43 U.S.C. § 3002: Program to improve eligible…

Summary

Create a national Renewable Energy Coordination Office and matching state, district, or field offices to speed up federal permit work for eligible projects on covered land. The Secretary must sign a memorandum of understanding within 180 days after December 27, 2020 with the Secretary of Agriculture, the EPA Administrator, and the Secretary of Defense. The Secretary can ask any interested State governor or Tribal leader to join. After that memo is signed, each federal signatory has 30 days to name one or more staff for each BLM Renewable Energy Coordination Office who know the key permitting and environmental laws (for example: species consultations, Clean Water and Clean Air permits, NEPA reviews, historic and cultural rules, migratory bird and eagle protections, geothermal and National Park matters). Those staff must handle issues from their home agency and work on project teams for planning, monitoring, inspection, enforcement, and environmental review. The Secretary may add more personnel as needed and may move or spend funds to other agencies (U.S. Fish and Wildlife Service, Bureau of Indian Affairs, Forest Service, Army Corps of Engineers, National Park Service, EPA, or Department of Defense) to help coordination. By February 1 of the first fiscal year starting after December 27, 2020, and each February 1 after that, the Secretary must report to the Senate Committees on Energy and Natural Resources and on Environment and Public Works, and to the House Committee on Natural Resources. Each report must give projections for renewable energy production and capacity installations and describe any problems with leasing, permitting, siting, or production.

Title 43, §3002

Public Lands, Source: USLM XML via OLRC

(a)Establishment

The Secretary shall establish a national Renewable Energy Coordination Office and State, district, or field offices, as appropriate, with responsibility to establish and implement a program to improve Federal permit coordination with respect to eligible projects on covered land and such other activities as the Secretary determines necessary. In carrying out the program, the Secretary may temporarily assign qualified staff to Renewable Energy Coordination Offices to expedite the permitting of eligible projects.

(b)Memorandum of understanding

(1)In general

Not later than 180 days after December 27, 2020, the Secretary shall enter into a memorandum of understanding for purposes of this section with—

(A)the Secretary of Agriculture;

(B)the Administrator of the Environmental Protection Agency; and

(C)the Secretary of Defense.

(2)State and tribal participation

The Secretary may request the Governor of any interested State or any Tribal leader of any interested Indian Tribe (as defined in section 5304 of title 25) to be a signatory to the memorandum of understanding under paragraph (1).

(c)Designation of qualified staff

(1)In general

Not later than 30 days after the date on which the memorandum of understanding under subsection (b) is executed, all Federal signatories, as appropriate, shall identify for each of the Bureau of Land Management Renewable Energy Coordination Offices one or more employees who have expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— (A)

(B)permits under section 1344 of title 33;

(C)regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);

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

(E)the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);

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

(G)implementation of the requirements of section 306108 of title 54 (formerly known as section 106 of the National Historic Preservation Act);

(H)planning under section 472a of title 16;

(I)developing geothermal resources under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);

(J)the Act of June 8, 1940 (16 U.S.C. 668 et seq., popularly known as the Bald and Golden Eagle Protection Act); and

(K)section 100101(a), chapter 1003, and section 100751(a), 100752, 100753 and 102101 of title 54 (previously known as the National Park Service Organic Act).

(2)Duties

Each employee assigned under paragraph (1) shall—

(A)be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee; and

(B)participate as part of the team of personnel working on proposed energy projects, planning, monitoring, inspection, enforcement, and environmental analyses.

(d)Additional personnel

The Secretary may assign such additional personnel for the Bureau of Land Management Renewable Energy Coordination Offices as are necessary to ensure the effective implementation of any programs administered by the offices in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(e)Transfer of funds

To facilitate the coordination and processing of eligible project permits on Federal land under the Renewable Energy Coordination Offices, the Secretary may authorize the expenditure or transfer of any funds that are necessary to—

(1)the United States Fish and Wildlife Service;

(2)the Bureau of Indian Affairs;

(3)the Forest Service;

(4)the Corps of Engineers;

(5)the National Park Service;

(6)the Environmental Protection Agency; or

(7)the Department of Defense.

(f)Report to Congress

(1)In general

Not later than February 1 of the first fiscal year beginning after December 27, 2020, and each February 1 thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made under the program established under subsection (a) during the preceding year.

(2)Inclusions

Each report under this subsection shall include—

(A)projections for renewable energy production and capacity installations; and

(B)a description of any problems relating to leasing, permitting, siting, or production.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Clean Air Act, referred to in subsec. (c)(1)(C), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 7401 of Title 42 and Tables. The Federal Land Policy and Management Act of 1976, referred to in subsecs. (c)(1)(D) and (d), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 1701 of this title and Tables. The Migratory Bird Treaty Act, referred to in subsec. (c)(1)(E), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of Title 16, Conservation. For complete classification of this Act to the Code, see section 710 of Title 16 and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(F), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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note set out under section 4321 of Title 42 and Tables. The Geothermal Steam Act of 1970, referred to in subsec. (c)(1)(I), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which is classified principally to chapter 23 (§ 1001 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see

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note set out under section 1001 of Title 30 and Tables. Act of

June 8, 1940, referred to in subsec. (c)(1)(J), is act

June 8, 1940, ch. 278, 54 Stat. 250, popularly known as the “Bald and Golden Eagle Protection Act” and also known as the “Bald Eagle Protection Act”, which is classified generally to subchapter II (§ 668 et seq.) of chapter 5A of Title 16, Conservation. For complete classification of this Act to the Code, see

Short Title

note set out under section 668 of Title 16 and Tables. National Park Service Organic Act, referred to in subsec. (c)(1)(K), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted section 1, 2, 3, and 4 of Title 16, Conservation, amended section 22 and 43 of Title 16 and section 1457 of Title 43, Public Lands, and enacted provisions set out as a note under section 1 of Title 16. Sections 1 to 4 of the Act were substantially repealed and restated in chapter 1003 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 7, Dec. 19, 2014, 128 Stat. 3097, 3272. For complete classification of this Act to the Code, see

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of 1916 Act note set out under section 100101 of Title 54, and Tables. For disposition of former sections of Title 16, see Disposition Table preceding section 100101 of Title 54.

§3002 Program to Improve Eligible Project Permit Coordination

Summary

Title 43, §3002

Notes & Related Subsidiaries

Editorial Notes

References in Text

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