[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Pages S1308-S1311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1355. Ms. McSALLY submitted an amendment intended to be proposed
by her to the bill S. 2657, to support innovation in advanced
geothermal research and development, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 12__. PUBLIC LAND RENEWABLE ENERGY DEVELOPMENT.
(a) Definitions.--In this section:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) public land; 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; and
(B) public land.
(4) Fund.--The term ``Fund'' means the Renewable Energy
Resource Conservation Fund established by subsection
(h)(3)(A).
(5) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(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 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).
(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--
(A) is not an exclusion area; and
(B) is not a priority area.
(b) Land Use Planning; Supplements to Programmatic
Environmental Impact Statements.--
(1) Priority areas.--
(A) 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.
(B) Deadline.--
(i) 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.
(ii) Solar energy.--For solar energy, the Secretary shall
establish additional priority areas as soon as practicable,
but not later than 3 years, after the date of enactment of
this Act.
(iii) 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.
(2) 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 section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702)).
(3) Review and modification.--Not less frequently than once
every 5 years, the Secretary shall--
(A) 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
(B) based on the review carried out under subparagraph (A),
add, modify, or eliminate priority, variance, and exclusion
areas.
(4) Compliance with the national environmental policy
act.--For purposes of this subsection, compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) shall be accomplished--
(A) for geothermal energy, by supplementing the October
2008 final programmatic environmental impact statement for
geothermal leasing in the Western United States, including by
incorporating any additional regional analyses that were
completed by Federal agencies after the date on which the
programmatic environmental impact statement was finalized;
(B) for solar energy, by supplementing the July 2012 final
programmatic environmental impact statement for the Solar
Energy Program of the Bureau of Land Management, including by
incorporating any additional regional analyses that were
completed by Federal agencies after the date on which the
programmatic environmental impact statement was finalized;
and
(C) for wind energy, by supplementing the July 2005 final
programmatic environmental impact statement for wind energy
development, including by incorporating any additional
regional analyses that were completed by Federal agencies
after the date on which the programmatic environmental impact
statement was finalized.
(5) No effect on processing applications.--A requirement to
prepare a supplement to a programmatic environmental impact
statement under this subsection shall not result in any delay
in processing an application for a renewable energy project.
(6) Coordination.--In developing a supplement required by
this subsection, 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--
(A) economically viable (including having access to
existing or planned transmission capacity);
(B) likely to avoid or minimize conflict with habitat for
animals and plants, recreation, cultural resources, and other
uses of covered land; and
[[Page S1309]]
(C) 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)).
(c) Environmental Review on Covered Land.--
(1) In general.--If the Secretary determines that a
proposed renewable energy project has been sufficiently
analyzed by a programmatic environmental impact statement
conducted under subsection (b)(4), the Secretary shall not
require any additional review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) 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 subsection
(b)(4) to the maximum extent practicable when analyzing the
potential impacts of the project.
(3) Relationship to other law.--Nothing in this subsection
modifies or supersedes any requirement under applicable law.
(d) Program to Improve Renewable Energy Project Permit
Coordination.--
(1) Establishment.--
(A) In general.--The Secretary shall establish and
implement, through the offices established under subparagraph
(B), a program to improve Federal permit coordination with
respect to renewable energy projects on covered land.
(B) Establishment of offices.--To establish and implement
the program described in subparagraph (A), and to carry out
other necessary activities, as determined by the Secretary,
the Secretary shall establish--
(i) an office to serve as the National Renewable Energy
Coordination Office; and
(ii) State, district, or field Renewable Energy
Coordination Offices, for such time as the Secretary
determines to be appropriate.
(2) Memorandum of understanding.--
(A) 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 subsection,
including to specifically expedite the environmental analysis
of applications for projects proposed in a variance area or a
priority area, with--
(i) the Secretary of Defense; and
(ii) the Secretary of Agriculture.
(B) State participation.--The Secretary may request the
Governor of any interested State to be a signatory to the
memorandum of understanding under subparagraph (A).
(3) Designation of qualified staff.--
(A) In general.--Not later than 30 days after the date on
which the memorandum of understanding under paragraph (2) is
executed, all Federal signatories, as appropriate, shall
identify for the National Renewable Energy Coordination
Office established under paragraph (1)(B)(i) and each
Renewable Energy Coordination Office established under
paragraph (1)(B)(ii) 1 or more employees who have expertise
in the regulatory issues relating to the office in which the
employee is employed, including, as applicable, particular
expertise in--
(i) consultation regarding, and preparation of, biological
opinions under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536);
(ii) permits under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(iii) regulatory matters under the Clean Air Act (42 U.S.C.
7401 et seq.);
(iv) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(v) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(vi) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(vii) implementation of the requirements of section 306108
of title 54, United States Code (formerly known as section
106 of the National Historic Preservation Act);
(viii) planning under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a); and
(ix) the Act of June 8, 1940 (54 Stat. 250, chapter 278; 16
U.S.C. 668 et seq.) (commonly known as the ``Bald Eagle
Protection Act'').
(B) Duties.--Each employee assigned under subparagraph (A)
shall--
(i) be responsible for addressing all issues relating to
the jurisdiction of the home office or agency of the
employee; and
(ii) participate as part of the team of personnel working
on proposed energy projects, planning, monitoring,
inspection, enforcement, and environmental analyses.
(4) Clarification of existing authority.--Section 307 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1737) is amended by adding at the end the following:
``(8) Donations.--The Secretary, in accordance with
subsection (c), may accept donations from renewable energy
companies working on public lands, including donations to
help cover the costs of environmental reviews.''.
(5) Report to congress.--
(A) 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 paragraph (1)(A)
during the preceding year.
(B) Inclusions.--Each report under subparagraph (A) shall
include--
(i) projections for renewable energy production and
capacity installations; and
(ii) a description of any problems relating to leasing,
permitting, siting, or production.
(e) Increasing Economic Certainty.--
(1) In general.--The Secretary shall consider the total
amount paid in acreage rental rates, capacity fees, and other
recurring annual fees in evaluating existing rates paid by
renewable energy projects for the use of Federal land.
(2) Increases in base rental rates.--After a base rental
rate is established on an issuance of a right-of-way
authorization, for the entire term of the right-of-way
authorization, any increase in the base rental rate shall be
limited to the Implicit Price Deflator-Gross Domestic Product
Index published by the Bureau of Economic Analysis of the
Department of Commerce on the date of issuance of the right-
of-way authorization.
(3) Reductions in base rental rates.--The Secretary may
reduce acreage rental rates and capacity fees for existing
and new wind and solar authorizations if the Secretary
determines--
(A) that the existing rates--
(i) exceed fair market value;
(ii) impose economic hardships;
(iii) limit commercial interest in a competitive lease sale
or right-of-way grant; or
(iv) are not competitively priced compared to other
available land; or
(B) that a reduced rental rate or capacity fee is necessary
to promote the greatest use of wind and solar energy
resources, especially inside priority areas.
(f) Limited Grandfathering.--
(1) Definition of project.--In this subsection, 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 enactment of this Act).
(2) Requirement to pay rents and fees.--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)).
(g) Renewable Energy Goal.--The Secretary and the Secretary
of Agriculture, through management of public land and
administration of Federal laws, shall seek to issue permits
that, in total, authorize production of not less than 25
gigawatts of electricity from wind, solar, and geothermal
energy projects by not later than December 31, 2025.
(h) Disposition of Revenues.--
(1) Disposition of revenues.--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 or National Forest System land--
(A) for the period beginning on January 1, 2021, and ending
on December 31, 2040--
(i) 25 percent shall be paid by the Secretary of the
Treasury to the State within the boundaries of which the
revenue is derived;
(ii) 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;
(iii) 15 percent shall be deposited in the Treasury and be
made available to the Secretary to carry out the program
established under subsection (d)(1), 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; and
(iv) 35 percent shall be deposited in the Fund; and
(B) beginning on January 1, 2041--
(i) 25 percent shall be paid by the Secretary of the
Treasury to the State within the boundaries of which the
revenue is derived;
(ii) 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;
(iii) 10 percent shall be deposited in the Treasury and be
made available to the Secretary to carry out the program
established under subsection (d)(1), 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,
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to expediting the issuance of permits required for the
development of renewable energy projects in the States from
which the revenues are derived; and
(iv) 40 percent shall be deposited in the Fund.
(2) Payments to states and counties.--
(A) In general.--Amounts paid to States and counties under
paragraph (1) shall be used consistent with section 35 of the
Mineral Leasing Act (30 U.S.C. 191).
(B) Payments in lieu of taxes.--A payment to a county under
subparagraph (A) shall be in addition to a payment in lieu of
taxes received by the county under chapter 69 of title 31,
United States Code.
(3) Renewable energy resource conservation fund.--
(A) 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.
(B) 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, for the purposes of--
(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 from willing
landowners for the purpose of enhancing public access to
existing Federal land and water that is inaccessible or
restricted.
(C) Partnerships.--The Secretary may enter into cooperative
agreements with State, local, and Tribal agencies, nonprofit
organizations, and other appropriate entities to carry out
the activities described in clauses (i) and (ii) of
subparagraph (B).
(D) Investment of fund.--
(i) 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.
(ii) Use.--Any interest earned under clause (i) may be
expended in accordance with this paragraph.
(E) Report to congress.--At the end of each fiscal year,
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
identifying--
(i) the amounts described in paragraph (1) that were
collected during that fiscal year, organized by source;
(ii) the amount and purpose of payments made to each
Federal, State, local, and Tribal agency under subparagraph
(B) during that fiscal year; and
(iii) the amount remaining in the Fund at the end of the
fiscal year.
(F) 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 clauses (i) and (ii) of subparagraph (B).
(i) Promoting and Enhancing Development of Geothermal
Energy.--
(1) 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 2023''.
(2) Authorization.--Section 234(b) of the Energy Policy Act
of 2005 (42 U.S.C. 15873(b)) is amended--
(A) by striking ``Amounts'' and inserting the following:
``(1) In general.--Amounts''; and
(B) by adding at the end the following:
``(2) Authorization.--Effective for fiscal year 2021 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.''.
(j) Facilitation of Coproduction of Geothermal Energy on
Oil and Gas Leases.--Section 4 of the Geothermal Steam Act of
1970 (30 U.S.C. 1003) is amended--
(1) in subsection (c), by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary'';
(2) in subsection (b), by redesignating paragraph (3) as
paragraph (2) and moving the paragraph so as to appear after
paragraph (1) of subsection (c) (as designated by paragraph
(1)); and
(3) in subsection (c) (as amended by paragraphs (1) and
(2)), by adding at the end the following:
``(3) Land subject to oil and gas lease.--
``(A) Definition of land.--In this paragraph, the term
`land' means land that--
``(i) is under an oil and gas lease issued pursuant to the
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.);
``(ii) is subject to an approved application for permit to
drill; and
``(iii) from which oil and gas production is occurring.
``(B) Geothermal energy.--Land may be available for
noncompetitive leasing under this section to the holder of an
oil and gas lease described in subparagraph (A)(i)--
``(i) if the Secretary determines that geothermal energy
will be produced from a well that is producing or is capable
of producing oil and gas; and
``(ii) to provide for the coproduction of geothermal energy
with oil and gas.''.
(k) Noncompetitive Leasing of Adjoining Areas for
Development of Geothermal Resources.--Section 4(c) of the
Geothermal Steam Act of 1970 (30 U.S.C. 1003(c)) (as amended
by subsection (j)) is amended by adding at the end the
following:
``(4) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term `fair market
value per acre' means a dollar amount per acre that--
``(I) subject to subclause (II), is equal to the market
value per acre, as determined by the Secretary--
``(aa) under regulations promulgated under this paragraph;
``(bb) taking into account the data described in
subparagraph (B)(iii) regarding a valid discovery under
subclause (I) of that subparagraph; and
``(cc) not later than 180 days after the date on which the
Secretary receives an application for a lease under this
paragraph; and
``(II) shall be not less than the greater of--
``(aa) 4 times the median amount paid per acre for all land
leased under this Act during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term `industry standards'
means the standards by which a qualified geothermal
professional assesses whether downhole or flowing temperature
measurements with indications of permeability are sufficient
to produce energy from geothermal resources, as determined
through flow or injection testing or measurement of lost
circulation while drilling.
``(iii) Qualified federal land.--The term `qualified
Federal land' means land that is available for leasing under
this Act.
``(iv) Qualified geothermal professional.--The term
`qualified geothermal professional' means an individual who
is an engineer or geoscientist in good professional standing
with at least 5 years of experience in geothermal
exploration, development, or project assessment.
``(v) Qualified lessee.--The term `qualified lessee' means
a person that is eligible to hold a geothermal lease under
this Act (including applicable regulations).
``(vi) Valid discovery.--The term `valid discovery' means a
discovery, by a new or existing slim hole or production well,
of a geothermal resource that exhibits downhole or flowing
temperature measurements with indications of permeability
that are sufficient to meet industry standards.
``(B) Authority.--An area of qualified Federal land that
adjoins other land for which a qualified lessee holds a legal
right to develop geothermal resources may be available for a
noncompetitive lease under this section to the qualified
lessee at the fair market value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1 acre and not more than
640 acres; and
``(II) is not already leased under this Act or nominated to
be leased under subsection (a);
``(ii) the qualified lessee has not previously received a
noncompetitive lease under this paragraph in connection with
the valid discovery for which data has been submitted under
clause (iii)(I); and
``(iii) sufficient geological and other technical data
prepared by a qualified geothermal professional has been
submitted by the qualified lessee to the applicable Federal
land management agency that would lead individuals who are
experienced in the subject matter to believe that--
``(I) there is a valid discovery of geothermal resources on
the land for which the qualified lessee holds the legal right
to develop geothermal resources; and
``(II) those geothermal resources extend into the adjoining
areas.
``(C) Regulations for determining fair market value.--The
Secretary shall promulgate regulations establishing a
procedure to determine fair market value per acre under
subparagraph (A)(i)(I) for purposes of this paragraph.
``(D) Administration.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any request to lease land under
this paragraph;
``(II) provide to a qualified lessee and publish, with an
opportunity for public comment for a period of 30 days, any
proposed determination under this paragraph of the fair
market value per acre of an area that the qualified lessee
seeks to lease under this paragraph; and
``(III) provide to the qualified lessee and any adversely
affected party the opportunity to appeal the final
determination of the fair market value per acre of the area
in an administrative proceeding before the applicable Federal
land management agency, in accordance with applicable law
(including regulations).
``(ii) Limitation on nomination.--After publication of a
notice of request to lease land under this paragraph, the
Secretary may not accept any nomination to lease that land
under subsection (a) unless the request has been denied or
withdrawn.
``(iii) Annual rental.--For purposes of section 5(a)(3), a
lease awarded under this
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paragraph shall be considered a lease awarded in a
competitive lease sale.
``(E) Regulations.--Not later than 270 days after the date
of enactment of the American Energy Innovation Act of 2020,
the Secretary shall issue regulations to carry out this
paragraph.''.
(l) Savings Clause.--Notwithstanding any other provision of
this section, 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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