S.Amdt. 3593Senate113th Congress (2013-2015)

S.Amdt. 3593

What it does: Adds TITLE II--PUBLIC LAND RENEWABLE ENERGY DEVELOPMENT at the end of the bill
Submitted July 23, 2014

What it changes

1 change to S. 2569 · shown in the bill's text

Adds a section
  1. Adds TITLE II--PUBLIC LAND RENEWABLE ENERGY DEVELOPMENT at the end of the bill

    Adds a title

    In S. 2569 · Placed on Calendar Senate

    (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

    Inserted: TITLE II--PUBLIC LAND RENEWABLE ENERGY DEVELOPMENT

    Inserted: Subtitle A--Geothermal Energy SEC. 201. EXTENSION OF FUNDING FOR IMPLEMENTATION OF ENERGY POLICY ACT OF 2005.

    Inserted: (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".

    Inserted: (b) Authorization.--Section 234(b) of the Energy Policy Act of 2005 (42 U.S.C. 15873(b)) is amended--

    Inserted: (1) by striking "Amounts" and inserting the following:

    Inserted: "(1) In general.--Amounts"; and

    Inserted: (2) by adding at the end the following:

    Inserted: "(2) Authorization.--Effective for fiscal year [2015] 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.".

    Inserted: SEC. 202. CATEGORICAL EXCLUSION FOR GEOTHERMAL DRILLING.

    Inserted: Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall establish a new categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for geothermal drilling activities on any National Forest System land or public land (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that were reviewed under the programmatic environmental impact statement relating to the authorization of geothermal leasing completed in October 2008.

    Inserted: Subtitle B--Development of Wind and Solar Energy on Certain Federal Land SEC. 211. DEFINITIONS.

    Inserted: In this subtitle:

    Show 195 more inserted paragraphs

    Inserted: (1) Covered land.--The term "covered land" means land that is--

    Inserted: (A)(i) public land administered by the Secretary; or

    Inserted: (ii) National Forest System land administered by the Secretary of Agriculture; and

    Inserted: (B) not excluded from the development of solar or wind energy under--

    Inserted: (i) a final land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

    Inserted: (ii) a final land and resource management plan established under the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); or

    Inserted: (iii) other Federal law.

    Inserted: (2) Fund.--The term "Fund" means the Renewable Energy Resource Conservation Fund established by section 214(b)(1).

    Inserted: (3) Pilot program.--The term "pilot program" means the wind and solar leasing pilot program established under section 212(a)(1).

    Inserted: (4) 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).

    Inserted: (5) Secretaries.--The term "Secretaries" means--

    Inserted: (A) in the case of public land administered by the Secretary, the Secretary; and

    Inserted: (B) in the case of National Forest System land administered by the Secretary of Agriculture, the Secretary of Agriculture.

    Inserted: (6) Secretary.--The term "Secretary" means the Secretary of the Interior.

    Inserted: SEC. 212. DEVELOPMENT OF SOLAR AND WIND ENERGY ON COVERED LAND.

    Inserted: (a) Pilot Program.--

    Inserted: (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretaries each shall establish a wind and solar leasing pilot program under which the Secretaries shall conduct lease sales of certain sites located on covered land for purposes of carrying out wind and solar energy projects.

    Inserted: (2) Selection of sites.--

    Inserted: (A) In general.--Not later than 90 days after the date the pilot program is established under paragraph (1), the Secretaries shall each select from covered land--

    Inserted: (i) 1 site for the development of a solar energy project; and

    Inserted: (ii) 1 site for the development of a wind energy project.

    Inserted: (B) Site selection.--In selecting sites under subparagraph (A), the Secretaries shall--

    Inserted: (i) give a preference to sites that the Secretaries determine--

    Inserted: (I) are likely to attract a high level of wind and solar energy industry interest;

    Inserted: (II) have a comparatively low value for resources, other than wind and solar energy; and

    Inserted: (III) would serve as models for the expansion of the pilot program to other locations, if the program is expanded under subsection (c);

    Inserted: (ii) take into consideration the value of the multiple resources of the covered land on which the sites are located; and

    Inserted: (iii) not select any site for which a right-of-way or special use permit for site testing or construction has been issued under--

    Inserted: (I) title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.); or

    Inserted: (II) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.).

    Inserted: (3) Lease sales.--

    Inserted: (A) In general.--Except as provided in paragraph (4)(B)(i), not later than 180 days after the date on which sites are selected under paragraph (2), the Secretaries shall offer each site for competitive leasing to bidders that the Secretaries determine to be qualified under subparagraph (C) under such terms and conditions as are required by the Secretaries.

    Inserted: (B) Bidding systems.--

    Inserted: (i) In general.--In offering the sites for lease, the Secretaries may vary the bidding system selected by the Secretaries, including--

    Inserted: (I) cash bonus bids with a requirement for payment of the royalty established under this subtitle;

    Inserted: (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 subtitle, together with a fixed cash bonus; or

    Inserted: (III) such other bidding system as the Secretaries determine will ensure a fair return to the public, consistent with the royalty established under this subtitle.

    Inserted: (ii) Round.--The Secretaries shall limit bidding to 1 round in any lease sale.

    Inserted: (C) Bidder qualifications.--Before conducting a lease sale under this section, the Secretaries shall--

    Inserted: (i) establish qualifications for bidders that ensure the bidders--

    Inserted: (I) are able to expeditiously develop a wind or solar energy project on the site for lease;

    Inserted: (II) possess--

    Inserted: (aa) the financial resources necessary to complete a project;

    Inserted: (bb) knowledge of the technology needed to complete a project; and

    Inserted: (cc) such other qualifications as the Secretaries determine to be necessary; and

    Inserted: (III) meet eligibility requirements that are substantially similar to the eligibility requirements for leasing that apply under the first section of the Mineral Leasing Act (30 U.S.C. 181); and

    Inserted: (ii) using the requirements established under clause (i), determine whether a person is qualified to be a bidder on a site offered for lease under this subsection.

    Inserted: (D) Credit for bid preparation expenditures.--If more than 1 bid is submitted with respect to a site offered for lease under this subsection on the date of the lease sale, the Secretaries shall give credit to each person who submitted a bid with respect to the site for expenditures the person incurred in the preparation of the bid.

    Inserted: (4) Lease terms.--

    Inserted: (A) In general.--The Secretaries may establish such lease terms and conditions with respect to any site offered for lease under this subsection as the Secretaries consider appropriate, including the duration of the lease.

    Inserted: (B) Data collection.--As part of the pilot program, the Secretaries shall--

    Inserted: (i) offer on a noncompetitive basis a short-term lease with respect to at least 1 site for data collection; and

    Inserted: (ii) on the expiration of the short-term lease described in clause (i), 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 or to develop the site during the short-term lease.

    Inserted: (5) Revenues.--Subject to section 213, the Secretaries may collect bonus bids, royalties, fees, or other payments (except rental payments) with respect to sites offered for lease under this subsection.

    Inserted: (6) Report.--Not later than 90 days after the date on which the Secretaries conduct the final lease sale under this subsection, the Secretaries shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report that describes the results of the pilot program, including--

    Inserted: (A) the level of competitive interest;

    Inserted: (B) a summary of bids and revenues received; and

    Inserted: (C) any other factors that may have impacted the lease sale process.

    Inserted: (7) Other laws.--

    Inserted: (A) Compliance with land management and environmental laws.--In offering sites for lease under this subsection, the Secretary concerned shall comply with--

    Inserted: (i) all Federal laws applicable to public land or National Forest System land;

    Inserted: (ii) applicable Federal and State environmental laws; and

    Inserted: (iii) any other relevant laws.

    Inserted: (B) Applicability to wind and solar energy projects under other federal law.--Nothing in this subsection prohibits the Secretaries from issuing rights-of-way or special use permits with respect to wind and solar energy projects in compliance with other Federal laws (including regulations) in effect on the date of enactment of this Act.

    Inserted: (8) Enforcement of federal land policy management.--

    Inserted: (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 sites on covered land offered for lease under this subsection.

    Inserted: (B) Effect on enforcement authority under other federal law.--Nothing in this subsection reduces or limits the enforcement authority vested in the Secretaries or the Attorney General on covered land under any other Federal law.

    Inserted: (b) Temporary Extension of Pilot Program.--Until the date on which final regulations are promulgated under subsection (c)(4), the Secretaries--

    Inserted: (1) shall continue to carry out the pilot program on the sites offered for lease under subsection (a); and

    Inserted: (2) as the Secretaries determine to be necessary, may extend any lease issued under subsection (a) under the same terms and conditions applicable to the lease on the date of the lease sale.

    Inserted: (c) Expansion of Pilot Program to All Covered Land.--

    Inserted: (1) Joint determination required; expansion.--The Secretaries shall--

    Inserted: (A) not later than 5 years after the date of enactment of this Act, jointly determine whether to expand the pilot program to all covered land, including sites with respect to which leases were issued under subsection (a); and

    Inserted: (B) if the Secretaries determine to expand the pilot program under subparagraph (A), expand the pilot program.

    Inserted: (2) Consideration; consultation.--In making a determination under paragraph (1)(A), the Secretaries shall--

    Inserted: (A) take into consideration the results of the pilot program;

    Inserted: (B) consult with--

    Inserted: (i) the heads of Federal agencies and relevant State agencies (including State fish and wildlife agencies);

    Inserted: (ii) interested States, Indian tribes, and local governments;

    Inserted: (iii) representatives of the solar and wind energy industries;

    Inserted: (iv) representatives of the environment, conservation, and outdoor sporting communities; and

    Inserted: (v) the public; and

    Inserted: (C) consider whether the expansion of the pilot program--

    Inserted: (i) provides an effective means of developing wind or solar energy; and

    Inserted: (ii) is in the public interest.

    Inserted: (3) Report on joint determination.--Not later than 60 days after the date on which the Secretaries make a determination under paragraph (1)(A) to expand the pilot program, the Secretaries jointly shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and

    Inserted: the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report describing the basis and findings for the determination.

    Inserted: (4) Regulations to implement expansion.--Not later than 1 year after making a determination to expand the pilot program under paragraph (1)(A), the Secretaries jointly shall promulgate final regulations to implement this subtitle.

    Inserted: (5) Applicability of provisions of pilot program to expanded program.--

    Inserted: (A) In general.--Except as provided in subparagraph (B), paragraphs (3), (7), and (8) of subsection (a) shall apply to covered land offered for lease under this subsection in the same manner as those paragraphs apply to sites offered for lease under subsection (a).

    Inserted: (B) Competitive leasing not required under certain circumstances.--The requirement under subsection (a)(3) that a lease be sold on a competitive basis shall not apply to a lease issued under this subsection if the Secretary or the Secretary of Agriculture, as applicable, determines that--

    Inserted: (i) no competitive interest exists for the covered land offered for lease;

    Inserted: (ii) the public interest would not be served by the competitive issuance of a lease with respect to the covered land; or

    Inserted: (iii) the lease is for a purpose described in paragraph (7)(A)(ii).

    Inserted: (6) Payments.--

    Inserted: (A) In general.--Subject to section 213, the Secretaries jointly shall establish fees, bonuses, or other payments (except rental payments) to ensure a fair return to the United States for any lease issued under this subsection.

    Inserted: (B) Bonus bids.--The Secretary concerned may grant credit toward any bonus bid for a qualified expenditure by the holder of a lease described in paragraph (7)(A)(ii) in any competitive lease sale held for a long-term lease of the covered land that is the subject of the lease described in that paragraph.

    Inserted: (7) Lease duration, administration, and readjustment.--

    Inserted: (A) Duration.--

    Inserted: (i) In general.--Except as provided in clause (ii), a lease issued under this subsection shall be for--

    Inserted: (I) an initial term of 30 years; and

    Inserted: (II) any additional period after the initial 25-year term during which electricity is being produced annually in commercial quantities from the lease.

    Inserted: (ii) Data collection leases.--In the case of a lease issued under this subsection 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, the lease shall have a term of not more than 5 years.

    Inserted: (B) Administration.--The Secretaries jointly shall establish terms and conditions for the issuance, transfer, renewal, suspension, and cancellation of a lease issued under this subsection.

    Inserted: (C) Readjustment provision required.--Each lease issued under this subsection shall provide for readjustment in accordance with subparagraph (A).

    Inserted: (8) Surface-disturbing activities.--The Secretaries jointly shall promulgate regulations regarding surface-disturbing activities conducted under any lease issued under this subsection, including any reclamation and other actions necessary to conserve and offset impacts to surface resources.

    Inserted: (9) Security.--

    Inserted: (A) In general.--The Secretaries shall require that the holder of a lease issued under this subsection shall--

    Inserted: (i) furnish a surety bond or other form of security, as prescribed by the Secretaries;

    Inserted: (ii) provide for the reclamation and restoration of the covered land that is the subject of the lease; and

    Inserted: (iii) comply with such other requirements as the Secretaries consider to be necessary to protect the interests of the public and the United States.

    Inserted: (B) Periodic review.--Not less frequently than once every 5 years, the Secretaries shall conduct a review of the adequacy of a surety bond or other form of security provided by the holder of a lease issued under this subsection.

    Inserted: SEC. 213. ROYALTIES.

    Inserted: (a) In General.--The Secretaries shall--

    Inserted: (1) require as a term and condition of any lease issued under section 212, the payment of a royalty; and

    Inserted: (2) pursuant to a joint rulemaking, establish those royalties as a percentage of the gross proceeds from the sale of electricity produced on covered land that is the subject of the lease at a rate that--

    Inserted: (A) encourages production of solar or wind energy;

    Inserted: (B) ensures a fair return to the public comparable to the return that would be obtained on State or private land; and

    Inserted: (C) encourages the maximum energy generation while disturbing the least quantity of covered land and other natural resources, including water.

    Inserted: (b) Factor for Consideration.--In establishing the royalties under subsection (a), the Secretaries shall take into consideration the relative capacity factors of wind and solar energy projects.

    Inserted: (c) Exclusive Payment on Sale of Electricity.--The royalty under subsection (a) shall be the only rent, royalty, or similar payment to the Federal Government required with respect to the sale of electricity produced under a lease issued under section 212.

    Inserted: (d) Royalty Relief.--The Secretaries may reduce the royalty rate established under subsection (a) if the holder of a lease issued under this subtitle demonstrates to the satisfaction of the Secretaries by clear and convincing evidence that--

    Inserted: (1) collection of the full royalty would unreasonably burden energy generation on covered land that is the subject of the lease; and

    Inserted: (2) the royalty reduction is in the public interest.

    Inserted: (e) Enforcement.--

    Inserted: (1) Auditing system.--The Secretaries jointly shall establish a comprehensive inspection, collection, fiscal, and production accounting and auditing system--

    Inserted: (A) to accurately determine royalties, interest, fines, penalties, fees, deposits, and other payments owed under this subtitle; and

    Inserted: (B) to collect and account for the payments in a timely manner.

    Inserted: (2) Applicability of federal oil and gas royalty management act.--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 issued under this subtitle with respect to wind and solar energy projects in the same manner as that Act applies to oil and gas leases.

    Inserted: (f) Report on Royalties.--Not later than 5 years after the date of enactment of this Act and not less frequently than once every 5 years thereafter, the Secretary, in consultation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report that includes a review of the collections and impacts of the royalties and fees collected under this subtitle, including--

    Inserted: (1) the total revenues received (expressed by category) on an annual basis as royalties from wind, solar, and geothermal development and production, specified by energy source, on covered land;

    Inserted: (2) whether the revenues received for the development of wind, solar, and geothermal development are comparable to the revenues received for similar development on State or private land;

    Inserted: (3) any impact on the development of wind, solar, or geothermal development and production on covered land as a result of the royalties; and

    Inserted: (4) 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.

    Inserted: (g) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretaries jointly shall promulgate final regulations to carry out this section.

    Inserted: SEC. 214. DISPOSITION OF ROYALTY REVENUES.

    Inserted: (a) Allocation of Revenue.--Effective beginning on the date of enactment of this Act, all amounts collected by the Secretaries as royalties or bonuses under subsection (a)(5) or (c)(6) of section 212 shall be distributed as follows:

    Inserted: (1) 25 percent shall be paid by the Secretary of the Treasury to States within the boundaries of which the royalties or bonuses are derived, to be allocated among those States based on the percentage of covered land from which the royalties or bonuses are derived in each State.

    Inserted: (2) 25 percent shall be paid by the Secretary of the Treasury to the counties within the boundaries of which the royalties or bonuses are derived, to be allocated among those counties based on the percentage of covered land from which the royalties or bonuses are derived in each county.

    Inserted: (3) 25 percent shall be deposited in the Fund.

    Inserted: (4) For the 15-year period beginning on the date of enactment of this Act, 15 percent shall be paid by the Secretary of the Treasury directly to the State offices of the Bureau of Land Management and the regional office of the Forest Service with jurisdiction over the areas from which the royalties or bonuses are derived for purposes of reducing the number of renewable energy permits that have not been processed before the date of enactment of this Act, to be allocated among those offices based on the percentage of covered land from which the royalties or bonuses are derived in each State.

    Inserted: (5) The remainder shall be deposited into the general fund of the Treasury for purposes of reducing the annual Federal budget deficit.

    Inserted: (b) Renewable Energy Resource Conservation Fund.--

    Inserted: (1) Establishment.--There is established in the Treasury of the United States a fund, to be known as the "Renewable Energy Resource Conservation Fund", to be administered by the Secretary, in consultation with the Secretary of Agriculture, for use in regions impacted by the development of wind or solar energy on public land.

    Inserted: (2) Use of funds.--The Secretary shall use amounts in the Fund to carry out activities and make payments to State agencies, Federal agencies, or other interested persons in regions described in paragraph (1) for--

    Inserted: (A) protecting and restoring important fish and wildlife habitat in the regions, including corridors, water resources, and other sensitive land; and

    Inserted: (B) ensuring and improving access to Federal land and water in the regions for hunting, fishing, and other forms of outdoor recreation in a manner consistent with the conservation of fish and wildlife habitat.

    Inserted: (3) Availability of amounts.--Amounts in the Fund shall be available for expenditure, in accordance with this subsection, without further appropriation and without fiscal year limitation.

    Inserted: (4) Investment.--

    Inserted: (A) In general.--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.

    Inserted: (B) Use.--Any interest earned under subparagraph (A) may be expended in accordance with this subsection.

    Inserted: (5) Mitigation requirements.--The expenditure of amounts under this subsection shall be separate and distinct from any mitigation requirement imposed pursuant to any law, regulation, or term or condition of any lease, right-of-way, or other authorization.

    Inserted: (c) Allocation for Permitting After Expiration of 15-year Period.--

    Inserted: (1) Certification by secretary.--At the end of the 15-year period described in paragraph (4) of subsection (a), the Secretary shall certify whether the State offices referred to in that paragraph have adequately reduced the renewable energy permitting backlog referred to in that paragraph.

    Inserted: (2) Allocation after certification.--If the Secretary certifies under paragraph (1) that--

    Inserted: (A) the State offices referred to in that paragraph have not adequately reduced the backlog referred to in that paragraph--

    Inserted: (i) the 15-year period described in subsection (a)(4) shall be extended by an additional 15-year period; and

    Inserted: (ii) payments shall continue to be made during that period as described in subsection (a)(4); or

    Inserted: (B) the State offices referred to in that paragraph have adequately reduced the backlog, of the amount otherwise required to be paid under subsection (a)(4)--

    Inserted: (i) \2/3\ shall be added to the amount deposited in the Fund; and

    Inserted: (ii) \1/3\ shall be deposited into the general fund of the Treasury for purposes of reducing the annual Federal budget deficit.

    Inserted: (d) Payments to States and Counties.--

    Inserted: (1) In general.--The amounts paid to States and counties under this section shall be used in a manner that is consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).

    Inserted: (2) Impacts.--Not less than 35 percent of the amounts paid to a State under this section for each fiscal year shall be used for the purposes described in subsection (b)(2) .

    Inserted: (3) Addition to pilt payments.--A payment to a county under this section shall be in addition to a payment received in lieu of taxes under chapter 69 of title 31, United States Code.

    Inserted: SEC. 215. STUDY AND REPORT ON MITIGATION BANKING.

    Inserted: (a) Study.--

    Inserted: (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall carry out a study to determine the feasibility of carrying out a mitigation banking program on Federal land administered by the Secretaries for purposes of fully offsetting the impacts of wind or solar energy on that Federal land.

    Inserted: (2) Contents.--The study under paragraph (1) shall--

    Inserted: (A) identify areas in which--

    Inserted: (i) privately owned land is not available to fully offset the impacts of wind or solar energy development on Federal land administered by the Secretaries; or

    Inserted: (ii) mitigation investments on that Federal land are likely to provide greater conservation value for the impacts of wind or solar energy development on the Federal land; and

    Inserted: (B) examine--

    Inserted: (i) the effectiveness of laws (including regulations) and policies in effect on the date of enactment of this Act in facilitating the development and effective operation of mitigation banks;

    Inserted: (ii) the advantages and disadvantages of using mitigation banks on Federal land administered by the Secretaries to mitigate impacts to natural resources on private, State, and tribal land; and

    Inserted: (iii) any changes in Federal law (including regulations) or policy necessary to advance development of a Federal mitigation banking program.

    Inserted: (b) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretaries jointly shall submit to Congress a report that includes--

    Inserted: (1) the recommendations of the Secretaries relating to--

    Inserted: (A) the most effective system for Federal land administered by the Secretaries to meet the goals of facilitating the development of a mitigation banking program on Federal land administered by the Secretaries; and

    Inserted: (B) any change to Federal law (including regulations) or policy necessary to address more effectively the siting, development, and management of mitigation banking programs on that Federal land to mitigate impacts to natural resources on private, State, and tribal land; and

    Inserted: (2) a description of any administrative action to be taken by the Secretaries in response to the recommendations.

    Inserted: (c) Availability to the Public.--Not later than 30 days after the date on which the report is submitted to Congress under subsection (b), the Secretaries shall make the report available to the public.

    Inserted: SEC. 216. RENEWABLE ENERGY POTENTIAL AT MILITARY INSTALLATIONS.

    Inserted: (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, shall conduct, and prepare for States that have not completed a comparable analysis a report describing the results of, a study that--

    Inserted: (1) identifies locations on land withdrawn from the public domain and reserved for military purposes that--

    Inserted: (A) exhibit a high potential for solar, wind, geothermal, or other renewable energy production;

    Inserted: (B) are disturbed or otherwise have comparatively low value for other resources; and

    Inserted: (C) 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

    Inserted: (2) 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.

    Inserted: (b) Environmental Impact Analysis.--The Secretary of Defense, in consultation with the Secretary, 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 under subsection (a) as suitable for the production.

    Inserted: (c) Submission to Congress.--On completion of the report under subsection (a), the Secretary and the Secretary of Defense jointly shall submit the report to--

    Inserted: (1) the Committee on Armed Services of the Senate;

    Inserted: (2) the Committee on Energy and Natural Resources of the Senate;

    Inserted: (3) the Committee on Armed Services of the House Representatives; and

    Inserted: (4) the Committee on Natural Resources of the House of Representatives.

    Original wording

    At the end of the bill, add the following:

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As printed

SA 3593. Mr. HELLER submitted an amendment intended to be proposed by him to the bill S. 2569, to provide an incentive for businesses to bring jobs back to America; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

TITLE II--PUBLIC LAND RENEWABLE ENERGY DEVELOPMENT

Subtitle A--Geothermal Energy SEC. 201. EXTENSION OF FUNDING FOR IMPLEMENTATION OF ENERGY POLICY ACT OF 2005.

(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 [2015] 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.”.

SEC. 202. CATEGORICAL EXCLUSION FOR GEOTHERMAL DRILLING.

Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall establish a new categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for geothermal drilling activities on any National Forest System land or public land (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that were reviewed under the programmatic environmental impact statement relating to the authorization of geothermal leasing completed in October 2008.

Subtitle B--Development of Wind and Solar Energy on Certain Federal Land SEC. 211. DEFINITIONS.

In this subtitle:

(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 final land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(ii) a final land and resource management plan established under the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); or

(iii) other Federal law.

(2) Fund.--The term “Fund” means the Renewable Energy Resource Conservation Fund established by section 214(b)(1).

(3) Pilot program.--The term “pilot program” means the wind and solar leasing pilot program established under section 212(a)(1).

(4) 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).

(5) 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.

(6) Secretary.--The term “Secretary” means the Secretary of the Interior.

SEC. 212. DEVELOPMENT OF SOLAR AND WIND ENERGY ON COVERED LAND.

(a) Pilot Program.--

(1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretaries each shall establish a wind and solar leasing pilot program under which the Secretaries shall conduct lease sales of certain sites located on covered land for purposes of carrying out wind and solar energy projects.

(2) Selection of sites.--

(A) In general.--Not later than 90 days after the date the pilot program is established under paragraph (1), the Secretaries shall each select from covered land--

(i) 1 site for the development of a solar energy project; and

(ii) 1 site for the development of a wind energy project.

(B) Site selection.--In selecting sites under subparagraph (A), the Secretaries shall--

(i) give a preference to sites that the Secretaries determine--

(I) are likely to attract a high level of wind and solar energy industry interest;

(II) have a comparatively low value for resources, other than wind and solar energy; and

(III) would serve as models for the expansion of the pilot program to other locations, if the program is expanded under subsection (c);

(ii) take into consideration the value of the multiple resources of the covered land on which the sites are located; and

(iii) not select any site for which a right-of-way or special use permit for site testing or construction has been issued under--

(I) title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.); or

(II) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.).

(3) Lease sales.--

(A) In general.--Except as provided in paragraph (4)(B)(i), not later than 180 days after the date on which sites are selected under paragraph (2), the Secretaries shall offer each site for competitive leasing to bidders that the Secretaries determine to be qualified under subparagraph (C) under such terms and conditions as are required by the Secretaries.

(B) Bidding systems.--

(i) In general.--In offering the sites for lease, the Secretaries may vary the bidding system selected by the Secretaries, including--

(I) cash bonus bids with a requirement for payment of the royalty established under this subtitle;

(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 subtitle, together with a fixed cash bonus; or

(III) such other bidding system as the Secretaries determine will ensure a fair return to the public, consistent with the royalty established under this subtitle.

(ii) Round.--The Secretaries shall limit bidding to 1 round in any lease sale.

(C) Bidder qualifications.--Before conducting a lease sale under this section, the Secretaries shall--

(i) establish qualifications for bidders that ensure the bidders--

(I) are able to expeditiously develop a wind or solar energy project on the site for lease;

(II) possess--

(aa) the financial resources necessary to complete a project;

(bb) knowledge of the technology needed to complete a project; and

(cc) such other qualifications as the Secretaries determine to be necessary; and

(III) meet eligibility requirements that are substantially similar to the eligibility requirements for leasing that apply under the first section of the Mineral Leasing Act (30 U.S.C. 181); and

(ii) using the requirements established under clause (i), determine whether a person is qualified to be a bidder on a site offered for lease under this subsection.

(D) Credit for bid preparation expenditures.--If more than 1 bid is submitted with respect to a site offered for lease under this subsection on the date of the lease sale, the Secretaries shall give credit to each person who submitted a bid with respect to the site for expenditures the person incurred in the preparation of the bid.

(4) Lease terms.--

(A) In general.--The Secretaries may establish such lease terms and conditions with respect to any site offered for lease under this subsection as the Secretaries consider appropriate, including the duration of the lease.

(B) Data collection.--As part of the pilot program, the Secretaries shall--

(i) offer on a noncompetitive basis a short-term lease with respect to at least 1 site for data collection; and

(ii) on the expiration of the short-term lease described in clause (i), 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 or to develop the site during the short-term lease.

(5) Revenues.--Subject to section 213, the Secretaries may collect bonus bids, royalties, fees, or other payments (except rental payments) with respect to sites offered for lease under this subsection.

(6) Report.--Not later than 90 days after the date on which the Secretaries conduct the final lease sale under this subsection, the Secretaries shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report that describes the results of the pilot program, including--

(A) the level of competitive interest;

(B) a summary of bids and revenues received; and

(C) any other factors that may have impacted the lease sale process.

(7) Other laws.--

(A) Compliance with land management and environmental laws.--In offering sites for lease under this subsection, the Secretary concerned shall comply with--

(i) all Federal laws applicable to public land or National Forest System land;

(ii) applicable Federal and State environmental laws; and

(iii) any other relevant laws.

(B) Applicability to wind and solar energy projects under other federal law.--Nothing in this subsection prohibits the Secretaries from issuing rights-of-way or special use permits with respect to wind and solar energy projects in compliance with other Federal laws (including regulations) in effect on the date of enactment of this Act.

(8) Enforcement of federal land policy management.--

(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 sites on covered land offered for lease under this subsection.

(B) Effect on enforcement authority under other federal law.--Nothing in this subsection reduces or limits the enforcement authority vested in the Secretaries or the Attorney General on covered land under any other Federal law.

(b) Temporary Extension of Pilot Program.--Until the date on which final regulations are promulgated under subsection (c)(4), the Secretaries--

(1) shall continue to carry out the pilot program on the sites offered for lease under subsection (a); and

(2) as the Secretaries determine to be necessary, may extend any lease issued under subsection (a) under the same terms and conditions applicable to the lease on the date of the lease sale.

(c) Expansion of Pilot Program to All Covered Land.--

(1) Joint determination required; expansion.--The Secretaries shall--

(A) not later than 5 years after the date of enactment of this Act, jointly determine whether to expand the pilot program to all covered land, including sites with respect to which leases were issued under subsection (a); and

(B) if the Secretaries determine to expand the pilot program under subparagraph (A), expand the pilot program.

(2) Consideration; consultation.--In making a determination under paragraph (1)(A), the Secretaries shall--

(A) take into consideration the results of the pilot program;

(B) consult with--

(i) the heads of Federal agencies and relevant State agencies (including State fish and wildlife agencies);

(ii) interested States, Indian tribes, and local governments;

(iii) representatives of the solar and wind energy industries;

(iv) representatives of the environment, conservation, and outdoor sporting communities; and

(v) the public; and

(C) consider whether the expansion of the pilot program--

(i) provides an effective means of developing wind or solar energy; and

(ii) is in the public interest.

(3) Report on joint determination.--Not later than 60 days after the date on which the Secretaries make a determination under paragraph (1)(A) to expand the pilot program, the Secretaries jointly shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and

the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report describing the basis and findings for the determination.

(4) Regulations to implement expansion.--Not later than 1 year after making a determination to expand the pilot program under paragraph (1)(A), the Secretaries jointly shall promulgate final regulations to implement this subtitle.

(5) Applicability of provisions of pilot program to expanded program.--

(A) In general.--Except as provided in subparagraph (B), paragraphs (3), (7), and (8) of subsection (a) shall apply to covered land offered for lease under this subsection in the same manner as those paragraphs apply to sites offered for lease under subsection (a).

(B) Competitive leasing not required under certain circumstances.--The requirement under subsection (a)(3) that a lease be sold on a competitive basis shall not apply to a lease issued under this subsection if the Secretary or the Secretary of Agriculture, as applicable, determines that--

(i) no competitive interest exists for the covered land offered for lease;

(ii) the public interest would not be served by the competitive issuance of a lease with respect to the covered land; or

(iii) the lease is for a purpose described in paragraph (7)(A)(ii).

(6) Payments.--

(A) In general.--Subject to section 213, the Secretaries jointly shall establish fees, bonuses, or other payments (except rental payments) to ensure a fair return to the United States for any lease issued under this subsection.

(B) Bonus bids.--The Secretary concerned may grant credit toward any bonus bid for a qualified expenditure by the holder of a lease described in paragraph (7)(A)(ii) in any competitive lease sale held for a long-term lease of the covered land that is the subject of the lease described in that paragraph.

(7) Lease duration, administration, and readjustment.--

(A) Duration.--

(i) In general.--Except as provided in clause (ii), a lease issued under this subsection shall be for--

(I) an initial term of 30 years; and

(II) any additional period after the initial 25-year term during which electricity is being produced annually in commercial quantities from the lease.

(ii) Data collection leases.--In the case of a lease issued under this subsection 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, the lease shall have a term of not more than 5 years.

(B) Administration.--The Secretaries jointly shall establish terms and conditions for the issuance, transfer, renewal, suspension, and cancellation of a lease issued under this subsection.

(C) Readjustment provision required.--Each lease issued under this subsection shall provide for readjustment in accordance with subparagraph (A).

(8) Surface-disturbing activities.--The Secretaries jointly shall promulgate regulations regarding surface-disturbing activities conducted under any lease issued under this subsection, including any reclamation and other actions necessary to conserve and offset impacts to surface resources.

(9) Security.--

(A) In general.--The Secretaries shall require that the holder of a lease issued under this subsection shall--

(i) furnish a surety bond or other form of security, as prescribed by the Secretaries;

(ii) provide for the reclamation and restoration of the covered land that is the subject of the lease; and

(iii) comply with such other requirements as the Secretaries consider to be necessary to protect the interests of the public and the United States.

(B) Periodic review.--Not less frequently than once every 5 years, the Secretaries shall conduct a review of the adequacy of a surety bond or other form of security provided by the holder of a lease issued under this subsection.

SEC. 213. ROYALTIES.

(a) In General.--The Secretaries shall--

(1) require as a term and condition of any lease issued under section 212, the payment of a royalty; and

(2) pursuant to a joint rulemaking, establish those royalties as a percentage of the gross proceeds from the sale of electricity produced on covered land that is the subject of the lease at a rate that--

(A) encourages production of solar or wind energy;

(B) ensures a fair return to the public comparable to the return that would be obtained on State or private land; and

(C) encourages the maximum energy generation while disturbing the least quantity of covered land and other natural resources, including water.

(b) Factor for Consideration.--In establishing the royalties under subsection (a), the Secretaries shall take into consideration the relative capacity factors of wind and solar energy projects.

(c) Exclusive Payment on Sale of Electricity.--The royalty under subsection (a) shall be the only rent, royalty, or similar payment to the Federal Government required with respect to the sale of electricity produced under a lease issued under section 212.

(d) Royalty Relief.--The Secretaries may reduce the royalty rate established under subsection (a) if the holder of a lease issued under this subtitle demonstrates to the satisfaction of the Secretaries by clear and convincing evidence that--

(1) collection of the full royalty would unreasonably burden energy generation on covered land that is the subject of the lease; and

(2) the royalty reduction is in the public interest.

(e) Enforcement.--

(1) Auditing system.--The Secretaries jointly shall establish a comprehensive inspection, collection, fiscal, and production accounting and auditing system--

(A) to accurately determine royalties, interest, fines, penalties, fees, deposits, and other payments owed under this subtitle; and

(B) to collect and account for the payments in a timely manner.

(2) Applicability of federal oil and gas royalty management act.--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 issued under this subtitle with respect to wind and solar energy projects in the same manner as that Act applies to oil and gas leases.

(f) Report on Royalties.--Not later than 5 years after the date of enactment of this Act and not less frequently than once every 5 years thereafter, the Secretary, in consultation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report that includes a review of the collections and impacts of the royalties and fees collected under this subtitle, including--

(1) the total revenues received (expressed by category) on an annual basis as royalties from wind, solar, and geothermal development and production, specified by energy source, on covered land;

(2) whether the revenues received for the development of wind, solar, and geothermal development are comparable to the revenues received for similar development on State or private land;

(3) any impact on the development of wind, solar, or geothermal development and production on covered land as a result of the royalties; and

(4) 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 jointly shall promulgate final regulations to carry out this section.

SEC. 214. DISPOSITION OF ROYALTY REVENUES.

(a) Allocation of Revenue.--Effective beginning on the date of enactment of this Act, all amounts collected by the Secretaries as royalties or bonuses under subsection (a)(5) or (c)(6) of section 212 shall be distributed as follows:

(1) 25 percent shall be paid by the Secretary of the Treasury to States within the boundaries of which the royalties or bonuses are derived, to be allocated among those States based on the percentage of covered land from which the royalties or bonuses are derived in each State.

(2) 25 percent shall be paid by the Secretary of the Treasury to the counties within the boundaries of which the royalties or bonuses are derived, to be allocated among those counties based on the percentage of covered land from which the royalties or bonuses are derived in each county.

(3) 25 percent shall be deposited in the Fund.

(4) For the 15-year period beginning on the date of enactment of this Act, 15 percent shall be paid by the Secretary of the Treasury directly to the State offices of the Bureau of Land Management and the regional office of the Forest Service with jurisdiction over the areas from which the royalties or bonuses are derived for purposes of reducing the number of renewable energy permits that have not been processed before the date of enactment of this Act, to be allocated among those offices based on the percentage of covered land from which the royalties or bonuses are derived in each State.

(5) The remainder shall be deposited into the general fund of the Treasury for purposes of reducing the annual Federal budget deficit.

(b) Renewable Energy Resource Conservation Fund.--

(1) Establishment.--There is established in the Treasury of the United States a fund, to be known as the “Renewable Energy Resource Conservation Fund”, to be administered by the Secretary, in consultation with the Secretary of Agriculture, for use in regions impacted by the development of wind or solar energy on public land.

(2) Use of funds.--The Secretary shall use amounts in the Fund to carry out activities and make payments to State agencies, Federal agencies, or other interested persons in regions described in paragraph (1) for--

(A) protecting and restoring important fish and wildlife habitat in the regions, including corridors, water resources, and other sensitive land; and

(B) ensuring and improving access to Federal land and water in the regions for hunting, fishing, and other forms of outdoor recreation in a manner consistent with the conservation of fish and wildlife habitat.

(3) Availability of amounts.--Amounts in the Fund shall be available for expenditure, in accordance with this subsection, without further appropriation and without fiscal year limitation.

(4) Investment.--

(A) In general.--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.

(5) Mitigation requirements.--The expenditure of amounts under this subsection shall be separate and distinct from any mitigation requirement imposed pursuant to any law, regulation, or term or condition of any lease, right-of-way, or other authorization.

(c) Allocation for Permitting After Expiration of 15-year Period.--

(1) Certification by secretary.--At the end of the 15-year period described in paragraph (4) of subsection (a), the Secretary shall certify whether the State offices referred to in that paragraph have adequately reduced the renewable energy permitting backlog referred to in that paragraph.

(2) Allocation after certification.--If the Secretary certifies under paragraph (1) that--

(A) the State offices referred to in that paragraph have not adequately reduced the backlog referred to in that paragraph--

(i) the 15-year period described in subsection (a)(4) shall be extended by an additional 15-year period; and

(ii) payments shall continue to be made during that period as described in subsection (a)(4); or

(B) the State offices referred to in that paragraph have adequately reduced the backlog, of the amount otherwise required to be paid under subsection (a)(4)--

(i) \2/3\ shall be added to the amount deposited in the Fund; and

(ii) \1/3\ shall be deposited into the general fund of the Treasury for purposes of reducing the annual Federal budget deficit.

(d) Payments to States and Counties.--

(1) In general.--The amounts paid to States and counties under this section shall be used in a manner that is consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).

(2) Impacts.--Not less than 35 percent of the amounts paid to a State under this section for each fiscal year shall be used for the purposes described in subsection (b)(2) .

(3) Addition to pilt payments.--A payment to a county under this section shall be in addition to a payment received in lieu of taxes under chapter 69 of title 31, United States Code.

SEC. 215. STUDY AND REPORT ON MITIGATION BANKING.

(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 to determine the feasibility of carrying out a mitigation banking program on Federal land administered by the Secretaries for purposes of fully offsetting the impacts of wind or solar energy on that Federal land.

(2) Contents.--The study under paragraph (1) shall--

(A) identify areas in which--

(i) privately owned land is not available to fully offset the impacts of wind or solar energy development on Federal land administered by the Secretaries; or

(ii) mitigation investments on that Federal land are likely to provide greater conservation value for the impacts of wind or solar energy development on the Federal 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 and effective operation of mitigation banks;

(ii) the advantages and disadvantages of using mitigation banks on Federal land administered by the Secretaries to mitigate impacts to natural resources on private, State, and tribal land; and

(iii) any changes in Federal law (including regulations) or policy necessary to advance development of a Federal mitigation banking program.

(b) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretaries jointly shall submit to Congress a report that includes--

(1) the recommendations of the Secretaries relating to--

(A) the most effective system for Federal land administered by the Secretaries to meet the goals of facilitating the development of a mitigation banking program on Federal land administered by the Secretaries; and

(B) any change to Federal law (including regulations) or policy necessary to address more effectively the siting, development, and management of mitigation banking programs on that Federal land to mitigate impacts to natural resources on private, State, and tribal land; and

(2) a description of 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 is submitted to Congress under subsection (b), the Secretaries shall make the report available to the public.

SEC. 216. RENEWABLE ENERGY POTENTIAL AT MILITARY INSTALLATIONS.

(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, shall conduct, and prepare for States that have not completed a comparable analysis a report describing the results of, a study that--

(1) identifies locations on land withdrawn from the public domain and reserved for military purposes that--

(A) exhibit a high potential for solar, wind, geothermal, or other renewable energy production;

(B) are disturbed or otherwise have comparatively low value for other resources; and

(C) 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

(2) 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) Environmental Impact Analysis.--The Secretary of Defense, in consultation with the Secretary, 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 under subsection (a) as suitable for the production.

(c) Submission to Congress.--On completion of the report under subsection (a), the Secretary and the Secretary of Defense jointly shall submit the report to--

(1) the Committee on Armed Services of the Senate;

(2) the Committee on Energy and Natural Resources of the Senate;

(3) the Committee on Armed Services of the House Representatives; and

(4) the Committee on Natural Resources of the House of Representatives.

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Senate amendment submitted

July 23, 2014