HR 301 — GEO Act

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 GEOTHERMAL STEAM ACT OF 1970

 * * * * * * *
SEC. 4. LEASING PROCEDURES.

 (a) Nominations.--The Secretary shall accept nominations of 
land to be leased at any time from qualified companies and 
individuals under this Act.
 (b) Competitive Lease Sale Required.--
 (1) In general.--Except as otherwise specifically 
 provided by this Act, all land to be leased that is not 
 subject to leasing under subsection (c) shall be leased 
 as provided in this subsection to the highest 
 responsible qualified bidder, as determined by the 
 Secretary.
 (2) Competitive lease sales.--The Secretary shall 
 hold a competitive lease sale at least once every 2 
 years for land in a State that has nominations pending 
 under subsection (a) if the land is otherwise available 
 for leasing.
 (3) Lands subject to mining claims.--Lands that are 
 subject to a mining claim for which a plan of 
 operations has been approved by the relevant Federal 
 land management agency may be available for 
 noncompetitive leasing under this section to the mining 
 claim holder.
 (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.--The Secretary shall make 
available for a period of 2 years for noncompetitive leasing 
any tract for which a competitive lease sale is held, but for 
which the Secretary does not receive any bids in a competitive 
lease sale.
 (d) Pending Lease Applications.--
 (1) In general.--It shall be a priority for the 
 Secretary, and for the Secretary of Agriculture with 
 respect to National Forest Systems land, to ensure 
 timely completion of administrative actions, including 
 amendments to applicable forest plans and resource 
 management plans, necessary to process applications for 
 geothermal leasing pending on the date of enactment of 
 this subsection. All future forest plans and resource 
 management plans for areas with high geothermal 
 resource potential shall consider geothermal leasing 
 and development.
 (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 the date of enactment of this 
 paragraph; or
 (B) at the election of the applicant, shall 
 be subject to this section as in effect on the 
 effective date of this paragraph.
 (e) Leases Sold as a Block.--If information is available to 
the Secretary indicating a geothermal resource that could be 
produced as 1 unit can reasonably be expected to underlie more 
than 1 parcel to be offered in a competitive lease sale, the 
parcels for such a resource may be offered for bidding as a 
block in the competitive lease sale.
 (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.
 (h) Effect of Pending Civil Actions on Processing 
Applications Related to Geothermal Leasing.--
 (1) Requirement to process applications.--
 Notwithstanding the existence of any pending civil 
 action that affects an application for a geothermal 
 drilling permit, sundry notice, notice to proceed, 
 right-of-way, or any other authorization under a valid 
 existing geothermal lease, the Secretary shall, unless 
 a United States Federal court vacates or provides 
 injunctive relief for the applicable geothermal lease, 
 geothermal drilling permit, sundry notice, notice to 
 proceed, right-of-way, or other authorization, approve 
 and issue, or deny, each such application not later 
 than 60 days after completing all requirements under 
 applicable Federal laws and regulations, including the 
 National Environmental Policy Act of 1969, the 
 Endangered Species Act of 1973, and division A of 
 subtitle III of title 54, United States Code.
 (2) No new authority for federal courts.--Nothing in 
 this subsection shall be construed as modifying any 
 existing authority of a Federal court to vacate or 
 provide injunctive relief for a geothermal lease, 
 geothermal drilling permit, sundry notice, notice to 
 proceed, right-of-way, or other authorization.
 (3) Definition of authorization.--In this subsection, 
 the term ``authorization'' means any license, permit, 
 approval, finding, determination, or other 
 administrative decision issued by a Federal agency, or 
 any interagency consultation, that is required or 
 authorized under Federal law or regulations in order to 
 site, construct, reconstruct, or commence operations of 
 a geothermal project administered by a Federal agency.

 * * * * * * *