Page:United States Statutes at Large Volume 119.djvu/682

 119 STAT. 664

Deadlines.

Deadline.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–58—AUG. 8, 2005

of this Act that does not convert to new royalty terms under subsection (e)— (A) with respect to commercial production of energy from a facility that begins such production in the 6-year period beginning on the date of enactment of this Act; or (B) on qualified expansion geothermal energy. (2) 4-YEAR APPLICATION.—Paragraph (1) applies only to new commercial production of energy from a facility in the first 4 years of such production. (d) DEFINITION OF QUALIFIED EXPANSION GEOTHERMAL ENERGY.—In this section, the term ‘‘qualified expansion geothermal energy’’ means geothermal energy produced from a generation facility for which— (1) the production is increased by more than 10 percent as a result of expansion of the facility carried out in the 6year period beginning on the date of enactment of this Act; and (2) such production increase is greater than 10 percent of the average production by the facility during the 5-year period preceding the expansion of the facility (as such average is adjusted to reflect any trend in changes in production during that period). (e) ROYALTY UNDER EXISTING LEASES.— (1) IN GENERAL.—Any lessee under a lease issued under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) before the date of enactment of this Act may, within the time period specified in paragraph (2), submit to the Secretary of the Interior a request to modify the terms of the lease relating to payment of royalties to provide— (A) in the case of a lease that meets the requirements of subsection (b) of section 5 of the Geothermal Steam Act of 1970 (30 U.S.C. 1004) (as amended by section 223), that royalties be based on the schedule of fees established under that section; and (B) in the case of any other lease, that royalties be computed on a percentage of the gross proceeds from the sale of electricity, at a royalty rate that is expected to yield total royalty payments equivalent to payments that would have been received for comparable production under the royalty rate in effect for the lease before the date of enactment of this subsection. (2) TIMING.—A request for a modification under paragraph (1) shall be submitted to the Secretary of the Interior by the date that is not later than— (A) in the case of a lease for direct use, 18 months after the effective date of the schedule of fees established by the Secretary of the Interior under section 5 of the Geothermal Steam Act of 1970 (30 U.S.C. 1004); or (B) in the case of any other lease, 18 months after the effective date of the final regulation issued under subsection (a). (3) APPLICATION OF MODIFICATION.—If the lessee requests modification of a lease under paragraph (1)— (A) the Secretary of the Interior shall, within 180 days after the receipt of the request for modification, modify the lease to comply with—

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