signed by the Secretary of the Interior and the At-
torney General of the United States, will constitute
such a settlement of litigation concerning matters
within its scope and which, in Article IV, also estab-
lishes a program for regulation of development and
use of groundwater in areas adjacent to Yellowstone
National Park.
(b) PURPOSES.—The purposes of this Act are—
(1) to require the Secretary to take the nec-
essary actions to preserve and protect the hydro-
thermal system associated with, and the hydro-
thermal and geothermal features within, Yellowstone
National Park from injury or impairment by protect-
ing the Federal reserved water rights of Yellowstone
National Park;
(2) to provide a framework for management by
the States of Montana, Wyoming, and Idaho of reg-
ulated resources outside of but significantly related
to Yellowstone National Park to the extent such
States implement appropriate approved programs for
such management that are adequate to preserve and
protect, free from injury or impairment, the pro-
tected systems and features;
(3) to authorize, as provided in section 8, ap-
proval of Article IV of the Compact as such an ap-
propriate State program; and
(4) to require relevant research.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) The term ‘‘Yellowstone Protection Area’’
means the area in Montana, Idaho, and Wyoming
identified on the map entitled ‘‘Yellowstone Protec-
tion Area’’, numbered 20036, and dated May 1993,
and any modifications thereof as may be made under
section 7.
(3) The term ‘‘protected systems and features’’
means the hydrothermal and geothermal systems
and hydrothermal and geothermal features associ-
ated with Yellowstone National Park.
(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)); and
(B) hydrothermal resources.
(5) The term ‘‘geothermal well’’ means a well
or facility producing or intended to produce regu-
lated resources.
(6) The term ‘‘hydrothermal system’’ means a
groundwater system, including cold water recharge
and transmission and warm and hot water dis-
charge.
(7) The term ‘‘hydrothermal resources’’ means
groundwater with a temperature in excess of 59 de-
grees Fahrenheit and any other groundwater that,
on the basis of research pursuant to section 6, and,
in a State with an approved State program, pursu-
ant to the procedures in such approved State pro-
gram, is determined to have characteristics that in-
dicate it may be directly related to the protected sys-
tems and features.
(8) The term ‘‘approved State program’’ means
a program of Montana, Idaho, or Wyoming that has
been submitted to the Secretary and has been ap-
proved pursuant to this Act.
(9) The term ‘‘Compact’’ means the water
rights compact ratified in 1993 by the State of Mon-
tana through enactment of H.B. 692.
(10) Except as otherwise provided in this Act,
terms used in this Act shall have the same meaning
as in the Geothermal Steam Act of 1970.
SEC. 4. RESTRICTION ON FEDERAL LANDS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001
and following) is amended by adding at the end thereof
the following new section:
‘‘SEC. 30. (a) The Congress hereby declares that—
‘‘(1) Yellowstone National Park possesses nu-
merous hydrothermal and geothermal features, in-
cluding Old Faithful geyser and approximately
10,000 other geysers and hot springs, and warrants
designation as a significant thermal feature unto
itself;
‘‘(2) the establishment of the Park in 1872 re-
served to the United States a water right which in-
cludes a right with respect to groundwater (includ-
ing the water in the hydrothermal system supporting
such features) necessary to preserve and protect
such features for the benefit of future generations;
and
‘‘(3) Federal legislation is desirable to protect
these Federal water rights from possible injury or
damage.
‘‘(b) The Congress hereby declares that any use of,
or production from, any existing geothermal well, as such
term is defined in section 3(5) of the Old Faithful Protec-
tion Act of 1993, or any exploration for, or development
of, any new geothermal well or any facility related to the
use of geothermal steam and associated geothermal re-
sources within the boundary of the Yellowstone Protection
Area, as defined in section 3(2) of the Old Faithful Pro-
tection Act of 1993, risks adverse effects on the hydro-
thermal and geothermal features of Yellowstone National
Park.
‘‘(c) The Secretary shall not issue a lease under this
Act for lands within the boundary of the Yellowstone Pro-
tection Area, as defined in section 3(2) of the Old Faithful
Protection Act of 1993. Nothing in this section shall be
construed to either affect the ban on leasing referenced
under section 28(f) or to apply to any lands not owned
by the United States.’’.
SEC. 5. MORATORIUM ON OTHER LANDS.
(a) PROHIBITION.—(1) Except as provided by sec-
tions 7 and 8 of this Act, there shall be no use (except
for monitoring by the Secretary or monitoring under an
approved State program) of, or production from, any ex-
isting geothermal well and no exploration for, or develop-
ment of, any new geothermal well or any other new facility
related to the use of regulated resources within the Yellow-
stone Protection Area.
(2) Nothing in this subsection shall be construed to
affect existing facilities other than geothermal wells.
(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
protect the protected systems and features and the hydro-
thermal, geothermal, and groundwater resources of such
National Park free from injury or impairment.
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect the ban or prohibitions
referenced under sections 28(f) and 30(c) of the Geo-
thermal Steam Act of 1970.
SEC. 6. RESEARCH.
(a) IN GENERAL.—The National Park Service, in
consultation with the Forest Service, the United States
Geological Survey, and each State agency implementing
an approved State program, shall research the characteris-
tics of the protected systems and features, inventory and
research the existing and potential effects (including cu-
mulative effects) of hydrothermal, geothermal, mineral, or
other resources development (including development of
groundwater other than regulated resources) on such sys-
tems and features, and periodically inform Congress con-
cerning the results of such inventory and research.
(b) UNDER STATE PROGRAM.—If an approved State
program provides for research described in subsection (a),
the Secretary, in cooperation with the relevant State, may
conduct such research in areas within and adjoining Yel-
lowstone National Park.
(c) NONINTRUSIVE METHODOLOGIES.—Except for
research within a National Park System unit approved by
the Secretary or elsewhere under a permit issued by a
State agency implementing an approved State program,
research pursuant to this section shall exclusively use
nonintrusive methodologies.
(d) LIMITATION.—Nothing in this Act shall be con-
strued as authorizing any activities within any unit of the
National Park System inconsistent with laws or policies
applicable to the relevant unit.
SEC. 7. STATE MANAGEMENT PROGRAMS.
(a) DEVELOPMENT.—The States of Montana, Wyo-
ming, and Idaho are encouraged to develop State pro-
grams for the management of regulated resources outside
of Yellowstone National Park to preserve and protect, free
from injury or impairment, the protected systems and
features.
(b) PERMIT.—As of the date of enactment of this
Act, no person shall engage in any use (including re-
search), production, exploration, or development of any
regulated resources on any land located within the Yellow-
stone Protection Area except to the extent authorized by
a permit issued by a State agency implementing an ap-
proved State program.
(c) STATE AUTHORITY.—(1) In the implementation
of an approved State program, a State may exercise the
authority to grant permits under subsection (b) for the
use (including research), production, exploration, or devel-
opment of any regulated resources within the Yellowstone
Protection Area.
(2) Notwithstanding any other provision of law, no
permit issued prior to the date of enactment of this Act
shall be deemed to have been issued in the implementation
of an approved State program, but in the event that after
the date of enactment of this Act the Secretary, on the
basis of research pursuant to section 6, determines that
groundwater with a temperature of 59 degrees Fahrenheit
or less has characteristics that indicate it may be directly
related to the protected systems and features, a permit
issued prior to such determination with respect to such
groundwater shall not be invalidated unless, pursuant to
the procedures in an approved State program it is deter-
mined that continued utilization of the groundwater cov-
ered by such permit would be inconsistent with the pur-
poses of this Act.
(3)(A) The Secretary shall monitor the implementa-
tion of an approved State program (including the State’s
enforcement thereof) to assure consistency with the re-
quirements of this Act.
(B) The Secretary may suspend implementation of an
approved State program if such implementation (including
the State’s enforcement thereof) is not being exercised in
a manner consistent with this Act. During any such sus-
pension, no permit granted under such program shall be
effective except to the extent the Secretary determines
that the permitted activities would be consistent with the
purposes of this Act.
(C) If an approved State program includes proce-
dures for the exercise of the Secretary’s authority to sus-
pend such a program’s implementation, the Secretary
shall follow such procedures.
(d) APPROVAL BY THE SECRETARY.—(1) The Sec-
retary may approve a program submitted by a State if
the Secretary determines that such program, when imple-
mented, will fulfill the purposes of this Act regarding the
protection of the protected systems and features.
(2) The Secretary shall not approve any State pro-
gram submitted under this section until the Secretary
has—
(A) solicited, publicly disclosed, and considered
the views of the heads of other State and Federal
agencies the Secretary determines are concerned
with the proposed State program;
(B) solicited, publicly disclosed, and considered
the views of the public; and
(C) found that the State has the necessary legal
authority and qualified personnel for the regulation
and management of regulated resources outside Yel-
lowstone National Park consistent with the require-
ments of this Act.
(3)(A) The Secretary may approve or disapprove a
program in whole or in part.
(B) If the Secretary disapproves any proposed State
program, in whole or in part, the Secretary shall notify
the State in writing of the decision and set forth in detail
the reasons therefor. The State may submit a revised
State program or portion thereof.
(4) The Secretary shall not approve any State pro-
gram that does not, at a minimum—
(A) include ongoing scientific review of restric-
tions, boundaries, and permits applicable to the de-
velopment of a regulated resource;
(B) require that, in conducting the scientific re-
view referred to in subparagraph (A) and in imple-
menting the State program, any doubt shall be re-
solved in favor of protection of the protected systems
and features;
(C) allow the State agency authorized to admin-
ister the program to reject recommendations based
on the scientific review referred to in subparagraph
(A), to the extent such rejection is necessary to
guarantee no adverse effect on the hydrothermal sys-
tem within Yellowstone National Park; and
(D) enable citizens of such State to obtain judi-
cial review of actions taken by the State agency im-
plementing the program to the extent necessary to
assure that such actions are consistent with all ap-
plicable law, including this Act.
(e) SCOPE.—Except to the extent an approved State
program is being implemented by a State, section 5(a) of
this Act shall apply to the Yellowstone Protection Area.
(f) MODIFICATION OF YELLOWSTONE PROTECTION
AREA.—(1) The boundaries of the Yellowstone Protection
Area in a State may be modified pursuant to an approved
State program to the extent such modification is approved
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 Act.
(3) The Secretary shall revise the map of the Yellow-
stone Protection Area to reflect any approved boundary
modifications.
(4) If an 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.
(g) COOPERATIVE AGREEMENTS.—The Secretary is
authorized to enter into cooperative agreements with the
States of Montana, Idaho, and Wyoming and with the Sec-
retary of Agriculture to fulfill the purposes of this Act.
(h) FEDERAL FINANCIAL ASSISTANCE.—(1) Subject
to appropriation, the Secretary may provide financial as-
sistance for the implementation of an approved State pro-
gram. In providing such assistance, the Secretary may
enter into appropriate funding agreements, including
grants and cooperative agreements, with a State agency
or agencies, upon such terms and conditions as the Sec-
retary deems appropriate.
(2) A recipient State 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. 8. MONTANA PROGRAM.
(a) APPROVAL.—(1) The Congress finds that Article
IV of the compact, when implemented, will fulfill the pur-
poses of this Act regarding the protection of the protected
systems and features.
(2) All provisions of section 7 are applicable to this
section, except for purposes of section 7(d)(1) the Com-
pact shall be deemed to have been submitted to the Sec-
retary, and, notwithstanding sections 7(d)(2), 7(d)(3), and
7(d)(4), once signed by the Secretary and the Attorney
General of the United States, Article IV thereof shall be
considered an approved State program for regulation of
groundwater resources, including the hydrothermal re-
sources within the Montana portion of the Yellowstone
Protection Area. Article IV of the Compact shall not be
considered an approved State program for the manage-
ment of regulated resources within the Montana portion