SEC. 13. REGULATIONS.
No later than two years after the date of enactment
of this Act, the Secretary shall promulgate such rules and
regulations as are necessary to implement this Act.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
SEC. 15. SCOPE OF ACT.
Nothing in this Act shall be construed as increasing
or diminishing any rights of the United States with re-
spect to water, or as affecting any previous adjudication
of or any agreement concerning any such rights.
TITLE I—OLD FAITHFUL PROTECTION ACT
SECTION 101. SHORT TITLE.
This title may be cited as the ‘‘Old Faithful Protection
Act of 1994’’.
SEC. 102. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) Yellowstone National Park is a unique and
irreplaceable national and international treasure and
part of one of the few remaining undisturbed hydro-
thermal systems in the world;
(2) there is a risk that unrestricted hydrothermal
or geothermal resource development adjacent to Yel-
lowstone National Park in the State of Montana will
interfere with or adversely affect the hydrothermal
and geothermal features of such Park or the manage-
ment of relevant mineral resources;
(3) further research is needed to understand the
characteristics of the thermal systems and features
and the effects of development on such systems and
features on lands outside of Yellowstone National
Park but within the Yellowstone Protection Area, as
such area is defined in this title;
(4) preservation and protection of the thermal
system associated with and the features within Yel-
lowstone National Park is a benefit to the people of
the United States and the world;
(5) cooperation between the United States and
the State of Montana to protect and preserve Yellow-
stone National Park is desirable; and
(6) as a settlement of litigation concerning water
rights, including the reserved water rights of the
United States associated with units of the National
Park System in Montana, the Department of the Inte-
rior and the Department of Justice, on behalf of the
United States, and a Compact Commission, on behalf
of the State of Montana, have developed a Compact
that constitutes such a settlement of litigation con-
cerning matters within its scope and which, in Article
IV, establishes a program for regulation of develop-
ment and use of groundwater in areas adjacent to
Yellowstone National Park.
(b) PURPOSES.—The purposes of this title are—
(1) to require the Secretary to take the necessary
actions to preserve and protect the thermal systems
and features of Yellowstone National Park;
(2) to provide a framework for management by
the State of Montana of regulated resources within the
Yellowstone Protection Area outside of but directly re-
lated to Yellowstone National Park to preserve and
protect the thermal systems and features of Yellow-
stone National Park;
(3) to authorize, as provided in section 8, ap-
proval of Article IV of the Compact as an appropriate
State program;
(4) to require relevant research; and
(5) to authorize to be appropriated, as provided
in section 111, necessary sums.
SEC. 103. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘Secretary’’ means the Secretary of
the Interior except as otherwise provided.
(2) The term ‘‘Yellowstone Protection Area’’
means the area in Montana identified on the map en-
titled 
‘‘Yellowstone 
Protection 
Area’’, 
numbered
20036B, and dated September 1994, and any modi-
fications thereof as may be made under section 107.
(3) The term ‘‘thermal systems and features’’
means the hydrothermal and geothermal systems and
features of Yellowstone National Park associated with
the regulated resources within the Yellowstone Protec-
tion Area.
(4) The term ‘‘regulated resources’’ means—
(A) geothermal steam and associated geo-
thermal resources, as defined in section 2(c) of
the Geothermal Steam Act of 1970 (30 U.S.C.
1001(c)); or
(B) groundwater with a temperature in ex-
cess of 59 degrees Fahrenheit.
(5) The term ‘‘well’’ means a well or facility pro-
ducing or intended to produce regulated resources but
excludes facilities that would do no more than utilize
the natural unenhanced surface flow of a natural
spring.
(6) The term ‘‘approved State program’’ means
the program of Montana approved pursuant to this
title.
(7) The term ‘‘Compact’’ means the water rights
compact entered into by the United States and the
State of Montana on January 31, 1994.
(8) Except as otherwise provided in this title,
terms used in this title shall have the same meaning
as in the Geothermal Steam Act of 1970.
SEC. 104. RESTRICTION ON FEDERAL LANDS.
(a) The Congress hereby declares that—
(1) Yellowstone National Park possesses numer-
ous thermal features, including Old Faithful geyser
and approximately 10,000 other geysers and hot
springs, and is hereby designated as a significant
thermal feature unto itself; and
(2) Federal legislation is desirable to preserve
and protect these features.
(b) The Congress hereby declares that any use of, or
production from, any existing well, or any exploration for,
or development of, any new well within the boundary of
the Yellowstone Protection Area, as defined in section
103(2) of the Old Faithful Protection Act of 1994, risks ad-
verse effects on the thermal features of Yellowstone National
Park.
(c) Notwithstanding any other provision of law, the
Secretary shall not issue any geothermal lease pursuant to
the Geothermal Steam Act (30 U.S.C. 1001 and following)
for lands within the boundary of the Yellowstone Protection
Area. Nothing in this section shall be construed to apply
to any lands not owned by the United States.
SEC. 105. MORATORIUM ON LANDS WITHIN THE YELLOW-
STONE PROTECTION AREA.
(a) PROHIBITION.—Except as provided by sections 107
and 108 of this title, there shall be no use (except for mon-
itoring by the Secretary or monitoring under the approved
State program) of, or production from, any existing well
and no exploration for, or development of, any new well
within the Yellowstone Protection Area.
(b) MANAGEMENT.—The Secretary shall review Na-
tional Park Service management of Yellowstone National
Park and shall take such steps as may be necessary to pro-
tect and preserve the thermal systems and features of such
National Park.
SEC. 106. RESEARCH.
(a) IN GENERAL.—The National Park Service, in con-
sultation with the Forest Service, the United States Geologi-
cal Survey, and each State agency implementing an ap-
proved State program, shall research the characteristics of
the thermal systems and features within the Yellowstone
Protection Area, inventory and research the existing and
potential effects (including cumulative effects) of hydro-
thermal or geothermal development on such systems and
features, and periodically, but not less than once every five
years, inform Congress concerning the results of such inven-
tory and research.
(b) UNDER STATE PROGRAM.—If the approved State
program provides for research described in subsection (a),
both the Secretary and the relevant State may conduct such
research within the Yellowstone Protection Area.
(c) NONINTRUSIVE METHODOLOGIES.—Except for re-
search within a National Park System unit within the Yel-
lowstone Protection Area approved by the Secretary or else-
where under a permit issued by a State agency implement-
ing the approved State program, research pursuant to this
section shall exclusively use nonintrusive methodologies.
(d) LIMITATION.—Nothing in this title shall be con-
strued as authorizing any activities within any unit of the
National Park System in the Yellowstone Protection Area
inconsistent with laws or policies applicable to the relevant
unit.
SEC. 107. STATE MANAGEMENT PROGRAMS.
(a) DEVELOPMENT.—The State of Montana is encour-
aged to develop and maintain State programs for the man-
agement of regulated resources outside of Yellowstone Na-
tional Park to preserve and protect the thermal systems and
features of Yellowstone National Park.
(b) PERMIT.—Except as provided for in section 106,
as of the date of enactment of this title, no person shall
engage in any use (including research), production, explo-
ration, or development of any regulated resources on non-
Federal lands within the Yellowstone Protection Area except
to the extent authorized by a permit issued by a State agen-
cy implementing the approved State program.
(c) STATE AUTHORITY.—(1) In the implementation of
an approved State program, the State of Montana may ex-
ercise the authority to grant permits under subsection (b)
for the use (including research), production, exploration, or
development of any regulated resources within the Yellow-
stone Protection Area.
(2) Notwithstanding any other provision of law, no
permit within the Yellowstone Protection Area for regulated
resources issued prior to January 31, 1994 shall be deemed
to have been issued in the implementation of an approved
State program.
(3)(A) The Secretary shall monitor the implementation
of the approved State program (including the State’s en-
forcement thereof) to assure consistency with the require-
ments of this title.
(B) The Secretary may suspend implementation of the
approved State program if such implementation (including
the State’s enforcement thereof) is not being exercised in a
manner consistent with this title. During any such suspen-
sion, no permit granted under such program shall be effec-
tive except to the extent the Secretary determines that the
permitted activities would be consistent with the purposes
of this title.
(C) If the approved State program includes procedures
for the exercise of the Secretary’s authority to suspend such
a program’s implementation, the Secretary shall follow such
procedures. If no such procedures are included in a State
program, the Secretary shall provide notice and a reason-
able time to comply with this title.
(d) SCOPE.—Except to the extent an approved State
program is being implemented by a State, section 105(a)
of this title shall apply to the Yellowstone Protection Area.
(e) MODIFICATION
OF YELLOWSTONE PROTECTION
AREA.—(1) The boundaries of the Yellowstone Protection
Area in the State of Montana may be modified pursuant
to the approved State program if such modification is ap-
proved by the Secretary.
(2) The Secretary shall not approve any such modi-
fication that the Secretary finds would not be consistent
with the purposes of this title or includes any area outside
the State of Montana.
(3) The Secretary shall revise the map of the Yellow-
stone Protection Area to reflect any approved boundary
modifications.
(4) If the approved State program includes procedures
for the exercise of the Secretary’s authority to approve
modifications of the boundaries of the Yellowstone Protec-
tion Area, the Secretary shall follow such procedures.
(f) COOPERATIVE AGREEMENTS.—The Secretary is au-
thorized to enter into cooperative agreements with the State
of Montana and with the Secretary of Agriculture to fulfill
the purposes of this title.
(g) FEDERAL FINANCIAL ASSISTANCE.—(1) Subject to
appropriation, the Secretary may provide financial assist-
ance for the implementation of the approved State program.
In providing such assistance, the Secretary may enter into
appropriate funding agreements, including grants and co-
operative agreements, with a State agency or agencies, upon
such terms and conditions as the Secretary deems appro-
priate.
(2) The State of Montana may invest funds provided
under this subsection so long as such funds, together with
interest and any other earnings thereon, shall be available
for use by the State only under the terms and conditions
of the approved State program and an agreement entered
into with the Secretary under this subsection and shall not
be used by the State for any other purpose.
SEC. 108. MONTANA PROGRAM.
(a) APPROVAL.—(1) The Congress finds that Article IV
of the Compact fulfills the purposes of this title regarding
the protection of the thermal systems and features of Yellow-
stone National Park.
(2) All provisions of section 107 are applicable to this
section, except that the Compact shall be deemed to have
been submitted to the Secretary and Article IV thereof shall
be considered an approved State program for regulation of
groundwater resources within the Yellowstone Protection
Area.
(b) SCOPE.—Nothing in this title shall be construed
as amending the Compact or as altering its status in rela-
tionship to any litigation with regard to water rights.
(c) REVIEW PROCEDURES.—For purposes of sections
107(c)(3)(B), 107(c)(3)(C), 107(e)(1), and 107(e)(2), the
provisions of the Compact with respect to—
(1) review of administrative decisions under Ar-
ticle IV of the Compact;
(2) enforcement of the Compact;
(3) the discretion of any party to the Compact
to withdraw therefrom; and
(4) modification of boundaries and restrictions
within the Controlled Groundwater Area, shall be
deemed to be procedures for the exercise of the Sec-
retary’s authority to approve modifications of the
boundaries of the Yellowstone Protection Area or to
suspend the implementation of an approved State
program.
SEC. 109. JUDICIAL REVIEW.
(a) ADMINISTRATIVE PROCEDURES.—Except as pro-
vided in this section, any Federal agency action or failure
to act to implement or enforcement this title shall be subject
to judicial review in accordance with and to the extent pro-
vided by chapter 7 of title 5, United States Code.
(b) REMEDY.—The sole remedy available to any person
claiming deprivation of a vested property right by enact-
ment of this title or Federal action pursuant to this title
shall be an action for monetary damages, filed pursuant
to sections 1491 or 1505 of title 28, United States Code,
in the Court of Federal Claims. Any just compensation
awards determined by the Court of Federal Claims to be
due to a claimant shall be paid consistent with section 2517
of such title.
SEC. 110. REGULATIONS.
No later than two years after the date of enactment
of this title, the Secretary shall promulgate such rules and
regulations as are necessary to implement this title.
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
may be necessary to carry out this title.
SEC. 112. SCOPE OF TITLE.
Nothing in this title shall be construed as increasing
or diminishing any rights of the United States with respect
to water, or as affecting any previous adjudication of or
any agreement concerning any such rights.
SEC. 113. LAND EXCHANGE.
(a) GENERAL.—Notwithstanding any other provision
of law and subject to the provisions of this title, the Sec-
retary of Agriculture shall acquire by exchange certain
lands and interests in lands owned by the Church Universal
and Triumphant, its successors and assigns (referred to in
this title as ‘‘the Church’’), located in the Yellowstone Con-
trolled Groundwater Area and Corwin Springs Known Geo-
thermal Resource Area of the Gallatin National Forest.
(b) OFFER AND ACCEPTANCE OF LAND AND INTEREST
IN LAND.—
(1) NON-FEDERAL
LANDS
AND
INTERESTS.—If
the Church offers—
(A) title that is acceptable to the United
States to all rights, title, and interests to ap-
proximately 26 acres of land owned by the
Church as depicted on the maps entitled
‘‘Church/Forest Service Land Exchange Pro-
posal’’, dated July 1994;
(B) all right, title and interest to the sub-
surface regulated resources estate on all Church
properties within the Yellowstone Controlled
Groundwater Area;
(C) a perpetual public access road and util-
ity easement of 60 feet in width, plus allowance
for cuts and fills, over Church property to the
Gallatin National Forest lands in the Cutler
Homestead/Sentinel Butte area, as depicted on
the maps referenced in paragraph (b)(1)(A); and
(D) other rights and covenants in accord-
ance with the terms of the ‘‘Church/Forest Serv-
ice Land Exchange Specifications’’ document
prepared pursuant to paragraph (b)(3);
the Secretary of Agriculture shall accept a warranty
deed to the land specified in paragraph (b)(1)(A), a
special warranty deed to the regulated resources speci-
fied in paragraph (b)(1)(B), State water rights trans-
fer documents, and any other such instruments as
may be necessary to transfer the above referenced
property interests.
(2) FEDERAL LAND AND INTERESTS.—
(A) GENERAL.—Upon acceptance by the
Secretary of Agriculture of title to the lands, in-
terests, and rights and covenants offered by the
Church pursuant to paragraph (b)(1)—
(i) the Secretary, upon request by the
Secretary of Agriculture, shall convey by
patent to the Church, subject to all valid ex-
isting rights, and a reservation to the
United States of all regulated resources, title
to approximately 11 acres within the Gal-
latin National Forest, as depicted on the
map referenced in paragraph (b)(3);
(ii) the Secretary of Agriculture shall
convey an easement to the Church granting
the right to collect and transport across
Federal lands the natural unenhanced sur-
face flow at LaDuke Hot Springs from its
source to the east bank of the Yellowstone
River as depicted on the maps referenced in
paragraph (b)(1), and the United States
shall withdraw all of its water rights claims
and objections filed with regard to LaDuke
Hot Springs in pending water rights adju-
dications under Federal and State law;
(iii) the Secretary shall grant to the
Church standard Forest Service rights-of-
way authorizations for existing roads across
National Forest System land as generally
depicted on the maps referenced in para-
graph (b)(1) and further defined by the doc-
ument referenced in paragraph (b)(1)(A);
and
(iv) the Secretary shall grant to the
Church other rights and covenants in ac-
cordance with the terms of the ‘‘Church/For-
est Service Land Exchange Specifications’’
document pursuant to paragraph (b)(3).
(B) SURVEYS.—Surveys prepared to stand-
ards approved by the Secretary shall be fur-
nished by the Church for the affected Federal and
non-Federal lands and surface interests prior to
conveyance of the Federal lands and interests in
this exchange.
(3) 
AGREEMENT.—The 
document 
entitled
‘‘Church/Forest Service Land Exchange Specifica-
tions,’’ jointly developed and agreed to by both par-
ties, shall define the non-Federal and Federal lands
and interests involved in this exchange, including
legal descriptions of lands and interests, and other
terms, conditions, and covenants, but shall not in-
clude any minimum surface flow requirements to the
Yellowstone River from LaDuke Hot Springs. Such
document, upon completion, shall be transmitted to
the Committee on Energy and Natural Resources of
the United States Senate and the Committee on Natu-
ral Resources of the United States House of Rep-
resentatives and shall not take effect until 60 days
after receipt by both Committees.
(c) TITLE.—
(1) REVIEW OF TITLE.—Within ninety days of
receipt of the approved surveys and title documents
from the Church, the Secretary shall review the title
for the non-Federal lands described in subsection (b)
and determine whether—
(A) the applicable title standards for Fed-
eral land acquisition have been satisfied subject
to any variances expressly contained in this
title; and
(B) all draft conveyances and closing docu-
ments have been received and approved.
(2) CONVEYANCE OF TITLE.—In the event the
quality of title does not meet Federal standards or is
otherwise unacceptable to the Secretary, the Secretary
shall advise the Church regarding corrective actions
necessary to cure title defects. The conveyance of lands
to the Church described in paragraph (b)(2)(A) shall
be completed not later than ninety days after the Sec-
retary has approved title.
SEC. 114. GENERAL PROVISIONS.
(a) MAPS AND DOCUMENTS.—The maps referred to in
section 113 are subject to corrections for any technical er-
rors in describing the properties. The maps and documents
described in section 113(b)(1) and 113(b)(3) shall be on file
and available for public inspection in the Office of the Chief
of the Forest Service, in Washington, D.C.
(b) NATIONAL FOREST SYSTEM LANDS.—All lands
and interests in lands conveyed to the United States under
this title shall be administered in accordance with the laws
and regulations pertaining to the National Forest System.
(c) VALUATION.—The value of the lands and interests
in lands to be exchanged under this title and described in
section 113(b) are deemed to be equal, and therefore, no ap-
praisals shall be required.
TITLE II—LOST CREEK LAND EXCHANGE
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Lost Creek Land Ex-
change Act of 1994’’.
SEC. 202. LAND EXCHANGE.
(a) GENERAL.—Notwithstanding any other provision
of law, the Secretary of Agriculture (hereinafter referred to
in this title as the ‘‘Secretary’’) is authorized and directed
to acquire by exchange certain lands and interests in lands
owned by the Brand S Corporation, its successors and as-
signs (hereinafter referred to in this title as the ‘‘Corpora-
tion’’), located in the Lost Creek area of the Deerlodge Na-
tional Forest and within the Gallatin National Forest.
(b) OFFER AND ACCEPTANCE OF LAND.—
(1) NON-FEDERAL LAND.—If the Corporation of-
fers to convey to the United States fee title that is ac-
ceptable to the United States to approximately 18,300
acres of land owned by the Corporation and available
for exchange, as depicted on the maps entitled ‘‘Brand
S/Forest Service Land Exchange Proposal,’’ numbered
1 through 3, dated March 1994, and described in the
‘‘Land Exchange Specifications’’ document pursuant
to paragraph (b)(3), the Secretary shall accept a war-
ranty deed to such lands.
(2) FEDERAL LAND.—Upon acceptance by the
Secretary of title to the Corporation’s lands pursuant
to paragraph (b)(1) and upon the effective date of the
document referred to in paragraph (b)(3), and subject
to valid existing rights, the Secretary of the Interior
shall convey, by patent, the fee title to approximately
10,800 acres on the Deerlodge and Gallatin National
Forests, and by timber deed, the right to harvest ap-
proximately 3.5 million board feet of timber on cer-
tain Deerlodge National Forest lands, as depicted on
the maps referenced in paragraph (b)(1) and further
defined by the document referenced in paragraph