§1014 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

Only the Secretary of the Interior can allow geothermal leases on lands the Interior withdrew or bought, and they must set the terms so the lands are used for their intended purpose. Lands held for the Department of Agriculture need that department head’s consent and terms. Lands covered by section 818 of title 16 need the Secretary of Energy’s consent and terms to protect power and related uses. Geothermal leases are not allowed on lands run under the Act of August 25, 1916 (39 Stat. 535), in national recreation areas, in fish hatcheries run by the Secretary, in wildlife refuges, ranges, or management areas (including waterfowl production areas), on lands kept to protect species threatened with extinction, or on tribally or individually owned Indian trust or restricted lands, inside or outside reservation boundaries.

Title 30, §1014

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)Geothermal leases for lands withdrawn or acquired in aid of functions of the Department of the Interior may be issued only under such terms and conditions as the Secretary may prescribe to insure adequate utilization of the lands for the purposes for which they were withdrawn or acquired.

(b)Geothermal leases for lands withdrawn or acquired in aid of functions of the Department of Agriculture may be issued only with the consent of, and subject to such terms and conditions as may be prescribed by, the head of that Department to insure adequate utilization of the lands for the purposes for which they were withdrawn or acquired. Geothermal leases for lands to which section 818 of title 16 is applicable, may be issued only with the consent of, and subject to, such terms and conditions as the Secretary of Energy may prescribe to insure adequate utilization of such lands for power and related purposes.

(c)Geothermal leases under this chapter shall not be issued for lands administered in accordance with (1) the Act of August 25, 1916 (39 Stat. 535),11 See References in Text note below. as amended or supplemented, (2) for lands within a national recreation area, (3) for lands in a fish hatchery administered by the Secretary, wildlife refuge, wildlife range, game range, wildlife management area, waterfowl production area, or for lands acquired or reserved for the protection and conservation of fish and wildlife that are threatened with extinction, (4) for tribally or individually owned Indian trust or restricted lands, within or without the boundaries of Indian reservations.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of August 25, 1916 (39 Stat. 535), referred to in subsec. (c), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted section 1, 2, 3, and 4 of Title 16, Conservation, and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Amendments

2005—Pub. L. 109–58 inserted section catchline.

Statutory Notes and Related Subsidiaries

Transfer of Functions

“Secretary of Energy” substituted for “Federal Power Commission” in subsec. (b) pursuant to section 301(b), 703, and 707 of Pub. L. 95–91, which are classified to section 7151(b), 7293, and 7297 of Title 42, The Public Health and Welfare, and which terminated the Federal Power Commission and transferred its functions (with certain exceptions) to the Secretary of Energy.

§1014 Lands Subject to Geothermal Leasing