S. 2921 (111th): California Desert Protection Act of 2010

111th Congress, 2009–2010. Text as of Dec 21, 2009 (Introduced).

Status & Summary | PDF | Source: GPO

II

111th CONGRESS

1st Session

S. 2921

IN THE SENATE OF THE UNITED STATES

December 21 (legislative day, December 20), 2009

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 opportunities, and development 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.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the California Desert Protection Act of 2010.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—California Desert Conservation and Recreation

Sec. 101. Amendments to the California Desert Protection Act of 1994.

Sec. 102. Designation of wild and scenic rivers.

TITLE II—Desert renewable energy permitting

Sec. 201. Renewable Energy Coordination Offices to improve Federal permit coordination for renewable energy.

Sec. 202. Deadlines for consideration of applications for wind and solar energy right-of-way use authorizations.

Sec. 203. Programmatic environmental impact statements and land use planning.

Sec. 204. Military installations study.

Sec. 205. Habitat mitigation zones.

Sec. 206. Bonding.

Sec. 207. Meteorological site testing and monitoring categorical exclusion.

Sec. 208. Report on renewable energy permitting in Western States.

Sec. 209. Support for qualified advanced electric transmission manufacturing plants, qualified high efficiency transmission property, and qualified advanced electric transmission property.

I

California Desert Conservation and Recreation

101.

Amendments to the California Desert Protection Act of 1994

(a)

In general

Public Law 103–433 (16 U.S.C. 410aaa et seq.) is amended by adding at the end the following:

XIII

Mojave Trails National Monument

1301.

Definitions

In this title:

(1)

Map

The term map means the map entitled Boundary Map, Mojave Trails National Monument and dated November 19, 2009.

(2)

Monument

The term Monument means the Mojave Trails National Monument established by section 1302(a).

(3)

Study area

The term study area means the land that—

(A)

is described in—

(i)

the notice of the Bureau of Land Management of September 15, 2008, entitled Notice of Proposed Legislative Withdrawal and Opportunity for Public Meeting; California (73 Fed. Reg. 53269); or

(ii)

any subsequent notice in the Federal Register that is related to the notice described in clause (i); and

(B)

has been segregated by the Director of the Bureau of Land Management.

1302.

Establishment of the Mojave Trails National Monument

(a)

Establishment

There is designated in the State the Mojave Trails National Monument.

(b)

Purposes

The purposes of the Monument are—

(1)

to preserve the nationally significant biological, cultural, recreational, geological, educational, historic, scenic, and scientific values—

(A)

in the Central and Eastern Mojave Desert; and

(B)

along historic Route 66; and

(2)

to secure the opportunity for present and future generations to experience and enjoy the magnificent vistas, wildlife, land forms, and natural and cultural resources of the Monument.

(c)

Boundaries

(1)

In general

Except as provided in paragraph (2), the Monument shall consist of the Federal land and Federal interests in land within the boundaries depicted on the map.

(2)

Exclusions

(A)

Study area

Subject to subparagraph (B), the study area shall be excluded from the Monument to permit the Secretary of the Navy to study the land within the study area for—

(i)

withdrawal in accordance with the Act of February 28, 1958 (43 U.S.C. 155 et seq.); and

(ii)

potential inclusion into the Marine Corps Air Ground Combat Center at Twentynine Palms, California, for national defense purposes.

(B)

Incorporation in monument

After action by the Secretary of Defense and Congress regarding the withdrawal under subparagraph (A), any land within the study area that is not withdrawn shall be incorporated into the Monument.

(d)

Map; legal descriptions

(1)

Legal description

As soon as practicable after the date of enactment of this title, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate legal descriptions of the Monument, based on the map.

(2)

Corrections

The map and legal descriptions of the Monument shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map and legal descriptions.

(3)

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

1303.

Management of the Monument

(a)

In general

The Secretary shall—

(1)

only allow uses of the Monument that—

(A)

further the purposes described in section 1302(b);

(B)

are included in the management plan developed under subsection (g); and

(C)

do not interfere with the utility rights-of-way or corridors authorized under section 1304(f); and

(2)

subject to valid existing rights, manage the Monument to protect the resources of the Monument, in accordance with—

(A)

this Act;

(B)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(C)

any other applicable provisions of law.

(b)

Cooperation agreements; general authority

Consistent with the management plan and existing authorities applicable to the Monument, the Secretary may enter into cooperative agreements and shared management arrangements (including special use permits with any person (including educational institutions and Indian tribes)), for the purposes of interpreting, researching, and providing education on the resources of the Monument.

(c)

Administration of subsequently acquired land

Any land or interest in land within the boundaries of the Monument that is acquired by the Secretary after the date of enactment of this title shall be managed by the Secretary in accordance with this title.

(d)

Limitations

(1)

Property rights

The establishment of the Monument does not—

(A)

affect—

(i)

any property rights of an Indian reservation, individually held trust land, or any other Indian allotments;

(ii)

any land or interests in land held by the State, any political subdivision of the State, or any special district; or

(iii)

any private property rights within the boundaries of the Monument; or

(B)

grant to the Secretary any authority on or over non-Federal land not already provided by law.

(2)

Authority

The authority of the Secretary under this title extends only to Federal land and Federal interests in land included in the Monument.

(e)

Adjacent management

(1)

In general

Nothing in this title creates any protective perimeter or buffer zone around the Monument.

(2)

Activities outside monument

The fact that an activity or use on land outside the Monument can be seen or heard within the Monument shall not preclude the activity or use outside the boundary of the Monument.

(3)

No additional regulation

Nothing in this title requires additional regulation of activities on land outside the boundary of the Monument.

(f)

Air and water quality

Nothing in this title affects the standards governing air or water quality outside the boundary of the Monument.

(g)

Management plan

(1)

In general

The Secretary shall—

(A)

not later than 3 years after the date of enactment of this title, complete a management plan for the conservation and protection of the Monument; and

(B)

on completion of the management plan—

(i)

submit the management plan to—

(I)

the Committee on Natural Resources of the House of Representatives; and

(II)

the Committee on Energy and Natural Resources of the Senate; and

(ii)

make the management plan available to the public.

(2)

Inclusions

The management plan shall include provisions that—

(A)

provide for the conservation and protection of the Monument;

(B)

authorize the continued recreational uses of the Monument (including hiking, camping, hunting, mountain biking, sightseeing, off-highway vehicle recreation on designated routes, rockhounding, and horseback riding), if the recreational uses are consistent with this section and any other applicable law;

(C)

address the need for and, as necessary, establish plans for, the installation, construction, and maintenance of public utility energy transport facilities within rights-of-way in the Monument, including provisions that require that the activities be conducted in a manner that minimizes the impact on Monument resources (including resources relating to the ecological, cultural, historic, and scenic viewshed of the Monument), in accordance with any other applicable law;

(D)

address the designation and maintenance of roads, trails, and paths in the Monument;

(E)

address regional fire management planning and coordination between the Director of the Bureau of Land Management, the Director of the National Park Service, and San Bernardino County; and

(F)

address the establishment of a visitor center to serve the Monument and adjacent public land.

(3)

Preparation and implementation

(A)

Applicable law

The Secretary shall prepare and implement the management plan in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other applicable laws.

(B)

Consultation

In preparing and implementing the management plan, the Secretary shall periodically consult with—

(i)

the advisory committee established under section 1306;

(ii)

interested private property owners and holders of valid existing rights located within the boundaries of the Monument; and

(iii)

representatives of the Fort Mojave Indian tribe, the Colorado River Indian Tribe, the Chemehuevi Indian tribe, and other Indian tribes with historic or cultural ties to land within, or adjacent to, the Monument regarding the management of portions of the Monument containing sacred sites or cultural importance to the Indian tribes.

(4)

Interim management

Except as otherwise provided in this Act, pending completion of the management plan for the Monument, the Secretary shall manage any Federal land and Federal interests in land within the boundary of the Monument—

(A)

consistent with the existing permitted uses of the land;

(B)

in accordance with the general guidelines and authorities of the existing management plans of the Bureau of Land Management for the land; and

(C)

in a manner consistent with—

(i)

the purposes described in section 1302(b);

(ii)

the provisions of the management plan under paragraph (2); and

(iii)

applicable Federal law.

(h)

Effect of section

Nothing in this section diminishes or alters existing authorities applicable to Federal land included in the Monument.

1304.

Uses of the monument

(a)

Use of off-Highway vehicles

(1)

In general

The use of off-highway vehicles in the Monument (including the use of off-highway vehicles for commercial touring) shall be permitted to continue on designated routes, subject to all applicable law and and authorized by the management plan.

(2)

Nondesignated routes

Off-highway vehicle access shall be permitted on nondesignated routes and trails in the Monument—

(A)

for administrative purposes;

(B)

to respond to an emergency; or

(C)

as authorized under the management plan.

(3)

Inventory

Not later than 2 years after the date of enactment of this title, the Director of the Bureau of Land Management shall complete an inventory of all existing routes in the Monument.

(b)

Hunting, trapping, and fishing

(1)

In general

Except as provided in paragraph (2), the Secretary shall permit hunting, trapping, and fishing within the Monument in accordance with applicable Federal and State laws (including regulations) in effect as of the date of enactment of this title.

(2)

Trapping

No amphibians or reptiles may be collected within the Monument.

(3)

Regulations

The Secretary, after consultation with the California Department of Fish and Game, may issue regulations designating zones where, and establishing periods during which, no hunting, trapping, or fishing shall be permitted in the Monument for reasons of public safety, administration, resource protection, or public use and enjoyment.

(c)

Grazing

(1)

In general

Nothing in this title terminates any valid existing grazing allotment within the Monument.

(2)

Effect on blair permit

Nothing in this title affects the Lazy Daisy grazing permit (permittee number 9076) on land included in the Monument, including the transfer of title to the grazing permit to the Secretary or to a private party.

(3)

Permit retirement

The Secretary may acquire base property and associated grazing permits within the Monument for purposes of permanently retiring the permit if—

(A)

the permittee is a willing seller;

(B)

the permittee and Secretary reach an agreement concerning the terms and conditions of the acquisition; and

(C)

termination of the allotment would further the purposes of the Monument described in section 1302(b).

(d)

Access to State and private land

The Secretary shall provide adequate access to each owner of non-Federal land or interests in non-Federal land within the boundary of the Monument to ensure the reasonable use and enjoyment of the land or interest by the owner.

(e)

Limitations

(1)

Commercial enterprises

Except as provided in paragraphs (2) and (3), or as required for the maintenance, upgrade, expansion, or development of energy transport facilities in the corridors described in subsection (g), no commercial enterprises shall be authorized within the boundary of the Monument after the date of enactment of this title.

(2)

Authorized exceptions

The Secretary may authorize exceptions to paragraph (1) if the Secretary determines that the commercial enterprises would further the purposes described in section 1302(b).

(3)

Applicability

This subsection does not apply to—

(A)

transmission and telecommunication facilities that are owned or operated by a utility subject to regulation by the Federal Government or a State government or a State utility with a service obligation (as those terms are defined in section 217 of the Federal Power Act (16 U.S.C. 824q)); or

(B)

commercial vehicular touring enterprises within the Monument that operate on designated routes.

(f)

Utility rights-of-Way

(1)

In general

Nothing in this title precludes, prevents, or inhibits the maintenance, upgrade, expansion, or development of energy transport facilities within the Monument that are critical to reducing the effects of climate change on the environment.

(2)

Authorization

The Secretary shall, to the maximum extent practicable—

(A)

permit rights-of-way and alignments that best protect the values and resources of the Monument described in section 1302(b); and

(B)

ensure that existing rights-of-way and utility corridors within the Monument are fully utilized before permitting new rights-of-way or designating new utility corridors within the Monument.

(3)

Effect on existing facilities and rights-of-way

Nothing in this section terminates or limits—

(A)

any valid right-of-way within the Monument in existence on the date of enactment of this title (including customary operation, maintenance, repair, or replacement activities in a right-of-way); or

(B)

a right-of-way authorization issued on the expiration of an existing right-of-way authorization described in subparagraph (A).

(4)

Upgrading and expansion of existing rights-of-way

Nothing in this subsection prohibits the upgrading (including the construction or replacement), expansion, or assignment of an existing utility transmission line for the purpose of increasing the capacity of—

(A)

a transmission line in existing rights-of-way; or

(B)

a right-of-way issued, granted, or permitted by the Secretary that is contiguous or adjacent to existing transmission line rights-of-way.

(5)

Interstate 40 transportation corridor

For purposes of underground utility rights-of-way under this subsection, the Secretary shall consider the Interstate 40 transportation corridor to be equivalent to an existing utility right-of-way corridor.

(6)

New rights-of-way

(A)

In general

Any new rights-of-way or new uses within existing rights-of-way shall—

(i)

only be permitted in energy corridors or expansions of energy corridors that are designated as of the date of enactment of this title; and

(ii)

subject to subparagraph (B), require review and approval under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(B)

Approval

New rights-of-way or uses or expansions of existing corridors under subparagraph (A) shall only be approved if the head of the applicable lead Federal agency, in consultation with other agencies as appropriate, determines that the new rights-of-way, uses, or expansions are consistent with—

(i)

this title;

(ii)

other applicable laws;

(iii)

the purposes of the Monument described in section 1302(b); and

(iv)

the management plan for the Monument.

(g)

West wide energy corridor

(1)

Alternative alignment

Subject to paragraph (2), to further the purposes of the Monument described in section 1302(b), the Secretary may require a realignment of the energy right-of-way corridor numbered 27–41 and designated under the energy corridor planning process established by section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926) if an alternative alignment within the Monument—

(A)

provides substantially similar energy transmission capacity and reliability;

(B)

does not impair other existing rights-of-way; and

(C)

is compatible with military training requirements.

(2)

Consultation

Before establishing an alternative alignment of the energy right-of-way corridor under paragraph (1), the Secretary shall consult with—

(A)

the Secretary of Energy;

(B)

the Secretary of Defense;

(C)

the State, including the transmission permitting agency of the State;

(D)

units of local government in the State; and

(E)

any entities possessing valid existing rights-of-way within—

(i)

the energy corridor described in paragraph (1); or

(ii)

any potential alternative energy corridor.

(3)

Effect on energy transport corridors

Nothing in this subsection diminishes the utility of energy transport corridors located within the Monument and identified under section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926), Energy Corridors E or I (as designated in the California Desert Conservation Area Plan), or energy corridors numbered 27–41 and 27–225 and designated by a record of decision—

(A)

to provide locations for—

(i)

electric transmission facilities that improve reliability, relieve congestion, and enhance the national grid; and

(ii)

oil, gas, and hydrogen pipelines; and

(B)

to provide locations for electric transmission facilities that—

(i)

promote renewable energy generation;

(ii)

otherwise further the interest of the United States if the transmission facilities are identified as critical—

(I)

in a Federal law; or

(II)

through a regional transmission planning process; or

(iii)

consist of high-voltage transmission facilities critical to the purposes described in clause (i) or (ii).

(4)

Land use planning

In conducting land use planning for the Monument, the Secretary—

(A)

shall consider the existing locations of the corridors described in paragraph (3); and

(B)

subject to paragraph (5), may amend the location of any energy corridors to comply with purposes of the Monument if the amended corridor—

(i)

provides connectivity across the landscape that is equivalent to the connectivity provided by the existing location;

(ii)

meets the criteria established by—

(I)

section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926); and

(II)

the record of decision for the applicable corridor; and

(iii)

does not impair or restrict the uses of existing rights-of-way.

(5)

Consultation required

Before amending a corridor under paragraph (4)(B), the Secretary shall consult with all interested parties (including the persons identified in section 368(a) of the Energy Policy Act of 2005 (42 U.S.C. 15926(a))), in accordance with applicable laws (including regulations).

(h)

Overflights

Nothing in this title or the management plan restricts or precludes—

(1)

overflights (including low-level overflights) of military, commercial, and general aviation aircraft that can be seen or heard within the Monument;

(2)

the designation or creation of new units of special use airspace; or

(3)

the establishment of military flight training routes over the Monument.

(i)

Withdrawals

(1)

In general

Subject to valid existing rights and except as provided in paragraph (2), the Federal land and interests in Federal land included within the Monument are withdrawn from—

(A)

all forms of entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the public land mining laws;

(C)

operation of the mineral leasing, geothermal leasing, and mineral materials laws; and

(D)

energy development and power generation.

(2)

Exchange

Paragraph (1) does not apply to an exchange that the Secretary determines would further the protective purposes of the Monument.

(j)

Access to renewable energy facilities

(1)

In general

On a determination that no reasonable alternative access exists and subject to paragraph (2), the Secretary may allow new right-of-ways within the Monument to provide vehicular access to renewable energy project sites outside the boundaries of the Monument.

(2)

Restrictions

To the maximum extent practicable, the rights-of-way shall be designed and sited to be consistent with the purposes of the Monument described in section 1302(b).

1305.

Acquisition of land

(a)

In general

The Secretary may acquire for inclusion in the Monument any land or interests in land within the boundary of the Monument owned by the State, units of local government, Indian tribes, or private individuals only by—

(1)

donation;

(2)

exchange with a willing party; or

(3)

purchase from a willing seller for fair market value.

(b)

Use of easements

To the maximum extent practicable and only with the approval of the landowner, the Secretary may use permanent conservation easements to acquire an interest in land in the Monument rather than acquiring fee simple title to the land.

(c)

Incorporation of acquired land and interests in land

Any land or interest in land within the boundaries of the Monument that is acquired by the United States after the date of enactment of this title shall be added to and administered as part of the Monument.

(d)

Donated and acquired land

(1)

In general

All land within the boundary of the Monument donated to the United States or acquired using amounts from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5) before, on, or after the date of enactment of this title—

(A)

is withdrawn from mineral entry;

(B)

shall be managed in accordance with section 1904; and

(C)

shall be managed consistent with the purposes of the Monument described in section 1302(b).

(2)

Effect on monument

Land within the boundary of the Monument that is contiguous to land donated to the United States or acquired using amounts from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5) shall be managed in a manner consistent with conservation purposes, subject to applicable law.

1306.

Advisory Committee

(a)

In general

The Secretary shall establish an advisory committee for the Monument, the purpose of which is to advise the Secretary with respect to the preparation and implementation of the management plan required by section 1303(g).

(b)

Membership

To the extent practicable, the advisory committee shall include the following members, to be appointed by the Secretary:

(1)

A representative with expertise in natural science and research selected from a regional university or research institute.

(2)

A representative of the California Natural Resources Agency.

(3)

A representative of the California Public Utilities Commission.

(4)

A representative of the County of San Bernardino, California.

(5)

A representative of each of the cities of Barstow, Needles, Twentynine Palms, and Yucca Valley, California.

(6)

A representative of each of the Colorado River, Fort Mojave, and the Chemehuevi Indian tribes.

(7)

A representative from the Department of Defense.

(8)

A representative of the Wildlands Conservancy.

(9)

A representative of a local conservation organization.

(10)

A representative of a historical preservation organization.

(11)

A representative from each of the following recreational activities:

(A)

Off-highway vehicles.

(B)

Hunting.

(C)

Rockhounding.

(c)

Terms

(1)

In general

In appointing members under paragraphs (1) through (11) of subsection (b), the Secretary shall appoint 1 primary member and 1 alternate member that meets the qualifications described in each of those paragraphs.

(2)

Vacancy

(A)

Primary member

A vacancy on the advisory committee with respect to a primary member shall be filled by the applicable alternate member.

(B)

Alternate member

The Secretary shall appoint a new alternate members in the event of a vacancy with respect to an alternate member of the advisory committee.

(3)

Termination

(A)

In general

The term of all members of the advisory committee shall terminate on the termination of the advisory committee under subsection (g).

(B)

New advisory committee

At the discretion of the Secretary, the Secretary may establish a new advisory committee on the termination of the advisory committee under subsection (g) to provide ongoing recommendations on the management of the Monument.

(d)

Quorum

A quorum of the advisory committee shall consist of a majority of the primary members.

(e)

Chairperson and procedures

(1)

In general

The advisory committee shall select a chairperson and vice chairperson from among the primary members of the advisory committee.

(2)

Duties

The chairperson and vice chairperson selected under paragraph (1) shall establish any rules and procedures for the advisory committee that the chairperson and vice-chairperson determine to be necessary or desirable.

(f)

Service without compensation

Members of the advisory committee shall serve without pay.

(g)

Termination

The advisory committee shall cease to exist on—

(1)

the date on which the management plan is officially adopted by the Secretary; or

(2)

at the discretion of the Secretary, a later date established by the Secretary.

1307.

Renewable energy right-of-way applications

(a)

In general

Applicants for rights-of-way for the development of solar energy facilities that have been terminated by the establishment of the Monument shall be granted the right of first refusal to apply for replacement sites that—

(1)

have not previously been encumbered by right-of-way applications; and

(2)

are located within the Solar Energy Zones designated by the Solar Energy Programmatic Environmental Impact Statement of the Department of the Interior and the Department of Energy.

(b)

Eligibility

To be eligible for a right of first refusal under subsection (a), an applicant shall have, on or before December 1, 2009—

(1)

submitted an application for a right-of-way to the Bureau of Land Management;

(2)

completed a plan of development to develop a solar energy facility on land within the Monument;

(3)

submitted cost recovery funds to the Bureau of Land Management to assist with the costs of processing the right-of-way application;

(4)

successfully submitted an application for an interconnection agreement with an electrical grid operator that is registered with the North American Electric Reliability Corporation; and

(5)
(A)

secured a power purchase agreement; or

(B)

a financially and technically viable solar energy facility project, as determined by the Director of the Bureau of Land Management.

(c)

Equivalent energy production

Each right-of-way for a replacement site granted under this section shall—

(1)

authorize the same energy production at the replacement site as had been applied for at the site that had been the subject of the terminated application; and

(2)

have—

(A)

appropriate solar insolation and geotechnical attributes; and

(B)

adequate access to existing transmission or feasible new transmission.

(d)

Existing rights-of-way applications

Nothing in this section alters, affects, or displaces primary rights-of-way applications within the Solar Energy Study Areas unless the applications are otherwise altered, affected, or displaced as a result of the Solar Energy Programmatic Environmental Impact Statement of the Department of the Interior and the Department of Energy.

(e)

Deadlines

A right of first refusal granted under this section shall only be exercisable by the later of—

(1)

the date that is 180 days after the date of enactment of this title; or

(2)

the date that is 180 days after the date of the designation of the Solar Energy Zones under the Solar Energy Programmatic Environmental Impact Statement.

(f)

Expedited application processing

The Secretary shall expedite the review of replacement site applications from eligible applicants, as described in subsection (b).

XIV

Sand to Snow National Monument

1401.

Definitions

In this title:

(1)

Map

The term map means the map entitled Boundary Map, Sand to Snow National Monument and dated October 26, 2009.

(2)

Monument

The term Monument means the Sand to Snow National Monument established by section 1402(a).

(3)

Secretaries

The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.

1402.

Establishment of the Sand to Snow National Monument

(a)

Establishment

There is designated in the State the Sand to Snow National Monument.

(b)

Purposes

The purposes of the Monument are—

(1)

to preserve the nationally significant biological, cultural, educational, geological, historic, scenic, and recreational values at the convergence of the Mojave and Colorado Desert and the San Bernardino Mountains; and

(2)

to secure the opportunity for present and future generations to experience and enjoy the magnificent vistas, wildlife, land forms, and natural and cultural resources of the Monument.

(c)

Boundaries

The Monument shall consist of the Federal land and Federal interests in land within the boundaries depicted on the map.

(d)

Map; legal descriptions

(1)

Legal description

As soon as practicable after the date of enactment of this title, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate legal descriptions of the Monument, based on the map.

(2)

Corrections

The map and legal descriptions of the Monument shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map and legal descriptions.

(3)

Availability of map

The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.

1403.

Management of the Monument

(a)

In general

The Secretary shall—

(1)

only allow uses of the Monument that—

(A)

further the purposes described in section 1402(b);

(B)

are included in the management plan developed under subsection (g); and

(C)

do not interfere with the utility rights-of-way authorized under section 1405(e); and

(2)

subject to valid existing rights, manage the Monument to protect the resources of the Monument, in accordance with—

(A)

this title;

(B)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(C)

any other applicable provisions of law.

(b)

Cooperation agreements; general authority

Consistent with the management plan and existing authorities applicable to the Monument, the Secretary may enter into cooperative agreements and shared management arrangements (including special use permits with any person (including educational institutions and Indian tribes)), for the purposes of interpreting, researching, and providing education on the resources of the Monument.

(c)

Administration of subsequently acquired land

Any land or interest in land within the boundaries of the Monument that is acquired by the Secretary of the Interior or the Secretary of Agriculture after the date of enactment of this title shall be managed by the Secretary of Agriculture or the Secretary of the Interior, respectively, in accordance with this title.

(d)

Limitations

(1)

Property rights

The establishment of the Monument does not—

(A)

affect—

(i)

any property rights of an Indian reservation, individually held trust land, or any other Indian allotments;

(ii)

any land or interests in land held by the State, any political subdivision of the State, or any special district; or

(iii)

any private property rights within the boundaries of the Monument; or

(B)

grant to the Secretary any authority on or over non-Federal land not already provided by law.

(2)

Authority

The authority of the Secretary under this title extends only to Federal land and Federal interests in land included in the Monument.

(e)

Adjacent management

(1)

In general

Nothing in this title creates any protective perimeter or buffer zone around the Monument.

(2)

Activities outside monument

The fact that an activity or use on land outside the Monument can be seen or heard within the Monument shall not preclude the activity or use outside the boundary of the Monument.

(3)

No additional regulation

Nothing in this title requires additional regulation of activities on land outside the boundary of the Monument.

(f)

Air and water quality

Nothing in this title affects the standards governing air or water quality outside the boundary of the Monument.

(g)

Management plan

(1)

In general

The Secretaries shall—

(A)

not later than 3 years after the date of enactment of this title, complete a management plan for the conservation and protection of the Monument; and

(B)

on completion of the management plan—

(i)

submit the management plan to—

(I)

the Committee on Natural Resources of the House of Representatives; and

(II)

the Committee on Energy and Natural Resources of the Senate; and

(ii)

make the management plan available to the public.

(2)

Inclusions

The management plan shall include provisions that—

(A)

provide for the conservation and protection of the Monument;

(B)

authorize the continued recreational uses of the Monument (including hiking, camping, hunting, mountain biking, sightseeing, off-highway vehicle recreation on designated routes, rockhounding, and horseback riding), if the recreational uses are consistent with this title and any other applicable law;

(C)

address the need for and, as necessary, establish plans for, the installation, construction, and maintenance of public utility energy transport facilities within rights-of-way in the Monument outside of designated wilderness areas, including provisions that require that—

(i)

the activities be conducted in a manner that minimizes the impact on Monument resources (including resources relating to the ecological, cultural, historic, and scenic viewshed of the Monument), in accordance with any other applicable law; and

(ii)

the facilities are consistent with this section and any other applicable law;

(D)

address the designation and maintenance of roads, trails, and paths in the Monument;

(E)

address regional fire management planning and coordination between the Director of the Bureau of Land Management, the Chief of the Forest Service, Riverside County, and San Bernardino County; and

(F)

address the establishment of a visitor center to serve the Monument and adjacent public land.

(3)

Preparation and implementation

(A)

Applicable law

The Secretary shall prepare and implement the management plan in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other applicable laws.

(B)

Consultation

In preparing and implementing the management plan, the Secretary shall periodically consult with—

(i)

the advisory committee established under section 1406;

(ii)

interested private property owners and holders of valid existing rights located within the boundaries of the Monument; and

(iii)

representatives of the Morongo Band of Mission Indians and other Indian tribes with historic or cultural ties to land within, or adjacent to, the Monument regarding the management of portions of the Monument that are of cultural importance to the Indian tribes.

(4)

Interim management

Except as otherwise prohibited by this Act, pending completion of the management plan for the Monument, the Secretary shall manage any Federal land and Federal interests in land within the boundary of the Monument—

(A)

consistent with the existing permitted uses of the land;

(B)

in accordance with the general guidelines and authorities of the existing management plans of the Bureau of Land Management and the Forest Service for the land; and

(C)

in a manner consistent with—

(i)

the purposes described in section 1402(b);

(ii)

the provisions of the management plan under paragraph (2); and

(iii)

applicable Federal law.

(5)

Effect of section

Nothing in this section diminishes or alters existing authorities applicable to Federal land included in the Monument.

1404.

Uses of the Monument

(a)

Use of off-Highway vehicles

(1)

In general

The use of off-highway vehicles in the Monument (including the use of off-highway vehicles for commercial touring) shall be permitted to continue on designated routes, subject to all applicable law and authorized by the management plan.

(2)

Nondesignated routes

Off-highway vehicle access shall be permitted on nondesignated routes and trails in the Monument—

(A)

for administrative purposes;

(B)

to respond to an emergency; or

(C)

as authorized under the management plan.

(3)

Inventory

Not later than 2 years after the date of enactment of this title, the Director of the Bureau of Land Management shall complete an inventory of all existing routes in the Monument.

(b)

Hunting, trapping, and fishing

(1)

In general

Except as provided in paragraph (2), the Secretary shall permit hunting, trapping, and fishing within the Monument in accordance with applicable Federal and State laws (including regulations) as of the date of enactment of this title.

(2)

Trapping

No amphibians or reptiles may be collected within the Monument.

(3)

Regulations

The Secretary, after consultation with the California Department of Fish and Game, may issue regulations designating zones where, and establishing periods during which, no hunting, trapping, or fishing shall be permitted in the Monument for reasons of public safety, administration, resource protection, or public use and enjoyment.

(c)

Access to State and private land

The Secretary shall provide adequate access to each owner of non-Federal land or interests in non-Federal land within the boundary of the Monument to ensure the reasonable use and enjoyment of the land or interest by the owner.

(d)

Limitations

(1)

Commercial enterprises

Except as provided in paragraphs (2) and (3), or as required for the maintenance, upgrade, expansion, or development of energy transport facilities in the corridors described in subsection (e), no commercial enterprises shall be authorized within the boundary of the Monument after the date of enactment of this title.

(2)

Authorized exceptions

The Secretary may authorize exceptions to paragraph (1) if the Secretary determines that the commercial enterprises would further the purposes described in section 1402(b).

(3)

Transmission and telecommunication facilities

This subsection does not apply to—

(A)

transmission and telecommunication facilities that are owned or operated by a utility subject to regulation by the Federal Government or a State government or a State utility with a service obligation (as those terms are defined in section 217 of the Federal Power Act (16 U.S.C. 824q)); or

(B)

commercial vehicular touring enterprises within the Monument that operate on designated routes.

(e)

Utility rights-of-Way

(1)

In general

Nothing in this Act precludes, prevents, or inhibits the maintenance, upgrade, expansion, or development of energy transport facilities within the Monument that are critical to reducing the effects of climate change on the environment.

(2)

Right-of-way

To the maximum extent practicable—

(A)

the Secretary shall permit rights of way and alignments that best protect the values and resources of the Monument described in section 1402(b); and

(B)

the Secretary shall ensure that existing rights-of-way and utility corridors within the Monument are fully utilized before permitting new rights-of-way or designating new utility corridors within the Monument.

(3)

Effect on existing facilities and rights-of-way

Nothing in this section terminates or limits—

(A)

any valid right-of-way in existence within the Monument on the date of enactment of this title (including customary operation, maintenance, repair, or replacement activities in a right-of-way); or

(B)

a right-of-way authorization issued on the expiration or the assignment of an existing right-of-way authorization described in subparagraph (A).

(4)

Upgrading and expansion of existing rights-of-way

Nothing in this subsection prohibits the upgrading (including the construction or replacement), expansion, or assignment of an existing utility transmission line for the purpose of increasing the capacity of—

(A)

a transmission line in existing rights-of-way; or

(B)

a right-of-way issued, granted, or permitted by the Secretary that is contiguous or adjacent to existing transmission line rights-of-way.

(5)

New rights-of-way

(A)

In general

Any new rights-of-way or new uses within existing rights-of-way shall, subject to subparagraph (B), require review and approval under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(B)

Approval

New uses under subparagraph (A) shall only be approved if the head of the applicable lead Federal agency, in consultation with other applicable agencies, determine that the uses are consistent with—

(i)

this title;

(ii)

other applicable laws;

(iii)

the purposes of the Monument described in section 1402(b); and

(iv)

the management plan for the Monument.

(6)

Effect on energy transport corridors

Nothing in this subsection diminishes the utility of energy transport corridors located within the Monument designated by a record of decision—

(A)

to provide locations for—

(i)

electric transmission facilities that improve reliability, relieve congestion, and enhance the national grid; and

(ii)

oil, gas, and hydrogen pipelines; and

(B)

to provide locations for electric transmission facilities that—

(i)

promote renewable energy generation;

(ii)

otherwise further the interest of the United States if the transmission facilities are identified as critical in law or through a regional transmission planning process; or

(iii)

consist of high-voltage transmission facilities critical to the purposes described in clause (i) or (ii).

(7)

Land use planning

In conducting land use planning for the Monument, the Secretary—

(A)

shall consider the existing locations of the corridors described in paragraph (6); and

(B)

subject to paragraph (8), may amend the location of any energy corridors to comply with purposes of the Monument if the amended corridor—

(i)

provides connectivity across the landscape that is equivalent to the connectivity provided by the existing location;

(ii)

meets the criteria established by—

(I)

section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926); and

(II)

the record of decision for the applicable corridor; and

(iii)

does not impair or restrict the uses of existing rights-of-way.

(8)

Consultation required

Before amending a corridor under paragraph (7)(B), the Secretary shall consult with all interested parties (including the persons identified in section 368(a) of the Energy Policy Act of 2005 (42 U.S.C. 15926(a))), in accordance with applicable laws (including regulations).

(f)

Overflights

Nothing in this title or the management plan restricts or precludes—

(1)

overflights (including low-level overflights) of military, commercial, and general aviation aircraft that can be seen or heard within the Monument;

(2)

the designation or creation of new units of special use airspace; or

(3)

the establishment of military flight training routes over the Monument.

(g)

Withdrawals

(1)

In general

Subject to valid existing rights and except as provided in paragraph (2), the Federal land and interests in Federal land included within the Monument are withdrawn from—

(A)

all forms of entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the public land mining laws;

(C)

operation of the mineral leasing, geothermal leasing, and mineral materials laws; and

(D)

energy development and power generation.

(2)

Exchange

Paragraph (1) does not apply to an exchange that the Secretary determines would further the protective purposes of the Monument.

(h)

Access to renewable energy facilities

(1)

In general

Subject to paragraph (2), the Secretary may allow new right-of-ways within the Monument to provide reasonable vehicular access to renewable energy project sites outside the boundaries of the Monument.

(2)

Restrictions

To the maximum extent practicable, the rights-of-way shall be designed and sited to be consistent with the purposes of the Monument described in section 1402(b).

1405.

Acquisition of land

(a)

In general

The Secretary may acquire for inclusion in the Monument any land or interests in land within the boundary of the Monument owned by the State, units of local government, Indian tribes, or private individuals only by—

(1)

donation;

(2)

exchange with a willing party; or

(3)

purchase from a willing seller for fair market value.

(b)

Use of easements

To the maximum extent practicable and only with the approval of the landowner, the Secretary may use permanent conservation easements to acquire an interest in land in the Monument rather than acquiring fee simple title to the land.

(c)

Incorporation of acquired land and interests in land

Any land or interest in land within the boundaries of the Monument that is acquired by the United States after the date of enactment of this title shall be added to and administered as part of the Monument.

(d)

Donated and acquired land

(1)

In general

All land within the boundary of the Monument donated to the United States or acquired using amounts from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5) before, on, or after the date of enactment of this title—

(A)

is withdrawn from mineral entry;

(B)

shall be managed in accordance with section 1904; and

(C)

shall be managed consistent with the purposes of the Monument described in section 1402(b).

(2)

Effect on monument

Land within the boundary of the Monument that is contiguous to land donated to the United States or acquired using amounts from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5) shall be managed in a manner consistent with conservation purposes, subject to applicable law.

1406.

Advisory Committee

(a)

In general

The Secretary shall establish an advisory committee for the Monument, the purpose of which is to advise the Secretary with respect to the preparation and implementation of the management plan required by section 1403(g).

(b)

Membership

To the extent practicable, the advisory committee shall include the following members, to be appointed by the Secretary:

(1)

A representative with expertise in natural science and research selected from a regional university or research institute.

(2)

A representative of the Department of Defense.

(3)

A representative of the California Natural Resources Agency.

(4)

A representative of each of San Bernardino and Riverside Counties, California.

(5)

A representative of each of the cities of Desert Hot Springs and Yucca Valley, California.

(6)

A representative of the Morongo Band of Mission Indians.

(7)

A representative of the Friends of Big Morongo Preserve.

(8)

A representative of the Wildlands Conservancy.

(9)

A representative of the Coachella Valley Mountains Conservancy.

(10)

A representative of the San Gorgonio Wilderness Association.

(11)

A representative of the Morongo Basin Community Services District.

(12)

A representative from each of the following recreational activities:

(A)

Off-highway vehicles.

(B)

Hunting.

(C)

Rockhounding.

(c)

Terms

(1)

In general

In appointing members under paragraphs (1) through (12) of subsection (b), the Secretary shall appoint 1 primary member and 1 alternate member that meets the qualifications described in each of those paragraphs.

(2)

Vacancy

(A)

Primary member

A vacancy on the advisory committee with respect to a primary member shall be filled by the applicable alternate member.

(B)

Alternate member

The Secretary shall appoint a new alternate members in the event of a vacancy with respect to an alternate member of the advisory committee.

(3)

Termination

(A)

In general

The term of all members of the advisory committee shall terminate on the termination of the advisory committee under subsection (g).

(B)

New advisory committee

At the discretion of the Secretary, the Secretary may establish a new advisory committee on the termination of the advisory committee under subsection (g) to provide ongoing recommendations on the management of the Monument.

(d)

Quorum

A quorum of the advisory committee shall consist of a majority of the primary members.

(e)

Chairperson and procedures

(1)

In general

The advisory committee shall select a chairperson and vice chairperson from among the primary members of the advisory committee.

(2)

Duties

The chairperson and vice chairperson selected under paragraph (1) shall establish any rules and procedures for the advisory committee that the chairperson and vice-chairperson determine to be necessary or desirable.

(f)

Service without compensation

Members of the advisory committee shall serve without pay.

(g)

Termination

The advisory committee shall cease to exist on—

(1)

the date on which the management plan is officially adopted by the Secretary; or

(2)

at the discretion of the Secretary, a later date established by the Secretary.

XV

Wilderness

1501.

Designation of wilderness areas

(a)

Designation of wilderness areas To be administered by the Bureau of Land Management

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the following land in the State is designated as wilderness areas and as components of the National Wilderness Preservation System:

(1)

Avawatz mountains wilderness

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 86,614 acres, as generally depicted on the map entitled Avawatz Mountains Proposed Wilderness and dated July 15, 2009, to be known as the Avawatz Mountains Wilderness.

(2)

Golden valley wilderness

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 21,633 acres, as generally depicted on the map entitled Golden Valley Proposed Wilderness and dated July 15, 2009, which shall be considered to be part of the Golden Valley Wilderness.

(3)

Great falls basin wilderness

(A)

In general

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 7,871 acres, as generally depicted on the map entitled Great Falls Basin Proposed Wilderness and dated October 26, 2009, to be known as the Great Falls Basin Wilderness.

(B)

Limitations

Designation of the wilderness under subparagraph (A) shall not establish a Class I Airshed under the Clean Air Act (42 U.S.C. 7401 et seq.).

(4)

Kingston range wilderness

Certain land in the Conservation Area administered by the Bureau of Land Management, comprising approximately 53,321 acres, as generally depicted on the map entitled Kingston Range Proposed Wilderness Additions and dated July 15, 2009, which shall be considered to be a part of as the Kingston Range Wilderness.

(5)

Soda mountains wilderness

Certain land in the Conservation Area, administered by the Bureau of Land Management, comprising approximately 79,376 acres, as generally depicted on the map entitled Soda Mountains Proposed Wilderness and dated October 26, 2009, to be known as the Soda Mountains Wilderness.

(b)

Designation of wilderness areas To be administered by the National Park Service

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the following land in the State is designated as wilderness areas and as components of the National Wilderness Preservation System:

(1)

Death valley national park wilderness additions

Certain land in the Conservation Area administered by the Director of the National Park Service, comprising approximately 59,264 acres, as generally depicted on the map entitled Death Valley National Park Additions and dated October 1, 2009, which shall be considered to be a part of the Death Valley National Park Wilderness.

(2)

Bowling alley wilderness

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 30,888 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area, numbered 143/100080, and dated June 2009, which shall be considered to be a part of the Death Valley National Park Wilderness.

(c)

Designation of wilderness area To be administered by the Forest Service

(1)

In general

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the land in the State described in paragraph (2) is designated as a wilderness area and as a component of the National Wilderness Preservation System.

(2)

Description of land

The land referred to in paragraph (1) is certain land in the San Bernardino National Forest, comprising approximately 7,141 acres, as generally depicted on the map entitled Proposed Sand to Snow National Monument and dated October 26, 2009, which shall considered to be a part of the San Gorgonio Wilderness.

1502.

Management

(a)

Adjacent management

(1)

In General

Nothing in this title creates any protective perimeter or buffer zone around the wilderness areas designated by section 1501.

(2)

Activities outside wilderness areas

(A)

In general

The fact that an activity (including military activities) or use on land outside a wilderness area designated by section 1501 can be seen or heard within the wilderness area shall not preclude or restrict the activity or use outside the boundary of the wilderness area.

(B)

Effect on nonwilderness activities

(i)

In general

In any permitting proceeding (including a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) conducted with respect to a project described in clause (ii) that is formally initiated through a notice in the Federal Register before December 31, 2013, the consideration of any visual, noise, or other impacts of the project on a wilderness area designated by section 1501 shall be conducted based on the status of the area before designation as wilderness.

(ii)

Description of projects

A project referred to in clause (i) is a renewable energy project—

(I)

for which the Bureau of Land Management has received a right-of-way use application on or before the date of enactment of this Act; and

(II)

that is located outside the boundary of a wilderness area designated by section 1501.

(3)

No additional regulation

Nothing in this title requires additional regulation of activities on land outside the boundary of the wilderness areas.

(4)

Effect on military operations

Nothing in this Act alters any authority of the Secretary of Defense to conduct any military operations at desert installations, facilities, and ranges of the State that are authorized under any other provision of law.

(b)

Maps; legal descriptions

(1)

In general

As soon as practicable after the date of enactment of this title, the Secretary shall file a map and legal description of each wilderness area and wilderness addition designated by section 1501 with—

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(2)

Force of law

A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct errors in the maps and legal descriptions.

(3)

Public availability

Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary.

(c)

Administration

Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by section 1501 shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this title.

1503.

Release of wilderness study areas

(a)

Finding

Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addition by section 1501 or any other Act enacted before the date of enactment of this title has been adequately studied for wilderness.

(b)

Description of study areas

The study areas referred to in subsection (a) are—

(1)

the Cady Mountains Wilderness Study Area;

(2)

the Great Falls Basin Wilderness Study Area; and

(3)

the Soda Mountains Wilderness Study Area.

(c)

Release

Any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addition by section 1501 is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).

XVI

Designation of special management area

1601.

Definitions

In this title:

(1)

Management area

The term Management Area means the Vinagre Wash Special Management Area.

(2)

Map

The term map means the map entitled Vinagre Wash Special Management Area-Proposed and dated November 10, 2009.

(3)

Public land

The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(4)

Secretary

The term Secretary means the Secretary of the Interior.

1602.

Establishment of the Vinagre Wash Special Management Area

(a)

Establishment

There is established the Vinagre Wash Special Management Area in the State, to be managed by the El Centro Field Office and the Yuma Field Office of the Bureau of Land Management.

(b)

Purpose

The purpose of the Management Area is to conserve, protect, and enhance—

(1)

the plant and wildlife values of the Management Area; and

(2)

the outstanding and nationally significant ecological, geological, scenic, recreational, archaeological, cultural, historic, and other resources of the Management Area.

(c)

Boundaries

The Management Area shall consist of the public land in Imperial County, California, comprising approximately 74,714 acres, as generally depicted on the map.

(d)

Map; legal description

(1)

In general

As soon as practicable, but not later than 3 years, after the date of enactment of this title, the Secretary shall submit a map and legal description of the Management Area to—

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(2)

Effect

The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any errors in the map and legal description.

(3)

Availability

Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in—

(A)

the Office of the Director of the Bureau of Land Management; and

(B)

the appropriate office of the Bureau of Land Management in the State.

1603.

Management

(a)

In general

The Secretary shall allow hiking, camping, hunting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated routes in the Management Area in a manner that—

(1)

is consistent with the purpose of the Management Area described in section 1602(b);

(2)

ensures public health and safety; and

(3)

is consistent with applicable law.

(b)

Off-Highway vehicle use

(1)

In general

Subject to paragraphs (2) and (3) and all other applicable laws, the use of off-highway vehicles shall be permitted on routes in the Management Area generally depicted on the map.

(2)

Closure

The Secretary may temporarily close or permanently reroute a portion of a route described in paragraph (1)—

(A)

to prevent, or allow for restoration of, resource damage;

(B)

to protect tribal cultural resources, including the resources identified in the tribal cultural resources management plan developed under section 1905(c);

(C)

to address public safety concerns; or

(D)

as otherwise required by law.

(3)

Designation of additional routes

During the 3–year period beginning on the date of enactment of this title, the Secretary—

(A)

shall accept petitions from the public regarding additional routes for off-highway vehicles; and

(B)

may designate additional routes that the Secretary determines—

(i)

would provide significant or unique recreational opportunities; and

(ii)

are consistent with the purposes of the Management Area.

(c)

Withdrawal

Subject to valid existing rights, all Federal land within the Management Area is withdrawn from—

(1)

all forms of entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

right-of-way, leasing, or disposition under all laws relating to—

(A)

minerals; or

(B)

solar, wind, and geothermal energy.

(d)

No buffers

The establishment of the Management Area shall not—

(1)

create a protective perimeter or buffer zone around the Management Area; or

(2)

preclude uses or activities outside the Management Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Management Area.

(e)

Notice of available routes

The Secretary shall ensure that visitors to the Management Area have access to adequate notice relating to the availability of designated routes in the Management Area through—

(1)

the placement of appropriate signage along the designated routes;

(2)

the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate; and

(3)

restoration of areas that are not designated as open routes, including vertical mulching.

(f)

Stewardship

The Secretary, in consultation with Indian tribes and other interests, shall develop a program to provide opportunities for monitoring and stewardship of the Management Area to minimize environmental impacts and prevent resource damage from recreational use, including volunteer assistance with—

(1)

route signage;

(2)

restoration of closed routes;

(3)

protection of Management Area resources; and

(4)

recreation education.

(g)

Protection of tribal cultural resources

Not later than 2 years after the date of enactment of this title, the Secretary, in accordance with the National Historic Preservation Act (16 U.S.C. 470 et seq.) and any other applicable law, shall—

(1)

prepare and complete a tribal cultural resources survey of the Management Area; and

(2)

consult with the Quechan Indian Nation and other Indian tribes demonstrating ancestral, cultural, or other ties to the resources within the Management Area on the development and implementation of the tribal cultural resources survey under paragraph (1).

1604.

Potential wilderness

(a)

Protection of wilderness character

(1)

In general

The Secretary shall manage the Federal land in the Management Area described in paragraph (2) in a manner that preserves the character of the land for the eventual inclusion of the land in the National Wilderness Preservation System.

(2)

Description of land

The Federal land described in this paragraph is—

(A)

the approximately 9,160 acres of land, as generally depicted on the map entitled Indian Pass Wilderness Additions-Proposed and dated November 10, 2009;

(B)

the approximately 17,436 acres of land, as generally depicted on the map entitled Milpitas Wash Wilderness Area-Proposed and dated November 10, 2009;

(C)

the approximately 13,647 acres of land, as generally depicted on the map entitled Buzzard Peak Wilderness Area-Proposed and dated November 10, 2009; and

(D)

the approximately 8,090 acres of land, as generally depicted on the map entitled Palo Verde Mountain Wilderness Additions-Proposed and dated November 10, 2009.

(3)

Use of land

(A)

Military uses

The Secretary shall manage the Federal land in the Management Area described in paragraph (2) in a manner that is consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), except that the Secretary may authorize use of the land by the Secretary of the Navy for Naval Special Warfare Tactical Training, including long-range small unit training and navigation, vehicle concealment, and vehicle sustainment training, in accordance with applicable Federal laws.

(B)

Prohibited uses

The following shall be prohibited on the Federal land described in paragraph (2):

(i)

Permanent roads.

(ii)

Commercial enterprises.

(iii)

Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety—

(I)

the use of mechanized vehicles; and

(II)

the establishment of temporary roads.

(4)

Wilderness designation

(A)

In general

The Federal land described in paragraph (2) shall be designated as wilderness and as a component of the National Wilderness Preservation System on the date on which the Secretary, in consultation with the Secretary of Defense, publishes a notice in the Federal Register that all activities on the Federal land that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have terminated.

(B)

Designation

On designation of the Federal land under clause (i)—

(i)

the land described in paragraph (2)(A) shall be incorporated in, and shall be considered to be a part of, the Indian Pass Wilderness;

(ii)

the land described in paragraph (2)(B) shall be designated as the Milpitas Wash Wilderness;

(iii)

the land described in paragraph (2)(C) shall be designated as the Buzzard Peak Wilderness; and

(iv)

the land described in paragraph (2)(D) shall be incorporated in, and shall be considered to be a part of, the Palo Verde Mountains Wilderness.

(b)

Administration of wilderness

Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by this title shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.).

XVII

National Park System additions

1701.

Death Valley National Park boundary revision

(a)

In general

The boundary of Death Valley National Park is adjusted to include—

(1)

the approximately 33,041 acres of Bureau of Land Management land abutting the southern end of the Death Valley National Park that lies between Death Valley National Park to the north and Ft. Irwin Military Reservation to the south and which runs approximately 34 miles from west to east, as depicted on the map entitled Death Valley National Park Proposed Boundary Addition, numbered 143/100,080, and dated June 2009;

(2)

the approximately 6,379 acres of Bureau of Land Management land in Inyo County, California, located in the northeast area of Death Valley National Park that is within, and surrounded by, land under the jurisdiction of the Director of the National Park Service, as depicted on the map entitled Proposed Crater Mine Area Addition to Death Valley National Park, numbered 143/100,079, and dated June 2009; and

(3)
(A)

on transfer of title to the private land to the National Park Service, the approximately 280 acres of private land in Inyo County, California, located adjacent to the southeastern boundary of Death Valley National Park, as depicted on the map entitled Proposed Ryan Camp Addition to Death Valley National Park, numbered 143/100,097, and dated June 2009; and

(B)

the approximately 1,040 acres of Bureau of Land Management land contiguous to the private land described in subparagraph (A), as depicted on the map entitled Proposed Ryan Camp Addition to Death Valley National Park, numbered 143/100,097, and dated June 2009.

(b)

Availability of map

The maps described in paragraphs (1), (2), and (3) of subsection (a) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(c)

Administration

The Secretary of the Interior (referred to in this section as the Secretary) shall—

(1)

administer any land added to Death Valley National Park under subsection (a)—

(A)

as part of Death Valley National Park; and

(B)

in accordance with applicable laws (including regulations); and

(2)

not later than 180 days after the date of enactment of this title, develop a memorandum of understanding with Inyo County, California, permitting ongoing access and use to existing gravel pits along Saline Valley Road within Death Valley National Park for road maintenance and repairs in accordance with applicable laws (including regulations).

1702.

Mojave National Preserve

(a)

In general

The boundary of the Mojave National Preserve is adjusted to include—

(1)

the 29,221 acres of Bureau of Land Management land that is surrounded by the Mojave National Preserve to the northwest, west, southwest, south, and southeast and by the Nevada State line on the northeast boundary, as depicted on the map entitled Proposed Castle Mountain Addition to the Mojave National Preserve, numbered 170/100,075, and dated August 2009; and

(2)

the 25 acres of Bureau of Land Management land in Baker, California, as depicted on the map entitled Mojave National Preserve–Proposed Boundary Addition, numbered 170/100,199, and dated August 2009.

(b)

Availability of maps

The maps described in subsection (a) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(c)

Administration

The Secretary shall administer any land added to Mojave National Preserve under subsection (a)—

(1)

as part of the Mojave National Preserve; and

(2)

in accordance with applicable laws (including regulations).

1703.

Joshua Tree National Park boundary revision

(a)

In general

The boundary of the Joshua Tree National Park is adjusted to include the 2,879 acres of land managed by Director of the Bureau of Land Management that are contiguous at several different places to the northern boundaries of Joshua Tree National Park in the northwest section of the Park, as depicted on the map entitled Joshua Tree National Park Proposed Boundary Additions, numbered 156/100,007, and dated June 2009.

(b)

Availability of map

The map described in subsection (a) and the map depicting the 25 acres described in subsection (c)(2) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(c)

Administration

(1)

In general

The Secretary shall administer any land added to the Joshua Tree National Park under subsection (a) and the additional land described in paragraph (2)—

(A)

as part of Joshua Tree National Park; and

(B)

in accordance with applicable laws (including regulations).

(2)

Description of additional land

The additional land referred to in paragraph (1) is the 25 acres of land—

(A)

depicted on the map entitled Joshua Tree National Park Boundary Adjustment Map, numbered 156/80,049, and dated April 1, 2003;

(B)

added to Joshua Tree National Park by the notice of the Department Interior of August 28, 2003 (68 Fed. Reg. 51799); and

(C)

more particularly described as lots 26, 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino Meridian.

1704.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this title.

XVIII

Off-highway vehicle recreation areas

1801.

Designation of off-highway vehicle recreation areas

(a)

Designation

In accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and resource management plans developed under this title and subject to valid existing rights, the following land within the Conservation Area in San Bernardino County, California, is designated as Off-Highway Vehicle Recreation Areas:

(1)

El mirage off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 25,600 acres, as generally depicted on the map entitled El Mirage Off-Highway Vehicle Recreation Area and dated July 15, 2009, which shall be known as the El Mirage Off-Highway Vehicle Recreation Area.

(2)

Johnson valley off-highway vehicle recreation area

(A)

In general

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 180,000 acres, as generally depicted on the map entitled Johnson Valley Off-Highway Vehicle Recreation Area and dated July 15, 2009, which shall be known as the Johnson Valley Off-Highway Vehicle Recreation Area.

(B)

Exclusions

(i)

In general

Subject to clause (iii), the land described in clause (ii) shall be excluded from the Johnson Valley Off-Highway Vehicle Recreation Area to permit the Secretary of the Navy to study the land for—

(I)

withdrawal in accordance with the Act of February 28, 1958 (43 U.S.C. 155 et seq.); and

(II)

potential inclusion in the Marine Corps Air Ground Combat Center at Twentynine Palms, California, for national defense purposes.

(ii)

Study area

The land referred to in clause (i) is the land that—

(I)

is described in—

(aa)

the notice of the Bureau of Land Management of September 15, 2008 entitled Notice of Proposed Legislative Withdrawal and Opportunity for Public Meeting; California (73 Fed. Reg. 53269); or

(bb)

any subsequent notice in the Federal Register that is related to the notice described in item (aa); and

(II)

has been segregated by the Director of the Bureau of Land Management.

(iii)

Incorporation in off-highway vehicle recreation area

After action by the Secretary of Defense and Congress regarding the withdrawal under subparagraph (A), any land within the study area that is not withdrawn shall be incorporated into the Johnson Valley Off-Highway Vehicle Recreation Area.

(C)

Joint use of certain land

The Secretary of Defense shall consider a potential joint use area within the Johnson Valley Off-Highway Vehicle Recreation Area as part of the environmental impact statement of the Department of Defense that would allow for continued recreational opportunities on the joint use area during periods in which—

(i)

the joint use area is not needed for military training activities; and

(ii)

public safety can be ensured.

(D)

Military access for administrative purposes

In cooperation with the Secretary of the Interior, the Secretary of the Navy may, after notifying the Secretary of the Interior, access the Johnson Valley Off-Highway Vehicle Recreation Area for national defense purposes supporting military training (including military range management and exercise control activities).

(3)

Rasor off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 22,400 acres, as generally depicted on the map entitled Rasor Off-Highway Vehicle Recreation Area and dated July 15, 2009, which shall be known as the Rasor Off-Highway Vehicle Recreation Area.

(4)

Spangler hills off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 62,080 acres, as generally depicted on the map entitled Spangler Hills Off-Highway Vehicle Recreation Area and dated July 15, 2009, which shall be known as the Spangler Off-Highway Vehicle Recreation Area.

(5)

Stoddard valley off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 54,400 acres, as generally depicted on the map entitled Stoddard Valley Off-Highway Vehicle Recreation Area and dated July 15, 2009, which shall be known as the Stoddard Valley Off-Highway Vehicle Recreation Area.

(b)

Purpose

The purpose of the off-highway vehicle recreation areas designated under subsection (a) is to preserve and enhance the recreational opportunities within the Conservation Area (including opportunities for off-highway vehicle recreation), while conserving the wildlife and other natural resource values of the Conservation Area.

(c)

Maps and descriptions

(1)

Preparation and submission

As soon as practicable after the date of enactment of this title, the Secretary shall file a map and legal description of each off-highway vehicle recreation area designated by subsection (a) with—

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(2)

Legal effect

The map and legal descriptions of the off-highway vehicle recreation areas filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct errors in the map and legal descriptions.

(3)

Public availability

Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate offices of the Bureau of Land Management.

(d)

Use of the land

(1)

Recreational activities

(A)

In general

The Secretary shall continue to authorize, maintain, and enhance the recreational uses of the off-highway vehicle recreation areas designated by subsection (a), including off-highway recreation, hiking, camping, hunting, mountain biking, sightseeing, rockhounding, and horseback riding, as long as the recreational use is consistent with this section and any other applicable law.

(B)

Off-highway vehicle and off-highway recreation

To the extent consistent with applicable Federal law (including regulations) and this section, any authorized recreation activities and use designations in effect on the date of enactment of this title and applicable to the off-highway vehicle recreation areas designated by subsection (a) shall continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation.

(2)

Wildlife guzzlers

Wildlife guzzlers shall be allowed in the off-highway vehicle recreation areas designated by subsection (a) in accordance with applicable Bureau of Land Management guidelines.

(3)

Prohibited uses

Residential and commercial development (including development of mining and energy facilities, but excluding transmission line rights-of-way and related telecommunication facilities) shall be prohibited in the off-highway vehicle recreation areas designated by subsection (a) if the Secretary determines that the development is incompatible with the purpose described in subsection (b).

(e)

Administration

(1)

In general

The Secretary shall administer the off-highway vehicle recreation areas designated by subsection (a) in accordance with—

(A)

this title;

(B)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(C)

any other applicable laws (including regulations).

(2)

Management plan

(A)

In general

As soon as practicable, but not later than 3 years after the date of enactment of this title, the Secretary shall—

(i)

amend existing resource management plans applicable to the land designated as off-highway vehicle recreation areas under subsection (a); or

(ii)

develop new management plans for each off-highway vehicle recreation area designated under that subsection.

(B)

Requirements

All new or amended plans under subparagraph (A) shall be designed to preserve and enhance safe off-highway vehicle and other recreational opportunities within the applicable recreation area consistent with—

(i)

the purpose described in subsection (b); and

(ii)

any applicable laws (including regulations).

(C)

Interim plans

Pending completion of a new management plan under subparagraph (A), the existing resource management plans shall govern the use of the applicable off-highway vehicle recreation area.

(f)

Study

(1)

In general

As soon as practicable, but not later than 2 years, after the date of enactment of this title, the Secretary shall complete a study to identify Bureau of Land Management land adjacent to the off-highway vehicle recreation areas designated by subsection (a) that is suitable for addition to the off-highway vehicle recreation areas.

(2)

Requirements

In preparing the study under paragraph (1), the Secretary shall—

(A)

seek input from stakeholders, including—

(i)

the State;

(ii)

San Bernardino County, California;

(iii)

the public;

(iv)

recreational user groups; and

(v)

conservation organizations;

(B)

explore the feasibility of expanding the southern boundary of the off-highway vehicle recreation area described in subsection (a)(4) to include previously disturbed land;

(C)

identify and exclude from consideration any land that—

(i)

is managed for conservation purposes;

(ii)

may be suitable for renewable energy development; or

(iii)

may be necessary for energy transmission; and

(D)

not recommend or approve expansion areas that collectively would exceed the total acres administratively designated for off-highway recreation within the Conservation Area as of the date of enactment of this title.

(3)

Applicable law

The Secretary shall consider the information and recommendations of the study completed under paragraph (1) to determine the impacts of expanding off-highway vehicle recreation areas designated by subsection (a) on the Conservation Area, in accordance with—

(A)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(C)

any other applicable law.

(4)

Submission to congress

On completion of the study under paragraph (1), the Secretary shall submit the study to—

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(5)

Authorization for expansion

(A)

In general

On completion of the study under paragraph (1) and in accordance with all applicable laws (including regulations), the Secretary shall authorize the expansion of the off-highway vehicle recreation areas recommended under the study.

(B)

Management

Any land within the expanded areas under subparagraph (A) shall be managed in accordance with this section.

XIX

Miscellaneous

1901.

State land transfers and exchanges

(a)

Transfer of land to Anza-Borrego Desert State Park

(1)

In general

On termination of all mining claims to the land described in paragraph (2), the Secretary shall transfer the land described in that paragraph to the State.

(2)

Description of land

The land referred to in paragraph (1) is certain Bureau of Land Management land in San Diego County, California, comprising approximately 934 acres, as generally depicted on the 2 maps entitled Anza-Borrego Desert State Park Additions-Table Mountain Wilderness Study Area and dated July 15, 2009.

(3)

Management

(A)

In general

The land transferred under paragraph (1) shall be managed in accordance with the provisions of the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40).

(B)

Withdrawal

Subject to valid existing rights, the land transferred under paragraph (1) is withdrawn from—

(i)

all forms of entry, appropriation, or disposal under the public land laws;

(ii)

location, entry, and patent under the mining laws; and

(iii)

disposition under all laws relating to mineral and geothermal leasing.

(C)

Reversion

If the State ceases to manage the land transferred under paragraph (1) as part of the State Park System or in a manner inconsistent with the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40), the land shall revert to the Secretary, to be managed as a Wilderness Study Area.

(b)

Land exchanges

(1)

In general

The Secretary shall, in consultation and cooperation with the California State Lands Commission (referred to in this section as the Commission), develop a process to exchange isolated parcels of State land within the Conservation Area for Federal land located in the Conservation Area or other Federal land in the State that—

(A)

is consistent with the plans described in paragraph (2); and

(B)

ensures that the conservation goals and objectives identified in those plans are not adversely impacted.

(2)

Description of plans

The plans referred to in paragraph (1) are—

(A)

the California Desert Renewable Energy Conservation Plan;

(B)

the California Desert Conservation Area Plan;

(C)

the Northern and Eastern Colorado Desert Plan; and

(D)

any other applicable plans.

(3)

Requirements

The process developed under paragraph (1) shall—

(A)

apply to all State land within the Conservation Area that is under the jurisdiction of the Commission;

(B)

prioritize the elimination of State land from units of the National Park System, national monuments, and wilderness areas;

(C)

provide the Commission with consolidated land holdings sufficient to make the land viable for commercial or recreation uses, including renewable energy development, off-highway vehicle recreation, or State infrastructure or resource needs;

(D)

establish methods to ensure that—

(i)

not later than 1 year after the date of enactment of this title, the Secretary and the Commission complete an inventory of Federal land and State land in the Conservation Area under the jurisdiction of the Secretary and the Commission, respectively, and any other Federal land and property outside the Conservation Area that is determined to be suitable for exchange consistent with paragraph (1);

(ii)

there is a public comment period of not less than 90 days with respect to—

(I)

the inventory of land under clause (i); and

(II)

any proposed land exchange under this section that involves more than 5,000 acres of Federal land;

(iii)

in preparing the inventory of Federal land suitable for exchange under clause (i), the Secretary shall use best efforts to give priority to—

(I)

land that has the potential for commercial development, including renewable energy development, such as wind and solar energy development;

(II)

the land described in section 707(b)(2); and

(III)

land located outside the boundaries of the Conservation Area (including closed military base land and land identified as surplus by the Administrator of the General Services Administration) to avoid, to the maximum extent feasible, conflicts with conservation of desert land;

(iv)

the inventory under clause (i) is updated annually by the Secretary and resubmitted to the Commission; and

(v)

the land exchanges are completed by the date that is 10 years after the date of enactment of this title; and

(E)

provide for the submission of annual reports to Congress that—

(i)

describe any progress or impediments to accomplishing the goal described in subparagraph (D)(v); and

(ii)

any recommendations for legislation to accomplish the goal.

(4)

Valuation

Notwithstanding paragraphs (2) through (5) of subsection (d) of section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), if, within 180 days after the submission of an appraisal under subsection (d)(1) of that section, the Secretary and the Commission cannot agree to accept the findings of the appraisal—

(A)

the Secretary and the Commission shall mutually agree to employ a process of bargaining or some other process to determine the values of the land involved in the exchange;

(B)

the appraisal shall be submitted to an arbiter appointed by the Secretary from a list of arbitrators submitted to the Secretary by the American Arbitration Association for arbitration; and

(C)

although the decision of the arbiter under subparagraph (B) shall be nonbinding, the decision may be used by the Secretary and the Commission as a valid appraisal for—

(i)

a period of 2 years; and

(ii)

on mutual agreement of the Secretary and the Commission, an additional 2-year period; or

(D)

on mutual agreement of the Secretary and the Commission, the valuation process shall be suspended or modified.

(5)

Treatment of land use restrictions and pending applications

For the purposes of this title—

(A)

the Secretary shall not exclude parcels from exchanges because the parcels are subject to designations or pending land use applications, including applications for the development of renewable energy;

(B)

all Federal land and State land proposed for exchange or sale shall be valued—

(i)

according to fair market value;

(ii)

in accordance with section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)); and

(iii)

without regard to—

(I)

pending land use applications;

(II)

renewable energy designations; or

(III)

any land use restrictions on adjacent land.

(6)

Cooperation agreements

The Secretary may—

(A)

enter into such joint agreements with the General Services Administration and the Commission as the Secretary determines to be necessary to facilitate land exchanges, including agreements that establish accounting mechanisms—

(i)

to be used for tracking the differential in dollar value of land conveyed in a series of transactions; and

(ii)

that, notwithstanding part 2200 of title 43, Code of Federal Regulations (or successor regulations), may carry outstanding cumulative credit balances until the completion of the land exchange process developed under paragraph (1); and

(B)

to the extent that the agreement does not conflict with this section, continue using the agreement entitled Memorandum of Agreement Between California State Lands Commission, General Services Administration, and the Department of the Interior Regarding: Implementation of the California Desert Protection Act, which became effective on November 7, 1995.

(7)

Existing law

Except as otherwise provided in this section, nothing in this section supersede or limits section 707.

(8)

State land leases

(A)

In general

The Secretary shall manage any State land described in subparagraph (B) in accordance with the terms and conditions of the applicable State lease agreement for the duration of the lease, subject to applicable laws (including regulations).

(B)

Description of State land

The State land referred to in subparagraph (A) is any State land within the Conservation Area that is subject to a lease or permit on the date of enactment of this title that is transferred to the Federal Government.

(C)

Expiration of lease

On the expiration of a State lease referred to in subparagraph (A), the Secretary shall provide lessees with the opportunity to seek Federal permits to continue the existing use of the State land without further action otherwise required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(D)

Applicable law

Except as otherwise provided in this section, any State land transferred to the United States under this section shall be managed in accordance with all laws (including regulations) and rules applicable to the public land adjacent to the transferred State land.

(c)

Twentynine Palms Marine Corp Base

(1)

In general

The Secretary and the Secretary of Defense, in consultation and in cooperation with the California State Lands Commission, shall develop a process to purchase or exchange parcels of State land within the area of expansion and land use restrictions planned for the Twentynine Palms Marine Corp Base.

(2)

Requirements

The process developed under paragraph (1) for exchanged parcels of State land shall provide the California State Lands Commission with consolidated land holdings sufficient to make the land viable for commercial or recreational uses, including renewable energy development, off-highway vehicle recreation, or State infrastructure or resource needs.

(3)

Applicable law

An exchange of land under this subsection shall be subject to the requirements of subsection (b).

(d)

Holtville Airport, Imperial County

(1)

In general

On the submission of an application by Imperial County, California, the Secretary of Transportation shall, in accordance with section 47125 of title 49, United States Code, and section 2641.1 of title 43, Code of Federal Regulations (or successor regulations) seek a conveyance from the Secretary of approximately 3,500 acres of Bureau of Land Management land adjacent to the Imperial County Holtville Airport (L04) for the purposes of airport expansion.

(2)

Segregation

The Secretary (acting through the Director of the Bureau of Land Management) shall, with respect to the land to be conveyed under paragraph (1)—

(A)

segregate the land; and

(B)

prohibit the appropriation of the land until—

(i)

the date on which a notice of realty action terminates the application; or

(ii)

the date on which a document of conveyance is published.

(e)

Needles Solar Reserve, San Bernardino County

(1)

In general

The Secretary shall grant to the Commission a right of first refusal to exchange the State land described in paragraph (2) for Bureau of Land Management land identified for disposal.

(2)

Secondary right of refusal

If the Commission declines to exchange State land for Bureau of Land Management land identified for disposal within the city limits of Needles, California, the City of Needles shall have a secondary right of refusal to acquire the land.

1902.

Military activities

Nothing in this Act—

(1)

restricts or precludes Department of Defense motorized access by land or air—

(A)

to respond to an emergency within a wilderness area designated by this Act; or

(B)

to control access to the emergency site;

(2)

prevents nonmechanized military training activities previously conducted on wilderness areas designated by this title that are consistent with—

(A)

the Wilderness Act (16 U.S.C. 1131 et seq.); and

(B)

all applicable laws (including regulations);

(3)

restricts or precludes low-level overflights of military aircraft over the areas designated as wilderness, national monuments, special management areas, or recreation areas by this Act, including military overflights that can be seen or heard within the designated areas;

(4)

restricts or precludes flight testing and evaluation in the areas described in paragraph (3); or

(5)

restricts or precludes the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the areas described in paragraph (3).

1903.

Climate change and wildlife corridors

(a)

In general

The Secretary shall—

(1)

assess the impacts of climate change on the Conservation Area; and

(2)

establish policies and procedures to ensure the preservation of wildlife corridors and facilitate species migration likely to occur due to climate change.

(b)

Study

(1)

In general

As soon as practicable, but not later than 2 years, after the date of enactment of this title, the Secretary shall complete a study regarding the impact of global climate change on the Conservation Area.

(2)

Components

The study under paragraph (1) shall—

(A)

identify the species migrating, or likely to migrate, due to climate change;

(B)

examine the impacts and potential impacts of climate change on—

(i)

plants, insects, and animals;

(ii)

soil;

(iii)

air quality;

(iv)

water quality and quantity; and

(v)

species migration and survival;

(C)

identify critical wildlife and species migration corridors recommended for preservation; and

(D)

include recommendations for ensuring the biological connectivity of public land managed by the Secretary and the Secretary of Defense throughout the Conservation Area.

(3)

Rights-of-way

The Secretary shall consider the information and recommendations of the study under paragraph (1) to determine the individual and cumulative impacts of rights-of-way for projects in the Conservation Area, in accordance with—

(A)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(C)

any other applicable law.

(c)

Land management plans

The Secretary shall incorporate into all land management plans applicable to the Conservation Area the findings and recommendations of the study completed under subsection (b).

1904.

Prohibited uses of donated and acquired land

(a)

Definitions

In this section:

(1)

Acquired land

The term acquired land means any land acquired for the Conservation Area using amounts from the Land and Water Conservation Fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5).

(2)

Donated land

The term donated land means any private land donated to the United States for conservation purposes in the Conservation Area.

(3)

Donor

The term donor means an individual or entity that donates private land within the Conservation Area to the United States.

(4)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

(b)

Prohibitions

Except as provided in subsection (c), there shall be prohibited with respect to donated land or acquired land—

(1)

disposal; or

(2)

any land use authorization that would result in appreciable damage or disturbance to the public lands, including—

(A)

rights-of-way;

(B)

leases;

(C)

livestock grazing;

(D)

infrastructure development;

(E)

mineral entry;

(F)

off-highway vehicle use, except on—

(i)

designated routes;

(ii)

off-highway vehicle areas designated by law; and

(iii)

administratively-designated open areas; and

(G)

any other activities that would create impacts contrary to the conservation purposes for which the land was donated or acquired.

(c)

Exceptions

(1)

Authorization by secretary

Subject to paragraph (2), the Secretary may authorize limited exceptions to prohibited uses of donated land or acquired land in the Conservation Area if—

(A)

an applicant has submitted a right-of-way use application to the Bureau of Land Management proposing renewable energy development on the donated land or acquired land on or before December 1, 2009; or

(B)

after the completion of an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including full public participation in the analysis, the Secretary has determined that—

(i)

the use of the donated land or acquired land is in the public interest;

(ii)

the impacts of the use are fully and appropriately mitigated; and

(iii)

the land was donated or acquired on or before December 1, 2009.

(2)

Conditions

(A)

In general

If the Secretary grants an exception to the prohibition under paragraph (1), the Secretary shall require the permittee to acquire and donate comparable private land to the United States to mitigate the use.

(B)

Approval

The private land to be donated under subparagraph (A) shall be approved by the Secretary after consultation, to the maximum extent practicable, with the donor of the private land proposed for non-conservation uses.

(d)

Existing agreements

Nothing in this section affects permitted or prohibited uses of donated land or acquired land in the Conservation Area established in any easements, deed restrictions, memoranda of understanding, or other agreements in existence on the date of enactment of this title.

(e)

Deed restrictions

The Secretary may accept deed restrictions requested by donors for land donated to the United States within the Conservation Area after the date of enactment of this title.

1905.

Tribal uses and interests

(a)

Access

The Secretary shall ensure access to areas designated under this Act by members of Indian tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996).

(b)

Temporary closure

(1)

In general

In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996), and subject to paragraph (2), the Secretary, on request of an Indian tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, or National Park System unit under this Act (referred to in this subsection as a designated area) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian tribe or Indian religious community.

(2)

Limitation

In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.

(c)

Tribal cultural resources management plan

(1)

In general

Not later than 2 years after the date of enactment of this title, the Secretary of the Interior shall develop and implement a tribal cultural resources management plan to identify, protect, and conserve cultural resources of Indian tribes associated with the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California).

(2)

Consultation

The Secretary shall consult on the development and implementation of the tribal cultural resources management plan under paragraph (1) with—

(A)

each of—

(i)

the Chemehuevi Indian Tribe;

(ii)

the Hualapai Tribal Nation;

(iii)

the Fort Mojave Indian Tribe;

(iv)

the Colorado River Indian Tribes;

(v)

the Quechan Indian Tribe; and

(vi)

the Cocopah Indian Tribe; and

(B)

the Advisory Council on Historic Preservation.

(3)

Resource protection

The tribal cultural resources management plan developed under paragraph (1) shall be—

(A)

based on a completed tribal cultural resources survey; and

(B)

include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other resources of cultural, archaeological, or historical significance in accordance with all applicable laws and policies, including—

(i)

the National Historic Preservation Act (16 U.S.C. 470 et seq.);

(ii)

Public Law 95–341 (commonly known as the American Indian Religious Freedom Act) (42 U.S.C. 1996);

(iii)

the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);

(iv)

the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and

(v)

Public Law 103–141 (commonly known as the Religious Freedom Restoration Act of 1993) (42 U.S.C. 2000bb et seq.).

(d)

Withdrawal

Subject to valid existing rights, all Federal land within the area administratively withdrawn and known as the Indian Pass Withdrawal Area is permanently withdrawn from—

(1)

all forms of entry, appropriation, or disposal under the public laws;

(2)

location, entry, and patent under the mining laws; and

(3)

right-of-way leasing and disposition under all laws relating to mineral, solar, wind, and geothermal energy.

.

(b)

Conforming amendments

(1)

Short title

Section 1 of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa note) is amended by striking 1 and 2, and titles I through IX and inserting 1, 2, and 3, titles I through IX, and titles XIII through XIX.

(2)

Definitions

The California Desert Protection Act of 1994 (Public Law 103–433; 108 Stat. 4481) is amended by inserting after section 2 the following:

3.

Definitions

In titles XIII through XIX:

(1)

Conservation area

The term Conservation Area means the California Desert Conservation Area.

(2)

Secretary

The term Secretary means—

(A)

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior; and

(B)

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture.

(3)

State

The term State means the State of California.

.

(3)

Administration of wilderness areas

Section 103 of the California Desert Protection Act of 1994 (Public Law 103–433; 108 Stat. 4481) is amended—

(A)

by striking subsection (d) and inserting the following:

(d)

No buffer zones

(1)

In general

Congress does not intend for the designation of wilderness areas by this Act—

(A)

to require the additional regulation of land adjacent to the wilderness areas; or

(B)

to lead to the creation of protective perimeters or buffer zones around the wilderness areas.

(2)

Nonwilderness activities

Any nonwilderness activities (including renewable energy projects, mining, camping, hunting, and military activities) in areas immediately adjacent to the boundary of a wilderness area designated by this Act shall not be restricted or precluded by this Act, regardless of any actual or perceived negative impacts of the nonwilderness activities on the wilderness area, including any potential indirect impacts of nonwilderness activities conducted outside the designated wilderness area on the viewshed, ambient noise level, or air quality of wilderness area.

;

(B)

in subsection (f), by striking designated by this title and inserting , potential wilderness areas, special management areas, and national monuments designated by this title or titles XIII through XIX; and

(C)

in subsection (g), by inserting , a potential wilderness area, a special management areas, or national monument before by this Act.

(4)

Mojave national preserve

Title V of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa–41 et seq.) is amended by adding at the end the following:

520.

Native groundwater supplies

The Director of the Bureau of Land Management shall not access or process any application for a right-of-way for development projects that propose to use native groundwater from aquifers adjacent to the Mojave National Preserve that individually or collectively, in combination with proposed or anticipated projects on private land, require the use of native groundwater in excess of the estimated recharge rate as determined by the United States Geological Survey.

.

(5)

Amendments to the California Military Lands Withdrawal and Overflights Act of 1994

(A)

Findings

Section 801(b)(2) of the California Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. 410aaa–82 note) is amended by inserting , national monuments, special management areas, potential wilderness areas, before and wilderness areas.

(B)

Overflights; special airspace

Section 802 of the California Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. 410aaa–82) is amended—

(i)

in subsection (a), by inserting , national monuments, or special management areas before designated by this Act;

(ii)

in subsection (b), by inserting , national monuments, or special management areas before designated by this Act; and

(iii)

by adding at the end the following:

(d)

Department of defense facilities

Nothing in this Act alters any authority of the Secretary of Defense to conduct military operations at installations and ranges within the California Desert Conservation Area that are authorized under any other provision of law.

.

102.

Designation of wild and scenic rivers

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended—

(1)

in paragraph (196), by striking subparagraph (A) and inserting the following:

(A)
(i)

The approximately 1.4-mile segment of the Amargosa River in the State of California, from the private property boundary in sec. 19, T. 22 N., R. 7 E., to 100 feet downstream of Highway 178, to be administered by the Secretary of the Interior as a scenic river as an addition to the Amargosa Wild and Scenic River on publication by the Secretary of the Interior of a notice in the Federal Register that sufficient inholdings within the boundaries of the segment have been acquired as scenic easements or in fee title to establish a manageable addition to the Amargosa Wild and Scenic River.

(ii)

The approximately 6.1-mile segment of the Amargosa River in the State of California, from 100 feet downstream of the State Highway 178 crossing to 100 feet upstream of the Tecopa Hot Springs Road crossing, to be administered by the Secretary of the Interior as a scenic river.

; and

(2)

by adding at the end the following:

(208)

Surprise canyon creek, California

(A)

In general

The following segments of Surprise Canyon Creek in the State of California, to be administered by the Secretary of the Interior:

(i)

The approximately 5.3 miles of Surprise Canyon Creek from the confluence of Frenchman’s Canyon and Water Canyon to 100-feet upstream of Chris Wicht Camp, as a wild river.

(ii)

The approximately 1.8 miles of Surprise Canyon Creek from 100 feet upstream of Chris Wicht Camp to the southern boundary of sec. 14, T. 21 N., R. 44 E., as a recreational river.

(B)

Effect on historic mining structures

Nothing in this paragraph affects the historic mining structures associated with the former Panamint Mining District.

(209)

Deep creek, California

(A)

In general

The following segments of Deep Creek in the State of California, to be administered by the Secretary of Agriculture:

(i)

The approximately 6.5-mile segment from 0.125 mile downstream of the Rainbow Dam site in sec. 33, T. 2 N., R. 2 W., to 0.25-miles upstream of the Road 3N34 crossing, as a wild river.

(ii)

The 0.5-mile segment from 0.25 mile upstream of the Road 3N34 crossing to 0.25 mile downstream of the Road 3N34 crossing, as a scenic river.

(iii)

The 2.5-mile segment from 0.25 miles downstream of the Road 3 N. 34 crossing to 0.25 miles upstream of the Trail 2W01 crossing, as a wild river.

(iv)

The 0.5-mile segment from 0.25 miles upstream of the Trail 2W01 crossing to 0.25 mile downstream of the Trail 2W01 crossing, as a scenic river.

(v)

The 10-mile segment from 0.25 miles downstream of the Trail 2W01 crossing to the upper limit of the Mojave dam flood zone in sec. 17, T. 3 N., R. 3 W., as a wild river.

(vi)

The 11-mile segment of Holcomb Creek from 100 yards downstream of the Road 3N12 crossing to .25 miles downstream of Holcomb Crossing, as a recreational river.

(vii)

The 3.5-mile segment of the Holcomb Creek from 0.25 miles downstream of Holcomb Crossing to the Deep Creek confluence, as a wild river.

(B)

Effect on ski operations

Nothing in this paragraph affects—

(i)

the operations of the Snow Valley Ski Resort; or

(ii)

the State regulation of water rights and water quality associated with the operation of the Snow Valley Ski Resort.

(210)

Whitewater river, California

The following segments of the Whitewater River in the State of California, to be administered by the Secretary of Agriculture and the Secretary of the Interior, acting jointly:

(A)

The 5.8-mile segment of the North Fork Whitewater River from the source of the River near Mt. San Gorgonio to the confluence with the Middle Fork, as a wild river.

(B)

The 6.4-mile segment of the Middle Fork Whitewater River from the source of the River to the confluence with the South Fork, as a wild river.

(C)

The 1-mile segment of the South Fork Whitewater River from the confluence of the River with the East Fork to the section line between sections 32 and 33, T. 1 S., R. 2 E., as a wild river.

(D)

The 1-mile segment of the South Fork Whitewater River from the section line between sections 32 and 33, T. 1 S., R. 2 E., to the section line between sections 33 and 34, T. 1 S., R. 2 E., as a recreational river.

(E)

The 4.9-mile segment of the South Fork Whitewater River from the section line between sections 33 and 34, T. 1 S., R. 2 E., to the confluence with the Middle Fork, as a wild river.

(F)

The 5.4-mile segment of the main stem of the Whitewater River from the confluence of the South and Middle Forks to the San Gorgonio Wilderness boundary, as a wild river.

(G)

The 2.7-mile segment of the main stem of the Whitewater River from the San Gorgonio Wilderness boundary to the southern boundary of section 26, T. 2 S., R. 3 E., as a recreational river.

.

II

Desert renewable energy permitting

201.

Renewable Energy Coordination Offices to improve Federal permit coordination for renewable energy

(a)

In general

Section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924) is amended—

(1)

by redesignating subsection (j) as subsection (l); and

(2)

by inserting after subsection (i) the following:

(j)

Renewable Energy Coordination Offices To improve Federal permit coordination for renewable energy

(1)

Definition of renewable energy

In this subsection, the term renewable energy means energy derived from a wind, solar, renewable biomass, or geothermal source.

(2)

Field and district offices

As part of the Pilot Project, the Secretary shall designate at least 1 field or district office of the Bureau of Land Management in each of the following States to serve as Renewable Energy Coordination Offices for coordination of Federal permits for renewable energy projects and transmission lines to integrate renewable energy:

(A)

Arizona.

(B)

California.

(C)

Colorado.

(D)

Idaho.

(E)

New Mexico.

(F)

Nevada.

(G)

Montana.

(H)

Oregon.

(I)

Utah.

(J)

Wyoming.

(3)

Memorandum of understanding

(A)

In general

Not later than 90 days after the date of enactment of this subparagraph, for purposes of carrying out this subsection, the Secretary shall enter into a memorandum of understanding with the Secretary of Agriculture, the Chief of Engineers, and the Secretary of Defense to provide coordinated senior management review and detailed resources for the inclusion of the additional Renewable Energy Coordination Offices in the Pilot Project.

(B)

Contents

The memorandum shall—

(i)

address—

(I)

processes for improving renewable energy project review;

(II)

timelines for environmental review of renewable energy projects;

(III)

clear channels of communication within and between departments, agencies, and States; and

(IV)

processes for facilitating siting and permitting of renewable energy projects consistent with Federal and State climate and renewable energy policy objectives;

(ii)

establish a single multiagency, joint process under which renewable energy projects are—

(I)

reviewed and approved, including the establishment of milestone schedules for each project;

(II)

to the maximum extent practicable, coordinated and unified with any applicable State process; and

(III)

to the maximum extent practicable, reviewed with a lead agency responsible for establishing and enforcing schedules with which other Federal agencies are required to comply; and

(iii)

establish a cooperative arrangement between applicable Federal and State resources agencies in which a single agency is the lead permitting agency responsible for coordinating with other applicable Federal and State agencies.

(C)

Signature of Secretary

The Secretary shall be a signatory of the memorandum of understanding.

(D)

Signatures by governors

The Secretary may request that the Governors of each of the States described in paragraph (2) be signatories to the memorandum of understanding.

(4)

Designation of qualified staff

Not later than 45 days after the date of the signing of the amended memorandum of understanding, all Federal signatory parties shall, if appropriate, assign to each Renewable Energy Coordination Office designated under paragraph (2) an employee described in subsection (c) responsible for carrying out duties described in that subsection.

(5)

Additional personnel

The Secretary shall assign to each Renewable Energy Coordination Office additional personnel under subsection (f).

(6)

Administration

(A)

In general

The manager of each Renewable Energy Coordination Office shall—

(i)

report to the Director of the Bureau of Land Management; and

(ii)

consult on a regular basis with the Director of the United States Fish and Wildlife Service.

(B)

Lead office

To the maximum extent practicable, a Renewable Energy Coordination Office shall serve as the lead office for processing utility scale wind and solar projects in a State with a Renewable Energy Coordination Office.

(k)

Distribution of solar and wind energy income

(1)

In general

Subject to paragraphs (2) through (4) and notwithstanding any other provision of law, for fiscal year 2009 and each fiscal year thereafter, of the amount of income from solar and wind energy development collected by the Bureau of Land Management through an office designated under subsection (j)(2)—

(A)

25 percent shall be paid by the Secretary of the Treasury to the 1 or more States within the boundaries of which the income is derived;

(B)

25 percent shall be paid by the Secretary of the Treasury to the 1 or more counties within which the income is derived;

(C)
(i)

in the case of each of fiscal years 2009 through 2020, 40 percent shall be deposited in a special fund in the Treasury, to be known as the BLM Permit Processing Improvement Fund; and

(ii)

in the case of fiscal year 2021 and each fiscal year thereafter, 40 percent shall be deposited in the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5); and

(D)

10 percent shall be deposited in a special fund in the Treasury, to be known as the Solar Energy Land Reclamation, Restoration, and Mitigation Fund.

(2)

Valuation

If the Secretary intends to allow right-of-way use authorizations for the purpose of developing a wind or solar electricity generation project, the Secretary shall determine the fair market value of public land for the purpose of determining income as follows:

(A)

The fair market value of public land used for solar energy projects shall be determined by the Bureau of Land Management based on statistics of the National Agricultural Statistical Service.

(B)

The fair market value of public land used for wind energy projects shall be determined in accordance with the fee schedule established by the Secretary, acting through the Bureau of Land Management.

(3)

Solar Energy Land Reclamation, Restoration, and Mitigation Fund

(A)

In general

Amounts in the Solar Energy Land Reclamation, Restoration, and Mitigation Fund under paragraph (1)(D) shall be available to the Secretary for the purpose of—

(i)

reclaiming and restoring public land used for the production of solar energy, including land used for ancillary facilities; and

(ii)

mitigating impacts of the production on public land, including protecting other sensitive public land if the land used for solar or wind power generation cannot be adequately restored without the use of funds made available under this paragraph, as determined by the Secretary.

(B)

Maximum amount

(i)

In general

The total amount of funds deposited in the Solar Energy Land Reclamation, Restoration, and Mitigation Fund under paragraph (1)(D) shall not exceed $50,000,000.

(ii)

Surplus amounts

If the total amount of funds deposited in the Solar Energy Land Reclamation, Restoration, and Mitigation Fund under paragraph (1)(D) is $50,000,000, any additional amounts that would otherwise be deposited in the Fund under paragraph (1)(D) shall remain in the general fund of the Treasury.

(4)

Use of funds by State and local governments

A State or local government receiving funds under this subsection shall submit to the Secretary and the appropriate committees of Congress an annual report describing how the funds have been used to advance renewable energy, energy efficiency, and conservation.

.

(b)

BLM Permit Processing Improvement Fund

Section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) is amended by striking paragraph (3) and inserting the following:

(3)

Availability of Fund

(A)

In general

For each of fiscal years 2006 through 2020, the Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for—

(i)

the coordination and processing of oil and gas use authorizations on onshore Federal land under the jurisdiction of the Pilot Project offices described in section 365(d) of the Energy Policy Act of 2005 (42 U.S.C. 15924(d));

(ii)

the coordination and processing of renewable energy use authorizations on onshore Federal land under title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) and under the jurisdiction of the Renewable Energy Coordination Offices described in section 365(j) of the Energy Policy Act of 2005 (42 U.S.C. 15924(j));

(iii)

the coordination and processing of permits, consultations, and habitat conservation plans under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) by the United States Fish and Wildlife Service that are necessary to build renewable energy projects on private land in the States described in paragraph (2)(A); and

(iv)

the coordination and processing of necessary permits required for wind and solar energy projects participating in the Mitigation Bank Program established under section 205(d)(1) of the California Desert Conservation, Recreation, and Renewable Energy Act.

(B)

Transfer of funds

For the purposes of coordination and processing of renewable energy permits required for renewable energy projects described in subparagraph (A), the Secretary may authorize the expenditure or transfer of funds from the BLM Permit Processing Improvement Fund as necessary to—

(i)

the United States Fish and Wildlife Service;

(ii)

the Bureau of Indian Affairs;

(iii)

the Forest Service;

(iv)

the Environmental Protection Agency;

(v)

the Corps of Engineers; and

(vi)

the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, and Wyoming (for costs incurred by the States relating to the permitting process).

.

202.

Deadlines for consideration of applications for wind and solar energy right-of-way use authorizations

(a)

Purposes

The purposes of this section are—

(1)

to eliminate expeditiously the backlog of right-of-way use applications that propose wind and solar energy development on land located in the western region of the United States;

(2)

to establish a procedure for focusing the resources of the Federal Government on the most economically and environmentally viable renewable energy development proposals; and

(3)

to provide guidance to the Department of the Interior to dismiss or defer renewable energy development proposals that are not viable.

(b)

Application process

Not later than 60 days after the later of the date of enactment of this Act or the date on which the Secretary of the Interior (referred to in this section as the Secretary) receives a right-of-way application for an authorization to construct a wind or solar electricity generation facility in the State of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, or Wyoming, the Secretary shall—

(1)

notify the applicant that the application—

(A)

is complete; and

(B)

has met the requirements necessary for the Secretary—

(i)

to issue a notice of intent to evaluate the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

(ii)

to evaluate the project under that Act under provisions of law that do not require a notice to be issued; or

(2)

provide to the applicant a notice—

(A)

to inform the applicant that the review of the application of the applicant under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been deferred because the application of the applicant is incomplete; and

(B)

that contains a description of the information that is required by the Secretary to consider the application to be complete, including—

(i)

a description of each action that the applicant may take (including any applicable time line or deadline for completing each action in a manner acceptable to the Secretary) for the right-of-way use authorization application to be considered complete for purposes of evaluation under subparagraph (A), including—

(I)

the adequate completion of any necessary cultural or biological survey, as necessary under—

(aa)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(bb)

the Act of June 8, 1906 (16 U.S.C. 431 et seq.); and

(cc)

the National Historic Preservation Act (16 U.S.C. 470 et seq.);

(II)

the filing of a plan of development adequate for the initiation of environmental review;

(III)

the acceptance of an application for an interconnection agreement with an electrical grid operator that is registered with the North American Electric Reliability Corporation; and

(IV)

the establishment of an adequate plan that contains a description of the manner by which the applicant will obtain sufficient water for the project that is the subject of the application; and

(ii)

a description of each action that the Bureau of Land Management (as lead Federal permitting agency) and the United States Fish and Wildlife Service shall take to achieve compliance with each applicable law (including regulations), including any applicable time line or deadline for completing each action.

(c)

Requirements for deferred applications

If the Secretary provides to an applicant a notice under subsection (b)(2), not later than 30 days after the date of receipt of the notice by the applicant or 30 days after each deadline established in the notice to the applicant (whichever is applicable), the applicant shall complete, in a manner acceptable to the Secretary, each requirement specified by the Secretary (including submitting to the Secretary any information that the Secretary determines to be necessary to achieve compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)).

(d)

Issuance of notice regarding evaluation

Not later than 30 days after the date on which an applicant for a right-of-way use authorization described in subsection (b) has submitted to the Secretary a complete application, the Secretary shall issue a notice of intent to evaluate the right-of-way use authorization application under—

(1)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(2)

any other applicable environmental law (including regulations)

(e)

Requirements for environmental review

(1)

Environmental review

(A)

In general

Subject to subparagraph (C), if the Secretary issues a notice of intent under subsection (d) to evaluate the right-of-way use authorization application of an applicant under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), not later than 15 months after the date on which the notice of intent is issued, the Secretary shall issue a final environmental impact statement or an environmental assessment regarding the right-of-way use authorization application.

(B)

Deadlines

Subject to subparagraph (C), if the Secretary, acting through the Bureau of Land Management, issues a notice of intent under subsection (d) to evaluate the right-of-way use authorization application of an applicant, the Bureau of Land Management and the United States Fish and Wildlife Service shall complete consultation in compliance with the deadlines established under section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)).

(C)

Determination of Secretary

If the Secretary determines that compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other applicable law (including regulations) cannot been achieved by the date described in subparagraph (A) or (B), the Secretary—

(i)

shall inform the applicant (in reasonable detail) of the reasons for the delay; and

(ii)

may issue the environmental impact statement or environmental assessment on a later date.

(2)

Issuance of decision on right-of-way use authorization application

Not later than 90 days after the date of completion by the Secretary of an environmental impact statement or environmental assessment of a right-of-way use authorization application under paragraph (1)(A), the Secretary shall accept or deny the right-of-way use authorization application.

(f)

Denial of right-of-Way use authorization applications

(1)

In general

Subject to paragraph (2), the Secretary shall deny the right-of-way use authorization application of an applicant if the applicant—

(A)

fails to meet any deadline established by the Secretary under this section;

(B)

submits materials that, as determined by the Secretary, are inadequate to process the application expeditiously;

(C)

proposes development in an area that the Secretary determines—

(i)

is not open to multiple uses; or

(ii)

is a low priority area for development; or

(D)

fails to comply with any applicable law (including regulations).

(2)

Weather events; acts of God

The Secretary may grant extensions to applications subject to denial under paragraph (1) if the failure of the applicant resulted from an administrative action, weather event, or other act of God that the Secretary determines to be beyond the control of the applicant.

(3)

Authority to deny or prioritize right of way authorization applications based on site conflicts

(A)

Definition of high public resource conflict

In this paragraph, the term high public resource conflict means an expected impact to public resource values (including wilderness quality land (other than visual and noise impacts), threatened and endangered species and habitat of the species, State-listed species, sensitive species listed by the Bureau of Land Management, ground water resources, and cultural and historic resources) that, as determined by the Secretary, cannot be addressed through the use of best management practices or other measures.

(B)

Authority

At any time after a right-of-way use authorization application has been filed, the Secretary may—

(i)

deny a right-of-way use authorization application that proposes development in an area in which the proposed development will result in a high public resource conflict (based on the best available information); and

(ii)

prioritize a right-of-way use authorization application that proposes renewable energy development in an area in which the proposed development will not result in a high public resource conflicts (based on the best available information) and will access existing electric transmission and utility corridor rights-of-way.

(C)

Relationship to goals

Nothing in this paragraph affects the goals established under section 211 of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 660).

(g)

Biannual reports

Not later than 180 days after the date of enactment of this Act and twice a year thereafter, the Secretary shall submit to the appropriate committees of Congress a report that, for the period covered by the report, contains—

(1)

a description of each right-of-way use authorization application for which the applicant or the Secretary failed to meet a deadline under this section; and

(2)

with respect to each application included under paragraph (1), a justification for why—

(A)

the Secretary failed to meet a deadline under this section; or

(B)

the Secretary has not rejected the application as a result of the applicant of the application failing to meet a deadline established by the Secretary under subsection (e).

(h)

Fees

(1)

In general

Upon acceptance of an initial right-of-way use authorization application to construct a wind or solar facility on Federal land, the Secretary shall require the applicant to transfer to the Secretary a refundable deposit of an amount equal to not less than 50 percent of the amount that the Secretary estimates to be necessary for the Bureau of Land Management and United States Fish and Wildlife Service to complete the review of the right-of-way use authorization application.

(2)

Return of funds

If an applicant withdraws a right-of-way use authorization application accepted under paragraph (1), the Secretary shall transfer to the applicant the amount of the refundable deposit that the Secretary has not used as of the date of the withdrawal of the application.

(i)

Nonapplication to royalty or leasing pilot program land

This section shall not apply to wind or solar development proposals for land designated as part of a pilot program established by the Secretary of the Interior to lease Federal land without pending right-of-way use authorizations or require royalty payments in place of fair market rental fees.

203.

Programmatic environmental impact statements and land use planning

(a)

Public land

Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall—

(1)

complete a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)—

(A)

to analyze the potential impacts of—

(i)

a program to develop solar energy on land administered by the Secretary, acting through the Bureau of Land Management;

(ii)

in consultation with the United States Fish and Wildlife Service, the designation and full environmental evaluation of low conflict zones in which solar energy project development may be permitted after completion of a project level environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(iii)

any necessary amendments to land use plans for the land; and

(B)

which shall include an assessment of the optimal size, acreage, and technology of solar projects; and

(2)

amend any land use plans as appropriate to provide for the development of renewable energy in areas considered appropriate by the Secretary, consistent with the programmatic environmental impact statements for wind and solar power completed by the Secretary.

(b)

National forest system land

As soon as practicable but not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall—

(1)

complete a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts of—

(A)

a program to develop solar, biomass, and wind energy on National Forest System land administered by the Secretary; and

(B)

any necessary amendments to land use plans for the land; and

(2)

amend any land use plans as appropriate to provide for the development of renewable energy in areas considered appropriate by the Secretary immediately on completion of the programmatic environmental impact statement.

(c)

Military installations

As soon as practicable, but not later than 18 months, after the date of enactment of this Act, the Secretary of Defense shall—

(1)

complete a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts of—

(A)

a program—

(i)

to develop solar, wind, and geothermal energy, and associated electric transmission capacity, on military installations administered by the Secretary of Defense in the Mojave and Colorado Deserts of the States of Arizona, California, and Nevada, including withdrawn land; and

(ii)

that is consistent with the training and other military needs of the Department of Defense; and

(B)

any necessary amendments to base management plans or policies for the land; and

(2)

upon completion of the programmatic environmental impact statement under paragraph (1), amend any base management plan or policy that the Secretary of Defense determines to be appropriate to provide for the development of renewable energy in areas that the Secretary considers to be appropriate and consistent with the military mission of the Department of Defense.

204.

Military installations study

(a)

In general

Not later than 1 year after the date of enactment of this Act, in accordance with subsection (b), the Secretary of Defense (referred to in this section as the Secretary) shall complete a study to analyze the potential impacts of a program to develop large-scale renewable electricity generation projects on land within the borders of a military installation under the jurisdiction of the Secretary in the Mojave and Colorado Deserts of the States of California and Nevada.

(b)

Required components

In carrying out the study under subsection (a), the Secretary shall—

(1)

determine the extent to which renewable energy generation at military installations could be conducted in a manner consistent with the military mission of the installations;

(2)

estimate the solar energy generation potential at each military installation in the study area on parcels of land that do not interfere with the military mission of the installation;

(3)

describe current and proposed large-scale solar energy generation projects, the capacity of which are not less than 5 megawatts, on military installations located in the Mojave and Colorado Deserts of the States of California and Nevada (including a time line for the completion of each project);

(4)

determine if energy generation at a military installation would require significant new or upgraded electricity transmission capacity within the boundaries of the installation;

(5)

complete an assessment of—

(A)

the net financial, environmental, national security, and other benefits of renewable energy development (including cost savings to the Department of Defense);

(B)

the benefits of secure energy production at a military installation; and

(C)

the impacts of renewable energy development on training and testing areas at a military installation;

(6)

outline existing standards and requirements for on-installation solar development, and if practicable, develop uniform procedures, for all facilities of the Department of Defense;

(7)

identify differences among solar energy development on—

(A)

land under the jurisdiction of the Secretary;

(B)

Federal land other than the land described in subparagraph (A); and

(C)

private land;

(8)

identify Federal and State statutory and regulatory constraints to on-installation generation for off-installation use; and

(9)

develop recommendations to facilitate and incentivize large-scale solar development on appropriate land under the jurisdiction of the Secretary, to be implemented by individual installations and services and the Office of the Secretary.

205.

Habitat mitigation zones

(a)

Definitions

In this section:

(1)

Appropriate committees of Congress

The term appropriate committees of Congress means—

(A)

the Committee on Appropriations of the Senate;

(B)

the Committee on Energy and Natural Resources of the Senate;

(C)

the Committee on Environment and Public Works of the Senate;

(D)

the Committee on Appropriations of the House of Representatives; and

(E)

the Committee on Natural Resources of the House of Representatives.

(2)

Director

The term Director means the Director of the United States Fish and Wildlife Service.

(3)

Eligible land

The term eligible land means land—

(A)

that is—

(i)

Federal land open to uses deleterious to the conservation of endangered or threatened species on the land; or

(ii)

owned by a non-Federal entity; and

(B)

that is in the California Desert Conservation Area; and

(C)

on which the Secretary determines that active management or additional investments in the restoration of the land would improve the existing habitat quality for the benefit of an endangered or threatened species that would not likely occur in the absence of the measures carried out under this section.

(4)

Endangered or threatened species

The term endangered or threatened species means a species that is listed as a threatened or endangered species on the list of species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)).

(5)

Fund

The term Fund means the California Desert Mitigation Fund established by subsection (e).

(6)

High conflict area

The term high conflict area means an area, as determined by the Secretary, in which conflicts between renewable energy development and the conservation of natural resources, including critical habitat, wildlife corridors, wetland, and other important environmental attributes, or other cultural resources are likely to be comparatively high.

(7)

Mitigation Council

The term Mitigation Council means the science advisory council established by the Secretary under subsection (e)(7).

(8)

Natural resources

The term natural resources means the land, fish, wildlife, plants, biota, natural communities, air, water, groundwater, drinking water supplies, and other such resources belonging to or otherwise controlled by the United States or the State of California.

(9)

Potential mitigation zone

The term potential mitigation zone means a parcel of eligible land that is proposed to be designated by the Secretary under subsection (c)(1) in order to address threats to endangered or threatened species.

(10)

Program

The term program means the California Desert Mitigation Bank Pilot Program established under subsection (d).

(11)

Qualified renewable energy project

The term qualified renewable energy project means a project that is—

(A)

located on non-Federal land;

(B)

not located in a high conflict area; and

(C)

determined by the Secretary to be eligible for inclusion in the California Desert Mitigation Bank Pilot Program established under subsection (d).

(12)

Secretary

The term Secretary means the Secretary of the Interior.

(b)

Purposes

The purposes of this section are—

(1)

to establish a coordinated method to mitigate the impact of qualified renewable energy projects on endangered or threatened species and the habitat of the species;

(2)

to establish a mechanism under which the mitigation of impacts to endangered or threatened species and the habitat of the species from individual renewable energy projects results in the conservation of large-scale blocks of land that provide species protection benefits superior to the piecemeal mitigation that results from project-by-project mitigation; and

(3)

to direct mitigation funds to those areas and actions that provide the greatest benefit to endangered or threatened species, including improved management of existing habitat.

(c)

Potential mitigation zones

(1)

In general

As soon as practicable after the date of enactment of this Act, in accordance with paragraphs (2) and (3), the Secretary shall identify not less than 200,000 acres of eligible land for use as potential mitigation zones that the Secretary may establish and make available to mitigate the impacts of qualified renewable energy projects on endangered or threatened species that can be mitigated most effectively through management actions undertaken on the eligible land, including—

(A)

enhanced stewardship;

(B)

restoration actions;

(C)

invasive species control;

(D)

use of dedicated funding to facilitate enhanced levels of active management and law enforcement;

(E)

increased habitat connectivity; and

(F)

other actions, as determined by the Secretary and approved by the applicable Scientific Advisory Council through the management planning process.

(2)

Priority land

In carrying out this subsection, the Secretary shall, to the maximum extent practicable, identify parcels of land that—

(A)

are capable of serving the habitat needs of multiple endangered or threatened species in the California Desert Conservation Area;

(B)

do not have unusually high renewable energy production potential;

(C)

are not being managed (as the date of enactment of this Act) exclusively for biodiversity conservation;

(D)

are not likely to be managed for conservation purposes in the absence of the program; and

(E)

will be important to place into long-term conservation in order to achieve objectives established in Federal biodiversity conservation plans (such as recovery plans and habitat conservation plans established under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)) and similar plans established by the State of California in accordance with endangered species protection laws of the State.

(3)

Consultation

In carrying out this subsection, the Secretary shall, to the maximum extent practicable, identify parcels of land in consultation with the Mitigation Council and the State of California.

(d)

California Desert Mitigation Bank Pilot Program

(1)

In general

(A)

Establishment

For fiscal years 2010 through 2015, the Secretary shall establish and administer a program to be known as the California Desert Mitigation Bank Pilot Program under which parcels of land identified as potential mitigation zones shall be made available to serve as mitigation, in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), for the development of renewable energy projects on parcels of non-Federal land that are located in the California Desert Conservation Area.

(B)

Withdrawal from use

Notwithstanding any limitations on the authority of the Secretary to permanently withdraw land under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary shall make land available as a mitigation zone under this subsection by permanently withdrawing the required acreage, as determined under paragraph (3)(B), located in a potential mitigation zone from availability for uses that could negatively impact the conservation of endangered or threatened species on the acreage.

(C)

Use of Fund

The Secretary may use funds in the Fund—

(i)

to acquire interests in non-Federal acres within a potential mitigation zone from willing sellers for addition to the mitigation zone; and

(ii)

to actively manage the land withdrawn under subparagraph (B) or purchased under clause (i) to protect and improve habitat quality in compliance with a zone management plan established pursuant to paragraph (4).

(2)

Eligibility

The Secretary shall determine whether a qualified renewable energy project that has applied for inclusion in the program is eligible for the program based on whether—

(A)

the applicant has made sufficient efforts to avoid and minimize impacts to endangered or threatened species; and

(B)

the mitigation from the program will effectively offset all remaining impacts to endangered or threatened species.

(3)

Requirements of program

(A)

Consultation

(i)

In general

The approval by the Secretary of an application to participate in the program with respect to any qualified renewable energy project shall constitute a Federal action subject to the consultation requirements of section 7 of the Endangered Species Act (16 U.S.C. 1536).

(ii)

Scope

The scope of the consultation carried out with respect to the approval—

(I)

shall include the effects of the construction and operation of the qualified renewable energy project on endangered or threatened species and the critical habitat of the endangered or threatened species; and

(II)

shall not be limited to the quantification of required mitigation acreage.

(B)

Required acreage

The Secretary, in accordance with the consultation required under subparagraph (A), shall determine the required number of acres of specified quality with respect to the conservation of the affected endangered or threatened species necessary to mitigate the impacts on those endangered or threatened species and the habitat of the endangered or threatened species of each qualified renewable energy project accepted in the program.

(C)

Payment

Each applicant accepted by the Secretary for participation in the program shall deposit in the Fund an amount, or provide a letter of credit for an amount, as determined by the Secretary, that will mitigate impacts (as required by section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536)) and is the higher of—

(i)

75 percent of the estimated fair market cost of purchasing the required acreage from a non-Federal landowner (based on statistics of the National Agricultural Statistical Service), as determined by the Secretary; or

(ii)

the cost, as determined by the Secretary, of managing a parcel of eligible land of a size equal to the required acreage in a manner consistent with the needs of endangered or threatened species.

(4)

Management plans

(A)

In general

As soon as practicable after the establishment of a mitigation zone, the Secretary shall develop a mitigation zone management plan, in consultation with the Mitigation Council.

(B)

Contents

The management plan shall include—

(i)

a description of—

(I)

the habitat and species values for which the land is being conserved;

(II)

measurable goals and objectives for habitat and species enhancement;

(III)

proposed strategies for achieving goals and objectives; and

(IV)

monitoring and observation plans capable of assessing progress towards goals and objectives on at least an annual basis;

(ii)

recommendations for how and to whom disbursements from the Fund should be made;

(iii)

an annual evaluation of progress towards achieving goals and objectives, including quantitative and qualitative analysis; and

(iv)

a description of a process for adapting management and strategy to incorporate knowledge gained as a result of the annual evaluation.

(e)

California Desert Mitigation Fund

(1)

In general

(A)

Establishment

The Secretary may enter into an agreement with an organization that promotes fish and wildlife conservation to accept, receive, hold, transfer, solicit, and administer funds received or made available, including funds received in the form of a gift or donation, for a California Desert Mitigation Fund under this Act the purpose of which is to provide resources for administration of the mitigation zones authorized by this section.

(B)

Investment of funds

An organization that enters into an agreement described in subparagraph (A) shall—

(i)

invest, reinvest, and otherwise administer funds described in subparagraph (A); and

(ii)

ensure that the funds and any interest or revenues earned on the funds are placed in a separate interest-bearing account that is—

(I)
(aa)

in an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)); or

(bb)

in an insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752));

(II)

established by the organization solely to support the activities authorized by this section and that further the purposes of this Act; and

(III)

maintained in an amount that will assure the continued existence of the account.

(C)

Administration

The agreement shall—

(i)

ensure that the Secretary retains final authority for determining what amounts will be disbursed from the Fund; and

(ii)

contain such other terms and conditions as the Secretary considers appropriate to ensure efficient and effective implementation of the program.

(2)

Contributions to Fund

(A)

In general

In addition to the funds described in paragraph (3)(C), the Fund may accept funds appropriated directly into the Fund on the behalf of the Secretary and, as considered appropriate by the Secretary—

(i)

funds associated with the settlement of related judicial or administrative actions;

(ii)

monetary contributions and donated funds from individuals and public or private organizations; and

(iii)

permitting fees.

(B)

Transfer of funds

For purposes of carrying out this subsection, the Secretary may transfer any funds appropriated to the Secretary to carry out activities under this section to an organization that has entered into an agreement under paragraph (1).

(3)

Expenditures from Fund

(A)

In general

Except as provided in subparagraph (C), all allocations from the Fund shall be—

(i)

made pursuant to the terms of this subsection and the agreement under paragraph (1);

(ii)

made consistent with a management plan developed under subsection (d)(4); and

(iii)
(I)

in the case of expenses related to acquisition of interests in non-Federal land, disbursed to the Secretary from of the corpus of the Fund; and

(II)

in the case of expenses related to operational and management activities taken pursuant to this section on public and non-Federal land, disbursed to the Secretary from interest and revenue generated by the Fund.

(B)

Administrative expenses

The agreement under paragraph (1) shall provide for the payment from the Fund of appropriate fees for the administration and management of the Fund.

(C)

Supplemental authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as are necessary to cover any shortfall in funds if, for any fiscal year beginning after the date of enactment of this Act, amounts deposited into the Fund are not adequate to cover necessary management activities under this Act.

(4)

Use of Funds

Amounts from the Fund shall be used to carry out the following activities in mitigation zones for the benefit of threatened and endangered species:

(A)

Enhanced stewardship.

(B)

Restoration actions.

(C)

The mitigation of abandoned mines.

(D)

The conduct of surveys of certain species.

(E)

Monitoring the effectiveness of mitigation activities.

(F)

Invasive species control.

(G)

Law enforcement initiatives.

(H)

Acquisition from willing sellers of non-Federal acres within a potential mitigation zone for inclusion in the mitigation zone.

(I)

Acquisition from willing sellers of an interest in non-Federal acres within a potential mitigation zone through use of permanent conservation easements.

(J)

Other active endangered species protection and management initiatives, as reflected in the zone management plan and adaptive management program.

(5)

No matching requirement

No matching requirements shall apply to funds expended under this subsection.

(6)

Review of performance

(A)

In general

Effective beginning in fiscal year 2011 and biennially thereafter, the Secretary shall—

(i)

conduct a review of any fund and related activities administered by an organization under this subsection; and

(ii)

submit to the appropriate committees of Congress a report on the results of the review.

(B)

Organization

As soon as practicable after the end of each fiscal year, an organization administering funds under this subsection shall submit to the Secretary and the appropriate committees of Congress a report that provides a full and complete statement of the receipts, expenditures, and investments of funds received by the organization during for that fiscal year.

(7)

Mitigation Council

(A)

Establishment

As soon as practicable after the date of enactment of this Act, the Secretary shall establish a Mitigation Council to—

(i)

consult with the Secretary on development of a management plan for mitigation zones;

(ii)

make recommendations on the most effective distribution of the amounts expended under paragraph (3) and on the proposed use of funds under this subsection; and

(iii)

review written documents provided by the Secretary not later than 60 days after the date of receipt.

(B)

Composition

The Mitigation Council shall be composed of—

(i)

2 third-party scientists selected by the Secretary, in consultation with the Director and the National Academy of Sciences, who are experts in desert ecology, wildlife biology, or botany and have a strong knowledge of endangered species, threatened species, or natural resources in the California Desert Conservation Area;

(ii)

1 representative of the California Department of Fish and Game, selected by the Governor;

(iii)

1 representative of the Department of Defense, selected by the Secretary of Defense;

(iv)

2 representatives of nonprofit organizations whose mission is to protect the ecology, botany, or land of the California desert, selected by the Secretary;

(v)

2 representatives of the renewable energy industry with a background in permitting under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), selected by the Secretary; and

(vi)

1 representative of the county government in which the zone is located, selected by the appropriate county board of supervisors.

(f)

Application evaluation

(1)

In general

The Secretary shall carry out environmental reviews (including any review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) for applications for qualified renewable energy projects under the program.

(2)

Renewable Energy Coordination Offices

The evaluation of a renewable energy project under the program shall be conducted by the appropriate Renewable Energy Coordination Office designated under section 365(j)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15924(j)(2)).

(3)

Deadlines

The Secretary shall evaluate each qualified renewable energy project under the program in accordance with each deadline, reporting requirement, and other procedure described in section 202.

(g)

Cooperative agreements

The Secretary may enter into cooperative agreements with non-Federal landowners to carry out this section.

(h)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry this section such sums as are necessary.

206.

Bonding

(a)

In general

The Secretary shall require all energy projects on Federal land to provide a secure bond or other financial mechanism, to address future decommissioning and other costs associated with the restoration of public land.

(b)

Amount

(1)

In general

The Secretary shall ensure that the secure bond or other financial mechanism is of sufficient size in order to address potential reclamation and administrative costs to the Bureau of Land Management, the Forest Service, the Department of Defense, and any other Federal agency responsible for administering the right-of-way.

(2)

Basis

The amount of the required bond shall be determined during the right-of-way authorization process on the basis of site-specific and project-specific factors.

(c)

Form

Acceptable bond instruments under this section shall include cash, cashier’s or certified checks, certificate or book entry deposits, negotiable Treasury bonds equal in value to the bond amount, or surety bonds from the approved list of sureties under the Department of the Treasury Circular No. 570 payable to the Federal agency responsible for administering the right-of-way.

207.

Meteorological site testing and monitoring categorical exclusion

(a)

Definition of meteorological site testing and monitoring project

In this section, the term meteorological site testing and monitoring project means a project carried out on land administered by the Bureau of Land Management to test or monitor weather (including wind and solar energy) using towers or other devices that—

(1)

causes—

(A)

less than 1 acre of soil or vegetation disruption at the location of each meteorological tower or other device; and

(B)

not more than 5 acres of soil or vegetation disruption within the proposed right-of-way;

(2)

is installed—

(A)

to the maximum extent practicable, using existing access roads;

(B)

in a manner that does not require off-road motorized access other than 1 installation activity and 1 decommissioning activity along an identified off-road route approved by the Bureau of Land Management;

(C)

without construction of new roads other than upgrading of existing minor drainage crossings for safety purposes; and

(D)

without the use of digging or drilling equipment vehicles other than rubber-tired vehicles with gross weight ratings under 8,500 pounds; and

(3)

is decommissioned not more than 5 years after the date of commencement of the project, including—

(A)

removal of any towers or devices from the site; and

(B)

restoration of the site to the original condition of the site.

(b)

Categorical exclusion

A meteorological site testing and monitoring project may be categorically excluded from documentation in an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(c)

Administration

A meteorological site testing and monitoring project categorically excluded under subsection (b) shall be subject to the extraordinary circumstances procedures established by the Secretary of the Interior pursuant to section 1508.4 of title 40, Code of Federal Regulations (or successor regulations).

(d)

Relationship to other authority

The authority provided under this section is supplemental to, does not supplant, any authority provided under any other law.

208.

Report on renewable energy permitting in Western States

Not later than 180 days after the date of enactment of this Act and every 180 days thereafter, the Secretary shall submit to the appropriate committees of Congress (as defined in section 205(a)) a report on—

(1)

the work of the Renewable Energy Coordination Offices established under section 365(j)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15924(j)(2)), including staffing levels, the relevant expertise of staff, and a status report on each renewable energy project under review;

(2)

the allocation of resources from the BLM Permit Processing Improvement Fund described in section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) to ensure that renewable energy-related work of applicable agencies within the Department of the Interior (including the Bureau of Land Management and the United States Fish and Wildlife Service) is completed in accordance with timelines established under this Act and the amendments made by this Act;

(3)

a review of permitting policies, including recommended changes that would improve permitting;

(4)

coordination with other Federal agencies (including the Forest Service, the Corp of Engineers, and the Department of Defense) as necessary and consistent with the memorandum of understanding entered into under section 365(j)(3) of the Energy Policy Act of 2005 (42 U.S.C. 15924(j)(3));

(5)

coordination with State offices on the renewable energy permitting processes of the State offices, particularly State agencies that are responsible for permitting power plants and State agencies that are responsible for enforcing State endangered species protections;

(6)

the establishment of a process to resolve disputes, problems, or inconsistencies in permitting renewable energy projects efficiently and fairly;

(7)

coordination with any State-level counterpart appointed by a Governor or Legislature; and

(8)
(A)

each right-of-way use authorization application or permit application under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for which the applicant or the Secretary failed to meet a deadline or requirement under this Act or an amendment made by this Act;

(B)

with respect to each application and deadline described in subparagraph (A), why—

(i)

the Secretary failed to meet the deadline; or

(ii)

the Secretary has not rejected the application as a result of the failure of the applicant to meet the deadline; and

(C)

each right-of-way use authorization application or permit application under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that has received an authorization to build or a permit consistent with the deadlines and requirements of this Act, including the number of megawatts, acres of development and mitigation land set aside, and other relevant materials.

209.

Support for qualified advanced electric transmission manufacturing plants, qualified high efficiency transmission property, and qualified advanced electric transmission property

(a)

Definitions

Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following:

(6)

Qualified advanced electric transmission manufacturing plant

The term qualified advanced electric transmission manufacturing plant means any industrial facility located in the United States that can be equipped, re-equipped, expanded, or established to produce, in whole or in part, qualified advanced electric transmission property or qualified high efficiency transmission property.

(7)

Qualified advanced electric transmission property

(A)

In general

The term qualified advanced electric transmission property means any high voltage electric transmission cable, related substation, converter station, or other integrated facility that—

(i)

uses advanced technology, such as ultra-low resistance superconductive material or other advanced technology that has been determined by the Secretary as—

(I)

reasonably likely to be commercially viable within 10 years after the date of enactment of this paragraph; and

(II)

capable of reliably transmitting at least 1.5 gigawatts of high-voltage electric energy for distances greater than 80 miles with energy losses substantially below losses on transmission lines using conventional aluminum conductors and steel reinforced conductors;

(ii)

has been determined by an appropriate energy regulatory body, on application, to be in the public interest and eligible for inclusion in regulated rates; and

(iii)

can be located safely and economically in a permanent underground right-of-way not to exceed 25 feet in width.

(B)

Exclusion

The term qualified advanced electric transmission property does not include any property placed in service after December 31, 2016.

(8)

Qualified high efficiency transmission property

(A)

In general

The term qualified high efficiency transmission property means any high voltage overhead electric transmission line, related substation, or other integrated facility that—

(i)

uses advanced conductor core technology that—

(I)

has been determined by the Secretary as reasonably likely to be commercially viable within 10 years after the date of enactment of this paragraph;

(II)

is suitable for use on transmission lines up to 500 kilovolts;

(III)

exhibits power losses at least 30 percent lower than that of transmission lines using conventional Aluminum Conductors Steel Reinforced conductors (referred in this paragraph as conventional ACSR conductors); and

(IV)

is capable of increasing the capacity of existing transmission rights-of-way using existing tower infrastructure;

(ii)

has been determined by an appropriate energy regulatory body, on application, to be in the public interest and eligible for inclusion in regulated rates; and

(iii)

can be located safely and economically in a right-of-way not to exceed that used by conventional ACSR conductors.

(B)

Exclusion

The term qualified high efficiency transmission property does not include any property placed in service after December 31, 2016.

.

(b)

Eligible projects

Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended—

(1)

in subsection (b), by adding at the end the following:

(11)

The development, construction, acquisition, retrofitting, or engineering integration of a qualified advanced electric transmission manufacturing plant or the construction of a qualified high efficiency transmission property or qualified advanced electric transmission property (whether by construction of a new facility or the modification of an existing facility).

; and

(2)

by adding at the end the following:

(f)

Grants for qualified advanced electric transmission property

(1)

In general

Subject to paragraphs (2) and (3), the Secretary may provide grants, on a competitive basis, to cover not more than 50 percent of the costs incurred in connection with the development, construction, acquisition of components for, or engineering of qualified advanced electric transmission property.

(2)

First project

Grants may be made under this subsection only for the first project that described in paragraph (1) that is approved by the Secretary.

(3)

Ownership interest

The United States shall take no equity or other ownership interest in the qualified advanced electric transmission manufacturing plant or qualified advanced electric transmission property for which funding is provided under this subsection.

(4)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2011 and 2012.

(g)

Corridor priority

In carrying out subsections (b)(11) and (f) and section 1705(b)(4), the Secretary shall give priority to—

(1)

a project proposed to be carried out in a national interest electric transmission corridor designated under section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)); or

(2)

a project proposed to be carried out in an energy right-of-way corridor on Federal land designated under section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926).

.

(c)

Temporary program for rapid deployment of renewable energy and electric power transmission projects

Section 1705(b) of the Energy Policy Act of 2005 (42 U.S.C. 16516(b)) is amended by adding at the end the following:

(4)

The development, construction, acquisition, retrofitting, or engineering integration of a qualified advanced electric transmission manufacturing plant or the construction of qualified high efficiency transmission property or qualified advanced electric transmission property (whether by construction of a new facility or the modification of an existing facility).

.