To promote the development of renewable energy on public land, and for other purposes.

Bill Number

H.R. 2301

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Energy

Status

Introduced

Latest Action

2025-04-18: Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development.

Last Updated

2025-04-24T08:05:15Z

AI-Generated Summary

Purpose of the Legislation

This bill, H.R. 2301, seeks to encourage the growth of renewable energy projects—such as wind, solar, and geothermal—on federal lands. It does this by setting higher production targets, improving land planning and permitting processes, ensuring fair economic terms for developers, and directing revenues toward conservation and local benefits, all while balancing environmental protection and multiple land uses.

Key Provisions

• Definitions (Section 1): Establishes clear terms, including "covered land" (eligible federal lands not excluded by plans or laws), "renewable energy project" (wind, solar, or geothermal generation or transmission, possibly with energy storage like batteries), "priority area" (preferred sites for projects), and "exclusion area" (unsuitable lands).
• Updated National Goals (Section 2): Raises the target for renewable energy on federal lands from 25% of total U.S. electricity by 2025 to 60% by December 31, 2030. Requires the Secretary of the Interior (in consultation with other agencies) to update these goals within 18 months of enactment.
• Land Use Planning and Environmental Reviews (Section 3):
• Directs the Secretary to designate areas eligible for project applications and consider priority areas, following "multiple use" principles (balancing energy development with other land purposes like recreation or wildlife protection).
• Requires reviews of land allocations every 10 years (or more often if goals are at risk) to add, modify, or remove priority/exclusion areas, incorporating public input and a "mitigation sequence" (avoid, minimize, then compensate for impacts on wildlife, water, culture, etc.).
• Updates outdated programmatic environmental impact statements (PEIS)—broad reviews under the National Environmental Policy Act (NEPA, a law requiring assessment of environmental effects)—for solar (by 18 months after a 2024 decision), wind (review starts within 1 year, completes in 3 years), and geothermal (updates 2008 PEIS).
• Promotes coordination with states, Tribes, locals, and developers on factors like transmission access, siting on disturbed lands, and incentives for priority areas. Addresses transmission needs and allows site-specific reviews to continue unchanged.
• Streamlined Permitting (Section 4):
• Amends the Energy Act of 2020 to let state-level Renewable Energy Coordination Offices (under Bureau of Land Management, or BLM) handle wind/solar applications, including issuing grants or leases, with reporting to state BLM directors.
• Mandates cost recovery agreements within 30 days of a complete application (addressing known conflicts without new studies), blocking new land claims during processing.
• Sets a 180-day timeline for a NEPA notice of intent (extendable for complex cases); allows categorical exclusions (simplified NEPA reviews) for preliminary work like geotechnical studies or weather monitoring.
• Prioritizes applications in priority areas; processes others first-come, first-served. Limits competitive bidding except for overlapping applications or future rules; exempts priority area leases.
• Economic Certainty (Section 5):
• Caps rents and fees at averages for similar private land uses in the state/county; uses national surveys instead of individual appraisals; limits rate increases to inflation (via economic index).
• Allows capacity fees only if common in the region. Sets decommissioning bonds based on site-specific reclamation costs minus salvage value (no minimum per acre).
• Revenue Disposition and Conservation Fund (Section 6):
• Allocates wind/solar revenues (2026–2045): 25% to states, 25% to counties (proportional to land use), 15% to BLM for permitting/processing (prioritizing home states), 35% to a new Renewable Energy Resource Conservation Fund. From 2046: shifts to 10% for BLM, 40% to Fund.
• Filing fees stay with agencies for costs. Issues rules for multi-state projects. States/counties use payments like mineral revenues (e.g., for roads, schools); adds to existing tax-equivalent payments.
• Creates the Fund (administered by the Secretary) for habitat restoration, wildlife corridors, water protection, and recreational access easements in project areas. Allows cooperative agreements with non-federal partners; invests earnings; requires annual reports to Congress. Funds supplement, not replace, appropriations.
• Savings Clause (Section 7): Ensures federal lands remain managed under existing laws for multiple uses (e.g., sustained yield of resources like timber alongside energy) and environmental reviews.

Significant Changes to Existing Law

• Energy Act of 2020 Amendments: Increases renewable targets and adds state office delegation for permitting; inserts new processing rules and prohibits field office delegation (except for support).
• Environmental Reviews: Updates and incorporates post-2005/2008/2012 PEIS for wind/solar/geothermal, streamlining broad planning without altering site-specific NEPA requirements.
• Permitting Processes: Introduces timelines, cost recovery to secure applications, priority processing, and reduced competition, amending Federal Land Policy and Management Act (FLPMA, 1976 law governing public lands) indirectly via delegation and fees.
• Revenue Sharing: Shifts from prior formulas (e.g., under Mineral Leasing Act) by creating the new Fund (35–40% of revenues) for conservation and capping BLM share over time; excludes filing fees from sharing.
• Economic Terms: Replaces individual appraisals with averages; ties increases to inflation; customizes bonds, differing from uniform federal standards.

Potential Impacts

• Government Agencies: BLM and Department of the Interior gain funding and tools for faster permitting, potentially reducing backlogs but increasing workload for reviews. USDA Forest Service involved in National Forest lands. States may handle more processing, easing federal burden. The Fund provides dedicated resources for conservation, supplementing budgets.
• Citizens: Could lower energy costs long-term via more renewables; creates jobs in development and restoration. Local revenues (to states/counties) support services like education/infrastructure. Recreation and wildlife may face temporary disruptions but gain protections via mitigation and access improvements.
• International Relations: Minimal direct effects, but boosting U.S. renewable capacity could strengthen global climate commitments (e.g., under Paris Agreement) by reducing fossil fuel reliance, indirectly aiding energy security and exports.

Main Stakeholders Affected

• Federal Agencies: BLM (lead for public lands), Department of the Interior (overall authority), USDA Forest Service (National Forests), and Department of Energy (consultation on storage tech).
• State, Local, and Tribal Governments: Receive revenues; involved in coordination and permitting delegation; Tribes benefit from protections for cultural/important areas.
• Renewable Energy Developers: Gain streamlined applications, incentives, predictable costs, and priority in key areas, encouraging investment.
• Environmental and Conservation Groups: Influence via public input and Fund uses for habitat/water protection; balance development with mitigation.
• Local Communities and Recreation Users: Affected by land use changes; gain from revenues and access enhancements but may see impacts on viewsheds or wildlife.
• Transmission Operators and Utilities: Benefit from planning for infrastructure to support projects.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces NEPA and FLPMA compliance by updating PEIS and maintaining site-specific reviews, avoiding delays while ensuring environmental safeguards. The savings clause preserves multiple-use mandates, preventing challenges over land exclusivity. Revenue rules align with Mineral Leasing Act precedents but introduce a novel conservation fund, potentially setting models for future energy laws.
• Constitutional: Involves federal property management (Article IV), respecting state interests via revenue sharing and delegation without ceding sovereignty. No direct takings issues, as it builds on existing leasing authority.
• Political: Advances clean energy agenda amid climate goals, potentially bridging partisan divides by funding conservation and local benefits. Could face debate over land use balances (e.g., wilderness vs. development) or revenue equity in multi-state projects, influencing future energy policy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Levin, Mike [D-CA-49]

Recent Actions

• 2025-04-18: Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development.
• 2025-03-24: Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-03-24: Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-03-24: Introduced in House
• 2025-03-24: Introduced in House

Bill Versions

• To promote the development of renewable energy on public land, and for other purposes. — issued 2025-03-24 — PDF (29 pages)