§1003 Leasing procedures

Summary

The Secretary must take land nominations at any time from qualified people or companies. Most land is leased by holding a competitive sale and giving the lease to the highest responsible bidder unless the law says otherwise. The Secretary must hold a competitive lease sale at least once every 2 years in any State that has nominations waiting, if the land can be leased. A mining claim with an approved plan may be leased without a competitive sale to the claim holder. Land already under an oil and gas lease with an approved permit and that is producing oil or gas may be leased without competition to that lease holder if geothermal can be produced from the same well and will be coproduced with oil or gas. If a competitive sale gets no bids, that tract can be offered for lease without competition for 2 years. The Secretary and the Secretary of Agriculture must finish needed administrative steps, including changes to forest and resource plans, to process geothermal lease applications that were pending on August 8, 2005, and future plans for high-potential areas must consider geothermal development. Applications pending on August 8, 2005, and leases from them follow the rules in effect the day before August 8, 2005, unless the applicant chooses the rules in effect on August 8, 2005. If a geothermal resource likely lies under more than one parcel, those parcels may be offered as a block. The Secretary may also lease land for direct use of geothermal resources without a competitive sale to the first qualified applicant if a notice is published at least 90 days before the lease, no nomination to include the land in the next competitive sale is filed during that 90-day period, and there is no competitive interest. Direct-use leases must only cover the acreage reasonably needed and must not exceed the limits in section 1006.