II 

117TH CONGRESS 

1ST SESSION S. 2949 

To amend the Energy Policy Act of 2005 and the Geothermal Steam Act 

of 1970 to describe the scope of activities subject to a presumption 

of the applicability of an exclusion under the National Environmental 

Policy Act of 1969. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 6, 2021 

Mr. LEE introduced the following bill; which was read twice and referred to 

the Committee on Environment and Public Works 

A BILL 

To amend the Energy Policy Act of 2005 and the Geothermal Steam Act of 1970 to describe the scope of 

activities subject to a presumption of the applicability 

of an exclusion under the National Environmental Policy 

Act of 1969. 

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

3 SECTION 1. NEPA REVIEW OF GEOTHERMAL EXPLORATION 

4 OR DEVELOPMENT ACTIVITIES. 

5 (a) IN GENERAL.—Section 390(b) of the Energy Pol6 icy Act of 2005 (42 U.S.C. 15942(b)) is amended by add7 ing at the end the following: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 2949 IS

1 ‘‘(6) Conversion of an oil or gas well to a geo2 thermal well.’’. 

3 (b) GEOTHERMAL STEAM ACT OF 1970.—The Geo4 thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 30. NEPA REVIEW OF GEOTHERMAL EXPLORATION 

7 OR DEVELOPMENT ACTIVITIES. 

8 ‘‘(a) IN GENERAL.—Action by the Secretary in man9 aging land subject to geothermal leasing under this Act 

10 with respect to any of the activities described in subsection 

11 (b) shall be subject to a rebuttable presumption that the 

12 use of a categorical exclusion under the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (re14 ferred to in this section as ‘NEPA’) would apply if the 

15 activity is conducted pursuant to this Act for the purpose 

16 of exploration or development of geothermal resources. 

17 ‘‘(b) ACTIVITIES DESCRIBED.—The activities re18 ferred to in subsection (a) are the following: 

19 ‘‘(1) Individual surface disturbances of less 

20 than 5 acres, on the condition that— 

21 ‘‘(A) the total surface disturbance on the 

22 lease is not greater than 150 acres; and 

23 ‘‘(B) site-specific analysis in a document 

24 prepared pursuant to NEPA has been pre25 viously completed. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 2949 IS

1 ‘‘(2) Drilling a geothermal well at a location or 

2 well pad site at which drilling has occurred during 

3 the 5-year period preceding the date of spudding the 

4 well. 

5 ‘‘(3) Drilling a geothermal well within a devel6 oped field for which an approved land use plan or 

7 any environmental document prepared pursuant to 

8 NEPA analyzed the drilling as a reasonably foresee9 able activity, on the condition that the land use plan 

10 or environmental document was approved during the 

11 5-year period preceding the date of spudding the 

12 well. 

13 ‘‘(4) Placement of a pipeline or transmission 

14 line in an approved right-of-way corridor, on the 

15 condition that the corridor was approved during the 

16 5-year period preceding the date of placement of the 

17 pipeline or transmission line. 

18 ‘‘(5) Maintenance of a minor activity, other 

19 than any construction or major renovation of a 

20 building or facility. 

21 ‘‘(6) Conversion of an oil or gas well to a geo22 thermal well.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS