(2) PAYMENTS IN LIEU OF TAXES.—A payment 
to a county under paragraph (1) shall be in addition 
to a payment in lieu of taxes received by the county 
under chapter 69 of title 31, United States Code. 
(c) RENEWABLE ENERGY RESOURCE CONSERVATION 
FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury a fund, to be known as the ‘‘Renewable 
Energy Resource Conservation Fund’’, to be admin-
istered by the Secretary, in consultation with the 
Secretary of Agriculture, for use in regions affected 
by the development of wind or solar energy on Fed-
eral land. 
(2) USE.— 
(A) IN GENERAL.—Amounts in the Fund 
shall be available to the Secretary, who may 
make amounts available to the Secretary of Ag-
riculture, to other Federal or State agencies, 
and other interested persons in an impacted re-
gion, as appropriate, for the purposes of— 
(i) protecting and restoring important 
fish and wildlife habitat on Federal land in 
the impacted region; and 
(ii) ensuring and improving right-of- 
way access to Federal land and water in 
VerDate Sep 11 2014 
21:08 Jun 05, 2015
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2663.IH
H2663
srobinson on DSK5SPTVN1PROD with BILLS
the impacted region for fishing, hunting, 
and other forms of outdoor recreation in a 
manner consistent with the conservation of 
fish and wildlife habitat. 
(B) ADVISORY
BOARD.—The Secretaries 
shall establish an independent advisory board 
composed of key stakeholders and technical ex-
perts to provide recommendations and guidance 
on the disposition of any amounts expended 
from the Fund. 
(3) INVESTMENT OF FUND.— 
(A) IN GENERAL.—Any amounts deposited 
in the Fund shall earn interest in an amount 
determined by the Secretary of the Treasury on 
the basis of the current average market yield on 
outstanding marketable obligations of the 
United States of comparable maturities. 
(B) USE.—Any interest earned under sub-
paragraph (A) may be expended in accordance 
with this subsection. 
(4) INTENT OF CONGRESS.—It is the intent of 
Congress that the revenues deposited and used in 
the Fund shall supplement and not supplant annual 
appropriations for conservation activities described 
in paragraph (2)(A). 
VerDate Sep 11 2014 
21:08 Jun 05, 2015
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2663.IH
H2663
srobinson on DSK5SPTVN1PROD with BILLS
SEC. 213. ROYALTIES. 
(a) IN GENERAL.—The Secretaries shall require as 
a term and condition of any lease, right-of-way, permit, 
or other authorization for the development of wind or solar 
energy on covered land the payment of a royalty. 
(b) RATE CONSIDERATIONS.—The Secretary, in con-
sultation with the Secretary of Agriculture, shall establish, 
through rulemaking, a royalty payable under subsection 
(a) that shall be a percentage of the gross proceeds from 
the sale of electricity at a rate that— 
(1) encourages production of solar or wind en-
ergy; 
(2) ensures a fair return to the public com-
parable to the return that would be obtained on 
State and private land; and 
(3) encourages the maximum energy generation 
while disturbing the least quantity of covered land 
and other natural resources, including water. 
(c) DIFFERENT ROYALTY RATES.—The Secretaries 
shall establish— 
(1) a different royalty rate for wind or solar en-
ergy generation, which takes into account relative 
capacity factors for the respective generation 
sources; and 
VerDate Sep 11 2014 
21:08 Jun 05, 2015
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2663.IH
H2663
srobinson on DSK5SPTVN1PROD with BILLS
(2) a reduced royalty rate for projects located 
within a zone identified for development of solar or 
wind energy. 
(d) EXCLUSIVE
PAYMENT
ON
SALE
OF
ELEC-
TRICITY.—During the period of production, a royalty paid 
under subsection (a) shall be the only rent, royalty, or 
similar payment to the Federal Government required with 
respect to the sale of electricity produced under a lease. 
(e) ROYALTY RELIEF.—To promote the generation of 
renewable energy, the Secretaries may reduce any royalty 
otherwise required on a showing by clear and convincing 
evidence by the person holding a lease, right-of-way, per-
mit, or other authorization for the development of wind 
or solar energy on covered land under which the genera-
tion of energy is or will be produced in commercial quan-
tities that— 
(1) collection of the full royalty would unreason-
ably burden energy generation; and 
(2) the royalty reduction is in the public inter-
est. 
(f) PERIODIC REVIEW AND REPORT.— 
(1) IN GENERAL.—Not later than 5 years after 
the date of enactment of this Act and every 5 years 
thereafter, the Secretary, in consultation with the 
Secretary of Agriculture, shall— 
VerDate Sep 11 2014 
21:08 Jun 05, 2015
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2663.IH
H2663
srobinson on DSK5SPTVN1PROD with BILLS
(A) complete a review of collections and 
impacts of the royalty and fees provided under 
this subtitle; and 
(B) submit to the Committees on Energy 
and Natural Resources and Agriculture, Nutri-
tion, and Forestry of the Senate and the Com-
mittees on Natural Resources and Agriculture 
of the House of Representatives a report de-
scribing the results of the review. 
(2) TOPICS.—The report shall address— 
(A) the total revenues received (by cat-
egory) on an annual basis as royalties from 
wind, solar, and geothermal development and 
production (specified by energy source) on cov-
ered land; 
(B) whether the revenues received for the 
development of wind, solar, and geothermal de-
velopment are comparable to the revenues re-
ceived for similar development on State and pri-
vate land; 
(C) any impact on the development of 
wind, solar, and geothermal development and 
production on covered land as a result of the 
royalties; and 
VerDate Sep 11 2014 
21:08 Jun 05, 2015
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2663.IH
H2663
srobinson on DSK5SPTVN1PROD with BILLS
(D) any recommendations with respect to 
changes in Federal law (including regulations) 
relating to the amount or method of collection 
(including auditing, compliance, and enforce-
ment) of the royalties. 
(g) REGULATIONS.—Not later than 2 years after the 
date of enactment of this Act, the Secretaries shall jointly 
issue final regulations to carry out this section. 
SEC. 214. ENFORCEMENT OF ROYALTY AND PAYMENT PRO-
VISIONS. 
(a) DUTIES
OF
THE SECRETARY.—The Secretary 
shall establish a comprehensive inspection, collection, fis-
cal, and production accounting and auditing system— 
(1) to accurately determine royalties, interest, 
fines, penalties, fees, deposits, and other payments 
owed under this subtitle; and 
(2) to collect and account for the payments in 
a timely manner. 
(b) APPLICABILITY OF OTHER LAW.—The Federal 
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
1701 et seq.) (including the civil and criminal enforcement 
provisions of that Act) shall apply to leases, permits, 
rights-of-way, or other authorizations issued for the devel-
opment of solar or wind energy on covered land and the 
holders and operators of the leases, permits, rights-of-way, 
VerDate Sep 11 2014 
21:08 Jun 05, 2015
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2663.IH
H2663
srobinson on DSK5SPTVN1PROD with BILLS
SEC. 216. SEGREGATION FROM APPROPRIATION UNDER 
MINING AND FEDERAL LAND LAWS. 
(a) IN GENERAL.—On covered land identified by the 
Secretary or the Secretary of Agriculture for the develop-
ment of renewable energy projects under this subtitle or 
other applicable law, the Secretary or the Secretary of Ag-
riculture may temporarily segregate the identified land 
from appropriation under the mining and public land laws. 
(b) ADMINISTRATION.—Segregation of covered land 
under this section— 
(1) may only be made for a period not to exceed 
10 years; and 
(2) shall be subject to valid existing rights as 
of the date of the segregation. 
SEC. 217. STUDY AND REPORT ON CONSERVATION BANK-
ING. 
(a) STUDY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Secre-
taries shall carry out a study on the siting, develop-
ment, and management of projects to determine the 
feasibility of carrying out a conservation banking 
program on Federal land. 
(2) CONTENTS.—The study under paragraph 
(1) shall— 
(A) identify areas in which— 
VerDate Sep 11 2014 
21:08 Jun 05, 2015
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2663.IH
H2663
srobinson on DSK5SPTVN1PROD with BILLS
(i) privately owned land is not avail-
able to fully offset the impacts of solar or 
wind energy development on federally ad-
ministered land; or 
(ii) mitigation investments on Federal 
land are likely to provide greater conserva-
tion value for impacts of solar or wind en-
ergy development on federally administered 
land; and 
(B) examine— 
(i) the effectiveness of laws (including 
regulations) and policies in effect on the 
date of enactment of this Act in facili-
tating the development and effective oper-
ation of conservation banks; 
(ii) the advantages and disadvantages 
of using conservation banks on Federal 
land to mitigate impacts to natural re-
sources on State, tribal, and private land; 
and 
(iii) any changes in Federal law (in-
cluding regulations) or policy necessary to 
further develop a Federal conservation 
banking program. 
VerDate Sep 11 2014 
21:08 Jun 05, 2015
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2663.IH
H2663
srobinson on DSK5SPTVN1PROD with BILLS
(b) REPORT
TO CONGRESS.—Not later than 18 
months after the date of enactment of this Act, the Secre-
taries shall jointly submit to Congress a report that in-
cludes— 
(1) the recommendations of the Secretaries re-
lating to— 
(A) the most effective system for Federal 
land described in subsection (a)(2)(A) to meet 
the goals of facilitating the development of a 
conservation banking program on Federal land; 
and 
(B) any change to Federal law (including 
regulations) or policy necessary to address more 
effectively the siting, development, and manage-
ment of conservation banking programs on Fed-
eral land to mitigate impacts to natural re-
sources on State, tribal, and private land; and 
(2) any administrative action to be taken by the 
Secretaries in response to the recommendations. 
(c) AVAILABILITY TO THE PUBLIC.—Not later than 
30 days after the date on which the report described in 
subsection (b) is submitted to Congress, the Secretaries 
shall make the results of the study available to the public. 
VerDate Sep 11 2014 
21:08 Jun 05, 2015
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2663.IH
H2663
srobinson on DSK5SPTVN1PROD with BILLS
SEC. 218. APPLICABILITY OF LAW. 
Wind or solar generation projects with a capacity of 
20 megawatts or more that are issued a lease, right-of- 
way, permit, or other authorization under applicable law 
shall not be subject to the rental fee exemption for rights- 
of-way under section 504(g) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1764(g)). 
Æ 
VerDate Sep 11 2014 
21:08 Jun 05, 2015
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6301
E:\BILLS\H2663.IH
H2663
srobinson on DSK5SPTVN1PROD with BILLS