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 is a plan to make it easier for people to explore and use hot water and steam from underground to make energy by letting them skip some federal rules, but they still need to follow state rules and pay fees to the government. However, it won't apply to special lands like Indian lands, and there are worries about how it might affect wildlife and old, important places.
Summary AI
H.R. 7409 proposes changes to the Geothermal Steam Act of 1970 by waiving the requirement for federal drilling permits for geothermal exploration and production activities on certain non-federal lands. For these activities to proceed without a federal permit, the United States must hold less than 50% ownership of the geothermal resources involved, and operators must have a state permit. Additionally, these activities will not be considered major federal actions under the National Environmental Policy Act and are exempt from certain other federal regulations, except when conducted on Indian lands. The bill also ensures the United States continues to receive royalties from these activities and allows the Secretary to oversee proper accountability and payment.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
Summary of the Bill
The proposed legislation, titled the "Harnessing Energy At Thermal Sources Act" or "HEATS Act," aims to streamline the process for developing geothermal energy on certain lands. Specifically, it amends the Geothermal Steam Act of 1970 to waive the requirement for a federal drilling permit for geothermal exploration and production activities when conducted on non-federal surface estates. The United States must own less than 50% of the subsurface geothermal estate accessed, and operators must obtain a state permit instead. This legislation exempts these activities from certain federal environmental regulations, notably not categorizing them as major federal actions under the National Environmental Policy Act of 1969. However, it expressly excludes Indian lands from these provisions.
Summary of Significant Issues
One major issue with the bill is its exemption of certain geothermal activities from needing a federal drilling permit, which could raise environmental concerns. Specifically, these activities would not be subject to certain federal oversight, which includes exceptions from the Endangered Species Act. This raises potential risks to vulnerable ecosystems and protected species.
Another significant concern is the provision allowing geothermal activities to commence 30 days after the submission of a state permit. This timeline might not provide ample opportunity for thorough federal review, potentially leading to oversights regarding environmental and cultural impacts.
The bill also defers to state laws for historic preservation, which may result in inconsistency across states, particularly in places lacking strong preservation laws. Furthermore, the distinction between federal and Indian lands could pose challenges for consistent enforcement and protection of resources.
Impact on the Public
The HEATS Act is designed to expedite geothermal energy development by reducing regulatory hurdles, potentially leading to increased energy production from geothermal sources. This streamlined process could contribute positively to broader renewable energy goals, providing a cleaner energy source with less dependency on fossil fuels.
However, the reduced oversight might pose risks to environmental conservation efforts, notably impacting lands and species that could be affected by geothermal operations. The rapid pace of approval processes may lead to insufficient review of the potential ecological and cultural consequences.
Impact on Specific Stakeholders
Energy Developers: This bill would likely benefit energy developers by simplifying the permit process, thereby encouraging investment in geothermal projects due to the reduced bureaucratic barriers and faster approval times.
State Governments: States may find increased autonomy under this bill, but also greater responsibility. The reliance on state-issued permits could place additional demands on state resources and regulatory frameworks to manage these processes effectively.
Environmental and Cultural Preservation Advocates: There are potential adverse impacts for advocates of environmental and cultural preservation, as lesser federal oversight could threaten wildlife habitats, endangered species, and historic sites.
Tribal Communities: By excluding Indian lands from the provisions, the bill ensures that indigenous territories remain subject to existing regulations. However, the distinction could also lead to disparities in resource management practices and legal complexities, possibly affecting tribal sovereignty.
In conclusion, while the HEATS Act represents a step towards enhancing geothermal energy development, it raises substantial concerns about the potential environmental and cultural ramifications due to its reduced federal oversight. Balancing energy advancement with ecological preservation will likely remain a critical challenge if this bill is enacted.
Issues
The bill exempts certain geothermal activities from needing a Federal drilling permit, which could result in environmental concerns, particularly without federal oversight to account for impacts on endangered species and cultural resources. This is highlighted in Sections 2 and 30, focusing on subsections (a) and (b).
The exemption from section 7 of the Endangered Species Act of 1973 in Section 30(b)(4) could lead to potential harm to endangered or threatened species, raising significant environmental and ethical concerns.
Allowing activities to commence 30 days after the submission of a State permit in Sections 2 and 30(b)(3) could lead to issues with inadequate time for federal review or oversight, potentially resulting in oversight and accountability concerns.
The bill defers to state laws for historic preservation under Section 30(b)(5), which could create inconsistencies between state and federal handling of historic preservation, particularly in states without strong preservation laws.
The distinction made in the bill between Federal and Indian lands, as described in Sections 30(c) and (d), might lead to inconsistencies in enforcement and protection of resources, as well as legal complexities regarding 'Indian land' definitions within Section 30(e).
The bill outlines a lack of clear framework for how the Secretary will enforce and oversee the inspections related to production accountability and royalty payments, as mentioned in Section 30(c)(2), which might lead to inconsistencies and a potential lack of accountability.
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.