§ 1026. — Significant thermal features.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1026]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 23--GEOTHERMAL STEAM AND ASSOCIATED GEOTHERMAL RESOURCES
Sec. 1026. Significant thermal features
(a) Units of National Park System
(1) The Secretary shall maintain a list of significant thermal
features, as defined in section 1001(f) of this title, within units of
the National Park System, including but not limited to the following
units:
(A) Mount Rainier National Park.
(B) Crater Lake National Park.
(C) Yellowstone National Park.
(D) John D. Rockefeller, Jr. Memorial Parkway.
(E) Bering Land Bridge National Preserve.
(F) Gates of the Arctic National Park and Preserve.
(G) Katmai National Park.
(H) Aniakchak National Monument and Preserve.
(I) Wrangell-St. Elias National Park and Preserve.
(J) Lake Clark National Park and Preserve.
(K) Hot Springs National Park.
(L) Big Bend National Park (including that portion of the Rio
Grande National Wild Scenic River within the boundaries of Big Bend
National Park).
(M) Lassen Volcanic National Park.
(N) Hawai`i Volcanoes National Park.
(O) Haleakala National Park.
(P) Lake Mead National Recreation Area.
(2) The Secretary may, after notice and public comment, add
significant thermal features within units of the National Park System to
the significant thermal features list.
(3) The Secretary shall consider the following criteria in
determining the significance of thermal features:
(A) Size, extent and uniqueness.
(B) Scientific and geologic significance.
(C) The extent to which such features remain in a natural,
undisturbed condition.
(D) Significance of thermal features to the authorized purposes
for which the National Park System unit was established.
(b) Monitoring program
(1) The Secretary shall maintain a monitoring program for
significant thermal features within units of the National Park System.
(2) As part of the monitoring program required by paragraph (1), the
Secretary shall establish a research program to collect and assess data
on the geothermal resources within units of the National Park System
with significant thermal features. Such program shall be carried out by
the National Park Service in cooperation with the U.S. Geological Survey
and shall begin with the collection and assessment of data for
significant thermal features near current or proposed geothermal
development and shall also include such features near areas of potential
geothermal development.
(c) Lease application; adverse effect
(1) Upon receipt of an application for a lease under this chapter,
the Secretary shall determine on the basis of scientific evidence if
exploration, development or utilization of the lands subject to the
lease application is reasonably likely to result in a significant
adverse effect on a significant thermal feature within a unit of the
National Park System. Such determination shall be subject to notice and
public comment.
(2) If the Secretary determines that the exploration, development or
utilization of the land subject to the lease application is reasonably
likely to result in a significant adverse effect on a significant
thermal feature within a unit of the National Park System, the Secretary
shall not issue such lease.
(3) The Secretary shall not issue any lease under this chapter for
those lands, or portions thereof, which are the subject of a
determination made pursuant to subparagraph (2).
(d) Lease stipulations
With respect to all leases or drilling permits issued, extended,
renewed or modified under this chapter, the Secretary shall include
stipulations in such leases and permits necessary to protect significant
thermal features within units of the National Park System where the
Secretary determines that, based on scientific evidence, the
exploration, development or utilization of the land subject to the lease
or drilling permit is reasonably likely to adversely affect any such
significant thermal feature. Stipulations shall include, but not be
limited to--
(1) requiring the lessee to reinject geothermal fluids into the
rock formations from which they originate;
(2) requiring the lessee to report annually to the Secretary on
activities taken on the lease;
(3) requiring the lessee to continuously monitor geothermal
steam and associated geothermal resources production and injection
wells; and
(4) requiring the lessee to suspend activity on the lease if the
Secretary determines that ongoing exploration, development or
utilization activities are having a significant adverse effect on a
significant thermal feature within a unit of the National Park
System until such time as the significant adverse effect is
eliminated. The stipulation shall provide for the termination of the
lease by the Secretary if the significant adverse effect cannot be
eliminated within a reasonable period of time.
(e) Lands administered by Department of Agriculture
The Secretary of Agriculture shall consider the effects on
significant thermal features within units of the National Park System in
determining whether to consent to leasing under this chapter on national
forest lands or other lands administered by the Department of
Agriculture available for leasing under this chapter, including public,
withdrawn, and acquired lands.
(f) Prohibition
Nothing in this chapter shall affect the ban on leasing under this
chapter with respect to the Island Park Geothermal Area, as designated
by the map in the ``Final Environmental Impact Statement of the Island
Park Geothermal Area'' (January 15, 1980, p. XI), and provided for in
Public Law 98-473.
(Pub. L. 91-581, Sec. 28, as added Pub. L. 100-443, Sec. 6, Sept. 22,
1988, 102 Stat. 1769; amended Pub. L. 106-510, Sec. 3(a)(2), (b)(2),
Nov. 13, 2000, 114 Stat. 2363.)
References in Text
Public Law 98-473, referred to in subsec. (f), is Pub. L. 98-473,
Oct. 12, 1984, 98 Stat. 1837, as amended. For complete classification of
this Act to the Code, see Tables.
Amendments
2000--Subsec. (a)(1)(N). Pub. L. 106-510, Sec. 3(a)(2), substituted
``Hawai`i Volcanoes National Park'' for ``Hawaii Volcanoes National
Park''.
Subsec. (a)(1)(O). Pub. L. 106-510, Sec. 3(b)(2), substituted
``Haleakala National Park'' for ``Haleakala National Park''.
Corwin Springs Known Geothermal Resource Area Study
Section 8 of Pub. L. 100-443 provided that:
``(a) The United States Geological Survey, in consultation with the
National Park Service, shall conduct a study on the impact of present
and potential geothermal development in the vicinity of Yellowstone
National Park on the thermal features within the park. The area to be
studied shall be the lands within the Corwin Springs Known Geothermal
Resource Area as designated in the July 22, 1975, Federal Register (Fed.
Reg. Vol. 40, No. 141). The study shall be transmitted to Congress no
later than December 1, 1990.
``(b) Any production from existing geothermal wells or any
development of new geothermal wells or other facilities related to
geothermal production is prohibited in the Corwin Springs Known
Geothermal Resource Area until 180 days after the receipt by Congress of
the study provided for in subsection (a) of this section.
``(c) The Secretary may not issue, extend, renew or modify any
geothermal lease or drilling permit pursuant to the Geothermal Steam Act
of 1970 (30 U.S.C. 1001-1025) in the Corwin Springs Known Geothermal
Resource Area until 180 days after the receipt by Congress of the study
provided for in section 8(a) of this Act. This section shall not be
construed as requiring such leasing activities subsequent to the 180
days after study submittal.
``(d) If the Secretary determines that geothermal drilling and
related activities within the area studied pursuant to subsection (a) of
this section may adversely affect the thermal features of Yellowstone
National Park, the Secretary shall include in the study required under
subsection (a) of this section recommendations regarding the acquisition
of the geothermal rights necessary to protect such thermal resources and
features.''
Section Referred to in Other Sections
This section is referred to in section 1001 of this title.
