I 

113TH CONGRESS 

1ST SESSION H. R. 1363 

To promote timely exploration for geothermal resources under existing 

geothermal leases, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2013 

Mr. LABRADOR 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 ex10 ploration test project’’ means the drilling of a well to test 


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1 or explore for geothermal resources on lands leased by the 

2 Department of the Interior for the development and pro3 duction of geothermal resources, that— 

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

5 (2) causes— 

6 (A) less than 5 acres of soil or vegetation 

7 disruption at the location of each geothermal 

8 exploration well; and 

9 (B) not more than an additional 5 acres of 

10 soil or vegetation disruption during access or 

11 egress to the test site; 

12 (3) is developed— 

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

14 (B) less than 8 inches in diameter; 

15 (C) in a manner that does not require off16 road motorized access other than to and from 

17 the well site along an identified off-road route 

18 for which notice is provided to the Secretary of 

19 the Interior under subsection (c); 

20 (D) without construction of new roads 

21 other than upgrading of existing drainage cross22 ings for safety purposes; and 

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

24 drilling equipment vehicles; 


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1 (4) is completed in less than 45 days, including 

2 the removal of any surface infrastructure from the 

3 site; and 

4 (5) requires the restoration of the project site 

5 within 3 years to approximately the condition that 

6 existed at the time the project began, unless the site 

7 is subsequently used as part of energy development 

8 on the lease. 

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

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

11 4332(2)(C)) shall not apply with respect to a project that 

12 the Secretary of the Interior determines under subsection 

13 (c) is a geothermal exploration test project. 

14 (c) NOTICE OF INTENT; REVIEW AND DETERMINA15 TION.— 

16 (1) REQUIREMENT TO PROVIDE NOTICE.—A 

17 leaseholder intending to carry out a geothermal ex18 ploration test project shall provide notice to the Sec19 retary of the Interior not later than 30 days prior 

20 to the start of drilling under the project. 

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

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

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

24 (A) review the project described in the no25 tice and determine whether it is a geothermal 


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1 exploration test project under subsection (a); 

2 and 

3 (B) notify the leaseholder— 

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

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

6 Environmental Policy Act of 1969 (42 

7 U.S.C. 4332(2)(C)) does not apply to the 

8 project; or 

9 (ii) that section 102(2)(C) of the Na10 tional Environmental Policy Act of 1969 

11 (42 U.S.C. 4332(2)(C)) applies to the 

12 project, including clear and detailed find13 ings on any deficiencies in the project that 

14 preclude the application of subsection (b) 

15 of this section to the project. 

16 (3) OPPORTUNITY TO REMEDY.—If the Sec17 retary provides notice under paragraph (2)(B)(ii) 

18 that section 102(2)(C) of the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 

20 applies to the project, the Secretary shall provide the 

21 leaseholder an opportunity to remedy the deficiencies 

22 described in the notice prior to the date the lease23 holder intended to start drilling under the project. 

Æ 


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