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Code · BILL · 119th Congress · H.R. 2301 (Introduced in House) — To promote the development of renewable energy on public land, and for other purposes. · Sec. 3

Sec. 3. Land use planning and updates to programmatic environmental impact statements

1,120 words·~5 min read·/bill/119/hr/2301/ih/section-3

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For purposes of renewable energy planning, the Secretary, consistent with the requirements described in subparagraph (B), shall— designate areas on covered land eligible for the submission of renewable energy project applications; and consider establishing priority areas on covered land for renewable energy projects. In carrying out activities under clauses
(i)and
(ii)of subparagraph (A), the Secretary shall comply with— the principles of multiple use (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); and the national goals for renewable energy production established under section 3104 of the Energy Act of 2020 ( 43 U.S.C. 3004 ), including the minimum production goal described in subsection
(b)of that section. In considering applications for renewable energy projects on covered land, with respect to an application for a proposed renewable energy project on covered land that is to be carried out in a priority area, the Secretary shall— prioritize the application to be carried out in any identified priority area; and on approval of the application, provide to the applicant who submitted the application the opportunity to participate in any regional mitigation plan developed for the applicable priority area. As soon as practicable, but not later than 18 months after the Record of Decision titled Approved Record of Decision and Amendments/Record of Decision for Utility-Scale Solar Energy Development dated December 2024 was issued, the Secretary shall consider establishing priority areas on covered land for Solar energy projects in the planning area (as defined in the Record of Decision). As soon as practicable, but not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a review of the final programmatic Environment Impact Statement referenced in the notice of availability entitled Notice of Availability of the Final Programmatic Environmental Impact Statement on Wind Energy Development on BLM–Administered Lands in the Western United States, Including Proposed Amendments to Selected Land Use Plans (70 Fed. Reg. 36651 (June 24, 2005)), that considers establishment of wind application and priority areas on covered lands, and complete that review within 3 years of issuing a notice of intent. Subject to paragraph (2), not less frequently than once every 10 years, the Secretary shall— after an opportunity for public comment, review the adequacy of all land allocations for renewable energy projects for the purposes of— encouraging and facilitating new renewable energy projects; and consistent with a mitigation sequence of avoiding, minimizing, and compensating for adverse impacts to other public uses and values of covered land, including— wildlife habitat; species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); water resources; cultural resources; recreational uses; land with wilderness characteristics; land with special management designations; and areas of Tribal importance; and based on the review carried out under subparagraph (A), add, modify, or eliminate priority areas, exclusion areas, and areas on covered land open or closed to solar or wind energy right-of-way applications or to geothermal leasing. Paragraph
(1)shall not apply to any covered land that the Secretary determines, after seeking public input, is subject to an existing land use plan that meets the purposes described in paragraph (1)(A). If the Secretary determines, in an annual report required under subsection
(g)of section 3102 of the Energy Act of 2020 ( 43 U.S.C. 3002 ) (as redesignated by section 4(a)(1)), that the national goal for renewable energy production established under subsection
(a)of section 3104 of that Act ( 43 U.S.C. 3004 ), including the minimum production goal established under subsection
(b)of that section, may not be met, the Secretary shall act more frequently than otherwise required by this section to designate areas eligible for the submission of renewable energy project applications and establish additional priority areas for renewable energy projects. For purposes of this section, compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be accomplished— for geothermal energy— by updating the document entitled Final Programmatic Environmental Impact Statement for Geothermal Leasing in the Western United States and dated October 2008; and by incorporating into the updated document under subparagraph
(A)any additional regional analyses completed by Federal agencies after the date on which the document described in that subparagraph was finalized; for solar energy— by updating the document entitled Final Programmatic Environmental Impact Statement
(PEIS)for Solar Energy Development in Six Southwestern States and dated July 2012; and by incorporating into the updated document under subparagraph
(A)any additional regional analyses completed by Federal agencies after the date on which the document described in that subparagraph was finalized; and for 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 and dated June 2005; and by incorporating into the updated document under subparagraph
(A)any additional regional analyses completed by Federal agencies after the date on which the document described in that subparagraph was finalized. Nothing in this section modifies any requirement to conduct site-specific environmental reviews or process permits for proposed renewable energy projects during preparation of an updated programmatic environmental impact statement, land use plan, or amendment to a land use plan. In developing any update required under this section, the Secretary shall coordinate, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners, operators, and developers, renewable energy developers, and other appropriate entities to ensure that priority areas established by the Secretary under this section take into account— economic viability (including having access to existing or planned transmission lines); consistency with a mitigation sequence to avoid, minimize, and compensate for impacts to— fish, wildlife, or plants; fish, wildlife, or plant habitat; recreational uses; land with wilderness characteristics; land with special management designations; cultural resources; areas of Tribal importance; and other uses of covered land; feasibility of siting on previously disturbed land, including commercial and industrial land, mine land, and previously contaminated sites; and consistency 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) ). In carrying out this section, the Secretary shall— determine whether adequate transmission exists for renewable energy projects on covered land; and if a determination is made in the negative under paragraph (1), in coordination with the heads of other relevant Federal agencies, review existing land use plans to determine if amendments to those land use plans would be appropriate to support adequate transmission capability. The Secretary may establish, by regulation, incentives to be provided to individuals carrying out renewable energy projects in priority areas established under this section.
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  • 70 FR 36651
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Sec. 3
Land use planning and updates to programmatic environmental impact statements
Fed. Reg.70 FR 36651
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