[Senate Report 118-135]
[From the U.S. Government Publishing Office]
Calendar No. 279
118th Congress } { Report
SENATE
1st Session } { 118-135
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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.
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