Sec. 401. Definitions
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In this title: The term covered land means land that is— Federal lands administered by the Secretary; and not excluded from the development of geothermal, solar, or wind energy under— a land use plan; or other Federal law. The term energy storage project means equipment that— 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 has a capacity of not less than 5 kilowatt hours.
The term exclusion area means covered land that is identified by the Bureau of Land Management as not suitable for development of wind and solar energy projects. The term Federal land means— public lands; and lands of the National Forest System as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). The term Fund means the Renewable Energy Resource Conservation Fund established by section 405(c)(1). The term land use plan means— in regard to public lands, a land use plan established under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and in regard to National Forest System lands, 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 ).
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 wind and solar 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).
The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ). The term renewable energy project — means a project carried out on covered land that— uses wind, solar, or geothermal energy to generate energy; or transmits electricity to support wind, solar, or geothermal energy generation; and includes an energy storage project. The term Secretary means the Secretary of the Interior. The term variance area means covered land that is— not an exclusion area; not a priority area; and identified through a transparent and inclusive public process by the Secretary as potentially available for wind and solar energy development that could be approved without a plan amendment, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. )).
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- 81 FR 92122
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