I 
115TH CONGRESS 
1ST SESSION H. R. 4426 
To reform Federal onshore and offshore fossil fuel leasing, exploration, and 
development; promote renewable energy on public lands; prepare for 
the impacts of climate change; increase industry accountability; improve 
returns to taxpayers for the development of Federal energy resources; 
and protect special places, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2017 
Mr. GRIJALVA (for himself, Mr. LOWENTHAL, Mr. BEYER, Mr. SOTO, Mrs. 
NAPOLITANO, Ms. TSONGAS, Mr. GOMEZ, Mr. HUFFMAN, Ms. 
BORDALLO, Mr. CONNOLLY, Ms. NORTON, Ms. BARRAGA´N, Ms. LEE, Mr. 
MCEACHIN, Ms. ESHOO, Ms. SCHAKOWSKY, Mr. POLIS, and Ms. ROY-
BAL-ALLARD) introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committees on 
Energy and Commerce, Transportation and Infrastructure, Agriculture, 
Education and the Workforce, Ways and Means, and Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To reform Federal onshore and offshore fossil fuel leasing, 
exploration, and development; promote renewable energy 
on public lands; prepare for the impacts of climate 
change; increase industry accountability; improve returns 
to taxpayers for the development of Federal energy re-
sources; and protect special places, and for other pur-
poses. 
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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 ‘‘Sustainable Energy 
Development Reform Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is the following: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—FAIR RETURN FOR TAXPAYERS 
Sec. 101. Onshore fossil fuel royalty rates. 
Sec. 102. Minimum bid amount. 
Sec. 103. Onshore oil and gas rental rates. 
Sec. 104. Surface disturbance and reclamation. 
Sec. 105. Penalties. 
Sec. 106. Royalty relief. 
Sec. 107. Revision of Royalty Policy Committee charter. 
Sec. 108. Royalty in kind. 
Sec. 109. Amendments to definitions. 
Sec. 110. Compliance reviews. 
Sec. 111. Liability for royalty payments. 
Sec. 112. Recordkeeping. 
Sec. 113. Adjustments and refunds. 
Sec. 114. Obligation period. 
Sec. 115. Tolling agreements and subpoenas. 
Sec. 116. Appeals. 
Sec. 117. Assessments. 
Sec. 118. Pilot project on automatic data transfer. 
Sec. 119. Penalty for late or incorrect reporting of data. 
Sec. 120. Required recordkeeping for natural gas plants. 
Sec. 121. Shared penalties. 
Sec. 122. Applicability to other minerals. 
Sec. 123. Entitlements. 
Sec. 124. Royalties on all extracted methane. 
TITLE II—ENCOURAGING DEVELOPMENT OF RENEWABLE 
ENERGY 
Subtitle A—Environmental Reviews and Permitting 
Sec. 201. Definitions. 
Sec. 202. Renewable energy goal. 
Sec. 203. Coordination. 
Sec. 204. Land use planning; supplements to programmatic environmental im-
pact statements. 
Sec. 205. Environmental review on covered land. 
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Sec. 206. Program to improve renewable energy project permit coordination. 
Sec. 207. Disposition of revenues. 
Sec. 208. Study and report on conservation banking. 
Sec. 209. Brownfields. 
Subtitle B—Geothermal Energy 
Sec. 221. Reauthorization of Geothermal Steam Act of 1970. 
Sec. 222. National goal for geothermal energy. 
Sec. 223. Facilitation of coproduction of geothermal energy on oil and gas 
leases. 
Sec. 224. Noncompetitive leasing for geothermal. 
Sec. 225. Report to Congress. 
Subtitle C—Offshore Renewable Energy 
Sec. 231. Wind leasing amendments. 
Sec. 232. Report to Congress. 
TITLE III—PREPARING AND MANAGING FOR CLIMATE CHANGE 
Sec. 301. Energy development policy. 
Sec. 302. Preparing for climate change. 
Sec. 303. GHG inventory. 
Sec. 304. Terrestrial carbon sequestration pilot program. 
Sec. 305. Federal lands adaptation. 
Sec. 306. Public Lands Service Corps. 
Sec. 307. Coastal State climate change planning. 
TITLE IV—ONSHORE OIL AND GAS REFORM 
Subtitle A—Leasing Reforms 
Sec. 401. Leasing process. 
Sec. 402. Transparency and landowner protections. 
Sec. 403. Lease stipulations. 
Sec. 404. Master leasing plans. 
Sec. 405. Parcel review. 
Sec. 406. Acreage limitations. 
Sec. 407. Land management. 
Sec. 408. Oil shale. 
Subtitle B—Permitting Reforms 
Sec. 411. Categorical exclusions. 
Sec. 412. Permitting deadline. 
Sec. 413. Abandoned and orphaned wells. 
Sec. 414. Online publication of notices of staking and applications for permits 
to drill. 
Sec. 415. Having open access to relevant data. 
Subtitle C—Operational Reforms 
Sec. 421. Best management practices. 
Sec. 422. Inspection fee. 
Sec. 423. Protection of water resources. 
Sec. 424. Methane emissions. 
Sec. 425. Fracking regulation on Federal lands. 
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Sec. 426. Closing loopholes. 
Sec. 427. Transparency in management of leases. 
Sec. 428. Lease cancellation for improper issuance. 
Sec. 429. Protecting National Parks and Wildlife Refuges. 
TITLE V—OFFSHORE OIL AND GAS REFORMS 
Subtitle A—Regional Coordination and Planning 
Sec. 501. Definitions. 
Sec. 502. Regional coordination. 
Sec. 503. Regional Coordination Councils. 
Sec. 504. Regional strategic plans. 
Sec. 505. Regulations. 
Sec. 506. Ocean Resources Conservation and Assistance (ORCA) Fund. 
Sec. 507. Waiver. 
Subtitle B—Outer Continental Shelf Lands Act Amendments 
Sec. 511. National policy for the Outer Continental Shelf. 
Sec. 512. OCS leasing standard. 
Sec. 513. OCS leasing procedures. 
Sec. 514. Funding. 
Sec. 515. Exploration plans. 
Sec. 516. 5-year programs. 
Sec. 517. Environmental studies. 
Sec. 518. Inspections and certifications. 
Sec. 519. Petitions. 
Subtitle C—Other Provisions 
Sec. 521. Contractor liability. 
Sec. 522. Area-wide leasing. 
Sec. 523. Frontier areas. 
Sec. 524. Strengthening coastal State oil spill planning and response. 
Sec. 525. Repeal of limitation on liability for offshore facilities. 
Sec. 526. Evidence of financial responsibility for offshore facilities. 
TITLE VI—COAL REFORMS 
Sec. 601. Powder River Basin. 
Sec. 602. Deductions. 
Sec. 603. Valuation. 
Sec. 604. Methane recovery. 
Sec. 605. Self-bonding. 
Sec. 606. Stream protection. 
Sec. 607. Certified States. 
Sec. 608. Economic redevelopment on abandoned mine lands. 
Sec. 609. Prohibition on blasting within one mile of any occupied dwelling. 
Sec. 610. Coal Miners Pension Protection. 
TITLE VII—LAND MANAGEMENT AND SCIENCE 
Sec. 701. ANWR. 
Sec. 702. Land management standard. 
Sec. 703. Geological and geophysical data. 
Sec. 704. Land and Water Conservation Fund. 
Sec. 705. Mitigation. 
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TITLE I—FAIR RETURN FOR 
TAXPAYERS 
SEC. 101. ONSHORE FOSSIL FUEL ROYALTY RATES. 
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended— 
(1) in section 7, by striking ‘‘121⁄2’’ and insert-
ing ‘‘18.75’’; 
(2) in section 17, by— 
(A) striking ‘‘12.5’’ each place such term 
appears and inserting ‘‘18.75’’; and 
(B) striking ‘‘121⁄2’’ each place such term 
appears and inserting ‘‘18.75’’; and 
(3) in section 31(e), by striking ‘‘162⁄3’’ both 
places such term appears and inserting ‘‘25’’. 
SEC. 102. MINIMUM BID AMOUNT. 
Section 17 of the Mineral Leasing Act (30 U.S.C. 
226) is amended— 
(1) in subsection (b)(1)(B)— 
(A) by striking ‘‘$2 per acre’’ and insert-
ing ‘‘$5 per acre, except as otherwise provided 
by this paragraph’’; and 
(B) by striking ‘‘for a period of 2 years 
from the date of enactment of the Federal On-
shore Oil and Gas Leasing Reform Act of 
1987’’; 
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(2) in subsection (b)(2)(C), by striking ‘‘$2 per 
acre’’ and inserting ‘‘$5 per acre’’; and 
(3) by adding at the end the following: 
‘‘(q) 
INFLATION
ADJUSTMENT.—The 
Secretary 
shall— 
‘‘(1) by regulation, at least once every 4 years, 
adjust each of the dollar amounts that apply under 
subsections (b)(1)(B), (b)(2)(C), and (d) to reflect 
the change in the Consumer Price Index for All 
Urban Consumers published by the Bureau of Labor 
Statistics; and 
‘‘(2) publish each such regulation in the Fed-
eral Register.’’. 
SEC. 103. ONSHORE OIL AND GAS RENTAL RATES. 
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended— 
(1) in section 17(d)— 
(A) by striking ‘‘$1.50 per acre’’ and in-
serting ‘‘$3 per acre’’; and 
(B) by striking ‘‘$2 per acre’’ and insert-
ing ‘‘$5 per acre’’; and 
(2) in section 31(e), by striking ‘‘$10’’ and in-
serting ‘‘$20’’. 
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SEC. 104. SURFACE DISTURBANCE AND RECLAMATION. 
Section 17(g) of the Mineral Leasing Act (30 U.S.C. 
226(g)) is amended to read as follows: 
‘‘(g) REGULATION OF SURFACE-DISTURBING ACTIVI-
TIES; APPROVAL OF PLAN OF OPERATIONS; BOND OR 
SURETY; FAILURE TO COMPLY WITH RECLAMATION RE-
QUIREMENTS
AS BARRING LEASE; OPPORTUNITY TO 
COMPLY
WITH
REQUIREMENTS; STANDARDS; MONI-
TORING.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) INTERIM RECLAMATION PLAN.—The 
term ‘Interim Reclamation Plan’ means an on-
going plan specifying reclamation steps to be 
taken on all disturbed areas covered by any 
lease issued under this Act that are not needed 
for active operations. Such Interim Reclamation 
Plans shall be reviewed by the relevant Sec-
retary at regular intervals and shall be amend-
ed as warranted, subject to the approval of the 
relevant Secretary. 
‘‘(B) FINAL
RECLAMATION
PLAN.—The 
term ‘Final Reclamation Plan’ includes a de-
tailed description of all reclamation activity to 
be conducted for all disturbed areas covered by 
a lease issued under this Act prior to final 
abandonment. Final Reclamation Plans shall in-
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clude reclamation of all locations, facilities, 
trenches, rights-of-way, roads and any other 
surface disturbance on lands covered by the 
lease. 
‘‘(2) IN GENERAL.—The Secretary of the Inte-
rior, or for National Forest lands, the Secretary of 
Agriculture, shall regulate all surface-disturbing ac-
tivities conducted pursuant to any lease issued under 
this Act, and shall determine reclamation and other 
actions as required in the interest of conservation of 
surface resources. 
‘‘(3) RECLAMATION PLANS REQUIRED.— 
‘‘(A) APPLICATIONS
FOR
PERMITS
TO 
DRILL.—Each application for a permit to drill 
submitted to the Secretary pursuant to this Act 
shall include both an Interim Reclamation Plan 
and a Final Reclamation Plan. 
‘‘(B) 
ANALYSIS
AND
APPROVAL
RE-
QUIRED.—No permit to drill on an oil and gas 
lease issued under this Act may be granted 
without the analysis and approval by the Sec-
retary concerned of both an interim reclamation 
plan and a final reclamation plan covering pro-
posed surface-disturbing activities within the 
lease area. 
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‘‘(C) PLANS OF OPERATIONS.—All Plans 
of Operations submitted and approved pursuant 
to this Act shall include an Interim Reclama-
tion Plan. 
‘‘(4) BONDING.— 
‘‘(A) IN
GENERAL.—The Secretary con-
cerned shall, by regulation, require that an ade-
quate bond, surety, or other financial arrange-
ment will be established prior to the commence-
ment of surface-disturbing activities on any 
lease, to ensure the complete and timely rec-
lamation of the lease tract, and the restoration 
of any lands or surface waters adversely af-
fected by lease operations after the abandon-
ment or cessation of oil and gas operations on 
the lease. The Secretary shall not issue a lease 
or leases or approve the assignment of any lease 
or leases under the terms of this section to any 
person, association, corporation, or any sub-
sidiary, affiliate, or person controlled by or 
under common control with such person, asso-
ciation, or corporation, during any period in 
which, as determined by the Secretary of the 
Interior or Secretary of Agriculture, such entity 
has failed or refused to comply in any material 
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respect with the reclamation requirements and 
other standards established under this section 
for any prior lease to which such requirements 
and standards applied. Prior to making such 
determination with respect to any such entity 
the concerned Secretary shall provide such enti-
ty with adequate notification and an oppor-
tunity to comply with such reclamation require-
ments and other standards and shall consider 
whether any administrative or judicial appeal is 
pending. Once the entity has complied with the 
reclamation requirement or other standard con-
cerned an oil or gas lease may be issued to such 
entity under this Act. 
‘‘(B) LIMITATION
ON
BONDS.—A bond, 
surety, or other financial arrangement described 
in subparagraph (A) shall not be adequate if it 
is less than— 
‘‘(i) $50,000, in the case of an ar-
rangement for an individual surface-dis-
turbing activity of an entity; 
‘‘(ii) $250,000, in the case of an ar-
rangement for all surface-disturbing activi-
ties of an entity in a State; or 
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‘‘(iii) $1,000,000, in the case of an ar-
rangement for all surface-disturbing activi-
ties of an entity in the United States. 
‘‘(C) ADJUSTMENTS FOR INFLATION.—In 
the application of subparagraph (B), the Secre-
taries concerned shall jointly at least once every 
three years adjust the dollar amounts in sub-
paragraph (B) to account for inflation. 
‘‘(5) STANDARDS.—The Secretary of the Inte-
rior and the Secretary of Agriculture shall, by regu-
lation, establish uniform standards for all Interim 
and Final Reclamation Plans. The goal of such 
plans shall be the restoration of the affected eco-
system to a condition approximating or equal to that 
which existed prior to the surface disturbance. Such 
standards shall include, but are not limited to, res-
toration of natural vegetation and hydrology, habitat 
restoration, salvage, storage and reuse of topsoils, 
erosion control, control of invasive species and nox-
ious weeds and natural contouring. 
‘‘(6) MONITORING.—The Secretary concerned 
shall not approve final abandonment and shall not 
release any bond required by this Act until the 
standards and requirement for final reclamation es-
tablished pursuant to this Act have been met.’’. 
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SEC. 105. PENALTIES. 
(a) MINERAL LEASING ACT.—Section 41 of the Min-
eral Leasing Act (30 U.S.C. 195) is amended— 
(1) in subsection (b), by striking ‘‘$500,000’’ 
and inserting ‘‘$1,000,000’’; and 
(2) in subsection (c), by striking ‘‘$100,000’’ 
and inserting ‘‘$250,000’’. 
(b) FEDERAL OIL AND GAS ROYALTY MANAGEMENT 
ACT OF 1982.—The Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1701 et seq.) is amend-
ed— 
(1) in section 109— 
(A) in subsection (a), by striking ‘‘$500’’ 
and inserting ‘‘$1,500’’; 
(B) in subsection (b), by striking ‘‘$5,000’’ 
and inserting ‘‘$15,000’’; 
(C) 
in 
subsection 
(c), 
by 
striking 
‘‘$10,000’’ and inserting ‘‘$25,000’’; and 
(D) 
in 
subsection 
(d), 
by 
striking 
‘‘$25,000’’ and inserting ‘‘$75,000’’; and 
(2) in section 110, by striking ‘‘$50,000’’ and 
inserting ‘‘$150,000’’. 
(c) OUTER CONTINENTAL SHELF LANDS ACT.— 
(1) 
CIVIL
PENALTY, 
GENERALLY.—Section 
24(b) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1350(b)) is amended to read as follows: 
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‘‘(b)(1) Except as provided in paragraph (2), any per-
son who fails to comply with any provision of this Act, 
or any term of a lease, license, or permit issued pursuant 
to this Act, or any regulation or order issued under this 
Act, shall be liable for a civil administrative penalty of not 
more than $75,000 for each day of the continuance of 
such failure. The Secretary may assess, collect, and com-
promise any such penalty. No penalty shall be assessed 
until the person charged with a violation has been given 
an opportunity for a hearing. The Secretary shall, by regu-
lation at least every 3 years, adjust the penalty specified 
in this paragraph to reflect any increases in the Consumer 
Price Index (all items, United States city average) as pre-
pared by the Department of Labor. 
‘‘(2) If a failure described in paragraph (1) con-
stitutes or constituted a threat of harm or damage to life 
(including fish and other aquatic life), property, any min-
eral deposit, or the marine, coastal, or human environ-
ment, a civil penalty of not more than $150,000 shall be 
assessed for each day of the continuance of the failure.’’. 
(2) KNOWING AND WILLFUL VIOLATIONS.—Sec-
tion 24(c) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1350(c)) is amended by striking 
‘‘$100,000’’ and inserting ‘‘$1,000,000’’. 
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(3) OFFICERS
AND
AGENTS
OF
CORPORA-
TIONS.—Section 24(d) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1350(d)) is amended by 
inserting ‘‘, or with willful disregard,’’ after ‘‘know-
ingly and willfully’’. 
SEC. 106. ROYALTY RELIEF. 
(a) GULF OF MEXICO ROYALTY RELIEF.—The fol-
lowing provisions of the Energy Policy Act of 2005 (42 
U.S.C. 15801 et seq.) are hereby repealed: 
(1) Section 344 (relating to incentives for nat-
ural gas production from deep wells in the shallow 
waters of the Gulf of Mexico). 
(2) Section 345 (relating to royalty relief for 
deep water production). 
(b) ALASKA ROYALTY RELIEF.— 
(1) PROVISIONS RELATING TO PLANNING AREAS 
OFFSHORE
ALASKA.—Section 8(a)(3)(B) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 
1337(a)(3)(B)) is amended by striking ‘‘and in the 
Planning Areas offshore Alaska’’ after ‘‘West lon-
gitude’’. 
(2) PROVISIONS RELATING TO NAVAL PETRO-
LEUM
RESERVE
IN
ALASKA.—Section 107 of the 
Naval Petroleum Reserves Production Act of 1976 is 
amended— 
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(A) in subsection (i), by striking para-
graphs (2) through (6); and 
(B) by striking subsection (k). 
SEC. 107. REVISION OF ROYALTY POLICY COMMITTEE 
CHARTER. 
Not later than one year after enactment of this Act, 
or March 29, 2019, whichever is earlier, the Secretary of 
the Interior shall revise the charter of the Royalty Policy 
Committee (as signed on March 29, 2017) to— 
(1) require that of the 6 members of such Com-
mittee who are representatives of the Governors of 
States, no more than 4 members may be representa-
tives of Governors of the same political party; 
(2) increase to 6 the number of members who 
are representatives of academia or public, of 
whom— 
(A) 2 members shall be representatives of 
academia; 
(B) 2 members shall be representatives of 
public interest groups; and 
(C) 2 members shall be representatives of 
nonprofit environmental groups; and 
(3) require that for a person to be eligible to 
serve as a member who is a representative of a per-
son who is a mineral stakeholder or energy stake-
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holder (or both) in Federal and Indian royalty pol-
icy, the employer of that member must release— 
(A) for the preceding 10-year period— 
(i) aggregated information on all Fed-
eral royalty payments made by the em-
ployer, by year and by commodity; 
(ii) conclusions from compliance re-
views and audits conducted by Federal or 
State revenue collection entities; and 
(iii) a description of all enforcement 
actions taken against the employer regard-
ing payment of Federal or State royalties; 
and 
(B) records of— 
(i) prices charged by the employer for 
sales of minerals to captive affiliates of the 
employer; and 
(ii) prices charged by such affiliates 
for subsequent resales of such minerals. 
SEC. 108. ROYALTY IN KIND. 
(a) ONSHORE OIL AND GAS LEASE ROYALTIES.— 
Section 36 of the Mineral Leasing Act (30 U.S.C. 192) 
is amended in the first sentence by inserting ‘‘, except that 
the Secretary may not demand such payments in oil or 
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gas greater than the amount necessary to fill the strategic 
petroleum reserve’’ after ‘‘paid in oil or gas’’. 
(b) OFFSHORE OIL AND GAS LEASE ROYALTIES.— 
Section 27(a)(1) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1353(a)) is amended by striking the period at 
the end and inserting ‘‘, except that the Secretary may 
not demand such payments in oil or gas greater than the 
amount necessary to fill the strategic petroleum reserve.’’. 
SEC. 109. AMENDMENTS TO DEFINITIONS. 
Section 3 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1702) is amended— 
(1) in paragraph (8), by striking the semicolon 
and inserting ‘‘, including the Act of October 20, 
1914 (38 Stat. 741), the Act of February 25, 1920 
(41 Stat. 437), the Act of April 17, 1926 (44 Stat. 
301), the Act of February 7, 1927 (44 Stat. 1057), 
and all Acts heretofore or hereafter enacted that are 
amendatory of or supplementary to any of the fore-
going Acts;’’; 
(2) in paragraph (20)(A), by striking ‘‘: Pro-
vided, That’’ and all that follows through ‘‘subject of 
the judicial proceeding’’; 
(3) in paragraph (20)(B), by striking ‘‘(with 
written notice to the lessee who designated the des-
ignee)’’; 
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(4) in paragraph (23)(A), by striking ‘‘(with 
written notice to the lessee who designated the des-
ignee)’’; 
(5) by striking paragraph (24) and inserting 
the following: 
‘‘(24) ‘designee’ means a person who pays, off-
sets, or credits monies, makes adjustments, requests 
and receives refunds, or submits reports with respect 
to payments a lessee must make pursuant to section 
102(a);’’; 
(6) in paragraph (25), in subparagraph (B)— 
(A) by striking ‘‘(subject to the provisions 
of section 102(a) of this Act)’’; and 
(B) in clause (ii), by striking subclause 
(IV) and all that follows through the end of the 
subparagraph and inserting the following: 
‘‘(IV) any assignment, 
that arises from or relates to any lease, 
easement, right-of-way, permit, or other 
agreement regardless of form administered 
by the Secretary for, or any mineral leas-
ing law related to, the exploration, produc-
tion, and development of oil and gas or 
other energy resource on Federal lands or 
the Outer Continental Shelf;’’; 
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(7) in paragraph (29), by inserting ‘‘or permit’’ 
after ‘‘lease’’; and 
(8) by striking ‘‘and’’ after the semicolon at the 
end of paragraph (32), by striking the period at the 
end of paragraph (33) and inserting a semicolon, 
and by adding at the end the following new para-
graphs: 
‘‘(34) ‘compliance review’ means a full-scope or 
a limited-scope examination of a lessee’s lease ac-
counts to compare one or all elements of the royalty 
equation (volume, value, royalty rate, and allow-
ances) against anticipated elements of the royalty 
equation to test for variances; and 
‘‘(35) ‘marketing affiliate’ means an affiliate of 
a lessee whose function is to acquire the lessee’s pro-
duction and to market that production.’’. 
SEC. 110. COMPLIANCE REVIEWS. 
Section 101 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1711) is amended by 
adding at the end the following new subsection: 
‘‘(d) The Secretary may, as an adjunct to audits of 
accounts for leases, utilize compliance reviews of accounts. 
Such reviews shall not constitute nor substitute for audits 
of lease accounts. Any disparity uncovered in such a com-
pliance review shall be immediately referred to a program 
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auditor. The Secretary shall, before completion of a com-
pliance review, provide notice of the review to designees 
whose obligations are the subject of the review.’’. 
SEC. 111. LIABILITY FOR ROYALTY PAYMENTS. 
Section 102(a) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1712(a)) is amended 
to read as follows: 
‘‘(a) In order to increase receipts and achieve effec-
tive collections of royalty and other payments, a lessee who 
is required to make any royalty or other payment under 
a lease, easement, right-of-way, permit, or other agree-
ment, regardless of form, or under the mineral leasing 
laws, shall make such payment in the time and manner 
as may be specified by the Secretary or the applicable dele-
gated State. Any person who pays, offsets, or credits mon-
ies, makes adjustments, requests and receives refunds, or 
submits reports with respect to payments the lessee must 
make is the lessee’s designee under this Act. Notwith-
standing any other provision of this Act to the contrary, 
a designee shall be liable for any payment obligation of 
any lessee on whose behalf the designee pays royalty under 
the lease. The person owning operating rights in a lease 
and a person owning legal record title in a lease shall be 
liable for that person’s pro rata share of payment obliga-
tions under the lease.’’. 
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SEC. 112. RECORDKEEPING. 
Section 103(b) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1712(a)) is amended 
by striking ‘‘6’’ and inserting ‘‘7’’. 
SEC. 113. ADJUSTMENTS AND REFUNDS. 
Section 111A of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1721a) is amend-
ed— 
(1) in subsection (a)(3), by inserting ‘‘(A)’’ after 
‘‘(3)’’, and by striking the last sentence and inserting the 
following: 
‘‘(B) Except as provided in subparagraph 
(C), no adjustment may be made with respect 
to an obligation that is the subject of an audit 
or compliance review after completion of the 
audit or compliance review, respectively, unless 
such adjustment is approved by the Secretary 
or the applicable delegated State, as appro-
priate. 
‘‘(C) If an overpayment is identified during 
an audit, the Secretary shall allow a credit in 
the amount of the overpayment.’’; 
(2) in subsection (a)(4)— 
(A) by striking ‘‘six-year’’ and inserting 
‘‘four-year’’; and 
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(B) by striking ‘‘shall’’ the first time such 
term appears and inserting ‘‘may’’; and 
(3) in subsection (b)(1) by striking ‘‘and’’ after 
the semicolon at the end of subparagraph (C), by 
striking the period at the end of subparagraph (D) 
and inserting ‘‘; and’’, and by adding at the end the 
following: 
‘‘(E) is made within the adjustment period 
for that obligation.’’. 
SEC. 114. OBLIGATION PERIOD. 
Section 115(c) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1724(c)) is amended 
by adding at the end the following new paragraph: 
‘‘(3) ADJUSTMENTS.—In the case of an adjust-
ment under section 111A(a) in which a recoupment 
by the lessee results in an underpayment of an obli-
gation, for purposes of this Act the obligation be-
comes due on the date the lessee or its designee 
makes the adjustment.’’. 
SEC. 115. TOLLING AGREEMENTS AND SUBPOENAS. 
(a) TOLLING AGREEMENTS.—Section 115(d)(1) of 
the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1724(d)(1)) is amended by striking ‘‘(with no-
tice to the lessee who designated the designee)’’. 
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(b) SUBPOENAS.—Section 115(d)(2)(A) of the Fed-
eral Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1724(d)(2)(A)) is amended by striking ‘‘(with no-
tice to the lessee who designated the designee, which notice 
shall not constitute a subpoena to the lessee)’’. 
SEC. 116. APPEALS. 
Section 115(h) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1724(h)) is amend-
ed— 
(1) in paragraph (1), in the heading, by strik-
ing ‘‘33-MONTH’’ and inserting ‘‘48-MONTH’’; 
(2) by striking ‘‘33 months’’ each place it ap-
pears and inserting ‘‘48 months’’; and 
(3) by striking ‘‘33-month’’ each place it ap-
pears and inserting ‘‘48-month’’. 
SEC. 117. ASSESSMENTS. 
Section 116 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1724) is repealed. 
SEC. 118. PILOT PROJECT ON AUTOMATIC DATA TRANSFER. 
(a) PILOT PROJECT.—Within 2 years after the date 
of the enactment of this Act, the Secretary of the Interior 
shall complete a pilot project with willing operators of oil 
and gas leases on the outer Continental Shelf (as such 
term is defined in the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.)) that assesses the costs and bene-
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fits of automatic transmission of data regarding the vol-
ume and quality of oil and gas produced under Federal 
leases on the outer Continental Shelf in order to improve 
the production verification systems used to ensure accu-
rate royalty collection and audit. 
(b) REPORT.—The Secretary shall submit to Con-
gress a report on findings and recommendations of the 
pilot project within 3 years after the date of the enactment 
of this Act. 
SEC. 119. PENALTY FOR LATE OR INCORRECT REPORTING 
OF DATA. 
(a) IN GENERAL.—The Secretary of the Interior shall 
issue regulations by not later than 1 year after the date 
of enactment of this Act that establish a civil penalty for 
late or incorrect reporting of data under the Federal Oil 
and Gas Royalty Management Act of 1982 (30 U.S.C. 
1701 et seq.). 
(b) AMOUNT.—The amount of the civil penalty shall 
be— 
(1) an amount (subject to paragraph (2)) that 
the Secretary determines is sufficient to ensure filing 
of data in accordance with that Act; and 
(2) not less than $10 for each failure to file 
correct data in accordance with that Act. 
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(c) CONTENT OF REGULATIONS.—Except as provided 
in subsection (b), the regulations issued under this section 
shall be substantially similar to section 216.40 of title 30, 
Code of Federal Regulations, as most recently in effect 
before the date of enactment of this Act. 
SEC. 120. REQUIRED RECORDKEEPING FOR NATURAL GAS 
PLANTS. 
No later than 1 year after the date of the enactment 
of this Act, the Secretary of the Interior shall publish final 
regulations with respect to required recordkeeping of nat-
ural gas measurement data as set forth in section 
250.1203 of title 30, Code of Federal Regulations (as in 
effect on the date of enactment of this Act), to include 
operators and other persons involved in the transporting, 
purchasing, or selling of gas under the requirements of 
that rule, under the authority provided in section 103 of 
the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1713). 
SEC. 121. SHARED PENALTIES. 
Section 206 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1736) is amended by 
striking ‘‘Any payments under this section shall be re-
duced by an amount equal to any payments provided or 
due to such State or Indian tribe under the cooperative 
agreement or delegation, as applicable, during the fiscal 
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year in which the civil penalty is received, up to the total 
amount provided or due for that fiscal year.’’. 
SEC. 122. APPLICABILITY TO OTHER MINERALS. 
Section 304 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1753) is amended by 
adding at the end the following new subsection: 
‘‘(e) APPLICABILITY TO OTHER MINERALS.— 
‘‘(1) Notwithstanding any other provision of 
law, sections 107, 109, and 110 of this Act and the 
regulations duly promulgated with respect thereto 
shall apply to any lease authorizing the development 
of coal or any other solid mineral on any Federal 
lands or Indian lands, to the same extent as if such 
lease were an oil and gas lease, on the same terms 
and conditions as those authorized for oil and gas 
leases. 
‘‘(2) Notwithstanding any other provision of 
law, sections 107, 109, and 110 of this Act and the 
regulations duly promulgated with respect thereto 
shall apply with respect to any lease, easement, 
right-of-way, or other agreement, regardless of form 
(including any royalty, rent, or other payment due 
thereunder)— 
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‘‘(A) under section 8(k) or 8(p) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 
1337(k) and 1337(p)); or 
‘‘(B) under the Geothermal Steam Act (30 
U.S.C. 1001 et seq.), to the same extent as if 
such lease, easement, right-of-way, or other 
agreement were an oil and gas lease on the 
same terms and conditions as those authorized 
for oil and gas leases. 
‘‘(3) For the purposes of this subsection, the 
term ‘solid mineral’ means any mineral other than 
oil, gas, and geo-pressured-geothermal resources, 
that is authorized by an Act of Congress to be pro-
duced from public lands (as that term is defined in 
section 103 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702)).’’. 
SEC. 123. ENTITLEMENTS. 
(a) DIRECTED RULEMAKING.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of the Interior shall publish final regulations pre-
scribing when a Federal lessee or designee must report 
and pay royalties on— 
(1) the volume of oil and gas such lessee or des-
ignee produces or takes under a Federal lease or In-
dian lease; or 
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(2) the volume of oil and gas that such lessee 
or designee is entitled to based on its ownership in-
terest under a unitization agreement for Federal 
leases or Indian leases. 
(b) 100 PERCENT ENTITLEMENT REPORTING AND 
PAYING.—The Secretary shall give consideration to re-
quiring 100 percent entitlement reporting and paying 
based on Federal or Indian oil and gas lease ownership. 
SEC. 124. ROYALTIES ON ALL EXTRACTED METHANE. 
(a) ASSESSMENT ON ALL PRODUCTION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), royalties otherwise authorized or required 
under the mineral leasing laws (as that term is de-
fined in the Federal Oil and Gas Royalty Manage-
ment Act of 1982 (30 U.S.C. 1701 et seq.)) to be 
paid for gas shall be assessed on all gas produced 
under the mineral leasing laws, including— 
(A) gas used or consumed within the area 
of the lease tract for the benefit of the lease 
(commonly referred to as ‘‘beneficial use gas’’); 
and 
(B) all gas that is consumed or lost by 
venting, flaring, or fugitive releases through any 
equipment during upstream operations. 
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(2) EXCEPTION.—Paragraph (1) shall not 
apply with respect to— 
(A) gas vented or flared in an acute emer-
gency situation that poses danger to human 
health that occurs for no longer than 48 hours; 
and 
(B) gas injected into the ground on a lease 
tract in order to enhance production of an oil 
or gas well or for some other purpose. 
(b) CONFORMING AMENDMENTS.— 
(1) MINERAL
LEASING
ACT.—The Mineral 
Leasing Act is amended— 
(A) in section 14 (30 U.S.C. 223), by add-
ing at the end the following: ‘‘Notwithstanding 
any other provision of this Act (including this 
section), royalty shall be assessed with respect 
to oil and gas, other than gas described in sec-
tion 124(a)(2) of the Sustainable Energy Devel-
opment Reform Act, without regard to whether 
oil or gas is removed or sold from the leased 
land.’’; 
(B) in section 17 (30 U.S.C. 226), by 
striking ‘‘removed or sold’’ each place it ap-
pears; 
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(C) in section 22 (30 U.S.C. 251), by 
striking ‘‘sold or removed’’; and 
(D) in section 31 (30 U.S.C. 188), by 
striking ‘‘removed or sold’’ each place it ap-
pears. 
(2) OUTER CONTINENTAL SHELF LANDS ACT.— 
The Outer Continental Shelf Lands Act is amend-
ed— 
(A) 
in 
section 
6(a)(8) 
(43 
U.S.C. 
1335(a)(8)), by striking ‘‘saved, removed, or 
sold’’ each place it appears; and 
(B) in section 8(a) (43 U.S.C. 1337(a))— 
(i) in paragraph (1), by striking 
‘‘saved, removed, or sold’’ each place it ap-
pears; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(9) Notwithstanding any other provision of 
this Act (including this section), royalty under this 
Act shall be assessed with respect to oil and gas, 
other than gas described in section 124(a)(2) of the 
Sustainable Energy Development Reform Act, with-
out regard to whether oil or gas is removed or sold 
from the leased land.’’. 
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(c) APPLICATION.—The amendments made by this 
section shall apply only with respect to leases issued on 
or after the date of the enactment of this Act. 
TITLE II—ENCOURAGING DEVEL-
OPMENT OF RENEWABLE EN-
ERGY 
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 of the Interior; 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) 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 
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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) 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))); and 
(B) public land. 
(6) FUND.—The term ‘‘Fund’’ means the Re-
newable Energy Resource Conservation Fund estab-
lished by section 207(c)(1). 
(7) 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). 
(8) RENEWABLE ENERGY PROJECT.—The term 
‘‘renewable energy project’’ means a project carried 
out on covered land that uses wind, solar, geo-
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thermal, wave, current, tidal, or ocean thermal en-
ergy to generate electricity. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(10) 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— 
(i) potentially available for renewable 
energy development; and 
(ii) land on which such development 
can be conducted under a land use plan 
previously approved, and consistent with 
the principles of multiple use applicable, 
under the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et 
seq.). 
SEC. 202. RENEWABLE ENERGY GOAL. 
The Secretary of the Interior and the Secretary of 
Agriculture shall seek to issue permits that authorize pro-
duction of not less than 25 gigawatts of electricity from 
renewable energy projects by not later than 2025, through 
management of public lands, and administration of Fed-
eral laws, under their respective jurisdictions. 
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SEC. 203. COORDINATION. 
The Secretary shall establish a position in the De-
partment of the Interior with the responsibility to— 
(1) coordinate renewable energy project reviews 
across agencies of the Department; and 
(2) report to Congress annually on the effec-
tiveness of such coordination efforts. 
SEC. 204. LAND USE PLANNING; SUPPLEMENTS TO PRO-
GRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENTS. 
(a) PRIORITY AREAS.— 
(1) IN GENERAL.—The Director shall establish 
priority areas on covered land for geothermal, solar, 
and wind energy projects. 
(2) DEADLINE.— 
(A) GEOTHERMAL
ENERGY.—For geo-
thermal energy, the Director shall establish pri-
ority and variance areas as soon as practicable, 
but not later than 5 years, after the date of en-
actment of this Act. 
(B) SOLAR
ENERGY.—For solar energy, 
the 2012 western solar plan of the Bureau of 
Land Management, as amended by subsequent 
land use plan amendments, shall be considered 
to establish priority and variance areas for solar 
energy projects. 
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(C) WIND ENERGY.—For geothermal en-
ergy, the Director shall establish priority and 
variance areas as soon as practicable, but not 
later than 3 years, after the date of 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 fre-
quently than once every 10 years, the Director 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 re-
newable energy development opportunities; and 
(2) based on the review carried out under para-
graph (1), add, modify, or eliminate priority and 
variance areas. 
(d) 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— 
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(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 through more de-
tailed regional analyses; and 
(3) for wind energy, by supplementing the July 
2005 final programmatic environmental impact 
statement for wind energy projects. 
(e) 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. 
(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 transmission); 
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(2) likely to avoid or minimize impacts to habi-
tat 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), (d), and (e), 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. 205. 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 prepared under section 204(d), the head of the appli-
cable Federal agency shall not require any additional re-
view 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 
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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 204(d), 
to the maximum extent practicable when analyzing the po-
tential impacts of the project. 
SEC. 206. 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 180 days 
after the date of 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, 
with— 
(A) the Secretary of Agriculture; and 
(B) the Assistant Secretary of the Army 
for Civil Works. 
(2) STATE
PARTICIPATION.—The Secretary 
may request the Governor of any interested State to 
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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-
eral signatories, as appropriate, shall identify for 
each of the Bureau of Land Management Renewable 
Energy Coordination Offices an employee who has 
expertise in the regulatory issues relating to the of-
fice in which the employee is employed, 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); 
(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.); 
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(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 identified under 
paragraph (1) shall— 
(A) be responsible for 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) RENEWABLE
ENERGY
COORDINATION
OF-
FICES.—In carrying out the program established under 
subsection (a), the Secretary may— 
(1) establish additional Bureau of Land Man-
agement Renewable Energy Coordination Offices; or 
(2) temporarily assign the qualified employees 
identified under subsection (c) to a State, district, or 
field office of the Bureau of Land Management to 
expedite the permitting of renewable energy projects. 
(e) REPORT TO CONGRESS.— 
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(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. 
(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. 
SEC. 207. 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 (other than payments under section 504(g) of the 
Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1764(g))) for the development of wind or solar en-
ergy on covered land— 
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(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 one 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 206, 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, for ex-
pediting the issuance of permits required for the de-
velopment of renewable energy projects in the States 
from which the revenues are derived— 
(A) 25 percent for each of fiscal years 
2018 through 2025; 
(B) 20 percent for each of fiscal years 
2026 through 2030; 
(C) 15 percent for each of fiscal years 
2031 through 2035; and 
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(D) 10 percent for fiscal year 2036 and 
each fiscal year thereafter; and 
(4) to be deposited in the Renewable Energy 
Resource Conservation Fund established by sub-
section (c)— 
(A) 25 percent for each of fiscal years 
2018 through 2025; 
(B) 30 percent for each of fiscal years 
2026 through 2030; 
(C) 35 percent for each of fiscal years 
2031 through 2035; and 
(D) 40 percent for fiscal year 2036 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). 
(2) PAYMENTS IN LIEU OF TAXES.—A payment 
to a county under paragraph (1) shall be in addition 
to a payment in lieu of taxes received by the county 
under chapter 69 of title 31, United States Code. 
(c) RENEWABLE ENERGY RESOURCE CONSERVATION 
FUND.— 
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(1) IN GENERAL.—There is established in the 
Treasury a separate account, to be known as the 
‘‘Renewable Energy Resource Conservation Fund’’, 
which shall be available to the Secretary for use, in 
consultation with the Secretary of Agriculture, in ac-
cordance with paragraph (2). 
(2) USE OF FUNDS.—The Secretary may make 
funds in the Fund available to Federal, State, and 
tribal agencies for distribution in regions in which 
renewable energy projects are located on Federal 
land, for the purposes of— 
(A) restoring and protecting— 
(i) fish and wildlife habitat for species 
affected by wind, geothermal, or solar en-
ergy development; 
(ii) fish and wildlife corridors for spe-
cies affected by such development; and 
(iii) water resources in areas affected 
by such development; and 
(B) preserving and improving recreational 
access to Federal land and water in a region af-
fected by such development, through an ease-
ment, right-of-way, or other instrument exe-
cuted by willing landowners for the purpose of 
enhancing public access to existing Federal land 
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and water that is inaccessible or significantly 
restricted. 
(3) PARTNERSHIPS.—The Secretary may enter 
into cooperative agreements with State and tribal 
agencies, nonprofit organizations, and other appro-
priate entities to carry out the activities described in 
subparagraphs (A) and (B) of paragraph (2). 
(4) INVESTMENT OF FUND.— 
(A) IN GENERAL.—Any amounts deposited 
in the Fund shall earn interest in an amount 
determined by the Secretary of the Treasury on 
the basis of the current average market yield on 
outstanding marketable obligations of the 
United States of comparable maturities. 
(B) USE.—Any interest earned under sub-
paragraph (A) may be expended in accordance 
with this subsection. 
(5) INTENT OF CONGRESS.—It is the intent of 
Congress that the revenues deposited and used in 
the Fund shall supplement and not supplant annual 
appropriations for conservation activities described 
in paragraph (2)(A). 
SEC. 208. STUDY AND REPORT ON CONSERVATION BANK-
ING. 
(a) STUDY.— 
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(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Secre-
taries shall carry out a study on the siting, develop-
ment, and management of projects to determine the 
feasibility of carrying out a conservation banking 
program on Federal land. 
(2) CONTENTS.—The study under paragraph 
(1) shall— 
(A) identify areas in which— 
(i) privately owned land is not avail-
able to fully offset the impacts of solar or 
wind energy development on federally ad-
ministered land; or 
(ii) mitigation investments on Federal 
land are likely to provide greater conserva-
tion value for impacts of solar or wind en-
ergy development on federally administered 
land; and 
(B) examine— 
(i) the effectiveness of laws (including 
regulations) and policies in effect on the 
date of enactment of this Act in facili-
tating the development and effective oper-
ation of conservation banks; 
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(ii) the advantages and disadvantages 
of using conservation banks on Federal 
land to mitigate impacts to natural re-
sources on State, tribal, and private land; 
and 
(iii) any changes in Federal law (in-
cluding regulations) or policy necessary to 
further develop a Federal conservation 
banking program. 
(b) REPORT
TO CONGRESS.—Not later than 18 
months after the date of enactment of this Act, the Secre-
taries shall jointly submit to Congress a report that in-
cludes— 
(1) the recommendations of the Secretaries re-
lating to— 
(A) the most effective system for Federal 
land described in subsection (a)(2)(A) to meet 
the goals of facilitating the development of a 
conservation banking program on Federal land; 
and 
(B) any change to Federal law (including 
regulations) or policy necessary to address more 
effectively the siting, development, and manage-
ment of conservation banking programs on Fed-
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eral land to mitigate impacts to natural re-
sources on State, tribal, and private land; and 
(2) any administrative action to be taken by the 
Secretaries in response to the recommendations. 
(c) AVAILABILITY TO THE PUBLIC.—Not later than 
30 days after the date on which the report described in 
subsection (b) is submitted to Congress, the Secretaries 
shall make the results of the study available to the public. 
SEC. 209. BROWNFIELDS. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) BROWNFIELD SITE.—The term ‘‘brownfield 
site’’ has the meaning given that term in section 
(39) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9601(39)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) DEPARTMENT OF ENERGY AND ENVIRONMENTAL 
PROTECTION AGENCY EFFORTS.—The Secretary, in con-
junction with the Administrator, shall— 
(1) in partnership with the National Renewable 
Energy 
Laboratory, 
identify 
opportunities 
to 
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prioritize renewable energy project development on 
brownfield sites; 
(2) provide to States, units of local govern-
ments, project developers, and other stakeholders 
publicly available resources identifying potential 
brownfield sites for renewable energy project devel-
opment, with an emphasis on non-Federal land; and 
(3) provide technical assistance to State and 
local officials, interested project developers, and 
other stakeholders to expedite renewable energy 
projects on brownfield sites identified under this 
subsection, with an emphasis on non-Federal land. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary and Administrator 
shall submit to Congress a report that includes— 
(1) proposals for Federal policies, incentives, or 
other means of encouraging renewable energy 
projects on sites identified under subsection (b); and 
(2) data on existing and potential job creation 
from, environmental benefits of, and energy produc-
tion from renewable energy projects on brownfield 
sites. 
(d) STAKEHOLDER FORUMS.—The Secretary, in con-
junction with the Administrator, shall conduct stakeholder 
forums in each region of the United States to assist State 
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and local officials, project developers, and other stake-
holders with renewable energy project siting on brownfield 
sites, with an emphasis on non-Federal land. 
(e) EFFECT.—Nothing in this section affects existing 
Federal efforts to promote the reuse and redevelopment 
of brownfield sites. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section for each of fiscal years 
2018 through 2022. 
Subtitle B—Geothermal Energy 
SEC. 221. REAUTHORIZATION 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 
following: 
‘‘(1) IN GENERAL.—Amounts’’; and 
(2) by adding at the end the following: 
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‘‘(2) AUTHORIZATION.—Effective for fiscal year 
2018 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.’’. 
SEC. 222. NATIONAL GOAL FOR GEOTHERMAL ENERGY. 
It is the sense of Congress that, not later than 10 
years after the date of enactment of this Act— 
(1) the Secretary of the Interior shall seek to 
approve a significant increase in new geothermal en-
ergy capacity on public land across a geographically 
diverse set of States using the full range of available 
technologies; and 
(2) the Director of the Geological Survey and 
the Secretary should identify sites capable of pro-
ducing a total of 50,000 megawatts of geothermal 
power, using the full range of available technologies, 
through a program conducted in collaboration with 
industry, including cost-shared exploration drilling. 
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SEC. 223. FACILITATION OF COPRODUCTION OF GEO-
THERMAL ENERGY ON OIL AND GAS LEASES. 
Section 4(b) of the Geothermal Steam Act of 1970 
(30 U.S.C. 1003(b)) is amended by adding at the end the 
following: 
‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— 
Land under an oil and gas lease issued pursuant to 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or 
the Mineral Leasing Act for Acquired Lands (30 
U.S.C. 351 et seq.) that is subject to an approved 
application for permit to drill and from which oil 
and gas production is occurring may be available for 
noncompetitive leasing under this section to the 
holder of the oil and gas lease— 
‘‘(A) on a determination that— 
‘‘(i) geothermal energy will be pro-
duced from a well producing or capable of 
producing oil and gas; and 
‘‘(ii) national energy security will be 
improved by the issuance of such a lease; 
and 
‘‘(B) to provide for the coproduction of 
geothermal energy with oil and gas.’’. 
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SEC. 224. NONCOMPETITIVE LEASING FOR GEOTHERMAL. 
Section 4(b) of the Geothermal Steam Act of 1970 
(30 U.S.C. 1003(b)) (as amended by section 223) is 
amended by adding at the end the following: 
‘‘(5) ADJOINING LAND.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) 
FAIR
MARKET
VALUE
PER 
ACRE.—The term ‘fair market value per 
acre’ means a dollar amount per acre 
that— 
‘‘(I) except as provided in this 
clause, shall be equal to the market 
value per acre (taking into account 
the determination under subparagraph 
(B)(iii) regarding a valid discovery on 
the adjoining land), as determined by 
the Secretary under regulations issued 
under this paragraph; 
‘‘(II) shall be determined by the 
Secretary with respect to a lease 
under this paragraph, by not later 
than the end of the 180-day period 
beginning on the date the Secretary 
receives an application for the lease; 
and 
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‘‘(III) shall be not less than the 
greater of— 
‘‘(aa) 4 times the median 
amount paid per acre for all land 
leased under this Act during the 
preceding year; or 
‘‘(bb) $50. 
‘‘(ii) 
INDUSTRY
STANDARDS.—The 
term ‘industry standards’ means the stand-
ards by which a qualified geothermal pro-
fessional assesses whether downhole or 
flowing temperature measurements with 
indications of permeability are sufficient to 
produce energy from geothermal resources, 
as determined through flow or injection 
testing or measurement of lost circulation 
while drilling. 
‘‘(iii) QUALIFIED
FEDERAL
LAND.— 
The term ‘qualified Federal land’ means 
land that is otherwise available for leasing 
under this Act. 
‘‘(iv) QUALIFIED GEOTHERMAL PRO-
FESSIONAL.—The 
term 
‘qualified 
geo-
thermal professional’ means an individual 
who is an engineer or geoscientist in good 
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professional standing with at least 5 years 
of experience in geothermal exploration, 
development, or project assessment. 
‘‘(v) QUALIFIED LESSEE.—The term 
‘qualified lessee’ means a person that is el-
igible to hold a geothermal lease under this 
Act (including applicable regulations). 
‘‘(vi) VALID
DISCOVERY.—The term 
‘valid discovery’ means a discovery of a 
geothermal resource by a new or existing 
slim hole or production well, that exhibits 
downhole or flowing temperature measure-
ments with indications of permeability that 
are sufficient to meet industry standards. 
‘‘(B) AUTHORITY.—An area of qualified 
Federal land that adjoins other land for which 
a qualified lessee holds a legal right to develop 
geothermal resources may be available for a 
noncompetitive lease under this section to the 
qualified lessee at the fair market value per 
acre, if— 
‘‘(i) the area of qualified Federal 
land— 
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‘‘(I) consists of not less than 1 
acre and not more than 640 acres; 
and 
‘‘(II) is not already leased under 
this Act or nominated to be leased 
under subsection (a); 
‘‘(ii) the qualified lessee has not pre-
viously received a noncompetitive lease 
under this paragraph in connection with 
the valid discovery for which data has been 
submitted under clause (iii)(I); and 
‘‘(iii) sufficient geological and other 
technical data prepared by a qualified geo-
thermal professional has been submitted by 
the qualified lessee to the applicable Fed-
eral land management agency that would 
lead individuals who are experienced in the 
subject matter to believe that— 
‘‘(I) there is a valid discovery of 
geothermal resources on the land for 
which the qualified lessee holds the 
legal right to develop geothermal re-
sources; and 
‘‘(II) that thermal feature ex-
tends into the adjoining areas. 
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‘‘(C) DETERMINATION
OF
FAIR
MARKET 
VALUE.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall— 
‘‘(I) publish a notice of any re-
quest to lease land under this para-
graph; 
‘‘(II) determine fair market value 
for purposes of this paragraph in ac-
cordance with procedures for making 
those determinations that are estab-
lished by regulations issued by the 
Secretary; 
‘‘(III) provide to a qualified les-
see and publish, with an opportunity 
for public comment for a period of 30 
days, any proposed determination 
under this subparagraph of the fair 
market value of an area that the 
qualified lessee seeks to lease under 
this paragraph; and 
‘‘(IV) provide to the qualified les-
see and any adversely affected party 
the opportunity to appeal the final de-
termination of fair market value in an 
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administrative proceeding before the 
applicable Federal land management 
agency, in accordance with applicable 
law (including regulations). 
‘‘(ii) LIMITATION ON NOMINATION.— 
After publication of a notice of request to 
lease land under this paragraph, the Sec-
retary may not accept under subsection (a) 
any nomination of the land for leasing un-
less the request has been denied or with-
drawn. 
‘‘(iii) ANNUAL
RENTAL.—For pur-
poses of section 5(a)(3), a lease awarded 
under this paragraph shall be considered a 
lease awarded in a competitive lease sale. 
‘‘(D) REGULATIONS.—Not later than 270 
days after the date of enactment of the Sustain-
able Energy Development Reform Act, the Sec-
retary shall issue regulations to carry out this 
paragraph.’’. 
SEC. 225. REPORT TO CONGRESS. 
Not later than 3 years after the date of enactment 
of this Act and not less frequently than once every 5 years 
thereafter, the Secretary of the Interior and the Secretary 
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shall submit to Congress a report describing the progress 
made towards achieving the goals described in section 222. 
Subtitle C—Offshore Renewable 
Energy 
SEC. 231. WIND LEASING AMENDMENTS. 
(a) CLARIFICATION RELATING TO ALTERNATIVE EN-
ERGY DEVELOPMENT.—Section 8(p) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(p)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘or’’ after ‘‘1501 et seq.),’’ 
and by striking ‘‘or other applicable law,’’; and 
(B) by amending subparagraph (D) to 
read as follows: 
‘‘(D) use, for energy-related purposes, fa-
cilities currently or previously used for activities 
authorized under this Act, except that any oil 
and gas energy-related uses shall not be author-
ized in areas in which oil and gas preleasing, 
leasing, and related activities are prohibited by 
a moratorium.’’; and 
(2) in paragraph (4)— 
(A) in subparagraph (E), by striking ‘‘co-
ordination’’ and inserting ‘‘in consultation’’; 
and 
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(B) in subparagraph (J)(ii), by inserting 
‘‘a potential site for an alternative energy facil-
ity,’’ after ‘‘deepwater port,’’. 
(b) NONCOMPETITIVE ALTERNATIVE ENERGY LEASE 
OPTIONS.—Section 8(p)(3) of such Act (43 U.S.C. 
1337(p)(3)) is amended to read as follows: 
‘‘(3) 
COMPETITIVE
OR
NONCOMPETITIVE 
BASIS.—Any lease, easement, right-of-way, or other 
authorization granted under paragraph (1) shall be 
issued on a competitive basis, unless— 
‘‘(A) the lease, easement, right-of-way, or 
other authorization relates to a project that 
meets the criteria established under section 
388(d) of the Energy Policy Act of 2005 (43 
U.S.C. 1337 note; Public Law 109–58); 
‘‘(B) the lease, easement, right-of-way, or 
other authorization— 
‘‘(i) is for the placement and oper-
ation of a meteorological or marine data 
collection facility; and 
‘‘(ii) has a term of not more than 5 
years; or 
‘‘(C) the Secretary determines, after pro-
viding public notice of a proposed lease, ease-
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ment, right-of-way, or other authorization, that 
no competitive interest exists.’’. 
SEC. 232. REPORT TO CONGRESS. 
Not later than 1 year after the date of the enactment 
of this Act the Secretary of the Interior shall submit rec-
ommendations to reduce the time required for the Depart-
ment of the Interior to consider and act on applications 
for permits authorizing offshore renewable energy 
projects. 
TITLE 
III—PREPARING 
AND 
MANAGING 
FOR 
CLIMATE 
CHANGE 
SEC. 301. ENERGY DEVELOPMENT POLICY. 
It is the policy of the United States that— 
(1) the United States should aggressively re-
duce carbon pollution as rapidly as practicable; and 
(2) energy development decisions on Federal 
lands should be guided by the goals of— 
(A) protecting public health and the envi-
ronment; 
(B) avoiding the most dangerous impacts 
of climate change; and 
(C) promoting a rapid, just, and equitable 
transition to a clean-energy economy. 
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SEC. 302. PREPARING FOR CLIMATE CHANGE. 
(a) REINSTATEMENT OF AGENCY ACTIONS.—Execu-
tive Order 13783, entitled ‘‘Promoting Energy Independ-
ence and Economic Growth’’ and dated March 28, 2017 
(82 Fed. Reg. 16093), shall have no force or effect, and 
each regulation, order, guidance document, policy, or other 
similar agency action suspended, revised, or rescinded by 
or under such Executive order shall apply as if such Exec-
utive order were not issued. 
(b) CONSIDERATION OF THE SOCIAL COSTS OF CLI-
MATE CHANGE.—Not later than 1-year after the date of 
the enactment of this Act, the Council on Environmental 
Quality shall issue regulations requiring Federal depart-
ments and agencies to— 
(1) comply with the final guidance of the Coun-
cil referred to in the Notice of Availability entitled 
‘‘Final Guidance for Federal Departments and 
Agencies on Consideration of Greenhouse Gas Emis-
sions and the Effects of Climate Change in National 
Environmental Policy Act Reviews’’ and published 
by the Council on August 5, 2016 (81 Fed. Reg. 
51866); and 
(2) use the most recent estimates of the social 
cost of carbon and social cost of methane, as deter-
mined by the Interagency Working Group on Social 
Cost of Carbon, in all cost-benefit analyses. 
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SEC. 303. GHG INVENTORY. 
(a) IN GENERAL.—The Secretary of the Interior shall 
make available to the public through the internet— 
(1) information that describes for all covered 
operations— 
(A) the aggregate amount of each fossil 
fuel, by type and by State, produced under Fed-
eral leases; and 
(B) for gas reported, the portion and 
source of such amount that was released by 
each of venting, flaring, and fugitive release; 
(2) information that accurately describes the es-
timated amounts of existing fossil fuel resources on 
Federal lands under lease for the production of fossil 
fuels, and of Federal lands that have potential for 
such leasing; and 
(3) information that describes the amount and 
sources of energy, in megawatts, produced from op-
erating solar, wind, and geothermal projects on Fed-
eral lands under lease for the production of renew-
able energy. 
(b) FORMAT.—Information made available under this 
section shall be presented in a format that— 
(1) translates such amounts and portions into 
emissions of metric tons of greenhouse gases ex-
pressed in carbon dioxide equivalent using both the 
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20-year and 100-year Global Warming Potential- 
weighted emission values; 
(2) for energy produced from solar, wind, and 
geothermal projects, includes an estimate of the 
greenhouse gas emissions that would result from 
production of the same amount of energy from fossil 
fuel resources; and 
(3) allows— 
(A) downloading in a machine readable 
format; and 
(B) accessing the information without pay-
ment of any fee or other charge. 
(c) DATA PUBLICATION FREQUENCY.—The data 
made available under this section shall be updated at least 
annually. 
SEC. 304. TERRESTRIAL CARBON SEQUESTRATION PILOT 
PROGRAM. 
(a) PROGRAM REQUIRED.—Not later than 1 year 
after the date of the enactment of this Act, the Secretary 
of the Interior, acting through the Director of the Bureau 
of Land Management, shall establish a carbon sequestra-
tion pilot program to make grants to eligible entities for 
projects to carry out eligible activities. 
(b) SCIENCE ADVISORY BOARD.—As part of the pro-
gram, the Secretary shall establish a science advisory 
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board to provide analysis and recommendations regard-
ing— 
(1) the selection of eligible entities and eligible 
activities to receive grants under the program, based 
on the best available science; and 
(2) appropriate monitoring requirements to be 
required under subsection (c). 
(c) MONITORING AND REPORTING.—As a condition 
of a grant under the program, the grant recipient shall 
comply with monitoring and reporting requirements to 
quantify project performance and communicate results. 
(d) INNOVATION COMPETITION.— 
(1) IN GENERAL.—The Secretary shall make 
grants, through a challenge competition, to eligible 
entities for projects to carry out innovative ap-
proaches to eligible activities. 
(2) LISTING.—The Secretary shall list the chal-
lenge 
competition 
under 
this 
subsection 
on 
www.challenge.gov (or any successor website of the 
Federal Government that lists challenge competi-
tions run by Federal agencies). 
(e) OUTREACH, EDUCATION, AND TECHNICAL AS-
SISTANCE.—The Secretary— 
(1) may provide technical assistance for eligible 
activities; and 
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(2) shall expand outreach and education with 
respect to carbon sequestration and best practices 
related to eligible activities. 
(f) ACCEPTANCE OF OUTSIDE FUNDING.—The Sec-
retary may accept nonappropriated funds, including funds 
from other public sources, private companies, nonprofit or-
ganizations, or foundations, to carry out the program. 
(g) REPORTS TO CONGRESS.—With respect to each 
project administered under the program, not later than 
3 years after the awarding of the grant, at least every 
2 years thereafter for the duration of the project, and not 
later than 180 days after the completion of the project, 
the Secretary, working with grantees and any other agen-
cies of jurisdiction shall submit a report to Congress de-
tailing— 
(1) the progress and accomplishments of the 
project in general; 
(2) a detailed summary and estimate of the vol-
ume of carbon sequestered due to project activities; 
(3) a summary of education and outreach ef-
forts related to the project; and 
(4) a set of recommendations for land manage-
ment best practices based on the outcome of the 
project. 
(h) DEFINITIONS.—For the purposes of this section: 
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(1) BIOCHAR.—The term ‘‘biochar’’ means car-
bonized biomass produced by converting feedstock 
through reductive thermal processing. 
(2) COMPOST.—The term ‘‘compost’’ means a 
biologically stable organic material suitable for use 
as a amendment that is produced by the controlled 
aerobic decomposition of manure or other organic 
material, not including sewage sludge or biosolids, 
by microorganisms. 
(3) ELIGIBLE
ACTIVITY.—The term ‘‘eligible 
activity’’ means a project for sequestering carbon 
through— 
(A) grazing practices; 
(B) restoring degraded qualified public 
lands; 
(C) application of compost on qualified 
public lands; or 
(D) using biochar as an amendment on 
qualified public lands. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an owner or operator of qualified public 
lands, a university, a nongovernmental organization, 
or an Indian tribe. 
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(5) PROGRAM.—The term ‘‘program’’ means 
the Carbon Sequestration Pilot Program established 
by this section. 
(6) QUALIFIED
PUBLIC
LANDS.—The term 
‘‘qualified public lands’’ means any land and interest 
in land owned by the United States within the sev-
eral States and administered by the Secretary of the 
Interior through the Bureau of Land Management, 
the National Park Service, or the United States 
Fish and Wildlife Service, without regard to how the 
United States acquired ownership, except lands lo-
cated on the Outer Continental Shelf. 
SEC. 305. FEDERAL LANDS ADAPTATION. 
(a) FINDINGS, PURPOSES, AND POLICY.— 
(1) FINDINGS.—Congress finds that— 
(A) healthy, diverse, and productive com-
munities of fish, wildlife, and plants provide sig-
nificant benefits to the people and economy of 
the United States, including— 
(i) abundant clean water supplies; 
(ii) flood and coastal storm protection; 
(iii) clean air; 
(iv) a source of food, fiber, medicines, 
and pollination of the crops and other 
plants of the United States; 
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(v) outdoor recreation, which is a 
source of jobs and economic stimulus; 
(vi) hunting and fishing opportunities 
and support for subsistence communities; 
(vii) opportunities for scientific re-
search and education; 
(viii) world-class tourism destinations 
that support local economies; and 
(ix) sequestration and storage of car-
bon to help mitigate changes to the global 
climate system; 
(B) the United States Geological Survey, 
National Oceanic and Atmospheric Administra-
tion, National Aeronautics and Space Adminis-
tration, and other agencies within the United 
States Global Change Research Program have 
observed that the fish, wildlife, and plants of 
the United States are facing increasing risks 
from changing patterns of extreme weather and 
climate, including— 
(i) severe droughts and heatwaves; 
(ii) severe storms and floods; 
(iii) frequent and severe wildfires; 
(iv) more frequent and severe out-
breaks of forest pests and invasive species; 
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(v) flooding and erosion of coastal 
areas due to rising sea levels; 
(vi) melting glaciers and sea ice; 
(vii) thawing permafrost; 
(viii) shifting distributions of fish, 
wildlife, and plant populations; 
(ix) disruptive shifts in the timing of 
fish, wildlife, and plant natural history cy-
cles, such as blooming, breeding, and sea-
sonal migrations; 
(x) increasing ocean temperatures and 
acidification; 
(xi) altered patterns of rain, snow, 
runoff, and streamflow; and 
(xii) habitat loss, degradation, frag-
mentation, and movement; and 
(C) the Federal Government should pro-
vide leadership in preparing for and responding 
to the effects described in subparagraph (B) to 
ensure that present and future generations con-
tinue to receive the benefits of the abundant 
and diverse fish, wildlife, and plant resources of 
the United States. 
(2) PURPOSES.—The purpose of this section is 
to establish an integrated national approach— 
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(A) to respond to ongoing and expected ef-
fects of extreme weather and climate change by 
protecting, managing, and conserving the fish, 
wildlife, and plants of the United States; and 
(B) to maximize Government efficiency 
and reduce costs, in cooperation with State, 
local, and tribal governments and other entities. 
(3) NATIONAL FISH, WILDLIFE, AND PLANTS 
CLIMATE CHANGE ADAPTATION POLICY.—It is the 
policy of the Federal Government, in cooperation 
with State and local governments, Indian tribes, and 
other interested stakeholders to evaluate and reduce 
the increased risks and vulnerabilities associated 
with climate change and extreme weather events, 
and to use all practicable means to protect, manage, 
and conserve healthy, diverse, and productive fish, 
wildlife, and plant populations. 
(b) DEFINITIONS.—In this section: 
(1) 
ADAPTATION.—The 
term 
‘‘adaptation’’ 
means— 
(A) the process of adjustment to actual or 
expected climate and the effects of climate 
change; and 
(B) with respect to fish, wildlife, and 
plants, protection, management, and conserva-
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tion efforts designed to maintain or enhance the 
ability of fish, wildlife, and plants to withstand, 
adjust to, or recover from the effects of extreme 
weather and climate change (including, where 
applicable, ocean acidification, drought, flood-
ing, and wildfire). 
(2) CENTER.—The term ‘‘Center’’ means the 
National Climate Change and Wildlife Science Cen-
ter established under subsection (e)(1)(A). 
(3) 
COMMITTEE.—The 
term 
‘‘Committee’’ 
means the Advisory Committee on Climate Change 
and Natural Resource Sciences established under 
subsection (e)(1)(A). 
(4) ECOLOGICAL PROCESSES.—The term ‘‘eco-
logical processes’’ means biological, chemical, or 
physical interaction between the biotic and abiotic 
components of an ecosystem, including— 
(A) decomposition; 
(B) disease epizootiology; 
(C) disturbance regimes, such as fire and 
flooding; 
(D) gene flow; 
(E) hydrological cycling; 
(F) larval dispersal and settlement; 
(G) nutrient cycling; 
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(H) pollination; 
(I) predator-prey relationships; and 
(J) soil formation. 
(5) HABITAT.—The term ‘‘habitat’’ means the 
physical, chemical, and biological properties that 
fish, wildlife, or plants use for growth, reproduction, 
survival, food, water, or cover (whether on land, in 
water, or in an area or region). 
(6) HABITAT CONNECTIVITY.—The term ‘‘habi-
tat connectivity’’ means areas that facilitate terres-
trial, marine, estuarine, and freshwater fish, wildlife, 
or plant movement that is necessary— 
(A) for migration, gene flow, or dispersal; 
or 
(B) to respond to the ongoing and ex-
pected effects of climate change (including, 
where applicable, ocean acidification, drought, 
flooding, and wildfire). 
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(8) NATIONAL STRATEGY.—The term ‘‘National 
Strategy’’ means the National Fish, Wildlife, and 
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Plants Climate Adaptation Strategy released March 
26, 2013. 
(9) RESILIENCE; RESILIENT.—The terms ‘‘re-
silience’’ and ‘‘resilient’’ mean the ability to antici-
pate, prepare for, and adapt to changing conditions 
and withstand, respond to, and recover rapidly from 
disruptions. 
(10) STATE.—The term ‘‘State’’ means— 
(A) a State of the United States; 
(B) the District of Columbia; 
(C) American Samoa; 
(D) Guam; 
(E) the Commonwealth of the Northern 
Mariana Islands; 
(F) the Commonwealth of Puerto Rico; 
and 
(G) the United States Virgin Islands. 
(11) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the National Fish, Wildlife, and 
Plants Climate Adaptation Strategy Joint Imple-
mentation Working Group established under sub-
section (c)(1). 
(c) NATIONAL FISH, WILDLIFE, AND PLANTS CLI-
MATE ADAPTATION STRATEGY JOINT IMPLEMENTATION 
WORKING GROUP.— 
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(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this Act, the Presi-
dent shall establish a National Fish, Wildlife, and 
Plants Climate Adaptation Strategy Joint Imple-
mentation Working Group composed of the heads of 
Federal and State agencies or departments with ju-
risdiction over fish, wildlife, and plant resources of 
the United States, and tribal representatives, as fol-
lows: 
(A) The Administrator of the Environ-
mental Protection Agency. 
(B) The Administrator of the Federal 
Emergency Management Agency. 
(C) The Administrator of the National 
Oceanic and Atmospheric Administration. 
(D) The Chair of the Council on Environ-
mental Quality. 
(E) The Chief of Engineers. 
(F) The Chief of the Forest Service. 
(G) The Commissioner of Reclamation. 
(H) The Director of the Bureau of Indian 
Affairs. 
(I) The Director of the Bureau of Land 
Management. 
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(J) The Director of the National Park 
Service. 
(K) The Director of the United States 
Fish and Wildlife Service. 
(L) The Director of the United States Ge-
ological Survey. 
(M) The Secretary of Agriculture. 
(N) The Secretary of Defense. 
(O) State representatives from each re-
gional association of State fish and wildlife 
agencies. 
(P) Not less than 2 tribal representatives. 
(2) DUTIES.—The Working Group shall serve 
as a forum for interagency consultation on, and the 
coordination of, the development and implementation 
of the National Strategy. 
(3) CO-CHAIRS.—There shall be 4 co-chairs, of 
whom— 
(A) 2 shall be representatives of the Fed-
eral Government; 
(B) 1 shall be a representative of a State; 
and 
(C) 1 shall be a tribal representative. 
(d) NATIONAL FISH, WILDLIFE, AND PLANTS CLI-
MATE ADAPTATION STRATEGY.— 
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(1) IN GENERAL.—The Working Group shall 
adopt the National Strategy to protect, manage, and 
conserve fish, wildlife, and plants to maintain the in-
herent resilience and adaptability of fish, wildlife, 
and plants to withstand the ongoing and expected 
effects of extreme weather and climate change. 
(2) REVIEW AND REVISION.—Not later than 1 
year after each release of the assessment required 
under section 106 of the Global Change Research 
Act of 1990 (15 U.S.C. 2936), the Working Group 
shall— 
(A) use sound science to review and revise 
the National Strategy to incorporate— 
(i) new information regarding the on-
going and expected effects of climate 
change on fish, wildlife, and plants; and 
(ii) advances in the development of 
fish, wildlife, and plant adaptation strate-
gies; and 
(B) in carrying out paragraph (1), provide 
public notice and opportunity for comment. 
(3) CONTENTS.—A revised National Strategy 
shall— 
(A) assess the vulnerability of fish, wildlife, 
and plants to climate change, including short- 
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term, medium-term, long-term, and cumulative 
impacts; 
(B) describe current, observation, and 
monitoring activities at the Federal, State, trib-
al, and local levels relating to the ongoing and 
expected effects of climate change on fish, wild-
life, and plants; 
(C) identify and prioritize research and 
data needs; 
(D) identify fish, wildlife, and plants likely 
to have the greatest need for protection, res-
toration, and conservation due to the ongoing 
and expanding effects of extreme weather and 
climate change; 
(E) include specific protocols for inte-
grating fish, wildlife, and plant adaptation 
strategies and activities into the conservation 
and management of natural resources by Fed-
eral agencies to ensure consistency across agen-
cy jurisdictions; 
(F) identify opportunities for maintaining, 
restoring, or enhancing fish, wildlife, and plants 
to reduce the risks of extreme weather and cli-
mate change on other vulnerable sectors of soci-
ety; 
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(G) identify Federal policies and actions 
that may reduce resilience and increase the vul-
nerability of fish, wildlife, and plants to extreme 
weather and climate change; 
(H) include specific actions that Federal 
agencies shall take to protect, conserve, and 
manage fish, wildlife, and plants to maintain 
the inherent resilience and adaptability of fish, 
wildlife, and plants to withstand, adjust to, or 
recover from the ongoing and expected effects 
of climate change, including a timeline to imple-
ment those actions; 
(I) include specific mechanisms for ensur-
ing communication and coordination— 
(i) among Federal agencies; and 
(ii) between Federal agencies and 
State agencies, territories of the United 
States, Indian tribes, private landowners, 
conservation 
organizations, 
and 
other 
countries that share jurisdiction over fish, 
wildlife, and plants with the United States; 
(J) include specific actions to develop and 
implement coordinated fish, wildlife, and plants 
inventory and monitoring protocols through 
interagency coordination and collaboration with 
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States and local governments, Indian tribes, 
and private organizations; and 
(K) include procedures for guiding the de-
velopment of detailed strategy implementation 
plans required under subsection (f). 
(4) IMPLEMENTATION.— 
(A) IN GENERAL.—Consistent with other 
laws and Federal trust responsibilities con-
cerning Indian land or rights of Indians under 
treaties with the United States, each Federal 
agency shall integrate the elements of the Na-
tional Strategy that relate to conservation, 
management, and protection of fish, wildlife, 
and plants into agency plans, environmental re-
views, and programs. 
(B) 
PUBLIC
REPORT.—The 
Working 
Group shall, on a biannual basis, between revi-
sions to the National Strategy, make available 
to the public a report documenting any actions 
implementing the Strategy. 
(C) COORDINATION.—The Working Group 
shall coordinate the implementation of the Na-
tional Strategy with Federal agencies not rep-
resented on the Working Group to achieve the 
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policy of the United States described in sub-
section (a)(3). 
(e) FISH, WILDLIFE, AND PLANTS ADAPTATION 
SCIENCE AND INFORMATION.— 
(1) NATIONAL
CLIMATE
CHANGE
AND
WILD-
LIFE SCIENCE CENTER.— 
(A) AUTHORIZATION.—The Secretary of 
the Interior, in collaboration with the States, 
Indian tribes, and other partner organizations, 
shall establish a National Climate Change and 
Wildlife Science Center. 
(B) DUTIES
OF
CENTER.—The Center 
shall assess and develop scientific information, 
tools, strategies, and techniques to support the 
Working Group, Federal and State agencies, 
tribes, regionally based science and conservation 
centers, regional coordinating entities, and 
other interested parties in addressing the ef-
fects of extreme weather and climate change on 
fish, wildlife, and plants. 
(C) GENERAL AUTHORITY TO ENTER INTO 
CONTRACTS, 
GRANTS, 
AND
COOPERATIVE 
AGREEMENTS.—The Secretary may enter into 
contracts, grants, or cooperative agreements 
with State agencies, State cooperative extension 
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services, institutions of higher education, other 
research or educational institutions and organi-
zations, tribal organizations, Federal and pri-
vate agencies and organizations, individuals, 
and any other contractor or recipient, to further 
the duties under subparagraph (B) without re-
gard to— 
(i) any requirements for competition; 
(ii) section 6101 of title 41, United 
States Code; or 
(iii) subsections (a) and (b) of section 
3324 of title 31, United States Code. 
(2) 
ADVISORY
COMMITTEE
ON
CLIMATE 
CHANGE AND NATURAL RESOURCE SCIENCES.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
and pursuant to the Federal Advisory Com-
mittee Act (5 U.S.C. App.), the Secretary of 
the Interior shall establish an Advisory Com-
mittee on Climate Change and Natural Re-
source Sciences. 
(B) MEMBERSHIP.—The Committee shall 
be comprised of 25 members who— 
(i) represent— 
(I) Federal agencies; 
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(II) State, local, and tribal gov-
ernments; 
(III) nongovernmental organiza-
tions; 
(IV) academic institutions; and 
(V) the private sector; and 
(ii) have expertise in— 
(I) biology (including fish, wild-
life, plant, aquatic, coastal, and ma-
rine biology); 
(II) ecology; 
(III) climate change (including, 
where applicable, ocean acidification, 
drought, flooding, and wildfire); and 
(IV) other relevant scientific dis-
ciplines. 
(C) CHAIR.—The Secretary of the Interior 
shall appoint a Committee Chair from among 
the members of the Committee. 
(D) DUTIES.—The Committee shall— 
(i) advise the Working Group on the 
state of the science regarding— 
(I) the ongoing and expected ef-
fects of extreme weather and climate 
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change on fish, wildlife, and plants; 
and 
(II) 
scientific 
strategies 
and 
mechanisms for fish, wildlife, and 
plant adaptation; 
(ii) identify and recommend priorities 
for ongoing research needs on the issues 
described in clause (i) to inform the re-
search priorities of the Center described in 
paragraph (1) and other Federal climate 
science institutions; and 
(iii) review and comment on each re-
vised National Strategy before that Na-
tional Strategy is finalized. 
(E) 
COLLABORATION.—The 
Committee 
shall collaborate with climate change and fish, 
wildlife, and plant research entities in other 
Federal agencies and departments. 
(F) AVAILABILITY TO PUBLIC.—The advice 
and recommendations of the Committee shall be 
made available to the public. 
(f) STRATEGY IMPLEMENTATION PLAN.— 
(1) DEVELOPMENT.—Not later than 1 year 
after the date of enactment of this Act and not later 
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than 1 year after the date of each revision of the 
National Strategy, the Working Group shall— 
(A) complete a strategy implementation 
plan; 
(B) provide opportunities for public review 
and comment on the plan; and 
(C) submit the plan to the President for 
approval. 
(2) REQUIREMENTS.—The strategy implemen-
tation plan shall— 
(A) identify and prioritize specific con-
servation and management strategies and ac-
tions that address the ongoing and expected ef-
fects of extreme weather and climate change on 
fish, wildlife, and plants, including— 
(i) protection, management, and con-
servation of terrestrial, marine, estuarine, 
and freshwater habitats and ecosystems; 
(ii) establishment of terrestrial, ma-
rine, estuarine, and freshwater habitat 
connectivity corridors; 
(iii) restoration and conservation of 
ecological processes; 
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(iv) protection of a broad diversity of 
species of fish, wildlife, and plant popu-
lations; and 
(v) protection of fish, wildlife, and 
plant health, recognizing that climate can 
alter the distribution and ecology of 
parasites, pathogens, and vectors; 
(B) establish methods— 
(i) to assess the effectiveness of strat-
egies and conservation actions implemented 
by the agencies to protect, manage, and 
conserve fish, wildlife, and plants; and 
(ii) to update those strategies and ac-
tions to respond to new information and 
changing conditions; 
(C) describe current and proposed mecha-
nisms to enhance cooperation and coordination 
of fish, wildlife, and plant adaptation efforts 
with other Federal agencies, State and local 
governments, Indian tribes, and nongovern-
mental stakeholders; 
(D) include written guidance to resource 
managers; and 
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(E) identify and assess data and informa-
tion gaps necessary to develop fish, wildlife, and 
plant adaptation plans and strategies. 
(3) IMPLEMENTATION.— 
(A) IN
GENERAL.—On approval by the 
President, each Federal agency shall, consistent 
with existing authority, implement the strategy 
implementation plan under paragraph (1)(A) 
through existing and new plans, policies, pro-
grams, activities, and actions, including integra-
tion into climate adaptation plans pursuant to 
Executive Order 13653 (42 U.S.C. 4321 note; 
relating to preparation for the impacts of cli-
mate change). 
(B) CONSIDERATION OF EFFECTS.—To the 
maximum extent practicable and consistent with 
existing authority, fish, wildlife, and plant con-
servation and management decisions made by 
each Federal agency shall consider and promote 
resilience to the ongoing and expected effects of 
extreme weather and climate change. 
(4) REVISION AND REVIEW.—Not later than 1 
year after the National Strategy is revised under 
subsection (d)(2), the Working Group shall review 
and revise the strategy implementation plan under 
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subsection (a)(1) to incorporate the best available 
science, including advice and information pursuant 
to subsection (e) and other information, regarding 
the ongoing and expected effects of climate change 
on fish, wildlife, and plants. 
(g) STATE FISH, WILDLIFE, AND PLANTS ADAPTA-
TION PLANS.— 
(1) REQUIREMENT.—To be eligible to receive 
funds pursuant to paragraph (4), not later than 1 
year after the date of enactment of this Act and not 
later than 1 year after the date of each revision of 
the National Strategy, each State shall prepare and 
submit to the Secretary of the Interior and the Sec-
retary of Commerce, a State fish, wildlife, and plant 
adaptation plan detailing current and future efforts 
of the State to address the ongoing and expected ef-
fects of climate change on fish, wildlife, and plants 
and coastal areas within the jurisdiction of the 
State. 
(2) REVIEW OR APPROVAL.—The Secretary of 
the Interior and the Secretary of Commerce shall— 
(A) review each State adaptation plan; and 
(B) approve a State adaptation plan if the 
plan— 
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101 
(f) PUBLIC LANDS SERVICE CORPS PROGRAM.—Sec-
tion 204 of the Public Lands Corps Act of 1993 (16 
U.S.C. 1723), as amended by subsection (b), is amend-
ed— 
(1) by redesignating subsections (c), (d), (e), 
and (f) as subsections (d), (f), (g), and (h), respec-
tively; 
(2) by striking subsections (a) and (b) and in-
serting the following new subsections: 
‘‘(a) ESTABLISHMENT OF PUBLIC LANDS SERVICE 
CORPS.—There is established in the Department of the 
Interior, the Department of Agriculture, and the Depart-
ment of Commerce a Public Lands Service Corps. 
‘‘(b) ESTABLISHMENT OF CORPS OFFICE; COORDI-
NATORS; LIAISON.— 
‘‘(1) ESTABLISHMENT OF OFFICES.— 
‘‘(A) DEPARTMENT OF THE INTERIOR.— 
The Secretary of the Interior shall establish a 
department-level office to coordinate the Corps 
activities within the Department of the Interior. 
‘‘(B) DEPARTMENT
OF
AGRICULTURE.— 
The Secretary of Agriculture shall establish 
within the Forest Service an office to coordinate 
the Corps activities within that agency. 
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