[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 562 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 562

    To promote exploration for geothermal resources, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2015

 Mr. Heller (for himself and Mr. Risch) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To promote exploration for geothermal resources, 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 ``Geothermal Exploration Opportunities 
Act of 2015''.

SEC. 2. GEOTHERMAL EXPLORATION TEST PROJECTS.

    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) Definitions.--In this section:
            ``(1) Covered land.--The term `covered land' means land 
        that is--
                    ``(A)(i) public land administered by the Secretary; 
                or
                    ``(ii) National Forest System land administered by 
                the Secretary of Agriculture; and
                    ``(B) not excluded from the development of 
                geothermal energy under--
                            ``(i) a final land use plan established 
                        under the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            ``(ii) a final land and resource management 
                        plan established under the National Forest 
                        Management Act of 1976 (16 U.S.C. 1600 et 
                        seq.); or
                            ``(iii) any other applicable law.
            ``(2) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    ``(B) the Secretary, with respect to land managed 
                by the Bureau of Land Management (including land held 
                for the benefit of an Indian tribe).
    ``(b) NEPA Review of Geothermal Exploration Test Projects.--
            ``(1) In general.--An eligible activity described in 
        paragraph (2) carried out on covered land shall be considered 
        an action 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 1508.4 of title 40, Code of Federal 
        Regulations (or a successor regulation) if--
                    ``(A) the action is for the purpose of geothermal 
                resource exploration operations; and
                    ``(B) the action is conducted pursuant to this Act.
            ``(2) Eligible activity.--An eligible activity referred to 
        in paragraph (1) is--
                    ``(A) a geophysical exploration activity that does 
                not require drilling, including a seismic survey;
                    ``(B) the drilling of a well to test or explore for 
                geothermal resources on land leased by the Secretary 
                concerned for the development and production of 
                geothermal resources that--
                            ``(i) is carried out by the holder of the 
                        lease;
                            ``(ii) causes--
                                    ``(I) fewer than 5 acres of soil or 
                                vegetation disruption at the location 
                                of each geothermal exploration well; 
                                and
                                    ``(II) not more than an additional 
                                5 acres of soil or vegetation 
                                disruption during access or egress to 
                                the project site;
                            ``(iii) is completed in fewer than 90 days, 
                        including the removal of any surface 
                        infrastructure from the project site; and
                            ``(iv) requires the restoration of the 
                        project site not later than 3 years after the 
                        date of completion of the project to 
                        approximately the condition that existed at the 
                        time the project began, unless--
                                    ``(I) the project site is 
                                subsequently used as part of energy 
                                development on the lease; or
                                    ``(II) the project--
                                            ``(aa) yields geothermal 
                                        resources; and
                                            ``(bb) the use of the 
                                        geothermal resources will be 
                                        carried out under another 
                                        geothermal generation project 
                                        in existence at the time of the 
                                        discovery of the geothermal 
                                        resources; or
                    ``(C) the drilling of a well to test or explore for 
                geothermal resources on land leased by the Secretary 
                concerned for the development and production of 
                geothermal resources that--
                            ``(i) causes an individual surface 
                        disturbance of fewer than 5 acres if--
                                    ``(I) the total surface disturbance 
                                on the leased land is not more than 150 
                                acres; and
                                    ``(II) a site-specific analysis has 
                                been prepared under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.);
                            ``(ii) involves the drilling of a 
                        geothermal well at a location or well pad site 
                        at which drilling has occurred within 5 years 
                        before the date of spudding the well; or
                            ``(iii) involves the drilling of a 
                        geothermal well in a developed field for 
                        which--
                                    ``(I) an approved land use plan or 
                                any environmental document prepared 
                                under the National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et seq.) 
                                analyzed the drilling as a reasonably 
                                foreseeable activity; and
                                    ``(II) the land use plan or 
                                environmental document was approved 
                                within 10 years before the date of 
                                spudding the well.
            ``(3) Limitation based on extraordinary circumstances.--The 
        categorical exclusion established under paragraph (1) shall be 
        subject to extraordinary circumstances in accordance with the 
        Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 
        (or successor provisions).
    ``(c) Notice of Intent; Review and Determination.--
            ``(1) Requirement to provide notice.--Not later than 30 
        days before the date on which drilling begins, a leaseholder 
        intending to carry out an eligible activity shall provide 
        notice to the Secretary concerned.
            ``(2) Review of project.--Not later than 10 days after 
        receipt of a notice of intent provided under paragraph (1), the 
        Secretary concerned shall--
                    ``(A) review the project described in the notice 
                and determine whether the project is an eligible 
                activity; and
                    ``(B)(i) if the project is an eligible activity, 
                notify the leaseholder that under subsection (b), the 
                project is considered a categorical exclusion under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and section 1508.4 of title 40, Code of 
                Federal Regulations (or a successor regulation); or
                    ``(ii) if the project is not an eligible activity--
                            ``(I) notify the leaseholder that section 
                        102(2)(C) of the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4332(2)(C)) applies to 
                        the project;
                            ``(II) include in that notification clear 
                        and detailed findings on any deficiencies in 
                        the project that prevent the application of 
                        subsection (b) to the project; and
                            ``(III) provide an opportunity to the 
                        leaseholder to remedy the deficiencies 
                        described in the notification before the date 
                        on which the leaseholder plans to begin the 
                        project under paragraph (1).''.
                                 <all>