I 
107TH CONGRESS 
2D SESSION 
H. R. 5694
To allow for the augmentation of electric power production at hydroelectric 
facilities located on certain Federal lands by making other Federal lands 
available for renewable energy production, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 17, 2002
Ms. BERKLEY introduced the following bill; which was referred to the Com-
mittee on Resources, and in addition to the Committees on Energy and 
Commerce, and Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To allow for the augmentation of electric power production 
at hydroelectric facilities located on certain Federal lands 
by making other Federal lands available for renewable 
energy production, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND DEFINITIONS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Renewable Energy Lands Act of 2002’’. 
(b) DEFINITIONS.—For purposes of this Act:
(1) The term ‘‘renewable energy’’ means elec-
tric energy generated by solar, wind, or geothermal 
power. 
(2) The term ‘‘candidate sites’’ means sites 
identified under section 4 as candidates for the 
siting of renewable energy production facilities. 
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) The expedited development and deployment 
of energy efficiency and renewable energy tech-
nologies and resources in the United States will both 
increase our energy independence and contribute to 
ensuring our energy security. 
(2) Renewable energy facilities produce cleaner 
energy and have much less impact on the environ-
ment than conventional energy facilities and fuels in 
terms of air pollution, acid rain, and greenhouse 
gases. 
(3) The United States has abundant solar, 
wind, and geothermal resources on Federal lands 
providing, a tremendous potential for the develop-
ment and deployment of renewable energy power. 
(4) The use of solar, wind, and geothermal 
technologies and resources can be enhanced through 
the use of integrated hydroelectric storage systems.
(5) The development and deployment of renew-
able energy technologies and resources on Federal 
lands can be done in an expedited fashion consistent 
with the requirements of the Federal Land Manage-
ment Policy Act of 1976 and the National Environ-
mental Policy Act of 1969. 
SEC. 3. EVALUATION OF FEDERAL HYDROELECTRIC FACIL-
ITY CANDIDATE SITES. 
The Secretary of the Interior, acting through the Bu-
reau of Reclamation and the Bureau of Land Manage-
ment, and in consultation with the Federal Power Mar-
keting Administrations and other appropriate Federal 
agencies, shall evaluate all Federal hydroelectric facilities 
on Federal lands and, within 1 year after the enactment 
of this Act, identify facilities that are candidates for inter-
connection with potential renewable energy generation fa-
cilities. Evaluation criteria to identify candidate facilities 
shall include—
(1) proximity of the hydroelectric facilities to 
Federal lands suitable for renewable energy projects; 
(2) existing transmission capacity infrastruc-
ture in proximity to the hydroelectric facilities;
(3) the need for, and value of, enhanced peak-
ing power production capability in conjunction with 
the hydroelectric facilities;
(4) the value of increased Department of the 
Interior ability to address varied multiple-use con-
cerns, such as water resource management, rec-
reational and wildlife uses, deriving from the addi-
tional margins of generation potentially provided by 
collocated renewable energy production facilities; and 
(5) other criteria to be determined. 
SEC. 4. EVALUATION OF FEDERAL RENEWABLE ENERGY 
PRODUCTION CANDIDATE SITES. 
The Secretary of the Interior, acting through the Bu-
reau of Reclamation and the Bureau of Land Manage-
ment, and in consultation with the Federal Power Mar-
keting Administrations and other appropriate Federal 
agencies, shall, within 1 year after the enactment of this 
Act, evaluate and identify potential renewable energy pro-
duction sites on Federal lands. Evaluation criteria to iden-
tify candidate sites shall include each of the following: 
(1) Proximity to (A) hydroelectric facilities that 
are identified under section 3 as candidates for 
interconnection with potential renewable energy gen-
eration facilities, or (B) support infrastructure, in-
cluding roadways, transmission lines, and other fa-
cilities. 
(2) Topography appropriate for solar, wind, or 
geothermal generation systems.
(3) The absence of cultural or historic re-
sources. 
(4) The impact of facilities on wildlife including 
the likelihood of interference with federally listed 
threatened or endangered species and their habitats. 
(5) The absence of any other potential impedi-
ments to the development of electric energy genera-
tion and transmission facilities. 
Upon completion of the evaluation, the Secretary shall 
publish a list of the sites that the Secretary finds to be 
qualified for the location of renewable energy facilities. 
Such list shall be made available for public comment for 
a period of at least 90 days. 
SEC. 5. ENGINEERING FEASIBILITY ANALYSIS. 
The Secretary of the Interior, acting through the Bu-
reau of Reclamation and the Bureau of Land Manage-
ment, and in consultation with other appropriate Federal 
agencies, shall complete an engineering feasibility analysis 
for sites that are identified under section 4 as candidate 
sites setting forth each of the following: 
(1) The capability and cost estimates of addi-
tional hydro-related transmission equipment addi-
tions (if any) based on pro forma power production 
increases in 1-percent increments up to a total of 10
percent of the subject hydrofacilities current produc-
tion capacity. 
(2) An analysis of the potential financial bene-
fits of coordinated operation of the potential renew-
able energy facilities located at the candidate sites 
with hydroelectric facilities on Federal lands. 
(3) An analysis of the potential environmental 
benefits to affected aquatic ecosystems arising from 
improved flexibility in hydrofacility water manage-
ment attributable to collocated renewable energy sys-
tems. 
SEC. 6. LEASING. 
(a) IN GENERAL.—Upon the completion of the engi-
neering feasibility analysis under section 5 of this Act, the 
Secretary of the Interior, acting through the Director of 
the Bureau of Land Management, shall expeditiously 
make the most promising of the candidate sites identified 
under section 4 available for long-term lease pursuant to 
a competitive bidding process to qualified renewable en-
ergy development firms. In identifying the candidate areas 
to be made available for leasing under this section, the 
Secretary shall locate such areas and determine the size 
of such areas in such manner as will (1) minimize the need 
for additional rights of way for transmission and for trans-
portation, and (2) provide such lands to enable the lessee
to expand the size of any initial facility to be constructed 
on the lease lands. 
(b) ADVERTISING.—The Director of the Bureau of 
Land Management shall publicly advertise the terms and 
conditions of potential long-term lease agreements for the 
candidate sites. 
(c) REQUEST FOR PROPOSALS.—The Director of the 
Bureau of Land Management shall prepare a request for 
proposals to develop the candidate sites identified under 
section 4. 
(d) ISSUANCE OF LEASES.—The leases issued under 
this section shall be for a period of not less than 30 years. 
(e) COMMENCEMENT OF CONSTRUCTION AND OPER-
ATION.—As a condition of any lease under this section, 
the Director of the Bureau of Land Management shall re-
quire lessees to commence construction of a renewable en-
ergy production facility within 24 months of the signing 
of the lease and be fully capable of producing electric en-
ergy for sale within 36 months of the signing of the lease 
for the public lands site. 
SEC. 7. GAO REPORT. 
The Comptroller General of the United States shall 
undertake an investigation of, and prepare and submit to 
the Congress a report on, the existing impediments to the 
construction of renewable energy projects on Federal lands
and the measures, including legislative measures, nec-
essary to expedite the development of such projects. 
SEC. 8. CONTRACT EXPIRATION. 
Upon expiration and renegotiation of any contract for 
the sale of electric energy generated by a Federal hydro-
electric facility on Federal land, the interconnection of po-
tential renewable energy sources to such facility shall be 
evaluated and implemented in accordance with the evalua-
tion criteria as defined in section 3 of this Act.
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