HR 1687 — CLEAN Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 GEOTHERMAL STEAM ACT OF 1970

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SEC. 4. LEASING PROCEDURES.

 (a) Nominations.--The Secretary shall accept nominations of 
land to be leased at any time from qualified companies and 
individuals under this Act.
 (b) Competitive Lease Sale Required.--
 (1) In general.--Except as otherwise specifically 
 provided by this Act, all land to be leased that is not 
 subject to leasing under subsection (c) shall be leased 
 as provided in this subsection to the highest 
 responsible qualified bidder, as determined by the 
 Secretary.
 (2) Competitive lease sales.--The Secretary shall 
 hold a competitive lease sale at least once every [2 
 years] year for land in a State that has nominations 
 pending under subsection (a) if the land is otherwise 
 available for leasing.
 (3) Replacement sales.--If a lease sale under 
 paragraph (1) for a year is canceled or delayed, the 
 Secretary of the Interior shall conduct a replacement 
 sale during the same year.
 (4) Requirement.--Of the nominated parcels eligible 
 for geothermal development and utilization under the 
 resource management plan in effect for the State, the 
 Secretary shall, in conducting a lease sale under 
 paragraph (2), offer for lease--
 (A) 75 percent of such nominated parcels; and
 (B) the remaining 25 percent of such 
 nominated parcels, unless the Secretary 
 provides a written justification that 
 identifies a statutory, environmental, or 
 administrative basis that prevents the 
 Secretary from offering such nominated parcels 
 for lease.
 [(3)] (5) Lands subject to mining claims.--Lands that 
 are subject to a mining claim for which a plan of 
 operations has been approved by the relevant Federal 
 land management agency may be available for 
 noncompetitive leasing under this section to the mining 
 claim holder.
 [(4)] (6) Land subject to oil and gas lease.--Land 
 under an oil and gas lease issued pursuant to the 
 Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
 Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 
 et seq.) that is subject to an approved application for 
 permit to drill and from which oil and gas production 
 is occurring may be available for noncompetitive 
 leasing under subsection (c) by the holder of the oil 
 and gas lease--
 (A) on a determination that geothermal energy 
 will be produced from a well producing or 
 capable of producing oil and gas; and
 (B) to provide for the coproduction of 
 geothermal energy with oil and gas.
 (c) Noncompetitive Leasing.--The Secretary shall make 
available for a period of 2 years for noncompetitive leasing 
any tract for which a competitive lease sale is held, but for 
which the Secretary does not receive any bids in a competitive 
lease sale.
 (d) Pending Lease Applications.--
 (1) In general.--It shall be a priority for the 
 Secretary, and for the Secretary of Agriculture with 
 respect to National Forest Systems land, to ensure 
 timely completion of administrative actions, including 
 amendments to applicable forest plans and resource 
 management plans, necessary to process applications for 
 geothermal leasing pending on the date of enactment of 
 this subsection. All future forest plans and resource 
 management plans for areas with high geothermal 
 resource potential shall consider geothermal leasing 
 and development.
 (2) Administration.--An application described in 
 paragraph (1) and any lease issued pursuant to the 
 application--
 (A) except as provided in subparagraph (B), 
 shall be subject to this section as in effect 
 on the day before the date of enactment of this 
 paragraph; or
 (B) at the election of the applicant, shall 
 be subject to this section as in effect on the 
 effective date of this paragraph.
 (e) Leases Sold as a Block.--If information is available to 
the Secretary indicating a geothermal resource that could be 
produced as 1 unit can reasonably be expected to underlie more 
than 1 parcel to be offered in a competitive lease sale, the 
parcels for such a resource may be offered for bidding as a 
block in the competitive lease sale.
 (f) Leasing for Direct Use of Geothermal Resources.--
Notwithstanding subsection (b), the Secretary may identify 
areas in which the land to be leased under this Act exclusively 
for direct use of geothermal resources, without sale for 
purposes other than commercial generation of electricity, may 
be leased to any qualified applicant that first applies for 
such a lease under regulations issued by the Secretary, if the 
Secretary--
 (1) publishes a notice of the land proposed for 
 leasing not later than 90 days before the date of the 
 issuance of the lease;
 (2) does not receive during the 90-day period 
 beginning on the date of the publication any nomination 
 to include the land concerned in the next competitive 
 lease sale; and
 (3) determines there is no competitive interest in 
 the geothermal resources in the land to be leased.
 (g) Area Subject to Lease for Direct Use.--
 (1) In general.--Subject to paragraph (2), a 
 geothermal lease for the direct use of geothermal 
 resources shall cover not more than the quantity of 
 acreage determined by the Secretary to be reasonably 
 necessary for the proposed use.
 (2) Limitations.--The quantity of acreage covered by 
 the lease shall not exceed the limitations established 
 under section 7.
 (h) Deadlines for Consideration of Geothermal Drilling 
Permits.--
 (1) Notice.--Not later than 30 days after the date on 
 which the Secretary receives an application for any 
 geothermal drilling permit, the Secretary shall--
 (A) provide written notice to the applicant 
 that the application is complete; or
 (B) notify the applicant that information is 
 missing and specify any information that is 
 required to be submitted for the application to 
 be complete.
 (2) Issuance or deferral.--
 (A) In general.--Not later than 30 days after 
 the Secretary has provided written notice to an 
 applicant for a geothermal drilling permit that 
 the application for such permit is complete 
 pursuant to paragraph (1)(A), the Secretary 
 shall--
 (i) issue the permit, if the 
 requirements under the National 
 Environmental Policy Act of 1969 (42 
 U.S.C. 4321 et seq.) and other 
 applicable law have been completed 
 within such timeframe; or
 (ii) defer the decision on the permit 
 and provide to the applicant a notice--
 (I) that specifies any steps 
 that the applicant could take 
 for the permit to be issued; 
 and
 (II) that includes a list of 
 actions that need to be taken 
 by the agency to comply with 
 applicable law, together with 
 timelines and deadlines for 
 taking such actions, which 
 shall not exceed the deadlines 
 specified in section 107(g) of 
 the National Environmental 
 Policy Act of 1969 (42 U.S.C. 
 4336a(g)).
 (B) Deadline for deferred decisions.--If the 
 Secretary defers a decision on a permit under 
 subparagraph (A)(ii), the Secretary shall issue 
 a decision on the permit not later than 10 days 
 after the applicant takes any steps specified 
 pursuant to subparagraph (A)(ii)(I) and the 
 agency takes the actions listed pursuant to 
 subparagraph (A)(ii)(II) in accordance with any 
 applicable timelines and deadlines.

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