IIA
103D CONGRESS
1ST 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
AN ACT
To amend the Geothermal Steam Act of 1970 (30 U.S.C.
1001–1027), and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Old Faithful Protec-
tion Act of 1993’’.
SEC. 2. 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 ground-
water use or hydrothermal or geothermal resource
development adjacent to Yellowstone National Park
in the States of Montana, Wyoming, and Idaho will
interfere 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 protected systems and fea-
tures and the effects of development on such sys-
tems and features on lands outside of Yellowstone
National Park but within the Yellowstone Protection
Area, as such area is defined in this Act;
(4) preservation and protection, free from in-
jury or impairment, of the hydrothermal system as-
sociated with and the features within Yellowstone
National Park is a benefit to the people of the
United States and the world;
(5) cooperation between the United States and
the States of Montana, Idaho, and Wyoming to pro-
tect and preserve Yellowstone National Park is de-
sirable; and
(6) as a settlement of litigation concerning
water rights, including the reserved water rights of
the United States associated with units of the Na-
tional Park System in Montana, the Department of
the Interior and the Department of Justice, on be-
half of the United States, and a Compact Commis-
sion, on behalf of the State of Montana, have devel-
oped a Compact that, when ratified by the State and
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
of the Yellowstone protection area other than groundwater
resources.
(b) SCOPE.—Nothing in this Act 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
7(c)(3)(B), 7(c)(3)(C), 7(f)(1), and 7(f)(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
Secretary’s authority to approve modifications of the
boundaries of the Yellowstone Protection Area or to sus-
pend the implementation of an approved State program.
SEC. 9. IDAHO PROGRAM.
For purposes of section 7(d)(1), the provisions of
Section 42 of the Idaho Code related to geothermal re-
sources shall be deemed to have been submitted to the Sec-
retary for approval as an approved State program.
SEC. 10. WYOMING PROGRAM.
For purposes of section 7(d)(1), the provisions of the
laws of the State of Wyoming referenced in the letter from
the Wyoming State Engineer included in the Committee
report to accompany H.R. 1137 of the 103rd Congress
shall be deemed to have been submitted to the Secretary
for approval as an approved State program.
SEC. 11. CITIZEN SUITS.
(a) IN GENERAL.—(1) Any person may commence a
civil suit on the person’s own behalf to enjoin any party,
including the United States, except for a State or agency
or political subdivision thereof, that the plaintiff alleges—
(A) is in violation of any provision of this Act;
or
(B) is using a regulated resource in the absence
of, or beyond the scope of the terms or conditions
of, a permit issued pursuant to an approved State
program, or in violation of regulations issued under
the authority of an approved State program.
(2) The Federal district courts shall have jurisdiction,
without regard to the amount in controversy or the citizen-
ship of the parties—
(A) to require the Secretary or another party to
take any steps required or permitted by this Act, if
those steps are necessary to fulfill the purposes of
this Act; or
(B) to enforce the provisions, prohibitions, per-
mits, or regulations of an approved State program.
(b) VENUE AND INTERVENTION.—(1) Any suit under
this section may be brought in any appropriate judicial
district.
(2) In any such suit under this section in which the
United States is not a party, the Attorney General of the
United States, at the request of the Secretary, may inter-
vene on behalf of the United States as a matter of right.
(c) COSTS.—The court, in issuing any final order in
any suit brought under this section, may award costs of
litigation (including reasonable attorney and expert wit-
ness fees) to any party, whenever the court determines
such award is appropriate.
(d) NONEXCLUSIVE RELIEF.—The injunctive relief
provided by this subsection shall not restrict any right
which any person (or class of persons) may have under
any statute or common law to seek judicial review of ac-
tions taken by the State agency implementing an approved
State program or to seek enforcement of any standard or
limitation or to seek any other relief including relief
against the Secretary.
(e) NOTICE.—Before seeking the injunctive relief au-
thorized under this section, notice of intent to sue shall
be given to the Secretary, the State agency implementing
any relevant approved State program described in section
7, and each intended defendant. Such notice shall allow
the minimum period of time necessary for an intended de-
fendant to take those measures that (1) will cure any al-
leged violations of this Act, or (2) will end any alleged
improper use of regulated resources, as described in sub-
section (a)(1)(B).
SEC. 12. JUDICIAL REVIEW.
(a) ADMINISTRATIVE PROCEDURES.—Except as pro-
vided in this section, any Federal agency action or failure
to act to implement or enforce this Act 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 per-
son claiming deprivation of a vested property right by en-
actment of this Act or Federal action pursuant to this Act
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. 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.
Passed the House of Representatives November 15,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
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