119-HR5631

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

119th CONGRESS

1st Session

H. R. 5631

1. Short title
2. Geothermal ombudsman and permitting task force

1. Short title

This Act may be cited as the "Geothermal Ombudsman for National Deployment and Optimal Reviews Act".

2. Geothermal ombudsman and permitting task force

(a) Definitions - In this section:

(1) Geothermal authorization - The term geothermal authorization means any license, permit, approval, finding, determination, or other administrative decision issued by the Bureau of Land Management and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of a geothermal energy project administered by the Bureau of Land Management.

(2) Geothermal energy project - The term geothermal energy project means a project wholly or partially located on public land that uses geothermal energy to generate heat or electricity.

(3) Public Land - The term public land means lands subject to geothermal leasing under section 3 of the Geothermal Steam Act of 1970 (30 U.S.C. 1002).

(4) Secretary - The term Secretary means the Secretary of the Interior.

(5) Task force - The term Task Force means the Geothermal Permitting Task Force established under subsection (c).

(b) Geothermal ombudsman -

(1) In general - Not later than 60 days after the date of enactment of this Act, the Secretary shall appoint from within the Bureau of Land Management a Geothermal Ombudsman.

(2) Duties - The Geothermal Ombudsman appointed under paragraph (1) shall—

(A) - act as a liaison between—

(i) - the individual field, district, and State offices of the Bureau of Land Management;

(ii) - the Division Chief of the National Renewable Energy Coordination Office of the Bureau of Land Management; and

(iii) - the Director of the Bureau of Land Management;

(B) - provide dispute resolution services between the individual field, district, and State offices of the Bureau of Land Management and applicants for geothermal authorizations;

(C) - monitor and facilitate permit processing practices and timelines across individual field offices of the Bureau of Land Management;

(D) - develop best practices for the permitting and leasing process for geothermal resources; and

(E) - coordinate with the Federal Permitting Improvement Steering Council.

(c) Geothermal permitting task force -

(1) Establishment - Not later than 60 days after the date of enactment of this Act, the Secretary shall establish within the Bureau of Land Management a Geothermal Permitting Task Force.

(2) Leadership - The Task Force shall be headed by the Geothermal Ombudsman appointed under subsection (b).

(3) Permitting support - The Task Force shall support the duties of the Geothermal Ombudsman appointed under subsection (b).

(4) Cross-office personnel assignments -

(A) In general - In their capacity as head of the Task Force, the Geothermal Ombudsman may assign personnel from any Departmental bureaus and offices with relevant expertise to assist with completion of geothermal authorizations in field, district, or State offices other than the official duty station where such personnel are located if—

(i) - the Geothermal Ombudsman determines that such assignment will not materially delay ongoing completion of authorizations within the office where the employee is located; and

(ii) - the Geothermal Ombudsman receives approval from the head of the official duty station where the assigned employee is located.

(B) Assigned personnel requirements - Department personnel assigned to assist with completion of geothermal authorizations under subparagraph (A) shall—

(i) - work in-person full-time at an official Department office;

(ii) - if necessary as determined by the Geothermal Ombudsman, travel to the Bureau of Land Management field, district, or State office with jurisdiction over the geothermal authorization to which the employee has been assigned by the Geothermal Ombudsman;

(iii) - participate as part of the team of personnel working on geothermal authorizations to which the employee has been assigned by the Geothermal Ombudsman; and

(iv) - regularly report to the head of the field, district, or State office of the Bureau of Land Management with jurisdiction over geothermal authorizations to which the employee has been assigned by the Geothermal Ombudsman.

(C) Retention allowances -

(i) In general - Subject to the availability of appropriations, the Geothermal Ombudsman may pay a retention allowance to an employee assigned to assist with the completion of geothermal authorizations under subparagraph (A). Retention allowances—

(I) - shall be stated as the percentage of the rate of basic pay of an employee, and may not exceed 25 percent of such rate of basic pay;

(II) - may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed; and

(III) - shall be paid at the same time and in the same manner as the employee’s basic pay is paid.

(ii) Considerations - In exercising the retention allowance authority described in clause (i), the Geothermal Ombudsman shall consider—

(I) - an employee’s specialized expertise related to geothermal authorizations;

(II) - the demonstrated need to retain an employee to meet the performance improvement objectives for geothermal authorization timelines and develop best practices for completion of geothermal authorizations; and

(III) - the difficulty in recruiting or replacing qualified personnel with relevant expertise related to geothermal authorizations.

(D) Savings clause - Cross-office personnel assignments carried out under this paragraph shall not alter the underlying jurisdiction of other offices of the Bureau of Land Management over applicable geothermal authorizations.

(d) Report - The Geothermal Ombudsman shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an annual report that describes the activities of the Task Force and evaluates the effectiveness of geothermal permit processing during the preceding 1-year period.