geothermal energy development in the NWT

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Jurisdictional review on BLM or Forest Service land are administrated by the BLM. Exploration permits carry with requirement for a bond of $5,000- $100,000 depending on the scale of the project.49 Exploration activities include drilling for determination of temperature gradient, for seismic operations and construction related to drilling. BLM holds a competitive lease sale every two years, at minimum.50 For lease issuance, a Lease Sale Notice is published 45 days prior to the lease sale, which details the time, date and place of the lease sale and any stipulations for each parcel.51 At the lease sale, oral bids are submitted and the lease is given to the highest qualified bidder. If land is not sold during the lease sale, it is available for two years, in which time anyone can submit bids. On the first day after the competitive lease sale date, BLM will randomly select an application among the received bids to receive the lease (for either electricity or heat generation). After that first day, the first qualified applicant will received the lease.52 Rent fees for a lease obtained under competitive bidding are $2/acre for the first year, $3/acre for Years 2 to10, and $10/acre beyond 10 years. Rent fees for a lease obtained under non-competitive bidding are $1/acre for Years 1 to 10 and $5/acre beyond 10 years. A lease is held for 10 years, with up to two five-year extensions (assuming the minimum work requirements are met).53 For direct use projects, land can be nominated by State, Tribal or local Governments.54 The parcel is posted for 90 days. If expressions of interest from more than one party are received, then the parcel must follow the competitive leasing process. There are nominal fees charged for direct use, outlined in a fee schedule.55 In 2010, a Geothermal Production Expansion Act was proposed to amend the Geothermal Steam Act to allow developers to expand geothermal leases to adjacent lands on a non-competitive basis.56 49 California Geothermal Energy Collaborative, Expanding California's Confirmed Geothermal Resources Base - Geothermal Permitting Guide (prepared for California Energy Commission, 2007). 50 “Competitive Leasing,” U.S. Code of Federal Regulations Title 43, Pt. 3203.13. 51 “Competitive Leasing,” U.S. Code of Federal Regulations Title 43, Pt. 3203.14. 52 “Noncompetitive Leasing Other Than Direct Use Leases,” U.S. Code of Federal Regulations Title 43, Pt. 3204. 53 Ibid. 54 “Direct Use Leasing,” U.S. Code of Federal Regulations Title 43, Pt. 3205. 55 “Product Valuation,” U.S. Code of Federal Regulations Title 30, Pt. 206.356. 56 L.X. Richter, “Geothermal Production Expansion Act Introduced in the Senate,” Sustainable Business (December 6, 2010) http://thinkgeoenergy.com/archives/6569 57 U.S. Department of Energy, Geothermal Energy Production with Co-produced and Geopressured Resources, Factsheet Geothermal Technologies Program (2010) http://www1.eere.energy.gov/geothermal/pdfs/low_temp_copro_fs.pdf The Pembina Institute 22 Building a regulatory framework for geothermal development in the NWT

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