HR-301-119
Placed on the Union Calendar, Calendar No. 568.
Sponsored by Celeste Maloy (R-UT)
What it does
This bill would amend the Geothermal Steam Act of 1970 to require the Department of the Interior to process each application for a geothermal drilling permit or other authorization under an existing valid geothermal lease within 60 days after all required federal environmental reviews — including those under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the National Historic Preservation Act (NHPA) — are completed. The deadline would not apply if a federal court vacates or issues an injunction against the underlying lease.
Who benefits
Geothermal energy developers and companies holding existing geothermal leases, who would gain greater certainty and faster project timelines. Investors in geothermal energy projects, who face lower scheduling risk. Domestic clean energy supply chains broadly, as faster permitting could accelerate geothermal capacity additions. Western states with significant geothermal resources (California, Nevada, Utah, Idaho) where most U.S. geothermal activity is concentrated. Electricity consumers in those regions who could benefit from expanded baseload renewable power. Federal and state tax revenue beneficiaries if more projects reach production.
Who is hurt
Environmental advocacy organizations and local communities near proposed geothermal sites, who may have less time to raise concerns after formal reviews close. Competing energy sources (natural gas peaker plants, other baseload generators) that could face increased market competition. Interior Department staff who may face resource constraints in meeting the new deadline across multiple simultaneous applications. Tribal nations and historic preservation stakeholders whose consultation processes under NHPA, while still required, could face pressure to conclude faster. Landowners near geothermal operations who rely on thorough agency review as a check on project approvals.
Supporters argue
Supporters argue that geothermal energy is a reliable, 24/7 renewable baseload resource that currently faces permitting delays averaging years beyond the completion of required environmental reviews — delays caused not by ongoing legal or environmental analysis, but by administrative backlogs. They contend that the bill does not shorten or bypass any environmental review under NEPA, ESA, or NHPA, but simply requires Interior to act within 60 days once those reviews are finished, eliminating purely bureaucratic lag. They point to geothermal's potential to provide stable, emissions-free power as a compelling reason to remove unnecessary administrative friction.
Opponents argue
Opponents argue that post-review administrative time often serves a legitimate function — allowing agencies to incorporate late-emerging scientific data, respond to public comments, and coordinate across bureaus — and that a hard 60-day deadline could pressure Interior to approve permits before all concerns are fully addressed. They contend that the bill, while preserving formal review requirements, could effectively compress the deliberative period in which agencies weigh cumulative impacts or consult with tribes, since the clock starts the moment reviews are "completed" — a determination Interior itself controls. They further argue that understaffed agencies may approve permits with less scrutiny simply to avoid missing the statutory deadline.
Constitutional context
The bill operates under Congress's Commerce Clause authority (Art. I, §8, cl. 3), which underpins the Geothermal Steam Act and related federal land management statutes. Post-Loper Bright (2024), any Interior Department interpretation of what constitutes "completing all requirements" under NEPA, ESA, or NHPA would receive no automatic judicial deference, meaning courts would independently assess whether the agency's timeline determinations are consistent with the statute.
Checks and balances
The executive branch (Interior Department) loses some discretionary scheduling authority, while Congress gains a statutory check on agency timelines; federal courts retain oversight through the existing judicial review exception built into the bill itself.
Historical precedent
The Fixing America's Surface Transportation (FAST) Act of 2015 and the FAST-41 permitting provisions similarly imposed timelines and coordination requirements on federal agencies for infrastructure permitting, establishing a precedent for Congress setting statutory deadlines on post-review agency action.