Title 42The Public Health and WelfareRelease 119-73

§15871 Coordination of geothermal leasing and permitting on Federal lands

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER II— - RENEWABLE ENERGY › Part Part B— - Geothermal Energy › § 15871

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior and the Secretary of Agriculture must, within 180 days after August 8, 2005, make and send Congress a written agreement about how they will coordinate geothermal leasing and permits on public lands and National Forest System lands. The agreement must set up a clear process for handling lease applications (who does what, the steps, and time limits). It must create a 5-year leasing plan for National Forest lands and update that plan every 5 years. It must cut the backlog of geothermal lease applications pending on January 1, 2005 by 90 percent within the 5-year period beginning on August 8, 2005, by issuing leases, rejecting noncompliant applications, or finding applicants no longer interested. It must also create a shared tracking system that tells applicants the status of their lease or permit and gives an estimated time for action.

Full Legal Text

Title 42, §15871

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Geothermal Steam Act of 1970, referred to in subsec. (a), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which is classified principally to chapter 23 (§ 1001 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see

Short Title

note set out under section 1001 of Title 30 and Tables. This Act, referred to in subsec. (a), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see

Short Title

note set out under section 15801 of this title and Tables.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15871

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73