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S. 5653IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2229 · S. 5653

NEPA Review

Division B — Committee on Energy and Natural Resources › Title II — Energy Permitting › Subtitle C — Geothermal leasing and permitting

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Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is amended— (1) by striking subsection (a) and inserting the following: (a) NEPA Review Action by the Secretary of the Interior in managing public land, or the Secretary of Agriculture in managing National Forest System land, with respect to an activity described in subsection (b) shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the activity is conducted pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) for the purpose of exploration or development of oil, gas, or geothermal resources.; (2) in subsection (b)— (A) in paragraph (2), by striking or gas and inserting, gas, or geothermal; (B) in paragraph (3), by striking or gas and inserting, gas, or geothermal; (C) by striking NEPA each place it appears and inserting the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (D) in paragraph (4), by striking 5 and inserting 10; (E) by redesignating paragraph (5) as paragraph (6); and (F) by inserting after paragraph (4) the following: (5) For the purposes of geothermal, placement of an electric transmission or distribution line of not more than 20 miles in length in an approved right-of-way corridor, so long as the corridor was approved within 10 years prior to the date of placement of the transmission or distribution line.; and (3) by adding at the end the following: (c) Effect (1) In general Nothing in this section affects the requirement for a drilling permit for the conduct of any activity described in subsection (b) pursuant to— (A) the Mineral Leasing Act (30 U.S.C. 181 et seq.); or (B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (2) Requirements Notwithstanding section 17(p)(2)(A) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)(A)) or subsection (h)(2)(A)(i) of section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003), activities described in subsection (b) that require a drilling permit under the Mineral Leasing Act (30 U.S.C. 1001 et seq.) or a geothermal drilling permit under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) shall not have any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)..

Sec. 2229: NEPA Review · Public Law Tracker