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42 U.S.C. § 15871Coordination of geothermal leasing and permitting on Federal lands

submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 270 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretaries of the Interior and Agriculture had to agree on how to coordinate geothermal leasing. This covers both public lands and national forest lands. Their plan needed processing timelines and a 90 percent cut to the old application backlog.

(a) In general. Within 180 days after August 8, 2005, the Secretary of the Interior and the Secretary of Agriculture had to write and send Congress a memorandum of understanding. It had to follow this section, the Geothermal Steam Act of 1970 (as amended), and other applicable laws, covering how the two Secretaries would coordinate leasing and permitting for geothermal development on public lands and National Forest System lands under their control. (b) Lease and permit applications. The memorandum of understanding had to (1) set up an administrative procedure for processing geothermal lease applications — including who has authority, the steps involved, and time limits; (2) create a 5-year program for geothermal leasing on National Forest System lands, updated every 5 years; and (3) create a program to cut the backlog of geothermal lease applications pending on January 1, 2005, by 90 percent within 5 years of August 8, 2005 — by issuing leases, rejecting applications that don't follow the rules they were filed under, or determining that the original applicant (or their heirs, assigns, or estate) no longer wants the lease. (c) Data retrieval system. The memorandum of understanding also had to set up a shared data retrieval system that can track lease and permit applications, tell applicants their status within both the Interior and Agriculture Departments, and estimate how long the government will take to act.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Not later than 180 days after August 8, 2005, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to Congress a memorandum of understanding in accordance with this section, the Geothermal Steam Act of 1970 (as amended by this Act) [30 U.S.C. 1001 et seq.], and other applicable laws, regarding coordination of leasing and permitting for geothermal development of public lands and National Forest System lands under their respective jurisdictions.

(b) Lease and permit applications

The memorandum of understanding shall—

(1)

establish an administrative procedure for processing geothermal lease applications, including lines of authority, steps in application processing, and time limits for application procession;

(2)

establish a 5-year program for geothermal leasing of lands in the National Forest System, and a process for updating that program every 5 years; and

(3)

establish a program for reducing the backlog of geothermal lease application pending on January 1, 2005, by 90 percent within the 5-year period beginning on August 8, 2005, including, as necessary, by issuing leases, rejecting lease applications for failure to comply with the provisions of the regulations under which they were filed, or determining that an original applicant (or the applicant’s assigns, heirs, or estate) is no longer interested in pursuing the lease application.

(c) Data retrieval system

The memorandum of understanding shall establish a joint data retrieval system that is capable of tracking lease and permit applications and providing to the applicant information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action.

Source credit: (Pub. L. 109–58, title II, § 225, Aug. 8, 2005, 119 Stat. 665.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-58 · 119 Stat. 665

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.

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