II 

113TH CONGRESS 

1ST SESSION S. 279 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2013 

Mr. TESTER (for himself, Mr. HELLER, Mr. UDALL of Colorado, Mr. UDALL

of New Mexico, Mr. RISCH, Mr. HEINRICH, Mr. BAUCUS, and Mr. BENNET) introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Public Land Renewable Energy Development Act of 

6 2013’’. 

7 (1) TABLE OF CONTENTS.—The table of con8 tents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—GEOTHERMAL ENERGY 


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Sec. 101. Extension of funding for implementation of Geothermal Steam Act of 

1970. 

TITLE II—DEVELOPMENT OF SOLAR AND WIND ENERGY ON 

PUBLIC LAND 

Sec. 201. Definitions. 

Sec. 202. Programmatic environmental impact statements and land use planning. 

Sec. 203. Development of solar and wind energy on public land. 

Sec. 204. Disposition of revenues. 

Sec. 205. Royalties. 

Sec. 206. Enforcement of royalty and payment provisions. 

Sec. 207. Enforcement. 

Sec. 208. Segregation from appropriation under mining and Federal land laws. 

Sec. 209. Report. 

Sec. 210. Applicability of law. 

1 TITLE I—GEOTHERMAL ENERGY 

2 SEC. 101. EXTENSION OF FUNDING FOR IMPLEMENTATION 

3 OF GEOTHERMAL STEAM ACT OF 1970. 

4 (a) IN GENERAL.—Section 234(a) of the Energy Pol5 icy Act of 2005 (42 U.S.C. 15873(a)) is amended by strik6 ing ‘‘in the first 5 fiscal years beginning after the date 

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

8 year 2020’’. 

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

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

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

12 following: 

13 ‘‘(1) IN GENERAL.—Amounts’’; and 

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

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

16 2013 and each fiscal year thereafter, amounts de17 posited under subsection (a) shall be available to the 


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1 Secretary of the Interior for expenditure, subject to 

2 appropriation and without fiscal year limitation, to 

3 implement the Geothermal Steam Act of 1970 (30 

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

5 TITLE II—DEVELOPMENT OF 

6 SOLAR AND WIND ENERGY ON 

7 PUBLIC LAND 

8 SEC. 201. DEFINITIONS. 

9 In this title: 

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

11 means land that is— 

12 (A)(i) public land administered by the Sec13 retary; or 

14 (ii) National Forest System land adminis15 tered by the Secretary of Agriculture; and 

16 (B) not excluded from the development of 

17 solar or wind energy under— 

18 (i) a land use plan established under 

19 the Federal Land Policy and Management 

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

21 (ii) a land use plan established under 

22 the National Forest Management Act of 

23 1976 (16 U.S.C. 1600 et seq.); or 

24 (iii) other law. 


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1 (2) PILOT PROGRAM.—The term ‘‘pilot pro2 gram’’ means the wind and solar leasing pilot pro3 gram established under section 203(a). 

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

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

6 section 103 of the Federal Land Policy and Manage7 ment Act of 1976 (43 U.S.C. 1702). 

8 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

9 means— 

10 (A) in the case of public land administered 

11 by the Secretary, the Secretary; and 

12 (B) in the case of National Forest System 

13 land administered by the Secretary of Agri14 culture, the Secretary of Agriculture. 

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

16 the Secretary of the Interior. 

17 SEC. 202. PROGRAMMATIC ENVIRONMENTAL IMPACT 

18 STATEMENTS AND LAND USE PLANNING. 

19 (a) NATIONAL FOREST SYSTEM LAND.—As soon as 

20 practicable but not later than 2 years after the date of 

21 enactment of this Act, the Secretary of Agriculture shall— 

22 (1) prepare and publish in the Federal Register 

23 a notice of intent to prepare a programmatic envi24 ronmental impact statement in accordance with the 

25 National Environmental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.) to analyze the potential im2 pacts of— 

3 (A) a program to develop solar and wind 

4 energy on National Forest System land admin5 istered by the Secretary of Agriculture; and 

6 (B) any necessary amendments to land use 

7 plans for the land; and 

8 (2) amend any land use plans as appropriate to 

9 provide for the development of renewable energy in 

10 areas considered appropriate by the Secretary of Ag11 riculture immediately on completion of the pro12 grammatic environmental impact statement. 

13 (b) EFFECT ON PROCESSING APPLICATIONS.—The 

14 requirement for completion of programmatic environ15 mental impact statements under this section shall not re16 sult in any delay in processing or approving applications 

17 for wind or solar development on National Forest System 

18 land. 

19 (c) MILITARY INSTALLATIONS.— 

20 (1) REPORT.—Not later than 2 years after the 

21 date of enactment of this Act, the Secretary of De22 fense, in consultation with the Secretary of the Inte23 rior, shall conduct a study, and prepare a report, for 

24 States that have not completed the analysis that— 


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1 (A) identifies locations on land withdrawn 

2 from the public domain and reserved for mili3 tary purposes that— 

4 (i) exhibit a high potential for solar, 

5 wind, geothermal, or other renewable en6 ergy production; 

7 (ii) are disturbed or otherwise have 

8 comparatively low value for other re9 sources; and 

10 (iii) could be developed for renewable 

11 energy production in a manner consistent 

12 with all present and reasonably foreseeable 

13 military training and operational missions 

14 and research, development, testing, and 

15 evaluation requirements; and 

16 (B) describes the administration of public 

17 land withdrawn for military purposes for the 

18 development of commercial-scale renewable en19 ergy projects, including the legal authorities 

20 governing authorization for that use. 

21 (2) ENVIRONMENTAL IMPACT ANALYSIS.—Not 

22 later than 1 year after the completion of the study 

23 required by paragraph (1), the Secretary of Defense, 

24 in consultation with the Secretary of the Interior, 

25 shall prepare and publish in the Federal Register a 


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1 notice of intent to prepare an environmental impact 

2 analysis document to support a program to develop 

3 renewable energy on withdrawn military land identi4 fied in the study as suitable for the production. 

5 (3) REPORTS.—On completion of the report, 

6 the Secretary and the Secretary of Defense shall 

7 jointly submit the report required by paragraph (1) 

8 to— 

9 (A) the Committee on Armed Services of 

10 the Senate; 

11 (B) the Committee on Energy and Natural 

12 Resources of the Senate; 

13 (C) the Committee on Armed Services of 

14 the House of Representatives; and 

15 (D) the Committee on Natural Resources 

16 of the House of Representatives. 

17 SEC. 203. DEVELOPMENT OF SOLAR AND WIND ENERGY ON 

18 PUBLIC LAND. 

19 (a) PILOT PROGRAM.— 

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

21 after the date of enactment of this Act, the Sec22 retary shall establish a wind and solar leasing pilot 

23 program on covered land administered by the Sec24 retary. 

25 (2) SELECTION OF SITES.— 


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1 (A) IN GENERAL.—Not later than 90 days 

2 after the date the pilot program is established 

3 under this subsection, the Secretary shall (tak4 ing into consideration the multiple resource val5 ues of the land) select 2 sites that are appro6 priate for the development of a solar energy 

7 project, and 2 sites that are appropriate for the 

8 development of a wind energy project, on cov9 ered land administered by the Secretary as part 

10 of the pilot program. 

11 (B) SITE SELECTION.—In carrying out 

12 subparagraph (A), the Secretary shall seek to 

13 select sites— 

14 (i) for which there is likely to be a 

15 high level of industry interest; 

16 (ii) that have a comparatively low 

17 value for other resources; and 

18 (iii) that are representative of sites on 

19 which solar or wind energy is likely to be 

20 developed on covered land. 

21 (C) INELIGIBLE SITES.—The Secretary 

22 shall not select as part of the pilot program any 

23 site for which a notice of intent has been 

24 issued. 


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1 (3) QUALIFICATIONS.—Prior to any lease sale, 

2 the Secretary shall establish qualifications for bid3 ders that ensure bidders— 

4 (A) are able to expeditiously develop a 

5 wind or solar energy project on the site for 

6 lease; 

7 (B) possess— 

8 (i) financial resources necessary to 

9 complete a project; 

10 (ii) knowledge of the applicable tech11 nology; and 

12 (iii) such other qualifications as are 

13 determined appropriate by the Secretary; 

14 and 

15 (C) meet the eligibility requirements for 

16 leasing under the first section of the Mineral 

17 Leasing Act (30 U.S.C. 181). 

18 (4) LEASE SALES.— 

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (D)(ii), not later than 180 days 

21 after the date sites are selected under para22 graph (2), the Secretary shall offer each site for 

23 competitive leasing to qualified bidders under 

24 such terms and conditions as are required by 

25 the Secretary. 


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1 (B) BIDDING SYSTEMS.— 

2 (i) IN GENERAL.—In offering the sites 

3 for lease, the Secretary may vary the bid4 ding systems to be used at each lease sale, 

5 to ensure a fair return to the public, in6 cluding— 

7 (I) cash bonus bids with a re8 quirement for payment of the royalty 

9 established under this Act; 

10 (II) variable royalty bids based 

11 on a percentage of the gross proceeds 

12 from the sale of electricity produced 

13 from the lease, except that the royalty 

14 shall not be less than the royalty re15 quired under this Act, together with a 

16 fixed cash bonus; and 

17 (III) such other bidding system 

18 as ensures a fair return to the public 

19 consistent with the royalty established 

20 under this Act. 

21 (ii) ROUND.—The Secretary shall 

22 limit bidding to 1 round in any lease sale. 

23 (iii) EXPENDITURES.—In any case in 

24 which the land that is subject to lease has 

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1 velopment of wind or solar energy at the 

2 time of the lease sale, the Secretary shall 

3 give credit toward any bid submitted by 

4 the applicant for expenditures of the appli5 cant considered by the Secretary to be 

6 qualified and necessary for the preparation 

7 of the application. 

8 (C) REVENUES.—Bonus bids, royalties, 

9 rentals, fees, or other payments collected by the 

10 Secretary under this section shall be subject to 

11 section 204. 

12 (D) LEASE TERMS.— 

13 (i) IN GENERAL.—As part of the pilot 

14 program, the Secretary may vary the 

15 length of the lease terms and establish 

16 such other lease terms and conditions as 

17 the Secretary considers appropriate. 

18 (ii) DATA COLLECTION.—As part of 

19 the pilot program, the Secretary shall— 

20 (I) offer on a noncompetitive 

21 basis on at least 1 site a short-term 

22 lease for data collection; and 

23 (II) on the expiration of the 

24 short-term lease, offer on a competi25 tive basis a long-term lease, giving 


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1 credit toward the bonus bid to the 

2 holder of the short-term lease for any 

3 qualified expenditures to collect data 

4 to develop the site during the short5 term lease. 

6 (5) COMPLIANCE WITH LAWS.—In offering for 

7 lease the selected sites under paragraph (4), the Sec8 retary shall comply with all applicable environmental 

9 and other laws. 

10 (6) REPORT.—The Secretary shall— 

11 (A) compile a report of the results of each 

12 lease sale under the pilot program, including— 

13 (i) the level of competitive interest; 

14 (ii) a summary of bids and revenues 

15 received; and 

16 (iii) any other factors that may have 

17 impacted the lease sale process; and 

18 (B) not later than 90 days after the final 

19 lease sale, submit to the Committee on Energy 

20 and Natural Resources of the Senate and the 

21 Committee on Natural Resources of the House 

22 of Representatives the report described in sub23 paragraph (A). 

24 (7) RIGHTS-OF-WAY.—During the pendency of 

25 the pilot program, the Secretary shall continue to 


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1 issue rights-of-way, in compliance with authority in 

2 effect on the date of enactment of this Act, for avail3 able sites not selected for the pilot program. 

4 (b) SECRETARIAL DETERMINATION.— 

5 (1) IN GENERAL.—Not later than 2 years after 

6 the date of enactment of this Act, the Secretaries 

7 shall make a joint determination on whether to es8 tablish a leasing program under this section for wind 

9 or solar energy, or both, on all covered land. 

10 (2) SYSTEM.—If the Secretaries determine that 

11 a leasing program should be established, the pro12 gram shall apply to all covered land in accordance 

13 with this Act and other provisions of law applicable 

14 to public land or National Forest System land. 

15 (3) ESTABLISHMENT.—The Secretaries shall 

16 establish a leasing program unless the Secretaries 

17 determine that the program— 

18 (A) is not in the public interest; and 

19 (B) does not provide an effective means of 

20 developing wind or solar energy. 

21 (4) CONSULTATION.—In making the determina22 tions required under this subsection, the Secretaries 

23 shall consult with— 

24 (A) the heads of other relevant Federal 

25 agencies; 


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1 (B) interested States, Indian tribes, and 

2 local governments; 

3 (C) representatives of the solar and wind 

4 industries; 

5 (D) representatives of the environment, 

6 conservation, and outdoor sporting commu7 nities; 

8 (E) other users of the covered land; and 

9 (F) the public. 

10 (5) CONSIDERATIONS.—In making the deter11 minations required under this subsection, the Secre12 taries shall consider the results of the pilot program. 

13 (6) REGULATIONS.—Not later than 1 year after 

14 the date on which any determination is made to es15 tablish a leasing program, the Secretaries shall joint16 ly promulgate final regulations to implement the 

17 program. 

18 (7) REPORT.—If the Secretaries determine that 

19 a leasing program should not be established, not 

20 later than 60 days after the date of the determina21 tion, the Secretaries shall jointly submit to the Com22 mittee on Energy and Natural Resources of the Sen23 ate and the Committee on Natural Resources of the 

24 House of Representatives a report describing the 

25 basis and findings for the determination. 


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1 (c) TRANSITION.— 

2 (1) IN GENERAL.—If the Secretaries determine 

3 under subsection (b) that a leasing program should 

4 be established for covered land, until the program is 

5 established and final regulations for the program are 

6 issued— 

7 (A) the Secretary shall continue to accept 

8 applications for rights-of-way on covered land, 

9 and provide for the issuance of rights-of-way on 

10 covered land within the jurisdiction of the Sec11 retary for the development of wind or solar en12 ergy pursuant to each requirement described in 

13 title V of the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1761 et seq.) and 

15 other applicable law; and 

16 (B) the Secretary of Agriculture shall con17 tinue to accept applications for authorizations, 

18 and provide for the issuance of the authoriza19 tions, for the development of wind or solar en20 ergy on covered land within the jurisdiction of 

21 the Secretary pursuant to applicable law. 

22 (2) EXISTING RIGHTS-OF-WAY AND AUTHORIZA23 TIONS.— 

24 (A) IN GENERAL.—Effective beginning on 

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1 grams are established and final regulations are 

2 issued, the Secretaries shall not renew an exist3 ing right-of-way or other authorization for wind 

4 or solar energy development at the end of the 

5 term of the right-of-way or authorization. 

6 (B) LEASE.— 

7 (i) IN GENERAL.—Subject to clause 

8 (ii), at the end of the term of the right-of9 way or other authorization for the wind or 

10 solar energy project, the Secretary or, in 

11 the case of National Forest System land, 

12 the Secretary of Agriculture, shall grant, 

13 without a competitive process, a lease to 

14 the holder of the right-of-way or other au15 thorization for the same covered land as 

16 was authorized under the right-of-way or 

17 other authorization if (as determined by 

18 the Secretary concerned)— 

19 (I) the holder of the right-of-way 

20 or other authorization has met the re21 quirements of diligent development; 

22 and 

23 (II) issuance of the lease is in the 

24 public interest and consistent with ap25 plicable law. 


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1 (ii) TERMS AND CONDITIONS.—Any 

2 lease described in clause (i) shall be sub3 ject to— 

4 (I) terms and conditions that are 

5 consistent with this Act and the regu6 lations issued under this Act; and 

7 (II) the regulations in effect on 

8 the date of renewal and any other 

9 terms and conditions that the Sec10 retary considers necessary to protect 

11 the public interest. 

12 (3) PENDING RIGHTS-OF-WAY.—Effective begin13 ning on the date on which the wind or solar leasing 

14 programs are established and final regulations for 

15 the programs are issued, the Secretary or, with re16 spect to National Forest System land, the Secretary 

17 of Agriculture shall provide any applicant that has 

18 filed a plan of development for a right-of-way or, in 

19 the case of National Forest System land, for an ap20 plicable authorization, for a wind or solar energy 

21 project with an option to acquire a lease on a non22 competitive basis, under such terms and conditions 

23 as are required by this Act, applicable regulations, 

24 and the Secretary concerned, for the same covered 

25 land included in the plan of development if— 


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1 (A) the plan of development has been de2 termined by the Secretary concerned to be ade3 quate for the initiation of environmental review; 

4 (B) granting the lease is consistent with all 

5 applicable land use planning, environmental, 

6 and other laws; 

7 (C) the applicant has made a good faith ef8 fort to obtain a right-of-way or, in the case of 

9 National Forest System land, other authoriza10 tion, for the project; and 

11 (D) issuance of the lease is in the public 

12 interest. 

13 (d) LEASING PROGRAM.—If the Secretaries deter14 mine under subsection (b) that a leasing program should 

15 be established, the program shall be established in accord16 ance with subsections (e) through (k). 

17 (e) COMPETITIVE LEASES.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), leases for wind or solar energy develop20 ment under this section shall be issued on a competi21 tive basis with a single round of bidding in any lease 

22 sale. 

23 (2) EXCEPTIONS.—Paragraph (1) shall not 

24 apply if the Secretary or, with respect to National 


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1 Forest System land, the Secretary of Agriculture de2 termines that— 

3 (A) no competitive interest exists for the 

4 covered land; 

5 (B) the public interest would not be served 

6 by the competitive issuance of a lease; 

7 (C) the lease is for the placement and op8 eration of a meteorological or data collection fa9 cility or for the development or demonstration 

10 of a new wind or solar technology and has a 

11 term of not more than 5 years; or 

12 (D) the covered land is eligible to be grant13 ed a noncompetitive lease under subsection (c). 

14 (f) PAYMENTS.— 

15 (1) IN GENERAL.—The Secretaries shall jointly 

16 establish— 

17 (A) fees, rentals, bonuses, or other pay18 ments to ensure a fair return to the United 

19 States for any lease issued under this section; 

20 and 

21 (B) royalties pursuant to section 205 that 

22 apply to all leases issued under this section. 

23 (2) BONUS BIDS.—The Secretaries may grant 

24 credit toward any bonus bid for a qualified expendi25 ture by the holder of a lease described in subsection 


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1 (e)(2)(C) in any competitive lease sale held for a 

2 long-term lease covering the same land covered by 

3 the lease described in subsection (e)(2)(C). 

4 (g) QUALIFICATIONS.—Prior to any lease sale, the 

5 Secretary shall establish qualifications for bidders that en6 sure bidders meet the requirements described in sub7 section (a)(3). 

8 (h) REQUIREMENTS.—The Secretaries shall ensure 

9 that any activity under a leasing program is carried out 

10 in a manner that— 

11 (1) is consistent with all applicable land use 

12 planning, environmental, and other laws; and 

13 (2) provides for— 

14 (A) safety; 

15 (B) protection of the environment and fish 

16 and wildlife habitat; 

17 (C) mitigation of impacts; 

18 (D) prevention of waste; 

19 (E) diligent development of the resource, 

20 with specific milestones to be met by the lessee 

21 as determined by the Secretaries; 

22 (F) coordination with applicable Federal 

23 agencies; 

24 (G) a fair return to the United States for 

25 any lease; 


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1 (H) use of best management practices, in2 cluding planning and practices for mitigation of 

3 impacts; 

4 (I) public notice and comment on any pro5 posal submitted for a lease under this section; 

6 (J) oversight, inspection, research, moni7 toring, and enforcement relating to a lease 

8 under this section; 

9 (K) the quantity of acreage to be commen10 surate with the size of the project covered by a 

11 lease; and 

12 (L) efficient use of water resources. 

13 (i) LEASE DURATION, SUSPENSION, AND CANCELLA14 TION.— 

15 (1) DURATION.—A lease under this section 

16 shall be for— 

17 (A) an initial term of 25 years; and 

18 (B) any additional period after the initial 

19 term during which electricity is being produced 

20 annually in commercial quantities from the 

21 lease. 

22 (2) ADMINISTRATION.—The Secretary shall es23 tablish terms and conditions for the issuance, trans24 fer, renewal, suspension, and cancellation of a lease 

25 under this section. 


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1 (3) READJUSTMENT.— 

2 (A) IN GENERAL.—Royalties, rentals, and 

3 other terms and conditions of a lease under this 

4 section shall be subject to readjustment— 

5 (i) on the date that is 15 years after 

6 the date on which the lease is issued; and 

7 (ii) every 10 years thereafter. 

8 (B) LEASE.—Each lease issued under this 

9 Act shall provide for readjustment in accord10 ance with subparagraph (A). 

11 (j) SURFACE-DISTURBING ACTIVITIES.—The Secre12 taries shall— 

13 (1) regulate all surface-disturbing activities con14 ducted pursuant to any lease issued under this sec15 tion; and 

16 (2) require any necessary reclamation and other 

17 actions under the lease as are required in the inter18 est of conservation of surface resources. 

19 (k) SECURITY.—The Secretaries shall require the 

20 holder of a lease issued under this section— 

21 (1) to furnish a surety bond or other form of 

22 security, as prescribed by the Secretaries; 

23 (2) to provide for the reclamation and restora24 tion of the area covered by the lease; and 


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1 (3) to comply with such other requirements as 

2 the Secretaries consider necessary to protect the in3 terests of the public and the United States. 

4 (l) PERIODIC REVIEW.—Not less frequently than 

5 once every 5 years, the Secretary shall conduct a review 

6 of the adequacy of the surety bond or other form of secu7 rity provided by the holder of a lease issued under this 

8 section. 

9 SEC. 204. DISPOSITION OF REVENUES. 

10 (a) DISPOSITION OF REVENUES.—Of the amounts 

11 collected as bonus bids, royalties, rentals, fees, or other 

12 payments under a right-of-way, permit, lease, or other au13 thorization for the development of wind or solar energy 

14 on covered land— 

15 (1) 25 percent shall be paid by the Secretary of 

16 the Treasury to the State within the boundaries of 

17 which the income is derived; 

18 (2) 25 percent shall be paid by the Secretary of 

19 the Treasury to the 1 or more counties within the 

20 boundaries of which the income is derived; 

21 (3) 15 percent shall— 

22 (A) for the period beginning on the date of 

23 enactment of this Act and ending on date the 

24 date that is 15 years after the date of enact25 ment of this Act, be deposited in the Treasury 


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1 of the United States to help facilitate the proc2 essing of renewable energy permits by the Bu3 reau of Land Management, including the trans4 fer of the funds by the Bureau of Land Man5 agement to other Federal agencies and State 

6 agencies to facilitate the processing of renew7 able energy permits on Federal land; and 

8 (B) beginning on the date that is 15 years 

9 after the date of enactment of this Act, be de10 posited in the Fund; and 

11 (4) 35 percent shall be deposited in the Renew12 able Energy Resource Conservation Fund estab13 lished by subsection (c). 

14 (b) PAYMENTS TO STATES AND COUNTIES.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), amounts paid to States and counties 

17 under subsection (a) shall be used consistent with 

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

19 191). 

20 (2) IMPACTS ON FEDERAL LAND.—Not less 

21 than 33 percent of the amount paid to a State shall 

22 be used on an annual basis for the purposes de23 scribed in subsection (c)(2)(A). 

24 (c) RENEWABLE ENERGY RESOURCE CONSERVATION

25 FUND.— 


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

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

3 Energy Resource Conservation Fund’’, to be admin4 istered by the Secretary for use in regions impacted 

5 by the development of wind or solar energy. 

6 (2) USE.— 

7 (A) IN GENERAL.—Amounts in the Fund 

8 shall be available to the Secretary, who may 

9 make amounts available to the Secretary of Ag10 riculture and to other Federal or State agen11 cies, as appropriate, for the purposes of— 

12 (i) addressing and offsetting the im13 pacts of wind or solar development on Fed14 eral land, including restoring and pro15 tecting— 

16 (I) fish and wildlife habitat for 

17 affected species; 

18 (II) fish and wildlife corridors for 

19 affected species; and 

20 (III) water resources in areas im21 pacted by wind or solar energy devel22 opment; 

23 (ii) securing recreational access to 

24 Federal land through an easement, right25 of-way, or fee title acquisition from willing 


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1 sellers for the purpose of providing en2 hanced public access to existing Federal 

3 land that is inaccessible or significantly re4 stricted; and 

5 (iii) carrying out activities authorized 

6 under the Land and Water Conservation 

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

8 seq.) in the State. 

9 (B) ADVISORY BOARD.—The Secretary 

10 shall establish an independent advisory board 

11 composed of key stakeholders and technical ex12 perts to provide recommendations and guidance 

13 on the disposition of any amounts expended 

14 from the Fund. 

15 (3) MITIGATION REQUIREMENTS.—The expend16 iture of funds under this subsection shall be in addi17 tion to any mitigation requirements imposed pursu18 ant to any law, regulation, or term or condition of 

19 any lease, right-of-way, or other authorization. 

20 (4) INVESTMENT OF FUND.— 

21 (A) IN GENERAL.—Any amounts deposited 

22 in the Fund shall earn interest in an amount 

23 determined by the Secretary of the Treasury on 

24 the basis of the current average market yield on 


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1 outstanding marketable obligations of the 

2 United States of comparable maturities. 

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

5 with this subsection. 

6 SEC. 205. ROYALTIES. 

7 (a) IN GENERAL.—The Secretaries shall require as 

8 a term and condition of any lease, right-of-way, permit, 

9 or other authorization for the development of wind or solar 

10 energy on covered land the payment of a royalty estab11 lished by the Secretaries pursuant to a joint rulemaking 

12 that shall be a percentage of the gross proceeds from the 

13 sale of electricity at a rate that— 

14 (1) encourages production of solar or wind en15 ergy; 

16 (2) ensures a fair return to the public com17 parable to the return that would be obtained on 

18 State and private land; and 

19 (3) encourages the maximum energy generation 

20 while disturbing the least quantity of covered land 

21 and other natural resources, including water. 

22 (b) AMOUNT.—The royalty on electricity produced 

23 using wind or solar resources shall be— 

24 (1) not less than 1 percent, and not more than 

25 2.5 percent, of the gross proceeds from the sale of 


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1 electricity produced from the resources during the 

2 first 10 years of production; and 

3 (2) not less than 2 percent, and not more than 

4 5 percent, of the gross proceeds from the sale of 

5 electricity produced from the resources during each 

6 year after that initial 10-year period. 

7 (c) DIFFERENT ROYALTY RATES.—The Secretaries 

8 may establish— 

9 (1) a different royalty rate for wind or solar en10 ergy generation; and 

11 (2) a reduced royalty rate for projects located 

12 within a zone identified for development of solar or 

13 wind energy. 

14 (d) ROYALTY IN LIEU OF RENT.—During the period 

15 of production, a royalty shall be collected in lieu of any 

16 rent for the land from which the electricity is produced. 

17 (e) ROYALTY RELIEF.—To promote the generation of 

18 renewable energy, the Secretaries may reduce any royalty 

19 otherwise required on a showing by clear and convincing 

20 evidence by the person holding a lease, right-of-way, per21 mit, or other authorization for the development of wind 

22 or solar energy on covered land under which the genera23 tion of energy is or will be produced in commercial quan24 tities that— 


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1 (1) collection of the full royalty would unreason2 ably burden energy generation; and 

3 (2) the royalty reduction is in the public inter4 est. 

5 (f) PERIODIC REVIEW AND REPORT.— 

6 (1) IN GENERAL.—Not later than 5 years after 

7 the date of enactment of this Act and every 5 years 

8 thereafter, the Secretary, in consultation with the 

9 Secretary of Agriculture, shall— 

10 (A) complete a review of collections and 

11 impacts of the royalty and fees provided under 

12 this Act; and 

13 (B) submit to the Committee on Energy 

14 and Natural Resources of the Senate and the 

15 Committee on Natural Resources of the House 

16 of Representatives a report describing the re17 sults of the review. 

18 (2) TOPICS.—The report shall address— 

19 (A) the total revenues received (by cat20 egory) on an annual basis as royalties from 

21 wind, solar, and geothermal development and 

22 production (specified by energy source) on cov23 ered land; 

24 (B) whether the revenues received for the 

25 development of wind, solar, and geothermal deVerDate Mar 15 2010 04:42 Feb 20, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S279.IS S279

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1 velopment are comparable to the revenues re2 ceived for similar development on State and pri3 vate land; 

4 (C) any impact on the development of 

5 wind, solar, and geothermal development and 

6 production on covered land as a result of the 

7 royalties; and 

8 (D) any recommendations with respect to 

9 changes in Federal law (including regulations) 

10 relating to the amount or method of collection 

11 (including auditing, compliance, and enforce12 ment) of the royalties. 

13 (g) REGULATIONS.—Not later than 1 year after the 

14 date of enactment of this Act, the Secretaries shall jointly 

15 issue final regulations to carry out this section. 

16 SEC. 206. ENFORCEMENT OF ROYALTY AND PAYMENT PRO17 VISIONS. 

18 (a) DUTIES OF THE SECRETARY.—The Secretary 

19 shall establish a comprehensive inspection, collection, fis20 cal, and production accounting and auditing system— 

21 (1) to accurately determine royalties, rentals, 

22 interest, fines, penalties, fees, deposits, and other 

23 payments owed under this Act; and 

24 (2) to collect and account for the payments in 

25 a timely manner. 


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1 (b) APPLICABILITY OF OTHER LAW.—The Federal 

2 Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 

3 1701 et seq.) (including the civil and criminal enforcement 

4 provisions of that Act) shall apply to leases, permits, 

5 rights-of-way, or other authorizations issued for the devel6 opment of solar or wind energy on covered land and the 

7 holders and operators of the leases, permits, rights-of-way, 

8 or other authorizations (and designees) under this title, 

9 except that in applying that Act— 

10 (1) ‘‘wind or solar leases, permits, rights-of11 way, or other authorizations’’ shall be substituted 

12 for ‘‘oil and gas leases’’; 

13 (2) ‘‘electricity generated from wind or solar re14 sources’’ shall be substituted for ‘‘oil and gas’’ 

15 (when used as nouns); 

16 (3) ‘‘lease, permit, right-of-way, or other au17 thorization for the development of wind or solar en18 ergy’’ shall be substituted for ‘‘lease’’ and ‘‘lease for 

19 oil and gas’’ (when used as nouns); and 

20 (4) ‘‘lessee, permittee, right-of-way holder, or 

21 holder of an authorization for the development of 

22 wind or solar energy’’ shall be substituted for ‘‘les23 see’’. 


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1 SEC. 207. ENFORCEMENT. 

2 (a) IN GENERAL.—Sections 302(c) and 303 of the 

3 Federal Land Policy and Management Act of 1976 (43 

4 U.S.C. 1732(c), 1733) shall apply to activities conducted 

5 on covered land under this title. 

6 (b) APPLICABILITY OF OTHER ENFORCEMENT PRO7 VISIONS.—Nothing in this title reduces or limits the en8 forcement authority vested in the Secretary or the Attor9 ney General by any other law. 

10 SEC. 208. SEGREGATION FROM APPROPRIATION UNDER 

11 MINING AND FEDERAL LAND LAWS. 

12 (a) IN GENERAL.—On covered land identified by the 

13 Secretary or the Secretary of Agriculture for the develop14 ment of solar or wind power under this title or other appli15 cable law, the Secretary or the Secretary of Agriculture 

16 may temporarily segregate the identified land from appro17 priation under the mining and public land laws. 

18 (b) ADMINISTRATION.—Segregation of covered land 

19 under this section— 

20 (1) may only be made for a period not to exceed 

21 10 years; and 

22 (2) shall be subject to valid existing rights as 

23 of the date of the segregation. 

24 SEC. 209. REPORT. 

25 (a) STUDY.— 


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

2 after the date of enactment of this Act, the Secre3 taries shall carry out a study on the siting, develop4 ment, and management of projects to determine the 

5 feasibility of carrying out a conservation banking 

6 program on land administered by the Secretaries. 

7 (2) CONTENTS.—The study under paragraph 

8 (1) shall— 

9 (A) identify areas in which— 

10 (i) privately owned land is not avail11 able to offset the impacts of solar or wind 

12 energy development on federally adminis13 tered land; or 

14 (ii) mitigation investments on feder15 ally administered land are likely to provide 

16 greater conservation value for impacts of 

17 solar or wind energy development on feder18 ally administered land; and 

19 (B) examine— 

20 (i) the effectiveness of laws (including 

21 regulations) and policies in effect on the 

22 date of enactment of this Act in facili23 tating the development of conservation 

24 banks; 


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1 (ii) the advantages and disadvantages 

2 of using conservation banks on Federal 

3 land to mitigate impacts to natural re4 sources on private land; and 

5 (iii) any changes in Federal law (in6 cluding regulations) or policy necessary to 

7 further develop a Federal conservation 

8 banking program. 

9 (b) REPORT TO CONGRESS.—Not later than 18 

10 months after the date of enactment of this Act, the Secre11 taries shall jointly submit to Congress a report that in12 cludes— 

13 (1) the recommendations of the Secretaries re14 lating to— 

15 (A) the most effective system for Federal 

16 land described in subsection (a)(2)(A) to meet 

17 the goals of facilitating the development of a 

18 conservation banking program on Federal land; 

19 and 

20 (B) any change to Federal law (including 

21 regulations) or policy necessary to address more 

22 effectively the siting, development, and manage23 ment of conservation banking programs on Fed24 eral land to mitigate impacts to natural re25 sources on private land; and 


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1 (2) any administrative action to be taken by the 

2 Secretaries in response to the recommendations. 

3 (c) AVAILABILITY TO THE PUBLIC.—Not later than 

4 30 days after the date on which the report described in 

5 subsection (b) is submitted to Congress, the Secretaries 

6 shall make the results of the study available to the public. 

7 SEC. 210. APPLICABILITY OF LAW. 

8 (a) RENTAL FEE EXEMPTION.—Wind or solar gen9 eration projects with a capacity of 20 megawatts or more 

10 that are issued a lease, right-of-way, permit, or other au11 thorization under applicable law shall not be subject to 

12 the rental fee exemption for rights-of-way under section 

13 504(g) of the Federal Land Policy and Management Act 

14 of 1976 (43 U.S.C. 1764(g)). 

15 (b) FEES, CHARGES, AND COMMISSIONS.—Section 

16 304 of the Federal Land Policy and Management Act of 

17 1976 (43 U.S.C. 1734) shall apply to an application made 

18 under section 203. 

Æ 


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