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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. 4

Sec. 4. Improving wind and solar energy project permitting

709 words·~3 min read·/bill/119/hr/2301/ih/section-4·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 3102 of the Energy Act of 2020 ( 43 U.S.C. 3002 ) is amended— by redesignating subsections
(e)and
(f)as subsections
(f)and (g), respectively; and by inserting after subsection
(d)the following: Notwithstanding any other provision of law, the Secretary may delegate to a State Renewable Energy Coordination Office the authority to process applications for eligible projects proposed to be carried out on land managed by the Bureau of Land Management in the applicable State. For purposes of processing applications described in subparagraph (A), the manager of the applicable State Renewable Energy Coordination Office— shall have the authority to issue grants or leases for eligible projects; with the approval of the State Director of the applicable Bureau of Land Management State Office, may use other employees in field and district offices of the applicable Bureau of Land Management State Office, or hire additional experts, to assist with timely processing of applications, with the costs of hiring additional experts to be charged to applicants; and shall report to the State Director of the applicable Bureau of Land Management State Office. Except as provided in paragraph (1)(B)(ii), the Secretary may not delegate to employees of field or district offices of the Bureau of Land Management the authority to process applications for eligible projects proposed to be carried out on land managed by the Bureau of Land Management. . Not later than 30 days after the date on which an applicant submits a complete application for a right-of-way for a wind or solar energy project, including submission of the filing fee required under section 2804.12 of title 43, Code of Federal Regulations (or a successor regulation), the Secretary shall provide a cost recovery agreement with respect to the application. Issuance of a cost recovery agreement under paragraph
(1)and payment of cost recovery fees shall preclude any new claims to the use of the applicable covered land during any period in which the application is active. To be considered complete under paragraph (1), an application described in that paragraph shall address any known conflicts with respect to the use of the applicable covered land, as identified in scientific literature or other studies. Additional studies shall not be required for purposes of considering an application to be complete under paragraph (1). Not later than 180 days after the date on which the agency notifies the applicant that the application to establish a right-of-way is complete, or a later date to be established by the Secretary under subparagraph (B), if an environmental impact statement is determined to be necessary, the Secretary shall issue a notice of intent to prepare an environmental impact statement with respect to the application. The Secretary shall establish a later date by which the notice under subparagraph
(A)shall be issued, if the Secretary determines that the 180-day period under that paragraph should be extended due to— the application being considered a low priority under section 2804.35 of title 43, Code of Federal Regulations (or a successor regulation); project-specific circumstances, including the need for further studies, making the 180-day deadline insufficient; or the application not meeting the requirements for approval. As the Secretary determines to be appropriate, the Secretary may promulgate regulations providing that preliminary geotechnical work and meteorological monitoring relating to renewable energy projects shall be categorically excluded from the requirements for an environmental assessment or environmental impact statement under section 1501.4 of title 40, Code of Federal Regulations (or a successor regulation). In processing applications described in subsection (b)(1), the Secretary shall— give priority to applications for renewable energy projects in priority areas; and process applications for renewable energy projects in areas that are not priority areas in the order in which the applications are received. Subject to paragraph (2), the Secretary shall not use a competitive process for the review of an application described in subsection (b)(1), except— in a case in which 2 or more applicants file an application for the same site (or portions of the same site) not more than 15 days apart; or as otherwise established by the Secretary through a subsequent rulemaking process delineating the instances in which the Secretary will use the competitive process. Paragraph
(1)shall not apply to applications for competitive right-of-way leases in priority areas.
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Sec. 4
Improving wind and solar energy project permitting
U.S.C.§ 3002
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