Calendar No. 675

103D CONGRESS

2D SESSION H. R. 1137

AN ACT

To amend the Geothermal Steam Act of 1970 (30

U.S.C. 1001–1027), and for other purposes.

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment and an amendment to the

title
Calendar No. 675

103D CONGRESS

2D SESSION H. R. 1137

IN THE SENATE OF THE UNITED STATES

NOVEMBER 16 (legislative day, NOVEMBER 2), 1993

Received

NOVEMBER 17 (legislative day, NOVEMBER 2), 1993

Read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To amend the Geothermal Steam Act of 1970 (30 U.S.C.

1001–1027), and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Old Faithful Protec5 tion Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds that—
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1 (1) Yellowstone National Park is a unique and

2 irreplaceable national and international treasure and

3 part of one of the few remaining undisturbed hydro4 thermal systems in the world;

5 (2) there is a risk that unrestricted ground6 water use or hydrothermal or geothermal resource

7 development adjacent to Yellowstone National Park

8 in the States of Montana, Wyoming, and Idaho will

9 interfere or adversely affect the hydrothermal and

10 geothermal features of such Park or the manage11 ment of relevant mineral resources;

12 (3) further research is needed to understand

13 the characteristics of the protected systems and fea14 tures and the effects of development on such sys15 tems and features on lands outside of Yellowstone

16 National Park but within the Yellowstone Protection

17 Area, as such area is defined in this Act;

18 (4) preservation and protection, free from in19 jury or impairment, of the hydrothermal system as20 sociated with and the features within Yellowstone

21 National Park is a benefit to the people of the

22 United States and the world;

23 (5) cooperation between the United States and

24 the States of Montana, Idaho, and Wyoming to pro-
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1 tect and preserve Yellowstone National Park is de2 sirable; and

3 (6) as a settlement of litigation concerning

4 water rights, including the reserved water rights of

5 the United States associated with units of the Na6 tional Park System in Montana, the Department of

7 the Interior and the Department of Justice, on be8 half of the United States, and a Compact Commis9 sion, on behalf of the State of Montana, have devel10 oped a Compact that, when ratified by the State and

11 signed by the Secretary of the Interior and the At12 torney General of the United States, will constitute

13 such a settlement of litigation concerning matters

14 within its scope and which, in Article IV, also estab15 lishes a program for regulation of development and

16 use of groundwater in areas adjacent to Yellowstone

17 National Park.

18 (b) PURPOSES.—The purposes of this Act are—

19 (1) to require the Secretary to take the nec20 essary actions to preserve and protect the hydro21 thermal system associated with, and the hydro22 thermal and geothermal features within, Yellowstone

23 National Park from injury or impairment by protect24 ing the Federal reserved water rights of Yellowstone

25 National Park;
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1 (2) to provide a framework for management by

2 the States of Montana, Wyoming, and Idaho of reg3 ulated resources outside of but significantly related

4 to Yellowstone National Park to the extent such

5 States implement appropriate approved programs for

6 such management that are adequate to preserve and

7 protect, free from injury or impairment, the pro8 tected systems and features;

9 (3) to authorize, as provided in section 8, ap10 proval of Article IV of the Compact as such an ap11 propriate State program; and

12 (4) to require relevant research.

13 SEC. 3. DEFINITIONS.

14 For purposes of this Act:

15 (1) The term ‘‘Secretary’’ means the Secretary

16 of the Interior.

17 (2) The term ‘‘Yellowstone Protection Area’’

18 means the area in Montana, Idaho, and Wyoming

19 identified on the map entitled ‘‘Yellowstone Protec20 tion Area’’, numbered 20036, and dated May 1993,

21 and any modifications thereof as may be made under

22 section 7.

23 (3) The term ‘‘protected systems and features’’

24 means the hydrothermal and geothermal systems
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1 and hydrothermal and geothermal features associ2 ated with Yellowstone National Park.

3 (4) The term ‘‘regulated resources’’ means—

4 (A) geothermal steam and associated geo5 thermal resources, as defined in section 2(c) of

6 the Geothermal Steam Act of 1970 (30 U.S.C.

7 1001(c)); and

8 (B) hydrothermal resources.

9 (5) The term ‘‘geothermal well’’ means a well

10 or facility producing or intended to produce regu11 lated resources.

12 (6) The term ‘‘hydrothermal system’’ means a

13 groundwater system, including cold water recharge

14 and transmission and warm and hot water dis15 charge.

16 (7) The term ‘‘hydrothermal resources’’ means

17 groundwater with a temperature in excess of 59 de18 grees Fahrenheit and any other groundwater that,

19 on the basis of research pursuant to section 6, and,

20 in a State with an approved State program, pursu21 ant to the procedures in such approved State pro22 gram, is determined to have characteristics that in23 dicate it may be directly related to the protected sys24 tems and features.
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1 (8) The term ‘‘approved State program’’ means

2 a program of Montana, Idaho, or Wyoming that has

3 been submitted to the Secretary and has been ap4 proved pursuant to this Act.

5 (9) The term ‘‘Compact’’ means the water

6 rights compact ratified in 1993 by the State of Mon7 tana through enactment of H.B. 692.

8 (10) Except as otherwise provided in this Act,

9 terms used in this Act shall have the same meaning

10 as in the Geothermal Steam Act of 1970.

11 SEC. 4. RESTRICTION ON FEDERAL LANDS.

12 The Geothermal Steam Act of 1970 (30 U.S.C. 1001

13 and following) is amended by adding at the end thereof

14 the following new section:

15 ‘‘SEC. 30. (a) The Congress hereby declares that—

16 ‘‘(1) Yellowstone National Park possesses nu17 merous hydrothermal and geothermal features, in18 cluding Old Faithful geyser and approximately

19 10,000 other geysers and hot springs, and warrants

20 designation as a significant thermal feature unto

21 itself;

22 ‘‘(2) the establishment of the Park in 1872 re23 served to the United States a water right which in24 cludes a right with respect to groundwater (includ25 ing the water in the hydrothermal system supporting
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1 such features) necessary to preserve and protect

2 such features for the benefit of future generations;

3 and

4 ‘‘(3) Federal legislation is desirable to protect

5 these Federal water rights from possible injury or

6 damage.

7 ‘‘(b) The Congress hereby declares that any use of,

8 or production from, any existing geothermal well, as such

9 term is defined in section 3(5) of the Old Faithful Protec10 tion Act of 1993, or any exploration for, or development

11 of, any new geothermal well or any facility related to the

12 use of geothermal steam and associated geothermal re13 sources within the boundary of the Yellowstone Protection

14 Area, as defined in section 3(2) of the Old Faithful Pro15 tection Act of 1993, risks adverse effects on the hydro16 thermal and geothermal features of Yellowstone National

17 Park.

18 ‘‘(c) The Secretary shall not issue a lease under this

19 Act for lands within the boundary of the Yellowstone Pro20 tection Area, as defined in section 3(2) of the Old Faithful

21 Protection Act of 1993. Nothing in this section shall be

22 construed to either affect the ban on leasing referenced

23 under section 28(f) or to apply to any lands not owned

24 by the United States.’’.
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1 SEC. 5. MORATORIUM ON OTHER LANDS.

2 (a) PROHIBITION.—(1) Except as provided by sec3 tions 7 and 8 of this Act, there shall be no use (except

4 for monitoring by the Secretary or monitoring under an

5 approved State program) of, or production from, any ex6 isting geothermal well and no exploration for, or develop7 ment of, any new geothermal well or any other new facility

8 related to the use of regulated resources within the Yellow9 stone Protection Area.

10 (2) Nothing in this subsection shall be construed to

11 affect existing facilities other than geothermal wells.

12 (b) MANAGEMENT.—The Secretary shall review Na13 tional Park Service management of Yellowstone National

14 Park and shall take such steps as may be necessary to

15 protect the protected systems and features and the hydro16 thermal, geothermal, and groundwater resources of such

17 National Park free from injury or impairment.

18 (c) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to affect the ban or prohibitions

20 referenced under sections 28(f) and 30(c) of the Geo21 thermal Steam Act of 1970.

22 SEC. 6. RESEARCH.

23 (a) IN GENERAL.—The National Park Service, in

24 consultation with the Forest Service, the United States

25 Geological Survey, and each State agency implementing

26 an approved State program, shall research the characteris-
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1 tics of the protected systems and features, inventory and

2 research the existing and potential effects (including cu3 mulative effects) of hydrothermal, geothermal, mineral, or

4 other resources development (including development of

5 groundwater other than regulated resources) on such sys6 tems and features, and periodically inform Congress con7 cerning the results of such inventory and research.

8 (b) UNDER STATE PROGRAM.—If an approved State

9 program provides for research described in subsection (a),

10 the Secretary, in cooperation with the relevant State, may

11 conduct such research in areas within and adjoining Yel12 lowstone National Park.

13 (c) NONINTRUSIVE METHODOLOGIES.—Except for

14 research within a National Park System unit approved by

15 the Secretary or elsewhere under a permit issued by a

16 State agency implementing an approved State program,

17 research pursuant to this section shall exclusively use

18 nonintrusive methodologies.

19 (d) LIMITATION.—Nothing in this Act shall be con20 strued as authorizing any activities within any unit of the

21 National Park System inconsistent with laws or policies

22 applicable to the relevant unit.

23 SEC. 7. STATE MANAGEMENT PROGRAMS.

24 (a) DEVELOPMENT.—The States of Montana, Wyo25 ming, and Idaho are encouraged to develop State pro-
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1 grams for the management of regulated resources outside

2 of Yellowstone National Park to preserve and protect, free

3 from injury or impairment, the protected systems and

4 features.

5 (b) PERMIT.—As of the date of enactment of this

6 Act, no person shall engage in any use (including re7 search), production, exploration, or development of any

8 regulated resources on any land located within the Yellow9 stone Protection Area except to the extent authorized by

10 a permit issued by a State agency implementing an ap11 proved State program.

12 (c) STATE AUTHORITY.—(1) In the implementation

13 of an approved State program, a State may exercise the

14 authority to grant permits under subsection (b) for the

15 use (including research), production, exploration, or devel16 opment of any regulated resources within the Yellowstone

17 Protection Area.

18 (2) Notwithstanding any other provision of law, no

19 permit issued prior to the date of enactment of this Act

20 shall be deemed to have been issued in the implementation

21 of an approved State program, but in the event that after

22 the date of enactment of this Act the Secretary, on the

23 basis of research pursuant to section 6, determines that

24 groundwater with a temperature of 59 degrees Fahrenheit

25 or less has characteristics that indicate it may be directly
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1 related to the protected systems and features, a permit

2 issued prior to such determination with respect to such

3 groundwater shall not be invalidated unless, pursuant to

4 the procedures in an approved State program it is deter5 mined that continued utilization of the groundwater cov6 ered by such permit would be inconsistent with the pur7 poses of this Act.

8 (3)(A) The Secretary shall monitor the implementa9 tion of an approved State program (including the State’s

10 enforcement thereof) to assure consistency with the re11 quirements of this Act.

12 (B) The Secretary may suspend implementation of an

13 approved State program if such implementation (including

14 the State’s enforcement thereof) is not being exercised in

15 a manner consistent with this Act. During any such sus16 pension, no permit granted under such program shall be

17 effective except to the extent the Secretary determines

18 that the permitted activities would be consistent with the

19 purposes of this Act.

20 (C) If an approved State program includes proce21 dures for the exercise of the Secretary’s authority to sus22 pend such a program’s implementation, the Secretary

23 shall follow such procedures.

24 (d) APPROVAL BY THE SECRETARY.—(1) The Sec25 retary may approve a program submitted by a State if
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1 the Secretary determines that such program, when imple2 mented, will fulfill the purposes of this Act regarding the

3 protection of the protected systems and features.

4 (2) The Secretary shall not approve any State pro5 gram submitted under this section until the Secretary

6 has—

7 (A) solicited, publicly disclosed, and considered

8 the views of the heads of other State and Federal

9 agencies the Secretary determines are concerned

10 with the proposed State program;

11 (B) solicited, publicly disclosed, and considered

12 the views of the public; and

13 (C) found that the State has the necessary legal

14 authority and qualified personnel for the regulation

15 and management of regulated resources outside Yel16 lowstone National Park consistent with the require17 ments of this Act.

18 (3)(A) The Secretary may approve or disapprove a

19 program in whole or in part.

20 (B) If the Secretary disapproves any proposed State

21 program, in whole or in part, the Secretary shall notify

22 the State in writing of the decision and set forth in detail

23 the reasons therefor. The State may submit a revised

24 State program or portion thereof.
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1 (4) The Secretary shall not approve any State pro2 gram that does not, at a minimum—

3 (A) include ongoing scientific review of restric4 tions, boundaries, and permits applicable to the de5 velopment of a regulated resource;

6 (B) require that, in conducting the scientific re7 view referred to in subparagraph (A) and in imple8 menting the State program, any doubt shall be re9 solved in favor of protection of the protected systems

10 and features;

11 (C) allow the State agency authorized to admin12 ister the program to reject recommendations based

13 on the scientific review referred to in subparagraph

14 (A), to the extent such rejection is necessary to

15 guarantee no adverse effect on the hydrothermal sys16 tem within Yellowstone National Park; and

17 (D) enable citizens of such State to obtain judi18 cial review of actions taken by the State agency im19 plementing the program to the extent necessary to

20 assure that such actions are consistent with all ap21 plicable law, including this Act.

22 (e) SCOPE.—Except to the extent an approved State

23 program is being implemented by a State, section 5(a) of

24 this Act shall apply to the Yellowstone Protection Area.
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1 (f) MODIFICATION OF YELLOWSTONE PROTECTION

2 AREA.—(1) The boundaries of the Yellowstone Protection

3 Area in a State may be modified pursuant to an approved

4 State program to the extent such modification is approved

5 by the Secretary.

6 (2) The Secretary shall not approve any such modi7 fication that the Secretary finds would not be consistent

8 with the purposes of this Act.

9 (3) The Secretary shall revise the map of the Yellow10 stone Protection Area to reflect any approved boundary

11 modifications.

12 (4) If an approved State program includes procedures

13 for the exercise of the Secretary’s authority to approve

14 modifications of the boundaries of the Yellowstone Protec15 tion Area, the Secretary shall follow such procedures.

16 (g) COOPERATIVE AGREEMENTS.—The Secretary is

17 authorized to enter into cooperative agreements with the

18 States of Montana, Idaho, and Wyoming and with the Sec19 retary of Agriculture to fulfill the purposes of this Act.

20 (h) FEDERAL FINANCIAL ASSISTANCE.—(1) Subject

21 to appropriation, the Secretary may provide financial as22 sistance for the implementation of an approved State pro23 gram. In providing such assistance, the Secretary may

24 enter into appropriate funding agreements, including

25 grants and cooperative agreements, with a State agency
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1 or agencies, upon such terms and conditions as the Sec2 retary deems appropriate.

3 (2) A recipient State may invest funds provided

4 under this subsection so long as such funds, together with

5 interest and any other earnings thereon, shall be available

6 for use by the State only under the terms and conditions

7 of the approved State program and an agreement entered

8 into with the Secretary under this subsection and shall

9 not be used by the State for any other purpose.

10 SEC. 8. MONTANA PROGRAM.

11 (a) APPROVAL.—(1) The Congress finds that Article

12 IV of the compact, when implemented, will fulfill the pur13 poses of this Act regarding the protection of the protected

14 systems and features.

15 (2) All provisions of section 7 are applicable to this

16 section, except for purposes of section 7(d)(1) the Com17 pact shall be deemed to have been submitted to the Sec18 retary, and, notwithstanding sections 7(d)(2), 7(d)(3), and

19 7(d)(4), once signed by the Secretary and the Attorney

20 General of the United States, Article IV thereof shall be

21 considered an approved State program for regulation of

22 groundwater resources, including the hydrothermal re23 sources within the Montana portion of the Yellowstone

24 Protection Area. Article IV of the Compact shall not be

25 considered an approved State program for the manage-
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1 ment of regulated resources within the Montana portion

2 of the Yellowstone protection area other than groundwater

3 resources.

4 (b) SCOPE.—Nothing in this Act shall be construed

5 as amending the Compact or as altering its status in rela6 tionship to any litigation with regard to water rights.

7 (c) REVIEW PROCEDURES.—For purposes of sections

8 7(c)(3)(B), 7(c)(3)(C), 7(f)(1), and 7(f)(2), the provisions

9 of the Compact with respect to—

10 (1) review of administrative decisions under Ar11 ticle IV of the Compact;

12 (2) enforcement of the Compact;

13 (3) the discretion of any party to the Compact

14 to withdraw therefrom; and

15 (4) modification of boundaries and restrictions

16 within the Controlled Groundwater Area,

17 shall be deemed to be procedures for the exercise of the

18 Secretary’s authority to approve modifications of the

19 boundaries of the Yellowstone Protection Area or to sus20 pend the implementation of an approved State program.

21 SEC. 9. IDAHO PROGRAM.

22 For purposes of section 7(d)(1), the provisions of

23 Section 42 of the Idaho Code related to geothermal re24 sources shall be deemed to have been submitted to the Sec25 retary for approval as an approved State program.
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1 SEC. 10. WYOMING PROGRAM.

2 For purposes of section 7(d)(1), the provisions of the

3 laws of the State of Wyoming referenced in the letter from

4 the Wyoming State Engineer included in the Committee

5 report to accompany H.R. 1137 of the 103rd Congress

6 shall be deemed to have been submitted to the Secretary

7 for approval as an approved State program.

8 SEC. 11. CITIZEN SUITS.

9 (a) IN GENERAL.—(1) Any person may commence a

10 civil suit on the person’s own behalf to enjoin any party,

11 including the United States, except for a State or agency

12 or political subdivision thereof, that the plaintiff alleges—

13 (A) is in violation of any provision of this Act;

14 or

15 (B) is using a regulated resource in the absence

16 of, or beyond the scope of the terms or conditions

17 of, a permit issued pursuant to an approved State

18 program, or in violation of regulations issued under

19 the authority of an approved State program.

20 (2) The Federal district courts shall have jurisdiction,

21 without regard to the amount in controversy or the citizen22 ship of the parties—

23 (A) to require the Secretary or another party to

24 take any steps required or permitted by this Act, if

25 those steps are necessary to fulfill the purposes of

26 this Act; or
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1 (B) to enforce the provisions, prohibitions, per2 mits, or regulations of an approved State program.

3 (b) VENUE AND INTERVENTION.—(1) Any suit under

4 this section may be brought in any appropriate judicial

5 district.

6 (2) In any such suit under this section in which the

7 United States is not a party, the Attorney General of the

8 United States, at the request of the Secretary, may inter9 vene on behalf of the United States as a matter of right.

10 (c) COSTS.—The court, in issuing any final order in

11 any suit brought under this section, may award costs of

12 litigation (including reasonable attorney and expert wit13 ness fees) to any party, whenever the court determines

14 such award is appropriate.

15 (d) NONEXCLUSIVE RELIEF.—The injunctive relief

16 provided by this subsection shall not restrict any right

17 which any person (or class of persons) may have under

18 any statute or common law to seek judicial review of ac19 tions taken by the State agency implementing an approved

20 State program or to seek enforcement of any standard or

21 limitation or to seek any other relief including relief

22 against the Secretary.

23 (e) NOTICE.—Before seeking the injunctive relief au24 thorized under this section, notice of intent to sue shall

25 be given to the Secretary, the State agency implementing
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1 any relevant approved State program described in section

2 7, and each intended defendant. Such notice shall allow

3 the minimum period of time necessary for an intended de4 fendant to take those measures that (1) will cure any al5 leged violations of this Act, or (2) will end any alleged

6 improper use of regulated resources, as described in sub7 section (a)(1)(B).

8 SEC. 12. JUDICIAL REVIEW.

9 (a) ADMINISTRATIVE PROCEDURES.—Except as pro10 vided in this section, any Federal agency action or failure

11 to act to implement or enforce this Act shall be subject

12 to judicial review in accordance with and to the extent pro13 vided by chapter 7 of title 5, United States Code.

14 (b) REMEDY.—The sole remedy available to any per15 son claiming deprivation of a vested property right by en16 actment of this Act or Federal action pursuant to this Act

17 shall be an action for monetary damages, filed pursuant

18 to sections 1491 or 1505 of title 28, United States Code,

19 in the Court of Federal Claims. Any just compensation

20 awards determined by the Court of Federal Claims to be

21 due to a claimant shall be paid consistent with section

22 2517 of such title.
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1 SEC. 13. REGULATIONS.

2 No later than two years after the date of enactment

3 of this Act, the Secretary shall promulgate such rules and

4 regulations as are necessary to implement this Act.

5 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated such sums

7 as may be necessary to carry out this Act.

8 SEC. 15. SCOPE OF ACT.

9 Nothing in this Act shall be construed as increasing

10 or diminishing any rights of the United States with re11 spect to water, or as affecting any previous adjudication

12 of or any agreement concerning any such rights.

13 TITLE I—OLD FAITHFUL PROTECTION ACT

14 SECTION 101. SHORT TITLE.

15 This title may be cited as the ‘‘Old Faithful Protection

16 Act of 1994’’.

17 SEC. 102. FINDINGS AND PURPOSES.

18 (a) FINDINGS.—The Congress finds that—

19 (1) Yellowstone National Park is a unique and

20 irreplaceable national and international treasure and

21 part of one of the few remaining undisturbed hydro22 thermal systems in the world;

23 (2) there is a risk that unrestricted hydrothermal

24 or geothermal resource development adjacent to Yel25 lowstone National Park in the State of Montana will

26 interfere with or adversely affect the hydrothermal
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1 and geothermal features of such Park or the manage2 ment of relevant mineral resources;

3 (3) further research is needed to understand the

4 characteristics of the thermal systems and features

5 and the effects of development on such systems and

6 features on lands outside of Yellowstone National

7 Park but within the Yellowstone Protection Area, as

8 such area is defined in this title;

9 (4) preservation and protection of the thermal

10 system associated with and the features within Yel11 lowstone National Park is a benefit to the people of

12 the United States and the world;

13 (5) cooperation between the United States and

14 the State of Montana to protect and preserve Yellow15 stone National Park is desirable; and

16 (6) as a settlement of litigation concerning water

17 rights, including the reserved water rights of the

18 United States associated with units of the National

19 Park System in Montana, the Department of the Inte20 rior and the Department of Justice, on behalf of the

21 United States, and a Compact Commission, on behalf

22 of the State of Montana, have developed a Compact

23 that constitutes such a settlement of litigation con24 cerning matters within its scope and which, in Article

25 IV, establishes a program for regulation of develop-
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1 ment and use of groundwater in areas adjacent to

2 Yellowstone National Park.

3 (b) PURPOSES.—The purposes of this title are—

4 (1) to require the Secretary to take the necessary

5 actions to preserve and protect the thermal systems

6 and features of Yellowstone National Park;

7 (2) to provide a framework for management by

8 the State of Montana of regulated resources within the

9 Yellowstone Protection Area outside of but directly re10 lated to Yellowstone National Park to preserve and

11 protect the thermal systems and features of Yellow12 stone National Park;

13 (3) to authorize, as provided in section 8, ap14 proval of Article IV of the Compact as an appropriate

15 State program;

16 (4) to require relevant research; and

17 (5) to authorize to be appropriated, as provided

18 in section 111, necessary sums.

19 SEC. 103. DEFINITIONS.

20 For purposes of this title:

21 (1) The term ‘‘Secretary’’ means the Secretary of

22 the Interior except as otherwise provided.

23 (2) The term ‘‘Yellowstone Protection Area’’

24 means the area in Montana identified on the map en25 titled ‘‘Yellowstone Protection Area’’, numbered
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1 20036B, and dated September 1994, and any modi2 fications thereof as may be made under section 107.

3 (3) The term ‘‘thermal systems and features’’

4 means the hydrothermal and geothermal systems and

5 features of Yellowstone National Park associated with

6 the regulated resources within the Yellowstone Protec7 tion Area.

8 (4) The term ‘‘regulated resources’’ means—

9 (A) geothermal steam and associated geo10 thermal resources, as defined in section 2(c) of

11 the Geothermal Steam Act of 1970 (30 U.S.C.

12 1001(c)); or

13 (B) groundwater with a temperature in ex14 cess of 59 degrees Fahrenheit.

15 (5) The term ‘‘well’’ means a well or facility pro16 ducing or intended to produce regulated resources but

17 excludes facilities that would do no more than utilize

18 the natural unenhanced surface flow of a natural

19 spring.

20 (6) The term ‘‘approved State program’’ means

21 the program of Montana approved pursuant to this

22 title.

23 (7) The term ‘‘Compact’’ means the water rights

24 compact entered into by the United States and the

25 State of Montana on January 31, 1994.
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1 (8) Except as otherwise provided in this title,

2 terms used in this title shall have the same meaning

3 as in the Geothermal Steam Act of 1970.

4 SEC. 104. RESTRICTION ON FEDERAL LANDS.

5 (a) The Congress hereby declares that—

6 (1) Yellowstone National Park possesses numer7 ous thermal features, including Old Faithful geyser

8 and approximately 10,000 other geysers and hot

9 springs, and is hereby designated as a significant

10 thermal feature unto itself; and

11 (2) Federal legislation is desirable to preserve

12 and protect these features.

13 (b) The Congress hereby declares that any use of, or

14 production from, any existing well, or any exploration for,

15 or development of, any new well within the boundary of

16 the Yellowstone Protection Area, as defined in section

17 103(2) of the Old Faithful Protection Act of 1994, risks ad18 verse effects on the thermal features of Yellowstone National

19 Park.

20 (c) Notwithstanding any other provision of law, the

21 Secretary shall not issue any geothermal lease pursuant to

22 the Geothermal Steam Act (30 U.S.C. 1001 and following)

23 for lands within the boundary of the Yellowstone Protection

24 Area. Nothing in this section shall be construed to apply

25 to any lands not owned by the United States.
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1 SEC. 105. MORATORIUM ON LANDS WITHIN THE YELLOW2 STONE PROTECTION AREA.

3 (a) PROHIBITION.—Except as provided by sections 107

4 and 108 of this title, there shall be no use (except for mon5 itoring by the Secretary or monitoring under the approved

6 State program) of, or production from, any existing well

7 and no exploration for, or development of, any new well

8 within the Yellowstone Protection Area.

9 (b) MANAGEMENT.—The Secretary shall review Na10 tional Park Service management of Yellowstone National

11 Park and shall take such steps as may be necessary to pro12 tect and preserve the thermal systems and features of such

13 National Park.

14 SEC. 106. RESEARCH.

15 (a) IN GENERAL.—The National Park Service, in con16 sultation with the Forest Service, the United States Geologi17 cal Survey, and each State agency implementing an ap18 proved State program, shall research the characteristics of

19 the thermal systems and features within the Yellowstone

20 Protection Area, inventory and research the existing and

21 potential effects (including cumulative effects) of hydro22 thermal or geothermal development on such systems and

23 features, and periodically, but not less than once every five

24 years, inform Congress concerning the results of such inven25 tory and research.
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1 (b) UNDER STATE PROGRAM.—If the approved State

2 program provides for research described in subsection (a),

3 both the Secretary and the relevant State may conduct such

4 research within the Yellowstone Protection Area.

5 (c) NONINTRUSIVE METHODOLOGIES.—Except for re6 search within a National Park System unit within the Yel7 lowstone Protection Area approved by the Secretary or else8 where under a permit issued by a State agency implement9 ing the approved State program, research pursuant to this

10 section shall exclusively use nonintrusive methodologies.

11 (d) LIMITATION.—Nothing in this title shall be con12 strued as authorizing any activities within any unit of the

13 National Park System in the Yellowstone Protection Area

14 inconsistent with laws or policies applicable to the relevant

15 unit.

16 SEC. 107. STATE MANAGEMENT PROGRAMS.

17 (a) DEVELOPMENT.—The State of Montana is encour18 aged to develop and maintain State programs for the man19 agement of regulated resources outside of Yellowstone Na20 tional Park to preserve and protect the thermal systems and

21 features of Yellowstone National Park.

22 (b) PERMIT.—Except as provided for in section 106,

23 as of the date of enactment of this title, no person shall

24 engage in any use (including research), production, explo25 ration, or development of any regulated resources on non-
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1 Federal lands within the Yellowstone Protection Area except

2 to the extent authorized by a permit issued by a State agen3 cy implementing the approved State program.

4 (c) STATE AUTHORITY.—(1) In the implementation of

5 an approved State program, the State of Montana may ex6 ercise the authority to grant permits under subsection (b)

7 for the use (including research), production, exploration, or

8 development of any regulated resources within the Yellow9 stone Protection Area.

10 (2) Notwithstanding any other provision of law, no

11 permit within the Yellowstone Protection Area for regulated

12 resources issued prior to January 31, 1994 shall be deemed

13 to have been issued in the implementation of an approved

14 State program.

15 (3)(A) The Secretary shall monitor the implementation

16 of the approved State program (including the State’s en17 forcement thereof) to assure consistency with the require18 ments of this title.

19 (B) The Secretary may suspend implementation of the

20 approved State program if such implementation (including

21 the State’s enforcement thereof) is not being exercised in a

22 manner consistent with this title. During any such suspen23 sion, no permit granted under such program shall be effec24 tive except to the extent the Secretary determines that the
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1 permitted activities would be consistent with the purposes

2 of this title.

3 (C) If the approved State program includes procedures

4 for the exercise of the Secretary’s authority to suspend such

5 a program’s implementation, the Secretary shall follow such

6 procedures. If no such procedures are included in a State

7 program, the Secretary shall provide notice and a reason8 able time to comply with this title.

9 (d) SCOPE.—Except to the extent an approved State

10 program is being implemented by a State, section 105(a)

11 of this title shall apply to the Yellowstone Protection Area.

12 (e) MODIFICATION OF YELLOWSTONE PROTECTION

13 AREA.—(1) The boundaries of the Yellowstone Protection

14 Area in the State of Montana may be modified pursuant

15 to the approved State program if such modification is ap16 proved by the Secretary.

17 (2) The Secretary shall not approve any such modi18 fication that the Secretary finds would not be consistent

19 with the purposes of this title or includes any area outside

20 the State of Montana.

21 (3) The Secretary shall revise the map of the Yellow22 stone Protection Area to reflect any approved boundary

23 modifications.

24 (4) If the approved State program includes procedures

25 for the exercise of the Secretary’s authority to approve
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1 modifications of the boundaries of the Yellowstone Protec2 tion Area, the Secretary shall follow such procedures.

3 (f) COOPERATIVE AGREEMENTS.—The Secretary is au4 thorized to enter into cooperative agreements with the State

5 of Montana and with the Secretary of Agriculture to fulfill

6 the purposes of this title.

7 (g) FEDERAL FINANCIAL ASSISTANCE.—(1) Subject to

8 appropriation, the Secretary may provide financial assist9 ance for the implementation of the approved State program.

10 In providing such assistance, the Secretary may enter into

11 appropriate funding agreements, including grants and co12 operative agreements, with a State agency or agencies, upon

13 such terms and conditions as the Secretary deems appro14 priate.

15 (2) The State of Montana may invest funds provided

16 under this subsection so long as such funds, together with

17 interest and any other earnings thereon, shall be available

18 for use by the State only under the terms and conditions

19 of the approved State program and an agreement entered

20 into with the Secretary under this subsection and shall not

21 be used by the State for any other purpose.

22 SEC. 108. MONTANA PROGRAM.

23 (a) APPROVAL.—(1) The Congress finds that Article IV

24 of the Compact fulfills the purposes of this title regarding
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1 the protection of the thermal systems and features of Yellow2 stone National Park.

3 (2) All provisions of section 107 are applicable to this

4 section, except that the Compact shall be deemed to have

5 been submitted to the Secretary and Article IV thereof shall

6 be considered an approved State program for regulation of

7 groundwater resources within the Yellowstone Protection

8 Area.

9 (b) SCOPE.—Nothing in this title shall be construed

10 as amending the Compact or as altering its status in rela11 tionship to any litigation with regard to water rights.

12 (c) REVIEW PROCEDURES.—For purposes of sections

13 107(c)(3)(B), 107(c)(3)(C), 107(e)(1), and 107(e)(2), the

14 provisions of the Compact with respect to—

15 (1) review of administrative decisions under Ar16 ticle IV of the Compact;

17 (2) enforcement of the Compact;

18 (3) the discretion of any party to the Compact

19 to withdraw therefrom; and

20 (4) modification of boundaries and restrictions

21 within the Controlled Groundwater Area, shall be

22 deemed to be procedures for the exercise of the Sec23 retary’s authority to approve modifications of the

24 boundaries of the Yellowstone Protection Area or to
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1 suspend the implementation of an approved State

2 program.

3 SEC. 109. JUDICIAL REVIEW.

4 (a) ADMINISTRATIVE PROCEDURES.—Except as pro5 vided in this section, any Federal agency action or failure

6 to act to implement or enforcement this title shall be subject

7 to judicial review in accordance with and to the extent pro8 vided by chapter 7 of title 5, United States Code.

9 (b) REMEDY.—The sole remedy available to any person

10 claiming deprivation of a vested property right by enact11 ment of this title or Federal action pursuant to this title

12 shall be an action for monetary damages, filed pursuant

13 to sections 1491 or 1505 of title 28, United States Code,

14 in the Court of Federal Claims. Any just compensation

15 awards determined by the Court of Federal Claims to be

16 due to a claimant shall be paid consistent with section 2517

17 of such title.

18 SEC. 110. REGULATIONS.

19 No later than two years after the date of enactment

20 of this title, the Secretary shall promulgate such rules and

21 regulations as are necessary to implement this title.

22 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated such sums as

24 may be necessary to carry out this title.
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1 SEC. 112. SCOPE OF TITLE.

2 Nothing in this title shall be construed as increasing

3 or diminishing any rights of the United States with respect

4 to water, or as affecting any previous adjudication of or

5 any agreement concerning any such rights.

6 SEC. 113. LAND EXCHANGE.

7 (a) GENERAL.—Notwithstanding any other provision

8 of law and subject to the provisions of this title, the Sec9 retary of Agriculture shall acquire by exchange certain

10 lands and interests in lands owned by the Church Universal

11 and Triumphant, its successors and assigns (referred to in

12 this title as ‘‘the Church’’), located in the Yellowstone Con13 trolled Groundwater Area and Corwin Springs Known Geo14 thermal Resource Area of the Gallatin National Forest.

15 (b) OFFER AND ACCEPTANCE OF LAND AND INTEREST

16 IN LAND.—

17 (1) NON-FEDERAL LANDS AND INTERESTS.—If

18 the Church offers—

19 (A) title that is acceptable to the United

20 States to all rights, title, and interests to ap21 proximately 26 acres of land owned by the

22 Church as depicted on the maps entitled

23 ‘‘Church/Forest Service Land Exchange Pro24 posal’’, dated July 1994;

25 (B) all right, title and interest to the sub26 surface regulated resources estate on all Church
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1 properties within the Yellowstone Controlled

2 Groundwater Area;

3 (C) a perpetual public access road and util4 ity easement of 60 feet in width, plus allowance

5 for cuts and fills, over Church property to the

6 Gallatin National Forest lands in the Cutler

7 Homestead/Sentinel Butte area, as depicted on

8 the maps referenced in paragraph (b)(1)(A); and

9 (D) other rights and covenants in accord10 ance with the terms of the ‘‘Church/Forest Serv11 ice Land Exchange Specifications’’ document

12 prepared pursuant to paragraph (b)(3);

13 the Secretary of Agriculture shall accept a warranty

14 deed to the land specified in paragraph (b)(1)(A), a

15 special warranty deed to the regulated resources speci16 fied in paragraph (b)(1)(B), State water rights trans17 fer documents, and any other such instruments as

18 may be necessary to transfer the above referenced

19 property interests.

20 (2) FEDERAL LAND AND INTERESTS.—

21 (A) GENERAL.—Upon acceptance by the

22 Secretary of Agriculture of title to the lands, in23 terests, and rights and covenants offered by the

24 Church pursuant to paragraph (b)(1)—
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1 (i) the Secretary, upon request by the

2 Secretary of Agriculture, shall convey by

3 patent to the Church, subject to all valid ex4 isting rights, and a reservation to the

5 United States of all regulated resources, title

6 to approximately 11 acres within the Gal7 latin National Forest, as depicted on the

8 map referenced in paragraph (b)(3);

9 (ii) the Secretary of Agriculture shall

10 convey an easement to the Church granting

11 the right to collect and transport across

12 Federal lands the natural unenhanced sur13 face flow at LaDuke Hot Springs from its

14 source to the east bank of the Yellowstone

15 River as depicted on the maps referenced in

16 paragraph (b)(1), and the United States

17 shall withdraw all of its water rights claims

18 and objections filed with regard to LaDuke

19 Hot Springs in pending water rights adju20 dications under Federal and State law;

21 (iii) the Secretary shall grant to the

22 Church standard Forest Service rights-of23 way authorizations for existing roads across

24 National Forest System land as generally

25 depicted on the maps referenced in para-
35

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1 graph (b)(1) and further defined by the doc2 ument referenced in paragraph (b)(1)(A);

3 and

4 (iv) the Secretary shall grant to the

5 Church other rights and covenants in ac6 cordance with the terms of the ‘‘Church/For7 est Service Land Exchange Specifications’’

8 document pursuant to paragraph (b)(3).

9 (B) SURVEYS.—Surveys prepared to stand10 ards approved by the Secretary shall be fur11 nished by the Church for the affected Federal and

12 non-Federal lands and surface interests prior to

13 conveyance of the Federal lands and interests in

14 this exchange.

15 (3) AGREEMENT.—The document entitled

16 ‘‘Church/Forest Service Land Exchange Specifica17 tions,’’ jointly developed and agreed to by both par18 ties, shall define the non-Federal and Federal lands

19 and interests involved in this exchange, including

20 legal descriptions of lands and interests, and other

21 terms, conditions, and covenants, but shall not in22 clude any minimum surface flow requirements to the

23 Yellowstone River from LaDuke Hot Springs. Such

24 document, upon completion, shall be transmitted to

25 the Committee on Energy and Natural Resources of
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1 the United States Senate and the Committee on Natu2 ral Resources of the United States House of Rep3 resentatives and shall not take effect until 60 days

4 after receipt by both Committees.

5 (c) TITLE.—

6 (1) REVIEW OF TITLE.—Within ninety days of

7 receipt of the approved surveys and title documents

8 from the Church, the Secretary shall review the title

9 for the non-Federal lands described in subsection (b)

10 and determine whether—

11 (A) the applicable title standards for Fed12 eral land acquisition have been satisfied subject

13 to any variances expressly contained in this

14 title; and

15 (B) all draft conveyances and closing docu16 ments have been received and approved.

17 (2) CONVEYANCE OF TITLE.—In the event the

18 quality of title does not meet Federal standards or is

19 otherwise unacceptable to the Secretary, the Secretary

20 shall advise the Church regarding corrective actions

21 necessary to cure title defects. The conveyance of lands

22 to the Church described in paragraph (b)(2)(A) shall

23 be completed not later than ninety days after the Sec24 retary has approved title.
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1 SEC. 114. GENERAL PROVISIONS.

2 (a) MAPS AND DOCUMENTS.—The maps referred to in

3 section 113 are subject to corrections for any technical er4 rors in describing the properties. The maps and documents

5 described in section 113(b)(1) and 113(b)(3) shall be on file

6 and available for public inspection in the Office of the Chief

7 of the Forest Service, in Washington, D.C.

8 (b) NATIONAL FOREST SYSTEM LANDS.—All lands

9 and interests in lands conveyed to the United States under

10 this title shall be administered in accordance with the laws

11 and regulations pertaining to the National Forest System.

12 (c) VALUATION.—The value of the lands and interests

13 in lands to be exchanged under this title and described in

14 section 113(b) are deemed to be equal, and therefore, no ap15 praisals shall be required.

16 TITLE II—LOST CREEK LAND EXCHANGE

17 SEC. 201. SHORT TITLE.

18 This title may be cited as the ‘‘Lost Creek Land Ex19 change Act of 1994’’.

20 SEC. 202. LAND EXCHANGE.

21 (a) GENERAL.—Notwithstanding any other provision

22 of law, the Secretary of Agriculture (hereinafter referred to

23 in this title as the ‘‘Secretary’’) is authorized and directed

24 to acquire by exchange certain lands and interests in lands

25 owned by the Brand S Corporation, its successors and as26 signs (hereinafter referred to in this title as the ‘‘Corpora-
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1 tion’’), located in the Lost Creek area of the Deerlodge Na2 tional Forest and within the Gallatin National Forest.

3 (b) OFFER AND ACCEPTANCE OF LAND.—

4 (1) NON-FEDERAL LAND.—If the Corporation of5 fers to convey to the United States fee title that is ac6 ceptable to the United States to approximately 18,300

7 acres of land owned by the Corporation and available

8 for exchange, as depicted on the maps entitled ‘‘Brand

9 S/Forest Service Land Exchange Proposal,’’ numbered

10 1 through 3, dated March 1994, and described in the

11 ‘‘Land Exchange Specifications’’ document pursuant

12 to paragraph (b)(3), the Secretary shall accept a war13 ranty deed to such lands.

14 (2) FEDERAL LAND.—Upon acceptance by the

15 Secretary of title to the Corporation’s lands pursuant

16 to paragraph (b)(1) and upon the effective date of the

17 document referred to in paragraph (b)(3), and subject

18 to valid existing rights, the Secretary of the Interior

19 shall convey, by patent, the fee title to approximately

20 10,800 acres on the Deerlodge and Gallatin National

21 Forests, and by timber deed, the right to harvest ap22 proximately 3.5 million board feet of timber on cer23 tain Deerlodge National Forest lands, as depicted on

24 the maps referenced in paragraph (b)(1) and further

25 defined by the document referenced in paragraph
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(b)(3): Provided, That, except for the east 1 1 ⁄2 of sec.

2 10, T3S R8E, the Secretary shall not convey to the

3 Corporation the lands on the Gallatin National For4 est identified as the ‘‘Wineglass Tract’’ on the map

5 entitled ‘‘Wineglass Tract,’’ dated September 1994,

6 unless the Secretary finds that measures are in place

7 to protect the scenic, wildlife, and open space values

8 of the Wineglass Tract. Such finding shall be con9 tained in the document referenced in paragraph

10 (b)(3).

11 (3) AGREEMENT.—A document entitled ‘‘Brand

12 S/Forest Service Land Exchange Specifications,’’

13 shall be jointly developed and agreed to by the Cor14 poration and the Secretary. Such document shall de15 fine the non-Federal and Federal lands to be ex16 changed, and shall include legal descriptions of such

17 lands and interests therein, along with any other

18 agreements. Such document shall be transmitted,

19 upon completion, to the Committee on Energy and

20 Natural Resources of the United States Senate and

21 the Committee on Natural Resources of the United

22 States House of Representatives and shall not take ef23 fect until 60 days after transmittal to both Commit24 tees.
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1 (4) CONFLICT.—In case of conflict between the

2 maps referenced in paragraph (b)(1) and the docu3 ment referenced in paragraph (b)(3), the maps shall

4 govern.

5 (c) TITLE.—

6 (1) REVIEW OF TITLE.—Within sixty days of re7 ceipt of title documents from the Corporation, the Sec8 retary shall review the title for the non-Federal lands

9 described in paragraph (b) and determine whether—

10 (A) applicable title standards for Federal

11 land acquisition have been satisfied or the qual12 ity of title is otherwise acceptable to the Sec13 retary;

14 (B) all draft conveyances and closing docu15 ments have been received and approved;

16 (C) a current title commitment verifying

17 compliance with applicable title standards has

18 been issued to the Secretary; and

19 (D) the Corporation has complied with the

20 conditions imposed by this title.

21 (2) CONVEYANCE OF TITLE.—In the event the

22 title does not meet Federal standards or is otherwise

23 unacceptable to the Secretary, the Secretary shall ad24 vise the Corporation regarding corrective actions nec25 essary to make an affirmative determination. The
41

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1 Secretary, acting through the Secretary of the Inte2 rior, shall effect the conveyance of lands described in

3 paragraph (b)(2) not later than ninety days after the

4 Secretary has made an affirmative determination.

5 (d) RESOLUTION OF PUBLIC ACCESS.—The Secretary

6 is directed, in accordance with existing law, to improve

7 legal public access to Gallatin National Forest System

8 lands between West Pine Creek and Big Creek.

9 SEC. 203. GENERAL PROVISIONS.

10 (a) MAPS AND DOCUMENTS.—The maps referred to in

11 section 202(b)(1) shall be subject to such minor corrections

12 as may be agreed upon by the Secretary and the Corpora13 tion. The maps and document described in section 202(b)

14 (1) and (3) shall be on file and available for public inspec15 tion in the appropriate offices of the Forest Service.

16 (b) NATIONAL FOREST SYSTEM LANDS.—

17 (1) IN GENERAL.—All lands conveyed to the

18 United States under this title shall be added to and

19 administered as part of the Deerlodge or Gallatin Na20 tional Forests, as appropriate, and shall be adminis21 tered by the Secretary in accordance with the laws

22 and regulations pertaining to the National Forest

23 System.

24 (2) WILDERNESS STUDY AREA ACQUISITIONS.—

25 Until Congress determines otherwise, lands acquired
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1 within the Hyalite-Porcupine-Buffalo Horn Wilder2 ness Study Area pursuant to this title shall be man3 aged by the Secretary of Agriculture and the Sec4 retary of the Interior, as appropriate, so as to main5 tain the presently existing wilderness character and

6 potential for inclusion in the National Wilderness

7 Preservation System.

8 (c) VALUATION.—The values of the lands and interests

9 in lands to be exchanged under this title and described in

10 section 202(b) are deemed to be of approximately equal

11 value.

12 (d) LIABILITY FOR HAZARDOUS SUBSTANCES.—

13 (1) The Secretary shall not acquire any lands

14 under this title if the Secretary determines that such

15 lands, or any portion thereof, have become contami16 nated with hazardous substances (as defined in the

17 Comprehensive Environmental Response, Compensa18 tion, and Liability Act (42 U.S.C. 9601)).

19 (2) Notwithstanding any other provision of law,

20 the United States shall have no responsibility or li21 ability with respect to any hazardous wastes or other

22 substances placed on any of the lands covered by this

23 title after their transfer to the ownership of another

24 party, but nothing in this title shall be construed as

25 either diminishing or increasing any responsibility or
43

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1 liability of the United States based on the condition

2 of such lands on the date of their transfer to the own3 ership of another party.

Amend the title so as to read: ‘‘An Act to approve

the Montana Water Rights Compact as a State program

for the regulation of groundwater adjacent to Yellowstone

National Park, and for other purposes.’’.

Passed the House of Representatives November 15,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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HR 1137 RS——3