H.R. 1375

Reducing Regulatory Obstacles to Wind Energy Production Act

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I

113th CONGRESS

1st Session

H. R. 1375

IN THE HOUSE OF REPRESENTATIVES

March 21, 2013

Mr. Mullin introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To facilitate the development of wind energy resources on Federal lands.

1.

Short title

This Act may be cited at the Reducing Regulatory Obstacles to Wind Energy Production Act.

2.

Onshore meteorological site testing and monitoring project

(a)

Definition of meteorological site testing and monitoring project

In this section, the term meteorological site testing and monitoring project means a project carried out on land administered by the Bureau of Land Management or the Forest Service to test or monitor weather (including wind and solar energy) using towers or other devices, that—

(1)

causes—

(A)

less than 1 acre of soil or vegetation disruption at the location of each meteorological tower or other device; and

(B)

not more than 5 acres of soil or disruption within the proposed right-of-way for the project;

(2)

is installed—

(A)

to the maximum extent practicable, using existing access roads;

(B)

in a manner that does not require off-road motorized access other than 1 installation activity and 1 decommissioning activity along an identified off-road route approved by the Director of the Bureau of Land Management or Chief of the Forest Service;

(C)

without construction of new roads other than upgrading of existing minor drainage crossings for safety purposes; and

(D)

without the use of digging or drilling equipment vehicles other than rubber-tired vehicles with gross weight ratings under 8,500 pounds;

(3)

is decommissioned not more than 5 years after the date of commencement of the project, including—

(A)

removal of any towers, devices, or other surface infrastructure from the site; and

(B)

restoration of the site to approximately the condition that existed at the time the project began; and

(4)

provides meteorological information obtained by the permitted project to the Bureau of Land Management and the Forest Service.

(b)

NEPA exclusion

Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to a meteorological site testing and monitoring project.

(c)

Permit timeline and conditions

(1)

In general

The Director of the Bureau of Land Management or Chief of the Forest Service, as applicable, shall decide whether to issue a permit for a project that is a meteorological site testing and monitoring project within 30 days after receiving an application for the permit.

(2)

Public comment and consultation

During the period referred to in paragraph (1), the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable, shall—

(A)

provide an opportunity for submission of comments by the public; and

(B)

consult with the heads of other Federal, State, and local agencies that would be affected by the issuance of the permit.

(3)

Denial of Application

If the application is denied, the Director or Chief, respectively, shall provide the applicant—

(A)

in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies, and

(B)

an opportunity to remedy any deficiencies.

(d)

Protection of information

The information provided to the Bureau of Land Management and the Forest Service pursuant to subsection (a)(4) shall be treated by such agency as proprietary information and protected against disclosure.