IIB 

118TH CONGRESS 

2D SESSION H. R. 7409 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2024 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

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. 

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


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HR 7409 RFS

1 SECTION 1. SHORT TITLE. 

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

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

4 SEC. 2. NO FEDERAL PERMIT REQUIRED FOR GEO5 THERMAL ACTIVITIES ON CERTAIN LAND. 

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

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

8 ‘‘SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEO9 THERMAL ACTIVITIES ON CERTAIN LAND. 

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

11 an operator to obtain a Federal drilling permit for geo12 thermal exploration and production activities conducted on 

13 a non-Federal surface estate, provided that— 

14 ‘‘(1) the United States holds an ownership in15 terest of less than 50 percent of the subsurface geo16 thermal estate to be accessed by the proposed action; 

17 and 

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

19 State permit to conduct geothermal exploration and 

20 production activities on the non-Federal surface es21 tate. 

22 ‘‘(b) NO FEDERAL ACTION.—A geothermal explo23 ration and production activity carried out under sub24 section (a)— 


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HR 7409 RFS

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

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

3 National Environmental Policy Act of 1969; 

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

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

6 of the State permit to the Secretary; 

7 ‘‘(4) shall not be subject to section 7 of the En8 dangered Species Act of 1973; and 

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

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

11 States Code (commonly referred to as the ‘National 

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

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

14 law in effect that addresses the preservation of his15 toric properties in such State. 

16 ‘‘(c) ROYALTIES AND PRODUCTION ACCOUNT17 ABILITY.—(1) Nothing in this section shall affect the 

18 amount of royalties due to the United States under this 

19 Act from the production of electricity using geothermal re20 sources (other than direct use of geothermal resources) or 

21 the production of any byproducts. 

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

23 inspections to ensure proper accountability, measurement, 

24 and reporting of the production described in subsection 

25 (a), and payment of royalties. 


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HR 7409 RFS

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

2 actions on Indian lands or resources managed in trust for 

3 the benefit of Indian Tribes. 

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

5 land’ means— 

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

7 an Indian reservation, pueblo, or rancheria; and 

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

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

10 title to which is held— 

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

12 benefit of an Indian tribe or an individual In13 dian; 

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

15 Indian, subject to restriction against alienation 

16 under laws of the United States; or 

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

Passed the House of Representatives November 14, 

2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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