HEATS Act
- Bill Number
- H.R. 5587
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Energy
- Status
- Passed House
- Latest Action
- 2026-04-28: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
- Last Updated
- 2026-06-11T23:41:31Z
AI-Generated Summary
Summary of H.R. 5587: Harnessing Energy At Thermal Sources Act of 2026 (HEATS Act)
Purpose
The legislation aims to speed up geothermal energy exploration and production on certain lands by removing federal permitting requirements and exempting these activities from major environmental review laws. It targets situations where the land surface is privately owned but the underground geothermal resources are only partially owned by the federal government.
Key Provisions
- No Federal Drilling Permit Needed: Operators do not need a federal permit for geothermal activities on non-federal surface land if:
- The U.S. owns less than 50% of the subsurface geothermal resources.
- The operator provides the Secretary of the Interior (Secretary) with a state-issued permit.
- Streamlined Start: Activities can begin 30 days after submitting the state permit to the Secretary.
- Exemptions from Federal Laws:
- Not considered a "major federal action" under the National Environmental Policy Act (NEPA), which normally requires environmental impact statements.
- No consultation required under Section 7 of the Endangered Species Act (ESA), which protects threatened species.
- Only subject to the National Historic Preservation Act (NHPA) if the state lacks its own historic preservation law.
- Royalties Preserved: The U.S. still collects royalties on electricity produced from geothermal resources (not direct use) and byproducts; the Secretary can inspect sites for compliance.
- Exceptions: Does not apply to Indian lands, defined as reservation lands or lands held in trust for tribes/individuals or restricted from sale.
Significant Changes to Existing Law
- Amends Geothermal Steam Act of 1970: Adds a new Section 30 to eliminate federal permits and federal actions for qualifying activities.
- Reduces Federal Oversight: Previously, federal involvement (e.g., permits, NEPA reviews, ESA consultations) was often required on lands with any federal subsurface interest; this waives them under specific conditions.
Potential Impacts
- Government Agencies: Reduces workload for the Department of the Interior (e.g., Bureau of Land Management) by limiting reviews, inspections, and permitting, but maintains royalty collection authority.
- Citizens and Industry: Enables faster geothermal development on "split estate" lands (private surface, partial federal subsurface), potentially lowering energy costs and boosting renewable energy production.
- Environment and Communities: Fewer federal environmental checks could speed projects but raise risks to species, habitats, or historic sites unless states fill the gap.
- No Direct International Relations Impact: Focused on domestic land use.
Main Stakeholders Affected
- Geothermal Operators/Companies: Benefit from quicker approvals and lower costs.
- Landowners: Private surface owners gain easier access to resources.
- States: Take lead via their permits; must handle environmental/historic protections if opting in.
- Federal Government: Loses some regulatory control but retains revenue.
- Tribal Nations: Explicitly excluded, preserving federal/tribal oversight.
- Environmental Groups: May oppose due to reduced protections.
Notable Legal, Constitutional, or Political Implications
- Legal: Could face challenges for bypassing NEPA, ESA, and NHPA, which courts have upheld as essential; exemptions might be tested on property rights or federalism grounds (shifting authority to states).
- Constitutional: Relies on Congress's authority over federal lands and energy policy; no direct takings or due process issues apparent.
- Political: Promotes energy independence via renewables; may spark debate on balancing development speed with environmental safeguards. Passed House April 23, 2026; referred to Senate Committee on Energy and Natural Resources April 28, 2026.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Gray, Adam [D-CA-13], Rep. Begich, Nicholas J. [R-AK-At Large]
Recent Actions
- 2026-04-28: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
- 2026-04-23: Motion to reconsider laid on the table Agreed to without objection.
- 2026-04-23: On passage Passed by the Yeas and Nays: 231 - 186 (Roll no. 137). (text: CR H3073) (Roll call 137)
- 2026-04-23: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 231 - 186 (Roll no. 137). (text: CR H3073) (Roll call 137)
- 2026-04-23: The previous question was ordered pursuant to the rule.
- 2026-04-23: DEBATE - The House proceeded with one hour of debate on H.R. 5587.
- 2026-04-23: Rule provides for consideration of H.R. 4690, H. Res. 1182, H.R. 1897 and H.R. 5587. The resolution provides for consideration of H.R. 4690, H. Res. 1182, H.R. 1897, and H.R. 5587 under a closed rule with one hour of general debate on each measure. The resolution provides for one motion to recommit on H.R. 4690, H.R. 1897, and H.R. 5587.
- 2026-04-23: Considered under the provisions of rule H. Res. 1189. (consideration: CR H3073-3077)
- 2026-04-22: Rule H. Res. 1189 passed House.
- 2026-04-20: Rules Committee Resolution H. Res. 1189 Reported to House. Rule provides for consideration of H.R. 4690, H. Res. 1182, H.R. 1897 and H.R. 5587. The resolution provides for consideration of H.R. 4690, H. Res. 1182, H.R. 1897, and H.R. 5587 under a closed rule with one hour of general debate on each measure. The resolution provides for one motion to recommit on H.R. 4690, H.R. 1897, and H.R. 5587.
- 2026-04-15: Placed on the Union Calendar, Calendar No. 531.
- 2026-04-15: Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-613.
- 2026-04-15: Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-613.
- 2026-03-05: Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 23 - 15.
- 2026-03-05: Committee Consideration and Mark-up Session Held
Bill Versions
- Harnessing Energy At Thermal Sources Act of 2026 — issued 2026-04-23 — PDF (6 pages)
- Harnessing Energy At Thermal Sources Act — issued 2025-09-26 — PDF (4 pages)
- Harnessing Energy At Thermal Sources Act of 2026 — issued 2026-04-28 — PDF (4 pages)
- Harnessing Energy At Thermal Sources Act of 2026 — issued 2026-04-15 — PDF (6 pages)