30 U.S.C. § 1007 — Readjustment of lease terms and conditions
submitted 56 years ago by Pub. L. 91-581 to r/title-30-MINERAL-LANDS-AND-MINING · 415 words · no verdicts yet
This section permits periodic changes to geothermal lease terms and, on a later schedule, rentals and royalties. It gives lessees notice and objection rights and requires another Federal agency’s approval for certain surface-use changes.
(a) Initial readjustment; periodic intervals; notice; objections, relinquishment, and termination. The Secretary may readjust the terms and conditions of a geothermal lease issued under this chapter, unless this chapter provides otherwise, at intervals of at least 10 years beginning 10 years after the date on which the Secretary determines geothermal steam is produced. Every such lease must provide for this readjustment. The Secretary must give the lessee notice of a proposed readjustment. Unless the lessee objects to the proposed terms or gives up the lease within 30 days after receiving notice, the lessee is conclusively treated as agreeing to those terms and conditions. If the lessee objects and the Secretary and lessee cannot agree within a period of at least 60 days, either party may terminate the lease. (b) Rentals and royalties; initial readjustment; periodic intervals; limitation on increases and on royalties; notice; objections, relinquishment, and termination. The Secretary may readjust the rentals and royalties of a geothermal lease at intervals of at least 20 years beginning 35 years after the date on which the Secretary determines geothermal steam is produced. Neither the rental nor the royalty may increase by more than 50 percent over the rental or royalty paid during the preceding period. Every such lease must provide for this readjustment. The Secretary must give the lessee notice of a proposed readjustment of rentals and royalties. Unless the lessee objects to the proposed rentals and royalties or gives up the lease within 30 days after receiving notice, the lessee is conclusively treated as agreeing to those terms and conditions. If the lessee objects and the Secretary and lessee cannot agree within a period of at least 60 days, either party may terminate the lease. (c) Surface use, protection, or restoration of lands withdrawn or acquired for Federal agency; notice; approval of agency. A readjustment of lease terms about using, protecting, or restoring the surface of land withdrawn or acquired to support a function of a Federal department or agency other than the Interior Department may be made only after notice to, and approval by, that department or agency.
The Secretary may readjust the terms and conditions, except as otherwise provided herein, of any geothermal lease issued under this chapter 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 proposed terms or relinquishes the lease within thirty days after receipt of such notice, the lessee 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.
The Secretary may readjust the rentals and royalties of any geothermal lease issued under this chapter at not less than twenty-year intervals beginning thirty-five years after the date geothermal steam is produced, as determined by the Secretary. In the event of any such readjustment neither the rental nor royalty may be increased by more than 50 per centum over the rental or royalty paid during the preceding period. Each geothermal lease issue 1 under this chapter shall provide for such readjustment. The Secretary shall give notice of any proposed readjustment of rentals and royalties, and, unless the lessee files with the Secretary objection to the proposed rentals and royalties or relinquishes the lease within thirty days after receipt of such notice, the lessee 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.
Any readjustment of the terms and conditions as to use, protection, or restoration of the surface 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 Interior may be made only upon notice to, and with the approval of, such department or agency.
Source credit: (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.)
- 1970Enacted · Pub. L. 91-581 · 84 Stat. 1569
- 2005Amended · Pub. L. 109-58 · 119 Stat. 668, 672
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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