IB 
Union Calendar No. 231 
115TH CONGRESS 
1ST SESSION 
H. R. 825 
[Report No. 115–321, Part I] 
To promote the development of renewable energy on public land, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2017 
Mr. GOSAR (for himself, Mr. POLIS, Mr. FRANKS of Arizona, Mr. THOMPSON 
of California, Mr. AMODEI, Mr. BIGGS, Mr. CARTWRIGHT, Mrs. COM-
STOCK, Mr. COOK, Mr. COSTA, Mr. DEFAZIO, Ms. DELBENE, Mr. GRI-
JALVA, Mr. HUFFMAN, Mr. LABRADOR, Mr. LAMALFA, Mr. LOWENTHAL, 
Mr. PERLMUTTER, Mr. SCHRADER, Mr. SCHWEIKERT, Ms. SINEMA, Mr. 
TIPTON, and Mr. PEARCE) introduced the following bill; which was re-
ferred 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 
SEPTEMBER 21, 2017 
Additional sponsors: Mr. CA´RDENAS, Mr. BEN RAY LUJA´N of New Mexico, 
Mr. JODY B. HICE of Georgia, Ms. ROSEN, Mrs. LOVE, Mr. BROWN of 
Maryland, Ms. DEGETTE, Ms. TSONGAS, Mr. KIHUEN, Mr. MCGOVERN, 
Mr. TED LIEU of California, Mrs. NAPOLITANO, Ms. TITUS, Mr. 
VALADAO, Mr. CURBELO of Florida, Mr. DENHAM, and Mr. ZELDIN 
SEPTEMBER 21, 2017 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 21, 2017 
The Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on February 2, 2017] 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Land Renewable 
Energy Development Act of 2017’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(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— 
(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) 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. 
(3) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) land of the National Forest System (as 
defined in section 11(a) of the Forest and Range-
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
land Renewable Resources Planning Act of 1974 
(16 U.S.C. 1609(a))); or 
(B) public land. 
(4) FUND.—The term ‘‘Fund’’ means the Renew-
able Energy Resource Conservation Fund established 
by section 7(c)(1). 
(5) 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. 
(6) PUBLIC LAND.—The term ‘‘public land’’ has 
the meaning given the term ‘‘public lands’’ in section 
103 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1702). 
(7) 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. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) VARIANCE AREA.—The term ‘‘variance area’’ 
means covered land that is— 
(A) not an exclusion area; 
(B) not a priority area; and 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
(C) identified by the Secretary as poten-
tially available for renewable energy development 
and could be approved without a plan amend-
ment, consistent with the principles of multiple 
use (as that term is defined in the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.)). 
SEC. 3. 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 
2022’’. 
(b) AUTHORIZATION.—Section 234(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 15873(b)) is amended— 
(1) by striking ‘‘Amounts’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Amounts’’; and 
(2) by adding at the end the following: 
‘‘(2) AUTHORIZATION.—Effective for fiscal year 
2018 and each fiscal year thereafter, amounts depos-
ited under subsection (a) shall be available to the Sec-
retary of the Interior for expenditure, without further 
appropriation or fiscal year limitation, to implement 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 
et seq.) and this Act.’’. 
SEC. 4. LAND USE PLANNING; SUPPLEMENTS TO PRO-
GRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENTS. 
(a) PRIORITY AREAS.— 
(1) IN GENERAL.—The Secretary, in consultation 
with the Secretary of Energy, shall establish priority 
areas on covered land for geothermal, solar, and wind 
energy projects. 
(2) DEADLINE.— 
(A) 
GEOTHERMAL
ENERGY.—For 
geo-
thermal energy, the Secretary shall establish pri-
ority areas as soon as practicable, but not later 
than 5 years, after the date of enactment of this 
Act. 
(B) SOLAR ENERGY.—For solar energy, the 
solar energy zones established by the 2012 west-
ern solar plan of the Bureau of Land Manage-
ment and any subsequent land use plan amend-
ments shall be considered to be priority areas for 
solar energy projects. 
(C) WIND ENERGY.—For wind energy, the 
Secretary shall establish priority areas as soon 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
as practicable, but not later than 3 years, after 
the date of enactment of this Act. 
(b) VARIANCE AREAS.—To the maximum extent prac-
ticable, variance areas shall be considered for renewable en-
ergy project development, consistent with the principles of 
multiple use (as defined in the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.)). 
(c) REVIEW AND MODIFICATION.—Not less frequently 
than once every 10 years, the Secretary shall— 
(1) review the adequacy of land allocations for 
geothermal, solar, and wind energy priority and vari-
ance areas for the purpose of encouraging new renew-
able energy development opportunities; and 
(2) based on the review carried out under para-
graph (1), add, modify, or eliminate priority, vari-
ance, and exclusion areas. 
(d) COMPLIANCE WITH
THE NATIONAL ENVIRON-
MENTAL POLICY ACT.—For purposes of this section, compli-
ance 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 im-
pact statement for geothermal leasing in the western 
United States and incorporating any additional re-
gional analyses that have been completed by Federal 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
agencies since the programmatic environmental im-
pact statement was finalized; 
(2) for solar energy, by supplementing the July 
2012 final programmatic environmental impact state-
ment for solar energy projects and incorporating any 
additional regional analyses that have been completed 
by Federal agencies since the programmatic environ-
mental impact statement was finalized; and 
(3) for wind energy, by supplementing the July 
2005 final programmatic environmental impact state-
ment for wind energy projects and incorporating any 
additional regional analyses that have been completed 
by Federal agencies since the programmatic environ-
mental impact statement was finalized. 
(e) NO EFFECT ON PROCESSING APPLICATIONS.—A re-
quirement to prepare a supplement to a programmatic en-
vironmental impact statement under this section shall not 
result in any delay in processing an application for a re-
newable energy project. 
(f) 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 oper-
ators, developers, and other appropriate entities to ensure 
that priority areas identified by the Secretary are— 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
(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 section 202 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1712), including subsection (c)(9) of that section (43 
U.S.C. 1712(c)(9)). 
(g) REMOVAL FROM CLASSIFICATION.—In carrying 
out subsections (a) through (e), if the Secretary determines 
an area previously suited for development should be re-
moved from priority or variance classification, not later 
than 90 days after the date of the determination, the Sec-
retary shall submit to Congress a report on the determina-
tion. 
SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND. 
(a) IN GENERAL.—If the Secretary determines that a 
proposed renewable energy project has been sufficiently ana-
lyzed by a programmatic environmental impact statement 
conducted under section 4(d), the Secretary shall not re-
quire any additional review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(b) ADDITIONAL ENVIRONMENTAL REVIEW.—If the 
Secretary determines that additional environmental review 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) is necessary for a proposed renewable 
energy project, the Secretary shall rely on the analysis in 
the programmatic environmental impact statement con-
ducted under section 4(d), to the maximum extent prac-
ticable when analyzing the potential impacts of the project. 
(c) RELATIONSHIP TO OTHER LAW.—Nothing in this 
section modifies or supersedes any requirement under appli-
cable law. 
SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY 
PROJECT PERMIT COORDINATION. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
program to improve Federal permit coordination with re-
spect to renewable energy projects on covered land. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall 
enter into a memorandum of understanding for pur-
poses of this section, including to specifically expedite 
the environmental analysis of applications for 
projects proposed in a variance area, with— 
(A) the Secretary of Agriculture; and 
(B) the Assistant Secretary of the Army for 
Civil Works. 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
(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) DESIGNATION OF QUALIFIED STAFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the memorandum of understanding 
under subsection (b) is executed, all Federal signato-
ries, as appropriate, shall identify for each of the Bu-
reau of Land Management Renewable Energy Coordi-
nation Offices an employee who has expertise in the 
regulatory issues relating to the office in which the 
employee is employed, including, as applicable, par-
ticular 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); 
(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); 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
(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) be responsible for addressing all issues 
relating to the jurisdiction of the home office or 
agency of the employee; and 
(B) participate as part of the team of per-
sonnel working on proposed energy projects, 
planning, monitoring, inspection, enforcement, 
and environmental analyses. 
(d) ADDITIONAL PERSONNEL.—The Secretary may as-
sign such additional personnel for the Bureau of Land 
Management Renewable Energy Coordination Offices as are 
necessary to ensure the effective implementation of any pro-
grams administered by the offices, including inspection and 
enforcement relating to renewable energy project develop-
ment on covered 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.). 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS
(e) RENEWABLE ENERGY COORDINATION OFFICES.— 
In carrying out the program established under subsection 
(a), the Secretary may— 
(1) establish additional Bureau of Land Manage-
ment Renewable Energy Coordination Offices; or 
(2) temporarily assign the qualified staff des-
ignated under subsection (c) to a State, district, or 
field office of the Bureau of Land Management to ex-
pedite the permitting of renewable energy projects. 
(f) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than February 1 of 
the first fiscal year beginning after the date of enact-
ment of this Act, and each February 1 thereafter, the 
Secretary shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Com-
mittee on Natural Resources of the House of Rep-
resentatives a report describing the progress made 
under the program established under subsection (a) 
during the preceding year. 
(2) INCLUSIONS.—Each report under this sub-
section shall include— 
(A) projections for renewable energy produc-
tion and capacity installations; and 
(B) a description of any problems relating 
to leasing, permitting, siting, or production. 
VerDate Sep 11 2014 
23:57 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H825.RH
H825
lotter on DSKBCFDHB2PROD with BILLS