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 HEATS Act is a bill that says people don't need special government permission to drill for hot water and steam energy on land that isn't mostly owned by the U.S. government, and it doesn't need to follow some environment rules, but it still must listen to state and Native American land rules.
Summary AI
H. R. 7409, also known as the “Harnessing Energy At Thermal Sources Act” or the "HEATS Act", proposes changes to the Geothermal Steam Act of 1970. It aims to waive the requirement for a Federal drilling permit for geothermal activities on non-Federal land where the U.S. doesn't have more than a 50% ownership of the geothermal resources. The bill also states that these activities won't need additional Federal action or comply with some environmental and historic preservation laws, unless state laws say otherwise. However, these changes would not apply to Indian lands or resources managed for Indian tribes.
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AnalysisAI
The proposed legislation, titled the “Harnessing Energy At Thermal Sources Act” or “HEATS Act,” aims to amend the Geothermal Steam Act of 1970. The primary objective is to facilitate geothermal exploration and production activities by waiving certain federal permit requirements and exempting specific activities from the National Environmental Policy Act of 1969. The bill stipulates that a federal drilling permit will not be required for geothermal operations on non-federal lands when the U.S. holds less than 50% of the geothermal estate, provided that a state permit is obtained. These activities are also excluded from several federal environmental and historical preservation requirements.
General Summary of the Bill
The HEATS Act proposes significant changes in how geothermal energy projects are regulated. By removing the necessity for federal permits on certain lands, the bill seeks to streamline the process for developers aiming to harness geothermal resources. This new approach is intended to reduce the bureaucratic hurdles associated with geothermal energy development, potentially accelerating the deployment of these technologies. Importantly, the bill maintains that Indian lands are excluded from these changes, and it asserts that federal royalties and accountability measures on geothermal production will remain intact.
Summary of Significant Issues
Several critical issues arise from this bill. A major concern is the exemption from compliance with section 7 of the Endangered Species Act of 1973, which could lead to environmental impacts due to reduced federal oversight on species protection. The bill also permits geothermal activities to commence 30 days after a state permit is submitted, a timeline that may not allow sufficient federal review, raising questions about adequate oversight. Moreover, deferring entirely to state laws for historic preservation, especially where no state law exists, could create inconsistencies in protecting cultural resources. Additionally, the bill provides the Secretary with the authority to conduct compliance and royalty payment inspections, but without clarity on the frequency and scope, there might be inconsistencies in enforcement.
Potential Public Impact
Broadly, the bill's intent to expedite geothermal developments can appeal to stakeholders advocating for alternative energy sources. By potentially lowering electricity costs and reducing reliance on fossil fuels, the public could benefit from cleaner energy and economic opportunities associated with new projects. However, the exemption from certain environmental protections could pose risks to local ecosystems, causing concern for communities and activists prioritizing ecological preservation over expedient resource extraction.
Stakeholder Impacts
For energy developers and companies in the geothermal sector, the HEATS Act could offer significant advantages by easing regulatory burdens, enabling faster project timelines, and reducing associated administrative costs. This could foster increased investment and innovation in geothermal energy projects. Conversely, environmental organizations and indigenous groups might view the bill with skepticism, as it could prioritize development over environmental safeguarding and potentially infringe on tribal sovereignty, especially concerning resource management on Indian lands. Thus, the bill underscores tension between economic development and environmental stewardship, a balance that stakeholders must navigate carefully.
Issues
The exemption from section 7 of the Endangered Species Act of 1973 in Sections 2 and 30 could lead to potential environmental concerns, as it allows activities that could harm endangered species without federal oversight. This may be significant due to potential legal challenges or public outcry regarding environmental protection.
The bill allows geothermal activities to commence 30 days after submission of a State permit to the Secretary, as per Sections 2 and 30. This timeline might not provide sufficient time for comprehensive federal review and oversight, potentially leading to insufficient regulation and oversight, which could have environmental and legal implications.
The provision that waives the requirement for a Federal drilling permit for geothermal activities on a non-Federal surface estate, as mentioned in Sections 2 and 30, might ignore broader environmental impacts, especially considering the potential for conflicts between state and federal interests.
The lack of clarity and potential oversight issues regarding historic preservation, as Section 2(b)(5) defers entirely to state law if no state legal framework exists, could lead to legal disputes or inconsistencies in preservation efforts.
The section that grants the Secretary the ability to conduct reviews and inspections for compliance and royalty payments, without specifying the frequency or scope of such inspections (Section 2(c)(2)), might lead to inconsistencies in enforcement or oversight, raising accountability concerns.
The definition and treatment of 'Indian land' in the bill, particularly in Section 30(d) and 30(e), could result in inconsistent enforcement and protection of resources, which might lead to legal and ethical issues related to tribal sovereignty and resource management.
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.