H.R. 5587 — Harnessing Energy At Thermal Sources Act of 2026
Executive Summary
H.R. 5587, the 'HEATS Act,' aims to expedite geothermal energy development on non-federal surface lands where the federal government owns a minority share (less than 50 percent) of the subsurface mineral estate. Currently, these 'split-estate' projects trigger burdensome federal permitting requirements, including NEPA, ESA, and NHPA reviews, even when state permits are already secured. By waiving federal drilling permit requirements and deferring to state regulations in these specific scenarios, the bill seeks to remove duplicative red tape and accelerate domestic energy production.
Arguments For
- Economic & Energy Growth: Accelerates domestic clean energy (geothermal) production by removing duplicative federal reviews on state-regulated lands, lowering barriers to entry for developers.
- States' Rights & Efficiency: Respects state-level regulatory frameworks and private property rights on split-estates where the federal interest is a minority, eliminating redundant bureaucratic hurdles.
Likely Supporters
Arguments Against
- Environmental & Oversight Risks: Dissenting members argue the bill creates an 'extreme waiver' of bedrock environmental laws (NEPA, ESA, NHPA), stripping the BLM of its ability to ensure safe development.
- Taxpayer Liability: Opponents contend that removing federal oversight could endanger split-estate landowners and potentially leave federal taxpayers liable for state-level regulatory failures or environmental cleanups.
Likely Opponents
📋 Key Provisions
- Waives the requirement for a Federal drilling permit for geothermal exploration and production on non-Federal surface estates if the U.S. owns less than 50 percent of the subsurface estate and a State permit is submitted.
- Exempts qualifying geothermal activities from being considered a 'major Federal action' under NEPA and waives Section 7 of the Endangered Species Act.
- Allows operations to commence 30 days after the submission of a State permit to the Secretary of the Interior.
- Stipulates that the National Historic Preservation Act only applies if the state lacks its own historic preservation laws.
- Preserves the federal government's right to collect royalties and conduct onsite inspections for accountability and measurement.
- Explicitly excludes Indian lands and resources managed in trust from these regulatory waivers.
Supporting Views on Legislation
H.R. 5587 aims to expedite geothermal energy development on non-federal lands where federal minerals are present. It relieves operators from federal permitting requirements like NEPA, ESA, and NHPA if the federal government owns less than 50 percent of the subsurface estate and the operator secures a state permit.
⚖️ Dissenting views on legislation
Committee on Natural Resources: Dissenting members argue the bill creates an extreme waiver of federal oversight by exempting geothermal projects from NEPA, ESA, and NHPA requirements. They contend this strips the BLM of its ability to ensure safe development, protect the environment, and safeguard split-estate landowners, potentially leaving taxpayers liable for state-level regulatory failures.
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Waives federal drilling permit if U.S. owns less than 50% of the subsurface estate.
"est of less than 50 percent of the subsurface"
Exempts qualifying activities from NEPA review.
"tion for the purposes of section 102(2)(C)"
Preserves federal royalty collection.
"amount of royalties due to the United States"
Excludes Indian lands from the waiver.
"tions on Indian lands or resources managed"