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U.S. Code as of:
01/19/04
Section 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.
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