Sec. 84408. Disposition of revenues
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Beginning on January 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 energy on covered land the following shall be made available without further appropriation or fiscal year limitation as follows: Twenty-five percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived.
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. Fifteen percent shall be deposited in the Treasury and be made available to the Secretary to carry out the program established under this subtitle, 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.
Twenty-five percent shall be deposited in the Renewable Energy Resource Conservation Fund established by subsection (c). The remainder shall be deposited into the general fund of the Treasury for purposes of reducing the annual Federal budget deficit. 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 ). 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. 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. 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— restoring and protecting— fish and wildlife habitat for affected species; fish and wildlife corridors for affected species; and wetlands, streams, rivers, and other natural water bodies in areas affected by wind, geothermal, or solar energy development; and 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. No funds made available under this subsection may be used for the purchase of real property unless in fulfillment of paragraph (2)(B). 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 subparagraphs
(A)and
(B)of paragraph (2). 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. Any interest earned under subparagraph
(A)may be expended in accordance with this subsection. At the end of each fiscal year, the Secretary shall report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate— the amount collected as described in subsection (a), by source, during that fiscal year; the amount and purpose of payments during that fiscal year to each Federal, State, local, and Tribal agency under paragraph (2); and the amount remaining in the Fund at the end of the fiscal year. 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).
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