Overview
Title
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.
ELI5 AI
H.R. 7409 changes the rules for drilling to get heat from under the Earth, letting some activities skip certain government checks if they have state approval, but it doesn't change how much money the government gets or affect land belonging to Native Americans.
Summary AI
H. R. 7409 seeks to amend the Geothermal Steam Act of 1970 by waiving the requirement for Federal drilling permits for geothermal exploration and production activities on specific lands where the U.S. holds less than 50% of the subsurface geothermal estate. These activities must have a State permit and are exempted from being considered major Federal actions under the National Environmental Policy Act of 1969. Additionally, federal actions like seeking a permit under the Endangered Species Act or requirements for the preservation of historic properties don't apply unless there's no State law addressing historic preservation. The bill doesn't alter existing royalty payments to the U.S. and excludes actions on Indian lands.
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AnalysisAI
General Summary of the Bill
The proposed legislation, known as the “Harnessing Energy At Thermal Sources Act” or the “HEATS Act,” seeks to amend the Geothermal Steam Act of 1970. The primary aim of this bill is to simplify and expedite the process of geothermal exploration and production on certain lands in the United States. It does so by waiving the requirement for a Federal drilling permit when specific conditions are met: the United States must hold less than 50% of the ownership in the geothermal estate, and operators must submit a State permit. Additionally, the bill exempts these activities from the requirements of the National Environmental Policy Act of 1969 and certain provisions of the Endangered Species Act of 1973, along with other federal regulations. However, these provisions do not apply to Indian lands.
Summary of Significant Issues
Several key issues arise from the provisions outlined in the bill:
Environmental Concerns: The bill's exemption from section 7 of the Endangered Species Act of 1973 is a significant point of concern. This exemption could potentially allow geothermal activities that negatively impact endangered species, without the usual federal oversight intended to protect these species and their habitats.
Ambiguity in Regulation: The language surrounding the need for federal permits is somewhat ambiguous. The bill establishes criteria based on ownership interest in the geothermal estate, which could lead to inconsistencies in environmental impact assessments and oversight, leaving potential gaps in protections.
Interaction with State Laws: The bill defers to state laws regarding historic preservation unless no such state framework exists. This could lead to disparities in how historic sites are preserved, raising concerns about inconsistent levels of protection across different states.
Exclusion of Indian Lands: By excluding Indian lands from these provisions, the bill may create inconsistencies in how resources are managed and protected, potentially leading to uneven enforcement of environmental regulations.
Lack of Federal Oversight: The bill allows geothermal activities to commence 30 days following the submission of a state permit. This timeframe may be insufficient for thorough federal reviews, potentially resulting in oversight issues.
Accountability and Oversight: The bill grants the Secretary the authority to conduct reviews and inspections related to production accountability and royalties but lacks a detailed framework or frequency for these inspections, which could lead to inconsistent enforcement.
Potential Impact on the Public
The bill seeks to expedite and reduce the regulatory burden on geothermal exploration and production, potentially enhancing the development of renewable energy sources in the United States. By simplifying the permit process, it could lead to quicker implementation of geothermal projects, potentially creating job opportunities and contributing to economic growth in states rich in geothermal resources.
However, the lack of federal oversight and exemptions from certain environmental protections raises environmental concerns that could have broader implications. Potential harm to endangered species and inconsistent historic preservation protections might lead to public opposition from environmental groups and communities that value these protections.
Impact on Specific Stakeholders
Positive Impacts:
Energy Companies: The bill could significantly benefit geothermal energy companies by reducing regulatory hurdles and expediting project timelines, potentially leading to increased investment and growth within the renewable energy sector.
State Governments: States with geothermal resources might see economic benefits from increased activity and related job creation in this sector, as well as enhanced local energy independence.
Negative Impacts:
Environmental Groups: These organizations might view the allowance for reduced oversight and exemptions from key environmental protections as a risk to biodiversity and ecosystem health, leading to potential legal challenges or protests.
Tribal Communities: The exclusion of Indian lands from these provisions may appear as both a protective measure or an oversight, considering the unique governance and land rights issues involved in tribal areas.
In conclusion, while the HEATS Act aims to promote the development of renewable energy resources, it features several areas of concern that call for careful consideration and potentially further refinement to balance energy needs with environmental and cultural preservation.
Issues
Exemption from section 7 of the Endangered Species Act of 1973 raises significant environmental concerns. This exemption may lead to actions that harm endangered species without federal oversight, potentially causing irreversible damage to protected wildlife and ecosystems. This issue relates to sections 2 and 30.
The ambiguous language regarding the requirement for federal permits could lead to inconsistencies and potential exploitation. The bill allows geothermal activities without a federal permit based on ownership interest and state permit submissions, which might ignore larger environmental impacts. This pertains to sections 2 and 30.
The exclusion of Indian lands presents a potential inconsistency in resource management and protection. By excluding these areas, there may be unequal enforcement of environmental regulations and protections for natural and cultural resources. This is relevant to section 30 (d).
The lack of federal oversight in the 30-day window after submission of a state permit raises concerns. The bill allows activities to commence 30 days after state permit submission, which may not provide sufficient time for federal authorities to conduct thorough reviews, leading to potential oversight issues. This relates to sections 2 and 30.
The interaction between state laws regarding historic preservation and federal regulations lacks clarity. The bill defers entirely to state law if no state framework for historic preservation exists, potentially leading to inadequate protection of historic sites. This issue is found in sections 2 and 30.
Granting the Secretary authority to conduct reviews and inspections without a clear framework might result in inconsistent enforcement or oversight. The bill provides mechanisms for the Secretary to conduct these operations but does not specify their frequency or scope, risking accountability concerns. This is linked to section 30 (c).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the act states that the official name of this legislation is the “Harnessing Energy At Thermal Sources Act,” which can also be abbreviated as the “HEATS Act.”
2. No Federal permit required for geothermal activities on certain land Read Opens in new tab
Summary AI
The section specifies that no Federal drilling permit is needed for geothermal activities on non-Federal lands if the U.S. owns less than 50% of the geothermal estate and a State permit is submitted. These activities are exempt from several Federal regulations, but the federal government retains rights to royalties and oversight of production accountability; Indian lands are excluded from this provision.
30. No Federal permit required for geothermal activities on certain land Read Opens in new tab
Summary AI
The proposed bill states that operators do not need a federal permit for geothermal activities on non-federal lands if the United States owns less than 50% of the subsurface estate and a state permit is obtained. Activities are not considered major federal actions, certain environmental protections do not apply, and the provision does not affect royalties owed to the U.S. or apply to Indian lands.