PRIA, Government Policy, Made Personal

Summary

Geothermal leases on federal land may only be issued under terms set to make sure the land is used for the purpose it was taken or kept. For land held for the Department of the Interior, the Secretary of the Interior sets those terms. For land held for the Department of Agriculture, the head of that Department must agree and set terms. Lands covered by section 818 of title 16 need the consent and terms of the Secretary of Energy. Leases must not be issued for lands administered under the Act of August 25, 1916 (39 Stat. 535), lands in a national recreation area, lands in a fish hatchery run by the Secretary, wildlife refuges or ranges, game ranges, wildlife management areas, waterfowl production areas, lands set aside to protect fish or wildlife that are threatened with extinction, or for tribally or individually owned Indian trust or restricted lands, inside or outside reservations.

Title 30, §1014

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)Terms and conditions for lands withdrawn or acquired for Department of the Interior (b) Consent and terms and conditions for lands withdrawn or acquired for Department of Agriculture or for lands for power and related purposes

Geothermal leases for lands withdrawn or acquired in aid of functions of the Department of the Interior may be issued only under such terms and conditions as the Secretary may prescribe to insure adequate utilization of the lands for the purposes for which they were withdrawn or acquired.

(c)Exemption of certain Federal lands

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), 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