30 U.S.C. § 1006 — Acreage limitations

Page 218 TITLE 30—MINERAL LANDS AND MINING § 1006 utilization by a facility or facilities, has not been completed (1) due to administrative delays by govern- ment 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 De- cember 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 Sys- tem: ‘‘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 dele- tions from the list. Not later than the 60th day from the date on which the proposed list was published in the Federal Register, the Secretary shall transmit the list to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insu- lar Affairs of the House of Representatives together with copies of all public comments which he has re- ceived 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 cri- teria in determining the significance of thermal fea- tures: ‘‘(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 author- ized 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 pro- gram for those significant thermal features listed pur- suant to subsection (a) of this section. ‘‘(c) Upon receipt of an application for a geothermal lease the Secretary shall determine on the basis of sci- entific evidence if exploration, development, or utiliza- tion of the lands subject to the geothermal lease appli- cation is reasonably likely to result in a significant ad- verse effect on a significant thermal feature listed pur- suant to subsection (a) of this section. Such determina- tion shall be subject to notice and public comment. If the Secretary determines on the basis of scientific evi- dence 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 Sec- retary’s determination, in a significant adverse effect on a significant thermal feature listed pursuant to sub- section (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 deter- mination 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, tempo- rarily or permanently, on the lease if the Secretary determines that ongoing exploration, development, or utilization activities are having a significant ad- verse 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 adminis- tered 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 re- sponsibilities 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 ef- fect until Congress determines otherwise.’’ § 1006. Acreage limitations A geothermal lease shall embrace a reasonably compact area of not more than 5,120 acres, ex- cept 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 ac- quired directly from the Secretary under this chapter or otherwise, any direct or indirect in- terest in Federal geothermal leases in any one State exceeding 51,200 acres, including leases ac- quired under the provisions of section 1003 of this title. (Pub. L. 91–581, § 7, Dec. 24, 1970, 84 Stat. 1569; Pub. L. 109–58, title II, § 235, Aug. 8, 2005, 119 Stat. 671.) Page 219 TITLE 30—MINERAL LANDS AND MINING § 1009 1 So in original. Probably should be ‘‘issued’’. Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 inserted section catchline, sub- stituted ‘‘5,120 acres’’ for ‘‘two thousand five hundred and sixty acres’’ and ‘‘51,200 acres’’ for ‘‘twenty thou- sand 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 Sec- retary, after public hearings, may increase this max- imum holding in any one State by regulation, not to exceed fifty-one thousand two hundred acres.’’ § 1007. Readjustment of lease terms and condi- tions (a) Initial readjustment; periodic intervals; no- tice; objections, relinquishment, and termi- nation The Secretary may readjust the terms and conditions, except as otherwise provided herein, of any geothermal lease issued under this chap- ter 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 pro- posed terms or relinquishes the lease within thirty days after receipt of such notice, the les- see 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, relin- quishment, and termination The Secretary may readjust the rentals and royalties of any geothermal lease issued under this chapter at not less than twenty-year inter- vals beginning thirty-five years after the date geothermal steam is produced, as determined by the Secretary. In the event of any such readjust- ment neither the rental nor royalty may be in- creased by more than 50 per centum over the rental or royalty paid during the preceding pe- riod. Each geothermal lease issue 1 under this chapter shall provide for such readjustment. The Secretary shall give notice of any proposed read- justment of rentals and royalties, and, unless the lessee files with the Secretary objection to the proposed rentals and royalties or relin- quishes the lease within thirty days after re- ceipt of such notice, the lessee shall conclu- sively be deemed to have agreed with such terms and conditions. If the lessee files objections, and no agreement can be reached between the Sec- retary and the lessee within a period of not less than sixty days, the lease may be terminated by either party. (c) Surface use, protection, or restoration of lands withdrawn or acquired for Federal agency; notice; approval of agency Any readjustment of the terms and conditions as to use, protection, or restoration of the sur- face 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 Inte- rior may be made only upon notice to, and with the approval of, such department or agency. (Pub. L. 91–581, § 8, Dec. 24, 1970, 84 Stat. 1569; Pub. L. 109–58, title II, §§ 229, 236(8), Aug. 8, 2005, 119 Stat. 668, 672.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58, § 236(8), inserted section catch- line. Subsec. (b). Pub. L. 109–58, § 229, substituted ‘‘period’’ for ‘‘period, and in no event shall the royalty payable exceed 221⁄2 per centum’’ in second sentence. § 1008. Byproducts If the production, use, or conversion of geo- thermal steam is susceptible of producing a val- uable byproduct or byproducts, including com- mercially 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 satis- factory 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, § 9, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(9), Aug. 8, 2005, 119 Stat. 672.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 inserted section catchline. § 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 relinquish- ment shall be effective as of the date of its fil- ing. 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 ob- ligation to drill, accrued at the date of the relin- quishment, 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 suspen- sion or abandonment, and (3) to protect or re- store substantially the surface and surface re- sources. (Pub. L. 91–581, § 10, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(10), Aug. 8, 2005, 119 Stat. 672.)