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H.R.3534
Consolidated Land, Energy, and Aquatic Resources Act of 2009 (Introduced in House - IH)
TITLE IV--FULL FUNDING FOR THE LAND AND WATER CONSERVATION FUND
SEC. 401. AMENDMENTS TO THE LAND AND WATER CONSERVATION FUND ACT OF 1965.
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
SEC. 402. EXTENSION OF THE LAND AND WATER CONSERVATION FUND.
Section 2 (16 U.S.C. 460l-5) is amended by striking `September 30, 2015' both places it appears and inserting `September 30, 2040'.
SEC. 403. PERMANENT FUNDING.
(a) In General- Section 3 (16 U.S.C. 460l-6) is amended to read as follows:
`APPROPRIATIONS
`Sec. 3. Of the moneys covered into the fund, $900,000,000 shall be available each fiscal year for expenditure for the purposes of this Act without further appropriation.'.
(b) Conforming Amendment- Section 2(c)(2) (16 U.S.C. 460l-5(c)(2)) is amended by striking `: Provided,' and all that follows through the end of the sentence and inserting a period.
SEC. 404. ALLOCATION OF FUNDS.
Section 5 (16 U.S.C. 460l-7) is amended to read as follows:
`ALLOCATION
`Sec. 5. Of the amounts made available for each fiscal year to carry out this Act--
`(1) 50 percent shall be used to provide financial assistance to States under section 6; and
`(2) 50 percent shall be used for Federal purposes under section 7.'.
TITLE V--NEW ONSHORE LEASING AUTHORITY
Subtitle A--Solar and Wind Leasing
SEC. 501. COMMERCIAL WIND AND SOLAR LEASING PROGRAM.
(a) In General- Pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), the Secretary, acting through the Director, may issue leases, on a competitive basis, for commercial solar or wind energy development on Federal lands under the administrative jurisdiction of the Bureau of Land Management or of the Forest Service, except that the Secretary may not issue any such lease on National Forest System lands over the objection of the Secretary of Agriculture.
(b) Final Regulations- Not later than 18 months after the date of enactment of this Act, the Secretary of the Interior shall publish final regulations establishing a commercial wind and solar leasing program under subsection (a).
(c) Commencement of Commercial Leasing for Solar and Wind Energy on Public Lands- Not later than 90 days after completion of regulations required under subsection (b), or as soon as practicable thereafter, and following consultation with affected governors and other stakeholders, the Secretary shall conduct lease sales under the regulations under this subtitle.
(d) Easements, Special-use Permits, and Rights-of-way- Upon completion of regulations required under subsection (b), easements, special-use permits, and rights-of-way shall not be available for commercial wind and solar projects on Federal lands under the administrative jurisdiction of the Bureau of Land Management or Forest Service, except for the placement and operation of testing or data collection devices or facilities that will not result in the commercial sale of electric power.
(e) Noncompetitive Leasing-
(1) IN GENERAL- The Secretary may issue leases under this section on a noncompetitive basis if--
(A) the lease is for resource data collection or equipment testing;
(B) the lease will not result in the commercial sale of electric power;
(C) the lease has a term of not more than 5 years; and
(D) the Secretary, after public notice of a proposed lease, determines that there is no competitive interest.
(2) PREFERENCE- In any competitive lease sale for lands subject to a lease awarded under this subsection, the Secretary may give a preference to the holder of the lease under this subsection.
(f) Transition to Commercial Leasing- The Secretary of the Interior, for lands under the jurisdiction of the Bureau of Land Management, and the Secretary of Agriculture, for lands under the jurisdiction of the Forest Service, may issue an easement, special-use permit, or right-of-way for a commercial wind or solar project for which--
(1) a plan of development has been submitted to the relevant Secretary before the date of enactment of this Act; or
(2) a meteorological testing tower or other data collection device has been installed under an approved easement, special-use permit, or right-of-way before the date of enactment of this Act.
(g) Diligent Development Requirements- The Secretary shall, by regulation, designate work requirements and milestones to ensure that diligent development is carried out under each lease issued under this subtitle.
SEC. 502. LAND MANAGEMENT.
The Secretary, in consultation with the Director of the Bureau of Land Management and the Chief of the Forest Service, shall issue regulations that--
(1) establish the duration of leases under this subtitle;
(2) require the holder of a lease granted under this subtitle to--
(A) furnish a surety bond or other form of security, as prescribed by the Director;
(B) upon completion of activities authorized by the lease provide for--
(i) the restoration of the area that is subject to the lease to the condition in which the area existed before the granting of the lease; or
(ii) mitigation activities if restoration to such condition is impractical; and
(C) comply with such other requirements as the Director and affected Federal land manager consider necessary to protect the interests of the public and the United States; and
(3) establish best management practices and require renewable energy operators to comply with those practices to ensure the sound, efficient, and environmentally responsible development of wind and solar resources on Federal lands in a manner that shall avoid, minimize, and mitigate actual and anticipated impacts to habitat and ecosystem function resulting from such development and to areas proposed for wilderness or other protection.
SEC. 503. REVENUES.
(a) Establishment of Payment Requirements- The Secretary shall establish royalties, fees, rentals, bonus bids, or other payments for leases issued under this subtitle, that shall--
(1) encourage development of solar and wind energy on public lands;
(2) ensure a fair return to the United States; and
(3) be commensurate with similar payments for the development of solar and wind energy on State and private lands.
(b) Deposit- All revenues for payments established under this section shall be deposited in the general fund of the Treasury.
SEC. 504. RECORDKEEPING AND REPORTING REQUIREMENTS.
(a) In General- A lessee, permit holder, operator, or other person directly involved in developing, producing, processing, transporting, purchasing, or selling renewable energy under this title, through the point of royalty computation, shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section. Such records shall include, but not be limited to, periodic reports, records, documents, and other data. Such reports may include, but not be limited to, pertinent technical and financial data relating to the resources being developed under the lease. Upon the request of any officer or employee duly designated by the Secretary conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information that may be required by this section shall be made available for inspection and duplication by such officer or employee. Failure by a claim holder, operator, or other person referred to in the first sentence to cooperate with such an audit, provide data required by the Secretary, or grant access to information may, at the discretion of the Secretary, result in involuntary forfeiture of the lease or permit.
(b) Maintenance- Records required by the Secretary under this section shall be maintained for 7 years after release of financial assurance unless the Secretary notifies the operator that the Secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records.
SEC. 505. AUDITS.
The Secretary may conduct such audits of all lessees and permit holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sales of renewable energy resources covered by this Act, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this title. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person.
SEC. 506. TRADE SECRETS.
Trade secrets, proprietary information, and other confidential information protected from disclosure under section 552 of title 5, United States Code (popularly known as the Freedom of Information Act), shall be made available by the Secretary to other Federal agencies as necessary to assure compliance with this Act and other Federal laws.
SEC. 507. INTEREST AND SUBSTANTIAL UNDERREPORTING ASSESSMENTS.
(a) Interest- In the case of renewable energy leases or permits under which royalty payments are not received by the Secretary on the date that such payments are due, the Secretary shall charge interest on such underpayments at the same interest rate as the rate applicable under section 6621(a)(2) of the Internal Revenue Code of 1986. In the case of an underpayment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount.
(b) Penalty- If there is any underreporting of royalty owed on production from a lease or permit for any production month by any person liable for royalty payments under this title, the Secretary shall assess a penalty of not greater than 25 percent of the amount of that underreporting.
(c) Underreporting Defined- For the purposes of this section, the term `underreporting' means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production that was reported, if the value that should have been reported is greater than the value that was reported.
(1) IN GENERAL- The Secretary may waive or reduce the assessment provided in subsection (b) if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of the enactment of this section, whichever is later.
(2) REQUIRED WAIVER- The Secretary shall waive any portion of an assessment under subsection (b) attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that--
(A) such person had written authorization from the Secretary to report royalty on the value of the production on basis on which it was reported;
(B) such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported;
(C) such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production that led to the underreporting; or
(D) such person meets any other exception that the Secretary may, by rule, establish.
(e) Expanded Royalty Obligations- Each person liable for royalty payments under this section shall be jointly and severally liable for royalty on renewable energy resources produced under a lease issued under this Act when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule, regulation, or order issued under this section.
(f) Failure To Comply With Royalty Requirements- Any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1719) to the same extent as if the failure to comply occurred under that Act.
(g) Deposit of Penalties- All penalties collected under this subsection shall be deposited in the general fund of the Treasury.
SEC. 508. INDIAN SAVINGS PROVISION.
Nothing in this subtitle shall abridge, diminish, or alter any right or interest of any affected Indian tribe. Nothing in this subtitle shall authorize any Federal agency or official to abridge, diminish, or alter any right or interest of any affected Indian tribe.
Subtitle B--Uranium Leasing
SEC. 511. FEDERAL LANDS URANIUM LEASING.
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following new section:
`SEC. 44. LEASING OF LANDS FOR URANIUM MINING.
`(1) WITHDRAWAL FROM ENTRY; LEASING REQUIREMENT- Effective upon the date of enactment of the Consolidated Land, Energy, and Aquatic Resources Act of 2009, all Federal lands are hereby permanently withdrawn from location and entry under section 2319 of the Revised Statutes (30 U.S.C. 22 et seq.) for uranium. After the end of the 2-year period beginning on such date of enactment, no uranium may be produced from Federal lands except pursuant to a lease issued under this Act.
`(2) LEASING- The Secretary--
`(A) may divide any lands subject to this Act that are not withdrawn from mineral leasing and that are otherwise available for uranium leasing under applicable law, including lands available under the terms of land use plans prepared by the Federal agency managing the land, into leasing tracts of such size as the Secretary finds appropriate and in the public interest; and
`(B) thereafter shall, in the Secretary's discretion, upon the request of any qualified applicant or on the Secretary's own motion, from time to time, offer such lands for uranium leasing and award uranium leases thereon by competitive bidding.
`(b) Fair Market Value Required-
`(1) IN GENERAL- No bid for a uranium lease shall be accepted that is less than the fair market value, as determined by the Secretary, of the uranium subject to the lease.
`(2) PUBLIC COMMENT- Prior to the Secretary's determination of the fair market value of the uranium subject to the lease, the Secretary shall give opportunity for and consideration to public comments on the fair market value.
`(3) DISCLOSURE NOT REQUIRED- Nothing in this section shall be construed to require the Secretary to make public the Secretary's judgment as to the fair market value of the uranium to be leased, or the comments the Secretary receives thereon prior to the issuance of the lease.
`(c) Lands Under the Jurisdiction of Other Agencies- Leases covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only--
`(1) upon consent of the head of the other Federal agency; and
`(2) upon such conditions the head of such other Federal agency may prescribe with respect to the use and protection of the nonmineral interests in those lands.
`(d) Consideration of Effects of Mining- Before issuing any uranium lease, the Secretary shall consider effects that mining under the proposed lease might have on an impacted community or area, including impacts on the environment, on agricultural, on cultural resources, and other economic activities, and on public services.
`(e) Notice of Proposed Lease- No lease sale shall be held for lands until after a notice of the proposed offering for lease has been given once a week for three consecutive weeks in a newspaper of general circulation in the county in which the lands are situated, or in electronic format, in accordance with regulations prescribed by the Secretary.
`(f) Auction Requirements- All lands to be leased under this section shall be leased to the highest responsible qualified bidder--
`(1) under general regulations;
`(2) in units of not more than 2,560 acres that are as nearly compact as possible; and
`(1) IN GENERAL- A lease under this section shall be conditioned upon the payment by the lessee of--
`(A) a royalty at a rate of not less than 12.5 percent in amount or value of the production removed or sold under the lease; and
`(i) not less than $2.50 per acre per year for the first through fifth years of the lease; and
`(ii) not less than $3 per acre per year for each year thereafter.
`(2) USE OF REVENUES- Amounts received as revenues under this subsection with respect to a lease may be used by the Secretary of the Interior, subject to the availability of appropriations, for cleaning up uranium mill tailings and reclaiming abandoned uranium mines on Federal lands in accordance with the priorities and eligibility restrictions, respectively, under subsections (c) and (d) of section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a).
`(h) Lease Term- A lease under this section--
`(1) shall be effective for a primary term of 10 years; and
`(2) shall continue in effect after such primary term for so long is as uranium is produced under the lease in paying quantities.
`(i) Exploration Licenses-