No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2301 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2301
To promote the development of renewable energy on public land, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2025
Mr. Levin introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To promote the development of renewable energy on public land, 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. DEFINITIONS.
In this Act:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) Federal land;
(B) not excluded from the development of
geothermal, solar, or wind energy under--
(i) a land use plan; or
(ii) other Federal law; and
(C) not included in an area--
(i) that is subject to the Desert Renewable
Energy Conservation Plan developed by the
California Energy Commission, the California
Department of Fish and Wildlife, the Bureau of
Land Management, and the United States Fish and
Wildlife Service; or
(ii) for which the Secretary determines
existing wind and solar energy land use
planning meets or exceeds the standards
established under section 3.
(2) Energy storage project.--The term ``energy storage
project'' means equipment that--
(A) receives, stores, and delivers energy using
batteries, compressed air, pumped hydropower, hydrogen
storage (including hydrolysis), thermal energy storage,
regenerative fuel cells, flywheels, capacitors,
superconducting magnets, or other technologies
identified by the Secretary of Energy; and
(B) has a storage capacity of not less than 5
kilowatt hours.
(3) 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
projects.
(4) Federal land.--The term ``Federal land'' means--
(A) public land; and
(B) National Forest System lands administered by
the Department of Agriculture through the Forest
Service where the Secretary has authority to issue
leases for the development and utilization of
geothermal resources under section 3 and section 15 of
the Geothermal Steam Act of 1970 (30 U.S.C. 1002,
1014).
(5) Fund.--The term ``Fund'' means the Renewable Energy
Resource Conservation Fund established by section 6(c)(1).
(6) Land use plan.--The term ``land use plan'' means--
(A) with respect to public land, a land use plan
established under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) with respect to National Forest System land, a
land management plan approved, amended, or revised
under section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(7) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(8) 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 project, including an area that is identified
as a designated leasing area under the rule of the Bureau of
Land Management entitled ``Competitive Processes, Terms, and
Conditions for Leasing Public Lands for Solar and Wind Energy
Development and Technical Changes and Corrections'' (81 Fed.
Reg. 92122 (December 19, 2016)) (or a successor regulation).
(9) 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).
(10) Renewable energy project.--The term ``renewable energy
project''--
(A) means a project carried out on covered land
that--
(i) uses wind, solar, or geothermal energy
to generate energy; or
(ii) transmits electricity to support wind,
solar, or geothermal energy generation; and
(B) may include an associated energy storage
project.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. UPDATING NATIONAL GOALS FOR RENEWABLE ENERGY PRODUCTION ON
FEDERAL LAND.
Section 3104 of the Energy Act of 2020 (43 U.S.C. 3004) is
amended--
(1) in subsection (b)--
(A) by striking ``25'' and inserting ``60''; and
(B) by striking ``2025'' and inserting ``December
31, 2030''; and
(2) by adding at the end the following:
``(c) Update.--Not later than 18 months after the date of enactment
of this subsection, the Secretary, in consultation with the Secretary
of Agriculture and the heads of other relevant Federal agencies, shall
update the national goals for renewable energy production on Federal
land established under subsection (a).''.
SEC. 3. LAND USE PLANNING AND UPDATES TO PROGRAMMATIC ENVIRONMENTAL
IMPACT STATEMENTS.
(a) Priority Areas.--
(1) Establishment of priority areas; designation of areas
eligible for the submission of renewable energy project
applications.--
(A) In general.--For purposes of renewable energy
planning, the Secretary, consistent with the
requirements described in subparagraph (B), shall--
(i) designate areas on covered land
eligible for the submission of renewable energy
project applications; and
(ii) consider establishing priority areas
on covered land for renewable energy projects.
(B) Requirements.--In carrying out activities under
clauses (i) and (ii) of subparagraph (A), the Secretary
shall comply with--
(i) the principles of multiple use (as
defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1702)); and
(ii) the national goals for renewable
energy production established under section
3104 of the Energy Act of 2020 (43 U.S.C.
3004), including the minimum production goal
described in subsection (b) of that section.
(2) Priority for certain applications.--In considering
applications for renewable energy projects on covered land,
with respect to an application for a proposed renewable energy
project on covered land that is to be carried out in a priority
area, the Secretary shall--
(A) prioritize the application to be carried out in
any identified priority area; and
(B) on approval of the application, provide to the
applicant who submitted the application the opportunity
to participate in any regional mitigation plan
developed for the applicable priority area.
(3) Programmatic planning.--
(A) Solar energy.--As soon as practicable, but not
later than 18 months after the Record of Decision
titled ``Approved Record of Decision and Amendments/
Record of Decision for Utility-Scale Solar Energy
Development'' dated December 2024 was issued, the
Secretary shall consider establishing priority areas on
covered land for Solar energy projects in the planning
area (as defined in the Record of Decision).
(B) Wind energy.--As soon as practicable, but not
later than 1 year after the date of enactment of this
Act, the Secretary shall initiate a review of the final
programmatic Environment Impact Statement referenced in
the notice of availability entitled ``Notice of
Availability of the Final Programmatic Environmental
Impact Statement on Wind Energy Development on BLM-
Administered Lands in the Western United States,
Including Proposed Amendments to Selected Land Use
Plans'' (70 Fed. Reg. 36651 (June 24, 2005)), that
considers establishment of wind application and
priority areas on covered lands, and complete that
review within 3 years of issuing a notice of intent.
(b) Review and Modification.--
(1) In general.--Subject to paragraph (2), not less
frequently than once every 10 years, the Secretary shall--
(A) after an opportunity for public comment, review
the adequacy of all land allocations for renewable
energy projects for the purposes of--
(i) encouraging and facilitating new
renewable energy projects; and
(ii) consistent with a mitigation sequence
of avoiding, minimizing, and compensating for
adverse impacts to other public uses and values
of covered land, including--
(I) wildlife habitat;
(II) species listed as threatened
or endangered under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(III) water resources;
(IV) cultural resources;
(V) recreational uses;
(VI) land with wilderness
characteristics;
(VII) land with special management
designations; and
(VIII) areas of Tribal importance;
and
(B) based on the review carried out under
subparagraph (A), add, modify, or eliminate priority
areas, exclusion areas, and areas on covered land open
or closed to solar or wind energy right-of-way
applications or to geothermal leasing.
(2) Limitation.--Paragraph (1) shall not apply to any
covered land that the Secretary determines, after seeking
public input, is subject to an existing land use plan that
meets the purposes described in paragraph (1)(A).
(3) Report.--If the Secretary determines, in an annual
report required under subsection (g) of section 3102 of the
Energy Act of 2020 (43 U.S.C. 3002) (as redesignated by section
4(a)(1)), that the national goal for renewable energy
production established under subsection (a) of section 3104 of
that Act (43 U.S.C. 3004), including the minimum production
goal established under subsection (b) of that section, may not
be met, the Secretary shall act more frequently than otherwise
required by this section to designate areas eligible for the
submission of renewable energy project applications and
establish additional priority areas for renewable energy
projects.
(c) Compliance With the National Environmental Policy Act of
1969.--For purposes of this section, compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be
accomplished--
(1) for geothermal energy--
(A) by updating the document entitled ``Final
Programmatic Environmental Impact Statement for
Geothermal Leasing in the Western United States'' and
dated October 2008; and
(B) by incorporating into the updated document
under subparagraph (A) any additional regional analyses
completed by Federal agencies after the date on which
the document described in that subparagraph was
finalized;
(2) for solar energy--
(A) by updating the document entitled ``Final
Programmatic Environmental Impact Statement (PEIS) for
Solar Energy Development in Six Southwestern States''
and dated July 2012; and
(B) by incorporating into the updated document
under subparagraph (A) any additional regional analyses
completed by Federal agencies after the date on which
the document described in that subparagraph was
finalized; and
(3) for wind energy--
(A) by updating the document entitled ``Final
Programmatic Environmental Impact Statement on Wind
Energy Development on BLM-Administered Lands in the
Western United States'' and dated June 2005; and
(B) by incorporating into the updated document
under subparagraph (A) any additional regional analyses
completed by Federal agencies after the date on which
the document described in that subparagraph was
finalized.
(d) No Effect on Processing Site-Specific Applications.--Nothing in
this section modifies any requirement to conduct site-specific
environmental reviews or process permits for proposed renewable energy
projects during preparation of an updated programmatic environmental
impact statement, land use plan, or amendment to a land use plan.
(e) Coordination.--In developing any update required under this
section, the Secretary shall coordinate, on an ongoing basis, with
appropriate State, Tribal, and local governments, transmission
infrastructure owners, operators, and developers, renewable energy
developers, and other appropriate entities to ensure that priority
areas established by the Secretary under this section take into
account--
(1) economic viability (including having access to existing
or planned transmission lines);
(2) consistency with a mitigation sequence to avoid,
minimize, and compensate for impacts to--
(A) fish, wildlife, or plants;
(B) fish, wildlife, or plant habitat;
(C) recreational uses;
(D) land with wilderness characteristics;
(E) land with special management designations;
(F) cultural resources;
(G) areas of Tribal importance; and
(H) other uses of covered land;
(3) feasibility of siting on previously disturbed land,
including commercial and industrial land, mine land, and
previously contaminated sites; and
(4) consistency with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), including
subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).
(f) Transmission.--In carrying out this section, the Secretary
shall--
(1) determine whether adequate transmission exists for
renewable energy projects on covered land; and
(2) if a determination is made in the negative under
paragraph (1), in coordination with the heads of other relevant
Federal agencies, review existing land use plans to determine
if amendments to those land use plans would be appropriate to
support adequate transmission capability.
(g) Incentives for Renewable Energy Development in Priority
Areas.--The Secretary may establish, by regulation, incentives to be
provided to individuals carrying out renewable energy projects in
priority areas established under this section.
SEC. 4. IMPROVING WIND AND SOLAR ENERGY PROJECT PERMITTING.
(a) Role of Renewable Energy Coordination Offices.--Section 3102 of
the Energy Act of 2020 (43 U.S.C. 3002) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Processing of Wind and Solar Energy Applications.--
``(1) Delegation to state renewable energy coordination
offices.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary may delegate to a State
Renewable Energy Coordination Office the authority to
process applications for eligible projects proposed to
be carried out on land managed by the Bureau of Land
Management in the applicable State.
``(B) Roles and responsibilities of managers.--For
purposes of processing applications described in
subparagraph (A), the manager of the applicable State
Renewable Energy Coordination Office--
``(i) shall have the authority to issue
grants or leases for eligible projects;
``(ii) with the approval of the State
Director of the applicable Bureau of Land
Management State Office, may use other
employees in field and district offices of the
applicable Bureau of Land Management State
Office, or hire additional experts, to assist
with timely processing of applications, with
the costs of hiring additional experts to be
charged to applicants; and
``(iii) shall report to the State Director
of the applicable Bureau of Land Management
State Office.
``(2) Prohibition of delegation to employees of field or
district offices.--Except as provided in paragraph (1)(B)(ii),
the Secretary may not delegate to employees of field or
district offices of the Bureau of Land Management the authority
to process applications for eligible projects proposed to be
carried out on land managed by the Bureau of Land
Management.''.
(b) Cost Recovery Agreements.--
(1) In general.--Not later than 30 days after the date on
which an applicant submits a complete application for a right-
of-way for a wind or solar energy project, including submission
of the filing fee required under section 2804.12 of title 43,
Code of Federal Regulations (or a successor regulation), the
Secretary shall provide a cost recovery agreement with respect
to the application.
(2) Effect.--Issuance of a cost recovery agreement under
paragraph (1) and payment of cost recovery fees shall preclude
any new claims to the use of the applicable covered land during
any period in which the application is active.
(3) Conflicts; studies.--
(A) Conflicts.--To be considered complete under
paragraph (1), an application described in that
paragraph shall address any known conflicts with
respect to the use of the applicable covered land, as
identified in scientific literature or other studies.
(B) Additional studies.--Additional studies shall
not be required for purposes of considering an
application to be complete under paragraph (1).
(c) Environmental Requirements.--
(1) Notice of intent.--
(A) In general.--Not later than 180 days after the
date on which the agency notifies the applicant that
the application to establish a right-of-way is
complete, or a later date to be established by the
Secretary under subparagraph (B), if an environmental
impact statement is determined to be necessary, the
Secretary shall issue a notice of intent to prepare an
environmental impact statement with respect to the
application.
(B) Extension.--The Secretary shall establish a
later date by which the notice under subparagraph (A)
shall be issued, if the Secretary determines that the
180-day period under that paragraph should be extended
due to--
(i) the application being considered a low
priority under section 2804.35 of title 43,
Code of Federal Regulations (or a successor
regulation);
(ii) project-specific circumstances,
including the need for further studies, making
the 180-day deadline insufficient; or
(iii) the application not meeting the
requirements for approval.
(2) Categorical exclusion.--As the Secretary determines to
be appropriate, the Secretary may promulgate regulations
providing that preliminary geotechnical work and meteorological
monitoring relating to renewable energy projects shall be
categorically excluded from the requirements for an
environmental assessment or environmental impact statement
under section 1501.4 of title 40, Code of Federal Regulations
(or a successor regulation).
(d) Processing Priority.--In processing applications described in
subsection (b)(1), the Secretary shall--
(1) give priority to applications for renewable energy
projects in priority areas; and
(2) process applications for renewable energy projects in
areas that are not priority areas in the order in which the
applications are received.
(e) Use of Competitive Process.--
(1) In general.--Subject to paragraph (2), the Secretary
shall not use a competitive process for the review of an
application described in subsection (b)(1), except--
(A) in a case in which 2 or more applicants file an
application for the same site (or portions of the same
site) not more than 15 days apart; or
(B) as otherwise established by the Secretary
through a subsequent rulemaking process delineating the
instances in which the Secretary will use the
competitive process.
(2) Limitation.--Paragraph (1) shall not apply to
applications for competitive right-of-way leases in priority
areas.
SEC. 5. INCREASING ECONOMIC CERTAINTY.
(a) Rents and Fees.--
(1) In general.--In determining rental rates and other fees
for renewable energy project leases or right-of-way grants, the
Secretary shall ensure that the total rental rates and other
fees charged do not exceed the average amount charged for
similar activities on private land in the State or county in
which the rental rates and other fees are charged.
(2) Individual appraisals not required.--For purposes of
determining rental rates for renewable energy projects, the
Secretary--
(A) shall not be required to conduct individual
appraisals; and
(B) may use average cash rents included in the
Pastureland Rents Survey prepared by the National
Agricultural Statistics Service, as determined for the
5-year period ending on the date on which the rental
rate is determined.
(3) Increases in base rental rates.--After a base rental
rate is established for a lease or right-of-way grant
authorization for a renewable energy project, any increase in
the base rental rate shall be limited to the Implicit Price
Deflator-Gross Product Index published by the Bureau of
Economic Analysis of the Department of Commerce on the date of
issuance of the lease or right-of way grant authorization.
(4) Capacity fees.--The Secretary may consider charging a
capacity fee for a renewable energy project only if the
Secretary determines that capacity fees are charged within the
region or State in which the renewable energy project is
carried out, as part of leaseholds on State or private land.
(b) Bonds.--The Secretary shall adopt a process for establishing
bond requirements for decommissioning renewable energy projects that--
(1) do not establish a minimum per acre amount; and
(2) are based on the difference between--
(A) the estimated, site-specific net costs of
reclamation of the covered land; and
(B) the salvage value of materials available after
decommissioning the renewable energy project.
SEC. 6. DISPOSITION OF REVENUES; RENEWABLE ENERGY RESOURCE CONSERVATION
FUND.
(a) Disposition of Revenues.--
(1) Availability.--Except as provided in paragraph (3),
without further appropriation or fiscal year limitation, of
amounts collected from wind and solar energy projects as bonus
bids, rentals, fees, or other payments under a right-of-way,
permit, lease, or other authorization--
(A) for the period beginning on January 1, 2026,
and ending on December 31, 2045--
(i) 25 percent shall be paid by the
Secretary of the Treasury to the State within
the boundaries of which the revenue is derived;
(ii) 25 percent shall be paid by the
Secretary of the Treasury to the 1 or more
counties within the boundaries of which the
revenue is derived, to be allocated among the
counties based on the percentage of land from
which the revenue is derived;
(iii) 15 percent shall be deposited in the
Treasury and credited to the Bureau of Land
Management's Renewable Energy Management
account to be made available to the Secretary
to carry out sections 3 and 4 (including
amendments made by those sections), including
the transfer of the funds by the Bureau of Land
Management to other Federal agencies and State
agencies to facilitate the processing of
permits for renewable energy projects, with
priority given to using the amounts, to the
maximum extent practicable, without detrimental
impacts to emerging markets, expediting the
issuance of permits required for the
development of wind and solar energy projects
in the States from which the revenues are
derived; and
(iv) 35 percent shall be deposited in the
Fund; and
(B) beginning on January 1, 2046--
(i) 25 percent shall be paid by the
Secretary of the Treasury to the State within
the boundaries of which the revenue is derived;
(ii) 25 percent shall be paid by the
Secretary of the Treasury to the 1 or more
counties within the boundaries of which the
revenue is derived, to be allocated among the
counties based on the percentage of land from
which the revenue is derived;
(iii) 10 percent shall be deposited in the
Treasury and be made available to the Secretary
to carry out sections 3 and 4 (including
amendments made by those sections), including
the transfer of the funds by the Bureau of Land
Management to other Federal agencies and State
agencies to facilitate the processing of
permits for wind and solar energy projects,
with priority given to using the amounts, to
the maximum extent practicable, without
detrimental impacts to emerging markets,
expediting the issuance of permits required for
the development of renewable energy projects in
the States from which the revenues are derived;
and
(iv) 40 percent shall be deposited in the
Fund.
(2) Rule for projects located in multiple states.--Not
later than 180 days after the date of enactment of this Act,
the Secretary shall issue a proposed rule establishing a
formula for the disposition of revenues under subparagraphs
(A)(i) and (B)(i) of paragraph (1) in a case in which a wind
and solar energy project is located in more than 1 State.
(3) Filing fees.--With respect to wind and solar energy
projects--
(A) paragraph (1) does not apply to amounts
collected from application filing fees authorized under
section 304 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1734); and
(B) such application filing fees may be retained by
the applicable agency to recover costs associated with
issuing the right-of-way, permit, or other
authorization associated with the application.
(b) Payments to States and Counties.--
(1) In general.--Amounts paid to States and counties under
subsection (a)(1) shall be used consistent with section 35 of
the Mineral Leasing Act (30 U.S.C. 191).
(2) Payments in lieu of taxes.--A payment to a county under
subparagraph (A)(ii) or (B)(ii) of subsection (a)(1) shall be
in addition to a payment in lieu of taxes received by the
county under chapter 69 of title 31, United States Code.
(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'', which shall be administered by the
Secretary.
(2) Use of funds.--
(A) In general.--The Secretary may make amounts in
the Fund available to Federal, State, local, and Tribal
agencies for distribution in regions in which renewable
energy projects are located on Federal land, for the
purposes described in subparagraph (B).
(B) Purposes.--The purposes referred to in
subparagraph (A) are--
(i) restoring and protecting--
(I) fish and wildlife habitat for
species affected by renewable energy
projects;
(II) fish and wildlife corridors
for species affected by renewable
energy projects; and
(III) wetlands, streams, rivers,
and other natural water bodies in areas
affected by renewable energy projects;
and
(ii) preserving and improving recreational
access to Federal land and water in the
applicable region through an easement, right-
of-way, or other instrument from willing
landowners for the purpose of enhancing public
access to existing Federal land and water that
is inaccessible or restricted due to renewable
energy projects.
(3) Cooperative agreements.--The Secretary may enter into
cooperative agreements with State and Tribal agencies,
nonprofit organizations, and other appropriate entities to
carry out the activities described in paragraph (2).
(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 deposited into the Fund and used without
further appropriation.
(5) Report to congress.--At the end of each fiscal year,
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
identifying--
(A) the amounts described in subsection (a) that
were collected during that fiscal year, organized by
source;
(B) the amount and purpose of payments made to each
Federal, State, local, and Tribal agency under
paragraph (2) during that fiscal year; and
(C) the amount remaining in the Fund at the end of
the fiscal year.
(6) Intent of congress.--It is the intent of Congress that
the revenues deposited and expended from the Fund shall
supplement (and not supplant) annual appropriations for
activities described in paragraph (2).
SEC. 7. SAVINGS CLAUSE.
Notwithstanding any other provision of this Act, the Secretary and
the Secretary of Agriculture 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 1976 (43
U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.), as applicable, for the
purposes of land use planning, permit processing, and conducting
environmental reviews.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development.
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