IB 

Union Calendar No. 231 

115TH CONGRESS 

1ST SESSION H. R. 825 

[Report No. 115–321, Part I] 

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 

SEPTEMBER 21, 2017 

Additional sponsors: Mr. CA ́RDENAS, Mr. BEN RAY LUJA ́N of New Mexico, 

Mr. JODY B. HICE of Georgia, Ms. ROSEN, Mrs. LOVE, Mr. BROWN of 

Maryland, Ms. DEGETTE, Ms. TSONGAS, Mr. KIHUEN, Mr. MCGOVERN, 

Mr. TED LIEU of California, Mrs. NAPOLITANO, Ms. TITUS, Mr. 

VALADAO, Mr. CURBELO of Florida, Mr. DENHAM, and Mr. ZELDIN

SEPTEMBER 21, 2017 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 21, 2017 

The Committee on Agriculture discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 2, 2017] 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 825 RH

A BILL 

To promote the development of renewable energy on public 

land, and for other purposes. 


lotter on DSKBCFDHB2PROD with BILLS
3 

•HR 825 RH

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 Renewable 

5 Energy Development Act of 2017’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 means land that is— 

10 (A) public land administered by the Sec11 retary; and 

12 (B) not excluded from the development of 

13 geothermal, solar, or wind energy under— 

14 (i) a land use plan established under 

15 the Federal Land Policy and Management 

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

17 (ii) other Federal law. 

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

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

20 Bureau of Land Management as not suitable for de21 velopment of renewable energy projects. 

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

23 means— 

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

25 defined in section 11(a) of the Forest and RangeVerDate Sep 11 2014 23:57 Sep 21, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H825.RH H825

lotter on DSKBCFDHB2PROD with BILLS
4 

•HR 825 RH

1 land Renewable Resources Planning Act of 1974 

2 (16 U.S.C. 1609(a))); or 

3 (B) public land. 

4 (4) FUND.—The term ‘‘Fund’’ means the Renew5 able Energy Resource Conservation Fund established 

6 by section 7(c)(1). 

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

8 means covered land identified by the land use plan9 ning process of the Bureau of Land Management as 

10 being a preferred location for a renewable energy 

11 project. 

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

13 the meaning given the term ‘‘public lands’’ in section 

14 103 of the Federal Land Policy and Management Act 

15 of 1976 (43 U.S.C. 1702). 

16 (7) RENEWABLE ENERGY PROJECT.—The term 

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

18 out on covered land that uses wind, solar, or geo19 thermal energy to generate energy. 

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

21 the Secretary of the Interior. 

22 (9) VARIANCE AREA.—The term ‘‘variance area’’ 

23 means covered land that is— 

24 (A) not an exclusion area; 

25 (B) not a priority area; and 


lotter on DSKBCFDHB2PROD with BILLS
5 

•HR 825 RH

1 (C) identified by the Secretary as poten2 tially available for renewable energy development 

3 and could be approved without a plan amend4 ment, consistent with the principles of multiple 

5 use (as that term is defined in the Federal Land 

6 Policy and Management Act of 1976 (43 U.S.C. 

7 1701 et seq.)). 

8 SEC. 3. EXTENSION OF FUNDING FOR IMPLEMENTATION OF 

9 GEOTHERMAL STEAM ACT OF 1970. 

10 (a) IN GENERAL.—Section 234(a) of the Energy Pol11 icy Act of 2005 (42 U.S.C. 15873(a)) is amended by strik12 ing ‘‘in the first 5 fiscal years beginning after the date of 

13 enactment of this Act’’ and inserting ‘‘through fiscal year 

14 2022’’. 

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

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

17 (1) by striking ‘‘Amounts’’ and inserting the fol18 lowing: 

19 ‘‘(1) IN GENERAL.—Amounts’’; and 

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

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

22 2018 and each fiscal year thereafter, amounts depos23 ited under subsection (a) shall be available to the Sec24 retary of the Interior for expenditure, without further 

25 appropriation or fiscal year limitation, to implement 


lotter on DSKBCFDHB2PROD with BILLS
6 

•HR 825 RH

1 the Geothermal Steam Act of 1970 (30 U.S.C. 1001 

2 et seq.) and this Act.’’. 

3 SEC. 4. LAND USE PLANNING; SUPPLEMENTS TO PRO4 GRAMMATIC ENVIRONMENTAL IMPACT 

5 STATEMENTS. 

6 (a) PRIORITY AREAS.— 

7 (1) IN GENERAL.—The Secretary, in consultation 

8 with the Secretary of Energy, shall establish priority 

9 areas on covered land for geothermal, solar, and wind 

10 energy projects. 

11 (2) DEADLINE.— 

12 (A) GEOTHERMAL ENERGY.—For geo13 thermal energy, the Secretary shall establish pri14 ority areas as soon as practicable, but not later 

15 than 5 years, after the date of enactment of this 

16 Act. 

17 (B) SOLAR ENERGY.—For solar energy, the 

18 solar energy zones established by the 2012 west19 ern solar plan of the Bureau of Land Manage20 ment and any subsequent land use plan amend21 ments shall be considered to be priority areas for 

22 solar energy projects. 

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

24 Secretary shall establish priority areas as soon 


lotter on DSKBCFDHB2PROD with BILLS
7 

•HR 825 RH

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

2 the date of enactment of this Act. 

3 (b) VARIANCE AREAS.—To the maximum extent prac4 ticable, variance areas shall be considered for renewable en5 ergy project development, consistent with the principles of 

6 multiple use (as defined in the Federal Land Policy and 

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

8 (c) REVIEW AND MODIFICATION.—Not less frequently 

9 than once every 10 years, the Secretary shall— 

10 (1) review the adequacy of land allocations for 

11 geothermal, solar, and wind energy priority and vari12 ance areas for the purpose of encouraging new renew13 able energy development opportunities; and 

14 (2) based on the review carried out under para15 graph (1), add, modify, or eliminate priority, vari16 ance, and exclusion areas. 

17 (d) COMPLIANCE WITH THE NATIONAL ENVIRON18 MENTAL POLICY ACT.—For purposes of this section, compli19 ance with the National Environmental Policy Act of 1969 

20 (42 U.S.C. 4321 et seq.) shall be accomplished— 

21 (1) for geothermal energy, by supplementing the 

22 October 2008 final programmatic environmental im23 pact statement for geothermal leasing in the western 

24 United States and incorporating any additional re25 gional analyses that have been completed by Federal 


lotter on DSKBCFDHB2PROD with BILLS
8 

•HR 825 RH

1 agencies since the programmatic environmental im2 pact statement was finalized; 

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

4 2012 final programmatic environmental impact state5 ment for solar energy projects and incorporating any 

6 additional regional analyses that have been completed 

7 by Federal agencies since the programmatic environ8 mental impact statement was finalized; and 

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

10 2005 final programmatic environmental impact state11 ment for wind energy projects and incorporating any 

12 additional regional analyses that have been completed 

13 by Federal agencies since the programmatic environ14 mental impact statement was finalized. 

15 (e) NO EFFECT ON PROCESSING APPLICATIONS.—A re16 quirement to prepare a supplement to a programmatic en17 vironmental impact statement under this section shall not 

18 result in any delay in processing an application for a re19 newable energy project. 

20 (f) COORDINATION.—In developing a supplement re21 quired by this section, the Secretary shall coordinate, on 

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

23 governments, transmission infrastructure owners and oper24 ators, developers, and other appropriate entities to ensure 

25 that priority areas identified by the Secretary are— 


lotter on DSKBCFDHB2PROD with BILLS
9 

•HR 825 RH

1 (1) economically viable (including having access 

2 to transmission); 

3 (2) likely to avoid or minimize conflict with 

4 habitat for animals and plants, recreation, and other 

5 uses of covered land; and 

6 (3) consistent with section 202 of the Federal 

7 Land Policy and Management Act of 1976 (43 U.S.C. 

8 1712), including subsection (c)(9) of that section (43 

9 U.S.C. 1712(c)(9)). 

10 (g) REMOVAL FROM CLASSIFICATION.—In carrying 

11 out subsections (a) through (e), if the Secretary determines 

12 an area previously suited for development should be re13 moved from priority or variance classification, not later 

14 than 90 days after the date of the determination, the Sec15 retary shall submit to Congress a report on the determina16 tion. 

17 SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND. 

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

19 proposed renewable energy project has been sufficiently ana20 lyzed by a programmatic environmental impact statement 

21 conducted under section 4(d), the Secretary shall not re22 quire any additional review under the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

24 (b) ADDITIONAL ENVIRONMENTAL REVIEW.—If the 

25 Secretary determines that additional environmental review 


lotter on DSKBCFDHB2PROD with BILLS
10 

•HR 825 RH

1 under the National Environmental Policy Act of 1969 (42 

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

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

4 the programmatic environmental impact statement con5 ducted under section 4(d), to the maximum extent prac6 ticable when analyzing the potential impacts of the project. 

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

8 section modifies or supersedes any requirement under appli9 cable law. 

10 SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY 

11 PROJECT PERMIT COORDINATION. 

12 (a) ESTABLISHMENT.—The Secretary shall establish a 

13 program to improve Federal permit coordination with re14 spect to renewable energy projects on covered land. 

15 (b) MEMORANDUM OF UNDERSTANDING.— 

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

17 the date of enactment of this Act, the Secretary shall 

18 enter into a memorandum of understanding for pur19 poses of this section, including to specifically expedite 

20 the environmental analysis of applications for 

21 projects proposed in a variance area, with— 

22 (A) the Secretary of Agriculture; and 

23 (B) the Assistant Secretary of the Army for 

24 Civil Works. 


lotter on DSKBCFDHB2PROD with BILLS
11 

•HR 825 RH

1 (2) STATE PARTICIPATION.—The Secretary may 

2 request the Governor of any interested State to be a 

3 signatory to the memorandum of understanding 

4 under paragraph (1). 

5 (c) DESIGNATION OF QUALIFIED STAFF.— 

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

7 the date on which the memorandum of understanding 

8 under subsection (b) is executed, all Federal signato9 ries, as appropriate, shall identify for each of the Bu10 reau of Land Management Renewable Energy Coordi11 nation Offices an employee who has expertise in the 

12 regulatory issues relating to the office in which the 

13 employee is employed, including, as applicable, par14 ticular expertise in— 

15 (A) consultation regarding, and prepara16 tion of, biological opinions under section 7 of the 

17 Endangered Species Act of 1973 (16 U.S.C. 

18 1536); 

19 (B) permits under section 404 of Federal 

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

21 (C) regulatory matters under the Clean Air 

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

23 (D) planning under section 14 of the Na24 tional Forest Management Act of 1976 (16 

25 U.S.C. 472a); 


lotter on DSKBCFDHB2PROD with BILLS
12 

•HR 825 RH

1 (E) the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

3 (F) the Migratory Bird Treaty Act (16 

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

5 (G) the preparation of analyses under the 

6 National Environmental Policy Act of 1969 (42 

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

8 (2) DUTIES.—Each employee assigned under 

9 paragraph (1) shall— 

10 (A) be responsible for addressing all issues 

11 relating to the jurisdiction of the home office or 

12 agency of the employee; and 

13 (B) participate as part of the team of per14 sonnel working on proposed energy projects, 

15 planning, monitoring, inspection, enforcement, 

16 and environmental analyses. 

17 (d) ADDITIONAL PERSONNEL.—The Secretary may as18 sign such additional personnel for the Bureau of Land 

19 Management Renewable Energy Coordination Offices as are 

20 necessary to ensure the effective implementation of any pro21 grams administered by the offices, including inspection and 

22 enforcement relating to renewable energy project develop23 ment on covered land, in accordance with the multiple use 

24 mandate of the Federal Land Policy and Management Act 

25 of 1976 (43 U.S.C. 1701 et seq.). 


lotter on DSKBCFDHB2PROD with BILLS
13 

•HR 825 RH

1 (e) RENEWABLE ENERGY COORDINATION OFFICES.— 

2 In carrying out the program established under subsection 

3 (a), the Secretary may— 

4 (1) establish additional Bureau of Land Manage5 ment Renewable Energy Coordination Offices; or 

6 (2) temporarily assign the qualified staff des7 ignated under subsection (c) to a State, district, or 

8 field office of the Bureau of Land Management to ex9 pedite the permitting of renewable energy projects. 

10 (f) REPORT TO CONGRESS.— 

11 (1) IN GENERAL.—Not later than February 1 of 

12 the first fiscal year beginning after the date of enact13 ment of this Act, and each February 1 thereafter, the 

14 Secretary shall submit to the Committee on Energy 

15 and Natural Resources of the Senate and the Com16 mittee on Natural Resources of the House of Rep17 resentatives a report describing the progress made 

18 under the program established under subsection (a) 

19 during the preceding year. 

20 (2) INCLUSIONS.—Each report under this sub21 section shall include— 

22 (A) projections for renewable energy produc23 tion and capacity installations; and 

24 (B) a description of any problems relating 

25 to leasing, permitting, siting, or production. 


lotter on DSKBCFDHB2PROD with BILLS
14 

•HR 825 RH

1 SEC. 7. DISPOSITION OF REVENUES. 

2 (a) DISPOSITION OF REVENUES.—Beginning on Janu3 ary 1, 2018, without further appropriation or fiscal year 

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

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

6 or other authorization (other than under section 504(g) of 

7 the Federal Land Policy and Management Act of 1976 (43 

8 U.S.C. 1764(g))) for the development of wind or solar en9 ergy on covered land— 

10 (1) 25 percent shall be paid by the Secretary of 

11 the Treasury to the State within the boundaries of 

12 which the revenue is derived; 

13 (2) 25 percent shall be paid by the Secretary of 

14 the Treasury to the one or more counties within the 

15 boundaries of which the revenue is derived, to be allo16 cated among the counties based on the percentage of 

17 land from which the revenue is derived; 

18 (3) to be deposited in the Treasury and be made 

19 available to the Secretary to carry out the program 

20 established by section 6, including the transfer of the 

21 funds by the Bureau of Land Management to other 

22 Federal agencies and State agencies to facilitate the 

23 processing of renewable energy permits on Federal 

24 land, with priority given to using the amounts, to the 

25 maximum extent practicable, to expediting the 

26 issuance of permits required for the development of reVerDate Sep 11 2014 23:57 Sep 21, 2017 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H825.RH H825

lotter on DSKBCFDHB2PROD with BILLS
15 

•HR 825 RH

1 newable energy projects in the States from which the 

2 revenues are derived— 

3 (A) 25 percent for each of fiscal years 2018 

4 through 2027; 

5 (B) 20 percent for each of fiscal years 2028 

6 through 2032; 

7 (C) 15 percent for each of fiscal years 2033 

8 through 2037; and 

9 (D) 10 percent for fiscal year 2038 and 

10 each fiscal year thereafter; and 

11 (4) to be deposited in the Renewable Energy Re12 source Conservation Fund established by subsection 

13 (c)— 

14 (A) 25 percent for each of fiscal years 2018 

15 through 2027; 

16 (B) 30 percent for each of fiscal years 2028 

17 through 2032; 

18 (C) 35 percent for each of fiscal years 2033 

19 through 2037; and 

20 (D) 40 percent for fiscal year 2038 and 

21 each fiscal year thereafter. 

22 (b) PAYMENTS TO STATES AND COUNTIES.— 

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

24 counties under subsection (a) shall be used consistent 


lotter on DSKBCFDHB2PROD with BILLS
16 

•HR 825 RH

1 with section 35 of the Mineral Leasing Act (30 U.S.C. 

2 191). 

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

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

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

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

7 (c) RENEWABLE ENERGY RESOURCE CONSERVATION

8 FUND.— 

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

10 Treasury a fund, to be known as the ‘‘Renewable En11 ergy Resource Conservation Fund’’, to be adminis12 tered by the Secretary, in consultation with the Sec13 retary of Agriculture. 

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

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

16 tribal agencies to be distributed in regions in which 

17 renewable energy projects are located on Federal land, 

18 for the purposes of— 

19 (A) restoring and protecting— 

20 (i) fish and wildlife habitat for affected 

21 species; 

22 (ii) fish and wildlife corridors for af23 fected species; and 


lotter on DSKBCFDHB2PROD with BILLS
17 

•HR 825 RH

1 (iii) water resources in areas affected 

2 by wind, geothermal, or solar energy devel3 opment; and 

4 (B) preserving and improving recreational 

5 access to Federal land and water in an affected 

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

7 other instrument from willing landowners for the 

8 purpose of enhancing public access to existing 

9 Federal land and water that is inaccessible or re10 stricted. 

11 (3) RESTRICTION ON USE OF FUNDS.—No funds 

12 made available under this subsection may be used for 

13 the purchase of real property unless in fulfillment of 

14 subparagraph (B) of paragraph (2). 

15 (4) PARTNERSHIPS.—The Secretary may enter 

16 into cooperative agreements with State and tribal 

17 agencies, nonprofit organizations, and other appro18 priate entities to carry out the activities described in 

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

20 (5) INVESTMENT OF FUND.— 

21 (A) IN GENERAL.—Any amounts deposited 

22 in the Fund shall earn interest in an amount de23 termined by the Secretary of the Treasury on the 

24 basis of the current average market yield on outVerDate Sep 11 2014 23:57 Sep 21, 2017 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H825.RH H825

lotter on DSKBCFDHB2PROD with BILLS
18 

•HR 825 RH

1 standing marketable obligations of the United 

2 States of comparable maturities. 

3 (B) USE.—Any interest earned under sub4 paragraph (A) may be expended in accordance 

5 with this subsection. 

6 (6) REPORT TO CONGRESS.—At the end of each 

7 fiscal year, the Secretary shall report to the Com8 mittee on Natural Resources of the House of Rep9 resentatives and the Committee on Energy and Nat10 ural Resources of the Senate— 

11 (A) the amount collected as described in 

12 subsection (a), by source, during that fiscal year; 

13 (B) the amount and purpose of payments 

14 during that fiscal year to each Federal, State, 

15 and tribal agency under paragraph (2); and 

16 (C) the amount remaining in the Fund at 

17 the end of the fiscal year. 

18 (7) INTENT OF CONGRESS.—It is the intent of 

19 Congress that the revenues deposited and used in the 

20 Fund shall supplement (and not supplant) annual 

21 appropriations for activities described in subpara22 graphs (A) and (B) of paragraph (2). 

23 SEC. 8. SAVINGS CLAUSE. 

24 Notwithstanding any other provision of this Act, the 

25 Secretary shall continue to manage public land under the 


lotter on DSKBCFDHB2PROD with BILLS
19 

•HR 825 RH

1 principles of multiple use and sustained yield in accordance 

2 with title I of the Federal Land Policy and Management 

3 Act of 1976 (43 U.S.C. 1701 et seq.), including due consid4 eration of mineral and nonrenewable energy-related projects 

5 and other nonrenewable energy uses, for the purposes of 

6 land use planning, permit processing, and conducting envi7 ronmental reviews. 


lotter on DSKBCFDHB2PROD with BILLS
Union Calendar No. 231 

115TH CONGRESS 

1ST SESSION H. R. 825 

[Report No. 115–321, Part I] 

A BILL 

To promote the development of renewable energy 

on public land, and for other purposes. 

SEPTEMBER 21, 2017 

Reported from the Committee on Natural Resources with 

an amendment 

SEPTEMBER 21, 2017 

The Committee on Agriculture discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


lotter on DSKBCFDHB2PROD with BILLS