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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3794 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 561
116th CONGRESS
  2d Session
                                H. R. 3794

                      [Report No. 116-677, Part I]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2019

   Mr. Gosar (for himself, Mr. Levin of California, Mr. LaMalfa, Mr. 
 Lowenthal, Mr. Huffman, Mr. Tipton, Mr. Amodei, Mr. Beyer, Mr. Biggs, 
  Mr. Bishop of Utah, Mr. Cartwright, Ms. DelBene, Mrs. Dingell, Mr. 
   Gaetz, Ms. Haaland, Mr. Lujan, Mr. Newhouse, Mr. Schweikert, Mr. 
 Simpson, Mr. Stauber, Mr. Stewart, Mr. Young, Mr. Cook, Mr. Marshall, 
and Mr. Gianforte) 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 18, 2020

Additional sponsors: Mr. Case, Ms. Matsui, Mr. Thompson of California, 
 Mr. Van Drew, Ms. Torres Small of New Mexico, Mr. Kildee, Ms. Titus, 
  Mr. Westerman, Mr. Ruiz, Mrs. Lesko, Mr. Watkins, Ms. DeGette, Mr. 
     Neal, Mr. Perlmutter, Mr. Bacon, Ms. Slotkin, Mrs. Torres of 
  California, Mr. Blumenauer, Mr. Foster, Mr. Kilmer, Mr. Rouda, Mr. 
Quigley, Mr. Krishnamoorthi, Ms. Pingree, Mr. Peters, Mr. Lamborn, Ms. 
Brownley of California, Mr. Kennedy, Mr. Kind, Mr. Khanna, Mr. Kim, Mr. 
 Cox of California, Mr. Keating, Mr. Crow, Mr. Rutherford, Mr. Cooper, 
 Mr. McAdams, Mr. Cunningham, Mr. Sablan, Mr. McEachin, Mr. Costa, Mr. 
     Sires, Mr. Posey, Mr. Katko, Mrs. Napolitano, and Mrs. Beatty

                           December 18, 2020

   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 18, 2020

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 July 
                               17, 2019]

_______________________________________________________________________

                                 A BILL

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

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Land Renewable Energy 
Development Act of 2019''.

SEC. 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; supplements to programmatic environmental 
                            impact statements.
Sec. 5. Environmental review on covered land.
Sec. 6. Program to improve renewable energy project permit 
                            coordination.
Sec. 7. Increasing economic certainty.
Sec. 8. Limited grandfathering.
Sec. 9. Renewable energy goal.
Sec. 10. Disposition of revenues.
Sec. 11. Promoting and enhancing development of geothermal energy.
Sec. 12. Facilitation of coproduction of geothermal energy on oil and 
                            gas leases.
Sec. 13. Noncompetitive leasing of adjoining areas for development of 
                            geothermal resources.
Sec. 14. Savings clause.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A) public lands administered by the Secretary; and
                    (B) not excluded from the development of 
                geothermal, solar, or wind energy under--
                            (i) a land use plan established under the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.); 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) land of the National Forest System (as defined 
                in section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or
                    (B) public lands.
            (4) Fund.--The term ``Fund'' means the Renewable Energy 
        Resource Conservation Fund established by section 10(c)(1).
            (5) 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).
            (6) 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).
            (7) 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.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) 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 that term is defined in 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1701 et seq.)).

SEC. 4. LAND USE PLANNING; SUPPLEMENTS 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. Projects 
        located in those priority areas shall be given the highest 
        priority for review, and shall be offered the opportunity to 
        participate in any regional mitigation plan developed for the 
        relevant priority areas.
            (2) Deadline.--
                    (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, solar 
                Designated Leasing Areas, including the solar energy 
                zones established by the 2012 western solar plan of the 
                Bureau of Land Management and any subsequent land use 
                plan amendments, shall be considered to be priority 
                areas for solar energy projects. The Secretary shall 
                establish 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 establish 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.--To the maximum extent practicable, 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.)).
    (c) Review and Modification.--Not less than once every 5 years, the 
Secretary shall--
            (1) review the adequacy of land allocations for geothermal, 
        solar, and wind energy priority and variance areas for the 
        purpose of encouraging new renewable energy development 
        opportunities; and
            (2) based on the review carried out under paragraph (1), 
        add, modify, or eliminate priority, variance, and exclusion 
        areas.
    (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 supplementing the October 
        2008 final programmatic environmental impact statement for 
        geothermal leasing in the Western United States and 
        incorporating any additional regional analyses that have been 
        completed by Federal agencies since the programmatic 
        environmental impact statement was finalized;
            (2) for solar energy, by supplementing the July 2012 final 
        programmatic environmental impact statement for solar energy 
        development and incorporating any additional regional analyses 
        that have been completed by Federal agencies since the 
        programmatic environmental impact statement was finalized; and
            (3) for wind energy, by supplementing the July 2005 final 
        programmatic environmental impact statement for wind energy 
        development 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 Applications.--Any requirements to 
prepare a supplement to a programmatic environmental impact statement 
under this section shall not result in any delay in processing a 
pending application for a renewable energy project.
    (f) Coordination.--In developing a supplement 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/or 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)).

SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND.

    (a) In General.--If the Secretary determines that a proposed 
renewable energy project has been sufficiently analyzed by a 
programmatic environmental impact statement conducted under section 
4(d), the Secretary shall not require any additional review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The 
Secretary shall publish any such project determinations on a publicly 
available website.
    (b) Additional Environmental Review.--If the Secretary determines 
that additional environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed 
renewable energy project, the Secretary shall rely on the analysis in 
the programmatic environmental impact statement conducted under section 
4(d), to the maximum extent practicable when analyzing the potential 
impacts of the project.
    (c) Relationship to Other Law.--Nothing in this section modifies or 
supersedes any requirement under applicable law.

SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT PERMIT 
              COORDINATION.

    (a) Establishment.--The Secretary shall establish a national 
Renewable Energy Coordination Office and State, district, or field 
offices with responsibility to establish and implement a program to 
improve Federal permit coordination with respect to renewable energy 
projects on covered land and other activities deemed necessary by the 
Secretary. In carrying out the program, the Secretary may temporarily 
assign qualified staff to Renewable Energy Coordination Offices to 
expedite the permitting of renewable energy projects.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for purposes of this section, 
        including to specifically expedite the environmental analysis 
        of applications for projects proposed in a variance area or a 
        priority area, with the Secretary of Defense and the Secretary 
        of Agriculture.
            (2) State and tribal participation.--The Secretary may 
        request the Governor of any interested State or any Tribal 
        leader of any interested Indian Tribe (as defined in section 4 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 5304)) to be a signatory to the memorandum of 
        understanding under paragraph (1).
    (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date on 
        which the memorandum of understanding under subsection (b) is 
        executed, all Federal signatories, as appropriate, shall 
        identify for each of the Bureau of Land Management Renewable 
        Energy Coordination Offices one or more employees who have 
        expertise in the regulatory issues relating to the office in 
        which the employee is employed, including, as applicable, 
        particular expertise in--
                    (A) consultation regarding, and preparation of, 
                biological opinions under section 7 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1536);
                    (B) permits under section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) regulatory matters under the Clean Air Act (42 
                U.S.C. 7401 et seq.);
                    (D) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);
                    (F) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.);
                    (G) implementation of the requirements of section 
                306108 of title 54, United States Code (formerly known 
                as section 106 of the National Historic Preservation 
                Act);
                    (H) planning under section 14 of the National 
                Forest Management Act of 1976 (16 U.S.C. 472a);
                    (I) the Bald and Golden Eagle Protection Act (16 
                U.S.C. 668-668d); and
                    (J) section 100101(a), chapter 1003, and sections 
                100751(a), 100752, 100753 and 102101 of title 54 , 
                United States Code (previously known as the ``National 
                Park Service Organic Act'').
            (2) Duties.--Each employee assigned under paragraph (1) 
        shall--
                    (A) be responsible for addressing all issues 
                relating to the jurisdiction of the home office or 
                agency of the employee; and
                    (B) participate as part of the team of personnel 
                working on proposed energy projects, planning, 
                monitoring, inspection, enforcement, and environmental 
                analyses.
    (d) Additional Personnel.--The Secretary may assign such additional 
personnel for the Bureau of Land Management Renewable Energy 
Coordination Offices as are necessary to ensure the effective 
implementation of any programs administered by the offices in 
accordance with the multiple use mandate of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Clarification of Existing Authority.--Under section 307 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737), the 
Bureau of Land Management may--
            (1) accept donations for the purposes of public lands 
        management; and
            (2) accept donations from renewable energy companies 
        working on public lands to help cover the costs of 
        environmental reviews.
    (f) Report to Congress.--
            (1) In general.--Not later than February 1 of the first 
        fiscal year beginning after the date of the enactment of this 
        Act, and each February 1 thereafter, the Secretary shall submit 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives a report describing the progress made under the 
        program established under subsection (a) during the preceding 
        year.
            (2) Inclusions.--Each report under this subsection shall 
        include--
                    (A) projections for renewable energy production and 
                capacity installations; and
                    (B) a description of any problems relating to 
                leasing, permitting, siting, or production.

SEC. 7. INCREASING ECONOMIC CERTAINTY.

    (a) Considerations.--The Secretary is authorized to and shall 
consider acreage rental rates, capacity fees, and other recurring 
annual fees in total when evaluating existing rates paid for the use of 
Federal land by renewable energy projects.
    (b) Increases in Base Rental Rates.--Once a base rental rate is 
established upon the issuance of a right-of-way authorization, 
increases in the base rent shall be limited to the Implicit Price 
Deflator-Gross Domestic Product (IPD-GDP) index for the entire term of 
the right-of-way authorization.
    (c) Reductions in Base Rental Rates.--The Secretary is authorized 
to reduce acreage rental rates and capacity fees, or both, for existing 
and new wind and solar authorizations if the Secretary determines--
            (1) that the existing rates--
                    (A) exceed fair market value;
                    (B) impose economic hardships;
                    (C) limit commercial interest in a competitive 
                lease sale or right-of-way grant; or
                    (D) are not competitively priced compared to other 
                available land; or
            (2) that a reduced rental rate or capacity fee is necessary 
        to promote the greatest use of wind and solar energy resources, 
        especially those resources inside priority areas. Rental rates 
        and capacity fees for projects that are within the boundaries 
        of a Designated Leasing Area but not formally recognized as 
        being in such an area shall be equivalent to rents and fees for 
        new leases inside of a Designated Leasing Area.

SEC. 8. 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 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)).

SEC. 9. RENEWABLE ENERGY GOAL.

    The Secretary and the Secretary of Agriculture shall seek to issue 
permits that, in total, authorize production of not less than 25 
gigawatts of electricity from wind, solar, and geothermal energy 
projects by not later than 2025, through management of public lands and 
administration of Federal laws.

SEC. 10. DISPOSITION OF REVENUES.

    (a) Disposition of Revenues.--Beginning on January 1, 2020, of the 
amounts collected as bonus bids, rentals, fees, or other payments under 
a right-of-way, permit, lease, or other authorization (other than under 
section 504(g) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1764(g))) for the development of wind or solar energy on 
covered land or National Forest System land, the following shall be 
made available without further appropriation or fiscal year limitation 
as follows:
            (1) Twenty-five percent shall be paid by the Secretary of 
        the Treasury to the State within the boundaries of which the 
        revenue is derived.
            (2) 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.
            (3) Fifteen 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.
            (4) Twenty-five percent shall be deposited in the Renewable 
        Energy Resource Conservation Fund established by subsection 
        (c).
            (5) The remainder shall be deposited into the general fund 
        of the Treasury for purposes of reducing the annual Federal 
        budget deficit.
    (b) Payments to States and Counties.--
            (1) In general.--Amounts paid to States and counties under 
        subsection (a) 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, for the purposes of--
                    (A) restoring and protecting--
                            (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) preserving and improving 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) Restriction on use of funds.--No funds made available 
        under this subsection may be used for the purchase of real 
        property unless in fulfillment of paragraph (2)(B).
            (4) 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 subparagraphs (A) and (B) of paragraph 
        (2).
            (5) Investment of fund.--
                    (A) In general.--Any 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.--Any interest earned under subparagraph 
                (A) may be expended in accordance with this subsection.
            (6) Report to congress.--At the end of each fiscal year, 
        the Secretary shall report to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate--
                    (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.
            (7) 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 subparagraphs (A) and (B) of paragraph (2).

SEC. 11. PROMOTING AND ENHANCING DEVELOPMENT OF GEOTHERMAL ENERGY.

    (a) In General.--Section 234(a) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(a)) is amended by striking ``in the first 5 fiscal 
years beginning after the date of enactment of this Act'' and inserting 
``through fiscal year 2022''.
    (b) Authorization.--Section 234(b) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(b)) is amended--
            (1) by striking ``Amounts'' and inserting the following:
            ``(1) In general.--Amounts''; and
            (2) by adding at the end the following:
            ``(2) Authorization.--Effective for fiscal year 2019 and 
        each fiscal year thereafter, amounts deposited under subsection 
        (a) shall be available to the Secretary of the Interior for 
        expenditure, without further appropriation or fiscal year 
        limitation, to implement the Geothermal Steam Act of 1970 (30 
        U.S.C. 1001 et seq.) and this Act.''.

SEC. 12. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND 
              GAS LEASES.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(b)) is amended by adding at the end the following:
            ``(4) Land subject to oil and gas lease.--Land under an oil 
        and gas lease issued pursuant to the Mineral Leasing Act (30 
        U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired 
        Lands (30 U.S.C. 351 et seq.) that is subject to an approved 
        application for permit to drill and from which oil and gas 
        production is occurring may be available for noncompetitive 
        leasing under subsection (c) by the holder of the oil and gas 
        lease--
                    ``(A) on a determination that geothermal energy 
                will be produced from a well producing or capable of 
                producing oil and gas; and
                    ``(B) in order to provide for the coproduction of 
                geothermal energy with oil and gas.''.

SEC. 13. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF 
              GEOTHERMAL RESOURCES.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(b)) is further amended by adding at the end the following:
            ``(5) Adjoining land.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Fair market value per acre.--The term 
                        `fair market value per acre' means a dollar 
                        amount per acre that--
                                    ``(I) except as provided in this 
                                clause, shall be equal to the market 
                                value per acre (taking into account the 
                                determination under subparagraph 
                                (B)(iii) regarding a valid discovery on 
                                the adjoining land) as determined by 
                                the Secretary under regulations issued 
                                under this paragraph;
                                    ``(II) shall be determined by the 
                                Secretary with respect to a lease under 
                                this paragraph, by not later than the 
                                end of the 180-day period beginning on 
                                the date the Secretary receives an 
                                application for the lease; and
                                    ``(III) shall be not less than the 
                                greater of--
                                            ``(aa) 4 times the median 
                                        amount paid per acre for all 
                                        land leased under this Act 
                                        during the preceding year; or
                                            ``(bb) $50.
                            ``(ii) Industry standards.--The term 
                        `industry standards' means the standards by 
                        which a qualified geothermal professional 
                        assesses whether downhole or flowing 
                        temperature measurements with indications of 
                        permeability are sufficient to produce energy 
                        from geothermal resources, as determined 
                        through flow or injection testing or 
                        measurement of lost circulation while drilling.
                            ``(iii) Qualified federal land.--The term 
                        `qualified Federal land' means land that is 
                        otherwise available for leasing under this Act.
                            ``(iv) Qualified geothermal professional.--
                        The term `qualified geothermal professional' 
                        means an individual who is an engineer or 
                        geoscientist in good professional standing with 
                        at least 5 years of experience in geothermal 
                        exploration, development, or project 
                        assessment.
                            ``(v) Qualified lessee.--The term 
                        `qualified lessee' means a person who may hold 
                        a geothermal lease under this Act (including 
                        applicable regulations).
                            ``(vi) Valid discovery.--The term `valid 
                        discovery' means a discovery of a geothermal 
                        resource by a new or existing slim hole or 
                        production well, that exhibits downhole or 
                        flowing temperature measurements with 
                        indications of permeability that are sufficient 
                        to meet industry standards.
                    ``(B) Authority.--An area of qualified Federal land 
                that adjoins other land for which a qualified lessee 
                holds a legal right to develop geothermal resources may 
                be available for a noncompetitive lease under this 
                section to the qualified lessee at the fair market 
                value per acre, if--
                            ``(i) the area of qualified Federal land--
                                    ``(I) consists of not less than 1 
                                acre and not more than 640 acres; and
                                    ``(II) is not already leased under 
                                this Act or nominated to be leased 
                                under subsection (a);
                            ``(ii) the qualified lessee has not 
                        previously received a noncompetitive lease 
                        under this paragraph in connection with the 
                        valid discovery for which data has been 
                        submitted under clause (iii)(I); and
                            ``(iii) sufficient geological and other 
                        technical data prepared by a qualified 
                        geothermal professional has been submitted by 
                        the qualified lessee to the applicable Federal 
                        land management agency that would lead 
                        individuals who are experienced in the subject 
                        matter to believe that--
                                    ``(I) there is a valid discovery of 
                                geothermal resources on the land for 
                                which the qualified lessee holds the 
                                legal right to develop geothermal 
                                resources; and
                                    ``(II) that geothermal feature 
                                extends into the adjoining areas.
                    ``(C) Determination of fair market value.--
                            ``(i) In general.--The Secretary shall--
                                    ``(I) publish a notice of any 
                                request to lease land under this 
                                paragraph;
                                    ``(II) determine fair market value 
                                for purposes of this paragraph in 
                                accordance with procedures for making 
                                those determinations that are 
                                established by regulations issued by 
                                the Secretary;
                                    ``(III) provide to a qualified 
                                lessee and publish, with an opportunity 
                                for public comment for a period of 30 
                                days, any proposed determination under 
                                this subparagraph of the fair market 
                                value of an area that the qualified 
                                lessee seeks to lease under this 
                                paragraph; and
                                    ``(IV) provide to the qualified 
                                lessee and any adversely affected party 
                                the opportunity to appeal the final 
                                determination of fair market value in 
                                an administrative proceeding before the 
                                applicable Federal land management 
                                agency, in accordance with applicable 
                                law (including regulations).
                            ``(ii) Limitation on nomination.--After 
                        publication of a notice of request to lease 
                        land under this paragraph, the Secretary may 
                        not accept under subsection (a) any nomination 
                        of the land for leasing unless the request has 
                        been denied or withdrawn.
                            ``(iii) Annual rental.--For purposes of 
                        section 5(a)(3), a lease awarded under this 
                        paragraph shall be considered a lease awarded 
                        in a competitive lease sale.
                    ``(D) Regulations.--Not later than 270 days after 
                the date of the enactment of this paragraph, the 
                Secretary shall issue regulations to carry out this 
                paragraph.''.

SEC. 14. SAVINGS CLAUSE.

    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.), 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.
                                                 Union Calendar No. 561

116th CONGRESS

  2d Session

                               H. R. 3794

                      [Report No. 116-677, Part I]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 18, 2020

   Reported from the Committee on Natural Resources with an amendment

                           December 18, 2020

Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
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