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30 U.S.C. § 1005Lease term and work commitment requirements

submitted 56 years ago by Pub. L. 91-581 to r/title-30-MINERAL-LANDS-AND-MINING · 801 words · no verdicts yet

in plain englishAI-generated · not legal advice

Geothermal leases normally last 10 years and may receive two 5-year extensions when work or substitute payments meet the statutory rules. Other provisions cover transition extensions, mining claims, commercial production, drilling, renewals, and minerals unrelated to geothermal resources.

(a) (1) A geothermal lease has a 10-year primary term. (2) The Secretary must extend it 5 years if, for each year after year 10, the lessee either satisfied the work commitment under subsection (b) or made the subsection (c) annual payment. (3) After that first extension, the Secretary must grant another 5 years if the lessee satisfied the minimum work requirements for every year of the first extension. (b) (1) For every year after year 10, the lessee must meet the Secretary’s minimum work requirements. (2) Regulations must set requirements that establish geothermal potential and, once potential is established, confirm producible geothermal resources. (c) Instead of the subsection (b)(2) work, regulations must set minimum annual payments for a limited number of years that will not hinder diligent development; the number may not exceed the extension period in subsection (a). (d) Regulations must set transition rules for leases issued before August 8, 2005, including terms allowing a lease near expiration on that date to be extended up to 2 years to achieve production or include it in a producing unit. (e) (1) A lessee of geothermal land over a mining claim with an approved operating plan is exempt from annual work requirements if geothermal development would interfere with mining. (2) The exemption ends when mining ends. (f) Minimum work requirements stop applying after the geothermal resource is used in commercial quantities. (g) A lease on land where actual drilling began before the primary term ended and was being diligently pursued must be extended 5 years and then as long as steam is produced or used commercially, but no more than 35 years. If commercial production or use continues at the end and the land is not needed for another purpose, the lessee has a preferential right to renew for a second term on terms the Secretary sets. (h) Unless this section provides otherwise, “produced or utilized in commercial quantities” means completing a well producing geothermal steam commercially. It also includes completing a well able to do so if the Secretary finds diligent efforts are being made to use the steam. This section does not define the term beyond these rules. (i) Minerals locatable under United States mining laws, in leased land, that are not associated with the land’s geothermal resources as defined in section 1001(c), remain locatable under those laws according to the Multiple Mineral Development Act.
the actual law source: uscode.house.gov ↗public domain
(a) In general
(1) Primary term

A geothermal lease shall be for a primary term of 10 years.

(2) Initial extension

The Secretary shall extend the primary term of a geothermal lease for 5 years if, for each year after the 10th year of the lease—

(A)

the Secretary determined under subsection (b) that the lessee satisfied the work commitment requirements that applied to the lease for that year; or

(B)

the lessee paid in annual payments accordance with subsection (c).

(3) Additional extension

The Secretary shall extend the primary term of a geothermal lease (after an initial extension under paragraph (2)) for an additional 5 years if, for each year of the initial extension under paragraph (2), the Secretary determined under subsection (b) that the lessee satisfied the minimum work requirements that applied to the lease for that year.

(b) Requirement to satisfy annual minimum work requirement
(1) In general

The lessee for a geothermal lease shall, for each year after the 10th year of the lease, satisfy minimum work requirements prescribed by the Secretary that apply to the lease for that year.

(2) Prescription of minimum work requirements

The Secretary shall issue regulations prescribing minimum work requirements for geothermal leases, that—

(A)

establish a geothermal potential; and

(B)

if a geothermal potential has been established, confirm the existence of producible geothermal resources.

(c) Payments in lieu of minimum work requirements

In lieu of the minimum work requirements set forth in subsection (b)(2), the Secretary shall by regulation establish minimum annual payments which may be made by the lessee for a limited number of years that the Secretary determines will not impair achieving diligent development of the geothermal resource, but in no event shall the number of years exceed the duration of the extension period provided in subsection (a).

(d) Transition rules for leases issued prior to August 8, 2005

The Secretary shall by regulation establish transition rules for leases issued before August 8, 2005, including terms under which a lease that is near the end of its term on August 8, 2005, may be extended for up to 2 years—

(1)

to allow achievement of production under the lease; or

(2)

to allow the lease to be included in a producing unit.

(e) Geothermal lease overlying mining claim
(1) Exemption

The lessee for a geothermal lease of an area overlying an area subject to a mining claim for which a plan of operations has been approved by the relevant Federal land management agency is exempt from annual work requirements established under this chapter, if development of the geothermal resource subject to the lease would interfere with the mining operations under such claim.

(2) Termination of exemption

An exemption under this paragraph expires upon the termination of the mining operations.

(f) Termination of application of requirements

Minimum work requirements prescribed under this section shall not apply to a geothermal lease after the date on which the geothermal resource is utilized under the lease in commercial quantities.

(g) Cooperative or unit plan for drilling operations; extension of term; renewal

Any lease for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of its primary term and are being diligently prosecuted at that time shall be extended for five years and so long thereafter, but not more than thirty-five years, as geothermal steam is produced or utilized in commercial quantities. If, at the end of such extended term, steam is being produced or utilized in commercial quantities and the lands are not needed for other purposes, the lessee shall have a preferential right to a renewal of such lease for a second term in accordance with such terms and conditions as the Secretary deems appropriate.

(h) “Produced or utilized in commercial quantities” defined

Except as otherwise provided for in this section, for purposes of this section the term “produced or utilized in commercial quantities” means the completion of a well producing geothermal steam in commercial quantities. Such term shall also include the completion of a well capable of producing geothermal steam in commercial quantities so long as the Secretary determines that diligent efforts are being made toward the utilization of the geothermal steam.

(i) Principles for location of minerals under mining laws when minerals are not associated with geothermal resources

Minerals locatable under the mining laws of the United States in lands subject to a geothermal lease issued under the provisions of this chapter which are not associated with the geothermal resources of such lands as defined in section 1001(c) of this title shall be locatable under said mining laws in accordance with the principles of the Multiple Mineral Development Act (68 Stat. 708; found in 30 U.S.C. 521 et seq.).

Source credit: (Pub. L. 91–581, § 6, Dec. 24, 1970, 84 Stat. 1568; Pub. L. 100–443, §§ 2(b), 3, Sept. 22, 1988, 102 Stat. 1766; Pub. L. 109–58, title II, §§ 231, 236(1), Aug. 8, 2005, 119 Stat. 668, 671.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-581 · 84 Stat. 1568
  • 1988Amended · Pub. L. 100-443 · 102 Stat. 1766
  • 2005Amended · Pub. L. 109-58 · 119 Stat. 668, 671

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-581 on 1970-12-24.

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