II
111th CONGRESS
2d Session
S. 3482
IN THE SENATE OF THE UNITED STATES
June 10, 2010
Mr. Reid introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To provide for the development of solar pilot project areas on public land in Lincoln County, Nevada.
Short title
This Act may be cited as the
American Solar Energy Pilot Leasing
Act of 2010
.
Definitions
In this Act:
County
The term County means Lincoln County, Nevada.
Federal land
The term Federal land
means any of the
Federal land in the State under the administrative jurisdiction of the Bureau
of Land Management that is identified as a solar development
zone
on the maps.
Fund
The
term Fund
means the Renewable Energy Mitigation and Fish and
Wildlife Fund established by section 3(d)(5)(A).
Map
The
term map
means each of—
the map entitled
Dry Lake Valley Solar Development Zone
and dated May 25, 2010;
and
the map entitled
Delamar Valley Solar Development Zone
and dated May 25,
2010.
Secretary
The
term Secretary
means the Secretary of the Interior, acting
through the Director of the Bureau of Land Management.
State
The
term State
means the State of Nevada.
Development of solar pilot project areas on public land in Lincoln County, Nevada
Designation
In accordance with sections 201 and 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712) and subject to valid existing rights, the Secretary shall designate the Federal land as a solar pilot project area.
Applicable law
The designation of the solar pilot project area under subsection (a) shall be subject to the requirements of—
this Act;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any other applicable law (including regulations).
Solar lease sales
In general
The Secretary shall conduct lease sales and issue leases for commercial solar energy development on the Federal land, in accordance with this subsection.
Deadline for lease sales
Not later than 60 days after the date of enactment of this Act, the Secretary, after consulting with affected governments and other stakeholders, shall conduct lease sales for the Federal land.
Easements, special-use permits, and rights-of-way
Except for the temporary placement and operation of testing or data collection devices, as the Secretary determines to be appropriate, and the rights-of-way granted under section 301(b)(1) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2413) and BLM Case File N–78803, no new easements, special-use permits, or rights-of-way shall be allowed on the Federal land during the period beginning on the date of enactment of this Act and ending on the date of the issuance of a lease for the Federal land.
Diligent development requirements
In issuing a lease under this subsection, the Secretary shall include work requirements and mandatory milestones—
to ensure that diligent development is carried out under the lease; and
to reduce speculative behavior.
Land management
The Secretary shall—
establish the duration of leases issued under this subsection;
include provisions in the lease requiring the holder of a lease granted under this subsection—
to furnish a reclamation bond or other form of security determined to be appropriate by the Secretary;
on completion of the activities authorized by the lease—
to restore the Federal land that is subject to the lease to the condition in which the Federal land existed before the lease was granted; or
to conduct mitigation activities if restoration of the land to the condition described in subclause (I) is impracticable; and
to comply with such other requirements as the Secretary considers necessary to protect the interests of the public and the United States; and
establish best management practices to ensure the sound, efficient, and environmentally responsible development of solar resources on the Federal land in a manner that would avoid, minimize, and mitigate actual and anticipated impacts to habitat and ecosystem function resulting from the development; and
include provisions in the lease requiring renewable energy operators to comply with the practices established under clause (i).
Royalties
In general
The Secretary shall establish royalties, fees, rentals, bonuses, and any other payments the Secretary determines to be appropriate to ensure a fair return to the United States for any lease issued under this section.
Rate
Any lease issued under this section shall require the payment of a royalty established by the Secretary by regulation in an amount that is equal to a percentage of the gross proceeds from the sale of electricity at a rate that—
encourages production of solar energy;
ensures a fair return to the public comparable to the return that would be obtained on State and private land; and
encourages the maximum energy generation practicable using the least amount of land and other natural resources, including water.
Royalty relief
To promote the maximum generation of renewable energy, the Secretary may provide that no royalty or a reduced royalty is required under a lease for a period not to exceed 5 years beginning on the date on which generation is initially commenced on the Federal land subject to the lease.
Disposition of proceeds
In general
Of the amounts collected as royalties, fees, rentals, bonuses, or other payments under a lease issued under this section—
25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the income is derived;
25 percent shall be paid by the Secretary of the Treasury to the 1 or more counties within the boundaries of which the income is derived;
15 percent shall—
for the period beginning on the date of enactment of this Act and ending on the date specified in subclause (II), be deposited in the Treasury of the United States to help facilitate the processing of renewable energy permits by the Bureau of Land Management in the State, subject to subparagraph (B)(i)(I); and
beginning on the date that is 10 years after the date of enactment of this Act, be deposited in the Fund; and
35 percent shall be deposited in the Fund.
Limitations
Renewable energy permits
For purposes of subclause (I) of subparagraph (A)(iii)—
not more than $10,000,000 shall be deposited in the Treasury at any 1 time under that subclause; and
the following shall be deposited in the Fund:
Any amounts collected under that subclause that are not obligated by the date specified in subparagraph (A)(iii)(II).
Any amounts that exceed the $10,000,000 deposit limit under subclause (I).
Fund
Any amounts deposited in the Fund under clause (i)(II) or subparagraph (A)(iii)(II) shall be in addition to amounts deposited in the Fund under subparagraph (A)(iv).
Renewable energy mitigation and fish and wildlife fund
Establishment
There
is established in the Treasury of the United States a fund, to be known as the
Renewable Energy Mitigation and Fish and Wildlife Fund
, to be
administered by the Secretary, for use in the State.
Use of funds
Amounts in the Fund shall be available to the Secretary, who may make the amounts available to the State or other interested parties for the purposes of—
mitigating impacts of renewable energy on public land, with priority given to land affected by the solar development zones designated under this Act, including—
protecting wildlife corridors and other sensitive land; and
fish and wildlife habitat restoration; and
carrying out activities authorized under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.) in the State.
Availability of amounts
Amounts in the Fund shall be available for expenditure, in accordance with this paragraph, without further appropriation, and without fiscal year limitation.
Investment of fund
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.
Use
Any interest earned under clause (i) may be expended in accordance with this paragraph.
Priority development
In general
Within the County, the Secretary shall give highest priority consideration to implementation of the solar lease sales provided for under this Act.
Evaluation
The Secretary shall evaluate other solar development proposals in the County not provided for under this Act in consultation with the State, County, and other interested stakeholders.