II 

111TH CONGRESS 

1ST SESSION S. 2921 

To provide for conservation, enhanced recreation opportunities, and development of renewable energy in the California Desert Conservation Area, 

to require the Secretary of the Interior to designate certain offices 

to serve as Renewable Energy Coordination Offices for coordination of 

Federal permits for renewable energy projects and transmission lines 

to integrate renewable energy development, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 21 (legislative day, DECEMBER 20), 2009 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for conservation, enhanced recreation opportunities, and development of renewable energy in the California Desert Conservation Area, to require the Secretary 

of the Interior to designate certain offices to serve as 

Renewable Energy Coordination Offices for coordination 

of Federal permits for renewable energy projects and 

transmission lines to integrate renewable energy development, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘California Desert Protection Act of 2010’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—CALIFORNIA DESERT CONSERVATION AND RECREATION 

Sec. 101. Amendments to the California Desert Protection Act of 1994. 

Sec. 102. Designation of wild and scenic rivers. 

TITLE II—DESERT RENEWABLE ENERGY PERMITTING 

Sec. 201. Renewable Energy Coordination Offices to improve Federal permit 

coordination for renewable energy. 

Sec. 202. Deadlines for consideration of applications for wind and solar energy 

right-of-way use authorizations. 

Sec. 203. Programmatic environmental impact statements and land use planning. 

Sec. 204. Military installations study. 

Sec. 205. Habitat mitigation zones. 

Sec. 206. Bonding. 

Sec. 207. Meteorological site testing and monitoring categorical exclusion. 

Sec. 208. Report on renewable energy permitting in Western States. 

Sec. 209. Support for qualified advanced electric transmission manufacturing 

plants, qualified high efficiency transmission property, and 

qualified advanced electric transmission property. 

6 TITLE I—CALIFORNIA DESERT 

7 CONSERVATION AND RECRE8 ATION 

9 SEC. 101. AMENDMENTS TO THE CALIFORNIA DESERT PRO10 TECTION ACT OF 1994. 

11 (a) IN GENERAL.—Public Law 103–433 (16 U.S.C. 

12 410aaa et seq.) is amended by adding at the end the fol13 lowing: 


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1 ‘‘TITLE XIII—MOJAVE TRAILS 

2 NATIONAL MONUMENT 

3 ‘‘SEC. 1301. DEFINITIONS. 

4 ‘‘In this title: 

5 ‘‘(1) MAP.—The term ‘map’ means the map en6 titled ‘Boundary Map, Mojave Trails National 

7 Monument’ and dated November 19, 2009. 

8 ‘‘(2) MONUMENT.—The term ‘Monument’ 

9 means the Mojave Trails National Monument estab10 lished by section 1302(a). 

11 ‘‘(3) STUDY AREA.—The term ‘study area’ 

12 means the land that— 

13 ‘‘(A) is described in— 

14 ‘‘(i) the notice of the Bureau of Land 

15 Management of September 15, 2008, enti16 tled ‘Notice of Proposed Legislative With17 drawal and Opportunity for Public Meet18 ing; California’ (73 Fed. Reg. 53269); or 

19 ‘‘(ii) any subsequent notice in the 

20 Federal Register that is related to the no21 tice described in clause (i); and 

22 ‘‘(B) has been segregated by the Director 

23 of the Bureau of Land Management. 


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1 ‘‘SEC. 1302. ESTABLISHMENT OF THE MOJAVE TRAILS NA2 TIONAL MONUMENT. 

3 ‘‘(a) ESTABLISHMENT.—There is designated in the 

4 State the Mojave Trails National Monument. 

5 ‘‘(b) PURPOSES.—The purposes of the Monument 

6 are— 

7 ‘‘(1) to preserve the nationally significant bio8 logical, cultural, recreational, geological, educational, 

9 historic, scenic, and scientific values— 

10 ‘‘(A) in the Central and Eastern Mojave 

11 Desert; and 

12 ‘‘(B) along historic Route 66; and 

13 ‘‘(2) to secure the opportunity for present and 

14 future generations to experience and enjoy the mag15 nificent vistas, wildlife, land forms, and natural and 

16 cultural resources of the Monument. 

17 ‘‘(c) BOUNDARIES.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), the Monument shall consist of the Fed20 eral land and Federal interests in land within the 

21 boundaries depicted on the map. 

22 ‘‘(2) EXCLUSIONS.— 

23 ‘‘(A) STUDY AREA.—Subject to subpara24 graph (B), the study area shall be excluded 

25 from the Monument to permit the Secretary of 


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1 the Navy to study the land within the study 

2 area for— 

3 ‘‘(i) withdrawal in accordance with the 

4 Act of February 28, 1958 (43 U.S.C. 155 

5 et seq.); and 

6 ‘‘(ii) potential inclusion into the Ma7 rine Corps Air Ground Combat Center at 

8 Twentynine Palms, California, for national 

9 defense purposes. 

10 ‘‘(B) INCORPORATION IN MONUMENT.— 

11 After action by the Secretary of Defense and 

12 Congress regarding the withdrawal under sub13 paragraph (A), any land within the study area 

14 that is not withdrawn shall be incorporated into 

15 the Monument. 

16 ‘‘(d) MAP; LEGAL DESCRIPTIONS.— 

17 ‘‘(1) LEGAL DESCRIPTION.—As soon as prac18 ticable after the date of enactment of this title, the 

19 Secretary shall submit to the Committee on Natural 

20 Resources of the House of Representatives and the 

21 Committee on Energy and Natural Resources of the 

22 Senate legal descriptions of the Monument, based on 

23 the map. 

24 ‘‘(2) CORRECTIONS.—The map and legal de25 scriptions of the Monument shall have the same 


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1 force and effect as if included in this title, except 

2 that the Secretary may correct clerical and typo3 graphical errors in the map and legal descriptions. 

4 ‘‘(3) AVAILABILITY OF MAP.—The map shall be 

5 on file and available for public inspection in the ap6 propriate offices of the Bureau of Land Manage7 ment. 

8 ‘‘SEC. 1303. MANAGEMENT OF THE MONUMENT. 

9 ‘‘(a) IN GENERAL.—The Secretary shall— 

10 ‘‘(1) only allow uses of the Monument that— 

11 ‘‘(A) further the purposes described in sec12 tion 1302(b); 

13 ‘‘(B) are included in the management plan 

14 developed under subsection (g); and 

15 ‘‘(C) do not interfere with the utility 

16 rights-of-way or corridors authorized under sec17 tion 1304(f); and 

18 ‘‘(2) subject to valid existing rights, manage the 

19 Monument to protect the resources of the Monu20 ment, in accordance with— 

21 ‘‘(A) this Act; 

22 ‘‘(B) the Federal Land Policy and Man23 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

24 and 

25 ‘‘(C) any other applicable provisions of law. 


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1 ‘‘(b) COOPERATION AGREEMENTS; GENERAL AU2 THORITY.—Consistent with the management plan and ex3 isting authorities applicable to the Monument, the Sec4 retary may enter into cooperative agreements and shared 

5 management arrangements (including special use permits 

6 with any person (including educational institutions and In7 dian tribes)), for the purposes of interpreting, researching, 

8 and providing education on the resources of the Monu9 ment. 

10 ‘‘(c) ADMINISTRATION OF SUBSEQUENTLY AC11 QUIRED LAND.—Any land or interest in land within the 

12 boundaries of the Monument that is acquired by the Sec13 retary after the date of enactment of this title shall be 

14 managed by the Secretary in accordance with this title. 

15 ‘‘(d) LIMITATIONS.— 

16 ‘‘(1) PROPERTY RIGHTS.—The establishment of 

17 the Monument does not— 

18 ‘‘(A) affect— 

19 ‘‘(i) any property rights of an Indian 

20 reservation, individually held trust land, or 

21 any other Indian allotments; 

22 ‘‘(ii) any land or interests in land held 

23 by the State, any political subdivision of 

24 the State, or any special district; or 


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1 ‘‘(iii) any private property rights with2 in the boundaries of the Monument; or 

3 ‘‘(B) grant to the Secretary any authority 

4 on or over non-Federal land not already pro5 vided by law. 

6 ‘‘(2) AUTHORITY.—The authority of the Sec7 retary under this title extends only to Federal land 

8 and Federal interests in land included in the Monu9 ment. 

10 ‘‘(e) ADJACENT MANAGEMENT.— 

11 ‘‘(1) IN GENERAL.—Nothing in this title creates 

12 any protective perimeter or buffer zone around the 

13 Monument. 

14 ‘‘(2) ACTIVITIES OUTSIDE MONUMENT.—The 

15 fact that an activity or use on land outside the 

16 Monument can be seen or heard within the Monu17 ment shall not preclude the activity or use outside 

18 the boundary of the Monument. 

19 ‘‘(3) NO ADDITIONAL REGULATION.—Nothing 

20 in this title requires additional regulation of activi21 ties on land outside the boundary of the Monument. 

22 ‘‘(f) AIR AND WATER QUALITY.—Nothing in this title 

23 affects the standards governing air or water quality out24 side the boundary of the Monument. 

25 ‘‘(g) MANAGEMENT PLAN.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall— 

2 ‘‘(A) not later than 3 years after the date 

3 of enactment of this title, complete a manage4 ment plan for the conservation and protection 

5 of the Monument; and 

6 ‘‘(B) on completion of the management 

7 plan— 

8 ‘‘(i) submit the management plan 

9 to— 

10 ‘‘(I) the Committee on Natural 

11 Resources of the House of Represent12 atives; and 

13 ‘‘(II) the Committee on Energy 

14 and Natural Resources of the Senate; 

15 and 

16 ‘‘(ii) make the management plan 

17 available to the public. 

18 ‘‘(2) INCLUSIONS.—The management plan shall 

19 include provisions that— 

20 ‘‘(A) provide for the conservation and pro21 tection of the Monument; 

22 ‘‘(B) authorize the continued recreational 

23 uses of the Monument (including hiking, camp24 ing, hunting, mountain biking, sightseeing, off25 highway vehicle recreation on designated routes, 


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1 rockhounding, and horseback riding), if the rec2 reational uses are consistent with this section 

3 and any other applicable law; 

4 ‘‘(C) address the need for and, as nec5 essary, establish plans for, the installation, con6 struction, and maintenance of public utility en7 ergy transport facilities within rights-of-way in 

8 the Monument, including provisions that re9 quire that the activities be conducted in a man10 ner that minimizes the impact on Monument re11 sources (including resources relating to the eco12 logical, cultural, historic, and scenic viewshed of 

13 the Monument), in accordance with any other 

14 applicable law; 

15 ‘‘(D) address the designation and mainte16 nance of roads, trails, and paths in the Monu17 ment; 

18 ‘‘(E) address regional fire management 

19 planning and coordination between the Director 

20 of the Bureau of Land Management, the Direc21 tor of the National Park Service, and San 

22 Bernardino County; and 

23 ‘‘(F) address the establishment of a visitor 

24 center to serve the Monument and adjacent 

25 public land. 


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1 ‘‘(3) PREPARATION AND IMPLEMENTATION.— 

2 ‘‘(A) APPLICABLE LAW.—The Secretary 

3 shall prepare and implement the management 

4 plan in accordance with the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et 

6 seq.) and any other applicable laws. 

7 ‘‘(B) CONSULTATION.—In preparing and 

8 implementing the management plan, the Sec9 retary shall periodically consult with— 

10 ‘‘(i) the advisory committee estab11 lished under section 1306; 

12 ‘‘(ii) interested private property own13 ers and holders of valid existing rights lo14 cated within the boundaries of the Monu15 ment; and 

16 ‘‘(iii) representatives of the Fort Mo17 jave Indian tribe, the Colorado River In18 dian Tribe, the Chemehuevi Indian tribe, 

19 and other Indian tribes with historic or 

20 cultural ties to land within, or adjacent to, 

21 the Monument regarding the management 

22 of portions of the Monument containing 

23 sacred sites or cultural importance to the 

24 Indian tribes. 


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1 ‘‘(4) INTERIM MANAGEMENT.—Except as other2 wise provided in this Act, pending completion of the 

3 management plan for the Monument, the Secretary 

4 shall manage any Federal land and Federal interests 

5 in land within the boundary of the Monument— 

6 ‘‘(A) consistent with the existing permitted 

7 uses of the land; 

8 ‘‘(B) in accordance with the general guide9 lines and authorities of the existing manage10 ment plans of the Bureau of Land Management 

11 for the land; and 

12 ‘‘(C) in a manner consistent with— 

13 ‘‘(i) the purposes described in section 

14 1302(b); 

15 ‘‘(ii) the provisions of the manage16 ment plan under paragraph (2); and 

17 ‘‘(iii) applicable Federal law. 

18 ‘‘(h) EFFECT OF SECTION.—Nothing in this section 

19 diminishes or alters existing authorities applicable to Fed20 eral land included in the Monument. 

21 ‘‘SEC. 1304. USES OF THE MONUMENT. 

22 ‘‘(a) USE OF OFF-HIGHWAY VEHICLES.— 

23 ‘‘(1) IN GENERAL.—The use of off-highway ve24 hicles in the Monument (including the use of off25 highway vehicles for commercial touring) shall be 


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1 permitted to continue on designated routes, subject 

2 to all applicable law and and authorized by the man3 agement plan. 

4 ‘‘(2) NONDESIGNATED ROUTES.—Off-highway 

5 vehicle access shall be permitted on nondesignated 

6 routes and trails in the Monument— 

7 ‘‘(A) for administrative purposes; 

8 ‘‘(B) to respond to an emergency; or 

9 ‘‘(C) as authorized under the management 

10 plan. 

11 ‘‘(3) INVENTORY.—Not later than 2 years after 

12 the date of enactment of this title, the Director of 

13 the Bureau of Land Management shall complete an 

14 inventory of all existing routes in the Monument. 

15 ‘‘(b) HUNTING, TRAPPING, AND FISHING.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), the Secretary shall permit hunting, trap18 ping, and fishing within the Monument in accord19 ance with applicable Federal and State laws (includ20 ing regulations) in effect as of the date of enactment 

21 of this title. 

22 ‘‘(2) TRAPPING.—No amphibians or reptiles 

23 may be collected within the Monument. 

24 ‘‘(3) REGULATIONS.—The Secretary, after con25 sultation with the California Department of Fish 


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1 and Game, may issue regulations designating zones 

2 where, and establishing periods during which, no 

3 hunting, trapping, or fishing shall be permitted in 

4 the Monument for reasons of public safety, adminis5 tration, resource protection, or public use and enjoy6 ment. 

7 ‘‘(c) GRAZING.— 

8 ‘‘(1) IN GENERAL.—Nothing in this title termi9 nates any valid existing grazing allotment within the 

10 Monument. 

11 ‘‘(2) EFFECT ON BLAIR PERMIT.—Nothing in 

12 this title affects the Lazy Daisy grazing permit (per13 mittee number 9076) on land included in the Monu14 ment, including the transfer of title to the grazing 

15 permit to the Secretary or to a private party. 

16 ‘‘(3) PERMIT RETIREMENT.—The Secretary 

17 may acquire base property and associated grazing 

18 permits within the Monument for purposes of per19 manently retiring the permit if— 

20 ‘‘(A) the permittee is a willing seller; 

21 ‘‘(B) the permittee and Secretary reach an 

22 agreement concerning the terms and conditions 

23 of the acquisition; and 


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1 ‘‘(C) termination of the allotment would 

2 further the purposes of the Monument de3 scribed in section 1302(b). 

4 ‘‘(d) ACCESS TO STATE AND PRIVATE LAND.—The 

5 Secretary shall provide adequate access to each owner of 

6 non-Federal land or interests in non-Federal land within 

7 the boundary of the Monument to ensure the reasonable 

8 use and enjoyment of the land or interest by the owner. 

9 ‘‘(e) LIMITATIONS.— 

10 ‘‘(1) COMMERCIAL ENTERPRISES.—Except as 

11 provided in paragraphs (2) and (3), or as required 

12 for the maintenance, upgrade, expansion, or develop13 ment of energy transport facilities in the corridors 

14 described in subsection (g), no commercial enter15 prises shall be authorized within the boundary of the 

16 Monument after the date of enactment of this title. 

17 ‘‘(2) AUTHORIZED EXCEPTIONS.—The Sec18 retary may authorize exceptions to paragraph (1) if 

19 the Secretary determines that the commercial enter20 prises would further the purposes described in sec21 tion 1302(b). 

22 ‘‘(3) APPLICABILITY.—This subsection does not 

23 apply to— 

24 ‘‘(A) transmission and telecommunication 

25 facilities that are owned or operated by a utility 


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1 subject to regulation by the Federal Govern2 ment or a State government or a State utility 

3 with a service obligation (as those terms are de4 fined in section 217 of the Federal Power Act 

5 (16 U.S.C. 824q)); or 

6 ‘‘(B) commercial vehicular touring enter7 prises within the Monument that operate on 

8 designated routes. 

9 ‘‘(f) UTILITY RIGHTS-OF-WAY.— 

10 ‘‘(1) IN GENERAL.—Nothing in this title pre11 cludes, prevents, or inhibits the maintenance, up12 grade, expansion, or development of energy trans13 port facilities within the Monument that are critical 

14 to reducing the effects of climate change on the envi15 ronment. 

16 ‘‘(2) AUTHORIZATION.—The Secretary shall, to 

17 the maximum extent practicable— 

18 ‘‘(A) permit rights-of-way and alignments 

19 that best protect the values and resources of 

20 the Monument described in section 1302(b); 

21 and 

22 ‘‘(B) ensure that existing rights-of-way 

23 and utility corridors within the Monument are 

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1 way or designating new utility corridors within 

2 the Monument. 

3 ‘‘(3) EFFECT ON EXISTING FACILITIES AND

4 RIGHTS-OF-WAY.—Nothing in this section terminates 

5 or limits— 

6 ‘‘(A) any valid right-of-way within the 

7 Monument in existence on the date of enact8 ment of this title (including customary oper9 ation, maintenance, repair, or replacement ac10 tivities in a right-of-way); or 

11 ‘‘(B) a right-of-way authorization issued on 

12 the expiration of an existing right-of-way au13 thorization described in subparagraph (A). 

14 ‘‘(4) UPGRADING AND EXPANSION OF EXISTING

15 RIGHTS-OF-WAY.—Nothing in this subsection pro16 hibits the upgrading (including the construction or 

17 replacement), expansion, or assignment of an exist18 ing utility transmission line for the purpose of in19 creasing the capacity of— 

20 ‘‘(A) a transmission line in existing rights21 of-way; or 

22 ‘‘(B) a right-of-way issued, granted, or 

23 permitted by the Secretary that is contiguous or 

24 adjacent to existing transmission line rights-of25 way. 


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1 ‘‘(5) INTERSTATE 40 TRANSPORTATION COR2 RIDOR.—For purposes of underground utility rights3 of-way under this subsection, the Secretary shall 

4 consider the Interstate 40 transportation corridor to 

5 be equivalent to an existing utility right-of-way cor6 ridor. 

7 ‘‘(6) NEW RIGHTS-OF-WAY.— 

8 ‘‘(A) IN GENERAL.—Any new rights-of-way 

9 or new uses within existing rights-of-way 

10 shall— 

11 ‘‘(i) only be permitted in energy cor12 ridors or expansions of energy corridors 

13 that are designated as of the date of enact14 ment of this title; and 

15 ‘‘(ii) subject to subparagraph (B), re16 quire review and approval under the Na17 tional Environmental Policy Act of 1969 

18 (42 U.S.C. 4321 et seq.). 

19 ‘‘(B) APPROVAL.—New rights-of-way or 

20 uses or expansions of existing corridors under 

21 subparagraph (A) shall only be approved if the 

22 head of the applicable lead Federal agency, in 

23 consultation with other agencies as appropriate, 

24 determines that the new rights-of-way, uses, or 

25 expansions are consistent with— 


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1 ‘‘(i) this title; 

2 ‘‘(ii) other applicable laws; 

3 ‘‘(iii) the purposes of the Monument 

4 described in section 1302(b); and 

5 ‘‘(iv) the management plan for the 

6 Monument. 

7 ‘‘(g) WEST WIDE ENERGY CORRIDOR.— 

8 ‘‘(1) ALTERNATIVE ALIGNMENT.—Subject to 

9 paragraph (2), to further the purposes of the Monu10 ment described in section 1302(b), the Secretary 

11 may require a realignment of the energy right-of12 way corridor numbered 27–41 and designated under 

13 the energy corridor planning process established by 

14 section 368 of the Energy Policy Act of 2005 (42 

15 U.S.C. 15926) if an alternative alignment within the 

16 Monument— 

17 ‘‘(A) provides substantially similar energy 

18 transmission capacity and reliability; 

19 ‘‘(B) does not impair other existing rights20 of-way; and 

21 ‘‘(C) is compatible with military training 

22 requirements. 

23 ‘‘(2) CONSULTATION.—Before establishing an 

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1 ridor under paragraph (1), the Secretary shall con2 sult with— 

3 ‘‘(A) the Secretary of Energy; 

4 ‘‘(B) the Secretary of Defense; 

5 ‘‘(C) the State, including the transmission 

6 permitting agency of the State; 

7 ‘‘(D) units of local government in the 

8 State; and 

9 ‘‘(E) any entities possessing valid existing 

10 rights-of-way within— 

11 ‘‘(i) the energy corridor described in 

12 paragraph (1); or 

13 ‘‘(ii) any potential alternative energy 

14 corridor. 

15 ‘‘(3) EFFECT ON ENERGY TRANSPORT COR16 RIDORS.—Nothing in this subsection diminishes the 

17 utility of energy transport corridors located within 

18 the Monument and identified under section 368 of 

19 the Energy Policy Act of 2005 (42 U.S.C. 15926), 

20 Energy Corridors E or I (as designated in the Cali21 fornia Desert Conservation Area Plan), or energy 

22 corridors numbered 27–41 and 27–225 and des23 ignated by a record of decision— 

24 ‘‘(A) to provide locations for— 


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1 ‘‘(i) electric transmission facilities 

2 that improve reliability, relieve congestion, 

3 and enhance the national grid; and 

4 ‘‘(ii) oil, gas, and hydrogen pipelines; 

5 and 

6 ‘‘(B) to provide locations for electric trans7 mission facilities that— 

8 ‘‘(i) promote renewable energy genera9 tion; 

10 ‘‘(ii) otherwise further the interest of 

11 the United States if the transmission fa12 cilities are identified as critical— 

13 ‘‘(I) in a Federal law; or 

14 ‘‘(II) through a regional trans15 mission planning process; or 

16 ‘‘(iii) consist of high-voltage trans17 mission facilities critical to the purposes 

18 described in clause (i) or (ii). 

19 ‘‘(4) LAND USE PLANNING.—In conducting 

20 land use planning for the Monument, the Sec21 retary— 

22 ‘‘(A) shall consider the existing locations of 

23 the corridors described in paragraph (3); and 

24 ‘‘(B) subject to paragraph (5), may amend 

25 the location of any energy corridors to comply 


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1 with purposes of the Monument if the amended 

2 corridor— 

3 ‘‘(i) provides connectivity across the 

4 landscape that is equivalent to the 

5 connectivity provided by the existing loca6 tion; 

7 ‘‘(ii) meets the criteria established 

8 by— 

9 ‘‘(I) section 368 of the Energy 

10 Policy Act of 2005 (42 U.S.C. 

11 15926); and 

12 ‘‘(II) the record of decision for 

13 the applicable corridor; and 

14 ‘‘(iii) does not impair or restrict the 

15 uses of existing rights-of-way. 

16 ‘‘(5) CONSULTATION REQUIRED.—Before 

17 amending a corridor under paragraph (4)(B), the 

18 Secretary shall consult with all interested parties 

19 (including the persons identified in section 368(a) of 

20 the Energy Policy Act of 2005 (42 U.S.C. 

21 15926(a))), in accordance with applicable laws (in22 cluding regulations). 

23 ‘‘(h) OVERFLIGHTS.—Nothing in this title or the 

24 management plan restricts or precludes— 


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1 ‘‘(1) overflights (including low-level overflights) 

2 of military, commercial, and general aviation aircraft 

3 that can be seen or heard within the Monument; 

4 ‘‘(2) the designation or creation of new units of 

5 special use airspace; or 

6 ‘‘(3) the establishment of military flight train7 ing routes over the Monument. 

8 ‘‘(i) WITHDRAWALS.— 

9 ‘‘(1) IN GENERAL.—Subject to valid existing 

10 rights and except as provided in paragraph (2), the 

11 Federal land and interests in Federal land included 

12 within the Monument are withdrawn from— 

13 ‘‘(A) all forms of entry, appropriation, or 

14 disposal under the public land laws; 

15 ‘‘(B) location, entry, and patent under the 

16 public land mining laws; 

17 ‘‘(C) operation of the mineral leasing, geo18 thermal leasing, and mineral materials laws; 

19 and 

20 ‘‘(D) energy development and power gen21 eration. 

22 ‘‘(2) EXCHANGE.—Paragraph (1) does not 

23 apply to an exchange that the Secretary determines 

24 would further the protective purposes of the Monu25 ment. 


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1 ‘‘(j) ACCESS TO RENEWABLE ENERGY FACILITIES.— 

2 ‘‘(1) IN GENERAL.—On a determination that no 

3 reasonable alternative access exists and subject to 

4 paragraph (2), the Secretary may allow new right5 of-ways within the Monument to provide vehicular 

6 access to renewable energy project sites outside the 

7 boundaries of the Monument. 

8 ‘‘(2) RESTRICTIONS.—To the maximum extent 

9 practicable, the rights-of-way shall be designed and 

10 sited to be consistent with the purposes of the 

11 Monument described in section 1302(b). 

12 ‘‘SEC. 1305. ACQUISITION OF LAND. 

13 ‘‘(a) IN GENERAL.—The Secretary may acquire for 

14 inclusion in the Monument any land or interests in land 

15 within the boundary of the Monument owned by the State, 

16 units of local government, Indian tribes, or private individ17 uals only by— 

18 ‘‘(1) donation; 

19 ‘‘(2) exchange with a willing party; or 

20 ‘‘(3) purchase from a willing seller for fair mar21 ket value. 

22 ‘‘(b) USE OF EASEMENTS.—To the maximum extent 

23 practicable and only with the approval of the landowner, 

24 the Secretary may use permanent conservation easements 


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1 to acquire an interest in land in the Monument rather 

2 than acquiring fee simple title to the land. 

3 ‘‘(c) INCORPORATION OF ACQUIRED LAND AND IN4 TERESTS IN LAND.—Any land or interest in land within 

5 the boundaries of the Monument that is acquired by the 

6 United States after the date of enactment of this title shall 

7 be added to and administered as part of the Monument. 

8 ‘‘(d) DONATED AND ACQUIRED LAND.— 

9 ‘‘(1) IN GENERAL.—All land within the bound10 ary of the Monument donated to the United States 

11 or acquired using amounts from the land and water 

12 conservation fund established under section 2 of the 

13 Land and Water Conservation Fund Act of 1965 

14 (16 U.S.C. 460l–5) before, on, or after the date of 

15 enactment of this title— 

16 ‘‘(A) is withdrawn from mineral entry; 

17 ‘‘(B) shall be managed in accordance with 

18 section 1904; and 

19 ‘‘(C) shall be managed consistent with the 

20 purposes of the Monument described in section 

21 1302(b). 

22 ‘‘(2) EFFECT ON MONUMENT.—Land within the 

23 boundary of the Monument that is contiguous to 

24 land donated to the United States or acquired using 

25 amounts from the land and water conservation fund 


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1 established under section 2 of the Land and Water 

2 Conservation Fund Act of 1965 (16 U.S.C. 460l–5) 

3 shall be managed in a manner consistent with con4 servation purposes, subject to applicable law. 

5 ‘‘SEC. 1306. ADVISORY COMMITTEE. 

6 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

7 advisory committee for the Monument, the purpose of 

8 which is to advise the Secretary with respect to the prepa9 ration and implementation of the management plan re10 quired by section 1303(g). 

11 ‘‘(b) MEMBERSHIP.—To the extent practicable, the 

12 advisory committee shall include the following members, 

13 to be appointed by the Secretary: 

14 ‘‘(1) A representative with expertise in natural 

15 science and research selected from a regional univer16 sity or research institute. 

17 ‘‘(2) A representative of the California Natural 

18 Resources Agency. 

19 ‘‘(3) A representative of the California Public 

20 Utilities Commission. 

21 ‘‘(4) A representative of the County of San 

22 Bernardino, California. 

23 ‘‘(5) A representative of each of the cities of 

24 Barstow, Needles, Twentynine Palms, and Yucca 

25 Valley, California. 


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1 ‘‘(6) A representative of each of the Colorado 

2 River, Fort Mojave, and the Chemehuevi Indian 

3 tribes. 

4 ‘‘(7) A representative from the Department of 

5 Defense. 

6 ‘‘(8) A representative of the Wildlands Conser7 vancy. 

8 ‘‘(9) A representative of a local conservation or9 ganization. 

10 ‘‘(10) A representative of a historical preserva11 tion organization. 

12 ‘‘(11) A representative from each of the fol13 lowing recreational activities: 

14 ‘‘(A) Off-highway vehicles. 

15 ‘‘(B) Hunting. 

16 ‘‘(C) Rockhounding. 

17 ‘‘(c) TERMS.— 

18 ‘‘(1) IN GENERAL.—In appointing members 

19 under paragraphs (1) through (11) of subsection 

20 (b), the Secretary shall appoint 1 primary member 

21 and 1 alternate member that meets the qualifica22 tions described in each of those paragraphs. 

23 ‘‘(2) VACANCY.— 

24 ‘‘(A) PRIMARY MEMBER.—A vacancy on 

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1 mary member shall be filled by the applicable 

2 alternate member. 

3 ‘‘(B) ALTERNATE MEMBER.—The Sec4 retary shall appoint a new alternate members in 

5 the event of a vacancy with respect to an alter6 nate member of the advisory committee. 

7 ‘‘(3) TERMINATION.— 

8 ‘‘(A) IN GENERAL.—The term of all mem9 bers of the advisory committee shall terminate 

10 on the termination of the advisory committee 

11 under subsection (g). 

12 ‘‘(B) NEW ADVISORY COMMITTEE.—At the 

13 discretion of the Secretary, the Secretary may 

14 establish a new advisory committee on the ter15 mination of the advisory committee under sub16 section (g) to provide ongoing recommendations 

17 on the management of the Monument. 

18 ‘‘(d) QUORUM.—A quorum of the advisory committee 

19 shall consist of a majority of the primary members. 

20 ‘‘(e) CHAIRPERSON AND PROCEDURES.— 

21 ‘‘(1) IN GENERAL.—The advisory committee 

22 shall select a chairperson and vice chairperson from 

23 among the primary members of the advisory com24 mittee. 


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1 ‘‘(2) DUTIES.—The chairperson and vice chair2 person selected under paragraph (1) shall establish 

3 any rules and procedures for the advisory committee 

4 that the chairperson and vice-chairperson determine 

5 to be necessary or desirable. 

6 ‘‘(f) SERVICE WITHOUT COMPENSATION.—Members 

7 of the advisory committee shall serve without pay. 

8 ‘‘(g) TERMINATION.—The advisory committee shall 

9 cease to exist on— 

10 ‘‘(1) the date on which the management plan is 

11 officially adopted by the Secretary; or 

12 ‘‘(2) at the discretion of the Secretary, a later 

13 date established by the Secretary. 

14 ‘‘SEC. 1307. RENEWABLE ENERGY RIGHT-OF-WAY APPLICA15 TIONS. 

16 ‘‘(a) IN GENERAL.—Applicants for rights-of-way for 

17 the development of solar energy facilities that have been 

18 terminated by the establishment of the Monument shall 

19 be granted the right of first refusal to apply for replace20 ment sites that— 

21 ‘‘(1) have not previously been encumbered by 

22 right-of-way applications; and 

23 ‘‘(2) are located within the Solar Energy Zones 

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1 ronmental Impact Statement of the Department of 

2 the Interior and the Department of Energy. 

3 ‘‘(b) ELIGIBILITY.—To be eligible for a right of first 

4 refusal under subsection (a), an applicant shall have, on 

5 or before December 1, 2009— 

6 ‘‘(1) submitted an application for a right-of-way 

7 to the Bureau of Land Management; 

8 ‘‘(2) completed a plan of development to de9 velop a solar energy facility on land within the 

10 Monument; 

11 ‘‘(3) submitted cost recovery funds to the Bu12 reau of Land Management to assist with the costs 

13 of processing the right-of-way application; 

14 ‘‘(4) successfully submitted an application for 

15 an interconnection agreement with an electrical grid 

16 operator that is registered with the North American 

17 Electric Reliability Corporation; and 

18 ‘‘(5)(A) secured a power purchase agreement; 

19 or 

20 ‘‘(B) a financially and technically viable solar 

21 energy facility project, as determined by the Director 

22 of the Bureau of Land Management. 

23 ‘‘(c) EQUIVALENT ENERGY PRODUCTION.—Each 

24 right-of-way for a replacement site granted under this sec25 tion shall— 


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1 ‘‘(1) authorize the same energy production at 

2 the replacement site as had been applied for at the 

3 site that had been the subject of the terminated ap4 plication; and 

5 ‘‘(2) have— 

6 ‘‘(A) appropriate solar insolation and 

7 geotechnical attributes; and 

8 ‘‘(B) adequate access to existing trans9 mission or feasible new transmission. 

10 ‘‘(d) EXISTING RIGHTS-OF-WAY APPLICATIONS.— 

11 Nothing in this section alters, affects, or displaces primary 

12 rights-of-way applications within the Solar Energy Study 

13 Areas unless the applications are otherwise altered, af14 fected, or displaced as a result of the Solar Energy Pro15 grammatic Environmental Impact Statement of the De16 partment of the Interior and the Department of Energy. 

17 ‘‘(e) DEADLINES.—A right of first refusal granted 

18 under this section shall only be exercisable by the later 

19 of— 

20 ‘‘(1) the date that is 180 days after the date of 

21 enactment of this title; or 

22 ‘‘(2) the date that is 180 days after the date of 

23 the designation of the Solar Energy Zones under the 

24 Solar Energy Programmatic Environmental Impact 

25 Statement. 


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1 ‘‘(f) EXPEDITED APPLICATION PROCESSING.—The 

2 Secretary shall expedite the review of replacement site ap3 plications from eligible applicants, as described in sub4 section (b). 

5 ‘‘TITLE XIV—SAND TO SNOW 

6 NATIONAL MONUMENT 

7 ‘‘SEC. 1401. DEFINITIONS. 

8 ‘‘In this title: 

9 ‘‘(1) MAP.—The term ‘map’ means the map en10 titled ‘Boundary Map, Sand to Snow National 

11 Monument’ and dated October 26, 2009. 

12 ‘‘(2) MONUMENT.—The term ‘Monument’ 

13 means the Sand to Snow National Monument estab14 lished by section 1402(a). 

15 ‘‘(3) SECRETARIES.—The term ‘Secretaries’ 

16 means the Secretary of the Interior and the Sec17 retary of Agriculture, acting jointly. 

18 ‘‘SEC. 1402. ESTABLISHMENT OF THE SAND TO SNOW NA19 TIONAL MONUMENT. 

20 ‘‘(a) ESTABLISHMENT.—There is designated in the 

21 State the Sand to Snow National Monument. 

22 ‘‘(b) PURPOSES.—The purposes of the Monument 

23 are— 

24 ‘‘(1) to preserve the nationally significant bio25 logical, cultural, educational, geological, historic, sceVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 nic, and recreational values at the convergence of 

2 the Mojave and Colorado Desert and the San 

3 Bernardino Mountains; and 

4 ‘‘(2) to secure the opportunity for present and 

5 future generations to experience and enjoy the mag6 nificent vistas, wildlife, land forms, and natural and 

7 cultural resources of the Monument. 

8 ‘‘(c) BOUNDARIES.—The Monument shall consist of 

9 the Federal land and Federal interests in land within the 

10 boundaries depicted on the map. 

11 ‘‘(d) MAP; LEGAL DESCRIPTIONS.— 

12 ‘‘(1) LEGAL DESCRIPTION.—As soon as prac13 ticable after the date of enactment of this title, the 

14 Secretary shall submit to the Committee on Natural 

15 Resources of the House of Representatives and the 

16 Committee on Energy and Natural Resources of the 

17 Senate legal descriptions of the Monument, based on 

18 the map. 

19 ‘‘(2) CORRECTIONS.—The map and legal de20 scriptions of the Monument shall have the same 

21 force and effect as if included in this title, except 

22 that the Secretary may correct clerical and typo23 graphical errors in the map and legal descriptions. 


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1 ‘‘(3) AVAILABILITY OF MAP.—The map shall be 

2 on file and available for public inspection in appro3 priate offices of the Bureau of Land Management. 

4 ‘‘SEC. 1403. MANAGEMENT OF THE MONUMENT. 

5 ‘‘(a) IN GENERAL.—The Secretary shall— 

6 ‘‘(1) only allow uses of the Monument that— 

7 ‘‘(A) further the purposes described in sec8 tion 1402(b); 

9 ‘‘(B) are included in the management plan 

10 developed under subsection (g); and 

11 ‘‘(C) do not interfere with the utility 

12 rights-of-way authorized under section 1405(e); 

13 and 

14 ‘‘(2) subject to valid existing rights, manage the 

15 Monument to protect the resources of the Monu16 ment, in accordance with— 

17 ‘‘(A) this title; 

18 ‘‘(B) the Federal Land Policy and Man19 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

20 and 

21 ‘‘(C) any other applicable provisions of law. 

22 ‘‘(b) COOPERATION AGREEMENTS; GENERAL AU23 THORITY.—Consistent with the management plan and ex24 isting authorities applicable to the Monument, the Sec25 retary may enter into cooperative agreements and shared 


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1 management arrangements (including special use permits 

2 with any person (including educational institutions and In3 dian tribes)), for the purposes of interpreting, researching, 

4 and providing education on the resources of the Monu5 ment. 

6 ‘‘(c) ADMINISTRATION OF SUBSEQUENTLY AC7 QUIRED LAND.—Any land or interest in land within the 

8 boundaries of the Monument that is acquired by the Sec9 retary of the Interior or the Secretary of Agriculture after 

10 the date of enactment of this title shall be managed by 

11 the Secretary of Agriculture or the Secretary of the Inte12 rior, respectively, in accordance with this title. 

13 ‘‘(d) LIMITATIONS.— 

14 ‘‘(1) PROPERTY RIGHTS.—The establishment of 

15 the Monument does not— 

16 ‘‘(A) affect— 

17 ‘‘(i) any property rights of an Indian 

18 reservation, individually held trust land, or 

19 any other Indian allotments; 

20 ‘‘(ii) any land or interests in land held 

21 by the State, any political subdivision of 

22 the State, or any special district; or 

23 ‘‘(iii) any private property rights with24 in the boundaries of the Monument; or 


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1 ‘‘(B) grant to the Secretary any authority 

2 on or over non-Federal land not already pro3 vided by law. 

4 ‘‘(2) AUTHORITY.—The authority of the Sec5 retary under this title extends only to Federal land 

6 and Federal interests in land included in the Monu7 ment. 

8 ‘‘(e) ADJACENT MANAGEMENT.— 

9 ‘‘(1) IN GENERAL.—Nothing in this title creates 

10 any protective perimeter or buffer zone around the 

11 Monument. 

12 ‘‘(2) ACTIVITIES OUTSIDE MONUMENT.—The 

13 fact that an activity or use on land outside the 

14 Monument can be seen or heard within the Monu15 ment shall not preclude the activity or use outside 

16 the boundary of the Monument. 

17 ‘‘(3) NO ADDITIONAL REGULATION.—Nothing 

18 in this title requires additional regulation of activi19 ties on land outside the boundary of the Monument. 

20 ‘‘(f) AIR AND WATER QUALITY.—Nothing in this title 

21 affects the standards governing air or water quality out22 side the boundary of the Monument. 

23 ‘‘(g) MANAGEMENT PLAN.— 

24 ‘‘(1) IN GENERAL.—The Secretaries shall— 


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1 ‘‘(A) not later than 3 years after the date 

2 of enactment of this title, complete a manage3 ment plan for the conservation and protection 

4 of the Monument; and 

5 ‘‘(B) on completion of the management 

6 plan— 

7 ‘‘(i) submit the management plan 

8 to— 

9 ‘‘(I) the Committee on Natural 

10 Resources of the House of Represent11 atives; and 

12 ‘‘(II) the Committee on Energy 

13 and Natural Resources of the Senate; 

14 and 

15 ‘‘(ii) make the management plan 

16 available to the public. 

17 ‘‘(2) INCLUSIONS.—The management plan shall 

18 include provisions that— 

19 ‘‘(A) provide for the conservation and pro20 tection of the Monument; 

21 ‘‘(B) authorize the continued recreational 

22 uses of the Monument (including hiking, camp23 ing, hunting, mountain biking, sightseeing, off24 highway vehicle recreation on designated routes, 

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1 reational uses are consistent with this title and 

2 any other applicable law; 

3 ‘‘(C) address the need for and, as nec4 essary, establish plans for, the installation, con5 struction, and maintenance of public utility en6 ergy transport facilities within rights-of-way in 

7 the Monument outside of designated wilderness 

8 areas, including provisions that require that— 

9 ‘‘(i) the activities be conducted in a 

10 manner that minimizes the impact on 

11 Monument resources (including resources 

12 relating to the ecological, cultural, historic, 

13 and scenic viewshed of the Monument), in 

14 accordance with any other applicable law; 

15 and 

16 ‘‘(ii) the facilities are consistent with 

17 this section and any other applicable law; 

18 ‘‘(D) address the designation and mainte19 nance of roads, trails, and paths in the Monu20 ment; 

21 ‘‘(E) address regional fire management 

22 planning and coordination between the Director 

23 of the Bureau of Land Management, the Chief 

24 of the Forest Service, Riverside County, and 

25 San Bernardino County; and 


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1 ‘‘(F) address the establishment of a visitor 

2 center to serve the Monument and adjacent 

3 public land. 

4 ‘‘(3) PREPARATION AND IMPLEMENTATION.— 

5 ‘‘(A) APPLICABLE LAW.—The Secretary 

6 shall prepare and implement the management 

7 plan in accordance with the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et 

9 seq.) and any other applicable laws. 

10 ‘‘(B) CONSULTATION.—In preparing and 

11 implementing the management plan, the Sec12 retary shall periodically consult with— 

13 ‘‘(i) the advisory committee estab14 lished under section 1406; 

15 ‘‘(ii) interested private property own16 ers and holders of valid existing rights lo17 cated within the boundaries of the Monu18 ment; and 

19 ‘‘(iii) representatives of the Morongo 

20 Band of Mission Indians and other Indian 

21 tribes with historic or cultural ties to land 

22 within, or adjacent to, the Monument re23 garding the management of portions of the 

24 Monument that are of cultural importance 

25 to the Indian tribes. 


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1 ‘‘(4) INTERIM MANAGEMENT.—Except as other2 wise prohibited by this Act, pending completion of 

3 the management plan for the Monument, the Sec4 retary shall manage any Federal land and Federal 

5 interests in land within the boundary of the Monu6 ment— 

7 ‘‘(A) consistent with the existing permitted 

8 uses of the land; 

9 ‘‘(B) in accordance with the general guide10 lines and authorities of the existing manage11 ment plans of the Bureau of Land Management 

12 and the Forest Service for the land; and 

13 ‘‘(C) in a manner consistent with— 

14 ‘‘(i) the purposes described in section 

15 1402(b); 

16 ‘‘(ii) the provisions of the manage17 ment plan under paragraph (2); and 

18 ‘‘(iii) applicable Federal law. 

19 ‘‘(5) EFFECT OF SECTION.—Nothing in this 

20 section diminishes or alters existing authorities ap21 plicable to Federal land included in the Monument. 

22 ‘‘SEC. 1404. USES OF THE MONUMENT. 

23 ‘‘(a) USE OF OFF-HIGHWAY VEHICLES.— 

24 ‘‘(1) IN GENERAL.—The use of off-highway ve25 hicles in the Monument (including the use of offVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 highway vehicles for commercial touring) shall be 

2 permitted to continue on designated routes, subject 

3 to all applicable law and authorized by the manage4 ment plan. 

5 ‘‘(2) NONDESIGNATED ROUTES.—Off-highway 

6 vehicle access shall be permitted on nondesignated 

7 routes and trails in the Monument— 

8 ‘‘(A) for administrative purposes; 

9 ‘‘(B) to respond to an emergency; or 

10 ‘‘(C) as authorized under the management 

11 plan. 

12 ‘‘(3) INVENTORY.—Not later than 2 years after 

13 the date of enactment of this title, the Director of 

14 the Bureau of Land Management shall complete an 

15 inventory of all existing routes in the Monument. 

16 ‘‘(b) HUNTING, TRAPPING, AND FISHING.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the Secretary shall permit hunting, trap19 ping, and fishing within the Monument in accord20 ance with applicable Federal and State laws (includ21 ing regulations) as of the date of enactment of this 

22 title. 

23 ‘‘(2) TRAPPING.—No amphibians or reptiles 

24 may be collected within the Monument. 


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1 ‘‘(3) REGULATIONS.—The Secretary, after con2 sultation with the California Department of Fish 

3 and Game, may issue regulations designating zones 

4 where, and establishing periods during which, no 

5 hunting, trapping, or fishing shall be permitted in 

6 the Monument for reasons of public safety, adminis7 tration, resource protection, or public use and enjoy8 ment. 

9 ‘‘(c) ACCESS TO STATE AND PRIVATE LAND.—The 

10 Secretary shall provide adequate access to each owner of 

11 non-Federal land or interests in non-Federal land within 

12 the boundary of the Monument to ensure the reasonable 

13 use and enjoyment of the land or interest by the owner. 

14 ‘‘(d) LIMITATIONS.— 

15 ‘‘(1) COMMERCIAL ENTERPRISES.—Except as 

16 provided in paragraphs (2) and (3), or as required 

17 for the maintenance, upgrade, expansion, or develop18 ment of energy transport facilities in the corridors 

19 described in subsection (e), no commercial enter20 prises shall be authorized within the boundary of the 

21 Monument after the date of enactment of this title. 

22 ‘‘(2) AUTHORIZED EXCEPTIONS.—The Sec23 retary may authorize exceptions to paragraph (1) if 

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1 prises would further the purposes described in sec2 tion 1402(b). 

3 ‘‘(3) TRANSMISSION AND TELECOMMUNICATION

4 FACILITIES.—This subsection does not apply to— 

5 ‘‘(A) transmission and telecommunication 

6 facilities that are owned or operated by a utility 

7 subject to regulation by the Federal Govern8 ment or a State government or a State utility 

9 with a service obligation (as those terms are de10 fined in section 217 of the Federal Power Act 

11 (16 U.S.C. 824q)); or 

12 ‘‘(B) commercial vehicular touring enter13 prises within the Monument that operate on 

14 designated routes. 

15 ‘‘(e) UTILITY RIGHTS-OF-WAY.— 

16 ‘‘(1) IN GENERAL.—Nothing in this Act pre17 cludes, prevents, or inhibits the maintenance, up18 grade, expansion, or development of energy trans19 port facilities within the Monument that are critical 

20 to reducing the effects of climate change on the envi21 ronment. 

22 ‘‘(2) RIGHT-OF-WAY.—To the maximum extent 

23 practicable— 

24 ‘‘(A) the Secretary shall permit rights of 

25 way and alignments that best protect the values 


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1 and resources of the Monument described in 

2 section 1402(b); and 

3 ‘‘(B) the Secretary shall ensure that exist4 ing rights-of-way and utility corridors within 

5 the Monument are fully utilized before permit6 ting new rights-of-way or designating new util7 ity corridors within the Monument. 

8 ‘‘(3) EFFECT ON EXISTING FACILITIES AND

9 RIGHTS-OF-WAY.—Nothing in this section terminates 

10 or limits— 

11 ‘‘(A) any valid right-of-way in existence 

12 within the Monument on the date of enactment 

13 of this title (including customary operation, 

14 maintenance, repair, or replacement activities in 

15 a right-of-way); or 

16 ‘‘(B) a right-of-way authorization issued on 

17 the expiration or the assignment of an existing 

18 right-of-way authorization described in subpara19 graph (A). 

20 ‘‘(4) UPGRADING AND EXPANSION OF EXISTING

21 RIGHTS-OF-WAY.—Nothing in this subsection pro22 hibits the upgrading (including the construction or 

23 replacement), expansion, or assignment of an exist24 ing utility transmission line for the purpose of in25 creasing the capacity of— 


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1 ‘‘(A) a transmission line in existing rights2 of-way; or 

3 ‘‘(B) a right-of-way issued, granted, or 

4 permitted by the Secretary that is contiguous or 

5 adjacent to existing transmission line rights-of6 way. 

7 ‘‘(5) NEW RIGHTS-OF-WAY.— 

8 ‘‘(A) IN GENERAL.—Any new rights-of-way 

9 or new uses within existing rights-of-way shall, 

10 subject to subparagraph (B), require review and 

11 approval under the National Environmental 

12 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

13 ‘‘(B) APPROVAL.—New uses under sub14 paragraph (A) shall only be approved if the 

15 head of the applicable lead Federal agency, in 

16 consultation with other applicable agencies, de17 termine that the uses are consistent with— 

18 ‘‘(i) this title; 

19 ‘‘(ii) other applicable laws; 

20 ‘‘(iii) the purposes of the Monument 

21 described in section 1402(b); and 

22 ‘‘(iv) the management plan for the 

23 Monument. 

24 ‘‘(6) EFFECT ON ENERGY TRANSPORT COR25 RIDORS.—Nothing in this subsection diminishes the 


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1 utility of energy transport corridors located within 

2 the Monument designated by a record of decision— 

3 ‘‘(A) to provide locations for— 

4 ‘‘(i) electric transmission facilities 

5 that improve reliability, relieve congestion, 

6 and enhance the national grid; and 

7 ‘‘(ii) oil, gas, and hydrogen pipelines; 

8 and 

9 ‘‘(B) to provide locations for electric trans10 mission facilities that— 

11 ‘‘(i) promote renewable energy genera12 tion; 

13 ‘‘(ii) otherwise further the interest of 

14 the United States if the transmission fa15 cilities are identified as critical in law or 

16 through a regional transmission planning 

17 process; or 

18 ‘‘(iii) consist of high-voltage trans19 mission facilities critical to the purposes 

20 described in clause (i) or (ii). 

21 ‘‘(7) LAND USE PLANNING.—In conducting 

22 land use planning for the Monument, the Sec23 retary— 

24 ‘‘(A) shall consider the existing locations of 

25 the corridors described in paragraph (6); and 


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1 ‘‘(B) subject to paragraph (8), may amend 

2 the location of any energy corridors to comply 

3 with purposes of the Monument if the amended 

4 corridor— 

5 ‘‘(i) provides connectivity across the 

6 landscape that is equivalent to the 

7 connectivity provided by the existing loca8 tion; 

9 ‘‘(ii) meets the criteria established 

10 by— 

11 ‘‘(I) section 368 of the Energy 

12 Policy Act of 2005 (42 U.S.C. 

13 15926); and 

14 ‘‘(II) the record of decision for 

15 the applicable corridor; and 

16 ‘‘(iii) does not impair or restrict the 

17 uses of existing rights-of-way. 

18 ‘‘(8) CONSULTATION REQUIRED.—Before 

19 amending a corridor under paragraph (7)(B), the 

20 Secretary shall consult with all interested parties 

21 (including the persons identified in section 368(a) of 

22 the Energy Policy Act of 2005 (42 U.S.C. 

23 15926(a))), in accordance with applicable laws (in24 cluding regulations). 


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1 ‘‘(f) OVERFLIGHTS.—Nothing in this title or the 

2 management plan restricts or precludes— 

3 ‘‘(1) overflights (including low-level overflights) 

4 of military, commercial, and general aviation aircraft 

5 that can be seen or heard within the Monument; 

6 ‘‘(2) the designation or creation of new units of 

7 special use airspace; or 

8 ‘‘(3) the establishment of military flight train9 ing routes over the Monument. 

10 ‘‘(g) WITHDRAWALS.— 

11 ‘‘(1) IN GENERAL.—Subject to valid existing 

12 rights and except as provided in paragraph (2), the 

13 Federal land and interests in Federal land included 

14 within the Monument are withdrawn from— 

15 ‘‘(A) all forms of entry, appropriation, or 

16 disposal under the public land laws; 

17 ‘‘(B) location, entry, and patent under the 

18 public land mining laws; 

19 ‘‘(C) operation of the mineral leasing, geo20 thermal leasing, and mineral materials laws; 

21 and 

22 ‘‘(D) energy development and power gen23 eration. 

24 ‘‘(2) EXCHANGE.—Paragraph (1) does not 

25 apply to an exchange that the Secretary determines 


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1 would further the protective purposes of the Monu2 ment. 

3 ‘‘(h) ACCESS TO RENEWABLE ENERGY FACILI4 TIES.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 the Secretary may allow new right-of-ways within 

7 the Monument to provide reasonable vehicular access 

8 to renewable energy project sites outside the bound9 aries of the Monument. 

10 ‘‘(2) RESTRICTIONS.—To the maximum extent 

11 practicable, the rights-of-way shall be designed and 

12 sited to be consistent with the purposes of the 

13 Monument described in section 1402(b). 

14 ‘‘SEC. 1405. ACQUISITION OF LAND. 

15 ‘‘(a) IN GENERAL.—The Secretary may acquire for 

16 inclusion in the Monument any land or interests in land 

17 within the boundary of the Monument owned by the State, 

18 units of local government, Indian tribes, or private individ19 uals only by— 

20 ‘‘(1) donation; 

21 ‘‘(2) exchange with a willing party; or 

22 ‘‘(3) purchase from a willing seller for fair mar23 ket value. 

24 ‘‘(b) USE OF EASEMENTS.—To the maximum extent 

25 practicable and only with the approval of the landowner, 


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1 the Secretary may use permanent conservation easements 

2 to acquire an interest in land in the Monument rather 

3 than acquiring fee simple title to the land. 

4 ‘‘(c) INCORPORATION OF ACQUIRED LAND AND IN5 TERESTS IN LAND.—Any land or interest in land within 

6 the boundaries of the Monument that is acquired by the 

7 United States after the date of enactment of this title shall 

8 be added to and administered as part of the Monument. 

9 ‘‘(d) DONATED AND ACQUIRED LAND.— 

10 ‘‘(1) IN GENERAL.—All land within the bound11 ary of the Monument donated to the United States 

12 or acquired using amounts from the land and water 

13 conservation fund established under section 2 of the 

14 Land and Water Conservation Fund Act of 1965 

15 (16 U.S.C. 460l–5) before, on, or after the date of 

16 enactment of this title— 

17 ‘‘(A) is withdrawn from mineral entry; 

18 ‘‘(B) shall be managed in accordance with 

19 section 1904; and 

20 ‘‘(C) shall be managed consistent with the 

21 purposes of the Monument described in section 

22 1402(b). 

23 ‘‘(2) EFFECT ON MONUMENT.—Land within the 

24 boundary of the Monument that is contiguous to 

25 land donated to the United States or acquired using 


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1 amounts from the land and water conservation fund 

2 established under section 2 of the Land and Water 

3 Conservation Fund Act of 1965 (16 U.S.C. 460l–5) 

4 shall be managed in a manner consistent with con5 servation purposes, subject to applicable law. 

6 ‘‘SEC. 1406. ADVISORY COMMITTEE. 

7 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

8 advisory committee for the Monument, the purpose of 

9 which is to advise the Secretary with respect to the prepa10 ration and implementation of the management plan re11 quired by section 1403(g). 

12 ‘‘(b) MEMBERSHIP.—To the extent practicable, the 

13 advisory committee shall include the following members, 

14 to be appointed by the Secretary: 

15 ‘‘(1) A representative with expertise in natural 

16 science and research selected from a regional univer17 sity or research institute. 

18 ‘‘(2) A representative of the Department of De19 fense. 

20 ‘‘(3) A representative of the California Natural 

21 Resources Agency. 

22 ‘‘(4) A representative of each of San 

23 Bernardino and Riverside Counties, California. 

24 ‘‘(5) A representative of each of the cities of 

25 Desert Hot Springs and Yucca Valley, California. 


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1 ‘‘(6) A representative of the Morongo Band of 

2 Mission Indians. 

3 ‘‘(7) A representative of the Friends of Big 

4 Morongo Preserve. 

5 ‘‘(8) A representative of the Wildlands Conser6 vancy. 

7 ‘‘(9) A representative of the Coachella Valley 

8 Mountains Conservancy. 

9 ‘‘(10) A representative of the San Gorgonio 

10 Wilderness Association. 

11 ‘‘(11) A representative of the Morongo Basin 

12 Community Services District. 

13 ‘‘(12) A representative from each of the fol14 lowing recreational activities: 

15 ‘‘(A) Off-highway vehicles. 

16 ‘‘(B) Hunting. 

17 ‘‘(C) Rockhounding. 

18 ‘‘(c) TERMS.— 

19 ‘‘(1) IN GENERAL.—In appointing members 

20 under paragraphs (1) through (12) of subsection 

21 (b), the Secretary shall appoint 1 primary member 

22 and 1 alternate member that meets the qualifica23 tions described in each of those paragraphs. 

24 ‘‘(2) VACANCY.— 


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1 ‘‘(A) PRIMARY MEMBER.—A vacancy on 

2 the advisory committee with respect to a pri3 mary member shall be filled by the applicable 

4 alternate member. 

5 ‘‘(B) ALTERNATE MEMBER.—The Sec6 retary shall appoint a new alternate members in 

7 the event of a vacancy with respect to an alter8 nate member of the advisory committee. 

9 ‘‘(3) TERMINATION.— 

10 ‘‘(A) IN GENERAL.—The term of all mem11 bers of the advisory committee shall terminate 

12 on the termination of the advisory committee 

13 under subsection (g). 

14 ‘‘(B) NEW ADVISORY COMMITTEE.—At the 

15 discretion of the Secretary, the Secretary may 

16 establish a new advisory committee on the ter17 mination of the advisory committee under sub18 section (g) to provide ongoing recommendations 

19 on the management of the Monument. 

20 ‘‘(d) QUORUM.—A quorum of the advisory committee 

21 shall consist of a majority of the primary members. 

22 ‘‘(e) CHAIRPERSON AND PROCEDURES.— 

23 ‘‘(1) IN GENERAL.—The advisory committee 

24 shall select a chairperson and vice chairperson from 


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1 among the primary members of the advisory com2 mittee. 

3 ‘‘(2) DUTIES.—The chairperson and vice chair4 person selected under paragraph (1) shall establish 

5 any rules and procedures for the advisory committee 

6 that the chairperson and vice-chairperson determine 

7 to be necessary or desirable. 

8 ‘‘(f) SERVICE WITHOUT COMPENSATION.—Members 

9 of the advisory committee shall serve without pay. 

10 ‘‘(g) TERMINATION.—The advisory committee shall 

11 cease to exist on— 

12 ‘‘(1) the date on which the management plan is 

13 officially adopted by the Secretary; or 

14 ‘‘(2) at the discretion of the Secretary, a later 

15 date established by the Secretary. 

16 ‘‘TITLE XV—WILDERNESS 

17 ‘‘SEC. 1501. DESIGNATION OF WILDERNESS AREAS. 

18 ‘‘(a) DESIGNATION OF WILDERNESS AREAS TO BE

19 ADMINISTERED BY THE BUREAU OF LAND MANAGE20 MENT.—In accordance with the Wilderness Act (16 U.S.C. 

21 1131 et seq.) and sections 601 and 603 of the Federal 

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

23 1781, 1782), the following land in the State is designated 

24 as wilderness areas and as components of the National 

25 Wilderness Preservation System: 


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1 ‘‘(1) AVAWATZ MOUNTAINS WILDERNESS.—Cer2 tain land in the Conservation Area administered by 

3 the Director of the Bureau of Land Management, 

4 comprising approximately 86,614 acres, as generally 

5 depicted on the map entitled ‘Avawatz Mountains 

6 Proposed Wilderness’ and dated July 15, 2009, to 

7 be known as the ‘Avawatz Mountains Wilderness’. 

8 ‘‘(2) GOLDEN VALLEY WILDERNESS.—Certain 

9 land in the Conservation Area administered by the 

10 Director of the Bureau of Land Management, com11 prising approximately 21,633 acres, as generally de12 picted on the map entitled ‘Golden Valley Proposed 

13 Wilderness’ and dated July 15, 2009, which shall be 

14 considered to be part of the ‘Golden Valley Wilder15 ness’. 

16 ‘‘(3) GREAT FALLS BASIN WILDERNESS.— 

17 ‘‘(A) IN GENERAL.—Certain land in the 

18 Conservation Area administered by the Director 

19 of the Bureau of Land Management, com20 prising approximately 7,871 acres, as generally 

21 depicted on the map entitled ‘Great Falls Basin 

22 Proposed Wilderness’ and dated October 26, 

23 2009, to be known as the ‘Great Falls Basin 

24 Wilderness’. 


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1 ‘‘(B) LIMITATIONS.—Designation of the 

2 wilderness under subparagraph (A) shall not es3 tablish a Class I Airshed under the Clean Air 

4 Act (42 U.S.C. 7401 et seq.). 

5 ‘‘(4) KINGSTON RANGE WILDERNESS.—Certain 

6 land in the Conservation Area administered by the 

7 Bureau of Land Management, comprising approxi8 mately 53,321 acres, as generally depicted on the 

9 map entitled ‘Kingston Range Proposed Wilderness 

10 Additions’ and dated July 15, 2009, which shall be 

11 considered to be a part of as the ‘Kingston Range 

12 Wilderness’. 

13 ‘‘(5) SODA MOUNTAINS WILDERNESS.—Certain 

14 land in the Conservation Area, administered by the 

15 Bureau of Land Management, comprising approxi16 mately 79,376 acres, as generally depicted on the 

17 map entitled ‘Soda Mountains Proposed Wilderness’ 

18 and dated October 26, 2009, to be known as the 

19 ‘Soda Mountains Wilderness’. 

20 ‘‘(b) DESIGNATION OF WILDERNESS AREAS TO BE

21 ADMINISTERED BY THE NATIONAL PARK SERVICE.—In 

22 accordance with the Wilderness Act (16 U.S.C. 1131 et 

23 seq.) and sections 601 and 603 of the Federal Land Policy 

24 and Management Act of 1976 (43 U.S.C. 1781, 1782), 

25 the following land in the State is designated as wilderness 


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1 areas and as components of the National Wilderness Pres2 ervation System: 

3 ‘‘(1) DEATH VALLEY NATIONAL PARK WILDER4 NESS ADDITIONS.—Certain land in the Conservation 

5 Area administered by the Director of the National 

6 Park Service, comprising approximately 59,264 

7 acres, as generally depicted on the map entitled 

8 ‘Death Valley National Park Additions’ and dated 

9 October 1, 2009, which shall be considered to be a 

10 part of the Death Valley National Park Wilderness. 

11 ‘‘(2) BOWLING ALLEY WILDERNESS.—Certain 

12 land in the Conservation Area administered by the 

13 Director of the Bureau of Land Management, com14 prising approximately 30,888 acres, as generally de15 picted on the map entitled ‘Death Valley National 

16 Park Proposed Wilderness Area’, numbered 143/ 

17 100080, and dated June 2009, which shall be con18 sidered to be a part of the Death Valley National 

19 Park Wilderness. 

20 ‘‘(c) DESIGNATION OF WILDERNESS AREA TO BE

21 ADMINISTERED BY THE FOREST SERVICE.— 

22 ‘‘(1) IN GENERAL.—In accordance with the Wil23 derness Act (16 U.S.C. 1131 et seq.) and sections 

24 601 and 603 of the Federal Land Policy and Man25 agement Act of 1976 (43 U.S.C. 1781, 1782), the 


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1 land in the State described in paragraph (2) is des2 ignated as a wilderness area and as a component of 

3 the National Wilderness Preservation System. 

4 ‘‘(2) DESCRIPTION OF LAND.—The land re5 ferred to in paragraph (1) is certain land in the San 

6 Bernardino National Forest, comprising approxi7 mately 7,141 acres, as generally depicted on the 

8 map entitled ‘Proposed Sand to Snow National 

9 Monument’ and dated October 26, 2009, which shall 

10 considered to be a part of the San Gorgonio Wilder11 ness. 

12 ‘‘SEC. 1502. MANAGEMENT. 

13 ‘‘(a) ADJACENT MANAGEMENT.— 

14 ‘‘(1) IN GENERAL.—Nothing in this title creates 

15 any protective perimeter or buffer zone around the 

16 wilderness areas designated by section 1501. 

17 ‘‘(2) ACTIVITIES OUTSIDE WILDERNESS

18 AREAS.— 

19 ‘‘(A) IN GENERAL.—The fact that an ac20 tivity (including military activities) or use on 

21 land outside a wilderness area designated by 

22 section 1501 can be seen or heard within the 

23 wilderness area shall not preclude or restrict 

24 the activity or use outside the boundary of the 

25 wilderness area. 


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1 ‘‘(B) EFFECT ON NONWILDERNESS ACTIVI2 TIES.— 

3 ‘‘(i) IN GENERAL.—In any permitting 

4 proceeding (including a review under the 

5 National Environmental Policy Act of 

6 1969 (42 U.S.C. 4321 et seq.)) conducted 

7 with respect to a project described in 

8 clause (ii) that is formally initiated 

9 through a notice in the Federal Register 

10 before December 31, 2013, the consider11 ation of any visual, noise, or other impacts 

12 of the project on a wilderness area des13 ignated by section 1501 shall be conducted 

14 based on the status of the area before des15 ignation as wilderness. 

16 ‘‘(ii) DESCRIPTION OF PROJECTS.—A 

17 project referred to in clause (i) is a renew18 able energy project— 

19 ‘‘(I) for which the Bureau of 

20 Land Management has received a 

21 right-of-way use application on or be22 fore the date of enactment of this Act; 

23 and 


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1 ‘‘(II) that is located outside the 

2 boundary of a wilderness area des3 ignated by section 1501. 

4 ‘‘(3) NO ADDITIONAL REGULATION.—Nothing 

5 in this title requires additional regulation of activi6 ties on land outside the boundary of the wilderness 

7 areas. 

8 ‘‘(4) EFFECT ON MILITARY OPERATIONS.— 

9 Nothing in this Act alters any authority of the Sec10 retary of Defense to conduct any military operations 

11 at desert installations, facilities, and ranges of the 

12 State that are authorized under any other provision 

13 of law. 

14 ‘‘(b) MAPS; LEGAL DESCRIPTIONS.— 

15 ‘‘(1) IN GENERAL.—As soon as practicable 

16 after the date of enactment of this title, the Sec17 retary shall file a map and legal description of each 

18 wilderness area and wilderness addition designated 

19 by section 1501 with— 

20 ‘‘(A) the Committee on Natural Resources 

21 of the House of Representatives; and 

22 ‘‘(B) the Committee on Energy and Nat23 ural Resources of the Senate. 

24 ‘‘(2) FORCE OF LAW.—A map and legal de25 scription filed under paragraph (1) shall have the 


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1 same force and effect as if included in this title, ex2 cept that the Secretary may correct errors in the 

3 maps and legal descriptions. 

4 ‘‘(3) PUBLIC AVAILABILITY.—Each map and 

5 legal description filed under paragraph (1) shall be 

6 filed and made available for public inspection in the 

7 appropriate office of the Secretary. 

8 ‘‘(c) ADMINISTRATION.—Subject to valid existing 

9 rights, the land designated as wilderness or as a wilder10 ness addition by section 1501 shall be administered by the 

11 Secretary in accordance with this Act and the Wilderness 

12 Act (16 U.S.C. 1131 et seq.), except that any reference 

13 in that Act to the effective date shall be considered to be 

14 a reference to the date of enactment of this title. 

15 ‘‘SEC. 1503. RELEASE OF WILDERNESS STUDY AREAS. 

16 ‘‘(a) FINDING.—Congress finds that, for purposes of 

17 section 603 of the Federal Land Policy and Management 

18 Act of 1976 (43 U.S.C. 1782), any portion of a wilderness 

19 study area described in subsection (b) that is not des20 ignated as a wilderness area or wilderness addition by sec21 tion 1501 or any other Act enacted before the date of en22 actment of this title has been adequately studied for wil23 derness. 

24 ‘‘(b) DESCRIPTION OF STUDY AREAS.—The study 

25 areas referred to in subsection (a) are— 


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1 ‘‘(1) the Cady Mountains Wilderness Study 

2 Area; 

3 ‘‘(2) the Great Falls Basin Wilderness Study 

4 Area; and 

5 ‘‘(3) the Soda Mountains Wilderness Study 

6 Area. 

7 ‘‘(c) RELEASE.—Any portion of a wilderness study 

8 area described in subsection (b) that is not designated as 

9 a wilderness area or wilderness addition by section 1501 

10 is no longer subject to section 603(c) of the Federal Land 

11 Policy and Management Act of 1976 (43 U.S.C. 1782(c)). 

12 ‘‘TITLE XVI—DESIGNATION OF 

13 SPECIAL MANAGEMENT AREA 

14 ‘‘SEC. 1601. DEFINITIONS. 

15 ‘‘In this title: 

16 ‘‘(1) MANAGEMENT AREA.—The term ‘Manage17 ment Area’ means the Vinagre Wash Special Man18 agement Area. 

19 ‘‘(2) MAP.—The term ‘map’ means the map en20 titled ‘Vinagre Wash Special Management Area-Pro21 posed’ and dated November 10, 2009. 

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

23 has the meaning given the term ‘public lands’ in sec24 tion 103 of the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1702). 


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1 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of the Interior. 

3 ‘‘SEC. 1602. ESTABLISHMENT OF THE VINAGRE WASH SPE4 CIAL MANAGEMENT AREA. 

5 ‘‘(a) ESTABLISHMENT.—There is established the 

6 Vinagre Wash Special Management Area in the State, to 

7 be managed by the El Centro Field Office and the Yuma 

8 Field Office of the Bureau of Land Management. 

9 ‘‘(b) PURPOSE.—The purpose of the Management 

10 Area is to conserve, protect, and enhance— 

11 ‘‘(1) the plant and wildlife values of the Man12 agement Area; and 

13 ‘‘(2) the outstanding and nationally significant 

14 ecological, geological, scenic, recreational, archae15 ological, cultural, historic, and other resources of the 

16 Management Area. 

17 ‘‘(c) BOUNDARIES.—The Management Area shall 

18 consist of the public land in Imperial County, California, 

19 comprising approximately 74,714 acres, as generally de20 picted on the map. 

21 ‘‘(d) MAP; LEGAL DESCRIPTION.— 

22 ‘‘(1) IN GENERAL.—As soon as practicable, but 

23 not later than 3 years, after the date of enactment 

24 of this title, the Secretary shall submit a map and 

25 legal description of the Management Area to— 


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1 ‘‘(A) the Committee on Natural Resources 

2 of the House of Representatives; and 

3 ‘‘(B) the Committee on Energy and Nat4 ural Resources of the Senate. 

5 ‘‘(2) EFFECT.—The map and legal description 

6 submitted under paragraph (1) shall have the same 

7 force and effect as if included in this title, except 

8 that the Secretary may correct any errors in the 

9 map and legal description. 

10 ‘‘(3) AVAILABILITY.—Copies of the map sub11 mitted under paragraph (1) shall be on file and 

12 available for public inspection in— 

13 ‘‘(A) the Office of the Director of the Bu14 reau of Land Management; and 

15 ‘‘(B) the appropriate office of the Bureau 

16 of Land Management in the State. 

17 ‘‘SEC. 1603. MANAGEMENT. 

18 ‘‘(a) IN GENERAL.—The Secretary shall allow hiking, 

19 camping, hunting, and sightseeing and the use of motor20 ized vehicles, mountain bikes, and horses on designated 

21 routes in the Management Area in a manner that— 

22 ‘‘(1) is consistent with the purpose of the Man23 agement Area described in section 1602(b); 

24 ‘‘(2) ensures public health and safety; and 

25 ‘‘(3) is consistent with applicable law. 


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1 ‘‘(b) OFF-HIGHWAY VEHICLE USE.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

3 and (3) and all other applicable laws, the use of off4 highway vehicles shall be permitted on routes in the 

5 Management Area generally depicted on the map. 

6 ‘‘(2) CLOSURE.—The Secretary may tempo7 rarily close or permanently reroute a portion of a 

8 route described in paragraph (1)— 

9 ‘‘(A) to prevent, or allow for restoration of, 

10 resource damage; 

11 ‘‘(B) to protect tribal cultural resources, 

12 including the resources identified in the tribal 

13 cultural resources management plan developed 

14 under section 1905(c); 

15 ‘‘(C) to address public safety concerns; or 

16 ‘‘(D) as otherwise required by law. 

17 ‘‘(3) DESIGNATION OF ADDITIONAL ROUTES.— 

18 During the 3–year period beginning on the date of 

19 enactment of this title, the Secretary— 

20 ‘‘(A) shall accept petitions from the public 

21 regarding additional routes for off-highway ve22 hicles; and 

23 ‘‘(B) may designate additional routes that 

24 the Secretary determines— 


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1 ‘‘(i) would provide significant or 

2 unique recreational opportunities; and 

3 ‘‘(ii) are consistent with the purposes 

4 of the Management Area. 

5 ‘‘(c) WITHDRAWAL.—Subject to valid existing rights, 

6 all Federal land within the Management Area is with7 drawn from— 

8 ‘‘(1) all forms of entry, appropriation, or dis9 posal under the public land laws; 

10 ‘‘(2) location, entry, and patent under the min11 ing laws; and 

12 ‘‘(3) right-of-way, leasing, or disposition under 

13 all laws relating to— 

14 ‘‘(A) minerals; or 

15 ‘‘(B) solar, wind, and geothermal energy. 

16 ‘‘(d) NO BUFFERS.—The establishment of the Man17 agement Area shall not— 

18 ‘‘(1) create a protective perimeter or buffer 

19 zone around the Management Area; or 

20 ‘‘(2) preclude uses or activities outside the 

21 Management Area that are permitted under other 

22 applicable laws, even if the uses or activities are pro23 hibited within the Management Area. 

24 ‘‘(e) NOTICE OF AVAILABLE ROUTES.—The Sec25 retary shall ensure that visitors to the Management Area 


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1 have access to adequate notice relating to the availability 

2 of designated routes in the Management Area through— 

3 ‘‘(1) the placement of appropriate signage along 

4 the designated routes; 

5 ‘‘(2) the distribution of maps, safety education 

6 materials, and other information that the Secretary 

7 determines to be appropriate; and 

8 ‘‘(3) restoration of areas that are not des9 ignated as open routes, including vertical mulching. 

10 ‘‘(f) STEWARDSHIP.—The Secretary, in consultation 

11 with Indian tribes and other interests, shall develop a pro12 gram to provide opportunities for monitoring and steward13 ship of the Management Area to minimize environmental 

14 impacts and prevent resource damage from recreational 

15 use, including volunteer assistance with— 

16 ‘‘(1) route signage; 

17 ‘‘(2) restoration of closed routes; 

18 ‘‘(3) protection of Management Area resources; 

19 and 

20 ‘‘(4) recreation education. 

21 ‘‘(g) PROTECTION OF TRIBAL CULTURAL RE22 SOURCES.—Not later than 2 years after the date of enact23 ment of this title, the Secretary, in accordance with the 

24 National Historic Preservation Act (16 U.S.C. 470 et 

25 seq.) and any other applicable law, shall— 


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1 ‘‘(1) prepare and complete a tribal cultural re2 sources survey of the Management Area; and 

3 ‘‘(2) consult with the Quechan Indian Nation 

4 and other Indian tribes demonstrating ancestral, cul5 tural, or other ties to the resources within the Man6 agement Area on the development and implementa7 tion of the tribal cultural resources survey under 

8 paragraph (1). 

9 ‘‘SEC. 1604. POTENTIAL WILDERNESS. 

10 ‘‘(a) PROTECTION OF WILDERNESS CHARACTER.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall man12 age the Federal land in the Management Area de13 scribed in paragraph (2) in a manner that preserves 

14 the character of the land for the eventual inclusion 

15 of the land in the National Wilderness Preservation 

16 System. 

17 ‘‘(2) DESCRIPTION OF LAND.—The Federal 

18 land described in this paragraph is— 

19 ‘‘(A) the approximately 9,160 acres of 

20 land, as generally depicted on the map entitled 

21 ‘Indian Pass Wilderness Additions-Proposed’ 

22 and dated November 10, 2009; 

23 ‘‘(B) the approximately 17,436 acres of 

24 land, as generally depicted on the map entitled 


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1 ‘Milpitas Wash Wilderness Area-Proposed’ and 

2 dated November 10, 2009; 

3 ‘‘(C) the approximately 13,647 acres of 

4 land, as generally depicted on the map entitled 

5 ‘Buzzard Peak Wilderness Area-Proposed’ and 

6 dated November 10, 2009; and 

7 ‘‘(D) the approximately 8,090 acres of 

8 land, as generally depicted on the map entitled 

9 ‘Palo Verde Mountain Wilderness Additions10 Proposed’ and dated November 10, 2009. 

11 ‘‘(3) USE OF LAND.— 

12 ‘‘(A) MILITARY USES.—The Secretary 

13 shall manage the Federal land in the Manage14 ment Area described in paragraph (2) in a 

15 manner that is consistent with the Wilderness 

16 Act (16 U.S.C. 1131 et seq.), except that the 

17 Secretary may authorize use of the land by the 

18 Secretary of the Navy for Naval Special War19 fare Tactical Training, including long-range 

20 small unit training and navigation, vehicle con21 cealment, and vehicle sustainment training, in 

22 accordance with applicable Federal laws. 

23 ‘‘(B) PROHIBITED USES.—The following 

24 shall be prohibited on the Federal land de25 scribed in paragraph (2): 


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1 ‘‘(i) Permanent roads. 

2 ‘‘(ii) Commercial enterprises. 

3 ‘‘(iii) Except as necessary to meet the 

4 minimum requirements for the administra5 tion of the Federal land and to protect 

6 public health and safety— 

7 ‘‘(I) the use of mechanized vehi8 cles; and 

9 ‘‘(II) the establishment of tem10 porary roads. 

11 ‘‘(4) WILDERNESS DESIGNATION.— 

12 ‘‘(A) IN GENERAL.—The Federal land de13 scribed in paragraph (2) shall be designated as 

14 wilderness and as a component of the National 

15 Wilderness Preservation System on the date on 

16 which the Secretary, in consultation with the 

17 Secretary of Defense, publishes a notice in the 

18 Federal Register that all activities on the Fed19 eral land that are incompatible with the Wilder20 ness Act (16 U.S.C. 1131 et seq.) have termi21 nated. 

22 ‘‘(B) DESIGNATION.—On designation of 

23 the Federal land under clause (i)— 

24 ‘‘(i) the land described in paragraph 

25 (2)(A) shall be incorporated in, and shall 


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1 be considered to be a part of, the Indian 

2 Pass Wilderness; 

3 ‘‘(ii) the land described in paragraph 

4 (2)(B) shall be designated as the ‘Milpitas 

5 Wash Wilderness’; 

6 ‘‘(iii) the land described in paragraph 

7 (2)(C) shall be designated as the ‘Buzzard 

8 Peak Wilderness’; and 

9 ‘‘(iv) the land described in paragraph 

10 (2)(D) shall be incorporated in, and shall 

11 be considered to be a part of, the Palo 

12 Verde Mountains Wilderness. 

13 ‘‘(b) ADMINISTRATION OF WILDERNESS.—Subject to 

14 valid existing rights, the land designated as wilderness or 

15 as a wilderness addition by this title shall be administered 

16 by the Secretary in accordance with this Act and the Wil17 derness Act (16 U.S.C. 1131 et seq.). 

18 ‘‘TITLE XVII—NATIONAL PARK 

19 SYSTEM ADDITIONS 

20 ‘‘SEC. 1701. DEATH VALLEY NATIONAL PARK BOUNDARY RE21 VISION. 

22 ‘‘(a) IN GENERAL.—The boundary of Death Valley 

23 National Park is adjusted to include— 

24 ‘‘(1) the approximately 33,041 acres of Bureau 

25 of Land Management land abutting the southern 


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1 end of the Death Valley National Park that lies be2 tween Death Valley National Park to the north and 

3 Ft. Irwin Military Reservation to the south and 

4 which runs approximately 34 miles from west to 

5 east, as depicted on the map entitled ‘Death Valley 

6 National Park Proposed Boundary Addition’, num7 bered 143/100,080, and dated June 2009; 

8 ‘‘(2) the approximately 6,379 acres of Bureau 

9 of Land Management land in Inyo County, Cali10 fornia, located in the northeast area of Death Valley 

11 National Park that is within, and surrounded by, 

12 land under the jurisdiction of the Director of the 

13 National Park Service, as depicted on the map enti14 tled ‘Proposed Crater Mine Area Addition to Death 

15 Valley National Park’, numbered 143/100,079, and 

16 dated June 2009; and 

17 ‘‘(3)(A) on transfer of title to the private land 

18 to the National Park Service, the approximately 280 

19 acres of private land in Inyo County, California, lo20 cated adjacent to the southeastern boundary of 

21 Death Valley National Park, as depicted on the map 

22 entitled ‘Proposed Ryan Camp Addition to Death 

23 Valley National Park’, numbered 143/100,097, and 

24 dated June 2009; and 


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1 ‘‘(B) the approximately 1,040 acres of Bureau 

2 of Land Management land contiguous to the private 

3 land described in subparagraph (A), as depicted on 

4 the map entitled ‘Proposed Ryan Camp Addition to 

5 Death Valley National Park’, numbered 143/ 

6 100,097, and dated June 2009. 

7 ‘‘(b) AVAILABILITY OF MAP.—The maps described in 

8 paragraphs (1), (2), and (3) of subsection (a) shall be on 

9 file and available for public inspection in the appropriate 

10 offices of the National Park Service. 

11 ‘‘(c) ADMINISTRATION.—The Secretary of the Inte12 rior (referred to in this section as the ‘Secretary’) shall— 

13 ‘‘(1) administer any land added to Death Valley 

14 National Park under subsection (a)— 

15 ‘‘(A) as part of Death Valley National 

16 Park; and 

17 ‘‘(B) in accordance with applicable laws 

18 (including regulations); and 

19 ‘‘(2) not later than 180 days after the date of 

20 enactment of this title, develop a memorandum of 

21 understanding with Inyo County, California, permit22 ting ongoing access and use to existing gravel pits 

23 along Saline Valley Road within Death Valley Na24 tional Park for road maintenance and repairs in acVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 cordance with applicable laws (including regula2 tions). 

3 ‘‘SEC. 1702. MOJAVE NATIONAL PRESERVE. 

4 ‘‘(a) IN GENERAL.—The boundary of the Mojave Na5 tional Preserve is adjusted to include— 

6 ‘‘(1) the 29,221 acres of Bureau of Land Man7 agement land that is surrounded by the Mojave Na8 tional Preserve to the northwest, west, southwest, 

9 south, and southeast and by the Nevada State line 

10 on the northeast boundary, as depicted on the map 

11 entitled ‘Proposed Castle Mountain Addition to the 

12 Mojave National Preserve’, numbered 170/100,075, 

13 and dated August 2009; and 

14 ‘‘(2) the 25 acres of Bureau of Land Manage15 ment land in Baker, California, as depicted on the 

16 map entitled ‘Mojave National Preserve–Proposed 

17 Boundary Addition’, numbered 170/100,199, and 

18 dated August 2009. 

19 ‘‘(b) AVAILABILITY OF MAPS.—The maps described 

20 in subsection (a) shall be on file and available for public 

21 inspection in the appropriate offices of the National Park 

22 Service. 

23 ‘‘(c) ADMINISTRATION.—The Secretary shall admin24 ister any land added to Mojave National Preserve under 

25 subsection (a)— 


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1 ‘‘(1) as part of the Mojave National Preserve; 

2 and 

3 ‘‘(2) in accordance with applicable laws (includ4 ing regulations). 

5 ‘‘SEC. 1703. JOSHUA TREE NATIONAL PARK BOUNDARY RE6 VISION. 

7 ‘‘(a) IN GENERAL.—The boundary of the Joshua 

8 Tree National Park is adjusted to include the 2,879 acres 

9 of land managed by Director of the Bureau of Land Man10 agement that are contiguous at several different places to 

11 the northern boundaries of Joshua Tree National Park in 

12 the northwest section of the Park, as depicted on the map 

13 entitled ‘Joshua Tree National Park Proposed Boundary 

14 Additions’, numbered 156/100,007, and dated June 2009. 

15 ‘‘(b) AVAILABILITY OF MAP.—The map described in 

16 subsection (a) and the map depicting the 25 acres de17 scribed in subsection (c)(2) shall be on file and available 

18 for public inspection in the appropriate offices of the Na19 tional Park Service. 

20 ‘‘(c) ADMINISTRATION.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall admin22 ister any land added to the Joshua Tree National 

23 Park under subsection (a) and the additional land 

24 described in paragraph (2)— 


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1 ‘‘(A) as part of Joshua Tree National 

2 Park; and 

3 ‘‘(B) in accordance with applicable laws 

4 (including regulations). 

5 ‘‘(2) DESCRIPTION OF ADDITIONAL LAND.—The 

6 additional land referred to in paragraph (1) is the 

7 25 acres of land— 

8 ‘‘(A) depicted on the map entitled ‘Joshua 

9 Tree National Park Boundary Adjustment 

10 Map’, numbered 156/80,049, and dated April 1, 

11 2003; 

12 ‘‘(B) added to Joshua Tree National Park 

13 by the notice of the Department Interior of Au14 gust 28, 2003 (68 Fed. Reg. 51799); and 

15 ‘‘(C) more particularly described as lots 

16 26, 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 

17 8 E., San Bernardino Meridian. 

18 ‘‘SEC. 1704. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘There are authorized to be appropriated such sums 

20 as are necessary to carry out this title. 


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1 ‘‘TITLE XVIII—OFF-HIGHWAY 

2 VEHICLE RECREATION AREAS 

3 ‘‘SEC. 1801. DESIGNATION OF OFF-HIGHWAY VEHICLE 

4 RECREATION AREAS. 

5 ‘‘(a) DESIGNATION.—In accordance with the Federal 

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

7 1701 et seq.) and resource management plans developed 

8 under this title and subject to valid existing rights, the 

9 following land within the Conservation Area in San 

10 Bernardino County, California, is designated as Off-High11 way Vehicle Recreation Areas: 

12 ‘‘(1) EL MIRAGE OFF-HIGHWAY VEHICLE

13 RECREATION AREA.—Certain Bureau of Land Man14 agement land in the Conservation Area, comprising 

15 approximately 25,600 acres, as generally depicted on 

16 the map entitled ‘El Mirage Off-Highway Vehicle 

17 Recreation Area’ and dated July 15, 2009, which 

18 shall be known as the ‘El Mirage Off-Highway Vehi19 cle Recreation Area’. 

20 ‘‘(2) JOHNSON VALLEY OFF-HIGHWAY VEHICLE

21 RECREATION AREA.— 

22 ‘‘(A) IN GENERAL.—Certain Bureau of 

23 Land Management land in the Conservation 

24 Area, comprising approximately 180,000 acres, 

25 as generally depicted on the map entitled ‘JohnVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 son Valley Off-Highway Vehicle Recreation 

2 Area’ and dated July 15, 2009, which shall be 

3 known as the ‘Johnson Valley Off-Highway Ve4 hicle Recreation Area’. 

5 ‘‘(B) EXCLUSIONS.— 

6 ‘‘(i) IN GENERAL.—Subject to clause 

7 (iii), the land described in clause (ii) shall 

8 be excluded from the Johnson Valley Off9 Highway Vehicle Recreation Area to per10 mit the Secretary of the Navy to study the 

11 land for— 

12 ‘‘(I) withdrawal in accordance 

13 with the Act of February 28, 1958 

14 (43 U.S.C. 155 et seq.); and 

15 ‘‘(II) potential inclusion in the 

16 Marine Corps Air Ground Combat 

17 Center at Twentynine Palms, Cali18 fornia, for national defense purposes. 

19 ‘‘(ii) STUDY AREA.—The land referred 

20 to in clause (i) is the land that— 

21 ‘‘(I) is described in— 

22 ‘‘(aa) the notice of the Bu23 reau of Land Management of 

24 September 15, 2008 entitled ‘No25 tice of Proposed Legislative 


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1 Withdrawal and Opportunity for 

2 Public Meeting; California’ (73 

3 Fed. Reg. 53269); or 

4 ‘‘(bb) any subsequent notice 

5 in the Federal Register that is 

6 related to the notice described in 

7 item (aa); and 

8 ‘‘(II) has been segregated by the 

9 Director of the Bureau of Land Man10 agement. 

11 ‘‘(iii) INCORPORATION IN OFF-HIGH12 WAY VEHICLE RECREATION AREA.—After 

13 action by the Secretary of Defense and 

14 Congress regarding the withdrawal under 

15 subparagraph (A), any land within the 

16 study area that is not withdrawn shall be 

17 incorporated into the Johnson Valley Off18 Highway Vehicle Recreation Area. 

19 ‘‘(C) JOINT USE OF CERTAIN LAND.—The 

20 Secretary of Defense shall consider a potential 

21 joint use area within the Johnson Valley Off22 Highway Vehicle Recreation Area as part of the 

23 environmental impact statement of the Depart24 ment of Defense that would allow for continued 


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1 recreational opportunities on the joint use area 

2 during periods in which— 

3 ‘‘(i) the joint use area is not needed 

4 for military training activities; and 

5 ‘‘(ii) public safety can be ensured. 

6 ‘‘(D) MILITARY ACCESS FOR ADMINISTRA7 TIVE PURPOSES.—In cooperation with the Sec8 retary of the Interior, the Secretary of the Navy 

9 may, after notifying the Secretary of the Inte10 rior, access the Johnson Valley Off-Highway 

11 Vehicle Recreation Area for national defense 

12 purposes supporting military training (including 

13 military range management and exercise control 

14 activities). 

15 ‘‘(3) RASOR OFF-HIGHWAY VEHICLE RECRE16 ATION AREA.—Certain Bureau of Land Management 

17 land in the Conservation Area, comprising approxi18 mately 22,400 acres, as generally depicted on the 

19 map entitled ‘Rasor Off-Highway Vehicle Recreation 

20 Area’ and dated July 15, 2009, which shall be 

21 known as the ‘Rasor Off-Highway Vehicle Recre22 ation Area’. 

23 ‘‘(4) SPANGLER HILLS OFF-HIGHWAY VEHICLE

24 RECREATION AREA.—Certain Bureau of Land Man25 agement land in the Conservation Area, comprising 


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1 approximately 62,080 acres, as generally depicted on 

2 the map entitled ‘Spangler Hills Off-Highway Vehi3 cle Recreation Area’ and dated July 15, 2009, which 

4 shall be known as the ‘Spangler Off-Highway Vehi5 cle Recreation Area’. 

6 ‘‘(5) STODDARD VALLEY OFF-HIGHWAY VEHI7 CLE RECREATION AREA.—Certain Bureau of Land 

8 Management land in the Conservation Area, com9 prising approximately 54,400 acres, as generally de10 picted on the map entitled ‘Stoddard Valley Off11 Highway Vehicle Recreation Area’ and dated July 

12 15, 2009, which shall be known as the ‘Stoddard 

13 Valley Off-Highway Vehicle Recreation Area’. 

14 ‘‘(b) PURPOSE.—The purpose of the off-highway ve15 hicle recreation areas designated under subsection (a) is 

16 to preserve and enhance the recreational opportunities 

17 within the Conservation Area (including opportunities for 

18 off-highway vehicle recreation), while conserving the wild19 life and other natural resource values of the Conservation 

20 Area. 

21 ‘‘(c) MAPS AND DESCRIPTIONS.— 

22 ‘‘(1) PREPARATION AND SUBMISSION.—As soon 

23 as practicable after the date of enactment of this 

24 title, the Secretary shall file a map and legal deVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 scription of each off-highway vehicle recreation area 

2 designated by subsection (a) with— 

3 ‘‘(A) the Committee on Natural Resources 

4 of the House of Representatives; and 

5 ‘‘(B) the Committee on Energy and Nat6 ural Resources of the Senate. 

7 ‘‘(2) LEGAL EFFECT.—The map and legal de8 scriptions of the off-highway vehicle recreation areas 

9 filed under paragraph (1) shall have the same force 

10 and effect as if included in this title, except that the 

11 Secretary may correct errors in the map and legal 

12 descriptions. 

13 ‘‘(3) PUBLIC AVAILABILITY.—Each map and 

14 legal description filed under paragraph (1) shall be 

15 filed and made available for public inspection in the 

16 appropriate offices of the Bureau of Land Manage17 ment. 

18 ‘‘(d) USE OF THE LAND.— 

19 ‘‘(1) RECREATIONAL ACTIVITIES.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 continue to authorize, maintain, and enhance 

22 the recreational uses of the off-highway vehicle 

23 recreation areas designated by subsection (a), 

24 including off-highway recreation, hiking, camp25 ing, hunting, mountain biking, sightseeing, 


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1 rockhounding, and horseback riding, as long as 

2 the recreational use is consistent with this sec3 tion and any other applicable law. 

4 ‘‘(B) OFF-HIGHWAY VEHICLE AND OFF5 HIGHWAY RECREATION.—To the extent con6 sistent with applicable Federal law (including 

7 regulations) and this section, any authorized 

8 recreation activities and use designations in ef9 fect on the date of enactment of this title and 

10 applicable to the off-highway vehicle recreation 

11 areas designated by subsection (a) shall con12 tinue, including casual off-highway vehicular 

13 use, racing, competitive events, rock crawling, 

14 training, and other forms of off-highway recre15 ation. 

16 ‘‘(2) WILDLIFE GUZZLERS.—Wildlife guzzlers 

17 shall be allowed in the off-highway vehicle recreation 

18 areas designated by subsection (a) in accordance 

19 with applicable Bureau of Land Management guide20 lines. 

21 ‘‘(3) PROHIBITED USES.—Residential and com22 mercial development (including development of min23 ing and energy facilities, but excluding transmission 

24 line rights-of-way and related telecommunication fa25 cilities) shall be prohibited in the off-highway vehicle 


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1 recreation areas designated by subsection (a) if the 

2 Secretary determines that the development is incom3 patible with the purpose described in subsection (b). 

4 ‘‘(e) ADMINISTRATION.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall admin6 ister the off-highway vehicle recreation areas des7 ignated by subsection (a) in accordance with— 

8 ‘‘(A) this title; 

9 ‘‘(B) the Federal Land Policy and Man10 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

11 and 

12 ‘‘(C) any other applicable laws (including 

13 regulations). 

14 ‘‘(2) MANAGEMENT PLAN.— 

15 ‘‘(A) IN GENERAL.—As soon as prac16 ticable, but not later than 3 years after the date 

17 of enactment of this title, the Secretary shall— 

18 ‘‘(i) amend existing resource manage19 ment plans applicable to the land des20 ignated as off-highway vehicle recreation 

21 areas under subsection (a); or 

22 ‘‘(ii) develop new management plans 

23 for each off-highway vehicle recreation 

24 area designated under that subsection. 


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1 ‘‘(B) REQUIREMENTS.—All new or amend2 ed plans under subparagraph (A) shall be de3 signed to preserve and enhance safe off-highway 

4 vehicle and other recreational opportunities 

5 within the applicable recreation area consistent 

6 with— 

7 ‘‘(i) the purpose described in sub8 section (b); and 

9 ‘‘(ii) any applicable laws (including 

10 regulations). 

11 ‘‘(C) INTERIM PLANS.—Pending comple12 tion of a new management plan under subpara13 graph (A), the existing resource management 

14 plans shall govern the use of the applicable off15 highway vehicle recreation area. 

16 ‘‘(f) STUDY.— 

17 ‘‘(1) IN GENERAL.—As soon as practicable, but 

18 not later than 2 years, after the date of enactment 

19 of this title, the Secretary shall complete a study to 

20 identify Bureau of Land Management land adjacent 

21 to the off-highway vehicle recreation areas des22 ignated by subsection (a) that is suitable for addi23 tion to the off-highway vehicle recreation areas. 

24 ‘‘(2) REQUIREMENTS.—In preparing the study 

25 under paragraph (1), the Secretary shall— 


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1 ‘‘(A) seek input from stakeholders, includ2 ing— 

3 ‘‘(i) the State; 

4 ‘‘(ii) San Bernardino County, Cali5 fornia; 

6 ‘‘(iii) the public; 

7 ‘‘(iv) recreational user groups; and 

8 ‘‘(v) conservation organizations; 

9 ‘‘(B) explore the feasibility of expanding 

10 the southern boundary of the off-highway vehi11 cle recreation area described in subsection 

12 (a)(4) to include previously disturbed land; 

13 ‘‘(C) identify and exclude from consider14 ation any land that— 

15 ‘‘(i) is managed for conservation pur16 poses; 

17 ‘‘(ii) may be suitable for renewable en18 ergy development; or 

19 ‘‘(iii) may be necessary for energy 

20 transmission; and 

21 ‘‘(D) not recommend or approve expansion 

22 areas that collectively would exceed the total 

23 acres administratively designated for off-high24 way recreation within the Conservation Area as 

25 of the date of enactment of this title. 


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1 ‘‘(3) APPLICABLE LAW.—The Secretary shall 

2 consider the information and recommendations of 

3 the study completed under paragraph (1) to deter4 mine the impacts of expanding off-highway vehicle 

5 recreation areas designated by subsection (a) on the 

6 Conservation Area, in accordance with— 

7 ‘‘(A) the National Environmental Policy 

8 Act of 1969 (42 U.S.C. 4321 et seq.); 

9 ‘‘(B) the Endangered Species Act of 1973 

10 (16 U.S.C. 1531 et seq.); and 

11 ‘‘(C) any other applicable law. 

12 ‘‘(4) SUBMISSION TO CONGRESS.—On comple13 tion of the study under paragraph (1), the Secretary 

14 shall submit the study to— 

15 ‘‘(A) the Committee on Natural Resources 

16 of the House of Representatives; and 

17 ‘‘(B) the Committee on Energy and Nat18 ural Resources of the Senate. 

19 ‘‘(5) AUTHORIZATION FOR EXPANSION.— 

20 ‘‘(A) IN GENERAL.—On completion of the 

21 study under paragraph (1) and in accordance 

22 with all applicable laws (including regulations), 

23 the Secretary shall authorize the expansion of 

24 the off-highway vehicle recreation areas rec25 ommended under the study. 


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1 ‘‘(B) MANAGEMENT.—Any land within the 

2 expanded areas under subparagraph (A) shall 

3 be managed in accordance with this section. 

4 ‘‘TITLE XIX—MISCELLANEOUS 

5 ‘‘SEC. 1901. STATE LAND TRANSFERS AND EXCHANGES. 

6 ‘‘(a) TRANSFER OF LAND TO ANZA-BORREGO

7 DESERT STATE PARK.— 

8 ‘‘(1) IN GENERAL.—On termination of all min9 ing claims to the land described in paragraph (2), 

10 the Secretary shall transfer the land described in 

11 that paragraph to the State. 

12 ‘‘(2) DESCRIPTION OF LAND.—The land re13 ferred to in paragraph (1) is certain Bureau of Land 

14 Management land in San Diego County, California, 

15 comprising approximately 934 acres, as generally de16 picted on the 2 maps entitled ‘Anza-Borrego Desert 

17 State Park Additions-Table Mountain Wilderness 

18 Study Area’ and dated July 15, 2009. 

19 ‘‘(3) MANAGEMENT.— 

20 ‘‘(A) IN GENERAL.—The land transferred 

21 under paragraph (1) shall be managed in ac22 cordance with the provisions of the California 

23 Wilderness Act (California Public Resources 

24 Code sections 5093.30–5093.40). 


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1 ‘‘(B) WITHDRAWAL.—Subject to valid ex2 isting rights, the land transferred under para3 graph (1) is withdrawn from— 

4 ‘‘(i) all forms of entry, appropriation, 

5 or disposal under the public land laws; 

6 ‘‘(ii) location, entry, and patent under 

7 the mining laws; and 

8 ‘‘(iii) disposition under all laws relat9 ing to mineral and geothermal leasing. 

10 ‘‘(C) REVERSION.—If the State ceases to 

11 manage the land transferred under paragraph 

12 (1) as part of the State Park System or in a 

13 manner inconsistent with the California Wilder14 ness Act (California Public Resources Code sec15 tions 5093.30–5093.40), the land shall revert to 

16 the Secretary, to be managed as a Wilderness 

17 Study Area. 

18 ‘‘(b) LAND EXCHANGES.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall, in con20 sultation and cooperation with the California State 

21 Lands Commission (referred to in this section as the 

22 ‘Commission’), develop a process to exchange iso23 lated parcels of State land within the Conservation 

24 Area for Federal land located in the Conservation 

25 Area or other Federal land in the State that— 


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1 ‘‘(A) is consistent with the plans described 

2 in paragraph (2); and 

3 ‘‘(B) ensures that the conservation goals 

4 and objectives identified in those plans are not 

5 adversely impacted. 

6 ‘‘(2) DESCRIPTION OF PLANS.—The plans re7 ferred to in paragraph (1) are— 

8 ‘‘(A) the California Desert Renewable En9 ergy Conservation Plan; 

10 ‘‘(B) the California Desert Conservation 

11 Area Plan; 

12 ‘‘(C) the Northern and Eastern Colorado 

13 Desert Plan; and 

14 ‘‘(D) any other applicable plans. 

15 ‘‘(3) REQUIREMENTS.—The process developed 

16 under paragraph (1) shall— 

17 ‘‘(A) apply to all State land within the 

18 Conservation Area that is under the jurisdiction 

19 of the Commission; 

20 ‘‘(B) prioritize the elimination of State 

21 land from units of the National Park System, 

22 national monuments, and wilderness areas; 

23 ‘‘(C) provide the Commission with consoli24 dated land holdings sufficient to make the land 

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1 ing renewable energy development, off-highway 

2 vehicle recreation, or State infrastructure or re3 source needs; 

4 ‘‘(D) establish methods to ensure that— 

5 ‘‘(i) not later than 1 year after the 

6 date of enactment of this title, the Sec7 retary and the Commission complete an in8 ventory of Federal land and State land in 

9 the Conservation Area under the jurisdic10 tion of the Secretary and the Commission, 

11 respectively, and any other Federal land 

12 and property outside the Conservation 

13 Area that is determined to be suitable for 

14 exchange consistent with paragraph (1); 

15 ‘‘(ii) there is a public comment period 

16 of not less than 90 days with respect to— 

17 ‘‘(I) the inventory of land under 

18 clause (i); and 

19 ‘‘(II) any proposed land exchange 

20 under this section that involves more 

21 than 5,000 acres of Federal land; 

22 ‘‘(iii) in preparing the inventory of 

23 Federal land suitable for exchange under 

24 clause (i), the Secretary shall use best ef25 forts to give priority to— 


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1 ‘‘(I) land that has the potential 

2 for commercial development, including 

3 renewable energy development, such 

4 as wind and solar energy development; 

5 ‘‘(II) the land described in sec6 tion 707(b)(2); and 

7 ‘‘(III) land located outside the 

8 boundaries of the Conservation Area 

9 (including closed military base land 

10 and land identified as surplus by the 

11 Administrator of the General Services 

12 Administration) to avoid, to the max13 imum extent feasible, conflicts with 

14 conservation of desert land; 

15 ‘‘(iv) the inventory under clause (i) is 

16 updated annually by the Secretary and re17 submitted to the Commission; and 

18 ‘‘(v) the land exchanges are completed 

19 by the date that is 10 years after the date 

20 of enactment of this title; and 

21 ‘‘(E) provide for the submission of annual 

22 reports to Congress that— 

23 ‘‘(i) describe any progress or impedi24 ments to accomplishing the goal described 

25 in subparagraph (D)(v); and 


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1 ‘‘(ii) any recommendations for legisla2 tion to accomplish the goal. 

3 ‘‘(4) VALUATION.—Notwithstanding paragraphs 

4 (2) through (5) of subsection (d) of section 206 of 

5 the Federal Land Policy and Management Act of 

6 1976 (43 U.S.C. 1716(d)), if, within 180 days after 

7 the submission of an appraisal under subsection 

8 (d)(1) of that section, the Secretary and the Com9 mission cannot agree to accept the findings of the 

10 appraisal— 

11 ‘‘(A) the Secretary and the Commission 

12 shall mutually agree to employ a process of bar13 gaining or some other process to determine the 

14 values of the land involved in the exchange; 

15 ‘‘(B) the appraisal shall be submitted to an 

16 arbiter appointed by the Secretary from a list 

17 of arbitrators submitted to the Secretary by the 

18 American Arbitration Association for arbitra19 tion; and 

20 ‘‘(C) although the decision of the arbiter 

21 under subparagraph (B) shall be nonbinding, 

22 the decision may be used by the Secretary and 

23 the Commission as a valid appraisal for— 

24 ‘‘(i) a period of 2 years; and 


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1 ‘‘(ii) on mutual agreement of the Sec2 retary and the Commission, an additional 

3 2-year period; or 

4 ‘‘(D) on mutual agreement of the Sec5 retary and the Commission, the valuation proc6 ess shall be suspended or modified. 

7 ‘‘(5) TREATMENT OF LAND USE RESTRICTIONS

8 AND PENDING APPLICATIONS.—For the purposes of 

9 this title— 

10 ‘‘(A) the Secretary shall not exclude par11 cels from exchanges because the parcels are 

12 subject to designations or pending land use ap13 plications, including applications for the devel14 opment of renewable energy; 

15 ‘‘(B) all Federal land and State land pro16 posed for exchange or sale shall be valued— 

17 ‘‘(i) according to fair market value; 

18 ‘‘(ii) in accordance with section 

19 206(d) of the Federal Land Policy and 

20 Management Act of 1976 (43 U.S.C. 

21 1716(d)); and 

22 ‘‘(iii) without regard to— 

23 ‘‘(I) pending land use applica24 tions; 


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1 ‘‘(II) renewable energy designa2 tions; or 

3 ‘‘(III) any land use restrictions 

4 on adjacent land. 

5 ‘‘(6) COOPERATION AGREEMENTS.—The Sec6 retary may— 

7 ‘‘(A) enter into such joint agreements with 

8 the General Services Administration and the 

9 Commission as the Secretary determines to be 

10 necessary to facilitate land exchanges, including 

11 agreements that establish accounting mecha12 nisms— 

13 ‘‘(i) to be used for tracking the dif14 ferential in dollar value of land conveyed in 

15 a series of transactions; and 

16 ‘‘(ii) that, notwithstanding part 2200 

17 of title 43, Code of Federal Regulations (or 

18 successor regulations), may carry out19 standing cumulative credit balances until 

20 the completion of the land exchange proc21 ess developed under paragraph (1); and 

22 ‘‘(B) to the extent that the agreement does 

23 not conflict with this section, continue using the 

24 agreement entitled ‘Memorandum of Agreement 

25 Between California State Lands Commission, 


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1 General Services Administration, and the De2 partment of the Interior Regarding: Implemen3 tation of the California Desert Protection Act’, 

4 which became effective on November 7, 1995. 

5 ‘‘(7) EXISTING LAW.—Except as otherwise pro6 vided in this section, nothing in this section super7 sede or limits section 707. 

8 ‘‘(8) STATE LAND LEASES.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 manage any State land described in subpara11 graph (B) in accordance with the terms and 

12 conditions of the applicable State lease agree13 ment for the duration of the lease, subject to 

14 applicable laws (including regulations). 

15 ‘‘(B) DESCRIPTION OF STATE LAND.—The 

16 State land referred to in subparagraph (A) is 

17 any State land within the Conservation Area 

18 that is subject to a lease or permit on the date 

19 of enactment of this title that is transferred to 

20 the Federal Government. 

21 ‘‘(C) EXPIRATION OF LEASE.—On the ex22 piration of a State lease referred to in subpara23 graph (A), the Secretary shall provide lessees 

24 with the opportunity to seek Federal permits to 

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1 out further action otherwise required under the 

2 National Environmental Policy Act of 1969 (42 

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

4 ‘‘(D) APPLICABLE LAW.—Except as other5 wise provided in this section, any State land 

6 transferred to the United States under this sec7 tion shall be managed in accordance with all 

8 laws (including regulations) and rules applicable 

9 to the public land adjacent to the transferred 

10 State land. 

11 ‘‘(c) TWENTYNINE PALMS MARINE CORP BASE.— 

12 ‘‘(1) IN GENERAL.—The Secretary and the Sec13 retary of Defense, in consultation and in cooperation 

14 with the California State Lands Commission, shall 

15 develop a process to purchase or exchange parcels of 

16 State land within the area of expansion and land use 

17 restrictions planned for the Twentynine Palms Ma18 rine Corp Base. 

19 ‘‘(2) REQUIREMENTS.—The process developed 

20 under paragraph (1) for exchanged parcels of State 

21 land shall provide the California State Lands Com22 mission with consolidated land holdings sufficient to 

23 make the land viable for commercial or recreational 

24 uses, including renewable energy development, offVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 highway vehicle recreation, or State infrastructure 

2 or resource needs. 

3 ‘‘(3) APPLICABLE LAW.—An exchange of land 

4 under this subsection shall be subject to the require5 ments of subsection (b). 

6 ‘‘(d) HOLTVILLE AIRPORT, IMPERIAL COUNTY.— 

7 ‘‘(1) IN GENERAL.—On the submission of an 

8 application by Imperial County, California, the Sec9 retary of Transportation shall, in accordance with 

10 section 47125 of title 49, United States Code, and 

11 section 2641.1 of title 43, Code of Federal Regula12 tions (or successor regulations) seek a conveyance 

13 from the Secretary of approximately 3,500 acres of 

14 Bureau of Land Management land adjacent to the 

15 Imperial County Holtville Airport (L04) for the pur16 poses of airport expansion. 

17 ‘‘(2) SEGREGATION.—The Secretary (acting 

18 through the Director of the Bureau of Land Man19 agement) shall, with respect to the land to be con20 veyed under paragraph (1)— 

21 ‘‘(A) segregate the land; and 

22 ‘‘(B) prohibit the appropriation of the land 

23 until— 

24 ‘‘(i) the date on which a notice of re25 alty action terminates the application; or 


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1 ‘‘(ii) the date on which a document of 

2 conveyance is published. 

3 ‘‘(e) NEEDLES SOLAR RESERVE, SAN BERNARDINO

4 COUNTY.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall grant 

6 to the Commission a right of first refusal to ex7 change the State land described in paragraph (2) for 

8 Bureau of Land Management land identified for dis9 posal. 

10 ‘‘(2) SECONDARY RIGHT OF REFUSAL.—If the 

11 Commission declines to exchange State land for Bu12 reau of Land Management land identified for dis13 posal within the city limits of Needles, California, 

14 the City of Needles shall have a secondary right of 

15 refusal to acquire the land. 

16 ‘‘SEC. 1902. MILITARY ACTIVITIES. 

17 ‘‘Nothing in this Act— 

18 ‘‘(1) restricts or precludes Department of De19 fense motorized access by land or air— 

20 ‘‘(A) to respond to an emergency within a 

21 wilderness area designated by this Act; or 

22 ‘‘(B) to control access to the emergency 

23 site; 


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1 ‘‘(2) prevents nonmechanized military training 

2 activities previously conducted on wilderness areas 

3 designated by this title that are consistent with— 

4 ‘‘(A) the Wilderness Act (16 U.S.C. 1131 

5 et seq.); and 

6 ‘‘(B) all applicable laws (including regula7 tions); 

8 ‘‘(3) restricts or precludes low-level overflights 

9 of military aircraft over the areas designated as wil10 derness, national monuments, special management 

11 areas, or recreation areas by this Act, including mili12 tary overflights that can be seen or heard within the 

13 designated areas; 

14 ‘‘(4) restricts or precludes flight testing and 

15 evaluation in the areas described in paragraph (3); 

16 or 

17 ‘‘(5) restricts or precludes the designation or 

18 creation of new units of special use airspace, or the 

19 establishment of military flight training routes, over 

20 the areas described in paragraph (3). 

21 ‘‘SEC. 1903. CLIMATE CHANGE AND WILDLIFE CORRIDORS. 

22 ‘‘(a) IN GENERAL.—The Secretary shall— 

23 ‘‘(1) assess the impacts of climate change on 

24 the Conservation Area; and 


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1 ‘‘(2) establish policies and procedures to ensure 

2 the preservation of wildlife corridors and facilitate 

3 species migration likely to occur due to climate 

4 change. 

5 ‘‘(b) STUDY.— 

6 ‘‘(1) IN GENERAL.—As soon as practicable, but 

7 not later than 2 years, after the date of enactment 

8 of this title, the Secretary shall complete a study re9 garding the impact of global climate change on the 

10 Conservation Area. 

11 ‘‘(2) COMPONENTS.—The study under para12 graph (1) shall— 

13 ‘‘(A) identify the species migrating, or like14 ly to migrate, due to climate change; 

15 ‘‘(B) examine the impacts and potential 

16 impacts of climate change on— 

17 ‘‘(i) plants, insects, and animals; 

18 ‘‘(ii) soil; 

19 ‘‘(iii) air quality; 

20 ‘‘(iv) water quality and quantity; and 

21 ‘‘(v) species migration and survival; 

22 ‘‘(C) identify critical wildlife and species 

23 migration corridors recommended for preserva24 tion; and 


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1 ‘‘(D) include recommendations for ensur2 ing the biological connectivity of public land 

3 managed by the Secretary and the Secretary of 

4 Defense throughout the Conservation Area. 

5 ‘‘(3) RIGHTS-OF-WAY.—The Secretary shall 

6 consider the information and recommendations of 

7 the study under paragraph (1) to determine the in8 dividual and cumulative impacts of rights-of-way for 

9 projects in the Conservation Area, in accordance 

10 with— 

11 ‘‘(A) the National Environmental Policy 

12 Act of 1969 (42 U.S.C. 4321 et seq.); 

13 ‘‘(B) the Endangered Species Act of 1973 

14 (16 U.S.C. 1531 et seq.); and 

15 ‘‘(C) any other applicable law. 

16 ‘‘(c) LAND MANAGEMENT PLANS.—The Secretary 

17 shall incorporate into all land management plans applica18 ble to the Conservation Area the findings and rec19 ommendations of the study completed under subsection 

20 (b). 

21 ‘‘SEC. 1904. PROHIBITED USES OF DONATED AND AC22 QUIRED LAND. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) ACQUIRED LAND.—The term ‘acquired 

25 land’ means any land acquired for the Conservation 


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1 Area using amounts from the Land and Water Con2 servation Fund established under section 2 of the 

3 Land and Water Conservation Fund Act of 1965 

4 (16 U.S.C. 460l–5). 

5 ‘‘(2) DONATED LAND.—The term ‘donated 

6 land’ means any private land donated to the United 

7 States for conservation purposes in the Conservation 

8 Area. 

9 ‘‘(3) DONOR.—The term ‘donor’ means an indi10 vidual or entity that donates private land within the 

11 Conservation Area to the United States. 

12 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

13 the Secretary of the Interior, acting through the Di14 rector of the Bureau of Land Management. 

15 ‘‘(b) PROHIBITIONS.—Except as provided in sub16 section (c), there shall be prohibited with respect to do17 nated land or acquired land— 

18 ‘‘(1) disposal; or 

19 ‘‘(2) any land use authorization that would re20 sult in appreciable damage or disturbance to the 

21 public lands, including— 

22 ‘‘(A) rights-of-way; 

23 ‘‘(B) leases; 

24 ‘‘(C) livestock grazing; 

25 ‘‘(D) infrastructure development; 


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1 ‘‘(E) mineral entry; 

2 ‘‘(F) off-highway vehicle use, except on— 

3 ‘‘(i) designated routes; 

4 ‘‘(ii) off-highway vehicle areas des5 ignated by law; and 

6 ‘‘(iii) administratively-designated open 

7 areas; and 

8 ‘‘(G) any other activities that would create 

9 impacts contrary to the conservation purposes 

10 for which the land was donated or acquired. 

11 ‘‘(c) EXCEPTIONS.— 

12 ‘‘(1) AUTHORIZATION BY SECRETARY.—Subject 

13 to paragraph (2), the Secretary may authorize lim14 ited exceptions to prohibited uses of donated land or 

15 acquired land in the Conservation Area if— 

16 ‘‘(A) an applicant has submitted a right-of17 way use application to the Bureau of Land 

18 Management proposing renewable energy devel19 opment on the donated land or acquired land on 

20 or before December 1, 2009; or 

21 ‘‘(B) after the completion of an analysis 

22 under the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.), including full 

24 public participation in the analysis, the Sec25 retary has determined that— 


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1 ‘‘(i) the use of the donated land or ac2 quired land is in the public interest; 

3 ‘‘(ii) the impacts of the use are fully 

4 and appropriately mitigated; and 

5 ‘‘(iii) the land was donated or ac6 quired on or before December 1, 2009. 

7 ‘‘(2) CONDITIONS.— 

8 ‘‘(A) IN GENERAL.—If the Secretary 

9 grants an exception to the prohibition under 

10 paragraph (1), the Secretary shall require the 

11 permittee to acquire and donate comparable 

12 private land to the United States to mitigate 

13 the use. 

14 ‘‘(B) APPROVAL.—The private land to be 

15 donated under subparagraph (A) shall be ap16 proved by the Secretary after consultation, to 

17 the maximum extent practicable, with the donor 

18 of the private land proposed for non-conserva19 tion uses. 

20 ‘‘(d) EXISTING AGREEMENTS.—Nothing in this sec21 tion affects permitted or prohibited uses of donated land 

22 or acquired land in the Conservation Area established in 

23 any easements, deed restrictions, memoranda of under24 standing, or other agreements in existence on the date of 

25 enactment of this title. 


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1 ‘‘(e) DEED RESTRICTIONS.—The Secretary may ac2 cept deed restrictions requested by donors for land do3 nated to the United States within the Conservation Area 

4 after the date of enactment of this title. 

5 ‘‘SEC. 1905. TRIBAL USES AND INTERESTS. 

6 ‘‘(a) ACCESS.—The Secretary shall ensure access to 

7 areas designated under this Act by members of Indian 

8 tribes for traditional cultural and religious purposes, con9 sistent with applicable law, including Public Law 95–341 

10 (commonly known as the ‘‘American Indian Religious 

11 Freedom Act’’) (42 U.S.C. 1996). 

12 ‘‘(b) TEMPORARY CLOSURE.— 

13 ‘‘(1) IN GENERAL.—In accordance with applica14 ble law, including Public Law 95–341 (commonly 

15 known as the ‘‘American Indian Religious Freedom 

16 Act’’) (42 U.S.C. 1996), and subject to paragraph 

17 (2), the Secretary, on request of an Indian tribe or 

18 Indian religious community, shall temporarily close 

19 to general public use any portion of an area des20 ignated as a national monument, special manage21 ment area, wild and scenic river, or National Park 

22 System unit under this Act (referred to in this sub23 section as a ‘designated area’) to protect the privacy 

24 of traditional cultural and religious activities in the 


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1 designated area by members of the Indian tribe or 

2 Indian religious community. 

3 ‘‘(2) LIMITATION.—In closing a portion of a 

4 designated area under paragraph (1), the Secretary 

5 shall limit the closure to the smallest practicable 

6 area for the minimum period necessary for the tradi7 tional cultural and religious activities. 

8 ‘‘(c) TRIBAL CULTURAL RESOURCES MANAGEMENT

9 PLAN.— 

10 ‘‘(1) IN GENERAL.—Not later than 2 years 

11 after the date of enactment of this title, the Sec12 retary of the Interior shall develop and implement a 

13 tribal cultural resources management plan to iden14 tify, protect, and conserve cultural resources of In15 dian tribes associated with the Xam Kwatchan Trail 

16 network extending from Avikwaame (Spirit Moun17 tain, Nevada) to Avikwlal (Pilot Knob, California). 

18 ‘‘(2) CONSULTATION.—The Secretary shall con19 sult on the development and implementation of the 

20 tribal cultural resources management plan under 

21 paragraph (1) with— 

22 ‘‘(A) each of— 

23 ‘‘(i) the Chemehuevi Indian Tribe; 

24 ‘‘(ii) the Hualapai Tribal Nation; 

25 ‘‘(iii) the Fort Mojave Indian Tribe; 


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1 ‘‘(iv) the Colorado River Indian 

2 Tribes; 

3 ‘‘(v) the Quechan Indian Tribe; and 

4 ‘‘(vi) the Cocopah Indian Tribe; and 

5 ‘‘(B) the Advisory Council on Historic 

6 Preservation. 

7 ‘‘(3) RESOURCE PROTECTION.—The tribal cul8 tural resources management plan developed under 

9 paragraph (1) shall be— 

10 ‘‘(A) based on a completed tribal cultural 

11 resources survey; and 

12 ‘‘(B) include procedures for identifying, 

13 protecting, and preserving petroglyphs, ancient 

14 trails, intaglios, sleeping circles, artifacts, and 

15 other resources of cultural, archaeological, or 

16 historical significance in accordance with all ap17 plicable laws and policies, including— 

18 ‘‘(i) the National Historic Preserva19 tion Act (16 U.S.C. 470 et seq.); 

20 ‘‘(ii) Public Law 95–341 (commonly 

21 known as the ‘American Indian Religious 

22 Freedom Act’) (42 U.S.C. 1996); 

23 ‘‘(iii) the Archaeological Resources 

24 Protection Act of 1979 (16 U.S.C. 470aa 

25 et seq.); 


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1 ‘‘(iv) the Native American Graves 

2 Protection and Repatriation Act (25 

3 U.S.C. 3001 et seq.); and 

4 ‘‘(v) Public Law 103–141 (commonly 

5 known as the ‘Religious Freedom Restora6 tion Act of 1993’) (42 U.S.C. 2000bb et 

7 seq.). 

8 ‘‘(d) WITHDRAWAL.—Subject to valid existing rights, 

9 all Federal land within the area administratively with10 drawn and known as the ‘Indian Pass Withdrawal Area’ 

11 is permanently withdrawn from— 

12 ‘‘(1) all forms of entry, appropriation, or dis13 posal under the public laws; 

14 ‘‘(2) location, entry, and patent under the min15 ing laws; and 

16 ‘‘(3) right-of-way leasing and disposition under 

17 all laws relating to mineral, solar, wind, and geo18 thermal energy.’’. 

19 (b) CONFORMING AMENDMENTS.— 

20 (1) SHORT TITLE.—Section 1 of the California 

21 Desert Protection Act of 1994 (16 U.S.C. 410aaa 

22 note) is amended by striking ‘‘1 and 2, and titles I 

23 through IX’’ and inserting ‘‘1, 2, and 3, titles I 

24 through IX, and titles XIII through XIX’’. 


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1 (2) DEFINITIONS.—The California Desert Pro2 tection Act of 1994 (Public Law 103–433; 108 Stat. 

3 4481) is amended by inserting after section 2 the 

4 following: 

5 ‘‘SEC. 3. DEFINITIONS. 

6 ‘‘In titles XIII through XIX: 

7 ‘‘(1) CONSERVATION AREA.—The term ‘Con8 servation Area’ means the California Desert Con9 servation Area. 

10 ‘‘(2) SECRETARY.—The term ‘Secretary’ 

11 means— 

12 ‘‘(A) with respect to land under the juris13 diction of the Secretary of the Interior, the Sec14 retary of the Interior; and 

15 ‘‘(B) with respect to land under the juris16 diction of the Secretary of Agriculture, the Sec17 retary of Agriculture. 

18 ‘‘(3) STATE.—The term ‘State’ means the State 

19 of California.’’. 

20 (3) ADMINISTRATION OF WILDERNESS

21 AREAS.—Section 103 of the California Desert Pro22 tection Act of 1994 (Public Law 103–433; 108 Stat. 

23 4481) is amended— 

24 (A) by striking subsection (d) and insert25 ing the following: 


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1 ‘‘(d) NO BUFFER ZONES.— 

2 ‘‘(1) IN GENERAL.—Congress does not intend 

3 for the designation of wilderness areas by this Act— 

4 ‘‘(A) to require the additional regulation of 

5 land adjacent to the wilderness areas; or 

6 ‘‘(B) to lead to the creation of protective 

7 perimeters or buffer zones around the wilder8 ness areas. 

9 ‘‘(2) NONWILDERNESS ACTIVITIES.—Any non10 wilderness activities (including renewable energy 

11 projects, mining, camping, hunting, and military ac12 tivities) in areas immediately adjacent to the bound13 ary of a wilderness area designated by this Act shall 

14 not be restricted or precluded by this Act, regardless 

15 of any actual or perceived negative impacts of the 

16 nonwilderness activities on the wilderness area, in17 cluding any potential indirect impacts of nonwilder18 ness activities conducted outside the designated wil19 derness area on the viewshed, ambient noise level, or 

20 air quality of wilderness area.’’; 

21 (B) in subsection (f), by striking ‘‘des22 ignated by this title and’’ inserting ‘‘, potential 

23 wilderness areas, special management areas, 

24 and national monuments designated by this title 

25 or titles XIII through XIX’’; and 


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1 (C) in subsection (g), by inserting ‘‘, a po2 tential wilderness area, a special management 

3 areas, or national monument’’ before ‘‘by this 

4 Act’’. 

5 (4) MOJAVE NATIONAL PRESERVE.—Title V of 

6 the California Desert Protection Act of 1994 (16 

7 U.S.C. 410aaa–41 et seq.) is amended by adding at 

8 the end the following: 

9 ‘‘SEC. 520. NATIVE GROUNDWATER SUPPLIES. 

10 ‘‘The Director of the Bureau of Land Management 

11 shall not access or process any application for a right-of12 way for development projects that propose to use native 

13 groundwater from aquifers adjacent to the Mojave Na14 tional Preserve that individually or collectively, in com15 bination with proposed or anticipated projects on private 

16 land, require the use of native groundwater in excess of 

17 the estimated recharge rate as determined by the United 

18 States Geological Survey.’’. 

19 (5) AMENDMENTS TO THE CALIFORNIA MILI20 TARY LANDS WITHDRAWAL AND OVERFLIGHTS ACT

21 OF 1994.— 

22 (A) FINDINGS.—Section 801(b)(2) of the 

23 California Military Lands Withdrawal and 

24 Overflights Act of 1994 (16 U.S.C. 410aaa–82 

25 note) is amended by inserting ‘‘, national monuVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 ments, special management areas, potential wil2 derness areas,’’ before ‘‘and wilderness areas’’. 

3 (B) OVERFLIGHTS; SPECIAL AIRSPACE.— 

4 Section 802 of the California Military Lands 

5 Withdrawal and Overflights Act of 1994 (16 

6 U.S.C. 410aaa–82) is amended— 

7 (i) in subsection (a), by inserting ‘‘, 

8 national monuments, or special manage9 ment areas’’ before ‘‘designated by this 

10 Act’’; 

11 (ii) in subsection (b), by inserting ‘‘, 

12 national monuments, or special manage13 ment areas’’ before ‘‘designated by this 

14 Act’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(d) DEPARTMENT OF DEFENSE FACILITIES.— 

18 Nothing in this Act alters any authority of the Secretary 

19 of Defense to conduct military operations at installations 

20 and ranges within the California Desert Conservation 

21 Area that are authorized under any other provision of 

22 law.’’. 

23 SEC. 102. DESIGNATION OF WILD AND SCENIC RIVERS. 

24 Section 3(a) of the Wild and Scenic Rivers Act (16 

25 U.S.C. 1274(a)) is amended— 


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1 (1) in paragraph (196), by striking subpara2 graph (A) and inserting the following: 

3 ‘‘(A)(i) The approximately 1.4-mile seg4 ment of the Amargosa River in the State of 

5 California, from the private property boundary 

6 in sec. 19, T. 22 N., R. 7 E., to 100 feet down7 stream of Highway 178, to be administered by 

8 the Secretary of the Interior as a scenic river 

9 as an addition to the Amargosa Wild and Sce10 nic River on publication by the Secretary of the 

11 Interior of a notice in the Federal Register that 

12 sufficient inholdings within the boundaries of 

13 the segment have been acquired as scenic ease14 ments or in fee title to establish a manageable 

15 addition to the Amargosa Wild and Scenic 

16 River. 

17 ‘‘(ii) The approximately 6.1-mile segment 

18 of the Amargosa River in the State of Cali19 fornia, from 100 feet downstream of the State 

20 Highway 178 crossing to 100 feet upstream of 

21 the Tecopa Hot Springs Road crossing, to be 

22 administered by the Secretary of the Interior as 

23 a scenic river.’’; and 

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


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1 ‘‘(208) SURPRISE CANYON CREEK, CALI2 FORNIA.— 

3 ‘‘(A) IN GENERAL.—The following seg4 ments of Surprise Canyon Creek in the State of 

5 California, to be administered by the Secretary 

6 of the Interior: 

7 ‘‘(i) The approximately 5.3 miles of 

8 Surprise Canyon Creek from the con9 fluence of Frenchman’s Canyon and Water 

10 Canyon to 100-feet upstream of Chris 

11 Wicht Camp, as a wild river. 

12 ‘‘(ii) The approximately 1.8 miles of 

13 Surprise Canyon Creek from 100 feet up14 stream of Chris Wicht Camp to the south15 ern boundary of sec. 14, T. 21 N., R. 44 

16 E., as a recreational river. 

17 ‘‘(B) EFFECT ON HISTORIC MINING STRUC18 TURES.—Nothing in this paragraph affects the 

19 historic mining structures associated with the 

20 former Panamint Mining District. 

21 ‘‘(209) DEEP CREEK, CALIFORNIA.— 

22 ‘‘(A) IN GENERAL.—The following seg23 ments of Deep Creek in the State of California, 

24 to be administered by the Secretary of Agri25 culture: 


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1 ‘‘(i) The approximately 6.5-mile seg2 ment from 0.125 mile downstream of the 

3 Rainbow Dam site in sec. 33, T. 2 N., R. 

4 2 W., to 0.25-miles upstream of the Road 

5 3N34 crossing, as a wild river. 

6 ‘‘(ii) The 0.5-mile segment from 0.25 

7 mile upstream of the Road 3N34 crossing 

8 to 0.25 mile downstream of the Road 

9 3N34 crossing, as a scenic river. 

10 ‘‘(iii) The 2.5-mile segment from 0.25 

11 miles downstream of the Road 3 N. 34 

12 crossing to 0.25 miles upstream of the 

13 Trail 2W01 crossing, as a wild river. 

14 ‘‘(iv) The 0.5-mile segment from 0.25 

15 miles upstream of the Trail 2W01 crossing 

16 to 0.25 mile downstream of the Trail 

17 2W01 crossing, as a scenic river. 

18 ‘‘(v) The 10-mile segment from 0.25 

19 miles downstream of the Trail 2W01 cross20 ing to the upper limit of the Mojave dam 

21 flood zone in sec. 17, T. 3 N., R. 3 W., as 

22 a wild river. 

23 ‘‘(vi) The 11-mile segment of Hol24 comb Creek from 100 yards downstream of 

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1 stream of Holcomb Crossing, as a rec2 reational river. 

3 ‘‘(vii) The 3.5-mile segment of the 

4 Holcomb Creek from 0.25 miles down5 stream of Holcomb Crossing to the Deep 

6 Creek confluence, as a wild river. 

7 ‘‘(B) EFFECT ON SKI OPERATIONS.—Noth8 ing in this paragraph affects— 

9 ‘‘(i) the operations of the Snow Valley 

10 Ski Resort; or 

11 ‘‘(ii) the State regulation of water 

12 rights and water quality associated with 

13 the operation of the Snow Valley Ski Re14 sort. 

15 ‘‘(210) WHITEWATER RIVER, CALIFORNIA.— 

16 The following segments of the Whitewater River in 

17 the State of California, to be administered by the 

18 Secretary of Agriculture and the Secretary of the In19 terior, acting jointly: 

20 ‘‘(A) The 5.8-mile segment of the North 

21 Fork Whitewater River from the source of the 

22 River near Mt. San Gorgonio to the confluence 

23 with the Middle Fork, as a wild river. 

24 ‘‘(B) The 6.4-mile segment of the Middle 

25 Fork Whitewater River from the source of the 


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1 River to the confluence with the South Fork, as 

2 a wild river. 

3 ‘‘(C) The 1-mile segment of the South 

4 Fork Whitewater River from the confluence of 

5 the River with the East Fork to the section line 

6 between sections 32 and 33, T. 1 S., R. 2 E., 

7 as a wild river. 

8 ‘‘(D) The 1-mile segment of the South 

9 Fork Whitewater River from the section line be10 tween sections 32 and 33, T. 1 S., R. 2 E., to 

11 the section line between sections 33 and 34, T. 

12 1 S., R. 2 E., as a recreational river. 

13 ‘‘(E) The 4.9-mile segment of the South 

14 Fork Whitewater River from the section line be15 tween sections 33 and 34, T. 1 S., R. 2 E., to 

16 the confluence with the Middle Fork, as a wild 

17 river. 

18 ‘‘(F) The 5.4-mile segment of the main 

19 stem of the Whitewater River from the con20 fluence of the South and Middle Forks to the 

21 San Gorgonio Wilderness boundary, as a wild 

22 river. 

23 ‘‘(G) The 2.7-mile segment of the main 

24 stem of the Whitewater River from the San 

25 Gorgonio Wilderness boundary to the southern 


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1 boundary of section 26, T. 2 S., R. 3 E., as a 

2 recreational river.’’. 

3 TITLE II—DESERT RENEWABLE 

4 ENERGY PERMITTING 

5 SEC. 201. RENEWABLE ENERGY COORDINATION OFFICES 

6 TO IMPROVE FEDERAL PERMIT COORDINA7 TION FOR RENEWABLE ENERGY. 

8 (a) IN GENERAL.—Section 365 of the Energy Policy 

9 Act of 2005 (42 U.S.C. 15924) is amended— 

10 (1) by redesignating subsection (j) as sub11 section (l); and 

12 (2) by inserting after subsection (i) the fol13 lowing: 

14 ‘‘(j) RENEWABLE ENERGY COORDINATION OFFICES

15 TO IMPROVE FEDERAL PERMIT COORDINATION FOR RE16 NEWABLE ENERGY.— 

17 ‘‘(1) DEFINITION OF RENEWABLE ENERGY.—In 

18 this subsection, the term ‘renewable energy’ means 

19 energy derived from a wind, solar, renewable bio20 mass, or geothermal source. 

21 ‘‘(2) FIELD AND DISTRICT OFFICES.—As part 

22 of the Pilot Project, the Secretary shall designate at 

23 least 1 field or district office of the Bureau of Land 

24 Management in each of the following States to serve 

25 as Renewable Energy Coordination Offices for coVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 ordination of Federal permits for renewable energy 

2 projects and transmission lines to integrate renew3 able energy: 

4 ‘‘(A) Arizona. 

5 ‘‘(B) California. 

6 ‘‘(C) Colorado. 

7 ‘‘(D) Idaho. 

8 ‘‘(E) New Mexico. 

9 ‘‘(F) Nevada. 

10 ‘‘(G) Montana. 

11 ‘‘(H) Oregon. 

12 ‘‘(I) Utah. 

13 ‘‘(J) Wyoming. 

14 ‘‘(3) MEMORANDUM OF UNDERSTANDING.— 

15 ‘‘(A) IN GENERAL.—Not later than 90 

16 days after the date of enactment of this sub17 paragraph, for purposes of carrying out this 

18 subsection, the Secretary shall enter into a 

19 memorandum of understanding with the Sec20 retary of Agriculture, the Chief of Engineers, 

21 and the Secretary of Defense to provide coordi22 nated senior management review and detailed 

23 resources for the inclusion of the additional Re24 newable Energy Coordination Offices in the 

25 Pilot Project. 


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1 ‘‘(B) CONTENTS.—The memorandum 

2 shall— 

3 ‘‘(i) address— 

4 ‘‘(I) processes for improving re5 newable energy project review; 

6 ‘‘(II) timelines for environmental 

7 review of renewable energy projects; 

8 ‘‘(III) clear channels of commu9 nication within and between depart10 ments, agencies, and States; and 

11 ‘‘(IV) processes for facilitating 

12 siting and permitting of renewable en13 ergy projects consistent with Federal 

14 and State climate and renewable en15 ergy policy objectives; 

16 ‘‘(ii) establish a single multiagency, 

17 joint process under which renewable energy 

18 projects are— 

19 ‘‘(I) reviewed and approved, in20 cluding the establishment of milestone 

21 schedules for each project; 

22 ‘‘(II) to the maximum extent 

23 practicable, coordinated and unified 

24 with any applicable State process; and 


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1 ‘‘(III) to the maximum extent 

2 practicable, reviewed with a lead agen3 cy responsible for establishing and en4 forcing schedules with which other 

5 Federal agencies are required to com6 ply; and 

7 ‘‘(iii) establish a cooperative arrange8 ment between applicable Federal and State 

9 resources agencies in which a single agency 

10 is the lead permitting agency responsible 

11 for coordinating with other applicable Fed12 eral and State agencies. 

13 ‘‘(C) SIGNATURE OF SECRETARY.—The 

14 Secretary shall be a signatory of the memo15 randum of understanding. 

16 ‘‘(D) SIGNATURES BY GOVERNORS.—The 

17 Secretary may request that the Governors of 

18 each of the States described in paragraph (2) 

19 be signatories to the memorandum of under20 standing. 

21 ‘‘(4) DESIGNATION OF QUALIFIED STAFF.—Not 

22 later than 45 days after the date of the signing of 

23 the amended memorandum of understanding, all 

24 Federal signatory parties shall, if appropriate, as25 sign to each Renewable Energy Coordination Office 


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1 designated under paragraph (2) an employee de2 scribed in subsection (c) responsible for carrying out 

3 duties described in that subsection. 

4 ‘‘(5) ADDITIONAL PERSONNEL.—The Secretary 

5 shall assign to each Renewable Energy Coordination 

6 Office additional personnel under subsection (f). 

7 ‘‘(6) ADMINISTRATION.— 

8 ‘‘(A) IN GENERAL.—The manager of each 

9 Renewable Energy Coordination Office shall— 

10 ‘‘(i) report to the Director of the Bu11 reau of Land Management; and 

12 ‘‘(ii) consult on a regular basis with 

13 the Director of the United States Fish and 

14 Wildlife Service. 

15 ‘‘(B) LEAD OFFICE.—To the maximum ex16 tent practicable, a Renewable Energy Coordina17 tion Office shall serve as the lead office for 

18 processing utility scale wind and solar projects 

19 in a State with a Renewable Energy Coordina20 tion Office. 

21 ‘‘(k) DISTRIBUTION OF SOLAR AND WIND ENERGY

22 INCOME.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

24 through (4) and notwithstanding any other provision 

25 of law, for fiscal year 2009 and each fiscal year 


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1 thereafter, of the amount of income from solar and 

2 wind energy development collected by the Bureau of 

3 Land Management through an office designated 

4 under subsection (j)(2)— 

5 ‘‘(A) 25 percent shall be paid by the Sec6 retary of the Treasury to the 1 or more States 

7 within the boundaries of which the income is 

8 derived; 

9 ‘‘(B) 25 percent shall be paid by the Sec10 retary of the Treasury to the 1 or more coun11 ties within which the income is derived; 

12 ‘‘(C)(i) in the case of each of fiscal years 

13 2009 through 2020, 40 percent shall be depos14 ited in a special fund in the Treasury, to be 

15 known as the ‘BLM Permit Processing Im16 provement Fund’; and 

17 ‘‘(ii) in the case of fiscal year 2021 and 

18 each fiscal year thereafter, 40 percent shall be 

19 deposited in the land and water conservation 

20 fund established under section 2 of the Land 

21 and Water Conservation Fund Act of 1965 (16 

22 U.S.C. 460l–5); and 

23 ‘‘(D) 10 percent shall be deposited in a 

24 special fund in the Treasury, to be known as 


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1 the ‘Solar Energy Land Reclamation, Restora2 tion, and Mitigation Fund’. 

3 ‘‘(2) VALUATION.—If the Secretary intends to 

4 allow right-of-way use authorizations for the purpose 

5 of developing a wind or solar electricity generation 

6 project, the Secretary shall determine the fair mar7 ket value of public land for the purpose of deter8 mining income as follows: 

9 ‘‘(A) The fair market value of public land 

10 used for solar energy projects shall be deter11 mined by the Bureau of Land Management 

12 based on statistics of the National Agricultural 

13 Statistical Service. 

14 ‘‘(B) The fair market value of public land 

15 used for wind energy projects shall be deter16 mined in accordance with the fee schedule es17 tablished by the Secretary, acting through the 

18 Bureau of Land Management. 

19 ‘‘(3) SOLAR ENERGY LAND RECLAMATION, RES20 TORATION, AND MITIGATION FUND.— 

21 ‘‘(A) IN GENERAL.—Amounts in the Solar 

22 Energy Land Reclamation, Restoration, and 

23 Mitigation Fund under paragraph (1)(D) shall 

24 be available to the Secretary for the purpose 

25 of— 


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1 ‘‘(i) reclaiming and restoring public 

2 land used for the production of solar en3 ergy, including land used for ancillary fa4 cilities; and 

5 ‘‘(ii) mitigating impacts of the produc6 tion on public land, including protecting 

7 other sensitive public land if the land used 

8 for solar or wind power generation cannot 

9 be adequately restored without the use of 

10 funds made available under this para11 graph, as determined by the Secretary. 

12 ‘‘(B) MAXIMUM AMOUNT.— 

13 ‘‘(i) IN GENERAL.—The total amount 

14 of funds deposited in the Solar Energy 

15 Land Reclamation, Restoration, and Miti16 gation Fund under paragraph (1)(D) shall 

17 not exceed $50,000,000. 

18 ‘‘(ii) SURPLUS AMOUNTS.—If the total 

19 amount of funds deposited in the Solar 

20 Energy Land Reclamation, Restoration, 

21 and Mitigation Fund under paragraph 

22 (1)(D) is $50,000,000, any additional 

23 amounts that would otherwise be deposited 

24 in the Fund under paragraph (1)(D) shall 


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1 remain in the general fund of the Treas2 ury. 

3 ‘‘(4) USE OF FUNDS BY STATE AND LOCAL

4 GOVERNMENTS.—A State or local government re5 ceiving funds under this subsection shall submit to 

6 the Secretary and the appropriate committees of 

7 Congress an annual report describing how the funds 

8 have been used to advance renewable energy, energy 

9 efficiency, and conservation.’’. 

10 (b) BLM PERMIT PROCESSING IMPROVEMENT

11 FUND.—Section 35(c) of the Mineral Leasing Act (30 

12 U.S.C. 191(c)) is amended by striking paragraph (3) and 

13 inserting the following: 

14 ‘‘(3) AVAILABILITY OF FUND.— 

15 ‘‘(A) IN GENERAL.—For each of fiscal 

16 years 2006 through 2020, the Fund shall be 

17 available to the Secretary of the Interior for ex18 penditure, without further appropriation and 

19 without fiscal year limitation, for— 

20 ‘‘(i) the coordination and processing 

21 of oil and gas use authorizations on on22 shore Federal land under the jurisdiction 

23 of the Pilot Project offices described in 

24 section 365(d) of the Energy Policy Act of 

25 2005 (42 U.S.C. 15924(d)); 


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1 ‘‘(ii) the coordination and processing 

2 of renewable energy use authorizations on 

3 onshore Federal land under title V of the 

4 Federal Land Policy and Management Act 

5 of 1976 (43 U.S.C. 1761 et seq.) and 

6 under the jurisdiction of the Renewable 

7 Energy Coordination Offices described in 

8 section 365(j) of the Energy Policy Act of 

9 2005 (42 U.S.C. 15924(j)); 

10 ‘‘(iii) the coordination and processing 

11 of permits, consultations, and habitat con12 servation plans under the Endangered Spe13 cies Act of 1973 (16 U.S.C. 1531 et seq.) 

14 by the United States Fish and Wildlife 

15 Service that are necessary to build renew16 able energy projects on private land in the 

17 States described in paragraph (2)(A); and 

18 ‘‘(iv) the coordination and processing 

19 of necessary permits required for wind and 

20 solar energy projects participating in the 

21 Mitigation Bank Program established 

22 under section 205(d)(1) of the California 

23 Desert Conservation, Recreation, and Re24 newable Energy Act. 


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1 ‘‘(B) TRANSFER OF FUNDS.—For the pur2 poses of coordination and processing of renew3 able energy permits required for renewable en4 ergy projects described in subparagraph (A), 

5 the Secretary may authorize the expenditure or 

6 transfer of funds from the BLM Permit Proc7 essing Improvement Fund as necessary to— 

8 ‘‘(i) the United States Fish and Wild9 life Service; 

10 ‘‘(ii) the Bureau of Indian Affairs; 

11 ‘‘(iii) the Forest Service; 

12 ‘‘(iv) the Environmental Protection 

13 Agency; 

14 ‘‘(v) the Corps of Engineers; and 

15 ‘‘(vi) the States of Arizona, California, 

16 Colorado, Idaho, Montana, Nevada, New 

17 Mexico, Oregon, Utah, and Wyoming (for 

18 costs incurred by the States relating to the 

19 permitting process).’’. 

20 SEC. 202. DEADLINES FOR CONSIDERATION OF APPLICA21 TIONS FOR WIND AND SOLAR ENERGY RIGHT22 OF-WAY USE AUTHORIZATIONS. 

23 (a) PURPOSES.—The purposes of this section are— 

24 (1) to eliminate expeditiously the backlog of 

25 right-of-way use applications that propose wind and 


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1 solar energy development on land located in the 

2 western region of the United States; 

3 (2) to establish a procedure for focusing the re4 sources of the Federal Government on the most eco5 nomically and environmentally viable renewable en6 ergy development proposals; and 

7 (3) to provide guidance to the Department of 

8 the Interior to dismiss or defer renewable energy de9 velopment proposals that are not viable. 

10 (b) APPLICATION PROCESS.—Not later than 60 days 

11 after the later of the date of enactment of this Act or the 

12 date on which the Secretary of the Interior (referred to 

13 in this section as the ‘‘Secretary’’) receives a right-of-way 

14 application for an authorization to construct a wind or 

15 solar electricity generation facility in the State of Arizona, 

16 California, Colorado, Idaho, Montana, Nevada, New Mex17 ico, Oregon, Utah, or Wyoming, the Secretary shall— 

18 (1) notify the applicant that the application— 

19 (A) is complete; and 

20 (B) has met the requirements necessary 

21 for the Secretary— 

22 (i) to issue a notice of intent to evalu23 ate the project under the National Envi24 ronmental Policy Act of 1969 (42 U.S.C. 

25 4321 et seq.); or 


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1 (ii) to evaluate the project under that 

2 Act under provisions of law that do not re3 quire a notice to be issued; or 

4 (2) provide to the applicant a notice— 

5 (A) to inform the applicant that the review 

6 of the application of the applicant under the 

7 National Environmental Policy Act of 1969 (42 

8 U.S.C. 4321 et seq.) has been deferred because 

9 the application of the applicant is incomplete; 

10 and 

11 (B) that contains a description of the in12 formation that is required by the Secretary to 

13 consider the application to be complete, includ14 ing— 

15 (i) a description of each action that 

16 the applicant may take (including any ap17 plicable time line or deadline for com18 pleting each action in a manner acceptable 

19 to the Secretary) for the right-of-way use 

20 authorization application to be considered 

21 complete for purposes of evaluation under 

22 subparagraph (A), including— 

23 (I) the adequate completion of 

24 any necessary cultural or biological 

25 survey, as necessary under— 


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1 (aa) the Endangered Species 

2 Act of 1973 (16 U.S.C. 1531 et 

3 seq.); 

4 (bb) the Act of June 8, 

5 1906 (16 U.S.C. 431 et seq.); 

6 and 

7 (cc) the National Historic 

8 Preservation Act (16 U.S.C. 470 

9 et seq.); 

10 (II) the filing of a plan of devel11 opment adequate for the initiation of 

12 environmental review; 

13 (III) the acceptance of an appli14 cation for an interconnection agree15 ment with an electrical grid operator 

16 that is registered with the North 

17 American Electric Reliability Corpora18 tion; and 

19 (IV) the establishment of an ade20 quate plan that contains a description 

21 of the manner by which the applicant 

22 will obtain sufficient water for the 

23 project that is the subject of the ap24 plication; and 


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1 (ii) a description of each action that 

2 the Bureau of Land Management (as lead 

3 Federal permitting agency) and the United 

4 States Fish and Wildlife Service shall take 

5 to achieve compliance with each applicable 

6 law (including regulations), including any 

7 applicable time line or deadline for com8 pleting each action. 

9 (c) REQUIREMENTS FOR DEFERRED APPLICA10 TIONS.—If the Secretary provides to an applicant a notice 

11 under subsection (b)(2), not later than 30 days after the 

12 date of receipt of the notice by the applicant or 30 days 

13 after each deadline established in the notice to the appli14 cant (whichever is applicable), the applicant shall com15 plete, in a manner acceptable to the Secretary, each re16 quirement specified by the Secretary (including submitting 

17 to the Secretary any information that the Secretary deter18 mines to be necessary to achieve compliance with the Na19 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

20 et seq.)). 

21 (d) ISSUANCE OF NOTICE REGARDING EVALUA22 TION.—Not later than 30 days after the date on which 

23 an applicant for a right-of-way use authorization described 

24 in subsection (b) has submitted to the Secretary a com25 plete application, the Secretary shall issue a notice of inVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 tent to evaluate the right-of-way use authorization applica2 tion under— 

3 (1) the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.); and 

5 (2) any other applicable environmental law (in6 cluding regulations) 

7 (e) REQUIREMENTS FOR ENVIRONMENTAL RE8 VIEW.— 

9 (1) ENVIRONMENTAL REVIEW.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (C), if the Secretary issues a notice of in12 tent under subsection (d) to evaluate the right13 of-way use authorization application of an ap14 plicant under the National Environmental Pol15 icy Act of 1969 (42 U.S.C. 4321 et seq.), not 

16 later than 15 months after the date on which 

17 the notice of intent is issued, the Secretary 

18 shall issue a final environmental impact state19 ment or an environmental assessment regarding 

20 the right-of-way use authorization application. 

21 (B) DEADLINES.—Subject to subpara22 graph (C), if the Secretary, acting through the 

23 Bureau of Land Management, issues a notice of 

24 intent under subsection (d) to evaluate the 

25 right-of-way use authorization application of an 


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1 applicant, the Bureau of Land Management 

2 and the United States Fish and Wildlife Service 

3 shall complete consultation in compliance with 

4 the deadlines established under section 7(b) of 

5 the Endangered Species Act of 1973 (16 U.S.C. 

6 1536(b)). 

7 (C) DETERMINATION OF SECRETARY.—If 

8 the Secretary determines that compliance with 

9 the National Environmental Policy Act of 1969 

10 (42 U.S.C. 4321 et seq.) and any other applica11 ble law (including regulations) cannot been 

12 achieved by the date described in subparagraph 

13 (A) or (B), the Secretary— 

14 (i) shall inform the applicant (in rea15 sonable detail) of the reasons for the delay; 

16 and 

17 (ii) may issue the environmental im18 pact statement or environmental assess19 ment on a later date. 

20 (2) ISSUANCE OF DECISION ON RIGHT-OF-WAY

21 USE AUTHORIZATION APPLICATION.—Not later than 

22 90 days after the date of completion by the Sec23 retary of an environmental impact statement or en24 vironmental assessment of a right-of-way use author25 ization application under paragraph (1)(A), the SecVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 retary shall accept or deny the right-of-way use au2 thorization application. 

3 (f) DENIAL OF RIGHT-OF-WAY USE AUTHORIZATION

4 APPLICATIONS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 the Secretary shall deny the right-of-way use author7 ization application of an applicant if the applicant— 

8 (A) fails to meet any deadline established 

9 by the Secretary under this section; 

10 (B) submits materials that, as determined 

11 by the Secretary, are inadequate to process the 

12 application expeditiously; 

13 (C) proposes development in an area that 

14 the Secretary determines— 

15 (i) is not open to multiple uses; or 

16 (ii) is a low priority area for develop17 ment; or 

18 (D) fails to comply with any applicable law 

19 (including regulations). 

20 (2) WEATHER EVENTS; ACTS OF GOD.—The 

21 Secretary may grant extensions to applications sub22 ject to denial under paragraph (1) if the failure of 

23 the applicant resulted from an administrative action, 

24 weather event, or other act of God that the SecVerDate Nov 24 2008 01:34 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 retary determines to be beyond the control of the ap2 plicant. 

3 (3) AUTHORITY TO DENY OR PRIORITIZE RIGHT

4 OF WAY AUTHORIZATION APPLICATIONS BASED ON

5 SITE CONFLICTS.— 

6 (A) DEFINITION OF HIGH PUBLIC RE7 SOURCE CONFLICT.—In this paragraph, the 

8 term ‘‘high public resource conflict’’ means an 

9 expected impact to public resource values (in10 cluding wilderness quality land (other than vis11 ual and noise impacts), threatened and endan12 gered species and habitat of the species, State13 listed species, sensitive species listed by the Bu14 reau of Land Management, ground water re15 sources, and cultural and historic resources) 

16 that, as determined by the Secretary, cannot be 

17 addressed through the use of best management 

18 practices or other measures. 

19 (B) AUTHORITY.—At any time after a 

20 right-of-way use authorization application has 

21 been filed, the Secretary may— 

22 (i) deny a right-of-way use authoriza23 tion application that proposes development 

24 in an area in which the proposed develop25 ment will result in a high public resource 


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1 conflict (based on the best available infor2 mation); and 

3 (ii) prioritize a right-of-way use au4 thorization application that proposes re5 newable energy development in an area in 

6 which the proposed development will not 

7 result in a high public resource conflicts 

8 (based on the best available information) 

9 and will access existing electric trans10 mission and utility corridor rights-of-way. 

11 (C) RELATIONSHIP TO GOALS.—Nothing in 

12 this paragraph affects the goals established 

13 under section 211 of the Energy Policy Act of 

14 2005 (Public Law 109–58; 119 Stat. 660). 

15 (g) BIANNUAL REPORTS.—Not later than 180 days 

16 after the date of enactment of this Act and twice a year 

17 thereafter, the Secretary shall submit to the appropriate 

18 committees of Congress a report that, for the period cov19 ered by the report, contains— 

20 (1) a description of each right-of-way use au21 thorization application for which the applicant or the 

22 Secretary failed to meet a deadline under this sec23 tion; and 

24 (2) with respect to each application included 

25 under paragraph (1), a justification for why— 


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1 (A) the Secretary failed to meet a deadline 

2 under this section; or 

3 (B) the Secretary has not rejected the ap4 plication as a result of the applicant of the ap5 plication failing to meet a deadline established 

6 by the Secretary under subsection (e). 

7 (h) FEES.— 

8 (1) IN GENERAL.—Upon acceptance of an ini9 tial right-of-way use authorization application to 

10 construct a wind or solar facility on Federal land, 

11 the Secretary shall require the applicant to transfer 

12 to the Secretary a refundable deposit of an amount 

13 equal to not less than 50 percent of the amount that 

14 the Secretary estimates to be necessary for the Bu15 reau of Land Management and United States Fish 

16 and Wildlife Service to complete the review of the 

17 right-of-way use authorization application. 

18 (2) RETURN OF FUNDS.—If an applicant with19 draws a right-of-way use authorization application 

20 accepted under paragraph (1), the Secretary shall 

21 transfer to the applicant the amount of the refund22 able deposit that the Secretary has not used as of 

23 the date of the withdrawal of the application. 

24 (i) NONAPPLICATION TO ROYALTY OR LEASING

25 PILOT PROGRAM LAND.—This section shall not apply to 


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1 wind or solar development proposals for land designated 

2 as part of a pilot program established by the Secretary 

3 of the Interior to lease Federal land without pending 

4 right-of-way use authorizations or require royalty pay5 ments in place of fair market rental fees. 

6 SEC. 203. PROGRAMMATIC ENVIRONMENTAL IMPACT 

7 STATEMENTS AND LAND USE PLANNING. 

8 (a) PUBLIC LAND.—Not later than 1 year after the 

9 date of enactment of this Act, the Secretary of the Interior 

10 shall— 

11 (1) complete a programmatic environmental im12 pact statement in accordance with the National En13 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

14 seq.)— 

15 (A) to analyze the potential impacts of— 

16 (i) a program to develop solar energy 

17 on land administered by the Secretary, act18 ing through the Bureau of Land Manage19 ment; 

20 (ii) in consultation with the United 

21 States Fish and Wildlife Service, the des22 ignation and full environmental evaluation 

23 of low conflict zones in which solar energy 

24 project development may be permitted 

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1 mental assessment under the National En2 vironmental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.); and 

4 (iii) any necessary amendments to 

5 land use plans for the land; and 

6 (B) which shall include an assessment of 

7 the optimal size, acreage, and technology of 

8 solar projects; and 

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

10 provide for the development of renewable energy in 

11 areas considered appropriate by the Secretary, con12 sistent with the programmatic environmental impact 

13 statements for wind and solar power completed by 

14 the Secretary. 

15 (b) NATIONAL FOREST SYSTEM LAND.—As soon as 

16 practicable but not later than 18 months after the date 

17 of enactment of this Act, the Secretary of Agriculture 

18 shall— 

19 (1) complete a programmatic environmental im20 pact statement in accordance with the National En21 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

22 seq.) to analyze the potential impacts of— 

23 (A) a program to develop solar, biomass, 

24 and wind energy on National Forest System 

25 land administered by the Secretary; and 


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1 (B) any necessary amendments to land use 

2 plans for the land; and 

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

4 provide for the development of renewable energy in 

5 areas considered appropriate by the Secretary imme6 diately on completion of the programmatic environ7 mental impact statement. 

8 (c) MILITARY INSTALLATIONS.—As soon as prac9 ticable, but not later than 18 months, after the date of 

10 enactment of this Act, the Secretary of Defense shall— 

11 (1) complete a programmatic environmental im12 pact statement in accordance with the National En13 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

14 seq.) to analyze the potential impacts of— 

15 (A) a program— 

16 (i) to develop solar, wind, and geo17 thermal energy, and associated electric 

18 transmission capacity, on military installa19 tions administered by the Secretary of De20 fense in the Mojave and Colorado Deserts 

21 of the States of Arizona, California, and 

22 Nevada, including withdrawn land; and 

23 (ii) that is consistent with the training 

24 and other military needs of the Depart25 ment of Defense; and 


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1 (B) any necessary amendments to base 

2 management plans or policies for the land; and 

3 (2) upon completion of the programmatic envi4 ronmental impact statement under paragraph (1), 

5 amend any base management plan or policy that the 

6 Secretary of Defense determines to be appropriate to 

7 provide for the development of renewable energy in 

8 areas that the Secretary considers to be appropriate 

9 and consistent with the military mission of the De10 partment of Defense. 

11 SEC. 204. MILITARY INSTALLATIONS STUDY. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of enactment of this Act, in accordance with sub14 section (b), the Secretary of Defense (referred to in this 

15 section as the ‘‘Secretary’’) shall complete a study to ana16 lyze the potential impacts of a program to develop large17 scale renewable electricity generation projects on land 

18 within the borders of a military installation under the ju19 risdiction of the Secretary in the Mojave and Colorado 

20 Deserts of the States of California and Nevada. 

21 (b) REQUIRED COMPONENTS.—In carrying out the 

22 study under subsection (a), the Secretary shall— 

23 (1) determine the extent to which renewable en24 ergy generation at military installations could be 


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1 conducted in a manner consistent with the military 

2 mission of the installations; 

3 (2) estimate the solar energy generation poten4 tial at each military installation in the study area on 

5 parcels of land that do not interfere with the mili6 tary mission of the installation; 

7 (3) describe current and proposed large-scale 

8 solar energy generation projects, the capacity of 

9 which are not less than 5 megawatts, on military in10 stallations located in the Mojave and Colorado 

11 Deserts of the States of California and Nevada (in12 cluding a time line for the completion of each 

13 project); 

14 (4) determine if energy generation at a military 

15 installation would require significant new or up16 graded electricity transmission capacity within the 

17 boundaries of the installation; 

18 (5) complete an assessment of— 

19 (A) the net financial, environmental, na20 tional security, and other benefits of renewable 

21 energy development (including cost savings to 

22 the Department of Defense); 

23 (B) the benefits of secure energy produc24 tion at a military installation; and 


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1 (C) the impacts of renewable energy devel2 opment on training and testing areas at a mili3 tary installation; 

4 (6) outline existing standards and requirements 

5 for on-installation solar development, and if prac6 ticable, develop uniform procedures, for all facilities 

7 of the Department of Defense; 

8 (7) identify differences among solar energy de9 velopment on— 

10 (A) land under the jurisdiction of the Sec11 retary; 

12 (B) Federal land other than the land de13 scribed in subparagraph (A); and 

14 (C) private land; 

15 (8) identify Federal and State statutory and 

16 regulatory constraints to on-installation generation 

17 for off-installation use; and 

18 (9) develop recommendations to facilitate and 

19 incentivize large-scale solar development on appro20 priate land under the jurisdiction of the Secretary, 

21 to be implemented by individual installations and 

22 services and the Office of the Secretary. 

23 SEC. 205. HABITAT MITIGATION ZONES. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the Committee on Appropriations of 

5 the Senate; 

6 (B) the Committee on Energy and Natural 

7 Resources of the Senate; 

8 (C) the Committee on Environment and 

9 Public Works of the Senate; 

10 (D) the Committee on Appropriations of 

11 the House of Representatives; and 

12 (E) the Committee on Natural Resources 

13 of the House of Representatives. 

14 (2) DIRECTOR.—The term ‘‘Director’’ means 

15 the Director of the United States Fish and Wildlife 

16 Service. 

17 (3) ELIGIBLE LAND.—The term ‘‘eligible land’’ 

18 means land— 

19 (A) that is— 

20 (i) Federal land open to uses delete21 rious to the conservation of endangered or 

22 threatened species on the land; or 

23 (ii) owned by a non-Federal entity; 

24 and 


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1 (B) that is in the California Desert Con2 servation Area; and 

3 (C) on which the Secretary determines that 

4 active management or additional investments in 

5 the restoration of the land would improve the 

6 existing habitat quality for the benefit of an en7 dangered or threatened species that would not 

8 likely occur in the absence of the measures car9 ried out under this section. 

10 (4) ENDANGERED OR THREATENED SPECIES.— 

11 The term ‘‘endangered or threatened species’’ means 

12 a species that is listed as a threatened or endan13 gered species on the list of species published under 

14 section 4(c)(1) of the Endangered Species Act of 

15 1973 (16 U.S.C. 1533(c)(1)). 

16 (5) FUND.—The term ‘‘Fund’’ means the Cali17 fornia Desert Mitigation Fund established by sub18 section (e). 

19 (6) HIGH CONFLICT AREA.—The term ‘‘high 

20 conflict area’’ means an area, as determined by the 

21 Secretary, in which conflicts between renewable en22 ergy development and the conservation of natural re23 sources, including critical habitat, wildlife corridors, 

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1 tributes, or other cultural resources are likely to be 

2 comparatively high. 

3 (7) MITIGATION COUNCIL.—The term ‘‘Mitiga4 tion Council’’ means the science advisory council es5 tablished by the Secretary under subsection (e)(7). 

6 (8) NATURAL RESOURCES.—The term ‘‘natural 

7 resources’’ means the land, fish, wildlife, plants, 

8 biota, natural communities, air, water, groundwater, 

9 drinking water supplies, and other such resources 

10 belonging to or otherwise controlled by the United 

11 States or the State of California. 

12 (9) POTENTIAL MITIGATION ZONE.—The term 

13 ‘‘potential mitigation zone’’ means a parcel of eligi14 ble land that is proposed to be designated by the 

15 Secretary under subsection (c)(1) in order to ad16 dress threats to endangered or threatened species. 

17 (10) PROGRAM.—The term ‘‘program’’ means 

18 the California Desert Mitigation Bank Pilot Pro19 gram established under subsection (d). 

20 (11) QUALIFIED RENEWABLE ENERGY

21 PROJECT.—The term ‘‘qualified renewable energy 

22 project’’ means a project that is— 

23 (A) located on non-Federal land; 

24 (B) not located in a high conflict area; and 


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1 (C) determined by the Secretary to be eli2 gible for inclusion in the California Desert Miti3 gation Bank Pilot Program established under 

4 subsection (d). 

5 (12) SECRETARY.—The term ‘‘Secretary’’ 

6 means the Secretary of the Interior. 

7 (b) PURPOSES.—The purposes of this section are— 

8 (1) to establish a coordinated method to miti9 gate the impact of qualified renewable energy 

10 projects on endangered or threatened species and 

11 the habitat of the species; 

12 (2) to establish a mechanism under which the 

13 mitigation of impacts to endangered or threatened 

14 species and the habitat of the species from individual 

15 renewable energy projects results in the conservation 

16 of large-scale blocks of land that provide species pro17 tection benefits superior to the piecemeal mitigation 

18 that results from project-by-project mitigation; and 

19 (3) to direct mitigation funds to those areas 

20 and actions that provide the greatest benefit to en21 dangered or threatened species, including improved 

22 management of existing habitat. 

23 (c) POTENTIAL MITIGATION ZONES.— 

24 (1) IN GENERAL.—As soon as practicable after 

25 the date of enactment of this Act, in accordance 


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1 with paragraphs (2) and (3), the Secretary shall 

2 identify not less than 200,000 acres of eligible land 

3 for use as potential mitigation zones that the Sec4 retary may establish and make available to mitigate 

5 the impacts of qualified renewable energy projects 

6 on endangered or threatened species that can be 

7 mitigated most effectively through management ac8 tions undertaken on the eligible land, including— 

9 (A) enhanced stewardship; 

10 (B) restoration actions; 

11 (C) invasive species control; 

12 (D) use of dedicated funding to facilitate 

13 enhanced levels of active management and law 

14 enforcement; 

15 (E) increased habitat connectivity; and 

16 (F) other actions, as determined by the 

17 Secretary and approved by the applicable Sci18 entific Advisory Council through the manage19 ment planning process. 

20 (2) PRIORITY LAND.—In carrying out this sub21 section, the Secretary shall, to the maximum extent 

22 practicable, identify parcels of land that— 

23 (A) are capable of serving the habitat 

24 needs of multiple endangered or threatened spe25 cies in the California Desert Conservation Area; 


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1 (B) do not have unusually high renewable 

2 energy production potential; 

3 (C) are not being managed (as the date of 

4 enactment of this Act) exclusively for biodiver5 sity conservation; 

6 (D) are not likely to be managed for con7 servation purposes in the absence of the pro8 gram; and 

9 (E) will be important to place into long10 term conservation in order to achieve objectives 

11 established in Federal biodiversity conservation 

12 plans (such as recovery plans and habitat con13 servation plans established under the Endan14 gered Species Act of 1973 (16 U.S.C. 1531 et 

15 seq.)) and similar plans established by the State 

16 of California in accordance with endangered 

17 species protection laws of the State. 

18 (3) CONSULTATION.—In carrying out this sub19 section, the Secretary shall, to the maximum extent 

20 practicable, identify parcels of land in consultation 

21 with the Mitigation Council and the State of Cali22 fornia. 

23 (d) CALIFORNIA DESERT MITIGATION BANK PILOT

24 PROGRAM.— 

25 (1) IN GENERAL.— 


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1 (A) ESTABLISHMENT.—For fiscal years 

2 2010 through 2015, the Secretary shall estab3 lish and administer a program to be known as 

4 the ‘‘California Desert Mitigation Bank Pilot 

5 Program’’ under which parcels of land identi6 fied as potential mitigation zones shall be made 

7 available to serve as mitigation, in accordance 

8 with the Endangered Species Act of 1973 (16 

9 U.S.C. 1531 et seq.), for the development of re10 newable energy projects on parcels of non-Fed11 eral land that are located in the California 

12 Desert Conservation Area. 

13 (B) WITHDRAWAL FROM USE.—Notwith14 standing any limitations on the authority of the 

15 Secretary to permanently withdraw land under 

16 the Federal Land Policy and Management Act 

17 of 1976 (43 U.S.C. 1701 et seq.), the Secretary 

18 shall make land available as a mitigation zone 

19 under this subsection by permanently with20 drawing the required acreage, as determined 

21 under paragraph (3)(B), located in a potential 

22 mitigation zone from availability for uses that 

23 could negatively impact the conservation of en24 dangered or threatened species on the acreage. 


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1 (C) USE OF FUND.—The Secretary may 

2 use funds in the Fund— 

3 (i) to acquire interests in non-Federal 

4 acres within a potential mitigation zone 

5 from willing sellers for addition to the 

6 mitigation zone; and 

7 (ii) to actively manage the land with8 drawn under subparagraph (B) or pur9 chased under clause (i) to protect and im10 prove habitat quality in compliance with a 

11 zone management plan established pursu12 ant to paragraph (4). 

13 (2) ELIGIBILITY.—The Secretary shall deter14 mine whether a qualified renewable energy project 

15 that has applied for inclusion in the program is eligi16 ble for the program based on whether— 

17 (A) the applicant has made sufficient ef18 forts to avoid and minimize impacts to endan19 gered or threatened species; and 

20 (B) the mitigation from the program will 

21 effectively offset all remaining impacts to en22 dangered or threatened species. 

23 (3) REQUIREMENTS OF PROGRAM.— 

24 (A) CONSULTATION.— 


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1 (i) IN GENERAL.—The approval by 

2 the Secretary of an application to partici3 pate in the program with respect to any 

4 qualified renewable energy project shall 

5 constitute a Federal action subject to the 

6 consultation requirements of section 7 of 

7 the Endangered Species Act (16 U.S.C. 

8 1536). 

9 (ii) SCOPE.—The scope of the con10 sultation carried out with respect to the 

11 approval— 

12 (I) shall include the effects of the 

13 construction and operation of the 

14 qualified renewable energy project on 

15 endangered or threatened species and 

16 the critical habitat of the endangered 

17 or threatened species; and 

18 (II) shall not be limited to the 

19 quantification of required mitigation 

20 acreage. 

21 (B) REQUIRED ACREAGE.—The Secretary, 

22 in accordance with the consultation required 

23 under subparagraph (A), shall determine the re24 quired number of acres of specified quality with 

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1 dangered or threatened species necessary to 

2 mitigate the impacts on those endangered or 

3 threatened species and the habitat of the en4 dangered or threatened species of each qualified 

5 renewable energy project accepted in the pro6 gram. 

7 (C) PAYMENT.—Each applicant accepted 

8 by the Secretary for participation in the pro9 gram shall deposit in the Fund an amount, or 

10 provide a letter of credit for an amount, as de11 termined by the Secretary, that will mitigate 

12 impacts (as required by section 7 of the Endan13 gered Species Act of 1973 (16 U.S.C. 1536)) 

14 and is the higher of— 

15 (i) 75 percent of the estimated fair 

16 market cost of purchasing the required 

17 acreage from a non-Federal landowner 

18 (based on statistics of the National Agri19 cultural Statistical Service), as determined 

20 by the Secretary; or 

21 (ii) the cost, as determined by the 

22 Secretary, of managing a parcel of eligible 

23 land of a size equal to the required acreage 

24 in a manner consistent with the needs of 

25 endangered or threatened species. 


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1 (4) MANAGEMENT PLANS.— 

2 (A) IN GENERAL.—As soon as practicable 

3 after the establishment of a mitigation zone, the 

4 Secretary shall develop a mitigation zone man5 agement plan, in consultation with the Mitiga6 tion Council. 

7 (B) CONTENTS.—The management plan 

8 shall include— 

9 (i) a description of— 

10 (I) the habitat and species values 

11 for which the land is being conserved; 

12 (II) measurable goals and objec13 tives for habitat and species enhance14 ment; 

15 (III) proposed strategies for 

16 achieving goals and objectives; and 

17 (IV) monitoring and observation 

18 plans capable of assessing progress to19 wards goals and objectives on at least 

20 an annual basis; 

21 (ii) recommendations for how and to 

22 whom disbursements from the Fund should 

23 be made; 

24 (iii) an annual evaluation of progress 

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1 cluding quantitative and qualitative anal2 ysis; and 

3 (iv) a description of a process for 

4 adapting management and strategy to in5 corporate knowledge gained as a result of 

6 the annual evaluation. 

7 (e) CALIFORNIA DESERT MITIGATION FUND.— 

8 (1) IN GENERAL.— 

9 (A) ESTABLISHMENT.—The Secretary may 

10 enter into an agreement with an organization 

11 that promotes fish and wildlife conservation to 

12 accept, receive, hold, transfer, solicit, and ad13 minister funds received or made available, in14 cluding funds received in the form of a gift or 

15 donation, for a ‘‘California Desert Mitigation 

16 Fund’’ under this Act the purpose of which is 

17 to provide resources for administration of the 

18 mitigation zones authorized by this section. 

19 (B) INVESTMENT OF FUNDS.—An organi20 zation that enters into an agreement described 

21 in subparagraph (A) shall— 

22 (i) invest, reinvest, and otherwise ad23 minister funds described in subparagraph 

24 (A); and 


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1 (ii) ensure that the funds and any in2 terest or revenues earned on the funds are 

3 placed in a separate interest-bearing ac4 count that is— 

5 (I)(aa) in an insured depository 

6 institution (as defined in section 3 of 

7 the Federal Deposit Insurance Act 

8 (12 U.S.C. 1813)); or 

9 (bb) in an insured credit union 

10 (as defined in section 101 of the Fed11 eral Credit Union Act (12 U.S.C. 

12 1752)); 

13 (II) established by the organiza14 tion solely to support the activities au15 thorized by this section and that fur16 ther the purposes of this Act; and 

17 (III) maintained in an amount 

18 that will assure the continued exist19 ence of the account. 

20 (C) ADMINISTRATION.—The agreement 

21 shall— 

22 (i) ensure that the Secretary retains 

23 final authority for determining what 

24 amounts will be disbursed from the Fund; 

25 and 


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1 (ii) contain such other terms and con2 ditions as the Secretary considers appro3 priate to ensure efficient and effective im4 plementation of the program. 

5 (2) CONTRIBUTIONS TO FUND.— 

6 (A) IN GENERAL.—In addition to the 

7 funds described in paragraph (3)(C), the Fund 

8 may accept funds appropriated directly into the 

9 Fund on the behalf of the Secretary and, as 

10 considered appropriate by the Secretary— 

11 (i) funds associated with the settle12 ment of related judicial or administrative 

13 actions; 

14 (ii) monetary contributions and do15 nated funds from individuals and public or 

16 private organizations; and 

17 (iii) permitting fees. 

18 (B) TRANSFER OF FUNDS.—For purposes 

19 of carrying out this subsection, the Secretary 

20 may transfer any funds appropriated to the 

21 Secretary to carry out activities under this sec22 tion to an organization that has entered into an 

23 agreement under paragraph (1). 

24 (3) EXPENDITURES FROM FUND.— 


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

2 subparagraph (C), all allocations from the Fund 

3 shall be— 

4 (i) made pursuant to the terms of this 

5 subsection and the agreement under para6 graph (1); 

7 (ii) made consistent with a manage8 ment plan developed under subsection 

9 (d)(4); and 

10 (iii)(I) in the case of expenses related 

11 to acquisition of interests in non-Federal 

12 land, disbursed to the Secretary from of 

13 the corpus of the Fund; and 

14 (II) in the case of expenses related to 

15 operational and management activities 

16 taken pursuant to this section on public 

17 and non-Federal land, disbursed to the 

18 Secretary from interest and revenue gen19 erated by the Fund. 

20 (B) ADMINISTRATIVE EXPENSES.—The 

21 agreement under paragraph (1) shall provide 

22 for the payment from the Fund of appropriate 

23 fees for the administration and management of 

24 the Fund. 


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1 (C) SUPPLEMENTAL AUTHORIZATION OF

2 APPROPRIATIONS.—There are authorized to be 

3 appropriated to the Secretary such sums as are 

4 necessary to cover any shortfall in funds if, for 

5 any fiscal year beginning after the date of en6 actment of this Act, amounts deposited into the 

7 Fund are not adequate to cover necessary man8 agement activities under this Act. 

9 (4) USE OF FUNDS.—Amounts from the Fund 

10 shall be used to carry out the following activities in 

11 mitigation zones for the benefit of threatened and 

12 endangered species: 

13 (A) Enhanced stewardship. 

14 (B) Restoration actions. 

15 (C) The mitigation of abandoned mines. 

16 (D) The conduct of surveys of certain spe17 cies. 

18 (E) Monitoring the effectiveness of mitiga19 tion activities. 

20 (F) Invasive species control. 

21 (G) Law enforcement initiatives. 

22 (H) Acquisition from willing sellers of non23 Federal acres within a potential mitigation zone 

24 for inclusion in the mitigation zone. 


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1 (I) Acquisition from willing sellers of an 

2 interest in non-Federal acres within a potential 

3 mitigation zone through use of permanent con4 servation easements. 

5 (J) Other active endangered species protec6 tion and management initiatives, as reflected in 

7 the zone management plan and adaptive man8 agement program. 

9 (5) NO MATCHING REQUIREMENT.—No match10 ing requirements shall apply to funds expended 

11 under this subsection. 

12 (6) REVIEW OF PERFORMANCE.— 

13 (A) IN GENERAL.—Effective beginning in 

14 fiscal year 2011 and biennially thereafter, the 

15 Secretary shall— 

16 (i) conduct a review of any fund and 

17 related activities administered by an orga18 nization under this subsection; and 

19 (ii) submit to the appropriate commit20 tees of Congress a report on the results of 

21 the review. 

22 (B) ORGANIZATION.—As soon as prac23 ticable after the end of each fiscal year, an or24 ganization administering funds under this sub25 section shall submit to the Secretary and the 


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1 appropriate committees of Congress a report 

2 that provides a full and complete statement of 

3 the receipts, expenditures, and investments of 

4 funds received by the organization during for 

5 that fiscal year. 

6 (7) MITIGATION COUNCIL.— 

7 (A) ESTABLISHMENT.—As soon as prac8 ticable after the date of enactment of this Act, 

9 the Secretary shall establish a Mitigation Coun10 cil to— 

11 (i) consult with the Secretary on de12 velopment of a management plan for miti13 gation zones; 

14 (ii) make recommendations on the 

15 most effective distribution of the amounts 

16 expended under paragraph (3) and on the 

17 proposed use of funds under this sub18 section; and 

19 (iii) review written documents pro20 vided by the Secretary not later than 60 

21 days after the date of receipt. 

22 (B) COMPOSITION.—The Mitigation Coun23 cil shall be composed of— 

24 (i) 2 third-party scientists selected by 

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1 rector and the National Academy of 

2 Sciences, who are experts in desert ecology, 

3 wildlife biology, or botany and have a 

4 strong knowledge of endangered species, 

5 threatened species, or natural resources in 

6 the California Desert Conservation Area; 

7 (ii) 1 representative of the California 

8 Department of Fish and Game, selected by 

9 the Governor; 

10 (iii) 1 representative of the Depart11 ment of Defense, selected by the Secretary 

12 of Defense; 

13 (iv) 2 representatives of nonprofit or14 ganizations whose mission is to protect the 

15 ecology, botany, or land of the California 

16 desert, selected by the Secretary; 

17 (v) 2 representatives of the renewable 

18 energy industry with a background in per19 mitting under the Endangered Species Act 

20 of 1973 (16 U.S.C. 1531 et seq.), selected 

21 by the Secretary; and 

22 (vi) 1 representative of the county 

23 government in which the zone is located, 

24 selected by the appropriate county board of 

25 supervisors. 


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1 (f) APPLICATION EVALUATION.— 

2 (1) IN GENERAL.—The Secretary shall carry 

3 out environmental reviews (including any review re4 quired under the National Environmental Policy Act 

5 of 1969 (42 U.S.C. 4321 et seq.)) for applications 

6 for qualified renewable energy projects under the 

7 program. 

8 (2) RENEWABLE ENERGY COORDINATION OF9 FICES.—The evaluation of a renewable energy 

10 project under the program shall be conducted by the 

11 appropriate Renewable Energy Coordination Office 

12 designated under section 365(j)(2) of the Energy 

13 Policy Act of 2005 (42 U.S.C. 15924(j)(2)). 

14 (3) DEADLINES.—The Secretary shall evaluate 

15 each qualified renewable energy project under the 

16 program in accordance with each deadline, reporting 

17 requirement, and other procedure described in sec18 tion 202. 

19 (g) COOPERATIVE AGREEMENTS.—The Secretary 

20 may enter into cooperative agreements with non-Federal 

21 landowners to carry out this section. 

22 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary to carry 

24 this section such sums as are necessary. 


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1 SEC. 206. BONDING. 

2 (a) IN GENERAL.—The Secretary shall require all en3 ergy projects on Federal land to provide a secure bond 

4 or other financial mechanism, to address future decommis5 sioning and other costs associated with the restoration of 

6 public land. 

7 (b) AMOUNT.— 

8 (1) IN GENERAL.—The Secretary shall ensure 

9 that the secure bond or other financial mechanism 

10 is of sufficient size in order to address potential rec11 lamation and administrative costs to the Bureau of 

12 Land Management, the Forest Service, the Depart13 ment of Defense, and any other Federal agency re14 sponsible for administering the right-of-way. 

15 (2) BASIS.—The amount of the required bond 

16 shall be determined during the right-of-way author17 ization process on the basis of site-specific and 

18 project-specific factors. 

19 (c) FORM.—Acceptable bond instruments under this 

20 section shall include cash, cashier’s or certified checks, 

21 certificate or book entry deposits, negotiable Treasury 

22 bonds equal in value to the bond amount, or surety bonds 

23 from the approved list of sureties under the Department 

24 of the Treasury Circular No. 570 payable to the Federal 

25 agency responsible for administering the right-of-way. 


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1 SEC. 207. METEOROLOGICAL SITE TESTING AND MONI2 TORING CATEGORICAL EXCLUSION. 

3 (a) DEFINITION OF METEOROLOGICAL SITE TEST4 ING AND MONITORING PROJECT.—In this section, the 

5 term ‘‘meteorological site testing and monitoring project’’ 

6 means a project carried out on land administered by the 

7 Bureau of Land Management to test or monitor weather 

8 (including wind and solar energy) using towers or other 

9 devices that— 

10 (1) causes— 

11 (A) less than 1 acre of soil or vegetation 

12 disruption at the location of each meteorological 

13 tower or other device; and 

14 (B) not more than 5 acres of soil or vege15 tation disruption within the proposed right-of16 way; 

17 (2) is installed— 

18 (A) to the maximum extent practicable, 

19 using existing access roads; 

20 (B) in a manner that does not require off21 road motorized access other than 1 installation 

22 activity and 1 decommissioning activity along 

23 an identified off-road route approved by the Bu24 reau of Land Management; 


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1 (C) without construction of new roads 

2 other than upgrading of existing minor drain3 age crossings for safety purposes; and 

4 (D) without the use of digging or drilling 

5 equipment vehicles other than rubber-tired vehi6 cles with gross weight ratings under 8,500 

7 pounds; and 

8 (3) is decommissioned not more than 5 years 

9 after the date of commencement of the project, in10 cluding— 

11 (A) removal of any towers or devices from 

12 the site; and 

13 (B) restoration of the site to the original 

14 condition of the site. 

15 (b) CATEGORICAL EXCLUSION.—A meteorological 

16 site testing and monitoring project may be categorically 

17 excluded from documentation in an environmental impact 

18 statement or environmental assessment under the Na19 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

20 et seq.). 

21 (c) ADMINISTRATION.—A meteorological site testing 

22 and monitoring project categorically excluded under sub23 section (b) shall be subject to the extraordinary cir24 cumstances procedures established by the Secretary of the 


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1 Interior pursuant to section 1508.4 of title 40, Code of 

2 Federal Regulations (or successor regulations). 

3 (d) RELATIONSHIP TO OTHER AUTHORITY.—The au4 thority provided under this section is supplemental to, 

5 does not supplant, any authority provided under any other 

6 law. 

7 SEC. 208. REPORT ON RENEWABLE ENERGY PERMITTING 

8 IN WESTERN STATES. 

9 Not later than 180 days after the date of enactment 

10 of this Act and every 180 days thereafter, the Secretary 

11 shall submit to the appropriate committees of Congress 

12 (as defined in section 205(a)) a report on— 

13 (1) the work of the Renewable Energy Coordi14 nation Offices established under section 365(j)(2) of 

15 the Energy Policy Act of 2005 (42 U.S.C. 

16 15924(j)(2)), including staffing levels, the relevant 

17 expertise of staff, and a status report on each re18 newable energy project under review; 

19 (2) the allocation of resources from the BLM 

20 Permit Processing Improvement Fund described in 

21 section 35(c) of the Mineral Leasing Act (30 U.S.C. 

22 191(c)) to ensure that renewable energy-related 

23 work of applicable agencies within the Department 

24 of the Interior (including the Bureau of Land Man25 agement and the United States Fish and Wildlife 


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1 Service) is completed in accordance with timelines 

2 established under this Act and the amendments 

3 made by this Act; 

4 (3) a review of permitting policies, including 

5 recommended changes that would improve permit6 ting; 

7 (4) coordination with other Federal agencies 

8 (including the Forest Service, the Corp of Engi9 neers, and the Department of Defense) as necessary 

10 and consistent with the memorandum of under11 standing entered into under section 365(j)(3) of the 

12 Energy Policy Act of 2005 (42 U.S.C. 15924(j)(3)); 

13 (5) coordination with State offices on the re14 newable energy permitting processes of the State of15 fices, particularly State agencies that are responsible 

16 for permitting power plants and State agencies that 

17 are responsible for enforcing State endangered spe18 cies protections; 

19 (6) the establishment of a process to resolve 

20 disputes, problems, or inconsistencies in permitting 

21 renewable energy projects efficiently and fairly; 

22 (7) coordination with any State-level counter23 part appointed by a Governor or Legislature; and 

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1 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

2 for which the applicant or the Secretary failed to 

3 meet a deadline or requirement under this Act or an 

4 amendment made by this Act; 

5 (B) with respect to each application and dead6 line described in subparagraph (A), why— 

7 (i) the Secretary failed to meet the dead8 line; or 

9 (ii) the Secretary has not rejected the ap10 plication as a result of the failure of the appli11 cant to meet the deadline; and 

12 (C) each right-of-way use authorization applica13 tion or permit application under the Endangered 

14 Species Act of 1973 (16 U.S.C. 1531 et seq.) that 

15 has received an authorization to build or a permit 

16 consistent with the deadlines and requirements of 

17 this Act, including the number of megawatts, acres 

18 of development and mitigation land set aside, and 

19 other relevant materials. 


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1 SEC. 209. SUPPORT FOR QUALIFIED ADVANCED ELECTRIC 

2 TRANSMISSION MANUFACTURING PLANTS, 

3 QUALIFIED HIGH EFFICIENCY TRANSMISSION 

4 PROPERTY, AND QUALIFIED ADVANCED 

5 ELECTRIC TRANSMISSION PROPERTY. 

6 (a) DEFINITIONS.—Section 1701 of the Energy Pol7 icy Act of 2005 (42 U.S.C. 16511) is amended by adding 

8 at the end the following: 

9 ‘‘(6) QUALIFIED ADVANCED ELECTRIC TRANS10 MISSION MANUFACTURING PLANT.—The term ‘quali11 fied advanced electric transmission manufacturing 

12 plant’ means any industrial facility located in the 

13 United States that can be equipped, re-equipped, ex14 panded, or established to produce, in whole or in 

15 part, qualified advanced electric transmission prop16 erty or qualified high efficiency transmission prop17 erty. 

18 ‘‘(7) QUALIFIED ADVANCED ELECTRIC TRANS19 MISSION PROPERTY.— 

20 ‘‘(A) IN GENERAL.—The term ‘qualified 

21 advanced electric transmission property’ means 

22 any high voltage electric transmission cable, re23 lated substation, converter station, or other in24 tegrated facility that— 

25 ‘‘(i) uses advanced technology, such as 

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1 rial or other advanced technology that has 

2 been determined by the Secretary as— 

3 ‘‘(I) reasonably likely to be com4 mercially viable within 10 years after 

5 the date of enactment of this para6 graph; and 

7 ‘‘(II) capable of reliably transmit8 ting at least 1.5 gigawatts of high9 voltage electric energy for distances 

10 greater than 80 miles with energy 

11 losses substantially below losses on 

12 transmission lines using conventional 

13 aluminum conductors and steel rein14 forced conductors; 

15 ‘‘(ii) has been determined by an ap16 propriate energy regulatory body, on appli17 cation, to be in the public interest and eli18 gible for inclusion in regulated rates; and 

19 ‘‘(iii) can be located safely and eco20 nomically in a permanent underground 

21 right-of-way not to exceed 25 feet in width. 

22 ‘‘(B) EXCLUSION.—The term ‘qualified ad23 vanced electric transmission property’ does not 

24 include any property placed in service after De25 cember 31, 2016. 


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1 ‘‘(8) QUALIFIED HIGH EFFICIENCY TRANS2 MISSION PROPERTY.— 

3 ‘‘(A) IN GENERAL.—The term ‘qualified 

4 high efficiency transmission property’ means 

5 any high voltage overhead electric transmission 

6 line, related substation, or other integrated fa7 cility that— 

8 ‘‘(i) uses advanced conductor core 

9 technology that— 

10 ‘‘(I) has been determined by the 

11 Secretary as reasonably likely to be 

12 commercially viable within 10 years 

13 after the date of enactment of this 

14 paragraph; 

15 ‘‘(II) is suitable for use on trans16 mission lines up to 500 kilovolts; 

17 ‘‘(III) exhibits power losses at 

18 least 30 percent lower than that of 

19 transmission lines using conventional 

20 Aluminum Conductors Steel Rein21 forced conductors (referred in this 

22 paragraph as ‘conventional ACSR 

23 conductors’); and 

24 ‘‘(IV) is capable of increasing the 

25 capacity of existing transmission 


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1 rights-of-way using existing tower in2 frastructure; 

3 ‘‘(ii) has been determined by an ap4 propriate energy regulatory body, on appli5 cation, to be in the public interest and eli6 gible for inclusion in regulated rates; and 

7 ‘‘(iii) can be located safely and eco8 nomically in a right-of-way not to exceed 

9 that used by conventional ACSR conduc10 tors. 

11 ‘‘(B) EXCLUSION.—The term ‘qualified 

12 high efficiency transmission property’ does not 

13 include any property placed in service after De14 cember 31, 2016.’’. 

15 (b) ELIGIBLE PROJECTS.—Section 1703 of the En16 ergy Policy Act of 2005 (42 U.S.C. 16513) is amended— 

17 (1) in subsection (b), by adding at the end the 

18 following: 

19 ‘‘(11) The development, construction, acquisi20 tion, retrofitting, or engineering integration of a 

21 qualified advanced electric transmission manufac22 turing plant or the construction of a qualified high 

23 efficiency transmission property or qualified ad24 vanced electric transmission property (whether by 


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1 construction of a new facility or the modification of 

2 an existing facility).’’; and 

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

4 ‘‘(f) GRANTS FOR QUALIFIED ADVANCED ELECTRIC

5 TRANSMISSION PROPERTY.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

7 and (3), the Secretary may provide grants, on a 

8 competitive basis, to cover not more than 50 percent 

9 of the costs incurred in connection with the develop10 ment, construction, acquisition of components for, or 

11 engineering of qualified advanced electric trans12 mission property. 

13 ‘‘(2) FIRST PROJECT.—Grants may be made 

14 under this subsection only for the first project that 

15 described in paragraph (1) that is approved by the 

16 Secretary. 

17 ‘‘(3) OWNERSHIP INTEREST.—The United 

18 States shall take no equity or other ownership inter19 est in the qualified advanced electric transmission 

20 manufacturing plant or qualified advanced electric 

21 transmission property for which funding is provided 

22 under this subsection. 

23 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to carry out 


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1 this subsection $100,000,000 for each of fiscal years 

2 2011 and 2012. 

3 ‘‘(g) CORRIDOR PRIORITY.—In carrying out sub4 sections (b)(11) and (f) and section 1705(b)(4), the Sec5 retary shall give priority to— 

6 ‘‘(1) a project proposed to be carried out in a 

7 national interest electric transmission corridor des8 ignated under section 216(a) of the Federal Power 

9 Act (16 U.S.C. 824p(a)); or 

10 ‘‘(2) a project proposed to be carried out in an 

11 energy right-of-way corridor on Federal land des12 ignated under section 368 of the Energy Policy Act 

13 of 2005 (42 U.S.C. 15926).’’. 

14 (c) TEMPORARY PROGRAM FOR RAPID DEPLOYMENT

15 OF RENEWABLE ENERGY AND ELECTRIC POWER TRANS16 MISSION PROJECTS.—Section 1705(b) of the Energy Pol17 icy Act of 2005 (42 U.S.C. 16516(b)) is amended by add18 ing at the end the following: 

19 ‘‘(4) The development, construction, acquisition, 

20 retrofitting, or engineering integration of a qualified 

21 advanced electric transmission manufacturing plant 

22 or the construction of qualified high efficiency trans23 mission property or qualified advanced electric 

24 transmission property (whether by construction of a 


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1 new facility or the modification of an existing facil2 ity).’’. 

Æ 


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