S. 4975

119 S4975 IS: Harnessing Energy At Thermal Sources Act of 2026
 U.S. Senate
 2026-07-14
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4975  IN THE SENATE OF THE UNITED STATES   July 14, 2026   Mr. Hoeven  (for himself and  Mr. Daines ) introduced the following bill; which was read twice and referred to the  Committee on Energy and 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 of 2026   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.
 .