Collapse to view only § 1017. Unit and communitization agreements

§ 1001. DefinitionsAs used in this chapter, the term—
(a) “Secretary” means the Secretary of the Interior;
(b) “geothermal lease” means a lease issued under authority of this chapter;
(c) “geothermal resources” means (i) all products of geothermal processes, embracing indigenous steam, hot water and hot brines; (ii) steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; (iii) heat or other associated energy found in geothermal formations; and (iv) any byproduct derived from them;
(d) “byproduct” means any mineral or minerals (exclusive of oil, hydrocarbon gas, and helium) which are found in solution or in association with geothermal steam and which have a value of less than 75 per centum of the value of the geothermal steam or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves;
(e) “known geothermal resources area” means an area in which the geology, nearby discoveries, competitive interests, or other indicia would, in the opinion of the Secretary, engender a belief in men who are experienced in the subject matter that the prospects for extraction of geothermal steam or associated geothermal resources are good enough to warrant expenditures of money for that purpose.
(f) “Significant 1
1 So in original. Probably should not be capitalized.
thermal features within units of the National Park System” shall include, but not be limited to, the following:
(1) Thermal features within units of the National Park System listed in Section 1 1026(a)(1) of this title and designated as significant in the Federal Register notice of August 3, 1987 (Vol. 52, No. 148 Fed. Reg. 28790).
(2) Crater Lake National Park.
(3) Thermal features within Big Bend National Park and Lake Mead National Recreation Area proposed as significant in the Federal Register notice of February 13, 1987 (Vol. 52, No. 30 Fed. Reg. 4700).
(4) Thermal features within units of the National Park System added to the significant thermal features list pursuant to section 1026(a)(2) of this title.
(g) “direct use” means utilization of geothermal resources for commercial, residential, agricultural, public facilities, or other energy needs other than the commercial production of electricity; and 2
2 So in original. Probably should end with a period instead of “; and”.
(Pub. L. 91–581, § 2, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 100–443, § 2(a), Sept. 22, 1988, 102 Stat. 1766; Pub. L. 109–58, title II, § 236(1), (2), (5), Aug. 8, 2005, 119 Stat. 671.)
§ 1002. Lands subject to geothermal leasing

Subject to the provisions of section 1014 of this title, the Secretary of the Interior may issue leases for the development and utilization of geothermal resources (1) in lands administered by him, including public, withdrawn, and acquired lands, (2) in any national forest or other lands administered by the Department of Agriculture through the Forest Service, including public, withdrawn, and acquired lands, and (3) in lands which have been conveyed by the United States subject to a reservation to the United States of the geothermal resources therein.

(Pub. L. 91–581, § 3, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 109–58, title II, § 236(1), (6), Aug. 8, 2005, 119 Stat. 671, 672.)
§ 1002a. Repealed. Pub. L. 97–214, § 7(16), July 12, 1982, 96 Stat. 174
§ 1003. Leasing procedures
(a) Nominations
(b) Competitive lease sale required
(1) In general
(2) Competitive lease sales
(3) Lands subject to mining claims
(4) Land subject to oil and gas lease
Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under subsection (c) by the holder of the oil and gas lease—
(A) on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas; and
(B) to provide for the coproduction of geothermal energy with oil and gas.
(c) Noncompetitive leasing
(d) Pending lease applications
(1) In general
(2) Administration
An application described in paragraph (1) and any lease issued pursuant to the application—
(A) except as provided in subparagraph (B), shall be subject to this section as in effect on the day before August 8, 2005; or
(B) at the election of the applicant, shall be subject to this section as in effect on August 8, 2005.
(e) Leases sold as a block
(f) Leasing for direct use of geothermal resources
Notwithstanding subsection (b), the Secretary may identify areas in which the land to be leased under this chapter exclusively for direct use of geothermal resources, without sale for purposes other than commercial generation of electricity, may be leased to any qualified applicant that first applies for such a lease under regulations issued by the Secretary, if the Secretary—
(1) publishes a notice of the land proposed for leasing not later than 90 days before the date of the issuance of the lease;
(2) does not receive during the 90-day period beginning on the date of the publication any nomination to include the land concerned in the next competitive lease sale; and
(3) determines there is no competitive interest in the geothermal resources in the land to be leased.
(g) Area subject to lease for direct use
(1) In general
(2) Limitations
(Pub. L. 91–581, § 4, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 109–58, title II, §§ 222, 223(b), Aug. 8, 2005, 119 Stat. 660, 662; Pub. L. 116–260, div. Z, title III, § 3105, Dec. 27, 2020, 134 Stat. 2516.)
§ 1004. Rents and royalties
(a) In generalGeothermal leases shall provide for—
(1) a royalty on electricity produced using geothermal resources, other than direct use of geothermal resources, that shall be—
(A) not less than 1 percent and not more than 2.5 percent of the gross proceeds from the sale of electricity produced from such resources during the first 10 years of production under the lease; and
(B) not less than 2 and not more than 5 percent of the gross proceeds from the sale of electricity produced from such resources during each year after such 10-year period;
(2) a royalty on any byproduct that is a mineral specified in the first section of the Mineral Leasing Act (30 U.S.C. 181), and that is derived from production under the lease, at the rate of the royalty that applies under that Act [30 U.S.C. 181 et seq.] to production of the mineral under a lease under that Act; and
(3) payment in advance of an annual rental of not less than—
(A) for each of the 1st through 10th years of the lease—
(i) in the case of a lease awarded in a noncompetitive lease sale, $1 per acre or fraction thereof; or
(ii) in the case of a lease awarded in a competitive lease sale, $2 per acre or fraction thereof for the 1st year and $3 per acre or fraction thereof for each of the 2nd through 10th years; and
(B) for each year after the 10th year of the lease, $5 per acre or fraction thereof; 1
1 So in original. The semicolon probably should be a period.
(b) Direct use
(1) In generalNotwithstanding subsection (a)(1), the Secretary shall establish a schedule of fees, in lieu of royalties for geothermal resources, that a lessee or its affiliate—
(A) uses for a purpose other than the commercial generation of electricity; and
(B) does not sell.
(2) Schedule of feesThe schedule of fees—
(A) may be based on the quantity or thermal span, or both, of geothermal resources used;
(B) shall ensure a fair return to the United States for use of the resource; and
(C) shall encourage development of the resource.
(3) State, tribal, or local governments
(4) Final regulationIn issuing any final regulation establishing a schedule of fees under this subsection, the Secretary shall seek—
(A) to provide lessees with a simplified administrative system;
(B) to facilitate development of direct use of geothermal resources; and
(C) to contribute to sustainable economic development opportunities in the area.
(c) Final regulation establishing royalty ratesIn issuing any final regulation establishing royalty rates under this section, the Secretary shall seek—
(1) to provide lessees a simplified administrative system;
(2) to encourage new development; and
(3) to achieve the same level of royalty revenues over a 10-year period as the regulation in effect on August 8, 2005.
(d) Credits for in-kind payments of electricityThe Secretary may provide to a lessee a credit against royalties owed under this chapter, in an amount equal to the value of electricity provided under contract to a State or county government that is entitled to a portion of such royalties under section 1019 of this title, section 35 of the Mineral Leasing Act (30 U.S.C. 191), except as otherwise provided by this section, or section 355 of this title, if—
(1) the Secretary has approved in advance the contract between the lessee and the State or county government for such in-kind payments;
(2) the contract establishes a specific methodology to determine the value of such credits; and
(3) the maximum credit will be equal to the royalty value owed to the State or county that is a party to the contract and the electricity received will serve as the royalty payment from the Federal Government to that entity.
(e) Crediting of rental toward royalty
(f) Advanced royalties required for cessation of production
(1) In general
(2) Reduction
(3) ExceptionsParagraph (1) shall not apply if the cessation in production is required or otherwise caused by—
(A) the Secretary;
(B) the Secretary of the Air Force;
(C) the Secretary of the Army;
(D) the Secretary of the Navy;
(E) a State or a political subdivision of a State; or
(F) a force majeure.
(g) Termination of lease for failure to pay rental
(1) In general
(2) Notification
(3) Reinstatement
(Pub. L. 91–581, § 5, Dec. 24, 1970, 84 Stat. 1567; Pub. L. 109–58, title II, §§ 223(a), 224(a), 228, 230, 232, 233, 236(7), Aug. 8, 2005, 119 Stat. 661, 662, 667–670, 672.)
§ 1005. Lease term and work commitment requirements
(a) In general
(1) Primary term
(2) Initial extension
The Secretary shall extend the primary term of a geothermal lease for 5 years if, for each year after the 10th year of the lease—
(A) the Secretary determined under subsection (b) that the lessee satisfied the work commitment requirements that applied to the lease for that year; or
(B) the lessee paid in annual payments accordance with subsection (c).
(3) Additional extension
(b) Requirement to satisfy annual minimum work requirement
(1) In general
(2) Prescription of minimum work requirements
The Secretary shall issue regulations prescribing minimum work requirements for geothermal leases, that—
(A) establish a geothermal potential; and
(B) if a geothermal potential has been established, confirm the existence of producible geothermal resources.
(c) Payments in lieu of minimum work requirements
(d)
The Secretary shall by regulation establish transition rules for leases issued before August 8, 2005, including terms under which a lease that is near the end of its term on August 8, 2005, may be extended for up to 2 years—
(1) to allow achievement of production under the lease; or
(2) to allow the lease to be included in a producing unit.
(e) Geothermal lease overlying mining claim
(1) Exemption
(2) Termination of exemption
(f) Termination of application of requirements
(g) Cooperative or unit plan for drilling operations; extension of term; renewal
(h) “Produced or utilized in commercial quantities” defined
(i) Principles for location of minerals under mining laws when minerals are not associated with geothermal resources
(Pub. L. 91–581, § 6, Dec. 24, 1970, 84 Stat. 1568; Pub. L. 100–443, §§ 2(b), 3, Sept. 22, 1988, 102 Stat. 1766; Pub. L. 109–58, title II, §§ 231, 236(1), Aug. 8, 2005, 119 Stat. 668, 671.)
§ 1006. Acreage limitations

A geothermal lease shall embrace a reasonably compact area of not more than 5,120 acres, except where a departure therefrom is occasioned by an irregular subdivision or subdivisions. No person, association, or corporation, except as otherwise provided in this chapter, shall take, hold, own, or control at one time, whether acquired directly from the Secretary under this chapter or otherwise, any direct or indirect interest in Federal geothermal leases in any one State exceeding 51,200 acres, including leases acquired under the provisions of section 1003 of this title.

(Pub. L. 91–581, § 7, Dec. 24, 1970, 84 Stat. 1569; Pub. L. 109–58, title II, § 235, Aug. 8, 2005, 119 Stat. 671.)
§ 1007. Readjustment of lease terms and conditions
(a) Initial readjustment; periodic intervals; notice; objections, relinquishment, and termination
(b) Rentals and royalties; initial readjustment; periodic intervals; limitation on increases and on royalties; notice; objections, relinquishment, and termination
(c) Surface use, protection, or restoration of lands withdrawn or acquired for Federal agency; notice; approval of agency
(Pub. L. 91–581, § 8, Dec. 24, 1970, 84 Stat. 1569; Pub. L. 109–58, title II, §§ 229, 236(8), Aug. 8, 2005, 119 Stat. 668, 672.)
§ 1008. Byproducts

If the production, use, or conversion of geothermal steam is susceptible of producing a valuable byproduct or byproducts, including commercially demineralized water for beneficial uses in accordance with applicable State water laws, the Secretary shall require substantial beneficial production or use thereof unless, in individual circumstances he modifies or waives this requirement in the interest of conservation of natural resources or for other reasons satisfactory to him. However, the production or use of such byproducts shall be subject to the rights of the holders of preexisting leases, claims, or permits covering the same land or the same minerals, if any.

(Pub. L. 91–581, § 9, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(9), Aug. 8, 2005, 119 Stat. 672.)
§ 1009. Relinquishment of geothermal rights

The holder of any geothermal lease at any time may make and file in the appropriate land office a written relinquishment of all rights under such lease or of any legal subdivision of the area covered by such lease. Such relinquishment shall be effective as of the date of its filing. Thereupon the lessee shall be released of all obligations thereafter accruing under said lease with respect to the lands relinquished, but no such relinquishment shall release such lessee, or his surety or bond, from any liability for breach of any obligation of the lease, other than an obligation to drill, accrued at the date of the relinquishment, or from the continued obligation, in accordance with the applicable lease terms and regulati

(Pub. L. 91–581, § 10, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(10), Aug. 8, 2005, 119 Stat. 672.)
§ 1010. Suspension of operations and production

The Secretary, upon application by the lessee, may authorize the lessee to suspend operations and production on a producing lease and he may, on his own motion, in the interest of conservation suspend operations on any lease but in either case he may extend the lease term for the period of any suspension, and he may waive, suspend, or reduce the rental or royalty required in such lease.

(Pub. L. 91–581, § 11, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(11), Aug. 8, 2005, 119 Stat. 672.)
§ 1011. Termination of leases

Leases may be terminated by the Secretary for any violation of the regulations or lease terms after thirty days notice provided that such violation is not corrected within the notice period, or in the event the violation is such that it cannot be corrected within the notice period then provided that lessee has not commenced in good faith within said notice period to correct such violation and thereafter to proceed diligently to correct such violation. Lessee shall be entitled to a hearing on the matter of such claimed violation or proposed termination of lease if request for a hearing is made to the Secretary within the thirty-day period after notice. The period for correction of violation or commencement to correct such violation of regulations or of lease terms, as aforesaid, shall be extended to thirty days after the Secretary’s decision after such hearing if the Secretary shall find that a violation exists.

(Pub. L. 91–581, § 12, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(12), Aug. 8, 2005, 119 Stat. 672.)
§ 1012. Waiver, suspension, or reduction of rental or royalty

The Secretary may waive, suspend, or reduce the rental or royalty for any lease or portion thereof in the interests of conservation and to encourage the greatest ultimate recovery of geothermal resources, if he determines that this is necessary to promote development or that the lease cannot be successfully operated under the lease terms.

(Pub. L. 91–581, § 13, Dec. 24, 1970, 84 Stat. 1570; Pub. L. 109–58, title II, § 236(13), Aug. 8, 2005, 119 Stat. 672.)
§ 1013. Surface land use

Subject to the other provisions of this chapter, a lessee shall be entitled to use so much of the surface of the land covered by his geothermal lease as may be found by the Secretary to be necessary for the production, utilization, and conservation of geothermal resources.

(Pub. L. 91–581, § 14, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 109–58, title II, § 236(14), Aug. 8, 2005, 119 Stat. 672.)
§ 1014. Lands subject to geothermal leasing
(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
(c) Exemption of certain Federal lands
(Pub. L. 91–581, § 15, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 95–91, title III, § 301(b), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 578, 606, 607; Pub. L. 109–58, title II, § 236(15), Aug. 8, 2005, 119 Stat. 672.)
§ 1015. Requirement for lessees

Leases under this chapter may be issued only to citizens of the United States, associations of such citizens, corporations organized under the laws of the United States or of any State or the District of Columbia, or governmental units, including, without limitation, municipalities.

(Pub. L. 91–581, § 16, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 109–58, title II, § 236(16), Aug. 8, 2005, 119 Stat. 672.)
§ 1016. Administration

Administration of this chapter shall be under the principles of multiple use of lands and resources, and geothermal leases shall, insofar as feasible, allow for coexistence of other leases of the same lands for deposits of minerals under the laws applicable to them, for the location and production of claims under the mining laws, and for other uses of the areas covered by them. Operations under such other leases or for such other uses, however, shall not unreasonably interfere with or endanger operations under any lease issued pursuant to this chapter, nor shall operations under leases so issued unreasonably interfere with or endanger operations under any lease, license, claim, or permit issued pursuant to the provisions of any other Act.

(Pub. L. 91–581, § 17, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 109–58, title II, § 236(17), Aug. 8, 2005, 119 Stat. 672.)
§ 1017. Unit and communitization agreements
(a) Adoption of units by lessees
(1) In general
(2) Majority interest of single leases
(3) Initiative of Secretary
(4) Modification of lease requirements by Secretary
(A) In general
(B) Unlike terms or rates
(b) Requirement of plans under new leases
The Secretary may—
(1) provide that geothermal leases issued under this chapter shall contain a provision requiring the lessee to operate under a unit agreement; and
(2) prescribe the unit agreement under which the lessee shall operate, which shall adequately protect the rights of all parties in interest, including the United States.
(c) Modification of rate of prospecting, development, and production
(d) Exclusion from determination of holding or control
(e) Pooling of certain land
If separate tracts of land cannot be independently developed and operated to use geothermal resources pursuant to any section of this chapter—
(1) the land, or a portion of the land, may be pooled with other land, whether or not owned by the United States, for purposes of development and operation under a communitization agreement providing for an apportionment of production or royalties among the separate tracts of land comprising the production unit, if the pooling is determined by the Secretary to be in the public interest; and
(2) operation or production pursuant to the communitization agreement shall be treated as operation or production with respect to each tract of land that is subject to the communitization agreement.
(f) Unit agreement review
(1) In general
Not later than 5 years after the date of approval of any unit agreement and at least every 5 years thereafter, the Secretary shall—
(A) review each unit agreement; and
(B) after notice and opportunity for comment, eliminate from inclusion in the unit agreement any land that the Secretary determines is not reasonably necessary for unit operations under the unit agreement.
(2) Basis for elimination
The elimination shall—
(A) be based on scientific evidence; and
(B) occur only if the elimination is determined by the Secretary to be for the purpose of conserving and properly managing the geothermal resource.
(3) Extension
(g) Drilling or development contracts
(1) In general
(2) Holdings or control
(h) Coordination with State governments
(Pub. L. 91–581, § 18, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 100–443, § 4, Sept. 22, 1988, 102 Stat. 1768; Pub. L. 109–58, title II, § 227, Aug. 8, 2005, 119 Stat. 666.)
§ 1018. Data from Federal agencies

Upon request of the Secretary, other Federal departments and agencies shall furnish him with any relevant data then in their possession or knowledge concerning or having bearing upon fair and adequate charges to be made for geothermal steam produced or to be produced for conversion to electric power or other purposes. Data given to any department or agency as confidential under law shall not be furnished in any fashion which identifies or tends to identify the business entity whose activities are the subject of such data or the person or persons who f

(Pub. L. 91–581, § 19, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 109–58, title II, § 236(18), Aug. 8, 2005, 119 Stat. 673.)
§ 1019. Disposal of moneys from sales, bonuses, rentals, and royalties
(a) In general
Except with respect to lands in the State of Alaska, all monies received by the United States from sales, bonuses, rentals, and royalties under this chapter shall be paid into the Treasury of the United States. Of amounts deposited under this subsection, subject to the provisions of subsection (b) of section 191 of this title and section 1004(a)(2) of this title
(1) 50 percent shall be paid to the State within the boundaries of which the leased lands or geothermal resources are or were located; and
(2) 25 percent shall be paid to the county within the boundaries of which the leased lands or geothermal resources are or were located.
(b) Use of payments
(Pub. L. 91–581, § 20, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 100–443, § 5(a), Sept. 22, 1988, 102 Stat. 1768; Pub. L. 103–66, title X, § 10202(b), Aug. 10, 1993, 107 Stat. 408; Pub. L. 109–58, title II, § 224(b), Aug. 8, 2005, 119 Stat. 663.)
§ 1020. Publication in Federal Register; reservation of mineral rights

Geothermal resources in lands the surface of which has passed from Federal ownership but in which the minerals have been reserved to the United States shall not be developed or produced except under geothermal leases made pursuant to this chapter. If the Secretary of the Interior finds that such development is imminent, or that production from a well heretofore drilled on such lands is imminent, he shall so report to the Attorney General, and the Attorney General is authorized and directed to institute an appropriate proceeding in the United States district court of the district in which such lands are located, to quiet the title of the United States in such resources, and if the court determines that the reservation of minerals to the United States in the lands involved included the geothermal resources, to enjoin their production otherwise than under the terms of this chapter: Provided, That upon an authoritative judicial determination that Federal mineral reservation does not include geothermal resources the duties of the Secretary of the Interior to report and of the Attorney General to institute proceedings, as hereinbefore set forth, shall cease.

(Pub. L. 91–581, § 21, Dec. 24, 1970, 84 Stat. 1572; Pub. L. 109–58, title II, § 236(1), (3), (19), Aug. 8, 2005, 119 Stat. 671, 673.)
§ 1021. Federal exemption from State water laws

Nothing in this chapter shall constitute an express or implied claim or denial on the part of the Federal Government as to its exemption from State water laws.

(Pub. L. 91–581, § 22, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109–58, title II, § 236(20), Aug. 8, 2005, 119 Stat. 673.)
§ 1022. Prevention of waste; exclusivity
(a) All leases under this chapter shall be subject to the condition that the lessee will, in conducting his exploration, development, and producing operations, use all reasonable precautions to prevent waste of geothermal resources developed in the lands leased.
(b) Rights to develop and utilize geothermal resources underlying lands owned by the United States may be acquired solely in accordance with the provisions of this chapter.
(Pub. L. 91–581, § 23, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109–58, title II, § 236(1), (21), Aug. 8, 2005, 119 Stat. 671, 673.)
§ 1023. Rules and regulations

The Secretary shall prescribe such rules and regulations as he may deem appropriate to carry out the provisions of this chapter. Such regulations may include, without limitation, provisions for (a) the prevention of waste, (b) development and conservation of geothermal and other natural resources, (c) the protection of the public interest, (d) assignment, segregation, extension of terms, relinquishment of leases, development contracts, unitization, pooling, and drilling agreements, (e) compensatory royalty agreements, suspension of operations or production, and suspension or reduction of rentals or royalties, (f) the filing of surety bonds to assure compliance with the terms of the lease and to protect surface use and resources, (g) use of the surface by a lessee of the lands embraced in his lease, (h) the maintenance by the lessee of an active development program, and (i) protection of water quality and other environmental qualities.

(Pub. L. 91–581, § 24, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109–58, title II, § 236(22), Aug. 8, 2005, 119 Stat. 673.)
§ 1024. Inclusion of geothermal leasing under certain other laws

As to any land subject to geothermal leasing under section 1002 of this title, all laws which either (a) provide for the disposal of land by patent or other form of conveyance or by grant or by operation of law subject to a reservation of any mineral or (b) prevent or restrict the disposal of such land because of the mineral character of the land, shall hereafter be deemed to embrace geothermal resources as a substance which either must be reserved or must prevent or restrict the disposal of such land, as the case may be. This section shall not be construed to affect grants, patents, or other forms of conveyances made prior to December 24, 1970.

(Pub. L. 91–581, § 25, Dec. 24, 1970, 84 Stat. 1573; Pub. L. 109–58, title II, § 236(1), (23), Aug. 8, 2005, 119 Stat. 671, 673.)
§ 1025. Federal reservation of certain mineral rights

The United States reserves the ownership of and the right to extract under such rules and regulations as the Secretary may prescribe oil, hydrocarbon gas, and helium from all geothermal resources produced from lands leased under this chapter in accordance with presently applicable laws: Provided, That whenever the right to extract oil, hydrocarbon gas, and helium from geothermal resources produced from such lands is exercised pursuant to this section, it shall be exercised so as to cause no substantial interference with the production of geothermal resources from such lands.

(Pub. L. 91–581, § 27, Dec. 24, 1970, 84 Stat. 1574; Pub. L. 109–58, title II, § 236(1), (25), Aug. 8, 2005, 119 Stat. 671, 673.)
§ 1026. Significant thermal features
(a) Units of National Park System
(1) The Secretary shall maintain a list of significant thermal features, as defined in section 1001(f) of this title, within units of the National Park System, including but not limited to the following units:
(A) Mount Rainier National Park.
(B) Crater Lake National Park.
(C) Yellowstone National Park.
(D) John D. Rockefeller, Jr. Memorial Parkway.
(E) Bering Land Bridge National Preserve.
(F) Gates of the Arctic National Park and Preserve.
(G) Katmai National Park.
(H) Aniakchak National Monument and Preserve.
(I) Wrangell-St. Elias National Park and Preserve.
(J) Lake Clark National Park and Preserve.
(K) Hot Springs National Park.
(L) Big Bend National Park (including that portion of the Rio Grande National Wild Scenic River within the boundaries of Big Bend National Park).
(M) Lassen Volcanic National Park.
(N) Hawaiʻi Volcanoes National Park.
(O) Haleakala̅ National Park.
(P) Lake Mead National Recreation Area.
(2) The Secretary may, after notice and public comment, add significant thermal features within units of the National Park System to the significant thermal features list.
(3) The Secretary shall consider the following criteria in determining the significance of thermal features:
(A) Size, extent and uniqueness.
(B) Scientific and geologic significance.
(C) The extent to which such features remain in a natural, undisturbed condition.
(D) Significance of thermal features to the authorized purposes for which the National Park System unit was established.
(b) Monitoring program
(1) The Secretary shall maintain a monitoring program for significant thermal features within units of the National Park System.
(2) As part of the monitoring program required by paragraph (1), the Secretary shall establish a research program to collect and assess data on the geothermal resources within units of the National Park System with significant thermal features. Such program shall be carried out by the National Park Service in cooperation with the U.S. Geological Survey and shall begin with the collection and assessment of data for significant thermal features near current or proposed geothermal development and shall also include such features near areas of potential geothermal development.
(c) Lease application; adverse effect
(1) Upon receipt of an application for a lease under this chapter, the Secretary shall determine on the basis of scientific evidence if exploration, development or utilization of the lands subject to the lease application is reasonably likely to result in a significant adverse effect on a significant thermal feature within a unit of the National Park System. Such determination shall be subject to notice and public comment.
(2) If the Secretary determines that the exploration, development or utilization of the land subject to the lease application is reasonably likely to result in a significant adverse effect on a significant thermal feature within a unit of the National Park System, the Secretary shall not issue such lease.
(3) The Secretary shall not issue any lease under this chapter for those lands, or portions thereof, which are the subject of a determination made pursuant to subparagraph (2).
(d) Lease stipulationsWith respect to all leases or drilling permits issued, extended, renewed or modified under this chapter, the Secretary shall include stipulations in such leases and permits necessary to protect significant thermal features within units of the National Park System where the Secretary determines that, based on scientific evidence, the exploration, development or utilization of the land subject to the lease or drilling permit is reasonably likely to adversely affect any such significant thermal feature. Stipulations shall include, but not be limited to—
(1) requiring the lessee to reinject geothermal fluids into the rock formations from which they originate;
(2) requiring the lessee to report annually to the Secretary on activities taken on the lease;
(3) requiring the lessee to continuously monitor geothermal resources production and injection wells; and
(4) requiring the lessee to suspend activity on the lease if the Secretary determines that ongoing exploration, development or utilization activities are having a significant adverse effect on a significant thermal feature within a unit of the National Park System until such time as the significant adverse effect is eliminated. The stipulation shall provide for the termination of the lease by the Secretary if the significant adverse effect cannot be eliminated within a reasonable period of time.
(e) Lands administered by Department of Agriculture
(f) Prohibition
(Pub. L. 91–581, § 28, as added Pub. L. 100–443, § 6, Sept. 22, 1988, 102 Stat. 1769; amended Pub. L. 106–510, § 3(a)(2), (b)(2), Nov. 13, 2000, 114 Stat. 2363; Pub. L. 109–58, title II, § 236(1), (26), Aug. 8, 2005, 119 Stat. 671, 673.)
§ 1027. Land subject to prohibition on leasing

The Secretary shall not issue any lease under this chapter on those lands subject to the prohibition provided under section 226–3 of this title.

(Pub. L. 91–581, § 29, as added Pub. L. 100–443, § 5(d), Sept. 22, 1988, 102 Stat. 1769; amended Pub. L. 109–58, title II, § 236(27), Aug. 8, 2005, 119 Stat. 673.)
§ 1028. Hot dry rock geothermal energy
(a) Definition of enhanced geothermal systems
(b) USGS program
(c) Update to geothermal resource assessmentThe Secretary of the Interior, acting through the United States Geological Survey, and in consultation with the Secretary of Energy, shall update the 2008 United States geothermal resource assessment carried out by the United States Geological Survey, including—
(1) with respect to areas previously identified by the Department of Energy or the United States Geological Survey as having significant potential for hydrothermal energy or enhanced geothermal systems energy, by focusing on—
(A) improving the resolution of resource potential at systematic temperatures and depths, including temperatures and depths appropriate for power generation and direct use applications;
(B) quantifying the total potential to coproduce geothermal energy and minerals;
(C) incorporating data relevant to underground thermal energy storage and exchange, such as aquifer and soil properties; and
(D) producing high resolution maps, including—
(i) maps that indicate key subsurface parameters for electric and direct use resources; and
(ii) risk maps for induced seismicity based on geologic, geographic, and operational parameters; and
(2) to the maximum extent practicable, by coordinating with relevant State officials and institutions of higher education to expand geothermal assessments, including enhanced geothermal systems assessments, to include assessments for the Commonwealth of Puerto Rico and the States of Alaska and Hawaii.
(d) Authorization of appropriations
(Pub. L. 102–486, title XXV, § 2501, Oct. 24, 1992, 106 Stat. 3101; Pub. L. 116–260, div. Z, title III, § 3002(m), Dec. 27, 2020, 134 Stat. 2496.)