119-HR5587

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 5587

1. Short title
2. No Federal permit required for geothermal activities on certain land

1. Short title

This Act may be cited as the "Harnessing Energy At Thermal Sources Act" or the "HEATS Act".

2. No Federal permit required for geothermal activities on certain land

The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following:

30. No Federal permit required for geothermal activities on certain land

(a) In general - The Secretary shall not require an operator to obtain a Federal drilling permit for geothermal exploration and production activities conducted on a non-Federal surface estate, provided that—

(1) - the United States holds an ownership interest of less than 50 percent of the subsurface geothermal estate to be accessed by the proposed action; and

(2) - the operator submits to the Secretary a State permit to conduct geothermal exploration and production activities on the non-Federal surface estate.

(b) No Federal action - A geothermal exploration and production activity carried out under subsection (a)—

(1) - shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969;

(2) - shall require no additional Federal action;

(3) - may commence 30 days after submission of the State permit to the Secretary;

(4) - shall not be subject to section 7 of the Endangered Species Act of 1973; and

(5) - shall only be considered an undertaking under division A of subtitle III of title 54, United States Code (commonly referred to as the "National Historic Preservation Act"), if, with respect to the State in which the activity occurs, there is no State law in effect that addresses the preservation of historic properties in such State.

(c) Royalties and production accountability -

(1) - Nothing in this section shall affect the amount of royalties due to the United States under this Act from the production of electricity using geothermal resources (other than direct use of geothermal resources) or the production of any byproducts.

(2) - The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of the production described in subsection (a), and payment of royalties.

(d) Exceptions - This section shall not apply to actions on Indian lands or resources managed in trust for the benefit of Indian Tribes.

(e) Indian land - In this section, the term Indian land means—

(1) - any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and

(2) - any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—

(A) - in trust by the United States for the benefit of an Indian tribe or an individual Indian;

(B) - by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or

(C) - by a dependent Indian community.