I 

111TH CONGRESS 

2D SESSION H. R. 5508 

To provide for the development of solar pilot project areas on public land 

in Lincoln County, Nevada. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 10, 2010 

Mr. HELLER introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for the development of solar pilot project areas 

on public land in Lincoln County, Nevada. 

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 ‘‘American Solar En5 ergy Pilot Leasing Act of 2010’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COUNTY.—The term ‘‘County’’ means Lin9 coln County, Nevada. 


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1 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means any of the Federal land in the State under 

3 the administrative jurisdiction of the Bureau of 

4 Land Management that is identified as a ‘‘solar de5 velopment zone’’ on the maps. 

6 (3) FUND.—The term ‘‘Fund’’ means the Re7 newable Energy Mitigation and Fish and Wildlife 

8 Fund established by section 3(d)(5)(A). 

9 (4) MAP.—The term ‘‘map’’ means each of— 

10 (A) the map entitled ‘‘Dry Lake Valley 

11 Solar Development Zone’’ and dated May 25, 

12 2010; and 

13 (B) the map entitled ‘‘Delamar Valley 

14 Solar Development Zone’’ and dated May 25, 

15 2010. 

16 (5) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior, acting through the Di18 rector of the Bureau of Land Management. 

19 (6) STATE.—The term ‘‘State’’ means the State 

20 of Nevada. 

21 SEC. 3. DEVELOPMENT OF SOLAR PILOT PROJECT AREAS 

22 ON PUBLIC LAND IN LINCOLN COUNTY, NE23 VADA. 

24 (a) DESIGNATION.—In accordance with sections 201 

25 and 202 of the Federal Land Policy and Management Act 


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1 of 1976 (43 U.S.C. 1711, 1712) and subject to valid exist2 ing rights, the Secretary shall designate the Federal land 

3 as a solar pilot project area. 

4 (b) APPLICABLE LAW.—The designation of the solar 

5 pilot project area under subsection (a) shall be subject to 

6 the requirements of— 

7 (1) this Act; 

8 (2) the Federal Land Policy and Management 

9 Act of 1976 (43 U.S.C. 1701 et seq.); and 

10 (3) any other applicable law (including regula11 tions). 

12 (c) SOLAR LEASE SALES.— 

13 (1) IN GENERAL.—The Secretary shall conduct 

14 lease sales and issue leases for commercial solar en15 ergy development on the Federal land, in accordance 

16 with this subsection. 

17 (2) DEADLINE FOR LEASE SALES.—Not later 

18 than 60 days after the date of enactment of this 

19 Act, the Secretary, after consulting with affected 

20 governments and other stakeholders, shall conduct 

21 lease sales for the Federal land. 

22 (3) EASEMENTS, SPECIAL-USE PERMITS, AND

23 RIGHTS-OF-WAY.—Except for the temporary place24 ment and operation of testing or data collection de25 vices, as the Secretary determines to be appropriate, 


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1 and the rights-of-way granted under section 

2 301(b)(1) of the Lincoln County Conservation, 

3 Recreation, and Development Act of 2004 (Public 

4 Law 108–424; 118 Stat. 2413) and BLM Case File 

5 N–78803, no new easements, special-use permits, or 

6 rights-of-way shall be allowed on the Federal land 

7 during the period beginning on the date of enact8 ment of this Act and ending on the date of the 

9 issuance of a lease for the Federal land. 

10 (4) DILIGENT DEVELOPMENT REQUIRE11 MENTS.—In issuing a lease under this subsection, 

12 the Secretary shall include work requirements and 

13 mandatory milestones— 

14 (A) to ensure that diligent development is 

15 carried out under the lease; and 

16 (B) to reduce speculative behavior. 

17 (5) LAND MANAGEMENT.—The Secretary 

18 shall— 

19 (A) establish the duration of leases issued 

20 under this subsection; 

21 (B) include provisions in the lease requir22 ing the holder of a lease granted under this 

23 subsection— 


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1 (i) to furnish a reclamation bond or 

2 other form of security determined to be ap3 propriate by the Secretary; 

4 (ii) on completion of the activities au5 thorized by the lease— 

6 (I) to restore the Federal land 

7 that is subject to the lease to the con8 dition in which the Federal land ex9 isted before the lease was granted; or 

10 (II) to conduct mitigation activi11 ties if restoration of the land to the 

12 condition described in subclause (I) is 

13 impracticable; and 

14 (iii) to comply with such other re15 quirements as the Secretary considers nec16 essary to protect the interests of the public 

17 and the United States; and 

18 (C)(i) establish best management practices 

19 to ensure the sound, efficient, and environ20 mentally responsible development of solar re21 sources on the Federal land in a manner that 

22 would avoid, minimize, and mitigate actual and 

23 anticipated impacts to habitat and ecosystem 

24 function resulting from the development; and 


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1 (ii) include provisions in the lease requiring 

2 renewable energy operators to comply with the 

3 practices established under clause (i). 

4 (d) ROYALTIES.— 

5 (1) IN GENERAL.—The Secretary shall establish 

6 royalties, fees, rentals, bonuses, and any other pay7 ments the Secretary determines to be appropriate to 

8 ensure a fair return to the United States for any 

9 lease issued under this section. 

10 (2) RATE.—Any lease issued under this section 

11 shall require the payment of a royalty established by 

12 the Secretary by regulation in an amount that is 

13 equal to a percentage of the gross proceeds from the 

14 sale of electricity at a rate that— 

15 (A) encourages production of solar energy; 

16 (B) ensures a fair return to the public 

17 comparable to the return that would be ob18 tained on State and private land; and 

19 (C) encourages the maximum energy gen20 eration practicable using the least amount of 

21 land and other natural resources, including 

22 water. 

23 (3) ROYALTY RELIEF.—To promote the max24 imum generation of renewable energy, the Secretary 

25 may provide that no royalty or a reduced royalty is 


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1 required under a lease for a period not to exceed 5 

2 years beginning on the date on which generation is 

3 initially commenced on the Federal land subject to 

4 the lease. 

5 (4) DISPOSITION OF PROCEEDS.— 

6 (A) IN GENERAL.—Of the amounts col7 lected as royalties, fees, rentals, bonuses, or 

8 other payments under a lease issued under this 

9 section— 

10 (i) 25 percent shall be paid by the 

11 Secretary of the Treasury to the State 

12 within the boundaries of which the income 

13 is derived; 

14 (ii) 25 percent shall be paid by the 

15 Secretary of the Treasury to the 1 or more 

16 counties within the boundaries of which 

17 the income is derived; 

18 (iii) 15 percent shall— 

19 (I) for the period beginning on 

20 the date of enactment of this Act and 

21 ending on the date specified in sub22 clause (II), be deposited in the Treas23 ury of the United States to help facili24 tate the processing of renewable en25 ergy permits by the Bureau of Land 


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1 Management in the State, subject to 

2 subparagraph (B)(i)(I); and 

3 (II) beginning on the date that is 

4 10 years after the date of enactment 

5 of this Act, be deposited in the Fund; 

6 and 

7 (iv) 35 percent shall be deposited in 

8 the Fund. 

9 (B) LIMITATIONS.— 

10 (i) RENEWABLE ENERGY PERMITS.— 

11 For purposes of subclause (I) of subpara12 graph (A)(iii)— 

13 (I) not more than $10,000,000 

14 shall be deposited in the Treasury at 

15 any 1 time under that subclause; and 

16 (II) the following shall be depos17 ited in the Fund: 

18 (aa) Any amounts collected 

19 under that subclause that are not 

20 obligated by the date specified in 

21 subparagraph (A)(iii)(II). 

22 (bb) Any amounts that ex23 ceed the $10,000,000 deposit 

24 limit under subclause (I). 


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1 (ii) FUND.—Any amounts deposited 

2 in the Fund under clause (i)(II) or sub3 paragraph (A)(iii)(II) shall be in addition 

4 to amounts deposited in the Fund under 

5 subparagraph (A)(iv). 

6 (5) RENEWABLE ENERGY MITIGATION AND

7 FISH AND WILDLIFE FUND.— 

8 (A) ESTABLISHMENT.—There is estab9 lished in the Treasury of the United States a 

10 fund, to be known as the ‘‘Renewable Energy 

11 Mitigation and Fish and Wildlife Fund’’, to be 

12 administered by the Secretary, for use in the 

13 State. 

14 (B) USE OF FUNDS.—Amounts in the 

15 Fund shall be available to the Secretary, who 

16 may make the amounts available to the State or 

17 other interested parties for the purposes of— 

18 (i) mitigating impacts of renewable 

19 energy on public land, with priority given 

20 to land affected by the solar development 

21 zones designated under this Act, includ22 ing— 

23 (I) protecting wildlife corridors 

24 and other sensitive land; and 


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1 (II) fish and wildlife habitat res2 toration; and 

3 (ii) carrying out activities authorized 

4 under the Land and Water Conservation 

5 Fund Act of 1965 (16 U.S.C. 460l–4 et 

6 seq.) in the State. 

7 (C) AVAILABILITY OF AMOUNTS.— 

8 Amounts in the Fund shall be available for ex9 penditure, in accordance with this paragraph, 

10 without further appropriation, and without fis11 cal year limitation. 

12 (D) INVESTMENT OF FUND.— 

13 (i) IN GENERAL.—Any amounts de14 posited in the Fund shall earn interest in 

15 an amount determined by the Secretary of 

16 the Treasury on the basis of the current 

17 average market yield on outstanding mar18 ketable obligations of the United States of 

19 comparable maturities. 

20 (ii) USE.—Any interest earned under 

21 clause (i) may be expended in accordance 

22 with this paragraph. 

23 (e) PRIORITY DEVELOPMENT.— 

24 (1) IN GENERAL.—Within the County, the Sec25 retary shall give highest priority consideration to imVerDate Mar 15 2010 23:37 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5508.IH H5508

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1 plementation of the solar lease sales provided for 

2 under this Act. 

3 (2) EVALUATION.—The Secretary shall evaluate 

4 other solar development proposals in the County not 

5 provided for under this Act in consultation with the 

6 State, County, and other interested stakeholders. 

Æ 


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