,,ii #aafth ,,congress #ast ,session ,s4 #bbgj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #be1 #bjai,mr4 ,risch introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,geothermal ,steam ,act of #aigj to promote timely exploration for geothermal resources under geothermal leases1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,enhancing ,geothermal ,production on ,federal ,lands ,act4 #b4 ,geothermal production on ,federal lands ,the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 is amended by adding at the end the following3 #cj4 ,geothermal exploration test projects 7a7 ,definition of geothermal exploration test project ,in this section1 the term geothermal exploration test project means the drilling of a well to test or explore for geothermal resources on lands for which the ,secretary has issued a lease under this ,act1 that-- 7#a7 is carried out by the holder of the lease2 7#b7 causes-- 7,a7 less than #e acres of soil or vegetation disruption at the location of each geothermal exploration well2 and 7,b7 not more than an additional #e acres of soil or vegetation disruption during access or egress to the test site2 7#c7 is developed-- 7,a7 less than #i inches in diameter2 7,b7 in a manner that does not require off-road motorized access other than to and from the well site along an identified off-road route2 7,c7 without construction of new roads other than upgrading of existing drainage crossings for safety purposes2 7,d7 with the use of rubber-tired digging or drilling equipment vehicles2 and 7,e7 without the use of high-pressure well stimulation2 7#d7 is completed in less than #ij days1 including the removal of any surface infrastructure from the site2 and 7#e7 requires the restoration of the project site within #c years of the date of first exploration drilling to approximately the condition that existed at the time the project began1 unless the site is subsequently used as part of energy development under the lease4 7b7 ,categorical exclusion 7#a7 ,in general ,unless extraordinary circumstances exist1 a project that the ,secretary determines under subsection 7c7 is a geothermal exploration test project shall be categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7#b7 ,extraordinary circumstances definition ,in this subsection1 the term extraordinary circumstances has the same meaning given such term in the ,department of the ,interior ,departmental ,manual1 #eaf ,,dm #b4c;,a7#c7 and #eaf ,,dm #b1 ,appendix #b 7or successor provisions74 7c7 ,process 7#a7 ,requirement to provide notice ,a leaseholder shall provide notice to the ,secretary of the leaseholder's intent to carry out a geothermal exploration test project at least #cj days before the start of drilling under the project4 7#b7 ,review and determination ,not later than #aj days after receipt of a notice of intent under paragraph 7#a71 the ,secretary shall1 with respect to the project described in the notice of intent-- 7,a7 determine if the project qualifies for a categorical exclusion under subsection 7b72 and 7,b7 notify the leaseholder of such determination4 7#c7 ,opportunity to remedy ,if the ,secretary determines under paragraph 7#b77;,a7 that the project does not qualify for a categorical exclusion under subsection 7b71 the ,secretary shall-- 7,a7 include in such notice clear and detailed findings on any deficiencies in the project that resulted in such determination2 and 7,b7 allow the leaseholder to remedy any such deficiencies and resubmit the notice of intent under paragraph 7#a74 4 #c4 ,geothermal leasing priority areas ,the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 is further amended by adding at the end the following3 #ca4 ,geothermal leasing priority areas 7a7 ,definition of covered land ,in this section1 the term covered land means land that is-- 7#a7 ,federal land2 and 7#b7 not excluded from the development of geothermal energy under-- 7,a7 a land use plan established under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 or 7,b7 any other ,federal law4 7b7 ,designation of geothermal leasing priority areas ,the ,secretary1 in consultation with the ,secretary of ,energy1 shall designate portions of covered land as geothermal leasing priority areas as soon as practicable1 but not later than #e years1 after the date of the enactment of this section4 7c7 ,criteria for selection ,in determining which covered lands to designate as geothermal leasing priority areas under subsection 7b71 the ,secretary1 in consultation with the ,secretary of ,energy1 shall consider if-- 7#a7 the covered land is preferable for geothermal leasing2 7#b7 production of geothermal energy on such land is economically viable1 including if such land has access to methods of energy transmission2 and 7#c7 the designation would be in compliance with section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab71 including subsection 7c77#i7 of that section4 7d7 ,review and modification ,not less frequently than once every #aj years1 the ,secretary shall-- 7#a7 review covered land and1 if appropriate1 make additional designations of geothermal leasing priority areas2 and 7#b7 review each area designated as a geothermal leasing priority area under this section1 and1 if appropriate1 remove such designation4 7e7 ,programmatic environmental impact statement 7#a7 ,initial designations ,no later than one year after the initial designation of a geothermal leasing priority area1 the ,secretary shall prepare a supplement to any final programmatic environmental impact statement for geothermal leasing that is the most recently finalized such statement with respect to covered land designated as a geothermal leasing priority area under subsection 7b74 7#b7 ,subsequent designations ,each designation of a geothermal leasing priority area under subsection 7d7 shall be included in a programmatic environmental impact statement for geothermal leasing or in a supplement to such a statement4 7#c7 ,consultations ,in developing any programmatic environmental impact statement for geothermal leasing or supplement to such a statement under this section1 the ,secretary shall consult1 on an ongoing basis1 with appropriate ,state1 ,tribal1 and local governments1 transmission infrastructure owners and operators1 developers1 and other appropriate entities4 7#d7 ,procedure ,the ,secretary may not delay issuing a permit or holding a lease sale under this ,act because the supplement required under paragraph 7#a7 has not been finalized by the ,secretary4 7f7 ,compliance with ,,nepa ,if the ,secretary determines that the designation of a geothermal leasing priority area has been sufficiently analyzed by a programmatic environmental impact statement1 the ,secretary shall not prepare any additional analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to geothermal lease sales for such geothermal leasing priority area4 4 #d4 ,facilitation of coproduction of geothermal energy on oil and gas leases ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is amended by adding at the end the following3 7#d7 ,land subject to oil and gas lease ,land under an oil and gas lease issued pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 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 7c7 by the holder of the oil and gas lease-- 7,a7 on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas2 and 7,b7 in order to provide for the coproduction of geothermal energy with oil and gas4 4 #e4 ,noncompetitive leasing of adjoining areas for development of geothermal resources ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is further amended by adding at the end the following3 7#e7 ,adjoining land 7,a7 ,definitions ,in this paragraph3 7i7 ,fair market value per acre ,the term fair market value per acre means a dollar amount per acre that-- 7,i7 except as provided in this clause1 shall be equal to the market value per acre 7taking into account the determination under subparagraph 7,b77iii7 regarding a valid discovery on the adjoining land7 as determined by the ,secretary under regulations issued under this paragraph2 7,,ii7 shall be determined by the ,secretary with respect to a lease under this paragraph1 by not later than the end of the #ahj-;day period beginning on the date the ,secretary receives an application for the lease2 and 7,,iii7 shall be not less than the greater of-- 7aa7 #d times the median amount paid per acre for all land leased under this ,act during the preceding year2 or 7bb7 #ej4 7ii7 ,industry standards ,the term industry standards means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources1 as determined through flow or injection testing or measurement of lost circulation while drilling4 7iii7 ,qualified ,federal land ,the term qualified ,federal land means land that is otherwise available for leasing under this ,act4 7iv7 ,qualified geothermal professional ,the term qualified geothermal professional means an individual who is an engineer or geoscientist in good professional standing with at least #e years of experience in geothermal exploration1 development1 or project assessment4 7v7 ,qualified lessee ,the term qualified lessee means a person who may hold a geothermal lease under this ,act 7including applicable regulations74 7vi7 ,valid discovery ,the term valid discovery means a discovery of a geothermal resource by a new or existing slim hole or production well1 that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards4 7,b7 ,authority ,an area of qualified ,federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre1 if-- 7i7 the area of qualified ,federal land-- 7,i7 consists of not less than #a acre and not more than #fdj acres2 and 7,,ii7 is not already leased under this ,act or nominated to be leased under subsection 7a72 7ii7 the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause 7iii77,i72 and 7iii7 sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable ,federal land management agency that would lead individuals who are experienced in the subject matter to believe that-- 7,i7 there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources2 and 7,,ii7 that geothermal feature extends into the adjoining areas4 7,c7 ,determination of fair market value 7i7 ,in general ,the ,secretary shall-- 7,i7 publish a notice of any request to lease land under this paragraph2 7,,ii7 determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the ,secretary2 7,,iii7 provide to a qualified lessee and publish1 with an opportunity for public comment for a period of #cj days1 any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph2 and 7,,iv7 provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable ,federal land management agency1 in accordance with applicable law 7including regulations74 7ii7 ,limitation on nomination ,after publication of a notice of request to lease land under this paragraph1 the ,secretary may not accept under subsection 7a7 any nomination of the land for leasing unless the request has been denied or withdrawn4 7iii7 ,annual rental ,for purposes of section #e7;a77#c71 a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale4 7,d7 ,regulations ,not later than #bgj days after the date of enactment of this paragraph1 the ,secretary shall issue regulations to carry out this paragraph4 4