30 U.S.C. § 1003 : US Code - Section 1003: Leasing procedures

Search 30 U.S.C. § 1003 : US Code - Section 1003: Leasing procedures

(a) Nominations
The Secretary shall accept nominations of land to be leased at
any time from qualified companies and individuals under this
chapter.
(b) Competitive lease sale required
(1) In general
Except as otherwise specifically provided by this chapter, all
land to be leased that is not subject to leasing under subsection
(c) of this section shall be leased as provided in this
subsection to the highest responsible qualified bidder, as
determined by the Secretary.
(2) Competitive lease sales
The Secretary shall hold a competitive lease sale at least once
every 2 years for land in a State that has nominations pending
under subsection (a) of this section if the land is otherwise
available for leasing.
(3) Lands subject to mining claims
Lands that are subject to a mining claim for which a plan of
operations has been approved by the relevant Federal land
management agency may be available for noncompetitive leasing
under this section to the mining claim holder.
(c) Noncompetitive leasing
The Secretary shall make available for a period of 2 years for
noncompetitive leasing any tract for which a competitive lease sale
is held, but for which the Secretary does not receive any bids in a
competitive lease sale.
(d) Pending lease applications
(1) In general
It shall be a priority for the Secretary, and for the Secretary
of Agriculture with respect to National Forest Systems land, to
ensure timely completion of administrative actions, including
amendments to applicable forest plans and resource management
plans, necessary to process applications for geothermal leasing
pending on August 8, 2005.(!1) All future forest plans and
resource management plans for areas with high geothermal resource
potential shall consider geothermal leasing and development.
(2) Administration
An application described in paragraph (1) and any lease issued
pursuant to the application -
(A) except as provided in subparagraph (B), shall be subject
to this section as in effect on the day before August 8, 2005;
or
(B) at the election of the applicant, shall be subject to
this section as in effect on August 8, 2005.
(e) Leases sold as a block
If information is available to the Secretary indicating a
geothermal resource that could be produced as 1 unit can reasonably
be expected to underlie more than 1 parcel to be offered in a
competitive lease sale, the parcels for such a resource may be
offered for bidding as a block in the competitive lease sale.
(f) Leasing for direct use of geothermal resources
Notwithstanding subsection (b) of this section, the Secretary may
identify areas in which the land to be leased under this chapter
exclusively for direct use of geothermal resources, without sale
for purposes other than commercial generation of electricity, may
be leased to any qualified applicant that first applies for such a
lease under regulations issued by the Secretary, if the Secretary -

(1) publishes a notice of the land proposed for leasing not
later than 90 days before the date of the issuance of the lease;
(2) does not receive during the 90-day period beginning on the
date of the publication any nomination to include the land
concerned in the next competitive lease sale; and
(3) determines there is no competitive interest in the
geothermal resources in the land to be leased.
(g) Area subject to lease for direct use
(1) In general
Subject to paragraph (2), a geothermal lease for the direct use
of geothermal resources shall cover not more than the quantity of
acreage determined by the Secretary to be reasonably necessary
for the proposed use.
(2) Limitations
The quantity of acreage covered by the lease shall not exceed
the limitations established under section 1006 of this title.