30 U.S.C. § 1019 — Disposal of moneys from sales, bonuses,

Page 222 TITLE 30—MINERAL LANDS AND MINING § 1018 modify, from time to time, the rate of prospecting and development and the quantity and rate of production under the unit agree- ment. (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 deter- mining holdings or control under section 1006 of this title. (e) Pooling of certain land If separate tracts of land cannot be independ- ently developed and operated to use geothermal resources pursuant to any section of this chap- ter— (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 develop- ment 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 ap- proval 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 com- ment, eliminate from inclusion in the unit agreement any land that the Secretary de- termines 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 deter- mined 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 re- quirements 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 con- servation 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 drill- ing or development contract, and interest under the contract, shall be excepted in deter- mining 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, § 18, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 100–443, § 4, Sept. 22, 1988, 102 Stat. 1768; Pub. L. 109–58, title II, § 227, Aug. 8, 2005, 119 Stat. 666.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 inserted section catchline and amended text generally. Prior to amendment, text re- lated to cooperative or unit plan of development or op- eration 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 pur- poses of State acreage limitation. 1988—Pub. L. 100–443, § 4, inserted provisions relating to five year review of plans and elimination of leases from plans. § 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 geo- thermal steam produced or to be produced for conversion to electric power or other purposes. Data given to any department or agency as con- fidential 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 fur- nished such information. (Pub. L. 91–581, § 19, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 109–58, title II, § 236(18), Aug. 8, 2005, 119 Stat. 673.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 inserted section catchline. § 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 sub- section (b) of section 191 of this title and section 1004(a)(2) of this title— (1) 50 percent shall be paid to the State with- in 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 lo- cated. Page 223 TITLE 30—MINERAL LANDS AND MINING § 1023 (b) Use of payments Amounts paid to a State or county under sub- section (a) shall be used consistent with the terms of section 191 of this title. (Pub. L. 91–581, § 20, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 100–443, § 5(a), Sept. 22, 1988, 102 Stat. 1768; Pub. L. 103–66, title X, § 10202(b), Aug. 10, 1993, 107 Stat. 408; Pub. L. 109–58, title II, § 224(b), Aug. 8, 2005, 119 Stat. 663.) Editorial Notes 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, bo- nuses, 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 provi- sions 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 re- ceived 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 pub- lic lands. Moneys received under this chapter from other lands shall be disposed of in the same manner as other receipts from such lands.’’ § 1020. Publication in Federal Register; reserva- tion 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 appro- priate proceeding in the United States district court of the district in which such lands are lo- cated, 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 determina- tion that Federal mineral reservation does not include geothermal resources the duties of the Secretary of the Interior to report and of the At- torney General to institute proceedings, as here- inbefore set forth, shall cease. (Pub. L. 91–581, § 21, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 109–58, title II, § 236(1), (3), (19), Aug. 8, 2005, 119 Stat. 671, 673.) Editorial Notes 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 re- sources’’, and struck out subsec. (a) which read as fol- lows: ‘‘Within one hundred and twenty days after De- cember 24, 1970, the Secretary shall cause to be pub- lished in the Federal Register a determination of all lands which were included within any known geo- thermal resources area on December 24, 1970. He shall likewise publish in the Federal Register from time to time his determination of other known geothermal re- sources areas specifying in each case the date the lands were included in such area; and’’. § 1021. Federal exemption from State water laws Nothing in this chapter shall constitute an ex- press or implied claim or denial on the part of the Federal Government as to its exemption from State water laws. (Pub. L. 91–581, § 22, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109–58, title II, § 236(20), Aug. 8, 2005, 119 Stat. 673.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 inserted section catchline. § 1022. Prevention of waste; exclusivity (a) All leases under this chapter shall be sub- ject to the condition that the lessee will, in con- ducting his exploration, development, and pro- ducing operations, use all reasonable pre- cautions to prevent waste of geothermal re- sources 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, § 23, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109–58, title II, § 236(1), (21), Aug. 8, 2005, 119 Stat. 671, 673.) Editorial Notes 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). § 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 regula- tions may include, without limitation, provi- sions for (a) the prevention of waste, (b) develop- ment and conservation of geothermal and other natural resources, (c) the protection of the pub- lic interest, (d) assignment, segregation, exten- sion of terms, relinquishment of leases, develop- ment contracts, unitization, pooling, and drill- ing agreements, (e) compensatory royalty agree- ments, suspension of operations or production, and suspension or reduction of rentals or royal- ties, (f) the filing of surety bonds to assure com- pliance with the terms of the lease and to pro- tect surface use and resources, (g) use of the sur- face 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 quali- ties.