Sec. 402. Geothermal production on Federal lands
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The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: Not later than 30 days before the date on which the holder of a lease issued under this Act intends to begin carrying out a project the leaseholder believes is a geothermal exploration test project, the leaseholder shall provide notice to the Secretary of the intent to carry out the geothermal exploration test project. Not later than 10 days after receipt of a notice of intent from a leaseholder under subsection (a), the Secretary shall, with respect to the project described in the notice of intent— determine whether the project is a geothermal exploration test project; and if so, determine whether the geothermal exploration test project qualifies for a categorical exclusion in accordance with subsection (c); and notify the leaseholder of the determinations under paragraph (1).
Unless extraordinary circumstances exist, as determined by the Secretary, a project that the Secretary determines is a geothermal exploration test project under subsection (b)(1)(A) shall be categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). If the Secretary determines under subsection (b)(1)(A) that a project is not a geothermal exploration test project or under subsection (b)(1)(B) that a geothermal exploration test project does not qualify for a categorical exclusion because extraordinary circumstances exist, the Secretary shall— include in the notice under subsection (b)(2) clear and detailed findings on any deficiencies in the project that resulted in the determination; and allow the leaseholder to remedy any such deficiencies and resubmit the notice of intent under subsection (a). .
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