Page:United States Statutes at Large Volume 119.djvu/680

 119 STAT. 662

Notice. Deadline.

30 USC 1004 note.

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(4) FINAL REGULATION.—In 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.’’. (b) LEASING FOR DIRECT USE.—Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) (as amended by section 222) is further amended by adding at the end the following: ‘‘(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 Act 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.—Subject to paragraph (2), a geothermal lease for the direct use of geothermal resources shall cover not more than the quantity of acreage determined by the Secretary to be reasonably necessary for the proposed use. ‘‘(2) LIMITATIONS.—The quantity of acreage covered by the lease shall not exceed the limitations established under section 7.’’. (c) APPLICATION OF NEW LEASE TERMS.—The schedule of fees established under the amendment made by subsection (a)(4) shall apply with respect to payments under a lease converted under this subsection that are due and owing, and have been paid, on or after July 16, 2003. This subsection shall not require the refund of royalties paid to a State under section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019) prior to the date of enactment of this Act. SEC. 224. ROYALTIES AND NEAR-TERM PRODUCTION INCENTIVES.

(a) ROYALTY.—Section 5 of the Geothermal Steam Act of 1970 (30 U.S.C. 1004) is further amended— (1) in subsection (a) by striking paragraph (1) and inserting the following: ‘‘(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

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