Geothermal Production Expansion Act of 2017

To expand geothermal production, and for other purposes. 1. Short title This Act may be cited as the Geothermal Production Expansion Act of 2017 2. Noncompetitive leasing of adjoining areas for development of geothermal resources Section 4(b) of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1003(b) (4) Adjoining land (A) Definitions In this paragraph: (i) Fair market value per acre The term fair market value per acre (I) except as provided in this clause, shall be equal to the market value per acre (taking into account the determination under subparagraph (B)(iii) regarding a valid discovery on the adjoining land) as determined by the Secretary under regulations issued under this paragraph; (II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 180-day period beginning on the date the Secretary receives an application for the lease; and (III) shall be not less than the greater of— (aa) 4 times the median amount paid per acre for all land leased under this Act during the preceding year; or (bb) $50. (ii) Industry standards The term industry standards (iii) Qualified Federal land The term qualified Federal land (iv) Qualified geothermal professional The term qualified geothermal professional (v) Qualified lessee The term qualified lessee (vi) Valid discovery The term valid discovery (B) Authority An area of qualified Federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if— (i) the area of qualified Federal land— (I) consists of not less than 1 acre and not more than 640 acres; and (II) is not already leased under this Act or nominated to be leased under subsection (a); (ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause (iii)(I); and (iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable Federal land management agency that would lead individuals who are experienced in the subject matter to believe that— (I) there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources; and (II) that thermal feature extends into the adjoining areas. (C) Determination of fair market value (i) In general The Secretary shall— (I) publish a notice of any request to lease land under this paragraph; (II) determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the Secretary; (III) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph; and (IV) provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable Federal land management agency, in accordance with applicable law (including regulations). (ii) Limitation on nomination After publication of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection (a) any nomination of the land for leasing unless the request has been denied or withdrawn. (iii) Annual rental For purposes of section 5(a)(3), a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale. (D) Regulations Not later than 270 days after the date of enactment of the Geothermal Production Expansion Act of 2017 .

Summary: Geothermal Production Expansion Act of 2017 This bill amends the Geothermal Steam Act of 1970 to allow the Department of the Interior to award noncompetitive leases on up to 640 acres of federal land for geothermal development if: (1) the land is available for leasing and not already leased or nominated to be leased, (2) the lessee has a legal right to develop geothermal resources on land adjacent to the federal land that will be leased, (3) sufficient data was submitted to Interior to show there is a valid discovery of geothermal resources on the adjacent land and that the thermal feature extends into the adjoining federal land, and (4) the lessee has not previously received a noncompetitive lease for the discovery. Interior must lease the land at fair market value, publish a notice of any lease requests, and provide review of the final determination of fair market value. Lessees must make annual rental payments equal to those required for lands that are leased competitively.