HEATS Act

Bill: 118-hr-7409
Sponsor: full_name: Rep. Kim, Young [R-CA-40]
Introduced: 2024-02-20
Policy area: Energy
Subjects: Alternative and renewable resources

Energy revenues and royalties

Indian lands and resources rights

Licensing and registrations

Mining
Latest action: action_date: 2024-11-18
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:
action_date: 2024-02-20
action_desc: Introduced in House
text: <p><strong>Harnessing Energy At Thermal Sources Act or the HEATS Act</strong></p><p>This bill exempts certain geothermal activities on state and private lands (except Indian lands) from drilling permit requirements as well as environmental and historic preservation review requirements.</p><p>First, the bill prohibits the Department of the Interior from requiring an operator to obtain a drilling permit under the Geothermal Steam Act of 1970 for any geothermal exploration and production activity conducted on a nonfederal surface estate (i.e., the part of the estate that is above ground) if (1) the United States holds an ownership interest of less than 50% of the subsurface geothermal estate to be accessed by the proposed action, and (2) the operator submits to Interior a state permit to conduct the geothermal exploration and production activity on the nonfederal surface estate.&nbsp;</p><p>Next, the bill states that such geothermal exploration and production activity is not considered a major federal action under National Environmental Policy Act of 1969 (NEPA). Thus, such activity does not trigger NEPA's environmental review requirements.</p><p>In addition, the bill exempts such activity from the consultation requirements under the Endangered Species Act of 1973. It also exempts the activity from review under the National Historic Preservation Act unless the state in which the activity occurs does not have a state law that addresses the preservation of historic properties.</p>

tv_txt: IIB 118th CONGRESS 2d Session H. R. 7409 IN THE SENATE OF THE UNITED STATES November 18, 2024 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend the Geothermal Steam Act of 1970 to waive the requirement for a Federal drilling permit for certain activities, to exempt certain activities from the requirements of the National Environmental Policy Act of 1969, and for other purposes.

1. Short title This Act may be cited as the Harnessing Energy At Thermal Sources Act or the HEATS Act . 2. No Federal permit required for geothermal activities on certain land The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. No Federal permit required for geothermal activities on certain land (a) In general The Secretary shall not require an operator to obtain a Federal drilling permit for geothermal exploration and production activities conducted on a non-Federal surface estate, provided that— (1) the United States holds an ownership interest of less than 50 percent of the subsurface geothermal estate to be accessed by the proposed action; and (2) the operator submits to the Secretary a State permit to conduct geothermal exploration and production activities on the non-Federal surface estate. (b) No Federal action A geothermal exploration and production activity carried out under subsection (a)— (1) shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969; (2) shall require no additional Federal action; (3) may commence 30 days after submission of the State permit to the Secretary; (4) shall not be subject to section 7 of the Endangered Species Act of 1973; and (5) shall only be considered an undertaking under division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act ), if, with respect to the State in which the activity occurs, there is no State law in effect that addresses the preservation of historic properties in such State. (c) Royalties and production accountability (1) Nothing in this section shall affect the amount of royalties due to the United States under this Act from the production of electricity using geothermal resources (other than direct use of geothermal resources) or the production of any byproducts. (2) The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of the production described in subsection (a), and payment of royalties. (d) Exceptions This section shall not apply to actions on Indian lands or resources managed in trust for the benefit of Indian Tribes. (e) Indian land In this section, the term Indian land means— (1) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (2) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (A) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (B) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (C) by a dependent Indian community. .

Passed the House of Representatives November 14, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB 118th CONGRESS 2d Session H. R. 7409 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Geothermal Steam Act of 1970 to waive the requirement for a Federal drilling permit for certain activities, to exempt certain activities from the requirements of the National Environmental Policy Act of 1969, and for other purposes.

1. Short title This Act may be cited as the Harnessing Energy At Thermal Sources Act or the HEATS Act . 2. No Federal permit required for geothermal activities on certain land The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. No Federal permit required for geothermal activities on certain land (a) In general The Secretary shall not require an operator to obtain a Federal drilling permit for geothermal exploration and production activities conducted on a non-Federal surface estate, provided that— (1) the United States holds an ownership interest of less than 50 percent of the subsurface geothermal estate to be accessed by the proposed action; and (2) the operator submits to the Secretary a State permit to conduct geothermal exploration and production activities on the non-Federal surface estate. (b) No Federal action A geothermal exploration and production activity carried out under subsection (a)— (1) shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969; (2) shall require no additional Federal action; (3) may commence 30 days after submission of the State permit to the Secretary; (4) shall not be subject to section 7 of the Endangered Species Act of 1973; and (5) shall only be considered an undertaking under division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act ), if, with respect to the State in which the activity occurs, there is no State law in effect that addresses the preservation of historic properties in such State. (c) Royalties and production accountability (1) Nothing in this section shall affect the amount of royalties due to the United States under this Act from the production of electricity using geothermal resources (other than direct use of geothermal resources) or the production of any byproducts. (2) The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of the production described in subsection (a), and payment of royalties. (d) Exceptions This section shall not apply to actions on Indian lands or resources managed in trust for the benefit of Indian Tribes. (e) Indian land In this section, the term Indian land means— (1) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (2) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (A) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (B) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (C) by a dependent Indian community. .

Passed the House of Representatives November 14, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB Union Calendar No. 609 118th CONGRESS 2d Session H. R. 7409 [Report No. 118–722] IN THE HOUSE OF REPRESENTATIVES February 20, 2024 Mrs. Kim of California (for herself and Mr. Duarte ) introduced the following bill; which was referred to the Committee on Natural Resources November 1, 2024 Additional sponsor: Mrs. Peltola November 1, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend the Geothermal Steam Act of 1970 to waive the requirement for a Federal drilling permit for certain activities, to exempt certain activities from the requirements of the National Environmental Policy Act of 1969, and for other purposes.

1. Short title This Act may be cited as the Harnessing Energy At Thermal Sources Act or the HEATS Act . 2. No Federal permit required for geothermal activities on certain land The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. No Federal permit required for geothermal activities on certain land (a) In general The Secretary shall not require an operator to obtain a Federal drilling permit for geothermal exploration and production activities conducted on a non-Federal surface estate, provided that— (1) the United States holds an ownership interest of less than 50 percent of the subsurface geothermal estate to be accessed by the proposed action; and (2) the operator submits to the Secretary a State permit to conduct geothermal exploration and production activities on the non-Federal surface estate. (b) No Federal action A geothermal exploration and production activity carried out under subsection (a)— (1) shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969; (2) shall require no additional Federal action; (3) may commence 30 days after submission of the State permit to the Secretary; (4) shall not be subject to section 7 of the Endangered Species Act of 1973; and (5) shall only be considered an undertaking under division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act ), if, with respect to the State in which the activity occurs, there is no State law in effect that addresses the preservation of historic properties in such State. (c) Royalties and production accountability (1) Nothing in this section shall affect the amount of royalties due to the United States under this Act from the production of electricity using geothermal resources (other than direct use of geothermal resources) or the production of any byproducts. (2) The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of the production described in subsection (a), and payment of royalties. (d) Exceptions This section shall not apply to actions on Indian lands or resources managed in trust for the benefit of Indian Tribes. (e) Indian land In this section, the term Indian land means— (1) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (2) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (A) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (B) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (C) by a dependent Indian community. .

November 1, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: I 118th CONGRESS 2d Session H. R. 7409 IN THE HOUSE OF REPRESENTATIVES February 20, 2024 Mrs. Kim of California (for herself and Mr. Duarte ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Geothermal Steam Act of 1970 to waive the requirement for a Federal drilling permit for certain activities, to exempt certain activities from the requirements of the National Environmental Policy Act of 1969, and for other purposes.

1. Short title This Act may be cited as the Harnessing Energy At Thermal Sources Act or the HEATS Act . 2. No Federal permit required for geothermal activities on certain land The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. No Federal permit required for geothermal activities on certain land (a) In general The Secretary shall not require an operator to obtain a Federal drilling permit for geothermal exploration and production activities conducted on a non-Federal surface estate, provided that— (1) the United States holds an ownership interest of less than 50 percent of the subsurface geothermal estate to be accessed by the proposed action; and (2) the operator submits to the Secretary a State permit to conduct geothermal exploration and production activities on the non-Federal surface estate. (b) No Federal action A geothermal exploration and production activity carried out under subsection (a)— (1) shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969; (2) shall require no additional Federal action; (3) may commence 30 days after submission of the State permit to the Secretary; (4) shall not be subject to section 7 of the Endangered Species Act of 1973; and (5) shall only be considered an undertaking under division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act ), if, with respect to the State in which the activity occurs, there is no State law in effect that addresses the preservation of historic properties in such State. (c) Royalties and production accountability (1) Nothing in this section shall affect the amount of royalties due to the United States under this Act from the production of electricity using geothermal resources (other than direct use of geothermal resources) or the production of any byproducts. (2) The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of the production described in subsection (a), and payment of royalties. (d) Exceptions This section shall not apply to actions on Indian lands or resources managed in trust for the benefit of Indian Tribes. (e) Indian land In this section, the term Indian land means— (1) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (2) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (A) in trust by the United States for the benefit of an Indian tribe or an individual Indian; (B) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (C) by a dependent Indian community. .