H.R. 398 explained · 119th Congress · Pending in Congress
Geothermal Cost-Recovery Authority Act of 2025
Cosponsors: none · per Congress.gov, 2026-10-08
Introduced: 2025-01-14
Latest action (2026-05-20): Placed on the Union Calendar, Calendar No. 569.
What H.R. 398 does, in plain terms
Geothermal Cost-Recovery Authority Act of 2025 This bill expands the Geothermal Steam Act of 1970 to give the Department of the Interior the authority to collect certain fees from applicants for, or holders of, geothermal leases through September 30, 2032. Specifically, Interior may direct those applicants or leaseholders to reimburse the United States for costs from (1) processing applications for geothermal leases on federal land, such as applications for geothermal drilling permits; and (2) inspecting and monitoring geothermal exploration and development activities, including reclamation activities. Interior may reduce the amount of the fee if it determines that (1) the full reimbursement would impose an economic hardship on the applicant, or (2) a less than full reimbursement is necessary to promote the greatest use of geothermal resources. Interior may use those fees only to the extent that they are provided in advance in appropriations acts for (1) processing applications for geothermal leases, and (2) inspecting and monitoring related exploration and development activities. Within five years of the bill's enactment, Interior must submit to Congress a report that includes an assessment of how the fees affect Interior's geothermal leasing program and any recommendations for updates to the fees and the program.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
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The Framers
“Founders’ Verdict”
Confidence 1.00
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
Unanimous approval: Congress holds authority to recover costs for geothermal development on federal lands under powers to dispose of federal property, regulate interstate commerce, and necessary and proper means.
The Geothermal Cost-Recovery Authority Act of 2025 empowers the federal government to recover costs associated with geothermal energy development, an economic activity implicating federal lands and interstate commerce. Congress holds express authority to dispose of and regulate property belonging to the United States, including natural resources like geothermal reserves on federal territories, and to regulate commerce among the states, which encompasses energy production and distribution. Such cost-recovery mechanisms are incidental to these powers, akin to fees or duties necessary for effecti…
The authority to recover costs associated with geothermal development on federal lands falls within Congress's enumerated power to dispose of and make needful rules respecting the territory or other property belonging to the United States. Such cost recovery constitutes a needful regulation for the management of federal property, including its natural resources, without encroaching upon powers reserved to the States or the people. This does not impair private property rights, as it pertains solely to federal domains and fair recoupment of administrative expenses, consistent with due process.
The Geothermal Cost-Recovery Authority Act pertains to the regulation and disposition of geothermal resources, which are property belonging to the United States, particularly on federal lands. Congress possesses the enumerated power to make all needful rules respecting such property, enabling cost-recovery mechanisms to promote orderly development without encroaching upon unenumerated domains. This authority aligns with facilitating commerce among the states, as energy production from geothermal sources contributes to interstate economic intercourse, consistent with the careful balance of limi…
The Congress possesses ample authority under the Constitution to enact legislation concerning the development and regulation of geothermal resources, particularly as such activities implicate the regulation of commerce among the several States and the disposition of federal property. The power to regulate commerce extends to subjects of national concern like energy production, which affects intercourse between States. Moreover, the necessary and proper clause empowers Congress to establish authorities for cost recovery incidental to executing these enumerated powers, as a means reasonably rela…
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