Geothermal observation test projects

The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following: 30. Geothermal observation test projects (a) Definitions In this section: (1) Casual use The term casual use, with respect to a geothermal observation test project, means activities ordinarily resulting in no or negligible disturbance of public land or resources. (2) Categorical exclusion The term categorical exclusion has the meaning given the term in section 3 of the National Environmental Policy Act of 1969. (3) Downhole The term downhole means a well or borehole dug or drilled into the subsurface of the earth for the purposes of resource confirmation or potential use. (4) Geothermal observation test project The term geothermal observation test project means using geothermal technologies to drill a test, monitor, calibration, or other similar type of exploratory drilling process well for geothermal resources on land for which the Secretary concerned has issued a lease under this Act, that— (A) causes an allowable amount of total disturbance; (B) does not include any permanent roads; (C) is developed— (i) with the deepest cemented casing string less than 12 inches of downhole size in diameter; (ii) in a manner that does not require off-road motorized access other than to and from the well site along an identified off-road route; (iii) with temporary road access, if needed to enable access to the geothermal observation test project location, subject to the requirement that— (I) construction of the temporary road access is remediated as close as reasonably practicable to original condition following completion of the geothermal observation test project work; or (II) the temporary road access, with any additional permanent improvements, is included as part of the full review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the leaseholder intends to proceed with geothermal energy use for— (aa) the production of electricity; (bb) industrial processes; (cc) agricultural processes; (dd) brine mineral extraction; (ee) direct heating and cooling uses; or (ff) any combination of items (aa) through (ee); and (iv) with the use of rubber-tired digging or drilling equipment vehicles; (D) is completed in less than 1 year— (i) including the removal of any surface infrastructure from the site, unless— (I) the party conducting the geothermal observation test project submits to the Secretary concerned by not later than 60 days after the date of first exploration drilling an extension request for additional time to complete the observation project, in which the request provides justification indicating why granting an extension is necessary; and (II) the Secretary concerned grants an extension under subclause (I), if requested; or (ii) not including removal of any surface infrastructure from the site so long as the geothermal developer intends to proceed with resource development directly following the test phase of the project and into processes required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (E) requires the restoration of the project site as part of any new review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) within 3 years of the date of first exploration drilling to approximately the condition that existed at the time the project began, unless the site is subsequently used as part of energy development under the lease. (5) Geothermal technology The term geothermal technology means technology designed to extract heat from the subsurface of the earth and that is used to drill— (A) hydrothermal project test wells; (B) enhanced geothermal system monitoring wells; (C) closed loop geothermal system calibration wells; and (D) similar types of subsurface disturbances through non-production wells to assess the viability of the heat resources of the earth. (6) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary, with respect to public lands. (7) Surface infrastructure The term surface infrastructure means all equipment, materials, facilities, and other items used in the drilling of a geothermal observation test project. (8) Total disturbance (A) In general The term total disturbance means a geothermal observation test project that causes not more than 10 acres of disturbance from— (i) soil or vegetation disruption at the location of each geothermal observation test project; and (ii) soil or vegetation disruption during access or egress to the geothermal observation test project site. (B) Allowance (i) Multiple projects For instances of multiple geothermal observation test projects, the acres of total disturbance allowed shall— (I) be equal to the total number of geothermal observation test projects multiplied by 10 acres; and (II) not exceed 100 total acres. (ii) Access or egress For soil or vegetation disruption during access or egress to a geothermal observation test project site, the acres of total soil or vegetation disruption allowed shall be equal to the acres of total disturbance allowed minus the acres of soil or vegetation disruption caused by the geothermal observation test project. (b) Categorical exclusion (1) In general Not later than 1 year after the date of enactment of this section, the Secretary concerned shall develop a categorical exclusion for geothermal observation test projects. (2) Administration In developing and administering the categorical exclusion under paragraph (1), the Secretary concerned shall— (A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) apply any applicable extraordinary circumstance under section 46.215 of title 43, Code of Federal Regulations (or a successor regulation), in determining whether to use the categorical exclusion. (c) Non-Major Federal action (1) In general Activities that are casual use shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Notice of intent A party wishing to conduct activities that are casual use shall provide to the Secretary a notice of intent to carry out those activities at least 30 days before the start of the activities..