Analyst Brief June 01, 2026

H.R. 5631 β€” Geothermal Energy Advancement Act, as amended

Executive Summary

H.R. 5631, the Geothermal Energy Advancement Act, aims to accelerate geothermal energy development on federal lands by streamlining the permitting process and insulating applications from pending civil litigation. The bill establishes a Geothermal Ombudsman and Permitting Task Force within the Bureau of Land Management (BLM) to resolve disputes and expedite reviews, allows the Department of the Interior to recover administrative costs from applicants, and extends existing NEPA categorical exclusions for oil and gas to geothermal exploration. This legislation represents a bipartisan push to achieve regulatory parity between geothermal and traditional fossil fuel permitting while addressing administrative bottlenecks at the BLM.

Arguments For

  • Economic & Energy Security: Accelerates the deployment of firm, baseload renewable energy by removing bureaucratic bottlenecks and treating geothermal on par with oil and gas.
  • Administrative Efficiency: The creation of a dedicated Ombudsman and Task Force, coupled with cost-recovery mechanisms, provides the BLM with the resources and structure needed to clear permitting backlogs.
  • Litigation Shield: Protects developers from bad-faith or dilatory lawsuits by mandating that agencies continue processing permits unless a court explicitly issues an injunction.

Likely Supporters

Geothermal RisingClearPath ActionChamber of CommerceAmerican Petroleum Institute (API)

Arguments Against

  • Environmental Concerns: Expanding Section 390 categorical exclusions to geothermal projects bypasses rigorous NEPA reviews, potentially threatening sensitive public lands and wildlife.
  • Cost Burden on Developers: The new cost-recovery provisions could impose significant financial burdens on smaller geothermal developers, despite the hardship exemption.
  • Bureaucratic Bloat: Creating a new Ombudsman and Task Force within BLM may create redundant bureaucratic layers rather than actually speeding up the process.

Likely Opponents

Center for Biological DiversityEarthjusticeSierra Club

πŸ“‹ Key Provisions

  • Mandates the processing of geothermal applications within 60 days of completing NEPA and ESA requirements, regardless of pending civil actions, unless a federal court explicitly issues an injunction.
  • Authorizes the Secretary of the Interior to collect cost recovery fees from geothermal lease applicants to fund processing, inspecting, and monitoring through September 30, 2033.
  • Requires the publication of an updated 'Gold Book' specifically tailored for geothermal operations on federal lands within 270 days of identifying standard procedures.
  • Establishes a Geothermal Ombudsman and Permitting Task Force within the BLM to facilitate cross-office personnel assignments, dispute resolution, and permit tracking.
  • Authorizes retention allowances of up to 25 percent of basic pay for BLM personnel assigned to assist with geothermal authorizations.
  • Amends the Energy Policy Act of 2005 to apply oil and gas NEPA categorical exclusions to geothermal exploration and development.
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Claim Analysis Page 2, Line 21

Requires processing of applications within 60 days of completing NEPA/ESA requirements.

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"not later than 60 days after completing"

Claim Analysis Page 14, Line 5

Authorizes retention allowances up to 25 percent of basic pay for assigned personnel.

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"ployee, and may not exceed 25 percent"

Claim Analysis Page 17, Line 20

Extends NEPA categorical exclusions to geothermal resources.

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"and inserting β€œ, gas, or geothermal”; and"