30 U.S.C. § 1003 — Leasing procedures

(a) Nominations. The Secretary must accept, at any time, nominations of land for leasing from qualified companies and individuals under this chapter. (b) Competitive lease sale required. (1) Unless this chapter specifically says otherwise, land available for leasing and not covered by subsection (c) must be leased under this subsection to the highest responsible qualified bidder chosen by the Secretary. (2) At least once every 2 years, the Secretary must hold a competitive sale for otherwise available land in a State when nominations are pending under subsection (a). (3) Land covered by a mining claim with an approved plan of operations may be available for a noncompetitive lease to the claim holder. (4) Land under an oil-and-gas lease issued under the Mineral Leasing Act or the Mineral Leasing Act for Acquired Lands, with an approved drilling-permit application and ongoing oil-and-gas production, may be available for a noncompetitive lease under subsection (c) to the oil-and-gas lessee if: (A) the Secretary determines that geothermal energy will come from a well producing, or able to produce, oil and gas; and (B) the lease will allow geothermal energy to be produced together with oil and gas. (c) Noncompetitive leasing. If a competitive sale is held for a tract but no one bids, the Secretary must make the tract available for noncompetitive leasing for 2 years. (d) Pending lease applications. (1) The Secretary, and the Secretary of Agriculture for National Forest System land, must treat as a priority the timely administrative actions needed to process geothermal-lease applications pending on August 8, 2005, including amendments to forest and resource-management plans. Future plans for areas with high geothermal potential must consider geothermal leasing and development. (2) Such an application and any resulting lease are governed by this section as it existed the day before August 8, 2005, unless the applicant chooses to use this section as it existed on August 8, 2005. (e) Leases sold as a block. If information indicates that one geothermal resource lies under more than one parcel offered in a competitive sale and could reasonably be produced as one unit, the parcels may be offered for bids as one block. (f) Leasing for direct use. Despite subsection (b), the Secretary may identify land to be leased only for direct geothermal use, without sale for anything other than commercial electricity generation. The first qualified applicant may receive the lease under the Secretary’s regulations if the Secretary: (1) publishes notice at least 90 days before issuing the lease; (2) receives no nomination during the 90 days to include the land in the next competitive sale; and (3) finds no competitive interest in the geothermal resources. (g) Area subject to lease for direct use. (1) A direct-use geothermal lease may cover no more acreage than the Secretary finds reasonably necessary for the proposed use. (2) It may not exceed the limits in section 1006 of this title.