§ 1017. Unit and communitization agreements

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 § 18 · 84 Stat. 1566

   Enacted · 30 U.S.C. § 1017

   Pub. L. 91–581, § 18, Dec. 24, 1970, 84 Stat. 1571

   Source evidence

   Code source credit
   Pub. L. 91–581, § 18, Dec. 24, 1970, 84 Stat. 1571

   Enacted provision · exact public law section
   Sec. 18. For the purpose of properly conserving the natural resources Cooperative or unit plan. of any geothermal pool, field, or like area, or any part, thereof, lessees thereof and their representatives may unite with each other, or jointly or separately with others, in collectively adopting and operating under a cooperative or unit plan of development or operation of such pool, field, or like area, or any part thereof, whenever this is determined and certified by the Secretary to be necessary or advisable in the public interest. The Secretary may in his discretion and with the consent of the holders of leases involved, establish, alter, change, revoke, and make such regulations with reference to such leases in connection with the institution and operation of any such cooperative or unit plan as he may deem necessary or proper to secure reasonable protection of the public interest. He may include in geothermal leases a provision requiring the lessee to operate under such a reasonable cooperative or unit plan, and he may prescribe such a plan under which such lessee shall operate, which shall adequately protect the rights of all parties in interest, including the United States. Any such plan may, in the discretion of the Secretary, provide for vesting in the Secretary or any other person, committee, or Federal or State agency designated therein, authority to alter or modify from time to time the rate of prospecting and development and the quantity and rate of production under such plan. AU leases operated under any such plan approved or prescribed by the Secretary shall be excepted in determining holdings or control for the purposes of section 7 of this Act. When separate tracts cannot be independently developed and operated in conformity with an established well-spacing or development program, any lease, or a portion thereof, may be pooled with other lands, whether or not owned by the United States, under a communitization or drilling agreement providing for an apportionment of production or royalties among the separate tracts of land comprising the drilling or spacing unit when determined by the Secretary to be in the public interest, and operations or production pursuant to such an agreement shall be deemed to be operations or production as to each lease committed thereto. The Secretary is hereby authorized, on such conditions as he may prescribe, to approve operating, drilling, or development contracts made by one or more lessees of geothermal leases, with one or more persons, associations, or corporations whenever, in his discretion, the conservation of natural products or the public convenience or necessity may require or the interests of the United States may be best served thereby. AU leases operated under such approved operating, drilling, or development contracts, and interests thereunder, shall be excepted in determining holdings or control under section 7 of this Act.

2. 1988

   Geothermal Steam Act Amendments of 1988

   Pub. L. 100–443 § 4 · 102 Stat. 1766

   Inserted · 30 U.S.C. § 1017

   Pub. L. 100–443, § 4, inserted provisions relating to five year review of plans and elimination of leases from plans

   Source evidence

   Code amendment note
   Pub. L. 100–443, § 4, inserted provisions relating to five year review of plans and elimination of leases from plans.

   Enacted provision · exact public law section
   SEC. 4. REVIEW OF COOPERATIVE OR UNIT PLAN OF DEVELOPMENT. Section 18 of the Geothermal Steam Act of 1970 as amended (30 U.S.C. 1017) is amended by inserting the following new paragraph after the first full paragraph of that section: “No more than five years after approval of any cooperative or unit plan of development or operation, and at least every five years thereafter, the Secretary shall review each such plan and, after notice and opportunity for comment, eliminate from inclusion in such plan any lease or part of a lease not regarded as reasonably necessary to cooperative or unit operations under the plan. In the case of a cooperative or unit plan approved before the enactment of the Geothermal Steam Act Amendments of 1988, the Secretary shall complete such review and elimination within 5 years after the Conservation. enactment of such Act. Such elimination shall be based on scientific evidence, and shall occur only when it is determined by the Secretary to be for the purpose of conserving and properly managing the geothermal resource. Any lease or part of a lease so eliminated shall be eligible for an extension under subsection (c) or (g) of section 6 if it separately meets the requirements for such an extension.”.

3. 2005

   John Rishel Geothermal Steam Act Amendments of 2005

   Pub. L. 109–58 title II § 227 · 119 Stat. 594

   1. Inserted · 30 U.S.C. § 1017

      Pub. L. 109–58 inserted section catchline

   2. Amended · 30 U.S.C. § 1017

      Pub. L. 109–58 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 227. COOPERATIVE OR UNIT PLANS.   Section 18 of the Geothermal Steam Act of 1970 (30 U.S.C. 1017) is amended to read as follows: “SEC. 18. 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 Act 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. “(c) Modification of Rate of Prospecting, Development, and Production.— 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 7. “(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 Act— “(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 Deadlines. 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 6(g) 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 7. “(h) Coordination With State Governments.— The Secretary shall coordinate unitization and pooling activities with appropriate State agencies.” .

4 of 4 references resolved to an enrolled provision