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S. 4975Senate119th Congress (2025-2027)In Committee

HEATS Act

Sponsored by John HoevenSen. John Hoeven (R-ND)
Introduced July 14, 2026

AI-Generated Summary

Updated July 18, 2026 at 10:34 PM UTC

The HEATS Act amends the Geothermal Steam Act to speed up geothermal development on private (non‑federal) surface lands by removing the federal drilling permit requirement, provided the federal government holds less than half of the subsurface interest and a state permit is submitted. It also exempts these projects from NEPA, the Endangered Species Act, and certain historic preservation rules, while preserving royalty payments and allowing federal inspections. The changes affect geothermal operators, state permitting agencies, and federal oversight bodies, but do not apply to Indian lands.

Key Provisions

  • Eliminates the need for a federal drilling permit for geothermal exploration and production on non‑federal surface land when the U.S. owns less than 50% of the subsurface interest, as long as the operator provides a state permit to the Secretary.
  • Treats such geothermal activities as not a “major federal action” under NEPA, so they are exempt from NEPA review, and they are not subject to the Endangered Species Act or certain historic preservation requirements unless a state law applies.
  • Allows the activity to begin 30 days after the state permit is submitted to the Secretary.
  • Keeps existing royalty obligations unchanged and authorizes the Secretary to conduct on‑site inspections to verify production reporting and royalty payments.
  • Specifies that the waiver does not apply to projects on Indian lands or resources held in trust for Indian tribes.

Legislative Activity

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2 earlier actions
SenateCommittee Latest Action

Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.

Public Lands, Forests, and Mining Subcommittee

July 15, 2026

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SenateIntro Referral

Introduced in Senate

July 14, 2026

SenateIntro Referral

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

Energy and Natural Resources Committee

July 14, 2026

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.

Public Lands, Forests, and Mining Subcommittee

July 15, 2026

Bill Text

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Introduced in SenateIssued July 14, 2026

II

119th CONGRESS

2d Session

S. 4975

IN THE SENATE OF THE UNITED STATES

July 14, 2026

Mr. Hoeven (for himself and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

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 of 2026 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.

.