Committee adopts substitute and reports HEAT Act to House after debate over federal permits and tribal consultation

The House Natural Resources Committee on May 1 adopted an amendment in the nature of a substitute to H.R. 5587, the Harnessing Energy at Thermal Sources Act (HEAT Act), and voted to report the bill to the House.

Proponents said the bill prevents duplicative federal permitting when geothermal projects operate on state or private surface lands and the federal government owns less than 50% of the subsurface geothermal estate. "These projects, which have already gone through a rigorous state permitting process, would not be bogged down by the duplicative and burdensome federal process," Representative Stauber said during debate.

Opponents, including Ranking Member Huffman, said the bill as drafted would eliminate federal drilling permits and the federal review processes that identify public-health, environmental and tribal concerns. "Without this federal permit, the core safeguards for development affecting federal resources would disappear," he said, citing possible impacts including seismicity, subsidence and gaps in bonding and oversight.

Representative Randall offered an amendment to reinforce tribal consultation and preservation of trust obligations; the recorded vote on that amendment was 16 yeas and 21 nays and the amendment was not agreed to. A substitute offered by the bill manager was adopted and the committee ordered the bill reported; the clerk reported a final recorded vote of yeas 23, nays 15.

Committee proponents characterized the measure as a targeted fix to reduce duplication where state processes already apply and to allow BLM to focus on projects with a true federal nexus. Opponents and some committee members urged additional safeguards on consultation, bonding and oversight to avoid shifting liability to states and taxpayers.

H.R. 5587 will be accompanied by the committee report as it moves to the House floor for further consideration.