I 

115TH CONGRESS 

1ST SESSION H. R. 825 

To promote the development of renewable energy on public land, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2017 

Mr. GOSAR (for himself, Mr. POLIS, Mr. FRANKS of Arizona, Mr. THOMPSON

of California, Mr. AMODEI, Mr. BIGGS, Mr. CARTWRIGHT, Mrs. COMSTOCK, Mr. COOK, Mr. COSTA, Mr. DEFAZIO, Ms. DELBENE, Mr. GRIJALVA, Mr. HUFFMAN, Mr. LABRADOR, Mr. LAMALFA, Mr. LOWENTHAL, 

Mr. PERLMUTTER, Mr. SCHRADER, Mr. SCHWEIKERT, Ms. SINEMA, Mr. 

TIPTON, and Mr. PEARCE) 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 

land, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Land Renew5 able Energy Development Act of 2017’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COVERED LAND.—The term ‘‘covered land’’ 

4 means land that is— 

5 (A) public land administered by the Sec6 retary; and 

7 (B) not excluded from the development of 

8 geothermal, solar, or wind energy under— 

9 (i) a land use plan established under 

10 the Federal Land Policy and Management 

11 Act of 1976 (43 U.S.C. 1701 et seq.); or 

12 (ii) other Federal law. 

13 (2) EXCLUSION AREA.—The term ‘‘exclusion 

14 area’’ means covered land that is identified by the 

15 Bureau of Land Management as not suitable for de16 velopment of renewable energy projects. 

17 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

18 means— 

19 (A) land of the National Forest System (as 

20 defined in section 11(a) of the Forest and 

21 Rangeland Renewable Resources Planning Act 

22 of 1974 (16 U.S.C. 1609(a))); or 

23 (B) public land. 

24 (4) FUND.—The term ‘‘Fund’’ means the Re25 newable Energy Resource Conservation Fund estab26 lished by section 7(c)(1). 


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1 (5) PRIORITY AREA.—The term ‘‘priority area’’ 

2 means covered land identified by the land use plan3 ning process of the Bureau of Land Management as 

4 being a preferred location for a renewable energy 

5 project. 

6 (6) PUBLIC LAND.—The term ‘‘public land’’ 

7 has the meaning given the term ‘‘public lands’’ in 

8 section 103 of the Federal Land Policy and Manage9 ment Act of 1976 (43 U.S.C. 1702). 

10 (7) RENEWABLE ENERGY PROJECT.—The term 

11 ‘‘renewable energy project’’ means a project carried 

12 out on covered land that uses wind, solar, or geo13 thermal energy to generate energy. 

14 (8) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (9) VARIANCE AREA.—The term ‘‘variance 

17 area’’ means covered land that is— 

18 (A) not an exclusion area; and 

19 (B) not a priority area. 

20 SEC. 3. EXTENSION OF FUNDING FOR IMPLEMENTATION OF 

21 GEOTHERMAL STEAM ACT OF 1970. 

22 (a) IN GENERAL.—Section 234(a) of the Energy Pol23 icy Act of 2005 (42 U.S.C. 15873(a)) is amended by strik24 ing ‘‘in the first 5 fiscal years beginning after the date 


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1 of enactment of this Act’’ and inserting ‘‘through fiscal 

2 year 2022’’. 

3 (b) AUTHORIZATION.—Section 234(b) of the Energy 

4 Policy Act of 2005 (42 U.S.C. 15873(b)) is amended— 

5 (1) by striking ‘‘Amounts’’ and inserting the 

6 following: 

7 ‘‘(1) IN GENERAL.—Amounts’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(2) AUTHORIZATION.—Effective for fiscal year 

10 2017 and each fiscal year thereafter, amounts de11 posited under subsection (a) shall be available to the 

12 Secretary of the Interior for expenditure, without 

13 further appropriation or fiscal year limitation, to im14 plement the Geothermal Steam Act of 1970 (30 

15 U.S.C. 1001 et seq.) and this Act.’’. 

16 SEC. 4. LAND USE PLANNING; SUPPLEMENTS TO PRO17 GRAMMATIC ENVIRONMENTAL IMPACT 

18 STATEMENTS. 

19 (a) PRIORITY AREAS.— 

20 (1) IN GENERAL.—The Secretary, in consulta21 tion with the Secretary of Energy, shall establish 

22 priority areas on covered land for geothermal, solar, 

23 and wind energy projects. 

24 (2) DEADLINE.— 


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1 (A) GEOTHERMAL ENERGY.—For geo2 thermal energy, the Secretary shall establish 

3 priority areas as soon as practicable, but not 

4 later than 5 years, after the date of enactment 

5 of this Act. 

6 (B) SOLAR ENERGY.—For solar energy, 

7 the solar energy zones established by the 2012 

8 western solar plan of the Bureau of Land Man9 agement and any subsequent land use plan 

10 amendments shall be considered to be priority 

11 areas for solar energy projects. 

12 (C) WIND ENERGY.—For wind energy, the 

13 Secretary shall establish priority areas as soon 

14 as practicable, but not later than 3 years, after 

15 the date of enactment of this Act. 

16 (b) VARIANCE AREAS.—To the maximum extent 

17 practicable, variance areas shall be considered for renew18 able energy project development, consistent with the prin19 ciples of multiple use (as defined in the Federal Land Pol20 icy and Management Act of 1976 (43 U.S.C. 1701 et 

21 seq.)). 

22 (c) REVIEW AND MODIFICATION.—Not less fre23 quently than once every 10 years, the Secretary shall— 

24 (1) review the adequacy of land allocations for 

25 geothermal, solar, and wind energy priority and variVerDate Sep 11 2014 00:32 Feb 09, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H825.IH H825

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1 ance areas for the purpose of encouraging new re2 newable energy development opportunities; and 

3 (2) based on the review carried out under para4 graph (1), add, modify, or eliminate priority, vari5 ance, and exclusion areas. 

6 (d) COMPLIANCE WITH THE NATIONAL ENVIRON7 MENTAL POLICY ACT.—For purposes of this section, com8 pliance with the National Environmental Policy Act of 

9 1969 (42 U.S.C. 4321 et seq.) shall be accomplished— 

10 (1) for geothermal energy, by supplementing 

11 the October 2008 final programmatic environmental 

12 impact statement for geothermal leasing in the west13 ern United States; 

14 (2) for solar energy, by supplementing the July 

15 2012 final programmatic environmental impact 

16 statement for solar energy projects; and 

17 (3) for wind energy, by supplementing the July 

18 2005 final programmatic environmental impact 

19 statement for wind energy projects. 

20 (e) NO EFFECT ON PROCESSING APPLICATIONS.—A 

21 requirement to prepare a supplement to a programmatic 

22 environmental impact statement under this section shall 

23 not result in any delay in processing an application for 

24 a renewable energy project. 


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1 (f) COORDINATION.—In developing a supplement re2 quired by this section, the Secretary shall coordinate, on 

3 an ongoing basis, with appropriate State, tribal, and local 

4 governments, transmission infrastructure owners and op5 erators, developers, and other appropriate entities to en6 sure that priority areas identified by the Secretary are— 

7 (1) economically viable (including having access 

8 to transmission); 

9 (2) likely to avoid or minimize conflict with 

10 habitat for animals and plants, recreation, and other 

11 uses of covered land; and 

12 (3) consistent with section 202 of the Federal 

13 Land Policy and Management Act of 1976 (43 

14 U.S.C. 1712), including subsection (c)(9) of that 

15 section (43 U.S.C. 1712(c)(9)). 

16 (g) REMOVAL FROM CLASSIFICATION.—In carrying 

17 out subsections (a) through (e), if the Secretary deter18 mines an area previously suited for development should 

19 be removed from priority or variance classification, not 

20 later than 90 days after the date of the determination, 

21 the Secretary shall submit to Congress a report on the 

22 determination. 

23 SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND. 

24 (a) IN GENERAL.—If the Secretary determines that 

25 a proposed renewable energy project has been sufficiently 


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1 analyzed by a programmatic environmental impact state2 ment conducted under section 4(d), the Secretary shall not 

3 require any additional review under the National Environ4 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

5 (b) ADDITIONAL ENVIRONMENTAL REVIEW.—If the 

6 Secretary determines that additional environmental review 

7 under the National Environmental Policy Act of 1969 (42 

8 U.S.C. 4321 et seq.) is necessary for a proposed renewable 

9 energy project, the Secretary shall rely on the analysis in 

10 the programmatic environmental impact statement con11 ducted under section 4(d), to the maximum extent prac12 ticable when analyzing the potential impacts of the 

13 project. 

14 (c) RELATIONSHIP TO OTHER LAW.—Nothing in this 

15 section modifies or supersedes any requirement under ap16 plicable law. 

17 SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY 

18 PROJECT PERMIT COORDINATION. 

19 (a) ESTABLISHMENT.—The Secretary shall establish 

20 a program to improve Federal permit coordination with 

21 respect to renewable energy projects on covered land. 

22 (b) MEMORANDUM OF UNDERSTANDING.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date of enactment of this Act, the Sec25 retary shall enter into a memorandum of underVerDate Sep 11 2014 00:32 Feb 09, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H825.IH H825

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1 standing for purposes of this section, including to 

2 specifically expedite the environmental analysis of 

3 applications for projects proposed in a variance area, 

4 with— 

5 (A) the Secretary of Agriculture; and 

6 (B) the Assistant Secretary of the Army 

7 for Civil Works. 

8 (2) STATE PARTICIPATION.—The Secretary 

9 may request the Governor of any interested State to 

10 be a signatory to the memorandum of understanding 

11 under paragraph (1). 

12 (c) DESIGNATION OF QUALIFIED STAFF.— 

13 (1) IN GENERAL.—Not later than 30 days after 

14 the date on which the memorandum of under15 standing under subsection (b) is executed, all Fed16 eral signatories, as appropriate, shall identify for 

17 each of the Bureau of Land Management Renewable 

18 Energy Coordination Offices an employee who has 

19 expertise in the regulatory issues relating to the of20 fice in which the employee is employed, including, as 

21 applicable, particular expertise in— 

22 (A) consultation regarding, and prepara23 tion of, biological opinions under section 7 of 

24 the Endangered Species Act of 1973 (16 U.S.C. 

25 1536); 


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1 (B) permits under section 404 of Federal 

2 Water Pollution Control Act (33 U.S.C. 1344); 

3 (C) regulatory matters under the Clean Air 

4 Act (42 U.S.C. 7401 et seq.); 

5 (D) planning under section 14 of the Na6 tional Forest Management Act of 1976 (16 

7 U.S.C. 472a); 

8 (E) the Federal Land Policy and Manage9 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

10 (F) the Migratory Bird Treaty Act (16 

11 U.S.C. 703 et seq.); and 

12 (G) the preparation of analyses under the 

13 National Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.). 

15 (2) DUTIES.—Each employee assigned under 

16 paragraph (1) shall— 

17 (A) be responsible for addressing all issues 

18 relating to the jurisdiction of the home office or 

19 agency of the employee; and 

20 (B) participate as part of the team of per21 sonnel working on proposed energy projects, 

22 planning, monitoring, inspection, enforcement, 

23 and environmental analyses. 

24 (d) ADDITIONAL PERSONNEL.—The Secretary may 

25 assign such additional personnel for the Bureau of Land 


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1 Management Renewable Energy Coordination Offices as 

2 are necessary to ensure the effective implementation of 

3 any programs administered by the offices, including in4 spection and enforcement relating to renewable energy 

5 project development on covered land, in accordance with 

6 the multiple use mandate of the Federal Land Policy and 

7 Management Act of 1976 (43 U.S.C. 1701 et seq.). 

8 (e) RENEWABLE ENERGY COORDINATION OF9 FICES.—In carrying out the program established under 

10 subsection (a), the Secretary may— 

11 (1) establish additional Bureau of Land Man12 agement Renewable Energy Coordination Offices; or 

13 (2) temporarily assign the qualified staff des14 ignated under subsection (c) to a State, district, or 

15 field office of the Bureau of Land Management to 

16 expedite the permitting of renewable energy projects. 

17 (f) REPORT TO CONGRESS.— 

18 (1) IN GENERAL.—Not later than February 1 

19 of the first fiscal year beginning after the date of en20 actment of this Act, and each February 1 thereafter, 

21 the Secretary shall submit to the Committee on En22 ergy and Natural Resources of the Senate and the 

23 Committee on Natural Resources of the House of 

24 Representatives a report describing the progress 


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1 made under the program established under sub2 section (a) during the preceding year. 

3 (2) INCLUSIONS.—Each report under this sub4 section shall include— 

5 (A) projections for renewable energy pro6 duction and capacity installations; and 

7 (B) a description of any problems relating 

8 to leasing, permitting, siting, or production. 

9 SEC. 7. DISPOSITION OF REVENUES. 

10 (a) DISPOSITION OF REVENUES.—Beginning on Jan11 uary 1, 2017, without further appropriation or fiscal year 

12 limitation, of the amounts collected as bonus bids, rentals, 

13 fees, or other payments under a right-of-way, permit, 

14 lease, or other authorization (other than under section 

15 504(g) of the Federal Land Policy and Management Act 

16 of 1976 (43 U.S.C. 1764(g))) for the development of wind 

17 or solar energy on covered land— 

18 (1) 25 percent shall be paid by the Secretary of 

19 the Treasury to the State within the boundaries of 

20 which the revenue is derived; 

21 (2) 25 percent shall be paid by the Secretary of 

22 the Treasury to the one or more counties within the 

23 boundaries of which the revenue is derived, to be al24 located among the counties based on the percentage 

25 of land from which the revenue is derived; 


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1 (3) to be deposited in the Treasury and be 

2 made available to the Secretary to carry out the pro3 gram established by section 6, including the transfer 

4 of the funds by the Bureau of Land Management to 

5 other Federal agencies and State agencies to facili6 tate the processing of renewable energy permits on 

7 Federal land, with priority given to using the 

8 amounts, to the maximum extent practicable, to ex9 pediting the issuance of permits required for the de10 velopment of renewable energy projects in the States 

11 from which the revenues are derived— 

12 (A) 25 percent for each of fiscal years 

13 2016 through 2025; 

14 (B) 20 percent for each of fiscal years 

15 2026 through 2030; 

16 (C) 15 percent for each of fiscal years 

17 2031 through 2035; and 

18 (D) 10 percent for fiscal year 2036 and 

19 each fiscal year thereafter; and 

20 (4) to be deposited in the Renewable Energy 

21 Resource Conservation Fund established by sub22 section (c)— 

23 (A) 25 percent for each of fiscal years 

24 2016 through 2025; 


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1 (B) 30 percent for each of fiscal years 

2 2026 through 2030; 

3 (C) 35 percent for each of fiscal years 

4 2031 through 2035; and 

5 (D) 40 percent for fiscal year 2036 and 

6 each fiscal year thereafter. 

7 (b) PAYMENTS TO STATES AND COUNTIES.— 

8 (1) IN GENERAL.—Amounts paid to States and 

9 counties under subsection (a) shall be used con10 sistent with section 35 of the Mineral Leasing Act 

11 (30 U.S.C. 191). 

12 (2) PAYMENTS IN LIEU OF TAXES.—A payment 

13 to a county under paragraph (1) shall be in addition 

14 to a payment in lieu of taxes received by the county 

15 under chapter 69 of title 31, United States Code. 

16 (c) RENEWABLE ENERGY RESOURCE CONSERVATION

17 FUND.— 

18 (1) IN GENERAL.—There is established in the 

19 Treasury a fund, to be known as the ‘‘Renewable 

20 Energy Resource Conservation Fund’’, to be admin21 istered by the Secretary, in consultation with the 

22 Secretary of Agriculture. 

23 (2) USE OF FUNDS.—The Secretary may make 

24 funds in the Fund available to Federal, State, and 

25 tribal agencies to be distributed in regions in which 


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1 renewable energy projects are located on Federal 

2 land, for the purposes of— 

3 (A) restoring and protecting— 

4 (i) fish and wildlife habitat for af5 fected species; 

6 (ii) fish and wildlife corridors for af7 fected species; and 

8 (iii) water resources in areas affected 

9 by wind, geothermal, or solar energy devel10 opment; and 

11 (B) preserving and improving recreational 

12 access to Federal land and water in an affected 

13 region through an easement, right-of-way, or 

14 other instrument from willing landowners for 

15 the purpose of enhancing public access to exist16 ing Federal land and water that is inaccessible 

17 or significantly restricted. 

18 (3) PARTNERSHIPS.—The Secretary may enter 

19 into cooperative agreements with State and tribal 

20 agencies, nonprofit organizations, and other appro21 priate entities to carry out the activities described in 

22 subparagraphs (A) and (B) of paragraph (2). 

23 (4) INVESTMENT OF FUND.— 

24 (A) IN GENERAL.—Any amounts deposited 

25 in the Fund shall earn interest in an amount 


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1 determined by the Secretary of the Treasury on 

2 the basis of the current average market yield on 

3 outstanding marketable obligations of the 

4 United States of comparable maturities. 

5 (B) USE.—Any interest earned under sub6 paragraph (A) may be expended in accordance 

7 with this subsection. 

8 (5) INTENT OF CONGRESS.—It is the intent of 

9 Congress that the revenues deposited and used in 

10 the Fund shall supplement (and not supplant) an11 nual appropriations for activities described in sub12 paragraphs (A) and (B) of paragraph (2). 

13 SEC. 8. SAVINGS CLAUSE. 

14 Notwithstanding any other provision of this Act, the 

15 Secretary shall continue to manage public land under the 

16 principles of multiple use and sustained yield in accord17 ance with title I of the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1701 et seq.), including due 

19 consideration of mineral and nonrenewable energy-related 

20 projects and other nonrenewable energy uses, for the pur21 poses of land use planning, permit processing, and con22 ducting environmental reviews. 

Æ 


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