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H.R. 5631 — what changed

Geothermal Energy Advancement Act

From Reported in House to Engrossed in House. 2 sections amended and 6 added between Reported in House and Engrossed in House.

Section 1 Short title

changed This Act may be cited as the “Geothermal Ombudsman for National Deployment and Optimal Reviews Energy Advancement Act”.

Sec. 2 Effect of pending civil actions on processing applications related to geothermal leasing

added Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is amended by adding at the end the following:

added “(h) Effect of pending civil actions on processing applications related to geothermal leasing

added “(1) Requirement to process applications—Notwithstanding the existence of any pending civil action that affects an application for a geothermal drilling permit, sundry notice, notice to proceed, right-of-way, or any other authorization under a valid existing geothermal lease, the Secretary shall, unless a United States Federal court vacates or provides injunctive relief for the applicable geothermal lease, geothermal drilling permit, sundry notice, notice to proceed, right-of-way, or other authorization, approve and issue, or deny, each such application not later than 60 days after completing all requirements under applicable Federal laws and regulations, including the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and division A of subtitle III of title 54, United States Code.

added “(2) No new authority for Federal courts—Nothing in this subsection shall be construed as modifying any existing authority of a Federal court to vacate or provide injunctive relief for a geothermal lease, geothermal drilling permit, sundry notice, notice to proceed, right-of-way, or other authorization.

added “(3) Definition of authorization—In this subsection, the term authorization means any license, permit, approval, finding, determination, or other administrative decision issued by a Federal agency, or any interagency consultation, that is required or authorized under Federal law or regulations in order to site, construct, reconstruct, or commence operations of a geothermal project administered by a Federal agency.”

(a)
removed Definitions— In this section:
(1)
removed Geothermal authorization— The term geothermal authorization means any license, permit, approval, finding, determination, or other administrative decision issued by the Bureau of Land Management and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of a geothermal energy project administered by the Bureau of Land Management.
(2)
removed Geothermal energy project— The term geothermal energy project means a project wholly or partially located on public land that uses geothermal energy to generate heat or electricity.
(3)
removed Public Land— The term public land means lands subject to geothermal leasing under section 3 of the Geothermal Steam Act of 1970 (30 U.S.C. 1002).
(4)
removed Secretary— The term Secretary means the Secretary of the Interior.
(5)
removed Task force— The term Task Force means the Geothermal Permitting Task Force established under subsection (c).
(b)
removed Geothermal ombudsman—
(1)
removed In general— Not later than 60 days after the date of enactment of this Act, the Secretary shall appoint from within the Bureau of Land Management a Geothermal Ombudsman.
(2)
removed Duties— The Geothermal Ombudsman appointed under paragraph (1) shall—
(A)
removed act as a liaison between—
(i)
removed the individual field, district, and State offices of the Bureau of Land Management;
(ii)
removed the Division Chief of the National Renewable Energy Coordination Office of the Bureau of Land Management; and
(iii)
removed the Director of the Bureau of Land Management;
(B)
removed provide dispute resolution services between the individual field, district, and State offices of the Bureau of Land Management and applicants for geothermal authorizations;
(C)
removed monitor and facilitate permit processing practices and timelines across individual field offices of the Bureau of Land Management;
(D)
removed develop best practices for the permitting and leasing process for geothermal resources; and
(E)
removed coordinate with the Federal Permitting Improvement Steering Council.
(c)
removed Geothermal permitting task force—
(1)
removed Establishment— Not later than 60 days after the date of enactment of this Act, the Secretary shall establish within the Bureau of Land Management a Geothermal Permitting Task Force.
(2)
removed Leadership— The Task Force shall be headed by the Geothermal Ombudsman appointed under subsection (b).
(3)
removed Permitting support— The Task Force shall support the duties of the Geothermal Ombudsman appointed under subsection (b).
(4)
removed Cross-office personnel assignments—
(A)
removed In general— In their capacity as head of the Task Force, the Geothermal Ombudsman may coordinate with any Departmental bureau or office to assign personnel with relevant expertise to assist with completion of geothermal authorizations in field, district, or State offices other than the official duty station where such personnel are located if—
(i)
removed the Departmental bureau or office determines that such assignment will not materially delay ongoing completion of authorizations within the office where the employee is located; and
(ii)
removed approval is received from the head of the official duty station where the assigned employee is located.
(B)
removed Assigned personnel requirements— Department personnel assigned to assist with completion of geothermal authorizations under subparagraph (A) shall—
(i)
removed work in-person full-time at an official Department office;
(ii)
removed if necessary as determined by the Geothermal Ombudsman, travel to the Bureau of Land Management field, district, or State office with jurisdiction over the geothermal authorization to which the employee has been assigned by the Geothermal Ombudsman;
(iii)
removed participate as part of the team of personnel working on geothermal authorizations to which the employee has been assigned by the Geothermal Ombudsman; and
(iv)
removed regularly report to the head of the field, district, or State office of the Bureau of Land Management with jurisdiction over geothermal authorizations to which the employee has been assigned by the Geothermal Ombudsman.
(C)
removed Retention allowances—
(i)
removed In general— Subject to the availability of appropriations, the Geothermal Ombudsman may pay a retention allowance to an employee assigned to assist with the completion of geothermal authorizations under subparagraph (A). Retention allowances—
(I)
removed shall be stated as the percentage of the rate of basic pay of an employee, and may not exceed 25 percent of such rate of basic pay;
(II)
removed may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed; and
(III)
removed shall be paid at the same time and in the same manner as the employee’s basic pay is paid.
(ii)
removed Considerations— In exercising the retention allowance authority described in clause (i), the Geothermal Ombudsman shall consider—
(I)
removed an employee’s specialized expertise related to geothermal authorizations;
(II)
removed the demonstrated need to retain an employee to meet the performance improvement objectives for geothermal authorization timelines and develop best practices for completion of geothermal authorizations; and
(III)
removed the difficulty in recruiting or replacing qualified personnel with relevant expertise related to geothermal authorizations.
(D)
removed Savings clause— Cross-office personnel assignments carried out under this paragraph shall not alter the underlying jurisdiction of other offices of the Bureau of Land Management over applicable geothermal authorizations.
(d)
removed Report— The Geothermal Ombudsman shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an annual report that describes the activities of the Task Force and evaluates the effectiveness of geothermal permit processing during the preceding 1-year period.

Sec. 3 Cost recovery from geothermal leasing, permitting, and inspections

added

added Section 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005) is amended by adding at the end the following:

added “(j) Cost recovery

added “(1) In general—During the period that begins on the date of enactment of this subsection and ends September 30, 2033, the Secretary may require an applicant for, or a holder of, a geothermal lease to reimburse the United States for all reasonable administrative and other costs incurred by the United States from—

added “(A) processing the application for the geothermal lease, including any application for an operations plan, geothermal drilling permit, utilization plan, site license, facility construction permit, commercial use permit, and any other approval associated with a geothermal lease; and

added “(B) inspecting and monitoring—

added “(i) geophysical exploration activities;

added “(ii) the drilling, plugging, and abandonment of wells; and

added “(iii) the construction, operation, termination, and reclamation of any well site or facility for the utilization of geothermal resources pursuant to the geothermal lease.

added “(2) Considerations—In determining whether to require reimbursement under paragraph (1), the Secretary shall consider whether there is in existence a cooperative cost share agreement between the United States and the holder of a geothermal lease.

added “(3) Adjustments—The Secretary may reduce the amount to be reimbursed under paragraph (1) if the Secretary determines—

added “(A) that full reimbursement would impose an economic hardship on the applicant; or

added “(B) that a less than full reimbursement is necessary to promote the greatest use of geothermal resources.

added “(4) Use—The amounts reimbursed under this subsection shall be credited to the currently applicable appropriation, account, or fund of the Department of the Interior as discretionary offsetting collections, and shall be available only to the extent provided in advance in appropriations Acts for—

added “(A) processing the application for geothermal leases, including any application for operations plans, geothermal drilling permits, utilization plans, site licenses, facility construction permits, commercial use permits, and any other approval associated with geothermal leases; and

added “(B) inspecting and monitoring—

added “(i) geophysical exploration activities;

added “(ii) the drilling, plugging, and abandonment of wells; and

added “(iii) the construction, operation, termination, and reclamation of any well site or facility for the utilization of geothermal resources pursuant to geothermal leases.”

Sec. 4 Report

added
(a)
added Report— Not later than 5 years after the date of enactment of this Act, the Secretary of the Interior, in consultation with the geothermal industry and other stakeholders, shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, and make publicly available on the website of the Department of the Interior, a report that includes—
(1)
added an assessment of how the amendments made by section 3 of this Act affected the Bureau of Land Management’s geothermal program;
(2)
added any recommendations for reauthorization of section 6(j) of the Geothermal Steam Act of 1970, as added by this Act; and
(3)
added any other recommendations for updates to such section and the Bureau of Land Management’s geothermal program.
(b)
added Considerations— In developing the report required in subsection (a), the Secretary of the Interior shall solicit facts or information from the geothermal industry and other stakeholders.

Sec. 5 Publication of “Gold Book” for geothermal operations on Federal lands

added
(a)
added Identification— Not later than one year after the date of enactment of this Act, the Secretary of the Interior, in consultation with other relevant Federal agencies, shall identify standard procedures and guidelines for efficient and environmentally responsible geothermal leasing and permitting to the extent such standard procedures and guidelines are not addressed in the fourth edition of the Bureau of Land Management’s “Surface Operating Standards and Guidelines for Oil and Gas Exploration and Development”, commonly known as the “Gold Book” and last revised in 2007.
(b)
added Publication—
(1)
added In general— Not later than 270 days after identifying standard procedures and guidelines under subsection (a), the Secretary of the Interior shall publish an updated version of the Gold Book incorporating any changes necessary to support efficient and environmentally responsible geothermal leasing and permitting for use by the field offices of the Bureau of Land Management and geothermal operators.
(2)
added Renaming Gold Book— The Secretary of the Interior shall rename the Gold Book to reflect the incorporation of standard procedures and guidelines related to geothermal development.
(c)
added Consultation— Before publishing an updated version of the Gold Book, the Secretary of the Interior shall consult with—
(1)
added other relevant Federal agencies, including field offices of the Bureau of Land Management; and
(2)
added outside stakeholders, including developers and other experts.
(d)
added Inclusions— Each updated version of the Gold Book shall include standard procedures and guidelines for ensuring the efficient review and approval of environmentally responsible geothermal development, including—
(1)
added exploration and geophysical operations;
(2)
added permitting lease operations;
(3)
added compliance with all applicable laws and regulations;
(4)
added construction and maintenance; and
(5)
added drilling, production, and utilization operations.
(e)
added Periodic revision— The Secretary of the Interior shall—
(1)
added at least once every five years, review the most recent version of the Gold Book; and
(2)
added if determined necessary by the Secretary of the Interior to support efficient and environmentally responsible geothermal leasing and permitting, publish an updated version of the Gold Book.

Sec. 6 Geothermal ombudsman and permitting task force

added
(a)
added Definitions— In this section:
(1)
added Geothermal authorization— The term geothermal authorization means any license, permit, approval, finding, determination, or other administrative decision issued by the Bureau of Land Management and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of a geothermal energy project administered by the Bureau of Land Management.
(2)
added Geothermal energy project— The term geothermal energy project means a project wholly or partially located on public land that uses geothermal energy to generate heat or electricity.
(3)
added Public Land— The term public land means lands subject to geothermal leasing under section 3 of the Geothermal Steam Act of 1970 (30 U.S.C. 1002).
(4)
added Secretary— The term Secretary means the Secretary of the Interior.
(5)
added Task force— The term Task Force means the Geothermal Permitting Task Force established under subsection (c).
(b)
added Geothermal ombudsman—
(1)
added In general— Not later than 60 days after the date of enactment of this Act, the Secretary shall appoint from within the Bureau of Land Management a Geothermal Ombudsman.
(2)
added Duties— The Geothermal Ombudsman appointed under paragraph (1) shall—
(A)
added act as a liaison between—
(i)
added the individual field, district, and State offices of the Bureau of Land Management;
(ii)
added the Division Chief of the National Renewable Energy Coordination Office of the Bureau of Land Management; and
(iii)
added the Director of the Bureau of Land Management;
(B)
added provide dispute resolution services between the individual field, district, and State offices of the Bureau of Land Management and applicants for geothermal authorizations;
(C)
added monitor and facilitate permit processing practices and timelines across individual field offices of the Bureau of Land Management;
(D)
added develop best practices for the permitting and leasing process for geothermal resources; and
(E)
added coordinate with the Federal Permitting Improvement Steering Council.
(c)
added Geothermal permitting task force—
(1)
added Establishment— Not later than 60 days after the date of enactment of this Act, the Secretary shall establish within the Bureau of Land Management a Geothermal Permitting Task Force.
(2)
added Leadership— The Task Force shall be headed by the Geothermal Ombudsman appointed under subsection (b).
(3)
added Permitting support— The Task Force shall support the duties of the Geothermal Ombudsman appointed under subsection (b).
(4)
added Cross-office personnel assignments—
(A)
added In general— In their capacity as head of the Task Force, the Geothermal Ombudsman may coordinate with any Departmental bureau or office to assign personnel with relevant expertise to assist with completion of geothermal authorizations in field, district, or State offices other than the official duty station where such personnel are located if—
(i)
added the Departmental bureau or office determines that such assignment will not materially delay ongoing completion of authorizations within the office where the employee is located; and
(ii)
added approval is received from the head of the official duty station where the assigned employee is located.
(B)
added Assigned personnel requirements— Department personnel assigned to assist with completion of geothermal authorizations under subparagraph (A) shall—
(i)
added work in-person full-time at an official Department office;
(ii)
added if necessary as determined by the Geothermal Ombudsman, travel to the Bureau of Land Management field, district, or State office with jurisdiction over the geothermal authorization to which the employee has been assigned by the Geothermal Ombudsman;
(iii)
added participate as part of the team of personnel working on geothermal authorizations to which the employee has been assigned by the Geothermal Ombudsman; and
(iv)
added regularly report to the head of the field, district, or State office of the Bureau of Land Management with jurisdiction over geothermal authorizations to which the employee has been assigned by the Geothermal Ombudsman.
(C)
added Retention allowances—
(i)
added In general— Subject to the availability of appropriations, the Geothermal Ombudsman may pay a retention allowance to an employee assigned to assist with the completion of geothermal authorizations under subparagraph (A). Retention allowances—
(I)
added shall be stated as the percentage of the rate of basic pay of an employee, and may not exceed 25 percent of such rate of basic pay;
(II)
added may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed; and
(III)
added shall be paid at the same time and in the same manner as the employee’s basic pay is paid.
(ii)
added Considerations— In exercising the retention allowance authority described in clause (i), the Geothermal Ombudsman shall consider—
(I)
added an employee’s specialized expertise related to geothermal authorizations;
(II)
added the demonstrated need to retain an employee to meet the performance improvement objectives for geothermal authorization timelines and develop best practices for completion of geothermal authorizations; and
(III)
added the difficulty in recruiting or replacing qualified personnel with relevant expertise related to geothermal authorizations.
(D)
added Savings clause— Cross-office personnel assignments carried out under this paragraph shall not alter the underlying jurisdiction of other offices of the Bureau of Land Management over applicable geothermal authorizations.
(d)
added Report— The Geothermal Ombudsman shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an annual report that describes the activities of the Task Force and evaluates the effectiveness of geothermal permit processing during the preceding 1-year period.

Sec. 7 Geothermal royalties

added
(a)
added Definitions— Section 2 of the Geothermal Steam Act of 1970 (30 U.S.C. 1001) is amended by adding at the end the following:

added “(h) “Geothermal electric generating facility” means a facility, including all necessary equipment or structures (including turbines and cooling equipment), that produces electricity using geothermal resources. For purposes of section 5(a)(1), a facility described in the preceding sentence shall be considered a separate facility from any other such facility unless the facility shares a turbine with any other such facility.

added “(i) “In-service date” means, with respect to a geothermal electric generating facility, the date on which the geothermal electric generating facility begins operating.”

(b)
added Geothermal royalties— Section 5(a)(1) of the Geothermal Steam Act of 1970 (30 U.S.C. 1004(a)(1)) is amended—
(1)
added in subparagraph (A)—
(A)
added by inserting “with respect to a geothermal electric generating facility producing electricity from such resources,” before “not less than”;
(B)
added by inserting “by the geothermal electric generating facility” after “produced”; and
(C)
added by striking “the first 10 years of production under the lease” and inserting “each year of the 10-year period following the in-service date of the geothermal electric generating facility”; and
(2)
added in subparagraph (B)—
(A)
added by inserting “with respect to a geothermal electric generating facility producing electricity from such resources,” before “not less than”;
(B)
added by inserting “by the geothermal electric generating facility” after “produced”; and
(C)
added by striking “such 10-year period” and inserting “the period of 10 years described in subparagraph (A)”.

Sec. 8 NEPA review

added

added Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is amended—

(1)
added in subsection (a), by inserting “, or the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) for the purpose of exploration or development of geothermal resources” after “or gas”; and
(2)
added in subsection (b)—
(A)
added in paragraph (2), by striking “or gas” and inserting “, gas, or geothermal”; and
(B)
added in paragraph (3), by striking “or gas” and inserting “, gas, or geothermal”.