,,ii #aaeth ,,congress #ast ,session ,s4 #bhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #b1 #bjag ,mr4 ,heller 7for himself1 ,mr4 ,heinrich1 ,mr4 ,gardner1 ,mr4 ,tester1 ,mr4 ,risch1 ,mr4 ,daines1 ,mr4 ,bennet1 and ,mr4 ,udall7 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 title ,this ,act may be cited as the ,public ,land ,renewable ,energy ,development ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 public land administered by the ,secretary2 and 7,b7 not excluded from the development of geothermal1 solar1 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 or 7ii7 other ,federal law4 7#b7 ,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 projects4 7#c7 ,federal land ,the term ,federal land means-- 7,a7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7772 or 7,b7 public land4 7#d7 ,fund ,the term ,fund means the ,renewable ,energy ,resource ,conservation ,fund established by section #g7;c77#a74 7#e7 ,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 project4 7#f7 ,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#g7 ,renewable energy project ,the term renewable energy project means a project carried out on covered land that uses wind1 solar1 or geothermal energy to generate energy4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,variance area ,the term variance area means covered land that is-- 7,a7 not an exclusion area2 and 7,b7 not a priority area4 #c4 ,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 #bjbb4 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 #bjag and each fiscal year thereafter1 amounts deposited under subsection 7a7 shall be available to the ,secretary of the ,interior for expenditure1 without further appropriation or fiscal year limitation1 to implement the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 and this ,act4 4 #d4 ,land use planning2 supplements to programmatic environmental impact statements 7a7 ,priority areas 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,energy1 shall establish priority areas on covered land for geothermal1 solar1 and wind energy projects4 7#b7 ,deadline 7,a7 ,geothermal energy ,for geothermal energy1 the ,secretary shall establish priority areas as soon as practicable1 but not later than #e years1 after the date of enactment of this ,act4 7,b7 ,solar energy ,for solar energy1 the solar energy zones established by the #bjab western solar plan of the ,bureau of ,land ,management and any subsequent land use plan amendments shall be considered to be priority areas for solar energy projects4 7,c7 ,wind energy ,for wind energy1 the ,secretary shall establish priority areas as soon as practicable1 but not later than #c years1 after the date of enactment of this ,act4 7b7 ,variance areas ,to the maximum extent practicable1 variance areas shall be considered for renewable energy project development1 consistent with the principles of multiple use 7as defined in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq4774 7c7 ,review and modification ,not less frequently than once every #aj years1 the ,secretary shall-- 7#a7 review the adequacy of land allocations for geothermal1 solar1 and wind energy priority and variance areas for the purpose of encouraging new renewable energy development opportunities2 and 7#b7 based on the review carried out under paragraph 7#a71 add1 modify1 or eliminate priority1 variance1 and exclusion areas4 7d7 ,compliance with the national environmental policy act ,for purposes of this section1 compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall be accomplished-- 7#a7 for geothermal energy1 by supplementing the ,october #bjjh final programmatic environmental impact statement for geothermal leasing in the western ,united ,states2 7#b7 for solar energy1 by supplementing the ,july #bjab final programmatic environmental impact statement for solar energy projects2 and 7#c7 for wind energy1 by supplementing the ,july #bjje final programmatic environmental impact statement for wind energy projects4 7e7 ,no effect on processing applications ,a requirement to prepare a supplement to a programmatic environmental impact statement under this section shall not result in any delay in processing an application for a renewable energy project4 7f7 ,coordination ,in developing a supplement required by this section1 the ,secretary shall coordinate1 on an ongoing basis1 with appropriate ,state1 tribal1 and local governments1 transmission infrastructure owners and operators1 developers1 and other appropriate entities to ensure that priority areas identified by the ,secretary are-- 7#a7 economically viable 7including having access to transmission72 7#b7 likely to avoid or minimize conflict with habitat for animals and plants1 recreation1 and other uses of covered land2 and 7#c7 consistent with section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab71 including subsection 7c77#i7 of that section 7#dc ,u4,s4,c4 #agab7;c77#i774 7g7 ,removal from classification ,in carrying out subsections 7a7 through 7e71 if the ,secretary determines an area previously suited for development should be removed from priority or variance classification1 not later than #ij days after the date of the determination1 the ,secretary shall submit to ,congress a report on the determination4 #e4 ,environmental review on covered land 7a7 ,in general ,if the ,secretary determines that a proposed renewable energy project has been sufficiently analyzed by a programmatic environmental impact statement conducted under section #d7;d71 the ,secretary shall not require any additional review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7b7 ,additional environmental review ,if the ,secretary determines that additional environmental review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is necessary for a proposed renewable energy project1 the ,secretary shall rely on the analysis in the programmatic environmental impact statement conducted under section #d7;d71 to the maximum extent practicable when analyzing the potential impacts of the project4 7c7 ,relationship to ,other ,law ,nothing in this section modifies or supersedes any requirement under applicable law4 #f4 ,program to improve renewable energy project permit coordination 7a7 ,establishment ,the ,secretary shall establish a program to improve ,federal permit coordination with respect to renewable energy projects on covered land4 7b7 ,memorandum of understanding 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall enter into a memorandum of understanding for purposes of this section1 including to specifically expedite the environmental analysis of applications for projects proposed in a variance area1 with-- 7,a7 the ,secretary of ,agriculture2 and 7,b7 the ,assistant ,secretary of the ,army for ,civil ,works4 7#b7 ,state participation ,the ,secretary may request the ,governor of any interested ,state to be a signatory to the memorandum of understanding under paragraph 7#a74 7c7 ,designation of ,qualified ,staff 7#a7 ,in general ,not later than #cj days after the date on which the memorandum of understanding under subsection 7b7 is executed1 all ,federal signatories1 as appropriate1 shall identify for each of the ,bureau of ,land ,management ,renewable ,energy ,coordination ,offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed1 including1 as applicable1 particular expertise in-- 7,a7 consultation regarding1 and preparation of1 biological opinions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 7,b7 permits under section #djd of ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd72 7,c7 regulatory matters under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,d7 planning under section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a72 7,e7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,f7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 and 7,g7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,duties ,each employee assigned under paragraph 7#a7 shall-- 7,a7 be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee2 and 7,b7 participate as part of the team of personnel working on proposed energy projects1 planning1 monitoring1 inspection1 enforcement1 and environmental analyses4 7d7 ,additional personnel ,the ,secretary may assign such additional personnel for the ,bureau of ,land ,management ,renewable ,energy ,coordination ,offices as are necessary to ensure the effective implementation of any programs administered by the offices1 including inspection and enforcement relating to renewable energy project development on covered land1 in accordance with the multiple use mandate of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7e7 ,renewable energy coordination offices ,in carrying out the program established under subsection 7a71 the ,secretary may-- 7#a7 establish additional ,bureau of ,land ,management ,renewable ,energy ,coordination ,offices2 or 7#b7 temporarily assign the qualified staff designated under subsection 7c7 to a ,state1 district1 or field office of the ,bureau of ,land ,management to expedite the permitting of renewable energy projects4 7f7 ,report to congress 7#a7 ,in general ,not later than ,february #a of the first fiscal year beginning after the date of enactment of this ,act1 and each ,february #a thereafter1 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 subsection 7a7 during the preceding year4 7#b7 ,inclusions ,each report under this subsection shall include-- 7,a7 projections for renewable energy production and capacity installations2 and 7,b7 a description of any problems relating to leasing1 permitting1 siting1 or production4 #g4 ,disposition of revenues 7a7 ,disposition of revenues ,beginning on ,january #a1 #bjag1 without further appropriation or fiscal year limitation1 of the amounts collected as bonus bids1 rentals1 fees1 or other payments under a right-of-way1 permit1 lease1 or other authorization 7other than under section #ejd7;g7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfd7;g777 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 revenue is derived2 7#b7 #be percent shall be paid by the ,secretary of the ,treasury to the one or more counties within the boundaries of which the revenue is derived1 to be allocated among the counties based on the percentage of land from which the revenue is derived2 7#c7 to be deposited in the ,treasury and be made available to the ,secretary to carry out the program established by section #f1 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 land1 with priority given to using the amounts1 to the maximum extent practicable1 to expediting the issuance of permits required for the development of renewable energy projects in the ,states from which the revenues are derived-- 7,a7 #be percent for each of fiscal years #bjaf through #bjbe2 7,b7 #bj percent for each of fiscal years #bjbf through #bjcj2 7,c7 #ae percent for each of fiscal years #bjca through #bjce2 and 7,d7 #aj percent for fiscal year #bjcf and each fiscal year thereafter2 and 7#d7 to be deposited in the ,renewable ,energy ,resource ,conservation ,fund established by subsection 7c7-- 7,a7 #be percent for each of fiscal years #bjaf through #bjbe2 7,b7 #cj percent for each of fiscal years #bjbf through #bjcj2 7,c7 #ce percent for each of fiscal years #bjca through #bjce2 and 7,d7 #dj percent for fiscal year #bjcf and each fiscal year thereafter4 7b7 ,payments to states and counties 7#a7 ,in general ,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 ,payments in lieu of taxes ,a payment to a county under paragraph 7#a7 shall be in addition to a payment in lieu of taxes received by the county under chapter #fi of title #ca1 ,united ,states ,code4 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 ,secretary1 in consultation with the ,secretary of ,agriculture4 7#b7 ,use of funds ,the ,secretary may make funds in the ,fund available to ,federal1 ,state1 and tribal agencies to be distributed in regions in which renewable energy projects are located on ,federal land1 for the purposes of-- 7,a7 restoring and protecting-- 7i7 fish and wildlife habitat for affected species2 7ii7 fish and wildlife corridors for affected species2 and 7iii7 water resources in areas affected by wind1 geothermal1 or solar energy development2 and 7,b7 preserving and improving recreational access to ,federal land and water in an affected region through an easement1 right-of-way1 or other instrument from willing landowners for the purpose of enhancing public access to existing ,federal land and water that is inaccessible or significantly restricted4 7#c7 ,partnerships ,the ,secretary may enter into cooperative agreements with ,state and tribal agencies1 nonprofit organizations1 and other appropriate entities to carry out the activities described in subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 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 7#e7 ,intent of congress ,it is the intent of ,congress that the revenues deposited and used in the ,fund shall supplement 7and not supplant7 annual appropriations for activities described in subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 #h4 ,savings clause ,notwithstanding any other provision of this ,act1 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 #aigf 7#dc ,u4,s4,c4 #agja et seq471 including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses1 for the purposes of land use planning1 permit processing1 and conducting environmental reviews4