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House Bill 7409
118th Congress(2023-2024)
HEATS Act
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Passed House on Nov 14, 2024
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H. R. 7409 (Introduced-in-House)


118th CONGRESS
2d Session
H. R. 7409


To amend the Geothermal Steam Act of 1970 to waive the requirement for a Federal drilling permit for certain activities, to exempt certain activities from the requirements of the National Environmental Policy Act of 1969, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 20, 2024

Mrs. Kim of California (for herself and Mr. Duarte) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To amend the Geothermal Steam Act of 1970 to waive the requirement for a Federal drilling permit for certain activities, to exempt certain activities from the requirements of the National Environmental Policy Act of 1969, 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 “Harnessing Energy At Thermal Sources Act” or the “HEATS Act”.

SEC. 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:

“SEC. 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.”.