[Senate Report 118-135]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 279
118th Congress    }                                     {       Report
                                 SENATE
 1st Session      }                                     {      118-135

======================================================================



 
            LA PAZ COUNTY SOLAR ENERGY AND JOB CREATION ACT

                                _______
                                

               December 12, 2023.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural

                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 1657]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1657) to authorize the Secretary of the 
Interior to convey certain public land to La Paz County, 
Arizona, and for other purposes, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill, as amended, do pass.

                               AMENDMENTS

    1. On page 2, line 2, strike ``4,800'' and insert 
``3,400''.
    2. On page 2, strike lines 6 through 9 and insert the 
following:

          (3) Map.--The term ``map'' means the map entitled 
        ``BLM Arizona--La Paz County Land Conveyance Map, 
        Bureau of Land Management--Colorado River District, 
        Yuma Field Office'' and dated June 29, 2023.

                                PURPOSE

    The purpose of S. 1657 is to authorize the Secretary of the 
Interior to convey certain public land to La Paz County, 
Arizona, to facilitate the county's development of a large-
scale solar power project.

                          BACKGROUND AND NEED

    La Paz County, Arizona possesses solar energy potential but 
has been challenged in the renewable energy sector because of 
the relatively small amount of private lands within the county. 
More than 60 percent of all land within the county boundary is 
owned by the Bureau of Land Management and another 35 percent 
is owned by state and tribal governments.
    In 2019, section 1008 of Public Law 116-9, the John D. 
Dingell, Jr. Conservation, Management, and Recreation Act, 
authorized the conveyance to the county of 5,935 acres of BLM 
lands to allow the county to proceed with the development of a 
large-scale solar farm. The solar farm is immediately adjacent 
to the proposed 500kV Ten West transmission line which will 
link to electricity distribution grids in Phoenix and southern 
California.
    S. 1657 would convey an additional 3,400 acres of adjacent 
BLM land to La Paz County at fair market value to enable the 
county to expand the solar farm and realize the county's goal 
of hosting the largest photovoltaic solar farm in the United 
States. The BLM is currently processing a solar energy 
application with a proposed capacity of 800 MW covering most of 
the lands that would be conveyed by S. 1657.

                          LEGISLATIVE HISTORY

    S. 1657 was introduced by Senators Sinema and Kelly on May 
17, 2023. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 1657 on July 12, 2023.
    Similar legislation, S. 528, was introduced in the 117th 
Congress by Senators Sinema and Kelly on March 2, 2021. The 
Subcommittee on Public Lands, Forests, and Mining held a 
hearing on S. 528 on October 19, 2021. Companion legislation, 
H.R. 1499, was introduced in the 117th House of Representatives 
on March 2, 2021, by Representative Gosar.
    Similar legislation, S. 4475, was introduced in the 116th 
Congress by Senators Sinema and McSally on August 6, 2020. The 
Subcommittee on Public Lands, Forests, and Mining held a 
hearing on S. 4475 on September 16, 2020 (S. Hrg. 116 380).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 21, 2023, by a majority 
voice vote of a quorum present, recommends that the Senate pass 
S. 1657, if amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 1657, the committee adopted 
two amendments, one to decrease the amount of conveyed lands 
and a second to update the map reference in the bill.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title of the bill as the ``La 
Paz County Solar Energy and Job Creation Act''.

Section 2. Definitions

    Section 2 defines key terms used in the bill.

Section 3. Conveyance to La Paz County, Arizona

    Subsection (a) authorizes the Secretary of the Interior 
(Secretary) to convey 3,400 acres of land managed by the Bureau 
of Land Management, as depicted on the referenced map, to La 
Paz County, Arizona (County) as soon as practicable after 
receiving a request from the County to convey such land.
    Subsection (b) requires the conveyance of the land to be 
subject to valid existing rights and such terms and conditions 
as the Secretary determines to be necessary. The subsection 
also requires that the land conveyed cannot contain significant 
cultural, environmental, wildlife, or recreational resources.
    Subsection (c) requires that the land being conveyed be 
purchased for fair market value and in accordance with the 
Federal Land Policy Management Act of 1976 and based on certain 
appraisal standards.
    Subsection (d) requires that as a condition for the 
conveyance, the County must take certain steps to avoid 
disturbance of Tribal artifacts and to coordinate with the 
Colorado River Indian Tribes Tribal Historic Preservation 
Office to identify potential Tribal artifacts.
    Subsection (e) requires the Secretary to keep the 
referenced map on file for public inspection in the appropriate 
offices of the Bureau of Land Management, and authorizes the 
Secretary to make any minor corrections to the map if 
appropriate.
    Subsection (f) withdraws the land to be conveyed from the 
mining and mineral leasing laws of the United States.
    Subsection (g) requires the County to be responsible for 
the costs associated with the conveyance.
    Subsection (h) directs the proceeds from the sale of the 
land to be deposited into the Federal Land Disposal Account (43 
U.S.C. 2301 et seq.) and used in accordance with that Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 1657 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1657. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 1657, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1657, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony of the Bureau of Land Management from the 
Subcommittee on Public Lands, Forests, and Mining July 12, 
2023, hearing on S. 1657 follows:

     Statement of Thomas Heinlein, Assistant Director for National 
Conservation Lands & Community Partnerships, Bureau of Land Management, 
U.S. Department of the Interior

           *       *       *       *       *       *       *


S. 1657, La Paz County Solar Energy & Job Creation Act
    S. 1657 directs the Secretary of the Interior to convey 
approximately 4,800 acres of BLM-managed land to La Paz County 
as soon as practicable after receiving a request from the 
county to convey the land. Under the bill, the conveyance would 
be subject to valid existing rights and such terms and 
conditions as the Secretary determines to be necessary, and the 
subsurface would be withdrawn from mineral entry. Any Federal 
lands with significant cultural, environmental, wildlife, or 
recreational resources would be excluded from the conveyance. 
La Paz County would be required to pay fair market value for 
the land based on an appraisal conducted using uniform 
appraisal standards, as well as all costs related to the 
conveyance, including all surveys, appraisals, and other 
administrative costs.
    S. 1657 also specifies that as a condition of conveyance, 
La Paz County and any subsequent owner of the conveyed land are 
required to make good faith efforts to avoid disturbing Tribal 
artifacts. If Tribal artifacts are disturbed, La Paz County 
would be required to minimize impacts to the artifacts and 
allow Tribal representatives to rebury artifacts at or near 
where they were discovered. La Paz County is also required to 
coordinate with the Colorado River Indian Tribes Tribal 
Historic Preservation Office to identify artifacts of cultural 
and historic significance. Other than these conditions, the 
bill does not impose any further use, development, or disposal 
restrictions for the surface acres conveyed to the county.
    Recognizing the urgency of the climate crisis, the Biden 
Administration has set a goal to achieve a carbon pollution-
free power sector by 2035 and the Energy Act of 2020 has set a 
goal of permitting 25 gigawatts of renewable energy projects on 
public lands by 2025. The BLM is engaging our Tribal partners, 
industry, stakeholders, and the states to increase 
opportunities for renewable energy development on public lands. 
The BLM supports the Sponsors' stated goals of promoting solar 
energy development, but has some concerns with the approach of 
the bill as discussed below.


                                analysis


    La Paz County, located in western Arizona, is home to 
approximately 20,000 people. The county is home to significant 
recreational opportunities due to its close proximity to the 
Colorado River; three National Wildlife Refuges; and a number 
of cultural and historic sites, including old mines and ghost 
towns.
    The John D. Dingell Jr. Conservation, Management, and 
Recreation Act (P.L. 116-9) included provisions directing the 
conveyance to La Paz County of approximately 5,900 acres of 
BLM-managed public lands for economic development and renewable 
energy generation. The BLM announced the successful conveyance 
of this land to La Paz County on May 22, 2020. The 
approximately 4,800 acres of BLM-managed public land to be 
conveyed under S. 1657 are adjacent to the lands conveyed to La 
Paz County under the Dingell Act.
    Currently, the lands proposed for conveyance are primarily 
utilized for livestock grazing and include range improvements 
to facilitate grazing. The BLM is in the midst of processing a 
photovoltaic solar energy application on 4,654 acres within the 
4,800 acres proposed to be conveyed, with a proposed capacity 
of 800 megawatts, and has nearly completed the initial variance 
process as identified in the BLM's Western Solar Plan (2012). 
There is also a BLM-designated energy transmission right-of-way 
corridor in the proposed conveyance parcel. The lands have not 
been identified as potentially suitable for disposal in the 
Yuma Resource Management Plan, which the BLM completed in 2010.
    The BLM recognizes the importance of efficiently deploying 
renewable energy projects on both public and private lands to 
meet the urgent demands of the climate crisis while empowering 
American workers and businesses to lead a clean energy 
revolution. We also recognize the Sponsors' effort in the bill 
to protect cultural and Tribal resources, and the BLM is aware 
of public support for using these lands for solar energy 
development.
    The BLM notes that it is currently reviewing a solar energy 
project within the proposed conveyance area through a process 
that will ensure full protection for sensitive resources, 
including cultural resources, and gives full consideration to 
the cumulative impacts of the multiple solar projects in the 
area.
    Given the BLM's pending review of this project, we question 
whether the proposed land conveyance is necessary to advance 
responsible renewable energy development while protecting 
environmental and cultural resources and the interests of 
American taxpayers. Furthermore, as currently written, the bill 
does not guarantee that once the lands are conveyed, those 
lands would be used for renewable energy development. Should 
Congress decide to pursue the conveyance, the BLM would like to 
work with the Sponsors on modifications that would solidify the 
intended use of these lands for renewable energy development 
and ensure appropriate environmental reviews.
    We appreciate the Sponsors' inclusion of the Uniform 
Appraisal Standards for Federal Land Acquisition and Uniform 
Standards of Professional Appraisal Practice provision and 
would welcome an opportunity to work with the bill Sponsors to 
ensure the responsibilities of each party to the conveyance are 
clear. The BLM notes that there are several actions that may be 
required before the BLM can convey public lands, such as 
environmental assessments and cultural, biological, and 
cadastral surveys. The BLM is also aware of possible range 
improvements in the proposed area that may need to be 
compensated for, in compliance with grazing laws and 
regulations, in addition to the assessment and survey work 
required for conveyance. In addition, the BLM would like to 
work with the Sponsors to develop a new official legislative 
map of the proposed conveyance to La Paz County, including land 
status, to be referenced in S. 1657.
    The BLM notes that if this legislation is enacted and some 
or all of the lands are conveyed, the BLM will not be able to 
approve the pending photovoltaic solar energy application that 
the bureau is currently processing. Additionally, the BLM would 
like to work with the Sponsor to exclude from the proposal an 
important electric transmission corridor. Approximately 1,100 
acres of the proposal overlap a BLM-designated right-of-way 
corridor providing critical eastwest capacity for electric 
transmission and infrastructure between the Phoenix area and 
Southern California, including the existing Palo Verde to 
Devers 500 kilovolt transmission line. The BLM recommends this 
corridor is maintained to facilitate the orderly administration 
of other proposed renewable energy projects in this region and 
advance the goal of 25,000 megawatts on public land as required 
under the Energy Act of 2020. The BLM is aware that the Sponsor 
is working on updating the official legislative map to make 
these suggested adjustments to accommodate this corridor.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 1657 as ordered 
reported.

                                  [all]