PRIA, Government Policy, Made Personal

Summary

The Secretary can change a geothermal lease’s terms every 10 years, starting 10 years after steam is first produced. Each lease must allow for this. The Secretary will send a notice of proposed changes. The leaseholder has 30 days after getting the notice to object or give up the lease. If the leaseholder does nothing, they are treated as agreeing. If they object and no agreement is reached within at least 60 days, either the Secretary or the leaseholder can end the lease. The Secretary can change rentals and royalties every 20 years, starting 35 years after production. Any increase can’t be more than 50% over the prior amount. The same 30-day notice, 60-day negotiation, and termination rules apply. If the land’s surface is controlled by another federal agency, that agency must be told and must approve any changes about surface use, protection, or restoration.

Title 30, §1007

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)Initial readjustment; periodic intervals; notice; objections, relinquishment, and termination

The Secretary may readjust the terms and conditions, except as otherwise provided herein, of any geothermal lease issued under this chapter at not less than ten-year intervals beginning ten years after the date the geothermal steam is produced, as determined by the Secretary. Each geothermal lease issued under this chapter shall provide for such readjustment. The Secretary shall give notice of any proposed readjustment of terms and conditions, and, unless the lessee files with the Secretary objection to the proposed terms or relinquishes the lease within thirty days after receipt of such notice, the lessee shall conclusively be deemed to have agreed with such terms and conditions. If the lessee files objections, and no agreement can be reached between the Secretary and the lessee within a period of not less than sixty days, the lease may be terminated by either party.

(b)Rentals and royalties; initial readjustment; periodic intervals; limitation on increases and on royalties; notice; objections, relinquishment, and termination

The Secretary may readjust the rentals and royalties of any geothermal lease issued under this chapter at not less than twenty-year intervals beginning thirty-five years after the date geothermal steam is produced, as determined by the Secretary. In the event of any such readjustment neither the rental nor royalty may be increased by more than 50 per centum over the rental or royalty paid during the preceding period. Each geothermal lease issue under this chapter shall provide for such readjustment. The Secretary shall give notice of any proposed readjustment of rentals and royalties, and, unless the lessee files with the Secretary objection to the proposed rentals and royalties or relinquishes the lease within thirty days after receipt of such notice, the lessee shall conclusively be deemed to have agreed with such terms and conditions. If the lessee files objections, and no agreement can be reached between the Secretary and the lessee within a period of not less than sixty days, the lease may be terminated by either party.

(c)Surface use, protection, or restoration of lands withdrawn or acquired for Federal agency; notice; approval of agency

Any readjustment of the terms and conditions as to use, protection, or restoration of the surface of any lease of lands withdrawn or acquired in aid of a function of a Federal department or agency other than the Department of the Interior may be made only upon notice to, and with the approval of, such department or agency.

Editorial Notes

Amendments

2005—Pub. L. 109–58, § 236(8), inserted section catchline. Subsec. (b). Pub. L. 109–58, § 229, substituted “period” for “period, and in no event shall the royalty payable exceed 22½ per centum” in second sentence.

§1007 Readjustment of Lease Terms and Conditions

Summary

Title 30, §1007

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata