I 

112TH CONGRESS 

1ST SESSION H. R. 2171 

To promote timely exploration for geothermal resources under existing 

geothermal leases, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2011 

Mr. LABRADOR (for himself, Mr. HASTINGS of Washington, Mr. LAMBORN, 

Mr. BROUN of Georgia, Mr. DUNCAN of Tennessee, and Mr. WITTMAN) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

A BILL 

To promote timely exploration for geothermal resources 

under existing geothermal leases, 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 ‘‘Exploring for Geo5 thermal Energy on Federal Lands Act’’. 

6 SEC. 2. GEOTHERMAL EXPLORATION NOTICE AND EXCLU7 SION. 

8 (a) DEFINITION OF GEOTHERMAL EXPLORATION

9 TEST PROJECT.—In this section the term ‘‘geothermal exVerDate Mar 15 2010 05:32 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2171.IH H2171

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1 ploration test project’’ means the drilling of a well to test 

2 or explore for geothermal resources on lands leased by the 

3 Department of the Interior for the development and pro4 duction of geothermal resources, that— 

5 (1) is carried out by the holder of the lease; 

6 (2) causes— 

7 (A) less than 1 acre of soil or vegetation 

8 disruption at the location of each geothermal 

9 exploration well; and 

10 (B) not more than 5 acres of soil or vege11 tation disruption during access or egress to the 

12 test site; 

13 (3) is developed— 

14 (A) no deeper than 2,500 feet; 

15 (B) less than 8 inches in diameter; 

16 (C) in a manner that does not require off17 road motorized access other than to and from 

18 the well site along an identified off-road route 

19 for which notice is provided to the Secretary of 

20 the Interior under subsection (c); 

21 (D) without construction of new roads 

22 other than upgrading of existing drainage cross23 ings for safety purposes; and 

24 (E) with the use of rubber-tired digging or 

25 drilling equipment vehicles; and 


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1 (4) is completed in less than 45 days, includ2 ing— 

3 (A) removal of any surface infrastructure 

4 from the site; and 

5 (B) restoration of the project site to ap6 proximately the condition that existed at the 

7 time the project began. 

8 (b) NEPA EXCLUSION.—Section 102(2)(C) of the 

9 National Environmental Policy Act of 1969 (42 U.S.C. 

10 4321 et seq.) shall not apply with respect to a project that 

11 the Secretary of the Interior determines under subsection 

12 (c) is a geothermal exploration test project. 

13 (c) NOTICE OF INTENT; REVIEW AND DETERMINA14 TION.— 

15 (1) REQUIREMENT TO PROVIDE NOTICE.—A 

16 leaseholder intending to carry out a geothermal ex17 ploration test project shall provide notice to the Sec18 retary of the Interior not later than 30 days prior 

19 to the start of drilling under the project. 

20 (2) REVIEW OF PROJECT.—The Secretary shall 

21 by not later than 10 days after receipt of a notice 

22 of intent under paragraph (1) from a leaseholder— 

23 (A) review the project described in the no24 tice and determine whether it is a geothermal 

25 exploration test project under subsection (a); 


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1 (B) notify the leaseholder— 

2 (i) that under subsection (b) of this 

3 section, section 102(2)(C) of the National 

4 Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.) does not apply to the 

6 project; or 

7 (ii) that section 102(2)(C) of the Na8 tional Environmental Policy Act of 1969 

9 (42 U.S.C. 4321 et seq.) applies to the 

10 project, including clear and detailed find11 ings on any deficiencies in the project that 

12 preclude the application of subsection (b) 

13 of this section to the project.. 

14 (3) OPPORTUNITY TO REMEDY.—If the Sec15 retary provides notice under paragraph (2)(B)(ii) 

16 that section 102(2)(C) of the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

18 applies to the project, the Secretary shall provide the 

19 leaseholder an opportunity to remedy the deficiencies 

20 described in the notice prior to the date the lease21 holder intended to start of drilling under the project. 

Æ 


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