S-4960-119
Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.
Sponsored by James Risch (R-ID)
What it does
This bill would amend the Geothermal Steam Act of 1970 to require the Department of the Interior to hold geothermal energy lease sales annually (instead of every two years). It would require a replacement sale in the same year if a scheduled sale is canceled or delayed. It would also require the Secretary to offer at least 75% of nominated, eligible parcels at each sale, with written justification required to withhold the remaining 25%, and would set strict 30-day deadlines for the agency to process geothermal drilling permit applications.
Who benefits
Geothermal energy developers and companies seeking faster access to federal lands. Renewable energy investors who would gain more predictable lease sale schedules. States with significant geothermal resources (primarily Idaho, Nevada, California, Oregon, Utah, and Wyoming) that could see increased energy development and associated tax revenues. Workers in the geothermal energy sector who could see expanded employment opportunities. Electricity consumers in geothermal-rich regions who may benefit from increased baseload renewable energy supply. Federal and state governments that collect royalties from geothermal leases.
Who is hurt
Environmental and conservation groups that argue more frequent lease sales reduce time for environmental review of sensitive public lands. Wildlife and ecosystems in areas nominated for geothermal development that could face increased surface disturbance. Competing land users — such as ranchers, recreationists, and tribal communities — who may have less time to weigh in on parcel nominations. Interior Department staff who would face tighter administrative deadlines, potentially straining agency resources. Other renewable energy sectors (wind, solar) that compete for federal land access and investment capital.
Supporters argue
Supporters argue that geothermal energy is a reliable, 24/7 baseload renewable resource that has been held back by slow and unpredictable federal permitting. They contend that the current two-year leasing cycle and lengthy permit reviews create unnecessary delays for a technology that produces no air emissions and has a small surface footprint compared to other energy sources. By mandating annual sales and firm permit deadlines, the bill would give developers the regulatory certainty needed to attract investment and accelerate deployment of a domestic clean energy source.
Opponents argue
Opponents argue that compressing lease sale timelines and imposing rigid permit deadlines could undermine the quality of environmental reviews required under the National Environmental Policy Act, potentially leading to development on ecologically sensitive lands. They contend that the requirement to offer 75% of nominated parcels by default shifts the burden of proof onto the agency to justify withholding land, rather than requiring developers to demonstrate suitability — a reversal of the precautionary approach traditionally applied to irreversible public land decisions. Rushed reviews, they argue, may increase litigation risk and ultimately slow development more than the current process.
Constitutional context
Congress has broad authority to manage federal public lands under the Property Clause (Art. IV, §3, cl. 2), and the Geothermal Steam Act is also grounded in the Commerce Clause (Art. I, §8, cl. 3). Post-Loper Bright (2024), any Interior Department regulations implementing the new deadlines and parcel-offering requirements would face independent judicial scrutiny rather than automatic deference, meaning courts would assess the agency's statutory interpretations on their own merits.
Checks and balances
The executive branch (Department of the Interior) gains more constrained, deadline-driven authority over lease sales, while Congress imposes mandatory timelines and written justification requirements that limit the Secretary's discretion; judicial review under NEPA and the APA remains available to challengers.
Historical precedent
The Geothermal Steam Act of 1970 and its 2005 amendments (Energy Policy Act) previously restructured federal geothermal leasing to increase competitiveness and frequency of sales, establishing the framework this bill would further modify.