II 

115TH CONGRESS 

1ST SESSION S. 282 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2017 

Mr. HELLER (for himself, Mr. HEINRICH, Mr. GARDNER, Mr. TESTER, Mr. 

RISCH, Mr. DAINES, Mr. BENNET, and Mr. UDALL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To promote the development of renewable energy on public 

land, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Land Renew5 able Energy Development Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 means land that is— 


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1 (A) public land administered by the Sec2 retary; and 

3 (B) not excluded from the development of 

4 geothermal, solar, or wind energy under— 

5 (i) a land use plan established under 

6 the Federal Land Policy and Management 

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

8 (ii) other Federal law. 

9 (2) EXCLUSION AREA.—The term ‘‘exclusion 

10 area’’ means covered land that is identified by the 

11 Bureau of Land Management as not suitable for de12 velopment of renewable energy projects. 

13 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

14 means— 

15 (A) land of the National Forest System (as 

16 defined in section 11(a) of the Forest and 

17 Rangeland Renewable Resources Planning Act 

18 of 1974 (16 U.S.C. 1609(a))); or 

19 (B) public land. 

20 (4) FUND.—The term ‘‘Fund’’ means the Re21 newable Energy Resource Conservation Fund estab22 lished by section 7(c)(1). 

23 (5) PRIORITY AREA.—The term ‘‘priority area’’ 

24 means covered land identified by the land use plan25 ning process of the Bureau of Land Management as 


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1 being a preferred location for a renewable energy 

2 project. 

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

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

5 section 103 of the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1702). 

7 (7) RENEWABLE ENERGY PROJECT.—The term 

8 ‘‘renewable energy project’’ means a project carried 

9 out on covered land that uses wind, solar, or geo10 thermal energy to generate energy. 

11 (8) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 (9) VARIANCE AREA.—The term ‘‘variance 

14 area’’ means covered land that is— 

15 (A) not an exclusion area; and 

16 (B) not a priority area. 

17 SEC. 3. EXTENSION OF FUNDING FOR IMPLEMENTATION OF 

18 GEOTHERMAL STEAM ACT OF 1970. 

19 (a) IN GENERAL.—Section 234(a) of the Energy Pol20 icy Act of 2005 (42 U.S.C. 15873(a)) is amended by strik21 ing ‘‘in the first 5 fiscal years beginning after the date 

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

23 year 2022’’. 

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

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


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

2 following: 

3 ‘‘(1) IN GENERAL.—Amounts’’; and 

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

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

6 2017 and each fiscal year thereafter, amounts de7 posited under subsection (a) shall be available to the 

8 Secretary of the Interior for expenditure, without 

9 further appropriation or fiscal year limitation, to im10 plement the Geothermal Steam Act of 1970 (30 

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

12 SEC. 4. LAND USE PLANNING; SUPPLEMENTS TO PRO13 GRAMMATIC ENVIRONMENTAL IMPACT 

14 STATEMENTS. 

15 (a) PRIORITY AREAS.— 

16 (1) IN GENERAL.—The Secretary, in consulta17 tion with the Secretary of Energy, shall establish 

18 priority areas on covered land for geothermal, solar, 

19 and wind energy projects. 

20 (2) DEADLINE.— 

21 (A) GEOTHERMAL ENERGY.—For geo22 thermal energy, the Secretary shall establish 

23 priority areas as soon as practicable, but not 

24 later than 5 years, after the date of enactment 

25 of this Act. 


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1 (B) SOLAR ENERGY.—For solar energy, 

2 the solar energy zones established by the 2012 

3 western solar plan of the Bureau of Land Man4 agement and any subsequent land use plan 

5 amendments shall be considered to be priority 

6 areas for solar energy projects. 

7 (C) WIND ENERGY.—For wind energy, the 

8 Secretary shall establish priority areas as soon 

9 as practicable, but not later than 3 years, after 

10 the date of enactment of this Act. 

11 (b) VARIANCE AREAS.—To the maximum extent 

12 practicable, variance areas shall be considered for renew13 able energy project development, consistent with the prin14 ciples of multiple use (as defined in the Federal Land Pol15 icy and Management Act of 1976 (43 U.S.C. 1701 et 

16 seq.)). 

17 (c) REVIEW AND MODIFICATION.—Not less fre18 quently than once every 10 years, the Secretary shall— 

19 (1) review the adequacy of land allocations for 

20 geothermal, solar, and wind energy priority and vari21 ance areas for the purpose of encouraging new re22 newable energy development opportunities; and 

23 (2) based on the review carried out under para24 graph (1), add, modify, or eliminate priority, vari25 ance, and exclusion areas. 


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1 (d) COMPLIANCE WITH THE NATIONAL ENVIRON2 MENTAL POLICY ACT.—For purposes of this section, com3 pliance with the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.) shall be accomplished— 

5 (1) for geothermal energy, by supplementing 

6 the October 2008 final programmatic environmental 

7 impact statement for geothermal leasing in the west8 ern United States; 

9 (2) for solar energy, by supplementing the July 

10 2012 final programmatic environmental impact 

11 statement for solar energy projects; and 

12 (3) for wind energy, by supplementing the July 

13 2005 final programmatic environmental impact 

14 statement for wind energy projects. 

15 (e) NO EFFECT ON PROCESSING APPLICATIONS.—A 

16 requirement to prepare a supplement to a programmatic 

17 environmental impact statement under this section shall 

18 not result in any delay in processing an application for 

19 a renewable energy project. 

20 (f) COORDINATION.—In developing a supplement re21 quired by this section, the Secretary shall coordinate, on 

22 an ongoing basis, with appropriate State, tribal, and local 

23 governments, transmission infrastructure owners and op24 erators, developers, and other appropriate entities to en25 sure that priority areas identified by the Secretary are— 


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1 (1) economically viable (including having access 

2 to transmission); 

3 (2) likely to avoid or minimize conflict with 

4 habitat for animals and plants, recreation, and other 

5 uses of covered land; and 

6 (3) consistent with section 202 of the Federal 

7 Land Policy and Management Act of 1976 (43 

8 U.S.C. 1712), including subsection (c)(9) of that 

9 section (43 U.S.C. 1712(c)(9)). 

10 (g) REMOVAL FROM CLASSIFICATION.—In carrying 

11 out subsections (a) through (e), if the Secretary deter12 mines an area previously suited for development should 

13 be removed from priority or variance classification, not 

14 later than 90 days after the date of the determination, 

15 the Secretary shall submit to Congress a report on the 

16 determination. 

17 SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND. 

18 (a) IN GENERAL.—If the Secretary determines that 

19 a proposed renewable energy project has been sufficiently 

20 analyzed by a programmatic environmental impact state21 ment conducted under section 4(d), the Secretary shall not 

22 require any additional review under the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

24 (b) ADDITIONAL ENVIRONMENTAL REVIEW.—If the 

25 Secretary determines that additional environmental review 


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1 under the National Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.) is necessary for a proposed renewable 

3 energy project, the Secretary shall rely on the analysis in 

4 the programmatic environmental impact statement con5 ducted under section 4(d), to the maximum extent prac6 ticable when analyzing the potential impacts of the 

7 project. 

8 (c) RELATIONSHIP TO OTHER LAW.—Nothing in this 

9 section modifies or supersedes any requirement under ap10 plicable law. 

11 SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY 

12 PROJECT PERMIT COORDINATION. 

13 (a) ESTABLISHMENT.—The Secretary shall establish 

14 a program to improve Federal permit coordination with 

15 respect to renewable energy projects on covered land. 

16 (b) MEMORANDUM OF UNDERSTANDING.— 

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

18 after the date of enactment of this Act, the Sec19 retary shall enter into a memorandum of under20 standing for purposes of this section, including to 

21 specifically expedite the environmental analysis of 

22 applications for projects proposed in a variance area, 

23 with— 

24 (A) the Secretary of Agriculture; and 


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1 (B) the Assistant Secretary of the Army 

2 for Civil Works. 

3 (2) STATE PARTICIPATION.—The Secretary 

4 may request the Governor of any interested State to 

5 be a signatory to the memorandum of understanding 

6 under paragraph (1). 

7 (c) DESIGNATION OF QUALIFIED STAFF.— 

8 (1) IN GENERAL.—Not later than 30 days after 

9 the date on which the memorandum of under10 standing under subsection (b) is executed, all Fed11 eral signatories, as appropriate, shall identify for 

12 each of the Bureau of Land Management Renewable 

13 Energy Coordination Offices an employee who has 

14 expertise in the regulatory issues relating to the of15 fice in which the employee is employed, including, as 

16 applicable, particular expertise in— 

17 (A) consultation regarding, and prepara18 tion of, biological opinions under section 7 of 

19 the Endangered Species Act of 1973 (16 U.S.C. 

20 1536); 

21 (B) permits under section 404 of Federal 

22 Water Pollution Control Act (33 U.S.C. 1344); 

23 (C) regulatory matters under the Clean Air 

24 Act (42 U.S.C. 7401 et seq.); 


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1 (D) planning under section 14 of the Na2 tional Forest Management Act of 1976 (16 

3 U.S.C. 472a); 

4 (E) the Federal Land Policy and Manage5 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

6 (F) the Migratory Bird Treaty Act (16 

7 U.S.C. 703 et seq.); and 

8 (G) the preparation of analyses under the 

9 National Environmental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.). 

11 (2) DUTIES.—Each employee assigned under 

12 paragraph (1) shall— 

13 (A) be responsible for addressing all issues 

14 relating to the jurisdiction of the home office or 

15 agency of the employee; and 

16 (B) participate as part of the team of per17 sonnel working on proposed energy projects, 

18 planning, monitoring, inspection, enforcement, 

19 and environmental analyses. 

20 (d) ADDITIONAL PERSONNEL.—The Secretary may 

21 assign such additional personnel for the Bureau of Land 

22 Management Renewable Energy Coordination Offices as 

23 are necessary to ensure the effective implementation of 

24 any programs administered by the offices, including in25 spection and enforcement relating to renewable energy 


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1 project development on covered land, in accordance with 

2 the multiple use mandate of the Federal Land Policy and 

3 Management Act of 1976 (43 U.S.C. 1701 et seq.). 

4 (e) RENEWABLE ENERGY COORDINATION OF5 FICES.—In carrying out the program established under 

6 subsection (a), the Secretary may— 

7 (1) establish additional Bureau of Land Man8 agement Renewable Energy Coordination Offices; or 

9 (2) temporarily assign the qualified staff des10 ignated under subsection (c) to a State, district, or 

11 field office of the Bureau of Land Management to 

12 expedite the permitting of renewable energy projects. 

13 (f) REPORT TO CONGRESS.— 

14 (1) IN GENERAL.—Not later than February 1 

15 of the first fiscal year beginning after the date of en16 actment of this Act, and each February 1 thereafter, 

17 the Secretary shall submit to the Committee on En18 ergy and Natural Resources of the Senate and the 

19 Committee on Natural Resources of the House of 

20 Representatives a report describing the progress 

21 made under the program established under sub22 section (a) during the preceding year. 

23 (2) INCLUSIONS.—Each report under this sub24 section shall include— 


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1 (A) projections for renewable energy pro2 duction and capacity installations; and 

3 (B) a description of any problems relating 

4 to leasing, permitting, siting, or production. 

5 SEC. 7. DISPOSITION OF REVENUES. 

6 (a) DISPOSITION OF REVENUES.—Beginning on Jan7 uary 1, 2017, without further appropriation or fiscal year 

8 limitation, of the amounts collected as bonus bids, rentals, 

9 fees, or other payments under a right-of-way, permit, 

10 lease, or other authorization (other than under section 

11 504(g) of the Federal Land Policy and Management Act 

12 of 1976 (43 U.S.C. 1764(g))) for the development of wind 

13 or solar energy on covered land— 

14 (1) 25 percent shall be paid by the Secretary of 

15 the Treasury to the State within the boundaries of 

16 which the revenue is derived; 

17 (2) 25 percent shall be paid by the Secretary of 

18 the Treasury to the one or more counties within the 

19 boundaries of which the revenue is derived, to be al20 located among the counties based on the percentage 

21 of land from which the revenue is derived; 

22 (3) to be deposited in the Treasury and be 

23 made available to the Secretary to carry out the pro24 gram established by section 6, including the transfer 

25 of the funds by the Bureau of Land Management to 


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1 other Federal agencies and State agencies to facili2 tate the processing of renewable energy permits on 

3 Federal land, with priority given to using the 

4 amounts, to the maximum extent practicable, to ex5 pediting the issuance of permits required for the de6 velopment of renewable energy projects in the States 

7 from which the revenues are derived— 

8 (A) 25 percent for each of fiscal years 

9 2016 through 2025; 

10 (B) 20 percent for each of fiscal years 

11 2026 through 2030; 

12 (C) 15 percent for each of fiscal years 

13 2031 through 2035; and 

14 (D) 10 percent for fiscal year 2036 and 

15 each fiscal year thereafter; and 

16 (4) to be deposited in the Renewable Energy 

17 Resource Conservation Fund established by sub18 section (c)— 

19 (A) 25 percent for each of fiscal years 

20 2016 through 2025; 

21 (B) 30 percent for each of fiscal years 

22 2026 through 2030; 

23 (C) 35 percent for each of fiscal years 

24 2031 through 2035; and 


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1 (D) 40 percent for fiscal year 2036 and 

2 each fiscal year thereafter. 

3 (b) PAYMENTS TO STATES AND COUNTIES.— 

4 (1) IN GENERAL.—Amounts paid to States and 

5 counties under subsection (a) shall be used con6 sistent with section 35 of the Mineral Leasing Act 

7 (30 U.S.C. 191). 

8 (2) PAYMENTS IN LIEU OF TAXES.—A payment 

9 to a county under paragraph (1) shall be in addition 

10 to a payment in lieu of taxes received by the county 

11 under chapter 69 of title 31, United States Code. 

12 (c) RENEWABLE ENERGY RESOURCE CONSERVATION

13 FUND.— 

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

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

16 Energy Resource Conservation Fund’’, to be admin17 istered by the Secretary, in consultation with the 

18 Secretary of Agriculture. 

19 (2) USE OF FUNDS.—The Secretary may make 

20 funds in the Fund available to Federal, State, and 

21 tribal agencies to be distributed in regions in which 

22 renewable energy projects are located on Federal 

23 land, for the purposes of— 

24 (A) restoring and protecting— 


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1 (i) fish and wildlife habitat for af2 fected species; 

3 (ii) fish and wildlife corridors for af4 fected species; and 

5 (iii) water resources in areas affected 

6 by wind, geothermal, or solar energy devel7 opment; and 

8 (B) preserving and improving recreational 

9 access to Federal land and water in an affected 

10 region through an easement, right-of-way, or 

11 other instrument from willing landowners for 

12 the purpose of enhancing public access to exist13 ing Federal land and water that is inaccessible 

14 or significantly restricted. 

15 (3) PARTNERSHIPS.—The Secretary may enter 

16 into cooperative agreements with State and tribal 

17 agencies, nonprofit organizations, and other appro18 priate entities to carry out the activities described in 

19 subparagraphs (A) and (B) of paragraph (2). 

20 (4) INVESTMENT OF FUND.— 

21 (A) IN GENERAL.—Any amounts deposited 

22 in the Fund shall earn interest in an amount 

23 determined by the Secretary of the Treasury on 

24 the basis of the current average market yield on 


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1 outstanding marketable obligations of the 

2 United States of comparable maturities. 

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

5 with this subsection. 

6 (5) INTENT OF CONGRESS.—It is the intent of 

7 Congress that the revenues deposited and used in 

8 the Fund shall supplement (and not supplant) an9 nual appropriations for activities described in sub10 paragraphs (A) and (B) of paragraph (2). 

11 SEC. 8. SAVINGS CLAUSE. 

12 Notwithstanding any other provision of this Act, the 

13 Secretary shall continue to manage public land under the 

14 principles of multiple use and sustained yield in accord15 ance with title I of the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1701 et seq.), including due 

17 consideration of mineral and nonrenewable energy-related 

18 projects and other nonrenewable energy uses, for the pur19 poses of land use planning, permit processing, and con20 ducting environmental reviews. 

Æ 


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