Public Lands Renewable Energy Development Act of 2011 - Amends the Energy Policy Act of 2005 to require amounts received through FY2020 (currently, through FY2010) from leases under the Geothermal Steam Act of 1970 to be available to the Secretary of the Interior for implementing the Energy Policy Act of 2005, as well as the Geothermal Steam Act of 1970.
Requires the Secretary to: (1) complete and finalize the Programmatic Environmental Impact Statement (EIS) for Solar Energy Development in Six Southwestern States in accordance with the National Environmental Policy Act of 1969 (NEPA) to analyze the potential impacts of a program to develop solar energy on land administered by the Bureau of Land Management (BLM) and any necessary amendments to land use plans for such land, and (2) amend any land use plans to provide for the development of renewable energy.
Requires the Secretary of Agriculture (USDA) to: (1) prepare and publish a notice of intent to prepare a programmatic EIS to analyze the potential impacts of a program to develop solar and wind energy on National Forest System land and any necessary amendments to land use plans for such land, and (2) amend such plans to provide for the development of renewable energy on completion of the programmatic EIS.
Requires the Secretary of Defense (DOD) to submit a report that: (1) identifies locations on land withdrawn from the public domain and reserved for military purposes that could be developed for renewable energy production, and (2) describes the administration of public land withdrawn for military purposes for the development of commercial-scale renewable energy projects.
Requires the Secretary of Interior to establish a wind and solar leasing pilot program on: (1) public land administered by the Secretary or National Forest System land administered by the Secretary of Agriculture; and (2) land not excluded from the development of solar or wind energy under a land use plan established under the Federal Land Policy and Management Act of 1976, the National Forest Management Act of 1976, or other law. Requires the Secretary of the Interior and the Secretary of Agriculture to: (1) make a joint determination on whether to establish such program within two years, (2) establish such program unless they determine that the program is not in the public interest and does not provide an effective means of developing such energy, and (3) require as a condition for any authorization for the development of such energy on such land the payment of a royalty.
Establishes in the Treasury the Renewable Energy Resource Conservation Fund to be administered by the Secretary of the Interior in regions impacted by the development of wind or solar energy for addressing and offsetting the impacts of such development on federal land, securing recreational access to federal land to provide enhanced public access to existing federal land that is inaccessible or significantly restricted, and carrying out activities authorized under the Land and Water Conservation Fund Act of 1965.
Requires such Secretaries to determine the feasibility of carrying out a conservation banking program.
Prohibits wind or solar generation projects with a capacity of 20 megawatts or more that are issued a lease, right-of-way, permit, or other authorization from being subject to the rental fee exemption for rights-of-way under the Federal Land Policy and Management Act of 1976.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1775 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1775
To promote the development of renewable energy on public lands, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 1, 2011
Mr. Tester (for himself, Mr. Risch, Mr. Reid, Mr. Udall of Colorado,
and Mr. Heller) introduced the following bill; 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 lands, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Public Lands
Renewable Energy Development Act of 2011''.
(1) Table of contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--GEOTHERMAL ENERGY
Sec. 101. Extension of funding for implementation of Geothermal Steam
Act of 1970.
TITLE II--DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND
Sec. 201. Definitions.
Sec. 202. Programmatic environmental impact statements and land use
planning.
Sec. 203. Development of solar and wind energy on public land.
Sec. 204. Disposition of revenues.
Sec. 205. Royalties.
Sec. 206. Enforcement of royalty and payment provisions.
Sec. 207. Enforcement.
Sec. 208. Segregation from appropriation under mining and Federal land
laws.
Sec. 209. Report.
Sec. 210. Applicability of law.
TITLE I--GEOTHERMAL ENERGY
SEC. 101. EXTENSION OF FUNDING FOR IMPLEMENTATION OF GEOTHERMAL STEAM
ACT OF 1970.
(a) In General.--Section 234(a) of the Energy Policy Act of 2005
(42 U.S.C. 15873(a)) is amended by striking ``in the first 5 fiscal
years beginning after the date of enactment of this Act'' and inserting
``through fiscal year 2020''.
(b) Authorization.--Section 234(b) of the Energy Policy Act of 2005
(42 U.S.C. 15873(b)) is amended--
(1) by striking ``Amounts'' and inserting the following:
``(1) In general.--Amounts''; and
(2) by adding at the end the following:
``(2) Authorization.--Effective for fiscal year 2011 and
each fiscal year thereafter, amounts deposited under subsection
(a) shall be available to the Secretary of the Interior for
expenditure, subject to appropriation and without fiscal year
limitation, to implement the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) and this Act.''.
TITLE II--DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND
SEC. 201. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means land
that is--
(A)(i) public land administered by the Secretary;
or
(ii) National Forest System land administered by
the Secretary of Agriculture; and
(B) not excluded from the development of solar or
wind energy under--
(i) a land use plan established under the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
(ii) a land use plan established under the
National Forest Management Act of 1976 (16
U.S.C. 1600 et seq.); or
(iii) other law.
(2) Pilot program.--The term ``pilot program'' means the
wind and solar leasing pilot program established under section
204(a).
(3) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Secretaries.--The term ``Secretaries'' means--
(A) in the case of public land administered by the
Secretary, the Secretary; and
(B) in the case of National Forest System land
administered by the Secretary of Agriculture, the
Secretary of Agriculture.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 202. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS AND LAND USE
PLANNING.
(a) Public Land.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall--
(1) complete and finalize the Programmatic Environmental
Impact Statement for Solar Energy Development in Six
Southwestern States (BLM/DES 10-59; DOE/EIS-0403) in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) to analyze the potential impacts of--
(A) a program to develop solar energy on land
administered by the Secretary, acting through the
Bureau of Land Management; and
(B) any necessary amendments to land use plans for
the land; and
(2) amend any land use plans as appropriate to provide for
the development of renewable energy in areas considered
appropriate by the Secretary.
(b) National Forest System Land.--As soon as practicable but not
later than 2 years after the date of enactment of this Act, the
Secretary of Agriculture shall--
(1) 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
1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts
of--
(A) a program to develop solar and wind energy on
National Forest System land administered by the
Secretary of Agriculture; and
(B) any necessary amendments to land use plans for
the land; and
(2) 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 statement.
(c) 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 public land administered
by the Secretary or on National Forest System land.
(d) Military Installations.--
(1) Report.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of the
Interior, shall conduct a study, and prepare a report,
that--
(i) identifies locations on land withdrawn
from the public domain and reserved for
military purposes that--
(I) exhibit a high potential for
solar, wind, geothermal, or other
renewable energy production;
(II) are disturbed or otherwise
have comparatively low value for other
resources; and
(III) could be developed for
renewable energy production in a manner
consistent with all present and
reasonably foreseeable military
training and operational missions and
research, development, testing, and
evaluation requirements; and
(ii) describes the administration of public
land withdrawn for military purposes for the
development of commercial-scale renewable
energy projects, including the legal
authorities governing authorization for that
use.
(B) Recommendations.--The report shall include
recommendations on--
(i) necessary changes in any law (including
regulations);
(ii) whether the authorization for the use
of the land for development of renewable energy
projects should be pursuant to lease, contract,
right-of-way, permit, or other form of
authorization;
(iii) methods of improving coordination
among the Federal, State, and local agencies,
if any, involved in authorizing the projects;
and
(iv) disposition of revenues resulting from
the development of renewable energy projects on
the land.
(2) Environmental impact analysis.--Not later than 1 year
after the completion of the study required by paragraph (1),
the Secretary of Defense, in consultation with the Secretary of
the Interior, 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 production.
(3) Reports.--On completion of the report, the Secretary
and the Secretary of Defense shall jointly submit the report
required by paragraph (1) to--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Energy and Natural Resources
of the Senate;
(C) the Committee on Armed Services of the House of
Representatives; and
(D) the Committee on Natural Resources of the House
of Representatives.
SEC. 203. DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND.
(a) Pilot Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a wind and
solar leasing pilot program on covered land administered by the
Secretary.
(2) Selection of sites.--
(A) In general.--Not later than 90 days after the
date the pilot program is established under this
subsection, the Secretary shall (taking into
consideration the multiple resource values of the land)
select 2 sites that are appropriate for the development
of a solar energy project, and 2 sites that are
appropriate for the development of a wind energy
project, on covered land administered by the Secretary
as part of the pilot program.
(B) Site selection.--In carrying out subparagraph
(A), the Secretary shall seek to select sites--
(i) for which there is likely to be a high
level of industry interest;
(ii) that have a comparatively low value
for other resources; and
(iii) that are representative of sites on
which solar or wind energy is likely to be
developed on covered land.
(C) Ineligible sites.--The Secretary shall not
select as part of the pilot program any site for which
a right-of way for site testing or construction has
been issued.
(3) Qualifications.--Prior to any lease sale, the Secretary
shall establish qualifications for bidders that ensure
bidders--
(A) are able to expeditiously develop a wind or
solar energy project on the site for lease;
(B) possess--
(i) financial resources necessary to
complete a project;
(ii) knowledge of the applicable
technology; and
(iii) such other qualifications as are
determined appropriate by the Secretary; and
(C) meet the eligibility requirements for leasing
under the first section of the Mineral Leasing Act (30
U.S.C. 181).
(4) Lease sales.--
(A) In general.--Except as provided in subparagraph
(D)(ii), not later than 180 days after the date sites
are selected under paragraph (2), the Secretary shall
offer each site for competitive leasing to qualified
bidders under such terms and conditions as are required
by the Secretary.
(B) Bidding systems.--
(i) In general.--In offering the sites for
lease, the Secretary may vary the bidding
systems to be used at each lease sale,
including--
(I) cash bonus bids with a
requirement for payment of the royalty
established under this Act;
(II) variable royalty bids based on
a percentage of the gross proceeds from
the sale of electricity produced from
the lease, except that the royalty
shall not be less than the royalty
required under this Act, together with
a fixed cash bonus; and
(III) such other bidding system as
ensures a fair return to the public
consistent with the royalty established
under this Act.
(ii) Round.--The Secretary shall limit
bidding to 1 round in any lease sale.
(iii) Expenditures.--In any case in which
the land that is subject to lease has 1 or more
pending applications for the development of
wind or solar energy at the time of the lease
sale, 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 application.
(C) Revenues.--Bonus bids, royalties, rentals,
fees, or other payments collected by the Secretary
under this section shall be subject to section 5.
(D) Lease terms.--
(i) In general.--As part of the pilot
program, the Secretary may vary the length of
the lease terms and establish such other lease
terms and conditions as the Secretary considers
appropriate.
(ii) Data collection.--As part of the pilot
program, the Secretary shall--
(I) offer on a noncompetitive basis
on at least 1 site a short-term lease
for data collection; and
(II) on the expiration of the
short-term lease, offer on a
competitive basis a long-term lease,
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 lease.
(5) Compliance with laws.--In offering for lease the
selected sites under paragraph (4), the Secretary shall comply
with all applicable environmental and other laws.
(6) Report.--The Secretary shall--
(A) compile a report of the results of each lease
sale under the pilot program, including--
(i) the level of competitive interest;
(ii) a summary of bids and revenues
received; and
(iii) any other factors that may have
impacted the lease sale process; and
(B) not later than 90 days after the final lease
sale, 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 (A).
(7) Rights-of-way.--During the pendency of the pilot
program, the Secretary shall continue to issue rights-of-way,
in compliance with authority in effect on the date of enactment
of this Act, for available sites not selected for the pilot
program.
(b) Secretarial Determination.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall make a joint
determination on whether to establish a leasing program under
this section for wind or solar energy, or both, on all covered
land.
(2) System.--If the Secretaries determine that a leasing
program should be established, 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
land.
(3) Establishment.--The Secretaries shall establish a
leasing program unless the Secretaries determine that the
program--
(A) is not in the public interest; and
(B) does not provide an effective means of
developing wind or solar energy.
(4) Consultation.--In making the determinations required
under this subsection, the Secretaries shall consult with--
(A) the heads of other relevant Federal agencies;
(B) interested States, Indian tribes, and local
governments;
(C) representatives of the solar and wind
industries;
(D) representatives of the environment,
conservation, and outdoor sporting communities;
(E) other users of the covered land; and
(F) the public.
(5) Considerations.--In making the determinations required
under this subsection, the Secretaries shall consider the
results of the pilot program.
(6) Regulations.--Not later than 1 year after the date on
which any determination is made to establish a leasing program,
the Secretaries shall jointly promulgate final regulations to
implement the program.
(7) Report.--If the Secretaries determine that a leasing
program should not be established, not later than 60 days after
the date of the determination, 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 determination.
(c) Transition.--
(1) In general.--If the Secretaries determine under
subsection (b) that a leasing program should be established for
covered land, until the program is established and final
regulations for the program are issued--
(A) the Secretary shall continue to accept
applications for rights-of-way on covered land, 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 1976 (43 U.S.C. 1761 et
seq.) and other applicable law; and
(B) the Secretary of Agriculture shall continue to
accept applications for authorizations, and provide for
the issuance of the authorizations, for the development
of wind or solar energy on covered land within the
jurisdiction of the Secretary pursuant to applicable
law.
(2) Existing rights-of-way and authorizations.--
(A) In general.--Effective beginning on the date on
which the wind or solar leasing programs are
established and final regulations are issued, 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 authorization.
(B) Lease.--
(i) In general.--Subject to clause (ii), at
the end of the term of the right-of-way or
other authorization for the wind or solar
energy project, the Secretary or, in the case
of National Forest System land, the Secretary
of Agriculture, shall grant, without a
competitive process, 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 (as
determined by the Secretary concerned)--
(I) the holder of the right-of-way
or other authorization has met the
requirements of diligent development;
and
(II) issuance of the lease is in
the public interest and consistent with
applicable law.
(ii) Terms and conditions.--Any lease
described in clause (i) shall be subject to--
(I) terms and conditions that are
consistent with this Act and the
regulations issued under this Act; and
(II) the regulations in effect on
the date of renewal and any other terms
and conditions that the Secretary
considers necessary to protect the
public interest.
(3) 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 issued, the Secretary
or, with respect to National Forest System land, the Secretary
of Agriculture shall provide any applicant that has filed a
plan of development for a right-of-way or, in the case of
National Forest System land, for an applicable authorization,
for a wind or solar energy project with an option to acquire a
lease on a noncompetitive basis, under such terms and
conditions as are required by this Act, applicable regulations,
and the Secretary concerned, for the same covered land included
in the plan of development if--
(A) the plan of development has been determined by
the Secretary concerned to be adequate for the
initiation of environmental review;
(B) granting the lease is consistent with all
applicable land use planning, environmental, and other
laws;
(C) the applicant has made a good faith effort to
obtain a right-of-way or, in the case of National
Forest System land, other authorization, for the
project; and
(D) issuance of the lease is in the public
interest.
(d) Leasing Program.--If the Secretaries determine under subsection
(b) that a leasing program should be established, the program shall be
established in accordance with subsections (e) through (k).
(e) Competitive Leases.--
(1) In general.--Except as provided in paragraph (2),
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 sale.
(2) Exceptions.--Paragraph (1) shall not apply if the
Secretary or, with respect to National Forest System land, the
Secretary of Agriculture determines that--
(A) no competitive interest exists for the covered
land;
(B) the public interest would not be served by the
competitive issuance of a lease;
(C) 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 5 years; or
(D) the covered land is eligible to be granted a
noncompetitive lease under subsection (c).
(f) Payments.--
(1) In general.--The Secretaries shall jointly establish--
(A) fees, rentals, bonuses, or other payments to
ensure a fair return to the United States for any lease
issued under this section; and
(B) royalties pursuant to section 6 that apply to
all leases issued under this section.
(2) Bonus bids.--The Secretaries may grant credit toward
any bonus bid for a qualified expenditure by the holder of a
lease described in subsection (e)(2)(C) in any competitive
lease sale held for a long-term lease covering the same land
covered by the lease described in subsection (e)(2)(C).
(g) Qualifications.--Prior to any lease sale, the Secretary shall
establish qualifications for bidders that ensure bidders meet the
requirements described in section 4(a)(3).
(h) Requirements.--The Secretaries shall ensure that any activity
under a leasing program is carried out in a manner that--
(1) is consistent with all applicable land use planning,
environmental, and other laws; and
(2) provides for--
(A) safety;
(B) protection of the environment and fish and
wildlife habitat;
(C) mitigation of impacts;
(D) prevention of waste;
(E) diligent development of the resource, with
specific milestones to be met by the lessee as
determined by the Secretaries;
(F) coordination with applicable Federal agencies;
(G) a fair return to the United States for any
lease;
(H) use of best management practices, including
planning and practices for mitigation of impacts;
(I) public notice and comment on any proposal
submitted for a lease under this section;
(J) oversight, inspection, research, monitoring,
and enforcement relating to a lease under this section;
(K) the quantity of acreage to be commensurate with
the size of the project covered by a lease; and
(L) efficient use of water resources.
(i) Lease Duration, Suspension, and Cancellation.--
(1) Duration.--A lease under this section shall be for--
(A) an initial term of 25 years; and
(B) any additional period after the initial term
during which electricity is being produced annually in
commercial quantities from the lease.
(2) Administration.--The Secretary shall establish terms
and conditions for the issuance, transfer, renewal, suspension,
and cancellation of a lease under this section.
(3) Readjustment.--
(A) In general.--Royalties, rentals, and other
terms and conditions of a lease under this section
shall be subject to readjustment--
(i) on the date that is 15 years after the
date on which the lease is issued; and
(ii) every 10 years thereafter.
(B) Lease.--Each lease issued under this Act shall
provide for readjustment in accordance with
subparagraph (A).
(j) Surface-Disturbing Activities.--The Secretaries shall--
(1) regulate all surface-disturbing activities conducted
pursuant to any lease issued under this section; and
(2) require any necessary reclamation and other actions
under the lease as are required in the interest of conservation
of surface resources.
(k) Security.--The Secretaries shall require the holder of a lease
issued under this section--
(1) to furnish a surety bond or other form of security, as
prescribed by the Secretaries;
(2) to provide for the reclamation and restoration of the
area covered by the lease; and
(3) to comply with such other requirements as the
Secretaries consider necessary to protect the interests of the
public and the United States.
(l) Periodic Review.--Not less frequently than once every 5 years,
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 section.
SEC. 204. DISPOSITION OF REVENUES.
(a) Disposition of Revenues.--Of the amounts collected as bonus
bids, royalties, rentals, fees, or other payments under a right-of-way,
permit, lease, or other authorization for the development of wind or
solar energy on covered land--
(1) 25 percent shall be paid by the Secretary of the
Treasury to the State within the boundaries of which the income
is derived;
(2) 25 percent shall be paid by the Secretary of the
Treasury to the 1 or more counties within the boundaries of
which the income is derived;
(3) 15 percent shall--
(A) for the period beginning on the date of
enactment of this Act and ending on date the date that
is 15 years after the date of enactment of this Act, be
deposited in the Treasury of the United States to help
facilitate the processing of renewable energy permits
by the Bureau of Land Management, 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 land; and
(B) beginning on the date that is 15 years after
the date of enactment of this Act, be deposited in the
Fund; and
(4) 35 percent shall be deposited in the Renewable Energy
Resource Conservation Fund established by subsection (c).
(b) Payments to States and Counties.--
(1) In general.--Except as provided in paragraph (2),
amounts paid to States and counties under subsection (a) shall
be used consistent with section 35 of the Mineral Leasing Act
(30 U.S.C. 191).
(2) Impacts on federal land.--Not less than 33 percent of
the amount paid to a State shall be used on an annual basis for
the purposes described in subsection (c)(2)(A).
(c) Renewable Energy Resource Conservation Fund.--
(1) In general.--There is established in the Treasury a
fund, to be known as the ``Renewable Energy Resource
Conservation Fund'', to be administered by the Secretary for
use in regions impacted by the development of wind or solar
energy.
(2) Use.--
(A) In general.--Amounts in the Fund shall be
available to the Secretary, who may make amounts
available to the Secretary of Agriculture and to other
Federal or State agencies, as appropriate, for the
purposes of--
(i) addressing and offsetting the impacts
of wind or solar development on Federal land,
including restoring and protecting--
(I) fish and wildlife habitat for
affected species;
(II) fish and wildlife corridors
for affected species; and
(III) water resources in areas
impacted by wind or solar energy
development;
(ii) securing recreational access to
Federal land through an easement, right-of-way,
or fee title acquisition from willing sellers
for the purpose of providing enhanced public
access to existing Federal land that is
inaccessible or significantly restricted; and
(iii) carrying out activities authorized
under the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-4 et seq.) in the
State.
(B) 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 Fund.
(3) Mitigation requirements.--The expenditure of funds
under this subsection shall be in addition to any mitigation
requirements imposed pursuant to any law, regulation, or term
or condition of any lease, right-of-way, or other
authorization.
(4) Investment of fund.--
(A) 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
maturities.
(B) Use.--Any interest earned under subparagraph
(A) may be expended in accordance with this subsection.
SEC. 205. ROYALTIES.
(a) In General.--The Secretaries shall require as a term and
condition of any lease, right-of-way, permit, 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--
(1) encourages production of solar or wind energy;
(2) ensures a fair return to the public comparable to the
return that would be obtained on State and private land; and
(3) encourages the maximum energy generation while
disturbing the least quantity of covered land and other natural
resources, including water.
(b) Amount.--The royalty on electricity produced using wind or
solar resources shall be--
(1) not less than 1 percent, and not more than 2.5 percent,
of the gross proceeds from the sale of electricity produced
from the resources during the first 10 years of production; and
(2) not less than 2 percent, and not more than 5 percent,
of the gross proceeds from the sale of electricity produced
from the resources during each year after that initial 10-year
period.
(c) Different Royalty Rates.--The Secretaries may establish--
(1) a different royalty rate for wind or solar energy
generation; and
(2) a reduced royalty rate for projects located within a
zone identified for development of solar or wind energy.
(d) Royalty in Lieu of Rent.--During the period of production, a
royalty shall be collected in lieu of any rent for the land from which
the electricity is produced.
(e) Royalty Relief.--To promote the generation of renewable energy,
the Secretaries may reduce any royalty otherwise required on a showing
by clear and convincing evidence by the person holding a lease, right-
of-way, permit, 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--
(1) collection of the full royalty would unreasonably
burden energy generation; and
(2) the royalty reduction is in the public interest.
(f) Periodic Review and Report.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act and every 5 years thereafter, the
Secretary, in consultation with the Secretary of Agriculture,
shall--
(A) complete a review of collections and impacts of
the royalty and fees provided under this Act; and
(B) 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 review.
(2) Topics.--The report shall address--
(A) the total revenues received (by category) on an
annual basis as royalties from wind, solar, and
geothermal development and production (specified by
energy source) on covered land;
(B) whether the revenues received for the
development of wind, solar, and geothermal development
are comparable to the revenues received for similar
development on State and private land;
(C) any impact on the development of wind, solar,
and geothermal development and production on covered
land as a result of the royalties; and
(D) any recommendations with respect to changes in
Federal law (including regulations) relating to the
amount or method of collection (including auditing,
compliance, and enforcement) of the royalties.
(g) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretaries shall jointly issue final regulations to
carry out this section.
SEC. 206. ENFORCEMENT OF ROYALTY AND PAYMENT PROVISIONS.
(a) Duties of the Secretary.--The Secretary shall establish a
comprehensive inspection, collection, fiscal, and production accounting
and auditing system--
(1) to accurately determine royalties, rentals, interest,
fines, penalties, fees, deposits, and other payments owed under
this Act; and
(2) to collect and account for the payments in a timely
manner.
(b) Applicability of Other Law.--The Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1701 et seq.) (including the civil
and criminal enforcement provisions of that Act) shall apply to leases,
permits, rights-of-way, or other authorizations issued for the
development of solar or wind energy on covered land and the holders and
operators of the leases, permits, rights-of-way, or other
authorizations (and designees) under this title, except that in
applying that Act--
(1) ``wind or solar leases, permits, rights-of-way, or
other authorizations'' shall be substituted for ``oil and gas
leases'';
(2) ``electricity generated from wind or solar resources''
shall be substituted for ``oil and gas'' (when used as nouns);
(3) ``lease, permit, right-of-way, or other authorization
for the development of wind or solar energy'' shall be
substituted for ``lease'' and ``lease for oil and gas'' (when
used as nouns); and
(4) ``lessee, permittee, right-of-way holder, or holder of
an authorization for the development of wind or solar energy''
shall be substituted for ``lessee''.
SEC. 207. ENFORCEMENT.
(a) In General.--Sections 302(c) and 303 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1732(c), 1733) shall apply to
activities conducted on covered land under this title.
(b) 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 law.
SEC. 208. SEGREGATION FROM APPROPRIATION UNDER MINING AND FEDERAL LAND
LAWS.
(a) 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 law, the Secretary or the
Secretary of Agriculture may temporarily segregate the identified land
from appropriation under the mining and public land laws.
(b) Administration.--Segregation of covered land under this
section--
(1) may only be made for a period not to exceed 10 years;
and
(2) shall be subject to valid existing rights as of the
date of the segregation.
SEC. 209. REPORT.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretaries shall carry out a study
on the siting, development, and management of projects to
determine the feasibility of carrying out a conservation
banking program on land administered by the Secretaries.
(2) Contents.--The study under paragraph (1) shall--
(A) identify areas in which--
(i) privately owned land is not available
to offset the impacts of solar or wind energy
development on federally administered land; or
(ii) mitigation investments on federally
administered land are likely to provide greater
conservation value for impacts of solar or wind
energy development on federally administered
land; and
(B) examine--
(i) the effectiveness of laws (including
regulations) and policies in effect on the date
of enactment of this Act in facilitating the
development of conservation banks;
(ii) the advantages and disadvantages of
using conservation banks on Federal land to
mitigate impacts to natural resources on
private land; and
(iii) any changes in Federal law (including
regulations) or policy necessary to further
develop a Federal conservation banking program.
(b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretaries shall jointly submit to Congress
a report that includes--
(1) the recommendations of the Secretaries relating to--
(A) the most effective system for Federal land
described in subsection (a)(2)(A) to meet the goals of
facilitating the development of a conservation banking
program on Federal land; and
(B) any change to Federal law (including
regulations) or policy necessary to address more
effectively the siting, development, and management of
conservation banking programs on Federal land to
mitigate impacts to natural resources on private land;
and
(2) any administrative action to be taken by the
Secretaries in response to the recommendations.
(c) Availability to the Public.--Not later than 30 days after the
date on which the report described in subsection (b) is submitted to
Congress, the Secretaries shall make the results of the study available
to the public.
SEC. 210. APPLICABILITY OF LAW.
(a) Rental Fee Exemption.--Wind or solar generation projects with a
capacity of 20 megawatts or more that are issued a lease, right-of-way,
permit, or other authorization under applicable law shall not be
subject to the rental fee exemption for rights-of-way under section
504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1764(g)).
(b) Fees, Charges, and Commissions.--Section 304 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1734) shall apply to
an application made under section 4.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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