IB 
Union Calendar No. 561 
116TH CONGRESS 
2D SESSION 
H. R. 3794 
[Report No. 116–677, Part I] 
To promote the development of renewable energy on public lands, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2019 
Mr. GOSAR (for himself, Mr. LEVIN of California, Mr. LAMALFA, Mr. 
LOWENTHAL, Mr. HUFFMAN, Mr. TIPTON, Mr. AMODEI, Mr. BEYER, Mr. 
BIGGS, Mr. BISHOP of Utah, Mr. CARTWRIGHT, Ms. DELBENE, Mrs. 
DINGELL, Mr. GAETZ, Ms. HAALAND, Mr. LUJA´N, Mr. NEWHOUSE, Mr. 
SCHWEIKERT, Mr. SIMPSON, Mr. STAUBER, Mr. STEWART, Mr. YOUNG, 
Mr. COOK, Mr. MARSHALL, and Mr. GIANFORTE) introduced the fol-
lowing bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committee on Agriculture, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
DECEMBER 18, 2020 
Additional sponsors: Mr. CASE, Ms. MATSUI, Mr. THOMPSON of California, 
Mr. VAN DREW, Ms. TORRES SMALL of New Mexico, Mr. KILDEE, Ms. 
TITUS, Mr. WESTERMAN, Mr. RUIZ, Mrs. LESKO, Mr. WATKINS, Ms. 
DEGETTE, Mr. NEAL, Mr. PERLMUTTER, Mr. BACON, Ms. SLOTKIN, 
Mrs. TORRES of California, Mr. BLUMENAUER, Mr. FOSTER, Mr. KIL-
MER, Mr. ROUDA, Mr. QUIGLEY, Mr. KRISHNAMOORTHI, Ms. PINGREE, 
Mr. PETERS, Mr. LAMBORN, Ms. BROWNLEY of California, Mr. KEN-
NEDY, Mr. KIND, Mr. KHANNA, Mr. KIM, Mr. COX of California, Mr. 
KEATING, Mr. CROW, Mr. RUTHERFORD, Mr. COOPER, Mr. MCADAMS, 
Mr. CUNNINGHAM, Mr. SABLAN, Mr. MCEACHIN, Mr. COSTA, Mr. SIRES, 
Mr. POSEY, Mr. KATKO, Mrs. NAPOLITANO, and Mrs. BEATTY 
DECEMBER 18, 2020 
Reported from the Committee on Natural Resources with an amendment 
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[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 18, 2020 
Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on July 17, 2019] 
A BILL 
To promote the development of renewable energy on public 
lands, and for other purposes. 
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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 ‘‘Public Land Renewable 
Energy Development Act of 2019’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Definitions. 
Sec. 4. Land use planning; supplements to programmatic environmental impact 
statements. 
Sec. 5. Environmental review on covered land. 
Sec. 6. Program to improve renewable energy project permit coordination. 
Sec. 7. Increasing economic certainty. 
Sec. 8. Limited grandfathering. 
Sec. 9. Renewable energy goal. 
Sec. 10. Disposition of revenues. 
Sec. 11. Promoting and enhancing development of geothermal energy. 
Sec. 12. Facilitation of coproduction of geothermal energy on oil and gas leases. 
Sec. 13. Noncompetitive leasing of adjoining areas for development of geothermal 
resources. 
Sec. 14. Savings clause. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
(A) public lands administered by the Sec-
retary; and 
(B) not excluded from the development of 
geothermal, solar, or wind energy under— 
(i) a land use plan established under 
the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.); or 
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(ii) other Federal law. 
(2) EXCLUSION
AREA.—The term ‘‘exclusion 
area’’ means covered land that is identified by the 
Bureau of Land Management as not suitable for de-
velopment of renewable energy projects. 
(3) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) land of the National Forest System (as 
defined in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 
(16 U.S.C. 1609(a))); or 
(B) public lands. 
(4) FUND.—The term ‘‘Fund’’ means the Renew-
able Energy Resource Conservation Fund established 
by section 10(c)(1). 
(5) PRIORITY AREA.—The term ‘‘priority area’’ 
means covered land identified by the land use plan-
ning process of the Bureau of Land Management as 
being a preferred location for a renewable energy 
project, including a designated leasing area (as de-
fined in section 2801.5(b) of title 43, Code of Federal 
Regulations (or a successor regulation)) that is identi-
fied under the rule of the Bureau of Land Manage-
ment entitled ‘‘Competitive Processes, Terms, and 
Conditions for Leasing Public Lands for Solar and 
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Wind Energy Development and Technical Changes 
and Corrections’’ (81 Fed. Reg. 92122 (December 19, 
2016)) (or a successor regulation). 
(6) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103 of the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1702). 
(7) RENEWABLE ENERGY PROJECT.—The term 
‘‘renewable energy project’’ means a project carried 
out on covered land that uses wind, solar, or geo-
thermal energy to generate energy. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) VARIANCE AREA.—The term ‘‘variance area’’ 
means covered land that is— 
(A) not an exclusion area; 
(B) not a priority area; and 
(C) identified by the Secretary as poten-
tially available for renewable energy development 
and could be approved without a plan amend-
ment, consistent with the principles of multiple 
use (as that term is defined in the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.)). 
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SEC. 4. LAND USE PLANNING; SUPPLEMENTS TO PRO-
GRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENTS. 
(a) PRIORITY AREAS.— 
(1) IN GENERAL.—The Secretary, in consultation 
with the Secretary of Energy, shall establish priority 
areas on covered land for geothermal, solar, and wind 
energy projects. Projects located in those priority 
areas shall be given the highest priority for review, 
and shall be offered the opportunity to participate in 
any regional mitigation plan developed for the rel-
evant priority areas. 
(2) DEADLINE.— 
(A) 
GEOTHERMAL
ENERGY.—For 
geo-
thermal energy, the Secretary shall establish pri-
ority areas as soon as practicable, but not later 
than 5 years, after the date of the enactment of 
this Act. 
(B) SOLAR
ENERGY.—For solar energy, 
solar Designated Leasing Areas, including the 
solar energy zones established by the 2012 west-
ern solar plan of the Bureau of Land Manage-
ment and any subsequent land use plan amend-
ments, shall be considered to be priority areas for 
solar energy projects. The Secretary shall estab-
lish additional solar priority areas as soon as 
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practicable, but not later than 3 years, after the 
date of the enactment of this Act. 
(C) WIND ENERGY.—For wind energy, the 
Secretary shall establish additional wind pri-
ority areas as soon as practicable, but not later 
than 3 years, after the date of the enactment of 
this Act. 
(b) VARIANCE AREAS.—To the maximum extent prac-
ticable, variance areas shall be considered for renewable en-
ergy project development, consistent with the principles of 
multiple use (as defined in the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.)). 
(c) REVIEW AND MODIFICATION.—Not less than once 
every 5 years, the Secretary shall— 
(1) review the adequacy of land allocations for 
geothermal, solar, and wind energy priority and vari-
ance areas for the purpose of encouraging new renew-
able energy development opportunities; and 
(2) based on the review carried out under para-
graph (1), add, modify, or eliminate priority, vari-
ance, and exclusion areas. 
(d) COMPLIANCE WITH
THE NATIONAL ENVIRON-
MENTAL POLICY ACT.—For purposes of this section, compli-
ance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) shall be accomplished— 
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(1) for geothermal energy, by supplementing the 
October 2008 final programmatic environmental im-
pact statement for geothermal leasing in the Western 
United States and incorporating any additional re-
gional analyses that have been completed by Federal 
agencies since the programmatic environmental im-
pact statement was finalized; 
(2) for solar energy, by supplementing the July 
2012 final programmatic environmental impact state-
ment for solar energy development and incorporating 
any additional regional analyses that have been com-
pleted by Federal agencies since the programmatic en-
vironmental impact statement was finalized; and 
(3) for wind energy, by supplementing the July 
2005 final programmatic environmental impact state-
ment for wind energy development and incorporating 
any additional regional analyses that have been com-
pleted by Federal agencies since the programmatic en-
vironmental impact statement was finalized. 
(e) NO EFFECT ON PROCESSING APPLICATIONS.—Any 
requirements to prepare a supplement to a programmatic 
environmental impact statement under this section shall 
not result in any delay in processing a pending application 
for a renewable energy project. 
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(f) COORDINATION.—In developing a supplement re-
quired by this section, the Secretary shall coordinate, on 
an ongoing basis, with appropriate State, Tribal, and local 
governments, transmission infrastructure owners and oper-
ators, developers, and other appropriate entities to ensure 
that priority areas identified by the Secretary are— 
(1) economically viable (including having access 
to existing and/or planned transmission lines); 
(2) likely to avoid or minimize impacts to habi-
tat for animals and plants, recreation, cultural re-
sources, 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)). 
SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND. 
(a) IN GENERAL.—If the Secretary determines that a 
proposed renewable energy project has been sufficiently ana-
lyzed by a programmatic environmental impact statement 
conducted under section 4(d), the Secretary shall not re-
quire any additional review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The 
Secretary shall publish any such project determinations on 
a publicly available website. 
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(b) ADDITIONAL ENVIRONMENTAL REVIEW.—If the 
Secretary determines that additional environmental review 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) is necessary for a proposed renewable 
energy project, the Secretary shall rely on the analysis in 
the programmatic environmental impact statement con-
ducted under section 4(d), to the maximum extent prac-
ticable when analyzing the potential impacts of the project. 
(c) RELATIONSHIP TO OTHER LAW.—Nothing in this 
section modifies or supersedes any requirement under appli-
cable law. 
SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY 
PROJECT PERMIT COORDINATION. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
national Renewable Energy Coordination Office and State, 
district, or field offices with responsibility to establish and 
implement a program to improve Federal permit coordina-
tion with respect to renewable energy projects on covered 
land and other activities deemed necessary by the Secretary. 
In carrying out the program, the Secretary may tempo-
rarily assign qualified staff to Renewable Energy Coordina-
tion Offices to expedite the permitting of renewable energy 
projects. 
(b) MEMORANDUM OF UNDERSTANDING.— 
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(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
shall enter into a memorandum of understanding for 
purposes of this section, including to specifically expe-
dite the environmental analysis of applications for 
projects proposed in a variance area or a priority 
area, with the Secretary of Defense and the Secretary 
of Agriculture. 
(2) STATE
AND
TRIBAL
PARTICIPATION.—The 
Secretary may request the Governor of any interested 
State or any Tribal leader of any interested Indian 
Tribe (as defined in section 4 of the Indian Self-De-
termination and Education Assistance Act (25 U.S.C. 
5304)) to be a signatory to the memorandum of un-
derstanding under paragraph (1). 
(c) DESIGNATION OF QUALIFIED STAFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the memorandum of understanding 
under subsection (b) is executed, all Federal signato-
ries, as appropriate, shall identify for each of the Bu-
reau of Land Management Renewable Energy Coordi-
nation Offices one or more employees who have exper-
tise in the regulatory issues relating to the office in 
which the employee is employed, including, as appli-
cable, particular expertise in— 
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(A) consultation regarding, and prepara-
tion of, biological opinions under section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 
1536); 
(B) permits under section 404 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1344); 
(C) regulatory matters under the Clean Air 
Act (42 U.S.C. 7401 et seq.); 
(D) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); 
(E) the Migratory Bird Treaty Act (16 
U.S.C. 703 et seq.); 
(F) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
(G) implementation of the requirements of 
section 306108 of title 54, United States Code 
(formerly known as section 106 of the National 
Historic Preservation Act); 
(H) planning under section 14 of the Na-
tional Forest Management Act of 1976 (16 
U.S.C. 472a); 
(I) the Bald and Golden Eagle Protection 
Act (16 U.S.C. 668–668d); and 
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(J) section 100101(a), chapter 1003, and 
sections 100751(a), 100752, 100753 and 102101 
of title 54 , United States Code (previously 
known as the ‘‘National Park Service Organic 
Act’’). 
(2) DUTIES.—Each employee assigned under 
paragraph (1) shall— 
(A) be responsible for addressing all issues 
relating to the jurisdiction of the home office or 
agency of the employee; and 
(B) participate as part of the team of per-
sonnel working on proposed energy projects, 
planning, monitoring, inspection, enforcement, 
and environmental analyses. 
(d) ADDITIONAL PERSONNEL.—The Secretary may as-
sign such additional personnel for the Bureau of Land 
Management Renewable Energy Coordination Offices as are 
necessary to ensure the effective implementation of any pro-
grams administered by the offices in accordance with the 
multiple use mandate of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et seq.). 
(e) CLARIFICATION OF EXISTING AUTHORITY.—Under 
section 307 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1737), the Bureau of Land Manage-
ment may— 
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(1) accept donations for the purposes of public 
lands management; and 
(2) accept donations from renewable energy com-
panies working on public lands to help cover the costs 
of environmental reviews. 
(f) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than February 1 of 
the first fiscal year beginning after the date of the en-
actment of this Act, and each February 1 thereafter, 
the Secretary shall submit to the Committee on En-
ergy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Rep-
resentatives a report describing the progress made 
under the program established under subsection (a) 
during the preceding year. 
(2) INCLUSIONS.—Each report under this sub-
section shall include— 
(A) projections for renewable energy produc-
tion and capacity installations; and 
(B) a description of any problems relating 
to leasing, permitting, siting, or production. 
SEC. 7. INCREASING ECONOMIC CERTAINTY. 
(a) CONSIDERATIONS.—The Secretary is authorized to 
and shall consider acreage rental rates, capacity fees, and 
other recurring annual fees in total when evaluating exist-
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ing rates paid for the use of Federal land by renewable en-
ergy projects. 
(b) INCREASES IN BASE RENTAL RATES.—Once a base 
rental rate is established upon the issuance of a right-of- 
way authorization, increases in the base rent shall be lim-
ited to the Implicit Price Deflator–Gross Domestic Product 
(IPD–GDP) index for the entire term of the right-of-way 
authorization. 
(c) REDUCTIONS IN BASE RENTAL RATES.—The Sec-
retary is authorized to reduce acreage rental rates and ca-
pacity fees, or both, for existing and new wind and solar 
authorizations if the Secretary determines— 
(1) that the existing rates— 
(A) exceed fair market value; 
(B) impose economic hardships; 
(C) limit commercial interest in a competi-
tive lease sale or right-of-way grant; or 
(D) are not competitively priced compared 
to other available land; or 
(2) that a reduced rental rate or capacity fee is 
necessary to promote the greatest use of wind and 
solar energy resources, especially those resources in-
side priority areas. Rental rates and capacity fees for 
projects that are within the boundaries of a Des-
ignated Leasing Area but not formally recognized as 
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being in such an area shall be equivalent to rents and 
fees for new leases inside of a Designated Leasing 
Area. 
SEC. 8. LIMITED GRANDFATHERING. 
(a) DEFINITION OF PROJECT.—In this section, the 
term ‘‘project’’ means a system described in section 
2801.9(a)(4) of title 43, Code of Federal Regulations (as 
in effect on the date of enactment of this Act). 
(b) REQUIREMENT TO PAY RENTS AND FEES.—Unless 
otherwise agreed to by the owner of a project, the owner 
of a project that applied for a right-of-way under section 
501 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1761) on or before December 19, 2016, shall 
be obligated to pay with respect to the right-of-way all rents 
and fees in effect before the effective date of the rule of the 
Bureau of Land Management entitled ‘‘Competitive Proc-
esses, Terms, and Conditions for Leasing Public Lands for 
Solar and Wind Energy Development and Technical 
Changes and Corrections’’ (81 Fed. Reg. 92122 (December 
19, 2016)). 
SEC. 9. RENEWABLE ENERGY GOAL. 
The Secretary and the Secretary of Agriculture shall 
seek to issue permits that, in total, authorize production 
of not less than 25 gigawatts of electricity from wind, solar, 
and geothermal energy projects by not later than 2025, 
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through management of public lands and administration 
of Federal laws. 
SEC. 10. DISPOSITION OF REVENUES. 
(a) DISPOSITION OF REVENUES.—Beginning on Janu-
ary 1, 2020, of the amounts collected as bonus bids, rentals, 
fees, or other payments under a right-of-way, permit, lease, 
or other authorization (other than 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 or National Forest System land, the 
following shall be made available without further appro-
priation or fiscal year limitation as follows: 
(1) Twenty-five percent shall be paid by the Sec-
retary of the Treasury to the State within the bound-
aries of which the revenue is derived. 
(2) Twenty-five percent shall be paid by the Sec-
retary of the Treasury to the one or more counties 
within the boundaries of which the revenue is derived, 
to be allocated among the counties based on the per-
centage of land from which the revenue is derived. 
(3) Fifteen percent shall be deposited in the 
Treasury and be made available to the Secretary to 
carry out the program established under this Act, in-
cluding the transfer of the funds by the Bureau of 
Land Management to other Federal agencies and 
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State agencies to facilitate the processing of renewable 
energy permits on Federal land, with priority given 
to using the amounts, to the maximum extent prac-
ticable without detrimental impacts to emerging mar-
kets, to expediting the issuance of permits required for 
the development of renewable energy projects in the 
States from which the revenues are derived. 
(4) Twenty-five percent shall be deposited in the 
Renewable Energy Resource Conservation Fund estab-
lished by subsection (c). 
(5) The remainder shall be deposited into the 
general fund of the Treasury for purposes of reducing 
the annual Federal budget deficit. 
(b) PAYMENTS TO STATES AND COUNTIES.— 
(1) IN GENERAL.—Amounts paid to States and 
counties under subsection (a) shall be used consistent 
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 fund to be known as the Renewable En-
ergy Resource Conservation Fund, which shall be ad-
ministered by the Secretary, in consultation with the 
Secretary of Agriculture. 
(2) USE OF FUNDS.—The Secretary may make 
amounts in the Fund available to Federal, State, 
local, and Tribal agencies to be distributed 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 affected 
species; 
(ii) fish and wildlife corridors for af-
fected species; and 
(iii) wetlands, streams, rivers, and 
other natural water bodies in areas affected 
by wind, geothermal, or solar energy devel-
opment; and 
(B) preserving and improving recreational 
access to Federal land and water in an affected 
region through an easement, right-of-way, or 
other instrument from willing landowners for the 
purpose of enhancing public access to existing 
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Federal land and water that is inaccessible or re-
stricted. 
(3) RESTRICTION ON USE OF FUNDS.—No funds 
made available under this subsection may be used for 
the purchase of real property unless in fulfillment of 
paragraph (2)(B). 
(4) 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). 
(5) INVESTMENT OF FUND.— 
(A) IN GENERAL.—Any amounts deposited 
in the Fund shall earn interest in an amount de-
termined by the Secretary of the Treasury on the 
basis of the current average market yield on out-
standing 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. 
(6) REPORT TO CONGRESS.—At the end of each 
fiscal year, the Secretary shall report to the Com-
mittee on Natural Resources of the House of Rep-
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resentatives and the Committee on Energy and Nat-
ural Resources of the Senate— 
(A) the amount collected as described in 
subsection (a), by source, during that fiscal year; 
(B) the amount and purpose of payments 
during that fiscal year to each Federal, State, 
local, and Tribal agency under paragraph (2); 
and 
(C) the amount remaining in the Fund at 
the end of the fiscal year. 
(7) 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 activities described in subpara-
graphs (A) and (B) of paragraph (2). 
SEC. 11. PROMOTING AND ENHANCING DEVELOPMENT OF 
GEOTHERMAL ENERGY. 
(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— 
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(1) by striking ‘‘Amounts’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Amounts’’; and 
(2) by adding at the end the following: 
‘‘(2) AUTHORIZATION.—Effective for fiscal year 
2019 and each fiscal year thereafter, amounts depos-
ited under subsection (a) shall be available to the Sec-
retary of the Interior for expenditure, without further 
appropriation or fiscal year limitation, to implement 
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 
et seq.) and this Act.’’. 
SEC. 
12. 
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 fol-
lowing: 
‘‘(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 pro-
duction is occurring may be available for noncompeti-
tive leasing under subsection (c) by the holder of the 
oil and gas lease— 
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‘‘(A) on a determination that geothermal 
energy will be produced from a well producing 
or capable of producing oil and gas; and 
‘‘(B) in order to provide for the coproduc-
tion of geothermal energy with oil and gas.’’. 
SEC. 13. NONCOMPETITIVE LEASING OF ADJOINING AREAS 
FOR DEVELOPMENT OF GEOTHERMAL RE-
SOURCES. 
Section 4(b) of the Geothermal Steam Act of 1970 (30 
U.S.C. 1003(b)) is further 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; 
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‘‘(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 ap-
plication for the lease; and 
‘‘(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 profes-
sional assesses whether downhole or flowing 
temperature measurements with indications 
of permeability are sufficient to produce en-
ergy from geothermal resources, as deter-
mined through flow or injection testing or 
measurement of lost circulation while drill-
ing. 
‘‘(iii) QUALIFIED
FEDERAL
LAND.— 
The term ‘qualified Federal land’ means 
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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 
professional standing with at least 5 years 
of experience in geothermal exploration, de-
velopment, or project assessment. 
‘‘(v) QUALIFIED
LESSEE.—The term 
‘qualified lessee’ means a person who may 
hold a geothermal lease under this Act (in-
cluding applicable regulations). 
‘‘(vi) VALID
DISCOVERY.—The term 
‘valid discovery’ means a discovery of a geo-
thermal 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 geo-
thermal resources may be available for a non-
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competitive lease under this section to the quali-
fied lessee at the fair market value per acre, if— 
‘‘(i) the area of qualified Federal 
land— 
‘‘(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 Federal 
land management agency that would lead 
individuals who are experienced in the sub-
ject matter to believe that— 
‘‘(I) there is a valid discovery of 
geothermal resources on the land for 
which the qualified lessee holds the 
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legal right to develop geothermal re-
sources; and 
‘‘(II) that geothermal feature ex-
tends into the adjoining areas. 
‘‘(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 Sec-
retary; 
‘‘(III) provide to a qualified lessee 
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 quali-
fied lessee seeks to lease under this 
paragraph; and 
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‘‘(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 
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 purposes 
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 the enactment of this para-
graph, the Secretary shall issue regulations to 
carry out this paragraph.’’. 
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SEC. 14. SAVINGS CLAUSE. 
Notwithstanding any other provision of this Act, the 
Secretary shall continue to manage public lands under the 
principles of multiple use and sustained yield in accordance 
with title I of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.), including due consid-
eration of mineral and nonrenewable energy-related projects 
and other nonrenewable energy uses, for the purposes of 
land use planning, permit processing, and conducting envi-
ronmental reviews. 
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Union Calendar No. 561 
116TH CONGRESS 
2D SESSION 
H. R. 3794 
[Report No. 116–677, Part I] 
A BILL 
To promote the development of renewable energy 
on public lands, and for other purposes. 
DECEMBER 18, 2020 
Reported from the Committee on Natural Resources with 
an amendment 
DECEMBER 18, 2020 
Committee on Agriculture discharged; committed to the 
Committee of the Whole House on the State of the 
Union and ordered to be printed 
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