S.Amdt. 3043

SA 3043. Mr. HELLER (for himself, Mr. Heinrich, Mr. Risch, Mr. Wyden,
Mr. Udall, Mr. Tester, Mr. Bennet, Mr. Daines, and Mr. Gardner)
submitted an amendment intended to be proposed to amendment SA 2953
proposed by Ms. Murkowski to the bill S.

[[Page S353]]

2012, to provide for the modernization of the energy policy of the
United States, and for other purposes; which was ordered to lie on the
table; as follows:

On page 244, between lines 13 and 14, insert the following:

Subpart B--Development of Geothermal, Solar, and Wind Energy on Public
Land

CHAPTER 1--EXTENSION OF FUNDING FOR GEOTHERMAL STEAM ACT OF 1970

SEC. 3011A. 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 2017 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.''.

CHAPTER 2--DEVELOPMENT OF GEOTHERMAL, SOLAR, AND WIND ENERGY ON PUBLIC
LAND

Subchapter A--Environmental Reviews and Permitting

SEC. 3011B. DEFINITIONS.

In this subchapter:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) public land administered by the Secretary; and
(B) not excluded from the development of geothermal, 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.);
or
(ii) other Federal law.
(2) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(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) 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.
(5) Renewable energy project.--The term ``renewable energy
project'' means a project carried out on covered land that
uses wind, solar, or geothermal energy to generate energy.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Variance area.--The term ``variance area'' means
covered land that is--
(A) not an exclusion area; and
(B) not a priority area.

SEC. 3011C. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC
ENVIRONMENTAL IMPACT STATEMENTS.

(a) Priority Areas.--
(1) In general.--The Director, in consultation with the
Secretary of Energy, shall establish variance areas on
covered land for geothermal, solar, and wind energy projects.
(2) Deadline.--
(A) Geothermal energy.--For geothermal energy, the Director
shall establish priority areas as soon as practicable, but
not later than 5 years, after the date of enactment of this
Act.
(B) Solar energy.--For solar energy, the 2012 western solar
plan of the Bureau of Land Management shall be considered to
establish priority areas for solar energy projects.
(C) Wind energy.--For wind energy, the Director shall
establish priority areas as soon as practicable, but not
later than 3 years, after the date of enactment of this Act.
(3) Review and modification.--Not less frequently than once
every 10 years, the Director shall--
(A) review the adequacy of land allocations for geothermal,
solar, and wind energy priority and variance areas for the
purpose of encouraging new renewable energy development
opportunities; and
(B) based on the review carried out under subparagraph (A),
add, modify, or eliminate priority, variance, and exclusion
areas.
(b) Compliance With the National Environmental Policy
Act.--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, by supplementing the October
2008 final programmatic environmental impact statement for
geothermal leasing in the western United States;
(2) for solar energy, by supplementing the July 2012 final
programmatic environmental impact statement for solar energy
projects; and
(3) for wind energy, by supplementing the July 2005 final
programmatic environmental impact statement for wind energy
projects.
(c) No Effect on Processing Applications.--A requirement to
prepare a supplement to a programmatic environmental impact
statement under this section shall not result in any delay in
processing an application for a renewable energy project.
(d) Coordination.--In developing a supplement required by
this section, the Secretary shall coordinate, on an ongoing
basis, with appropriate State, tribal, and local governments,
transmission infrastructure owners and operators, developers,
and other appropriate entities to ensure that priority areas
identified by the Secretary are--
(1) economically viable (including having access to
transmission);
(2) likely to avoid or minimize conflict with habitat for
animals and plants, recreation, and other uses of covered
land; and
(3) consistent with local planning efforts.
(e) Removal From Classification.--In carrying out
subsections (a), (b), and (c), if the Secretary determines an
area previously suited for development should be removed from
priority or variance classification, not later than 90 days
after the date of the determination, the Secretary shall
submit to Congress a report on the determination.

SEC. 3011D. ENVIRONMENTAL REVIEW ON COVERED LAND.

(a) In General.--If the Director determines that a proposed
renewable energy project has been sufficiently analyzed by a
programmatic environmental impact statement conducted under
section 3011C(b), the head of the applicable Federal agency
shall not require any additional review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Additional Environmental Review.--If the Director
determines that additional environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) is necessary for a proposed renewable energy project,
the head of the applicable Federal agency shall rely on the
analysis in the programmatic environmental impact statement
conducted under section 3011C(b), to the maximum extent
practicable when analyzing the potential impacts of the
project.

SEC. 3011E. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT
PERMIT COORDINATION.

(a) Establishment.--The Secretary shall establish a program
to improve Federal permit coordination with respect to
renewable energy projects on covered land.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section
with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental Protection
Agency; and
(C) the Chief of Engineers.
(2) State participation.--The Secretary may request the
Governor of any interested State to be a signatory to the
memorandum of understanding under paragraph (1).
(c) Intradepartmental Coordination.--The Secretary shall
establish an ombudsperson in the Office of the Secretary, who
shall be responsible for resolving intradepartmental disputes
between 2 or more of the following agencies:
(1) The United States Fish and Wildlife Service.
(2) The National Park Service.
(3) The Bureau of Land Management.
(d) Variance Areas.--
(1) In general.--In carrying out subsections (b) and (c),
the heads of the Federal agencies described in those
subsections shall consider entering into agreements and
memoranda of understanding to expedite the environmental
analysis of applications for projects proposed on covered
land determined by the Secretary to be a variance area under
section 3011C.
(2) Availability for renewable energy project
development.--To the maximum extent practicable, the variance
areas described in paragraph (1) shall be made available for
renewable energy project development, after completion of an
environmental impact statement or similar analysis required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including an environmental assessment
or finding of no significant impact under that Act, and
subject to the policies and procedures set forth by the
Secretary for evaluating variance applications in the
programmatic environmental impact statement described in
section 3011C(b).
(e) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date on
which the memorandum of understanding under subsection (b) is
executed, all Federal signatories, as appropriate, shall
assign to each of the field offices described in subsection
(f) an employee who has expertise in the regulatory issues
relating to the office in which the employee is employed,
including, as applicable, particular expertise in--
(A) consultation regarding, and preparation of, biological
opinions under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water Pollution
Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42 U.S.C.
7401 et seq.);
(D) planning under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a);
(E) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(F) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
and

[[Page S354]]

(G) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) not later than 90 days after the date of assignment,
report to field managers of the Bureau of Land Management in
the office to which the employee is assigned;
(B) be responsible for addressing all issues relating to
the jurisdiction of the home office or agency of the
employee; and
(C) participate as part of the team of personnel working on
proposed energy projects, planning, monitoring, inspection,
enforcement, and environmental analyses.
(f) Field Offices.--The field offices referred to in
subsection (e)(1) shall include field offices of the Bureau
of Land Management in, at a minimum, the States of Arizona,
California, Colorado, Idaho, Montana, Nevada, New Mexico,
Oregon, Utah, Washington, and Wyoming.
(g) Additional Personnel.--The Secretary shall assign to
each field office described in subsection (f) such additional
personnel as are necessary to ensure the effective
implementation of any programs administered by the field
offices, including inspection and enforcement relating to
renewable energy project development on covered land, in
accordance with the multiple use mandate of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(h) Report to Congress.--
(1) In general.--Not later than February 1 of the first
fiscal year beginning after the date of enactment of this
Act, and each February 1 thereafter, the Secretary shall
submit to the Chairperson and Ranking Member of the Committee
on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report describing the progress made
pursuant to the program under this chapter during the
preceding year.
(2) Inclusions.--Each report under this subsection shall
include--
(A) projections for renewable energy production and
capacity installations; and
(B) a description of any problems relating to leasing,
permitting, siting, or production.

Subchapter B--Revenues and Enforcement

SEC. 3011F. DEFINITIONS.

In this subchapter:
(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 use plan established under the National
Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); or
(iii) other Federal law.
(2) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))); or
(B) public land.
(3) Fund.--The term ``Fund'' means the Renewable Energy
Resource Conservation Fund established by section
3011G(c)(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. 3011G. DISPOSITION OF REVENUES.

(a) Disposition of Revenues.--Beginning on January 1, 2017,
subject to the availability of appropriations, and without
fiscal year limitation, of the amounts collected as bonus
bids, rentals, fees, or other payments under a right-of-way,
permit, lease, or other authorization (other than under
section 504(g) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1764(g))) 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
revenue 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 revenue is derived, to be allocated among the
counties based on the percentage of land from which the
revenue is derived;
(3) to be deposited in the Treasury and be made available
to the Secretary to carry out the program established by
section 3011E, 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, with priority given to using the
amounts, to the maximum extent practicable, to reducing the
backlog of renewable energy permits that have not been
processed in the State from which the revenues are derived--
(A) 25 percent for each of fiscal years 2016 through 2030;
(B) 22 percent for fiscal year 2031;
(C) 19 percent for fiscal year 2032;
(D) 16 percent for fiscal year 2033;
(E) 13 percent for fiscal year 2034; and
(F) 10 percent for fiscal year 2035 and each fiscal year
thereafter; and
(4) to be deposited in the Renewable Energy Resource
Conservation Fund established by subsection (c)--
(A) 25 percent for each of fiscal years 2016 through 2030;
(B) 28 percent for fiscal year 2031;
(C) 31 percent for fiscal year 2032;
(D) 34 percent for fiscal year 2033;
(E) 37 percent for fiscal year 2034; and
(F) 40 percent for fiscal year 2035 and each fiscal year
thereafter.
(b) Payments to States and Counties.--
(1) In general.--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) Payments in lieu of taxes.--A payment to a county under
paragraph (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'', to be administered by the Secretary, in
consultation with the Secretary of Agriculture, who may make
funds available to Secretary of Agriculture, Federal or State
agencies, or qualified third parties, to be distributed in a
region in which a renewable energy project is located on
Federal land, for the purposes of--
(A) 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 affected by wind or solar
energy development; and
(B) preserving and improving recreational access to Federal
land and water in an affected 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 significantly
restricted.
(2) 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.
(3) Intent of congress.--It is the intent of Congress that
the revenues deposited and used in the Fund shall supplement
and not supplant annual appropriations for conservation
activities described in subparagraphs (A) and (B) of
paragraph (1).

SEC. 3011H. REPORT TO CONGRESS.

(a) In General.--Not later than 10 years after the date of
enactment of this Act and every 10 years thereafter, the
Secretary, in consultation with the Secretary of Agriculture,
shall--
(1) complete a review of collections and impacts of the
rents and fees provided under this subchapter; and
(2) submit to the Committees on Energy and Natural
Resources and Agriculture, Nutrition, and Forestry of the
Senate and the Committees on Natural Resources and
Agriculture of the House of Representatives a report
describing the results of the review.
(b) Topics.--The report shall address--
(1) the total revenues received (by category) on an annual
basis as rents 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--
(A) ensure a fair return to the public comparable to the
revenues received for similar development on State and
private land;
(B) encourage production of solar or wind energy; and
(C) encourage the maximum energy generation while
disturbing the least quantity of covered land and other
natural resources, including water;
(3) any impact on the development of wind, solar, and
geothermal development and production on covered land as a
result of the rents; 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 rents.

SEC. 3011I. ENFORCEMENT OF 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 rents, interest, fines,
penalties, fees, deposits, and other payments owed under this
subchapter; and
(2) to collect and account for the payments in a timely
manner.
(b) Enforcement.--
(1) 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 subchapter.

[[Page S355]]

(2) Applicability of other enforcement provisions.--Nothing
in this subchapter reduces or limits the enforcement
authority vested in the Secretary or the Attorney General by
any other law.

SEC. 3011J. 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 renewable energy projects under this subchapter 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.
On page 244, line 14, strike ``Subpart B'' and insert
``Subpart C''.
______