H.R. 178House118th Congress (2023-2025)In Committee

Public Land Renewable Energy Development Act of 2023

Sponsored by Mike LevinRep. Mike Levin (D-CA)
Introduced January 9, 2023

AI-Generated Summary

Updated January 20, 2026 at 2:00 AM UTC

The Public Land Renewable Energy Development Act of 2023 seeks to speed up solar, wind, and geothermal projects on federal public lands. It directs the Interior Secretary to designate priority and variance areas, update environmental reviews, and share revenues with local governments, while creating a fund for conservation and recreation. The bill impacts federal land managers, renewable energy developers, states, counties, and tribal and local agencies.

Key Provisions

  • Defines "covered land" and creates "priority areas" for solar, wind, and geothermal development, to be established within 3‑5 years and reviewed at least every 10 years.
  • Allows "variance areas" for projects outside priority or exclusion zones, with expedited processing to meet renewable energy permitting goals.
  • Mandates updates to programmatic environmental impact statements for each energy type to reflect current analyses.
  • Imposes limited grandfathering: projects that applied for right‑of‑way before Dec 19 2016 must pay existing rents and fees.
  • Sets revenue sharing for wind and solar lease payments: 25% to the state, 25% to counties, 25% to Treasury for permit processing, and 25% to a new Renewable Energy Resource Conservation Fund, with specific exceptions.
  • Creates the Renewable Energy Resource Conservation Fund to finance habitat restoration, water‑body protection, and improved recreational access, allowing partnerships and use of earned interest.
  • Reaffirms that land management must continue under multiple‑use and sustained‑yield principles, considering non‑renewable energy uses as well.

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Energy and Mineral Resources.

February 21, 2023

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HouseIntro Referral

Introduced in House

January 9, 2023

HouseIntro Referral

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.

January 9, 2023

HouseCommittee

Referred to the Subcommittee on Forestry.

February 13, 2023

HouseCommittee

Referred to the Subcommittee on Energy and Mineral Resources.

February 21, 2023

Floor Debate

13 members

What members said about H.R. 178 on the floor

4 Republicans9 Democrats
Thomas Massie
Rep. Thomas MassieR-KY-4 · Jun 13, 2023

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 495 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Jun 13, 2023

Mr. Speaker, I thank the gentleman from Kentucky for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, it is great to see you again. How are you? It…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 13, 2023

Mr. Speaker, I thank the gentleman for yielding time. This really is about saving lives. Eight children a day die from gun violence. In addition, 40,000 Americans die from gun violence throughout the…

Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Oct 3, 2023

Madam Speaker, I thank the gentleman from Pennsylvania for yielding the customary 30 minutes, and I yield myself such time as I may consume. Madam Speaker, over the past month, House Republicans have…

Guy Reschenthaler
Rep. Guy ReschenthalerR-PA-14 · Oct 3, 2023

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 756 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Show 8 more
Chip Roy
Rep. Chip RoyR-TX-21 · Jun 13, 2023

Mr. Speaker, I appreciate the gentleman from Kentucky for yielding me time. Mr. Speaker, here we are engaging in the theater of the absurd, yet again, from our colleagues on the other side of the…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Oct 3, 2023

Madam Speaker, just 3 days ago, Democrats voted to keep our government open. We told America how Republicans were slashing vital programs in their extreme appropriations bills. We voted down the…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Oct 3, 2023

Madam Speaker, I thank the gentlewoman from Pennsylvania for her leadership and for managing this rule that we now have on the floor of the House. I stand here in the name of so many Americans who…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Oct 3, 2023

Madam Speaker, let me say to the gentleman from Pennsylvania that nobody has been tougher on China than yours truly here. I take a back seat to no one, and I don't want to be lectured. Madam Speaker,…

Lloyd Doggett
Rep. Lloyd DoggettD-TX-37 · Jun 13, 2023

Mr. Speaker, the GOP has become, sadly, the ``Guns Over People'' party. Their answer to the desperate pleas of families from all across America who want to stop the slaughter of schoolchildren and…

Lucy McBath
Rep. Lucy McBathD-GA-7 · Jun 13, 2023

Mr. Speaker, I rise in opposition to the underlying resolution and the rule. Mr. Speaker, I speak today not just as a Member of Congress but as a mother, a mother whose son was taken from her by gun…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Jun 13, 2023

Mr. Speaker, last month, there were two mass shootings in my district, one in Farmington and another in Red River. On Friday, I met with police officers, victims, and neighbors who were terrified and…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Oct 3, 2023

Madam Speaker, the Biden administration, through the Department of Energy, is making life harder for Americans and jeopardizing our energy security. Through gradually increasing efficiency standards,…

Show 3 more
Greg Casar
Rep. Greg CasarD-TX-35 · Jun 13, 2023

Mr. Speaker, I was here alongside all of you during the State of the Union when my Republican colleagues stood up and started jeering, booing, yelling, and complaining saying that indeed, they…

Sydney Kamlager-Dove
Rep. Sydney Kamlager-DoveD-CA-37 · Oct 3, 2023

Madam Speaker, I have to tell you, there is a virus infecting this Congress, and it is not the 'rona. It is Republican testosterone poisoning. All year long, we have heard not one peep from…

Al Green
Rep. Al GreenD-TX-9 · Jun 13, 2023

Mr. Speaker, had I been present, I would have voted ``no'' on rollcall No. 250.

Bill Text

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Introduced in HouseIssued January 9, 2023

I

118th CONGRESS

1st Session

H. R. 178

IN THE HOUSE OF REPRESENTATIVES

January 9, 2023

Mr. Levin 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 promote the development of renewable energy on public lands, and for other purposes.

1.

Short title

This Act may be cited as the Public Land Renewable Energy Development Act of 2023.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Sec. 4. Land use planning; updates to programmatic environmental impact statements.

Sec. 5. Limited grandfathering.

Sec. 6. Disposition of revenues.

Sec. 7. Savings.

3.

Definitions

In this Act:

(1)

Covered land

The term covered land means land that is—

(A)

Federal lands administered by the Secretary; and

(B)

not excluded from the development of geothermal, solar, or wind energy under—

(i)

a land use plan; 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)

Federal land

The term Federal land means—

(A)

public lands; and

(B)

lands of the National Forest System as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).

(4)

Fund

The term Fund means the Renewable Energy Resource Conservation Fund established by section 6(c)(1).

(5)

Land use plan

The term land use plan means—

(A)

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

(B)

in regard to National Forest System lands, a land management plan approved, amended, or revised under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

(6)

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, including a designated leasing area (as defined in section 2801.5(b) of title 43, Code of Federal Regulations (or a successor regulation)) that is identified under the rule of the Bureau of Land Management entitled Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections (81 Fed. Reg. 92122 (December 19, 2016)) (or a successor regulation).

(7)

Public lands

The term public lands has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(8)

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.

(9)

Secretary

The term Secretary means the Secretary of the Interior.

(10)

Variance area

The term variance area means covered land that is—

(A)

not an exclusion area;

(B)

not a priority area; and

(C)

identified by the Secretary as potentially available for renewable energy development and could be approved without a plan amendment, 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.)).

4.

Land use planning; updates 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, 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.)) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 116–260). Among applications for a given renewable energy source, proposed projects located in priority areas for that renewable energy source shall—

(A)

be given the highest priority for incentivizing deployment thereon; and

(B)

be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas.

(2)

Establishing priority areas

(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 the enactment of this Act.

(B)

Solar energy

For solar energy—

(i)

solar designated leasing areas (including the solar energy zones established by Bureau of Land Management Solar Energy Program, established in October 2012), and any subsequent land use plan amendments, shall be considered to be priority areas for solar energy projects; and

(ii)

the Secretary shall complete a process to consider establishing additional solar priority areas as soon as practicable, but not later than 3 years, after the date of the enactment of this Act.

(C)

Wind energy

For wind energy, the Secretary shall complete a process to consider establishing additional wind priority areas as soon as practicable, but not later than 3 years, after the date of the enactment of this Act.

(b)

Variance areas

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.)) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 116–260), and applications for a given renewable energy source located in those variance areas shall be timely processed in order to assist in meeting that goal.

(c)

Review and modification

(1)

In general

Not less than once every 10 years, the Secretary shall—

(A)

review the adequacy of land allocations for geothermal, solar, and wind energy priority, exclusion, and variance areas for the purpose of encouraging and facilitating 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.

(2)

Exception

Paragraph (1) shall not apply to the renewable energy land use planning published in the Desert Renewable Energy Conservation Plan developed by the California Energy Commission, the California Department of Fish and Wildlife, the Bureau of Land Management, and the United States Fish and Wildlife Service until January 1, 2030.

(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 updating the document entitled Final Programmatic Environmental Impact Statement for Geothermal Leasing in the Western United States, dated October 2008, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized;

(2)

for solar energy, by updating the document entitled Final Programmatic Environmental Impact Statement (PEIS) for Solar Energy Development in Six Southwestern States, dated July 2012, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized; and

(3)

for wind energy, by updating the document entitled Final Programmatic Environmental Impact Statement on Wind Energy Development on BLM–Administered Lands in the Western United States, dated July 2005, and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized.

(e)

No effect on processing site specific applications

Site specific environmental review and processing of permits for proposed projects shall proceed during preparation of an updated programmatic environmental impact statement, resource management plan, or resource management plan amendment.

(f)

Coordination

In developing updates 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 existing and planned transmission lines);

(2)

likely to avoid or minimize impacts to habitat for animals and plants, recreation, cultural resources, 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 (43 U.S.C. 1712(c)(9)).

5.

Limited grandfathering

(a)

Definition of project

In this section, the term project means a system described in section 2801.9(a)(4) of title 43, Code of Federal Regulations (as in effect on the date of the enactment of this Act).

(b)

Requirement To pay rents and fees

Unless otherwise agreed to by the owner of a project, the owner of a project that applied for a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2016, shall be obligated to pay with respect to the right-of-way all rents and fees in effect before the effective date of the rule of the Bureau of Land Management entitled Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections (81 Fed. Reg. 92122 (December 19, 2016)).

6.

Disposition of revenues

(a)

Disposition of revenues

(1)

Availability

Except as provided in paragraph (2), beginning on January 1, 2024, of amounts collected from a wind or solar project as bonus bids, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization the following shall be made available, without further appropriation or fiscal year limitation, as follows:

(A)

Twenty-five percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived.

(B)

Twenty-five percent shall be paid by the Secretary of the Treasury to the one 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.

(C)

Twenty-five percent shall be deposited in the Treasury and be made available to the Secretary to carry out the program established under this Act, 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 without detrimental impacts to emerging markets, to expediting the issuance of permits required for the development of renewable energy projects in the States from which the revenues are derived.

(D)

Twenty-five percent shall be deposited in the Renewable Energy Resource Conservation Fund established by subsection (c).

(2)

Exceptions

Paragraph (1) shall not apply to the following:

(A)

Amounts collected under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)).

(B)

Amounts deposited into the National Parks and Public Land Legacy Restoration Fund under section 200402(b) of title 54, United States Code.

(b)

Payments to States and counties

(1)

In general

Amounts paid to States and counties under subsection (a)(1) 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, which shall be administered by the Secretary, in consultation with the Secretary of Agriculture.

(2)

Use of funds

The Secretary may make amounts in the Fund available to Federal, State, local, and Tribal agencies to be distributed in regions in which renewable energy projects are located on Federal land. Such amounts may be used to—

(A)

restore and protect—

(i)

fish and wildlife habitat for affected species;

(ii)

fish and wildlife corridors for affected species; and

(iii)

wetlands, streams, rivers, and other natural water bodies in areas affected by wind, geothermal, or solar energy development; and

(B)

preserve and improve 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 restricted.

(3)

Partnerships

The Secretary may enter into cooperative agreements with State and Tribal agencies, nonprofit organizations, and other appropriate entities to carry out the activities described in paragraph (2).

(4)

Investment of Fund

(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

Interest earned under subparagraph (A) may be expended in accordance with this subsection.

(5)

Report to Congress

At the end of each fiscal year, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate that includes a description of—

(A)

the amount collected as described in subsection (a), by source, during that fiscal year;

(B)

the amount and purpose of payments during that fiscal year to each Federal, State, local, and Tribal agency under paragraph (2); and

(C)

the amount remaining in the Fund at the end of the fiscal year.

(6)

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 activities described in paragraph (2).

7.

Savings

Notwithstanding any other provision of this Act, the Secretary shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with title I of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (43 U.S.C. 1701 et seq.), as applicable, including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.