§ 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.