2172 112th CONGRESS
H. R. 2172
To facilitate the development of wind energy
resources on Federal lands.IN THE HOUSE OF REPRESENTATIVES
Mrs. NOEM (for herself, Mr. HASTINGS of Washington, Mr.
LAMBORN, Mr. BROUN of Georgia, Mr. DUNCAN of Tennessee, and Mr. WITTMAN) introduced
the following bill; which was referred to the Committee on Natural Resources,
and in addition to the Committee on Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
facilitate the development of wind energy resources on Federal lands.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
1. SHORT TITLE.
This Act may be cited at the `Utilizing America's
Federal Lands for Wind Energy Act'.
SEC. 2. ONSHORE METEOROLOGICAL
SITE TESTING AND MONITORING PROJECT.
(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 or the Forest Service to test or monitor weather
(including wind and solar energy) using towers or other devices, that--
(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 disruption within the proposed right-of-way
for the project;
(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 Director of the Bureau of Land Management or Chief of the Forest Service;
(C) without construction of new roads other than upgrading of existing minor drainage
crossings for safety purposes; and
the use of digging or drilling equipment vehicles other than rubber-tired vehicles
with gross weight ratings under 8,500 pounds;
is decommissioned not more than 5 years after the date of commencement of the
(A) removal of any towers, devices,
or other surface infrastructure from the site; and
(B) restoration of the site to approximately the condition that existed at the
time the project began; and
(4) provides meteorological
information obtained by the permitted project to the Bureau of Land Management
and the Forest Service.
(b) NEPA Exclusion- Section 102(2)(C)
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall
not apply with respect to a meteorological site testing and monitoring project.
(1) IN GENERAL- The Director of the Bureau
of Land Management or Chief of the Forest Service, as applicable, shall decide
whether to issue a permit for a project that is a meteorological site testing
and monitoring project within 30 days after receiving an application for the permit.
(2) DENIAL OF APPLICATION- If the application is denied, the Director or Chief,
respectively, shall provide the applicant--
writing, clear and comprehensive reasons why the application was not approved
and detailed information concerning any deficiencies, and
(B) an opportunity to remedy any deficiencies.
of Information- The information provided to the Bureau of Land Management and
the Forest Service pursuant to subsection (a)(4) shall be treated by such agency
as proprietary information and protected against disclosure.