H.R. 5631

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5631 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
2d Session
H. R. 5631

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 3, 2026

Received; read twice and referred to the Committee on Energy and 
Natural Resources

_______________________________________________________________________

AN ACT

To promote responsible geothermal energy development on public lands, 
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 Energy Advancement Act''.

SEC. 2. EFFECT OF PENDING CIVIL ACTIONS ON PROCESSING APPLICATIONS 
RELATED TO GEOTHERMAL LEASING.

Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is 
amended by adding at the end the following:
``(h) Effect of Pending Civil Actions on Processing Applications 
Related to Geothermal Leasing.--
``(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.
``(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.
``(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.''.

SEC. 3. COST RECOVERY FROM GEOTHERMAL LEASING, PERMITTING, AND 
INSPECTIONS.

Section 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005) is 
amended by adding at the end the following:
``(j) Cost Recovery.--
``(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--
``(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
``(B) inspecting and monitoring--
``(i) geophysical exploration activities;
``(ii) the drilling, plugging, and 
abandonment of wells; and
``(iii) the construction, operation, 
termination, and reclamation of any well site 
or facility for the utilization of geothermal 
resources pursuant to the geothermal lease.
``(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.
``(3) Adjustments.--The Secretary may reduce the amount to 
be reimbursed under paragraph (1) if the Secretary determines--
``(A) that full reimbursement would impose an 
economic hardship on the applicant; or
``(B) that a less than full reimbursement is 
necessary to promote the greatest use of geothermal 
resources.
``(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--
``(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
``(B) inspecting and monitoring--
``(i) geophysical exploration activities;
``(ii) the drilling, plugging, and 
abandonment of wells; and
``(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.

(a) 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) an assessment of how the amendments made by section 3 
of this Act affected the Bureau of Land Management's geothermal 
program;
(2) any recommendations for reauthorization of section 6(j) 
of the Geothermal Steam Act of 1970, as added by this Act; and
(3) any other recommendations for updates to such section 
and the Bureau of Land Management's geothermal program.
(b) 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.

(a) 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) Publication.--
(1) 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) 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) Consultation.--Before publishing an updated version of the Gold 
Book, the Secretary of the Interior shall consult with--
(1) other relevant Federal agencies, including field 
offices of the Bureau of Land Management; and
(2) outside stakeholders, including developers and other 
experts.
(d) 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) exploration and geophysical operations;
(2) permitting lease operations;
(3) compliance with all applicable laws and regulations;
(4) construction and maintenance; and
(5) drilling, production, and utilization operations.
(e) Periodic Revision.--The Secretary of the Interior shall--
(1) at least once every five years, review the most recent 
version of the Gold Book; and
(2) 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.

(a) Definitions.--In this section:
(1) 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) 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) 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) Secretary.--The term ``Secretary'' means the Secretary 
of the Interior.
(5) Task force.--The term ``Task Force'' means the 
Geothermal Permitting Task Force established under subsection 
(c).
(b) Geothermal Ombudsman.--
(1) 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) Duties.--The Geothermal Ombudsman appointed under 
paragraph (1) shall--
(A) act as a liaison between--
(i) the individual field, district, and 
State offices of the Bureau of Land Management;
(ii) the Division Chief of the National 
Renewable Energy Coordination Office of the 
Bureau of Land Management; and
(iii) the Director of the Bureau of Land 
Management;
(B) provide dispute resolution services between the 
individual field, district, and State offices of the 
Bureau of Land Management and applicants for geothermal 
authorizations;
(C) monitor and facilitate permit processing 
practices and timelines across individual field offices 
of the Bureau of Land Management;
(D) develop best practices for the permitting and 
leasing process for geothermal resources; and
(E) coordinate with the Federal Permitting 
Improvement Steering Council.
(c) Geothermal Permitting Task Force.--
(1) 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) Leadership.--The Task Force shall be headed by the 
Geothermal Ombudsman appointed under subsection (b).
(3) Permitting support.--The Task Force shall support the 
duties of the Geothermal Ombudsman appointed under subsection 
(b).
(4) Cross-office personnel assignments.--
(A) 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) 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) approval is received from the head of 
the official duty station where the assigned 
employee is located.
(B) Assigned personnel requirements.--Department 
personnel assigned to assist with completion of 
geothermal authorizations under subparagraph (A) 
shall--
(i) work in-person full-time at an official 
Department office;
(ii) 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) 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) 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) Retention allowances.--
(i) 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) 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) 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) shall be paid at the same 
time and in the same manner as the 
employee's basic pay is paid.
(ii) Considerations.--In exercising the 
retention allowance authority described in 
clause (i), the Geothermal Ombudsman shall 
consider--
(I) an employee's specialized 
expertise related to geothermal 
authorizations;
(II) 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) the difficulty in recruiting 
or replacing qualified personnel with 
relevant expertise related to 
geothermal authorizations.
(D) 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) 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.

(a) Definitions.--Section 2 of the Geothermal Steam Act of 1970 (30 
U.S.C. 1001) is amended by adding at the end the following:
``(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.
``(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) Geothermal Royalties.--Section 5(a)(1) of the Geothermal Steam 
Act of 1970 (30 U.S.C. 1004(a)(1)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``with respect to a geothermal 
electric generating facility producing electricity from 
such resources,'' before ``not less than'';
(B) by inserting ``by the geothermal electric 
generating facility'' after ``produced''; and
(C) 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) in subparagraph (B)--
(A) by inserting ``with respect to a geothermal 
electric generating facility producing electricity from 
such resources,'' before ``not less than'';
(B) by inserting ``by the geothermal electric 
generating facility'' after ``produced''; and
(C) by striking ``such 10-year period'' and 
inserting ``the period of 10 years described in 
subparagraph (A)''.

SEC. 8. NEPA REVIEW.

Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is 
amended--
(1) 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) in subsection (b)--
(A) in paragraph (2), by striking ``or gas'' and 
inserting ``, gas, or geothermal''; and
(B) in paragraph (3), by striking ``or gas'' and 
inserting ``, gas, or geothermal''.

Passed the House of Representatives June 2, 2026.

Attest:

KEVIN F. MCCUMBER,

Clerk.