HomeMy WebLinkAbout2010-09-14 - AGENDA REPORTS - CA DESERT PROTECTION ACT 2010 (2)Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by: Michael Murphy
DATE: September 14, 2010
SUBJECT: S. 2921 - CALIFORNIA DESERT PROTECTION ACT OF 2010
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
City Council adopt a resolution in support of S. 2921, the California Desert Protection Act of
2010, and direct staff to transmit copies of the resolution to Senator Dianne Feinstein and
appropriate congressional committees.
BACKGROUND
Introduced by Senator Dianne Feinstein on December 21, 2009, S. 2921, the California Desert
Protection Act of 2010, ensures that public lands in the California desert that have special
importance for water resources, wildlife, and recreation will be protected for generations to
come.
Specifically, enactment of the bill would designate two new national monuments, the Mojave
Trails National Monument and the Sand to Snow National Monument. The bill also adds
adjacent lands to the Joshua Tree and Death Valley National Parks as well as to the Mojave
National Preserve. Further, the bill will permanently protect five wilderness study areas as
designated wilderness, and protect four waterways, such as the Amargosa River and Deep Creek,
as well as other wild and scenic rivers.
In addition to those measures, the bill also includes language that would facilitate renewable
energy development on suitable lands,and improve the permitting process for wind and solar
development on private and public lands. The bill also enhances recreational opportunities,
including those for off-road vehicles, while ensuring that lands are maintained to meet the
training needs of the United States military.
Though the bill would have no direct impact to the City of Santa Clarita, Senator Feinstein has
requested that the City Council consider supporting the bill.
ALTERNATIVE ACTIONS
1. Do not adopt a resolution in support of S. 2921, the California Desert Protection Act of
2010.
2. Other action as determined by the City Council
FISCAL IMPACT
The actions associated with the adoption of the Resolution require no additional financial
resources beyond those already contained within the City's adopted FY 2010/2011 budget.
ATTACHMENTS
Resolution
S. 2921 Summary
Map
S. 2921 available in the City Clerk's Reading File
RESOLUTION 10-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, SUPPORTING
S. 2921, THE CALIFORNIA DESERT PROTECTION ACT OF 2010
WHEREAS, on December 21, 2009, Senator Dianne Feinstein introduced S. 2921,
the California Desert Protection Act of 2010 which ensures that public lands in the California
desert that have special importance for water resources, wildlife, and recreation will be protected
for generations to come; and
WHEREAS, the California Desert Protection Act of 2010 amends the California
Desert Protection Act of 1994 to, among other things: (1) establish or designate national
monuments (the Mojave Trails National Monument and the Sand to Snow National Monument),
wilderness areas, a special management area, and off-highway vehicle recreation areas; (2)
release specified wilderness study areas; (3) adjust national park and preserve boundaries; and (4)
specify land withdrawals, exchanges, and acquisitions; and
WHEREAS, the California Desert Protection Act of 2010 includes language that
would facilitate renewable energy development on suitable lands and improve the permitting
process for wind and solar development on private and public lands; and
WHEREAS, the California Desert Protection Act of 2010 enhances recreational
opportunities, including those for off-road vehicles, while ensuring that lands are maintained to
meet the training needs of the United States military.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve to
support S. 2921, the California Desert Protection Act of 2010, and directs staff to transmit copies
of the resolution to Senator Dianne Feinstein and appropriate congressional committees.
SECTION 1. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this day of 2010.
MAYOR
ATTEST:
CITY CLERK
IN
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the day of 2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, , City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Resolution 10- adopted by the City
Council of the City of Santa Clarita, California on , 2010, which is now on file in my
office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
2010.
City Clerk
By
Deputy City Clerk
6
California Desert Protection Act of 2010
Bill Summary
Title I: California Desert' Conservation and Recreation
Sec 101: Amendments to the California Desert Protection Act of 1994
Title XIII: Mojave Trails National Monument.
• Establishes a national monument managed by the Bureau of Land Management
(BLM) protecting 941,000 acres of federal land between Joshua Tree National
Park and the Mojave Preserve along historic Route 66 in San Bernardino
County.
• Protects approximately 266,000 acres of land that were donated to or purchased
by the federal government over the last decade for conservation.
• Maintains existing recreation uses, including hunting, vehicular travel on
existing open roads and trails, grazing, camping, horseback riding, rock
collecting, etc.
• Permits the construction of transmission lines to facilitate the transfer of
renewable energy generated in the California desert and adjacent states.
• Provides solar energy companies with potential projects currently proposed
inside the monument boundaries to relocate to federal solar energy zones being
developed by the Department of the Interior.
• Establishes an advisory committee to develop the management plan for the
monument. The committee will be comprised of representatives from local,
state and federal government, conservation and recreation groups, and local
Native American tribes.
Title XIV: Sand to Snow National Monument
• Establishes a national monument covering approximately 134,000 acres of
federal land between Joshua Tree National Park and the San Bernardino
National Forest in San Bernardino and Riverside counties.
Maintains existing recreation uses, including hunting, vehicular travel on
existing open roads and trails, camping, horseback riding, rock collecting, etc.
The monument would be jointly managed by the BLM and the Forest Service
with management guidance from an advisory committee comprised of local,
state and federal government, conservation and recreation groups, and local
Native American tribes.
Title V: Wilderness
• Designates approximately 250,000 acres in five BLM Wilderness Study Areas
near Fort Irwin as wilderness as well as portions of Death Valley National Park
(90,000 acres) and the San Bernardino National Forest (4,300 acres).
• Releases approximately 126,000 acres in the Cady and Soda Mountains that
were designated wilderness study areas in the 1994 California Desert Protection
Act, thereby allowing vehicular access to these areas.
Title VI: Vinagre Wash Special Management Area
• Designates a "special management area" covering a total of 76,000 acres in
eastern Imperial County in order to conserve, protect and enhance plant and
wildlife management as well as nationally significant ecological, recreational,
archeological, and cultural resources. The area also contains approximately
49,000 acres of potential wilderness and approximately 12,000 acres of former
private land donated to the federal government for conservation.
• Permitted uses would be hiking, camping, mountain biking, sightseeing,
hunting, off-highway vehicle use on designated routes and horseback riding.
Prohibited uses would include new mining, permanent roads, commercial uses,
or activities that would preclude the potential wilderness areas from becoming
wilderness in the future.
Title VII: National Park System Additions
• Adds approximately 74,000 acres of land to the National Park System,
including:
• Death Valley: Approximately 41,000 acres, including a narrow strip of
land between the southern boundary of the park (31,000 acres known as
the "Bowling Alley") and Ft. Irwin that was designated a wilderness
study area by the Desert Protection Act and a former mining area (6,400
acres known as the "Crater Area") in the north that is entirely surrounded
by park wilderness.
• Mojave Preserve: Almost 30,000 acres on the northeastern corner of the
park known as Castle Mountain, which was left out of the Desert
Protection Act due to mining which has now ceased.
• Joshua Tree: Approximately 2,900 acres in multiple small parcels of
BLM land on the northern boundary of the park that have been identified
for disposal.
Title XVIII: Off-Hii!hway Vehicle Recreation Areas
• Designates five existing, administratively designated off-highway vehicle areas
in San Bernardino County, covering approximately 314,000 acres, as
permanent off-highway vehicle recreation areas. Land management would
2
7
remain as it exists today, but the BLM would be given discretion whether to
require a new site specific management plan or simply modify its existing
desert -wide management plan.
• BLM lands under consideration for the expansion of the Marine Corps Air
Ground Combat Center at Twentynine Palms would not be incorporated into
the Johnson Valley OHV area until it is determined that they are not needed for
military training.
• Requires the Secretary to conduct a study to determine what, if any, lands
adjacent to these recreation areas would be suitable for inclusion and authorizes
the Department to do so.
Title XIX: Miscellaneous
Section 1901: State land transfers and exchanges.
• Requires the Department of Interior to work with the state to complete the
exchange of approximately 3700,000 acres of state school lands located in
California desert over the next ten years. Small isolated parcels of state land in
wilderness, national parks and monuments would be exchanged for federal
lands elsewhere that could potentially provide the state with viable sites for
renewable energy development, off-highway vehicle recreation or other
commercial purposes.
• Transfers 934 acres currently designated as a BLM wilderness study area to
Anza Borrego State Park to be managed as state wilderness, which surrounds it
on three sides.
• Requires the Department of the Interior to work with local government to
potentially transfer BLM lands for municipal infrastructure needs.
Section 1902: Ensures continued military training activities.
• Ensures the right of the Department of Defense to conduct low-level overflights
over wilderness, national parks and national monuments.
Section 1903: Climate change and wildlife corridors.
• Requires the Department of the Interior to study the impact of climate change
on California desert species migration, incorporate their results and
recommendations into land use management plans, and consider the study's
findings when making decisions granting rights of way for projects on public
lands.
Section 1904: Prohibited uses of donated and acquired land.
• Prohibits the use of donated or acquired lands for development, mining, off-
highway vehicle use (except designated routes), grazing, military training and
11
other surface disturbing activities. This prohibition would apply only to public
lands within the California Desert Conservation Area.
• The Secretary of the Interior is authorized to make limited exceptions in cases
where it is deemed in the public interest. Comparable lands would have to be
purchased and donated to the federal government as mitigation for lost acreage
• Authorizes the Secretary to accept easements and deed restrictions on donated
lands within the California Desert Conservation Area in the future.
Section 1905: Tribal uses and interests.
• Requires the Secretary to ensure access for tribal cultural activities within
national parks, monuments, wilderness and other designated within the bill.
• Requires the Secretary to develop a cultural resources management plan to
protect a sacred tribal trail along the Colorado River between southern Nevada
and the California -Baja border.
Section 520: Native groundwater supplies.
• Protects the Mojave Preserve's native groundwater supplies by prohibiting the
Department of the Interior from processing rights-of-way applications for
nearby projects that are likely to use more groundwater than is naturally
restored to the local aquifer each year.
Section 102: Wild and scenic rivers.
• Designates 76 miles of wild and scenic rivers, including Deep Creek and the
Whitewater River in and near the San Bernardino National Forest and the
Amargosa River and Surprise Canyon Creek near Death Valley National Park.
Title II: Desert Renewable Energy Permitting
Section 201: Authorizing Renewable Energy Permitting Office funding and
specifying uses for funds generated by renewable development. This section
would authorize the Department of the Interior to:
Fund its new Renewable Energy Permitting Offices with revenues in the
existing BLM Permit Processing Improvement Fund, which can currently only
be used for Oil and Gas permitting.
Establish new memoranda of understanding with states to expedite permitting
of renewable energy projects.
Use the BLM Permit Processing Improvement Fund to expedite Fish and
Wildlife Service permits for renewable energy proposals on private lands.
I!
• Use 50 percent of income generated from renewable energy projects on Federal
Land to (l) replenish the BLM Permit Processing Improvement Fund, (2)
increase the size of the Federal Land and Water Conservation Fund, and (3)
establish a fund for the purpose of reclaiming any abandoned renewable energy
project sites.
• Return the remaining 50 percent of income to state and county governments for
the purpose of improving permitting and increasing conservation.
Section 202: Establishes a process to eliminate the -backlog of renewable energy
development proposals on Federal Land. This section would establish deadlines on
both Federal agencies and applicants to expedite the environmental review of
renewable energy development proposals, to prioritize development proposals in
which the developer makes significant progress, and to turn down ill conceived and
speculative proposals. Applicants who fail to meet deadlines will be rejected in favor
of developers who make progress on their sites. The Bureau of Land Management
would replace its first-come, first -serve permit review process with a process that
would give priority to renewable energy developers who have (1) completed their
biological and cultural studies, (2) submitted an accepted development plan and a plan
for securing necessary water, and (3) applied for an interconnection to the power grid.
The Secretary of the Interior has used similar criteria to declare renewable energy
proposals on a permitting "fast track."
Section 203: Establish a coordinated plan to develop renewable energy on
Federal Land. This section would require the Bureau of Land Management, the
Department of Defense, and the U.S. Forest Service to undertake Programmatic
Environmental Impact Statements of renewable energy potential on Federal land, with
the goal of identifying zones where renewable energy production is in the public
interest, and where environmental approval of renewable energy projects can be
expedited.
Section 204: Requires the Department of Defense (DoD) to Study Renewable
]Energy Potential: This section would instruct the Dol) to study the viability of
developing a renewable energy program on Southwest military bases. Military bases
in California and Nevada have thousands of disturbed acres which cannot be used for
training and may be good places for renewable energy development. Base leaders are
working to develop renewable energy as a result of a DoD goal to generate 25 percent
of all energy from renewable sources by 2025. But the efforts are not coordinated,
and this study would focus personnel on this matter formally.
Section 205: Pilot Program to Establish Endangered Species Mitigation Zones:
In order to better coordinate endangered species protection and reduce barriers to
shifting development from Federal land to private land, renewable energy developers
proposing to develop private lands would contribute money to an endowed fund that
would be used to better manage, in perpetuity, habitat for desert tortoise and other
endangered or threatened species on at least 200,000 acres of specified public lands.
Recent research indicates that, especially for protection of the Desert Tortoise, better
and more active management of existing federal land is a more effective way to
protect the species than acquiring additional mitigation acres in an uncoordinated
manner. BLM would adopt a management plan for each zone in consultation with the
Fish & Wildlife Service and an expert advisory panel.
Section 206: Bonding: Developers proposing renewable energy projects on Federal
land would be required to purchase and hold a bond to fund the eventual clean up and
restoration of projects proposed on public lands.
Section 207: Clarify Permitting Requirements for Temporary Weather
Measurement Equipment: This section would permit the Bureau of Land
Management to expedite the permitting of wind and solar measurement devices.
Section 208: Report: The Secretary of the Interior shall have to report regularly to
Congress on progress permitting renewable energy projects on public lands.
Section 209: Establish loan guarantees and grants for advanced technology and
underground transmission lines. New technologies could upgrade the capacity of
the electricity transmission grid without requiring the permitting and construction of
massive new towers. Newly designed higher capacity wires can be strung from
existing towers, and new technologies allow for more cost effective underground
transmission. However, utilities resist deploying these new technologies because they
are not yet proven and they remain more expensive. By providing support for these
innovations, grants and loan guarantees would help prove these emerging
technologies in a cost effective public-private partnership.
R
AUTHENTICATED
U.S.GOVERNMENT
INFORMATION
C;PO
II
I11TrI CONGRESS S92921
IST SESSION
To provide for• conservation, enhanced recreation opportunities, and develop-
ment of renewable energy in the California Desert Conservation Area,
to require the Secretary of the Interior• to designate certain offices
to serve as Renewable Energy Coordination Offices for coordination of
Federal permits for renewable energy projects and transmission lines
to integrate renewable energy development, and for other purposes.
IN THE SENATE OF THE UNITED STATES
DECEMBER 21 (legislative day, DECEMBER 20), 2009
Mrs. FEINSTEIN introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
A BILL
To provide for conservation, enhanced recreation opportuni-
ties, and development of renewable energy in the Cali-
fornia Desert Conservation Area, to require the Secretary
of the Interior to designate certain offices to -serve as
Renewable Energy Coordination Offices for coordination
of. Federal permits for renewable energy projects and
transmission lines to integrate reneNvable energy develop -
merit, and for other purposes.
I Be it enacted by the Senate and, House of Representa-
2 tines o f the United States of America, t'n Congress assembled,
2
1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
2 (a) SHORT TITLE.—This Act may be cited as the
3 "California Desert Protection Act of 2010".
4 (b) TAI3LE OF CONTENTS.—The table of contents of
5 this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE+' I—CALIFORNIA DESERT CONSERVATION AND RECREATION
See. 101. Amendments to the California Desert Protection Act of 1994.
See. 102. Designation of wild and scenic rivers.
TITLE II—DESERT RENEIVABLE ENERGY PERI7ITTING
Sec. 201. Renewable Energy Coordination Offices to improve Federal permit
7 CONSERVATION AND RECRE-
s ATION
9 SEC. 101. AMENDMENTS TO THE CALIFORNIA DESERT PRO -
10 TECTION ACT OF 1994.
11 (a) IN GENERAL.—Public Law 103-433 (16 U.S.C.
12 410aaa et seq.) is amended by adding at the end the fol -
13 loiN ing:
•S 2921 IS
coordination for renewable energy.
Sec.
202.
Deadlines for consideration of applications for wind and solar energy
right-of-way use authorizations.
See.
203.
Programmatic environmental impact statements and land use plan-
ning.
Sec.
204.
Alilitar;y installations study.
See.
205.
IIabitat mitigation zones.
Sec.
206.
Bonding.
See.
207.
Aleteorological site testing and monitoring categorical exclusion.
See.
208.
Report on renewable energy permitting in Western States.
See.
209.
Support for qualified advanced electric transmission manufaeturing
plants, qualified high efficiency transmission property, and
qualified advanced electric transmission property.
6 TITLE I -CALIFORNIA DESERT
7 CONSERVATION AND RECRE-
s ATION
9 SEC. 101. AMENDMENTS TO THE CALIFORNIA DESERT PRO -
10 TECTION ACT OF 1994.
11 (a) IN GENERAL.—Public Law 103-433 (16 U.S.C.
12 410aaa et seq.) is amended by adding at the end the fol -
13 loiN ing:
•S 2921 IS
3
1 "TITLE XIII -MOJAVE TRAILS
2 NATIONAL MONUMENT
3 "SEC. 1301. DEFINITIONS.
4 "In this title:
5 "(1) MAP.—The term `map' means the map en -
6 titled `Boundary Map, Mojave Trails National
7 Monument' and dated November 19, 2009.
8 "(2) MONUMENT.—The term `Monument'
9 means the Mojave Trails National Monument estab-
10 lished by section 1302(a).
11 "(3) STUDY AREA.—The term `study area'
12 means the land that -
13 "(A) is described in -
14 "(i) the notice of the Bureau of. Land
15 Management of September 15, 2008, enti-
16 tled `Notice of Proposed Legislative With -
17 drawal and Opportunity for Public Meet -
18 ing; California' (73 Fed. Reg. 53269); or
19 "(ii) any subsequent notice in the
20 Federal Register that is related to the no -
21 tice described in clause (i); and
22 "(B) has been segregated by the Director
23 of the Bureau of. Land Management.
•S 2921 IS
n
I "SEC. 1302. ESTABLISHMENT OF THE MOJAVE TRAILS NA -
2 TIONAL MONUMENT.
3 "(a) ESTABLISHATIENT.—There is designated in the
4 State the Mojave Trails National Monument.
5 "(b) PURPOSES.—The purposes of the Monument
6 are -
7 "(1) to preserve the nationally significant bio -
8 logical, cultural, recreational, geological, educational,
9 historic, scenic, and scientific values -
10 "(A) in the Central and Eastern Mojave
11 Desert; and
12 "(B) along historic Route 66; and
13 "(2) to secure the opportunity for present and
14 future generations to experience and enjoy the mag -
15 nifieent vistas, wildlife, land forms, and natural and
16 cultural resources of the Monument.
17 "(c) BOUNDARIES. -
18 "(1) IN GENERAL.—Except as provided in para. -
19 graph (2), the Monument shall consist of the Fed -
20 eral land and Federal interests in land within the
21 boundaries depicted on the map.
22 "(2) EXCLUSIONS. -
23 "(A) STUDY AREA.—Subject to subpara-
24 graph (B), the study area shall be excluded
25 from the Monument to permit the Secretary of
•S 2921 IS
5
1 the Navy to study the land xvithin the study
2 area for -
3 "(i) «7ithdraival in accordance with the
4 Act of. February 28, 1958 (43 U.S.C. 155
5 et seq. ); and
6 "(ii) potential inclusion into the Ma -
1 rine Corps Air Ground Combat Center at
8 Twentynine Palms, California, for national
9 defense purposes.
10 "(B) INCORPORATION IN MONUMENT. -
11 After action by the Secretary of Defense and
12 Congress regarding the withdrawal under sub -
13 paragraph (A), any land xvithin the study area
14 that is not withdrawn shall be incorporated into
15 the Monument.
16 "(d) A11AP; LEGAL DESCRIPTIONS. -
17 "(1) LEGAL DESCRIPTION.—As soon as prac-
18 ticable after the date of enactment of this title, the
19 Secretary shall submit to the Committee on Natural
20 Resources of the IIouse of Representatives and the
21 Committee on Energy and Natural Resources of the
22 Senate legal descriptions of the Monument, based on
23 the map.
24 "(2) CORRECTIONS.—The map and legal de -
25 scriptions of the Monument shall have the same
•S 2921 IS
6
1 force and
effect as
if included in this title, except
2 that the
Secretary
may correct clerical and typo -
3 graphical
errors in
the map and legal descriptions.
4 "(3) AVIULABILITY OF Aup.—The map shall be
5 on file and available for public inspection in the ap-
6 propriate offices of the Bureau of Land Manage -
7 anent.
8 "SEC. 1303. MANAGEMENT OF THE MONUMENT.
9 "(a) IN GENERAL.—The Secretary shall -
10 94(1) only allow uses of the Monument that -
11 "(A) further the purposes described in sec -
12 tion 1302(b);
13 "(B) are included in the management plan
14 developed under subsection (g); and
15 "(C) do not interfere Avith the utility
16 rights-of-way or corridors authorized under see -
17 tion 1304(f); and
18 "(2) subject to valid existing rights, manage the
19 Monument to protect the resources of the Monu-
20 meat, in accordance ivith-
21 "(A) this Act;
22 "(B) the Federal Land Policy and Man -
23 agement Act of 1976 (43 U.S.C. 1701 et seq.);
24 and
25 "(C) any other applicable provisions of law.
•S 2921 IS
Al
1 "(b) COOPERATION AGREEMENTS; GENERAL AU -
2 TIIORITY.—Consistent with the management plan and ex -
3 isting authorities applicable to the Monument, the Sec -
4 retary may enter into cooperative agreements and shared
5 management arrangements (including special use permits
6 with any person (including educational institutions and In -
7 dian tribes)), for the purposes of interpreting, researching,
8 and providing education on the resources of the Monu-
9 ment.
10 "(c) ADMINISTRATION OF SUBSEQUENTLY AC -
11 QUIRED LAND.—Any land or interest in land within the
12 boundaries of the Monument that is acquired by the Sec -
13 retary after the date of enactment of this title shall be
14 managed by the Secretary in accordance with this title.
15 "(d) LIMITATIONS. -
16 "(1) PROPERTY RIGHTS.—The establishment of
17 the Monument does not -
18 "(A) affect -
19 "(i) any property rights of an Indian
20 reservation, individually held trust land, or
21 any other Indian allotments;
22 "(ii) any land or interests in land held
23 by the State, any political subdivision of
24 the State, or any special district; or
eS 2921 IS
S
1 "(iii) any private property rights with -
2 in the boundaries of the Monument; or
3 "(B) grant to the Secretary any authority
4 on or over non -Federal land not already pro -
5 vided by law.
6 "(2) AUTIIORITY.—The authority of the Sec -
7 retary under this title extends only to Federal land
8 and Federal interests in land included in the Monu-
9 ment.
10 "(e) ADJACENT MANAGEMENT. -
11 "(1) IN GENERAL.—Nothing in this title creates
12 any protective perimeter or buffer zone around the
13 Monument.
14 "(2) ACTIVITIES OUTSIDE MONUMENT.—The
15 fact that an activity or use on land outside the
16 Monument can be seen or heard within the Monu-
17 ment shall not preclude the activity or use outside
18 the boundary of the Monument.
19 "(3) No ADDITIONAL REGULATION.—Nothing
20 in this title requires additional regulation of aetivi-
21 ties on land outside the boundary of the Monument.
22 "(f) AIR AND WATER QUALITY.—Nothing in this title
23 affects the standards governing air or water quality out -
24 side the boundary of the Monument.
25 "(g) MANAGEMENT PLAN.—
•S 2921 IS
7
tib
1 "(1) IN GENERAL.—The Secretary shall -
2 "(A) not later than 3 years after the date
3 of enactment of this title, complete a manage -
4 meat plan for the conservation and protection
5 of the Monument; and
6 "(B) on completion of the management
7 plan -
8 "(i) submit the management plan
9 to -
10 "(I) the Committee on Natural
11 Resources of the House of Represent -
12 atives; and
13 "(II) the Committee on Energy
14 and Natural Resources of the Senate;
15 and
16 "(ii) make the management plan
17 available to the public.
18 "(2) INCLUSIONS.—The management plan shall
19 include provisions that -
20 "(A) provide for the conservation and pro -
21 tection of the Monument;
22 "(B) authorize the continued recreational
23 uses of the Monument (including hiking, camp -
24 ing, hunting, mountain biking, sightseeing, off -
25
25 highway vehicle recreation on designated routes,
•S 2921 IS
SIJ
1
rockhounding, and horseback riding), if the rec-
2
reational uses are consistent with this section
3
and any other applicable law;
4
"(C) address the need for and, as nec-
5
essary, establish plans for, the installation, con -
6
struction, and maintenance of public utility en -
7
ergy transport facilities ivithin rights-of-way in
8
the Monument, including provisions that re -
9
quire that the actiA71ities be conducted in a man -
10
ner that minimizes the impact on Monument re -
11
sources (including resources relating to the eco -
12
logical, cultural, historic, and scenic viewshed of
13
the Monument), in accordance with any other
14
applicable laiv;
15
"(D) address the designation and mainte-
16
nanee of roads, trails, and paths in the Monu-
17
menta
18
"(E) address regional fire management
19
planning and coordination between the Director
20
of the Bureau of. Land Management, the Direc-
21
for of the National Park Ser-6ce, and San
22
Bernardino County; and
23
"(F) address the establishment of a visitor
24
center to serve the Monument and adjacent
25
public land.
•S 2921 IS
11
1
"(3) PREPARATION AND IMPLEMENTATION. -
2
"(A) APPLICABLE LAW.—The Secretary
3
shall prepare and implement the management
4
plan in accordance A ith the National Environ -
5
mental Policy Act of 1969 (42 U.S.C. 4321 et
6
seq.) and any other applicable laws.
7
"(B) CONSULTATION.—In preparing and
8
implementing the management plan, the Sec -
9
retary shall periodically consult with -
10
"(i) the advisory committee estab-
11
lisped under section 1306;
12
"(ii) interested private property own -
13
ers and holders of valid existing rights lo -
14
Bated within the boundaries of the Monu-
15
ment; and
16
"(iii) representatives of the Port Mo -
17
jave Indian tribe, the Colorado River In -
18
dian Tribe, the Chemehuevi Indian tribe,
19
and other Indian tribes with historic or
20
cultural ties to land within, or adjacent to,
21
the Monument regarding the management
22
of portions of the Monument containing
23
sacred sites or cultural importance to the
24
Indian tribes.
•S 2921 IS
12
1 "(4) INTERIM MANAGEMENT.—Except as other -
2 wise provided in this Act, pending completion of the
3 management plan for the Monument, the Secretary
4 shall manage any Federal land and Federal interests
5 in land within the boundary of the Monument -
6 "(A) consistent with the existing permitted
7 uses of the land;
8 "(B) in accordance with the general guide -
9 lines and authorities of the existing manage -
10 ment plans of the Bureau of Land Management
11 for the land; and
12 "(C) in a manner consistent with -
13 "(i) the purposes described in section
14 1302(b);
15 "(ii) the provisions of the manage -
16 ment plan under paragraph (2); and
17 "(iii) applicable Federal law.
18 "(h) EFFECT OF SECTION.—Nothing in this section
19 diminishes or alters existing authorities applicable to Fed -
20 oral land included in the Monument.
21 "SEC. 1304. USES OF THE MONUMENT.
22 "(a) USE OF OFF-HILI-mAy VEIIICLES.-
23 "(1) IN GENERAL.—The use of off-highway ve-
24 hicles in the Monument (including the use of off -
25 highway vehicles for commercial touring) shall be
•S 2921 IS
13
1 permitted to continue on designated routes, subject
2 to all applicable law and and authorized by the man -
3 agement plan.
4 "(2) NONDESIGNATED ROUTE s.—Off-highway
5 vehicle access shall be permitted on nondesignated
6 routes and trails in the Monument -
7 "(A) for administrative purposes;
8 "(B) to respond to an emergency; or
9 "(C) as authorized under the management
10 plan.
11 "(3) 1.,\TVE, NToRy.—Not later than 2 years after
12 the date of enactment of this title, the Director of
13 the Bureau of Land Management shall complete an
14 inventory of all existing routes in the Monument.
15 "(b) BUNTING, TRAPPING, AND FISHING. -
16 "(1) IN GENERAL.—Except as provided in para -
17 graph (2), the Secretary shall permit hunting, trap -
18 ping, and fishing �vvithin the Monument in accord -
19 ance N ith applicable Federal and State laws (includ-
20 ing regulations) in effect as of the date of enactment
21 of this title.
22 "(2) TELAPPING.—No amphibians or reptiles
23 may be collected A ithin the Monument.
24 "(3) REGULATIONS.—The Secretary, after con -
25 sultation with the California Department of Fish
•S 2921 IS
14
1 and Game, may issue regulations designating zones
2 where, and establishing periods during which, no
3 hunting, trapping, or fishing shall be permitted in
4 the Monument for reasons of public safety, adminis-
5 tration, resource protection, or public use and enjoy -
6 ment.
7 "(c) GRezING.-
8 "(1) IN GENERAL.—Nothing in this title termi-
9 nates any valid existing grazing allotment within the
10 Monument.
11 "(2) EFFECT ON BLAIR PERMIT.—Nothing in
12 this title affects the Lazy Daisy grazing permit (per -
13 mittee number 9076) on land included in the Monu-
14 ment, including the transfer of title to the grazing
15 permit to the Secretary or to a private party.
16 "(3) PERMIT RETIREMENT.—The Secretary
17 may acquire base property and associated grazing
18 permits within the Monument for purposes of per -
19 manently retiring the permit if -
20 "(A) the permittee is a willing seller;
21 "(B) the permittee and Secretary reach an
22 agreement concerning the terms and conditions
23 of the acquisition; and
•S 2921 IS
15
1 "(C) termination of the allotment would
2 further the purposes of the Monument de -
3 scribed in section 1302(b).
4 "(d) ACCESS TO STATE AND PRIVATE LAND.—The
5 Secretary shall provide adequate access to each owner of
6 non -Federal land or interests in non -Federal land within
7 the boundary of the Monument to ensure the reasonable
8 use and enjoyment of the land or interest by the owner.
9 "(e) LIMITATIONS. -
10 "(1) COMMERCIAL ENTERPRISE s.—Except as
11 provided in paragraphs (2) and (3), or as required
12 for the maintenance, upgrade, expansion, or develop -
13 ment of energy transport facilities in the corridors
14 described in subsection (g), no commercial enter -
15 prises shall be authorized within the boundary of the
16 Monument after the date of enactment of this title.
17 "(2) AUTHORIZED EXCEPTIONS.—The Sec -
18 retary may authorize exceptions to paragraph (1) if
19 the Secretary determines that the commercial enter -
20 prises would further the purposes described in sec -
21 tion 1302(b).
22 "(3) APPLICABILITY.—This subsection does not
23 apply to -
24 "(A) transmission and telecommunication
25 facilities that are owned or operated by a utility
•S 2921 IS
in
1 subject to regulation by the Federal Govern -
2 ment or a State government or a State utility
3 with a service obligation (as those terms are de -
4 fined in section 217 of the Federal Power Act
5 (16 U.S.C. 824q)); or
6 "(B) commercial vehicular touring enter -
7 prises within the Monument that operate on
8 designated routes.
9 "(f) UTILITY RIGHTS -or -WAY. -
10 "(1) IN GENERAL. -Nothing in this title pre -
11 eludes, prevents, or inhibits the maintenance, up -
12 grade, expansion, or development of energy trans -
13 port facilities within the Monument that are critical
14 to reducing the effects of climate change on the envi-
15 ronment.
16 "(2) AUTHORIZATION.—The Secretary shall, to
17 the maximum extent practicable -
18 "(A) permit rights-of-way and alignments
19 that best protect the values and resources of
20 the Monument described in section 1302(b);
21 and
22 "(B) ensure that existing rights-of-way
23 and utility corridors within the Monument are
24 fully utilized before permitting new rights -of. -
•S 2921 IS
1.7
1 way or designating new utility corridors within
2 the Monument.
3 "(3) EFFECT ON EXISTING FACILITIES AND
4 RIGHT S-OF-wAY.—Nothing in this section terminates
5 or limits -
6 "(A) any valid right-of-way within the
7 Monument in existence on the date of enact -
8 ment of this title (including customary oper-
9 ation, maintenance, repair, or replacement ac -
10 tivities in a right-of-way); or
11 "(B) a right-of-way authorization issued on
12 the expiration of an existing right-of-way au -
13 thorization described in subparagraph (A).
14 "(4) UPGRADING AND EXPANSION OF EXISTING
15 RIGHTS- OF-WAY.—Nothing in this subsection pro -
16 hibits the upgrading (including the construction or
17 replacement), expansion, or assignment of an exist -
18 ing utility transmission line for the purpose of in -
19 creasing the capacity of -
20 "(A) a transmission line in existing rights -
21 of -gray; or
22 "(B) a right-of-way issued, granted, or
23 permitted by the Secretary that is contiguous or
24 adjacent to existing transmission line rights -of -
25 way.
aS 2921 IS
is
1 "(5) INTERSTATE 40 TRANSPORTATION COR -
2 RIDOR.—For purposes of underground utility rights -
3 of -way under this subsection, the Secretary shall
4 consider the Interstate 40 transportation corridor to
5 be equivalent to an existing utility right-of-way cor-
6 ridor.
7 "(6) NEW RIGHTS -OF -WAY. -
8 "(A) IN GENERAIL. Any new rights -of -«Tay
9 or new uses within existing rights-of-way
10 shall -
11 "(i) only be permitted in energy eor-
12 ridors or expansions of energy corridors
13 that are designated as of the date of enact -
14 ment of this title; and
15 "(ii) subject to subparagTaph (B), re -
16 quire review and approval under the Na -
17 tional Environmental Policy Act of 1969
18 (42 U.S.C. 4321 et seq.).
19 "(B) APPROVAL.—Ne«, rights -of. -way or
20 uses or expansions of existing corridors under
21 subparagraph (A) shall only be approved if the
22 head of the applicable lead Federal agency, in
23 consultation with other agencies as appropriate,
24 determines that the new rights-of-way, uses, or
25 expansions are consistent with—
•S 2921 IS
19
1 "(i) this title;
2 "(ii) other applicable laws;
3 "(iii) the purposes of the Monument
4 described in section 1302(b); and
5 "(iv) the management plan for the
6 Monument.
7 "(g) WEST WIDE ENERGY CORRIDOR. -
8 "(1) ALTERNATIVE ALIGNMENT. -Subject to
9 paragraph (2), to further the purposes of the Monu-
10 ment described in section 1302(b), the Secretary
11 may require a realignment of the energy right -of -
12 way corridor numbered 27-41 and designated under
13 the energy corridor planning process established by
14 section 368 of the Energy Policy Act of 2005 (42
15 U.S.C. 15926) if an alternative alignment within the
16 Monument -
17 "(A) provides substantially similar energy
18 transmission capacity and reliability;
19 "(B) does not impair other existing rights -
20 of -way; and
21 "(C) is compatible with military training
22 requirements.
23 "(2) CONSULTATION. -Before establishing an
24 alternative alignment of the energy right-of-way cor-
•S 2921 IS
RM
1 ridor under paragraph (1), the Secretary shall con -
2 sult with -
3 "(A) the Secretary of. Energy;
4 "(B) the Secretary of Defense;
5 "(C) the State, including the transmission
6 permitting agency of the State;
7 "(D) units of local government in the
8 State; and
9 "(E) any entities possessing valid existing
10 rights-of-way -vvithin-
11 "(i) the energy corridor described in
12 paragraph (1); or
13 "(ii) any potential alternative energy
14 corridor.
15 "(3) EFFECT ON ENERGY TRANSPORT COR -
16 RIDORS.—Nothing in this subsection diminishes the
17 utility of energy transport corridors located within
18 the Monument and identified under section 368 of
19 the Energy Policy Act of 2005 (42 U.S.C. 15926),
20 Energy Corridors E or I (as designated in the Cali -
21 fornia Desert Conservation Area Plan), or energy
22 corridors numbered 27-41 and 27-225 and des -
23 ignated by a record of decision -
24 "(A) to provide locations for—
•S 2921 IS
21
1 "(i) electric transmission facilities
2 that improve reliability, relieve congestion,
3 and enhance the national grid; and
4 "(ii) oil, gas, and hydrogen pipelines;
5 and
6 "(B) to provide locations for electric trans -
7 mission facilities that -
8 "(i) promote renewable energy genera -
9 tion;
10 "(ii) otherwise further the interest of
11 the United States if the transmission fa -
12 cilities are identified as critical -
13 "(I) in a Federal law; or
14 "(II) through a regional trans -
15 mission planning process; or
16 "(iii) consist of high-voltage trans -
17 mission facilities critical to the purposes
18 described in clause (i) or (ii).
19 "(4) LAND USE PLANNING.—In conducting
20 land use planning for the Monument, the Sec -
21 retary-
22 "(A) shall consider the existing locations of
23 the corridors described in paragraph (3); and
24 "(B) subject to paragraph (5), may amend
25 the location of any energy corridors to comply
•S 2921 IS
22
1 with purposes of the Monument if the amended
2 corridor -
3 "(i) provides connectivity across the
4 landscape that is equivalent to the
5 connectivity provided by the existing loca-
6 tion;
7 "(ii) meets the criteria established
8 by -
9 "(I) section 368 of the Energy
10 Policy Act of 2005 (42 U.S.C.
11 15926); and
12 "(II) the record of decision for
13 the applicable corridor; and
14 "(iii) does not impair or restrict the
15 uses of existing rights-of-way.
16 "(5) CONSULTATION REQUIR,ED.—Before
17 amending a corridor under paragraph (4)(B), the
18 Secretary shall consult with all interested parties
19 (including the persons identified in section 36S(a) of
20 the Energy Policy Act of 2005 (42 U.S.C.
21 15926(x))), in accordance with applicable laws (in -
22 eluding regulations).
23 "(h) 0«RFLIGHTS.—Nothing in this title or the
24 management plan restricts or preeludes—
•S 2921 IS
23
1 "(1) overflights (including low-level overflights)
2 of military, commercial, and general aviation aircraft
3 that can be seen or heard Nvithin the Monument;
4 "(2) the designation or creation of new units of
5 special use airspace; or
6 "(3) the establishment of inilitary flight train -
7 ing routes over the Monument.
8 "(i) WITHDRAWALS. -
9 "(1) IN GENERAL. -Subject to valid existing
10 rights and except as provided in paragraph (2), the
11 Federal land and interests in Federal land included
12 within the Monument are withdrawn from -
13 "(A) all forms of entry, appropriation, or
14 disposal under the public land laws;
15 "(B) location, entry, and patent under the
16 public land mining laws;
17 "(C) operation of the mineral leasing, geo-
18 thermal leasing, and mineral materials laws;
19 and
20 "(D) energy development and power gen-
21 enation.
22 "(2) EXCHANGE. -Paragraph (1) does not
23 apply to an exchange that the Secretary determines
24 would further the protective purposes of the Monu-
25 ment.
aS 2921 IS
24
1 "(j) ACCESS To RENEWABLE ENERGY FACILITIES. -
2 "(1) IN GENERAL.—On a determination that no
3 reasonable alternative access exists and subject to
4 paragraph (2),
the
Secretary may
allow new right -
5 of. -ways within
the
Monument to
provide
vehicular
6 access to reneivable energy project sites outside the
7 boundaries of the Monument.
8 "(2) RESTRICTIONS.—To the maximum extent
9 practicable, the rights-of-way shall be designed and
10 sited to be consistent with the purposes of the
11 Monument described in section 1.302(b).
12 "SEC. 1305. ACQUISITION OF LAND.
13 "(a) IN GENI+:RAL.—The Secretary may acquire for
14 inclusion in the Monument any land or interests in land
15 within the boundary of the Monument owned by the State,
16 units of local government, Indian tribes, or private individ-
17 uals only by -
18 "(1) donation;
19 "(2) exchange vcVith a willing party; or
20 "(3) purchase from a willing seller for fair mar -
21 ket value.
22 "(b) USE OF EASEMENTS.—To the maximum extent
23 practicable and only with the approval of the landowner,
24 the Secretary may use permanent conservation easements
oS 2921 IS
25
1 to acquire an interest in land in the Monument rather
2 than acquiring fee simple title to the land.
3 "(C) INCORPORATION OF ACQUIRED LAND AND IN -
4 TERESTS IN LAND.—Any land or interest in land within
5 the boundaries of. the Monument that is acquired by the
6 United States after the date of enactment of this title shall
7 be added to and administered as part of the Monument.
8 "(d) DONATED A_N1 D ACQUIRED LAND.
9
"(1) IN GENERAL.—All
land within the
bound -
10
ary of the Monument
donated to the United
States
11 or acquired using amounts from the land and water
12 conservation fund established under section 2 of the
13 Land and Water Conservation Fund Act of 1965
14 (16 U.S.C. 4601-5) before, on, or after the date of
15 enactment of this title -
16 "(A) is withdrawn from mineral entry;
17 "(B) shall be managed in accordance with
18 section 1904; and
19 "(C) shall be managed consistent with the
20 purposes of the Monument described in section
21 1302(b).
22 "(2) EFFECT ON MONUMENT.—Land within the
23 boundary of the Monument that is contiguous to
24 land donated to the United States or acquired using
25 amounts from the land and water conservation fund
oS 2921 IS
26
1 established under section 2 of the Land and Water
2 Conservation Fund Act of 1965 (16 U.S.C. 4601-5)
3 shall be managed in a manner consistent with con -
4 servation purposes, subject to applicable law.
5 "SEC. 1306. ADVISORY COMMITTEE.
6 "(a) IN GENERAL.—Tbe Secretary shall establish an
7 advisory committee for the Monument, the purpose of
8 which is to advise the Secretary with respect to the prepa-
9 ration and implementation of the management plan re -
10 quired by section 1303(8).
11 "(b) MEMBERSHIP.—To the extent practicable, the
12 advisory committee shall include the following members,
13 to be appointed by the Secretary:
14 "(1) A representative with expertise in natural
15 science and research selected from a regional univer-
16 sity or research institute.
17 "(2) A representative of the California Natural
18 Resources Agency.
19 "(3) A representative of the California Public
20 Utilities Commission.
21 "(4) A representative of the County of San
22 Bernardino, California.
23 "(5) A representative of each of the cities of
24 Barstow, Needles, Twentynine Palms, and Yucca
25 Valley, California.
•S 2921 IS
IM
1 "(6) A representative of each of the Colorado
2 River, Fort Mojave, and the Chemehue-%71 Indian
3 tribes.
4 "(7) A representative from the Department of
5 Defense.
6 "(8) A representative of the Wildlands Conser-
7 vancy.
8 49(9) A representative of a local conservation or -
9 ganization.
10 "(10) A representative of a historical preserva-
11 tion organization.
12 "(11) A representative from each of the fol -
13 lowing recreational activities:
14 "(A) Off-highway vehicles.
15 "(B) Hunting.
16 "(C) Rockhounding.
17 "(c) TERMS. -
18 "(1) IN GENERAL.—In appointing mei-Aers
19 under paragraphs (1) through (1.1) of subsection
20 (b), the Secretary shall appoint 1 primary member
21 and 1 alternate member that meets the qualifica-
22 tions described in each of those paragraphs.
23 "(2) VAcANcy.-
24 "(A) PRIMARY MEMBER.—A vacancy on'
25 the advisory committee with respect to a pri-
•S 2921 IS
28
1 mary member shall be filled by the applicable
2 alternate member.
3 "(B) ALTERNATE MEMBER.—The See -
4 retary shall appoint a new alternate members in
5 the event of a vacancy with respect to an alter -
6 nate member of the advisory committee.
7 "(3) TERMINATION. -
8 "(A) IN GENERAL.—The term of all mem-
9 bens of the advisory committee shall terminate
10 on the termination of the advisory committee
11 under subsection (g).
12 "(B) NEW ADVISORY COMMITTEE.—At the
13 discretion of the Secretary, the Secretary .may
14 establish a new advisory committee on the ter -
15 mination of the advisory committee under sub -
16 section (g) to provide ongoing recommendations
17 on the management of the Monument.
18 "(d) QUORUM.—A quorum of the advisory committee
19 shall consist of a majority of the primary members.
20 "(e) CHAIRPERSON AND PROCEDURES. -
21 "(1) IN GENERAL.—The advisory committee
22 shall select a chairperson and vice chairperson from
23 among the primary members of the advisory com-
24 mittee.
.S 2921 IS
29
1 "(2) DUTIES.—The chairperson and vice chair -
2 person selected under paragraph (1) shall establish
3 any rules and procedures for the advisory committee
4 that the chairperson and vice -chairperson determine
5 to be necessary or desirable.
6 "(f) SERVICE WITHOUT COAMPENSATION.-Members
7 of the advisory committee shall serve without pay.
8 "(g) TERMINATION. -The advisory committee shall
9 cease to exist on -
10 "(1) the date on which the management plan is
11 officially adopted by the Secretary; or
12 "(2) at the discretion of the Secretary, a later
13 date established by the Secretary.
14 "SEC. 1307. RENEWABLE ENERGY RIGHT-OF-WAY APPLICA-
15 TIONS.
16 "(a) IN GENE�w.—Applicants for rights-of-way for
17 the development of solar energy facilities that have been
18 terminated by the establishment of the Monument shall
19 be granted the right of first refusal to apply for replace -
20 ment sites that -
21 "(1) have not pre\71ously been encumbered by
22 right-of-way applications; and
23 "(2) are located within the Solar Energy Zones
24 designated by the Solar Energy Programmatic Envi-
•S 2921 IS
30
1 ronmental Impact Statement of the Department of
2 the Interior and the Department of Energy.
3 "(b) ELIGIBILITY.—To be eligible for a right of first
4 refusal under subsection (a), an applicant shall have, on
5 or before December 1, 2009-
6 "(1) submitted an application for a. right-of.-vvay
7 to the Bureau of Land Management;
8 "(2)
completed a
plan of
development to
de -
9 velop a
solar energy
facility
on land within
the
10 Monument;
11 "(3) submitted cost recovery funds to the Bu -
12, reau of Land Management to assist with the costs
13 of processing the right-of-way application;
14 "(4) successfully submitted an application for
15 an interconnection agreement with an electrical grid
16 operator that is registered with the North Aineriean
17 Electric Reliability Corporation; and
18 "(5)(A) secured a power purchase agreement;
19 or
20 "(B) a financially and technically viable solar
21 energy facility project, as determined by the Director
22 of the Bureau of Land Management.
23 "(c) EQUItTIU-,ENT ENERGY PRODUCTION.—Each
24 right-of-way for a replacement site granted under this see -
25 tion shall—
•S 2921 IS
31
1 "(1) authorize the same energy production at
2 the replacement site as had been applied for at the
3 site that had been the subject of the terminated ap-
4 plication; and
5 "(2) have -
6 "(A) appropriate solar insolation and
7 geotechnical attributes; and
8 "(B) adequate access to existing trans -
9 mission or feasible new transmission.
10 "(d) EXISTING RIGHTS-of-1vAY APPLICATIONS.
11 Nothing in this section alters, affects, or displaces primary
12 rights-of-way applications within the Solar Energy Study
13 Areas unless the applications are otherwise altered, af-
14 fected, or displaced as a result of the Solar Energy Pro -
15 grammatie Environmental Impact Statement of the De -
16 partment of the Interior and the Department of Energy.
17 "(e) DEADLINES.—A right of first refusal granted
18 under this section shall only be exercisable by the later
19 of -
20 "(1.) the date that is 180 days after the date of
21 enactment of this title; or
22 "(2) the date that is 180 clays after the date of
23 the designation of the Solar Energy Zones under the
24 Solar Energy Programmatic Environmental Impact
25 Statement.
•S 2921 IS
32
1 "(f) E=DITED APPLICATION PROCESSING.—The
2 Secretary shall expedite the review of replacement site ap-
3 plications from eligible applicants, as described in sub -
4 section (b).
5 "TITLE XIV -SAND TO SNOW
6 NATIONAL MONUMENT
7 "SEC. 1401. DEFINITIONS.
8 "In this title:
9 "(1) MAP.—The term `map' means the map en -
10 titled `Boundary Map, Sand to Snow National
11 Monument' and dated October 26, 2009.
12 "(2) MONUMENT.—The term `Monument'
13 means the Sand to Snow National Monument estab-
14 fished by section 1402(x).
15 "(3) SECRETARIES.—The term `Secretaries'
16 means the Secretary of the Interior and the See -
17 retary of Agriculture, acting jointly.
18 "SEC. 1402. ESTABLISHMENT OF THE SAND TO SNOW NA -
19 TIONAL MONUMENT.
20 "(a) ESTABLISHMENT.—There is designated in the
21 State the Sand to Snow National Monument.
22 "(b) PURPOSES.—The purposes of the Monument
23 are -
24 "(1) to preserve the nationally significant bio -
25 logical, cultural, educational, geological, historic, see -
•S 2921 IS
33
1 nic, and recreational values at the convergence of
2 the Mojave and Colorado Desert and the San
3 Bernardino Mountains; and
4 "(2) to secure the opportunity for present and
5 future generations to experience and enjoy the mag -
6 nificent vistas, wildlife, land forms, and natural and
7 cultural resources of the Monument.
8 "(c) BOUNDARIES.—The Monument shall consist of
9 the Federal land and Federal interests in land within the
10 boundaries depicted on the map.
11 "(d) MAP; LEGAL DESCRIPTIONS. -
12 "(1) LEGAL DESCRIPTION.—As soon as prac-
13 ticable after the date of enactment of this title, the
14 Secretary shall submit to the Committee on Natural
15 Resources of the House of Representatives and the
16 Committee on Energy and Natural Resources of the
17 Senate legal descriptions of the Monument, based on
18 the map.
19 "(2) CORRECTIONS.—The map and legal de -
20 scriptions of. the Monument shall have the same
21 force and effect as if included in this title, except
22 that the Secretary may correct clerical and typo -
23 graphical errors in the map and legal descriptions.
vS 2921 IS
34
1 "(3) AviuLM3ILITv OF AmAP.—The map shall be
2 on file and available for public inspection in appro-
3 priate offices of the Bureau of Land Management.
4 "SEC. 1403. MANAGEMENT OF THE MONUMENT.
5 "(a) IST GENER VL.—The Secretary shall -
6 "(1) only allow uses of the Monument that -
7 "(A) further the purposes described in sec -
8 tion 1402 (b);
9 "(B) are included in the management plan
10 developed under subsection (g); and
11 "(C) do not interfere ivith the utility
12 rights-of-way authorized under section 1.405(e), -
13
405(e);13 and
14 "(2) subject to valid existing rights, manage the
15 Monument to protect the resources of the Monu-
16 ment, in accordance ivith-
17 "(A) this title;
18 "(B) the Federal Land Policy and Man -
19 agement Act of 1976 (43 U.S.C. 1701 et seq.),.
20 and
21 "(C) any other applicable provisions of lain.
22 "(b) COOPERATION AGREEDIENTs; GENERAL Au -
23 THORITY.—Consistent with the management plan and ex -
24 isting authorities applicable to the Monument, the Sec -
25 retary may enter into cooperative agreements and shared
•S 2921 IS
35
1 management arrangements (including special use permits
2 with any person (including educational institutions and In -
3 than tribes)), for the purposes of interpreting, researching,
4 and providing education on the resources of the Monu-
5 ment.
6 "(C) ADMINIS`1`RATION OF SUBSEQUENTLY AC -
7 QUIRED LAND.—Any land or interest in land within the
8 boundaries of the Monument that is acquired by the Sec -
9 retar;y of the Interior or the Secretary of Agriculture after
10 the date of enactment of this title shall be managed by
11 the Secretary of Agriculture or the Secretary of the Inte-
12 rior, respectively, in accordance with this title.
13 "(d) LIMITATIONS. -
14 "(1) PROPERTY RIGH'T'S.—The establishment of
15 the Monument does not -
16 "(A) affect -
17 "(i) any property rights of an Indian
18 reservation, individually held trust land, or
19 any other Indian allotments;
20 "(ii) any land or interests in land held
21 by the State, any political subdivision of
22 the State, or any special district; or
23 "(iii) any private property rights «rith-
24 in the boundaries of the Monument; or
•S 2921 IS
36
1 "(B) grant to the Secretary any authority
2 on or over non -Federal land not already pro-
3 vided by lativ.
4 "(2) AUTHORITY.—The authority of the See-
5 rotary under this title extends only to Federal land
6 and Federal interests in land included in the Monu-
7 ment.
8 "(e) ADJACENT MANAGETAIENT.-
9 "(1) IN GENEI' AL.-Nothing in this title creates
10 any protective perimeter or buffer zone around the
11 Monument.
12 "(2) ACT1<7ITIEs OUTSIDE �Io�TUi�IE�TT.—The
13 fact that an activity or use on land outside the
14 Monument can be seen or heard ,within the Monu-
15 meat shall not preclude the activity or use outside
16 the boundary of the Monument.
17 "(3) No ADDITIONELL REGULATION.-Nothing
18 in this title requires additional regulation of activi-
19 ties on land outside the boundary of the Monument.
20 "(f) AIR AND NATATER QUALITY.—Nothing in this title
21 affects the standards governing air or water quality out-
22 side the boundary of the Monument.
23 "(g) MANAGEMENT PLAN.-
24 "(1) IN GENERAL.—The Secretaries shall—
•S 2921 IS
37
1 "(A) not later than 3 years after the date
2 of enactment of this title, complete a manage -
3 ment plan for the conservation and protection
4 of the Monument; and
5 "(B) on completion of the management
6 plan -
7 "(i) submit the management plan
8 to—
g "(I) the Committee on Natural
10 Resources of the -House of Represent -
11 atives; and
12 "(II) the Committee on Energy
13 and Natural Resources of the Senate;
14 and
15 "(ii) make the management plan
16 available to the public.
17 "(2) INCLUSIONS.—The management plan shall
18 include provisions that -
19 "(A) provide for the conservation and pro -
20 tection of the Monument;
21 "(B) authorize the continued recreational
22 uses of the Monument (including hiking, camp -
23 ing, hunting, mountain biking, sightseeing, off -
24 highway vehicle recreation on designated routes,
25 rockhounding, and horseback riding), if the rec-
•S 2921 IS
-438
1
reational uses are consistent with this title and
2
any other applicable law;
3
"(C) address the need for and, as nee -
4
essary, establish plans for, the installation, con -
5
struction, and maintenance of public utility en -
6
ergy transport facilities within rights -of. -way in
7
the Monument outside of designated «Tilderness
8
areas, including provisions that require that -
9
"(i) the activities be conducted in a
10
manner that minimizes the impact on
11
Monument resources (including resources
12
relating to the ecological, cultural, historic,
13
and scenic viewshed of the Monument), in
14
accordance with any other applicable law;
15
and
16
"(ii) the facilities are consistent with
17
this section and any other applicable la«T;
18
"(D) address the designation and mainte-
19
nance of roads, trails, and paths in the Monu-
20
menta
21
"(E) address regional fire management
22
planning and coordination between the Director
23
of the Bureau of Land Management, the Chief
24
of. the Forest Service, Riverside County, and
25
San Bernardino County; and
•S 2921 IS
39
1
"(F) address the establishment of a visitor
2
center to serve the Monument and adjacent
3
public land.
4
"(3) PREPARATION AND IMPLEMENTATION. -
5
"(A) APPLICABLE LAW.—The Secretary
6
shall prepare and implement the management
7
plan in accordance with the National Environ -
8
mental Policy Act of 1969 (42 U.S.C. 4321 et
9
seq.) and any other applicable laws.
10
"(B) CONSULTATION.—In preparing and
11
implementing the management plan, the Sec -
12
retary shall periodically consult with -
13
"(i) the advisory committee estab-
14
lished under section 1406;
15
"(ii) interested private property own -
16
ers and holders of valid existing rights lo -
17
cated within the boundaries of the Monu-
18
ment; and
19
"(iii) representatives of the Morongo
20
Band of Mission Indians and other Indian
21
tribes with historic or cultural ties to land
22
1,171thin, or adjacent to, the Monument re -
23
garding the management of portions of the
24
Monument that are of cultural importance
25
to the Indian tribes.
eS 2921 IS
WIC
1 "(4) INTERIM MANAGEMENT.—Except as other -
2 wise prohibited by this Act, pending completion of
3 the management plan for the Monument, the Sec -
4 retary shall manage any Federal land and Federal
5 interests in land Nvithin the boundary of the Monu-
6 ment-
7 "(A) consistent with the existing permitted
8 uses of the land;
9 "(B) in accordance with the general guide -
10 lines and authorities of the existing manage -
11 ment plans of the Bureau of Land Management
12 and the Forest Service for the land; and
13 "(C) in a manner consistent with -
14 "(i) the purposes described in section
15 1402(b);
16 "(ii) the provisions of the manage -
17 meat plan under paragraph (2); and
18 "(iii) applicable Federal law.
19 "(5) EFFECT OF SECTION.—Nothing in this
20 section diminishes or alters existing authorities ap-
21 plicable to Federal land included in the Monument.
22 "SEC. 1404. USES OF THE MONUMENT.
23 "(a) USE OF OFF-HIGIIWAY VEHICLES. -
24 "(1) IN GENERAL.—The use of off-highway ve-
25 hicles in the Monument (including the use of off -
•S 2921 IS
41
1 highway vehicles for commercial touring) shall be
2 permitted to continue on designated routes, subject
3 to all applicable law and authorized by the manage -
4 ment plan.
5 "(2) NONDESIGNATED ROUTES.—Off-highway
6 vehicle access shall be permitted on nondesignated
7 routes and trails in the Monument -
8 "(A) for administrative purposes;
9 "(B) to respond to an emergency; or
10 "(C) as authorized under the management
11 plan.
12 "(3) INVENTORY.—Not later than 2 years after
13 the date of enactment of this title, the Director of
14 the Bureau of Land Management shall complete an
15 inventory of all existing routes in the Monument.
16 "(b) HUNTING, TRAPPING, AND FISIIING.-
17 "(1.) IN GENERAL.—Except as provided in para -
18 graph (2), the Secretary shall permit hunting, trap -
19 ping, and fishing within the Monument in accord -
20 ance with applicable Federal and State laws (inelud-
21 ing regulations) as of the date of enactment of this
22 title.
23 "(2) TRAPPING.—No amphibians or reptiles
24 may be collected within the Monument.
•S 2921 IS
42
1 "(3) REGULATIONS.—The Secretary, after con-
2 sultation with the California Department of Fish
3 and Game, may issue regulations designating zones
4 w7her•e, and establishing periods during which, no
5 hunting, trapping, or fishing shall be permitted in
6 the Monument for reasons of public safety, adminis-
7 tration, resource protection, or public use and enjoy-
8 ment.
9 "(c) ACCESS TO STATE AND PRIVATE LAND.—The
10 Secretary shall provide adequate access to each owner of
11 non -Federal land or interests in non -Federal land within
12 the boundary of the Monument to ensure the reasonable
13 use and enjoyment of the land or interest by the owner.
14 "(d) LimITATIONs.-
15 "(1) COTA11 rERCLU, ENTERPRISE s.—Except as
16 provided in paragraphs (2) and (3), or as required
17 for the maintenance, upgrade, expansion, or develop-
18 ment of energy transport facilities in the corridors
19 described in subsection (e), no commercial enter-
20 prises shall be authorized within the boundary of the
21 Monument after the date of enactment of this title.
22 "(2) AUTIIORI%ED EXCEPTIONS.—The See-
23 retary may authorize exceptions to paragraph (1) if
24 the Secretary determines that the commercial enter -
•S 2921 IS
43
1 prises would further the purposes described in sec -
2 tion 1402(b).
3 "(3) TRANSMISSION AND TELECOMMUNICATION
4 FACILITIES.—This subsection does not apply to -
5 "(A) transmission and telecommunication
6 facilities that are owned or operated by a utility
7 subject to regulation by the Federal Govern -
8 ment or a State government or a State utility
9 with a service obligation (as those terms are de -
10 fined in section 217 of the Federal Power Act
11 (16 U.S.C. S24q)); or
12 "(B) commercial vehicular touring enter -
13 prises Nvithin the Monument that operate on
14 designated routes.
15 "(e) UTILITY RIGHTS -OF -WAY. -
16 "(1) IN GENERAL.—Nothing in this Act pre -
17 eludes, prevents, or inhibits the maintenance, up -
18 grade, expansion, or development of energy trans -
19 port facilities within the Monument that are critical
20 to reducing the effects of climate change on the envi-
21 ronment.
22 "(2) RIGHT-OF-WAY.—To the maximum extent
23 practicable -
24 "(A) the Secretary shall permit rights of
25 way and alignments that best protect the values
•S 2921 IS
1 and resources of the Monument described in
2 section 1402(b); and
3 "(B) the Secretary shall ensure that exist -
4 ing rights-of-way and utility corridors '" ithin
5 the Monument are frilly utilized before permit -
6 ting new rights-of-way or designating new util-
7 ity corridors within the Monument.
8 "(3) EFFECT ON EXISTING FACILITIES AND
9 RIGHTS-OF-wAY.-Nothing in this section terminates
10 or limits -
11 "(A) any valid right-of-way in existence
12 NN ithin the Monument on the date of enactment
13 of this title (including customary operation,
14 maintenance, repair, or replacement activities in
15 a right -of -«gay); or
16 "(B) a right-of.-ivay authorization issued on
17 the expiration or the assignment of an existing
18 right-of-way authorization described in subpara-
19 graph (A).
20 "(4) UPGRADING AND EXPANSION OF EXISTING
21 RIGGHTS-OF-V TAY. -Nothing in this subsection pro -
22 hibits the upgrading (including the construction or
23 replacement), expansion, or assignment of an exist -
24 ing utility transmission line for the purpose of in -
25 creasing the capacity of—
•S 2921 IS
45
1 "(A) a transmission line in existing rights -
2 of -way; or
3 "(B) a right-of-way issued, granted, or
4 permitted by the Secretary that is contiguous or
5 adjacent to existing transmission line rights -of -
6 way.
7 "(5) NEW RIGHTS-OF-AVAY.-
8 "(A) IN GENERAL.—Any new rights-of-way
9 or new uses within existing rights-of-tivay shall,
10 subject to subparagraph (B), require review and
11 approval under the National Environmental
12 Policy Act of 1.969 (42 U.S.C. 4321 et seq.).
13 "(B) APPROVAL.—NeAv uses under sub -
14 paragraph (A) shall only be approved if the
15 head of the applicable lead Federal agency, in
16 consultation with other applicable agencies, de -
17 termine that the uses are consistent with -
18 "(i) this title;
19 "(ii) other applicable laws;
20 "(iii) the purposes of the Monument
21 described in section 1402(b); and
22 "(iv) the management plan for the
23 Monument.
24 "(6) EFFECT ON ENERGY TRANSPORT COR -
25 RIDORS.-Nothing in this subsection diminishes the
•S 2921 IS
46
1 utility of energy transport corridors located within
2 the Monument designated by a record of. decision -
3 "(A) to provide locations for -
4 "(i) electric transmission facilities
5 that improve reliability, relieve congestion,
6 and enhance the national grid; and
7 "(ii) oil, gas, and hydrogen pipelines;
8 and
9 "(B) to provide locations for electric trans -
10 mission facilities that -
11 "(i) promote renewable energy genera -
12 tion;
13 "(ii) otherwise further the interest of
14 the United States if the transmission fa -
15 cilities are identified as critical in law or
16 through a regional transmission planning
17. process; or
18 "(iii) consist of high-voltage trans -
19 mission facilities critical to the purposes
20 described in clause (i) or (ii).
21 "(7) LAND USE PLANNING.—In conducting
22 land use planning for the Monument, the Sec -
23 retary-
24 "(A) shall consider the existing locations of
25 the corridors described in paragraph (6); and
•S 2921 IS
I "(B) subject to paragraph (8), may amend
2 the location of any energy corridors to comply
3 with purposes of the Monument if the amended
4 corridor -
5 "(i) provides connectivity across the
6 landscape that is equivalent to the
7 connectivity provided by the existing loca-
8 tion;
9 "(ii) meets the criteria established
10 by
11 "(I) section 368 of the Energy
12 Policy Act of 2005 (42 U.S.C.
13 15926); and
14 "(Il) the record of decision for
15 the applicable corridor; and
16 "(iii) does not impair or restrict the
17 uses of existing rights-of-way.
18 "(8) CONSULTATION REQUIRED.—Before
19 amending a, corridor under paragraph (7)(B), the
20 Secretary shall consult �vith all interested parties
21 (including the persons identified in section 368(x) of
22 the Energy Policy Act of 2005 (42 U.S.C.
23 15926(a))), in accordance iN ith applicable laws (in -
24 eluding regulations).
•S 2921 IS
I "(f) OATPRTLIGHTS.-Nothing in this title or the
2 management plan restricts or precludes -
3 "(1) overflights (including low-level overflights)
4 of military, commercial, and general aviation aircraft
5 that can be seen or heard within the Monument;
6 "(2) the designation or creation of new units of
7 special use airspace; or
8 "(3) the establishment of military flight train -
9 ing routes over the Monument.
10 "(g) WITHDRAWALS. -
11 "(1) IST GENERAL. -Subject to valid existing
12 rights and except as provided in paragraph (2), the
13 Federal land and interests in Federal land included
14 within the Monument are withdrawn from -
15 "(A) all forms of entry, appropriation, or
16 disposal under the public land laws;
17 "(B) location, entry, and patent under the
18 public land mining laws;
19 "(C) operation of the mineral leasing, geo-
20 thermal leasing, and mineral materials laws;
21 and
22 "(D) energy development and power gen-
23 oration.
24 "(2) ExcHANTGE.—Paragraph (1) does not
25 apply to an exchange that the Secretary determines
•S 2921 IS
49
1 would further the protective purposes of the Monu-
2 ment.
3 "(h) ACCESS To RENEWABLE ENERGY FACILI-
4 TIES. -
5 "(1) IN GENERAL. -Subject to paragraph (2),
6 the Secretary may allow neiv right-of-ways within
7 the Monument to provide reasonable vehicular access
8 to renewable energy project sites outside the bound -
9 aries of the Monument.
10 "(2) RESTRICTIONS.—alb the maximum extent
11 practicable, the rights-of-way shall be designed and
12 sited to be consistent with the purposes of the
13 Monument described in section 1402(b).
14 "SEC. 1405. ACQUISITION OF LAND.
15 "(a) IN GENERAL.—The Secretary may acquire for
16 inclusion in the Monument any land or interests in land
17 within the houndary of the Monument oivned by the State,
18 units of local government, Indian tribes, or private individ-
19 uals only by -
20 "(1) donation;
21 "(2) exchange ivith a. Nvilling party; or
22 "(3) purchase from a swilling seller for fair mar -
23 ket value.
24 "(b) USE OF EASEAIIENTS.—alb the maximum extent
25 practicable and only with the approval of the landowner,
•S 2921 IS
50
1 the Secretary may use permanent conservation easements
2 to acquire an interest in land in the Monument rather
3 than acquiring fee simple title to the land.
4 "(c) INCORPORA'T`ION OF ACQUIRED LAND AND IN -
5 TERESTS IN LAND.—Any land or interest in land within
6 the boundaries of the Monument that is acquired by the
7 United States after the date of enactment of this title shall
8 be added to and administered as part of the Monument.
9 "(d) DONATED AND ACQUIRED LAND. -
10 "(1) IN GENERAL.—All land within the bound -
11 ary of the Monument donated to the United States
12 or acquired using amounts from the land and water
13 conservation fund established under section 2 of the
14 Land and Nater Conservation Fund Act of 1965
15 (16 U.S.C. 4601-5) before, on, or after the date of
16 enactment of this title -
17 "(A) is NvithdraNvn from mineral entry;
18 "(B) shall be managed in accordance with
19 section 1904; and
20 "(C) shall be managed consistent with the
21 purposes of the Monument described in section
22 1402(b).
23 "(2) EFFECT ON MONUMENT.—Land within the
24 boundary of the Monument that is contiguous to
25 land donated to the United States or acquired using
•S 2921 IS
51
1 amounts from the land and water conservation fund
2 established under section 2 of the Land and Water
3 Conservation fund Act of 1965 (16 U.S.C. 4601-5)
4 shall be managed in a manner consistent with con -
5 servation purposes, subject to applicable law.
6 "SEC. 1406. ADVISORY COMMITTEE.
7 "(a) IN GENE.—The Secretary shall establish an
8 advisory committee for the Monument, the purpose of
9 which is to advise the Secretary with respect to the prepa-
10 ration and implementation of the management plan re -
11 quired by section 1403(8).
12 "(b) MEMI3ERSIIIP.—To the extent practicable, the
13 advisory committee shall include the following members,
14 to be appointed by the Secretary:
15 "(1) A representative with expertise in natural
16 science and research selected from a regional univer-
17 sity or research institute.
18 "(2) A renresentifive of the Dena.rtment, of Do -
19 Tense.
20 "(3) A representative of the California Natural
21 Resources Agency.
22 "(4) A representative of each of San
23 Bernardino and Riverside Counties, California.
24 "(5) A representative of each of the cities of
25 Desert IIot Springs and Yucca Valley, California.
•S 2921 IS
52
1 "(6) A representative of the Morongo Band of
2 Mission Indians.
3 "(7) A representative of the Friends of Big
4 Morongo Preserve.
5 "(8) A representative of the Wildlands Conser-
6 vancy.
7 "(9) A representative of the Coachella Valley
8 Mountains Conservancy.
9 . "(10) A representative of the San Gorgonio
10 Wilderness Association.
11 "(11) A representative of the Morongo Basin
12 Community Services District.
13 "(12) A representative from each of the fol -
14 lowing recreational activities:
15 "(A) Off-highway vehicles.
16 "(B) Ilunting.
17 "(C) Rockhounding.
18 "(c) TERMS. -
19 "(1) IN GENERM,.—In appointing members
20 under paragraphs (1) through (12) of subsection
21 (b), the Secretary shall appoint 1 primary member
22 and 1 alternate member that meets the qualifica-
23 tions described in each of those paragraphs.
24 "(2) Viw�mwy.—
•S 2921 IS
53
1 "(A) PRIMARY MEMBER.—A vacancy on
2 the advisory committee Nvith respect to a pri-
3 mary member shall be filled by the applicable
4 alternate member.
5 "(B) ALTERNATE MEMBER.—The Sec -
6 rotary shall appoint a new alternate members in
7 the event of a vacancy with respect to an alter -
8 nate member of the advisory committee.
9 "(3) TERlIINATION.-
10 "(A) IN GENERAL.—The term of all mem-
11 bers of the advisory committee shall terminate
12 on the termination of the advisory committee
13 under subsection (g).
14 "(B) NEW ADVISORY COMMITTEE.—At the
15 discretion of the Secretary, the Secretary may
16 establish a neAA, advisory committee on the ter -
17 mination of the advisory committee under sub -
18 section (g) to provide ongoing recommendations
19 on the management of the Monument.
20 "(d) QUORUM.—A quorum of the advisory committee
21 shall consist of a majority of the primary members.
22 "(e) CH URPERSON AND PROCEDURES. -
23 "(1) IN GENERAL.—The advisory committee
24 shall select a chairperson and vice chairperson from
•S 2921 IS
54
1 among the primary members of the advisory com-
2 mittee.
3 "(2) DU'T`IES.—The chairperson and vice chair -
4 person selected under paragraph (1) shall establish
5 any rules and procedures for the advisory committee
6 that the chairperson and vice -chairperson determine
7 to be necessary or desirable.
8 "(f) SERVICE WPl`HOUT COMPENSATION.—Members
9 of the advisory committee shall serve without pay.
10 "(g) TERMINATION.—The advisory committee shall
11 cease to exist on -
12 "(1) the date on which the management plan is
13 officially adopted by the Secretary; or
14 "(2) at the discretion of the Secretary, a later
15 date established by the Secretary.
16 "TITLE XV -WILDERNESS
17 "SEC. 1501. DESIGNATION OF WILDERNESS AREAS.
18 "(a) DESIGNATION or, WILDERNEss AREAs To BE
19 ADMINISTERED BY THE BUREAU or LAND MANAGE -
20 MENT.—In accordance NvIth the Wilderness Act (1.6 U.S.C.
21 1131 et seq.) and sections 601 and 603 of the Federal
22 Land Policy and Management Act of 1976 (43 U.S.C.
23 1.781, 1782), the following land in the State is designated
24 as AvIlderness areas and as components of the National
25 Wilderness Preservation System:
•S 2921 IS
55
1 "(1) AVAWATZ MOUNTAINS NVILDERNESS.—Cer-
2 ta.in land in the Conservation Area administered by
3 the Director of the Bureau of Land Management,
4 comprising approximately 86,614 acres, as generally
5 depicted on the map entitled `AvaNvatz Mountains
6 Proposed Wilderness' and dated July 15, 2009, to
7 be kno«i1 as the `Avaivatz Mountains Wilderness'.
8 "(2) GOLDEN VALLEY WILDERNESS.—Certain
9 land in the Conservation Area administered by the
10 Director of the Bureau of Land Management, com-
11 prising approximately 21,633 acres, as generally de -
12 pieted on the map entitled `Golden Valley Proposed
13 Wilderness' and dated July 15, 2009, which shall be
14 considered to be part of the `Golden Valley Wilder -
15 ness'.
16 "(3) GREAT PALLS BASIN WILDERNESS. -
17 "(A) IN GENERAL.—Certain land in the
18 Conservation Area administered by the Director
19 of the Bureau of Land Management, coin -
20 prising approximately 7,871 acres, as generally
21 depicted on the map entitled `Great Falls Basin
22 Proposed Wilderness' and dated October 26,
23 2009, to be known as the `Great Falls Basin
24 Wilderness'.
•S 2921 IS
56
1 "(B) LrnI1ITATIONS.—Designation of. the
2 wilderness under subparagraph (A) shall not es -
3 tablish a Class I Airshed under the Clean Air
4 Act (42 U.S.C. 7401 et seq.).
5 "(4) KINGSTON RANGE NVILDERNESS.—Certain
6 land in the Conservation Area administered by the
7 Bureau of. Land Management, comprising approxi -
8 mately 53,321 acres, as generally depicted on the
9 map entitled `Kingston Range Proposed Wilderness
10 Additions' and dated July 15, 2009, which shall be
11 considered to be a part of as the `Kingston Range
12 Wilderness'.
13 "(5) SODA MOUNTAINS AVILDERNESS.—Certain
14 land in the Conservation Area, administered by the
15 Bureau of Land Management, comprising approxi -
16 mately 79,376 acres, as generally depicted on the
17 map entitled `Soda Mountains Proposed Wilderness'
18 and dated October 26, 2009, to be known as the
19 `Soda Mountains Wilderness'.
20 "(b) DESIGNATION OF WILDERNESS AREAS To BE
21 ADiMINISTERED 13Y THE NATIONAL PARI{ SERATICE.—In
22 accordance with the Wilderness Act (16 U.S.C. 1131 A
23 seq.) and sections 601 and 603 of the Federal Land Policy
24 and Management Act of 1976 (43 U.S.C. 1781, 1782),
25 the following land in the State is designated as 1,N7_11derness
•S 2921 IS
57'
1 areas and as components of the National Wilderness Pres -
2 ervation System:
3 "(1.) DEATH VALLEY NATIONAL PARK WILDER -
4 NESS ADDITIONS.—Certain land in the Conservation
5 Area administered by the Director of the National
6 Park Semi ice, comprising approximately 59,264
7 acres, as generally depicted on the map entitled
8 `Death Valley National Park Additions' and dated
9 October 1, 2009, which shall be considered to be a
10 part of the Death Valley National Park Wilderness.
11 44(2) BOWLING ALLEY WILDERNESS.—Certain .
12 land in the Conservation Area administered by the
13 Director of the Bureau of Land Management, com-
14 prising approximately 30,888 acres, as generally de -
15 picted on the map entitled `Death Valley National
16 Park Proposed Wilderness Area', numbered 143/
17 100080, and dated June 2009, which shall be con -
18 sidered to be a part of the Death Valley National
19 Park Wilderness.
20 "(c) DESIGNATION OF WILDERNESS AREA To BE
21 ADMINISTERED BY THE FOREST SERVICE. -
22 "(1) IN GENERAL.—In accordance with the Wil -
23
derness
Act
(16 U.S.C. 1131 et seq.) and sections
24
601 and
603
of the Federal Land Policy and Man -
25 agement Act of 1976 (43 U.S.C. 1781, 1782), the
•S 2921 IS
58
1 land in the State described in paragraph (2) is des -
2 ignated as a wilderness area and as a component of
3 the National Wilderness Preservation System.
4 "(2) DhJSCRIPTION OF LAND.—The land re -
5 ferred to in paragraph (1) is certain land in the San
6 Bernardino National Forest, comprising approxi -
7 mately 7,141 acres, as generally depicted on the
8 map entitled `Proposed Sand to Snow National
9 Monument' and dated October 26, 2009, which shall
10 considered to be a part of the San Gorgonio Wilder -
11 ness.
12 "SEC. 1502. MANAGEMENT.
13 "(a) ADJACENT MANAGEMENT. -
14 "(1) IN GENERAL.—Nothing in this title creates
15 any protective perimeter or buffer zone around the
16 Avilderness areas designated by section 1.501.
17 "(2) ACTIVITIES OUTSIDE WILDERNESS
18 AREAS. -
19 "(A) IN GENERAL.—The fact that an ac -
20 tivity (including military activities) or use on
21 land outside a wilderness area designated by
22 section 1501 can be seen or heard within the
23 wilderness area shall not preclude or restrict
24 the activity or use outside the boundary of the
25 wilderness area.
•S 2921 IS
59
1
"(B) EFFECT ON NO\MTILDERNESS ACTIVI-
2
TIES. -
3
"(i) IN GENERAL.—In any permitting
4
proceeding (including a review under the
5
National Environmental Policy Act of
6
1969 (42 U.S.C. 4321 et seq.)) conducted
7
with respect to a prgject described in
8
clause (ii) that is formally initiated
9
through a notice in the Federal Register
10
before December 31, 2013, the consider -
11
ation of any visual, noise, or other impacts
12
of the project on a «wilderness area des -
13
ignated by section 1501 shall be conducted
14
based on the status of the area before des -
15
ignation as ivilderness.
16
"(1i) DESCRIPTION OF PROJEC'T'S.—A
17
project referred to in clause (i) is a renew -
18
able energy project -
19
"(I) for which the Bureau of
20
Land Alanagement has received a
21
right-of-way use application on or be -
22
fore the date of enactment of this Act;
23
and
•S 2921 IS
60
1 "(II) that is located outside the
2 boundary of a wilderness area des -
3 ignated by section 1501.
4 "(3) NO ADDPl`IONAL REGULATION.—Nothing
5 in this title requires additional regulation of activi-
6 ties on land outside the boundary of the wilderness
7 areas.
8 "(4) EFFECT ON MILITARY OPERATIONS. -
9 Nothing in this Act alters any authority of the Sec -
10 retary of Defense to conduct any military operations
11 at desert installations, facilities, and ranges of the
12 State that are authorized under any other provision
13 of law.
14 "(b) 1ViA.Ps; LEGAL DESCRIPTIONS. -
15 "(1) IN GENERAL.—As soon as practicable
16 after the date of enactment of this title, the Sec -
17 retary shall file a map and legal description of each
18 wilderness area and Nvilderness addition designated
19 by section 1501 -%vith-
20 "(A) the Committee on Natural Resources
21 of the House of Representatives; and
22 "(B) the Committee on Energy and Nat -
23 ural Resources of the Senate.
24 "(2) FORCE OF LAW.—A map and legal de -
25 scription filed under paragraph (1) shall have the
•S 2921 IS
61
1 same force and effect as if included in this title, ex -
2 cept that the Secretary may correct errors in the
3 maps and legal descriptions.
4 "(3) PUBLIC AVAILABILITY.—Each map and
5 legal description filed under paragraph (1.) shall be
6 filed and made available for public inspection in the
7 appropriate office of the Secretary.
8 "(c) ADMINISTRATION.—Subject to valid existing
9 rights, the land designated as wilderness or as a wilder -
10 ness addition by section 1.501 shall be administered by the
11 Secretary in accordance with this Act and the Wilderness
12 Act (16 U.S.C. 1131 et seq. ), except that any reference
13 in that Act to the effective date shall be considered to be
14 a reference to the date of enactment of this title.
15 "SEC. 1503. RELEASE OF WILDERNESS STUDY AREAS.
16 "(a) FINDING.—Congress finds that, for purposes of
17 section 603 of the Federal Land Policy and Management
18 Act of. 1976 (43 U.S.C. 1782), any portion of a Ailderness
19 study area described in subsection (b) that is not des -
20 ignated as a wilderness area or wilderness addition by sec -
21 tion 1501 or any other Act enacted before the date of en -
22 actment of this title has been adequately studied for Wil -
23 derness.
24 "(b) DESCRIPTION OF STUDY AREAS.—The study
25 areas referred to in subsection (a) are—
•S 2921 IS
62
1 "(1) the Cady Mountains Wilderness Study
2 Area;
3 "(2) the Great Falls Basin Wilderness Study
4 Area; and
5 "(3) the Soda Mountains Wilderness Study
6 Area.
7 "(c) RELEASE. Any portion of a wilderness study
8 area described in subsection (b) that is not designated as
9 a wilderness area or wilderness addition by section 1501
10 is no longer subject to section 603(c) of the Federal Land
11 Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
12 "TITLE XVI -DESIGNATION OF
13 SPECIAL MANAGEMENT AREA
14 "SEC. 1601. DEFINITIONS.
15 "In this title:
16 "(1) MANAGEMENT AREA.—The term `Manage -
17 ment Area' means the Vinagre Wash Special Man -
18 agement Area.
19 "(2) MAI'.—The term `map' means the map en -
20 titled `Vinagre Wash Special Management Area -Pro -
21 posed' and dated November 10, 2009.
22 "(3) PUI3LIC LAND.—The term `public land'
23 has the meaning given the term `public lands' in sec -
24 tion 103 of the Federal Land Policy and Manage -
25 ment Act of 1976 (43 U.S.C. 1.702).
•S 2921 IS
63
1 "(4) SECRETARY.—The term `Secretary' means
2 the Secretary of the Interior.
3 "SEC. 1602. ESTABLISHMENT OF THE VINAGRE WASH SPE -
4 CIAL MANAGEMENT AREA.
5 "(a) ESTABLISHMENT.—There is established the
6 Vinagre Wash Special Management Area in the State, to
7 be managed by the El Centro Field Office and the Yuma
8 Field Office of the Bureau of Land Management.
9 "(b) PURPOSE.—The purpose of. the Management
10 Area is to conserve, protect, and enhance -
11 "(1) the plant and Wildlife values of the Man -
12 agement Area; and
13 "(2) the outstanding and nationally significant
14 ecological, geological, scenic, recreational, archae-
15 ological, cultural, historic, and other resources of the
16 Management Area.
17 "(c) BOUNDARIES.—The Management Area shall
18 consist of the public land in Imperial County, California,
19 comprising approximately 74,71.4 acres, as generally de -
20 picted on the map.
21 "(d) MELP; LEGAL DESCRIPTION.=
22 "(1.) IN GENERAL.—As soon as practicable, but
23 not later than 3 years, after the date of enactment
24 of this title, the Secretary shall submit a map and
25 legal description of the Management Area to—
•S 2921 IS
64
1 "(A) the Committee on Natural Resources
2 of the House of. Representatives; and
3 "(B) the Committee on Energy and Nat -
4 ural Resources of the Senate.
5 "(2) EFFECT.—The map and legal description
6 submitted under paragraph (1) shall have the same
7 force and effect as if included in this title, except
8 that the Secretary may correct any errors in the
9 map and legal description.
10 "(3) AVAILABILITY.—Copies of the map sub -
11 mitted under paragraph (1) shall be on file and
12 available for public inspection in -
13 "(A) the Office of the Director of the Bu -
14 reau of Land Management; and
15 "(B) the appropriate office of the Bureau
16 of Land Management in the State.
17 "SEC. 1603. MANAGEMENT.
18 "(a) IN GENERAL.—The Secretary shall allow hiking,
19 camping, hunting, and sightseeing and the use of motor -
20 ized vehicles, mountain bikes, and horses on designated
21 routes in the Management Area in a manner that -
22 "(1) is consistent with the purpose of the Man -
23 agement Area described in section 1602(b), -
24
602(b);
24 "(2) ensures public health and safety; and
25 "(3) is consistent with applicable law.
•S 2921 IS
I "(b) OFF-HIGI-BVAY VEHICLE USE.-
2 "(1) IN GENERAL.-Subject to paragraphs (2)
3 and (3) and all other applicable laws, the use of off-
4 highway vehicles shall be permitted on routes in the
5 Management Area generally depicted on the map.
6 "(2) CLOSURE.—The Secretary may tempo-
7 rarily close or permanently reroute a portion of a
8 route described in paragraph (1)-
9 "(A) to prevent, or allow for restoration of,
10 resource damage;
11 "(B) to protect tribal cultural resources,
12 including the resources identified in the tribal
13 cultural resources management plan developed
14 under section 1905(c);
15 "(C) to address public safety concerns; or
16 "(D) as otherwise required by law.
17 "(3) DESIGNATION OF ADDITIONAL ROUTES.-
18 During the 3–year period, beginning on the date of
19 enactment of this title, the Secretary-
20 "(A) shall accept petitions from the public
21 regarding additional routes for off-highway ve-
22 hicles; and
23 "(B) may designate additional routes that
24 the Secretary determines—
•S 2921 IS
es
1 "(i) would provide significant or
2 unique recreational opportunities; and
3 "(ii) are consistent AA7ith the purposes
4 of the Management Area.
5 "(c) WITHDRAwIVL.—Subject to valid existing rights,
6 all federal land within the Management Area is with -
7 draiN n from -
8 "(1) all forms of entry, appropriation, or dis-
9 posal under the public land laws;
10 "(2) location, entry, and patent under the min -
11 ing laws; and
12 "(3) right-of-way, leasing, or disposition under
13 all laws relating to -
14 "(A) minerals; or
15 "(B) solar, «rind, and geothermal energy.
16 "(d) NO BUFFERS.—The establishment of the Man -
17 agement Area shall not -
18 "(1) create a protective perimeter or buffer
19 zone around the Management Area; or
20 "(2) preclude uses or activities outside the
21 Management Area that are permitted under other
22 applicable laws, even if the uses or activities are pro -
23 hibited Avithin the Management Area..
24 "(e) NOTICE OF AvIVILIMLE RoUTEs.—The See -
25 rotary shall ensure that visitors to the Management Area
•S 2921 IS
67
1 have access to adequate notice relating to the availability
2 of designated routes in the Management Area through-
3 "(1.) the placement of appropriate signage along
4 the designated routes;
5 "(2) the distribution of maps, safety education
6 materials, and other information that the Secretary
7 determines to be appropriate; and
8 "(3) restoration of areas that are not des-
9 ignated as open routes, including vertical mulching.
10 "(f) STEWARDSHIP.—The Secretary, in consultation
11 with Indian tribes and other interests, shall develop a pro-
12 gram to provide opportunities for monitoring and steward-
13 ship of the Management Area to minimize environmental
14 impacts and prevent resource damage from recreational
15 use, including volunteer assistance with-
16 "(1_) route signage;
17 "(2) restoration of closed routes;
18 "(3) protection of Management Area resources;
19 and
20 "(4) recreation education.
21 "(g) PROTECTION OF TRIBAL CULTUR,IL RE-
22 SOURCES.—Not later than 2 years after the date of enact-
23 ment of this title, the Secretary, in accordance with the
24 National Historic Preservation Act (16 U.S.C. 470 et
25 seq.) and any other applicable law, shall—
•S 2921 IS
68
1 "(1) prepare and complete a tribal cultural re -
2 sources survey of the Management Area; and
3 "(2) consult with the Queehan Indian Nation
4 and other Indian tribes demonstrating ancestral, cul -
5 tural, or other ties to the resources within the Man -
6 agement Area on the development and implementa-
1 tion of the tribal cultural resources survey under
8 paragraph (1).
9 "SEC. 1604. POTENTIAL WILDERNESS.
10 "(a) PROTECTION OF WILDERNESS CHARACTER. -
11 "(1) IN GENERAL.—The Secretary shall man -
12 age the Federal land in the Management Area de -
13 scribed in paragraph (2) in a manner that preserves
14 the character of the land for the eventual inclusion
15 of the land in the National Wilderness Preservation
16 System -
17 "(2) DESCRIPTION OF LAND.—The Federal
18 land described in this paragraph is -
19 "(A) the approximately 9,160 acres of
20 land, as generally depicted on the map entitled
21 `Indian Pass Wilderness Additions -Proposed'
22 and dated November 10, 2009;
23 "(B) the approximately 17,436 acres of
24 land, as generally depicted on the map entitled
•S 2921 IS
1
`Milpitas Wash Wilderness Area -Proposed' and
2
dated November 10, 2009;
3
"(C) the approximately 13,647 acres of
4
land, as generally depicted on the map entitled
5
`Buzzard Peak Wilderness Area -Proposed' and
6
dated November 10, 2009; and
7
"(D) the approximately 8,090 acres of
8
land, as generally depicted on the map entitled
9
`Palo Verde Mountain Wilderness Additions -
10
Proposed' and dated November 10, 2009.
11
"(3) USE or LAND. -
12
"(A) MILITARY USES.—The Secretary
13
shall manage the Federal land in the Manage -
14
ment Area described in paragraph (2) in a
15
manner that is consistent with the Wilderness
16
Act (16 U.S.C. 1.131 et seq.), except that the
17
Secretary may authorize use of the land by the
18
Secretary of the Navy for Naval Special War -
19
fare Tactical Training, including long-range
20
small unit training and navigation, vehicle con -
21
cealment, and vehicle sustainment training, in
22
accordance with applicable Federal laws.
23
"(B) PROHIBITED USES.—The following
24
shall be prohibited on the Federal land de -
25
scribed in paragraph (2):
eS 2921 IS
70
1
"(i) Permanent roads.
2
"(ii) Commercial enterprises.
3
"(iii) Except as necessary to meet the
4
minimum requirements for the administra-
5
tion of the Federal land and to protect
6
public health and safety -
7
"(I) the use of mechanized vehi-
8
Iles; and
9
"(II) the establishment of tem -
10
porary roads.
11
"(4) WILDERNESS DESIGNATION. -
12
"(A) IN GENERAL.—The Federal land de -
13
scribed in paragraph (2) shall be designated as
14
wilderness and as a component of the National
15
Wilderness Preservation System on the date on
16
which the Secretary, in consultation with the
17
Secretary of Defense, publishes a notice in the
18
Federal Register that all activities on the Fed -
19
oral land that are incompatible with the Wilder -
20
ness Act (16 U.S.C. 1131 et seq.) have termi-
21
nated.
22
"(B) DESIGNATION.—On designation of
23
the Federal land under clause (i)-
24
"(i) the land described in paragraph
25
(2)(A) shall be incorporated in, and shall
•S 2921 IS
71
1 be considered to be a part of, the Indian
2 Pass Wilderness;
3 "(ii) the land described in paragraph
4 (2)(B) shall be designated as the `Milpitas
5 Wash Wilderness';
6 "(iii) the Iand described in paragraph
7 (2)(C) shall be designated as the `Buzzard
8 Peak Wilderness'; and
9
"(iv) the land described
in
paragraph
10
(2)(D) shall be incorporated
in,
and shall
11
be considered to be a part
of,
the Palo
12 Verde Mountains Wilderness.
13 "(b) ADMINISTRATION or WILDERNESS. -Subject to
14 valid existing rights, the land designated as wilderness or
15 as a wilderness addition by this title shall be administered
16 by the Secretary in accordance «lith this Act and the Wil -
17 derness Act (16 U.S.C. 1131 et seq.).
18 "TITLE XVII -NATIONAL PARK
19 SYSTEM ADDITIONS
20 "SEC. 1701. DEATH VALLEY NATIONAL PARK BOUNDARY RE -
21 VISION.
22 "(a) IN GENERAL.—The boundary of Death Valley
23 National Park is adjusted to include -
24 "(1) the approximately 33,041 acres of Bureau
25 of Land Management land abutting the southern
•S 2921 IS
72
1 end of. the Death Valley National Park that lies be -
2 tween Death Valley National Park to the north and
3 Ft. Irwin Military Reservation to the south and
4 which runs approximately 34 miles from west to
5 east, as depicted on the map entitled `Death Valley
6 National Park Proposed Boundary Addition', num-
7 bered 143/100,080, and dated June 2009;
8 "(2) the approximately 6,379 acres of Bureau
9 of Land Management land in Inyo County, Cali -
10 fornix, located in the northeast area of Death Valley
11 .
National Park
that is within,
and
surrounded
by,
12
land under the
jurisdiction of
the
Director of.
the
13 National Park Service, as depicted on the map enti-
14 tled `Proposed Crater Mine Area Addition to Death
15 Valley National Park', numbered 143/100,079, and
16 dated June 2009; and
17 "(3) (A) on transfer of title to the private land
18 to the National Park Service, the approximately 280
19 acres of private land in Inyo County, California, lo -
20 cated adjacent to the southeastern boundary of
21 Death Valley National Park, as depicted on the map
22 entitled `Proposed Ryan Camp Addition to Death
23 Valley National Park', numbered 143/100,097, and
24 dated June 2009; and
•S 2921 IS
73
1 "(B) the approximately 1,040 acres of Bureau
2 of Land Management land contiguous to the private
3 land described in subparagraph (A), as depicted on
4 the map entitled `Proposed , Ryan Camp Addition to
5 Death Valley National Park', numbered 143/
6 100,097, and dated June 2009.
7 "(b) AVAILABILITY or MAP.—The maps described in
8 paragraphs (1), (2), and (3) of subsection (a) shall be on
9 file and available for public inspection in the appropriate
10 offices of the National Park Service.
11 "(e) ADMTNISTIATION.—The Secretary of the Inte-
12 rior (referred to in this section as the `Secretary') shall -
13 "(1) administer any land added to Death Valley
14 National Park under subsection (a)-
15 "(A) as part of Death Valley National
16 Park; and
17 "(B) in accordance frith applicable laws
18 (including regulations); and
19 "(2) not later than 180 days after the date of
20 enactment of this title, develop a memorandum of
21 understanding with Inyo County, California, permit -
22 ting ongoing access and use to existing gravel pits
23 along Saline Valley Road -rithin Death Valley Na -
24 tional Park for road maintenance and repairs in ac -
•S 2921 IS
74
1 cordance with applicable laws (including regula-
2 tions).
3 "SEC. 1702. MOJAVE NATIONAL PRESERVE.
4 "(a) IST GENERAL.—The boundary of the Mojave Na-
5 tional Preserve is adjusted to include-
6 "(1) the 29,221 acres of Bureau of Land Man-
z agement land that is surrounded by the Mojave Na-
b tional Preserve to the northwest, west, southwest,
9 south, and southeast and by the Nevada State line
10 on the northeast boundary, as depicted on the map
11 entitled `Proposed Castle Mountain Addition to the
12 Mojave National Preserve', numbered 170/100,075,
13 and dated August 2009; and
14 "(2) the 25 acres of Bureau of. Land Manage-
15 ment land in Baker, California, as depicted on the
16 map entitled `Mojave National Preserve–Proposed
17 Boundary Addition', numbered 170/100,199, and
18 dated August 2009.
19 "(b) Av.,uLABILITY Or Mss.—The maps described
20 in subsection (a) shall be on file and available for public
21 inspection in the appropriate offices of the National Park
22 Service.
23 "(c) ADMINISTRATION.—The Secretary shall admin-
24 ister any land added to Mojave National Preserve under
25 subsection (a)—
•S 2921 IS
75
1 "(1) as part of the Mojave National Preserve;
2 and
3 "(2) in accordance Nvith applicable la«vs (includ-
4 ing regulations).
5 "SEC. 1703. JOSHUA TREE NATIONAL PARK BOUNDARY RE -
6 VISION.
7 "(a) IN GENERAL.—The boundary of the Joshua
8 Tree National Park is adjusted to include the 2,879 acres
9 of land managed by Director of the Bureau of Land Man -
10 agement that are contiguous at several different places to
11 the northern boundaries of Joshua Tree National Park in
12 the northwest section of the Park, as depicted on the map
13 entitled `Joshua Tree National Park Proposed Boundary
14 Additions', numbered 156/100,007, and dated June 2009.
15 "(b) AvIULABILITY Or MAI'.—The map described in
16 subsection (a) and the map depicting the 25 acres de -
17 scribed in subsection (c)(2) shall be on file and available
18 for public inspection in the appropriate offices of the Na -
19 tional Park Service.
20 "(c) ADMINISTRATION. -
21 "(1) IN GENERAL.—The Secretary shall admin -
22 ister any land added to the Joshua Tree National
23 Park under subsection (a) and the additional land
24 described in paragraph (2)—
•S 2921 IS
76
1 "(A) as part of Joshua Tree National
2 Park; and
3 "(B) in accordance with applicable laws
4 (including regulations).
5 "(2) DESCRIPTION of ADDITIONAL LANTD.—The
6 additional land referred to in paragraph (1) is the
7 25 acres of la.nd-
8 "(A) depicted on the reap entitled `Joshua
9 Tree National Park Boundary Adjustment
10 Map', numbered 156/80,049, and dated April 1,
11 2003;
12 "(B) added to Joshua Tree National Park
13 by the notice of the Department Interior of Au -
14 gust 28, 2003 (68 Fed. Reg. 51799); and
15 "(C) more particularly described as lots
16 261 27, 287 33, and 34 in sec. 34, T. 1 N., R.
17 8 E., San Bernardino Meridian.
18 "SEC. 1704. AUTHORIZATION OF APPROPRIATIONS.
19 "There are authorized to be appropriated such sums
20 as are necessary to carry out this title.
•S 2921 IS
77
1 "TITLE XVIII -OFF-HIGHWAY
2 VEHICLE RECREATION AREAS
3 "SEC. 1801. DESIGNATION OF OFF-HIGHWAY VEHICLE
4 RECREATION AREAS.
5 "(a) DESIGNATION.—In accordance with the Federal
6 Land Policy and Management Act of 1976 (43 U.S.C.
7 1701 et seq.) and. resource management plans developed
8 under this title and subject to valid existing rights, the
9 following land i6thin the Conservation Area in San
10 Bernardino County, California, is designated as Off -High -
11 way Vehicle Recreation Areas:
12 "(1) EL MIRAGE OFF-HIGHWAY VEHICLE
13 RECREATION AREA.—Certain Bureau of Land Man -
14 agement land in the Conservation Area, comprising
15 approximately 25,600 acres, as generally depicted on
16 the map entitled `E1 Mirage Off -Highway Vehicle
17 Recreation Area' and dated July 15, 2009, which
18 shall be known as the `E1 Mirage Off -Highway Vehi-
19 cle Recreation Area'.
20 "(2) JOHNSON VALLEY OFF-HIGHWAY VEHICLE
21 RECREATION AREA. -
22 "(A) IN GENEIUL.—Certain Bureau of
23 Land Management land in the Conservation
24 Area, comprising approximately 180,000 acres,
25 as generally depicted on the map entitled `John -
•S 2921 IS
r:
1
son Valley Off -Highway Vehicle Recreation
2
Area.' and dated July 15, 2009, which shall be
3
kno«rn as the `Johnson Valley Off -Highway Ve-
4
hicle Recreation Ar•ea'.
5
"(B) EXCLUSIONS. -
6
"(i) IN GENEMkL.-Subject to clause
7
(iii), the land described in clause (ii) shall
8
be excluded from the Johnson Valley Off -
9
Highway Vehicle Recreation Area to per -
10
mit the Secretary of the Navy to study the
11
land for -
12
"(I) withdrawal in accordance
13
with the Act of February 28, 1958
14
(43 U.S.C. 155 et sect.); and
15
"(II) potential inclusion in the
16
Marine Corps lir Ground Combat
17
Center at Twentynine Palms, Cali -
18
fornia, for• national defense purposes.
19
"(ii) STUDY AREA.—The land referred
20
to in clause (i) is the land that -
21
"(I) is described in -
22
"(aa) the notice of the Bu -
23
reau of Land Management of
24
September 15, 2008 entitled `No -
25
tice of Proposed Legislative
•S 2921 IS
NE
1
Withdrawal and Opportunity for
2
Public Meeting; California' (73
3
Fed. Reg. 53269); or
4
"(bb) any subsequent notice
5
in the Federal Register that is
6
related to the notice described in
7
item (aa); and
8
"(II) has been segregated by the
9
Director of the Bureau of Land Man -
10
agement.
11
"(iii) INCORPORATION IN OFF -HIGH -
12
�VAY VEIIICLE RECREATION AREA.—After
13
action by the Secretary of Defense and
14
Congress regarding the withdrawal under
15
subparagraph (A), any land within the
16
study area that is not withdrawn shall be
17
incorporated into the Johnson Valley Off -
18
Highway Vehicle Recreation Area.
19
"(C) JOINT USE OF CERTAIN LAND.—The
20
Secretary of Defense shall consider a potential
21
joint use area within the Johnson Valley Off -
22
Highway Vehicle Recreation Area as part of the
23
environmental impact statement of the Depart -
24
ment of. Defense that would allow for continued
•S 2921 IS
�Y1;
1 recreational opportunities on the joint use area
2 during periods in wThich-
3 "(i) the joint use area is not needed
4 for military training activities; and
5 "(ii) public safety can be ensured.
6 "(D) MILITARY ACCESS FOR ADMINISTRA-
7 TBTE PURPOSES.—In cooperation with the Sec -
8 rotary of the Interior, the Secretary of the Navy
9 may, after notifying the Secretary of the Inte-
10 rior, access the Johnson Valley Off -Highway
11 Vehicle Recreation Area for national defense
12 purposes supporting military training (including
13 military range management and exercise control
14 activities).
15 "(3) RASOR OFF-HIGHIVVAY VEHICLE RECRE-
16 ATION AREA.—Certain Bureau of Land Management
17 land in the Conservation Area, comprising approxi -
18 mately 22,400 acres, as generally depicted on the
19 map entitled `Rasor Off -Highway Vehicle Recreation
20 Area' and dated July 15, 2009, which shall be
21 known as the `Rasor Off. -Highway Vehicle Recre-
22 ation Area'.
23 "(4) SPATNGLER HILLS OFF -HIGH VAY VEIIICLE
24 RECREATION AREA.—Certain Bureau of Land Man -
25 agement land in the Conservation Area, comprising
•S 2921 IS
81
1 approximately 62,080 acres, as generally depicted on
2 the map entitled `Spangler Hills Off -Highway Vehi-
3 cle Recreation Area' and dated July 15, 2009, which
4 shall be knoivn as the `Spangler Off -Highway Vehi-
5 cle Recreation Area'.
6 "(5) STODDARD VALLEY OFF-HIGHWAY VEHI-
7 CLE RECREATION AREA.—Certain Bureau of Land
8 Management land in the Conservation Area, com-
9 prising approximately 54,400 acres, as generally de -
10 picted on the map entitled `Stoddard Valley Off -
11 Highway Vehicle Recreation Area' and dated July
12 15, 20097 which shall be knoivi1 as the `Stoddard
13 Valley Off -Highway Vehicle Recreation Area'.
14 "(b) PURPOSE.—The purpose of the off-highway ve-
15 hicle recreation areas designated under subsection (a) is
16 to preserve and enhance the recreational opportunities
17 iwithin the Conservation Area (including opportunities for
18 off-highway vehicle recreation), while conserving the wild -
19 life and other natural resource values of the Conservation
20 Area.
21 "(c) MAPS AND DESCRIPTIONS. -
22 "(1.) PREPARATION AND SUBMISSION.—As soon
23 as practicable after the date of enactment of this
24 title, the Secretary shall file a map and legal de -
•S 2921 IS
82
1 scription of each off-highway vehicle recreation area
2 designated by subsection (a) with -
3 "(A) the Committee on Natural Resources
4 of. the House of. Representatives; and
5 "(B) the Committee on Energy and Nat -
6 ural Resources of the Senate.
7 "(2) LEGAL EFFECT.—The map and legal de -
8 scriptions of the off-highway vehicle recreation areas
9 filed under paragraph (1) shall have the same force
10 and effect as if included in this title, except that the
11 Secretary may correct errors in the map and legal
12 descriptions.
13 "(3) PUBLIC AVAILABILITY.—Each map and
14 legal description filed under paragraph (1) shall be
15 filed and made available for public inspection in the
16 appropriate offices of the Bureau of Land Manage -
17 ment.
18 "(d) UsE OF TIIE LAND. -
19 "(1) RECREATIONAL ACTIVITIES. -
20 "(A) IN GENERAL.—The Secretary shall
21 continue to authorize, maintain, and enhance
22 the recreational uses of the off-highway vehicle
23 recreation areas designated by subsection (a),
24 including off-highway recreation, hiking, camp -
25 ing, hunting, mountain biking, sightseeing,
•S 2921 IS
�OQK
1 rockhounding, and horseback riding, as long as
2 the recreational use is consistent with this sec -
3 tion and any other applicable law.
4 "(B) OFF-HIGI\VAY NTEHICLE AND OFF -
5 HIGH AVAY RECREATION.—To the extent con -
6 sistent with applicable Federal law (including
7 regulations) and this section, any authorized
8 recreation activities and use designations in ef-
9 feet on the date of enactment of this title and
10 applicable to the off-highway vehicle recreation
11 areas designated by subsection (a) shall con -
12 tinue, including casual off-highway vehicular
13 use, racing, competitive events, rock crawling,
14 training, and other forms of off-highway reere-
15 ation.
16 "(2) WILDLIFE GUZZLERS.—Wildlife guzzlers
17 shall be allowed in the off-highway vehicle recreation
18 areas designated by subsection (a) in accordance
19 tivith applicable Bureau of Land Management guide -
20 lines.
21 "(3) PROHIBITED USES.—Residential and com-
22 mercial development (including development of min -
23 ing and energy facilities, but excluding transmission
24 line rights-of-way and related telecommunication fa -
25 cilities) shall be prohibited in the off-highway vehicle
•S 2921 IS
I recreation areas designated by subsection (a) if the
2 Secretary determines that the development is incom-
3 patible with the purpose described in subsection (b).
4 "(e) ADMINISTRATION. -
5 "(1) IN GENEREU,.—The Secretary shall admin -
6 ister the off-highway vehicle recreation areas des -
7 ignated by subsection (a) in accordance ivith-
8 "(A) this title;
9 "(B) the Federal Land Policy and Man -
10 agement Act of 1976. (43 U.S.C. 1701 et seq.);
11 and
12 "(C) any other applicable laws (including
13 regulations).
14 "(2) MANAGEMENT PLA_N.-
15 "(A) IN GENERAL.—As soon as prac-
16 ticable, but not later than 3 years after the date
17 of enactment of this title, the Secretary shall -
18 "(i) amend existing resource manage -
19 ment plans applicable to the land des -
20 ignated as off-highway vehicle recreation
21 areas Linder subsection (a); or
22 "(ii) develop new management plans
23 for each off-highway vehicle recreation
24 area designated under that subsection.
•S 2921 IS
85
1 "(B) REQUIREMENTS.—All ne`v or amend -
2 ed plans under subparagraph (A) shall be de -
3 signed to preserve and enhance safe off-highway
4 vehicle and other recreational opportunities
5 within the applicable recreation area consistent
6 with -
7 "(i) the purpose described in sub -
8 section (b); and
9 "(ii) any applicable laws (including
10 regulations) .
11 "(C) INTERIM PLANTS.—Pending comple-
12 tion of a new management plan under subpara-
13 graph (A), the existing resource management
14 plans shall govern the use of the applicable off -
15 highway vehicle recreation area.
16 "(f) STUDY. -
17 "(1) IN GENERAL.—As soon as practicable, but
18 not later than 2 years, after the date of enactment
19 of this title, the Secretary shall complete a study to
20 identify Bureau of Land Management land adjacent
21 to the off. -highway vehicle recreation areas des -
22 ignated by subsection (a) that is suitable for addi-
23 tion to the off-highway vehicle recreation areas.
24 "(2) REQUIREMENTS.—In preparing the study
25 under paragraph (1), the Secretary shall—
•S 2921 IS
86
1
"(A) seek input from stakeholders, inelud-
2
ing-
3
"(i) the State;
4
"(ii) San Bernardino County, Cali -
5
fornia;
6
"(iii) the public;
7
"(iv) recreational user groups; and
8
"(v) conservation organizations;
9
"(B) explore the feasibility of expanding
10
the southern boundary of the off-highway vehi-
11
cle recreation area described in subsection
12
(a)(4) to include previously disturbed land;
13
"(C) identify and exclude from consider -
14
ation any land that -
15
"(i) is managed for conservation pur-
16
poses;
17
"(ii) may be suitable for renewable en -
18
ergy development; or
19
"(iii) may be necessary for energy
20
transmission; and
21
"(D) not recommend or approve expansion
22
areas that collectively would exceed the total
23
acres administratively designated for off -high -
24
way recreation within the Conservation Area as
25
of the date of enactment of this title.
•S 2921 IS
1 "(3) APPLICABLE LAW.—The Secretary shall
2 consider the information and recommendations of
3 the study completed under paragraph (1) to deter -
4 mine the impacts of expanding off. -highway vehicle
5 recreation areas designated by subsection (a) on the
6 Conservation Area, in accordance Nvith-
7 "(A) the National Environmental Policy
8 Act of 1969 (42 U.S.C. 4321 et seq.);
9 "(B) the Endangered Species Act of 1973
10 (1.6 U.S.C. 1531 et seq.); and
11 "(C) any other applicable law.
12 "(4) SUBMISSION TO CONGRESS.—On comple-
13 tion of the study under paragraph (1), the Secretary
14 shall submit the study to -
15 "(A) the Committee on Natural Resources
16 of the House of Representatives; and
17 "(B) the Committee on Energy and Nat -
18 ural Resources of the Senate.
19 "(5) AUTHORIZATION FOR EXPANSION. -
20 "(A) IN GENERAL.—On completion of the
21 study under paragraph (1) and in accordance
22 with all applicable laws (including regulations),
23 the Secretary shall authorize the expansion of.
24 the off-highway vehicle recreation areas ree-
25 ommended under the study.
aS 2921 IS
88
1 "(B) MAINTAGEMENT.—Any land within the
2 expanded areas under subparagraph (A) shall
3 be managed in accordance with this section.
4 "TITLE XIX -MISCELLANEOUS
S "SEC. 1901. STATE LAND TRANSFERS AND EXCHANGES.
6 "(a) TRANSFER OF LAND To ANZA-BORREGO
7 DESERT STA'L'E PARK. -
8 "(1) Iv GENERAL.—On termination of all min -
9 ing claims to the land described in paragraph (2),
10 the . Secretary shall transfer the land described in
11 that paragraph to the State.
12 "(2) DESCRIPTION OF LAND.—The land re -
13 (erred to in paragraph (1) is certain Bureau of Land
14 Management land in San Diego County, California,
15 comprising approximately 934 acres, as generally de -
16 pleted on the 2 maps entitled `Anna -Borrego Desert
17 State Park Additions -Table Mountain Wilderness
18 Study Area' and dated July 15, 2009.
19 "(3) M21,NAGEMENT.-
20 "(A) IN GENERAL.—The land transferred
21 under paragraph (1) shall be managed in ac -
22 cordance with the provisions of the California
23 Wilderness Act (California Public Resources
24 Code sections 5093.30-5093.40).
•S 2921 IS
1 "(B) WITHDRANVAL.—Subject to valid ex -
2 isting rights, the land transferred under para -
3 graph (1) is withdrawn from -
4 "(i) all forms of entry, appropriation,
5 or disposal under the public land laws;
6 "(ii) location, entry, and patent under
7 the mining laws; and
8 "(iii) disposition under all laws relat-
9 ing to mineral and geothermal leasing.
10 "(C) RMTRSION.—If the State ceases to
11 manage the land transferred under paragraph
12 (1) as part of the State Park System or in a
13 manner inconsistent with the California, Wilder -
14 ness Act (California Public Resources Code sec -
15 tions 5093.30-5093.40), the land shall revert to
16 the Secretary, to be managed as a Wilderness
17 Study Area.
18 "(b) LAND EXCHANGES. -
19 "(1) IN GENERAL.—The Secretary shall, in con -
20 sultation and cooperation Avith the California State
21 Lands Commission (referred to in this section as the
22 `Commission'), develop a process to exchange iso -
23 lated parcels of State land within the Conservation
24 Area for Federal land located in the Conservation
25 Area or other Federal land in the State that—
•S 2921 IS
M
1 "(A) is consistent with the plans described
2 in paragraph (2); and
3 "(B) ensures that the conservation goals
4 and objectives identified in those plans are not
5 adversely impacted.
6 "(2) DESCRIPTION or PCNs.—The plans re -
1 ferred to in paragraph (1) are -
8 "(A) the California Desert Renewable En -
9 orgy Conservation Plan;
10 "(B) the California Desert Conservation
11 Area Plan;
12 "(C) the Northern and Eastern Colorado
13 Desert Plan; and
14 "(D) any other applicable plans.
15 "(3) REQUIRE,MENTs.—The process developed
16 under paragraph (1) shall -
17 "(A) apply to all State land within the
18 Conservation Area that is under the ,jurisdiction
19 of the Commission;
20 "(B) prioritize the elimination of. State
21 land from units of the National Park System,
22 national monuments, and wilderness areas;
23 "(C) provide the Commission with consoli-
24 dated land holdings sufficient to make the land
25 viable for commercial or recreation uses, includ-
•S 2921 IS
91
1
ing renewable energy development, off. -highway
2
vehicle recreation, or State infrastructure or re -
3
source needs;
4
"(D) establish methods to ensure that -
5
"(i) not later than 1 year after the
6
date of enactment of this title, the Sec -
7
retary and the Commission complete an in -
8
ventory of Federal land and State land in
9
the Conservation Area under the jurisdic-
10
tion of the Secretary and the Commission,
11
respectively, and any other Federal land
12
and property outside the Conservation
13
Area that is determined to be suitable for
14
exchange consistent with paragraph (I),-
1);15
15
"(ii) there is a public comment period
16
of not less than 90 days with respect to -
17
"(I) the inventory of land under
18
clause (i); and
19
"(II) any proposed land exchange
20
under this section that involves more
21
than 5,000 acres of Federal land;
22
"(iii) in preparing the inventory of
23
Federal land suitable for exchange under
24
clause (i), the Secretary shall use best ef-
25
forts to give priority to—
•S 2921 IS
M
1
"(I) land that has the potential
2
for commercial development, including
3
renewable energy development, such
4
as wind and solar energy development;
5
"(II) the land described in sec -
6
tion 707(b)(2); and
7
"(III) land located outside the
8
boundaries of the Conservation Area
9
(including closed military base land
10
and land identified as surplus by the
11
Administrator of the General Services
12
Administration) to avoid, to the max -
13
imum extent feasible, conflicts with
14
conservation of desert land;
15
"(iv) the inventory under clause (i) is
16
updated annually by the Secretary and re -
17
submitted to the Commission; and
18
"(v) the land exchanges are completed
19
by the date that is 10 years after the date
20
of enactment of this title; and
21
"(E) provide for the submission of annual
22
reports to Congress that -
23
"(i) describe any progress or impedi-
24
ments to accomplishing the goal described
25
in subparagraph (D)(v); and
•S 2921 IS
93
1 "(ii) any recommendations for legisla-
2 tion to accomplish the goal.
3 "(4) VALUATION.—Notwithstanding paragraphs
4 (2) through (5) of subsection (d) of section 206 of
5 the Federal Land Policy and Management Act of
6 1976 (43 U.S.C. 1716(d)), if, within 180 days after
7 the submission of an appraisal under subsection
8 (d) (1) of that section, the Secretary and the Com -
9 mission cannot agree to accept the findings of the
10 appraisal -
11 "(A) the Secretary and the Commission
12 shall mutually agree to employ a process of bar -
13 gaining or some other process to determine the
14 values of the land involved in the exchange;
15 "(B) the appraisal shall be submitted to an
16 arbiter appointed by the Secretary from a list
17 of arbitrators submitted to the Secretary by the
18 American Arbitration Association for arbitra-
19 tion; and
20 "(C) although the decision of the arbiter
21 under subparagraph (B) shall be nonbinding,
22 the decision may be used by the Secretary and
23 the Commission as a valid appraisal for -
24 "(i) a. period of 2 years; and
•S 2921 IS
94
1 "(ii) on mutual agreement of the Sec -
2 retary and the Commission, an additional
3 2 -year period; or
4 "(D) on mutual agreement of the See -
5 retary and the Commission, the valuation proc-
6 ess shall be suspended or modified.
7 "(5) TREATMENT OF LAND USE RESTRICTIONS
8 AND PENDING APPLICATIONS.—For the purposes of
9 this title -
10 "(A) the Secretary shall not exclude par -
11 cels from exchanges because the parcels are
12 subject to designations or pending land use ap-
13 plications, including applications for the devel-
14 opment of renewable energy;
15 "(B) all Federal land and State land pro -
16 posed for exchange or sale shall be valued -
17 "(i) according to fair market value;
18 "(ii) in accordance with section
19 206(d) of the Federal Land Policy and
20 Management Act of 1976 (43 U.S.C.
21 1716(d)); and
22 "(iii) without regard to -
23 "(I) pending land use applica-
24 tions;
•S 2921 IS
IN
1 "(II) rene,,vable energy designa-
2 tions; or
3 "(III) any land use restrictions
4 on adjacent land.
5 "(6) COOPERATION AGREEMENTS.—The See -
6 retary may -
7 "(A) enter into such joint agreements with
8 the General Services Administration and the
9 Commission as the Secretary determines to be
10 necessary to facilitate land exchanges, including
11 agreements that establish accounting mecha-
12 nisms-
13 "(i) to be used for tracking the dif-
14 ferential in dollar value of land conveyed in
15 a series of transactions; and
16 "(ii) that, notivithstanding part 2200
17 of title 43, Code of Federal Regulations (or
18 successor regulations), may carry out -
19 standing cumulative credit balances until
20 the completion of the land exchange proe-
21 ess developed under paragraph (1); and
22 "(B) to the extent that the agreement does
23 not conflict with this section, continue using the
24 agreement entitled `Memorandum of Agreement
25 BetAveen California State Lands Commission,
•S 2921 IS
96
1 General Services Administration, and the De -
2 partment of the Interior Regarding: Implemen-
3 tation of the California Desert Protection Act',
4 which became effective on November 7, 1995.
5 "(7) EZiSTING LAw.—Except as otherwise pro -
6 Aded in this section, nothing in this section super -
7 sede or limits section 707.
8 "(g) STATE LAND LEASES. -
9 "(A) IN GENERAL.—The Secretary shall
10 manage any State land described in subpara-
11 graph (B) in accordance with the terms and
12 conditions of the applicable State lease agree -
13 ment for the duration of the lease, subject to
14 applicable laws (including regulations).
15 "(B) DESCRIPTION OF STATE LAND.—The
16 State land referred to in subparagraph (A) is
17 any State land within the Conservation Area
18 that is subject to a lease or permit on the date
19 of enactment of this title that is transferred to
20 the Federal Government.
21 "(C) EXPIRATION OP LEASE.—On the ex -
22 piration of a State lease referred to in subpara-
23 graph (A), the Secretary shall provide lessees
24 with the opportunity to seek Federal permits to
25 continue the existing use of the State land with -
•S 2921 IS
97
1 out further action otherwise required under the
2 National Environmental Policy Act of 1969 (42
3 U.S.C. 4321 et seq.).
4 "(D) APPLICABLE LAW.—Except as other -
5 wise provided in this section, any State land
6 transferred to the United States under this see -
7 tion shall be managed in accordance Nvith all
8 laws (including regulations) and rules applicable
9 to the public land adjacent to the transferred
10 State land.
11 "(c) TVENTYNINE PALMS MARINE CORP BASE. -
12 "(1) IN GENERAL.—The Secretary and the Sec -
13 rotary of Defense, in consultation and in cooperation
14 with the California State Lands Commission, shall
15 develop a process to purchase or exchange parcels of
16 State land within the area of expansion and land use
17 restrictions planned for the Twentymne Palms Ma -
18 rine Corp Base.
19 "(2) REQUIREMENTS.—The process developed
20 under paragraph (1) for exchanged parcels of. State
21 land shall provide the California State Lands Com -
22 mission with consolidated land holdings sufficient to
23 make the land viable for commercial or recreational
24 uses, including renewable energy development, off -
•S 2921 IS
I highway vehicle recreation, or State infrastructure
2 or resource needs.
3 "(3) APPLICABLE LIWV.—An exchange of. land
4 under this subsection shall be subject to the require -
5 ments of subsection (b).
6 "(d) HOLTVILLE AIRPORT, IMPERIAL COUNTY. -
7 "(1) IN GENERAL.—On the submission of an
8 application by Imperial County, California, the Sec -
9 rotary of Transportation shall, in accordance with
10 section 47125 of title 49, United States Code, and
11 section 2641.1 of title 43, Code of Federal Regula -
12 tions (or successor regulations) seek a conveyance
13 from the Secretary of approximately 3,500 acres of
14 Bureau of Land Management land adjacent to the
15 Imperial County Holtville Airport (L04) for the pur-
16 poses of airport expansion.
17 "(2) SEGREGATION.—The Secretary (acting
18 through the Director of the Bureau of Land Man -
19 agement) shall, with respect to the land to be con -
20 veyed under paragraph (1)-
21 "(A) segregate the land; and
22 "(B) prohibit the appropriation of the land
23 until -
24 "(i) the date on which a notice of re -
25 alty action terminates the application; or
•S 2921 IS
99
1 "(ii) the date on which a document of
2 conveyance is published.
3 "(e) NEEDLES SOLAR RESERVE, SAN BERNARDINO
4 COUNTY. -
5 "(1) IN GENERAL.—The Secretary shall grant
6 to the Commission a right of first refusal to ex -
7 change the State land described in paragraph (2) for
8 Bureau of Land Management land identified for dis-
9 posal.
10 "(2) SECONDARY RIGHT OF REFUSAL.—If the
11 Commission declines to exchange State land for Bu -
12 reau of Land Management land identified for dis-
13 posal within the city limits of Needles, California,
14 the City of. Needles shall have a secondary right of
15 refusal to acquire the land.
16 "SEC. 1902. MILITARY ACTIVITIES.
17 "Nothing in this Act -
18 "(1) restricts or precludes Department of De -
19 fense motorized access by land or air -
20 "(A) to respond to an emergency within a
21 wilderness area designated by this Act; or
22 "(B) to control access to the emergency
23 site;
•S 2921 IS
100
1 "(2) prevents nonmechanized military training
2 activities previously conducted on wilderness areas
3 designated by this title that are consistent with -
4 "(A) the Wilderness Act (16 U.S.C. 1131
5 et seq.) - and
6 "(B) all applicable laws (including regula-
7 tions);
8 "(3) restricts or precludes low-level overflights
9 of military aircraft over the areas designated as wil-
10 derness, national monuments, special management
11 areas, or recreation areas by this Act, including mili-
12 tary overflights that can be seen or heard within the
13 designated areas;
14 "(4) restricts or precludes flight testing and
15 evaluation in the areas described in paragraph (3);
16 or•
17 "(5) restricts or precludes the designation or
18 creation of new units of special use airspace, or the
19 establishment of military flight training routes, over
20 the areas described in paragraph (3).
21 "SEC. 1903. CLIMATE CHANGE AND WILDLIFE CORRIDORS.
22 "(a) IST GENERXL.—The Secretary shall -
23 "(1) assess the impacts of climate change on
24 the Conservation Area; and
•S 2921 IS
101
1 "(2) establish policies and procedures to ensure
2 the preservation of Adlife corridors and facilitate
3 species migration likely to occur due to climate
4 change.
5 "(b) STUDY. -
6 "(1) IN GENERAL.—As soon as practicable, but
7 not later than 2 years, after the date of enactment
8 of this title, the Secretary shall complete a study re -
9 garding the impact of global climate change on the
10 Conservation Area.
11 "(2) COMPONENTS.—The study under para -
12 graph (1) shall -
13 "(A) identify the species migrating, or like -
14 ly to migrate, due to climate change;
15 "(B) examine the impacts and potential
16 impacts of climate change on -
17 "(i) plants, insects, and animals;
18 "(ii) soil;
19 "(iii) air quality;
20 "(iv) water quality and quantity; and
21 "(v) species migration and survival;
22 "(C) identify critical wildlife and species
23 migration corridors recommended for preserva-
24 tion; and
•S 2921 IS
102
1 "(D) include recommendations for ensur-
2 ing the biological connectivity of public land
3 managed by the Secretary and the Secretary of
4 Defense throughout the Conservation Area.
5 "(3) RIGHTS-OF-WAY.—The Secretary shall
6 consider the information and recommendations of
7 the study under paragraph (1) to determine the in -
8 dividual and cumulative impacts of rights-of-way for
9 prgjects in the Conservation Area, in accordance
10 with -
11 "(A) the National Environmental Policy
12 Act of 1969 (42 U.S.C. 4321 et seq.);
13 "(B) the Endangered Species Act of. 1973
14 (16 U.S.C. 1531 et seq.); and
15 "(C) any other applicable laity,.
16 "(c) LAND MANAGEMENT PLANS.—The Secretary
17 shall incorporate into all land management plans applica-
18 ble to the Conservation Area the findings and rec-
19 ommendations of the study completed under subsection
20 (b).
21 "SEC. 1904. PROHIBITED USES OF DONATED AND AC -
22 QUIRED LAND.
23 "(a) DEFINITIONS.—In this section:
24 "(1) ACQUIRED LAND.—The term `acquired
25 land' means any land acquired for the Conservation
•S 2921 IS
103
1 Area using amounts from the Land and Water Con -
2 servation Fund established under section 2 of. the
3 Land and Water Conservation Fund Act of 1965
4 (16 U.S.C. 4601-5).
5 "(2) DONATED LAND.—The term `donated
6 land' means any private land donated to the United
7 States for conservation purposes in the Conservation
8 Area.
9 "(3) DONOR.—The term `donor' means an indi-
10 vidual or entity that donates private land within the
11 Conservation Area to the United States.
12 "(4) SECRETARY.—The term `Secretary' means
13 the Secretary of the Interior, acting through the Di -
14 rector of the Bureau of Land Management.
15 "(b) PROHn3ITIONS.—Except as provided in sub -
16 section (c), there shall be prohibited with respect to do -
17 nated land or acquired land -
18 "(1) disposal; or
19 "(2) any land use authorization that would re -
20 sult in appreciable damage or disturbance to the
21 public lands, including -
22 "(A) rights-of-way;
23 "(B) leases;
24 "(C) livestock grazing;
25 "(D) infrastructure development;
•S 2921 IS
1 "(E) mineral entry;
2 "(F) off-highway vehicle use, except on -
3 "(i) designated routes;
4 "(ii) off-highway vehicle areas des -
5 ignated by law; and
6 "(iii) administratively -designated open
7 areas; and
8 "(G) any other activities that would create
9 impacts contrary to the conservation purposes
10 for which the land was donated or acquired.
11 "(c) EYCEPTIONS.-
12 "(1) AUTHORIZATION BY SECRETARY.—Subject
13 to paragraph (2), the Secretary may authorize lim-
14 ited exceptions to prohibited uses of donated land or
15 acquired land in the Conservation Area if -
16 "(A) an applicant has submitted a right -of -
17 way use application to the Bureau of. Land
18 Management proposing renewable energy devel-
19 opment on the donated land or acquired land on
20 or before December 1, 2009; or
21 "(B) after the completion of an analysis
22 under the National Environmental Policy Act of
23 1969 (42 U.S.C. 4321_ et seq.), including full
24 public participation in the analysis, the See -
25 retary has determined that—
•S 2921 IS
105
1 "(i) the use of the donated land or ac -
2 quired land is in the public interest;
3 "(ii) the impacts of the use are fully
4 and appropriately mitigated; and
5 "(iii) the land was donated or ac -
6 quired on or before December 1, 2009.
7 "(2) CONDPl'IONS.-
8 "(A) IN GENERAL.—If the Secretary
9 grants an exception to the prohibition under
10 paragraph (1), the Secretary shall require the
11 permittee to acquire and donate comparable
12 private land to the United States to mitigate
13 the use.
14 "(B) APPROVAL.—The private land to be
15 donated under subparagraph (A) shall be ap-
16 proved by the Secretary after consultation, to
17 the maximum extent practicable, with the donor
18 of the private land proposed for non-conserva-
19 tion uses.
20 "(d) EXISTING AGREEMENTS.—Nothing in this sec -
21 tion affects permitted or prohibited uses of donated land
22 or acquired land in the Conservation Area established in
23 any easements, deed restrictions, memoranda of under -
24 standing, or other agreements in existence on the date of
25 enactment of this title.
•S 2921 IS
106
1 "(e) DEED RESTRICTIONS.—The Secretary may ac -
2 cept deed restrictions requested by donors for land do -
3 nated to the United States within the Conservation Area
4 after the date of enactment of this title.
5 "SEC. 1905. TRIBAL USES AND INTERESTS.
6 "(a) ACCESS.—The Secretary shall ensure access to
7 areas designated under this Act by members of Indian
8 tribes for traditional cultural and religious purposes, con -
9 sistent Nvith applicable law, including Public Law 95-341
10 (commonly known as the "American Indian Religious
11 Freedom Act") (42 U.S.C. 1996).
12 "(b) TEMPORARY CLOSURE. -
13 "(1) IN GENEILVL.—In accordance with applica-
14 ble law, including Public Law 95-341 (commonly
15 kno«m as the "American Indian Religious Freedom
16 Act") (42 U.S.C. 1996), and subject to paragraph
17 (2), the Secretary, on request of an Indian tribe oi-
ls Indian religious community, shall temporarily close
19 to general public use any portion of an area des -
20 ignated as a national monument, special manage -
21 ment area, IVIld and scenic river, or National Park
22 System unit under this Act (referred to in this sub -
23 section as a `designated area') to protect the privacy
24 of traditional cultural and religious activities in the
•S 2921 IS
107
1 designated area by members of the Indian tribe or
2 Indian religious community.
3 "(2) LIMITATION.—In closing a portion of a
4 designated area under paragraph (1), the Secretary
5 shall limit the closure to the smallest practicable
6 area for the minimum period necessary for the tradi-
7 tional cultural and religious activities.
8 "(c) TRIBAL CULTURAL RESOURCES MANAGEMENT
9 PLAN. -
10 "(1) IN GENERAL.—Not later than 2 years
11 after the date of enactment of this title, the Sec -
12 rotary of the Interior shall develop and implement a
13 tribal cultural resources management plan to iden-
14 tify, protect, and conserve cultural resources of In -
15 than tribes associated ivith the Xam Kwatehan Trail
16 network extending from Avikwaame (Spirit Moun-
17 tain, Nevada) to Avi1nvlal (Pilot Knob, California).
18 "(2) CONSULTATION.—The Secretary shall con -
19 sult on the development and implementation of the
20 tribal cultural resources management plan under
21 paragraph (1) ivith-
22 "(A) each of -
23 "(i) the Chemehuevi Indian Tribe;
24 "(ii) the Hualapai Tribal Nation;
25 "(hhi) the Fort Mojave Indian Tribe;
•S 2921 IS
11:
1 "(iv) the Colorado River Indian
2 Tribes;
3 "(v) the Queehan Indian Tribe; and
4 "(vi) the Coeopah Indian Tribe; and
5 "(B) the Advisory Council on Historic
6 Preservation.
7 "(3) RESOURCE PROTECTION.—The tribal cul -
8 tural resources management plan developed under
9 paragraph (1) shall be -
10 "(A) based on a completed tribal cultural
11 resources survey; and
12 "(B) include procedures for identifying,
13 protecting, and preserving petroglyphs, ancient
14 trails, intaglios, sleeping circles, artifacts, and
15 other resources of cultural, archaeological, or
16 historical significance in accordance with all ap-
17 plicable laws and policies, including -
18 "(i) the National Historic Preserva-
19 tion Act (16 U.S.C. 470 et seq.),-
20
eq.);20 "(ii) Public Law 95-341 (commonly
21 known as the `American Indian Religious
22 Freedom Act') (42 U.S.C. 1996);
23 "(iii) the Archaeological Resources
24 Protection Act of 1979 (16 U.S.C. 470aa
25 et seq.) I
oS 2921 IS
109
1 "(iv) the Native American Graves
2 Protection and Repatriation Act (25
3 U.S.C. 3001 et seq.); and
4 "(v) Public Law 1.03-141 (commonly
5 known as the `Religious Freedom Restora-
6 tion Act of 1993') (42 U.S.C. 2000bb et
7 seq. ).
8 "(d) WITHDRAwAL.—Subject to valid existing rights,
9 all Federal land within the area administratively with -
10 drawn and known as the Indian Pass Withdrawal Area'
11 is permanently withdrawn from -
12 "(1) all forms of entry, appropriation, or dis-
13 posal under the public laws;
14 "(2) location, entry, and patent under the min -
15 ing laws; and
16 "(3) right-of-way leasing and disposition under
17 all laws relating to mineral, solar, wind, and geo-
18 thermal energy.".
19 (b) CONFORMING AMENDMENTS. -
20 (1) SHORT TI'T'LE.—Section 1 of the California
21 Desert Protection Act of 1994 (16 U.S.C. 410aaa
22 note) is amended by striking "1 and 2, and titles I
23 through IX" and inserting "1, 2, and 3, titles I
24 through IX, and titles XIII through XIX".
•S 2921 IS
110
1 (2) DEFINITIONS.—The California Desert Pro -
2 tection Act of 1994 (Public Law 103-433; 108 Stat.
3 4481) is amended by inserting after section 2 the
4 follo-wing:
5 "SEC. 3. DEFINITIONS.
6 "In titles XIII through XIX:
7 "(1) CONSERVATION AREA.—The term `Con -
8 servation Area' means the California Desert Con -
9 servation Area.
10 "(2) SECRETARY.—The term `Secretary'
11 means -
12 "(A) with respect to land under the juris-
13 diction of the Secretary of the Interior, the Sec -
14 retary of the Interior; and
15 "(B) with respect to land under the juris-
16 diction of the Secretary of Agriculture, the Sec -
17 retary of Agriculture. -
18 "(3) STATE.—The term `State' means the State
19 of California.".
20 (3) ADMINISTRATION OF WILDERNESS
21 AREAS.—Section 103 of the California Desert Pro -
22 tection Act of 1994 (Public Law 103-433; 108 Stat.
23 4481) is amended -
24 (A) by striking subsection (d) and insert -
25 ing the following:
•S 2921 IS
III
1 "(d) No BUFFER ZONES. -
2 "(1) IN GENERAL. -Congress does not intend
3 for the designation of wilderness areas by this Act -
4 "(A) to require the additional regulation of
5 land adjacent to the ivilderness areas; or
6 "(B) to lead to the creation of protective
7 perimeters or buffer zones around the ivIlder-
8 ness areas.
9 "(2) NONAVILDERNESS ACrIA71TIFs.—Any non -
10 wilderness activities (including renewable energy
11 projects, mining, camping, hunting, and military ac -
12 tivities) in areas immediately adjacent to the bound -
13 ary of a ivilderness area designated by this Act shall
14 not be restricted or precluded by this Act, regardless
15 of any actual or perceived negative impacts of the
16 nonivilderness activities on the ivilderness area, in -
17 eluding any potential indirect impacts of nonwilder-
18 ness activities conducted outside the designated -" il-
19 derness area on the viewshed, ambient noise level, or
20 air quality of Nvilderness area.";
21 (B) in subsection (f), by striking "des -
22 ignated by this title and" inserting ", potential
23 wilderness areas, special management areas,
24 and national monuments designated by this title
25 or titles XIII through XIX"; and
•S 2921 IS
112
1 (C) in subsection (g), by inserting ", a po-
2 tential wilderness area, a special management
3 areas, or national monument" before "by this
4 Act".
5 (4) MOJAVE NATIONAL PRESERVE. -Title
V of
6 the California Desert Protection Act ,of
1994
(16
7 U.S.C. 41.Oaaa-41 et seq.) is amended by adding at
8 the end the following:
9 "SEC. 520. NATIVE GROUNDWATER SUPPLIES.
10 "The Director of the Bureau of Land Management
11 shall not access or process any application for a right -of -
12 way for development projects that propose to use native
13 groundwater from aquifers adjacent to the Mojave Na -
14 tional Preserve that individually or collectively, in com-
15 bination with proposed or anticipated projects on private
16 land, require the use of native groundwater in excess of
17 the estimated recharge rate as determined by the United
18 States Geological Survey.".
19 (5) AIMENDMENTS TO TIIE CALIFORNIA MILI-
20 TARY LANDS `ATITHDRAWAL AND OVERFLIGHTS ACT
21 OF 1994.-
22 (A) FINDINGS.—Section 801(b) (2) of the
23 California Military Lands Withdrawal and
24 Overflights Act of 1994 (16 U.S.C. 410aaa-82
25 note) is amended by inserting ", national monu-
•S 2921 IS
113
1 ments, special management areas, potential Ail -
2 derness areas," before "and ,N ilderness areas".
3 (B) OVERFLIGHTS; SPECIAL AIRSPACE. -
4 Section 802 of the California Military Lands
5 Withdrawal and Overflights Act of 1994 (16
6 U.S.C. 410aaa-82) is amended -
7 (i) in subsection (a), by inserting
8 national monuments, or special manage -
9 ment areas" before "designated by this
10 Act";
11 (ii) in subsection (b), by inserting
12 national monuments, or special manage -
13 ment areas" before "designated by this
14 Act"; and
15 (iii) by adding at the end the fol -
16 lowing:
17 "(d) DEPARTMENT OF DEFENSE FACILITIES. -
18 Nothing in this Act alters any authority of the Secretary
19 of Defense to conduct military operations at installations
20 and ranges «rithin the California Desert Conservation
21 Area that are authorized under any other provision of
22 law.".
23 SEC. 102. DESIGNATION OF WILD AND SCENIC RIVERS.
24 Section 3(a) of the Wild and Scenic Rivers Act (16
25 U.S.C. 1274(a)) is amended—
•S 2921 IS
114
1 (1) in paragraph (1.96), by striking subpara-
2 graph (A) and inserting the following:
3 "(A)(i) The approximately 1.4 -mile seg -
4 meat of the Amargosa River in the State of
5 California, from the private property boundary
6 in sec. 19, T. 22 N., R. 7 E., to 100 feet down -
7 stream of Highway 178, to be administered by
8 the Secretary of the Interior as a scenic river
9 as an addition to the Amargosa Wild and Sce-
10 nic River on publication by the Secretary of the
11 Interior of a notice in the Federal Register that
12 sufficient inholdings within the boundaries of.
13 the segment have been acquired as scenic ease -
14 ments or in fee title to establish a manageable
15 addition to the Amargosa Wild and Scenic
16 River.
17 "(ii) The approximately 6.1 -mile segment
18 of the Amargosa River in the State of Cali -
19 fornia, from 100 feet downstream of the State
20 Highway 178 crossing to 100 feet upstream of
21 the Tecopa Hot Springs Road crossing, to be
22 administered by the Secretary of the Interior as
23 a scenic river."; and
24 (2) by adding at the end the following:
aS 2921 IS
115
1 "(208) SURPRISE CANYON CREEK, CALI-
2 FORNIA.-
3 "(A) IN GENERAL.—The following seg -
4 ments of. Surprise Canyon Creek in the State of
5 California, to be administered by the Secretary
6 of the Interior:
7 "(i) The approximately 5.3 miles of
8 Surprise Canyon Creek from the con -
9 fluence of. Frenchman's Canyon and Water
10 Canyon to 100 -feet upstream of Chris
11 Wieht Camp, as a wild river.
12 "(ii) The approximately 1.8 miles of
13 Surprise Canyon Creek from 100 feet up -
14 stream of Chris Wieht Camp to the south -
15 ern boundary of sec. 14, T. 21 N., R. 44
16 E., as a recreational river.
17 "(B) EFFECT ON HISTORIC MINING STRUC-
18 TURES.—Nothing in this paragraph affects the
19 historic mining structures associated with the
20 former Panamint Mining District.
21 "(209) DEEP CREEK, CALIFORNIA. -
22 "(A) IN GENERAL.—The folloNi ing seg -
23 meats of Deep Creek in the State of California,
24 to be administered by the Secretary of. Agri -
25 culture:
•S 2921 IS
116
1
"(i) The approximately 6.5 -mile seg -
2
ment from 0.125 mile downstream of the
3
Rainbow Dam site in sec. 33, T. 2 N., R.
4
2 W., to 0.25 -miles upstream of the Road
5
3N34 crossing, as a wild river.
6
"(ii) The 0.5 -mile segment from 0.25
7
mile upstream of the Road 3N34 crossing
8
to 0.25 mile downstream of the Road
9
3N34 crossing, as a scenic river.
10
"(iii) The 2.5 -mile segment from 0.25
11
miles downstream of the Road 3 N. 34
12
crossing to 0.25 miles upstream of the
13
Trail 2W01 crossing, as a wild river.
14
"(iv) The 0.5 -mile segment from 0.25
15
miles upstream of the Trail 2W01 crossing
16
to 0.25 mile downstream of the Trail
17
2W01 crossing, as a scenic river.
18
"(v) The 10 -mile segment from 0.25
19
miles downstream of the Trail 2W01 cross -
20
ing to the upper limit of the Mojave dam
21
flood zone in sec. 17, T. 3 N., R. 3 W., as
22
a wild river.
23
"(vi) The 11 -mile segment of Hol -
24
comb Creek from 100 yards downstream of
25
the Road 3N12 crossing to .25 miles down -
•S 2921 IS
19ri
1 stream of Holcomb Crossing, as a rec-
2 reational river.
3 "(vii) The 3.5 -mile segment of the
4 Holcomb Creek from 0.25 miles down -
5 stream of Holcomb Crossing to the Deep
6 Creek confluence, as a wild river.
7 "(B) EFFECT ON SIS OPERATIONS.—Noth-
8 ing in this paragraph affects -
9 "(i) the operations of the Snow Valley
10 Ski Resort; or
11 "(ii) the State regulation of water
12 rights and water quality associated with
13 the operation of. the Snow Valley Ski Re -
14 sort.
15 "(210) WIIITEWATER RIVER, CALIFORNIA. -
16 The following segments of the Whitewater River in
17 the State of _ California, to be administered by the
18 Secretary of Agriculture and the Secretary of the In -
19 terior, acting jointly:
20 "(A) The 5.S -mile segment of the North
21 Pork Whitewater River from the source of the
22 River near Mt. San Gorgonio to the confluence
23 with the Middle Fork, as a wild river.
24 "(B) The 6.4 -mile segment of the Middle
25 Fork Whitewater River from the source of the
•S 2921 IS
118
I
River to the confluence with the South Fork, as
2
a wild river.
3
"(C) The 1 -mile segment of the South
4
Fork Whitewater River from the confluence of
5
the River with the East Fork to the section line
6
between sections 32 and 33, T. 1 S., R. 2 E.,
7
as a wild river.
8
"(D) The 1 -mile segment of the South
9
Fork Whitewater River from the section line be -
10
tween sections 32 and 33, T. 1 S., R. 2 E., to
11
the section line between sections 33 and 34, T.
12
1 S., R. 2 E., as a recreational river.
13
"(E) The 4.9 -mile segment of the South
14
Fork Whitewater River from the section line be -
15
tween sections 33 and 34, T. 1 S., R. 2 E., to
16
the confluence with the Middle Fork, as a wild
17
river.
18
"(F) The 5.4 -mile segment of the main
19
stem of the Whitewater River from the con -
20
fluence of the South and Middle Forks to the
21
San Gorgonio Wilderness boundary,, as a wild
22
river.
23
"(G) The 2.7 -mile segment of the main
24
stem of the Whitewater River from the San
25
Gorgonio Wilderness boundary to the southern
•S 2921 IS
119
1 boundary of section 26, T. 2 S., R. 3 E., as a
2 recreational river.".
3 TITLE II -DESERT RENEWABLE
4 ENERGY PERMITTING
5 SEC. 201. RENEWABLE ENERGY COORDINATION OFFICES
6 TO IMPROVE FEDERAL PERMIT COORDINA-
% TION FOR RENEWABLE ENERGY.
8 (a) IN GENERAL.—Section 365 of the Energy Policy
9 Act of 2005 (42 U.S.C. 15924) is amended -
10 (1) by redesignating subsection (j) as sub -
11 section (1); and
12 (2) by inserting after subsection (i) the fol -
13 lowing:
14 "0) RENEWABLE ENERGY COORDINATION OFFICES
15 To IMYRovE FEDERAL, PERMIT COORDINATION FOR RE -
16 NEAVABLE ENERGY. -
17 "(1) DEFINPl`ION OF RENEWABLE ENERGY.—In
18 this subsection, the term `renewable energy' means
19 energy derived from a Nvind, solar, renewable bio -
20 mass, or geothermal source.
21 "(2) FIELD AND DISTRICT OFFICES.—As part
22 of the Pilot Project, the Secretary shall designate at
23 least 1 field or district office of the Bureau of Land
24 Management in each of the following States to serve
25 as Renewable Energy Coordination Offices for co -
•S 2921 IS
120
1 ordination of Federal permits for renewable energy
2 projects and transmission lines to integrate renew -
3 able energy:
4
"(A) Arizona.
5
"(B) California.
6
"(C) Colorado.
7
"(D) Idaho.
8
"(E) New Mexico.
9
"(F) Nevada.
10
"(G) Montana.
11
"(H) Oregon.
12
"(I) Utah..
13
"(J) Wyoming.
14
"(3) MEMORANDUAl OF UNDERSTANDING. -
15
"(A) IN GENERAL.—Not later than 90
16
days after the date of enactment of this sub -
17
paragraph, for purposes of carrying out this
18
subsection, the Secretary shall enter into a
19
memorandum of understanding with the Sec -
20
retary of. Agriculture, the Chief of Engineers,
21
and the Secretary of Defense to provide coordi-
22
nated senior management review and detailed
23
resources for the inclusion of the additional Re -
24
newable Energy Coordination Offices in the
25
Pilot Project.
oS 2921 IS
121
1
"(B) CONTENTS.—The memorandum
2
shall -
3
"(i) address -
4
"(I) processes for improving re -
5
newable energy project review;
6
"(II) timelines for environmental
7
review of renewable energy projects;
8
"(III) clear channels of commu-
9
nieation within and between depart -
10
meats, agencies, and States; and
11
"(N) processes for facilitating
12
siting and permitting of renewable en -
13
ergy projects consistent with Federal
14
and State climate and renewable en -
15
ergy policy objectives;
16
"(ii) establish a single multiageney,
17
joint process under which renewable energy
18
projects are -
19
"(I) reviewed and approved, in -
20
chiding the establishment of milestone
21
schedules for each project;
22
"(II) to the maximum extent
23
practicable, coordinated and unified
24
with any applicable State process; and
•S 2921 IS
1.22
1 , "(III) to the maximum extent
2 practicable, reviewed with a lead agen-
3 cy responsible for establishing and en -
4 forcing schedules With which other
5 Federal agencies are required to com-
b ply; and
7 "(iii) establish a cooperative arrange -
8 ment between applicable Federal and State
9 resources agencies in which a single agency
10 is the lead permitting agency responsible
11 for coordinating with other applicable Fed -
12 eral and State agencies.
13 "(C) SIGNATURE OF SECRETARY.—The
14 Secretary shall be a signatory of the memo -
15 randum of understanding.
16 "(D) SIGNATURES BY GOVERNORS.—The
17 Secretary may request that the Governors of
18 each of the States described in paragraph (2)
19 be signatories to the memorandum of under -
20 standing.
21 "(4) DESIGNATION OF (QUALIFIED STAFF.—Not
22 later than 45 days after the date of the signing of
23 the amended memorandum of understanding, all
24 Federal signatory parties shall, if appropriate, as -
25 sign to each Renewable Energy Coordination Office
*S2921 IS
123
1 designated under paragraph (2) an employee de -
2 scribed in subsection (c) responsible for carrying out
3 duties described in that subsection.
4 "(5) ADDITIONAL PERSONNEL.—The Secretary
5 shall assign to each Renewable Energy Coordination
6 Office additional personnel under subsection (f).
7 "(6) ADMINISTRATION. -
8 "(A) IN GENERAL.—The manager of each
9 Renewable Energy Coordination Office shall -
10 "(i) report to the Director of the Bu-
ll reau of Land Management; and
12 "(ii) consult on a regular basis with
13 the Director of the United States Fish and
14 Wildlife Service.
15 "(B) LEAD OFFICE.—To the maximum ex -
16 tent practicable, a Renewable Energy Coordina-
17 tion Office shall serve as the lead office for
18 processing utility scale wind and solar projects
19 in a State with a Renewable Energy Coordina-
20 tion Office.
21 "(k) DISTRIBUTION OF SOLAR AND WIND ENERGY
22 INCOME. -
23 "(1) IN GENERAL.—Subject to paragraphs (2)
24 through (4) and notwithstanding any other provision
25 of law, for fiscal year 2009 and each fiscal year
•S 2921 IS
124
1 thereafter, of the amount of income from solar and
2 wind energy development collected by the Bureau of
3 Land Management through an office designated
4 under subsection 0)(2)-
5
"(A) 25 percent shall be paid by the Sec -
6
retary of the Treasury to the 1 or more States
7
within the boundaries of which the income is
8
derived,
9
"(B) 25 percent shall be paid by the Sec -
10
retary of the Treasury to the 1 or more coun-
11
ties within which the income is derived;
12
"(C)(1) in the case of each of fiscal years
13
2009 through 2020, 40 percent shall be depos-
14
ited in a special fund in the Treasury, to be
15
known as the `BLM Permit Processing Im-
16
provement Fund'; and
17
. "(ii) in the case of fiscal year 2021 and
18
each fiscal year thereafter, 40 percent shall be
19
deposited in the land and water conservation
20
fund established under section 2 of the Land
21
and Water Conservation Fund Act of 1965 (16
22
U.S.C. 4601-5); and
23
"(D) 10 percent shall be deposited in a
24
special fiend in the Treasury, to be known as
oS 2921 IS
125
1 the `Solar Energy Land Reclamation, Restora-
2 tion, and Mitigation Fund'.
3 "(2) VALUATION.—If the Secretary intends to
4 allow right-of-way use authorizations for the purpose
5 of developing a wind or solar electricity generation
6 project, the Secretary shall determine the fair mar -
1 ket value of public land for the purpose of deter -
8 mining income as follows:
9 "(A) The fair market value of public land
10 used for solar energy projects shall be deter -
11 mined by the Bureau of Land Management
12 based on statistics of the National Agricultural
13 Statistical Service.
14 "(B) The fair market value of public land
15 used for wind energy projects shall be deter -
16 mined in accordance with the fee schedule es -
17 tablished by the Secretary, acting through the
18 Bureau of Land Management.
19 "(3) SOLAR ENERGY LAND RECLAMATION, RES -
20 TORATION, AND MPrIGATION FUND. -
21 "(A) IN GENERAL.—Amounts in the Solar
22 Energy Land Reclamation, Restoration, and
23 Mitigation Fund under paragraph (1)(D) shall
24 be available to the Secretary for the purpose
25 of—
•S 2921 IS
126
1
"(i) reclaiming and restoring public
2
land used for the production of solar en -
3
ergy, including land used for ancillary fa -
4
cilities; and
5
"(ii) mitigating impacts of the produc-
6
tion on public land, including protecting
7
other sensitive public land if the land used
8
for solar or wind power generation cannot
9
be adequately restored without the use of
10
funds made available under this para -
11
graph, as determined by the Secretary.
12
"(B) MAXIMUM AMOUNT. -
13
"(i) IN GENERE�L.—The total amount
14
of funds deposited in the Solar Energy
15
Land Reclamation, Restoration, and Miti-
16
gation Fund under paragraph (1) (D) shall
17
not exceed $50,000,000.
18
"(ii) SURPLUS AMOUNTS.—If the total
19
amount of firnds deposited in the Solar
20
Energy Land Reclamation, Restoration,
21
and Mitigation Fund under paragraph
22
(1)(D) is $50,000,000, any additional
23
amounts that would otherwise be deposited
24
in the Fund under paragraph (1) (D) shall
•S 2921 IS
127
1 remain in the general fund of the Treas-
2 ury.
3 "(4) USE OF FUNDS BY STATE AND LOCAL
4 GOVERNMENTS.—A State or local government re -
5 ceiving funds under this subsection shall submit to
6 the Secretary and the appropriate committees of
7 Congress an annual report describing how the funds
8 have been used to advance renewable energy, energy
9 efficiency, and conservation.".
10 (b) BLM PERMIT PROCESSING IMPROVEMENT
11 FUND.—Section 35(e) of the Mineral Leasing Act (30
12 U.S.C. 191(c)) is amended by striking paragraph (3) and
13 inserting the following:
14 "(3) AvAiLABrLITY OF FUND. -
15 "(A) IN GENER., L.—For each of fiscal
16 years 2006 through 2020, the Fund shall be
17 available to the Secretary of the Interior for ex -
18 penditure, without further appropriation and
19 without fiscal year limitation, for -
20 "(i) the coordination and processing
21 of oil and gas use authorizations on on -
22 shore Federal land under the jurisdiction
23 of the Pilot Project offices described in
24 section 365(d) of the Energy Policy Act of.
25 2005 (42 U.S.C. 15924(d));
aS 2921 IS
128
1
"(ii) the coordination and processing
2
of renewable energy use authorizations on
3
onshore Federal land under title V of the
4
Federal Land Policy and Management Act
5
of 1976 (43 U.S.C. 1761 et seq.) and
6
under the jurisdiction of the Renewable
7
Energy Coordination Offices described in
8
section 3650) of the Energy Policy Act of
9
2005 (42 U.S.C. 159240));
10
"(iii) the coordination and processing
11
of permits, consultations, and habitat con -
12
servation plans under the Endangered Spe-
13
cies Act of 1973 (16 U.S.C. 1531 et seq.)
14
by the United States Fish and Wildlife
15
Service that are necessary to build renew -
16
able energy projects on private land in the
17
States described in paragraph (2)(A); and
18
"(iv) the coordination and processing
19
of necessary permits required for wind and
20
solar energy projects participating in the
21
Mitigation Bank Program established
22
under section 205(4)(1) of the California
23
Desert Conservation, Recreation, and Re -
24
newable Energy Act.
•S 2921 IS
129
1 "(B) TRANSFER OF FUNDS.—For the pur-
2 poses of coordination and processing of renew -
3 able energy permits required for renewable en -
4 ergy projects described in subparagraph (A),
5 the Secretary may authorize the expenditure or
6 transfer of funds from the BLM Permit Proc-
7 essing Improvement Fund as necessary to -
8 "(i) the United States Fish and Wild -
9 life Service;
10 "(ii) the Bureau of Indian Affairs;
11 "(iii) the Forest Service;
12 "(iv) the Environmental Protection
13 Agency;
14 "(v) the Corps of Engineers; and
15 "(vi) the States of Arizona, California,
16 Colorado, Idaho, Montana, Nevada., New
17 Mexico, Oregon, Utah, and Wyoming (for
18 costs incurred by the States relating to the
19 permitting process).".
20 SEC. 202. DEADLINES FOR CONSIDERATION OF APPLICA-
21 TIONS FOR WIND AND SOLAR ENERGY RIGHT -
22 OF -WAY USE AUTHORIZATIONS.
23 (a) PURPOSES.—The purposes of this section are -
24 (1) to eliminate expeditiously the backlog of
25 right-of-way use applications that propose wind and
•S 2921 IS
130
1 solar energy development on land located in the
2 western region of the United States;
3 (2) to establish a procedure for focusing the re -
4 sources of the Federal Government on the most eco -
5 nomically and environmentally viable renewable en -
6 orgy development proposals; and
7 (3) to provide guidance to the Department of.
8 the Interior to dismiss or defer renewable energy de -
9 velopment proposals that are not viable.
10 (b) APPLICATrON PROCESS.—Not later than 60 days
11 after the later of the date of enactment of. this Act or the
12 date on which the Secretary of the Interior (referred to
13 in this section as the "Secretary") receives a. right-of-way
14 application for an authorization to construct a wind or
15 solar electricity generation facility in the State of Arizona,
16 California, Colorado, Idaho, Montana, Nevada, New Mex -
17 ico, Oregon, Utah, or Wyoming, the Secretary shall -
18 (1) notify the applicant that the application -
19 (A) is complete; and
20 (B) has met the requirements necessary
21 for the Secretary -
22 (i) to issue a. notice of intent to evalu-
23 ate the project under the National Envi-
24 ronmental Policy Act of 1969 (42 U.S.C.
25 4321 et seq.); or
•S 2921 IS
131
1
(ii) to evaluate the project under that
2
Act under provisions of law that do not re -
3
quire a notice to be issued; or
4
(2) provide to the applicant a notice—
s
(A) to inform the applicant that the review
6
of the application of the applicant under the
7
National Environmental Policy Act of 1969 (42
8
U.S.C. 4321 et seq.) has been deferred because
9
the application of the applicant is incomplete;
10
and
11
(B) that contains a description of the in -
12
formation that is required by the Secretary to
13
consider the application to be complete, inelud-
14
ink
15
(i) a description of each action that
16
the applicant may take (including any ap-
17
plicable time line or deadline for com-
18
pleting each action in a manner acceptable
19
to the Secretary) for the right-of-way use
20
authorization application to be considered
21
complete for purposes of evaluation under
22
subparagraph (A), including -
23
(I) the adequate completion of.
24
any necessary cultural or biological
25
survey, as necessary under—
•S 2921 IS
132
1
(aa) the Endangered Species
2
Act of 1973 (16 U.S.C. 1531 et
3
seq.);
4
(bb) the Act of. June S,
5
1906 (16 U.S.C. 431 et seq.);
6
and
7
(cc) the National Historic
S
Preservation Act (16 U.S.C. 470
9
et seq.);
10
(H) the filing of a plan of devel-
11
opment adequate for the initiation of
12
environmental review;
13
(III) the acceptance of an appli-
14
cation for an interconnection agree -
15
ment with an electrical grid operator
16
that is registered with the North
17
American Electric Reliability Corpora-
ls
tion; and
19
(IV) the establishment of an ade-
20
quate plan that contains a description
21
of the manner by which the applicant
22
will obtain sufficient water for the
23
project that is the subject of the ap-
24
plication; and
•S 2921 IS
133
1 (ii) a description of each action that
2 the Bureau of Land Management (as lead
3 Federal permitting agency) and the United
4 States Fish and Wildlife Service shall take
5 to achieve compliance Nvith each applicable
6 la«, (including regulations), including any
7 applicable time line or deadline for com-
b pleting each action.
9 (C) REQUIREMENTS FOR DEFERRED APPLICA-
10 TIONS.—If the Secretary provides to an applicant a notice
11 under subsection (b)(2), not later than 30 days after the
12 date of receipt of the notice by the applicant or 30 days
13 after each deadline established in the notice to the appli-
14 cant (whichever is applicable), the applicant shall coin -
15 plete, in a manner acceptable to the Secretary, each re -
16 quirement specified by the Secretary (including submitting
17 to the Secretary any information that the Secretary deter -
18 mines to be necessary to achieve compliance with the Na -
19 tional Environmental Policy Act of 1969 (42 U.S.C. 4321.
20 et seq.)).
21 (d) ISSUIVNCE OF NOTICE REGARDING EvALUA-
22 TION.—Not later than 30 days after the date on which
23 an applicant for a right-of-way use authorization described
24 in subsection (b) has submitted to the Secretary a coin -
25 plete application, the Secretary shall issue a notice of in -
•S 2921 IS
134
1 tent to evaluate the right -of -«,ay use authorization applica-
2 tion under -
3 (1) the National Environmental Policy Act of
4 1969 (42 U.S.C. 4321 et seq.); and
5 (2) any other applicable environmental law (in -
6 eluding regulations)
7 (e) REQUIREMENTS FOR ENVIRONMENTAL RE -
8 VIEW. -
9
(1) ENVIRONMENTAL REVIEW. -
10
(A) IN GENEML.—Subject to subpara-
11
graph (C), if the Secretary issues a notice of in -
12
tent under subsection (d) to evaluate the right -
13
of -«Tay use authorization application of an ap-
14
plicant under the National Environmental Pol-
15
icy Act of 1969 (42 U.S.C. 4321 et seq.), not
16
later than 15 months after the date on which
17
the notice of intent is issued, the Secretary
18
shall issue a final environmental impact state -
19
ment or an en-6ronmental assessment regarding
20
the right-of-way use authorization application.
21
(B) DEADLINES.—Subject to subpara-
22
graph (C), if the Secretary, acting through the
23
Bureau of Land Management, issues a notice of
24
intent under subsection (d) to evaluate the
25
right-of-way use authorization application of an
•S 2921 IS
135
1 applicant, the Bureau of Land Management
2 and the United States Fish and Wildlife Service
3 shall complete consultation in compliance with
4 the deadlines established under section 7(b) of
5 the Endangered Species Act of 1973 (16 U.S.C.
6 1.536(b)).
7 (C) DETERMINATION OF SECRETARY.—If
8 the Secretary determines that compliance with
9 the National Environmental Policy Act of 1969
10 (42 U.S.C. 4321 et seq.) and any other appliea-
11 ble law (including regulations) cannot been
12 achieved by the date described in subparagraph
13 (A) or (B), the Secretary -
14 (i) shall inform the applicant (in rea-
15 sonable detail) of the reasons for the delay;
16 and
17 (ii) may issue the environmental im-
18 pact statement or environmental assess -
19 ment on a later date.
20 (2) ISSUANCE OF DECISION ON RIGHT-OF-wAY
21 USE AUTHORIZATION APPLICATION.—Not later than
22 90 days after the date of completion by the Sec -
23 rotary of an environmental impact statement or en -
24 vironmental assessment of a right -of. -way use author -
25 ization application under paragraph (1)(A), the See -
•S 2921 IS
136
1 retary shall accept or deny the right-of-way use au -
2 thorization application.
3 (f) DENIAL OF RIGHT -Or -WAY USE AUTHORIZATION
4 APPLICATIONS. -
5 (1) IN GENERAL.—Subject to paragraph (2),
6 the Secretary shall deny the right-of-way use author -
7 ization application of an applicant if the applicant -
8 (A) fails to meet any deadline established
9 by the Secretary under this section;
10 (B) submits materials that, as determined
11 by the Secretary, are inadequate to process the
12 application expeditiously;
13 (C) proposes development in an area that
14 the Secretary determines -
15 (i) is not open to multiple uses; or
16 (ii) is a low priority area for develop -
17 meat; or
18 (D) fails to comply NvIth any applicable law
19 (including regulations).
20 (2) WEATIIER EVENTS; ACTS Or GOD.—The
21 Secretary may grant extensions to applications sub -
22 ject to denial under paragraph (1) if the failure of
23 the applicant resulted from an administrative action,
24 weather event, or other act of God that the See -
•S 2921 IS
137
1 rotary determines to be beyond the control of the ap-
2 plicant.
3 (3) AUTHORITY TO DENY OR PRIORPl`IZE RIGHT
4 OF WAY AUTHORIZATION APPLICATIONS BASED ON
5 SITE CONFLICTS. -
6 (A) DEMNITION OF HIGH PUBLIC RE -
7 SOURCE CONFLICT.—In this paragraph, the
8 term "high public resource conflict" means an
9 expected impact to public resource values (in -
10 eluding wilderness quality land (other than vis -
11 ual and noise impacts), threatened and endan-
12 gored species and habitat of the species, State -
13 listed species, sensitive species listed by the Bu -
14 reau of Land Management, ground water re -
15 sources, and cultural and historic resources)
16 that, as determined by the Secretary, cannot be
17 addressed through the use of best management
18 practices or other measures.
19 (B) AUTHORITY.—At any time after a
20 right-of-way use authorization application has
21 been filed, the Secretary may -
22 (i) deny a right-of-way use authoriza-
23 tion application that proposes development
24 in an area in which the proposed develop -
25 ment will result in a high public resource
•S 2921 IS
138
1 conflict (based on the best available infor-
2 mation); and
3 (ii) prioritize a right-of-way use au -
4 thorization application that proposes re -
5 newable energy development in an area in
6 which the proposed development will not
7 result in a. high public resource conflicts
8 (based on the best available information)
9 and will access existing electric trans -
10 mission and utility corridor rights-of-way.
11 (C) RELATIONSHIP TO GOALS. -Nothing in
12 this paragraph affects the goals established
13 under section 211 of the Energy Policy Act of
14 2005 (Public Law 109-58; 1.19 Stat. 660).
15 (g) BIANNUAL REPORTS.—Not later than 180 days
16 after the date of enactment of this Act and twice a year
17 thereafter, the Secretary shall submit to the appropriate
18 committees of Congress a report that, for the period cov-
19 ered by the report, contains -
20 (1) a description of each right-of-way use au -
21 thorization application for which the applicant or the
22 Secretary failed to meet a deadline under this sec -
23 tion; and
24 (2) with respect to each application included
25 under paragraph (1), a justification for why—
•S 2921 IS
139
1 (A) the Secretary failed to meet a deadline
2 under this section; or
3 (B) the Secretary has not rejected the ap-
4 plication as a result of the applicant of the ap-
5 plication failing to meet a deadline established
6 by the Secretary under subsection (e).
7 (h) FEES. -
8 (1) IN GENERAL.—Upon acceptance of an ini-
9 tial right-of-way use authorization application to
10 construct a wind or solar facility on Federal land,
11 the Secretary shall require the applicant to transfer
12 to the Secretary a refundable deposit of an amount
13 equal to not less than 50 percent of the amount that
14 the Secretary estimates to be necessary for the Bu -
15 reau of Land Management and United States Fish
16 and Wildlife Service to complete the review of the
17 right-of-way use authorization application.
18 (2) RETURN OF FUNDS.—If an applicant with -
19 draws a right-of-way use authorization application
20 accepted under paragraph (1), the Secretary shall
21 transfer to the applicant the amount of the refund -
22 able deposit that the Secretary has not used as of
23 the date of the withdrawal of the application.
24 (i) NONAPPLICATION To ROYALTY OR LEASING
25 PILOT PROGRAM LAND.—This section shall not apply to
•S 2921 IS
140
1 Nvind or solar development proposals for land designated
2 as part of a pilot program established by the Secretary
3 of. the Interior to lease Federal land AvIthout pending
4 right-of-way use authorizations or require royalty pay -
5 ments in place of fair market rental fees.
6 SEC. 203. PROGRAMMATIC ENVIRONMENTAL IMPACT
7 STATEMENTS AND LAND USE PLANNING.
8 (a) PUBLIC LAIND.—Not later than 1 year after the
9 date of enactment of this Act, the Secretary of the Interior
10 shall -
11 (1) complete a programmatic environmental im-
12 pact statement in accordance with the National En -
13 vironmental Policy Act of. 1969 (42 U.S.C. 4321 et
14 seq.)-
15 (A) to analyze the potential impacts of. -
16 (i) a program to develop solar energy
17 on land administered by the Secretary, act -
18 ing through the Bureau of Land Manage -
19 ment;
20 (ii) in consultation with the United
21 States Fish and Wildlife Service, the des -
22 ignation and full environmental evaluation
23 of low conflict zones in which solar energy
24 prgject development may be permitted
25 after completion of a project level environ -
•S 2921 IS
141
1 mental assessment under the National En -
2 vironmental Policy Act of 1969 (42 U.S.C.
3 4321 et seq.); and
4 (iii) any necessary amendments to
5 land use plans for the land; and
6 (B) which shall include an assessment of
7 the optimal size, acreage, and technology of
8 solar projects; and
9 (2) amend any land use plans as appropriate to
10 provide for the development of rene«,able energy in
11 areas considered appropriate by the Secretary, con -
12 sistent with the programmatic environmental impact
13 statements for «vied and solar power completed by
14 the Secretary.
15 (b) NATIONAL FOREST SYSTEm LXND.—As soon as
16 practicable but not later than 18 months after the date
17 of enactment of. this Act, the Secretary of Agriculture
18 shall -
19 (1) complete a programmatic environmental im-
20 pact statement in accordance «vith the National En -
21 vironmental Policy Act of 1.969 (42 U.S.C. 4321 et
22 seq.) to analyze the potential impacts of -
23 (A) a program to develop solar, biomass,
24 and wind energy on National Forest System
25 land administered by the Secretary; and
•S 2921 IS
142
1 (B) any necessary amendments to land use
2 plans for the land; and
3 (2) amend any land use plans as appropriate to
4 provide for the development of renewable energy in
5 areas considered appropriate by the Secretary imme-
6 diately on completion of the programmatic environ -
7 mental impact statement.
8 (c) MILITARY INSTALLATIONS.—As soon as prac-
9 tieable, but not later than 18 months, after the date of
10 enactment of this Act, the Secretary of Defense shall -
11 (1) complete a programmatic environmental im-
12 pact statement in accordance with the National En -
`13 vironmental Policy Act of 1969 (42 U.S.C. 4321 et
14 seq.) to analyze the potential impacts of -
15 (A) a program -
16 (i) to develop solar, wind, and geo-
17 thermal energy, and associated electric
18 transmission capacity, on military installa-
19 tions administered by the Secretary of De -
20 fense in the Mojave and Colorado Deserts
21 of the States of Arizona, California, and
22 Nevada, including withdrawn land; and
23 (ii) that is consistent with the training
24 and other military needs of the Depart -
25 ment of Defense; and
•S 2921 IS
143
1 (B) any necessary amendments to base
2 management plans or policies for the land; and
3 (2) upon completion of the programmatic envi-
4 ronmental impact statement under paragraph (1),
5 amend any base management plan or policy that the
6 Secretary of. Defense determines to be appropriate to
7 provide for the development of renewable energy in
8 areas that the Secretary considers to be appropriate
9 and consistent with the military mission of the De -
10 partment of Defense.
11 SEC. 204. MILITARY INSTALLATIONS STUDY.
12 (a) IST GENEI:LkL.—Not later than 1 year after the
13 date of enactment of this Act, in accordance with sub -
14 section (b), the Secretary of Defense (referred to in this
15 section as the "Secretary") shall complete a study to ana-
16 lyze the potential impacts of a program to develop large -
17 scale renewable electricity generation projects on land
18 within the borders of a military installation under the ju-
19 risdiction of the Secretary in the Mojave and Colorado
20 Deserts of the States of. California and Nevada.
21 (b) REQUIRED COMPONENTS.—In carrying out the
22 study under subsection (a), the Secretary shall -
23 (1) determine the extent to which renewable en -
24 ergy generation at military installations could be
•S 2921 IS
144
1 conducted in a manner consistent with the military
2 mission of the installations;
3 (2) estimate the solar energy generation poten-
4 tial at each military installation in the study area on
5 parcels of land that do not interfere with the mill -
6 tary mission of the installation;
7 (3) describe current and proposed large-scale
8 solar energy generation projects, the capacity of
9 which are not less than 5 megawatts, on military in -
10 stallations located in the Mojave and Colorado
11 Deserts of the States of California and Nevada (in -
12 eluding a time line for the completion of each
13 project);
14 (4) determine if energy generation at a military
15 installation would require significant new or up -
16 graded electricity transmission capacity within the
17 boundaries of the installation;
18 (5) complete an assessment of -
19 (A) the net financial, environmental, na-
20 tional security, and other benefits of renewable
21 energy development (including cost savings to
22 the Department of Defense),
23 (B) the benefits of secure energy produc-
24 tion at a military installation; and
•S 2921 IS
145
1 (C) the impacts of renewable energy devel-
2 opment on training and testing areas at a mili-
3 tary installation;
4 (6) outline existing standards and requirements
5 for on -installation solar development, and if prae-
6 ticable, develop uniform procedures, for all facilities
7 of the Department of Defense;
8 (7) identify differences among solar energy de -
9 velopment on ----
10
n=10 (A) land under the jurisdiction of the Sec -
11 retary;
12 (B) Federal land other than the land de -
13 scribed in subparagraph (A); and
14 (C) private land;
15 (S) identify Federal and State statutory and
16 regulatory constraints to on -installation generation
17 for off -installation use; and
18 (9) develop recommendations to facilitate and
19 incentivize large-scale solar development on appro-
20 priate land under the jurisdiction of the Secretary,
21 to be implemented by individual installations and
22 services and the Office of. the Secretary.
23 SEC. 205. HABITAT MITIGATION ZONES.
24 (a) DEFINITIONS.—In this section:
•S 2921 IS
146
1 (1) APPROPRIATE COMMPPTEES OF CON -
2 GREss.—The term "appropriate committees of Con -
3 gress" means -
4 (A) the Committee on Appropriations of
5 the Senate;
6 (13) the Committee on Energy and Natural
7 Resources of. the Senate;
8 (C) the Committee on Environment and
9 Public Works of the Senate;
10 (D) the Committee on Appropriations of
11 the House of Representatives; and
12 (E) the Committee on Natural Resources
13 of the IIouse of Representatives.
14 (2) DIRECTOR.—The term "Director" means
15 the Director of the United States Fish and Wildlife
16 Service.
17 (3) ELIGIBLE LAND.—The term "eligible land"
18 means land -
19 (A) that is -
20 (i) Federal land open to uses delete -
21 rious to the conservation of endangered or
22 threatened species on the land; or
23 (ii) oivned by a non -Federal entity;
24 and
•S 2921 IS
147
1 (B) that is in the California Desert Con -
2 servation Area; and
3 (C) on which the Secretary determines that
4 active management or additional investments in
5 the restoration of the land would improve the
6 existing habitat quality for the benefit of an en -
7 dangered or threatened species that would not
8 likely occur in the absence of the measures car -
9 ried out under this section.
10 (4) ENDANGERED OR THREATENED SPECIES. -
11 The term "endangered or threatened species" means
12 a species that is listed as a threatened or endan-
13 gered species on the list of species published under
14 section 4(c)(1.) of the Endangered Species Act of.
15 1973 (16 U.S.C. 1533(c)(1)).
16 (5) FUND.—The term "Fund" means the Cali -
17 fornia Desert Mitigation Fund established by sub -
18 section (e).
19 (6) HIGH CONFLICT AREA.—The term "high
20 conflict area" means an area, as determined by the
21 Secretary, in which conflicts between renewable en -
22 orgy development and the conservation of natural re -
23 sources, including critical habitat, wildlife corridors,
24 wetland, and other important environmental at-
oS 2921 IS
148
1 tributes, or other cultural resources are likely to be
2 comparatively high.
3 (7) MITIGA'T`ION COUNCIL.—The term "Mitiga-
4 tion Council" means the science advisory council es -
5 tablished by the Secretary under subsection (e)(7).
6 (8) NATURAL RESOURCES.—The term "natural
7 resources" means the land, fish, wildlife, plants,
8 biota, natural communities, air, water, groundwater,
9 drinking water supplies, and other such resources
10 belonging to or otherwise controlled by the United
11 States or the State of. California.
12 (9) POTENTIAL TMITIGATION ZONE.—The term
13 "potential mitigation zone" means a parcel of eligi-
14 ble land that is proposed to be designated by the
15 Secretary under subsection (c) (1) in order to ad -
16 dress threats to endangered or threatened species.
17 (10) PROGRAM.—The term "program" means
18 the California Desert Mitigation Bank Pilot Pro -
19 gram established under subsection (d).
20 (11) QUALIFIED RENEWABLE ENERGY
21 PROJECT.—The term "qualified rene«vable energy
22 project" means a project that is -
23 (n) located on non -Federal land;
24 (B) not located in a high conflict area; and
•S 2921 IS
149
1 (C) determined by the Secretary to be eli-
2 gible for inclusion in the California Desert Miti-
3 gation Bank Pilot Program established under
4 subsection (d).
5 (12) SECRE'T'ARY.—The term "Secretary"
6 means the Secretary of the Interior.
7 (b) PURPOSES.—The purposes of this section are -
8 (1) to establish a coordinated method to miti-
9 gate the impact of qualified renewable energy
10 projects on endangered or threatened species and
11 the habitat of the species;
12 (2) to establish a mechanism under which the
13 mitigation of impacts to endangered or threatened
14 species and the habitat of the species from individual
15 renewable energy projects results in the conservation
16 of large-scale blocks of land that provide species pro -
17 tection benefits superior to the piecemeal mitigation
18 that results from project -by -project mitigation; and
19 (3) to direct mitigation funds to those areas
20 and actions that provide the greatest benefit to en -
21 dangered or threatened species, including improved
22 management of existing habitat.
23 (c) POTENTIXL MITIGATION ZONES. -
24 (1) IN GENERAL.—As soon as practicable after
25 the date of enactment of this Act, in accordance
•S 2921 IS
150
1 with paragraphs (2) and (3), the Secretary shall
2 identify not less than 200,000 acres of eligible land
3 for use as potential mitigation zones that the Sec -
4 rotary may establish and make available to mitigate
5 the impacts of qualified renewable energy projects
6 on endangered or threatened species that can be
7 mitigated most effectively through management ac -
8 tions undertaken on the eligible land, including -
9 (A) enhanced stewardship;
10 (B) restoration actions;
11 (C) invasive species control;
12 (D) use of dedicated funding to facilitate
13 enhanced levels of active management and law
14 enforcement;
15 (E) increased habitat connectivity; and
16 (F) other actions, as determined by the
17 Secretary and approved by the applicable Sci-
18 entific Advisory Council through the manage -
19 meat planning process.
20 (2) PRIORITY LAND.—In carrying out this sub -
21 section, the Secretary shall, to the maximum extent
22 practicable, identify parcels of land that -
23 (A) are capable of serving the habitat
24 needs of multiple endangered or threatened spe-
25 cies in the California Desert Conservation Area;
•S 2921 IS
1.51
1 (B) do not have unusually high renewable
2 energy production potential;
3 (C) are not being managed (as the date of.
4 enactment of this Act) exclusively for biodiver-
5 city conservation;
6 (D) are not likely to be managed for con -
7 servation purposes in the absence of the pro -
8 gram; and
9 (E) will be important to place into long -
10 term conservation in order to achieve objectives
11 established in Federal biodiversity conservation
12 plans (such as recovery plans and habitat con -
13 servation plans established under the Endan-
14 gered Species Act of 1973 (16 U.S.C. 1531 et
15 seq.)) and similar plans established by the State
16 of California in accordance with endangered
17 species protection laws of the State.
18 (3) CONSULTA`T'ION.—In carrying out this sub -
19 section, the Secretary shall, to the maximum extent
20 practicable, identify parcels of land in consultation
21 with the Mitigation Council and the State of Cali -
22 fornia.
23 (d) CALIFORNIA DESERT MITIGATION BANK PILOT
24 PROGRAM. -
25 (1) IN GENERAL.—
•S 2921 IS
152
1
(A) ESTIWLISHMENT.—For fiscal years
2
2010 through 2015, the Secretary shall estab-
3
lish and administer a program to be known as
4
the "California Desert Mitigation Bank Pilot
5
Program" under which parcels of land identi-
6
fied as potential mitigation zones shall be made
7
available to serve as mitigation, in accordance
8
-"lith the Endangered Species Act of 1973 (16
9
U.S.C. 1.531 et seq.), for the development of re -
10
newable energy prgjects on parcels of non -Fed -
11
oral land that are located in the California
12
Desert Conservation Area.
13
(B) WITIInRAIVAL FROM USE.—Notivith-
14
standing any limitations on the authority of the
15
Secretary to permanently withdraw land under
16
the Federal Land Policy and Management Act
17
of 1976 (43 U.S.C. 1701 et seq.), the Secretary
18
shall make land available as a mitigation zone
19
raider this subsection by permanently with -
20
drawing the required acreage, as determined
21
under paragraph (3)(B), located in a potential
22
mitigation zone from availability for uses that
23
could negatively impact the conservation of en -
24
dangered or threatened species on the acreage.
•S 2921 IS
153
1 (C) USE Or FUND.—The Secretary may
2 use funds in the Fund -
3 (i) to acquire interests in non -Federal
4 acres within a potential mitigation zone
5 from willing sellers for addition to the
6 mitigation zone; and
7 (ii) to actively manage the land with -
8 draivn under subparagraph (B) or pur-
9 chased under clause (i) to protect and im-
10 prove habitat quality in compliance with a
11 zone management plan established pursu-
12 ant to paragraph (4).
13 (2) ELIGIBILITY.—The Secretary shall deter -
14 mine whether a qualified renewable energy project
15 that has applied for inclusion in the program is eligi-
16 ble for the program based on whether -
17 (A) the applicant has made sufficient ef-
18 forts to avoid and minimize impacts to endan-
19 gored or threatened species; and
20 (B) the mitigation from the program will
21 effectively offset all remaining impacts to en -
22 dangered or threatened species.
23 (3) R-EQUIRETMENTS OF PROGRAM. -
24 (A) CONSULTATION. -
•S 2921 IS
154
1
(i) IN GENERAL.—The approval by
2
the Secretary of an application to partici-
3
pate in the program with respect to any
4
qualified renewable energy project shall
5
constitute a Federal action subject to the
6
consultation requirements of section 7 of
7
the Endangered Species Act (16 U.S.C.
8
1536).
9
(ii) SCOPE.—The scope of the con -
10
saltation carried out with respect to the
11
approval -
12
(I) shall include the effects of the
13
construction and operation of the
14
qualified renewable energy project on
15
endangered or threatened species and
16
the critical habitat of the endangered
17
or threatened species; and
18
(II) shall not be limited to the
19
quantification of required mitigation
20
acreage.
21
(B) REQUIRI+ill ACREAGE.—The Secretary,
22
in accordance with the consultation required
23
Linder subparagraph (A), shall determine the re -
24
quired number of acres of specified quality Nvith
25
respect to the conservation of the affected en -
•S 2921 IS
155
1
dangered or threatened species necessary to
2
mitigate the impacts on those endangered or
3
threatened species and the habitat of the en -
4
dangered or threatened species of each qualified
5
renewable energy prgject accepted in the pro -
6
gram.
7
(C) PAYTMENT.—Each applicant accepted
8
by the Secretary for participation in the pro -
9
gram shall deposit in the Fund an amount, or
10
provide a. letter of credit for an amount, as de-
ll
termined by the Secretary, that (frill mitigate
12
impacts (as required by section 7 of the Endan-
13
gered Species Act of 1973 (16 U.S.C. 1536))
14
and is the higher of -
15
(i) 75 percent of the estimated fair
16
market cost of purchasing the required
17
acreage from a non -Federal lando«rner
18
(based on statistics of the National Agri -
19
cultural Statistical Service), as determined
20
by the Secretary; or
21
(ii) the cost, as determined by the
22
Secretary, of managing a parcel of eligible
23
land of a size equal to the required acreage
24
in a manner consistent Ninth the needs of
25
endangered or threatened species.
•S 2921 IS
156
1
(4) MANAGEMENT PLANTS. -
2
(A) IN GENERAL.—As soon as practicable
3
after the establishment of a mitigation zone, the
4
Secretary shall develop a mitigation zone man -
5
agement plan, in consultation with the Mitiga-
6
tion Council.
7
(B) CONTENTS.—The management plan
8
shall include -
9
(i) a description of -
10
(I) the habitat and species values
11
for which the land is being conserved;
12
(II) measurable goals and objec-
13
tives for habitat and species enhance -
14
ment;
15
(III) proposed strategies for
16
achieving goals and objectives; and
17
(IV) monitoring and observation
18
plans capable of assessing progress to -
19
wards goals and objectives on at least
20
an annual basis;
21
(h) recommendations for how and to
22
whom disbursements from the Fuld should
23
be made;
24
(iii) an annual evaluation of progress
25
towards achieving goals and objectives, in -
•S 2921 IS
157
1 eluding quantitative and qualitative anal -
2 ysis; and
3 (iv) a description of a process for
4 adapting management and strategy to in -
5 corporate knowledge gained as a result of
6 the annual evaluation.
7 (e) CALIFORNIA DESERT MITIGATION FUND. -
8 (1) IN GENERAL. -
9 (A) ESTABLISHMENT.—The Secretary may
10 enter into an agreement with an organization
11 that promotes fish and wildlife conservation to
12 accept, receive, hold, transfer, solicit, and ad -
13 minister funds received or made available, in -
14 eluding funds received in the form of a gift or
15 donation, for a "California Desert Mitigation
16 Fund" under this Act the purpose of which is
17 to provide resources for administration of the
18 mitigation zones authorized by this section.
19 (B) INVESTMENT or FUNDS.—An organi-
20 zation that enters into an agreement described
21 in subparagraph (A) shall -
22 (i) invest, reinvest, and otherwise ad -
23 minister funds described in subparagraph
24 (A); and
•S 2921 IS
158
1
(ii) ensure that the fiends and any in -
2
terest or revenues earned on the fiends are
3
placed in a separate interest-bearing ac -
4
count that is -
5
(I)(aa) in an insured depository
6
institution (as defined in section 3 of
7
the Federal Deposit Insurance Act
8
(12 U.S.C. 1813)); or
9
(bb) in an insured credit union
10
(as defined in section 101 of the Fed -
11
er•al Credit Union Act (12 U.S.C.
12
1752)))-
752));13
13
(II) established by the organiza-
14
tion solely to support the activities au -
15
thorized by this section and that fur -
16
ther the purposes of this Act; and
17
(III) maintained in an amount
18
that «rill assure the continued exist -
19
enee of the account.
20
(C) ADMINISTRATION.—The agreement
21
shall -
22
(i) ensure that the Secretary retains
23
final authority for determining what
24
amounts will be disbursed from the Fund;
25
and
•S 2921 IS
159
1
(ii) contain such other terms and con -
2
ditions as the Secretary considers appro-
3
priate to ensure efficient and effective im-
4
plementation of the program.
5
(2) CONTRIBUTIONS TO FUND. -
6
(A) IN GENERAL.—In addition to the
7
fiends described in paragraph (3)(C), the Fund
8
may accept finds appropriated directly into the
9
Fund on the behalf of the Secretary and, as
10
considered appropriate by the Secretary -
11
(i) fiends associated 1VV1th the settle -
12
ment of related judicial or administrative
13
actions;
14
(ii) monetary contributions and do -
15
nated fiends from individuals and public or
16
private organizations; and
17
(iii) permitting fees.
18
(B) TiiA,\TSFER OF FUNDS.—For purposes
19
of carrying out this subsection, the Secretary
20
may transfer any funds appropriated to the
21
Secretary to carry out activities under this sec -
22
tion to an organization that has entered into an
23
agreement under paragraph (1).
24
(3) EXPENDITURES FROM FUND.—
•S 2921 IS
MIC
1
(A) IN GENMI L. -Except as provided in
2
subparagraph (C), all allocations from the Fund
3
shall be -
4
(i) made pursuant to the terms of this
5
subsection and the agreement under para -
6
graph (1.);
7
(ii) made consistent «pith a manage -
8
ment plan developed under subsection
9
(d)(4); and
10
(iii) (I) in the case of expenses related
11
to acquisition of interests in non -Federal
12
land, disbursed to the Secretary from of
13
the corpus of the Fund; and
14
(II) in the case of expenses related to
15
operational and management activities
16
taken pursuant to this section on public
17
and non -Federal land, disbursed to the
18
Secretary from interest and revenue gen-
19
era.ted by the Fund.
20
(13) ADDIIINISTRATIArE EXPENSES.—The
21
agreement under paragraph (1) shall provide
22
for the payment from the Fund of. appropriate
23
fees for the administration and management of
24
the Fund.
•S 2921 IS
161
1 (C) SUPPLEMENTAL AUTHORIZATION OF
2 APPROPRIATIONS.—There are authorized to be
3 appropriated to the Secretary such sums as are
4 necessary to cover any shortfall in funds if, for
5 any fiscal year beginning after the date of en -
6 actment of this Act, amounts deposited into the
7 Fund are not adequate to cover necessary man -
8 agement activities under this Act.
9 (4) USE OF FUNDS. Amounts from the Fund
10 shall be used to carry out the folloiving activities in
11 mitigation zones for the benefit of threatened and
12 endangered species:
13 (A) Enhanced stewardship.
14 (B) Restoration actions.
15 (C) The mitigation of abandoned mines.
16 (D) The conduct of surveys of certain spe-
17 cies.
18 (E) Monitoring the effectiveness of mitiga-
19 tion activities.
20 (F) Invasive species control.
21 (G) Law enforcement initiatives.
22 (H) Acquisition from iarilling sellers of non -
23 Federal acres within a potential mitigation zone
24 for inclusion in the mitigation zone.
•S 2921 IS
162
1 (I) Acquisition from willing sellers of an
2 interest in non -Federal acres within a potential
3 mitigation zone through use of permanent con -
4 servation easements.
5 (J) Other active endangered species protee-
6 tion and management initiatives, as reflected in
7 the zone management plan and adaptive man -
8 agement program.
9 (5) No MATCHING REQUIREMENT.—No match -
10 ing requirements shall apply to funds upended
11 under this subsection.
12 (6) REVIEW OF PERPORP�TCE.-
13 (A) IN GENERAL. -Effective beginning in
14 fiscal year 2011 and biennially thereafter, the
15 Secretary shall -
16 (i) conduct a revie«v of any fund and
17 related activities administered by an orga-
18 nization under this subsection; and
19 (ii) submit to the appropriate commit -
20 tees of Congress a report on the results of
21 the review.
22 (B) ORGANTIZATION.—As soon as prac-
23 ticable after the end of each fiscal year, an or -
24 ganization administering funds under this sub -
25 section shall submit to the Secretary and the
•S 2921 IS
163
1
appropriate committees of Congress a report
2
that provides a full and complete statement of
3
the receipts, expenditures, and investments of
4
funds received by the organization during for
5
that fiscal year.
6
(7) MI'T`IGATION COUNCIL. -
7
(A) ESTABLISHMENT.—As soon as prac-
8
ticable after the date of enactment of this Act,
9
the Secretary shall establish a Mitigation Coun-
10
cil to—
ll
(i) consult with the Secretary on de -
12
velopment of a management plan for miti-
13
gation zones;
14
(ii) make recommendations on the
15
most effective distribution of the amounts
16
upended under paragraph (3) and on the
17
proposed use of funds under this sub -
18
section; and
19
(iii) review Nvritten documents pro -
20
vided by the Secretary not later than 60
21
days after the date of receipt.
22
(B) COMPOSITION.—The Mitigation Coun-
23
cil shall be composed of -
24
(i) 2 third -party scientists selected by
25
the Secretary, in consultation with the Di -
•S 2921 IS
164
1
rector and the National Academy of
2
Sciences, who are experts in desert ecology,
3
wildlife biology, or botany and have a
4
strong knowledge of endangered species,
5
threatened species, or natural resources in
6
the California Desert Conservation Area;
7
(ii) 1 representative of the California
8
Department of Fish and Game, selected by
9
the Governor;
10
(iii) 1 representative of. the Depart -
11
ment of Defense, selected by the Secretary
12
of. Defense;
13
(iv) 2 representatives of nonprofit or -
14
ganizations whose mission is to protect the
15
ecology, botany, or land of the California
16
desert, selected by the Secretary;
17
(v) 2 representatives of the renewable
18
energy industry with a. background in per -
19
mitting under the Endangered Species Act
20
of 1973 (16 U.S.C. 1531 et seq.), selected
21
by the Secretary; and
22
(%71) 1 representative of the county
23
government in which the zone is located,
24
selected by the appropriate county board of
25
supervisors.
•S 2921 IS
165
1 (f) APPLICATION EATALUATION.-
2 (1) IN GENERAL.—The Secretary shall carry
3 out environmental reviews (including any review re -
4 quired under the National Environmental Policy Act
5 of 1969 (42 U.S.C. 4321 et seq.)) for applications
6 for qualified renewable energy projects under the
7 program.
8 (2) RENEIVAIME ENERGY COORDINATION OF -
9 FICES.—The evaluation of a renewable energy
10 project under the program shall be conducted by the
11 appropriate Renewable Energy Coordination Office
12 designated under section 3650)(2) of the Energy
13 Policy Act of 2005 (42 U.S.C. 159240)(2)).
14 (3) DEADLINES.—The Secretary shall evaluate
15 each qualified renewable energy project under the
16 program in accordance with each deadline, reporting
17 requirement, and other procedure described in see -
18 tion 202.
19 (g) COOPERATIVE AGREEMENTS.—The Secretary
20 may enter into cooper ative agreements with non -Federal
21 landowners to carry out this section.
22 (h) AUTHORIZATION of APPROPRIATIONS.—There
23 are authorized to be appropriated to the Secretary to carry
24 this section such sums as are necessary.
•S 2921 IS
166
1 SEC. 206. BONDING.
2 (a) IN GENEiuL.—The Secretary shall require all en -
3 ergy projects on Federal land to provide a secure bond
4 or other financial mechanism, to address future decommis-
5 sioning and other costs associated with the restoration of
6 public land.
7 (b) AmoUNT.-
8 (1) IST GENERAL.—The Secretary shall ensure
9 that the secure bond or other financial mechanism
10 is of sufficient size in order to address potential ree-
11 lamation and administrative costs to the Bureau of
12
Land
Management, the
Forest Service, the Depart -
13
ment
of Defense, and any
other Federal agency re -
14 sponsible for administering the right-of-way.
15 (2) BASIS.—The amount of the required bond
16 shall be determined during the right-of-way author -
17 ization process on the basis of site-specific and
18 project -specific factors.
19 (c) FORAIL—Acceptable bond instruments under this
20 section shall include cash, cashier's or certified checks,
21 certificate or book entry deposits, negotiable Treasury
22 bonds equal in value to the bond amount, or surety bonds
23 from the approved list of sureties under the Department
24 of the Treasury Circular No. 570 payable to the Federal
25 agency responsible for administering the right-of-xi,ay.
•S 2921 IS
167
1 SEC. 207. METEOROLOGICAL SITE TESTING AND MONI-
2 TORING CATEGORICAL EXCLUSION.
3 (a) DEFINITION OF METEOROLOGICAL SITE TEST -
4 ING AND MONITORING PROJECT.—In this section, the
5 term "meteorological site testing and monitoring project"
6 means a project carried out on land administered by the
7 Bureau of Land Management to test or monitor weather
8 (including -vvind and solar energy) using towers or other
9 devices that -
10 (1) causes -
11 (A) less than 1 acre of soil or vegetation
12 disruption at the location of each meteorological
13 tower or other device; and
14 (B) not more than 5 acres of soil or vege-
15 tation disruption within the proposed right -of -
10 way;
17 (2) is installed -
18 (A) to the maximum extent practicable,
19 using existing access roads;
20 (B) in a manner that does not require off -
21 road motorized access other than 1 installation
22 activity and 1 decommissioning activity along
23 an identified off-road route approved by the Bu -
24 reau of Land Management;
•S 2921 IS
168
1 (C) without construction of new roads
2 other than upgrading of existing minor drain -
3 age crossings for safety purposes; and
4 (D) without the use of digging or drilling
5 equipment vehicles other than rubber -tired vehi-
6 cles with gross weight ratings under 8,500
7 pounds; and
8 (3) is decommissioned not more than 5 years
9 after the date of commencement of the project, in -
10 eluding -
11 (A) removal of any towers or devices from
12 the site; and
13 (B) restoration of the site to the original
14 condition of the site.
15 (b) CATEGORIC�LL EXCLUSION.—A meteorological
16 site testing and monitoring project may be categorically
17 excluded from documentation in an environmental impact
18 statement or enAronmental assessment under the Na -
19 tional Environmental Policy Act of 1969 (42 U.S.C. 4321
20 et sect.).
21 (e) ADMINISTRATION.—A meteorological site testing
22 and monitoring project categorically excluded under sub -
23 section (b) shall be subject to the extraordinary eir-
24 cumstanees procedures established by the Secretary of the
•S 2921 IS
169
1 Interior pursuant to section 1508.4 of title 40, Code of
2 Federal Regulations (or successor regulations).
3 (d) RELATIONSHIP To OTHER AUTHORITY.—The au -
4 thority provided under this section is supplemental to,
5 does not supplant, any authority provided under any other
6 law.
7 SEC. 208. REPORT ON RENEWABLE ENERGY PERMITTING
8 IN WESTERN STATES. .
9 Not later than 180 days after the date of enactment
10 of this Act and every 180 days thereafter, the Secretary
11 shall submit to the appropriate committees of Congress
12 (as defined in section 205(a)) a report on -
13 (1) the Jvork of the Renewable Energy Coordi-
14 nation Offices established under section 3650)(2) of
15 the Energy Policy Act of 2005 (42 U.S.C.
16 159240)(2)), including staffing levels, the relevant
17 e�-pertise of staff, and a status report on each re -
18 newable energy project under reviely;
19 (2) the allocation of resources from the BLNI
20 Permit Processing Improvement Fund described in
21 section 35(e) of the Mineral Leasing Act (30 U.S.C.
22 1.91(c)) to ensure that renewable energy-related
23 work of applicable agencies within the Department
24 of the Interior (including the Bureau of Land Man -
25 agement and the United States Fish and Wildlife
•S 2921 IS
170
1 Service) is completed in accordance with timelines
2 established under this Act and the amendments
3 made by this Act;
4 (3) a review of permitting policies, including
5 recommended changes that would improve permit -
6 ting;
7 (4) coordination with other Federal agencies
8 (including the Forest Service, the Corp of Engi-
9 neers, and the Department of Defense) as necessary
10 and consistent Nvith the memorandum of under -
11 standing entered into under section 3650)(3) of the
12 Energy Policy Act of 2005 (42 U.S.C. 159240)(3));
13 (5) coordination with State offices on the re -
14 neivable energy permitting processes of the State of -
15 fices, particularly State agencies that are responsible
16 for permitting power plants and State agencies that
17 are responsible for enforcing State endangered spe-
18 cies protections;
19 (6) the establishment of a process to resolve
20 disputes, problems, or inconsistencies in permitting
21 renewable energy projects efficiently and fairly;
22 (7) coordination with any State -level counter -
23 part appointed by a Governor or Legislature; and
24 (S)(A) each right-of-way use authorization ap-
25 plication or permit application under the Endan-
•S 2921 IS
171
1 tiered Species Act of 1973 (16 U.S.C. 1531 et seq.)
2 for which the applicant or the Secretary failed to
3 meet a deadline or requirement under this Act or an
4 amendment made by this Act;
5 (B) with respect to each application and dead -
6 line described in subparagraph (A), why -
7 (i) the Secretary failed to meet the dead -
8 line; or
9 (ii) the Secretary has not rejected the ap-
10 plication as a result of the failure of the appli-
11 cant to meet the deadline; and
12 (C) each right-of-way use authorization appliea-
13 tion or permit application under the Endangered
14 Species Act of. 1973 (16 U.S.C. 1531 et seq.) that
15 has received an authorization to build or a permit
16 consistent with the deadlines and requirements of
17 this Act, including the number of megawatts, acres
18 of development and mitigation land set aside, and
19 other relevant materials.
•S 2921 IS
1.72
1 SEC. 209. SUPPORT FOR QUALIFIED ADVANCED ELECTRIC
2 TRANSMISSION MANUFACTURING PLANTS,
3 QUALIFIED HIGH EFFICIENCY TRANSMISSION
4 PROPERTY, AND QUALIFIED ADVANCED
5 ELECTRIC TRANSMISSION PROPERTY.
6 (a) DEFINITIONS.—Section 1701 of the Energy Pol-
1 icy Act of 2005 (42 U.S.C. 16511) is amended by adding
8 at the end the follo"ving:
9 "(6) QUALIFIED ADVANCED ELECTRIC TRANS -
10 MISSION MANUFACTURING PLI\JNT.—The term `quali-
11 fied advanced electric transmission manufacturing
12 plant' means any industrial facility located in the
13 United States that can be equipped, re -equipped, ex -
14 panded, or established to produce, in whole or in
15 part, qualified advanced electric transmission prop -
16 erty or qualified high efficiency transmission prop -
17 erty.
18 "(7) QUALIFIED ADVANCED ELL+'CTRIC TRANS -
19 MISSION PROPERTY. -
20 "(A) IN GENERAL.—The term `qualified
21 advanced electric transmission property' means
22 any high voltage electric transmission cable, re -
23 lated substation, converter station, or other in -
24 tegrated facility that -
25 "(i) uses advanced technology, such as
26 ultra-low resistance superconductive mate -
•S 2921 IS
173
1
rial or other advanced technology that has
2
been determined by the Secretary as -
3
"(I) reasonably likely to be com-
4
mereially viable within 10 years after
5
the date of enactment of this para -
6
graph; and
7
"(II) capable of reliably transmit -
8
ting at least 1.5 gigawatts of high -
9
voltage electric energy for distances
10
greater than 80 miles with energy
11
losses substantially below losses on
12
transmission lines using conventional
13
aluminum conductors and steel rein -
14
forced conductors;
15
"(ii) has been determined by an ap-
16
propriate energy regulatory body, on appli-
17
cation, to be in the public interest and eli-
18
gible for inclusion in regulated rates; and
19
"(iii) can be located safely and eco -
20
nomically in a permanent underground
21
right-of-way not to exceed 25 feet in width.
22
"(B) EXCLUSION.—The term `qualified ad -
23
vanced electric transmission property' does not
24
include any property placed in service after De -
25
comber 31, 2016.
•S 2921 IS
174
1 "(g) QUALIFIED HIGH EFFICIENCY TMkNS-
2 MISSION PROPERTY. -
3 "(A) IN GENEILu.,.—The term `qualified
4 high efficiency transmission property' means
5 any high voltage overhead electric transmission
6 line, related substation, or other integrated fa -
7 cility that -
8 "(i) uses advanced conductor core
9 technology that -
10 "(I) has been determined by the
11 Secretary as reasonably likely to be
12 commercially Friable within 10 years
13 after the date of enactment of this
14 paragraph;
15 "(II) is suitable for use on trans -
16 mission lines up to 500 kilovolts;
17 "(III) exhibits power losses at
18 least 30 percent lower than that of
19 transmission lines using conventional
20 Aluminum Conductors Steel Rein -
21 forced conductors (referred in this
22 paragraph as `conventional ACSR
23 conductors'); and
24 "(IV) is capable of increasing the
25 capacity of existing transmission
•S 2921 IS
175
1 rights-of-way using existing tower 111-
2 frastructure;
3 "(ii) has been determined by an ap-
4 propriate energy regulatory body, on appli-
5 cation, to be in the public interest and eli-
6 gible for inclusion in regulated rates; and
7 "(iii) can be located safely and eco -
8 nomically in a right-of-way not to exceed
9 that used by conventional ACSR condue-
10 tors.
11 "(B) EXCLUSION.—The term `qualified
12 high efficiency transmission property' does not
13 include any property placed in service after De -
14 comber 31, 2016.".
15 (b) ELIGIBLE PROJECTS.—Section 1703 of the En -
16 orgy Policy Act of 2005 (42 U.S.C. 16513) is amended -
17 (1) in subsection (b), by adding at the end the
18 following:
19 "(11) The development, construction, acquisi-
20 tion, retrofitting, or engineering integration of a
21 qualified advanced electric transmission manufac-
22 turing plant or the construction of a qualified high
23 efficiency transmission property or qualified ad -
24 vanced electric transmission property (whether by
•S 2921 IS
176
1 construction of a new facility or the modification of
2 an existing facility)."; and
3 (2) by adding at the end the following:
4 "(f) GIANTS FOR QUALIFIED ADVANCED ELECTRIC
5 TRANSMISSION PROPERTY. -
6 "(1) IN GENERAL. -Subject to paragraphs (2)
7 and (3), the Secretary may provide grants, on a
8 competitive basis, to cover not more than 50 percent
9 of the costs incurred in connection with the develop -
10 ment, construction, acquisition of components for, or
11 engineering of qualified advanced electric trans -
12 mission property.
13 "(2) FIRST PROJECT.—Grants may be made
14 under this subsection only for the first project that
15 described in paragraph (1) that is approved by the
16 Secretary.
17 "(3) OWNERSHIP INTEREST.—The United
18 States shall take no equity or other ownership inter -
19 est in the qualified advanced electric transmission
20 manufacturing plant or qualified advanced electric
21 transmission property for which funding is provided
22 under this subsection.
23 "(4) AUTHORIZATION OF APPROPRIATIONS. -
24 There are authorized to be appropriated to carry out
•S 2921 IS
1.77
1 this subsection $100,000,000 for each of fiscal years
2 2011 and 2012.
3 "(g) CORRIDOR PRIORITY.—In carrying out sub -
4 sections (b) (11) and (f) and section 1705(b)(4), the Sec -
5 retary shall give priority to -
6 "(1) a project proposed to be carried out in a
7 national interest electric transmission corridor des -
8 ignated under section 216(a) of the Federal Power
9 Act (16 U.S.C. 824p(a)); or
10 "(2) a prgjeet proposed to be carried out in an
11 energy right-of-way corridor on Federal land des -
12 ignated under section 368 of. the Energy Policy Act
13 of 2005 (42 U.S.C. 15926).".
14 (c) TEMPORARY PROGRAM FOR RAPID DEPLOYMENT
15 OF RENEWA]3LE ENERGY AND ELECTRIC POWER TRANS -
16 MISSION PROJECTS.—Section 1705(b) of the Energy Pol-
17 icy Act of 2005 (42 U.S.C. 16516(b)) is amended by add -
18 ing at the end the following:
19 "(4) The development, construction, acquisition,
20 retrofitting, or engineering integration of a qualified
21 advanced electric transmission manufacturing plant
22 or the construction of qualified high efficiency trans -
23 mission property or qualified advanced electric
24 transmission property (whether by construction of a
•S 2921 IS
178
new facility or the modification of an existing facil-
ity) .".
N
•S 2921 IS