H.R. 2301

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2301 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 2301

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 24, 2025

Mr. Levin 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 Speaker, 
in each case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned

_______________________________________________________________________

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. DEFINITIONS.

In this Act:
(1) Covered land.--The term ``covered land'' means land 
that is--
(A) Federal land;
(B) not excluded from the development of 
geothermal, solar, or wind energy under--
(i) a land use plan; or
(ii) other Federal law; and
(C) not included in an area--
(i) that is subject to the Desert Renewable 
Energy Conservation 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; or
(ii) for which the Secretary determines 
existing wind and solar energy land use 
planning meets or exceeds the standards 
established under section 3.
(2) Energy storage project.--The term ``energy storage 
project'' means equipment that--
(A) receives, stores, and delivers energy using 
batteries, compressed air, pumped hydropower, hydrogen 
storage (including hydrolysis), thermal energy storage, 
regenerative fuel cells, flywheels, capacitors, 
superconducting magnets, or other technologies 
identified by the Secretary of Energy; and
(B) has a storage capacity of not less than 5 
kilowatt hours.
(3) 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.
(4) Federal land.--The term ``Federal land'' means--
(A) public land; and
(B) National Forest System lands administered by 
the Department of Agriculture through the Forest 
Service where the Secretary has authority to issue 
leases for the development and utilization of 
geothermal resources under section 3 and section 15 of 
the Geothermal Steam Act of 1970 (30 U.S.C. 1002, 
1014).
(5) Fund.--The term ``Fund'' means the Renewable Energy 
Resource Conservation Fund established by section 6(c)(1).
(6) Land use plan.--The term ``land use plan'' means--
(A) with respect to public 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) with respect to National Forest System land, a 
land management plan approved, amended, or revised 
under section 6 of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604).
(7) 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)).
(8) 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 an area that is identified 
as a designated leasing area 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).
(9) 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).
(10) Renewable energy project.--The term ``renewable energy 
project''--
(A) means a project carried out on covered land 
that--
(i) uses wind, solar, or geothermal energy 
to generate energy; or
(ii) transmits electricity to support wind, 
solar, or geothermal energy generation; and
(B) may include an associated energy storage 
project.
(11) Secretary.--The term ``Secretary'' means the Secretary 
of the Interior.

SEC. 2. UPDATING NATIONAL GOALS FOR RENEWABLE ENERGY PRODUCTION ON 
FEDERAL LAND.

Section 3104 of the Energy Act of 2020 (43 U.S.C. 3004) is 
amended--
(1) in subsection (b)--
(A) by striking ``25'' and inserting ``60''; and
(B) by striking ``2025'' and inserting ``December 
31, 2030''; and
(2) by adding at the end the following:
``(c) Update.--Not later than 18 months after the date of enactment 
of this subsection, the Secretary, in consultation with the Secretary 
of Agriculture and the heads of other relevant Federal agencies, shall 
update the national goals for renewable energy production on Federal 
land established under subsection (a).''.

SEC. 3. LAND USE PLANNING AND UPDATES TO PROGRAMMATIC ENVIRONMENTAL 
IMPACT STATEMENTS.

(a) Priority Areas.--
(1) Establishment of priority areas; designation of areas 
eligible for the submission of renewable energy project 
applications.--
(A) In general.--For purposes of renewable energy 
planning, the Secretary, consistent with the 
requirements described in subparagraph (B), shall--
(i) designate areas on covered land 
eligible for the submission of renewable energy 
project applications; and
(ii) consider establishing priority areas 
on covered land for renewable energy projects.
(B) Requirements.--In carrying out activities under 
clauses (i) and (ii) of subparagraph (A), the Secretary 
shall comply with--
(i) 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)); and
(ii) the national goals for renewable 
energy production established under section 
3104 of the Energy Act of 2020 (43 U.S.C. 
3004), including the minimum production goal 
described in subsection (b) of that section.
(2) Priority for certain applications.--In considering 
applications for renewable energy projects on covered land, 
with respect to an application for a proposed renewable energy 
project on covered land that is to be carried out in a priority 
area, the Secretary shall--
(A) prioritize the application to be carried out in 
any identified priority area; and
(B) on approval of the application, provide to the 
applicant who submitted the application the opportunity 
to participate in any regional mitigation plan 
developed for the applicable priority area.
(3) Programmatic planning.--
(A) Solar energy.--As soon as practicable, but not 
later than 18 months after the Record of Decision 
titled ``Approved Record of Decision and Amendments/
Record of Decision for Utility-Scale Solar Energy 
Development'' dated December 2024 was issued, the 
Secretary shall consider establishing priority areas on 
covered land for Solar energy projects in the planning 
area (as defined in the Record of Decision).
(B) Wind energy.--As soon as practicable, but not 
later than 1 year after the date of enactment of this 
Act, the Secretary shall initiate a review of the final 
programmatic Environment Impact Statement referenced in 
the notice of availability entitled ``Notice of 
Availability of the Final Programmatic Environmental 
Impact Statement on Wind Energy Development on BLM-
Administered Lands in the Western United States, 
Including Proposed Amendments to Selected Land Use 
Plans'' (70 Fed. Reg. 36651 (June 24, 2005)), that 
considers establishment of wind application and 
priority areas on covered lands, and complete that 
review within 3 years of issuing a notice of intent.
(b) Review and Modification.--
(1) In general.--Subject to paragraph (2), not less 
frequently than once every 10 years, the Secretary shall--
(A) after an opportunity for public comment, review 
the adequacy of all land allocations for renewable 
energy projects for the purposes of--
(i) encouraging and facilitating new 
renewable energy projects; and
(ii) consistent with a mitigation sequence 
of avoiding, minimizing, and compensating for 
adverse impacts to other public uses and values 
of covered land, including--
(I) wildlife habitat;
(II) species listed as threatened 
or endangered under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et 
seq.);
(III) water resources;
(IV) cultural resources;
(V) recreational uses;
(VI) land with wilderness 
characteristics;
(VII) land with special management 
designations; and
(VIII) areas of Tribal importance; 
and
(B) based on the review carried out under 
subparagraph (A), add, modify, or eliminate priority 
areas, exclusion areas, and areas on covered land open 
or closed to solar or wind energy right-of-way 
applications or to geothermal leasing.
(2) Limitation.--Paragraph (1) shall not apply to any 
covered land that the Secretary determines, after seeking 
public input, is subject to an existing land use plan that 
meets the purposes described in paragraph (1)(A).
(3) Report.--If the Secretary determines, in an annual 
report required under subsection (g) of section 3102 of the 
Energy Act of 2020 (43 U.S.C. 3002) (as redesignated by section 
4(a)(1)), that the national goal for renewable energy 
production established under subsection (a) of section 3104 of 
that Act (43 U.S.C. 3004), including the minimum production 
goal established under subsection (b) of that section, may not 
be met, the Secretary shall act more frequently than otherwise 
required by this section to designate areas eligible for the 
submission of renewable energy project applications and 
establish additional priority areas for renewable energy 
projects.
(c) Compliance With the National Environmental Policy Act of 
1969.--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--
(A) by updating the document entitled ``Final 
Programmatic Environmental Impact Statement for 
Geothermal Leasing in the Western United States'' and 
dated October 2008; and
(B) by incorporating into the updated document 
under subparagraph (A) any additional regional analyses 
completed by Federal agencies after the date on which 
the document described in that subparagraph was 
finalized;
(2) for solar energy--
(A) by updating the document entitled ``Final 
Programmatic Environmental Impact Statement (PEIS) for 
Solar Energy Development in Six Southwestern States'' 
and dated July 2012; and
(B) by incorporating into the updated document 
under subparagraph (A) any additional regional analyses 
completed by Federal agencies after the date on which 
the document described in that subparagraph was 
finalized; and
(3) for wind energy--
(A) by updating the document entitled ``Final 
Programmatic Environmental Impact Statement on Wind 
Energy Development on BLM-Administered Lands in the 
Western United States'' and dated June 2005; and
(B) by incorporating into the updated document 
under subparagraph (A) any additional regional analyses 
completed by Federal agencies after the date on which 
the document described in that subparagraph was 
finalized.
(d) No Effect on Processing Site-Specific Applications.--Nothing in 
this section modifies any requirement to conduct site-specific 
environmental reviews or process permits for proposed renewable energy 
projects during preparation of an updated programmatic environmental 
impact statement, land use plan, or amendment to a land use plan.
(e) Coordination.--In developing any update required under this 
section, the Secretary shall coordinate, on an ongoing basis, with 
appropriate State, Tribal, and local governments, transmission 
infrastructure owners, operators, and developers, renewable energy 
developers, and other appropriate entities to ensure that priority 
areas established by the Secretary under this section take into 
account--
(1) economic viability (including having access to existing 
or planned transmission lines);
(2) consistency with a mitigation sequence to avoid, 
minimize, and compensate for impacts to--
(A) fish, wildlife, or plants;
(B) fish, wildlife, or plant habitat;
(C) recreational uses;
(D) land with wilderness characteristics;
(E) land with special management designations;
(F) cultural resources;
(G) areas of Tribal importance; and
(H) other uses of covered land;
(3) feasibility of siting on previously disturbed land, 
including commercial and industrial land, mine land, and 
previously contaminated sites; and
(4) consistency 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)).
(f) Transmission.--In carrying out this section, the Secretary 
shall--
(1) determine whether adequate transmission exists for 
renewable energy projects on covered land; and
(2) if a determination is made in the negative under 
paragraph (1), in coordination with the heads of other relevant 
Federal agencies, review existing land use plans to determine 
if amendments to those land use plans would be appropriate to 
support adequate transmission capability.
(g) Incentives for Renewable Energy Development in Priority 
Areas.--The Secretary may establish, by regulation, incentives to be 
provided to individuals carrying out renewable energy projects in 
priority areas established under this section.

SEC. 4. IMPROVING WIND AND SOLAR ENERGY PROJECT PERMITTING.

(a) Role of Renewable Energy Coordination Offices.--Section 3102 of 
the Energy Act of 2020 (43 U.S.C. 3002) is amended--
(1) by redesignating subsections (e) and (f) as subsections 
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Processing of Wind and Solar Energy Applications.--
``(1) Delegation to state renewable energy coordination 
offices.--
``(A) In general.--Notwithstanding any other 
provision of law, the Secretary may delegate to a State 
Renewable Energy Coordination Office the authority to 
process applications for eligible projects proposed to 
be carried out on land managed by the Bureau of Land 
Management in the applicable State.
``(B) Roles and responsibilities of managers.--For 
purposes of processing applications described in 
subparagraph (A), the manager of the applicable State 
Renewable Energy Coordination Office--
``(i) shall have the authority to issue 
grants or leases for eligible projects;
``(ii) with the approval of the State 
Director of the applicable Bureau of Land 
Management State Office, may use other 
employees in field and district offices of the 
applicable Bureau of Land Management State 
Office, or hire additional experts, to assist 
with timely processing of applications, with 
the costs of hiring additional experts to be 
charged to applicants; and
``(iii) shall report to the State Director 
of the applicable Bureau of Land Management 
State Office.
``(2) Prohibition of delegation to employees of field or 
district offices.--Except as provided in paragraph (1)(B)(ii), 
the Secretary may not delegate to employees of field or 
district offices of the Bureau of Land Management the authority 
to process applications for eligible projects proposed to be 
carried out on land managed by the Bureau of Land 
Management.''.
(b) Cost Recovery Agreements.--
(1) In general.--Not later than 30 days after the date on 
which an applicant submits a complete application for a right-
of-way for a wind or solar energy project, including submission 
of the filing fee required under section 2804.12 of title 43, 
Code of Federal Regulations (or a successor regulation), the 
Secretary shall provide a cost recovery agreement with respect 
to the application.
(2) Effect.--Issuance of a cost recovery agreement under 
paragraph (1) and payment of cost recovery fees shall preclude 
any new claims to the use of the applicable covered land during 
any period in which the application is active.
(3) Conflicts; studies.--
(A) Conflicts.--To be considered complete under 
paragraph (1), an application described in that 
paragraph shall address any known conflicts with 
respect to the use of the applicable covered land, as 
identified in scientific literature or other studies.
(B) Additional studies.--Additional studies shall 
not be required for purposes of considering an 
application to be complete under paragraph (1).
(c) Environmental Requirements.--
(1) Notice of intent.--
(A) In general.--Not later than 180 days after the 
date on which the agency notifies the applicant that 
the application to establish a right-of-way is 
complete, or a later date to be established by the 
Secretary under subparagraph (B), if an environmental 
impact statement is determined to be necessary, the 
Secretary shall issue a notice of intent to prepare an 
environmental impact statement with respect to the 
application.
(B) Extension.--The Secretary shall establish a 
later date by which the notice under subparagraph (A) 
shall be issued, if the Secretary determines that the 
180-day period under that paragraph should be extended 
due to--
(i) the application being considered a low 
priority under section 2804.35 of title 43, 
Code of Federal Regulations (or a successor 
regulation);
(ii) project-specific circumstances, 
including the need for further studies, making 
the 180-day deadline insufficient; or
(iii) the application not meeting the 
requirements for approval.
(2) Categorical exclusion.--As the Secretary determines to 
be appropriate, the Secretary may promulgate regulations 
providing that preliminary geotechnical work and meteorological 
monitoring relating to renewable energy projects shall be 
categorically excluded from the requirements for an 
environmental assessment or environmental impact statement 
under section 1501.4 of title 40, Code of Federal Regulations 
(or a successor regulation).
(d) Processing Priority.--In processing applications described in 
subsection (b)(1), the Secretary shall--
(1) give priority to applications for renewable energy 
projects in priority areas; and
(2) process applications for renewable energy projects in 
areas that are not priority areas in the order in which the 
applications are received.
(e) Use of Competitive Process.--
(1) In general.--Subject to paragraph (2), the Secretary 
shall not use a competitive process for the review of an 
application described in subsection (b)(1), except--
(A) in a case in which 2 or more applicants file an 
application for the same site (or portions of the same 
site) not more than 15 days apart; or
(B) as otherwise established by the Secretary 
through a subsequent rulemaking process delineating the 
instances in which the Secretary will use the 
competitive process.
(2) Limitation.--Paragraph (1) shall not apply to 
applications for competitive right-of-way leases in priority 
areas.

SEC. 5. INCREASING ECONOMIC CERTAINTY.

(a) Rents and Fees.--
(1) In general.--In determining rental rates and other fees 
for renewable energy project leases or right-of-way grants, the 
Secretary shall ensure that the total rental rates and other 
fees charged do not exceed the average amount charged for 
similar activities on private land in the State or county in 
which the rental rates and other fees are charged.
(2) Individual appraisals not required.--For purposes of 
determining rental rates for renewable energy projects, the 
Secretary--
(A) shall not be required to conduct individual 
appraisals; and
(B) may use average cash rents included in the 
Pastureland Rents Survey prepared by the National 
Agricultural Statistics Service, as determined for the 
5-year period ending on the date on which the rental 
rate is determined.
(3) Increases in base rental rates.--After a base rental 
rate is established for a lease or right-of-way grant 
authorization for a renewable energy project, any increase in 
the base rental rate shall be limited to the Implicit Price 
Deflator-Gross Product Index published by the Bureau of 
Economic Analysis of the Department of Commerce on the date of 
issuance of the lease or right-of way grant authorization.
(4) Capacity fees.--The Secretary may consider charging a 
capacity fee for a renewable energy project only if the 
Secretary determines that capacity fees are charged within the 
region or State in which the renewable energy project is 
carried out, as part of leaseholds on State or private land.
(b) Bonds.--The Secretary shall adopt a process for establishing 
bond requirements for decommissioning renewable energy projects that--
(1) do not establish a minimum per acre amount; and
(2) are based on the difference between--
(A) the estimated, site-specific net costs of 
reclamation of the covered land; and
(B) the salvage value of materials available after 
decommissioning the renewable energy project.

SEC. 6. DISPOSITION OF REVENUES; RENEWABLE ENERGY RESOURCE CONSERVATION 
FUND.

(a) Disposition of Revenues.--
(1) Availability.--Except as provided in paragraph (3), 
without further appropriation or fiscal year limitation, of 
amounts collected from wind and solar energy projects as bonus 
bids, rentals, fees, or other payments under a right-of-way, 
permit, lease, or other authorization--
(A) for the period beginning on January 1, 2026, 
and ending on December 31, 2045--
(i) 25 percent shall be paid by the 
Secretary of the Treasury to the State within 
the boundaries of which the revenue is derived;
(ii) 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;
(iii) 15 percent shall be deposited in the 
Treasury and credited to the Bureau of Land 
Management's Renewable Energy Management 
account to be made available to the Secretary 
to carry out sections 3 and 4 (including 
amendments made by those sections), including 
the transfer of the funds by the Bureau of Land 
Management to other Federal agencies and State 
agencies to facilitate the processing of 
permits for renewable energy projects, with 
priority given to using the amounts, to the 
maximum extent practicable, without detrimental 
impacts to emerging markets, expediting the 
issuance of permits required for the 
development of wind and solar energy projects 
in the States from which the revenues are 
derived; and
(iv) 35 percent shall be deposited in the 
Fund; and
(B) beginning on January 1, 2046--
(i) 25 percent shall be paid by the 
Secretary of the Treasury to the State within 
the boundaries of which the revenue is derived;
(ii) 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;
(iii) 10 percent shall be deposited in the 
Treasury and be made available to the Secretary 
to carry out sections 3 and 4 (including 
amendments made by those sections), including 
the transfer of the funds by the Bureau of Land 
Management to other Federal agencies and State 
agencies to facilitate the processing of 
permits for wind and solar energy projects, 
with priority given to using the amounts, to 
the maximum extent practicable, without 
detrimental impacts to emerging markets, 
expediting the issuance of permits required for 
the development of renewable energy projects in 
the States from which the revenues are derived; 
and
(iv) 40 percent shall be deposited in the 
Fund.
(2) Rule for projects located in multiple states.--Not 
later than 180 days after the date of enactment of this Act, 
the Secretary shall issue a proposed rule establishing a 
formula for the disposition of revenues under subparagraphs 
(A)(i) and (B)(i) of paragraph (1) in a case in which a wind 
and solar energy project is located in more than 1 State.
(3) Filing fees.--With respect to wind and solar energy 
projects--
(A) paragraph (1) does not apply to amounts 
collected from application filing fees authorized under 
section 304 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1734); and
(B) such application filing fees may be retained by 
the applicable agency to recover costs associated with 
issuing the right-of-way, permit, or other 
authorization associated with the application.
(b) Payments to States and Counties.--
(1) In general.--Amounts paid to States and counties under 
subsection (a)(1) 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 
subparagraph (A)(ii) or (B)(ii) of subsection (a)(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.
(2) Use of funds.--
(A) In general.--The Secretary may make amounts in 
the Fund available to Federal, State, local, and Tribal 
agencies for distribution in regions in which renewable 
energy projects are located on Federal land, for the 
purposes described in subparagraph (B).
(B) Purposes.--The purposes referred to in 
subparagraph (A) are--
(i) restoring and protecting--
(I) fish and wildlife habitat for 
species affected by renewable energy 
projects;
(II) fish and wildlife corridors 
for species affected by renewable 
energy projects; and
(III) wetlands, streams, rivers, 
and other natural water bodies in areas 
affected by renewable energy projects; 
and
(ii) preserving and improving recreational 
access to Federal land and water in the 
applicable 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 due to renewable 
energy projects.
(3) Cooperative agreements.--The Secretary may enter into 
cooperative agreements with State and Tribal agencies, 
nonprofit organizations, and other appropriate entities to 
carry out the activities described in 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 deposited into the Fund and used without 
further appropriation.
(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 expended from the Fund shall 
supplement (and not supplant) annual appropriations for 
activities described in paragraph (2).

SEC. 7. SAVINGS CLAUSE.

Notwithstanding any other provision of this Act, the Secretary and 
the Secretary of Agriculture 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.) or the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1600 et seq.), as applicable, for the 
purposes of land use planning, permit processing, and conducting 
environmental reviews.
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