[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 282 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 282

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2017

  Mr. Heller (for himself, Mr. Heinrich, Mr. Gardner, Mr. Tester, Mr. 
Risch, Mr. Daines, Mr. Bennet, and Mr. Udall) 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.

    This Act may be cited as the ``Public Land Renewable Energy 
Development Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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) 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.
            (4) Fund.--The term ``Fund'' means the Renewable Energy 
        Resource Conservation Fund established by section 7(c)(1).
            (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. 3. 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 2022''.
    (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 2017 and 
        each fiscal year thereafter, amounts deposited under subsection 
        (a) shall be available to the Secretary of the Interior for 
        expenditure, without further appropriation or fiscal year 
        limitation, to implement the Geothermal Steam Act of 1970 (30 
        U.S.C. 1001 et seq.) and this Act.''.

SEC. 4. 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 and any subsequent 
                land use plan amendments 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 avoid or 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 (43 U.S.C. 1712(c)(9)).
    (g) Removal From Classification.--In carrying out subsections (a) 
through (e), 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. 5. 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 
4(d), 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 
4(d), to the maximum extent practicable when analyzing the potential 
impacts of the project.
    (c) Relationship to Other Law.--Nothing in this section modifies or 
supersedes any requirement under applicable law.

SEC. 6. 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 30 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 such additional 
personnel for the Bureau of Land Management Renewable Energy 
Coordination Offices as are necessary to ensure the effective 
implementation of any programs administered by the 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 carrying out the 
program established under subsection (a), the Secretary may--
            (1) establish additional Bureau of Land Management 
        Renewable Energy Coordination Offices; or
            (2) temporarily assign the qualified staff designated under 
        subsection (c) to a State, district, or field office of the 
        Bureau of Land Management to expedite the permitting of 
        renewable energy projects.
    (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 under the 
        program established under subsection (a) 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. 7. DISPOSITION OF REVENUES.

    (a) Disposition of Revenues.--Beginning on January 1, 2017, without 
further appropriation or 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--
            (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 one 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 6, 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 expediting the issuance of 
        permits required for the development of renewable energy 
        projects in the States from which the revenues are derived--
                    (A) 25 percent for each of fiscal years 2016 
                through 2025;
                    (B) 20 percent for each of fiscal years 2026 
                through 2030;
                    (C) 15 percent for each of fiscal years 2031 
                through 2035; and
                    (D) 10 percent for fiscal year 2036 and each fiscal 
                year thereafter; and
            (4) to be deposited in the Renewable Energy Resource 
        Conservation Fund established by subsection (c)--
                    (A) 25 percent for each of fiscal years 2016 
                through 2025;
                    (B) 30 percent for each of fiscal years 2026 
                through 2030;
                    (C) 35 percent for each of fiscal years 2031 
                through 2035; and
                    (D) 40 percent for fiscal year 2036 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.
            (2) Use of funds.--The Secretary may make funds in the Fund 
        available to Federal, State, and tribal agencies to be 
        distributed in regions in which renewable energy projects are 
        located on Federal land, for the purposes of--
                    (A) 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
                    (B) preserving and improving recreational access to 
                Federal land and water in an affected region through an 
                easement, right-of-way, or other instrument from 
                willing landowners for the purpose of enhancing public 
                access to existing Federal land and water that is 
                inaccessible or significantly restricted.
            (3) Partnerships.--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 subparagraphs (A) and (B) of 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 revenues deposited and used in the Fund shall supplement 
        (and not supplant) annual appropriations for activities 
        described in subparagraphs (A) and (B) of paragraph (2).

SEC. 8. SAVINGS CLAUSE.

    Notwithstanding any other provision of this Act, the Secretary 
shall continue to manage public land under the principles of multiple 
use and sustained yield in accordance with title I of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), including 
due consideration of mineral and nonrenewable energy-related projects 
and other nonrenewable energy uses, for the purposes of land use 
planning, permit processing, and conducting environmental reviews.
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