IB 

Union Calendar No. 200 

112TH CONGRESS 

1ST SESSION H. R. 2172 

[Report No. 112–300, Part I] 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2011 

Mrs. NOEM (for herself, Mr. HASTINGS of Washington, Mr. LAMBORN, Mr. 

BROUN of Georgia, Mr. DUNCAN of Tennessee, and Mr. WITTMAN) 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 

DECEMBER 1, 2011 

Additional sponsors: Mr. LANDRY, Mr. MCCLINTOCK, Mr. DUNCAN of South 

Carolina, Mr. LABRADOR, Mr. FLORES, and Mr. SOUTHERLAND

DECEMBER 1, 2011 

Reported from the Committee on Natural Resources with an amendment 

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

DECEMBER 1, 2011 

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 June 14, 2011] 


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A BILL 

To facilitate the development of wind energy resources on 

Federal lands. 


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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 at the ‘‘Utilizing America’s Fed5 eral Lands for Wind Energy Act’’. 

6 SEC. 2. ONSHORE METEOROLOGICAL SITE TESTING AND 

7 MONITORING PROJECT. 

8 (a) DEFINITION OF METEOROLOGICAL SITE TESTING

9 AND MONITORING PROJECT.—In this section, the term ‘‘me10 teorological site testing and monitoring project’’ means a 

11 project carried out on land administered by the Bureau of 

12 Land Management or the Forest Service to test or monitor 

13 weather (including wind and solar energy) using towers or 

14 other devices, that— 

15 (1) causes— 

16 (A) less than 1 acre of soil or vegetation dis17 ruption at the location of each meteorological 

18 tower or other device; and 

19 (B) not more than 5 acres of soil or disrup20 tion within the proposed right-of-way for the 

21 project; 

22 (2) is installed— 

23 (A) to the maximum extent practicable, 

24 using existing access roads; 


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1 (B) in a manner that does not require off2 road motorized access other than 1 installation 

3 activity and 1 decommissioning activity along 

4 an identified off-road route approved by the Di5 rector of the Bureau of Land Management or 

6 Chief of the Forest Service; 

7 (C) without construction of new roads other 

8 than upgrading of existing minor drainage 

9 crossings for safety purposes; and 

10 (D) without the use of digging or drilling 

11 equipment vehicles other than rubber-tired vehi12 cles with gross weight ratings under 8,500 

13 pounds; 

14 (3) is decommissioned not more than 5 years 

15 after the date of commencement of the project, includ16 ing— 

17 (A) removal of any towers, devices, or other 

18 surface infrastructure from the site; and 

19 (B) restoration of the site to approximately 

20 the condition that existed at the time the project 

21 began; and 

22 (4) provides meteorological information obtained 

23 by the permitted project to the Bureau of Land Man24 agement and the Forest Service. 


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1 (b) NEPA EXCLUSION.—Section 102(2)(C) of the Na2 tional Environmental Policy Act of 1969 (42 U.S.C. 

3 4332(2)(C)) shall not apply with respect to a meteorological 

4 site testing and monitoring project. 

5 (c) PERMIT TIMELINE AND CONDITIONS.— 

6 (1) IN GENERAL.—The Director of the Bureau of 

7 Land Management or Chief of the Forest Service, as 

8 applicable, shall decide whether to issue a permit for 

9 a project that is a meteorological site testing and 

10 monitoring project within 30 days after receiving an 

11 application for the permit. 

12 (2) PUBLIC COMMENT AND CONSULTATION.— 

13 During the period referred to in paragraph (1), the 

14 Director of the Bureau of Land Management or the 

15 Chief of the Forest Service, as applicable, shall— 

16 (A) provide an opportunity for submission 

17 of comments by the public; and 

18 (B) consult with the heads of other Federal, 

19 State, and local agencies that would be affected 

20 by the issuance of the permit. 

21 (3) DENIAL OF APPLICATION.—If the application 

22 is denied, the Director or Chief, respectively, shall 

23 provide the applicant— 

24 (A) in writing, clear and comprehensive 

25 reasons why the application was not approved 


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1 and detailed information concerning any defi2 ciencies, and 

3 (B) an opportunity to remedy any defi4 ciencies. 

5 (d) PROTECTION OF INFORMATION.—The information 

6 provided to the Bureau of Land Management and the Forest 

7 Service pursuant to subsection (a)(4) shall be treated by 

8 such agency as proprietary information and protected 

9 against disclosure. 


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Union Calendar No. 200 

112TH CONGRESS 

1ST SESSION H. R. 2172 

[Report No. 112–300, Part I] 

A BILL 

To facilitate the development of wind energy 

resources on Federal lands. 

DECEMBER 1, 2011 

Reported from the Committee on Natural Resources with 

an amendment 

DECEMBER 1, 2011 

The Committee on Agriculture discharged; committed to 

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


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