H.R. 7409House118th Congress (2023-2025)Passed House

HEATS Act

Sponsored by Young KimRep. Young Kim (R-CA)
Introduced February 20, 2024

AI-Generated Summary

Updated January 20, 2026 at 2:48 PM UTC

The Harnessing Energy At Thermal Sources (HEATS) Act changes how geothermal drilling is regulated on land that is not owned by the federal government. It removes the need for a federal drilling permit when the United States owns less than half of the subsurface geothermal interest, as long as the operator provides a state permit. The bill also treats these projects as not being major federal actions under NEPA, exempts them from certain Endangered Species Act and historic preservation requirements, and keeps existing royalty rules. Indian lands and trust resources are excluded.

Key Provisions

  • Eliminates the federal drilling permit requirement for geothermal exploration and production on non‑federal surface land if the U.S. owns less than 50% of the subsurface interest, provided a state permit is submitted.
  • Designates such geothermal activities as not a "major federal action" under NEPA, so no federal environmental review is required.
  • Allows projects to begin 30 days after the state permit is submitted and exempts them from ESA Section 7 and most historic preservation review unless the state lacks its own preservation law.
  • Maintains royalty obligations to the United States and authorizes the Secretary to conduct onsite inspections for production accountability.
  • Specifies that the provisions do not apply to Indian lands or resources held in trust for Indian tribes.

Legislative Activity

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22 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

November 18, 2024

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HouseIntro Referral

Introduced in House

February 20, 2024

HouseIntro Referral

Referred to the House Committee on Natural Resources.

February 20, 2024

HouseCommittee

Referred to the Subcommittee on Energy and Mineral Resources.

March 4, 2024

HouseCommittee

Subcommittee Hearings Held

March 6, 2024

HouseCommittee

Subcommittee on Energy and Mineral Resources Discharged

April 16, 2024

HouseCommittee

Committee Consideration and Mark-up Session Held

April 16, 2024

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 22 - 16.

April 16, 2024

HouseCommittee

Reported by the Committee on Natural Resources. H. Rept. 118-722.

November 1, 2024

HouseCalendars

Placed on the Union Calendar, Calendar No. 609.

November 1, 2024

HouseFloor

Rules Committee Resolution H. Res. 1568 Reported to House. Rule provides for consideration of H.R. 8932, H.R. 7409 and H.R. 8446. The resolution provides for consideration of H.R. 8932, H.R. 7409, and H.R. 8446 under a closed rule, and provides for one hour of debate and one motion to recommit on each bill.

November 12, 2024 • 6:33 PM

HouseFloor

Considered under the provisions of rule H. Res. 1568. (consideration: CR H5994-5998)

November 14, 2024 • 1:11 PM

HouseFloor

Rule provides for consideration of H.R. 8932, H.R. 7409 and H.R. 8446. The resolution provides for consideration of H.R. 8932, H.R. 7409, and H.R. 8446 under a closed rule, and provides for one hour of debate and one motion to recommit on each bill.

November 14, 2024 • 1:11 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 7409.

November 14, 2024 • 1:12 PM

HouseFloor

The previous question was ordered pursuant to the rule.

November 14, 2024 • 1:49 PM

HouseFloor

Ms. Stansbury moved to recommit to the Committee on Natural Resources. (CR H5998)

November 14, 2024 • 1:49 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

November 14, 2024 • 1:49 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 7409, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Stansbury demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

November 14, 2024 • 1:50 PM

HouseFloor

Considered as unfinished business. (consideration: CR H6000-6001)

November 14, 2024 • 2:30 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 198 - 206 (Roll no. 463).

November 14, 2024 • 2:36 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 225 - 181 (Roll no. 464). (text: CR H5994)

November 14, 2024 • 2:43 PM

HouseFloor

On passage Passed by the Yeas and Nays: 225 - 181 (Roll no. 464). (text: CR H5994)

November 14, 2024 • 2:43 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 14, 2024 • 2:43 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

November 18, 2024

Floor Debate

15 members

What members said about H.R. 7409 on the floor

6 Republicans9 Democrats
Melanie A. Stansbury
Rep. Melanie A. StansburyD-NM-1 · Nov 14, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise once again in opposition to another Natural Resources bill which, much to my dismay, I would love to have the opportunity…

Bruce Westerman
Rep. Bruce WestermanR-AR-4 · Nov 14, 2024

Mr. Speaker, pursuant to House Resolution 1568, I call up the bill (H.R. 7409) to amend the Geothermal Steam Act of 1970 to waive the requirement for a Federal drilling permit for certain activities,…

Bruce Westerman
Rep. Bruce WestermanR-AR-4 · Nov 19, 2024

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 1449. Mr. Chair, I yield myself…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Nov 13, 2024

Madam Speaker, I yield myself such time as I may consume. I thank the gentleman from Texas for yielding me the customary 30 minutes. Madam Speaker, before we begin, I want to address the results of…

Melanie A. Stansbury
Rep. Melanie A. StansburyD-NM-1 · Nov 19, 2024

Mr. Chair, I yield myself such time as I may consume. Mr. Chair, I am happy to be here once again on another set of energy bills and amendments. While I certainly support the goal of this bill to…

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Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Nov 13, 2024

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1568 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Raúl M. Grijalva
Rep. Raúl M. GrijalvaD-AZ-7 · Nov 19, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chairman, this amendment, which I offered a version of at the markup nearly a year ago, would have addressed all the concerns. If adopted, I would be…

Russ Fulcher
Rep. Russ FulcherR-ID-1 · Nov 19, 2024

Mr. Chair, I thank the good chairman from Arkansas for his leadership on this issue. Mr. Chair, I rise today in strong support of my bill, H.R. 1449, the Committing Leases for Energy Access Now Act,…

Betty McCollum
Rep. Betty McCollumD-MN-4 · Nov 18, 2024

Mr. Speaker, the Critical Mineral Consistency Act (H.R. 8446) and the Harnessing Energy At Thermal Sources (HEATS) Act (H.R. 7409) would both limit the ability of the American public to have a say in…

Brittany Pettersen
Rep. Brittany PettersenD-CO-7 · Nov 13, 2024

Madam Speaker, since the Supreme Court's unthinkable decision to overturn Roe v. Wade, women face countless attacks on our reproductive healthcare and desperately need Congress to act now. Despite an…

Young Kim
Rep. Young KimR-CA-40 · Nov 14, 2024

Mr. Speaker, I thank Chairman Westerman for yielding and for his leadership in moving this bill forward. Mr. Speaker, I rise in strong support of my bipartisan bill, H.R. 7409, Harnessing Energy At…

John S. Duarte
Rep. John S. DuarteR-CA-13 · Nov 14, 2024

Mr. Speaker, I rise today to support H.R. 7409, the HEATS Act. This bill will assist working families, small businesses, and the geothermal energy producers streamline the permitting process for one…

Pete Stauber
Rep. Pete StauberR-MN-8 · Nov 14, 2024

Mr. Speaker, I rise today in support of H.R. 7409, the HEATS Act, introduced by my good friend from California, Mrs. Kim. This is an important piece of legislation that will increase our energy…

Show 5 more
Rashida Tlaib
Rep. Rashida TlaibD-MI-12 · Nov 19, 2024

Mr. Chair, I support this amendment. I am glad to see that many of my Republican colleagues are taking a real interest, obviously, in clean air and energy production, but clean energy projects can't…

David Scott
Rep. David ScottD-GA-13 · Nov 18, 2024

Mr. Speaker, had I been present during November 12 to November 15, 2024, my votes for Roll Call Numbers 456, 457, 459, 460, 461, 462, 463, and 465 would have been cast as such: YEA on Roll Call No.…

Josh Gottheimer
Rep. Josh GottheimerD-NJ-5 · Nov 14, 2024

Mr. Speaker, I missed the following votes, but had I been present, I would have voted YEA on Roll Call No. 461, YEA on Roll Call No. 462, YEA on Roll Call No. 463, and NO on Roll Call No. 464.

Joe Neguse
Rep. Joe NeguseD-CO-2 · Nov 14, 2024

Mr. Speaker, on that I demand the yeas and nays.

James P. McGovern
Rep. James P. McGovernD-MA-2 · Nov 13, 2024

Mr. Speaker, I demand a recorded vote.

Bill Text

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Latest
Referred in SenateIssued November 18, 2024

IIB

118th CONGRESS

2d Session

H. R. 7409

IN THE SENATE OF THE UNITED STATES

November 18, 2024

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

AN ACT

To amend the Geothermal Steam Act of 1970 to waive the requirement for a Federal drilling permit for certain activities, to exempt certain activities from the requirements of the National Environmental Policy Act of 1969, and for other purposes.


1.

Short title

This Act may be cited as the Harnessing Energy At Thermal Sources Act or the HEATS Act.

2.

No Federal permit required for geothermal activities on certain land

The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following:

30.

No Federal permit required for geothermal activities on certain land

(a)

In general

The Secretary shall not require an operator to obtain a Federal drilling permit for geothermal exploration and production activities conducted on a non-Federal surface estate, provided that—

(1)

the United States holds an ownership interest of less than 50 percent of the subsurface geothermal estate to be accessed by the proposed action; and

(2)

the operator submits to the Secretary a State permit to conduct geothermal exploration and production activities on the non-Federal surface estate.

(b)

No Federal action

A geothermal exploration and production activity carried out under subsection (a)—

(1)

shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969;

(2)

shall require no additional Federal action;

(3)

may commence 30 days after submission of the State permit to the Secretary;

(4)

shall not be subject to section 7 of the Endangered Species Act of 1973; and

(5)

shall only be considered an undertaking under division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act), if, with respect to the State in which the activity occurs, there is no State law in effect that addresses the preservation of historic properties in such State.

(c)

Royalties and production accountability

(1)

Nothing in this section shall affect the amount of royalties due to the United States under this Act from the production of electricity using geothermal resources (other than direct use of geothermal resources) or the production of any byproducts.

(2)

The Secretary may conduct onsite reviews and inspections to ensure proper accountability, measurement, and reporting of the production described in subsection (a), and payment of royalties.

(d)

Exceptions

This section shall not apply to actions on Indian lands or resources managed in trust for the benefit of Indian Tribes.

(e)

Indian land

In this section, the term Indian land means—

(1)

any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and

(2)

any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—

(A)

in trust by the United States for the benefit of an Indian tribe or an individual Indian;

(B)

by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or

(C)

by a dependent Indian community.

.

Passed the House of Representatives November 14, 2024.

Kevin F. McCumber,

Clerk.