Sec. 5. Disposition of certain revenues
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In this section: The term covered land means land that is— public land; and not excluded from the siting, construction, or modification of electric transmission facilities under— a land use plan established under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); or other Federal law. The term Federal land means— National Forest System land; and public land. The term Fund means the Federal Land Electric Energy Transmission Conservation Fund established by subsection (d)(1).
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) ). 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 ). The term Secretary means the Secretary of the Interior. 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 siting, construction, or modification of electric transmission facilities on covered land or National Forest System land— for the period beginning on the date of enactment of this Act and ending on December 31, 2039; 25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived; 30 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; 15 percent shall be deposited in the Treasury and be made available to the Secretary to facilitate, streamline, and improve Federal permit coordination with respect to the siting, construction, or modification of electric transmission facilities on Federal land, 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 the siting, construction, or modification of electric transmission facilities 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 siting, construction, or modification of electric transmission facilities in the States from which the revenues are derived; and 30 percent shall be deposited in the Fund; and beginning on January 1, 2040— 25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived; 30 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; 10 percent shall be deposited in the Treasury and be made available to the Secretary to facilitate, streamline, and improve Federal permit coordination with respect to the siting, construction, or modification of electric transmission facilities on Federal land, 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 the siting, construction, or modification of electric transmission facilities 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 siting, construction, or modification of electric transmission facilities in the States from which the revenues are derived; and 35 percent shall be deposited in the Fund.
Amounts paid to States and counties under subsection
(b)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 Federal Land Electric Energy Transmission Conservation Fund , which shall be administered by the National Fish and Wildlife Foundation (referred to in this subsection as the Foundation ). The Foundation may make amounts in the Fund available to Federal, State, local, and Tribal agencies to be distributed in regions in which projects for the siting, construction, or modification of electric transmission facilities 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 water resources in areas affected by projects for the siting, construction, or modification of electric transmission facilities; 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. The Foundation 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). 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 Foundation 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— the amounts described in subsection
(b)that were collected during that fiscal year, organized by source; the amount and purpose of payments made to each Federal, State, local, and Tribal agency under paragraph
(2)during that fiscal year; 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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