Geothermal Steam and Associated Geothermal Resources

Geothermal Steam and Associated Geothermal Resources.doc

Transfer of Interest in a Lease for Oil and Gas or Geothermal Resources

Geothermal Steam and Associated Geothermal Resources

OMB: 1004-0034

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[Laws in effect as of January 3, 2007]

[CITE: 30USC1001]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1001. Definitions

As used in this chapter, the term--

(a) ``Secretary'' means the Secretary of the Interior;

(b) ``geothermal lease'' means a lease issued under authority of

this chapter;

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;

(e) ``known geothermal resources area'' means an area in which

the geology, nearby discoveries, competitive interests, or other

indicia would, in the opinion of the Secretary, engender a belief in

men who are experienced in the subject matter that the prospects for

extraction of geothermal steam or associated geothermal resources

are good enough to warrant expenditures of money for that purpose.

(f) ``Significant \1\ thermal features within units of the

National Park System'' shall include, but not be limited to, the

following:

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\1\ So in original. Probably should not be capitalized.

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(1) Thermal features within units of the National Park

System listed in Section \1\ 1026(a)(1) of this title and

designated as significant in the Federal Register notice of

August 3, 1987 (Vol. 52, No. 148 Fed. Reg. 28790).

(2) Crater Lake National Park.

(3) Thermal features within Big Bend National Park and Lake

Mead National Recreation Area proposed as significant in the

Federal Register notice of February 13, 1987 (Vol. 52, No. 30

Fed. Reg. 4700).

(4) Thermal features within units of the National Park

System added to the significant thermal features list pursuant

to section 1026(a)(2) of this title.

(g) ``direct use'' means utilization of geothermal resources for

commercial, residential, agricultural, public facilities, or other

energy needs other than the commercial production of electricity;

and \2\

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\2\ So in original. Probably should end with a period instead of ``;

and''.

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(Pub. L. 91-581, Sec. 2, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 100-443,

Sec. 2(a), Sept. 22, 1988, 102 Stat. 1766; Pub. L. 109-58, title II,

Sec. 236(1), (2), (5), Aug. 8, 2005, 119 Stat. 671.)

Amendments

2005--Pub. L. 109-58, Sec. 236(5), inserted section catchline.

Par. (c). Pub. L. 109-58, Sec. 236(1), substituted ``geothermal

resources'' for ``geothermal steam and associated geothermal

resources''.

Par. (g). Pub. L. 109-58, Sec. 236(2), added par. (g).

1988--Par. (f). Pub. L. 100-443 added par. (f).

Short Title of 2005 Amendment

Pub. L. 109-58, title II, Sec. 221, Aug. 8, 2005, 119 Stat. 660,

provided that: ``This subtitle [subtitle B (Secs. 221-237) of title II

of Pub. L. 109-58, enacting part B (Sec. 15871 et seq.) of subchapter II

of chapter 149 of Title 42, The Public Health and Welfare, amending this

section and sections 530 and 1002 to 1027 of this title, enacting

provisions set out as notes under section 1004 of this title, and

amending provisions set out as a note under this section] may be cited

as the `John Rishel Geothermal Steam Act Amendments of 2005'.''

Short Title of 1988 Amendment

Section 1 of Pub. L. 100-443 provided that: ``This Act [enacting

sections 1026 and 1027 of this title, amending this section and sections

191, 226-3, 1005, 1017, and 1019 of this title, and enacting provisions

set out as notes under sections 1005 and 1026 of this title] may be

known as the `Geothermal Steam Act Amendments of 1988'.''

Short Title

Pub. L. 91-581, Sec. 1, Dec. 24, 1970, 84 Stat. 1566, as amended by

Pub. L. 109-58, title II, Sec. 236(4), Aug. 8, 2005, 119 Stat. 671,

provided that: ``This Act [enacting this chapter and amending section

530 of this title] may be cited as the `Geothermal Steam Act of 1970'.''

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2007]

[CITE: 30USC1002]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1002. Lands subject to geothermal leasing

Subject to the provisions of section 1014 of this title, the

Secretary of the Interior may issue leases for the development and

utilization of geothermal resources (1) in lands administered by him,

including public, withdrawn, and acquired lands, (2) in any national

forest or other lands administered by the Department of Agriculture

through the Forest Service, including public, withdrawn, and acquired

lands, and (3) in lands which have been conveyed by the United States

subject to a reservation to the United States of the geothermal

resources therein.

(Pub. L. 91-581, Sec. 3, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 109-58,

title II, Sec. 236(1), (6), Aug. 8, 2005, 119 Stat. 671, 672.)

Amendments

2005--Pub. L. 109-58 inserted section catchline and substituted

``geothermal resources'' for ``geothermal steam and associated

geothermal resources'' in two places in text.

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2007]

[CITE: 30USC1003]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1003. Leasing procedures

(a) Nominations

The Secretary shall accept nominations of land to be leased at any

time from qualified companies and individuals under this chapter.

(b) Competitive lease sale required

(1) In general

Except as otherwise specifically provided by this chapter, all

land to be leased that is not subject to leasing under subsection

to the highest responsible qualified bidder, as determined by the

Secretary.

(2) Competitive lease sales

The Secretary shall hold a competitive lease sale at least once

every 2 years for land in a State that has nominations pending under

subsection (a) of this section if the land is otherwise available

for leasing.

(3) Lands subject to mining claims

Lands that are subject to a mining claim for which a plan of

operations has been approved by the relevant Federal land management

agency may be available for noncompetitive leasing under this

section to the mining claim holder.

The Secretary shall make available for a period of 2 years for

noncompetitive leasing any tract for which a competitive lease sale is

held, but for which the Secretary does not receive any bids in a

competitive lease sale.

(d) Pending lease applications

(1) In general

It shall be a priority for the Secretary, and for the Secretary

of Agriculture with respect to National Forest Systems land, to

ensure timely completion of administrative actions, including

amendments to applicable forest plans and resource management plans,

necessary to process applications for geothermal leasing pending on

August 8, 2005.\1\ All future forest plans and resource management

plans for areas with high geothermal resource potential shall

consider geothermal leasing and development.

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\1\ See Codification note below.

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(2) Administration

An application described in paragraph (1) and any lease issued

pursuant to the application--

(A) except as provided in subparagraph (B), shall be subject

to this section as in effect on the day before August 8, 2005;

(B) at the election of the applicant, shall be subject to

this section as in effect on August 8, 2005.

(e) Leases sold as a block

If information is available to the Secretary indicating a geothermal

resource that could be produced as 1 unit can reasonably be expected to

underlie more than 1 parcel to be offered in a competitive lease sale,

the parcels for such a resource may be offered for bidding as a block in

the competitive lease sale.

(f) Leasing for direct use of geothermal resources

Notwithstanding subsection (b) of this section, the Secretary may

identify areas in which the land to be leased under this chapter

exclusively for direct use of geothermal resources, without sale for

purposes other than commercial generation of electricity, may be leased

to any qualified applicant that first applies for such a lease under

regulations issued by the Secretary, if the Secretary--

(1) publishes a notice of the land proposed for leasing not

later than 90 days before the date of the issuance of the lease;

(2) does not receive during the 90-day period beginning on the

date of the publication any nomination to include the land concerned

in the next competitive lease sale; and

(3) determines there is no competitive interest in the

geothermal resources in the land to be leased.

(g) Area subject to lease for direct use

(1) In general

Subject to paragraph (2), a geothermal lease for the direct use

of geothermal resources shall cover not more than the quantity of

acreage determined by the Secretary to be reasonably necessary for

the proposed use.

(2) Limitations

The quantity of acreage covered by the lease shall not exceed

the limitations established under section 1006 of this title.

(Pub. L. 91-581, Sec. 4, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 109-58,

title II, Secs. 222, 223(b), Aug. 8, 2005, 119 Stat. 660, 662.)

Codification

August 8, 2005, referred to in subsec. (d)(1), was in the original

``the date of enactment of this subsection'' which was translated as

meaning the date of enactment of Pub. L. 109-58, which amended this

section generally, to reflect the probable intent of Congress.

Amendments

2005--Pub. L. 109-58, Sec. 222, inserted section catchline and

amended text generally. Prior to amendment, text related to competitive

bidding requirements, conversion of prior leases to geothermal leases,

conflicting land interests, conversion of prior applications, acreage

limitation, regulations, and time for payment.

Subsecs. (f), (g). Pub. L. 109-58, Sec. 223(b), added subsecs. (f)

and (g).

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2007]

[CITE: 30USC1004]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1004. Rents and royalties

(a) In general

Geothermal leases shall provide for--

(1) a royalty on electricity produced using geothermal

resources, other than direct use of geothermal resources, that shall

be--

(A) not less than 1 percent and not more than 2.5 percent of

the gross proceeds from the sale of electricity produced from

such resources during the first 10 years of production under the

lease; and

(B) not less than 2 and not more than 5 percent of the gross

proceeds from the sale of electricity produced from such

resources during each year after such 10-year period;

(2) a royalty on any byproduct that is a mineral specified in

the first section of the Mineral Leasing Act (30 U.S.C. 181), and

that is derived from production under the lease, at the rate of the

royalty that applies under that Act [30 U.S.C. 181 et seq.] to

production of the mineral under a lease under that Act; and

(3) payment in advance of an annual rental of not less than--

(A) for each of the 1st through 10th years of the lease--

(i) in the case of a lease awarded in a noncompetitive

lease sale, $1 per acre or fraction thereof; or

(ii) in the case of a lease awarded in a competitive

lease sale, $2 per acre or fraction thereof for the 1st year

and $3 per acre or fraction thereof for each of the 2nd

through 10th years; and

(B) for each year after the 10th year of the lease, $5 per

acre or fraction thereof; \1\

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\1\ So in original. The semicolon probably should be a period.

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(b) Direct use

(1) In general

Notwithstanding subsection (a)(1) of this section, the Secretary

shall establish a schedule of fees, in lieu of royalties for

geothermal resources, that a lessee or its affiliate--

(A) uses for a purpose other than the commercial generation

of electricity; and

(B) does not sell.

(2) Schedule of fees

The schedule of fees--

(A) may be based on the quantity or thermal content, or

both, of geothermal resources used;

(B) shall ensure a fair return to the United States for use

of the resource; and

(3) State, tribal, or local governments

If a State, tribal, or local government is the lessee and uses

geothermal resources without sale and for public purposes other than

commercial generation of electricity, the Secretary shall charge

only a nominal fee for use of the resource.

(4) Final regulation

In issuing any final regulation establishing a schedule of fees

under this subsection, the Secretary shall seek--

(A) to provide lessees with a simplified administrative

system;

(B) to facilitate development of direct use of geothermal

resources; and

opportunities in the area.

In issuing any final regulation establishing royalty rates under

this section, the Secretary shall seek--

(1) to provide lessees a simplified administrative system;

(2) to encourage new development; and

(3) to achieve the same level of royalty revenues over a 10-year

period as the regulation in effect on August 8, 2005.

(d) Credits for in-kind payments of electricity

The Secretary may provide to a lessee a credit against royalties

owed under this chapter, in an amount equal to the value of electricity

provided under contract to a State or county government that is entitled

to a portion of such royalties under section 1019 of this title, section

35 of the Mineral Leasing Act (30 U.S.C. 191), except as otherwise

provided by this section, or section 355 of this title, if--

(1) the Secretary has approved in advance the contract between

the lessee and the State or county government for such in-kind

payments;

(2) the contract establishes a specific methodology to determine

the value of such credits; and

(3) the maximum credit will be equal to the royalty value owed

to the State or county that is a party to the contract and the

electricity received will serve as the royalty payment from the

Federal Government to that entity.

(e) Crediting of rental toward royalty

Any annual rental under this section that is paid with respect to a

lease before the first day of the year for which the annual rental is

owed shall be credited to the amount of royalty that is required to be

paid under the lease for that year.

(f) Advanced royalties required for cessation of production

(1) In general

Subject to paragraphs (2) and (3), if, at any time after

commercial production under a lease is achieved, production ceases

for any reason, the lease shall remain in full force and effect for

a period of not more than an aggregate number of 10 years beginning

on the date production ceases, if, during the period in which

production is ceased, the lessee pays royalties in advance at the

monthly average rate at which the royalty was paid during the period

of production.

(2) Reduction

The amount of any production royalty paid for any year shall be

reduced (but not below 0) by the amount of any advanced royalties

paid under the lease to the extent that the advance royalties have

not been used to reduce production royalties for a prior year.

(3) Exceptions

Paragraph (1) shall not apply if the cessation in production is

required or otherwise caused by--

(A) the Secretary;

(B) the Secretary of the Air Force;

(D) the Secretary of the Navy;

(E) a State or a political subdivision of a State; or

(F) a force majeure.

(g) Termination of lease for failure to pay rental

(1) In general

The Secretary shall terminate any lease with respect to which

rental is not paid in accordance with this chapter and the terms of

the lease under which the rental is required, on the expiration of

the 45-day period beginning on the date of the failure to pay the

rental.

(2) Notification

The Secretary shall promptly notify a lessee that has not paid

rental required under the lease that the lease will be terminated at

the end of the period referred to in paragraph (1).

(3) Reinstatement

A lease that would otherwise terminate under paragraph (1) shall

not terminate under that paragraph if the lessee pays to the

Secretary, before the end of the period referred to in paragraph

(1), the amount of rental due plus a late fee equal to 10 percent of

the amount.

(Pub. L. 91-581, Sec. 5, Dec. 24, 1970, 84 Stat. 1567; Pub. L. 109-58,

title II, Secs. 223(a), 224(a), 228, 230, 232, 233, 236(7), Aug. 8,

2005, 119 Stat. 661, 662, 667-670, 672.)

References in Text

The Mineral Leasing Act, referred to in subsec. (a)(2), is act Feb.

25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified

generally to chapter 3A (Sec. 181 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set out

under section 181 of this title and Tables.

Amendments

2005--Pub. L. 109-58, Secs. 223(a)(1)-(3), 224(a)(1), 228, 230(1)-

(3), 233(a), 236(7), inserted section catchline, designated existing

provisions as subsec. (a) and inserted heading, redesignated subpars.

(1) and (2) of par. (c) as subpars. (A) and (B), respectively,

redesignated pars. (a) to (d) as pars. (1) to (4), respectively, of

subsec. (a), added new pars. (1) to (3) of subsec. (a) and struck out

former pars. (1) to (4) of subsec. (a) which related to royalties for

amount or value of steam or other form of heat energy, royalty for value

of byproducts, payment of annual rental, and royalties in lieu of

rentals.

Subsec. (b). Pub. L. 109-58, Sec. 223(a)(4), added subsec. (b).

Subsecs. (c), (d). Pub. L. 109-58, Sec. 224(a)(2), added subsecs.

Subsec. (e). Pub. L. 109-58, Sec. 230(4), added subsec. (e).

Subsec. (f). Pub. L. 109-58, Sec. 232, added subsec. (f).

Subsec. (g). Pub. L. 109-58, Sec. 233(b), added subsec. (g).

Effective Date of 2005 Amendment

Pub. L. 109-58, title II, Sec. 223(c), Aug. 8, 2005, 119 Stat. 662,

provided that: ``The schedule of fees established under the amendment

made by subsection (a)(4) [amending this section] shall apply with

respect to payments under a lease converted under this subsection that

are due and owing, and have been paid, on or after July 16, 2003. This

subsection shall not require the refund of royalties paid to a State

under section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019)

prior to the date of enactment of this Act [Aug. 8, 2005].''

Incentives and Royalties for Existing Leases

Pub. L. 109-58, title II, Sec. 224(c)-(e), Aug. 8, 2005, 119 Stat.

663, 664, provided that:

``(c) Near-Term Production Incentive for Existing Leases.--

``(1) In general.--Notwithstanding section 5(a) of the

Geothermal Steam Act of 1970 [30 U.S.C. 1004(a)], the royalty

required to be paid shall be 50 percent of the amount of the royalty

otherwise required, on any lease issued before the date of enactment

of this Act [Aug. 8, 2005] that does not convert to new royalty

terms under subsection (e)--

``(A) with respect to commercial production of energy from a

facility that begins such production in the 6-year period

beginning on the date of enactment of this Act; or

``(B) on qualified expansion geothermal energy.

``(2) 4-year application.--Paragraph (1) applies only to new

commercial production of energy from a facility in the first 4 years

of such production.

``(d) Definition of Qualified Expansion Geothermal Energy.--In this

section [amending this section and section 1019 of this title and

enacting provisions set out as a note under this section], the term

`qualified expansion geothermal energy' means geothermal energy produced

from a generation facility for which--

``(1) the production is increased by more than 10 percent as a

result of expansion of the facility carried out in the 6-year period

beginning on the date of enactment of this Act [Aug. 8, 2005]; and

``(2) such production increase is greater than 10 percent of the

average production by the facility during the 5-year period

preceding the expansion of the facility (as such average is adjusted

to reflect any trend in changes in production during that period).

``(e) Royalty Under Existing Leases.--

``(1) In general.--Any lessee under a lease issued under the

Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) before the

date of enactment of this Act [Aug. 8, 2005] may, within the time

period specified in paragraph (2), submit to the Secretary of the

Interior a request to modify the terms of the lease relating to

payment of royalties to provide--

``(A) in the case of a lease that meets the requirements of

subsection (b) of section 5 of the Geothermal Steam Act of 1970

(30 U.S.C. 1004) (as amended by section 223), that royalties be

based on the schedule of fees established under that section;

and

``(B) in the case of any other lease, that royalties be

computed on a percentage of the gross proceeds from the sale of

electricity, at a royalty rate that is expected to yield total

royalty payments equivalent to payments that would have been

received for comparable production under the royalty rate in

effect for the lease before the date of enactment of this

subsection.

``(2) Timing.--A request for a modification under paragraph (1)

shall be submitted to the Secretary of the Interior by the date that

is not later than--

``(A) in the case of a lease for direct use, 18 months after

the effective date of the schedule of fees established by the

Secretary of the Interior under section 5 of the Geothermal

Steam Act of 1970 (30 U.S.C. 1004); or

``(B) in the case of any other lease, 18 months after the

effective date of the final regulation issued under subsection

(a) [amending this section].

``(3) Application of modification.--If the lessee requests

modification of a lease under paragraph (1)--

``(A) the Secretary of the Interior shall, within 180 days

after the receipt of the request for modification, modify the

lease to comply with--

``(i) in the case of a lease for direct use, the

schedule of fees established by the Secretary under section

5 of the Geothermal Steam Act of 1970 (30 U.S.C. 1004); or

``(ii) in the case of any other lease, the royalty for

the lease established under paragraph (1)(B); and

``(B) the modification shall apply to any use of geothermal

resources to which subsection (a) [amending this section]

applies that occurs after the date of the modification.

``(4) Consultation.--The Secretary of the Interior shall consult

with the State and local governments affected by any proposed

changes in lease royalty terms under this subsection.''

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2007]

[CITE: 30USC1005]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1005. Lease term and work commitment requirements

(a) In general

(1) Primary term

A geothermal lease shall be for a primary term of 10 years.

(2) Initial extension

The Secretary shall extend the primary term of a geothermal

lease for 5 years if, for each year after the 10th year of the

lease--

(A) the Secretary determined under subsection (b) of this

section that the lessee satisfied the work commitment

requirements that applied to the lease for that year; or

(B) the lessee paid in annual payments accordance with

subsection (c) of this section.

(3) Additional extension

The Secretary shall extend the primary term of a geothermal

lease (after an initial extension under paragraph (2)) for an

additional 5 years if, for each year of the initial extension under

paragraph (2), the Secretary determined under subsection (b) of this

section that the lessee satisfied the minimum work requirements that

applied to the lease for that year.

(b) Requirement to satisfy annual minimum work requirement

(1) In general

The lessee for a geothermal lease shall, for each year after the

10th year of the lease, satisfy minimum work requirements prescribed

by the Secretary that apply to the lease for that year.

(2) Prescription of minimum work requirements

The Secretary shall issue regulations prescribing minimum work

requirements for geothermal leases, that--

(A) establish a geothermal potential; and

(B) if a geothermal potential has been established, confirm

the existence of producible geothermal resources.

In lieu of the minimum work requirements set forth in subsection

(b)(2) of this section, the Secretary shall by regulation establish

minimum annual payments which may be made by the lessee for a limited

number of years that the Secretary determines will not impair achieving

diligent development of the geothermal resource, but in no event shall

the number of years exceed the duration of the extension period provided

in subsection (a) of this section.

(d) Transition rules for leases issued prior to August 8, 2005

The Secretary shall by regulation establish transition rules for

leases issued before August 8, 2005, including terms under which a lease

that is near the end of its term on August 8, 2005, may be extended for

up to 2 years--

(1) to allow achievement of production under the lease; or

(2) to allow the lease to be included in a producing unit.

(e) Geothermal lease overlying mining claim

(1) Exemption

The lessee for a geothermal lease of an area overlying an area

subject to a mining claim for which a plan of operations has been

approved by the relevant Federal land management agency is exempt

from annual work requirements established under this chapter, if

development of the geothermal resource subject to the lease would

interfere with the mining operations under such claim.

(2) Termination of exemption

An exemption under this paragraph expires upon the termination

of the mining operations.

(f) Termination of application of requirements

Minimum work requirements prescribed under this section shall not

apply to a geothermal lease after the date on which the geothermal

resource is utilized under the lease in commercial quantities.

(g) Cooperative or unit plan for drilling operations; extension of term;

renewal

Any lease for land on which, or for which under an approved

cooperative or unit plan of development or operation, actual drilling

operations were commenced prior to the end of its primary term and are

being diligently prosecuted at that time shall be extended for five

years and so long thereafter, but not more than thirty-five years, as

geothermal steam is produced or utilized in commercial quantities. If,

at the end of such extended term, steam is being produced or utilized in

commercial quantities and the lands are not needed for other purposes,

the lessee shall have a preferential right to a renewal of such lease

for a second term in accordance with such terms and conditions as the

Secretary deems appropriate.

(h) ``Produced or utilized in commercial quantities'' defined

Except as otherwise provided for in this section, for purposes of

this section the term ``produced or utilized in commercial quantities''

means the completion of a well producing geothermal steam in commercial

quantities. Such term shall also include the completion of a well

capable of producing geothermal steam in commercial quantities so long

as the Secretary determines that diligent efforts are being made toward

the utilization of the geothermal steam.

(i) Principles for location of minerals under mining laws when minerals

are not associated with geothermal resources

Minerals locatable under the mining laws of the United States in

lands subject to a geothermal lease issued under the provisions of this

chapter which are not associated with the geothermal resources of such

lands as defined in section 1001(c) of this title shall be locatable

under said mining laws in accordance with the principles of the Multiple

Mineral Development Act (68 Stat. 708; found in 30 U.S.C. 521 et seq.).

(Pub. L. 91-581, Sec. 6, Dec. 24, 1970, 84 Stat. 1568; Pub. L. 100-443,

Secs. 2(b), 3, Sept. 22, 1988, 102 Stat. 1766; Pub. L. 109-58, title II,

Secs. 231, 236(1), Aug. 8, 2005, 119 Stat. 668, 671.)

References in Text

The mining laws of the United States, referred to in subsec. (i),

are classified generally to this title.

The Multiple Mineral Development Act, referred to in subsec. (i), is

act Aug. 13, 1954, ch. 730, 68 Stat. 708, as amended, which is

classified principally to chapter 12 (Sec. 521 et seq.) of this title.

For complete classification of this Act to the Code, see Short Title

note set out under section 521 of this title and Tables.

Codification

August 8, 2005, referred to in introductory provisions of subsec.

(d), was in the original ``the date of the enactment of this

subsection'' and ``the date of enactment of this subsection'', which was

translated as meaning the date of enactment of Pub. L. 109-58, which

substantially amended this section, to reflect the probable intent of

Congress.

Amendments

2005--Pub. L. 109-58 inserted section catchline, added subsecs. (a)

to (f), redesignated former subsecs. (c), (d), and (f) as (g), (h), and

(i), respectively, substituted ``geothermal resources'' for ``geothermal

steam and associated geothermal resources'' in subsec. (i), and struck

out former subsecs. (a), (b), (e), and (g) to (j), which related to

primary and continuation terms, renewals, conversions to mineral leases,

five-year extensions, bona fide effort requirement for extensions,

payments in lieu of commercial quantities production, and significant

expenditure, respectively.

1988--Subsec. (d). Pub. L. 100-443, Sec. 2(b), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ``For

purposes of subsection (a) of this section, production or utilization of

geothermal steam in commercial quantities shall be deemed to include the

completion of one or more wells producing or capable of producing

geothermal steam in commercial quantities and a bona fide sale of such

geothermal steam for delivery to or utilization by a facility or

facilities not yet installed but scheduled for installation not later

than fifteen years from the date of commencement of the primary term of

the lease.''

Subsecs. (g) to (j). Pub. L. 100-443, Sec. 3, added subsecs. (g) to

(j).

Consistency Provision

Section 9 of Pub. L. 100-443 provided that: ``To the extent that any

provision in this Act [see Short Title of 1988 Amendment note set out

under section 1001 of this title] is inconsistent with the provisions of

section 115(2) of title I of section 101(h) of Public Law 99-591 (100

Stat. 3341-264 through 100 Stat. 3341-266) [set out below], this Act

shall be deemed to supersede the provisions of such section.''

Extension of Lease; Listing, Monitoring and Protection of Significant

Thermal Features in National Park System; Factors Considered in Issuing

or Denying Leases; Effect on Other Provisions

Pub. L. 99-500, Sec. 101(h) [title I, Sec. 115], Oct. 18, 1986, 100

Stat. 1783-242, 1783-264, and Pub. L. 99-591, Sec. 101(h) [title I,

Sec. 115], Oct. 30, 1986, 100 Stat. 3341-242, 3341-264, as amended by

Pub. L. 106-510, Sec. 3(a)(2), (b)(2), Nov. 13, 2000, 114 Stat. 2363,

provided that:

``(1) The primary term of any geothermal lease in effect as of July

27, 1984, issued pursuant to the Geothermal [Steam] Act of 1970 (Public

Law 91-581, 84 Stat. 1566, 30 U.S.C. 1001-1025) is hereby extended to

December 31, 1988, if the Secretary of the Interior finds that--

``(a) a bona fide sale of the geothermal resource, from a well

capable of production, for delivery to or utilization by a facility

or facilities, has not been completed (1) due to administrative

delays by government entities, beyond the control of the lessee, or

(2) such sale would be uneconomic;

``(b) substantial investment in the development of or for the

benefit of the lease has been made; and

``(c) the lease would otherwise expire prior to December 31,

1988.

``(2)(a) The Secretary of the Interior (hereinafter in this section

referred to as `the Secretary' shall publish for public comment in the

Federal Register within 120 days after the date of enactment of this

section [Oct. 18, 1986] a proposed list of significant thermal features

within the following units of the National Park System:

``Mount Rainier National Park;

``Lassen Volcanic National Park;

``Yellowstone National Park;

``Bering Land Bridge National Preserve;

``Gates of the Arctic National Park and Preserve;

``Yukon-Charley Rivers National Preserve;

``Katmai National Park;

``Aniakchak National Monument and Preserve;

``Wrangell-St. Elias National Park and Preserve;

``Glacier Bay National Park and Preserve;

``Denali National Park and Preserve;

``Lake Clark National Park and Preserve;

``Hot Springs National Park;

``Sequoia National Park;

``Hawai`i Volcanoes National Park;

``Lake Mead National Recreation Area;

``Big Bend National Park;

``Olympic National Park;

``Grand Teton National Park;

``John D. Rockefeller, Jr. Memorial Parkway;

``Haleakala National Park; and

``Crater Lake National Park.

The Secretary shall include with such list the basis for his

determination with respect to each thermal feature on the list. Based on

public comment on such list, the Secretary is authorized to make

additions to or deletions from the list. Not later than the 60th day

from the date on which the proposed list was published in the Federal

Energy and Natural Resources of the Senate and the Committee on Interior

and Insular Affairs of the House of Representatives together with copies

of all public comments which he has received and indicating any

additions to or deletions from the list with a statement of the reasons

therefor and the basis for inclusion of each thermal feature on the

list. The Secretary shall consider the following criteria in determining

the significance of thermal features:

``(1) size, extent, and uniqueness;

``(2) scientific and geologic significance;

``(3) the extent to which such features remain in a natural,

undisturbed condition; and

``(4) significance of thermal features to the authorized

purposes for which the National Park System unit was created.

The Secretary shall not issue any geothermal lease pursuant to the

Geothermal Steam Act of 1970 (Public Law 91-581, 84 Stat. 1566), as

amended [30 U.S.C. 1001 et seq.], until such time as the Secretary has

transmitted the list to the Committees of Congress as provided in this

section.

``(b) The Secretary shall maintain a monitoring program for those

significant thermal features listed pursuant to subsection (a) of this

section.

``(c) Upon receipt of an application for a geothermal lease the

Secretary shall determine on the basis of scientific evidence if

exploration, development, or utilization of the lands subject to the

geothermal lease application is reasonably likely to result in a

significant adverse effect on a significant thermal feature listed

pursuant to subsection (a) of this section. Such determination shall be

subject to notice and public comment. If the Secretary determines on the

basis of scientific evidence that the exploration, development, or

utilization of the land subject to the geothermal lease application is

reasonably likely to result in a significant adverse effect on a

significant thermal feature listed pursuant to subsection (a) of this

section, the Secretary shall not issue such geothermal lease. In

addition, the Secretary shall withdraw from leasing under the Geothermal

Steam Act of 1970, as amended, those lands, or portion thereof, subject

to the application for geothermal lease, the exploration, development,

or utilization of which is reasonably likely to result, based on the

Secretary's determination, in a significant adverse effect on a

significant thermal feature listed pursuant to subsection (a) of this

section.

``(d) With respect to all geothermal leases issued after the date of

enactment of this section [Oct. 18, 1986] the Secretary shall include

stipulations in leases necessary to protect significant thermal features

listed pursuant to subsection (a) of this section where a determination

is made based on scientific evidence that the exploration, development,

or utilization of the lands subject to the lease is reasonably likely to

adversely affect such significant features. Such stipulations shall

include, but are not limited to:

``(1) requiring the lessee to reinject geothermal fluids into

the rock formations from which they originate;

``(2) requiring the lessee to report annually to the Secretary

on its activities;

``(3) requiring the lessee to continuously monitor geothermal

production and injection wells; and

``(4) requiring the lessee to suspend activity, temporarily or

permanently, on the lease if the Secretary determines that ongoing

exploration, development, or utilization activities are having a

significant adverse effect on significant thermal features listed

pursuant to subsection (a) of this section until such time as the

significant adverse effect is eliminated.

``(e) The Secretary of Agriculture shall consider the effects on

significant thermal features of those units of the National Park System

identified in subsection (a) of this section in determining whether to

consent to leasing under the Geothermal Steam Act of 1970, as amended,

on national forest or other lands administered by the Department of

Agriculture available for leasing under the Geothermal Steam Act of

1970, as amended, including public, withdrawn, and acquired lands.

``(f) Nothing contained in this section shall affect the ban on

leasing under the Geothermal Steam Act of 1970, as amended, with respect

to the Island Park Known Geothermal Resources Area, as provided for in

Public Law 98-473 (98 Stat. 1837) [see Tables for classification] and

Public Law 99-190 (99 Stat. 1267) [see Tables for classification].

``(g) Except as provided herein, nothing contained in this section

shall affect or modify the authorities or responsibilities of the

Secretary under the Geothermal Steam Act of 1970, as amended, or any

other provision of law.

``(h) The provisions of this section shall remain in effect until

Congress determines otherwise.''

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1006]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1006. Acreage limitations

A geothermal lease shall embrace a reasonably compact area of not

more than 5,120 acres, except where a departure therefrom is occasioned

by an irregular subdivision or subdivisions. No person, association, or

corporation, except as otherwise provided in this chapter, shall take,

hold, own, or control at one time, whether acquired directly from the

Secretary under this chapter or otherwise, any direct or indirect

interest in Federal geothermal leases in any one State exceeding 51,200

acres, including leases acquired under the provisions of section 1003 of

this title.

(Pub. L. 91-581, Sec. 7, Dec. 24, 1970, 84 Stat. 1569; Pub. L. 109-58,

title II, Sec. 235, Aug. 8, 2005, 119 Stat. 671.)

Amendments

2005--Pub. L. 109-58 inserted section catchline, substituted ``5,120

acres'' for ``two thousand five hundred and sixty acres'' and ``51,200

acres'' for ``twenty thousand four hundred and eighty acres'' in text,

and struck out second par. which read as follows: ``At any time after

fifteen years from December 24, 1970, the Secretary, after public

hearings, may increase this maximum holding in any one State by

regulation, not to exceed fifty-one thousand two hundred acres.''

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1007]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1007. Readjustment of lease terms and conditions

(a) Initial readjustment; periodic intervals; notice; objections,

relinquishment, and termination

The Secretary may readjust the terms and conditions, except as

otherwise provided herein, of any geothermal lease issued under this

chapter at not less than ten-year intervals beginning ten years after

the date the geothermal steam is produced, as determined by the

Secretary. Each geothermal lease issued under this chapter shall provide

for such readjustment. The Secretary shall give notice of any proposed

readjustment of terms and conditions, and, unless the lessee files with

the Secretary objection to the proposed terms or relinquishes the lease

within thirty days after receipt of such notice, the lessee shall

conclusively be deemed to have agreed with such terms and conditions. If

the lessee files objections, and no agreement can be reached between the

Secretary and the lessee within a period of not less than sixty days,

the lease may be terminated by either party.

(b) Rentals and royalties; initial readjustment; periodic intervals;

limitation on increases and on royalties; notice; objections,

relinquishment, and termination

The Secretary may readjust the rentals and royalties of any

geothermal lease issued under this chapter at not less than twenty-year

intervals beginning thirty-five years after the date geothermal steam is

produced, as determined by the Secretary. In the event of any such

readjustment neither the rental nor royalty may be increased by more

than 50 per centum over the rental or royalty paid during the preceding

period. Each geothermal lease issue \1\ under this chapter shall provide

for such readjustment. The Secretary shall give notice of any proposed

readjustment of rentals and royalties, and, unless the lessee files with

the Secretary objection to the proposed rentals and royalties or

relinquishes the lease within thirty days after receipt of such notice,

the lessee shall conclusively be deemed to have agreed with such terms

and conditions. If the lessee files objections, and no agreement can be

reached between the Secretary and the lessee within a period of not less

than sixty days, the lease may be terminated by either party.

---------------------------------------------------------------------------

\1\ So in original. Probably should be ``issued''.

---------------------------------------------------------------------------

acquired for Federal agency; notice; approval of agency

Any readjustment of the terms and conditions as to use, protection,

or restoration of the surface of any lease of lands withdrawn or

acquired in aid of a function of a Federal department or agency other

than the Department of the Interior may be made only upon notice to, and

with the approval of, such department or agency.

(Pub. L. 91-581, Sec. 8, Dec. 24, 1970, 84 Stat. 1569; Pub. L. 109-58,

title II, Secs. 229, 236(8), Aug. 8, 2005, 119 Stat. 668, 672.)

Amendments

2005--Pub. L. 109-58, Sec. 236(8), inserted section catchline.

Subsec. (b). Pub. L. 109-58, Sec. 229, substituted ``period'' for

``period, and in no event shall the royalty payable exceed 22\1/2\ per

centum'' in second sentence.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1008]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1008. Byproducts

If the production, use, or conversion of geothermal steam is

susceptible of producing a valuable byproduct or byproducts, including

commercially demineralized water for beneficial uses in accordance with

applicable State water laws, the Secretary shall require substantial

beneficial production or use thereof unless, in individual circumstances

he modifies or waives this requirement in the interest of conservation

of natural resources or for other reasons satisfactory to him. However,

the production or use of such byproducts shall be subject to the rights

of the holders of preexisting leases, claims, or permits covering the

same land or the same minerals, if any.

(Pub. L. 91-581, Sec. 9, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109-58,

title II, Sec. 236(9), Aug. 8, 2005, 119 Stat. 672.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1009]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1009. Relinquishment of geothermal rights

The holder of any geothermal lease at any time may make and file in

the appropriate land office a written relinquishment of all rights under

such lease or of any legal subdivision of the area covered by such

lease. Such relinquishment shall be effective as of the date of its

filing. Thereupon the lessee shall be released of all obligations

thereafter accruing under said lease with respect to the lands

relinquished, but no such relinquishment shall release such lessee, or

his surety or bond, from any liability for breach of any obligation of

the lease, other than an obligation to drill, accrued at the date of the

relinquishment, or from the continued obligation, in accordance with the

applicable lease terms and regulations, (1) to make payment of all

accrued rentals and royalties, (2) to place all wells on the

relinquished lands in condition for suspension or abandonment, and (3)

to protect or restore substantially the surface and surface resources.

(Pub. L. 91-581, Sec. 10, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109-58,

title II, Sec. 236(10), Aug. 8, 2005, 119 Stat. 672.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1010]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1010. Suspension of operations and production

The Secretary, upon application by the lessee, may authorize the

lessee to suspend operations and production on a producing lease and he

may, on his own motion, in the interest of conservation suspend

operations on any lease but in either case he may extend the lease term

for the period of any suspension, and he may waive, suspend, or reduce

the rental or royalty required in such lease.

(Pub. L. 91-581, Sec. 11, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109-58,

title II, Sec. 236(11), Aug. 8, 2005, 119 Stat. 672.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1011]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1011. Termination of leases

Leases may be terminated by the Secretary for any violation of the

regulations or lease terms after thirty days notice provided that such

violation is not corrected within the notice period, or in the event the

violation is such that it cannot be corrected within the notice period

then provided that lessee has not commenced in good faith within said

notice period to correct such violation and thereafter to proceed

diligently to correct such violation. Lessee shall be entitled to a

hearing on the matter of such claimed violation or proposed termination

of lease if request for a hearing is made to the Secretary within the

thirty-day period after notice. The period for correction of violation

or commencement to correct such violation of regulations or of lease

terms, as aforesaid, shall be extended to thirty days after the

Secretary's decision after such hearing if the Secretary shall find that

a violation exists.

(Pub. L. 91-581, Sec. 12, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109-58,

title II, Sec. 236(12), Aug. 8, 2005, 119 Stat. 672.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1012]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1012. Waiver, suspension, or reduction of rental or royalty

The Secretary may waive, suspend, or reduce the rental or royalty

for any lease or portion thereof in the interests of conservation and to

encourage the greatest ultimate recovery of geothermal resources, if he

determines that this is necessary to promote development or that the

lease cannot be successfully operated under the lease terms.

(Pub. L. 91-581, Sec. 13, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109-58,

title II, Sec. 236(13), Aug. 8, 2005, 119 Stat. 672.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1013]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1013. Surface land use

Subject to the other provisions of this chapter, a lessee shall be

entitled to use so much of the surface of the land covered by his

geothermal lease as may be found by the Secretary to be necessary for

the production, utilization, and conservation of geothermal resources.

(Pub. L. 91-581, Sec. 14, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 109-58,

title II, Sec. 236(14), Aug. 8, 2005, 119 Stat. 672.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1014]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1014. Lands subject to geothermal leasing

(a) Terms and conditions for lands withdrawn or acquired for Department

of the Interior

Geothermal leases for lands withdrawn or acquired in aid of

functions of the Department of the Interior may be issued only under

such terms and conditions as the Secretary may prescribe to insure

adequate utilization of the lands for the purposes for which they were

withdrawn or acquired.

(b) Consent and terms and conditions for lands withdrawn or acquired for

Department of Agriculture or for lands for power and related

purposes

Geothermal leases for lands withdrawn or acquired in aid of

functions of the Department of Agriculture may be issued only with the

consent of, and subject to such terms and conditions as may be

prescribed by, the head of that Department to insure adequate

utilization of the lands for the purposes for which they were withdrawn

or acquired. Geothermal leases for lands to which section 818 of title

16 is applicable, may be issued only with the consent of, and subject

to, such terms and conditions as the Secretary of Energy may prescribe

to insure adequate utilization of such lands for power and related

purposes.

Geothermal leases under this chapter shall not be issued for lands

administered in accordance with (1) sections 1, 2, 3, and 4 of title 16,

as amended or supplemented, (2) for lands within a national recreation

area, (3) for lands in a fish hatchery administered by the Secretary,

wildlife refuge, wildlife range, game range, wildlife management area,

waterfowl production area, or for lands acquired or reserved for the

protection and conservation of fish and wildlife that are threatened

with extinction, (4) for tribally or individually owned Indian trust or

restricted lands, within or without the boundaries of Indian

reservations.

(Pub. L. 91-581, Sec. 15, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 95-91,

title III, Sec. 301(b), title VII, Secs. 703, 707, Aug. 4, 1977, 91

Stat. 578, 606, 607; Pub. L. 109-58, title II, Sec. 236(15), Aug. 8,

2005, 119 Stat. 672.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

Transfer of Functions

``Secretary of Energy'' substituted for ``Federal Power Commission''

in subsec. (b) pursuant to sections 301(b), 703, and 707 of Pub. L. 95-

91, which are classified to sections 7151(b), 7293, and 7297 of Title

42, The Public Health and Welfare, and which terminated Federal Power

Commission and transferred its functions (with certain exceptions) to

Secretary of Energy.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1015]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1015. Requirement for lessees

Leases under this chapter may be issued only to citizens of the

United States, associations of such citizens, corporations organized

under the laws of the United States or of any State or the District of

Columbia, or governmental units, including, without limitation,

municipalities.

(Pub. L. 91-581, Sec. 16, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 109-58,

title II, Sec. 236(16), Aug. 8, 2005, 119 Stat. 672.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1016]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1016. Administration

Administration of this chapter shall be under the principles of

multiple use of lands and resources, and geothermal leases shall,

insofar as feasible, allow for coexistence of other leases of the same

lands for deposits of minerals under the laws applicable to them, for

the location and production of claims under the mining laws, and for

other uses of the areas covered by them. Operations under such other

leases or for such other uses, however, shall not unreasonably interfere

with or endanger operations under any lease issued pursuant to this

chapter, nor shall operations under leases so issued unreasonably

interfere with or endanger operations under any lease, license, claim,

or permit issued pursuant to the provisions of any other Act.

(Pub. L. 91-581, Sec. 17, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 109-58,

title II, Sec. 236(17), Aug. 8, 2005, 119 Stat. 672.)

References in Text

The mining laws, referred to in text, are classified generally to

this title.

Amendments

2005--Pub. L. 109-58 inserted section catchline.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1017]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1017. Unit and communitization agreements

(a) Adoption of units by lessees

(1) In general

For the purpose of more properly conserving the natural

resources of any geothermal reservoir, field, or like area, or any

part thereof (whether or not any part of the geothermal reservoir,

field, or like area, is subject to any cooperative plan of

development or operation (referred to in this section as a ``unit

agreement'')), lessees thereof and their representatives may unite

with each other, or jointly or separately with others, in

collectively adopting and operating under a unit agreement for the

reservoir, field, or like area, or any part thereof, including

direct use resources, if determined and certified by the Secretary

to be necessary or advisable in the public interest.

(2) Majority interest of single leases

A majority interest of owners of any single lease shall have the

authority to commit the lease to a unit agreement.

(3) Initiative of Secretary

The Secretary may also initiate the formation of a unit

agreement, or require an existing Federal lease to commit to a unit

agreement, if in the public interest.

(4) Modification of lease requirements by Secretary

(A) In general

The Secretary may, in the discretion of the Secretary and

with the consent of the holders of leases involved, establish,

alter, change, or revoke rates of operations (including

drilling, operations, production, and other requirements) of the

leases and make conditions with respect to the leases, with the

consent of the lessees, in connection with the creation and

operation of any such unit agreement as the Secretary may

consider necessary or advisable to secure the protection of the

public interest.

(B) Unlike terms or rates

Leases with unlike lease terms or royalty rates shall not be

required to be modified to be in the same unit.

(b) Requirement of plans under new leases

The Secretary may--

(1) provide that geothermal leases issued under this chapter

shall contain a provision requiring the lessee to operate under a

unit agreement; and

(2) prescribe the unit agreement under which the lessee shall

operate, which shall adequately protect the rights of all parties in

interest, including the United States.

The Secretary may require that any unit agreement authorized by this

section that applies to land owned by the United States contain a

provision under which authority is vested in the Secretary, or any

person, committee, or State or Federal officer or agency as may be

designated in the unit agreement to alter or modify, from time to time,

the rate of prospecting and development and the quantity and rate of

production under the unit agreement.

(d) Exclusion from determination of holding or control

Any land that is subject to a unit agreement approved or prescribed

by the Secretary under this section shall not be considered in

determining holdings or control under section 1006 of this title.

(e) Pooling of certain land

If separate tracts of land cannot be independently developed and

operated to use geothermal resources pursuant to any section of this

chapter--

(1) the land, or a portion of the land, may be pooled with other

land, whether or not owned by the United States, for purposes of

development and operation under a communitization agreement

providing for an apportionment of production or royalties among the

separate tracts of land comprising the production unit, if the

pooling is determined by the Secretary to be in the public interest;

and

(2) operation or production pursuant to the communitization

agreement shall be treated as operation or production with respect

to each tract of land that is subject to the communitization

agreement.

(f) Unit agreement review

(1) In general

Not later than 5 years after the date of approval of any unit

agreement and at least every 5 years thereafter, the Secretary

shall--

(A) review each unit agreement; and

(B) after notice and opportunity for comment, eliminate from

inclusion in the unit agreement any land that the Secretary

determines is not reasonably necessary for unit operations under

the unit agreement.

(2) Basis for elimination

The elimination shall--

(A) be based on scientific evidence; and

(B) occur only if the elimination is determined by the

Secretary to be for the purpose of conserving and properly

managing the geothermal resource.

(3) Extension

Any land eliminated under this subsection shall be eligible for

an extension under section 1005(g) of this title if the land meets

the requirements for the extension.

(g) Drilling or development contracts

(1) In general

The Secretary may, on such conditions as the Secretary may

prescribe, approve drilling or development contracts made by one or

more lessees of geothermal leases, with one or more persons,

associations, or corporations if, in the discretion of the

Secretary, the conservation of natural resources or the public

convenience or necessity may require or the interests of the United

States may be best served by the approval.

(2) Holdings or control

Each lease operated under an approved drilling or development

contract, and interest under the contract, shall be excepted in

determining holdings or control under section 1006 of this title.

(h) Coordination with State governments

The Secretary shall coordinate unitization and pooling activities

with appropriate State agencies.

(Pub. L. 91-581, Sec. 18, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 100-443,

Sec. 4, Sept. 22, 1988, 102 Stat. 1768; Pub. L. 109-58, title II,

Sec. 227, Aug. 8, 2005, 119 Stat. 666.)

Amendments

2005--Pub. L. 109-58 inserted section catchline and amended text

generally. Prior to amendment, text related to cooperative or unit plan

of development or operation of geothermal pool, field, or like area,

public interest, determination and certification, regulations,

protection of parties in interest, authority respecting rate of

prospecting, development, and production, five year review, and leases

excepted from control for purposes of State acreage limitation.

1988--Pub. L. 100-443, Sec. 4, inserted provisions relating to five

year review of plans and elimination of leases from plans.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1018]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1018. Data from Federal agencies

Upon request of the Secretary, other Federal departments and

agencies shall furnish him with any relevant data then in their

possession or knowledge concerning or having bearing upon fair and

adequate charges to be made for geothermal steam produced or to be

produced for conversion to electric power or other purposes. Data given

to any department or agency as confidential under law shall not be

furnished in any fashion which identifies or tends to identify the

business entity whose activities are the subject of such data or the

person or persons who furnished such information.

(Pub. L. 91-581, Sec. 19, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 109-58,

title II, Sec. 236(18), Aug. 8, 2005, 119 Stat. 673.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1019]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1019. Disposal of moneys from sales, bonuses, rentals, and

royalties

(a) In general

Except with respect to lands in the State of Alaska, all monies

received by the United States from sales, bonuses, rentals, and

royalties under this chapter shall be paid into the Treasury of the

United States. Of amounts deposited under this subsection, subject to

the provisions of subsection (b) of section 191 of this title and

section 1004(a)(2) of this title--

(1) 50 percent shall be paid to the State within the boundaries

of which the leased lands or geothermal resources are or were

located; and

(2) 25 percent shall be paid to the county within the boundaries

of which the leased lands or geothermal resources are or were

located.

(b) Use of payments

Amounts paid to a State or county under subsection (a) of this

section shall be used consistent with the terms of section 191 of this

title.

(Pub. L. 91-581, Sec. 20, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 100-443,

Sec. 5(a), Sept. 22, 1988, 102 Stat. 1768; Pub. L. 103-66, title X,

Sec. 10202(b), Aug. 10, 1993, 107 Stat. 408; Pub. L. 109-58, title II,

Sec. 224(b), Aug. 8, 2005, 119 Stat. 663.)

Amendments

2005--Pub. L. 109-58 inserted section catchline and amended text

generally. Prior to amendment, text read as follows: ``Subject to the

provisions of section 191(b) of this title, all moneys received from the

sales, bonuses, royalties and rentals under the provisions of this

chapter, including the payments referred to in section 1005(i) of this

title, shall be disposed of in the same manner as such moneys received

pursuant to section 191 of this title or pursuant to section 355 of this

title, as the case may be.''

1993--Pub. L. 103-66 substituted ``Subject to the provisions of

section 191(b) of this title, all moneys'' for ``All moneys''.

1988--Pub. L. 100-443 amended section generally. Prior to amendment,

section read as follows: ``All moneys received under this chapter from

public lands under the jurisdiction of the Secretary shall be disposed

of in the same manner as moneys received from the sale of public lands.

Moneys received under this chapter from other lands shall be disposed of

in the same manner as other receipts from such lands.''

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1020]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1020. Publication in Federal Register; reservation of

mineral rights

Geothermal resources in lands the surface of which has passed from

Federal ownership but in which the minerals have been reserved to the

United States shall not be developed or produced except under geothermal

leases made pursuant to this chapter. If the Secretary of the Interior

finds that such development is imminent, or that production from a well

heretofore drilled on such lands is imminent, he shall so report to the

Attorney General, and the Attorney General is authorized and directed to

institute an appropriate proceeding in the United States district court

of the district in which such lands are located, to quiet the title of

the United States in such resources, and if the court determines that

the reservation of minerals to the United States in the lands involved

included the geothermal resources, to enjoin their production otherwise

than under the terms of this chapter: Provided, That upon an

authoritative judicial determination that Federal mineral reservation

does not include geothermal resources the duties of the Secretary of the

Interior to report and of the Attorney General to institute proceedings,

as hereinbefore set forth, shall cease.

(Pub. L. 91-581, Sec. 21, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 109-58,

title II, Sec. 236(1), (3), (19), Aug. 8, 2005, 119 Stat. 671, 673.)

Amendments

2005--Pub. L. 109-58 inserted section catchline, struck out ``(b)''

before ``Geothermal'', substituted ``does not include geothermal

resources'' for ``does not include geothermal steam and associated

geothermal resources'', and struck out subsec. (a) which read as

follows: ``Within one hundred and twenty days after December 24, 1970,

the Secretary shall cause to be published in the Federal Register a

determination of all lands which were included within any known

geothermal resources area on December 24, 1970. He shall likewise

publish in the Federal Register from time to time his determination of

other known geothermal resources areas specifying in each case the date

the lands were included in such area; and''.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1021]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1021. Federal exemption from State water laws

Nothing in this chapter shall constitute an express or implied claim

or denial on the part of the Federal Government as to its exemption from

State water laws.

(Pub. L. 91-581, Sec. 22, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109-58,

title II, Sec. 236(20), Aug. 8, 2005, 119 Stat. 673.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1022]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1022. Prevention of waste; exclusivity

(a) All leases under this chapter shall be subject to the condition

that the lessee will, in conducting his exploration, development, and

producing operations, use all reasonable precautions to prevent waste of

geothermal resources developed in the lands leased.

(b) Rights to develop and utilize geothermal resources underlying

lands owned by the United States may be acquired solely in accordance

with the provisions of this chapter.

(Pub. L. 91-581, Sec. 23, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109-58,

title II, Sec. 236(1), (21), Aug. 8, 2005, 119 Stat. 671, 673.)

Amendments

2005--Pub. L. 109-58 inserted section catchline and substituted

``geothermal resources'' for ``geothermal steam and associated

geothermal resources'' in subsecs. (a) and (b).

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 30USC1023]

TITLE 30--MINERAL LANDS AND MINING

CHAPTER 23--GEOTHERMAL RESOURCES

Sec. 1023. Rules and regulations

The Secretary shall prescribe such rules and regulations as he may

deem appropriate to carry out the provisions of this chapter. Such

regulations may include, without limitation, provisions for (a) the

prevention of waste, (b) development and conservation of geothermal and

other natural resources, (c) the protection of the public interest, (d)

assignment, segregation, extension of terms, relinquishment of leases,

development contracts, unitization, pooling, and drilling agreements,

(e) compensatory royalty agreements, suspension of operations or

production, and suspension or reduction of rentals or royalties, (f) the

filing of surety bonds to assure compliance with the terms of the lease

and to protect surface use and resources, (g) use of the surface by a

lessee of the lands embraced in his lease, (h) the maintenance by the

lessee of an active development program, and (i) protection of water

quality and other environmental qualities.

(Pub. L. 91-581, Sec. 24, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109-58,

title II, Sec. 236(22), Aug. 8, 2005, 119 Stat. 673.)

Amendments

2005--Pub. L. 109-58 inserted section catchline.

Transfer of Functions

Functions of Secretary of the Interior to promulgate regulations

under this chapter relating to fostering of competition for Federal

leases, implementation of alternative bidding systems authorized for

award of Federal leases, establishment of diligence requirements for

operations conducted on Federal leases, setting of rates for production

of Federal leases, and specifying of procedures, terms, and conditions

for acquisition and disposition of Federal royalty interests taken in

kind, transferred to Secretary of Energy by section 7152(b) of Title 42,

The Public Health and Welfare. Section 7152(b) of Title 42 was repealed

by Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407, and

functions of Secretary of Energy returned to Secretary of the Interior.

See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.