I 

111TH CONGRESS 

1ST SESSION H. R. 3482 

To make renewable energy production a priority on certain public lands 

for the purpose of responsibly producing clean, affordable power for 

the American people. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2009 

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

Committee on Natural Resources 

A BILL 

To make renewable energy production a priority on certain 

public lands for the purpose of responsibly producing 

clean, affordable power for the American people. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Renewable Energy De5 velopment Act’’. 

6 SEC. 2. DEVELOPING RENEWABLE ENERGY ON FEDERAL 

7 LANDS. 

8 (a) IN GENERAL.—The Secretary of the Interior shall 

9 carry out in accordance with this section a program for 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 3482 IH

1 the leasing of Federal lands for the advancement, develop2 ment, assessment, installation, and operation of commer3 cial renewable solar, wind, and geothermal energy systems. 

4 (b) IDENTIFICATION OF LANDS FOR LEASING.— 

5 (1) LANDS SELECTION.—The Secretary of the 

6 Interior, acting through the Director of the Bureau 

7 of Land Management and in consultation with the 

8 Secretary of Energy, shall— 

9 (A) identify lease sites comprising a total 

10 of 6,400,000 acres of Federal lands under the 

11 jurisdiction of the Bureau of Land Management 

12 in the States of Arizona, California, Colorado, 

13 Idaho, Montana, New Mexico, Nevada, Oregon, 

14 Utah, Washington, and Wyoming that are suit15 able and feasible for the installation and oper16 ation of solar, wind, or geothermal energy sys17 tems, subject to valid existing rights; and 

18 (B) incorporate renewable energy develop19 ment into the relevant agency land use and re20 source management plans or equivalent plans 

21 for the lands identified under subparagraph 

22 (A). 

23 (2) MINIMUM AND MAXIMUM ACREAGE OF

24 SITES.—Each individual lease site identified under 

25 paragraph (1)(A), other than under a lease for a 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 3482 IH

1 geothermal energy system, shall be a minimum of 

2 1,280 acres and shall not exceed 12,800 acres. 

3 (3) LANDS RELEASED FOR LEASING.—The Sec4 retary shall release for leasing under this section 

5 lease sites identified under paragraph (1), in acre6 ages that meet the following annual milestones: 

7 (A) By 2010, 79,012 acres. 

8 (B) By 2011, 316,049 acres. 

9 (C) By 2012, 711,111 acres. 

10 (D) By 2013, 1,300,000 acres. 

11 (E) By 2014, 2,000,000 acres. 

12 (F) By 2015, 2,800,000 acres. 

13 (G) By 2016, 3,700,000 acres. 

14 (H) By 2017, 4,650,000 acres. 

15 (I) By 2018, 5,800,000 acres. 

16 (J) By 2019, 6,400,000 acres. 

17 (4) LANDS NOT INCLUDED.—The following 

18 Federal lands shall not be included within a renew19 able energy lands leasing program under this Act: 

20 (A) Components of the National Land21 scape Conservation System. 

22 (B) Wilderness and Wilderness Study 

23 Areas. 

24 (C) Wild and Scenic Rivers. 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 3482 IH

1 (D) Federally designated National Scenic 

2 and Historic Trails. 

3 (E) Monuments. 

4 (F) Resource Natural Areas. 

5 (G) Lands requested by Governor of State 

6 to be removed from consideration for renewable 

7 energy development. 

8 (c) COMPETITIVE LEASE SALE REQUIREMENTS

9 LEASING PROCEDURES.— 

10 (1) NOMINATIONS.—The Secretary shall accept 

11 at any time nominations of land identified under 

12 subsection (b) for leasing under this Act, from any 

13 qualified person. 

14 (2) COMPETITIVE LEASE SALE REQUIRED.— 

15 (A) IN GENERAL.—Except as otherwise 

16 specifically provided by this Act, all land to be 

17 leased under this Act that is not subject to leas18 ing under paragraph (3) shall be leased to the 

19 highest responsible qualified bidder, as deter20 mined by the Secretary. 

21 (B) ANNUAL SALES REQUIRED.—The Sec22 retary shall hold a competitive lease sale under 

23 this Act at least once every year for land in a 

24 State with respect to which there is a nominaVerDate Nov 24 2008 04:15 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3482.IH H3482

tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 3482 IH

1 tion pending under paragraph (1) of land other2 wise available for leasing. 

3 (3) NONCOMPETITIVE LEASING.—The Secretary 

4 shall make available for a period of 2 years for non5 competitive leasing any tract for which a competitive 

6 lease sale is held under paragraph (2), but for which 

7 the Secretary does not receive any bids in such sale. 

8 (4) PENDING LEASE APPLICATIONS.—It shall 

9 be a priority for the Secretary to ensure timely com10 pletion of administrative actions and process applica11 tions for leasing of Federal lands described in sub12 section (b)(1)(A) for installation and operation of re13 newable energy systems, that are pending on the 

14 date of enactment of this subsection. 

15 (d) LEASING TIME PERIOD.—Any lease of lands 

16 under this section shall be effective for a period of 30 

17 years, with an option to renew once for an additional pe18 riod of 30 years. 

19 SEC. 3. PROGRAMMATIC ENVIRONMENTAL IMPACT STATE20 MENT. 

21 (a) IN GENERAL.—Not later than 18 months after 

22 the date of enactment of this Act, in accordance with sec23 tion 102(2)(C) of the National Environmental Policy Act 

24 of 1969 (42 U.S.C. 4332(2)(C)), the Secretary of the Inte25 rior shall complete a programmatic environmental impact 


tjames on DSKG8SOYB1PROD with BILLS
6 

•HR 3482 IH

1 statement for the renewable energy leasing program under 

2 section 2. 

3 (b) FINAL REGULATION.—Not later than 6 months 

4 after the completion of the programmatic environmental 

5 impact statement under this section, the Secretary shall 

6 publish a final regulation implementing this section. 

7 SEC. 4. DEPOSIT AND USE OF GEOTHERMAL LEASE REVE8 NUES. 

9 Section 234 of the Energy Policy Act of 2005 (42 

10 U.S.C. 15873) is amended— 

11 (1) in the section heading, by striking ‘‘FOR 5

12 FISCAL YEARS’’; and 

13 (2) in subsection (a), by striking ‘‘in the first 

14 5 fiscal years beginning after the date of enactment 

15 of this Act’’. 

16 SEC. 5. STUDY. 

17 Not later than 2 years after the date of enactment 

18 of this Act, the Secretary of the Interior shall complete 

19 a study of— 

20 (1) barriers to additional access to Federal 

21 lands for transmission of energy produced under 

22 leases awarded under the renewable energy leasing 

23 program under this Act; and 


tjames on DSKG8SOYB1PROD with BILLS
7 

•HR 3482 IH

1 (2) the need for energy transmission corridors 

2 on public lands to address identified congestion or 

3 constraints. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS