A substantive narrowing of the bill. v2 removes the entire section dedicated to establishing Geothermal Leasing Priority Areas and streamlining their environmental review processes, which was a major component of v1. The provisions defining geothermal exploration projects and their NEPA status remain unchanged.
Enhancing Geothermal Production on Federal Lands Act
- Sponsor
- Rep. Fulcher, Russ [R-ID-1]
- Committees
- Natural Resources Committee (primary)
- Last action
- Aug 27, 2026
Bottom line
The bill seeks to accelerate geothermal energy development on federal lands by exempting specific exploration activities from extensive environmental review under NEPA.
What it actually does
This bill amends the Geothermal Steam Act of 1970 to designate certain geothermal exploration projects and related activities as "non-major Federal actions" under the National Environmental Policy Act (NEPA). This change aims to streamline the environmental review process for these projects, reducing the time and regulatory burden associated with obtaining permits for geothermal exploration on federal lands. It also requires lease holders to provide 30 days' notice to the Secretary before starting drilling.
Proponents argue
Supporters argue that the bill will significantly expedite the development of geothermal energy, a clean and renewable resource, by removing unnecessary bureaucratic hurdles and delays in the permitting process. They contend that the defined exploration activities have minimal environmental impact and that existing environmental safeguards are sufficient, making extensive NEPA reviews redundant and costly. This aligns with the findings in Section 3, which notes that BLM has already adopted categorical exclusions for geothermal exploration, suggesting a recognized need for streamlining.
Opponents contend
Critics might argue that exempting these activities from NEPA review, even if limited in scope, could lead to insufficient environmental assessment and potential harm to sensitive ecosystems or cultural resources on federal lands. They may contend that cumulative impacts of multiple small projects could be significant and that a full NEPA review ensures public transparency and accountability in land management decisions.
The bill is very short and clear, making it highly accessible for a reader to understand its core provisions quickly.
Section 2, adding new Section 30(a)(1) to the Geothermal Steam Act of 1970.
Defining "Geothermal Exploration Project"
This provision defines what constitutes a "geothermal exploration project" for the purposes of the Act. It specifies that these projects involve drilling certain types of wells (temperature gradient, monitoring, calibration, or other exploratory wells) on leased lands, with specific size and time constraints: outer diameter of the last cemented casing string less than 13 3/8 inches, total unreclaimed surface disturbance less than 8 acres (excluding access roads), completion within 180 days, and restoration of the project area within 3 years unless used for energy development.
Supporters argue
Supporters argue that these precise definitions provide clarity and certainty for developers, allowing them to plan projects that fit within the streamlined environmental review process, thereby accelerating exploration. The specific limitations ensure that only truly minor projects are included.
Critics contend
Critics might argue that the technical specifications, while seemingly precise, could still allow for a significant number of projects to bypass thorough environmental review, potentially leading to cumulative impacts that are not adequately assessed.
Tradeoffs
Balances the desire for regulatory clarity and expedited development with the need to define the scope of activities that can bypass more extensive environmental review.
Section 2, adding new Section 30(a)(2) to the Geothermal Steam Act of 1970.
Defining "Covered Activity"
This provision defines "covered activity" to include geotechnical investigations, off-road travel within established rights-of-way, and the construction, maintenance, realignment, and repair of existing permanent or temporary access roads within established rights-of-way. These activities are also related to geothermal exploration, development, or production.
Section 2, adding new Section 30(b) to the Geothermal Steam Act of 1970.
NEPA Exemption for Geothermal Exploration and Covered Activities
This is the central operative provision, declaring that "geothermal exploration projects" (as defined in 30(a)(1)) and "covered activities" (as defined in 30(a)(2)) shall not be considered "major Federal actions" under section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA). This effectively exempts these activities from the requirement for an Environmental Impact Statement (EIS) or Environmental Assessment (EA), streamlining the permitting process.
Section 2, adding new Section 30(c) to the Geothermal Steam Act of 1970.
30-Day Notice for Geothermal Exploration Projects
This provision requires the holder of a geothermal lease to provide notice to the Secretary (presumably of the Interior, through the Bureau of Land Management) at least 30 days before starting drilling under a geothermal exploration project.
The specific technical limitations for what qualifies as a 'geothermal exploration project,' including casing diameter (less than 13 3/8 inches), surface disturbance (less than 8 acres), and completion timeframe (less than 180 days).
Section 2, adding new Section 30(a)(1)(B) and (C) to the Geothermal Steam Act of 1970.
Why it matters:This is standard legislative practice for defining scope and applicability through technical specifications, rather than an attempt to obscure. However, these details are critical to understanding the practical impact of the NEPA exemption.
Case for: Proponents argue that these precise technical parameters ensure that only truly low-impact, short-duration activities are exempted from extensive NEPA review, providing clear boundaries for developers and regulators.
Case against: Critics might contend that these specific thresholds, while appearing precise, could still allow for a significant number of projects to bypass thorough environmental review, and that the cumulative impact of many such projects might not be adequately addressed.
Estimated impact: These parameters directly determine the universe of geothermal exploration projects that will benefit from streamlined environmental review, significantly impacting the speed and cost of initial development phases.
Congress finds that the Bureau of Land Management (BLM) has already adopted categorical exclusions for geothermal exploration, pursuant to recent amendments to NEPA (Section 109 of the National Environmental Policy Act of 1969, as amended by Section 321(b) of the Fiscal Responsibility Act of 2023).
Section 3, Findings.
Why it matters:This is standard legislative practice to provide a rationale or context for the bill's provisions, demonstrating that the bill builds upon existing administrative efforts and recent statutory changes.
Case for: Proponents would highlight this finding to demonstrate that the bill is not introducing a radical new concept but rather reinforcing and codifying an approach already deemed appropriate by a federal agency under recent NEPA reforms, thereby justifying the legislative action.
Case against: Critics might argue that if BLM has already adopted categorical exclusions, the legislative action might be redundant or an overreach, potentially expanding the scope of exemptions beyond what the agency itself deemed appropriate.
Estimated impact: This finding indicates that the bill is part of a broader, ongoing effort to streamline environmental reviews for energy projects, suggesting a systemic shift in regulatory approach rather than an isolated change.