[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6482 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6482
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
November 28, 2023
Mr. Fulcher 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 PROJECTS.
``(a) Definitions.--In this section:
``(1) Geothermal exploration project.--The term `geothermal
exploration project' means the drilling of a temperature
gradient well, monitoring well, calibration well, or another
geothermal exploratory well, including construction or making
improvements for such activities, on lands for which the
Secretary has issued a geothermal lease--
``(A) that is carried out by the holder of the
lease;
``(B) for which--
``(i) the last cemented casing string has
an outer diameter of less than 13 inches; and
``(ii) the total unreclaimed surface
disturbance at any one time within the project
area is less than 5 acres, not including the
area of a permanent or temporary access road;
``(C) that is completed in less than 120 days,
including the removal of any surface infrastructure
from the project area; and
``(D) that requires the restoration of the project
area within 3 years of the date of first exploration
drilling to approximately the condition that existed at
the time the project began, unless the project area is
subsequently used as part of energy development under
the lease.
``(2) Covered activity.--The term `covered activity'
includes, with respect to exploration, development, or
production (including direct use) of geothermal resources--
``(A) a geotechnical investigation;
``(B) off-road travel in a right-of-way established
by Congress, granted by a Federal agency, or included
in a land use plan; and
``(C) construction, maintenance, realignment, and
repair of an existing permanent or temporary access
road within a right-of-way established by Congress,
granted by a Federal agency, or included in a land use
plan.
``(b) Non-Major Federal Action.--Geothermal exploration projects
and covered activities shall not be considered major Federal actions
under section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)).
``(c) Requirement To Provide Notice.--The holder of a geothermal
lease shall provide to the Secretary notice of their intent to carry
out a geothermal exploration project at least 30 days before the start
of drilling under the project.''.
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
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 such 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.--Not 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 (b) 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.''.
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