Home > 104th Congressional Bills > H.R. 2773 (eh) To extend the deadline under the Federal Power Act applicable to the construction of 2 hydroelectric projects in North Carolina, and for other purposes. [Engrossed in House] ...

H.R. 2773 (eh) To extend the deadline under the Federal Power Act applicable to the construction of 2 hydroelectric projects in North Carolina, and for other purposes. [Engrossed in House] ...


Google
 
Web GovRecords.org








108th CONGRESS
  1st Session
                                H. R. 2772

 To amend the Geothermal Steam Act of 1970 to promote the development 
         and use of geothermal resources in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2003

 Mr. Gibbons introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Geothermal Steam Act of 1970 to promote the development 
         and use of geothermal resources in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``John Rishel Geothermal Steam Act 
Amendments of 2003''.

SEC. 2. COMPETITIVE LEASE SALE REQUIREMENTS.

    (a) In General.--Section 4 of the Geothermal Steam Act of 1970 (30 
U.S.C. 1003) is amended to read as follows:

``SEC. 4. LEASING PROCEDURES.

    ``(a) In General.--
            ``(1) Nominations.--The Secretary shall accept nominations 
        at any time from qualified companies and individuals of areas 
        to be leased under this Act.
            ``(2) Competitive lease sale required.--The Secretary shall 
        hold a competitive lease sale at least once every 2 years for 
        lands in a State that are located in areas with respect to 
        which there are nominations pending under paragraph (1).
            ``(3) Noncompetitive leasing.--The Secretary shall make 
        available for a period of 2 years for noncompetitive leasing 
        any lands for which a competitive lease sale is held, but for 
        which the Secretary does not receive any bids in a competitive 
        lease sale.
            ``(4) Leases sold as a block.--Notwithstanding the lease 
        acreage limitation, if a geothermal resource that could be 
        produced as one unit is reasonably expected to underline more 
        than one lease, the leases for such resources shall be offered 
        for bidding as a block in the competitive lease sale.''.
    (b) Pending Lease Applications.--The Secretary of the Interior--
            (1) subject to paragraph (2), shall expeditiously process 
        lease applications pending on the date of enactment of this Act 
        under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et 
        seq.); and
            (2) shall, by the end of the one-year period beginning on 
        the date of the enactment of this Act, initiate competitive 
        lease sales under such Act for areas with respect to which 
        lease applications are pending and the lease applicant has not 
        entered into an agreement with the Secretary to be reimbursed 
        under the terms of the amendment made by section 7(a) of this 
        Act to fund any analyses, documents, or studies necessary to 
        complete the processing of the lease application.

SECTION 3. SPECIAL PROVISIONS REGARDING DIRECT USE OF GEOTHERMAL ENERGY 
              RESOURCES.

    (a) Leasing Procedure.--Section 4 of the Geothermal Steam Act of 
1970 (30 U.S.C. 1003) is further amended by adding at the end the 
following:
    ``(b) Leasing for Direct Use of Geothermal Resources.--Lands leased 
under this Act exclusively for qualified development and direct 
utilization of geothermal resources shall be leased to any qualified 
applicant who first applies for such lease under regulations formulated 
by the Secretary, if--
            ``(1) the Secretary publishes a notice of the lands 
        proposed for leasing at least 60 days before the date of the 
        issuance of the lease; and
            ``(2) the Secretary does not receive in the 60-day period 
        beginning on the date of such publication any nomination to 
        include the lands concerned in the next competitive lease 
        sale.''.
    (b) Limitation on Lease Area.--Section 7 of the Geothermal Steam 
Act of 1970 (30 U.S.C. 1006) is amended--
            (1) in the first sentence by striking ``A geothermal 
        lease'' and inserting ``(a) In General.--Except as provided in 
        subsection (b), a geothermal lease''; and
            (2) by adding at the end the following:
    ``(b) Leasing for Direct Use of Geothermal Resources.--A geothermal 
lease for qualified development and direct utilization of geothermal 
resources shall embrace not more than the minimum amount of acreage 
determined by the Secretary to be reasonably necessary for such 
utilization.''.
    (c) Annual Payment.--Section 5 of the Geothermal Steam Act of 1970 
(30 U.S.C. 1004) is amended--
            (1) in paragraph (c) by redesignating subparagraphs (1) and 
        (2) as subparagraphs (A) and (B);
            (2) by redesignating paragraphs (a) through (d) in order as 
        paragraphs (1) through (4);
            (3) by inserting ``(a) In General.--'' after ``sec. 5''; 
        and
            (4) by adding at the end the following:
    ``(b) Exemption for Direct Use of Geothermal Resources.--
            ``(1) In general.--In lieu of any royalty or rental under 
        subsection (a), a lease for qualified development and direct 
        utilization of geothermal resources shall provide for payment 
        by the lessee of an annual fee per well of not less than $100, 
        and not more than $1,000, in accordance with the schedule 
        issued under paragraph (2).
            ``(2) Schedule.--The Secretary shall issue a schedule of 
        fees under this section under which a fee is based on the scale 
        of development and utilization to which the fee applies.''.
    (d) Definitions.--Section 2 of the Geothermal Steam Act of 1970 (30 
U.S.C. 1001) is amended--
            (1) in paragraph (f) by redesignating subparagraphs (1) 
        through (4) in order as subparagraphs (A) through (D);
            (2) by redesignating paragraphs (a) through (f) in order as 
        paragraphs (1) through (6); and
            (3) by adding at the end the following:
            ``(7) Direct use of geothermal resources.--The term `direct 
        use of geothermal resources' means utilization of the heat from 
        a geothermal resource for commercial, residential, 
        agricultural, or other energy needs, other than the commercial 
        production of electricity.
            ``(8) Geothermal resource.--The term `geothermal resource' 
        means a subsurface reservoir of hot water or steam.''.
    (e) Existing Leases.--
            (1) Application to convert.--Any lessee under a lease under 
        the Geothermal Steam Act of 1970 that was issued before the 
        date of the enactment of this Act may apply to the Secretary of 
        the Interior, by not later than 18 months after the date of the 
        enactment of this Act, to convert such lease to a lease for 
        qualified development and direct utilization of geothermal 
        resources in accordance with the amendments made by this 
        section.
            (2) Conversion.--The Secretary shall approve such an 
        application and convert such a lease to a lease in accordance 
        with the amendments by not later than 180 days after receipt of 
        such application, unless the Secretary determines that the 
        applicant is not a qualified applicant with respect to the 
        lease.
            (3) Application of new lease terms.--The amendments made by 
        subsection (c) shall apply with respect to payments under a 
        lease converted under this subsection that are due and owning 
        to the United States on or after July 16, 2003.

SEC. 4. 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 
        steam and associated geothermal resources, other than direct 
        use of geothermal resources, that shall be--
                    ``(A) 1.75 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
                    ``(B) 3.5 percent of the gross proceeds from the 
                sale of electricity produced from such resources during 
                each year after such 10-year period.''; and
            (2) by adding at the end the following:
    ``(c) Treatment of State and County Shares of Royalties.--
            ``(1) State share.--Notwithstanding section 20 of this Act, 
        section 35 of the Mineral Leasing Act (30 U.S.C. 191), or 
        section 6 of the Mineral Leasing Act for Acquired Lands (30 
        U.S.C. 355), in the case of monies received by the United 
        States as royalty under subsection (a)(1)(A) with respect to a 
        electricity produced in a County in a State under a geothermal 
        lease--
                    ``(A) the percentage required to be paid by the 
                Secretary of the Treasury to the State shall be 75 
                percent; and
                    ``(B) the percentage required to be paid by the 
                Secretary of the Treasury to the County shall be 25 
                percent.
            ``(2) Credits for in-kind payments of electricity.--The 
        Secretary may provide to a lessee a credit against royalties 
        owed under this Act, in an amount equal to the value of 
        electricity provided under contract to a State or county 
        government that is entitled under the provisions of other laws 
        referred to in paragraph (1) to a portion of such royalties, 
        if--
                    ``(A) the Secretary has approved an agreement 
                between the lessee and the State or county government 
                for such in-kind payments; and
                    ``(B) the agreement establishes a specific 
                methodology to determine the value of such credits.''.
    (b) Disposal of Moneys From Sales, Bonuses, Royalties and 
Rentals.--Section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 
1019) is amended to read as follows:

``SEC. 20. DISPOSAL OF MONEYS FROM SALES, BONUSES, ROYALTIES AND 
              RENTALS.

    ``(a) Rentals.--All moneys received by the United States from 
rentals under this Act shall be disposed of in the same manner as such 
moneys received pursuant to section 35 of the Mineral Leasing Act (30 
U.S.C. 191) or section 6 of the Mineral Leasing Act for Acquired Lands 
(30 U.S.C. 355), as the case may be.
    ``(b) Sales, Bonuses, and Royalties.--
            ``(1) In general.--All monies received by the United States 
        from sales, bonuses, and royalties under this Act shall be paid 
        into the Treasury of the United States. Of amounts deposited 
        under this subsection, subject to the provisions of section 35 
        of the Mineral Leasing Act (30 U.S.C. 191(b)) and section 
        5(a)(2) of this Act--
                    ``(A) 50 percent shall be paid to the State within 
                the boundaries of which the leased lands or geothermal 
                resources are or were located; and
                    ``(B) 25 percent shall be paid to the County within 
                the boundaries of which the leased lands or geothermal 
                resources are or were located;
        except that this sentence shall not apply with respect to lands 
        in Alaska.
            ``(2) Use of payments.--Amounts paid to a State or county 
        under paragraph (1) shall be used consistent with the terms of 
        section 35 of the Mineral Leasing Act (30 U.S.C. 191).''.
    (c) Near-Term Production Incentive.--
            (1) In general.--Notwithstanding section 5(a) of the 
        Geothermal Steam Act of 1970 the royalty required to be paid on 
        any lease issued under such Act before the date of enactment of 
        this Act--
                    (A) with respect to commercial production of heat 
                or energy from a facility that begins such production 
                in the 6-year period beginning on the date of the 
                enactment of this Act; or
                    (B) on qualified expansion geothermal energy;
        shall be 50 percent of the amount of royalty otherwise required 
        to be paid under that section.
            (2) State share.--Notwithstanding section 20 of the 
        Geothermal Steam Act of 1970 (30 U.S.C. 1019), section 35 of 
        the Mineral Leasing Act (30 U.S.C. 191), or section 6 of the 
        Mineral Leasing Act for Acquired Lands (30 U.S.C. 355), in the 
        case of monies received by the United States from royalty 
        described in subparagraph (A) or (B) of paragraph (1), the 
        percentage required to be paid by the Secretary of the Treasury 
        to a State under those sections shall be 100 percent.
            (3) 4-year application.--Paragraphs (1) and (2) apply only 
        to commercial production of heat or energy from a facility in 
        the first 4 years of such production.
            (4) No effect on state portion.--This subsection shall not 
        be construed to reduce the amount of royalty required to be 
        paid to a State.
    (d) Definitions.--In this section:
            (1) Qualified expansion geothermal energy.--The term 
        ``qualified expansion geothermal energy'' means geothermal 
        energy produced from a generation facility for which--
                    (A) the production is increased by more than 10 
                percent as a result of expansion of the facility 
                carried out in the 6-year period beginning on the date 
                of the enactment of this Act; and
                    (B) 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.
            (2) Qualified geothermal energy lease.--The term 
        ``qualified geothermal energy lease'' means a lease under the 
        Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.)--
                    (A) that was executed before the end of the 6-year 
                period beginning on the date of the enactment of this 
                Act; and
                    (B) under which no commercial production of any 
                form of heat or energy occurred before the date of the 
                enactment of this Act.
    (e) Royalty Under Existing Leases.--
            (1) In general.--Any lessee under a lease issued under the 
        Geothermal Steam Act of 1970 before the date of the enactment 
        of this Act may modify the terms of the lease relating to 
        payment of royalties to comply with the amendment made by 
        subsection (a), by applying to the Secretary of the Interior by 
        not later than 18 months after the date of the enactment of 
        this Act.
            (2) Application of modification.--Such modification shall 
        apply to any use of geothermal steam and associated geothermal 
        resources to which the amendment applies that occurs after the 
        date of that application.
            (3) Consultation.--The Secretary--
                    (A) shall consult with the State and local 
                governments affected by any proposed changes in lease 
                royalty terms under this subsection;
                    (B) may agree to a gross proceeds percentage other 
                than the amount specified in the amendment made by 

Pages: 1 2 3 Next >>

Other Popular 104th Congressional Bills Documents:

1 H.R. 3814 (rfs) Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1997, and for other purposes. [Referred in Senate] ...
2 S. 1774 (is) To enhance the enforceability of airport revenue diversion provisions under chapter 471 of title 49, United States Code, and for other purposes. [Introduced in Senate] ...
3 H.R. 3183 (ih) To amend title 38, United States Code, to limit the amount of recoupment from veterans' disability compensation that is required in the case of veterans who have received certain separation payments from the Department of Defense. [Introduc...
4 S.Con.Res. 28 (is) Authorizing the use of the Capitol Grounds for the D.C. StandDown '95. [Introduced in Senate] ...
5 H.R. 1398 (rfs) To designate the United States Post Office building located at 1203 Lemay Ferry Road, St. Louis, Missouri, as the ``Charles J. Coyle Post Office Building''. [Referred in Senate] ...
6 S. 1544 (cps) To authorize the conveyance of the William Langer Jewel Bearing Plant to the Job Development Authority of the City of Rolla, North Dakota. [Considered and Passed Senate] ...
7 H.J.Res. 158 (rs) To recognize the Peace Corps on the occasion of its 35th anniversary and the Americans who have served as Peace Corps volunteers. [Reported in Senate] ...
8 S.J.Res. 46 (is) Making further continuing appropriations for the fiscal year 1996 for the operations of the Passport Office of the Department of State. [Introduced in Senate] ...
9 H.R. 2161 (ih) To extend authorities under the Middle East Peace Facilitation Act of 1994 until October 1, 1995, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [Intro...
10 H.R. 2564 (ih) To provide for the disclosure of lobbying activities to influence the Federal Government, and for other purposes. [Introduced in House] ...
11 H.R. 3153 (rh) To amend title 49, United States Code, to exempt from regulation the transportation of certain hazardous materials by vehicles with a gross vehicle weight rating of 10,000 pounds or less. [Reported in House] ...
12 S. 1613 (is) To amend the National School Lunch Act to provide greater flexibility to schools to meet the Dietary Guidelines for Americans under the school lunch and school breakfast programs, and for other purposes. [Introduced in Senate] ...
13 H.R. 2980 (ih) To amend title 18, United States Code, with respect to stalking. [Introduced in House] ...
14 S. 625 (is) To amend the Land Remote Sensing Policy Act of 1992. [Introduced in Senate] ...
15 S. 430 (is) To amend title XIX of the Social Security Act to require States to [Introduced in Senate] ...
16 S. 1232 (is) To amend the Internal Revenue Code of 1986 to exclude length of service [Introduced in Senate] ...
17 H.R. 2349 (ih) To amend title 23, United States Code, to designate the National Highway System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [Introduced in House] %...
18 H.R. 3308 (rfs) To amend title 10, United States Code, to limit the placement of United States forces under United Nations operational or tactical control, and for other purposes. [Referred in Senate] ...
19 H.R. 3387 (rfs) To designate the Southern Piedmont Conservation Research Center located at 1420 Experimental Station Road in Watkinsville, Georgia, as the ``J. Phil Campbell, Senior Natural Resource Conservation Center''. [Referred in Senate] %%Filename:...
20 S. 1075 (is) To reauthorize and improve the Individuals with Disabilities Education [Introduced in Senate] ...
21 S.J.Res. 45 (is) Proposing an amendment to the Constitution of the United States in order to ensure that private persons and groups are not denied benefits or otherwise discriminated against by the United States or any of the several States on account of...
22 H.R. 1016 (ih) To establish a Federal Housing Trust Fund to provide decent, safe, and affordable housing for low-income families lacking such housing. [Introduced in House] ...
23 S.Con.Res. 34 (rs) To authorize the printing of ``Vice Presidents of the United States, 1789-1993''. [Reported in Senate] ...
24 S. 422 (is) To authorize the appropriations for international economic and security assistance. [Introduced in Senate] ...
25 H.R. 2604 (ih) To amend title 28, United States Code, to authorize the appointment of additional bankruptcy judges, and for other purposes. [Introduced in House] ...
26 H.R. 2002 (enr) Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1996, and for other purposes. [Enrolled bill] ...
27 S.Con.Res. 58 (is) Expressing the intent of the Congress with respect to the collection of fees or other payments from the allocation of toll-free telephone numbers. [Introduced in Senate] ...
28 S. 496 (is) To abolish the Board of Review of the Metropolitan Washington Airports Authority, and for other purposes. [Introduced in Senate] ...
29 H.R. 2297 (enr) To codify without substantive change laws related to transportation and to improve the United States Code. [Enrolled bill] ...
30 H.R. 1011 (ih) To extend the deadline under the Federal Power Act applicable to the construction of a hydroelectric project in the State of Ohio. [Introduced in House] ...


Other Documents:

104th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy