,,ib ,union ,calendar ,no4 #efa #aafth ,,congress #b;d ,session ,h4 ,r4 #cgid ,report ,no4 #aaf-fgg1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,july #ag1 #bjai,mr4 ,gosar 7for himself1 ,mr4 ,levin of ,california1 ,mr4 ,la,malfa1 ,mr4 ,lowenthal1 ,mr4 ,huffman1 ,mr4 ,tipton1 ,mr4 ,amodei1 ,mr4 ,beyer1 ,mr4 ,biggs1 ,mr4 ,bishop of ,utah1 ,mr4 ,cartwright1 ,ms4 ,del,bene1 ,mrs4 ,dingell1 ,mr4 ,gaetz1 ,ms4 ,haaland1 ,mr4 ,lujn1 ,mr4 ,newhouse1 ,mr4 ,schweikert1 ,mr4 ,simpson1 ,mr4 ,stauber1 ,mr4 ,stewart1 ,mr4 ,young1 ,mr4 ,cook1 ,mr4 ,marshall1 and ,mr4 ,gianforte7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,december #ah1 #bjbj;,additional sponsors3 ,mr4 ,case1 ,ms4 ,matsui1 ,mr4 ,thompson of ,california1 ,mr4 ,van ,drew1 ,ms4 ,torres ,small of ,new ,mexico1 ,mr4 ,kildee1 ,ms4 ,titus1 ,mr4 ,westerman1 ,mr4 ,ruiz1 ,mrs4 ,lesko1 ,mr4 ,watkins1 ,ms4 ,de,gette1 ,mr4 ,neal1 ,mr4 ,perlmutter1 ,mr4 ,bacon1 ,ms4 ,slotkin1 ,mrs4 ,torres of ,california1 ,mr4 ,blumenauer1 ,mr4 ,foster1 ,mr4 ,kilmer1 ,mr4 ,rouda1 ,mr4 ,quigley1 ,mr4 ,krishnamoorthi1 ,ms4 ,pingree1 ,mr4 ,peters1 ,mr4 ,lamborn1 ,ms4 ,brownley of ,california1 ,mr4 ,kennedy1 ,mr4 ,kind1 ,mr4 ,khanna1 ,mr4 ,kim1 ,mr4 ,cox of ,california1 ,mr4 ,keating1 ,mr4 ,crow1 ,mr4 ,rutherford1 ,mr4 ,cooper1 ,mr4 ,mc,adams1 ,mr4 ,cunningham1 ,mr4 ,sablan1 ,mr4 ,mc,eachin1 ,mr4 ,costa1 ,mr4 ,sires1 ,mr4 ,posey1 ,mr4 ,katko1 ,mrs4 ,napolitano1 and ,mrs4 ,beatty ,december #ah1 #bjbj,reported from the ,committee on ,natural ,resources with an amendment,strike out all after the enacting clause and insert the part printed in italic ,december #ah1 #bjbj;,committee on ,agriculture discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,july #ag1 #bjai ,a ,,bill ,to promote the development of renewable energy on public lands1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,land ,renewable ,energy ,development ,act of #bjai4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,definitions4,sec4 #d4 ,land use planning2 supplements to programmatic environmental impact statements4,sec4 #e4 ,environmental review on covered land4,sec4 #f4 ,program to improve renewable energy project permit coordination4,sec4 #g4 ,increasing economic certainty4,sec4 #h4 ,limited grandfathering4,sec4 #i4 ,renewable energy goal4,sec4 #aj4 ,disposition of revenues4,sec4 #aa4 ,promoting and enhancing development of geothermal energy4,sec4 #ab4 ,facilitation of coproduction of geothermal energy on oil and gas leases4,sec4 #ac4 ,noncompetitive leasing of adjoining areas for development of geothermal resources4,sec4 #ad4 ,savings clause4 #c4 ,definitions ,in this ,act3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 public lands 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 lands4 7#d7 ,fund ,the term ,fund means the ,renewable ,energy ,resource ,conservation ,fund established by section #aj7;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 project1 including a designated leasing area 7as defined in section #bhja4e7;b7 of title #dc1 ,code of ,federal ,regulations 7or a successor regulation77 that is identified under the rule of the ,bureau of ,land ,management entitled ,competitive ,processes1 ,terms1 and ,conditions for ,leasing ,public ,lands for ,solar and ,wind ,energy ,development and ,technical ,changes and ,corrections 7#ha ,fed4 ,reg4 #ibabb 7,december #ai1 #bjaf77 7or a successor regulation74 7#f7 ,public lands ,the term public lands has the meaning given that term 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 7,b7 not a priority area2 and 7,c7 identified by the ,secretary as potentially available for renewable energy development and could be approved without a plan amendment1 consistent with the principles of multiple use 7as that term is defined in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq4774 #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 ,projects located in those priority areas shall be given the highest priority for review1 and shall be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas4 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 the enactment of this ,act4 7,b7 ,solar energy ,for solar energy1 solar ,designated ,leasing ,areas1 including the solar energy zones established by the #bjab western solar plan of the ,bureau of ,land ,management and any subsequent land use plan amendments1 shall be considered to be priority areas for solar energy projects4 ,the ,secretary shall establish additional solar priority areas as soon as practicable1 but not later than #c years1 after the date of the enactment of this ,act4 7,c7 ,wind energy ,for wind energy1 the ,secretary shall establish additional wind priority areas as soon as practicable1 but not later than #c years1 after the date of the 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 than once every #e 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 ,states and incorporating any additional regional analyses that have been completed by ,federal agencies since the programmatic environmental impact statement was finalized2 7#b7 for solar energy1 by supplementing the ,july #bjab final programmatic environmental impact statement for solar energy development and incorporating any additional regional analyses that have been completed by ,federal agencies since the programmatic environmental impact statement was finalized2 and 7#c7 for wind energy1 by supplementing the ,july #bjje final programmatic environmental impact statement for wind energy development and incorporating any additional regional analyses that have been completed by ,federal agencies since the programmatic environmental impact statement was finalized4 7e7 ,no effect on processing applications ,any requirements to prepare a supplement to a programmatic environmental impact statement under this section shall not result in any delay in processing a pending 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 existing and_/or planned transmission lines72 7#b7 likely to avoid or minimize impacts to habitat for animals and plants1 recreation1 cultural resources1 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 #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 ,the ,secretary shall publish any such project determinations on a publicly available website4 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 national ,renewable ,energy ,coordination ,office and ,state1 district1 or field offices with responsibility to establish and implement a program to improve ,federal permit coordination with respect to renewable energy projects on covered land and other activities deemed necessary by the ,secretary4 ,in carrying out the program1 the ,secretary may temporarily assign qualified staff to ,renewable ,energy ,coordination ,offices to expedite the permitting of renewable energy projects4 7b7 ,memorandum of understanding 7#a7 ,in general ,not later than #ahj days after the date of the 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 area or a priority area1 with the ,secretary of ,defense and the ,secretary of ,agriculture4 7#b7 ,state and ,tribal participation ,the ,secretary may request the ,governor of any interested ,state or any ,tribal leader of any interested ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 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 one or more employees who have 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 the ,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 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,e7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 7,f7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,g7 implementation of the requirements of section #cjfajh of title #ed1 ,united ,states ,code 7formerly known as section #ajf of the ,national ,historic ,preservation ,act72 7,h7 planning under section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a72 7,i7 the ,bald and ,golden ,eagle ,protection ,act 7#af ,u4,s4,c4 #ffh-ffh;d72 and 7,j7 section #ajjaja7;a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec and #ajbaja of title #ed 1 ,united ,states ,code 7previously known as the ,national ,park ,service ,organic ,act74 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 offices 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 ,clarification of existing authority ,under section #cjg of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcg71 the ,bureau of ,land ,management may-- 7#a7 accept donations for the purposes of public lands management2 and 7#b7 accept donations from renewable energy companies working on public lands to help cover the costs of environmental reviews4 7f7 ,report to ,congress 7#a7 ,in general ,not later than ,february #a of the first fiscal year beginning after the date of the 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 ,increasing economic certainty 7a7 ,considerations ,the ,secretary is authorized to and shall consider acreage rental rates1 capacity fees1 and other recurring annual fees in total when evaluating existing rates paid for the use of ,federal land by renewable energy projects4 7b7 ,increases in base rental rates ,once a base rental rate is established upon the issuance of a right-of-way authorization1 increases in the base rent shall be limited to the ,implicit ,price ,deflator-,gross ,domestic ,product 7,,ipd-,,gdp7 index for the entire term of the right-of-way authorization4 7c7 ,reductions in base rental rates ,the ,secretary is authorized to reduce acreage rental rates and capacity fees1 or both1 for existing and new wind and solar authorizations if the ,secretary determines-- 7#a7 that the existing rates-- 7,a7 exceed fair market value2 7,b7 impose economic hardships2 7,c7 limit commercial interest in a competitive lease sale or right-of-way grant2 or 7,d7 are not competitively priced compared to other available land2 or 7#b7 that a reduced rental rate or capacity fee is necessary to promote the greatest use of wind and solar energy resources1 especially those resources inside priority areas4 ,rental rates and capacity fees for projects that are within the boundaries of a ,designated ,leasing ,area but not formally recognized as being in such an area shall be equivalent to rents and fees for new leases inside of a ,designated ,leasing ,area4 #h4 ,limited grandfathering 7a7 ,definition of project ,in this section1 the term project means a system described in section #bhja4i7;a77#d7 of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7b7 ,requirement ,to pay rents and fees ,unless otherwise agreed to by the owner of a project1 the owner of a project that applied for a right-of-way under section #eja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa7 on or before ,december #ai1 #bjaf1 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 ,processes1 ,terms1 and ,conditions for ,leasing ,public ,lands for ,solar and ,wind ,energy ,development and ,technical ,changes and ,corrections 7#ha ,fed4 ,reg4 #ibabb 7,december #ai1 #bjaf774 #i4 ,renewable energy goal ,the ,secretary and the ,secretary of ,agriculture shall seek to issue permits that1 in total1 authorize production of not less than #be gigawatts of electricity from wind1 solar1 and geothermal energy projects by not later than #bjbe1 through management of public lands and administration of ,federal laws4 #aj4 ,disposition of revenues 7a7 ,disposition of revenues ,beginning on ,january #a1 #bjbj1 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 or ,national ,forest ,system land1 the following shall be made available without further appropriation or fiscal year limitation as follows3 7#a7 ,twenty-five percent shall be paid by the ,secretary of the ,treasury to the ,state within the boundaries of which the revenue is derived4 7#b7 ,twenty-five 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 derived4 7#c7 ,fifteen percent shall be deposited in the ,treasury and be made available to the ,secretary to carry out the program established under this ,act1 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 practicable without detrimental impacts to emerging markets1 to expediting the issuance of permits required for the development of renewable energy projects in the ,states from which the revenues are derived4 7#d7 ,twenty-five percent shall be deposited in the ,renewable ,energy ,resource ,conservation ,fund established by subsection 7c74 7#e7 ,the remainder shall be deposited into the general fund of the ,treasury for purposes of reducing the annual ,federal budget deficit4 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 fund to be known as the ,renewable ,energy ,resource ,conservation ,fund1 which shall be administered by the ,secretary1 in consultation with the ,secretary of ,agriculture4 7#b7 ,use of funds ,the ,secretary may make amounts in the ,fund available to ,federal1 ,state1 local1 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 wetlands1 streams1 rivers1 and other natural water bodies 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 restricted4 7#c7 ,restriction on use of funds ,no funds made available under this subsection may be used for the purchase of real property unless in fulfillment of paragraph 7#b77;,b74 7#d7 ,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#e7 ,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#f7 ,report to ,congress ,at the end of each fiscal year1 the ,secretary shall report to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate-- 7,a7 the amount collected as described in subsection 7a71 by source1 during that fiscal year2 7,b7 the amount and purpose of payments during that fiscal year to each ,federal1 ,state1 local1 and ,tribal agency under paragraph 7#b72 and 7,c7 the amount remaining in the ,fund at the end of the fiscal year4 7#g7 ,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 #aa4 ,promoting and enhancing development of geothermal energy 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 #bjai 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 #ab4 ,facilitation of coproduction of geothermal energy on oil and gas leases ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is amended by adding at the end the following3 7#d7 ,land subject to oil and gas lease ,land under an oil and gas lease issued pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under subsection 7c7 by the holder of the oil and gas lease-- 7,a7 on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas2 and 7,b7 in order to provide for the coproduction of geothermal energy with oil and gas4 4 #ac4 ,noncompetitive leasing of adjoining areas for development of geothermal resources ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is further amended by adding at the end the following3 7#e7 ,adjoining land 7,a7 ,definitions ,in this paragraph3 7i7 ,fair market value per acre ,the term fair market value per acre means a dollar amount per acre that-- 7,i7 except as provided in this clause1 shall be equal to the market value per acre 7taking into account the determination under subparagraph 7,b77iii7 regarding a valid discovery on the adjoining land7 as determined by the ,secretary under regulations issued under this paragraph2 7,,ii7 shall be determined by the ,secretary with respect to a lease under this paragraph1 by not later than the end of the #ahj-;day period beginning on the date the ,secretary receives an application for the lease2 and 7,,iii7 shall be not less than the greater of-- 7aa7 #d times the median amount paid per acre for all land leased under this ,act during the preceding year2 or 7bb7 #ej4 7ii7 ,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 resources1 as determined through flow or injection testing or measurement of lost circulation while drilling4 7iii7 ,qualified ,federal land ,the term qualified ,federal land means land that is otherwise available for leasing under this ,act4 7iv7 ,qualified geothermal professional ,the term qualified geothermal professional means an individual who is an engineer or geoscientist in good professional standing with at least #e years of experience in geothermal exploration1 development1 or project assessment4 7v7 ,qualified lessee ,the term qualified lessee means a person who may hold a geothermal lease under this ,act 7including applicable regulations74 7vi7 ,valid discovery ,the term valid discovery means a discovery of a geothermal resource by a new or existing slim hole or production well1 that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards4 7,b7 ,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 acre1 if-- 7i7 the area of qualified ,federal land-- 7,i7 consists of not less than #a acre and not more than #fdj acres2 and 7,,ii7 is not already leased under this ,act or nominated to be leased under subsection 7a72 7ii7 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 7iii77,i72 and 7iii7 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-- 7,i7 there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources2 and 7,,ii7 that geothermal feature extends into the adjoining areas4 7,c7 ,determination of fair market value 7i7 ,in general ,the ,secretary shall-- 7,i7 publish a notice of any request to lease land under this paragraph2 7,,ii7 determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the ,secretary2 7,,iii7 provide to a qualified lessee and publish1 with an opportunity for public comment for a period of #cj days1 any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph2 and 7,,iv7 provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable ,federal land management agency1 in accordance with applicable law 7including regulations74 7ii7 ,limitation on nomination ,after publication of a notice of request to lease land under this paragraph1 the ,secretary may not accept under subsection 7a7 any nomination of the land for leasing unless the request has been denied or withdrawn4 7iii7 ,annual rental ,for purposes of section #e7;a77#c71 a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale4 7,d7 ,regulations ,not later than #bgj days after the date of the enactment of this paragraph1 the ,secretary shall issue regulations to carry out this paragraph4 4 #ad4 ,savings clause ,notwithstanding any other provision of this ,act1 the ,secretary shall continue to manage public lands 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 ,december #ah1 #bjbj,reported from the ,committee on ,natural ,resources with an amendment,december #ah1 #bjbj;,committee on ,agriculture discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed