Sec. 403. Requirement for land use planning and updates to programmatic environmental impact statements

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The Secretary, in consultation with the Secretary of Energy, shall establish priority areas on covered land for solar and wind energy projects, 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. )) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 ( Public Law 116–260 ). Among applications for a given renewable energy source, proposed projects located in priority areas for that renewable energy source shall— be given the highest priority for incentivizing deployment thereon; and be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas.

For solar energy, the Secretary shall finalize the document entitled Solar Programmatic Environmental Impact Statement (87 Fed. Reg. 75284 (December 8, 2022)), as soon as practicable, but not later than 18 months after the date of the enactment of this Act. For wind energy, the Secretary shall complete a process to consider establishing additional wind priority areas as soon as practicable, but not later than 3 years, after the date of the enactment of this Act. Variance areas shall be considered for wind and solar energy project development, 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. )) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 ( Public Law 116–260 ).

Applications for a given renewable energy source located in those variance areas shall be timely processed in order to assist in meeting that goal. Not less than once every 10 years, the Secretary shall— after an opportunity for public comment, review the adequacy of land allocations for solar and wind energy priority, exclusion, and variance areas, and areas open or closed to geothermal leasing, for the purpose of encouraging and facilitating new renewable energy development opportunities while avoiding, minimizing, and compensating for adverse impacts to other public uses and values of public land, including wildlife habitat, listed species, water resources, cultural resources, recreational uses, lands with wilderness characteristics, lands with special management designations, cultural resources, and areas of Tribal importance; and based on the review carried out under subparagraph (A), add, modify, or eliminate priority, variance, and exclusion areas, and areas open or closed to geothermal leasing.

Paragraph

(1)shall not apply to the renewable energy land use planning published in 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 until January 1, 2030. For the purposes of this section, compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be accomplished as follows: In regard to geothermal energy, by updating the document entitled Final Programmatic Environmental Impact Statement for Geothermal Leasing in the Western United States , dated October 2008, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized. In regard to solar energy, by updating the document entitled Final Programmatic Environmental Impact Statement

(PEIS)for Solar Energy Development in Six Southwestern States , dated July 2012, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized. In regard to wind energy, by updating the document entitled Final Programmatic Environmental Impact Statement on Wind Energy Development on BLM–Administered Lands in the Western United States , dated July 2005, and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized. There shall be no changes in any requirements to conduct site specific environmental review and processing of permits for proposed projects during preparation of an updated programmatic environmental impact statement, resource management plan, or resource management plan amendment. In developing updates required by this section, the Secretary shall coordinate, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities to ensure that priority areas identified by the Secretary are— economically viable (including having access to existing or planned transmission lines); likely to avoid, minimize, and compensate for impacts to fish, wildlife, plants, and their habitats, recreation, lands with wilderness characteristics, lands with special management designations, cultural resources, areas of Tribal importance, and other uses of covered land; prioritized on previously disturbed lands, including commercial and industrial lands, mine lands, and previously contaminated sites; and consistent 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) ).

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