I 
119TH CONGRESS 
1ST SESSION H. R. 2301 
To promote the development of renewable energy on public land, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 24, 2025 
Mr. LEVIN 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 within 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. DEFINITIONS. 
In this Act: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
(A) Federal land; 
(B) not excluded from the development of 
geothermal, solar, or wind energy under— 
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(i) a land use plan; or 
(ii) other Federal law; and 
(C) not included in an area— 
(i) that is subject to the Desert Re-
newable Energy Conservation Plan devel-
oped by the California Energy Commis-
sion, the California Department of Fish 
and Wildlife, the Bureau of Land Manage-
ment, and the United States Fish and 
Wildlife Service; or 
(ii) for which the Secretary deter-
mines existing wind and solar energy land 
use planning meets or exceeds the stand-
ards established under section 3. 
(2) ENERGY
STORAGE
PROJECT.—The term 
‘‘energy storage project’’ means equipment that— 
(A) receives, stores, and delivers energy 
using batteries, compressed air, pumped hydro-
power, hydrogen storage (including hydrolysis), 
thermal energy storage, regenerative fuel cells, 
flywheels, capacitors, superconducting magnets, 
or other technologies identified by the Secretary 
of Energy; and 
(B) has a storage capacity of not less than 
5 kilowatt hours. 
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(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) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) public land; and 
(B) National Forest System lands adminis-
tered by the Department of Agriculture through 
the Forest Service where the Secretary has au-
thority to issue leases for the development and 
utilization of geothermal resources under sec-
tion 3 and section 15 of the Geothermal Steam 
Act of 1970 (30 U.S.C. 1002, 1014). 
(5) FUND.—The term ‘‘Fund’’ means the Re-
newable Energy Resource Conservation Fund estab-
lished by section 6(c)(1). 
(6) LAND
USE
PLAN.—The term ‘‘land use 
plan’’ means— 
(A) with respect to public land, a land use 
plan established under the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 
et seq.); and 
(B) with respect to National Forest Sys-
tem land, a land management plan approved, 
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amended, or revised under section 6 of the For-
est and Rangeland Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1604). 
(7) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
the term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(8) 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, including an area that is identified as a des-
ignated leasing area under the rule of the Bureau of 
Land Management entitled ‘‘Competitive Processes, 
Terms, and Conditions for Leasing Public Lands for 
Solar and Wind Energy Development and Technical 
Changes and Corrections’’ (81 Fed. Reg. 92122 
(December 19, 2016)) (or a successor regulation). 
(9) 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). 
(10) RENEWABLE
ENERGY
PROJECT.—The 
term ‘‘renewable energy project’’— 
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(A) means a project carried out on covered 
land that— 
(i) uses wind, solar, or geothermal en-
ergy to generate energy; or 
(ii) transmits electricity to support 
wind, solar, or geothermal energy genera-
tion; and 
(B) may include an associated energy stor-
age project. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
SEC. 2. UPDATING NATIONAL GOALS FOR RENEWABLE EN-
ERGY PRODUCTION ON FEDERAL LAND. 
Section 3104 of the Energy Act of 2020 (43 U.S.C. 
3004) is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘25’’ and inserting ‘‘60’’; 
and 
(B) by striking ‘‘2025’’ and inserting ‘‘De-
cember 31, 2030’’; and 
(2) by adding at the end the following: 
‘‘(c) UPDATE.—Not later than 18 months after the 
date of enactment of this subsection, the Secretary, in con-
sultation with the Secretary of Agriculture and the heads 
of other relevant Federal agencies, shall update the na-
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tional goals for renewable energy production on Federal 
land established under subsection (a).’’. 
SEC. 3. LAND USE PLANNING AND UPDATES TO PRO-
GRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENTS. 
(a) PRIORITY AREAS.— 
(1) ESTABLISHMENT OF PRIORITY AREAS; DES-
IGNATION OF AREAS ELIGIBLE FOR THE SUBMISSION 
OF RENEWABLE ENERGY PROJECT APPLICATIONS.— 
(A) IN GENERAL.—For purposes of renew-
able energy planning, the Secretary, consistent 
with the requirements described in subpara-
graph (B), shall— 
(i) designate areas on covered land eli-
gible for the submission of renewable en-
ergy project applications; and 
(ii) 
consider 
establishing 
priority 
areas on covered land for renewable energy 
projects. 
(B) REQUIREMENTS.—In carrying out ac-
tivities under clauses (i) and (ii) of subpara-
graph (A), the Secretary shall comply with— 
(i) the principles of multiple use (as 
defined in section 103 of the Federal Land 
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Policy and Management Act of 1976 (43 
U.S.C. 1702)); and 
(ii) the national goals for renewable 
energy production established under sec-
tion 3104 of the Energy Act of 2020 (43 
U.S.C. 3004), including the minimum pro-
duction goal described in subsection (b) of 
that section. 
(2) PRIORITY FOR CERTAIN APPLICATIONS.—In 
considering 
applications 
for 
renewable 
energy 
projects on covered land, with respect to an applica-
tion for a proposed renewable energy project on cov-
ered land that is to be carried out in a priority area, 
the Secretary shall— 
(A) prioritize the application to be carried 
out in any identified priority area; and 
(B) on approval of the application, provide 
to the applicant who submitted the application 
the opportunity to participate in any regional 
mitigation plan developed for the applicable pri-
ority area. 
(3) PROGRAMMATIC PLANNING.— 
(A) SOLAR
ENERGY.—As soon as prac-
ticable, but not later than 18 months after the 
Record of Decision titled ‘‘Approved Record of 
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Decision and Amendments/Record of Decision 
for Utility-Scale Solar Energy Development’’ 
dated December 2024 was issued, the Secretary 
shall consider establishing priority areas on cov-
ered land for Solar energy projects in the plan-
ning area (as defined in the Record of Deci-
sion). 
(B) WIND
ENERGY.—As soon as prac-
ticable, but not later than 1 year after the date 
of enactment of this Act, the Secretary shall 
initiate a review of the final programmatic En-
vironment Impact Statement referenced in the 
notice of availability entitled ‘‘Notice of Avail-
ability of the Final Programmatic Environ-
mental Impact Statement on Wind Energy De-
velopment on BLM–Administered Lands in the 
Western United States, Including Proposed 
Amendments to Selected Land Use Plans’’ (70 
Fed. Reg. 36651 (June 24, 2005)), that con-
siders establishment of wind application and 
priority areas on covered lands, and complete 
that review within 3 years of issuing a notice of 
intent. 
(b) REVIEW AND MODIFICATION.— 
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(1) IN GENERAL.—Subject to paragraph (2), 
not less frequently than once every 10 years, the 
Secretary shall— 
(A) after an opportunity for public com-
ment, review the adequacy of all land alloca-
tions for renewable energy projects for the pur-
poses of— 
(i) encouraging and facilitating new 
renewable energy projects; and 
(ii) consistent with a mitigation se-
quence of avoiding, minimizing, and com-
pensating for adverse impacts to other 
public uses and values of covered land, in-
cluding— 
(I) wildlife habitat; 
(II) species listed as threatened 
or endangered under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 
et seq.); 
(III) water resources; 
(IV) cultural resources; 
(V) recreational uses; 
(VI) land with wilderness charac-
teristics; 
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(VII) land with special manage-
ment designations; and 
(VIII) areas of Tribal impor-
tance; and 
(B) based on the review carried out under 
subparagraph (A), add, modify, or eliminate 
priority areas, exclusion areas, and areas on 
covered land open or closed to solar or wind en-
ergy right-of-way applications or to geothermal 
leasing. 
(2) LIMITATION.—Paragraph (1) shall not 
apply to any covered land that the Secretary deter-
mines, after seeking public input, is subject to an ex-
isting land use plan that meets the purposes de-
scribed in paragraph (1)(A). 
(3) REPORT.—If the Secretary determines, in 
an annual report required under subsection (g) of 
section 3102 of the Energy Act of 2020 (43 U.S.C. 
3002) (as redesignated by section 4(a)(1)), that the 
national goal for renewable energy production estab-
lished under subsection (a) of section 3104 of that 
Act (43 U.S.C. 3004), including the minimum pro-
duction goal established under subsection (b) of that 
section, may not be met, the Secretary shall act 
more frequently than otherwise required by this sec-
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tion to designate areas eligible for the submission of 
renewable energy project applications and establish 
additional priority areas for renewable energy 
projects. 
(c) COMPLIANCE WITH THE NATIONAL ENVIRON-
MENTAL POLICY ACT OF 1969.—For purposes of this sec-
tion, compliance with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) shall be accom-
plished— 
(1) for geothermal energy— 
(A) by updating the document entitled 
‘‘Final Programmatic Environmental Impact 
Statement for Geothermal Leasing in the West-
ern United States’’ and dated October 2008; 
and 
(B) by incorporating into the updated doc-
ument under subparagraph (A) any additional 
regional analyses completed by Federal agencies 
after the date on which the document described 
in that subparagraph was finalized; 
(2) for solar energy— 
(A) by updating the document entitled 
‘‘Final Programmatic Environmental Impact 
Statement (PEIS) for Solar Energy Develop-
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ment in Six Southwestern States’’ and dated 
July 2012; and 
(B) by incorporating into the updated doc-
ument under subparagraph (A) any additional 
regional analyses completed by Federal agencies 
after the date on which the document described 
in that subparagraph was finalized; and 
(3) for wind energy— 
(A) by updating the document entitled 
‘‘Final Programmatic Environmental Impact 
Statement on Wind Energy Development on 
BLM–Administered Lands in the Western 
United States’’ and dated June 2005; and 
(B) by incorporating into the updated doc-
ument under subparagraph (A) any additional 
regional analyses completed by Federal agencies 
after the date on which the document described 
in that subparagraph was finalized. 
(d) NO EFFECT ON PROCESSING SITE-SPECIFIC AP-
PLICATIONS.—Nothing in this section modifies any re-
quirement to conduct site-specific environmental reviews 
or process permits for proposed renewable energy projects 
during preparation of an updated programmatic environ-
mental impact statement, land use plan, or amendment 
to a land use plan. 
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(e) COORDINATION.—In developing any update re-
quired under this section, the Secretary shall coordinate, 
on an ongoing basis, with appropriate State, Tribal, and 
local governments, transmission infrastructure owners, op-
erators, and developers, renewable energy developers, and 
other appropriate entities to ensure that priority areas es-
tablished by the Secretary under this section take into ac-
count— 
(1) economic viability (including having access 
to existing or planned transmission lines); 
(2) consistency with a mitigation sequence to 
avoid, minimize, and compensate for impacts to— 
(A) fish, wildlife, or plants; 
(B) fish, wildlife, or plant habitat; 
(C) recreational uses; 
(D) land with wilderness characteristics; 
(E) land with special management designa-
tions; 
(F) cultural resources; 
(G) areas of Tribal importance; and 
(H) other uses of covered land; 
(3) feasibility of siting on previously disturbed 
land, including commercial and industrial land, mine 
land, and previously contaminated sites; and 
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(4) consistency 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)). 
(f) TRANSMISSION.—In carrying out this section, the 
Secretary shall— 
(1) determine whether adequate transmission 
exists for renewable energy projects on covered land; 
and 
(2) if a determination is made in the negative 
under paragraph (1), in coordination with the heads 
of other relevant Federal agencies, review existing 
land use plans to determine if amendments to those 
land use plans would be appropriate to support ade-
quate transmission capability. 
(g) INCENTIVES FOR RENEWABLE ENERGY DEVEL-
OPMENT IN PRIORITY AREAS.—The Secretary may estab-
lish, by regulation, incentives to be provided to individuals 
carrying out renewable energy projects in priority areas 
established under this section. 
SEC. 4. IMPROVING WIND AND SOLAR ENERGY PROJECT 
PERMITTING. 
(a) ROLE OF RENEWABLE ENERGY COORDINATION 
OFFICES.—Section 3102 of the Energy Act of 2020 (43 
U.S.C. 3002) is amended— 
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(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) PROCESSING OF WIND AND SOLAR ENERGY AP-
PLICATIONS.— 
‘‘(1) DELEGATION TO STATE RENEWABLE EN-
ERGY COORDINATION OFFICES.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, the Secretary may dele-
gate to a State Renewable Energy Coordination 
Office the authority to process applications for 
eligible projects proposed to be carried out on 
land managed by the Bureau of Land Manage-
ment in the applicable State. 
‘‘(B) ROLES
AND
RESPONSIBILITIES
OF 
MANAGERS.—For purposes of processing appli-
cations described in subparagraph (A), the 
manager of the applicable State Renewable En-
ergy Coordination Office— 
‘‘(i) shall have the authority to issue 
grants or leases for eligible projects; 
‘‘(ii) with the approval of the State 
Director of the applicable Bureau of Land 
Management State Office, may use other 
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employees in field and district offices of 
the applicable Bureau of Land Manage-
ment State Office, or hire additional ex-
perts, to assist with timely processing of 
applications, with the costs of hiring addi-
tional experts to be charged to applicants; 
and 
‘‘(iii) shall report to the State Direc-
tor of the applicable Bureau of Land Man-
agement State Office. 
‘‘(2) PROHIBITION
OF
DELEGATION
TO
EM-
PLOYEES OF FIELD OR DISTRICT OFFICES.—Except 
as provided in paragraph (1)(B)(ii), the Secretary 
may not delegate to employees of field or district of-
fices of the Bureau of Land Management the au-
thority to process applications for eligible projects 
proposed to be carried out on land managed by the 
Bureau of Land Management.’’. 
(b) COST RECOVERY AGREEMENTS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which an applicant submits a complete 
application for a right-of-way for a wind or solar en-
ergy project, including submission of the filing fee 
required under section 2804.12 of title 43, Code of 
Federal Regulations (or a successor regulation), the 
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Secretary shall provide a cost recovery agreement 
with respect to the application. 
(2) EFFECT.—Issuance of a cost recovery 
agreement under paragraph (1) and payment of cost 
recovery fees shall preclude any new claims to the 
use of the applicable covered land during any period 
in which the application is active. 
(3) CONFLICTS; STUDIES.— 
(A) CONFLICTS.—To be considered com-
plete under paragraph (1), an application de-
scribed in that paragraph shall address any 
known conflicts with respect to the use of the 
applicable covered land, as identified in sci-
entific literature or other studies. 
(B) 
ADDITIONAL
STUDIES.—Additional 
studies shall not be required for purposes of 
considering an application to be complete under 
paragraph (1). 
(c) ENVIRONMENTAL REQUIREMENTS.— 
(1) NOTICE OF INTENT.— 
(A) IN
GENERAL.—Not later than 180 
days after the date on which the agency notifies 
the applicant that the application to establish a 
right-of-way is complete, or a later date to be 
established by the Secretary under subpara-
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graph (B), if an environmental impact state-
ment is determined to be necessary, the Sec-
retary shall issue a notice of intent to prepare 
an environmental impact statement with respect 
to the application. 
(B) EXTENSION.—The Secretary shall es-
tablish a later date by which the notice under 
subparagraph (A) shall be issued, if the Sec-
retary determines that the 180-day period 
under that paragraph should be extended due 
to— 
(i) the application being considered a 
low priority under section 2804.35 of title 
43, Code of Federal Regulations (or a suc-
cessor regulation); 
(ii) project-specific circumstances, in-
cluding the need for further studies, mak-
ing the 180-day deadline insufficient; or 
(iii) the application not meeting the 
requirements for approval. 
(2) CATEGORICAL
EXCLUSION.—As the Sec-
retary determines to be appropriate, the Secretary 
may promulgate regulations providing that prelimi-
nary geotechnical work and meteorological moni-
toring relating to renewable energy projects shall be 
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categorically excluded from the requirements for an 
environmental assessment or environmental impact 
statement under section 1501.4 of title 40, Code of 
Federal Regulations (or a successor regulation). 
(d) PROCESSING PRIORITY.—In processing applica-
tions described in subsection (b)(1), the Secretary shall— 
(1) give priority to applications for renewable 
energy projects in priority areas; and 
(2) process applications for renewable energy 
projects in areas that are not priority areas in the 
order in which the applications are received. 
(e) USE OF COMPETITIVE PROCESS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall not use a competitive process for 
the review of an application described in subsection 
(b)(1), except— 
(A) in a case in which 2 or more appli-
cants file an application for the same site (or 
portions of the same site) not more than 15 
days apart; or 
(B) as otherwise established by the Sec-
retary through a subsequent rulemaking process 
delineating the instances in which the Secretary 
will use the competitive process. 
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(2) LIMITATION.—Paragraph (1) shall not 
apply to applications for competitive right-of-way 
leases in priority areas. 
SEC. 5. INCREASING ECONOMIC CERTAINTY. 
(a) RENTS AND FEES.— 
(1) IN GENERAL.—In determining rental rates 
and other fees for renewable energy project leases or 
right-of-way grants, the Secretary shall ensure that 
the total rental rates and other fees charged do not 
exceed the average amount charged for similar ac-
tivities on private land in the State or county in 
which the rental rates and other fees are charged. 
(2) INDIVIDUAL APPRAISALS NOT REQUIRED.— 
For purposes of determining rental rates for renew-
able energy projects, the Secretary— 
(A) shall not be required to conduct indi-
vidual appraisals; and 
(B) may use average cash rents included in 
the Pastureland Rents Survey prepared by the 
National Agricultural Statistics Service, as de-
termined for the 5-year period ending on the 
date on which the rental rate is determined. 
(3) INCREASES IN BASE RENTAL RATES.—After 
a base rental rate is established for a lease or right- 
of-way grant authorization for a renewable energy 
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project, any increase in the base rental rate shall be 
limited to the Implicit Price Deflator-Gross Product 
Index published by the Bureau of Economic Analysis 
of the Department of Commerce on the date of 
issuance of the lease or right-of way grant author-
ization. 
(4) CAPACITY FEES.—The Secretary may con-
sider charging a capacity fee for a renewable energy 
project only if the Secretary determines that capac-
ity fees are charged within the region or State in 
which the renewable energy project is carried out, as 
part of leaseholds on State or private land. 
(b) BONDS.—The Secretary shall adopt a process for 
establishing bond requirements for decommissioning re-
newable energy projects that— 
(1) do not establish a minimum per acre 
amount; and 
(2) are based on the difference between— 
(A) the estimated, site-specific net costs of 
reclamation of the covered land; and 
(B) the salvage value of materials available 
after decommissioning the renewable energy 
project. 
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