[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 178 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 178

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

  Mr. Levin introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Land Renewable Energy 
Development Act of 2023''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Land use planning; updates to programmatic environmental impact 
                            statements.
Sec. 5. Limited grandfathering.
Sec. 6. Disposition of revenues.
Sec. 7. Savings.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A) Federal lands administered by the Secretary; 
                and
                    (B) not excluded from the development of 
                geothermal, solar, or wind energy under--
                            (i) a land use plan; 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) public lands; and
                    (B) lands of the National Forest System as 
                described in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a)).
            (4) Fund.--The term ``Fund'' means the Renewable Energy 
        Resource Conservation Fund established by section 6(c)(1).
            (5) Land use plan.--The term ``land use plan'' means--
                    (A) in regard to Federal land, a land use plan 
                established under the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.); and
                    (B) in regard to National Forest System lands, a 
                land management plan approved, amended, or revised 
                under section 6 of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1604).
            (6) 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, including a designated leasing area 
        (as defined in section 2801.5(b) of title 43, Code of Federal 
        Regulations (or a successor regulation)) that is identified 
        under the rule of the Bureau of Land Management entitled 
        ``Competitive Processes, Terms, and Conditions for Leasing 
        Public Lands for Solar and Wind Energy Development and 
        Technical Changes and Corrections'' (81 Fed. Reg. 92122 
        (December 19, 2016)) (or a successor regulation).
            (7) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702).
            (8) 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.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) Variance area.--The term ``variance area'' means 
        covered land that is--
                    (A) not an exclusion area;
                    (B) not a priority area; and
                    (C) identified by the Secretary as potentially 
                available for renewable energy development and could be 
                approved without a plan amendment, 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.)).

SEC. 4. LAND USE PLANNING; UPDATES 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, 
        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.)) and the renewable energy permitting goal enacted 
        by the Consolidated Appropriations Act of 2021 (Public Law 116-
        260). Among applications for a given renewable energy source, 
        proposed projects located in priority areas for that renewable 
        energy source shall--
                    (A) be given the highest priority for incentivizing 
                deployment thereon; and
                    (B) be offered the opportunity to participate in 
                any regional mitigation plan developed for the relevant 
                priority areas.
            (2) Establishing priority areas.--
                    (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 the enactment of this Act.
                    (B) Solar energy.--For solar energy--
                            (i) solar designated leasing areas 
                        (including the solar energy zones established 
                        by Bureau of Land Management Solar Energy 
                        Program, established in October 2012), and any 
                        subsequent land use plan amendments, shall be 
                        considered to be priority areas for solar 
                        energy projects; and
                            (ii) the Secretary shall complete a process 
                        to consider establishing additional solar 
                        priority areas as soon as practicable, but not 
                        later than 3 years, after the date of the 
                        enactment of this Act.
                    (C) Wind energy.--For wind energy, the Secretary 
                shall complete a process to consider establishing 
                additional wind priority areas as soon as practicable, 
                but not later than 3 years, after the date of the 
                enactment of this Act.
    (b) Variance Areas.--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.)) and the renewable energy permitting 
goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 
116-260), and applications for a given renewable energy source located 
in those variance areas shall be timely processed in order to assist in 
meeting that goal.
    (c) Review and Modification.--
            (1) In general.--Not less than once every 10 years, the 
        Secretary shall--
                    (A) review the adequacy of land allocations for 
                geothermal, solar, and wind energy priority, exclusion, 
                and variance areas for the purpose of encouraging and 
                facilitating new renewable energy development 
                opportunities; and
                    (B) based on the review carried out under 
                subparagraph (A), add, modify, or eliminate priority, 
                variance, and exclusion areas.
            (2) Exception.--Paragraph (1) shall not apply to the 
        renewable energy land use planning published in the Desert 
        Renewable Energy Conservation Plan developed by the California 
        Energy Commission, the California Department of Fish and 
        Wildlife, the Bureau of Land Management, and the United States 
        Fish and Wildlife Service until January 1, 2030.
    (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 updating the document 
        entitled ``Final Programmatic Environmental Impact Statement 
        for Geothermal Leasing in the Western United States'', dated 
        October 2008, and incorporating any additional regional 
        analyses that have been completed by Federal agencies since 
        that programmatic environmental impact statement was finalized;
            (2) for solar energy, by updating the document entitled 
        ``Final Programmatic Environmental Impact Statement (PEIS) for 
        Solar Energy Development in Six Southwestern States'', dated 
        July 2012, and incorporating any additional regional analyses 
        that have been completed by Federal agencies since that 
        programmatic environmental impact statement was finalized; and
            (3) for wind energy, by updating the document entitled 
        ``Final Programmatic Environmental Impact Statement on Wind 
        Energy Development on BLM-Administered Lands in the Western 
        United States'', dated July 2005, and incorporating any 
        additional regional analyses that have been completed by 
        Federal agencies since the programmatic environmental impact 
        statement was finalized.
    (e) No Effect on Processing Site Specific Applications.--Site 
specific environmental review and processing of permits for proposed 
projects shall proceed during preparation of an updated programmatic 
environmental impact statement, resource management plan, or resource 
management plan amendment.
    (f) Coordination.--In developing updates 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 
        existing and planned transmission lines);
            (2) likely to avoid or minimize impacts to habitat for 
        animals and plants, recreation, cultural resources, 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)).

SEC. 5. LIMITED GRANDFATHERING.

    (a) Definition of Project.--In this section, the term ``project'' 
means a system described in section 2801.9(a)(4) of title 43, Code of 
Federal Regulations (as in effect on the date of the enactment of this 
Act).
    (b) Requirement To Pay Rents and Fees.--Unless otherwise agreed to 
by the owner of a project, the owner of a project that applied for a 
right-of-way under section 501 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2016, 
shall be obligated to pay with respect to the right-of-way all rents 
and fees in effect before the effective date of the rule of the Bureau 
of Land Management entitled ``Competitive Processes, Terms, and 
Conditions for Leasing Public Lands for Solar and Wind Energy 
Development and Technical Changes and Corrections'' (81 Fed. Reg. 92122 
(December 19, 2016)).

SEC. 6. DISPOSITION OF REVENUES.

    (a) Disposition of Revenues.--
            (1) Availability.--Except as provided in paragraph (2), 
        beginning on January 1, 2024, of amounts collected from a wind 
        or solar project as bonus bids, rentals, fees, or other 
        payments under a right-of-way, permit, lease, or other 
        authorization the following shall be made available, without 
        further appropriation or fiscal year limitation, as follows:
                    (A) Twenty-five percent shall be paid by the 
                Secretary of the Treasury to the State within the 
                boundaries of which the revenue is derived.
                    (B) Twenty-five 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.
                    (C) Twenty-five percent shall be deposited in the 
                Treasury and be made available to the Secretary to 
                carry out the program established under this Act, 
                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 
                without detrimental impacts to emerging markets, to 
                expediting the issuance of permits required for the 
                development of renewable energy projects in the States 
                from which the revenues are derived.
                    (D) Twenty-five percent shall be deposited in the 
                Renewable Energy Resource Conservation Fund established 
                by subsection (c).
            (2) Exceptions.--Paragraph (1) shall not apply to the 
        following:
                    (A) Amounts collected under section 504(g) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1764(g)).
                    (B) Amounts deposited into the National Parks and 
                Public Land Legacy Restoration Fund under section 
                200402(b) of title 54, United States Code.
    (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 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, which shall be administered by the Secretary, in 
        consultation with the Secretary of Agriculture.
            (2) Use of funds.--The Secretary may make amounts in the 
        Fund available to Federal, State, local, and Tribal agencies to 
        be distributed in regions in which renewable energy projects 
        are located on Federal land. Such amounts may be used to--
                    (A) restore and protect--
                            (i) fish and wildlife habitat for affected 
                        species;
                            (ii) fish and wildlife corridors for 
                        affected species; and
                            (iii) wetlands, streams, rivers, and other 
                        natural water bodies in areas affected by wind, 
                        geothermal, or solar energy development; and
                    (B) preserve and improve 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 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 paragraph (2).
            (4) Investment of fund.--
                    (A) In general.--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.--Interest earned under subparagraph (A) 
                may be expended in accordance with this subsection.
            (5) Report to congress.--At the end of each fiscal year, 
        the Secretary shall submit a report to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate that includes a 
        description of--
                    (A) the amount collected as described in subsection 
                (a), by source, during that fiscal year;
                    (B) the amount and purpose of payments during that 
                fiscal year to each Federal, State, local, and Tribal 
                agency under paragraph (2); and
                    (C) the amount remaining in the Fund at the end of 
                the fiscal year.
            (6) 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 paragraph (2).

SEC. 7. SAVINGS.

    Notwithstanding any other provision of this Act, the Secretary 
shall continue to manage public lands 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.) or the 
Forest and Rangeland Renewable Resources Planning Act of 1974 (43 
U.S.C. 1701 et seq.), as applicable, 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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