B) remain available until expended; and
                    ``(C) be in addition to any amounts appropriated 
                under any other provision of law.''.

SEC. 103. DISPOSITION OF REVENUES TO ATLANTIC STATES.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
(as amended by section 102) is amended by adding at the end the 
following:
    ``(c) Distribution of Revenue to Atlantic States.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Atlantic state.--The term `Atlantic State' 
                means any of the following States, which are adjacent 
                to the South Atlantic planning area:
                            ``(i) Georgia.
                            ``(ii) North Carolina.
                            ``(iii) South Carolina.
                            ``(iv) Virginia.
                    ``(B) Qualified revenues.--
                            ``(i) In general.--The term `qualified 
                        revenues' means all revenues derived from all 
                        rentals, royalties, bonus bids, and other sums 
                        due and payable to the United States from 
                        energy development in the Atlantic planning 
                        region.
                            ``(ii) Exclusions.--The term `qualified 
                        revenues' does not include revenues generated 
                        from leases subject to section 8(g).
                    ``(C) South atlantic planning area.--The term 
                `South Atlantic planning area' means the area of the 
                outer Continental Shelf (as defined in section 2 of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 1331)) 
                that is located between the northern lateral seaward 
                administrative boundary of the Commonwealth of Virginia 
                and the southernmost lateral seaward administrative 
                boundary of the State of Georgia.
            ``(2) Deposit.--For fiscal year 2027 and each fiscal year 
        thereafter--
                    ``(A) 50 percent of any qualified revenues shall be 
                deposited in the general fund of the Treasury;
                    ``(B) 12.5 percent shall be split equally among, 
                and allocated to, or deposited in, as applicable--
                            ``(i) programs for energy efficiency, 
                        renewable energy, and nuclear energy at the 
                        Department of Energy;
                            ``(ii) the National Park Service Critical 
                        Maintenance and Revitalization Conservation 
                        Fund established by section 104908 of title 54, 
                        United States Code, for use in accordance with 
                        subsection (c) of that section; and
                            ``(iii) the Secretary of Transportation to 
                        administer and award TIGER discretionary 
                        grants; and
                    ``(C) 37.5 percent of any qualified revenues shall 
                be deposited in a special account in the Treasury from 
                which the Secretary shall disburse amounts to the 
                Atlantic States in accordance with paragraph (3).
            ``(3) Allocation to states.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), effective for fiscal year 2027 and each fiscal 
                year thereafter, the Secretary of the Treasury shall 
                allocate the qualified revenues described in paragraph 
                (2)(C) to each Atlantic State in amounts (based on a 
                formula established by the Secretary, by regulation) 
                that are inversely proportional to the respective 
                distances between--
                            ``(i) the point on the coastline of each 
                        Atlantic State that is closest to the 
                        geographical center of the applicable leased 
                        tract; and
                            ``(ii) the geographical center of that 
                        leased tract.
                    ``(B) Minimum allocation.--The amount allocated to 
                an Atlantic State for each fiscal year under 
                subparagraph (A) shall be not less than 10 percent of 
                the amounts available under paragraph (2)(C).
                    ``(C) State allocation.--Of the amounts received by 
                a State under subparagraph (A), the Atlantic State may 
                use, at the discretion of the Governor of the State--
                            ``(i) 10 percent--
                                    ``(I) to enhance State land and 
                                water conservation efforts;
                                    ``(II) to improve State public 
                                transportation projects;
                                    ``(III) to establish alternative, 
                                renewable, and clean energy production 
                                and generation within each State; and
                                    ``(IV) to enhance beach nourishment 
                                and costal dredging; and
                            ``(ii) 2.5 percent to enhance geological 
                        and geophysical education for the energy future 
                        of the United States.
            ``(4) Timing.--The amounts required to be deposited under 
        paragraph (2) for the applicable fiscal year shall be made 
        available in accordance with that paragraph during the fiscal 
        year immediately following the applicable fiscal year.''.

SEC. 104. LIMITATIONS ON AMOUNT OF QUALIFIED REVENUES.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
(as amended by section 103) is amended by adding at the end the 
following:
    ``(d) Limitation on Amount of Qualified Revenues.--
            ``(1) In general.--The total amount of qualified revenues 
        made available under subparagraphs (B), (C), (D), (E), and (F) 
        of subsection (b)(2) and subparagraphs (B) and (C) of 
        subsection (c)(2) shall not exceed--
                    ``(A) for each of fiscal years 2027 through 2036, 
                $75,000,000;
                    ``(B) for each of fiscal years 2037 through 2055, 
                $205,000,000; and
                    ``(C) for each of fiscal years 2056 through 2067, 
                $410,000,000.
            ``(2) Pro rata reductions.--If paragraph (1) limits the 
        amount of qualified revenues that would be paid under 
        subparagraphs (A) and (B) of subsection (b)(3)--
                    ``(A) the Secretary shall reduce the amount of 
                qualified revenues provided to each recipient under 
                those subparagraphs on a pro rata basis; and
                    ``(B) any remainder of the qualified revenues that 
                would be paid under those subparagraphs if not for 
                paragraph (1) shall revert to the general fund of the 
                Treasury.''.

SEC. 105. TRIBAL RESILIENCE PROGRAM.

    (a) Definition of Indian Tribe.--In this section, the term ``Indian 
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
    (b) Establishment.--The Secretary shall establish a program--
            (1) to improve the resilience of Indian tribes to the 
        effects of a changing climate;
            (2) to support Native American leaders in building strong, 
        resilient communities; and
            (3) to ensure the development of modern, cost-effective 
        infrastructure.
    (c) Grants.--Subject to the availability of appropriations and 
amounts in the Tribal Resilience Fund established by section 106(a), in 
carrying out the program described in subsection (b), the Secretary 
shall make adaptation grants, in amounts not to exceed $200,000,000 
total per fiscal year, to Indian tribes for eligible activities 
described in subsection (d).
    (d) Eligible Activities.--An Indian tribe receiving a grant under 
subsection (c) may only use grant funds for 1 or more of the following 
eligible activities:
            (1) Development and delivery of adaptation training.
            (2) Adaptation planning, vulnerability assessments, 
        emergency preparedness planning, and monitoring.
            (3) Capacity building through travel support for training, 
        technical sessions, and cooperative management forums.
            (4) Travel support for participation in ocean and coastal 
        planning.
            (5) Development of science-based information and tools to 
        enable adaptive resource management and the ability to plan for 
        resilience.
            (6) Relocation of villages or other communities 
        experiencing or susceptible to coastal or river erosion.
            (7) Construction of infrastructure to support emergency 
        evacuations.
            (8) Restoration or repair of infrastructure damaged by 
        melting permafrost or coastal or river erosion.
            (9) Installation and management of energy systems that 
        reduce energy costs and greenhouse gas emissions compared to 
        the energy systems in use before that installation and 
        management.
            (10) Construction and maintenance of social or cultural 
        infrastructure that the Secretary determines supports 
        resilience.
    (e) Applications.--An Indian tribe desiring an adaptation grant 
under subsection (c) shall submit to the Secretary an application at 
such time, in such manner, and containing such information as the 
Secretary may require, including a description of the eligible 
activities to be undertaken using the grant.
    (f) Capital Projects.--Of amounts made available to carry out this 
program, not less than 90 percent shall be used for the engineering, 
design, and construction or implementation of capital projects.
    (g) Interagency Cooperation.--The Secretary and the Administrator 
of the Environmental Protection Agency shall establish under the White 
House Council on Native American Affairs an interagency subgroup on 
tribal resilience--
            (1) to work with Indian tribes to collect and share data 
        and information, including traditional ecological knowledge, 
        about how the effects of a changing climate are relevant to 
        Indian tribes and Alaska Natives; and
            (2) to identify opportunities for the Federal Government to 
        improve collaboration and assist with adaptation and mitigation 
        efforts that promote resilience.
    (h) Tribal Resilience Liaison.--The Secretary shall establish a 
tribal resilience liaison--
            (1) to coordinate with Indian tribes and relevant Federal 
        agencies; and
            (2) to help ensure tribal engagement in climate 
        conversations at the Federal level.

SEC. 106. TRIBAL RESILIENCE FUND.

    (a) Establishment.--There is established in the Treasury a fund, to 
be known as the ``Tribal Resilience Fund'' (referred to in this section 
as the ``Fund'').
    (b) Deposits.--The Fund shall consist of the following:
            (1) Amounts made available through an appropriation Act for 
        deposit in the Fund.
            (2) Amounts deposited into the Fund under subsection 
        (b)(2)(C) of section 9 of the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1338) (as added by section 102(2)).
    (c) Authorization of Appropriations.--
            (1) In general.--In addition to the amounts estimated by 
        the Secretary to be deposited in the Fund under subsection (b), 
        there are authorized to be appropriated annually to the Fund 
        out of any money in the Treasury not otherwise appropriated 
        such amounts as are necessary to make the income of the Fund 
        not more than $200,000,000 for fiscal year 2027 and each fiscal 
        year thereafter.
            (2) Availability of deposits.--
                    (A) In general.--Amounts deposited in the Fund 
                under this subsection shall remain available until 
                expended, without fiscal year limitation.
                    (B) Use.--Amounts deposited in the Fund under this 
                subsection and made available for obligation or 
                expenditure from the Fund may be obligated or expended 
                only to carry out the Tribal Resilience Program under 
                section 105.

SEC. 107. RESTORING EQUITY IN STATE MINERAL REVENUE SHARING.

    Section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)) is 
amended--
            (1) by inserting ``through fiscal year 2026'' after 
        ``thereafter'';
            (2) by striking ``In determining'' and inserting the 
        following:
            ``(1) Fiscal years 2014 through 2026.--In determining''; 
        and
            (3) by adding at the end the following:
            ``(2) Fiscal year 2027 and thereafter.--In determining the 
        amount of payments to the States under this section, beginning 
        in fiscal year 2027 and for each year thereafter, the amount of 
        such payments--
                    ``(A) shall not be reduced by any administrative or 
                other costs incurred by the United States, if the total 
                amount of administrative or other costs incurred by the 
                United States in an applicable fiscal year is less than 
                $38,000,000; but
                    ``(B) shall be reduced by 2 percent to cover any 
                administrative or other costs incurred by the United 
                States in an applicable fiscal year that exceed 
                $38,000,000, if the total amount of administrative or 
                other costs incurred by the United States in an 
                applicable fiscal year is at least $38,000,000.''.

SEC. 108. PARITY IN OFFSHORE WIND REVENUE SHARING.

    Section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337(p)(2)) is amended--
            (1) in subparagraph (A), by striking ``(A) The Secretary'' 
        and inserting the following:
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary'';
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Payments to states.--
                            ``(i) In general.--The Secretary shall 
                        provide for the payment of the revenues 
                        received by the Federal Government as a result 
                        of payments under this section from projects 
                        that are located wholly or partially within the 
                        area extending 3 nautical miles seaward of 
                        State submerged land, in the following 
                        percentages:
                                    ``(I) For each fiscal year through 
                                fiscal year 2026, 27 percent.
                                    ``(II) For fiscal year 2027 and 
                                each fiscal year thereafter, 37.5 
                                percent.
                            ``(ii) Formula.--Payments under clause (i) 
                        shall be made based on a formula established by 
                        the Secretary by rulemaking not later than 180 
                        days after the date of enactment of the 
                        American Energy and Conservation Act of 2016 
                        that provides for equitable distribution, based 
                        on proximity to the project, among coastal 
                        States that have a coastline that is located 
                        within 30 miles of the geographic center of the 
                        project.''; and
            (3) by adding at the end the following:
                    ``(C) Limitation.--The total amount of revenues 
                made available under subparagraph (B)(i)(II) shall not 
                exceed for any fiscal year $11,000,000.''.

SEC. 109. EFFECT.

    Nothing in this title or an amendment made by this title opens for 
leasing any area on the outer Continental Shelf that is--
            (1) subject to a moratorium under section 104 of the Gulf 
        of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
        Public Law 109-432); or
            (2) off the Atlantic coast of the State of Florida.

 TITLE II--DEVELOPMENT OF GEOTHERMAL, 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) 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) 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.
            (3) Federal land.--The term ``Federal land'' means--
                    (A) National Forest System land (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.
            (4) Fund.--The term ``Fund'' means the Renewable Energy 
        Resource Conservation Fund established by section 205(c).
            (5) 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.
            (6) 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).
            (7) 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.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) 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 Areas.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Energy, shall establish priority areas on covered 
        land for geothermal, solar, and wind energy projects.
            (2) Deadline.--
                    (A) Geothermal energy.--For geothermal energy, the 
                Secretary shall establish priority 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 solar 
                energy zones established by the 2012 western solar plan 
                of the Bureau of Land Management shall be considered to 
                be priority areas for solar energy projects.
                    (C) Wind energy.--For wind energy, the Secretary 
                shall establish priority areas as soon as practicable, 
                but not later than 3 years, after the date of enactment 
                of this Act.
    (b) Variance Areas.--To the maximum extent practicable, variance 
areas shall be considered for renewable energy project development, 
consistent with the principles of multiple use as defined in the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.).
    (c) Review and Modification.--Not less frequently than once every 
10 years, the Secretary shall--
            (1) review the adequacy of land allocations for geothermal, 
        solar, and wind energy priority and variance areas for the 
        purpose of encouraging new renewable energy development 
        opportunities; and
            (2) based on the review carried out under paragraph (1), 
        add, modify, or eliminate priority, variance, and exclusion 
        areas.
    (d) 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.
    (e) 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.
    (f) 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 minimize conflict with habitat for animals 
        and plants, recreation, and other uses of covered land; and
            (3) consistent with section 202 of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1712), including 
        subsection (c)(9) of that section.
    (g) 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 Secretary determines that a proposed 
renewable energy project has been sufficiently analyzed by a 
programmatic environmental impact statement conducted under section 
202, the Secretary 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 Secretary 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 Secretary shall rely on the analysis in 
the programmatic environmental impact statement conducted under section 
202, 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 180 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for purposes of this section, 
        including to specifically expedite the environmental analysis 
        of applications for projects proposed in a variance area, 
        with--
                    (A) the Secretary of Agriculture; and
                    (B) the Assistant Secretary of the Army for Civil 
                Works.
            (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) Designation of Qualified Staff.--
            (1) In general.--Not later than 90 days after the date on 
        which the memorandum of understanding under subsection (b) is 
        executed, all Federal signatories, as appropriate, shall 
        identify for each of the Bureau of Land Management Renewable 
        Energy Coordination Offices 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) be responsible for addressing all issues 
                relating to the jurisdiction of the home office or 
                agency of the employee; and
                    (B) participate as part of the team of personnel 
                working on proposed energy projects, planning, 
                monitoring, inspection, enforcement, and environmental 
                analyses.
    (d) Additional Personnel.--The Secretary may assign additional 
personnel for the renewable energy coordination offices as are 
necessary to ensure the effective implementation of any programs 
administered by those 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.).
    (e) Renewable Energy Coordination Offices.--In implementing the 
program established under this section, the Secretary may establish 
additional renewable energy coordination offices or temporarily assign 
the qualified staff described in subsection (c) to a State, district, 
or field office of the Bureau of Land Management to expedite the 
permitting of renewable energy projects as the Secretary determines to 
be necessary.
    (f) 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 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 title 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.

SEC. 205. DISPOSITION OF REVENUES FROM COVERED LAND.

    (a) Disposition of Revenues.--
            (1) In general.--Subject to paragraph (2), for fiscal year 
        2027 and each fiscal year thereafter, without further 
        appropriation and without fiscal year limitation, of the 
        amounts collected as bonus bids, rentals, fees, or other 
        payments under a right-of-way, permit, lease, or other 
        authorization (other than under section 504(g) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1764(g))) for 
        the development of wind or solar energy on covered land--
                    (A) 25 percent shall be paid by the Secretary of 
                the Treasury to the State within the boundaries of 
                which the revenue is derived;
                    (B) 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 
                the covered land from which the revenue is derived in 
                each county;
                    (C) 15 percent shall be deposited in the Treasury 
                and be made available to the Secretary to carry out the 
                program established under section 204(a), including the 
                transfer of the funds by the Director of the Bureau of 
                Land Management to other Federal agencies and State 
                agencies to facilitate the processing of renewable 
                energy permits on covered land, with priority given to 
                using the amounts, to the maximum extent practicable, 
                to expedite the issuance of permits required for the 
                development of renewable energy projects in the States 
                from which the revenues are derived;
                    (D) 25 percent shall be deposited in the Fund; and
                    (E) 10 percent shall be deposited in the general 
                fund of the Treasury.
            (2) Limitation.--The total amount made available under 
        subparagraphs (A), (B), (C), and (D) of paragraph (1) shall not 
        exceed for any fiscal year $40,000,000.
    (b) Payments to States and Counties.--
            (1) In general.--Amounts paid to States and counties under 
        subsection (a)(1) 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 a 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'' (referred to in this subsection as the 
        ``Fund''), to be administered by the Secretary, in consultation 
        with the Secretary of Agriculture, for distribution in regions 
        in which a renewable energy project is located on covered land.
            (2) Use.--
                    (A) In general.--Amounts in the Fund shall be 
                available to the Secretary and the Secretary of 
                Agriculture, who may make amounts available from the 
                Fund to other Federal, tribal, or State agencies for 
                distribution in regions in which renewable energy 
                projects are located on covered land, for the purposes 
                described in subparagraph (B).
                    (B) Purposes.--The purposes referred to in 
                subparagraph (A) are--
                            (i) 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 
                                affected by wind, geothermal, or solar 
                                energy development; and
                            (ii) preserving and improving recreational 
                        access to Federal land and water in an affected 
                        region through an easement, right-of-way, or 
                        other instrument acquired from willing 
                        landowners for the purpose of enhancing public 
                        access to existing Federal land and water that 
                        is inaccessible or significantly restricted.
            (3) Cooperative agreement.--The Secretary may enter into 
        cooperative agreements with State and tribal agencies, 
        nonprofit organizations, and other appropriate entities to 
        carry out the activities described in paragraph (2).
            (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.
            (5) Intent of congress.--It is the intent of Congress that 
        the amounts made available from the Fund shall supplement and 
        not supplant annual appropriations for activities described in 
        paragraph (2).

SEC. 206. SAVINGS CLAUSE.

    Notwithstanding any other provision of this title, the Secretary 
shall continue to manage the covered land in accordance with the 
principles of multiple use and sustained yield (as those terms are 
defined in section 103 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702)), including giving due consideration to mineral 
and nonrenewable energy-related projects and other nonrenewable energy 
uses, for the purposes of land use planning, permit processing, and 
conducting environmental reviews with respect to the covered land.

                        TITLE III--CONSERVATION

SEC. 301. NATIONAL PARK SERVICE MAINTENANCE AND REVITALIZATION 
              CONSERVATION FUND.

    (a) In General.--Chapter 1049 of title 54, United States Code, is 
amended by adding at the end the following:
``Sec. 104908. National Park Service Maintenance and Revitalization 
              Conservation Fund
    ``(a) In General.--There is established in the Treasury a fund, to 
be known as the `National Park Service Critical Maintenance and 
Revitalization Conservation Fund' (referred to in this section as the 
`Fund'), consisting off such amounts as are deposited under subsection 
(c)(2)(B)(ii) of section 9 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1338).
    ``(b) Use and Availability.--
            ``(1) In general.--Amounts deposited in the Fund shall--
                    ``(A) be used only for the purposes described in 
                subsection (c); and
                    ``(B) be available for expenditure only after the 
                amounts are appropriated for those purposes.
            ``(2) Availability.--Any amounts in the Fund not 
        appropriated shall remain available in the Fund until 
        appropriated.
            ``(3) No limitation.--Appropriations from the Fund pursuant 
        to this section may be made without fiscal year limitation.
    ``(c) National Park System Critical Deferred Maintenance.--The 
Secretary shall use amounts appropriated from the Fund for high-
priority deferred maintenance needs of the Service that support 
critical infrastructure and visitor services.
    ``(d) Land Acquisition Prohibition.--Amounts in the Fund shall not 
be used for land acquisition.''.
    (b) Clerical Amendment.--The table of sections for chapter 1049 of 
title 54, United States Code, is amended by inserting after the item 
relating to section 104907 the following:

``Sec. 104908. National Park Service Maintenance and Revitalization 
                            Conservation Fund.''.
                                                       Calendar No. 543

114th CONGRESS

  2d Session

                                S. 3110

_______________________________________________________________________

                                 A BILL

 To provide for reforms of the administration of the outer Continental 
     Shelf of the United States, to provide for the development of 
   geothermal, solar, and wind energy on public land, and for other 
                               purposes.

_______________________________________________________________________

                              July 6, 2016

            Read the second time and placed on the calendar