Overview
Title
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
The bill wants to make it easier for people to use heat from the Earth by not needing some special permissions from the government if less than half of the land underground belongs to the U.S., and if they have permission from the state. It also says that certain laws to protect nature and history won't always need to be checked, except on Native American lands.
Summary AI
H.R. 7409, known as the "Harnessing Energy At Thermal Sources Act" or the "HEATS Act," proposes amendments to the Geothermal Steam Act of 1970. It aims to allow geothermal activities on non-federal lands without requiring a federal drilling permit if the United States owns less than 50% of the subsurface geothermal rights and a state permit is secured. The bill also exempts such activities from being considered major federal actions under the National Environmental Policy Act, and it specifies that these activities will not trigger certain federal conservation laws unless no state historic preservation laws apply. Additionally, the bill clarifies that royalties due to the U.S. from geothermal energy production remain unaffected and provides for oversight on production accountability, excluding actions on Indian lands.
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AnalysisAI
Overview of the Bill
The proposed legislation, known as the "Harnessing Energy At Thermal Sources Act" or the "HEATS Act," aims to amend the Geothermal Steam Act of 1970. This bill seeks to simplify the regulatory process for geothermal energy production on certain lands by waiving the requirement for a federal drilling permit under specific conditions. It also exempts some geothermal activities from the mandates of the National Environmental Policy Act of 1969. Primarily, these changes pertain to lands where the United States owns less than 50% of the subsurface geothermal estate, provided a state permit is submitted. Notably, these changes do not apply to Indian lands, and federal authorities retain the right to collect royalties from geothermal production.
Summary of Significant Issues
A central concern with this bill is its potential bypass of critical environmental oversight processes. By exempting certain geothermal activities from federal scrutiny, the bill could lead to significant environmental risks. Notably, the exclusion from compliance with the Endangered Species Act of 1973 could jeopardize protected species, as operators can begin activities without federal oversight. Furthermore, the bill's provision, allowing activities to commence 30 days after a state permit is submitted, might not allow adequate time for comprehensive federal review.
Additionally, the bill might lead to complex legal challenges regarding ownership and environmental responsibilities, as it stipulates exemption conditions based on the percentage of subsurface geothermal estate ownership. The deference to state laws for historic preservation could also result in inconsistent protection standards, leading to potential gaps in the preservation of cultural resources.
Impact on the Public
Broadly, this bill could have a mixed impact on the public. On the one hand, it aims to expedite the development of geothermal energy, potentially leading to increased energy production and job creation in the renewable energy sector. This aligns with global goals to transition towards cleaner, more sustainable energy sources. On the other hand, the reduced regulatory oversight could pose significant environmental risks, undermining conservation efforts and potentially harming local ecosystems.
Impact on Specific Stakeholders
For stakeholders in the geothermal energy industry, this bill may represent a positive change, streamlining approval processes and reducing bureaucratic hurdles. By enabling quicker project initiation, it could foster industry growth and innovation. However, environmental groups and conservationists are likely to perceive this legislation negatively, as it potentially sacrifices essential environmental protections for the sake of economic expediency.
Indigenous communities might find the bill's exclusion of Indian lands beneficial, as it retains current protections against unregulated geothermal activities on their lands. However, the inconsistency this creates across different types of land might complicate enforcement and create legal ambiguities.
Overall, while the HEATS Act aims to promote geothermal energy development, it raises questions about balancing industrial growth with environmental stewardship. The bill's impact will likely depend on how effectively state and federal authorities manage these new regulatory changes and address the environmental concerns raised.
Issues
The bill exempts geothermal activities from federal drilling permits on non-Federal surface estates, potentially bypassing critical environmental oversight processes as mandated by the National Environmental Policy Act of 1969 and the Endangered Species Act of 1973, raising environmental and regulatory concerns. (Sections 2 and 30)
The exemption from compliance with section 7 of the Endangered Species Act of 1973 could lead to potential harm to endangered species as activities may commence without federal oversight, posing significant environmental risks. (Section 30)
By allowing activities to commence 30 days after a State permit submission, there may not be adequate time or process for comprehensive review and oversight by federal authorities, risking insufficient environmental and safety evaluations. (Sections 2 and 30)
The provision that the federal government does not require a permit if the United States holds less than 50% of the subsurface geothermal estate could lead to complex legal challenges regarding ownership and environmental responsibilities. (Section 30)
The bill defers to state laws for historic preservation if such laws exist, which could create inconsistencies between state and federal historic preservation standards, possibly leading to inadequate protection of cultural resources. (Section 30)
The exclusion of 'Indian lands' from this bill could lead to inconsistent protections for natural resources and may create a legal disparity between lands that are protected under different jurisdictional laws. (Section 30)
The Secretary of the Interior's authority to conduct reviews and inspections for compliance and royalty payments lacks a defined framework or frequency, which could result in inconsistent enforcement and accountability issues. (Section 30)
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.