Page:United States Statutes at Large Volume 119.djvu/683

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[119 STAT. 665]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 665]

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 665

(i) in the case of a lease for direct use, the schedule of fees established by the Secretary under section 5 of the Geothermal Steam Act of 1970 (30 U.S.C. 1004); or (ii) in the case of any other lease, the royalty for the lease established under paragraph (1)(B); and (B) the modification shall apply to any use of geothermal resources to which subsection (a) applies that occurs after the date of the modification. (4) CONSULTATION.—The Secretary of the Interior shall consult with the State and local governments affected by any proposed changes in lease royalty terms under this subsection. SEC. 225. COORDINATION OF GEOTHERMAL LEASING AND PERMITTING ON FEDERAL LANDS.

42 USC 15871.

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to Congress a memorandum of understanding in accordance with this section, the Geothermal Steam Act of 1970 (as amended by this Act), and other applicable laws, regarding coordination of leasing and permitting for geothermal development of public lands and National Forest System lands under their respective jurisdictions. (b) LEASE AND PERMIT APPLICATIONS.—The memorandum of understanding shall— (1) establish an administrative procedure for processing geothermal lease applications, including lines of authority, steps in application processing, and time limits for application procession; (2) establish a 5-year program for geothermal leasing of lands in the National Forest System, and a process for updating that program every 5 years; and (3) establish a program for reducing the backlog of geothermal lease application pending on January 1, 2005, by 90 percent within the 5-year period beginning on the date of enactment of this Act, including, as necessary, by issuing leases, rejecting lease applications for failure to comply with the provisions of the regulations under which they were filed, or determining that an original applicant (or the applicant’s assigns, heirs, or estate) is no longer interested in pursuing the lease application. (c) DATA RETRIEVAL SYSTEM.—The memorandum of understanding shall establish a joint data retrieval system that is capable of tracking lease and permit applications and providing to the applicant information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action.

Deadline. Memorandum.

SEC. 226. ASSESSMENT OF GEOTHERMAL ENERGY POTENTIAL.

Deadline. 42 USC 15872.

Not later than 3 years after the date of enactment of this Act and thereafter as the availability of data and developments in technology warrants, the Secretary of the Interior, acting through the Director of the United States Geological Survey and in cooperation with the States, shall— (1) update the Assessment of Geothermal Resources made during 1978; and (2) submit to Congress the updated assessment.

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Effective date.

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