PolicyBrief
H.R. 5587
119th CongressApr 23rd 2026
Harnessing Energy At Thermal Sources Act of 2026
HOUSE PASSED

The HEATS Act streamlines geothermal energy development on certain lands by eliminating the federal drilling permit requirement when state permits are obtained and federal subsurface interest is below 50%.

Young Kim
R

Young Kim

Representative

CA-40

PartyTotal VotesYesNoDid Not Vote
Democrat
212221864
Republican
21720908
LEGISLATION

New HEATS Act Streamlines Geothermal Permits, Skips Federal Environmental Reviews on Some Lands

Alright, let's talk energy, specifically the new Harnessing Energy At Thermal Sources Act of 2026, or the HEATS Act. This bill is looking to shake things up for geothermal energy projects, basically making it easier and faster for companies to tap into the Earth's heat.

The Permit Shortcut: What's Changing?

So, what's the big deal? If you're a geothermal operator, this bill could be a game-changer. Right now, getting a federal drilling permit can be a long haul. But under the HEATS Act, if the U.S. government owns less than 50% of the geothermal rights underground, and you've already got a state permit, you might not need a federal permit anymore. We're talking about a significant streamlining here: these projects won't be considered "major federal actions" under the National Environmental Policy Act (NEPA), which often means lengthy environmental impact studies. They also get a pass on certain rules from the Endangered Species Act and can largely bypass federal historic preservation reviews, unless the state itself doesn't have such laws. Once that state permit is submitted to the Secretary of the Interior, activities can kick off in just 30 days. It's like fast-tracking your project through a special express lane.

Royalties Still Apply, But Oversight Shifts

Now, before you think it's a total free-for-all, there are some checks in place. The bill explicitly states that it doesn't change the amount of royalties owed to the U.S. government from geothermal electricity or any byproducts. So, Uncle Sam still gets his cut. The Secretary of the Interior can also still pop in for onsite reviews and inspections to make sure everything's on the up-and-up with accountability, measurement, and those royalty payments. This means while the initial permitting hurdle is lower, the government still has an eye on the money side of things.

Who Benefits, Who Might Be Concerned?

For geothermal energy companies, this is a clear win. Less red tape, faster project starts, and potentially lower development costs. This could mean more geothermal energy flowing, which is good for diversifying our energy mix. For those of us juggling rising utility bills, more energy options could eventually mean more stable prices. However, if you're someone who keeps an eye on environmental protections, this bill might raise an eyebrow. By skipping NEPA and parts of the Endangered Species Act, there's less federal scrutiny on the environmental impact of these projects. While state permits are required, the rigor of those permits can vary, and what's considered adequate at the state level might not meet federal standards for protecting ecosystems or wildlife.

What About Indian Lands?

One crucial carve-out here: none of these changes apply to Indian lands. The bill specifically defines "Indian land" as land within reservations, pueblos, rancherias, or land held in trust by the U.S. for tribes or individuals. This means existing, often more stringent, regulations for geothermal activities on these lands remain firmly in place. So, while the rules are loosening elsewhere, the protections for tribal lands and resources are maintained, avoiding a potential conflict there. It's a reminder that not all land is treated equally under the law, especially when it comes to resource extraction.

The Bottom Line for Your Backyard

Ultimately, the HEATS Act is a push to accelerate geothermal energy development by easing federal regulatory burdens. It aims to get more clean energy online faster, which sounds great. But it does so by reducing federal environmental oversight, which could be a concern if you're worried about the impact on local ecosystems or endangered species. It's a classic balancing act: energy production versus environmental protection. The real-world impact will depend on how rigorously states enforce their own permits and how well federal oversight of royalties can catch any corners being cut on the ground.