Enhancing Geothermal Production on Federal Lands Act
This bill revises the environmental review of geothermal energy projects on federal land in order to expedite such projects.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5350 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5350
To amend the Geothermal Steam Act of 1970 to promote timely exploration
for geothermal resources under geothermal leases, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2021
Mr. Fulcher (for himself, Mr. Westerman, and Mr. Stauber) introduced
the following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To amend the Geothermal Steam Act of 1970 to promote timely exploration
for geothermal resources under geothermal leases, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Geothermal Production on
Federal Lands Act''.
SEC. 2. GEOTHERMAL PRODUCTION ON FEDERAL LANDS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is
amended by adding at the end the following:
``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS.
``(a) Definition of Geothermal Exploration Test Project.--In this
section, the term `geothermal exploration test project' means the
drilling of a well to test or explore for geothermal resources on lands
for which the Secretary has issued a lease under this Act, that--
``(1) is carried out by the holder of the lease;
``(2) causes--
``(A) less than 5 acres of soil or vegetation
disruption at the location of each geothermal
exploration well; and
``(B) not more than an additional 5 acres of soil
or vegetation disruption during access or egress to the
test site;
``(3) is developed--
``(A) less than 12 inches in diameter;
``(B) in a manner that does not require off-road
motorized access other than to and from the well site
along an identified off-road route;
``(C) without construction of new roads other than
upgrading of existing drainage crossings for safety
purposes;
``(D) with the use of rubber-tired digging or
drilling equipment vehicles; and
``(E) without the use of high-pressure well
stimulation;
``(4) is completed in less than 90 days, including the
removal of any surface infrastructure from the site; and
``(5) requires the restoration of the project site within 3
years of the date of first exploration drilling to
approximately the condition that existed at the time the
project began, unless the site is subsequently used as part of
energy development under the lease.
``(b) Categorical Exclusion.--
``(1) In general.--Unless extraordinary circumstances
exist, a project that the Secretary determines under subsection
(c) is a geothermal exploration test project shall be
categorically excluded from the requirements for an
environmental assessment or an environmental impact statement
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or section 1501.4 of title 40, Code of Federal
Regulations (or a successor regulation).
``(2) Extraordinary circumstances definition.--In this
subsection, the term `extraordinary circumstances' has the same
meaning given such term in the Department of the Interior
Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2
(or successor provisions).
``(c) Process.--
``(1) Requirement to provide notice.--A leaseholder shall
provide notice to the Secretary of the leaseholder's intent to
carry out a geothermal exploration test project at least 30
days before the start of drilling under the project.
``(2) Review and determination.--Not later than 10 days
after receipt of a notice of intent under paragraph (1), the
Secretary shall, with respect to the project described in the
notice of intent--
``(A) determine if the project qualifies for a
categorical exclusion under subsection (b); and
``(B) notify the leaseholder of such determination.
``(3) Opportunity to remedy.--If the Secretary determines
under paragraph (2)(A) that the project does not qualify for a
categorical exclusion under subsection (b), the Secretary
shall--
``(A) include in such notice clear and detailed
findings on any deficiencies in the project that
resulted in such determination; and
``(B) allow the leaseholder to remedy any such
deficiencies and resubmit the notice of intent under
paragraph (1).''.
SEC. 3. GEOTHERMAL LEASING PRIORITY AREAS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is
further amended by adding at the end the following:
``SEC. 31. GEOTHERMAL LEASING PRIORITY AREAS.
``(a) Definition of Covered Land.--In this section, the term
`covered land' means land that is--
``(1) Federal land; and
``(2) not excluded from the development of geothermal
energy under--
``(A) a land use plan established under the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.); or
``(B) any other Federal law.
``(b) Designation of Geothermal Leasing Priority Areas.--The
Secretary, in consultation with the Secretary of Energy, shall
designate portions of covered land as geothermal leasing priority areas
as soon as practicable, but not later than 5 years, after the date of
the enactment of this section.
``(c) Criteria for Selection.--In determining which covered lands
to designate as geothermal leasing priority areas under subsection (b),
the Secretary, in consultation with the Secretary of Energy, shall
consider if--
``(1) the covered land is preferable for geothermal
leasing;
``(2) production of geothermal energy on such land is
economically viable, including if such land has access to
methods of energy transmission; and
``(3) the designation would be in compliance with section
202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), including subsection (c)(9) of that section.
``(d) Review and Modification.--Not less frequently than once every
5 years, the Secretary shall--
``(1) review covered land and, if appropriate, make
additional designations of geothermal leasing priority areas;
and
``(2) review each area designated as a geothermal leasing
priority area under this section, and, if appropriate, remove
such designation.
``(e) Programmatic Environmental Impact Statement.--
``(1) Initial designations.--No later than one year after
the initial designation of a geothermal leasing priority area,
the Secretary shall prepare a supplement to any final
programmatic environmental impact statement for geothermal
leasing that is the most recently finalized such statement with
respect to covered land designated as a geothermal leasing
priority area under subsection (b).
``(2) Subsequent designations.--Each designation of a
geothermal leasing priority area under subsection (d) shall be
included in a programmatic environmental impact statement for
geothermal leasing or in a supplement to such a statement.
``(3) Consultations.--In developing any programmatic
environmental impact statement for geothermal leasing or
supplement to such a statement under this section, the
Secretary shall consult, on an ongoing basis, with appropriate
State, Tribal, and local governments, transmission
infrastructure owners and operators, developers, and other
appropriate entities.
``(4) Procedure.--The Secretary may not delay issuing a
permit or holding a lease sale under this Act because the
supplement required under paragraph (1) has not been finalized
by the Secretary.
``(f) Compliance With NEPA.--If the Secretary determines that the
designation of a geothermal leasing priority area has been sufficiently
analyzed by a programmatic environmental impact statement, the
Secretary shall not prepare any additional analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to geothermal lease sales for such geothermal leasing priority area.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Subcommittee Hearings Held.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line