I 

118TH CONGRESS 

2D SESSION H. R. 7409 

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 

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. 

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’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 7409 IH

1 SEC. 2. NO FEDERAL PERMIT REQUIRED FOR GEO2 THERMAL ACTIVITIES ON CERTAIN LAND. 

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

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

5 ‘‘SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEO6 THERMAL ACTIVITIES ON CERTAIN LAND. 

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

8 an operator to obtain a Federal drilling permit for geo9 thermal exploration and production activities conducted on 

10 a non-Federal surface estate, provided that— 

11 ‘‘(1) the United States holds an ownership in12 terest of less than 50 percent of the subsurface geo13 thermal estate to be accessed by the proposed action; 

14 and 

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

16 State permit to conduct geothermal exploration and 

17 production activities on the non-Federal surface es18 tate. 

19 ‘‘(b) NO FEDERAL ACTION.—A geothermal explo20 ration and production activity carried out under sub21 section (a)— 

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

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

24 National Environmental Policy Act of 1969; 

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


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 7409 IH

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

2 of the State permit to the Secretary; 

3 ‘‘(4) shall not be subject to section 7 of the En4 dangered Species Act of 1973; and 

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

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

7 States Code (commonly referred to as the ‘National 

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

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

10 law in effect that addresses the preservation of his11 toric properties in such State. 

12 ‘‘(c) ROYALTIES AND PRODUCTION ACCOUNT13 ABILITY.—(1) Nothing in this section shall affect the 

14 amount of royalties due to the United States under this 

15 Act from the production of electricity using geothermal re16 sources (other than direct use of geothermal resources) or 

17 the production of any byproducts. 

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

19 inspections to ensure proper accountability, measurement, 

20 and reporting of the production described in subsection 

21 (a), and payment of royalties. 

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

23 actions on Indian lands or resources managed in trust for 

24 the benefit of Indian Tribes. 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 7409 IH

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

2 land’ means— 

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

4 an Indian reservation, pueblo, or rancheria; and 

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

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

7 title to which is held— 

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

9 benefit of an Indian tribe or an individual In10 dian; 

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

12 Indian, subject to restriction against alienation 

13 under laws of the United States; or 

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

Æ 


ssavage on LAPJG3WLY3PROD with BILLS