[Page S7757]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4680. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 443, after line 23, add the following:

     SEC. 10__. COORDINATION AND EXPEDITED APPROVAL OF RENEWABLE 
                   ENERGY FACILITY SITING.

       (a) Establishment.--There shall be established, within the 
     Executive Office of the President, the position of Director 
     of Renewable Energy Facility Siting (referred to in this 
     section as the ``Director''), to be appointed by the 
     President by and with the advice and consent of the Senate.
       (b) Duties.--The Director shall--
       (1) coordinate and expedite the review by Federal agencies 
     of projects involving the siting of renewable energy projects 
     in cases in which the review is otherwise required by law;
       (2) resolve siting conflicts, including through the 
     development of mitigation measures; and
       (3) issue final executive branch approval or disapproval 
     for the projects in accordance with subsection (e).
       (c) Agency Procedures.--
       (1) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Director, in coordination with 
     Director of the Office of Management and Budget, shall 
     establish--
       (A) procedures under which each Federal agency with a 
     responsibility or interest under law in projects involving 
     the siting of renewable energy facilities within the United 
     States to notify the Director of those responsibilities or 
     interests; and
       (B) procedures for the coordination of any required 
     assessment or review of proposed projects.
       (2) Responsibilities and interests.--For purposes of 
     paragraph (1), responsibilities and interests shall include 
     impacts on national security, energy security, public health 
     and safety, and the environment.
       (3) Publication.--As soon as practicable after notification 
     by affected agencies under paragraph (1), the Director shall 
     publish in the Federal Register a list of the affected 
     agencies and the responsibilities and interests of each 
     affected agency.
       (d) Notification Procedures.--Not later than 90 days after 
     the date of enactment of this Act, the Director shall 
     establish procedures that require the sponsors of renewable 
     energy projects requiring review by a Federal agency to 
     notify the Director of, with respect to each such proposed 
     project--
       (1) the location;
       (2) the energy technology to be used;
       (3) the energy output of the project; and
       (4) the schedule for project development.
       (e) Review and Approval Process.--
       (1) In general.--The Director shall ensure that each 
     Federal agency with responsibility to assess any aspect of a 
     proposed facility under this section--
       (A) completes the review of the project in a timely manner; 
     and
       (B) provides to the Director any assessments, 
     determinations, or analyses required under law.
       (2) Final approval or disapproval.--If the agency 
     assessments, determinations, or analyses provided under 
     paragraph (1)(B) fail to fully resolve any siting issue, 
     based on the administrative record or on appeal by a project 
     sponsor or party to the proceeding, the Director may issue a 
     final decision approving or disapproving a project.
       (f) Judicial Review.--A final decision by the Director to 
     approve or disapprove the siting of a proposed renewable 
     energy facility shall be considered a final agency action and 
     subject to review in the United States Court of Appeals for 
     the District of Columbia Circuit.
       (g) NEPA.--
       (1) In general.--Except as provided in paragraph (2), 
     nothing in this section waives or alters any requirements 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (2) Exception.--Notwithstanding paragraph (1), if the 
     environmental impact of a proposed facility is subject to an 
     environmental impact statement or similar analysis required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) by an agency described in subsection 
     (c), a final decision by the Director shall not be considered 
     a separate agency action subject to that Act.
       (h) Improvement of Agency Policies and Functions.--For the 
     purpose of more effective siting of renewable energy 
     facilities, the Director shall evaluate the objectives and 
     procedures used by agencies described in subsection (c) for 
     the purpose of making recommendations to the President to 
     improve agency coordination and approval of the facilities.
       (i) Relationship to Other Requirements.--Nothing in this 
     section affects the obligations of any agency to comply with 
     any other provision of law.

     SEC. 10__. AIR NAVIGATION REVIEW OF WIND TURBINES.

       Section 44718 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(e) Wind Energy Turbines and Studies.--In carrying out 
     this section related to construction of a wind energy turbine 
     and conducting any associated aeronautical study, the 
     Secretary shall--
       ``(1) require any entity proposing to construct a turbine 
     or group of turbines to notify the Federal Aviation 
     Administration not later than 30 days after the date the 
     entity files for approval to construct the project with the 
     applicable local, State, or Federal siting authority;
       ``(2) afford the entity an opportunity to file project 
     plans, locations, descriptions, mitigation measures, or other 
     information that will assist the Secretary in the review and 
     mitigation of any impacts to the maximum extent practicable; 
     and
       ``(3) notify the Secretary of Defense not later than 30 
     days after the receipt by the Administration of a proposal 
     received pursuant to paragraph (1) and coordinate receipt of 
     any comments, or recommendations for mitigation measures 
     pertaining to the proposal, by the Secretary of Defense as 
     soon as practicable but not later than 30 days following an 
     approval to construct pursuant to paragraph (1).''.
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