I 
116TH CONGRESS 
1ST SESSION H. R. 3794 
To promote the development of renewable energy on public lands, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2019 
Mr. GOSAR (for himself, Mr. LEVIN of California, Mr. LAMALFA, Mr. 
LOWENTHAL, Mr. HUFFMAN, Mr. TIPTON, Mr. AMODEI, Mr. BEYER, Mr. 
BIGGS, Mr. BISHOP of Utah, Mr. CARTWRIGHT, Ms. DELBENE, Mrs. 
DINGELL, Mr. GAETZ, Ms. HAALAND, Mr. LUJA´N, Mr. NEWHOUSE, Mr. 
SCHWEIKERT, Mr. SIMPSON, Mr. STAUBER, Mr. STEWART, Mr. YOUNG, 
Mr. COOK, Mr. MARSHALL, and Mr. GIANFORTE) introduced the fol-
lowing bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committee on Agriculture, for a period to be sub-
sequently 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 
lands, 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. 
This Act may be cited as the ‘‘Public Land Renew-
able Energy Development Act of 2019’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Definitions. 
Sec. 4. Land use planning; supplements to programmatic environmental impact 
statements. 
Sec. 5. Environmental review on covered land. 
Sec. 6. Program to improve renewable energy project permit coordination. 
Sec. 7. Increasing economic certainty. 
Sec. 8. Limited grandfathering. 
Sec. 9. Renewable energy goal. 
Sec. 10. Disposition of revenues. 
Sec. 11. Promoting and enhancing development of geothermal energy. 
Sec. 12. Facilitation of coproduction of geothermal energy on oil and gas leases. 
Sec. 13. Noncompetitive leasing of adjoining areas for development of geo-
thermal resources. 
Sec. 14. Savings clause. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
(A) public lands 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. 
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(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 
Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1609(a))); or 
(B) public lands. 
(4) FUND.—The term ‘‘Fund’’ means the Re-
newable Energy Resource Conservation Fund estab-
lished by section 10(c)(1). 
(5) PRIORITY
AREA; 
DESIGNATED
LEASING 
AREAS.—The terms ‘‘priority area’’ and ‘‘Designated 
Leasing Areas’’ mean covered land identified by the 
land use planning process of the Bureau of Land 
Management as being a preferred location for a re-
newable energy project for solar, wind, or geo-
thermal energy. 
(6) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term 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. 
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(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 
(C) identified by the Secretary as poten-
tially available for renewable energy develop-
ment and could be approved without a plan 
amendment, 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. 4. LAND USE PLANNING; SUPPLEMENTS TO PRO-
GRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENTS. 
(a) PRIORITY AREAS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion 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 
priority areas as soon as practicable, but not 
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later than 5 years, after the date of the enact-
ment of this Act. 
(B) SOLAR
ENERGY.—For solar energy, 
solar Designated Leasing Areas, including the 
solar energy zones established by the 2012 
western solar plan of the Bureau of Land Man-
agement and any subsequent land use plan 
amendments, shall be considered to be priority 
areas for solar energy projects. The Secretary 
shall establish additional solar priority areas as 
soon as practicable, but not later than 3 years, 
after the date of the enactment of this Act. 
(C) WIND ENERGY.—For wind energy, the 
Secretary shall establish additional wind pri-
ority areas as soon as practicable, but not later 
than 3 years, after the date of the enactment 
of this Act. 
(b) VARIANCE AREAS.—To the maximum extent 
practicable, variance areas shall be considered for renew-
able energy project development, consistent with the prin-
ciples of multiple use (as defined in the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.)). 
(c) REVIEW AND MODIFICATION.—Not less than once 
every 5 years, the Secretary shall— 
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(1) review the adequacy of land allocations for 
geothermal, solar, and wind energy priority and vari-
ance areas for the purpose of encouraging new re-
newable 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, 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 
Western United States and incorporating any addi-
tional regional analyses that have been completed by 
Federal agencies since the programmatic environ-
mental impact statement was finalized; 
(2) for solar energy, by supplementing the July 
2012 final programmatic environmental impact 
statement for solar energy development and incor-
porating any additional regional analyses that have 
been completed by Federal agencies since the pro-
grammatic environmental impact statement was fi-
nalized; and 
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(3) for wind energy, by supplementing the July 
2005 final programmatic environmental impact 
statement for wind energy development and incor-
porating any additional regional analyses that have 
been completed by Federal agencies since the pro-
grammatic environmental impact statement was fi-
nalized. 
(e) NO EFFECT ON PROCESSING APPLICATIONS.— 
Any requirements to prepare a supplement to a pro-
grammatic environmental impact statement under this 
section shall not result in any delay in processing a pend-
ing application for a renewable 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 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 existing and/or planned transmission capacity); 
(2) likely to avoid or minimize conflict with 
habitat for animals and plants, recreation, cultural 
resources, and other uses of covered land; and 
(3) consistent with section 202 of the Federal 
Land Policy and Management Act of 1976 (43 
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U.S.C. 1712), including subsection (c)(9) of that 
section (43 U.S.C. 1712(c)(9)). 
SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND. 
(a) IN GENERAL.—If the Secretary determines that 
a proposed renewable energy project has been sufficiently 
analyzed by a programmatic environmental impact state-
ment conducted under section 4(d), the Secretary shall not 
require 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 
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 ap-
plicable law. 
SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY 
PROJECT PERMIT COORDINATION. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a national Renewable Energy Coordination Office and 
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State, district, or field offices with responsibility to estab-
lish and implement a program to improve Federal permit 
coordination with respect to renewable energy projects on 
covered land and other activities deemed necessary by the 
Secretary. In carrying out the program, the Secretary may 
temporarily assign qualified staff to Renewable Energy 
Coordination Offices to expedite the permitting of renew-
able energy projects. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall enter into a memorandum of under-
standing for purposes of this section, including to 
specifically expedite the environmental analysis of 
applications for projects proposed in a variance area 
or a priority area, with the Secretary of Defense and 
the Secretary of Agriculture. 
(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 under-
standing under subsection (b) is executed, all Fed-
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eral signatories, as appropriate, shall identify for 
each of the Bureau of Land Management Renewable 
Energy Coordination Offices one or more employees 
who have expertise in the regulatory issues relating 
to the office in which the employee is employed, in-
cluding, 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 the Fed-
eral 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) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); 
(E) the Migratory Bird Treaty Act (16 
U.S.C. 703 et seq.); 
(F) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
(G) implementation of the requirements of 
section 306108 of title 54, United States Code 
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(formerly known as section 106 of the National 
Historic Preservation Act); 
(H) planning under section 14 of the Na-
tional Forest Management Act of 1976 (16 
U.S.C. 472a); and 
(I) the Bald and Golden Eagle Protection 
Act (16 U.S.C. 668–668d). 
(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 
assign such additional personnel for the Bureau of Land 
Management Renewable Energy Coordination Offices as 
are necessary to ensure the effective implementation of 
any programs administered by the offices in accordance 
with the multiple use mandate of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.). 
(e) CLARIFICATION
OF EXISTING AUTHORITY.— 
Under section 307 of the Federal Land Policy and Man-
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agement Act of 1976 (43 U.S.C. 1737), the Bureau of 
Land Management may— 
(1) accept donations for the purposes of public 
lands management; and 
(2) accept donations from renewable energy 
companies working on public lands to help cover the 
costs of environmental reviews. 
(f) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than February 1 
of the first fiscal year beginning after the date of the 
enactment of this Act, and each February 1 there-
after, the Secretary shall submit to the Committee 
on Energy and Natural Resources of the Senate and 
the Committee on Natural Resources of the House 
of Representatives a report describing the progress 
made under the program established under sub-
section (a) during the preceding year. 
(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. 
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SEC. 7. INCREASING ECONOMIC CERTAINTY. 
(a) CONSIDERATIONS.—The Secretary is authorized 
to and shall consider acreage rental rates, capacity fees, 
and other recurring annual fees in total when evaluating 
existing rates paid for the use of Federal land by renew-
able energy projects. 
(b) INCREASES IN BASE RENTAL RATES.—Once a 
base rental rate is established upon the issuance of a 
right-of-way authorization, increases in the base rent shall 
be limited to the Implicit Price Deflator–Gross Domestic 
Product (IPD–GDP) index for the entire term of the 
right-of-way authorization. 
(c) REDUCTIONS
IN BASE RENTAL RATES.—The 
Secretary is authorized to reduce acreage rental rates and 
capacity fees, or both, for existing and new wind and solar 
authorizations if the Secretary determines— 
(1) that the existing rates— 
(A) exceed fair market value; 
(B) impose economic hardships; 
(C) limit commercial interest in a competi-
tive lease sale or right-of-way grant; or 
(D) are not competitively priced compared 
to other available land; or 
(2) that a reduced rental rate or capacity fee is 
necessary to promote the greatest use of wind and 
solar energy resources, especially those resources in-
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