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§ 1017. —  Cooperative or unit plan of development or operation of geothermal pool, field, or like area; public interest; determination and certification; regulations; protection of parties in interest; authority respecting rate of prospecting, development, and production; five year review; leases excepted from control for purposes of State acreage limitation.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 30USC1017]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
    CHAPTER 23--GEOTHERMAL STEAM AND ASSOCIATED GEOTHERMAL RESOURCES
 
Sec. 1017. Cooperative or unit plan of development or operation 
        of geothermal pool, field, or like area; public interest; 
        determination and certification; regulations; protection of 
        parties in interest; authority respecting rate of prospecting, 
        development, and production; five year review; leases excepted 
        from control for purposes of State acreage limitation
        
    For the purpose of properly conserving the natural resources of any 
geothermal pool, field, or like area, or any part thereof, lessees 
thereof and their representatives may unite with each other, or jointly 
or separately with others, in collectively adopting and operating under 
a cooperative or unit plan of development or operation of such pool, 
field, or like area, or any part thereof, whenever this is determined 
and certified by the Secretary to be necessary or advisable in the 
public interest. The Secretary may in his discretion and with the 
consent of the holders of leases involved, establish, alter, change, 
revoke, and make such regulations with reference to such leases in 
connection with the institution and operation of any such cooperative or 
unit plan as he may deem necessary or proper to secure reasonable 
protection of the public interest. He may include in geothermal leases a 
provision requiring the lessee to operate under such a reasonable 
cooperative or unit plan, and he may prescribe such a plan under which 
such lessee shall operate, which shall adequately protect the rights of 
all parties in interest, including the United States. Any such plan may, 
in the discretion of the Secretary, provide for vesting in the Secretary 
or any other person, committee, or Federal or State agency designated 
therein, authority to alter or modify from time to time the rate of 
prospecting and development and the quantity and rate of production 
under such plan. All leases operated under any such plan approved or 
prescribed by the Secretary shall be excepted in determining holdings or 
control for the purposes of section 1006 of this title.
    No more than five years after approval of any cooperative or unit 
plan of development or operation, and at least every five years 
thereafter, the Secretary shall review each such plan and, after notice 
and opportunity for comment, eliminate from inclusion in such plan any 
lease or part of a lease not regarded as reasonably necessary to 
cooperative or unit operations under the plan. In the case of a 
cooperative or unit plan approved before September 22, 1988, the 
Secretary shall complete such review and elimination within 5 years 
after September 22, 1988. Such elimination shall be based on scientific 
evidence, and shall occur only when it is determined by the Secretary to 
be for the purpose of conserving and properly managing the geothermal 
resource. Any lease or part of a lease so eliminated shall be eligible 
for an extension under subsection (c) or (g) of section 1005 of this 
title if it separately meets the requirements for such an extension.
    When separate tracts cannot be independently developed and operated 
in conformity with an established well-spacing or development program, 
any lease, or a portion thereof, may be pooled with other lands, whether 
or not owned by the United States, under a communitization or drilling 
agreement providing for an apportionment of production or royalties 
among the separate tracts of land comprising the drilling or spacing 
unit when determined by the Secretary to be in the public interest, and 
operations or production pursuant to such an agreement shall be deemed 
to be operations or production as to each lease committed thereto.
    The Secretary is hereby authorized, on such conditions as he may 
prescribe, to approve operating, drilling, or development contracts made 
by one or more lessees of geothermal leases, with one or more persons, 
associations, or corporations whenever, in his discretion, the 
conservation of natural products or the public convenience or necessity 
may require or the interests of the United States may be best served 
thereby. All leases operated under such approved operating, drilling, or 
development contracts, and interests thereunder, shall be excepted in 
determining holdings or control under section 1006 of this title.

(Pub. L. 91-581, Sec. 18, Dec. 24, 1970, 84 Stat. 1571; Pub. L. 100-443, 
Sec. 4, Sept. 22, 1988, 102 Stat. 1768.)


                               Amendments

    1988--Pub. L. 100-443, Sec. 4, inserted provisions relating to five 
year review of plans and elimination of leases from plans.



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