IB 
Union Calendar No. 459 
117TH CONGRESS 
2D SESSION 
H. R. 3326 
[Report No. 117–636, Part I] 
To promote the development of renewable energy on public lands, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2021 
Mr. LEVIN of California introduced the following bill; which was referred to 
the Committee on Natural Resources, and in addition to the Committee 
on Agriculture, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
DECEMBER 14, 2022 
Additional sponsor: Mr. GRIJALVA 
DECEMBER 14, 2022 
Reported from the Committee on Natural Resources 
DECEMBER 14, 2022 
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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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 Renew-
able Energy Development Act of 2021’’. 
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; updates to programmatic environmental impact 
statements. 
Sec. 5. Limited grandfathering. 
Sec. 6. Disposition of revenues. 
Sec. 7. Savings. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
(A) Federal 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; or 
(ii) other Federal law. 
(2) EXCLUSION
AREA.—The term ‘‘exclusion 
area’’ means covered land that is identified by the 
Bureau of Land Management as not suitable for de-
velopment of renewable energy projects. 
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(3) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) public lands; and 
(B) lands of the National Forest System 
as described in section 11(a) of the Forest and 
Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1609(a)). 
(4) FUND.—The term ‘‘Fund’’ means the Re-
newable Energy Resource Conservation Fund estab-
lished by section 6(c)(1). 
(5) LAND
USE
PLAN.—The term ‘‘land use 
plan’’ means— 
(A) in regard to Federal land, a land use 
plan established under the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 
et seq.); and 
(B) in regard to National Forest System 
lands, a land management plan approved, 
amended, or revised under section 6 of the For-
est and Rangeland Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1604). 
(6) 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 
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project, including a designated leasing area (as de-
fined in section 2801.5(b) of title 43, Code of Fed-
eral Regulations (or a successor regulation)) that is 
identified under the rule of the Bureau of Land 
Management 
entitled 
‘‘Competitive 
Processes, 
Terms, and Conditions for Leasing Public Lands for 
Solar and Wind Energy Development and Technical 
Changes and Corrections’’ (81 Fed. Reg. 92122 
(December 19, 2016)) (or a successor regulation). 
(7) 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). 
(8) 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. 
(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 poten-
tially available for renewable energy develop-
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ment and could be approved without a plan 
amendment, 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.)). 
SEC. 
4. 
LAND 
USE 
PLANNING; 
UPDATES 
TO 
PRO-
GRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENTS. 
(a) PRIORITY AREAS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Energy, shall establish 
priority areas on covered land for geothermal, solar, 
and wind energy projects, consistent with the prin-
ciples of multiple use (as defined in the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.)) and the renewable energy per-
mitting goal enacted by the Consolidated Appropria-
tions Act of 2021 (Public Law 116–260). Among 
applications for a given renewable energy source, 
proposed projects located in priority areas for that 
renewable energy source shall— 
(A) be given the highest priority for 
incentivizing deployment thereon; and 
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(B) be offered the opportunity to partici-
pate in any regional mitigation plan developed 
for the relevant priority areas. 
(2) ESTABLISHING PRIORITY AREAS.— 
(A) GEOTHERMAL
ENERGY.—For geo-
thermal energy, the Secretary shall establish 
priority areas as soon as practicable, but not 
later than 5 years, after the date of the enact-
ment of this Act. 
(B) SOLAR ENERGY.—For solar energy— 
(i) solar designated leasing areas (in-
cluding the solar energy zones established 
by Bureau of Land Management Solar En-
ergy Program, established in October 
2012), and any subsequent land use plan 
amendments, shall be considered to be pri-
ority areas for solar energy projects; and 
(ii) the Secretary shall complete a 
process to consider establishing additional 
solar priority areas as soon as practicable, 
but not later than 3 years, after the date 
of the enactment of this Act. 
(C) WIND ENERGY.—For wind energy, the 
Secretary shall complete a process to consider 
establishing additional wind priority areas as 
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soon as practicable, but not later than 3 years, 
after the date of the enactment of this Act. 
(b) VARIANCE AREAS.—Variance areas shall be con-
sidered for renewable energy project development, con-
sistent 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.)) and the renewable energy per-
mitting goal enacted by the Consolidated Appropriations 
Act of 2021 (Public Law 116–260), and applications for 
a given renewable energy source located in those variance 
areas shall be timely processed in order to assist in meet-
ing that goal. 
(c) REVIEW AND MODIFICATION.— 
(1) IN GENERAL.—Not less than once every 10 
years, the Secretary shall— 
(A) review the adequacy of land allocations 
for geothermal, solar, and wind energy priority, 
exclusion, and variance areas for the purpose of 
encouraging and facilitating new renewable en-
ergy development opportunities; and 
(B) based on the review carried out under 
subparagraph (A), add, modify, or eliminate 
priority, variance, and exclusion areas. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to the renewable energy land use planning 
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published in the Desert Renewable Energy Con-
servation Plan developed by the California Energy 
Commission, the California Department of Fish and 
Wildlife, the Bureau of Land Management, and the 
United States Fish and Wildlife Service until Janu-
ary 1, 2030. 
(d) COMPLIANCE WITH THE NATIONAL ENVIRON-
MENTAL POLICY ACT.—For purposes of this section, com-
pliance with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall be accomplished— 
(1) for geothermal energy, by updating the doc-
ument entitled ‘‘Final Programmatic Environmental 
Impact Statement for Geothermal Leasing in the 
Western United States’’, dated October 2008, and 
incorporating any additional regional analyses that 
have been completed by Federal agencies since that 
programmatic environmental impact statement was 
finalized; 
(2) for solar energy, by updating the document 
entitled ‘‘Final Programmatic Environmental Impact 
Statement (PEIS) for Solar Energy Development in 
Six Southwestern States’’, dated July 2012, and in-
corporating any additional regional analyses that 
have been completed by Federal agencies since that 
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programmatic environmental impact statement was 
finalized; and 
(3) for wind energy, by updating the document 
entitled ‘‘Final Programmatic Environmental Impact 
Statement on Wind Energy Development on BLM– 
Administered Lands in the Western United States’’, 
dated July 2005, and incorporating any additional 
regional analyses that have been completed by Fed-
eral agencies since the programmatic environmental 
impact statement was finalized. 
(e) NO EFFECT ON PROCESSING SITE SPECIFIC AP-
PLICATIONS.—Site specific environmental review and 
processing of permits for proposed projects shall proceed 
during preparation of an updated programmatic environ-
mental impact statement, resource management plan, or 
resource management plan amendment. 
(f) COORDINATION.—In developing updates required 
by this section, the Secretary shall coordinate, on an ongo-
ing basis, with appropriate State, Tribal, and local govern-
ments, transmission infrastructure owners and operators, 
developers, and other appropriate entities to ensure that 
priority areas identified by the Secretary are— 
(1) economically viable (including having access 
to existing and planned transmission lines); 
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(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. 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 the enactment of this Act). 
(b) REQUIREMENT TO PAY RENTS AND FEES.—Un-
less 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 Processes, Terms, and Conditions for Leas-
ing Public Lands for Solar and Wind Energy Development 
and Technical Changes and Corrections’’ (81 Fed. Reg. 
92122 (December 19, 2016)). 
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SEC. 6. DISPOSITION OF REVENUES. 
(a) DISPOSITION OF REVENUES.— 
(1) AVAILABILITY.—Except as provided in 
paragraph (2), beginning on January 1, 2022, of 
amounts collected from a wind or solar project as 
bonus bids, rentals, fees, or other payments under a 
right-of-way, permit, lease, or other authorization 
the following shall be made available, without fur-
ther appropriation or fiscal year limitation, as fol-
lows: 
(A) Twenty-five percent shall be paid by 
the Secretary of the Treasury to the State with-
in the boundaries of which the revenue is de-
rived. 
(B) Twenty-five 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 allocated among 
the counties based on the percentage of land 
from which the revenue is derived. 
(C) Twenty-five percent shall be deposited 
in the Treasury and be made available to the 
Secretary to carry out the program established 
under this Act, including the transfer of the 
funds by the Bureau of Land Management to 
other Federal agencies and State agencies to fa-
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cilitate the processing of renewable energy per-
mits on Federal land, with priority given to 
using the amounts, to the maximum extent 
practicable without detrimental impacts to 
emerging markets, to expediting the issuance of 
permits required for the development of renew-
able energy projects in the States from which 
the revenues are derived. 
(D) Twenty-five percent shall be deposited 
in the Renewable Energy Resource Conserva-
tion Fund established by subsection (c). 
(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to the following: 
(A) 
Amounts 
collected 
under 
section 
504(g) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1764(g)). 
(B) Amounts deposited into the National 
Parks and Public Land Legacy Restoration 
Fund under section 200402(b) of title 54, 
United States Code. 
(b) PAYMENTS TO STATES AND COUNTIES.— 
(1) IN GENERAL.—Amounts paid to States and 
counties under subsection (a)(1) shall be used con-
sistent with section 35 of the Mineral Leasing Act 
(30 U.S.C. 191). 
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(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.— 
(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 
administered 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 re-
gions in which renewable energy projects are located 
on Federal land. Such amounts may be used to— 
(A) restore and protect— 
(i) fish and wildlife habitat for af-
fected species; 
(ii) fish and wildlife corridors for af-
fected species; and 
(iii) wetlands, streams, rivers, and 
other natural water bodies in areas af-
fected by wind, geothermal, or solar energy 
development; and 
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(B) preserve and improve recreational ac-
cess 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 exist-
ing Federal land and water that is inaccessible 
or 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 
paragraph (2). 
(4) INVESTMENT OF FUND.— 
(A) IN GENERAL.—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 
outstanding marketable obligations of the 
United States of comparable maturities. 
(B) USE.—Interest earned under subpara-
graph (A) may be expended in accordance with 
this subsection. 
(5) REPORT TO CONGRESS.—At the end of each 
fiscal year, the Secretary shall submit a report to 
the Committee on Natural Resources of the House 
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