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Jurisdictional review Definition of geothermal resource The Geothermal Steam Act of 197044 defines geothermal resources as: “(i) all products of geothermal processes, embracing indigenous steam, hot water and hot brines; (ii) steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; (iii) heat or other associated energy found in geothermal formations; and (iv) any byproduct derived from them. “(d) “byproduct” means any mineral or minerals (exclusive of oil, hydrocarbon gas, and helium) which are found in solution or in association with geothermal steam and which have a value of less than 75 per centum of the value of the geothermal steam or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves.” Resource ownership, rights issuance and tenure In an effort to identify and prioritize opportunities for geothermal development on federal land, Bureau of Land Management (BLM) and the U.S. Forest Service completed a programmatic Environmental Impact Statement (PEIS) in 2008. This top-down approach to identifying land for lease sales was completed as part of the implementation of the National Environmental Policy Act of 1969, and the National Energy Policy Act of 2005. The PEIS was a collaborative effort between public, tribal governments, universities and research institutions, stakeholder organizations, and industry.45 The Statement covered 12 western states46 and over 142 million acres of BLM land. The PEIS evaluated land allocation, procedures and best management practices for development. The recommendations from the PEIS were proposed as amendments to existing land use plans (also known as resource management plans). The PEIS can provide a template for project-level environmental reviews and may be adequate for project-level cumulative effects assessment.47 However, the PEIS may be challenged in court within 6 years of adoption, and if this occurs, any project-level environmental assessment that relies on the PEIS will be undermined.48 The PEIS did not cover induced seismicity or impact of fluids on water quality, which must be addressed at a project level. Permits and leases for geothermal energy exploration or development 44 Government of the United States, Geothermal Steam Act, Public Law 91-581, 84 Stat. 1566, 30 U.S.C. 1001- 1025. 45 U.S. Bureau of Land Management, Programmatic Environmental Impact Statement- Geothermal. 46 States included Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. 47 Kermit Witherbee, “Geothermal Leasing and Operations on BLM Managed Lands” (presented during Geothermal Legal and Regulatory Challenges Webinar by EUCI, September 20, 2010). 48 Ibid. The Pembina Institute 21 Building a regulatory framework for geothermal development in the NWTPDF Image | geothermal energy development in the NWT
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