212 
(v) improving the resilience of natural 
resources to withstand the impacts of cli-
mate change and ocean acidification to en-
sure the long-term effectiveness of the res-
toration program. 
(3) REPORT.—The Task Force shall annually 
provide a report to Congress about the progress in im-
plementing the Plan. 
(d) DEFINITIONS.—For purposes of this section, the 
term— 
(1) ‘‘Gulf coast State’’ means each of the States 
of Texas, Louisiana, Mississippi, Alabama, and Flor-
ida; and 
(2) ‘‘restoration programs and projects’’ means 
activities that support the restoration, rehabilitation, 
replacement, or acquisition of the equivalent, of in-
jured or lost natural resources including the ecological 
services and benefits provided by such resources. 
(e) RELATIONSHIP TO OTHER LAW.—Nothing in this 
section affects the ability or authority of the Federal Gov-
ernment to recover costs from a person determined to be 
a responsible party pursuant to the Oil Pollution Act of 
1990 (33 U.S.C. 2701 et seq.) or other law. 
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213 
TITLE IX—GEOTHERMAL 
PRODUCTION EXPANSION 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Geothermal Production 
Expansion Act’’. 
SEC. 902. FINDINGS. 
The Congress finds the following: 
(1) It is in the best interest of the United States 
to develop clean renewable geothermal energy. 
(2) Development of such energy should be pro-
moted on appropriate Federal lands. 
(3) Under the Energy Policy Act of 2005, the 
Bureau of Land Management is authorized to issue 
three different types of non-competitive leases for pro-
duction of geothermal energy on Federal lands, in-
cluding non-competitive geothermal leases to mining 
claim holders that have a valid operating plan, direct 
use leases, and leases on parcels that do not sell at a 
competitive auction. 
(4) Federal geothermal energy leasing activity 
should be directed towards those seeking to develop the 
land as opposed to those seeking to speculate on geo-
thermal resources and thereby artificially raising the 
cost of legitimate geothermal energy development. 
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214 
(5) Developers of geothermal energy on Federal 
lands that have invested substantial capital and made 
high risk investments should be allowed to secure a 
discovery of geothermal energy resources. 
(6) Successful geothermal development on Fed-
eral lands will provide increased revenue to the Fed-
eral Government, with the payment of production 
royalties over decades. 
SEC. 903. NONCOMPETITIVE LEASING OF ADJOINING AREAS 
FOR DEVELOPMENT OF GEOTHERMAL RE-
SOURCES. 
(a) IN GENERAL.—Section 4(b) of the Geothermal 
Steam Act of 1970 (30 U.S.C. 1003(b)) by adding at the 
end the following: 
‘‘(4) ADJOINING LANDS.— 
‘‘(A) IN
GENERAL.—An area of qualified 
Federal lands that adjoins other lands for which 
a qualified lessee holds a legal right to develop 
geothermal resources may be available for non-
competitive lease under this section to the quali-
fied lessee at the fair market value per acre, if— 
‘‘(i) the area of qualified Federal 
lands— 
‘‘(I) consists of not less than 1 
acre, and not more than 640 acres; and 
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215 
‘‘(II) is not already leased under 
this Act or nominated to be leased 
under subsection (a); 
‘‘(ii) the qualified lessee has not pre-
viously received a noncompetitive lease 
under this paragraph in connection with 
the valid discovery for which data has been 
submitted under subclause (I) of clause (iii); 
and 
‘‘(iii) sufficient geological and other 
technical data prepared by a qualified geo-
thermal professional has been submitted by 
the qualified lessee to the relevant Federal 
land management agency that would engen-
der a belief in individuals who are experi-
enced in the subject matter that— 
‘‘(I) there is a valid discovery of 
geothermal resources on the lands for 
which the qualified lessee holds the 
legal right to develop geothermal re-
sources; and 
‘‘(II) such thermal feature extends 
into the adjoining areas. 
‘‘(B) DETERMINATION
OF
FAIR
MARKET 
VALUE.— 
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216 
‘‘(i) 
IN
GENERAL.—The 
Secretary 
shall— 
‘‘(I) publish a notice of any re-
quest to lease land under this para-
graph; 
‘‘(II) determine fair market value 
for purposes of this paragraph in ac-
cordance with procedures for making 
such determinations that are estab-
lished by regulations issued by the Sec-
retary; 
‘‘(III) provide to a qualified lessee 
and publish any proposed determina-
tion under this subparagraph of the 
fair market value of an area that the 
qualified lessee seeks to lease under this 
paragraph; 
‘‘(IV) provide to such qualified 
lessee the opportunity to appeal such 
proposed determination within the 30- 
day period after it is provided to the 
qualified lessee; and 
‘‘(V) provide to any interested 
member of the public the opportunity 
to appeal such proposed determination 
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217 
in accordance with the process set forth 
in parts 4, 1840, and 3200.5 of title 
43, Code of Federal Regulations (as in 
effect on the date of enactment of the 
Geothermal 
Production 
Expansion 
Act) within the 30-day period after it 
published. 
‘‘(ii) LIMITATION
ON
NOMINATION.— 
After publication of a notice of request to 
lease land under this paragraph, the Sec-
retary may not accept under subsection (a) 
any nomination of the land for leasing un-
less the request has been denied or with-
drawn. 
‘‘(iii) REGULATIONS: DEADLINE; PUB-
LICATION
OF
PROPOSED
REGULATIONS.— 
The regulations required under clause (i) 
shall be issued by not later than 90 days 
after the date of enactment of this Act, and 
after publication of, and an opportunity for 
public comment on, the proposed regula-
tions. 
‘‘(C) DEFINITIONS.—In this paragraph— 
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219 
ments with indications of permeability are 
sufficient to produce energy from geothermal 
resources as determined through flow or in-
jection testing or measurement of lost cir-
culation while drilling; 
‘‘(iii) the term ‘qualified Federal lands’ 
means lands that are otherwise available for 
leasing under this Act; 
‘‘(iv) the term ‘qualified geothermal 
professional’ means an individual who is 
an engineer or geoscientist in good profes-
sional standing with at least five years of 
experience in geothermal exploration, devel-
opment, project assessment, or any com-
bination of the forgoing; 
‘‘(v) the term ‘qualified lessee’ means a 
person that may hold a geothermal lease 
under part 3202.10 of title 43, Code of Fed-
eral Regulations, as in effect on the date of 
enactment of the Geothermal Production 
Expansion Act; and 
‘‘(vi) the term ‘valid discovery’ means 
a discovery of a geothermal resource by a 
new or existing slim hole or production 
well, that exhibits downhole or flowing tem-
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220 
perature measurements with indications of 
permeability sufficient to meet industry 
standards.’’. 
(b) DEADLINE
FOR REGULATIONS.—The Secretary 
shall issue regulations to implement the amendment made 
by subsection (a), by not later than 6 months after the date 
of the enactment of this Act. 
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Union Calendar No. 332 
111TH CONGRESS 
2D SESSION 
H. R. 3534 
[Report No. 111–575, Part I] 
A BILL 
To provide greater efficiencies, transparency, re-
turns, and accountability in the administration of 
Federal mineral and energy resources by consoli-
dating administration of various Federal energy 
minerals management and leasing programs into 
one entity to be known as the Office of Federal 
Energy and Minerals Leasing of the Department 
of the Interior, and for other purposes. 
JULY 28, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
JULY 28, 2010 
Referred to the Committee on Agriculture for a period 
ending not later than July 28, 2010, for consideration 
of such provisions of the bill and amendments as fall 
within the jurisdiction of that committee pursuant to 
clause 1(a), rule X 
JULY 28, 2010 
Committee on Agriculture discharged; committed to the 
Committee of the Whole House on the State of the 
Union and ordered to be printed 
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