[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 274 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 274

         Entitled the ``Old Faithful Protection Act of 1995''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 10), 1995

  Mr. Baucus introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
         Entitled the ``Old Faithful Protection Act of 1995''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                  TITLE I--OLD FAITHFUL PROTECTION ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Old Faithful Protection Act of 
1995''.

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 hydrothermal systems in the world;
            (2) there is a risk that unrestricted hydrothermal or 
        geothermal resource development adjacent to Yellowstone 
        National Park in the States of Montana, Wyoming, and Idaho will 
        interfere with 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 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 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 
        constitutes such a settlement of litigation concerning matters 
        within its scope and which, in Article IV, establishes a 
        program for regulation of development 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 States of 
        Montana, Wyoming, and Idaho of regulated resources within the 
        Yellowstone Protection Area outside of but directly related to 
        Yellowstone National Park to preserve and protect the thermal 
        systems and features of Yellowstone National Park;
            (3) to authorize, as provided in section 8, approval 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 
        112, 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, Idaho, and Wyoming identified on the map entitled 
        ``Yellowstone Protection Area'', numbered 20036A, and dated 
        July 1994, and any modifications thereof as may be made under 
        section 7.
            (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 Protection Area.
            (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)); or
                    (B) groundwater with a temperature in excess of 59 
                degrees Fahrenheit.
            (5) The term ``well'' means a well or facility producing 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 a program of 
        Montana, Idaho, or Wyoming that has been submitted to the 
        Secretary and has been 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 numerous 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 1995, 
risks adverse 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 YELLOWSTONE PROTECTION AREA.

    (a) Prohibition.--Except as provided by sections 107 and 108 of 
this title, there shall be no use (except for monitoring by the 
Secretary or monitoring under an 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 National Park Service 
management of Yellowstone National Park and shall take such steps as 
may be necessary to protect and preserve the thermal systems and 
features of such National Park.

SEC. 106. 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 thermal systems and features within the 
Yellowstone Protection Area, inventory and research the existing and 
potential effects (including cumulative effects) of hydrothermal 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 inventory and research.
    (b) Under State Program.--If an 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 research within a 
National Park System unit within the Yellowstone Protection Area 
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 title shall be construed 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 States of Montana, Wyoming, and Idaho are 
encouraged to develop and maintain State programs for the management of 
regulated resources outside of Yellowstone National Park to preserve 
and protect the thermal systems and features of Yellowstone National 
Park.
    (b) Permit.--Except as provided for in section 6, as of the date of 
enactment of this title, no person shall engage in any use (including 
research), production, exploration, 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 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 within 
the Yellowstone Protection Area for regulated resources issued prior to 
the date of enactment of this title shall be deemed to have been issued 
in the implementation of an approved State program: Provided, That 
permits issued by the State of Montana after 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 an 
approved State program (including the State's enforcement thereof) to 
assure consistency with the requirements of this title.
    (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 title. 
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 
title.
    (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. If no such 
procedures are included in a State program, the Secretary shall provide 
notice and a reasonable time to comply with this title.
    (d) Approval by the Secretary.--(1) The Secretary shall approve a 
program submitted by a State if the Secretary determines that such 
program, when implemented, will fulfill the purposes of this title 
regarding the protection of the thermal systems and features of 
Yellowstone National Park.
    (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 personnel for the regulation and management of regulated 
        resources outside Yellowstone National Park consistent with the 
        requirements of this title.
    (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 thermal systems and features of Yellowstone National Park; 
        and
            (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 protect and preserve the thermal systems and features of 
Yellowstone National Park.
    (e) 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.
    (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 if 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 
title.
    (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 Agreement.--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 title.
    (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 fund 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 Yellowstone National Park.
    (2) All provisions of section 107 are applicable to this section, 
except for purposes of section 107(d)(1) the Compact shall be deemed to 
have been submitted to the Secretary, and, notwithstanding sections 
107(d)(2), 107(d)(3), and 107(d)(4), Article IV thereof shall be 
considered an approved State program for regulation of groundwater 
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 title 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 107(c)(3)(B), 
107(c)(3)(C), 107(f)(1), and 107(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. 109. IDAHO AND WYOMING PROGRAMS.

    (a) Section 104, subsection 105(a), subsection 107(b), and 
paragraph 107(c)(2) shall not be effective with respect to the 
Yellowstone Protection Area within the State of Idaho and the State of 
Wyoming for two years after the date of enactment of this title if the 
Governor of the State notifies the Secretary that the State will 
prohibit any permit action or other approval action involving regulated 
resources within the Yellowstone Protection Area during such two-year 
period.
    (b)(1) The State of Wyoming or the State of Idaho may, within the 
two-year period provided for in subsection (a), submit a State program 
to the Secretary for approval.
    (2) Upon receipt of a State program within the two-year period 
provided for in subsection (a), the Secretary shall review such program 
pursuant to section 107.
    (c) Section 104, subsections 105(a), 107(b), and paragraph 
107(c)(2) shall become effective with respect to the Yellowstone 
Protection Area within the State of Idaho or the State of Wyoming--
            (1) upon the approval or disapproval of the respective 
        State program;
            (2) at the end of the two-year period provided for in 
        subsection (a); or
            (3) if the State takes any permit action or other approval 
        action contrary to the notification provided to the Secretary 
        pursuant to subsection (a).

SEC. 110. JUDICIAL REVIEW.

    (a) Administrative Procedures.--Except as provided in this section, 
any Federal agency action or failure to act to implement or enforce 
this title 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 title or 
Federal action pursuant to this title shall be an action for monetary 
damages, filed pursuant to section 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. 111. 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. 112. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.

SEC. 113. 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. 114. LAND EXCHANGE.

    (a) General.--Notwithstanding any other provision of law and 
subject to the provisions of this title, the Secretary 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 Controlled Groundwater Area and Corwin Springs Known 
Geothermal 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--
                    (i) title that is acceptable to the United States 
                to all rights, title, and interests to approximately 26 
                acres of land owned by the Church as depicted on the 
                maps entitled ``Church/Forest Services Land Exchange 
                Proposal'', dated July 1994;
                    (ii) all right, title and interest to the 
                subsurface regulated resources estate on all Church 
                properties within the Yellowstone Controlled 
                Groundwater Area;
                    (iii) a perpetual public access road and utility 
                easement of sixty 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)(i); and
                    (iv) other rights and covenants in accordance with 
                the terms of the ``Church/Forest Service 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)(i), a special warranty deed to the 
                regulated resources specified in paragraph (b)(1)(ii), 
                State water rights transfer 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, interests, 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 
                        existing rights, and a reservation to the 
                        United States of all regulated resources, title 
                        to approximately 11 acres within the Gallatin 
                        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 surface 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 adjudications 
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 paragraph 
                        (b)(1) and further defined by the document 
                        referenced in paragraph (b)(1)(i); and
                            (iv) the Secretary shall grant to the 
                        Church other rights and covenants in accordance 
                        with the terms of the ``Church/Forest Service 
                        Land Exchange Specifications'' document 
                        pursuant to paragraph (b)(3).
                    (B) Surveys.--Surveys prepared to standards 
                approved by the Secretary shall be furnished 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 Specifications,'' jointly developed and 
        agreed to by both parties, 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 include 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 Resources of the 
        United States House of Representatives and shall not take 
        effect until sixty 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 paragraph (b) and determine whether--
                    (A) the applicable title standards for Federal land 
                acquisition have been satisfied subject to any 
                variances expressly contained in this title; and
                    (B) all draft conveyances and closing documents 
                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 Secretary has approved title.

SEC. 15. GENERAL PROVISIONS.

    (a) Maps and Documents.--The maps referred to in section 14 are 
subject to corrections for any technical errors in describing the 
properties. The maps and documents described in section 14(b) (1) and 
(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 14(b) are deemed to 
be equal, and therefore, no appraisals shall be required.
                                 <all>
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