Notes on 30 U.S.C. § 1005 : US Code - Notes

Search Notes on 30 U.S.C. § 1005 : US Code - Notes

(Pub. L. 91-581, Sec. 6, Dec. 24, 1970, 84 Stat. 1568; Pub. L. 100-
443, Secs. 2(b), 3, Sept. 22, 1988, 102 Stat. 1766; Pub. L. 109-
58, title II, Secs. 231, 236(1), Aug. 8, 2005, 119 Stat. 668,
671.)
REFERENCES IN TEXT
The mining laws of the United States, referred to in subsec. (i),
are classified generally to this title.
The Multiple Mineral Development Act, referred to in subsec. (i),
is act Aug. 13, 1954, ch. 730, 68 Stat. 708, as amended, which is
classified principally to chapter 12 (Sec. 521 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 521 of this title and
Tables.
CODIFICATION
August 8, 2005, referred to in introductory provisions of subsec.
(d), was in the original "the date of the enactment of this
subsection" and "the date of enactment of this subsection", which
was translated as meaning the date of enactment of Pub. L. 109-58,
which substantially amended this section, to reflect the probable
intent of Congress.
AMENDMENTS
2005 - Pub. L. 109-58 inserted section catchline, added subsecs.
(a) to (f), redesignated former subsecs. (c), (d), and (f) as (g),
(h), and (i), respectively, substituted "geothermal resources" for
"geothermal steam and associated geothermal resources" in subsec.
(i), and struck out former subsecs. (a), (b), (e), and (g) to (j),
which related to primary and continuation terms, renewals,
conversions to mineral leases, five-year extensions, bona fide
effort requirement for extensions, payments in lieu of commercial
quantities production, and significant expenditure, respectively.
1988 - Subsec. (d). Pub. L. 100-443, Sec. 2(b), amended subsec.
(d) generally. Prior to amendment, subsec. (d) read as follows:
"For purposes of subsection (a) of this section, production or
utilization of geothermal steam in commercial quantities shall be
deemed to include the completion of one or more wells producing or
capable of producing geothermal steam in commercial quantities and
a bona fide sale of such geothermal steam for delivery to or
utilization by a facility or facilities not yet installed but
scheduled for installation not later than fifteen years from the
date of commencement of the primary term of the lease."
Subsecs. (g) to (j). Pub. L. 100-443, Sec. 3, added subsecs. (g)
to (j).
CONSISTENCY PROVISION
Section 9 of Pub. L. 100-443 provided that: "To the extent that
any provision in this Act [see Short Title of 1988 Amendment note
set out under section 1001 of this title] is inconsistent with the
provisions of section 115(2) of title I of section 101(h) of Public
Law 99-591 (100 Stat. 3341-264 through 100 Stat. 3341-266) [set out
below], this Act shall be deemed to supersede the provisions of
such section."
EXTENSION OF LEASE; LISTING, MONITORING AND PROTECTION OF
SIGNIFICANT THERMAL FEATURES IN NATIONAL PARK SYSTEM; FACTORS
CONSIDERED IN ISSUING OR DENYING LEASES; EFFECT ON OTHER PROVISIONS
Pub. L. 99-500, Sec. 101(h) [title I, Sec. 115], Oct. 18, 1986,
100 Stat. 1783-242, 1783-264, and Pub. L. 99-591, Sec. 101(h)
[title I, Sec. 115], Oct. 30, 1986, 100 Stat. 3341-242, 3341-264,
as amended by Pub. L. 106-510, Sec. 3(a)(2), (b)(2), Nov. 13, 2000,
114 Stat. 2363, provided that:
"(1) The primary term of any geothermal lease in effect as of
July 27, 1984, issued pursuant to the Geothermal [Steam] Act of
1970 (Public Law 91-581, 84 Stat. 1566, 30 U.S.C. 1001-1025) is
hereby extended to December 31, 1988, if the Secretary of the
Interior finds that -
"(a) a bona fide sale of the geothermal resource, from a well
capable of production, for delivery to or utilization by a
facility or facilities, has not been completed (1) due to
administrative delays by government entities, beyond the control
of the lessee, or (2) such sale would be uneconomic;
"(b) substantial investment in the development of or for the
benefit of the lease has been made; and
"(c) the lease would otherwise expire prior to December 31,
1988.
"(2)(a) The Secretary of the Interior (hereinafter in this
section referred to as 'the Secretary' shall publish for public
comment in the Federal Register within 120 days after the date of
enactment of this section [Oct. 18, 1986] a proposed list of
significant thermal features within the following units of the
National Park System:
"Mount Rainier National Park;
"Lassen Volcanic National Park;
"Yellowstone National Park;
"Bering Land Bridge National Preserve;
"Gates of the Arctic National Park and Preserve;
"Yukon-Charley Rivers National Preserve;
"Katmai National Park;
"Aniakchak National Monument and Preserve;
"Wrangell-St. Elias National Park and Preserve;
"Glacier Bay National Park and Preserve;
"Denali National Park and Preserve;
"Lake Clark National Park and Preserve;
"Hot Springs National Park;
"Sequoia National Park;
"Hawai'i Volcanoes National Park;
"Lake Mead National Recreation Area;
"Big Bend National Park;
"Olympic National Park;
"Grand Teton National Park;
"John D. Rockefeller, Jr. Memorial Parkway;
"Haleakala National Park; and
"Crater Lake National Park.
The Secretary shall include with such list the basis for his
determination with respect to each thermal feature on the list.
Based on public comment on such list, the Secretary is authorized
to make additions to or deletions from the list. Not later than the
60th day from the date on which the proposed list was published in
the Federal Register, the Secretary shall transmit the list to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives together with copies of all public comments which
he has received and indicating any additions to or deletions from
the list with a statement of the reasons therefor and the basis for
inclusion of each thermal feature on the list. The Secretary shall
consider the following criteria in determining the significance of
thermal features:
"(1) size, extent, and uniqueness;
"(2) scientific and geologic significance;
"(3) the extent to which such features remain in a natural,
undisturbed condition; and
"(4) significance of thermal features to the authorized
purposes for which the National Park System unit was created.
The Secretary shall not issue any geothermal lease pursuant to the
Geothermal Steam Act of 1970 (Public Law 91-581, 84 Stat. 1566), as
amended [30 U.S.C. 1001 et seq.], until such time as the Secretary
has transmitted the list to the Committees of Congress as provided
in this section.
"(b) The Secretary shall maintain a monitoring program for those
significant thermal features listed pursuant to subsection (a) of
this section.
"(c) Upon receipt of an application for a geothermal lease the
Secretary shall determine on the basis of scientific evidence if
exploration, development, or utilization of the lands subject to
the geothermal lease application is reasonably likely to result in
a significant adverse effect on a significant thermal feature
listed pursuant to subsection (a) of this section. Such
determination shall be subject to notice and public comment. If the
Secretary determines on the basis of scientific evidence that the
exploration, development, or utilization of the land subject to the
geothermal lease application is reasonably likely to result in a
significant adverse effect on a significant thermal feature listed
pursuant to subsection (a) of this section, the Secretary shall not
issue such geothermal lease. In addition, the Secretary shall
withdraw from leasing under the Geothermal Steam Act of 1970, as
amended, those lands, or portion thereof, subject to the
application for geothermal lease, the exploration, development, or
utilization of which is reasonably likely to result, based on the
Secretary's determination, in a significant adverse effect on a
significant thermal feature listed pursuant to subsection (a) of
this section.
"(d) With respect to all geothermal leases issued after the date
of enactment of this section [Oct. 18, 1986] the Secretary shall
include stipulations in leases necessary to protect significant
thermal features listed pursuant to subsection (a) of this section
where a determination is made based on scientific evidence that the
exploration, development, or utilization of the lands subject to
the lease is reasonably likely to adversely affect such significant
features. Such stipulations shall include, but are not limited to:
"(1) requiring the lessee to reinject geothermal fluids into
the rock formations from which they originate;
"(2) requiring the lessee to report annually to the Secretary
on its activities;
"(3) requiring the lessee to continuously monitor geothermal
production and injection wells; and
"(4) requiring the lessee to suspend activity, temporarily or
permanently, on the lease if the Secretary determines that
ongoing exploration, development, or utilization activities are
having a significant adverse effect on significant thermal
features listed pursuant to subsection (a) of this section until
such time as the significant adverse effect is eliminated.
"(e) The Secretary of Agriculture shall consider the effects on
significant thermal features of those units of the National Park
System identified in subsection (a) of this section in determining
whether to consent to leasing under the Geothermal Steam Act of
1970, as amended, on national forest or other lands administered by
the Department of Agriculture available for leasing under the
Geothermal Steam Act of 1970, as amended, including public,
withdrawn, and acquired lands.
"(f) Nothing contained in this section shall affect the ban on
leasing under the Geothermal Steam Act of 1970, as amended, with
respect to the Island Park Known Geothermal Resources Area, as
provided for in Public Law 98-473 (98 Stat. 1837) [see Tables for
classification] and Public Law 99-190 (99 Stat. 1267) [see Tables
for classification].
"(g) Except as provided herein, nothing contained in this section
shall affect or modify the authorities or responsibilities of the
Secretary under the Geothermal Steam Act of 1970, as amended, or
any other provision of law.
"(h) The provisions of this section shall remain in effect until
Congress determines otherwise."