Title: Public Land Renewable Energy Development Act of 2019
Policy area: Public Lands and Natural Resources

Summary:
Public Land Renewable Energy Development Act of 2019
This bill sets forth provisions regarding development of geothermal, solar, or wind energy on public lands.
The bill directs the Department of the Interior to establish priority areas on covered land (i.e., public land administered by Interior and not excluded under law from the development of geothermal, solar, or wind energy) for geothermal, solar, or wind energy projects. Other areas shall also be considered for the development of renewable energy projects under this bill, consistent with the principles of multiple use.
Interior shall establish a program to improve federal permit coordination with respect to renewable energy projects carried out on covered land.
Interior and the Department of Agriculture shall seek to issue permits that in total authorize the production of at least 25 gigawatts of electricity from geothermal, solar, or wind energy projects by the end of 2025.
The bill provides for the disposition of revenues from the development of wind or solar energy on covered land. The bill establishes the Renewable Energy Resource Conservation Fund to make funds available to federal, state, and tribal agencies for distribution in regions in which renewable energy projects are located on federal land for (1) restoring and protecting fish and wildlife habitat and corridors for affected species and water resources in areas affected by geothermal, solar, or wind energy development; and (2) preserving and improving recreational access to federal land and water in an affected region.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2666 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2666

To promote the development of renewable energy on public land, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 22, 2019

  Ms. McSally (for herself, Mr. Heinrich, Mr. Gardner, Mr. Udall, Mr. 
Daines, Mr. Tester, Mr. Risch, and Mr. Bennet) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To promote the development of renewable energy on public land, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives 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. DEFINITIONS.

    In this Act:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A) public land; and
                    (B) not excluded from the development of 
                geothermal, solar, or wind energy under--
                            (i) a land use plan established under the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.); or
                            (ii) other Federal law.
            (2) Exclusion area.--The term ``exclusion area'' means 
        covered land that is identified by the Bureau of Land 
        Management as not suitable for development of renewable energy 
        projects.
            (3) Federal land.--The term ``Federal land'' means--
                    (A) National Forest System land; and
                    (B) public land.
            (4) Fund.--The term ``Fund'' means the Renewable Energy 
        Resource Conservation Fund established by section 9(c)(1).
            (5) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
            (6) Priority area.--The term ``priority area'' means 
        covered land identified by the land use planning process of the 
        Bureau of Land Management as being a preferred location for a 
        renewable energy project, including a designated leasing area 
        (as defined in section 2801.5(b) of title 43, Code of Federal 
        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 land.--The term ``public land'' has the meaning 
        given the term ``public lands'' 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 geothermal 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--
                    (A) is not an exclusion area; and
                    (B) is not a priority area.

SEC. 3. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC 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.
            (2) Deadline.--
                    (A) Geothermal energy.--For geothermal energy, the 
                Secretary shall establish priority areas as soon as 
                practicable, but not later than 5 years, after the date 
                of enactment of this Act.
                    (B) Solar energy.--For solar energy, the Secretary 
                shall establish additional priority areas as soon as 
                practicable, but not later than 3 years, after the date 
                of enactment of this Act.
                    (C) Wind energy.--For wind energy, the Secretary 
                shall establish priority 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 renewable energy project development, 
consistent with the principles of multiple use (as defined in section 
103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1702)).
    (c) Review and Modification.--Not less frequently than once every 5 
years, the Secretary shall--
            (1) review the adequacy of land allocations for geothermal, 
        solar, and wind energy priority and variance areas for the 
        purpose of encouraging new renewable energy development 
        opportunities; and
            (2) based on the review carried out under paragraph (1), 
        add, modify, or eliminate priority, variance, and exclusion 
        areas.
    (d) Compliance With the National Environmental Policy Act.--For 
purposes of this section, compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--
            (1) for geothermal energy, by supplementing the October 
        2008 final programmatic environmental impact statement for 
        geothermal leasing in the Western United States, including by 
        incorporating any additional regional analyses that were 
        completed by Federal agencies after the date on which the 
        programmatic environmental impact statement was finalized;
            (2) for solar energy, by supplementing the July 2012 final 
        programmatic environmental impact statement for the Solar 
        Energy Program of the Bureau of Land Management, including by 
        incorporating any additional regional analyses that were 
        completed by Federal agencies after the date on which the 
        programmatic environmental impact statement was finalized; and
            (3) for wind energy, by supplementing the July 2005 final 
        programmatic environmental impact statement for wind energy 
        development, including by incorporating any additional regional 
        analyses that were completed by Federal agencies after the date 
        on which the programmatic environmental impact statement was 
        finalized.
    (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 required by this 
section, the Secretary shall coordinate, on an ongoing basis, with 
appropriate State, Tribal, and local governments, 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 or planned transmission capacity);
            (2) likely to avoid or minimize conflict with habitat for 
        animals and plants, recreation, cultural resources, and other 
        uses of covered land; and
            (3) consistent with section 202 of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1712), including 
        subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).

SEC. 4. ENVIRONMENTAL REVIEW ON COVERED LAND.

    (a) In General.--If the Secretary determines that a proposed 
renewable energy project has been sufficiently analyzed by a 
programmatic environmental impact statement conducted under section 
3(d), the Secretary shall not require any additional review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (b) Additional Environmental Review.--If the Secretary determines 
that additional environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed 
renewable energy project, the Secretary shall rely on the analysis in 
the programmatic environmental impact statement conducted under section 
3(d) to the maximum extent practicable when analyzing the potential 
impacts of the project.
    (c) Relationship to Other Law.--Nothing in this section modifies or 
supersedes any requirement under applicable law.

SEC. 5. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT PERMIT 
              COORDINATION.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish and 
        implement, through the offices established under paragraph (2), 
        a program to improve Federal permit coordination with respect 
        to renewable energy projects on covered land.
            (2) Establishment of offices.--To establish and implement 
        the program described in paragraph (1), and to carry out other 
        necessary activities, as determined by the Secretary, the 
        Secretary shall establish--
                    (A) an office to serve as the National Renewable 
                Energy Coordination Office; and
                    (B) State, district, or field Renewable Energy 
                Coordination Offices, for such time as the Secretary 
                determines to be appropriate.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for purposes of this section, 
        including to specifically expedite the environmental analysis 
        of applications for projects proposed in a variance area or a 
        priority area, with--
                    (A) the Secretary of Defense; and
                    (B) the Secretary of Agriculture.
            (2) State participation.--The Secretary may request the 
        Governor of any interested State to be a signatory to the 
        memorandum of understanding under paragraph (1).
    (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date on 
        which the memorandum of understanding under subsection (b) is 
        executed, all Federal signatories, as appropriate, shall 
        identify for the National Renewable Energy Coordination Office 
        established under subsection (a)(2)(A) and each Renewable 
        Energy Coordination Office established under subsection 
        (a)(2)(B) 1 or more employees who have expertise in the 
        regulatory issues relating to the office in which the employee 
        is employed, including, as applicable, particular expertise 
        in--
                    (A) consultation regarding, and preparation 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 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) the Federal Land Policy and Management 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 National 
                Forest Management Act of 1976 (16 U.S.C. 472a); and
                    (I) the Act of June 8, 1940 (54 Stat. 250, chapter 
                278; 16 U.S.C. 668 et seq.) (commonly known as the 
                ``Bald Eagle Protection 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 personnel 
                working on proposed energy projects, planning, 
                monitoring, inspection, enforcement, and environmental 
                analyses.
    (d) Clarification of Existing Authority.--Section 307 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737) is 
amended by adding at the end the following:
    ``(h) Donations.--The Secretary, in accordance with subsection (c), 
may accept donations from renewable energy companies working on public 
lands, including donations to help cover the costs of environmental 
reviews.''.
    (e) Report to Congress.--
            (1) In general.--Not later than February 1 of the first 
        fiscal year beginning after the date of enactment of this Act, 
        and each February 1 thereafter, the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Natural Resources of the House of 
        Representatives a report describing the progress made under the 
        program established under subsection (a)(1) during the 
        preceding year.
            (2) Inclusions.--Each report under paragraph (1) shall 
        include--
                    (A) projections for renewable energy production and 
                capacity installations; and
                    (B) a description of any problems relating to 
                leasing, permitting, siting, or production.

SEC. 6. INCREASING ECONOMIC CERTAINTY.

    (a) In General.--The Secretary shall consider the total amount paid 
in acreage rental rates, capacity fees, and other recurring annual fees 
in evaluating existing rates paid by renewable energy projects for the 
use of Federal land.
    (b) Increases in Base Rental Rates.--After a base rental rate is 
established on an issuance of a right-of-way authorization, for the 
entire term of the right-of-way authorization, any increase in the base 
rental rate shall be limited to the Implicit Price Deflator-Gross 
Domestic Product Index published by the Bureau of Economic Analysis of 
the Department of Commerce on the date of issuance of the right-of-way 
authorization.
    (c) Reductions in Base Rental Rates.--The Secretary may reduce 
acreage rental rates and capacity fees 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 competitive 
                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 inside priority areas.

SEC. 7. 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.--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 Leasing Public Lands for Solar and Wind Energy 
Development and Technical Changes and Corrections'' (81 Fed. Reg. 92122 
(December 19, 2016)).

SEC. 8. RENEWABLE ENERGY GOAL.

    The Secretary and the Secretary of Agriculture, through management 
of public land and administration of Federal laws, 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 December 31, 2025.

SEC. 9. DISPOSITION OF REVENUES.

    (a) Disposition of Revenues.--Without further appropriation or 
fiscal year limitation, 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 energy on covered land or National Forest 
System land--
            (1) for the period beginning on January 1, 2020, and ending 
        on December 31, 2039--
                    (A) 25 percent shall be paid by the Secretary of 
                the Treasury to the State within the boundaries of 
                which the revenue is derived;
                    (B) 25 percent shall be paid by the Secretary of 
                the Treasury to the 1 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) 15 percent shall be deposited in the Treasury 
                and be made available to the Secretary to carry out the 
                program established under section 5(a), including the 
                transfer of the funds by the Bureau of Land Management 
                to other Federal agencies and State agencies to 
                facilitate the processing of renewable energy permits 
                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 
                renewable energy projects in the States from which the 
                revenues are derived; and
                    (D) 35 percent shall be deposited in the Fund; and
            (2) beginning on January 1, 2040--
                    (A) 25 percent shall be paid by the Secretary of 
                the Treasury to the State within the boundaries of 
                which the revenue is derived;
                    (B) 25 percent shall be paid by the Secretary of 
                the Treasury to the 1 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) 10 percent shall be deposited in the Treasury 
                and be made available to the Secretary to carry out the 
                program established under section 5(a), including the 
                transfer of the funds by the Bureau of Land Management 
                to other Federal agencies and State agencies to 
                facilitate the processing of renewable energy permits 
                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 
                renewable energy projects in the States from which the 
                revenues are derived; and
                    (D) 40 percent shall be deposited in the Fund.
    (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.--
            (1) In general.--There is established in the Treasury a 
        fund, to be known as the ``Renewable Energy 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 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 
                        affected species; and
                            (iii) water resources in areas affected by 
                        wind, geothermal, or solar energy development; 
                        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 Federal land and water that is 
                inaccessible or restricted.
            (3) Partnerships.--The Secretary may enter into cooperative 
        agreements with State, local, and Tribal agencies, nonprofit 
        organizations, and other appropriate 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 subparagraph 
                (A) may be expended in accordance with this subsection.
            (5) Report to congress.--At the end of each fiscal year, 
        the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Natural 
        Resources of the House of Representatives a report 
        identifying--
                    (A) the amounts described in subsection (a) that 
                were collected during that fiscal year, organized by 
                source;
                    (B) the amount and purpose of payments made to each 
                Federal, State, local, and Tribal agency under 
                paragraph (2) during that fiscal year; and
                    (C) the amount remaining in the Fund at the end of 
                the fiscal year.
            (6) 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 subparagraphs (A) and (B) of paragraph (2).

SEC. 10. PROMOTING AND ENHANCING DEVELOPMENT OF GEOTHERMAL ENERGY.

    (a) In General.--Section 234(a) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(a)) is amended by striking ``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:
            ``(2) Authorization.--Effective for fiscal year 2020 and 
        each fiscal year thereafter, amounts deposited under subsection 
        (a) shall be available to the Secretary 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. 11. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND 
              GAS LEASES.

    Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is 
amended--
            (1) in subsection (c), by striking ``The Secretary'' and 
        inserting the following:
            ``(1) In general.--The Secretary'';
            (2) in subsection (b), by redesignating paragraph (3) as 
        paragraph (2) and moving the paragraph so as to appear after 
        paragraph (1) of subsection (c) (as designated by paragraph 
        (1)); and
            (3) in subsection (c) (as amended by paragraphs (1) and 
        (2)), by adding at the end the following:
            ``(3) Land subject to oil and gas lease.--
                    ``(A) Definition of land.--In this paragraph, the 
                term `land' means land that--
                            ``(i) is 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.);
                            ``(ii) is subject to an approved 
                        application for permit to drill; and
                            ``(iii) from which oil and gas production 
                        is occurring.
                    ``(B) Geothermal energy.--Land may be available for 
                noncompetitive leasing under this section to the holder 
                of an oil and gas lease described in subparagraph 
                (A)(i)--
                            ``(i) if the Secretary determines that 
                        geothermal energy will be produced from a well 
                        that is producing or is capable of producing 
                        oil and gas; and
                            ``(ii) to provide for the coproduction of 
                        geothermal energy with oil and gas.''.

SEC. 12. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF 
              GEOTHERMAL RESOURCES.

    Section 4(c) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(c)) (as amended by section 11) is amended by adding at the end the 
following:
            ``(4) 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) subject to subclause (II), is 
                                equal to the market value per acre, as 
                                determined by the Secretary--
                                            ``(aa) under regulations 
                                        promulgated under this 
                                        paragraph;
                                            ``(bb) taking into account 
                                        the data described in 
                                        subparagraph (B)(iii) regarding 
                                        a valid discovery under 
                                        subclause (I) of that 
                                        subparagraph; and
                                            ``(cc) not later than 180 
                                        days after the date on which 
                                        the Secretary receives an 
                                        application for a lease under 
                                        this paragraph; and
                                    ``(II) 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 standards by 
                        which a qualified geothermal professional 
                        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 
                        available for leasing under this Act.
                            ``(iv) Qualified geothermal professional.--
                        The term `qualified geothermal professional' 
                        means an individual who is an engineer or 
                        geoscientist in good 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 
                        eligible to hold a geothermal lease under this 
                        Act (including applicable regulations).
                            ``(vi) Valid discovery.--The term `valid 
                        discovery' means a discovery, by a new or 
                        existing slim hole or production well, of a 
                        geothermal resource that exhibits downhole or 
                        flowing temperature measurements 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--
                                    ``(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 
                        previously 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 
                        geothermal professional has been submitted by 
                        the qualified lessee to the applicable Federal 
                        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 
                                resources; and
                                    ``(II) those geothermal resources 
                                extend into the adjoining areas.
                    ``(C) Regulations for determining fair market 
                value.--The Secretary shall promulgate regulations 
                establishing a procedure to determine fair market value 
                per acre under subparagraph (A)(i)(I) for purposes of 
                this paragraph.
                    ``(D) Administration.--
                            ``(i) In general.--The Secretary shall--
                                    ``(I) publish a notice of any 
                                request to lease land under this 
                                paragraph;
                                    ``(II) provide to a qualified 
                                lessee and publish, with an opportunity 
                                for public comment for a period of 30 
                                days, any proposed determination under 
                                this paragraph of the fair market value 
                                per acre of an area that the qualified 
                                lessee seeks to lease under this 
                                paragraph; and
                                    ``(III) provide to the qualified 
                                lessee and any adversely affected party 
                                the opportunity to appeal the final 
                                determination of the fair market value 
                                per acre of the area 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 Secretary may 
                        not accept any nomination to lease that land 
                        under subsection (a) unless the request has 
                        been denied or withdrawn.
                            ``(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.
                    ``(E) Regulations.--Not later than 270 days after 
                the date of enactment of the Public Land Renewable 
                Energy Development Act of 2019, the Secretary shall 
                issue regulations to carry out this paragraph.''.

SEC. 13. SAVINGS CLAUSE.

    Notwithstanding any other provision of this Act, the Secretary 
shall continue to manage public land 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 consideration of mineral and nonrenewable energy-related projects 
and other nonrenewable energy uses, for the purposes of land use 
planning, permit processing, and conducting environmental reviews.
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