HR-1687-119
Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.
Sponsored by Russ Fulcher (R-ID)
What it does
This bill would require the Department of the Interior to hold geothermal energy lease sales on federal land at least once per year — down from the current two-year minimum — in any state with pending nominations for geothermal development. Interior would be required to offer all eligible nominated parcels at each sale, consistent with the applicable resource management plan. If a sale is canceled or delayed, a replacement sale must be held within the same calendar year. The bill would also set binding deadlines for Interior to respond to applications for geothermal drilling permits.
Who benefits
Geothermal energy developers and companies holding pending lease nominations who would gain faster access to federal land. States with significant geothermal potential — particularly western states like Nevada, California, Idaho, Utah, and Oregon — whose economies and energy grids could benefit from expanded development. Electricity consumers in those regions who may benefit from increased geothermal baseload power. Renewable energy advocates seeking to diversify the clean energy mix. Federal and state governments that collect royalties and fees from geothermal leases. Workers in geothermal drilling, construction, and plant operations who may see increased employment opportunities.
Who is hurt
Competing energy industries — particularly fossil fuel and solar/wind developers — that may face increased competition for federal land or energy market share. Environmental and conservation groups that prefer slower, more deliberative review of federal land use. Wildlife and habitat interests in areas nominated for geothermal development, where faster leasing may compress environmental review timelines. Local communities near proposed geothermal sites that may have less time to participate in public comment processes. Interior Department staff who would face new mandatory timelines and workload increases without guaranteed additional resources.
Supporters argue
Supporters argue that geothermal energy is a reliable, 24/7 baseload renewable resource that is significantly underutilized on federal lands, and that the current two-year leasing cycle creates unnecessary delays that stifle domestic clean energy development. They contend that geothermal produces minimal surface disturbance compared to other energy sources and that accelerating lease sales and permit responses would reduce dependence on fossil fuels while creating stable, local jobs in states with abundant geothermal resources. The bill's unanimous committee consent suggests broad, bipartisan recognition that administrative bottlenecks — not resource scarcity — are the primary barrier to expansion.
Opponents argue
Opponents argue that compressing lease sale timelines and imposing mandatory permit deadlines could undermine the quality of environmental review required under the National Environmental Policy Act, potentially fast-tracking development in ecologically sensitive areas before impacts are fully understood. They contend that requiring Interior to offer all nominated parcels at every sale removes agency discretion to prioritize parcels based on resource management plans, wildlife considerations, or tribal consultation obligations — and that rigid statutory deadlines may force approvals before adequate review is complete, creating legal vulnerabilities and on-the-ground harms that are difficult to reverse.
Constitutional context
Congress has broad authority to manage and dispose of federal lands under the Property Clause (Art. IV, §3, cl. 2) and to regulate energy development through the Commerce Clause (Art. I, §8, cl. 3). This bill directs Interior's exercise of existing statutory authority rather than creating sweeping new regulatory power, so it is unlikely to raise major questions doctrine concerns under West Virginia v. EPA (2022). Post-Loper Bright (2024), any Interior regulations implementing the new deadlines would face independent judicial scrutiny rather than deference.
Checks and balances
The executive branch (Interior) gains more constrained, deadline-driven authority over geothermal leasing, while Congress tightens its oversight by replacing agency discretion on timing with mandatory statutory schedules; courts retain authority to review whether Interior complies with both this bill and existing environmental review laws.
Historical precedent
The Geothermal Steam Act of 1970 and its 2005 amendments (Energy Policy Act) previously established the federal geothermal leasing framework, including competitive lease sales; this bill modifies the frequency and procedural requirements of that existing system.