Secretary shall prescribe rules pursuant to this section for 
cost recovery, to be paid by permit applicants or lessees— 
‘‘(1) to facilitate the timely coordination and 
processing of leases, permits, and authorizations; 
and 
‘‘(2) to reimburse the Secretary for all reason-
able administrative costs incurred from the inspec-
tion and monitoring of activities carried out under 
the permit, lease, or other authorization, as applica-
ble.’’. 
(3) FEDERAL PERMITTING PROCESS.—Not later 
than 1 year after the date of enactment of this Act, 
the Secretary of the Interior shall promulgate regu-
lations and establish a Federal permitting process to 
allow for simultaneous, concurrent consideration of 
multiple phases of a geothermal project, including— 
(A) surface exploration; 
(B) geophysical exploration (including well 
drilling); 
(C) production well drilling; and 
(D) use of geothermal resources (including 
power plant construction). 
(4) GEOTHERMAL PRODUCTION PARITY.—Sec-
tion 390 of the Energy Policy Act of 2005 (42 
U.S.C. 15942) is amended— 
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(A) in subsection (a)— 
(i) by striking ‘‘(NEPA)’’ and insert-
ing ‘‘(42 U.S.C. 4321 et seq.) (referred to 
in this section as ‘NEPA’)’’; 
(ii) by inserting ‘‘(30 U.S.C. 181 et 
seq.)’’ after ‘‘Mineral Leasing Act’’; and 
(iii) by inserting ‘‘or the Geothermal 
Steam Act of 1970 (30 U.S.C. 1001 et 
seq.) for the purpose of exploration or de-
velopment of geothermal resources’’ before 
the period at the end; and 
(B) in subsection (b)— 
(i) in paragraph (2), by striking ‘‘oil 
or gas’’ and inserting ‘‘oil, gas, or geo-
thermal resources’’; and 
(ii) in paragraph (3), by striking ‘‘oil 
or gas’’ and inserting ‘‘oil, gas, or geo-
thermal resources’’. 
(5) GEOTHERMAL OMBUDSMAN.— 
(A) IN GENERAL.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
retary of the Interior shall appoint within the 
Bureau of Land Management a Geothermal 
Ombudsman. 
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(B) DUTIES.—The Geothermal Ombuds-
man appointed under paragraph (1) shall— 
(i) act as a liaison between— 
(I) the individual field offices of 
the Bureau of Land Management; 
(II) the Division Chief of the Na-
tional Renewable Energy Coordination 
Office of the Bureau of Land Man-
agement; and 
(III) the Director of the Bureau 
of Land Management; 
(ii) provide dispute resolution services 
between the individual field offices of the 
Bureau of Land Management and appli-
cants for geothermal resource permits; 
(iii) monitor and facilitate permit 
processing practices and timelines across 
individual field offices of the Bureau of 
Land Management; 
(iv) develop best practices for the per-
mitting and leasing process for geothermal 
resources; and 
(v) coordinate with the Federal Per-
mitting Improvement Steering Council. 
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(C) REPORT.—The Geothermal Ombuds-
man appointed under paragraph (1) shall sub-
mit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on 
Natural Resources of the House of Representa-
tives an annual report that— 
(i) describes the activities carried out 
by the Geothermal Ombudsman during the 
preceding year; and 
(ii) evaluates the effectiveness of geo-
thermal permit processing during the pre-
ceding year. 
(b) PERMITTING COMPLIANCE
ON NON-FEDERAL 
LAND.— 
(1) CERTAIN OIL AND GAS ACTIVITIES ON NON- 
FEDERAL SURFACE.— 
(A) IN
GENERAL.—Notwithstanding the 
Mineral Leasing Act (30 U.S.C. 181 et seq.), 
the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1701 et seq.), or sub-
part 3162 of part 3160 of title 43, Code of 
Federal Regulations (or successor regulations), 
but subject to any applicable State or Tribal re-
quirements and subparagraph (C), the Sec-
retary of the Interior shall not require a permit 
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to drill for an oil and gas lease under the Min-
eral Leasing Act (30 U.S.C. 181 et seq.) for 
any action occurring within an oil and gas drill-
ing or spacing unit if— 
(i) the Federal Government— 
(I) owns fewer than 50 percent of 
the minerals within the oil and gas 
drilling or spacing unit; and 
(II) does not own or lease the 
surface estate within the area directly 
impacted by the drilling; 
(ii) the well is located on non-Federal 
land overlying a non-Federal mineral es-
tate, but some portion of the wellbore en-
ters and produces from the Federal min-
eral estate subject to the lease; or 
(iii) the well is located on non-Federal 
land overlying a non-Federal mineral es-
tate, but some portion of the wellbore tra-
verses but does not produce from the Fed-
eral mineral estate subject to the lease. 
(B) STATE PERMITS TO DRILL AND DRILL-
ING PLANS.—For each State permit to drill or 
drilling plan that would impact or extract oil 
and gas owned by the Federal Government— 
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(i) each lessee of Federal minerals in 
the unit (or a designee) shall— 
(I) notify the Secretary of the In-
terior of the submission of a State ap-
plication for a permit to drill or drill-
ing plan on submission of the applica-
tion; and 
(II) provide to the Secretary of 
the Interior a copy of the application 
described in subclause (I) not later 
than 5 days after the date on which 
the permit or plan is submitted; 
(ii) each lessee described in clause (i) 
(or a designee), and each applicable State, 
shall notify the Secretary of the Interior of 
the approved State permit to drill or drill-
ing plan not later than 45 days after the 
date on which the permit or plan is ap-
proved; and 
(iii) as a condition of commencing 
drilling operations, each lessee described in 
clause (i) (or a designee) shall provide to 
the Secretary of the Interior an agreement 
authorizing the Secretary of the Interior to 
enter non-Federal land, as necessary for 
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inspection and enforcement of the terms of 
the Federal lease. 
(C) 
NONAPPLICABILITY
TO
INDIAN 
LANDS.—Subparagraph (A) shall not apply to 
Indian lands (as defined in section 3 of the 
Federal Oil and Gas Royalty Management Act 
of 1982 (30 U.S.C. 1702)). 
(D) EFFECT.—Nothing in this paragraph 
affects— 
(i) other authorities of the Secretary 
of the Interior under the Federal Oil and 
Gas Royalty Management Act of 1982 (30 
U.S.C. 1701 et seq.); or 
(ii) the amount of royalties due to the 
Federal Government from the production 
of the Federal minerals within an oil or 
gas drilling or spacing unit. 
(2) PERMITTING
COMPLIANCE
FOR
CERTAIN 
GEOTHERMAL
ACTIVITIES
ON
NON-FEDERAL
SUR-
FACE.—The Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.) is amended by adding at the 
end the following: 
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‘‘(B) not later than 5 days after the date 
of the submission, provide to the Secretary a 
copy of the application. 
‘‘(2) APPROVAL
NOTICE.—Not later than 45 
days after the date on which the State permit or 
other State authorization is approved by the applica-
ble State, the operator or the State shall notify the 
Secretary of the approval. 
‘‘(3) ACCESS AGREEMENTS.—As a condition of 
commencing operations under this section, an oper-
ator shall provide to the Secretary an agreement au-
thorizing the Secretary to enter non-Federal land, as 
necessary for inspection and enforcement of the 
terms of any applicable Federal geothermal lease, in-
cluding for production accountability and royalty 
verification. 
‘‘(c) 
ROYALTIES
AND
PRODUCTION
ACCOUNT-
ABILITY.— 
‘‘(1) ROYALTIES.—Nothing in this section af-
fects the amount of royalties due to the United 
States under this Act from the production or use of 
geothermal resources or byproducts. 
‘‘(2) INSPECTIONS.—The Secretary may con-
duct onsite reviews and inspections to ensure proper 
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accountability, measurement, and reporting of pro-
duction and payment of royalties under this Act. 
‘‘(d) EXCEPTIONS.—This section shall not apply to— 
‘‘(1) any action carried out on— 
‘‘(A) land located within the boundaries of 
an Indian reservation, pueblo, or rancheria; or 
‘‘(B) land not located within the bound-
aries of an Indian reservation, pueblo, or 
rancheria, the title to which is held— 
‘‘(i) in trust by the United States for 
the benefit of an Indian Tribe or an indi-
vidual Indian; 
‘‘(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
‘‘(iii) by a dependent Indian commu-
nity; or 
‘‘(2) any resource managed by the United 
States, in trust for the benefit of an Indian Tribe.’’. 
(3) AUTHORITY ON NON-FEDERAL LAND FOR 
OIL AND GAS LEASES.—Section 17(g) of the Mineral 
Leasing Act (30 U.S.C. 226(g)) is amended— 
(A) by striking the subsection designation 
and all that follows through ‘‘Secretary of the 
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Interior, or’’ in the first sentence and inserting 
the following: 
‘‘(g) REGULATION OF SURFACE-DISTURBING ACTIVI-
TIES.— 
‘‘(1) IN GENERAL.—The Secretary of the Inte-
rior, or’’; and 
(B) by adding at the end the following: 
‘‘(2) EFFECT OF MINERAL LEASING ACT.— 
‘‘(A) IN GENERAL.—In the case of an oil 
and gas lease under the Mineral Leasing Act on 
land described in subparagraph (B) that is lo-
cated within an oil and gas drilling or spacing 
unit, nothing in this Act authorizes the Sec-
retary of the Interior— 
‘‘(i) to require a bond to protect non- 
Federal land; 
‘‘(ii) to enter non-Federal land with-
out the consent of the applicable land-
owner; 
‘‘(iii) to impose mitigation require-
ments; or 
‘‘(iv) to require approval for surface 
reclamation. 
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‘‘(B) DESCRIPTION
OF
LAND.—Land re-
ferred to in subparagraph (A) is land with re-
spect to which— 
‘‘(i) the Federal Government— 
‘‘(I) owns fewer than 50 percent 
of the minerals within the oil and gas 
drilling or spacing unit; and 
‘‘(II) does not own or lease the 
surface estate within the area directly 
impacted by the relevant action; 
‘‘(ii) a well is located on non-Federal 
land overlying a non-Federal mineral es-
tate, but some portion of the wellbore en-
ters and produces from the Federal min-
eral estate subject to the lease; or 
‘‘(iii) a well is located on non-Federal 
land overlying a non-Federal mineral es-
tate, but some portion of the wellbore tra-
verses but does not produce from the Fed-
eral mineral estate subject to the lease. 
‘‘(e) DEFINITION OF OPERATOR.—In this section, the 
term ‘operator’ means any person that has taken responsi-
bility in writing, submitted to the Secretary, for geo-
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thermal exploration or production operations conducted 
under a lease issued under this Act.’’. 
Æ 
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