[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1137 Referred in Senate (RFS)]

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Old Faithful Protection 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 hydrothermal systems in the world;
            (2) there is a risk that unrestricted groundwater 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 management of 
        relevant mineral resources;
            (3) further research is needed to understand the 
        characteristics of the protected 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 Act;
            (4) preservation and protection, free from injury or 
        impairment, of the hydrothermal system associated 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 protect and preserve Yellowstone 
        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 Interior 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, 
        when ratified by the State and signed by the Secretary of the 
        Interior and the Attorney General of the United States, will 
        constitute such a settlement of litigation concerning matters 
        within its scope and which, in Article IV, also establishes 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 necessary actions 
        to preserve and protect the hydrothermal system associated 
        with, and the hydrothermal and geothermal features within, 
        Yellowstone National Park from injury or impairment by 
        protecting 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 regulated 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 protected systems and features;
            (3) to authorize, as provided in section 8, approval of 
        Article IV of the Compact as such an appropriate 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 Protection 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 associated with Yellowstone National Park.
            (4) The term ``regulated resources'' means--
                    (A) geothermal steam and associated geothermal 
                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 regulated resources.
            (6) The term ``hydrothermal system'' means a groundwater 
        system, including cold water recharge and transmission and warm 
        and hot water discharge.
            (7) The term ``hydrothermal resources'' means groundwater 
        with a temperature in excess of 59 degrees Fahrenheit and any 
        other groundwater that, on the basis of research pursuant to 
        section 6, and, in a State with an approved State program, 
        pursuant to the procedures in such approved State program, is 
        determined to have characteristics that indicate it may be 
        directly related to the protected systems 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 approved pursuant to this Act.
            (9) The term ``Compact'' means the water rights compact 
        ratified in 1993 by the State of Montana 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 numerous 
        hydrothermal and geothermal features, including 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 reserved to the 
        United States a water right which includes a right with respect 
        to groundwater (including 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 Protection 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 resources 
within the boundary of the Yellowstone Protection Area, as defined in 
section 3(2) of the Old Faithful Protection Act of 1993, risks adverse 
effects on the hydrothermal 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 Protection 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 sections 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 existing geothermal well and no exploration for, or development of, 
any new geothermal well or any other new facility related to the use of 
regulated resources within the Yellowstone Protection Area.
    (2) Nothing in this subsection shall be construed to affect 
existing facilities other than geothermal wells.
    (b) Management.--The Secretary shall review National 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 
hydrothermal, geothermal, and groundwater resources of such National 
Park free from injury or impairment.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to affect the ban or prohibitions referenced under sections 
28(f) and 30(c) of the Geothermal 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 
characteristics of the protected systems and features, inventory and 
research the existing and potential effects (including cumulative 
effects) of hydrothermal, geothermal, mineral, or other resources 
development (including development of groundwater other than regulated 
resources) on such systems and features, and periodically inform 
Congress concerning 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 Yellowstone 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 construed 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, Wyoming, and Idaho are 
encouraged to develop State programs 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 research), production, exploration, 
or development of any regulated resources on any land located within 
the Yellowstone Protection Area except to the extent authorized by a 
permit issued by a State agency implementing an approved 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 development 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 
determined that continued utilization of the groundwater covered by 
such permit would be inconsistent with the purposes of this Act.
    (3)(A) The Secretary shall monitor the implementation of an 
approved State program (including the State's enforcement thereof) to 
assure consistency with the requirements 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 suspension, 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 procedures for the 
exercise of the Secretary's authority to suspend such a program's 
implementation, the Secretary shall follow such procedures.
    (d) Approval by the Secretary.--(1) The Secretary may approve a 
program submitted by a State if the Secretary determines that such 
program, when implemented, will fulfill the purposes of this Act 
regarding the protection of the protected systems and features.
    (2) The Secretary shall not approve any State program 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 Yellowstone National Park 
        consistent with the requirements 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 program that does 
not, at a minimum--
            (A) include ongoing scientific review of restrictions, 
        boundaries, and permits applicable to the development of a 
        regulated resource;
            (B) require that, in conducting the scientific review 
        referred to in subparagraph (A) and in implementing the State 
        program, any doubt shall be resolved in favor of protection of 
        the protected systems and features;
            (C) allow the State agency authorized to administer 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 system within Yellowstone National Park; and
            (D) enable citizens of such State to obtain judicial review 
        of actions taken by the State agency implementing the program 
        to the extent necessary to assure that such actions are 
        consistent with all applicable 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 modification that the 
Secretary finds would not be consistent with the purposes of this Act.
    (3) The Secretary shall revise the map of the Yellowstone 
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 Protection 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 Secretary of Agriculture to fulfill the purposes 
of this Act.
    (h) Federal Financial Assistance.--(1) Subject to appropriation, 
the Secretary may provide financial assistance for the implementation 
of an approved State program. 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 Secretary 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 purposes 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 Compact shall be deemed to 
have been submitted to the Secretary, 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 resources within the Montana 
portion of the Yellowstone Protection Area. Article IV of the Compact 
shall not be considered an approved State program for the management 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 relationship 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 Article 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 suspend 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 resources shall be deemed to have 
been submitted to the Secretary 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 citizenship 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, permits, 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 intervene 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 witness 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 actions 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 authorized 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 defendant to 
take those measures that (1) will cure any alleged violations of this 
Act, or (2) will end any alleged improper use of regulated resources, 
as described in subsection (a)(1)(B).

SEC. 12. JUDICIAL REVIEW.

    (a) Administrative Procedures.--Except as provided 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 provided 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 enactment 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 respect 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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