Harnessing Energy At Thermal Sources Act; HEATS Act
Summary
The Harnessing Energy At Thermal Sources Act (HEATS Act) amends the Geothermal Steam Act of 1970. It aims to waive the requirement for a federal drilling permit for certain geothermal activities on non-federal lands where the federal government holds less than 50% of the subsurface geothermal estate.
This bill also exempts these activities from the requirements of the National Environmental Policy Act (NEPA) of 1969. It stipulates that these activities will not be considered major federal actions and will require no additional federal action, commencing 30 days after state permit submission.
Exceptions are made for Indian lands and resources managed in trust for Indian Tribes, ensuring existing protections remain in place for those communities.
Expected Effects
The HEATS Act is likely to streamline geothermal energy exploration and production on specific non-federal lands by reducing federal oversight. This could lead to faster project development and increased geothermal energy production in those areas.
However, the exemption from NEPA requirements could result in less environmental review and potentially greater environmental impact. The bill also clarifies royalty obligations and allows for federal inspections to ensure accountability.
Potential Benefits
- Potentially accelerates geothermal energy projects on non-federal lands.
- Reduces regulatory burden for geothermal operators in specific cases.
- Could lead to increased energy production and economic activity in affected regions.
- Maintains royalty payments to the United States for geothermal energy production.
- Allows states to take the lead in environmental review for certain geothermal projects.
Potential Disadvantages
- Exemption from NEPA could lead to inadequate environmental review.
- Potential for negative environmental impacts due to expedited project approvals.
- May weaken protections for endangered species in affected areas.
- Could impact the preservation of historic properties if state laws are insufficient.
- Excludes Indian lands, potentially creating disparities in energy development opportunities.
Most Disadvantaged Areas:
Constitutional Alignment
The HEATS Act appears to align with Congress's power to regulate commerce and manage federal lands, as outlined in Article I, Section 8 of the Constitution. However, the waiver of NEPA requirements could raise concerns regarding the Fifth Amendment's protection against government actions that may negatively impact property values or environmental quality without due process. The Act does not appear to infringe upon any individual liberties outlined in the Bill of Rights.
The Act specifically excludes Indian lands, reflecting the federal government's trust responsibility towards Native American tribes, which is rooted in historical treaties and legal precedents. This exclusion aligns with the principle of tribal sovereignty.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).