Geothermal Exploration Opportunities Act of 2015
This bill amends the Geothermal Steam Act of 1970 to categorically exclude from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) a geothermal exploration test project on National Forest System land or land managed by the Bureau of Land Management (BLM) if the project is either:
A leaseholder of a geothermal lease on federal land intending to carry out a geothermal exploration test project must provide notice to the Department of the Interior, with respect to BLM land, or to the Department of Agriculture (USDA), with respect to National Forest System land . BLM and USDA must: review those projects, notify the leaseholder of project deficiencies that preclude the NEPA exemption, and allow leaseholders an opportunity to remedy those deficiencies prior to the date that the leaseholder intended to start drilling.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 562 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 562
To promote exploration for geothermal resources, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2015
Mr. Heller (for himself and Mr. Risch) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To promote exploration for geothermal resources, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Exploration Opportunities
Act of 2015''.
SEC. 2. GEOTHERMAL EXPLORATION TEST PROJECTS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is
amended by adding at the end the following:
``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS.
``(a) Definitions.--In this section:
``(1) Covered land.--The term `covered land' means land
that is--
``(A)(i) public land administered by the Secretary;
or
``(ii) National Forest System land administered by
the Secretary of Agriculture; and
``(B) not excluded from the development of
geothermal energy under--
``(i) a final land use plan established
under the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
``(ii) a final land and resource management
plan established under the National Forest
Management Act of 1976 (16 U.S.C. 1600 et
seq.); or
``(iii) any other applicable law.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
``(B) the Secretary, with respect to land managed
by the Bureau of Land Management (including land held
for the benefit of an Indian tribe).
``(b) NEPA Review of Geothermal Exploration Test Projects.--
``(1) In general.--An eligible activity described in
paragraph (2) carried out on covered land shall be considered
an action categorically excluded from the requirements for an
environmental assessment or an environmental impact statement
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or section 1508.4 of title 40, Code of Federal
Regulations (or a successor regulation) if--
``(A) the action is for the purpose of geothermal
resource exploration operations; and
``(B) the action is conducted pursuant to this Act.
``(2) Eligible activity.--An eligible activity referred to
in paragraph (1) is--
``(A) a geophysical exploration activity that does
not require drilling, including a seismic survey;
``(B) the drilling of a well to test or explore for
geothermal resources on land leased by the Secretary
concerned for the development and production of
geothermal resources that--
``(i) is carried out by the holder of the
lease;
``(ii) causes--
``(I) fewer than 5 acres of soil or
vegetation disruption at the location
of each geothermal exploration well;
and
``(II) not more than an additional
5 acres of soil or vegetation
disruption during access or egress to
the project site;
``(iii) is completed in fewer than 90 days,
including the removal of any surface
infrastructure from the project site; and
``(iv) requires the restoration of the
project site not later than 3 years after the
date of completion of the project to
approximately the condition that existed at the
time the project began, unless--
``(I) the project site is
subsequently used as part of energy
development on the lease; or
``(II) the project--
``(aa) yields geothermal
resources; and
``(bb) the use of the
geothermal resources will be
carried out under another
geothermal generation project
in existence at the time of the
discovery of the geothermal
resources; or
``(C) the drilling of a well to test or explore for
geothermal resources on land leased by the Secretary
concerned for the development and production of
geothermal resources that--
``(i) causes an individual surface
disturbance of fewer than 5 acres if--
``(I) the total surface disturbance
on the leased land is not more than 150
acres; and
``(II) a site-specific analysis has
been prepared under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(ii) involves the drilling of a
geothermal well at a location or well pad site
at which drilling has occurred within 5 years
before the date of spudding the well; or
``(iii) involves the drilling of a
geothermal well in a developed field for
which--
``(I) an approved land use plan or
any environmental document prepared
under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.)
analyzed the drilling as a reasonably
foreseeable activity; and
``(II) the land use plan or
environmental document was approved
within 10 years before the date of
spudding the well.
``(3) Limitation based on extraordinary circumstances.--The
categorical exclusion established under paragraph (1) shall be
subject to extraordinary circumstances in accordance with the
Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2
(or successor provisions).
``(c) Notice of Intent; Review and Determination.--
``(1) Requirement to provide notice.--Not later than 30
days before the date on which drilling begins, a leaseholder
intending to carry out an eligible activity shall provide
notice to the Secretary concerned.
``(2) Review of project.--Not later than 10 days after
receipt of a notice of intent provided under paragraph (1), the
Secretary concerned shall--
``(A) review the project described in the notice
and determine whether the project is an eligible
activity; and
``(B)(i) if the project is an eligible activity,
notify the leaseholder that under subsection (b), the
project is considered a categorical exclusion under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and section 1508.4 of title 40, Code of
Federal Regulations (or a successor regulation); or
``(ii) if the project is not an eligible activity--
``(I) notify the leaseholder that section
102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)) applies to
the project;
``(II) include in that notification clear
and detailed findings on any deficiencies in
the project that prevent the application of
subsection (b) to the project; and
``(III) provide an opportunity to the
leaseholder to remedy the deficiencies
described in the notification before the date
on which the leaseholder plans to begin the
project under paragraph (1).''.
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 114-118.
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