II 

117TH CONGRESS 

1ST SESSION S. 2824 

To amend the Geothermal Steam Act of 1970 to promote timely exploration 

for geothermal resources under geothermal leases, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2021 

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

to the Committee on Environment and Public Works 

A BILL 

To amend the Geothermal Steam Act of 1970 to promote 

timely exploration for geothermal resources under 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 ‘‘Enhancing Geothermal 

5 Production on Federal Lands Act’’. 

6 SEC. 2. GEOTHERMAL PRODUCTION ON FEDERAL LANDS. 

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

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


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1 ‘‘SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS. 

2 ‘‘(a) DEFINITION OF GEOTHERMAL EXPLORATION

3 TEST PROJECT.—In this section, the term ‘geothermal ex4 ploration test project’ means the drilling of a well to test 

5 or explore for geothermal resources on lands for which the 

6 Secretary has issued a lease under this Act, that— 

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

8 ‘‘(2) causes— 

9 ‘‘(A) less than 5 acres of soil or vegetation 

10 disruption at the location of each geothermal 

11 exploration well; and 

12 ‘‘(B) not more than an additional 5 acres 

13 of soil or vegetation disruption during access or 

14 egress to the test site; 

15 ‘‘(3) is developed— 

16 ‘‘(A) less than 12 inches in diameter; 

17 ‘‘(B) in a manner that does not require 

18 off-road motorized access other than to and 

19 from the well site along an identified off-road 

20 route; 

21 ‘‘(C) without construction of new roads 

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

24 ‘‘(D) with the use of rubber-tired digging 

25 or drilling equipment vehicles; and 


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1 ‘‘(E) without the use of high-pressure well 

2 stimulation; 

3 ‘‘(4) is completed in less than 90 days, includ4 ing the removal of any surface infrastructure from 

5 the site; and 

6 ‘‘(5) requires the restoration of the project site 

7 within 3 years of the date of first exploration drilling 

8 to approximately the condition that existed at the 

9 time the project began, unless the site is subse10 quently used as part of energy development under 

11 the lease. 

12 ‘‘(b) CATEGORICAL EXCLUSION.— 

13 ‘‘(1) IN GENERAL.—Unless extraordinary cir14 cumstances exist, a project that the Secretary deter15 mines under subsection (c) is a geothermal explo16 ration test project shall be categorically excluded 

17 from the requirements for an environmental assess18 ment or an environmental impact statement under 

19 the National Environmental Policy Act of 1969 (42 

20 U.S.C. 4321 et seq.) or section 1501.4 of title 40, 

21 Code of Federal Regulations (or a successor regula22 tion). 

23 ‘‘(2) EXTRAORDINARY CIRCUMSTANCES DEFINI24 TION.—In this subsection, the term ‘extraordinary 

25 circumstances’ has the same meaning given such 


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1 term in the Department of the Interior Depart2 mental Manual, 516 DM 2.3A(3) and 516 DM 2, 

3 Appendix 2 (or successor provisions). 

4 ‘‘(c) PROCESS.— 

5 ‘‘(1) REQUIREMENT TO PROVIDE NOTICE.—A 

6 leaseholder shall provide notice to the Secretary of 

7 the leaseholder’s intent to carry out a geothermal ex8 ploration test project at least 30 days before the 

9 start of drilling under the project. 

10 ‘‘(2) REVIEW AND DETERMINATION.—Not later 

11 than 10 days after receipt of a notice of intent 

12 under paragraph (1), the Secretary shall, with re13 spect to the project described in the notice of in14 tent— 

15 ‘‘(A) determine if the project qualifies for 

16 a categorical exclusion under subsection (b); 

17 and 

18 ‘‘(B) notify the leaseholder of such deter19 mination. 

20 ‘‘(3) OPPORTUNITY TO REMEDY.—If the Sec21 retary determines under paragraph (2)(A) that the 

22 project does not qualify for a categorical exclusion 

23 under subsection (b), the Secretary shall— 


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1 ‘‘(A) include in such notice clear and de2 tailed findings on any deficiencies in the project 

3 that resulted in such determination; and 

4 ‘‘(B) allow the leaseholder to remedy any 

5 such deficiencies and resubmit the notice of in6 tent under paragraph (1).’’. 

7 SEC. 3. GEOTHERMAL LEASING PRIORITY AREAS. 

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

9 et seq.) is further amended by adding at the end the fol10 lowing: 

11 ‘‘SEC. 31. GEOTHERMAL LEASING PRIORITY AREAS. 

12 ‘‘(a) DEFINITION OF COVERED LAND.—In this sec13 tion, the term ‘covered land’ means land that is— 

14 ‘‘(1) Federal land; and 

15 ‘‘(2) not excluded from the development of geo16 thermal energy under— 

17 ‘‘(A) a land use plan established under the 

18 Federal Land Policy and Management Act of 

19 1976 (43 U.S.C. 1701 et seq.); or 

20 ‘‘(B) any other Federal law. 

21 ‘‘(b) DESIGNATION OF GEOTHERMAL LEASING PRI22 ORITY AREAS.—The Secretary, in consultation with the 

23 Secretary of Energy, shall designate portions of covered 

24 land as geothermal leasing priority areas as soon as pracVerDate Sep 11 2014 03:00 Sep 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

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1 ticable, but not later than 5 years, after the date of the 

2 enactment of this section. 

3 ‘‘(c) CRITERIA FOR SELECTION.—In determining 

4 which covered lands to designate as geothermal leasing 

5 priority areas under subsection (b), the Secretary, in con6 sultation with the Secretary of Energy, shall consider if— 

7 ‘‘(1) the covered land is preferable for geo8 thermal leasing; 

9 ‘‘(2) production of geothermal energy on such 

10 land is economically viable, including if such land 

11 has access to methods of energy transmission; and 

12 ‘‘(3) the designation would be in compliance 

13 with section 202 of the Federal Land Policy and 

14 Management Act of 1976 (43 U.S.C. 1712), includ15 ing subsection (c)(9) of that section. 

16 ‘‘(d) REVIEW AND MODIFICATION.—Not less fre17 quently than once every 10 years, the Secretary shall— 

18 ‘‘(1) review covered land and, if appropriate, 

19 make additional designations of geothermal leasing 

20 priority areas; and 

21 ‘‘(2) review each area designated as a geo22 thermal leasing priority area under this section, and, 

23 if appropriate, remove such designation. 

24 ‘‘(e) PROGRAMMATIC ENVIRONMENTAL IMPACT

25 STATEMENT.— 


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1 ‘‘(1) INITIAL DESIGNATIONS.—No later than 

2 one year after the initial designation of a geothermal 

3 leasing priority area, the Secretary shall prepare a 

4 supplement to any final programmatic environmental 

5 impact statement for geothermal leasing that is the 

6 most recently finalized such statement with respect 

7 to covered land designated as a geothermal leasing 

8 priority area under subsection (b). 

9 ‘‘(2) SUBSEQUENT DESIGNATIONS.—Each des10 ignation of a geothermal leasing priority area under 

11 subsection (d) shall be included in a programmatic 

12 environmental impact statement for geothermal leas13 ing or in a supplement to such a statement. 

14 ‘‘(3) CONSULTATIONS.—In developing any pro15 grammatic environmental impact statement for geo16 thermal leasing or supplement to such a statement 

17 under this section, the Secretary shall consult, on an 

18 ongoing basis, with appropriate State, Tribal, and 

19 local governments, transmission infrastructure own20 ers and operators, developers, and other appropriate 

21 entities. 

22 ‘‘(4) PROCEDURE.—The Secretary may not 

23 delay issuing a permit or holding a lease sale under 

24 this Act because the supplement required under 


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1 paragraph (1) has not been finalized by the Sec2 retary. 

3 ‘‘(f) COMPLIANCE WITH NEPA.—If the Secretary 

4 determines that the designation of a geothermal leasing 

5 priority area has been sufficiently analyzed by a pro6 grammatic environmental impact statement, the Secretary 

7 shall not prepare any additional analysis under the Na8 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

9 et seq.) with respect to geothermal lease sales for such 

10 geothermal leasing priority area.’’. 

Æ 


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