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
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.