[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5350 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5350

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

                           September 23, 2021

 Mr. Fulcher (for himself, Mr. Westerman, and Mr. Stauber) 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 TEST PROJECTS.

    ``(a) Definition of Geothermal Exploration Test Project.--In this 
section, the term `geothermal exploration test project' means the 
drilling of a well to test or explore for geothermal resources on lands 
for which the Secretary has issued a lease under this Act, that--
            ``(1) is carried out by the holder of the lease;
            ``(2) causes--
                    ``(A) less than 5 acres of soil or vegetation 
                disruption at the location of each geothermal 
                exploration well; and
                    ``(B) not more than an additional 5 acres of soil 
                or vegetation disruption during access or egress to the 
                test site;
            ``(3) is developed--
                    ``(A) less than 12 inches in diameter;
                    ``(B) in a manner that does not require off-road 
                motorized access other than to and from the well site 
                along an identified off-road route;
                    ``(C) without construction of new roads other than 
                upgrading of existing drainage crossings for safety 
                purposes;
                    ``(D) with the use of rubber-tired digging or 
                drilling equipment vehicles; and
                    ``(E) without the use of high-pressure well 
                stimulation;
            ``(4) is completed in less than 90 days, including the 
        removal of any surface infrastructure from the site; and
            ``(5) requires the restoration of the project site within 3 
        years of the date of first exploration drilling to 
        approximately the condition that existed at the time the 
        project began, unless the site is subsequently used as part of 
        energy development under the lease.
    ``(b) Categorical Exclusion.--
            ``(1) In general.--Unless extraordinary circumstances 
        exist, a project that the Secretary determines under subsection 
        (c) is a geothermal exploration test project shall be 
        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 1501.4 of title 40, Code of Federal 
        Regulations (or a successor regulation).
            ``(2) Extraordinary circumstances definition.--In this 
        subsection, the term `extraordinary circumstances' has the same 
        meaning given such term in the Department of the Interior 
        Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 
        (or successor provisions).
    ``(c) Process.--
            ``(1) Requirement to provide notice.--A leaseholder shall 
        provide notice to the Secretary of the leaseholder's intent to 
        carry out a geothermal exploration test project at least 30 
        days before the start of drilling under the project.
            ``(2) Review and determination.--Not later than 10 days 
        after receipt of a notice of intent under paragraph (1), the 
        Secretary shall, with respect to the project described in the 
        notice of intent--
                    ``(A) determine if the project qualifies for a 
                categorical exclusion under subsection (b); and
                    ``(B) notify the leaseholder of such determination.
            ``(3) Opportunity to remedy.--If the Secretary determines 
        under paragraph (2)(A) that the project does not qualify for a 
        categorical exclusion under subsection (b), the Secretary 
        shall--
                    ``(A) include in such notice clear and detailed 
                findings on any deficiencies in the project that 
                resulted in such determination; and
                    ``(B) allow the leaseholder to remedy any such 
                deficiencies and resubmit the notice of intent under 
                paragraph (1).''.

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 
the 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 that 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.--No 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 (d) 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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