HEATS Act
Officially: “HEATS Act” Read the full text
What it does
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1Short title
This section would give the Act the short title "Harnessing Energy At Thermal Sources Act" or the "HEATS Act."
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1. Short title This Act may be cited as the Harnessing Energy At Thermal Sources Act or the HEATS Act .
2No Federal permit required for geothermal activities on certain land
This section would add a new section 30 to the Geothermal Steam Act of 1970. Under the new section, the Secretary could not require an operator to get a federal drilling permit for geothermal exploration and production activities on a non-federal surface estate, as long as the United States holds less than 50 percent ownership interest in the subsurface geothermal estate to be accessed and the operator submits a State permit for the activity to the Secretary. An activity carried out under those conditions would not count as a major federal action for purposes of the environmental review requirement in section 102(2)(C) of the National Environmental Policy Act of 1969, would need no additional federal action, and could begin 30 days after the State permit is submitted to the Secretary. The activity would not be subject to section 7 of the Endangered Species Act of 1973, which requires federal agencies to consult on effects to endangered species. The activity would count as an undertaking under the National Historic Preservation Act only if the State where the activity occurs has no State law addressing preservation of historic properties. The new section would not change the royalties owed to the United States for electricity produced using geothermal resources, other than direct use of geothermal resources, or for any byproducts produced, and the Secretary could still conduct onsite reviews and inspections to make sure this production is properly measured, reported, and accounted for and that royalties are paid. The new section would not apply to actions on Indian lands or to resources managed in trust for the benefit of Indian Tribes. For this purpose, Indian land would mean land within the boundaries of an Indian reservation, pueblo, or rancheria, and also land outside those boundaries that is held in trust by the United States for an Indian tribe or an individual Indian, held by an Indian tribe or an individual Indian subject to a restriction against alienation under federal law, or held by a dependent Indian community.
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2. No Federal permit required for geothermal activities on certain land The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. No Federal permit required for geothermal activities on certain land (a) In general The Secretary shall not require an operator to obtain a Federal drilling permit for geothermal exploration and production activities conducted on a non-Federal surface estate, provided that— (1) the United States holds an ownership interest of less than 50 percent of the subsurface geothermal estate to be accessed by the proposed action; and (2) the operator submits to the Secretary a State permit to conduct geothermal exploration and production activities on the non-Federal surface estate. (b) No Federal action A geothermal exploration and production activity carried out under subsection (a)— (1) shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969; (2) shall require no additional Federal action; (3) may commence 30 days after submission of the State permit to the Secretary; (4) shall not be subject to section 7 of the Endangered Species Act of 1973; and (5) shall only be considered an undertaking under division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act ), if, with respect to the State in which the activity occurs, there is no State law in effect that addresses the preservation of historic properties in such State. (c) Royalties and production accountability (1) Nothing in this section shall affect the amount of royalties due to the United States under this Act from the production of electricity using geothermal resources (other than direct use of geothermal resources) or the production of any byproducts. (2) The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of the production described in subsection (a), and payment of royalties. (d) Exceptions This section shall not apply to actions on Indian lands or resources managed in trust for the benefit of Indian Tribes. (e) Indian land In this section, the term Indian land means— (1) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (2) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (A) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (B) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (C) by a dependent Indian community. .
Where it is
In the House.