(1) PILOT PROJECT.—The term ‘‘Pilot Project’’ 
means the pilot project to improve Federal renew-
able energy permit coordination established under 
section 3(a). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. PILOT PROJECT TO IMPROVE FEDERAL RENEW-
ABLE ENERGY PERMIT COORDINATION. 
(a) ESTABLISHMENT.—During the period of fiscal 
years 2009 through 2018, the Secretary shall establish 
and carry out a pilot project to improve Federal renewable 
energy permit coordination. 
(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. 
(2) STATE
PARTICIPATION.—The Secretary 
may request that the Governors of the States of Ari-
zona, California, Nevada, and Wyoming be signato-
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ries to the memorandum of understanding described 
in paragraph (1). 
(c) 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 signed, all Federal 
signatory parties shall, if appropriate, assign to each 
of the field offices specified in subsection (d) 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) the consultations and the preparation 
of biological opinions under section 7 of the En-
dangered 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); 
(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); and 
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(E) 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, and environmental analyses. 
(d) FIELD OFFICES.—The field offices referred to in 
subsection (c)(1) shall include offices in, at a minimum, 
the States of Arizona, California, Nevada, and Wyoming. 
(e) ADDITIONAL PERSONNEL.—The Secretary shall 
assign to each field office specified in subsection (d) any 
additional personnel that are necessary to ensure the ef-
fective implementation of— 
(1) the Pilot Project; and 
(2) other programs administered by the field of-
fices, including inspection and enforcement relating 
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to renewable energy development on Federal land, in 
accordance with the multiple use mandate of the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.). 
(f) DISTRIBUTION OF SOLAR AND WIND ENERGY 
RENTAL INCOME.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
through (5) and notwithstanding any other provision 
of law, for fiscal year 2009 and each fiscal year 
thereafter, of the amount of solar and wind energy 
rental income collected by the Bureau of Land Man-
agement (in lieu of depositing all of the income into 
the general fund of the Treasury)— 
(A) 50 percent shall be paid by the Sec-
retary of the Treasury to the 1 or more States 
within the boundaries of which the income is 
derived; 
(B) 25 percent shall be paid by the Sec-
retary of the Treasury to the 1 or more coun-
ties within which the income is derived; 
(C)(i) in the case of each of fiscal years 
2009 through 2018, 20 percent or $5,000,000, 
whichever is less, shall be deposited in a special 
fund in the Treasury, to be known as the ‘‘Re-
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newable Energy Permit Processing Improve-
ment Fund’’; and 
(ii) in the case of fiscal year 2019 and 
each fiscal year thereafter, 20 percent shall re-
main in the general fund of the Treasury; and 
(D) 5 percent shall be deposited in a spe-
cial fund in the Treasury, to be known as the 
‘‘Solar Energy Land Reclamation, Restoration, 
and Mitigation Fund’’. 
(2) VALUATION.—To determine the value of 
public land for the purpose of determining rental in-
come described in paragraph (1)— 
(A) the value of the public land used for 
solar energy projects shall be determined by the 
Bureau of Land Management based on statis-
tics of the National Agricultural Statistical 
Service; 
(B) the value of the public land used for 
wind energy projects shall be determined in ac-
cordance with the rental schedule established by 
the Secretary, acting through the Bureau of 
Land Management, in effect as of the date of 
enactment of this Act; and 
(C) the value of the public land used for 
geothermal energy projects shall be determined 
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in accordance with the Energy Policy Act of 
2005 (42 U.S.C. 15801 et seq.). 
(3) RENEWABLE ENERGY PERMIT PROCESSING 
IMPROVEMENT FUND.—Amounts in the Renewable 
Energy Permit Processing Improvement Fund estab-
lished under paragraph (1)(C)(i) shall be available to 
the Secretary for the coordination and processing of 
renewable energy permits required for renewable en-
ergy projects on Federal public land. 
(4) SOLAR ENERGY LAND RECLAMATION, RES-
TORATION, AND MITIGATION FUND.— 
(A) IN GENERAL.—Amounts in the Solar 
Energy Land Reclamation, Restoration, and 
Mitigation Fund under paragraph (1)(D) shall 
be available to the Secretary for the purpose 
of— 
(i) reclaiming and restoring public 
land used for the production of solar en-
ergy, including land used for ancillary fa-
cilities; and 
(ii) mitigating impacts on public land, 
including protecting other sensitive public 
land if the land used for solar or wind 
power generation cannot be adequately re-
stored without the use of funds made avail-
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able under this paragraph, as determined 
by the Secretary. 
(B) MAXIMUM AMOUNT.— 
(i) IN GENERAL.—The total amount 
of funds deposited in the Solar Energy 
Land Reclamation, Restoration, and Miti-
gation Fund under paragraph (1)(D) shall 
not exceed $50,000,000. 
(ii) SURPLUS AMOUNTS.—If the total 
amount of funds deposited in the Solar 
Energy Land Reclamation, Restoration, 
and Mitigation Fund under paragraph 
(1)(D) is $50,000,000, any additional 
amounts that would otherwise be deposited 
in the Fund under paragraph (1)(D) shall 
remain in the general fund of the Treas-
ury. 
(5) AVAILABILITY OF FUNDS.—Amounts under 
this subsection shall be available for expenditure in 
accordance with this subsection, without further ap-
propriation and without fiscal year limitation. 
(g) TRANSFER OF FUNDS.—For the purposes of co-
ordination and processing of renewable energy permits re-
quired for renewable energy projects on Federal public 
land under the administration of the Pilot Project offices 
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specified in subsection (d), the Secretary may authorize 
the expenditure or transfer of such funds as are necessary 
to— 
(1) the United States Fish and Wildlife Service; 
(2) the Bureau of Indian Affairs; 
(3) the Forest Service; 
(4) the Environmental Protection Agency; 
(5) the Corps of Engineers; and 
(6) the States of Arizona, California, Nevada, 
and Wyoming (for costs incurred by the States relat-
ing to the permitting process). 
(h) FEES.—During the period in which the Pilot 
Project is authorized, the Secretary shall not implement 
any regulation or initiate any rulemaking to enable an in-
crease in fees to recover additional costs relating to renew-
able energy permits required for renewable energy projects 
on Federal public land. 
(i) EFFECT ON OTHER AUTHORITY.—Nothing in this 
section affects— 
(1) the operation of any Federal or State law; 
or 
(2) any delegation of authority made by the 
head of a Federal agency the employees of which are 
participating in the Pilot Project. 
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(j) LENGTH OF LEASES FOR RENEWABLE ENERGY 
PROJECTS ON PUBLIC LAND.—The length of leases for 
renewable energy projects on public land carried out under 
this Act shall be determined in accordance with the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.). 
(k) REPORTS.—Not later than 3 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report that— 
(1) describes the results of the Pilot Project as 
of the date of the report; and 
(2) makes a recommendation to the President 
regarding whether the Pilot Project should be imple-
mented throughout the United States. 
(l) DEPOSIT AND USE OF GEOTHERMAL LEAVE REV-
ENUES.—Section 234 of the Energy Policy Act of 2005 
(42 U.S.C. 15873) is amended— 
(1) in the section heading, by striking ‘‘FOR 5 
FISCAL YEARS’’; and 
(2) in subsection (a), by striking ‘‘in the first 
5 fiscal years beginning after the date of enactment 
of this Act’’. 
Æ 
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