,,ii  #aacth ,,congress  #ast ,session  
,s4 #bgi  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #aa1 #bjac
 ,mr4 ,tester 7for himself1 ,mr4        
,heller1 ,mr4 ,udall of ,colorado1 ,mr4 
,udall of ,new ,mexico1 ,mr4 ,risch1    
,mr4 ,heinrich1 ,mr4 ,baucus1 and ,mr4  
,bennet7 introduced the following bill2 
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 land1 and for other purposes4    
#a4 ,short title2 table of contents  7a7
 ,short title ,this ,act may be cited as
 the ,public ,land ,renewable ,energy   
,development ,act of #bjac4  7#a7 ,table
 of contents ,the table of contents for 
this ,act is as follows3  ,sec4 #a4     
,short title2 table of contents4 ,,title
 ,i--,geothermal energy ,sec4 #aja4     
,extension of funding for implementation
 of ,geothermal ,steam ,act of #aigj4   
,,title ,,ii--,development of solar and 
wind energy on public land ,sec4 #bja4  

,definitions4 ,sec4 #bjb4 ,programmatic 
environmental impact statements and land
 use planning4 ,sec4 #bjc4 ,development 
of solar and wind energy on public land4
 ,sec4 #bjd4 ,disposition of revenues4  
,sec4 #bje4 ,royalties4 ,sec4 #bjf4     
,enforcement of royalty and payment     
provisions4 ,sec4 #bjg4 ,enforcement4   
,sec4 #bjh4 ,segregation from           
appropriation under mining and ,federal 
land laws4 ,sec4 #bji4 ,report4 ,sec4   
#baj4 ,applicability of law4  ,i        
,geothermal energy  #aja4 ,extension of 
funding for implementation of           
,geothermal ,steam ,act of #aigj  7a7   
,in general ,section #bcd7;a7 of the    
,energy ,policy ,act of #bjje 7#db      
,u4,s4,c4 #aehgc7;a77 is amended by     
striking in the first #e fiscal years   
beginning after the date of enactment of
 this ,act and inserting through fiscal 
year #bjbj4  7b7 ,authorization ,section
 #bcd7;b7 of the ,energy ,policy ,act of
 #bjje 7#db ,u4,s4,c4 #aehgc7;b77 is    
amended--  7#a7 by striking ,amounts and

 inserting the following3  7#a7 ,in     
general ,amounts  2 and  7#b7 by adding 
at the end the following3  7#b7         
,authorization ,effective for fiscal    
year #bjac and each fiscal year         
thereafter1 amounts deposited under     
subsection 7a7 shall be available to the
 ,secretary of the ,interior for        
expenditure1 subject to appropriation   
and without fiscal year limitation1 to  
implement the ,geothermal ,steam ,act of
 #aigj 7#cj ,u4,s4,c4 #ajja et seq47 and
 this ,act4  4  ,,ii ,development of    
solar and wind energy on public land    
#bja4 ,definitions ,in this title3  7#a7
 ,covered land ,the term covered land   
means land that is--  7,a7 7i7 public   
land administered by the ,secretary2 or 
7ii7 ,national ,forest ,system land     
administered by the ,secretary of       
,agriculture2 and  7,b7 not excluded    
from the development of solar or wind   
energy under--  7i7 a land use plan     
established under the ,federal ,land    
,policy and ,management ,act of #aigf   

7#dc ,u4,s4,c4 #agja et seq472  7ii7 a  
land use plan established under the     
,national ,forest ,management ,act of   
#aigf 7#af ,u4,s4,c4 #afjj et seq472 or 
7iii7 other law4  7#b7 ,pilot program   
,the term pilot program means the wind  
and solar leasing pilot program         
established under section #bjc7;a74     
7#c7 ,public land ,the term public land 
has the meaning given the term public   
lands in section #ajc of the ,federal   
,land ,policy and ,management ,act of   
#aigf 7#dc ,u4,s4,c4 #agjb74  7#d7      
,secretaries ,the term ,secretaries     
means--  7,a7 in the case of public land
 administered by the ,secretary1 the    
,secretary2 and  7,b7 in the case of    
,national ,forest ,system land          
administered by the ,secretary of       
,agriculture1 the ,secretary of         
,agriculture4  7#e7 ,secretary ,the term
 ,secretary means the ,secretary of the 
,interior4  #bjb4 ,programmatic         
environmental impact statements and land
 use planning  7a7 ,national forest     

system land ,as soon as practicable but 
not later than #b years after the date  
of enactment of this ,act1 the          
,secretary of ,agriculture shall--  7#a7
 prepare and publish in the ,federal    
,register a notice of intent to prepare 
a programmatic environmental impact     
statement in accordance with the        
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcba et seq47 to 
analyze the potential impacts of--  7,a7
 a program to develop solar and wind    
energy on ,national ,forest ,system land
 administered by the ,secretary of      
,agriculture2 and  7,b7 any necessary   
amendments to land use plans for the    
land2 and  7#b7 amend any land use plans
 as appropriate to provide for the      
development of renewable energy in areas
 considered appropriate by the          
,secretary of ,agriculture immediately  
on completion of the programmatic       
environmental impact statement4  7b7    
,effect on processing applications ,the 
requirement for completion of           

programmatic environmental impact       
statements under this section shall not 
result in any delay in processing or    
approving applications for wind or solar
 development on ,national ,forest       
,system land4  7c7 ,military            
installations  7#a7 ,report ,not later  
than #b years after the date of         
enactment of this ,act1 the ,secretary  
of ,defense1 in consultation with the   
,secretary of the ,interior1 shall      
conduct a study1 and prepare a report1  
for ,states that have not completed the 
analysis that--  7,a7 identifies        
locations on land withdrawn from the    
public domain and reserved for military 
purposes that--  7i7 exhibit a high     
potential for solar1 wind1 geothermal1  
or other renewable energy production2   
7ii7 are disturbed or otherwise have    
comparatively low value for other       
resources2 and  7iii7 could be developed
 for renewable energy production in a   
manner consistent with all present and  
reasonably foreseeable military training

 and operational missions and research1 
development1 testing1 and evaluation    
requirements2 and  7,b7 describes the   
administration of public land withdrawn 
for military purposes for the           
development of commercial-scale         
renewable energy projects1 including the
 legal authorities governing            
authorization for that use4  7#b7       
,environmental impact analysis ,not     
later than #a year after the completion 
of the study required by paragraph 7#a71
 the ,secretary of ,defense1 in         
consultation with the ,secretary of the 
,interior1 shall prepare and publish in 
the ,federal ,register a notice of      
intent to prepare an environmental      
impact analysis document to support a   
program to develop renewable energy on  
withdrawn military land identified in   
the study as suitable for the           
production4  7#c7 ,reports ,on          
completion of the report1 the ,secretary
 and the ,secretary of ,defense shall   
jointly submit the report required by   

paragraph 7#a7 to--  7,a7 the ,committee
 on ,armed ,services of the ,senate2    
7,b7 the ,committee on ,energy and      
,natural ,resources of the ,senate2     
7,c7 the ,committee on ,armed ,services 
of the ,house of ,representatives2 and  
7,d7 the ,committee on ,natural         
,resources of the ,house of             
,representatives4  #bjc4 ,development of
 solar and wind energy on public land   
7a7 ,pilot program  7#a7 ,in general    
,not later than #ahj days after the date
 of enactment of this ,act1 the         
,secretary shall establish a wind and   
solar leasing pilot program on covered  
land administered by the ,secretary4    
7#b7 ,selection of sites  7,a7 ,in      
general ,not later than #ij days after  
the date the pilot program is           
established under this subsection1 the  
,secretary shall 7taking into           
consideration the multiple resource     
values of the land7 select #b sites that
 are appropriate for the development of 
a solar energy project1 and #b sites    

that are appropriate for the development
 of a wind energy project1 on covered   
land administered by the ,secretary as  
part of the pilot program4  7,b7 ,site  
selection ,in carrying out subparagraph 
7,a71 the ,secretary shall seek to      
select sites--  7i7 for which there is  
likely to be a high level of industry   
interest2  7ii7 that have a             
comparatively low value for other       
resources2 and  7iii7 that are          
representative of sites on which solar  
or wind energy is likely to be developed
 on covered land4  7,c7 ,ineligible     
sites ,the ,secretary shall not select  
as part of the pilot program any site   
for which a notice of intent has been   
issued4  7#c7 ,qualifications ,prior to 
any lease sale1 the ,secretary shall    
establish qualifications for bidders    
that ensure bidders--  7,a7 are able to 
expeditiously develop a wind or solar   
energy project on the site for lease2   
7,b7 possess--  7i7 financial resources 
necessary to complete a project2  7ii7  

knowledge of the applicable technology2 
and  7iii7 such other qualifications as 
are determined appropriate by the       
,secretary2 and  7,c7 meet the          
eligibility requirements for leasing    
under the first section of the ,mineral 
,leasing ,act 7#cj ,u4,s4,c4 #aha74     
7#d7 ,lease sales  7,a7 ,in general     
,except as provided in subparagraph     
7,d77ii71 not later than #ahj days after
 the date sites are selected under      
paragraph 7#b71 the ,secretary shall    
offer each site for competitive leasing 
to qualified bidders under such terms   
and conditions as are required by the   
,secretary4  7,b7 ,bidding systems  7i7 
,in general ,in offering the sites for  
lease1 the ,secretary may vary the      
bidding systems to be used at each lease
 sale1 to ensure a fair return to the   
public1 including--  7,i7 cash bonus    
bids with a requirement for payment of  
the royalty established under this ,act2
  7,,ii7 variable royalty bids based on 
a percentage of the gross proceeds from 

the sale of electricity produced from   
the lease1 except that the royalty shall
 not be less than the royalty required  
under this ,act1 together with a fixed  
cash bonus2 and  7,,iii7 such other     
bidding system as ensures a fair return 
to the public consistent with the       
royalty established under this ,act4    
7ii7 ,round ,the ,secretary shall limit 
bidding to #a round in any lease sale4  
7iii7 ,expenditures ,in any case in     
which the land that is subject to lease 
has #a or more pending applications for 
the development of wind or solar energy 
at the time of the lease sale1 the      
,secretary shall give credit toward any 
bid submitted by the applicant for      
expenditures of the applicant considered
 by the ,secretary to be qualified and  
necessary for the preparation of the    
application4  7,c7 ,revenues ,bonus     
bids1 royalties1 rentals1 fees1 or other
 payments collected by the ,secretary   
under this section shall be subject to  
section #bjd4  7,d7 ,lease terms  7i7   

,in general ,as part of the pilot       
program1 the ,secretary may vary the    
length of the lease terms and establish 
such other lease terms and conditions as
 the ,secretary considers appropriate4  
7ii7 ,data collection ,as part of the   
pilot program1 the ,secretary shall--   
7,i7 offer on a noncompetitive basis on 
at least #a site a short-term lease for 
data collection2 and  7,,ii7 on the     
expiration of the short-term lease1     
offer on a competitive basis a long-term
 lease1 giving credit toward the bonus  
bid to the holder of the short-term     
lease for any qualified expenditures to 
collect data to develop the site during 
the short-term lease4  7#e7 ,compliance 
with laws ,in offering for lease the    
selected sites under paragraph 7#d71 the
 ,secretary shall comply with all       
applicable environmental and other laws4
  7#f7 ,report ,the ,secretary shall--  
7,a7 compile a report of the results of 
each lease sale under the pilot program1
 including--  7i7 the level of          

competitive interest2  7ii7 a summary of
 bids and revenues received2 and  7iii7 
any other factors that may have impacted
 the lease sale process2 and  7,b7 not  
later than #ij days after the final     
lease sale1 submit to the ,committee on 
,energy and ,natural ,resources of the  
,senate and the ,committee on ,natural  
,resources of the ,house of             
,representatives the report described in
 subparagraph 7,a74  7#g7 ,rights-of-way
 ,during the pendency of the pilot      
program1 the ,secretary shall continue  
to issue rights-of-way1 in compliance   
with authority in effect on the date of 
enactment of this ,act1 for available   
sites not selected for the pilot        
program4  7b7 ,secretarial determination
  7#a7 ,in general ,not later than #b   
years after the date of enactment of    
this ,act1 the ,secretaries shall make a
 joint determination on whether to      
establish a leasing program under this  
section for wind or solar energy1 or    
both1 on all covered land4  7#b7 ,system

 ,if the ,secretaries determine that a  
leasing program should be established1  
the program shall apply to all covered  
land in accordance with this ,act and   
other provisions of law applicable to   
public land or ,national ,forest ,system
 land4  7#c7 ,establishment ,the        
,secretaries shall establish a leasing  
program unless the ,secretaries         
determine that the program--  7,a7 is   
not in the public interest2 and  7,b7   
does not provide an effective means of  
developing wind or solar energy4  7#d7  
,consultation ,in making the            
determinations required under this      
subsection1 the ,secretaries shall      
consult with--  7,a7 the heads of other 
relevant ,federal agencies2  7,b7       
interested ,states1 ,indian tribes1 and 
local governments2  7,c7 representatives
 of the solar and wind industries2  7,d7
 representatives of the environment1    
conservation1 and outdoor sporting      
communities2  7,e7 other users of the   
covered land2 and  7,f7 the public4     

7#e7 ,considerations ,in making the     
determinations required under this      
subsection1 the ,secretaries shall      
consider the results of the pilot       
program4  7#f7 ,regulations ,not later  
than #a year after the date on which any
 determination is made to establish a   
leasing program1 the ,secretaries shall 
jointly promulgate final regulations to 
implement the program4  7#g7 ,report ,if
 the ,secretaries determine that a      
leasing program should not be           
established1 not later than #fj days    
after the date of the determination1 the
 ,secretaries shall jointly 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 basis and findings for   
the determination4  7c7 ,transition     
7#a7 ,in general ,if the ,secretaries   
determine under subsection 7b7 that a   
leasing program should be established   
for covered land1 until the program is  

established and final regulations for   
the program are issued--  7,a7 the      
,secretary shall continue to accept     
applications for rights-of-way on       
covered land1 and provide for the       
issuance of rights-of-way on covered    
land within the jurisdiction of the     
,secretary for the development of wind  
or solar energy pursuant to each        
requirement described in title ,v of the
 ,federal ,land ,policy and ,management 
,act of #aigf 7#dc ,u4,s4,c4 #agfa et   
seq47 and other applicable law2 and     
7,b7 the ,secretary of ,agriculture     
shall continue to accept applications   
for authorizations1 and provide for the 
issuance of the authorizations1 for the 
development of wind or solar energy on  
covered land within the jurisdiction of 
the ,secretary pursuant to applicable   
law4  7#b7 ,existing rights-of-way and  
authorizations  7,a7 ,in general        
,effective beginning on the date on     
which the wind or solar leasing programs
 are established and final regulations  

are issued1 the ,secretaries shall not  
renew an existing right-of-way or other 
authorization for wind or solar energy  
development at the end of the term of   
the right-of-way or authorization4  7,b7
 ,lease  7i7 ,in general ,subject to    
clause 7ii71 at the end of the term of  
the right-of-way or other authorization 
for the wind or solar energy project1   
the ,secretary or1 in the case of       
,national ,forest ,system land1 the     
,secretary of ,agriculture1 shall grant1
 without a competitive process1 a lease 
to the holder of the right-of-way or    
other authorization for the same covered
 land as was authorized under the       
right-of-way or other authorization if  
7as determined by the ,secretary        
concerned7--  7,i7 the holder of the    
right-of-way or other authorization has 
met the requirements of diligent        
development2 and  7,,ii7 issuance of the
 lease is in the public interest and    
consistent with applicable law4  7ii7   
,terms and conditions ,any lease        

described in clause 7i7 shall be subject
 to--  7,i7 terms and conditions that   
are consistent with this ,act and the   
regulations issued under this ,act2 and 
7,,ii7 the regulations in effect on the 
date of renewal and any other terms and 
conditions that the ,secretary considers
 necessary to protect the public        
interest4  7#c7 ,pending rights-of-way  
,effective beginning on the date on     
which the wind or solar leasing programs
 are established and final regulations  
for the programs are issued1 the        
,secretary or1 with respect to ,national
 ,forest ,system land1 the ,secretary of
 ,agriculture shall provide any         
applicant that has filed a plan of      
development for a right-of-way or1 in   
the case of ,national ,forest ,system   
land1 for an applicable authorization1  
for a wind or solar energy project with 
an option to acquire a lease on a       
noncompetitive basis1 under such terms  
and conditions as are required by this  
,act1 applicable regulations1 and the   

,secretary concerned1 for the same      
covered land included in the plan of    
development if--  7,a7 the plan of      
development has been determined by the  
,secretary concerned to be adequate for 
the initiation of environmental review2 
7,b7 granting the lease is consistent   
with all applicable land use planning1  
environmental1 and other laws2  7,c7 the
 applicant has made a good faith effort 
to obtain a right-of-way or1 in the case
 of ,national ,forest ,system land1     
other authorization1 for the project2   
and  7,d7 issuance of the lease is in   
the public interest4  7d7 ,leasing      
program ,if the ,secretaries determine  
under subsection 7b7 that a leasing     
program should be established1 the      
program shall be established in         
accordance with subsections 7e7 through 
7k74  7e7 ,competitive leases  7#a7 ,in 
general ,except as provided in paragraph
 7#b71 leases for wind or solar energy  
development under this section shall be 
issued on a competitive basis with a    

single round of bidding in any lease    
sale4  7#b7 ,exceptions ,paragraph 7#a7 
shall not apply if the ,secretary or1   
with respect to ,national ,forest       
,system land1 the ,secretary of         
,agriculture determines that--  7,a7 no 
competitive interest exists for the     
covered land2  7,b7 the public interest 
would not be served by the competitive  
issuance of a lease2  7,c7 the lease is 
for the placement and operation of a    
meteorological or data collection       
facility or for the development or      
demonstration of a new wind or solar    
technology and has a term of not more   
than #e years2 or  7,d7 the covered land
 is eligible to be granted a            
noncompetitive lease under subsection   
7c74  7f7 ,payments  7#a7 ,in general   
,the ,secretaries shall jointly         
establish--  7,a7 fees1 rentals1        
bonuses1 or other payments to ensure a  
fair return to the ,united ,states for  
any lease issued under this section2 and
  7,b7 royalties pursuant to section    

#bje that apply to all leases issued    
under this section4  7#b7 ,bonus bids   
,the ,secretaries may grant credit      
toward any bonus bid for a qualified    
expenditure by the holder of a lease    
described in subsection 7e77#b77;,c7 in 
any competitive lease sale held for a   
long-term lease covering the same land  
covered by the lease described in       
subsection 7e77#b77;,c74  7g7           
,qualifications ,prior to any lease     
sale1 the ,secretary shall establish    
qualifications for bidders that ensure  
bidders meet the requirements described 
in subsection 7a77#c74  7h7             
,requirements ,the ,secretaries shall   
ensure that any activity under a leasing
 program is carried out in a manner     
that--  7#a7 is consistent with all     
applicable land use planning1           
environmental1 and other laws2 and  7#b7
 provides for--  7,a7 safety2  7,b7     
protection of the environment and fish  
and wildlife habitat2  7,c7 mitigation  
of impacts2  7,d7 prevention of waste2  

7,e7 diligent development of the        
resource1 with specific milestones to be
 met by the lessee as determined by the 
,secretaries2  7,f7 coordination with   
applicable ,federal agencies2  7,g7 a   
fair return to the ,united ,states for  
any lease2  7,h7 use of best management 
practices1 including planning and       
practices for mitigation of impacts2    
7,i7 public notice and comment on any   
proposal submitted for a lease under    
this section2  7,j7 oversight1          
inspection1 research1 monitoring1 and   
enforcement relating to a lease under   
this section2  7,k7 the quantity of     
acreage to be commensurate with the size
 of the project covered by a lease2 and 
7,l7 efficient use of water resources4  
7i7 ,lease duration1 suspension1 and    
cancellation  7#a7 ,duration ,a lease   
under this section shall be for--  7,a7 
an initial term of #be years2 and  7,b7 
any additional period after the initial 
term during which electricity is being  
produced annually in commercial         

quantities from the lease4  7#b7        
,administration ,the ,secretary shall   
establish terms and conditions for the  
issuance1 transfer1 renewal1 suspension1
 and cancellation of a lease under this 
section4  7#c7 ,readjustment  7,a7 ,in  
general ,royalties1 rentals1 and other  
terms and conditions of a lease under   
this section shall be subject to        
readjustment--  7i7 on the date that is 
#ae years after the date on which the   
lease is issued2 and  7ii7 every #aj    
years thereafter4  7,b7 ,lease ,each    
lease issued under this ,act shall      
provide for readjustment in accordance  
with subparagraph 7,a74  7j7            
,surface-,disturbing activities ,the    
,secretaries shall--  7#a7 regulate all 
surface-disturbing activities conducted 
pursuant to any lease issued under this 
section2 and  7#b7 require any necessary
 reclamation and other actions under the
 lease as are required in the interest  
of conservation of surface resources4   
7k7 ,security ,the ,secretaries shall   

require the holder of a lease issued    
under this section--  7#a7 to furnish a 
surety bond or other form of security1  
as prescribed by the ,secretaries2  7#b7
 to provide for the reclamation and     
restoration of the area covered by the  
lease2 and  7#c7 to comply with such    
other requirements as the ,secretaries  
consider necessary to protect the       
interests of the public and the ,united 
,states4  7l7 ,periodic review ,not less
 frequently than once every #e years1   
the ,secretary shall conduct a review of
 the adequacy of the surety bond or     
other form of security provided by the  
holder of a lease issued under this     
section4  #bjd4 ,disposition of revenues
  7a7 ,disposition of revenues ,of the  
amounts collected as bonus bids1        
royalties1 rentals1 fees1 or other      
payments under a right-of-way1 permit1  
lease1 or other authorization for the   
development of wind or solar energy on  
covered land--  7#a7 #be percent shall  
be paid by the ,secretary of the        

,treasury to the ,state within the      
boundaries of which the income is       
derived2  7#b7 #be percent shall be paid
 by the ,secretary of the ,treasury to  
the #a or more counties within the      
boundaries of which the income is       
derived2  7#c7 #ae percent shall--  7,a7
 for the period beginning on the date of
 enactment of this ,act and ending on   
date the date that is #ae years after   
the date of enactment of this ,act1 be  
deposited in the ,treasury of the       
,united ,states to help facilitate the  
processing of renewable energy permits  
by the ,bureau of ,land ,management1    
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   
land2 and  7,b7 beginning on the date   
that is #ae years after the date of     
enactment of this ,act1 be deposited in 
the ,fund2 and  7#d7 #ce percent shall  
be deposited in the ,renewable ,energy  

,resource ,conservation ,fund           
established by subsection 7c74  7b7     
,payments to ,states and counties  7#a7 
,in general ,except as provided in      
paragraph 7#b71 amounts paid to ,states 
and counties under subsection 7a7 shall 
be used consistent with section #ce of  
the ,mineral ,leasing ,act 7#cj         
,u4,s4,c4 #aia74  7#b7 ,impacts on      
,federal land ,not less than #cc percent
 of the amount paid to a ,state shall be
 used on an annual basis for the        
purposes described in subsection        
7c77#b77;,a74  7c7 ,renewable energy    
resource conservation fund  7#a7 ,in    
general ,there is established in the    
,treasury a fund1 to be known as the    
,renewable ,energy ,resource            
,conservation ,fund1 to be administered 
by the ,secretary for use in regions    
impacted by the development of wind or  
solar energy4  7#b7 ,use  7,a7 ,in      
general ,amounts in the ,fund shall be  
available to the ,secretary1 who may    
make amounts available to the ,secretary

 of ,agriculture and to other ,federal  
or ,state agencies1 as appropriate1 for 
the purposes of--  7i7 addressing and   
offsetting the impacts of wind or solar 
development on ,federal land1 including 
restoring and protecting--  7,i7 fish   
and wildlife habitat for affected       
species2  7,,ii7 fish and wildlife      
corridors for affected species2 and     
7,,iii7 water resources in areas        
impacted by wind or solar energy        
development2  7ii7 securing recreational
 access to ,federal land through an     
easement1 right-of-way1 or fee title    
acquisition from willing sellers for the
 purpose of providing enhanced public   
access to existing ,federal land that is
 inaccessible or significantly          
restricted2 and  7iii7 carrying out     
activities authorized under the ,land   
and ,water ,conservation ,fund ,act of  
#aife 7#af ,u4,s4,c4 #dfjl-#d et seq47  
in the ,state4  7,b7 ,advisory ,board   
,the ,secretary shall establish an      
independent advisory board composed of  

key stakeholders and technical experts  
to provide recommendations and guidance 
on the disposition of any amounts       
expended from the ,fund4  7#c7          
,mitigation requirements ,the           
expenditure of funds under this         
subsection shall be in addition to any  
mitigation requirements imposed pursuant
 to any law1 regulation1 or term or     
condition of any lease1 right-of-way1 or
 other authorization4  7#d7 ,investment 
of fund  7,a7 ,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       
maturities4  7,b7 ,use ,any interest    
earned under subparagraph 7,a7 may be   
expended in accordance with this        
subsection4  #bje4 ,royalties  7a7 ,in  
general ,the ,secretaries shall require 
as a term and condition of any lease1   
right-of-way1 permit1 or other          

authorization for the development of    
wind or solar energy on covered land the
 payment of a royalty established by the
 ,secretaries pursuant to a joint       
rulemaking that shall be a percentage of
 the gross proceeds from the sale of    
electricity at a rate that--  7#a7      
encourages production of solar or wind  
energy2  7#b7 ensures a fair return to  
the public comparable to the return that
 would be obtained on ,state and private
 land2 and  7#c7 encourages the maximum 
energy generation while disturbing the  
least quantity of covered land and other
 natural resources1 including water4    
7b7 ,amount ,the royalty on electricity 
produced using wind or solar resources  
shall be--  7#a7 not less than #a       
percent1 and not more than #b4e percent1
 of the gross proceeds from the sale of 
electricity produced from the resources 
during the first #aj years of           
production2 and  7#b7 not less than #b  
percent1 and not more than #e percent1  
of the gross proceeds from the sale of  

electricity produced from the resources 
during each year after that initial     
#aj-year period4  7c7 ,different royalty
 rates ,the ,secretaries may establish--
  7#a7 a different royalty rate for wind
 or solar energy generation2 and  7#b7 a
 reduced royalty rate for projects      
located within a zone identified for    
development of solar or wind energy4    
7d7 ,royalty in lieu of rent ,during the
 period of production1 a royalty shall  
be collected in lieu of any rent for the
 land from which the electricity is     
produced4  7e7 ,royalty relief ,to      
promote the generation of renewable     
energy1 the ,secretaries may reduce any 
royalty otherwise required on a showing 
by clear and convincing evidence by the 
person holding a lease1 right-of-way1   
permit1 or other authorization for the  
development of wind or solar energy on  
covered land under which the generation 
of energy is or will be produced in     
commercial quantities that--  7#a7      
collection of the full royalty would    

unreasonably burden energy generation2  
and  7#b7 the royalty reduction is in   
the public interest4  7f7 ,periodic     
review and report  7#a7 ,in general ,not
 later than #e years after the date of  
enactment of this ,act and every #e     
years thereafter1 the ,secretary1 in    
consultation with the ,secretary of     
,agriculture1 shall--  7,a7 complete a  
review of collections and impacts of the
 royalty and fees provided under this   
,act2 and  7,b7 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
 results of the review4  7#b7 ,topics   
,the report shall address--  7,a7 the   
total revenues received 7by category7 on
 an annual basis as royalties from wind1
 solar1 and geothermal development and  
production 7specified by energy source7 
on covered land2  7,b7 whether the      
revenues received for the development of
 wind1 solar1 and geothermal development

 are comparable to the revenues received
 for similar development on ,state and  
private land2  7,c7 any impact on the   
development of wind1 solar1 and         
geothermal development and production on
 covered land as a result of the        
royalties2 and  7,d7 any recommendations
 with respect to changes in ,federal law
 7including regulations7 relating to the
 amount or method of collection         
7including auditing1 compliance1 and    
enforcement7 of the royalties4  7g7     
,regulations ,not later than #a year    
after the date of enactment of this     
,act1 the ,secretaries shall jointly    
issue final regulations to carry out    
this section4  #bjf4 ,enforcement of    
royalty and payment provisions  7a7     
,duties of the ,secretary ,the          
,secretary shall establish a            
comprehensive inspection1 collection1   
fiscal1 and production accounting and   
auditing system--  7#a7 to accurately   
determine royalties1 rentals1 interest1 
fines1 penalties1 fees1 deposits1 and   

other payments owed under this ,act2 and
  7#b7 to collect and account for the   
payments in a timely manner4  7b7       
,applicability of other law ,the        
,federal ,oil and ,gas ,royalty         
,management ,act of #aihb 7#cj ,u4,s4,c4
 #agja et seq47 7including the civil and
 criminal enforcement provisions of that
 ,act7 shall apply to leases1 permits1  
rights-of-way1 or other authorizations  
issued for the development of solar or  
wind energy on covered land and the     
holders and operators of the leases1    
permits1 rights-of-way1 or other        
authorizations 7and designees7 under    
this title1 except that in applying that
 ,act--  7#a7 8wind or solar leases1    
permits1 rights-of-way1 or other        
authorizations0 shall be substituted for
 oil and gas leases2  7#b7 8electricity 
generated from wind or solar resources0 
shall be substituted for oil and gas    
7when used as nouns72  7#c7 8lease1     
permit1 right-of-way1 or other          
authorization for the development of    

wind or solar energy0 shall be          
substituted for lease and lease for oil 
and gas 7when used as nouns72 and  7#d7 
8lessee1 permittee1 right-of-way holder1
 or holder of an authorization for the  
development of wind or solar energy0    
shall be substituted for lessee4  #bjg4 
,enforcement  7a7 ,in general ,sections 
#cjb7;c7 and #cjc of the ,federal ,land 
,policy and ,management ,act of #aigf   
7#dc ,u4,s4,c4 #agcb7;c71 #agcc7 shall  
apply to activities conducted on covered
 land under this title4  7b7            
,applicability of other enforcement     
provisions ,nothing in this title       
reduces or limits the enforcement       
authority vested in the ,secretary or   
the ,attorney ,general by any other law4
  #bjh4 ,segregation from appropriation 
under mining and ,federal land laws  7a7
 ,in general ,on covered land identified
 by the ,secretary or the ,secretary of 
,agriculture for the development of     
solar or wind power under this title or 
other applicable law1 the ,secretary or 

the ,secretary of ,agriculture may      
temporarily segregate the identified    
land from appropriation under the mining
 and public land laws4  7b7             
,administration ,segregation of covered 
land under this section--  7#a7 may only
 be made for a period not to exceed #aj 
years2 and  7#b7 shall be subject to    
valid existing rights as of the date of 
the segregation4  #bji4 ,report  7a7    
,study  7#a7 ,in general ,not later than
 #ahj days after the date of enactment  
of this ,act1 the ,secretaries shall    
carry out a study on the siting1        
development1 and management of projects 
to determine the feasibility of carrying
 out a conservation banking program on  
land administered by the ,secretaries4  
7#b7 ,contents ,the study under         
paragraph 7#a7 shall--  7,a7 identify   
areas in which--  7i7 privately owned   
land is not available to offset the     
impacts of solar or wind energy         
development on federally administered   
land2 or  7ii7 mitigation investments on

 federally administered land are likely 
to provide greater conservation value   
for impacts of solar or wind energy     
development on federally administered   
land2 and  7,b7 examine--  7i7 the      
effectiveness of laws 7including        
regulations7 and policies in effect on  
the date of enactment of this ,act in   
facilitating the development of         
conservation banks2  7ii7 the advantages
 and disadvantages of using conservation
 banks on ,federal land to mitigate     
impacts to natural resources on private 
land2 and  7iii7 any changes in ,federal
 law 7including regulations7 or policy  
necessary to further develop a ,federal 
conservation banking program4  7b7      
,report to ,congress ,not later than #ah
 months after the date of enactment of  
this ,act1 the ,secretaries shall       
jointly submit to ,congress a report    
that includes--  7#a7 the               
recommendations of the ,secretaries     
relating to--  7,a7 the most effective  
system for ,federal land described in   

subsection 7a77#b77;,a7 to meet the     
goals of facilitating the development of
 a conservation banking program on      
,federal land2 and  7,b7 any change to  
,federal law 7including regulations7 or 
policy necessary to address more        
effectively the siting1 development1 and
 management of conservation banking     
programs on ,federal land to mitigate   
impacts to natural resources on private 
land2 and  7#b7 any administrative      
action to be taken by the ,secretaries  
in response to the recommendations4  7c7
 ,availability to the public ,not later 
than #cj days after the date on which   
the report described in subsection 7b7  
is submitted to ,congress1 the          
,secretaries shall make the results of  
the study available to the public4      
#baj4 ,applicability of law  7a7 ,rental
 fee exemption ,wind or solar generation
 projects with a capacity of #bj        
megawatts or more that are issued a     
lease1 right-of-way1 permit1 or other   
authorization under applicable law shall

 not be subject to the rental fee       
exemption for rights-of-way under       
section #ejd7;g7 of the ,federal ,land  
,policy and ,management ,act of #aigf   
7#dc ,u4,s4,c4 #agfd7;g774  7b7 ,fees1  
charges1 and commissions ,section #cjd  
of the ,federal ,land ,policy and       
,management ,act of #aigf 7#dc ,u4,s4,c4
 #agcd7 shall apply to an application   
made under section #bjc4