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U.S. Code as of:
01/19/04
Section 1003. Bids; competitive bidding; first application of qualified person without competitive bidding
If lands to be leased under this chapter are within any known
geothermal resources area, they shall be leased to the highest
responsible qualified bidder by competitive bidding under
regulations formulated by the Secretary. If the lands to be leased
are not within any known geothermal resources area, the qualified
person first making application for the lease shall be entitled to
a lease of such lands without competitive bidding. Notwithstanding
the foregoing, at any time within one hundred and eighty days
following December 24, 1970:
(a) Conversion to geothermal lease
with respect to all lands which were on September 7, 1965,
subject to valid leases or permits issued under the Mineral
Leasing Act of February 25, 1920, as amended (30 U.S.C. 181 et
seq.), or under the Mineral Leasing Act of Acquired Lands, as
amended (30 U.S.C. 351, 358), or to existing mining claims
located on or prior to September 7, 1965, the lessees or
permittees or claimants or their successors in interest who are
qualified to hold geothermal leases shall have the right to
convert such leases or permits or claims to geothermal leases
covering the same lands;
(b) Consideration of first person in conflicting land interests
where there are conflicting claims, leases, or permits therefor
embracing the same land, the person who first was issued a lease
or permit, or who first recorded the mining claim shall be
entitled to first consideration;
(c) Conversion to application for geothermal lease
with respect to all lands which were on September 7, 1965, the
subject of applications for leases or permits under the above
Acts, the applicants may convert their applications to
applications for geothermal leases having priorities dating from
the time of filing of such applications under such Acts;
(d) Acreage limitation
no person shall be permitted to convert mineral leases,
permits, applications therefor, or mining claims for more than
10,240 acres; and
(e) Regulations; substantial expenditures for exploration,
development, or production of geothermal steam requisite for
conversion
the conversion of leases, permits, and mining claims and
applications for leases and permits shall be accomplished in
accordance with regulations prescribed by the Secretary. No right
to conversion to a geothermal lease shall accrue to any person
under this section unless such person shows to the reasonable
satisfaction of the Secretary that substantial expenditures for
the exploration, development, or production of geothermal steam
have been made by the applicant who is seeking conversion, on the
lands for which a lease is sought or on adjoining, adjacent, or
nearby Federal or non-Federal lands.
(f) Competitive geothermal lease; time for payment of highest bid
and first year rental
with respect to lands within any known geothermal resources
area and which are subject to a right to conversion to a
geothermal lease, such lands shall be leased by competitive
bidding: Provided, That, the competitive geothermal lease shall
be issued to the person owning the right to conversion to a
geothermal lease if he makes payment of an amount equal to the
highest bona fide bid for the competitive geothermal lease, plus
the rental for the first year, within thirty days after he
receives written notice from the Secretary of the amount of the
highest bid.
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