Sec. 204. Program to improve renewable energy project permit coordination
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The Secretary shall establish a program to improve Federal permit coordination with respect to renewable energy projects on covered land. Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with— the Secretary of Agriculture; the Administrator of the Environmental Protection Agency; and the Chief of Engineers. The Secretary may request the Governor of any interested State to be a signatory to the memorandum of understanding under paragraph (1).
The Secretary shall establish an ombudsperson in the Office of the Secretary, who shall be responsible for resolving interagency disputes between 2 or more of the following agencies: The United States Fish and Wildlife Service. The National Park Service. The Bureau of Land Management. In carrying out subsections
(b)and (c), the heads of the Federal agencies described in those subsections shall consider entering into agreements and memoranda of understanding to expedite the environmental analysis of applications for projects proposed on covered land determined by the Secretary to be a variance area under section 202. To the maximum extent practicable, the variance areas described in paragraph
(1)shall be made available for renewable energy project development, after completion of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), and subject to the policies and procedures set forth by the Secretary for evaluating variance applications in the programmatic environmental impact statement described in section 202(b). 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 assign to each of the field offices described in subsection
(f)an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— consultation regarding, and preparation of, biological opinions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ); permits under section 404 of Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); regulatory matters under the Clean Air Act ( 42 U.S.C. 7401 et seq. ); planning under section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ); the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. ); and the preparation of analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). Each employee assigned under paragraph
(1)shall— not later than 90 days after the date of assignment, report to field managers of the Bureau of Land Management in the office to which the employee is assigned; be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and participate as part of the team of personnel working on proposed energy projects, planning, monitoring, inspection, enforcement, and environmental analyses. The field offices referred to in subsection (e)(1) shall include field offices of the Bureau of Land Management in, at a minimum, the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. The Secretary shall assign to each field office described in subsection
(f)such additional personnel as are necessary to ensure the effective implementation of any programs administered by the field offices, including inspection and enforcement relating to renewable energy project development on covered land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). 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 Chairperson and Ranking Member of 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 pursuant to the program under this subtitle during the preceding year. Each report under this subsection shall include— projections for renewable energy production and capacity installations; and a description of any problems relating to leasing, permitting, siting, or production.
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U.S. Code
- Congressional declaration of purpose§ 4321
- Interagency cooperation§ 1536
- Permits for dredged or fill material§ 1344
- Congressional findings and declaration of purpose§ 7401
- Timber sales on National Forest System lands§ 472a
- Congressional declaration of policy§ 1701
- Taking, killing, or possessing migratory birds unlawful§ 703
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Sec. 204
Program to improve renewable energy project permit coordination
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