§ 1003. Leasing procedures

Footnotes

1. 1 See Codification note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Geothermal Steam Act of 1970

   Pub. L. 91–581 § 4 · 84 Stat. 1566

   Enacted · 30 U.S.C. § 1003

   Pub. L. 91–581, § 4, Dec. 24, 1970, 84 Stat. 1566

   Source evidence

   Code source credit
   Pub. L. 91–581, § 4, Dec. 24, 1970, 84 Stat. 1566

   Enacted provision · exact public law section
   Sec. 4. If lands to be leased under this Act are within any known geothermal resources area, they shall be leased to the highest responsible qualified bidder by competitive bidding under regulations formulated by the Secretary. If the lands to be leased are not within any known geothermal resources area, the qualified person first making application for the lease shall be entitled to a lease of such lands without Conversion. competitive bidding. Notwithstanding the foregoing, at any time within one hundred and eighty days following the effective date of this Act: (a) with respect to all lands which were on September 7, 1965, subject to valid leases or permits issued under the Mineral Leasing 41 Stat. 437. Act of February 25, 1920, as amended (30 U.S.C. 181 et seq.), or under the Mineral Leasing Act of Acquired Lands, as amended 61 Stat. 913. (30 U.S.C. 351, 358), or to existing mining claims located on or prior to September 7, 1965, the lessees or permittees or claimants or their successors in interest who are qualified to hold geothermal leases shall have the right to convert such leases or permits or claims to geothermal leases covering the same lands; (b) where there are conflicting claims, leases, or permits therefor embracing the same land, the person who first was issued a lease or permit, or who first recorded the mining claim shall be entitled to first consideration; (c) with respect to all lands which were on September 7, 1965, the subject of applications for leases or permits under the above Acts, the applicants may convert their applications to applications for geothermal leases having priorities dating from the time of filing of such applications under such Acts; (d) no person shall be permitted to convert mineral leases, Acreage limitation. permits, applications therefor, or mining claims for more than 10,240 acres; and (e) the conversion of leases, permits, and mining claims and applications for leases and permits shall be accomplished in accordance with regulations prescribed by the Secretary. No right to conversion to a geothermal lease shall accrue to any person under this section unless such person shows to the reasonable satisfaction of the Secretary that substantial expenditures for the exploration, development, or production of geothermal steam have been made by the applicant who is seeking conversion, on the lands for which a lease is sought or on adjoining, adjacent, or nearby Federal or non-Federal lands. (f) with respect to lands within any known geothermal resources area and which are subject to a right to conversion to a geothermal lease, such lands shall be leased by competitive bidding: Provided, That, the competitive geothermal lease shall be issued to the person owning the right to conversion to a geothermal lease if he makes payment of an amount equal to the highest bona fide bid for the competitive geothermal lease, plus the rental for the first year, within thirty days after he receives written notice from the Secretary of the amount of the highest bid.

2. 2005

   John Rishel Geothermal Steam Act Amendments of 2005

   Pub. L. 109–58 § 222 · 119 Stat. 594

   1. Inserted · 30 U.S.C. § 1003

      Pub. L. 109–58, § 222, inserted section catchline

   2. Amended · 30 U.S.C. § 1003

      Pub. L. 109–58, § 222, 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

   Source evidence

   Code amendment note
   Pub. L. 109–58, § 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.

   Enacted provision · exact public law section
   SEC. 222. COMPETITIVE LEASE SALE REQUIREMENTS.   Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is amended to read as follows: “SEC. 4. LEASING PROCEDURES. “(a) Nominations.— The Secretary shall accept nominations of land to be leased at any time from qualified companies and individuals under this Act. “(b) Competitive Lease Sale Required.— “(1) In general.— Except as otherwise specifically provided by this Act, all land to be leased that is not subject to leasing under subsection (c) shall be leased as provided in this 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) 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. “(c) Noncompetitive Leasing.— 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 the date of enactment of this subsection. All future forest plans and resource management plans for areas with high geothermal resource potential shall consider geothermal leasing and development. “(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 the date of enactment of this paragraph; or “(B) at the election of the applicant, shall be subject to this section as in effect on the effective date of this paragraph. “(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.” .

3. 2005

   John Rishel Geothermal Steam Act Amendments of 2005

   Pub. L. 109–58 § 223(b) · 119 Stat. 594

   Added · 30 U.S.C. § 1003(f); 30 U.S.C. § 1003(g)

   Pub. L. 109–58, § 223(b), added subsecs. (f) and (g)

   Source evidence

   Code amendment note
   Subsecs. (f), (g). Pub. L. 109–58, § 223(b), added subsecs. (f) and (g).

   Enacted provision · exact public law section
   (b) Leasing for Direct Use.— Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) (as amended by section 222) is further amended by adding at the end the following: “(f) Leasing for Direct Use of Geothermal Resources.— Notwithstanding subsection (b), the Secretary may identify areas in which the land to be leased under this Act 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) Notice. Deadline. 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 7.” .

4. 2020

   Energy Act of 2020

   Pub. L. 116–260 div. Z title III § 3105 · 134 Stat. 1182

   Added · 30 U.S.C. § 1003(b)(4)

   Pub. L. 116–260 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 116–260 added par. (4).

   Enacted provision · exact public law section
   SEC. 3105. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND GAS LEASES.   Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following: “(4) Land subject to oil and gas lease.— Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under subsection (c) by the holder of the oil and gas lease— “(A) on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas; and “(B) to provide for the coproduction of geothermal energy with oil and gas.” .

5 of 5 references resolved to an enrolled provision