[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5631 Referred in Senate (RFS)]
<DOC>
119th CONGRESS
2d Session
H. R. 5631
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 3, 2026
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To promote responsible geothermal energy development on public lands,
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 Energy Advancement Act''.
SEC. 2. EFFECT OF PENDING CIVIL ACTIONS ON PROCESSING APPLICATIONS
RELATED TO GEOTHERMAL LEASING.
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is
amended by adding at the end the following:
``(h) Effect of Pending Civil Actions on Processing Applications
Related to Geothermal Leasing.--
``(1) Requirement to process applications.--Notwithstanding
the existence of any pending civil action that affects an
application for a geothermal drilling permit, sundry notice,
notice to proceed, right-of-way, or any other authorization
under a valid existing geothermal lease, the Secretary shall,
unless a United States Federal court vacates or provides
injunctive relief for the applicable geothermal lease,
geothermal drilling permit, sundry notice, notice to proceed,
right-of-way, or other authorization, approve and issue, or
deny, each such application not later than 60 days after
completing all requirements under applicable Federal laws and
regulations, including the National Environmental Policy Act of
1969, the Endangered Species Act of 1973, and division A of
subtitle III of title 54, United States Code.
``(2) No new authority for federal courts.--Nothing in this
subsection shall be construed as modifying any existing
authority of a Federal court to vacate or provide injunctive
relief for a geothermal lease, geothermal drilling permit,
sundry notice, notice to proceed, right-of-way, or other
authorization.
``(3) Definition of authorization.--In this subsection, the
term `authorization' means any license, permit, approval,
finding, determination, or other administrative decision issued
by a Federal agency, or any interagency consultation, that is
required or authorized under Federal law or regulations in
order to site, construct, reconstruct, or commence operations
of a geothermal project administered by a Federal agency.''.
SEC. 3. COST RECOVERY FROM GEOTHERMAL LEASING, PERMITTING, AND
INSPECTIONS.
Section 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005) is
amended by adding at the end the following:
``(j) Cost Recovery.--
``(1) In general.--During the period that begins on the
date of enactment of this subsection and ends September 30,
2033, the Secretary may require an applicant for, or a holder
of, a geothermal lease to reimburse the United States for all
reasonable administrative and other costs incurred by the
United States from--
``(A) processing the application for the geothermal
lease, including any application for an operations
plan, geothermal drilling permit, utilization plan,
site license, facility construction permit, commercial
use permit, and any other approval associated with a
geothermal lease; and
``(B) inspecting and monitoring--
``(i) geophysical exploration activities;
``(ii) the drilling, plugging, and
abandonment of wells; and
``(iii) the construction, operation,
termination, and reclamation of any well site
or facility for the utilization of geothermal
resources pursuant to the geothermal lease.
``(2) Considerations.--In determining whether to require
reimbursement under paragraph (1), the Secretary shall consider
whether there is in existence a cooperative cost share
agreement between the United States and the holder of a
geothermal lease.
``(3) Adjustments.--The Secretary may reduce the amount to
be reimbursed under paragraph (1) if the Secretary determines--
``(A) that full reimbursement would impose an
economic hardship on the applicant; or
``(B) that a less than full reimbursement is
necessary to promote the greatest use of geothermal
resources.
``(4) Use.--The amounts reimbursed under this subsection
shall be credited to the currently applicable appropriation,
account, or fund of the Department of the Interior as
discretionary offsetting collections, and shall be available
only to the extent provided in advance in appropriations Acts
for--
``(A) processing the application for geothermal
leases, including any application for operations plans,
geothermal drilling permits, utilization plans, site
licenses, facility construction permits, commercial use
permits, and any other approval associated with
geothermal leases; and
``(B) inspecting and monitoring--
``(i) geophysical exploration activities;
``(ii) the drilling, plugging, and
abandonment of wells; and
``(iii) the construction, operation,
termination, and reclamation of any well site
or facility for the utilization of geothermal
resources pursuant to geothermal leases.''.
SEC. 4. REPORT.
(a) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary of the Interior, in consultation with the
geothermal industry and other stakeholders, shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, and make
publicly available on the website of the Department of the Interior, a
report that includes--
(1) an assessment of how the amendments made by section 3
of this Act affected the Bureau of Land Management's geothermal
program;
(2) any recommendations for reauthorization of section 6(j)
of the Geothermal Steam Act of 1970, as added by this Act; and
(3) any other recommendations for updates to such section
and the Bureau of Land Management's geothermal program.
(b) Considerations.--In developing the report required in
subsection (a), the Secretary of the Interior shall solicit facts or
information from the geothermal industry and other stakeholders.
SEC. 5. PUBLICATION OF ``GOLD BOOK'' FOR GEOTHERMAL OPERATIONS ON
FEDERAL LANDS.
(a) Identification.--Not later than one year after the date of
enactment of this Act, the Secretary of the Interior, in consultation
with other relevant Federal agencies, shall identify standard
procedures and guidelines for efficient and environmentally responsible
geothermal leasing and permitting to the extent such standard
procedures and guidelines are not addressed in the fourth edition of
the Bureau of Land Management's ``Surface Operating Standards and
Guidelines for Oil and Gas Exploration and Development'', commonly
known as the ``Gold Book'' and last revised in 2007.
(b) Publication.--
(1) In general.--Not later than 270 days after identifying
standard procedures and guidelines under subsection (a), the
Secretary of the Interior shall publish an updated version of
the Gold Book incorporating any changes necessary to support
efficient and environmentally responsible geothermal leasing
and permitting for use by the field offices of the Bureau of
Land Management and geothermal operators.
(2) Renaming gold book.--The Secretary of the Interior
shall rename the Gold Book to reflect the incorporation of
standard procedures and guidelines related to geothermal
development.
(c) Consultation.--Before publishing an updated version of the Gold
Book, the Secretary of the Interior shall consult with--
(1) other relevant Federal agencies, including field
offices of the Bureau of Land Management; and
(2) outside stakeholders, including developers and other
experts.
(d) Inclusions.--Each updated version of the Gold Book shall
include standard procedures and guidelines for ensuring the efficient
review and approval of environmentally responsible geothermal
development, including--
(1) exploration and geophysical operations;
(2) permitting lease operations;
(3) compliance with all applicable laws and regulations;
(4) construction and maintenance; and
(5) drilling, production, and utilization operations.
(e) Periodic Revision.--The Secretary of the Interior shall--
(1) at least once every five years, review the most recent
version of the Gold Book; and
(2) if determined necessary by the Secretary of the
Interior to support efficient and environmentally responsible
geothermal leasing and permitting, publish an updated version
of the Gold Book.
SEC. 6. GEOTHERMAL OMBUDSMAN AND PERMITTING TASK FORCE.
(a) Definitions.--In this section:
(1) Geothermal authorization.--The term ``geothermal
authorization'' means any license, permit, approval, finding,
determination, or other administrative decision issued by the
Bureau of Land Management and any interagency consultation that
is required or authorized under Federal law in order to site,
construct, reconstruct, or commence operations of a geothermal
energy project administered by the Bureau of Land Management.
(2) Geothermal energy project.--The term ``geothermal
energy project'' means a project wholly or partially located on
public land that uses geothermal energy to generate heat or
electricity.
(3) Public land.--The term ``public land'' means lands
subject to geothermal leasing under section 3 of the Geothermal
Steam Act of 1970 (30 U.S.C. 1002).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Task force.--The term ``Task Force'' means the
Geothermal Permitting Task Force established under subsection
(c).
(b) Geothermal Ombudsman.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall appoint from within
the Bureau of Land Management a Geothermal Ombudsman.
(2) Duties.--The Geothermal Ombudsman appointed under
paragraph (1) shall--
(A) act as a liaison between--
(i) the individual field, district, and
State offices of the Bureau of Land Management;
(ii) the Division Chief of the National
Renewable Energy Coordination Office of the
Bureau of Land Management; and
(iii) the Director of the Bureau of Land
Management;
(B) provide dispute resolution services between the
individual field, district, and State offices of the
Bureau of Land Management and applicants for geothermal
authorizations;
(C) monitor and facilitate permit processing
practices and timelines across individual field offices
of the Bureau of Land Management;
(D) develop best practices for the permitting and
leasing process for geothermal resources; and
(E) coordinate with the Federal Permitting
Improvement Steering Council.
(c) Geothermal Permitting Task Force.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish within
the Bureau of Land Management a Geothermal Permitting Task
Force.
(2) Leadership.--The Task Force shall be headed by the
Geothermal Ombudsman appointed under subsection (b).
(3) Permitting support.--The Task Force shall support the
duties of the Geothermal Ombudsman appointed under subsection
(b).
(4) Cross-office personnel assignments.--
(A) In general.--In their capacity as head of the
Task Force, the Geothermal Ombudsman may coordinate
with any Departmental bureau or office to assign
personnel with relevant expertise to assist with
completion of geothermal authorizations in field,
district, or State offices other than the official duty
station where such personnel are located if--
(i) the Departmental bureau or office
determines that such assignment will not
materially delay ongoing completion of
authorizations within the office where the
employee is located; and
(ii) approval is received from the head of
the official duty station where the assigned
employee is located.
(B) Assigned personnel requirements.--Department
personnel assigned to assist with completion of
geothermal authorizations under subparagraph (A)
shall--
(i) work in-person full-time at an official
Department office;
(ii) if necessary as determined by the
Geothermal Ombudsman, travel to the Bureau of
Land Management field, district, or State
office with jurisdiction over the geothermal
authorization to which the employee has been
assigned by the Geothermal Ombudsman;
(iii) participate as part of the team of
personnel working on geothermal authorizations
to which the employee has been assigned by the
Geothermal Ombudsman; and
(iv) regularly report to the head of the
field, district, or State office of the Bureau
of Land Management with jurisdiction over
geothermal authorizations to which the employee
has been assigned by the Geothermal Ombudsman.
(C) Retention allowances.--
(i) In general.--Subject to the
availability of appropriations, the Geothermal
Ombudsman may pay a retention allowance to an
employee assigned to assist with the completion
of geothermal authorizations under subparagraph
(A). Retention allowances--
(I) shall be stated as the
percentage of the rate of basic pay of
an employee, and may not exceed 25
percent of such rate of basic pay;
(II) may not be considered to be
part of the basic pay of an employee,
and the reduction or elimination of a
retention allowance may not be
appealed; and
(III) shall be paid at the same
time and in the same manner as the
employee's basic pay is paid.
(ii) Considerations.--In exercising the
retention allowance authority described in
clause (i), the Geothermal Ombudsman shall
consider--
(I) an employee's specialized
expertise related to geothermal
authorizations;
(II) the demonstrated need to
retain an employee to meet the
performance improvement objectives for
geothermal authorization timelines and
develop best practices for completion
of geothermal authorizations; and
(III) the difficulty in recruiting
or replacing qualified personnel with
relevant expertise related to
geothermal authorizations.
(D) Savings clause.--Cross-office personnel
assignments carried out under this paragraph shall not
alter the underlying jurisdiction of other offices of
the Bureau of Land Management over applicable
geothermal authorizations.
(d) Report.--The Geothermal Ombudsman shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives an annual report that
describes the activities of the Task Force and evaluates the
effectiveness of geothermal permit processing during the preceding 1-
year period.
SEC. 7. GEOTHERMAL ROYALTIES.
(a) Definitions.--Section 2 of the Geothermal Steam Act of 1970 (30
U.S.C. 1001) is amended by adding at the end the following:
``(h) `Geothermal electric generating facility' means a
facility, including all necessary equipment or structures
(including turbines and cooling equipment), that produces
electricity using geothermal resources. For purposes of section
5(a)(1), a facility described in the preceding sentence shall
be considered a separate facility from any other such facility
unless the facility shares a turbine with any other such
facility.
``(i) `In-service date' means, with respect to a geothermal
electric generating facility, the date on which the geothermal
electric generating facility begins operating.''.
(b) Geothermal Royalties.--Section 5(a)(1) of the Geothermal Steam
Act of 1970 (30 U.S.C. 1004(a)(1)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``with respect to a geothermal
electric generating facility producing electricity from
such resources,'' before ``not less than'';
(B) by inserting ``by the geothermal electric
generating facility'' after ``produced''; and
(C) by striking ``the first 10 years of production
under the lease'' and inserting ``each year of the 10-
year period following the in-service date of the
geothermal electric generating facility''; and
(2) in subparagraph (B)--
(A) by inserting ``with respect to a geothermal
electric generating facility producing electricity from
such resources,'' before ``not less than'';
(B) by inserting ``by the geothermal electric
generating facility'' after ``produced''; and
(C) by striking ``such 10-year period'' and
inserting ``the period of 10 years described in
subparagraph (A)''.
SEC. 8. NEPA REVIEW.
Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is
amended--
(1) in subsection (a), by inserting ``, or the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.) for the purpose of
exploration or development of geothermal resources'' after ``or
gas''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``or gas'' and
inserting ``, gas, or geothermal''; and
(B) in paragraph (3), by striking ``or gas'' and
inserting ``, gas, or geothermal''.
Passed the House of Representatives June 2, 2026.
Attest:
KEVIN F. MCCUMBER,
Clerk.