Title: 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.
Policy area: Environmental Protection

Summary:
This bill revises the environmental review of projects on federal lands to expedite geothermal exploration or development activities.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2949 Introduced in Senate (IS)]

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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.

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

SECTION 1. NEPA REVIEW OF GEOTHERMAL EXPLORATION OR DEVELOPMENT 
              ACTIVITIES.

    (a) In General.--Section 390(b) of the Energy Policy Act of 2005 
(42 U.S.C. 15942(b)) is amended by adding at the end the following:
            ``(6) Conversion of an oil or gas well to a geothermal 
        well.''.
    (b) Geothermal Steam Act of 1970.--The Geothermal Steam Act of 1970 
(30 U.S.C. 1001 et seq.) is amended by adding at the end the following:

``SEC. 30. NEPA REVIEW OF GEOTHERMAL EXPLORATION OR DEVELOPMENT 
              ACTIVITIES.

    ``(a) In General.--Action by the Secretary in managing land subject 
to geothermal leasing under this Act with respect to any of the 
activities described in subsection (b) shall be subject to a rebuttable 
presumption that the use of a categorical exclusion under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (referred to 
in this section as `NEPA') would apply if the activity is conducted 
pursuant to this Act for the purpose of exploration or development of 
geothermal resources.
    ``(b) Activities Described.--The activities referred to in 
subsection (a) are the following:
            ``(1) Individual surface disturbances of less than 5 acres, 
        on the condition that--
                    ``(A) the total surface disturbance on the lease is 
                not greater than 150 acres; and
                    ``(B) site-specific analysis in a document prepared 
                pursuant to NEPA has been previously completed.
            ``(2) Drilling a geothermal well at a location or well pad 
        site at which drilling has occurred during the 5-year period 
        preceding the date of spudding the well.
            ``(3) Drilling a geothermal well within a developed field 
        for which an approved land use plan or any environmental 
        document prepared pursuant to NEPA analyzed the drilling as a 
        reasonably foreseeable activity, on the condition that the land 
        use plan or environmental document was approved during the 5-
        year period preceding the date of spudding the well.
            ``(4) Placement of a pipeline or transmission line in an 
        approved right-of-way corridor, on the condition that the 
        corridor was approved during the 5-year period preceding the 
        date of placement of the pipeline or transmission line.
            ``(5) Maintenance of a minor activity, other than any 
        construction or major renovation of a building or facility.
            ``(6) Conversion of an oil or gas well to a geothermal 
        well.''.
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