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Union Calendar No. 609 

118TH CONGRESS 

2D SESSION H. R. 7409 

[Report No. 118–722] 

To amend the Geothermal Steam Act of 1970 to waive the requirement 

for a Federal drilling permit for certain activities, to exempt certain 

activities from the requirements of the National Environmental Policy 

Act of 1969, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 20, 2024 

Mrs. KIM of California (for herself and Mr. DUARTE) introduced the following 

bill; which was referred to the Committee on Natural Resources 

NOVEMBER 1, 2024 

Additional sponsor: Mrs. PELTOLA

NOVEMBER 1, 2024 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 7409 RH

A BILL 

To amend the Geothermal Steam Act of 1970 to waive 

the requirement for a Federal drilling permit for certain 

activities, to exempt certain activities from the requirements of the National Environmental Policy Act of 1969, 

and for other purposes. 


ssavage on LAPJG3WLY3PROD with BILLS
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•HR 7409 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Harnessing Energy 

5 At Thermal Sources Act’’ or the ‘‘HEATS Act’’. 

6 SEC. 2. NO FEDERAL PERMIT REQUIRED FOR GEO7 THERMAL ACTIVITIES ON CERTAIN LAND. 

8 The Geothermal Steam Act of 1970 (30 U.S.C. 1001 

9 et seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEO11 THERMAL ACTIVITIES ON CERTAIN LAND. 

12 ‘‘(a) IN GENERAL.—The Secretary shall not require 

13 an operator to obtain a Federal drilling permit for geo14 thermal exploration and production activities conducted on 

15 a non-Federal surface estate, provided that— 

16 ‘‘(1) the United States holds an ownership in17 terest of less than 50 percent of the subsurface geo18 thermal estate to be accessed by the proposed action; 

19 and 

20 ‘‘(2) the operator submits to the Secretary a 

21 State permit to conduct geothermal exploration and 

22 production activities on the non-Federal surface es23 tate. 


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1 ‘‘(b) NO FEDERAL ACTION.—A geothermal explo2 ration and production activity carried out under sub3 section (a)— 

4 ‘‘(1) shall not be considered a major Federal 

5 action for the purposes of section 102(2)(C) of the 

6 National Environmental Policy Act of 1969; 

7 ‘‘(2) shall require no additional Federal action; 

8 ‘‘(3) may commence 30 days after submission 

9 of the State permit to the Secretary; 

10 ‘‘(4) shall not be subject to section 7 of the En11 dangered Species Act of 1973; and 

12 ‘‘(5) shall only be considered an undertaking 

13 under division A of subtitle III of title 54, United 

14 States Code (commonly referred to as the ‘National 

15 Historic Preservation Act’), if, with respect to the 

16 State in which the activity occurs, there is no State 

17 law in effect that addresses the preservation of his18 toric properties in such State. 

19 ‘‘(c) ROYALTIES AND PRODUCTION ACCOUNT20 ABILITY.—(1) Nothing in this section shall affect the 

21 amount of royalties due to the United States under this 

22 Act from the production of electricity using geothermal re23 sources (other than direct use of geothermal resources) or 

24 the production of any byproducts. 


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1 ‘‘(2) The Secretary may conduct onsite reviews and 

2 inspections to ensure proper accountability, measurement, 

3 and reporting of the production described in subsection 

4 (a), and payment of royalties. 

5 ‘‘(d) EXCEPTIONS.—This section shall not apply to 

6 actions on Indian lands or resources managed in trust for 

7 the benefit of Indian Tribes. 

8 ‘‘(e) INDIAN LAND.—In this section, the term ‘Indian 

9 land’ means— 

10 ‘‘(1) any land located within the boundaries of 

11 an Indian reservation, pueblo, or rancheria; and 

12 ‘‘(2) any land not located within the boundaries 

13 of an Indian reservation, pueblo, or rancheria, the 

14 title to which is held— 

15 ‘‘(A) in trust by the United States for the 

16 benefit of an Indian tribe or an individual In17 dian; 

18 ‘‘(B) by an Indian tribe or an individual 

19 Indian, subject to restriction against alienation 

20 under laws of the United States; or 

21 ‘‘(C) by a dependent Indian community.’’. 


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Union Calendar No. 609 

118TH CONGRESS 

2D SESSION H. R. 7409 

[Report No. 118–722] 

A BILL 

To amend the Geothermal Steam Act of 1970 to 

purposes. Environmental Policy Act of 1969, and for other tivities from the requirements of the National mit for certain activities, to exempt certain acwaive the requirement for a Federal drilling perNOVEMBER 1, 2024 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


ssavage on LAPJG3WLY3PROD with BILLS