I 
114TH CONGRESS 
1ST SESSION H. R. 2663 
To promote the development of renewable energy on public land, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 4, 2015 
Mr. GOSAR (for himself, Mr. POLIS, Mr. HECK of Nevada, Mr. THOMPSON 
of California, Mr. FRANKS of Arizona, Mr. RUIZ, Mr. BENISHEK, Mr. 
CA´RDENAS, Mr. CARTWRIGHT, Mr. CRAMER, Ms. MICHELLE LUJAN 
GRISHAM of New Mexico, Mrs. KIRKPATRICK, Mr. LAMALFA, Mr. 
LOWENTHAL, Mr. BEN RAY LUJA´N of New Mexico, Mr. MCGOVERN, Mr. 
PEARCE, Mr. SALMON, Mr. SCHWEIKERT, Mr. SIMPSON, Ms. SINEMA, 
Mr. ZINKE, and Mr. HUFFMAN) introduced the following bill; which was 
referred to the Committee on Natural Resources, and in addition to the 
Committee on Agriculture, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To promote the development of renewable energy on public 
land, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Public Land Renewable Energy Development Act of 
2015’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—GEOTHERMAL ENERGY 
Sec. 101. Extension of funding for implementation of Geothermal Steam Act of 
1970. 
TITLE II—DEVELOPMENT OF GEOTHERMAL, SOLAR, AND WIND 
ENERGY ON PUBLIC LAND 
Subtitle A—Environmental Reviews and Permitting 
Sec. 201. Definitions. 
Sec. 202. Land use planning; supplements to programmatic environmental im-
pact statements. 
Sec. 203. Environmental review on covered land. 
Sec. 204. Program to improve renewable energy project permit coordination. 
Subtitle B—Revenues and Enforcement 
Sec. 211. Definitions. 
Sec. 212. Disposition of revenues. 
Sec. 213. Royalties. 
Sec. 214. Enforcement of royalty and payment provisions. 
Sec. 215. Enforcement. 
Sec. 216. Segregation from appropriation under mining and Federal land laws. 
Sec. 217. Study and report on conservation banking. 
Sec. 218. Applicability of law. 
TITLE I—GEOTHERMAL ENERGY 
SEC. 101. EXTENSION OF FUNDING FOR IMPLEMENTATION 
OF GEOTHERMAL STEAM ACT OF 1970. 
(a) IN GENERAL.—Section 234(a) of the Energy Pol-
icy Act of 2005 (42 U.S.C. 15873(a)) is amended by strik-
ing ‘‘in the first 5 fiscal years beginning after the date 
of enactment of this Act’’ and inserting ‘‘through fiscal 
year 2020’’. 
(b) AUTHORIZATION.—Section 234(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 15873(b)) is amended— 
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(1) by striking ‘‘Amounts’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—Amounts’’; and 
(2) by adding at the end the following: 
‘‘(2) AUTHORIZATION.—Effective for fiscal year 
2015 and each fiscal year thereafter, amounts de-
posited under subsection (a) shall be available to the 
Secretary of the Interior for expenditure, subject to 
appropriation and without fiscal year limitation, to 
implement the Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.) and this Act.’’. 
TITLE 
II—DEVELOPMENT 
OF 
GEOTHERMAL, 
SOLAR, 
AND 
WIND 
ENERGY 
ON 
PUBLIC 
LAND 
Subtitle A—Environmental 
Reviews and Permitting 
SEC. 201. DEFINITIONS. 
In this subtitle: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
(A) public land administered by the Sec-
retary; and 
(B) not excluded from the development of 
geothermal, solar, or wind energy under— 
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(i) a land use plan established under 
the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.); or 
(ii) other Federal law. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Bureau of Land Management. 
(3) EXCLUSION
AREA.—The term ‘‘exclusion 
area’’ means covered land that is identified by the 
Bureau of Land Management as not suitable for de-
velopment of renewable energy projects. 
(4) PRIORITY AREA.—The term ‘‘priority area’’ 
means covered land identified by the land use plan-
ning process of the Bureau of Land Management as 
being a preferred location for a renewable energy 
project. 
(5) RENEWABLE ENERGY PROJECT.—The term 
‘‘renewable energy project’’ means a project carried 
out on covered land that uses wind, solar, or geo-
thermal energy to generate energy. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) VARIANCE
AREA.—The term ‘‘variance 
area’’ means covered land that is— 
(A) not an exclusion area; and 
(B) not a priority area. 
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(A) review the adequacy of land allocations 
for geothermal, solar, and wind energy priority 
and variance areas; and 
(B) based on the review carried out under 
subparagraph (A), add, modify, or eliminate 
priority and variance areas. 
(b) COMPLIANCE WITH THE NATIONAL ENVIRON-
MENTAL POLICY ACT.—For purposes of this section, com-
pliance with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall be accomplished— 
(1) for geothermal energy, by supplementing 
the October 2008 final programmatic environmental 
impact statement for geothermal leasing in the west-
ern United States; 
(2) for solar energy, by supplementing the July 
2012 final programmatic environmental impact 
statement for solar energy projects; and 
(3) for wind energy, by supplementing the July 
2005 final programmatic environmental impact 
statement for wind energy projects. 
(c) NO EFFECT ON PROCESSING APPLICATIONS.—A 
requirement to prepare a supplement to a programmatic 
environmental impact statement under this section shall 
not result in any delay in processing an application for 
a renewable energy project. 
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(d) COORDINATION.—In developing a supplement re-
quired by this section, the Secretary shall coordinate, on 
an ongoing basis, with appropriate State, tribal, and local 
governments, transmission infrastructure owners and op-
erators, developers, and other appropriate entities to en-
sure that priority areas identified by the Secretary are— 
(1) economically viable (including having access 
to transmission); 
(2) likely to avoid or minimize conflict with 
habitat for animals and plants, recreation, and other 
uses of covered land; and 
(3) consistent with local planning efforts. 
(e) REMOVAL FROM CLASSIFICATION.—In carrying 
out subsections (a), (b), and (c), if the Secretary deter-
mines an area previously suited for development should 
be removed from priority or variance classification, not 
later than 90 days after the date of the determination, 
the Secretary shall submit to Congress a report on the 
determination. 
SEC. 203. ENVIRONMENTAL REVIEW ON COVERED LAND. 
(a) IN GENERAL.—If the Director determines that a 
proposed renewable energy project has been sufficiently 
analyzed by a programmatic environmental impact state-
ment conducted under section 202(b), the head of the ap-
plicable Federal agency shall not require any additional 
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review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
(b) ADDITIONAL ENVIRONMENTAL REVIEW.—If the 
Director determines that additional environmental review 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) is necessary for a proposed renewable 
energy project, the head of the applicable Federal agency 
shall rely on the analysis in the programmatic environ-
mental impact statement conducted under section 202(b), 
to the maximum extent practicable when analyzing the po-
tential impacts of the project. 
SEC. 204. PROGRAM TO IMPROVE RENEWABLE ENERGY 
PROJECT PERMIT COORDINATION. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a program to improve Federal permit coordination with 
respect to renewable energy projects on covered land. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall enter into a memorandum of understanding for 
purposes of this section with— 
(A) the Secretary of Agriculture; 
(B) the Administrator of the Environ-
mental Protection Agency; and 
(C) the Chief of Engineers. 
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(2) STATE
PARTICIPATION.—The Secretary 
may request the Governor of any interested State to 
be a signatory to the memorandum of understanding 
under paragraph (1). 
(c) INTERAGENCY COORDINATION.—The Secretary 
shall establish an ombudsperson in the Office of the Sec-
retary, who shall be responsible for resolving interagency 
disputes between 2 or more of the following agencies: 
(1) The United States Fish and Wildlife Serv-
ice. 
(2) The National Park Service. 
(3) The Bureau of Land Management. 
(d) VARIANCE AREAS.— 
(1) IN GENERAL.—In carrying out subsections 
(b) and (c), the heads of the Federal agencies de-
scribed in those subsections shall consider entering 
into agreements and memoranda of understanding 
to expedite the environmental analysis of applica-
tions for projects proposed on covered land deter-
mined by the Secretary to be a variance area under 
section 202. 
(2) AVAILABILITY
FOR
RENEWABLE
ENERGY 
PROJECT DEVELOPMENT.—To the maximum extent 
practicable, the variance areas described in para-
graph (1) shall be made available for renewable en-
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ergy project development, after completion of an en-
vironmental impact statement or similar analysis re-
quired under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), and subject to the 
policies and procedures set forth by the Secretary 
for evaluating variance applications in the pro-
grammatic environmental impact statement de-
scribed in section 202(b). 
(e) DESIGNATION OF QUALIFIED STAFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the memorandum of under-
standing under subsection (b) is executed, all Fed-
eral signatories, as appropriate, shall assign to each 
of the field offices described in subsection (f) an em-
ployee who has expertise in the regulatory issues re-
lating to the office in which the employee is em-
ployed, including, as applicable, particular expertise 
in— 
(A) consultation regarding, and prepara-
tion of, biological opinions under section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536); 
(B) permits under section 404 of Federal 
Water Pollution Control Act (33 U.S.C. 1344); 
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(C) regulatory matters under the Clean Air 
Act (42 U.S.C. 7401 et seq.); 
(D) planning under section 14 of the Na-
tional Forest Management Act of 1976 (16 
U.S.C. 472a); 
(E) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); 
(F) the Migratory Bird Treaty Act (16 
U.S.C. 703 et seq.); and 
(G) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(2) DUTIES.—Each employee assigned under 
paragraph (1) shall— 
(A) not later than 90 days after the date 
of assignment, report to field managers of the 
Bureau of Land Management in the office to 
which the employee is assigned; 
(B) be responsible for all issues relating to 
the jurisdiction of the home office or agency of 
the employee; and 
(C) participate as part of the team of per-
sonnel working on proposed energy projects, 
planning, monitoring, inspection, enforcement, 
and environmental analyses. 
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(f) FIELD OFFICES.—The field offices referred to in 
subsection (e)(1) shall include field offices of the Bureau 
of Land Management in, at a minimum, the States of Ari-
zona, California, Colorado, Idaho, Montana, Nevada, New 
Mexico, Oregon, Utah, Washington, and Wyoming. 
(g) ADDITIONAL PERSONNEL.—The Secretary shall 
assign to each field office described in subsection (f) such 
additional personnel as are necessary to ensure the effec-
tive implementation of any programs administered by the 
field offices, including inspection and enforcement relating 
to renewable energy project development on covered land, 
in accordance with the multiple use mandate of the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.). 
(h) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than February 1 
of the first fiscal year beginning after the date of en-
actment of this Act, and each February 1 thereafter, 
the Secretary shall submit to the Chairperson and 
Ranking Member of the Committee on Energy and 
Natural Resources of the Senate and the Committee 
on Natural Resources of the House of Representa-
tives a report describing the progress made pursuant 
to the program under this subtitle during the pre-
ceding year. 
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(2) INCLUSIONS.—Each report under this sub-
section shall include— 
(A) projections for renewable energy pro-
duction and capacity installations; and 
(B) a description of any problems relating 
to leasing, permitting, siting, or production. 
Subtitle B—Revenues and 
Enforcement 
SEC. 211. DEFINITIONS. 
In this subtitle: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
(A)(i) public land administered by the Sec-
retary; or 
(ii) National Forest System land adminis-
tered by the Secretary of Agriculture; and 
(B) not excluded from the development of 
solar or wind energy under— 
(i) a final land use plan established 
under the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et 
seq.); 
(ii) a final land use plan established 
under the National Forest Management 
Act of 1976 (16 U.S.C. 1600 et seq.); or 
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(iii) other Federal law. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) land of the National Forest System (as 
defined in section 11(a) of the Forest and 
Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1609(a))); or 
(B) public land. 
(3) FUND.—The term ‘‘Fund’’ means the Re-
newable Energy Resource Conservation Fund estab-
lished by section 212(c)(1). 
(4) PUBLIC
LAND.—The term ‘‘public land’’ 
has the meaning given the term ‘‘public lands’’ in 
section 103 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702). 
(5) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) in the case of public land administered 
by the Secretary, the Secretary; and 
(B) in the case of National Forest System 
land administered by the Secretary of Agri-
culture, the Secretary of Agriculture. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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SEC. 212. DISPOSITION OF REVENUES. 
(a) DISPOSITION OF REVENUES.—Without further 
appropriation or fiscal year limitation, of the amounts col-
lected as bonus bids, royalties, rentals, fees, or other pay-
ments under a right-of-way, permit, lease, or other author-
ization for the development of wind or solar energy on cov-
ered land— 
(1) 25 percent shall be paid by the Secretary of 
the Treasury to the State within the boundaries of 
which the revenue is derived; 
(2) 25 percent shall be paid by the Secretary of 
the Treasury to the 1 or more counties within the 
boundaries of which the revenue is derived, to be al-
located among the counties based on the percentage 
of land from which the revenue is derived; 
(3) to be deposited in the Treasury and be 
made available to the Secretary to carry out the pro-
gram established by section 204, including the trans-
fer of the funds by the Bureau of Land Management 
to other Federal agencies and State agencies to fa-
cilitate the processing of renewable energy permits 
on Federal land, with priority given to using the 
amounts, to the maximum extent practicable, to re-
ducing the backlog of renewable energy permits that 
have not been processed in the State from which the 
revenues are derived— 
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(A) 15 percent for each of fiscal years 
2015 through 2030; 
(B) 14 percent for fiscal year 2031; 
(C) 13 percent for fiscal year 2032; 
(D) 12 percent for fiscal year 2033; 
(E) 11 percent for fiscal year 2034; and 
(F) 10 percent for fiscal year 2035 and 
each fiscal year thereafter; and 
(4) to be deposited in the Renewable Energy 
Resource Conservation Fund established by sub-
section (c)— 
(A) 35 percent for each of fiscal years 
2015 through 2030; 
(B) 36 percent for fiscal year 2031; 
(C) 37 percent for fiscal year 2032; 
(D) 38 percent for fiscal year 2033; 
(E) 39 percent for fiscal year 2034; and 
(F) 40 percent for fiscal year 2035 and 
each fiscal year thereafter. 
(b) PAYMENTS TO STATES AND COUNTIES.— 
(1) IN GENERAL.—Amounts paid to States and 
counties under subsection (a) shall be used con-
sistent with section 35 of the Mineral Leasing Act 
(30 U.S.C. 191). 
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or other authorizations (and designees) under this subtitle, 
except that in applying that Act— 
(1) ‘‘wind or solar leases, permits, rights-of- 
way, or other authorizations’’ shall be substituted 
for ‘‘oil and gas leases’’; 
(2) ‘‘electricity generated from wind or solar re-
sources’’ shall be substituted for ‘‘oil and gas’’ 
(when used as nouns); 
(3) ‘‘lease, permit, right-of-way, or other au-
thorization for the development of wind or solar en-
ergy’’ shall be substituted for ‘‘lease’’ and ‘‘lease for 
oil and gas’’ (when used as nouns); and 
(4) ‘‘lessee, permittee, right-of-way holder, or 
holder of an authorization for the development of 
wind or solar energy’’ shall be substituted for ‘‘les-
see’’. 
SEC. 215. ENFORCEMENT. 
(a) IN GENERAL.—Sections 302(c) and 303 of the 
Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1732(c), 1733) shall apply to activities conducted 
on covered land under this subtitle. 
(b) APPLICABILITY OF OTHER ENFORCEMENT PRO-
VISIONS.—Nothing in this subtitle reduces or limits the 
enforcement authority vested in the Secretary or the At-
torney General by any other law. 
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