117 S2949 IS: To amend the Energy Policy Act of 2005 and the Geothermal Steam Act of 1970 to describe the scope of activities subject to a presumption of the applicability of an exclusion under the National Environmental Policy Act of 1969. U.S. Senate 2021-10-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2949IN THE SENATE OF THE UNITED STATESOctober 6, 2021Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Energy Policy Act of 2005 and the Geothermal Steam Act of 1970 to describe the scope of activities subject to a presumption of the applicability of an exclusion under the National Environmental Policy Act of 1969.

1.

NEPA review of geothermal exploration or development activities

(a)

In general

Section 390(b) of the Energy Policy Act of 2005 (42 U.S.C. 15942(b)) is amended by adding at the end the following:(6)Conversion of an oil or gas well to a geothermal well..(b)

Geothermal Steam Act of 1970

The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following:

30.

NEPA review of geothermal exploration or development activities

(a)

In general

Action by the Secretary in managing land subject to geothermal leasing under this Act with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (referred to in this section as NEPA) would apply if the activity is conducted pursuant to this Act for the purpose of exploration or development of geothermal resources.(b)

Activities described

The activities referred to in subsection (a) are the following:(1)Individual surface disturbances of less than 5 acres, on the condition that—(A)the total surface disturbance on the lease is not greater than 150 acres; and(B)site-specific analysis in a document prepared pursuant to NEPA has been previously completed.(2)Drilling a geothermal well at a location or well pad site at which drilling has occurred during the 5-year period preceding the date of spudding the well.(3)Drilling a geothermal well within a developed field for which an approved land use plan or any environmental document prepared pursuant to NEPA analyzed the drilling as a reasonably foreseeable activity, on the condition that the land use plan or environmental document was approved during the 5-year period preceding the date of spudding the well.(4)Placement of a pipeline or transmission line in an approved right-of-way corridor, on the condition that the corridor was approved during the 5-year period preceding the date of placement of the pipeline or transmission line.(5)Maintenance of a minor activity, other than any construction or major renovation of a building or facility.(6)Conversion of an oil or gas well to a geothermal well.

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