To promote the development of renewable energy on public land.

SA 3286. Mr. HELLER (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 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

SEC. 3011A. DEFINITIONS.

In this subpart:
(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) 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.
(3) 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.
(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) 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. 3011B. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC
ENVIRONMENTAL IMPACT STATEMENTS.

(a) Priority Areas.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish priority areas on
covered land for geothermal, solar, and wind energy projects.
(2) Deadline.--
(A) Geothermal energy.--For geothermal energy, the
Secretary 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 solar energy zones
established by the 2012 western solar plan of the Bureau of
Land Management shall be considered to be priority areas for
solar energy projects.
(C) Wind energy.--For wind energy, the Secretary shall
establish priority areas as soon as practicable, but not
later than 3 years, after the date of enactment of this Act.
(b) Variance Areas.--To the maximum extent practicable,
variance areas shall be considered for renewable energy
project development, consistent with the principles of
multiple use as defined in the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(c) Review and Modification.--Not less frequently than once
every 10 years, the Secretary shall--
(1) 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
(2) based on the review carried out under paragraph (1),
add, modify, or eliminate priority, variance, and exclusion
areas.
(d) 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.
(e) 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.
(f) 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

[[Page S686]]

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 section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), including
subsection (c)(9) of that section.
(g) Removal From Classification.--In carrying out
subsections (a), (c), and (d), 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. 3011C. ENVIRONMENTAL REVIEW ON COVERED LAND.

(a) In General.--If the Secretary determines that a
proposed renewable energy project has been sufficiently
analyzed by a programmatic environmental impact statement
conducted under section 3011B(d), the Secretary 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 Secretary
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 Secretary shall rely on the analysis in the programmatic
environmental impact statement conducted under section
3011B(d), to the maximum extent practicable when analyzing
the potential impacts of the project.
(c) Relationship to Other Law.--Nothing in this section
modifies or supersedes any requirement under applicable law,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).

SEC. 3011D. 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 180 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section,
including to specifically expedite the environmental analysis
of applications for projects proposed in a variance area,
with--
(A) the Secretary of Agriculture; and
(B) the Assistant Secretary of the Army for Civil Works.
(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) Designation of Qualified Staff.--
(1) In general.--Not later than 90 days after the date on
which the memorandum of understanding under subsection (b) is
executed, all Federal signatories, as appropriate, shall
identify for each of the Bureau of Land Management Renewable
Energy Coordination Offices 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
(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) be responsible for addressing all issues relating to
the jurisdiction of the home office or agency of the
employee; and
(B) participate as part of the team of personnel working on
proposed energy projects, planning, monitoring, inspection,
enforcement, and environmental analyses.
(d) Additional Personnel.--The Secretary may assign
additional personnel for the renewable energy coordination
offices as are necessary to ensure the effective
implementation of any programs administered by those 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.).
(e) Renewable Energy Coordination Offices.--In implementing
the program established under this section, the Secretary may
establish additional renewable energy coordination offices or
temporarily assign the qualified staff described in
subsection (c) to a State, district, or field office of the
Bureau of Land Management to expedite the permitting of
renewable energy projects, as the Secretary determines to be
necessary.
(f) 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 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 subpart 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.
On page 244, line 14, strike ``Subpart B'' and insert
``Subpart C''.
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