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30 U.S.C. § 1003 — Leasing procedures

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1003 — Leasing procedures

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Source location: Title 30, Chapter 23, § 1003; chapter-023-geothermal-resources.md

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**(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 (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. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.) or the Mineral Leasing Act for Acquired Lands ([30 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section351&num=0&edition=prelim) 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. **(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 August 8, 2005.11 See Codification note below. 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 August 8, 2005; or (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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1006&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1003&num=0&edition=prelim).

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30 U.S.C. § 351 — Definitions

As used in this chapter “United States” includes Alaska. “Acquired lands” or “lands acquired by the United States” include all lands heretofore or hereafter acquired by the United States to which the “mineral leasing laws” have not been extended, including such lands acquired under the provisions of the Act of March 1, 1911 (36 Stat. 961, 16 U.S.C., sec. 552). “Secretary” means the Secretary of the Interior, “Mineral leasing laws” shall mean the Act of October 20, 1914 (38 Stat. 741, 48 U.S.C., sec. 432); the Act of February 25, 1920 (41 Stat. 437, 30 U.S.C., sec. 181); the Act of April 17, 1926 (44 Stat. 301, 30 U.S.C., sec. 271); the Act of February 7, 1927 (44 Stat. 1057, 30 U.S.C., sec. 281), and all Acts heretofore or hereafter enacted which are amendatory of or supplementary to any of the foregoing Acts. “Lease” includes “prospecting permit” unless the context otherwise requires. The term “oil” shall embrace all nongaseous hydrocarbon substances other than those leasable as coal, oil shale, or gilsonite (including all vein-type solid hydrocarbons).

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30 U.S.C. § 181 — Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, approved March 1, 1911 (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum and oil-shale reserves, except as hereinafter provided, shall be subject to disposition in the form and manner provided by this chapter to citizens of the United States, or to associations of such citizens, or to any corporation organized under the laws of the United States, or of any State or Territory thereof, or in the case of coal, oil, oil shale, or gas, to municipalities. Citizens of another country, the laws, customs, or regulations of which deny similar or like privileges to citizens or corporations of this country, shall not by stock ownership, stock holding, or stock control, own any interest in any lease acquired under the provisions of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1003 — Leasing procedures

Page 213 TITLE 30—MINERAL LANDS AND MINING § 1003 1 See Codification note below. by him, including public, withdrawn, and ac- quired lands, (2) in any national forest or other lands administered by the Department of Agri- culture 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, § 3, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 109–58, title II, § 236(1), (6), Aug. 8, 2005, 119 Stat. 671, 672.) Editorial Notes 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. § 1002a. Repealed. Pub. L. 97–214, § 7(16), July 12, 1982, 96 Stat. 174 Section, Pub. L. 95–356, title VIII, § 803(a), (b), Sept. 8, 1978, 92 Stat. 585; Pub. L. 96–125, title VIII, § 802(2), Nov. 26, 1979, 93 Stat. 948; Pub. L. 97–99, title IX, § 908, Dec. 23, 1981, 95 Stat. 1385, related to development of geo- thermal energy sources on military lands, contracts for provision and operation of production facilities and en- ergy purchases, and terms, conditions and prerequisites of such contracts. See sections 2917 and 2922a of Title 10, Armed Forces. Pub. L. 95–356, title VIII, § 803(c), Sept. 8, 1978, 92 Stat. 585, which provided that this section take effect Oct. 1, 1978, was repealed by Pub. L. 97–214, § 7(16), July 12, 1982, 96 Stat. 174. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, and applicable to mili- tary construction projects, and to construction and ac- quisition of military family housing before, on, or after such

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30 U.S.C. § 181 — Lands subject to disposition; persons enti-

Page 35 TITLE 30—MINERAL LANDS AND MINING § 181 Sec. SUBCHAPTER V—OIL SHALE 241. Leases of lands. 242. Oil shale claims. SUBCHAPTER VI—ALASKA OIL PROVISO 251. Leases to claimants of withdrawn lands; terms and conditions; acreage; annual rent- als and royalties; fraud of claimants. SUBCHAPTER VII—SODIUM 261. Prospecting permits; lands included; acreage. 262. Leases to permittees; survey of lands; royal- ties and annual rentals. 263. Permits to use or lease of nonmineral lands for camp sites, and other purposes; annual rentals; acreage. SUBCHAPTER VIII—SULPHUR 271. Prospecting permits; lands included; acreage. 272. Leases to permittees; privileges extended to oil and gas permittees. 273. Lease of lands not covered by permits or leases; acreage; rental. 274. Lands containing coal or other minerals. 275. Laws applicable. 276. Application of subchapter to Louisiana and New Mexico only. SUBCHAPTER IX—POTASH 281. Prospecting permits for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium; authorization; acreage; lands af- fected. 282. Leases to permittees of lands showing valu- able deposits; royalty. 283. Lands containing valuable deposits not cov- ered by permits or leases; authority to lease; acreage; conditions; renewals; exemp- tions from rentals and royalties; suspension of operations. 284. Lands containing coal or other minerals in addition to potassium deposits; issuance of prospecting permits and leases; covenants in potassium leases. 285. Laws applicable. 286. Disposition of royalties and rents from potas- sium leases. 287. Extension of prospecting permits. SUBCHAPTER I—GENERAL PROVISIONS § 181. Lands subject to disposition; persons enti- tled to benefits; reciprocal privileges; heliu

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 351 — Definitions

Page 94 TITLE 30—MINERAL LANDS AND MINING §§ 321 to 325 CHAPTER 6—SYNTHETIC LIQUID FUEL DEMONSTRATION PLANTS §§ 321 to 325. Omitted Editorial Notes CODIFICATION Section 321, acts Apr. 5, 1944, ch. 172, § 1, 58 Stat. 190; Mar. 15, 1948, ch. 117, 62 Stat. 79; Sept. 22, 1950, ch. 988, § 1, 64 Stat. 905, authorized the Secretary of the Interior for not more than eleven years to construct, maintain, and operate plants producing synthetic liquid fuel from coal, oil shale, agricultural and forestry products and prescribed the size of the plants and amount of produc- tion. Section 322, act Apr. 5, 1944, ch. 172, § 2, 58 Stat. 190, in order to carry out the 11 year demonstration plant program, authorized laboratory research and develop- ment, acquisition by purchase of license of secret proc- esses, inventions, etc., acquisition of land, plants, etc., contracting for personnel, and cooperation with other Federal and State agencies. See note for section 321 above. Section 323, acts Apr. 5, 1944, ch. 172, § 3, 58 Stat. 191; Oct. 31, 1951, ch. 654, § 4(2), 65 Stat. 709, related to li- censes and patent rights under the 11 year demonstra- tion plant program. See note for section 321 above. Section 324, act Apr. 5, 1944, ch. 172, § 4, 58 Stat. 191, provided that moneys received under this chapter for products and royalties from the 11 year demonstration plant program be paid into the Treasury as miscella- neous receipts and a report to Congress on all oper- ations under this chapter be rendered by the Secretary on or before the first day of January of each year. See note for section 321 above. Section 325, act Apr. 5, 1944, ch. 172, § 5, 58 Stat. 191, authorized the Secretary to issue rules and regulations to carry out the 11 year demonstration plant progra

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