Committing Leases for Energy Access Now Act

Floor Speech

Date: Nov. 19, 2024
Location: Washington, DC

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Mr. WESTERMAN. 1449.

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Mr. WESTERMAN. Mr. Chair, I yield myself such time as I may consume.

Mr. Chair, I rise today in support of H.R. 1449, the Committing Leases for Energy Access Now Act, or the CLEAN Act.

First, I thank my friend and colleague Representative Russ Fulcher for being a leader on geothermal energy and for his dedication to this issue.

Geothermal energy is poised to be an important part of America's energy portfolio. Some predictions indicate that geothermal energy can provide up to 90 gigawatts of electricity by 2050. These are great metrics and goals to strive for, but we will never reach this goal if we keep the status quo for permitting and leasing geothermal energy.

Current law requires multiple layers of environmental review for geothermal projects, which leads to higher costs and longer development timelines compared to our power production efforts.

H.R. 1449, the CLEAN Act, would streamline the Federal leasing and permitting process for geothermal energy and spur the development of this renewable energy source in the United States.

California is a prime example of a Western State with huge geothermal potential, but a lease sale has not been held by the DOI in that State since 2016.

H.R. 1449 would fix lapses like this by requiring the Secretary of the Interior to hold annual geothermal lease sales rather than once every 2 years. It will also force the Secretary to hold a replacement lease sale if one is missed.

In addition, this bill requires the Secretary of the Interior to notify an applicant whether or not its geothermal drilling permit application is complete within 30 days of receiving the application. If Interior determines that the application is complete, then it must issue a final decision on the applications within 30 days.

Some may argue that these deadlines are too fast and don't allow adequate time for the bureaucracy to complete reviews under the National Environmental Policy Act and other environmental laws, but this simply is not the case.

The bill itself does not waive the agency's responsibilities under current environmental laws. We all know from experience that agencies will not issue permits until they meet the necessary legal requirements.

The potential for geothermal energy in this country cannot be understated. There are myriad hot spots in the West that are prime for developing this kind of energy. We must do all we can to ensure that bureaucratic red tape does not hamper this resource moving forward.

Mr. Chair, I urge my colleagues to vote in favor of this bill, and I reserve the balance of my time.

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Mr. WESTERMAN. Mr. Chairman, I yield 5 minutes to the gentleman from Idaho (Mr. Fulcher), who is the author of the bill.

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Mr. WESTERMAN. Mr. Chair, I yield myself the balance of my time.

Mr. Chairman, in closing, I again urge my colleagues to vote in support of H.R. 1449.

As has been said, geothermal energy in the U.S. has potential to generate 90 gigawatts of power. To put that in perspective, that would be like 150 to 200 large power-producing plants.

It is energy, electricity, coming from non-carbon-emitting sources and from a renewable resource.

This should be a no-brainer for both sides of the aisle as we face challenges with as much as an increased rate of three times per year more electricity demand than what we have seen in the past. We know we need energy from anywhere we can get it in greater volumes than we have had before.

Just this last week, we passed a bill that would streamline the permitting process for geothermal plants on State and private lands. This bill is another commonsense solution that will help bring our lagging geothermal industry online.

It is time we build more geothermal plants to reach our full geothermal potential in this country and unleash America's energy resources for our citizens and allies around the world.

It is imperative that we increase the rate of leasing geothermal plants so that American citizens can enjoy the low-cost, reliable, and renewable energy that comes from these plants.

Again, Mr. Chair, I urge my colleagues to join me in support of H.R. 1449, and I yield back the balance of my time.

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Mr. WESTERMAN. Mr. Chair, I rise in opposition to the amendment.

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Mr. WESTERMAN. Mr. Chairman, it is good to see my colleague, Mr. Grijalva, here in the Chamber today. Although it is good to see him presenting his amendment, I oppose the amendment.

This amendment attempts to mirror the language in the Mineral Leasing Act for oil and gas production on Federal lands, but, unfortunately, there are some key differences. If my colleagues look at it in its whole, the amendment would make it more difficult to lease geothermal resources than to lease oil and gas.

In fact, this amendment would triple the timeline for an agency to respond to a project applicant on whether their geothermal drilling permit application is complete or deficient.

This is not a timeline for permit approval. It is a timeline for simply letting someone know if they submitted a complete application.

Under current law, the BLM is already required to provide similar affirmation on oil and gas permit applications within 10 days. This amendment would create a timeline for geothermal permit applicants nine times longer than those BLM is already held to for oil and gas.

The amendment also states that the NEPA review must be complete before final permit approval. This language is unnecessary. The bill does nothing to waive NEPA requirements.

Additionally, the amendment would create a new option for the BLM to deny geothermal permits, effectively pulling the rug out from under energy projects at the last step in the permitting process.

Mr. Chairman, for these reasons, I oppose the amendment, and I reserve the balance of my time.

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Mr. WESTERMAN. Mr. Chair, again, the bill does nothing to waive NEPA requirements. It just simply speeds up the timeline.

It shouldn't take an agency 90 days to notify an applicant if an application is complete or not. We need more of this clean, renewable energy. To get more of it, we need to get a permitting process that works.

Unfortunately, this amendment would slow down the process even more. That is why I am opposed to the amendment. I encourage others to vote against it, and I yield back the balance of my time.

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Mr. WESTERMAN. Mr. Chair, I rise in opposition to the amendment.

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Mr. WESTERMAN. Mr. Chairman, I oppose this amendment. It would gut the bill by conditioning enactment on a determination by the Secretary of the Interior that the Bureau of Land Management and other relevant Federal permitting agencies have received adequate funding to resolve permitting staff shortages.

If Members felt the urge to laugh when I stated that, they are probably not too far off because this amendment doesn't really pass the laugh test.

I have never heard of a Federal agency admitting to having enough funding or enough staff, and this amendment simply is a poison pill because the action it is conditioned on simply will never happen.

The issue is not DOI staff capacity but burdensome permitting processes that take years, produce duplicative reviews, and consume thousands of hours for regulators and project proponents alike.

Actually, we passed a bill just last week that will help resolve any issue that may be there. H.R. 7409 would decrease the administrative load on staff and field offices by not requiring a Federal permit for geothermal energy produced on State and private lands. That bill would rapidly streamline the approval process by relying on the States' permitting procedures rather than the duplicative Federal process.

My friends on the other side of the aisle had a chance last week to free agency staffers from their redundant work, but many opposed the bill.

Let's not forget that last Congress, as the gentleman from Arizona (Mr. Grijalva) stated, the Democrats rammed through a reconciliation package with a billion dollars for permitting. DOI had $150 million, and from that bill, it was to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental reviews, the development of environmental data or information systems, stakeholder and community engagement.

In fact, the Department has grown by 4,000 full-time equivalents from fiscal year 2020 to fiscal year 2023.

More funding and bureaucrats aren't what is needed now. What is needed is for DOI to recognize energy permitting as a priority and create a plan for meeting the required timelines.

We must continue working here to pass more permitting reform measures to help alleviate the permitting burden on important energy projects. These measures will also reduce the redundant permitting tasks performed by the Federal workforce.

H.R. 1449 will hold the Department's feet to the fire by forcing them to act on geothermal leasing and permitting in a timely manner. For those reasons, I oppose the amendment, and I reserve the balance of my time.

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Mr. WESTERMAN. Mr. Chair, I think we have to ask ourselves, do we want environmental growth in this country to be based on growing the bureaucracy and spending more money on permits, or do we actually want to make things? Do we want to produce energy? Do we want to use the resources that we have?

Geothermal operators are often required to complete six separate NEPA reviews to get a Federal permit: one for exploration, another if there is a subsurface anomaly, a third for drilling a slim confirmation hole, a fourth to develop the well field, a fifth for the power plant itself, and a sixth if the project is speculative exploration on lands not previously leased.

The status quo is a duplicative and wasteful process and prevents the United States from developing this very clean energy source. Performing NEPA six times does not provide six times the environmental benefit, rather less duplicative NEPA reviews will actually increase the rate at which these clean energy resources come online.

This bill is an attempt to put more clean energy resources on the grid at a faster pace. This amendment would undermine that goal. I oppose it, and I urge my colleagues to oppose it.

Mr. Chair, I yield back the balance of my time.

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Mr. WESTERMAN. Mr. Chair, I move that the Committee do now rise.

The motion was agreed to.

Accordingly, the Committee rose; and the Speaker pro tempore (Mr. Westerman) having assumed the chair, Mr. LaLota, Chair of the Committee of the Whole House on the state of the Union, reported that that Committee, having had under consideration the bill (H.R. 1449) to amend the Geothermal Steam Act of 1970 to increase the frequency of lease sales, to require replacement sales, and for other purposes, had come to no resolution thereon.

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