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119-s-4975119th Congress

HEATS Act

Sponsored By: Senator Hoeven, John [R-ND]

In Committee

Summary

Waives the federal drilling permit for certain geothermal projects on non‑Federal surface estates when the United States owns less than 50% of the subsurface and the operator holds a State permit. The bill narrows federal environmental and historic reviews while preserving federal royalty rules and allowing federal inspections.

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  • Operators and developers: If the United States owns less than 50% of the subsurface and an operator submits a State permit to the Secretary, work may begin 30 days after submission. The activity is not treated as a major federal action under NEPA and is not subject to section 7 of the Endangered Species Act.
  • State governments and permitting: State permits become the controlling approval for covered projects on non‑Federal surface estates. National Historic Preservation Act review applies only where the State has no applicable historic preservation law.
  • Tribes and federal interests: The rule does not apply to Indian lands or trust resources. Royalties from electricity production and any byproducts remain due to the United States and the Secretary may conduct onsite reviews and inspections to verify production and payments.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Tribal lands excluded from waiver

If enacted, this bill would say the permit‑waiver framework does not apply to actions on "Indian land" or to resources held in trust for tribes. The bill would define "Indian land" to include reservations, pueblos, rancherias, and lands held in trust or subject to restrictions, and land of dependent Indian communities. That means projects on those lands would keep separate permitting and legal treatment instead of using the State‑permit waiver.

Easier geothermal permits for some projects

If enacted, this bill would stop the Secretary from requiring a federal drilling permit for some geothermal exploration and production on non‑Federal surface estates. To qualify, the United States must own less than 50% of the underground geothermal estate and the operator must give the Secretary a State permit. The work could start 30 days after the State permit is submitted. The bill would treat the activity as not a major federal NEPA action, exclude it from ESA section 7, limit NHPA review when the State has historic‑property law, keep U.S. royalties unchanged, and allow the Secretary to do onsite inspections.

Sponsors & CoSponsors

Sponsor

Hoeven, John [R-ND]

ND • R

Cosponsors

  • Sen. Daines, Steve [R-MT]

    MT • R

    Sponsored 7/14/2026

  • Sen. Lee, Mike [R-UT]

    UT • R

    Sponsored 7/22/2026

Roll Call Votes

No roll call votes available for this bill.

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