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1990-11-05 - [Enrolled Bill H.R. 3840 - Newberry National Volcanic Monument]
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1990-11-05 - [Enrolled Bill H.R. 3840 - Newberry National Volcanic Monument]
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1990-11-05 - [Enrolled Bill H.R. 3840 - Newberry National Volcanic Monument]
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18
29
7
OFFICE OF THER PRESIDENT STATE UNITED a
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
ADN APPROVEL
90 NOV -2 PM 1:43
1990
THE DIRECTOR
November 2, 1990
Signed in
Houston, TX
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 3840 - Newberry National Volcanic
Monument
Sponsors - Rep. Smith (R) Oregon and two others
Last Day for Action
November 10, 1990 - Saturday
Purpose
Establishes the Newberry National Volcanic Monument, in the
State of Oregon, as a component of the National Forest System.
Agency Recommendations
Office of Management and Budget
Approval
Department of Agriculture
Approval
Department of Justice
No objection
(Informally)
Department of Energy
No objection
(Informally)
Environmental Protection Agency
No objection
(Informally)
Department of the Interior
Defers to Agriculture
(Informally)
Council on Environmental Quality
No comment (Informally)
General Services Administration
No comment (Informally)
Discussion
H.R. 3840 would establish the 56, 000-acre Newberry National
Volcanic Monument as a part of the Deschutes National Forest in
Oregon. The bill would specify the boundaries of the monument
and provide for minor boundary changes under certain
circumstances.
Subject to valid existing rights, Federal lands within the
monument boundaries would be withdrawn from use or disposal under
the public land, mining, and geothermal leasing laws. The
Secretary of Agriculture would be required to administer the
monument in accordance with the laws, rules, and regulations
pertaining to the National Forest System and other specified
management requirements.
Approximately 10,200 acres of land within the monument
boundary are currently leased for geothermal exploration. The
enrolled bill would cancel these leases and any existing leases
on a 300-acre plot of land (the Transferal Corridor) that bisects
the monument. The Secretary of the Interior would be directed to
issue comparable leases on other lands as full compensation for
the canceled leases.
The enrolled bill would also provide for the management of
designated areas outside the monument's boundaries that have the
potential for geothermal energy development. Existing Federal
geothermal leases on an adjacent ,000-acre area (the Transferal
Area) would be preserved. The Secretary of the Interior would be
required to conduct geothermal lease sales on a designated 6,000-
acre adjacent area (the Newberry Special Management Area and
Transferal Area Adjacent) within one year after the date of
enactment of this Act. Any leases issued would be subject to
certain conditions.
Within three fiscal years after the date of enactment of
this Act, the Secretary of Agriculture would be required to
develop a management plan for the monument and the designated
areas. The plan would be incorporated into the Deschutes
National Forest Land and Resources Management Plan.
The enrolled bill would also establish a Newberry National
Volcanic Monument Advisory Council to advise the Secretary on the
preparation of the management plan. Except for two Federal
members, the 11-member council would be appointed by the
Secretary from individuals representing specified environmental,
scientific, and commercial interests. The council would
terminate on the date that the plan is officially adopted by the
Secretary. However, at the Secretary's discretion, its term
could be extended for up to five years after the date of
enactment of this Act.
Finally, H.R. 3840 would specify that nothing in this Act is
to be construed as requiring the establishment of buffer zones
around the monument or the adjacent designated areas. Nor would
this Act abrogate any existing timber sales or other contracts or
agreements executed prior to the date of enactment. H.R. 3840
would authorize the appropriation of such sums as may be
necessary to carry out this Act.
-2-
Conclusion and Recommendations
In its enrolled bill views letter, the Department of
Agriculture advises that H.R. 3840 would provide the Secretaries
of Agriculture and the Interior with "appropriate
authorities
to administer the unique and important
resources found on, adjacent to, and under the proposed
Monument." The Department concludes that "approval of the bill
would complete the process of resolving many long-standing
controversies regarding geothermal development in the Newberry
Volcanoes area."
We join Agriculture in recommending approval of enrolled
bill H.R. 3840, which passed both Houses of Congress by voice
vote.
James Darm
Richard G. Darman
Director
Enclosures
-3-
THE WHITE HOUSE
WASHINGTON
90 NOV -5 PM 3:53
November 5, 1990
MEMORANDUM FOR THE PRESIDENT
FROM:
ROGER B. PORTER RBP
SUBJECT:
Enrolled Bill H.R. 3840 -- Newberry National
Volcanic Monument
We concur with the recommendation that you approve H.R.
3840.
Document No. 18803655
WHITE HOUSE STAFFING MEMORANDUM
DATE:
11/2/90
ACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90
ENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
CLERK
DEMAREST
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide your comments/recommendations directly to my
office by close of business Monday, November 5. Thank you.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
22dE0881
OFFICE PRESIDENT*
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
NOV -2 PM 43
THE DIRECTOR
November 2, 1990
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 3840 - Newberry National Volcanic
Monument
Sponsors - Rep. Smith (R) Oregon and two others
Last Day for Action
November 10, 1990 - Saturday
Purpose
Establishes the Newberry National Volcanic Monument, in the
State of Oregon, as a component of the National Forest System.
Agency Recommendations
Office of Management and Budget
Approval
Department of Agriculture
Approval
Department of Justice
No objection
(Informally)
Department of Energy
No objection
(Informally)
Environmental Protection Agency
No objection
(Informally)
Department of the Interior
Defers to Agriculture
(Informally)
Council on Environmental Quality
No comment (Informally)
General Services Administration
No comment (Informally)
Discussion
H.R. 3840 would establish the 56,000-acre Newberry National
Volcanic Monument as a part of the Deschutes National Forest in
Oregon. The bill would specify the boundaries of the monument
and provide for minor boundary changes under certain
circumstances.
Subject to valid existing rights, Federal lands within the
monument boundaries would be withdrawn from use or disposal under
the public land, mining, and geothermal leasing laws. The
Secretary of Agriculture would be required to administer the
monument in accordance with the laws, rules, and regulations
pertaining to the National Forest System and other specified
management requirements.
Approximately 10,200 acres of land within the monument
boundary are currently leased for geothermal exploration. The
enrolled bill would cancel these leases and any existing leases
on a 300-acre plot of land (the Transferal Corridor) that bisects
the monument. The Secretary of the Interior would be directed to
issue comparable leases on other lands as full compensation for
the canceled leases.
The enrolled bill would also provide for the management of
designated areas outside the monument's boundaries that have the
potential for geothermal energy development. Existing Federal
geothermal leases on an adjacent 4,000-acre area (the Transferal
Area) would be preserved. The Secretary of the Interior would be
required to conduct geothermal lease sales on a designated 6,000-
acre adjacent area (the Newberry Special Management Area and
Transferal Area Adjacent) within one year after the date of
enactment of this Act. Any leases issued would be subject to
certain conditions.
Within three fiscal years after the date of enactment of
this Act, the Secretary of Agriculture would be required to
develop a management plan for the monument and the designated
areas. The plan would be incorporated into the Deschutes
National Forest Land and Resources Management Plan.
The enrolled bill would also establish a Newberry National
Volcanic Monument Advisory Council to advise the Secretary on the
preparation of the management plan. Except for two Federal
members, the 11-member council would be appointed by the
Secretary from individuals representing specified environmental,
scientific, and commercial interests. The council would
terminate on the date that the plan is officially adopted by the
Secretary. However, at the Secretary's discretion, its term
could be extended for up to five years after the date of
enactment of this Act.
Finally, H.R. 3840 would specify that nothing in this Act is
to be construed as requiring the establishment of buffer zones
around the monument or the adjacent designated areas. Nor would
this Act abrogate any existing timber sales or other contracts or
agreements executed prior to the date of enactment. H.R. 3840
would authorize the appropriation of such sums as may be
necessary to carry out this Act.
-2-
Conclusion and Recommendations
In its enrolled bill views letter, the Department of
Agriculture advises that H.R. 3840 would provide the Secretaries
of Agriculture and the Interior with "appropriate
authorities to administer the unique and important
resources found on, adjacent to, and under the proposed
Monument." The Department concludes that "approval of the bill
would complete the process of resolving many long-standing
controversies regarding geothermal development in the Newberry
Volcanoes area."
We join Agriculture in recommending approval of enrolled
bill H.R. 3840, which passed both Houses of Congress by voice
vote.
Name Aarm
Richard G. Darman
Director
Enclosures
-3-
UNITED DEPARTMENT OF
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20250
October < 6 1990
The Honorable Richard G. Darman
Director, Office of Management
and Budget
Washington D.C. 20503
Dear Mr. Darman:
As requested by your office, here are our views on the enrolled bill,
H.R. 3840, an act "To establish the Newberry Volcanoes National Monument in the
State of Oregon, and for other purposes."
The Department of Agriculture recommends that the President approve the
enrolled bill.
H.R. 3840 would establish the Newberry National Volcanic Monument in the State
of Oregon to be administered by the Secretary of Agriculture. Although the
title of the bill refers to the "Newberry Volcanoes National Monument," the
actual designation in section 1 refers to the "Newberry National Volcanic
Monument."
The Monument would be administered in accordance with certain management
requirements related to vegetation, recreation, roads, research, disease,
insect infestation, and fire hazard. Holders of existing Federal geothermal
leases within the Monument would be authorized to relinquish such leases, and,
in lieu thereof and in full compensation for such relinquishment, would be
issued leases of like value outside the Monument. Also, within 1 year of
enactment, the Secretary of the Interior would be required to offer for lease
certain lands, as depicted on a map referenced in the bill. Furthermore, the
Secretary would be required to develop a management plan for the Monument, in
consultation with an advisory council that would be established.
At a hearing conducted by the Subcommittee on National Parks and Public Lands
of the Committee on Interior and Insular Affairs, we testified that "We
enthusiastically support the enactment of H.R. 3840, if amended.
Subsequently, the bill was amended to address all of our concerns.
We believe that H.R. 3840, as enrolled, would provide appropriate authorities
to the Secretary of Agriculture and the Secretary of the Interior to administer
the unique and important resources found on, adjacent to, and under the
proposed Monument. Furthermore, approval of the bill would complete the
process of resolving many long-standing controversies regarding geothermal
development in the Newberry Volcanoes area.
Sincerely,
for
Janey Clayton Yeutter
Secretary
H. R. 3840
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day of January,
one thousand nine hundred and ninety
An Act
To establish the Newberry National Volcanic Monument in the State of Oregon, 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. ESTABLISHMENT.
(a) IN GENERAL.-There is hereby established the Newberry Na-
tional Volcanic Monument in the State of Oregon as a component of
the National Forest System in order to preserve and protect for
present and future generations its remarkable geologic landforms
and for the purposes of providing for the conservation, protection,
interpretation, and enhancement of its ecological, botanical, sci-
entific, scenic, recreational, cultural, and fish and wildlife resources.
(b) AREA INCLUDED.-(1) The Monument shall comprise those
lands generally depicted on the map entitled "Newberry National
Volcanic Monument" and dated September 1990, which shall be on
file and available for public inspection in the Office of the Chief,
Forest Service, Department of Agriculture, Washington, District of
Columbia.
(2) The Newberry Special Management Area, the Transferal Area,
the Transferal Area Adjacent, and the Transferal Corridor shall
comprise those lands generally depicted as such on the map re-
ferred to in paragraph (1).
(3) The Secretary may, by publication of a notice of availability of
a revised map and after public comment, make corrections or minor
changes to the boundary of the Monument or Special Management
Area if such changes are-
(A) necessary to facilitate management of the Monument,
Special Management Area and the immediately surrounding
area,
(B) consistent with the purposes of this Act. and
(C) noncontroversial.
Any proposed boundary change shall be made pursuant to the
National Environmental Policy Act of 1969.
SEC. 2. ADMINISTRATION.
(a) IN GENERAL-Subject to valid existing rights, the Secretary
shall administer the Monument and Special Management Area in
accordance with the laws, rules, and regulations pertaining to the
National Forest System and this Act as part of the Deschutes
National Forest.
(b) TRANSFERAL AREA.-(1) Upon termination, cancellation, or
relinquishment of all Federal geothermal leases (numbered OR-
12008, OR-11612, and OR-11613), the lands and mineral rights
encompassed by such leases, and other Federal land identified as the
Transferal Area on the map referred to in section 1(b)(1), shall
become part of the Monument and shall be administered under this
Act.
H. R. 3840-2
(2) The Transferal Corridor is a part of the Transferal Area and
shall be managed as such, except as otherwise provided in section 4.
(3) Prior to the termination, cancellation, or relinquishment of
such geothermal leases, the Secretary of the Interior and the Sec-
retary of Agriculture shall, to the extent practicable and consistent
with the Geothermal Steam Act of 1970 and rights under such
leases, manage the Transferal Area under the laws, rules, and
regulations pertaining to the National Forest System in such a
manner so as to preserve the natural values of the area which would
qualify it for designation as a national monument.
(4) Upon discovery of commercial quantities of geothermal re-
sources, paragraphs (1), (2), and (3) shall no longer apply.
(c) NEWBERRY SPECIAL MANAGEMENT AREA.-The area identified
on the map referred to in section 1(b)(1) as the Newberry Special
Management Area shall be managed as if it were part of the
Monument, except as otherwise provided in section 4.
(d) TRANSFERAL AREA ADJACENT.-The area identified on the map
referred to in section 1(b)(1) as the Transferal Area Adjacent is a
part of the Special Management Area, except as otherwise provided
in section 4.
(e) MANAGEMENT REQUIREMENTS.-The Monument and Special
Management Area shall be administered in accordance with the
following management requirements:
(1) Land management activities shall allow natural ecological
succession of vegetation to continue to the maximum extent
practical. as determined by the Secretary. Timber removal shall
be permitted only to the extent the Secretary determines nec-
essary to achieve the purposes of this Act and to protect health
and safety. Timber within the Monument and Special Manage-
ment Area shall not be considered part of the allowable sale
quantity for the Deschutes National Forest.
(2) Recreation uses and interpretive facilities shall be pro-
vided, including (but not limited to) trails, campgrounds, re-
sorts, and visitor centers, as identified in the management plan.
(3) Roads shall be permitted in the Monument and Special
Management Area consistent with the purposes of this Act and
in accordance with the management plan.
(f) SCIENTIFIC RESEARCH.-Scientific research shall be allowed
consistent with the purposes for which the Monument was
established.
(g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.-The Sec-
retary is authorized to take action to the extent practicable to
ensure that tree diseases, insect infestations, fire hazards, and fires
within the Monument and Special Management Area do not seri-
ously threaten resources outside the Monument and Special
Management Area boundaries.
SEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.
(a) IN GENERAL-Those holders of all Federal geothermal leases
within the Monument as of the date of enactment of this Act and
who are listed in subsection (c) of this section are authorized,
without penalty, to relinquish all rights to such leases on the terms
and conditions provided in this section and section 10 of the Geo-
thermal Steam Act of 1970. Such leases are depicted on the map
entitled "Geothermal Lease Compensation" which is a part of the
Surface Resource Analysis of Newberry Volcano.
H.R. 3840-3
(b) GEOTHERMAL LEASE EXCHANGE.-Upon the acceptance by the
Secretary of the Interior of a lease relinquished pursuant to subsec-
tion (a), the Secretary of the Interior shall immediately issue. in lieu
thereof and in full compensation for such relinquishment, geo-
thermal leases of like value as described in subsection (c). The leases
issued in lieu of relinquished leases shall contain the terms and
conditions prescribed in the Surface Resource Analysis of Newberry
Volcano and the Land and Resource Management Plan for the
Deschutes National Forest. dated August 1990. Consistent with such
terms and conditions. such in-lieu leases shall be administered
under the Geothermal Steam Act of 1970.
(c) DESCRIPTIONS.-(1) The parties (including their successors, or
assignees), and lands referred to in subsection (a), are those specified
on the map referred to in subsection (a).
(2) The leases to be issued pursuant to subsection (b) and the
interests in lands subject to such leases are as follows:
(A) Within the Newberry Caldera Known Geothermal Re-
source Area, lease area 1, leases shall be issued with an undi-
vided fractional interest distributed as follows:
(i) 62.37 percent to California Energy Co., Inc.
(ii) 35.09 percent to Christian F. Murer.
(iii) 2.54 percent to Delta Funds, Inc.
(B) Within the Newberry Caldera Known Geothermal Re-
source Area. lease area 2, leases shall be issued with an undi-
vided fractional interest distributed as follows:
0.84 percent to L.H. Armour, Jr.
5.49 percent to Frances B. Bunn.
1.73 percent to Robert B. Bunn.
8.52 percent to Geo-Newberry Crater. Inc.
15.10 percent to Hawthorn Oil Co.
3.42 percent to Terry Allen Kramer.
64.90 percent to George W. Waters.
(C) Outside the Newberry Caldera Known Geothermal Re-
source Area. leases shall be issued for the approximate acreage
noted:
(i) Lease Area -Robert B. Bunn-1.280.00 acres.
(ii) Lease Area -Frances B. Bunn-1,240.00 acres.
(iii) Lease Area 5-Geo-Newberry Crater. Inc.-2,928
acres.
(d) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THE GEOTHERMAL STEAM AcT.-Following the expiration,
relinquishment, or termination of any geothermal lease issued for
lands identified in subsection (c). except for lands situated within
the Special Management Area. such lands may be offered for lease
under the Geothermal Steam Act of 1970.
(e) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THIS AcT.-Following expiration. relinquishment, or termi-
nation of a geothermal lease on lands identified in subsection (c),
within the Special Management Area, lands shall be offered for
lease as provided in section 4(a)(5) of this Act.
(f) NONAPPLICABLE PROVISIONS.-The provisions of subsection (g) of
section 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and
(g)) shall not apply to any geothermal lease within the Monument
existing on the date of enactment of this Act.
SEC. I. SUBSURFACE RIGHTS.
(a) WITHDRAWAL-
H. 3840-4
(1) MONUMENT.-Subject to valid existing rights, Federal
lands within the Monument are hereby withdrawn from all
forms of entry, appropriation, or disposal under the public land
laws. from location, entry, or patent under the mining laws, and
from disposition under all mineral and geothermal leasing laws.
(2) TRANSFERAL AREA.-Subject to valid existing rights, Fed-
eral lands within the Transferal Area are hereby withdrawn
from all forms of entry, appropriation, or disposal under the
public land laws, from location, entry, or patent under the
mining laws, and from disposition under all mineral and geo-
thermal leasing laws. Upon completion of a well capable of
producing geothermal steam in commercial quantities, as de-
fined in section 6(d) of the Geothermal Steam Act of 1970 (30
U.S.C. 1005(d)) on valid existing leases within the Transferal
Area, as determined by the Secretary of the Interior, the with-
drawal made by this subsection shall be revoked, and such lands
shall be restored to the operation of the public land laws,
mining laws, and mineral and geothermal leasing laws.
(3) TRANSFERAL CORRIDOR.-Subject to valid existing rights,
Federal lands within the Transferal Corridor are hereby with-
drawn from all forms of entry, appropriation. or disposal under
the public land laws, from location, entry or patent under the
mining laws, and from disposition under all mineral and geo-
thermal leasing laws.
(4) TRANSFERAL AREA ADJACENT.-Subject to valid existing
rights, Federal lands within the Transferal Area Adjacent are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location. entry, or
patent under the mining laws, and from disposition under all
mineral leasing laws except the Geothermal Steam Act of 1970.
Upon completion of a well capable of producing geothermal
steam in commercial quantities, as defined in section 6(d) of the
Geothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the
Transferal Area, as determined by the Secretary of the Interior.
this area will be managed as part of the Special Management
Area and be governed by provisions in section 4(a)(5). Geo-
thermal leases issued in this area shall contain stipulations that
prohibit surface occupancy and no plans of operation will be
approved by the Secretary until commercial quantities of geo-
thermal resources are found within the Transferal Area.
(5) SPECIAL MANAGEMENT AREA.-Subject to valid existing
rights, Federal lands within the Special Management Area are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location, entry, or
patent under the mining laws, and under all mineral leasing
laws except the Geothermal Steam Act of 1970. Geothermal
leases issued in this area shall contain stipulations that prohibit
surface occupancy and shall require that the Special Manage-
ment Area be entered only by directional drilling from outside
the Special Management Area boundaries. In the event that no
commercial quantities of geothermal resources are developed
under leases within 30 years after the date of enactment of this
Act. the Secretary of the Interior is authorized and directed to
withdraw such areas in perpetuity from all further leasing
under the Geothermal Steam Act of 1970. Upon such with-
drawal, the Special Management Area designations shall termi-
nate and such areas shall become part of the Monument. All or
H. 3840-5
portions of the Special Management Area may be withdrawn
from the Geothermal Steam Act of 1970 and made a part of the
Monument earlier at the joint discretion of the Secretaries of
Interior and Agriculture. This provision shall in no way restrict
the Secretary's authority to acquire by purchase, donation or
exchange any lease within the Special Management Area prior
to the expiration of the term of years set forth in this
paragraph.
(h) GEOTHERMAL LEASE SALES.-(1) Within one year after the date
of the enactment of this Act. pursuant to the Geothermal Steam Act
of 1970, the Secretary of the Interior shall offer for lease by competi-
tive bid the lands depicted on the map entitled "Geothermal Lease
Sale Parcels," which is part of the Surface Resource Analysis of
Newberry Volcano, with stipulations as provided therein.
(2) Any of the lands described in paragraph (1) of this subsection
which are not leased as a result of the first competitive bid offering,
or any of the initial leases which are relinquished. terminated, or
otherwise canceled, may be reoffered by the Secretary of the In-
terior for lease by competitive bid under the Geothermal Steam Act
of 1970, except that all lands within the Special Management Area
shall be subject to the leasing provisions of subsection (a)(5) of this
Act.
(c) AUTHORITY FOR PLANS OF OPERATION.-The Secretary of Agri-
culture shall regulate all surface disturbing activities conducted
pursuant to any lease issued under this section and section 3 and
shall determine reclamation and all other actions as required in the
interest of conservation of these resources. No permit to drill on a
geothermal lease for areas covered under this Act may be granted
without the analysis and approval by the Secretary of Agriculture of
a plan of operations covering proposed surface disturbing activities
within the lease area. In making such determination. the Secretary
shall consider the effects of the proposed operations on the values
for which the Monument and Special Management Area were
established.
SEC. 5. FISH AND WILDLIFE
Nothing in this Act shall be construed to affect the jurisdiction or
responsibilities of the State of Oregon with respect to fish and
wildlife, including the regulation of hunting, fishing, and trapping,
except that the Secretary may designate zones where, and establish
periods when, no hunting, fishing, or trapping shall be permitted for
reasons of public safety, administration, or public use and enjoy-
ment. Except in emergencies, any regulations of the Secretary
pursuant to this section shall be put into effect only after consulta-
tion with the Department of Fish and Wildlife of the State of Oregon
or its successor agency.
SEC. 6. MANAGEMENT PLAN.
(a) IN GENERAL-(1) Within three fiscal years beginning after the
date of enactment of this Act, the Secretary shall develop a manage-
ment plan which shall address the lands established in section 1.
The management plan shall be developed in consultation with the
Council (established by section 71. interested Federal, State, and
local government agencies, and the public.
(2) The management plan shall be periodically updated, amended,
or revised as necessary and. at the discretion of the Secretary, such
H. 3840-6
conjunction with land management planning for other adjacent
areas of the Deschutes National Forest.
(3) No actions taken under the authority of this Act shall require
the reconsideration, amendment, or revision of the Deschutes Na-
tional Forest Land and Resource Management Plan prepared pursu-
ant to section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604). The management plan re-
quired by paragraph (1) shall be incorporated into the Deschutes
National Forest Land and Resource Management Plan upon the
regular revision of the the Deschutes National Forest Land and
Resource Management Plan.
(b) ISSUES TO BE ADDRESSED BY MANAGEMENT PLAN.-Consistent
with the purposes for which the Monument and Special Manage-
ment Area were established, the Management Plan shall address at
least the following management issues:
(1) Recreation, including consideration of a full range of
existing and appropriate new facilities and programs for recre-
ation during all seasons of the year.
(2) Vegetation. including consideration of a full range of
management options, and a program to reestablish old growth
ponderosa pine ecosystems.
(3) Roads and facilities, including-
(A) consideration of the general location. design, construc-
tion. and maintenance criteria;
(B) standards for motorized vehicle use:
(C) traffic management; and
(D) criteria for the closing and obliteration of roads.
(1) Fire and fuel management prescriptions. including consid-
eration of a full range of management options for fuel hazard
reduction and prescribed fire and fire control strategies to
minimize the risk of catastrophic wildfire and to meet other
resource objectives.
(5) Wildlife management, including general prescriptions for
wildlife habitat improvements.
(6) Research. including identification and prioritization of
research opportunities.
(7) Monitoring. including monitoring needs for air, water,
wildlife, soil, and other resources. The Secretary, in cooperation
with the Secretary of the Interior, shall maintain a research
and monitoring program for geothermal resources for the pur-
pose of identifying and assessing the impact that present and
proposed geothermal development in the vicinity of the Monu-
ment and Special Management Area may have on the values for
which such Monument and Special Management Area were
established.
(8) Conflicts, including consideration of potential conflicts
among uses and resources.
SEC. 7. ADVISORY COUNCIL.
(a) ESTABLISHMENT-There is hereby established the Newberry
National Volcanic Monument Advisory Council for the purpose of
advising the Secretary on the preparation of the initial management
plan required by section 6(a) and on other matters at the Secretary's
request.
(b) MEMBERSHIP.-The Council shall be composed of 11 members
appointed by the Secretary, as follows:
(1) One member who represents the scientific community.
H. 3840-7
(2) One member who represents organized recreational in-
terests.
(3) One member who represents organized timber industry
interests.
(1) One member who represents organized geothermal indus-
try interests.
(5) One member who represents organized tourism interests.
(6) One member of the Deschutes County Board of Commis-
sioners.
(7) One member who represents organized environmental
interests.
(8) One member who represents organized wildlife and fish
interests.
(9) One at-large member from nominations submitted to the
Secretary by the Governor of Oregon.
(10) The Forest Supervisor, Deschutes National Forest. and
the District Manager, Prineville District. Bureau of Land
Management, who shall serve as nonvoting. ex officio members.
(c) VACANCY.-A vacancy on the Council shall be filled in the
same manner as the original appointment.
(d) QUORUM.-A quorum shall be 6 appointed members of the
Council. The operations of the Council shall not be impaired by the
fact that a member has not been appointed as long as a quorum has
been attained.
(e) CHAIRPERSON AND PROCEDURES.-The Council shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
in CONSULTATION.-The Secretary shall consult with the Council
on a periodic and regular basis with respect to the management
plan.
(g) PAY.-Members of the Council who are not full-time officers or
employees of the United States shall serve without pay. Members
who are full-time officers or employees of the United States shall
receive no additional pay by reason of their service on the Council.
(h) SCIENTIFIC ADVISORY SUBCOMMINTEE.-The Council may ap-
point a Scientific Advisory Subcommittee, to be chaired by the
Council member who represents the scientific community, for the
purposes of advising the Council on matters related to the manage-
ment plan. Subcommittee members shall be appointed for their
expertise and need not be members of the Council.
(i) TERMINATION.-The Council and the Scientific Advisory Sub-
committee. if any, shall cease to exist on the date upon which the
management plan is officially adopted by the Secretary. or later at
the discretion of the Secretary. except in no event shall the Council
exist later than 5 years after the date of enactment of this Act.
SEC. 8. SAVINGS PROVISIONS.
(a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.-Nothing
in this Act shall be construed as authorizing or directing the
establishment of protective perimeters or buffer zones around the
Monument or Special Management Area for the purpose of preclud-
ing activities outside the Monument and Special Management Area
boundary which would otherwise be permitted under applicable law.
Nothing in this Act shall be construed as limiting the existing
authority of the Secretary to take actions on Federal lands adjacent
to the Monument and Special Management Area necessary to pro-
tect public health and safety in emergencies. The fact that activities
H. 3840-8
or uses outside the Monument and Special Management Area can be
seen. heard, measured, or otherwise perceived within the Monument
and Special Management Area shall not, of themselves, limit, re-
strict, or preclude such activities or uses up to the boundary of the
Monument and the Special Management Area.
(b) CONTRACTS.-Nothing in this Act shall limit, restrict. or pre-
clude the implementation of valid timber sale contracts or other
contracts or agreements executed by the Secretary or the Secretary
of the Interior prior to the date of enactment of this Act.
(c) ADMINISTRATION OF GEOTHERMAL STEAM ACT OF 1970.-Except
as specifically provided in sections 3 and 4. nothing in this Act shall
be construed to affect the authority of the Secretary of the Interior
to administer the Geothermal Steam Act of 1970 630 U.S.C. 1001 et
seq.¹.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) the term "allowable sale quantity" has the same meaning
as such term has in section 13 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1611).
(2) The term "Council" means the Newberry National Vol-
canic Monument Advisory Council established by section 7.
(3) The term "Management Plan" means the plan developed
under section 6.
(4) The term "Monument" means the Newberry National
Volcanic Monument established by section 1.
(5) The term "Newberry Caldera Known Geothermal Re-
source Area" refers to the area established by the United States
Geological Survey in 1974 and identified on the map referred to
in section 3(a).
(6) The term "Special Management Area" means the
Newberry Special Management Area established by section 1.
(7) The term "Secretary" means the Secretary of Agriculture.
(8) The term "Surface Resource Analysis of Newberry Vol-
cano" means the document dated September 1990, prepared by
the Forest Service and the Bureau of Land Management, and
available for public inspection in the Office of the Chief. United
States Forest Service. United States Department of Agriculture,
Washington, District of Columbia.
(9) The terms "Transferal Area". "Transferal Corridor" and
"Transferal Area Adjacent" mean the areas established by
section 1.
H.R. 3840-9
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Thomas Speaker of the House of Representatives. S. Joly
Vice President the United States and
Acting President of the Senate, pro tempore
THE WHITE HOUSE
WASHINGTON
90 NOV -5 PM 4: 57
November 5, 1990
MEMORANDUM FOR THE FILE
FROM:
JEFFREY R. HOLMSTEAD yet
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 3840 - Newberry National
Volcanic Monument
Kelli McClure spoke to John Gardner at 3:15 p.m. on this date to
inform him that Counsel's Office has no legal objection to the
enrolled bill referenced above.
Attachment
CC: James W. Cicconi
Assistant to the President and
Deputy to the Chief of Staff
Document No. 1880365
WHITE HOUSE STAFFING MEMORANDUM
DATE:
11/2/90
ACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90
ENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
CLERK
DEMAREST
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide your comments/recommendations directly to my
office by close of business Monday, November 5. Thank you.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
THE UNITED PATER
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
90 NOV -2 PM 43
THE DIRECTOR
November 2, 1990
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 3840 - Newberry National Volcanic
Monument
Sponsors - Rep. Smith (R) Oregon and two others
Last Day for Action
November 10, 1990 - Saturday
Purpose
Establishes the Newberry National Volcanic Monument, in the
State of Oregon, as a component of the National Forest System.
Agency Recommendations
Office of Management and Budget
Approval
Department of Agriculture
Approval
Department of Justice
No objection
(Informally)
Department of Energy
No objection
(Informally)
Environmental Protection Agency
No objection
(Informally)
Department of the Interior
Defers to Agriculture
(Informally)
Council on Environmental Quality
No comment (Informally)
General Services Administration
No comment (Informally)
Discussion
H.R. 3840 would establish the 56,000-acre Newberry National
Volcanic Monument as a part of the Deschutes National Forest in
Oregon. The bill would specify the boundaries of the monument
and provide for minor boundary changes under certain
circumstances.
Subject to valid existing rights, Federal lands within the
monument boundaries would be withdrawn from use or disposal under
the public land, mining, and geothermal leasing laws. The
Secretary of Agriculture would be required to administer the
monument in accordance with the laws, rules, and regulations
pertaining to the National Forest System and other specified
management requirements.
Approximately 10,200 acres of land within the monument
boundary are currently leased for geothermal exploration. The
enrolled bill would cancel these leases and any existing leases
on a 300-acre plot of land (the Transferal Corridor) that bisects
the monument. The Secretary of the Interior would be directed to
issue comparable leases on other lands as full compensation for
the canceled leases.
The enrolled bill would also provide for the management of
designated areas outside the monument's boundaries that have the
potential for geothermal energy development. Existing Federal
geothermal leases on an adjacent 4,000-acre area (the Transferal
Area) would be preserved. The Secretary of the Interior would be
required to conduct geothermal lease sales on a designated 6,000-
acre adjacent area (the Newberry Special Management Area and
Transferal Area Adjacent) within one year after the date of
enactment of this Act. Any leases issued would be subject to
certain conditions.
Within three fiscal years after the date of enactment of
this Act, the Secretary of Agriculture would be required to
develop a management plan for the monument and the designated
areas. The plan would be incorporated into the Deschutes
National Forest Land and Resources Management Plan.
The enrolled bill would also establish a Newberry National
Volcanic Monument Advisory Council to advise the Secretary on the
preparation of the management plan. Except for two Federal
members, the 11-member council would be appointed by the
Secretary from individuals representing specified environmental,
scientific, and commercial interests. The council would
terminate on the date that the plan is officially adopted by the
Secretary. However, at the Secretary's discretion, its term
could be extended for up to five years after the date of
enactment of this Act.
Finally, H.R. 3840 would specify that nothing in this Act is
to be construed as requiring the establishment of buffer zones
around the monument or the adjacent designated areas. Nor would
this Act abrogate any existing timber sales or other contracts or
agreements executed prior to the date of enactment. H.R. 3840
would authorize the appropriation of such sums as may be
necessary to carry out this Act.
-2-
Conclusion and Recommendations
In its enrolled bill views letter, the Department of
Agriculture advises that H.R. 3840 would provide the Secretaries
of Agriculture and the Interior with "appropriate
authorities
to administer the unique and important
resources found on, adjacent to, and under the proposed
Monument." The Department concludes that "approval of the bill
would complete the process of resolving many long-standing
controversies regarding geothermal development in the Newberry
Volcanoes area. "
We join Agriculture in recommending approval of enrolled
bill H.R. 3840, which passed both Houses of Congress by voice
vote.
from Am
Richard G. Darman
Director
Enclosures
-3-
UNITED SDEPARTMENT OF
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20250
October 6 1990
The Honorable Richard G. Darman
Director, Office of Management
and Budget
Washington D.C. 20503
Dear Mr. Darman:
As requested by your office, here are our views on the enrolled bill,
H.R. 3840, an act "To establish the Newberry Volcanoes National Monument in the
State of Oregon, and for other purposes."
The Department of Agriculture recommends that the President approve the
enrolled bill.
H.R. 3840 would establish the Newberry National Volcanic Monument in the State
of Oregon to be administered by the Secretary of Agriculture. Although the
title of the bill refers to the "Newberry Volcanoes National Monument, the
actual designation in section 1 refers to the "Newberry National Volcanic
Monument."
The Monument would be administered in accordance with certain management
requirements related to vegetation, recreation, roads, research, disease,
insect infestation, and fire hazard. Holders of existing Federal geothermal
leases within the Monument would be authorized to relinquish such leases, and,
in lieu thereof and in full compensation for such relinquishment, would be
issued leases of like value outside the Monument. Also, within 1 year of
enactment, the Secretary of the Interior would be required to offer for lease
certain lands, as depicted on a map referenced in the bill. Furthermore, the
Secretary would be required to develop a management plan for the Monument, in
consultation with an advisory council that would be established.
At a hearing conducted by the Subcommittee on National Parks and Public Lands
of the Committee on Interior and Insular Affairs, we testified that "We
enthusiastically support the enactment of H.R. 3840, if amended
"
Subsequently, the bill was amended to address all of our concerns.
We believe that H.R. 3840, as enrolled, would provide appropriate authorities
to the Secretary of Agriculture and the Secretary of the Interior to administer
the unique and important resources found on, adjacent to, and under the
proposed Monument. Furthermore, approval of the bill would complete the
process of resolving many long-standing controversies regarding geothermal
development in the Newberry Volcanoes area.
Sincerely,
for
Janey Clayton Yeutter
Secretary
H.R. 3840
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day of January,
one thousand nine hundred and ninety
In Itt
To establish the Newberry National Volcanic Monument in the State of Oregon, 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. ESTABLISHMENT
(a) IN GENERAL-There is hereby established the Newberry Na-
tional Volcanic Monument in the State of Oregon as a component of
the National Forest System in order to preserve and protect for
present and future generations its remarkable geologic landforms
and for the purposes of providing for the conservation, protection,
interpretation. and enhancement of its ecological, botanical, sci-
entific, scenic, recreational, cultural. and fish and wildlife resources.
(b) AREA INCLUDED.-(1) The Monument shall comprise those
lands generally depicted on the map entitled "Newberry National
Volcanic Monument" and dated September 1990, which shall be on
file and available for public inspection in the Office of the Chief,
Forest Service, Department of Agriculture, Washington, District of
Columbia.
(2) The Newberry Special Management Area, the Transferal Area,
the Transferal Area Adjacent, and the Transferal Corridor shall
comprise those lands generally depicted as such on the map re-
ferred to in paragraph (1).
(3) The Secretary may, by publication of a notice of availability of
a revised map and after public comment, make corrections or minor
changes to the boundary of the Monument or Special Management
Area if such changes are-
(A) necessary to facilitate management of the Monument,
Special Management Area and the immediately surrounding
area,
(B) consistent with the purposes of this Act, and
(C) noncontroversial.
Any proposed boundary change shall be made pursuant to the
National Environmental Policy Act of 1969.
SEC. 2. ADMINISTRATION.
(a) IN GENERAL-Subject to valid existing rights, the Secretary
shall administer the Monument and Special Management Area in
accordance with the laws, rules, and regulations pertaining to the
National Forest System and this Act as part of the Deschutes
National Forest.
(b) TRANSFERAL AREA.-(1) Upon termination, cancellation, or
relinquishment of all Federal geothermal leases (numbered OR-
12008, OR-11612, and OR-11613), the lands and mineral rights
encompassed by such leases, and other Federal land identified as the
Transferal Area on the map referred to in section 1(b)(1), shall
become part of the Monument and shall be administered under this
Act.
H.R. 3840-2
(2) The Transferal Corridor is a part of the Transferal Area and
shall be managed as such, except as otherwise provided in section 4.
(3) Prior to the termination, cancellation, or relinquishment of
such geothermal leases, the Secretary of the Interior and the Sec-
retary of Agriculture shall, to the extent practicable and consistent
with the Geothermal Steam Act of 1970 and rights under such
leases, manage the Transferal Area under the laws, rules, and
regulations pertaining to the National Forest System in such a
manner so as to preserve the natural values of the area which would
qualify it for designation as a national monument.
(4) Upon discovery of commercial quantities of geothermal re-
sources, paragraphs (1), (2), and (3) shall no longer apply.
(c) NEWBERRY SPECIAL MANAGEMENT AREA.-The area identified
on the map referred to in section 1(b)(1) as the Newberry Special
Management Area shall be managed as if it were part of the
Monument, except as otherwise provided in section 4.
(d) TRANSFERAL AREA ADJACENT-The area identified on the map
referred to in section 1(b)(1) as the Transferal Area Adjacent is a
part of the Special Management Area, except as otherwise provided
in section 4.
(e) MANAGEMENT REQUIREMENTS.-The Monument and Special
Management Area shall be administered in accordance with the
following management requirements:
(1) Land management activities shall allow natural ecological
succession of vegetation to continue to the maximum extent
practical, as determined by the Secretary. Timber removal shall
be permitted only to the extent the Secretary determines nec-
essary to achieve the purposes of this Act and to protect health
and safety. Timber within the Monument and Special Manage-
ment Area shall not be considered part of the allowable sale
quantity for the Deschutes National Forest.
(2) Recreation uses and interpretive facilities shall be pro-
vided. including (but not limited to) trails, campgrounds, re-
sorts, and visitor centers, as identified in the management plan.
(3) Roads shall be permitted in the Monument and Special
Management Area consistent with the purposes of this Act and
in accordance with the management plan.
(f) SCIENTIFIC RESEARCH.-Scientific research shall be allowed
consistent with the purposes for which the Monument was
established.
(g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.-The Sec-
retary is authorized to take action to the extent practicable to
ensure that tree diseases, insect infestations, fire hazards. and fires
within the Monument and Special Management Area do not seri-
ously threaten resources outside the Monument and Special
Management Area boundaries.
SEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.
(a) IN GENERAL-Those holders of all Federal geothermal leases
within the Monument as of the date of enactment of this Act and
who are listed in subsection (c) of this section are authorized,
without penalty, to relinquish all rights to such leases on the terms
and conditions provided in this section and section 10 of the Geo-
thermal Steam Act of 1970. Such leases are depicted on the map
entitled "Geothermal Lease Compensation" which is a part of the
Surface Resource Analysis of Newberry Volcano.
H.R. 3840-3
(b) GEOTHERMAL LEASE EXCHANGE.-Upon the acceptance by the
Secretary of the Interior of a lease relinquished pursuant to subsec-
tion (a), the Secretary of the Interior shall immediately issue, in lieu
thereof and in full compensation for such relinquishment, geo-
thermal leases of like value as described in subsection (c). The leases
issued in lieu of relinquished leases shall contain the terms and
conditions prescribed in the Surface Resource Analysis of Newberry
Volcano and the Land and Resource Management Plan for the
Deschutes National Forest. dated August 1990. Consistent with such
terms and conditions, such in-lieu leases shall be administered
under the Geothermal Steam Act of 1970.
(c) DESCRIPTIONS.-(1) The parties (including their successors, or
assignees), and lands referred to in subsection (a). are those specified
on the map referred to in subsection (a).
(2) The leases to be issued pursuant to subsection (b) and the
interests in lands subject to such leases are as follows:
(A) Within the Newberry Caldera Known Geothermal Re-
source Area, lease area 1, leases shall be issued with an undi-
vided fractional interest distributed as follows:
(i) 62.37 percent to California Energy Co., Inc.
(ii) 35.09 percent to Christian F. Murer.
(iii) 2.54 percent to Delta Funds. Inc.
(B) Within the Newberry Caldera Known Geothermal Re-
source Area. lease area 2, leases shall be issued with an undi-
vided fractional interest distributed as follows:
0.84 percent to L.H. Armour. Jr.
5.49 percent to Frances B. Bunn.
1.73 percent to Robert B. Bunn.
8.52 percent to Geo-Newberry Crater. Inc.
15.10 percent to Hawthorn Oil Co.
3.42 percent to Terry Allen Kramer.
64.90 percent to George W. Waters.
(C) Outside the Newberry Caldera Known Geothermal Re-
source Area. leases shall be issued for the approximate acreage
noted:
(i) Lease Area 3-Robert B. Bunn-1.280.00 acres.
(ii) Lease Area 4-Frances B. Bunn-1.240.00 acres.
(iii) Lease Area 5-Geo-Newberry Crater. Inc.-2,928
acres.
(d) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THE GEOTHERMAL STEAM AcT.-Following the expiration.
relinquishment, or termination of any geothermal lease issued for
lands identified in subsection (c), except for lands situated within
the Special Management Area. such lands may be offered for lease
under the Geothermal Steam Act of 1970.
(e) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THIS AcT.-Following expiration. relinquishment, or termi-
nation of a geothermal lease on lands identified in subsection (c).
within the Special Management Area. lands shall be offered for
lease as provided in section 4(a)(5) of this Act.
if NONAPPLICABLE PROVISIONS.-The provisions of subsection (g) of
section 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and
(g)) shall not apply to any geothermal lease within the Monument
existing on the date of enactment of this Act.
SEC. I. SUBSURFACE RIGHTS.
(a) WITHDRAWAL-
H. R. 3840-4
(1) MONUMENT.-Subject to valid existing rights. Federal
lands within the Monument are hereby withdrawn from all
forms of entry. appropriation, or disposal under the public land
laws. from location, entry, or patent under the mining laws, and
from disposition under all mineral and geothermal leasing laws.
(2) TRANSFERAL AREA.-Subject to valid existing rights, Fed-
eral lands within the Transferal Area are hereby withdrawn
from all forms of entry, appropriation, or disposal under the
public land laws, from location, entry, or patent under the
mining laws, and from disposition under all mineral and geo-
thermal leasing laws. Upon completion of a well capable of
producing geothermal steam in commercial quantities. as de-
fined in section 6(d) of the Geothermal Steam Act of 1970 (30
U.S.C. 1005(d)) on valid existing leases within the Transferal
Area, as determined by the Secretary of the Interior, the with-
drawal made by this subsection shall be revoked. and such lands
shall be restored to the operation of the public land laws,
mining laws, and mineral and geothermal leasing laws.
(3) TRANSFERAL CORRIDOR.-Subject to valid existing rights,
Federal lands within the Transferal Corridor are hereby with-
drawn from all forms of entry, appropriation, or disposal under
the public land laws, from location, entry or patent under the
mining laws, and from disposition under all mineral and geo-
thermal leasing laws.
(4) TRANSFERAL AREA ADJACENT.-Subject to valid existing
rights, Federal lands within the Transferal Area Adjacent are
hereby withdrawn from all forms of entry. appropriation, or
disposal under the public land laws, from location. entry, or
patent under the mining laws, and from disposition under all
mineral leasing laws except the Geothermal Steam Act of 1970.
Upon completion of a well capable of producing geothermal
steam in commercial quantities, as defined in section 6(d) of the
Geothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the
Transferal Area. as determined by the Secretary of the Interior.
this area will be managed as part of the Special Management
Area and be governed by provisions in section 4(a)(5). Geo-
thermal leases issued in this area shall contain stipulations that
prohibit surface occupancy and no plans of operation will be
approved by the Secretary until commercial quantities of geo-
thermal resources are found within the Transferal Area.
(5) SPECIAL MANAGEMENT AREA.-Subject to valid existing
rights, Federal lands within the Special Management Area are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location, entry, or
patent under the mining laws, and under all mineral leasing
laws except the Geothermal Steam Act of 1970. Geothermal
leases issued in this area shall contain stipulations that prohibit
surface occupancy and shall require that the Special Manage-
ment Area be entered only by directional drilling from outside
the Special Management Area boundaries. In the event that no
commercial quantities of geothermal resources are developed
under leases within 30 years after the date of enactment of this
Act, the Secretary of the Interior is authorized and directed to
withdraw such areas in perpetuity from all further leasing
under the Geothermal Steam Act of 1970. Upon such with-
drawal, the Special Management Area designations shall termi-
nate and such areas shall become part of the Monument. All or
H. 3840-5
portions of the Special Management Area may be withdrawn
from the Geothermal Steam Act of 1970 and made a part of the
Monument earlier at the joint discretion of the Secretaries of
Interior and Agriculture. This provision shall in no way restrict
the Secretary's authority to acquire by purchase, donation or
exchange any lease within the Special Management Area prior
to the expiration of the term of years set forth in this
paragraph.
(b) GEOTHERMAL LEASE SALES.-(1) Within one year after the date
of the enactment of this Act. pursuant to the Geothermal Steam Act
of 1970, the Secretary of the Interior shall offer for lease by competi-
tive bid the lands depicted on the map entitled "Geothermal Lease
Sale Parcels," which is part of the Surface Resource Analysis of
Newberry Volcano, with stipulations as provided therein.
(2) Any of the lands described in paragraph (1) of this subsection
which are not leased as a result of the first competitive bid offering,
or any of the initial leases which are relinquished, terminated, or
otherwise canceled. may be reoffered by the Secretary of the In-
terior for lease by competitive bid under the Geothermal Steam Act
of 1970, except that all lands within the Special Management Area
shall be subject to the leasing provisions of subsection (a)(5) of this
Act.
(c) AUTHORITY FOR PLANS OF OPERATION.-The Secretary of Agri-
culture shall regulate all surface disturbing activities conducted
pursuant to any lease issued under this section and section 3 and
shall determine reclamation and all other actions as required in the
interest of conservation of these resources. No permit to drill on a
geothermal lease for areas covered under this Act may be granted
without the analysis and approval by the Secretary of Agriculture of
a plan of operations covering proposed surface disturbing activities
within the lease area. In making such determination. the Secretary
shall consider the effects of the proposed operations on the values
for which the Monument and Special Management Area were
established.
SEC. 5. FISH AND WILDLIFE.
Nothing in this Act shall be construed to affect the jurisdiction or
responsibilities of the State of Oregon with respect to fish and
wildlife, including the regulation of hunting, fishing, and trapping,
except that the Secretary may designate zones where, and establish
periods when. no hunting, fishing, or trapping shall be permitted for
reasons of public safety, administration, or public use and enjoy-
ment. Except in emergencies, any regulations of the Secretary
pursuant to this section shall be put into effect only after consulta-
tion with the Department of Fish and Wildlife of the State of Oregon
or its successor agency.
SEC. 6. MANAGEMENT PLAN.
(a) IN GENERAL-(1) Within three fiscal years beginning after the
date of enactment of this Act, the Secretary shall develop a manage-
ment plan which shall address the lands established in section 1.
The management plan shall be developed in consultation with the
Council (established by section 7), interested Federal, State, and
local government agencies, and the public.
(2) The management plan shall be periodically updated, amended,
or revised as necessary and, at the discretion of the Secretary, such
updates, amendments. or revisions mav be done senerately :-
H. R. 3840-6
conjunction with land management planning for other adjacent
areas of the Deschutes National Forest.
(3) No actions taken under the authority of this Act shall require
the reconsideration, amendment, or revision of the Deschutes Na-
tional Forest Land and Resource Management Plan prepared pursu-
ant to section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604). The management plan re-
quired by paragraph (1) shall be incorporated into the Deschutes
National Forest Land and Resource Management Plan upon the
regular revision of the the Deschutes National Forest Land and
Resource Management Plan.
(b) ISSUES TO BE ADDRESSED BY MANAGEMENT PLAN.-Consistent
with the purposes for which the Monument and Special Manage-
ment Area were established, the Management Plan shall address at
least the following management issues:
(1) Recreation, including consideration of a full range of
existing and appropriate new facilities and programs for recre-
ation during all seasons of the year.
(2) Vegetation. including consideration of a full range of
management options, and a program to reestablish old growth
ponderosa pine ecosvstems.
(3) Roads and facilities, including-
(A) consideration of the general location, design, construc-
tion. and maintenance criteria;
(B) standards for motorized vehicle use:
(C) traffic management; and
(D) criteria for the closing and obliteration of roads.
(4) Fire and fuel management prescriptions. including consid-
eration of a full range of management options for fuel hazard
reduction and prescribed fire and fire control strategies to
minimize the risk of catastrophic wildfire and to meet other
resource objectives.
(5) Wildlife management, including general prescriptions for
wildlife habitat improvements.
(6) Research. including identification and prioritization of
research opportunities.
(7) Monitoring. including monitoring needs for air, water,
wildlife, soil, and other resources. The Secretary, in cooperation
with the Secretary of the Interior, shall maintain a research
and monitoring program for geothermal resources for the pur-
pose of identifying and assessing the impact that present and
proposed geothermal development in the vicinity of the Monu-
ment and Special Management Area may have on the values for
which such Monument and Special Management Area were
established.
(8) Conflicts. including consideration of potential conflicts
among uses and resources.
SEC. 7. ADVISORY COUNCIL.
(a) ESTABLISHMENT-There is hereby established the Newberry
National Volcanic Monument Advisory Council for the purpose of
advising the Secretary on the preparation of the initial management
plan required by section 6(a) and on other matters at the Secretary's
request.
(b) MEMBERSHIP.-The Council shall be composed of 11 members
appointed by the Secretary. as follows:
(1) One member who represents the scientific community.
H. 3840-7
(2) One member who represents organized recreational in-
terests.
(3) One member who represents organized timber industry
interests.
111 One member who represents organized geothermal indus-
try interests.
(5) One member who represents organized tourism interests.
(6) One member of the Deschutes County Board of Commis-
sioners.
(7) One member who represents organized environmental
interests.
(8) One member who represents organized wildlife and fish
interests.
(9) One at-large member from nominations submitted to the
Secretary by the Governor of Oregon.
(11) The Forest Supervisor, Deschutes National Forest. and
the District Manager. Prineville District. Bureau of Land
Management. who shall serve as nonvoting. ex officio members.
(c) VACANCY.-A vacancy on the Council shall be filled in the
same manner as the original appointment.
(d) QUORUM.-A quorum shall be 6 appointed members of the
Council. The operations of the Council shall not be impaired by the
fact that a member has not been appointed as long as a quorum has
been attained.
(e) CHAIRPERSON AND PROCEDURES-The Council shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
in CONSULTATION.-The Secretary shall consult with the Council
on a periodic and regular basis with respect to the management
plan.
'g' PAY.-Members of the Council who are not full-time officers or
employees of the United States shall serve without pay. Members
who are full-time officers or employees of the United States shall
receive no additional pay by reason of their service on the Council.
(h) SCIENTIFIC ADVISORY SUBCOMMITTEE-The Council may ap-
point a Scientific Advisory Subcommittee. to be chaired by the
Council member who represents the scientific community. for the
purposes of advising the Council on matters related to the manage-
ment plan. Subcommittee members shall be appointed for their
expertise and need not be members of the Council.
(i) TERMINATION.-The Council and the Scientific Advisory Sub-
committee. if any, shall cease to exist on the date upon which the
management plan is officially adopted by the Secretary. or later at
the discretion of the Secretary. except in no event shall the Council
exist later than 5 years after the date of enactment of this Act.
SEC. 8. SAVINGS PROVISIONS.
(a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.-Nothing
in this Act shall be construed as authorizing or directing the
establishment of protective perimeters or buffer zones around the
Monument or Special Management Area for the purpose of preclud-
ing activities outside the Monument and Special Management Area
boundary which would otherwise be permitted under applicable law.
Nothing in this Act shall be construed as limiting the existing
authority of the Secretary to take actions on Federal lands adjacent
to the Monument and Special Management Area necessary to pro-
tect public health and safety in emergencies. The fact that activities
H.R. 3840-9
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Thomas Speaker of the House of Representatives. S. Joly
Vice President the United States and
Acting President of the Senate, pro tempore
Document No. 18803655
WHITE HOUSE STAFFING MEMORANDUM
DATE:
11/2/90
ACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90
ENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
CLERK
DEMAREST
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide your comments/recommendations directly to my
office by close of business Monday, November 5. Thank you.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
22JE088\
-
OFFICE TRENDEND
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
90 NOV -2 PM 43
THE DIRECTOR
November 2, 1990
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 3840 - Newberry National Volcanic
Monument
Sponsors - Rep. Smith (R) Oregon and two others
Last Day for Action
November 10, 1990 - Saturday
Purpose
Establishes the Newberry National Volcanic Monument, in the
State of Oregon, as a component of the National Forest System.
Agency Recommendations
Office of Management and Budget
Approval
Department of Agriculture
Approval
Department of Justice
No objection
(Informally)
Department of Energy
No objection
(Informally)
Environmental Protection Agency
No objection
(Informally)
Department of the Interior
Defers to Agriculture
(Informally)
Council on Environmental Quality
No comment (Informally)
General Services Administration
No comment (Informally)
Discussion
H.R. 3840 would establish the 56,000-acre Newberry National
Volcanic Monument as a part of the Deschutes National Forest in
Oregon. The bill would specify the boundaries of the monument
and provide for minor boundary changes under certain
circumstances.
Subject to valid existing rights, Federal lands within the
monument boundaries would be withdrawn from use or disposal under
the public land, mining, and geothermal leasing laws. The
Secretary of Agriculture would be required to administer the
monument in accordance with the laws, rules, and regulations
pertaining to the National Forest System and other specified
management requirements.
Approximately 10,200 acres of land within the monument
boundary are currently leased for geothermal exploration. The
enrolled bill would cancel these leases and any existing leases
on a 300-acre plot of land (the Transferal Corridor) that bisects
the monument. The Secretary of the Interior would be directed to
issue comparable leases on other lands as full compensation for
the canceled leases.
The enrolled bill would also provide for the management of
designated areas outside the monument's boundaries that have the
potential for geothermal energy development. Existing Federal
geothermal leases on an adjacent , 000-acre area (the Transferal
Area) would be preserved. The Secretary of the Interior would be
required to conduct geothermal lease sales on a designated 6,000-
acre adjacent area (the Newberry Special Management Area and
Transferal Area Adjacent) within one year after the date of
enactment of this Act. Any leases issued would be subject to
certain conditions.
Within three fiscal years after the date of enactment of
this Act, the Secretary of Agriculture would be required to
develop a management plan for the monument and the designated
areas. The plan would be incorporated into the Deschutes
National Forest Land and Resources Management Plan.
The enrolled bill would also establish a Newberry National
Volcanic Monument Advisory Council to advise the Secretary on the
preparation of the management plan. Except for two Federal
members, the 11-member council would be appointed by the
Secretary from individuals representing specified environmental,
scientific, and commercial interests. The council would
terminate on the date that the plan is officially adopted by the
Secretary. However, at the Secretary's discretion, its term
could be extended for up to five years after the date of
enactment of this Act.
Finally, H.R. 3840 would specify that nothing in this Act is
to be construed as requiring the establishment of buffer zones
around the monument or the adjacent designated areas. Nor would
this Act abrogate any existing timber sales or other contracts or
agreements executed prior to the date of enactment. H.R. 3840
would authorize the appropriation of such sums as may be
necessary to carry out this Act.
-2-
Conclusion and Recommendations
In its enrolled bill views letter, the Department of
Agriculture advises that H.R. 3840 would provide the Secretaries
of Agriculture and the Interior with "appropriate
authorities to administer the unique and important
resources found on, adjacent to, and under the proposed
Monument." The Department concludes that "approval of the bill
would complete the process of resolving many long-standing
controversies regarding geothermal development in the Newberry
Volcanoes area."
We join Agriculture in recommending approval of enrolled
bill H.R. 3840, which passed both Houses of Congress by voice
vote.
Name Aam
Richard G. Darman
Director
Enclosures
-3-
UNITED UNITED STATES STATES DEPARTMENT
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20250
October 36 1990
The Honorable Richard G. Darman
Director, Office of Management
and Budget
Washington D.C. 20503
Dear Mr. Darman:
As requested by your office, here are our views on the enrolled bill,
H.R. 3840, an act "To establish the Newberry Volcanoes National Monument in the
State of Oregon, and for other purposes."
The Department of Agriculture recommends that the President approve the
enrolled bill.
H.R. 3840 would establish the Newberry National Volcanic Monument in the State
of Oregon to be administered by the Secretary of Agriculture. Although the
title of the bill refers to the "Newberry Volcanoes National Monument," the
actual designation in section 1 refers to the "Newberry National Volcanic
Monument."
The Monument would be administered in accordance with certain management
requirements related to vegetation, recreation, roads, research, disease,
insect infestation, and fire hazard. Holders of existing Federal geothermal
leases within the Monument would be authorized to relinquish such leases, and,
in lieu thereof and in full compensation for such relinquishment, would be
issued leases of like value outside the Monument. Also, within 1 year of
enactment, the Secretary of the Interior would be required to offer for lease
certain lands, as depicted on a map referenced in the bill. Furthermore, the
Secretary would be required to develop a management plan for the Monument, in
consultation with an advisory council that would be established.
At a hearing conducted by the Subcommittee on National Parks and Public Lands
of the Committee on Interior and Insular Affairs, we testified that "We
enthusiastically support the enactment of H.R. 3840, if amended.
"
Subsequently, the bill was amended to address all of our concerns.
We believe that H.R. 3840, as enrolled, would provide appropriate authorities
to the Secretary of Agriculture and the Secretary of the Interior to administer
the unique and important resources found on, adjacent to, and under the
proposed Monument. Furthermore, approval of the bill would complete the
process of resolving many long-standing controversies regarding geothermal
development in the Newberry Volcanoes area.
Sincerely,
Clayton Yeutter
Secretary
3840
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day of January,
one thousand nine hundred and ninety
An Art
To establish the Newberry National Volcanic Monument in the State of Oregon, 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. ESTABLISHMENT.
(a) IN GENERAL-There is hereby established the Newberry Na-
tional Volcanic Monument in the State of Oregon as a component of
the National Forest System in order to preserve and protect for
present and future generations its remarkable geologic landforms
and for the purposes of providing for the conservation, protection,
interpretation. and enhancement of its ecological, botanical, sci-
entific, scenic, recreational, cultural, and fish and wildlife resources.
(b) AREA INCLUDED.-(1) The Monument shall comprise those
lands generally depicted on the map entitled "Newberry National
Volcanic Monument" and dated September 1990, which shall be on
file and available for public inspection in the Office of the Chief,
Forest Service, Department of Agriculture, Washington, District of
Columbia.
(2) The Newberry Special Management Area, the Transferal Area,
the Transferal Area Adjacent, and the Transferal Corridor shall
comprise those lands generally depicted as such on the map re-
ferred to in paragraph (1).
(3) The Secretary may, by publication of a notice of availability of
a revised map and after public comment, make corrections or minor
changes to the boundary of the Monument or Special Management
Area if such changes are-
(A) necessary to facilitate management of the Monument,
Special Management Area and the immediately surrounding
area,
(B) consistent with the purposes of this Act, and
(C) noncontroversial.
Any proposed boundary change shall be made pursuant to the
National Environmental Policy Act of 1969.
SEC. 2. ADMINISTRATION.
(a) IN GENERAL.-Subject to valid existing rights, the Secretary
shall administer the Monument and Special Management Area in
accordance with the laws, rules, and regulations pertaining to the
National Forest System and this Act as part of the Deschutes
National Forest.
(b) TRANSFERAL AREA.-(1) Upon termination, cancellation, or
relinquishment of all Federal geothermal leases (numbered OR-
12008. OR-11612, and OR-11613), the lands and mineral rights
encompassed by such leases, and other Federal land identified as the
Transferal Area on the map referred to in section 1(b)(1), shall
become part of the Monument and shall be administered under this
Act.
H.R. 3840-2
(2) The Transferal Corridor is a part of the Transferal Area and
shall be managed as such, except as otherwise provided in section 4.
(3) Prior to the termination. cancellation, or relinquishment of
such geothermal leases, the Secretary of the Interior and the Sec-
retary of Agriculture shall, to the extent practicable and consistent
with the Geothermal Steam Act of 1970 and rights under such
leases, manage the Transferal Area under the laws, rules, and
regulations pertaining to the National Forest System in such a
manner so as to preserve the natural values of the area which would
qualify it for designation as a national monument.
(4) Upon discovery of commercial quantities of geothermal re-
sources, paragraphs (1), (2), and (3) shall no longer apply.
(c) NEWBERRY SPECIAL MANAGEMENT AREA.-The area identified
on the map referred to in section 1(b)(1) as the Newberry Special
Management Area shall be managed as if it were part of the
Monument, except as otherwise provided in section 4.
(d) TRANSFERAL AREA ADJACENT.-The area identified on the map
referred to in section 1(b)(1) as the Transferal Area Adjacent is a
part of the Special Management Area, except as otherwise provided
in section 4.
(e) MANAGEMENT REQUIREMENTS.-The Monument and Special
Management Area shall be administered in accordance with the
following management requirements:
(1) Land management activities shall allow natural ecological
succession of vegetation to continue to the maximum extent
practical. as determined by the Secretary. Timber removal shall
be permitted only to the extent the Secretary determines nec-
essary to achieve the purposes of this Act and to protect health
and safety. Timber within the Monument and Special Manage-
ment Area shall not be considered part of the allowable sale
quantity for the Deschutes National Forest.
(2) Recreation uses and interpretive facilities shall be pro-
vided, including (but not limited to) trails, campgrounds, re-
sorts, and visitor centers, as identified in the management plan.
(3) Roads shall be permitted in the Monument and Special
Management Area consistent with the purposes of this Act and
in accordance with the management plan.
(f) SCIENTIFIC RESEARCH.-Scientific research shall be allowed
consistent with the purposes for which the Monument was
established.
(g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.-The Sec-
retary is authorized to take action to the extent practicable to
ensure that tree diseases, insect infestations, fire hazards, and fires
within the Monument and Special Management Area do not seri-
ously threaten resources outside the Monument and Special
Management Area boundaries.
SEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.
(a) IN GENERAL-Those holders of all Federal geothermal leases
within the Monument as of the date of enactment of this Act and
who are listed in subsection (c) of this section are authorized,
without penalty, to relinquish all rights to such leases on the terms
and conditions provided in this section and section 10 of the Geo-
thermal Steam Act of 1970. Such leases are depicted on the map
entitled "Geothermal Lease Compensation" which is a part of the
Surface Resource Analysis of Newberry Volcano.
H.R. 3840-3
(b) GEOTHERMAL LEASE EXCHANGE. the acceptance by the
Secretary of the Interior of a lease relinquished pursuant to subsec-
tion (a), the Secretary of the Interior shall immediately issue, in lieu
thereof and in full compensation for such relinquishment, geo-
thermal leases of like value as described in subsection (c). The leases
issued in lieu of relinquished leases shall contain the terms and
conditions prescribed in the Surface Resource Analysis of Newberry
Volcano and the Land and Resource Management Plan for the
Deschutes National Forest. dated August 1990. Consistent with such
terms and conditions. such in-lieu leases shall be administered
under the Geothermal Steam Act of 1970.
(c) DESCRIPTIONS.-(1 The parties (including their successors, or
assignees), and lands referred to in subsection (a), are those specified
on the map referred to in subsection (a).
(2) The leases to be issued pursuant to subsection (b) and the
interests in lands subject to such leases are as follows:
(A) Within the Newberry Caldera Known Geothermal Re-
source Area, lease area 1, leases shall be issued with an undi-
vided fractional interest distributed as follows:
(i) 62.37 percent to California Energy Co., Inc.
(ii) 35.09 percent to Christian F. Murer.
(iii) 2.54 percent to Delta Funds, Inc.
(B) Within the Newberry Caldera Known Geothermal Re-
source Area, lease area 2, leases shall be issued with an undi-
vided fractional interest distributed as follows:
0.84 percent to L.H. Armour, Jr.
5.49 percent to Frances B. Bunn.
1.73 percent to Robert B. Bunn.
8.52 percent to Geo-Newberry Crater. Inc.
15.10 percent to Hawthorn Oil Co.
3.42 percent to Terry Allen Kramer.
64.90 percent to George W. Waters.
(C) Outside the Newberry Caldera Known Geothermal Re-
source Area. leases shall be issued for the approximate acreage
noted:
(i) Lease Area 3-Robert B. Bunn-1,280.00 acres.
(ii) Lease Area -Frances B. Bunn-1,240.00 acres.
(iii) Lease Area 5-Geo-Newberry Crater. Inc.-2.928
acres.
(d) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THE GEOTHERMAL STEAM AcT.-Following the expiration,
relinquishment, or termination of any geothermal lease issued for
lands identified in subsection (c), except for lands situated within
the Special Management Area, such lands may be offered for lease
under the Geothermal Steam Act of 1970.
(e) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THIS AcT.-Following expiration. relinquishment, or termi-
nation of a geothermal lease on lands identified in subsection (c).
within the Special Management Area, lands shall be offered for
lease as provided in section 4(a)(5) of this Act.
(f) NONAPPLICABLE PROVISIONS.-The provisions of subsection (g) of
section 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and
(g)) shall not apply to any geothermal lease within the Monument
existing on the date of enactment of this Act.
SEC. I. SUBSURFACE RIGHTS.
(a) WITHDRAWAL-
H. R. 3840-4
(1) MONUMENT.-Subject to valid existing rights, Federal
lands within the Monument are hereby withdrawn from all
forms of entry, appropriation, or disposal under the public land
laws. from location, entry, or patent under the mining laws, and
from disposition under all mineral and geothermal leasing laws.
(2) TRANSFERAL AREA.-Subject to valid existing rights, Fed-
eral lands within the Transferal Area are hereby withdrawn
from all forms of entry, appropriation, or disposal under the
public land laws, from location, entry, or patent under the
mining laws, and from disposition under all mineral and geo-
thermal leasing laws. Upon completion of a well capable of
producing geothermal steam in commercial quantities, as de-
fined in section 6(d) of the Geothermal Steam Act of 1970 (30
U.S.C. 1005(d)) on valid existing leases within the Transferal
Area, as determined by the Secretary of the Interior, the with-
drawal made by this subsection shall be revoked. and such lands
shall be restored to the operation of the public land laws,
mining laws, and mineral and geothermal leasing laws.
(3) TRANSFERAL CORRIDOR.-Subject to valid existing rights,
Federal lands within the Transferal Corridor are hereby with-
drawn from all forms of entry, appropriation, or disposal under
the public land laws, from location, entry or patent under the
mining laws, and from disposition under all mineral and geo-
thermal leasing laws.
(4) TRANSFERAL AREA ADJACENT.-Subject to valid existing
rights, Federal lands within the Transferal Area Adjacent are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location. entry. or
patent under the mining laws, and from disposition under all
mineral leasing laws except the Geothermal Steam Act of 1970.
Upon completion of a well capable of producing geothermal
steam in commercial quantities, as defined in section 6(d) of the
Geothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the
Transferal Area, as determined by the Secretary of the Interior,
this area will be managed as part of the Special Management
Area and be governed by provisions in section 4(a)(5). Geo-
thermal leases issued in this area shall contain stipulations that
prohibit surface occupancy and no plans of operation will be
approved by the Secretary until commercial quantities of geo-
thermal resources are found within the Transferal Area.
(5) SPECIAL MANAGEMENT AREA.-Subject to valid existing
rights, Federal lands within the Special Management Area are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location, entry, or
patent under the mining laws, and under all mineral leasing
laws except the Geothermal Steam Act of 1970. Geothermal
leases issued in this area shall contain stipulations that prohibit
surface occupancy and shall require that the Special Manage-
ment Area be entered only by directional drilling from outside
the Special Management Area boundaries. In the event that no
commercial quantities of geothermal resources are developed
under leases within 30 years after the date of enactment of this
Act, the Secretary of the Interior is authorized and directed to
withdraw such areas in perpetuity from all further leasing
under the Geothermal Steam Act of 1970. Upon such with-
drawal, the Special Management Area designations shall termi-
nate and such areas shall become part of the Monument. All or
H. 3840-5
portions of the Special Management Area may be withdrawn
from the Geothermal Steam Act of 1970 and made a part of the
Monument earlier at the joint discretion of the Secretaries of
Interior and Agriculture. This provision shall in no way restrict
the Secretary's authority to acquire by purchase, donation or
exchange any lease within the Special Management Area prior
to the expiration of the term of years set forth in this
paragraph.
(b) GEOTHERMAL LEASE SALES.-(1) Within one year after the date
of the enactment of this Act. pursuant to the Geothermal Steam Act
of 1970, the Secretary of the Interior shall offer for lease by competi-
tive bid the lands depicted on the map entitled "Geothermal Lease
Sale Parcels," which is part of the Surface Resource Analysis of
Newberry Volcano, with stipulations as provided therein.
(2) Any of the lands described in paragraph (1) of this subsection
which are not leased as a result of the first competitive bid offering,
or any of the initial leases which are relinquished, terminated, or
otherwise canceled, may be reoffered by the Secretary of the In-
terior for lease by competitive bid under the Geothermal Steam Act
of 1970, except that all lands within the Special Management Area
shall be subject to the leasing provisions of subsection (a)(5) of this
Act.
(c) AUTHORITY FOR PLANS OF OPERATION.-The Secretary of Agri-
culture shall regulate all surface disturbing activities conducted
pursuant to any lease issued under this section and section 3 and
shall determine reclamation and all other actions as required in the
interest of conservation of these resources. No permit to drill on a
geothermal lease for areas covered under this Act may be granted
without the analysis and approval by the Secretary of Agriculture of
a plan of operations covering proposed surface disturbing activities
within the lease area. In making such determination, the Secretary
shall consider the effects of the proposed operations on the values
for which the Monument and Special Management Area were
established.
SEC. 5. FISH AND WILDLIFE.
Nothing in this Act shall be construed to affect the jurisdiction or
responsibilities of the State of Oregon with respect to fish and
wildlife, including the regulation of hunting, fishing, and trapping,
except that the Secretary may designate zones where, and establish
periods when, no hunting, fishing, or trapping shall be permitted for
reasons of public safety, administration, or public use and enjoy-
ment. Except in emergencies, any regulations of the Secretary
pursuant to this section shall be put into effect only after consulta-
tion with the Department of Fish and Wildlife of the State of Oregon
or its successor agency.
SEC. 6. MANAGEMENT PLAN.
(a) IN GENERAL.-(1) Within three fiscal years beginning after the
date of enactment of this Act, the Secretary shall develop a manage-
ment plan which shall address the lands established in section 1.
The management plan shall be developed in consultation with the
Council (established by section 71, interested Federal, State, and
local government agencies, and the public.
(2) The management plan shall be periodically updated, amended,
or revised as necessary and, at the discretion of the Secretary, such
updates. amendments. or revisions mav be done senarately or in
H. R. 3840-6
conjunction with land management planning for other adjacent
areas of the Deschutes National Forest.
(3) No actions taken under the authority of this Act shall require
the reconsideration, amendment, or revision of the Deschutes Na-
tional Forest Land and Resource Management Plan prepared pursu-
ant to section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604). The management plan re-
quired by paragraph (1) shall be incorporated into the Deschutes
National Forest Land and Resource Management Plan upon the
regular revision of the the Deschutes National Forest Land and
Resource Management Plan.
(b) ISSUES TO BE ADDRESSED BY MANAGEMENT PLAN.-Consistent
with the purposes for which the Monument and Special Manage-
ment Area were established, the Management Plan shall address at
least the following management issues:
(1) Recreation, including consideration of a full range of
existing and appropriate new facilities and programs for recre-
ation during all seasons of the year.
(2) Vegetation, including consideration of a full range of
management options, and a program to reestablish old growth
ponderosa pine ecosystems.
(3) Roads and facilities, including-
(A) consideration of the general location. design, construc-
tion. and maintenance criteria;
(B) standards for motorized vehicle use:
C) traffic management; and
(D) criteria for the closing and obliteration of roads.
(4) Fire and fuel management prescriptions. including consid-
eration of a full range of management options for fuel hazard
reduction and prescribed fire and fire control strategies to
minimize the risk of catastrophic wildfire and to meet other
resource objectives.
(5) Wildlife management, including general prescriptions for
wildlife habitat improvements.
(6) Research, including identification and prioritization of
research opportunities.
(7) Monitoring. including monitoring needs for air, water,
wildlife, soil, and other resources. The Secretary, in cooperation
with the Secretary of the Interior, shall maintain a research
and monitoring program for geothermal resources for the pur-
pose of identifying and assessing the impact that present and
proposed geothermal development in the vicinity of the Monu-
ment and Special Management Area may have on the values for
which such Monument and Special Management Area were
established.
(8) Conflicts, including consideration of potential conflicts
among uses and resources.
SEC. 7. ADVISORY COUNCIL.
(a) ESTABLISHMENT.-There is hereby established the Newberry
National Volcanic Monument Advisory Council for the purpose of
advising the Secretary on the preparation of the initial management
plan required by section 6(a) and on other matters at the Secretary's
request.
(b) MEMBERSHIP.-The Council shall be composed of 11 members
appointed by the Secretary, as follows:
(1) One member who represents the scientific community.
H. 3840-7
(2) One member who represents organized recreational in-
terests.
(3) One member who represents organized timber industry
interests.
111 One member who represents organized geothermal indus-
try interests.
(5) One member who represents organized tourism interests.
(6) One member of the Deschutes County Board of Commis-
sioners.
(7) One member who represents organized environmental
interests.
(8) One member who represents organized wildlife and fish
interests.
(9) One at-large member from nominations submitted to the
Secretary by the Governor of Oregon.
(10) The Forest Supervisor, Deschutes National Forest. and
the District Manager, Prineville District. Bureau of Land
Management, who shall serve as nonvoting, ex officio members.
(c) VACANCY.-A vacancy on the Council shall be filled in the
same manner as the original appointment.
(d) QUORUM.-A quorum shall be 6 appointed members of the
Council. The operations of the Council shall not be impaired by the
fact that a member has not been appointed as long as a quorum has
been attained.
(e) CHAIRPERSON AND PROCEDURES.-The Council shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
in CONSULTATION.- The Secretary shall consult with the Council
on a periodic and regular basis with respect to the management
plan.
(g) PAY.-Members of the Council who are not full-time officers or
employees of the United States shall serve without pay. Members
who are full-time officers or employees of the United States shall
receive no additional pay by reason of their service on the Council.
(h) SCIENTIFIC ADVISORY SUBCOMMITTEE.-The Council may ap-
point a Scientific Advisory Subcommittee. to be chaired by the
Council member who represents the scientific community. for the
purposes of advising the Council on matters related to the manage-
ment plan. Subcommittee members shall be appointed for their
expertise and need not be members of the Council.
(i) TERMINATION.-The Council and the Scientific Advisory Sub-
committee. if any, shall cease to exist on the date upon which the
management plan is officially adopted by the Secretary. or later at
the discretion of the Secretary. except in no event shall the Council
exist later than 5 years after the date of enactment of this Act.
SEC. 8. SAVINGS PROVISIONS.
(a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.-Nothing
in this Act shall be construed as authorizing or directing the
establishment of protective perimeters or buffer zones around the
Monument or Special Management Area for the purpose of preclud-
ing activities outside the Monument and Special Management Area
boundary which would otherwise be permitted under applicable law.
Nothing in this Act shall be construed as limiting the existing
authority of the Secretary to take actions on Federal lands adjacent
to the Monument and Special Management Area necessary to pro-
tect public health and safety in emergencies. The fact that activities
H. R. 3840-8
or uses outside the Monument and Special Management Area can be
seen, heard, measured, or otherwise perceived within the Monument
and Special Management Area shall not, of themselves, limit, re-
strict, or preclude such activities or uses up to the boundary of the
Monument and the Special Management Area.
(b) CONTRACTS.-Nothing in this Act shall limit, restrict, or pre-
clude the implementation of valid timber sale contracts or other
contracts or agreements executed by the Secretary or the Secretary
of the Interior prior to the date of enactment of this Act.
(c) ADMINISTRATION OF GEOTHERMAL STEAM ACT OF 1970.-Except
as specifically provided in sections 3 and 4. nothing in this Act shall
be construed to affect the authority of the Secretary of the Interior
to administer the Geothermal Steam Act of 1970 630 U.S.C. 1001 et
seq.).
SEC. 9. DEFINITIONS.
As used in this Act:
(1) the term "allowable sale quantity" has the same meaning
as such term has in section 13 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1611).
(2) The term "Council" means the Newberry National Vol-
canic Monument Advisory Council established by section 7.
(3) The term "Management Plan" means the plan developed
under section 6.
(4) The term "Monument" means the Newberry National
Volcanic Monument established by section 1.
(i) The term "Newberry Caldera Known Geothermal Re-
source Area" refers to the area established by the United States
Geological Survey in 1974 and identified on the map referred to
in section 3(a).
(6) The term "Special Management Area" means the
Newberry Special Management Area established by section 1.
(7) The term "Secretary" means the Secretary of Agriculture.
(8) The term "Surface Resource Analysis of Newberry Vol-
cano" means the document dated September 1990. prepared by
the Forest Service and the Bureau of Land Management, and
available for public inspection in the Office of the Chief. United
States Forest Service. United States Department of Agriculture,
Washington. District of Columbia.
(9) The terms "Transferal Area", "Transferal Corridor" and
"Transferal Area Adjacent" mean the areas established by
section 1.
H.R. 3840-9
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Thomas Speaker of the House of Representatives. S. Joly
Vice President the United States and
Acting President of the Senate, pro tempore
PRESE in PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
NOV -2 PM 43
THE DIRECTOR
November 2, 1990
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 3840 - Newberry National Volcanic
Monument
Sponsors - Rep. Smith (R) Oregon and two others
Last Day for Action
November 10, 1990 - Saturday
Purpose
Establishes the Newberry National Volcanic Monument, in the
State of Oregon, as a component of the National Forest System.
Agency Recommendations
Office of Management and Budget
Approval
Department of Agriculture
Approval
Department of Justice
No objection
(Informally)
Department of Energy
No objection
(Informally)
Environmental Protection Agency
No objection
(Informally)
Department of the Interior
Defers to Agriculture
(Informally)
Council on Environmental Quality
No comment (Informally)
General Services Administration
No comment (Informally)
Discussion
H.R. 3840 would establish the 56,000-acre Newberry National
Volcanic Monument as a part of the Deschutes National Forest in
Oregon. The bill would specify the boundaries of the monument
and provide for minor boundary changes under certain
circumstances.
Subject to valid existing rights, Federal lands within the
monument boundaries would be withdrawn from use or disposal under
the public land, mining, and geothermal leasing laws. The
Secretary of Agriculture would be required to administer the
monument in accordance with the laws, rules, and regulations
pertaining to the National Forest System and other specified
management requirements.
Approximately 10,200 acres of land within the monument
boundary are currently leased for geothermal exploration. The
enrolled bill would cancel these leases and any existing leases
on a 300-acre plot of land (the Transferal Corridor) that bisects
the monument. The Secretary of the Interior would be directed to
issue comparable leases on other lands as full compensation for
the canceled leases.
The enrolled bill would also provide for the management of
designated areas outside the monument's boundaries that have the
potential for geothermal energy development. Existing Federal
geothermal leases on an adjacent 4,000-acre area (the Transferal
Area) would be preserved. The Secretary of the Interior would be
required to conduct geothermal lease sales on a designated 6,000-
acre adjacent area (the Newberry Special Management Area and
Transferal Area Adjacent) within one year after the date of
enactment of this Act. Any leases issued would be subject to
certain conditions.
Within three fiscal years after the date of enactment of
this Act, the Secretary of Agriculture would be required to
develop a management plan for the monument and the designated
areas. The plan would be incorporated into the Deschutes
National Forest Land and Resources Management Plan.
The enrolled bill would also establish a Newberry National
Volcanic Monument Advisory Council to advise the Secretary on the
preparation of the management plan. Except for two Federal
members, the 11-member council would be appointed by the
Secretary from individuals representing specified environmental,
scientific, and commercial interests. The council would
terminate on the date that the plan is officially adopted by the
Secretary. However, at the Secretary's discretion, its term
could be extended for up to five years after the date of
enactment of this Act.
Finally, H.R. 3840 would specify that nothing in this Act is
to be construed as requiring the establishment of buffer zones
around the monument or the adjacent designated areas. Nor would
this Act abrogate any existing timber sales or other contracts or
agreements executed prior to the date of enactment. H.R. 3840
would authorize the appropriation of such sums as may be
necessary to carry out this Act.
-2-
Conclusion and Recommendations
In its enrolled bill views letter, the Department of
Agriculture advises that H.R. 3840 would provide the Secretaries
of Agriculture and the Interior with "appropriate
authorities to administer the unique and important
resources found on, adjacent to, and under the proposed
Monument." The Department concludes that "approval of the bill
would complete the process of resolving many long-standing
controversies regarding geothermal development in the Newberry
Volcanoes area."
We join Agriculture in recommending approval of enrolled
bill H.R. 3840, which passed both Houses of Congress by voice
vote.
Name Dam
Richard G. Darman
Director
Enclosures
-3-
Document No. 1880365
WHITE HOUSE STAFFING MEMORANDUM
DATE:
11/2/90
ACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90
ENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE OK
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
CLERK
DEMAREST
FITZWATER
GRAY
HAGIN
HOLIDAY No Comment
REMARKS:
Please provide your comments/recommendations directly to my
office by close of business Monday, November 5. Thank you.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
5. JE088\
L
"
1/11/11 "
7
111
UNITED DEPARTMENT OF
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20250
October
1990
The Honorable Richard G. Darman
Director, Office of Management
and Budget
Washington D.C. 20503
Dear Mr. Darman:
As requested by your office, here are our views on the enrolled bill,
H.R. 3840, an act "To establish the Newberry Volcanoes National Monument in the
State of Oregon, and for other purposes."
The Department of Agriculture recommends that the President approve the
enrolled bill.
H.R. 3840 would establish the Newberry National Volcanic Monument in the State
of Oregon to be administered by the Secretary of Agriculture. Although the
title of the bill refers to the "Newberry Volcanoes National Monument," the
actual designation in section 1 refers to the "Newberry National Volcanic
Monument."
The Monument would be administered in accordance with certain management
requirements related to vegetation, recreation, roads, research, disease,
insect infestation, and fire hazard. Holders of existing Federal geothermal
leases within the Monument would be authorized to relinquish such leases, and,
in lieu thereof and in full compensation for such relinquishment, would be
issued leases of like value outside the Monument. Also, within 1 year of
enactment, the Secretary of the Interior would be required to offer for lease
certain lands, as depicted on a map referenced in the bill. Furthermore, the
Secretary would be required to develop a management plan for the Monument, in
consultation with an advisory council that would be established.
At a hearing conducted by the Subcommittee on National Parks and Public Lands
of the Committee on Interior and Insular Affairs, we testified that "We
enthusiastically support the enactment of H.R. 3840, if amended.
"
Subsequently, the bill was amended to address all of our concerns.
We believe that H.R. 3840, as enrolled, would provide appropriate authorities
to the Secretary of Agriculture and the Secretary of the Interior to administer
the unique and important resources found on, adjacent to, and under the
proposed Monument. Furthermore, approval of the bill would complete the
process of resolving many long-standing controversies regarding geothermal
development in the Newberry Volcanoes area.
Sincerely,
Jary Clay Yeutter
Secretary
RECEIVED
90 OCT 26 P4: 19
H.R. 3840
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day of January,
one thousand nine hundred and ninety
An Act
To establish the Newberry National Volcanic Monument in the State of Oregon, 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. ESTABLISHMENT.
(a) IN GENERAL-There is hereby established the Newberry Na-
tional Volcanic Monument in the State of Oregon as a component of
the National Forest System in order to preserve and protect for
present and future generations its remarkable geologic landforms
and for the purposes of providing for the conservation, protection,
interpretation, and enhancement of its ecological, botanical, sci-
entific, scenic, recreational, cultural, and fish and wildlife resources.
(b) AREA INCLUDED.-(1) The Monument shall comprise those
lands generally depicted on the map entitled "Newberry National
Volcanic Monument" and dated September 1990, which shall be on
file and available for public inspection in the Office of the Chief,
Forest Service, Department of Agriculture, Washington, District of
Columbia.
(2) The Newberry Special Management Area, the Transferal Area,
the Transferal Area Adjacent, and the Transferal Corridor shall
comprise those lands generally depicted as such on the map re-
ferred to in paragraph (1).
(3) The Secretary may, by publication of a notice of availability of
a revised map and after public comment. make corrections or minor
changes to the boundary of the Monument or Special Management
Area if such changes are-
(A) necessary to facilitate management of the Monument,
Special Management Area and the immediately surrounding
area,
(B) consistent with the purposes of this Act, and
(C) noncontroversial.
Any proposed boundary change shall be made pursuant to the
National Environmental Policy Act of 1969.
SEC. 2. ADMINISTRATION.
(a) IN GENERAL-Subject to valid existing rights, the Secretary
shall administer the Monument and Special Management Area in
accordance with the laws, rules, and regulations pertaining to the
National Forest System and this Act as part of the Deschutes
National Forest.
(b) TRANSFERAL AREA.-(1) Upon termination, cancellation, or
relinquishment of all Federal geothermal leases (numbered OR-
12008, OR-11612, and OR-11613), the lands and mineral rights
encompassed by such leases, and other Federal land identified as the
Transferal Area on the map referred to in section 1(b)(1), shall
become part of the Monument and shall be administered under this
Act.
H. R. 3840-2
(2) The Transferal Corridor is a part of the Transferal Area and
shall be managed as such, except as otherwise provided in section 4.
(3) Prior to the termination, cancellation, or relinquishment of
such geothermal leases, the Secretary of the Interior and the Sec-
retary of Agriculture shall, to the extent practicable and consistent
with the Geothermal Steam Act of 1970 and rights under such
leases, manage the Transferal Area under the laws, rules, and
regulations pertaining to the National Forest System in such a
manner so as to preserve the natural values of the area which would
qualify it for designation as a national monument.
(4) Upon discovery of commercial quantities of geothermal re-
sources, paragraphs (1), (2), and (3) shall no longer apply.
(c) NEWBERRY SPECIAL MANAGEMENT AREA.-The area identified
on the map referred to in section 1(b)(1) as the Newberry Special
Management Area shall be managed as if it were part of the
Monument, except as otherwise provided in section 4.
(d) TRANSFERAL AREA ADJACENT.-The area identified on the map
referred to in section 1(b)(1) as the Transferal Area Adjacent is a
part of the Special Management Area, except as otherwise provided
in section 4.
(e) MANAGEMENT REQUIREMENTS.-The Monument and Special
Management Area shall be administered in accordance with the
following management requirements:
(1) Land management activities shall allow natural ecological
succession of vegetation to continue to the maximum extent
practical, as determined by the Secretary. Timber removal shall
be permitted only to the extent the Secretary determines nec-
essary to achieve the purposes of this Act and to protect health
and safety. Timber within the Monument and Special Manage-
ment Area shall not be considered part of the allowable sale
quantity for the Deschutes National Forest.
(2) Recreation uses and interpretive facilities shall be pro-
vided. including (but not limited to) trails, campgrounds, re-
sorts, and visitor centers, as identified in the management plan.
(3) Roads shall be permitted in the Monument and Special
Management Area consistent with the purposes of this Act and
in accordance with the management plan.
(f) SCIENTIFIC RESEARCH.-Scientific research shall be allowed
consistent with the purposes for which the Monument was
established.
(g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.-The Sec-
retary is authorized to take action to the extent practicable to
ensure that tree diseases, insect infestations, fire hazards, and fires
within the Monument and Special Management Area do not seri-
ously threaten resources outside the Monument and Special
Management Area boundaries.
SEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.
(a) IN GENERAL-Those holders of all Federal geothermal leases
within the Monument as of the date of enactment of this Act and
who are listed in subsection (c) of this section are authorized,
without penalty, to relinquish all rights to such leases on the terms
and conditions provided in this section and section 10 of the Geo-
thermal Steam Act of 1970. Such leases are depicted on the map
entitled "Geothermal Lease Compensation" which is a part of the
Surface Resource Analysis of Newberry Volcano.
H. R. 3840-3
(b) GEOTHERMAL LEASE EXCHANGE.-Upon the acceptance by the
Secretary of the Interior of a lease relinquished pursuant to subsec-
tion (a), the Secretary of the Interior shall immediately issue, in lieu
thereof and in full compensation for such relinquishment, geo-
thermal leases of like value as described in subsection (c). The leases
issued in lieu of relinquished leases shall contain the terms and
conditions prescribed in the Surface Resource Analysis of Newberry
Volcano and the Land and Resource Management Plan for the
Deschutes National Forest. dated August 1990. Consistent with such
terms and conditions, such in-lieu leases shall be administered
under the Geothermal Steam Act of 1970.
(c) DESCRIPTIONS.-(1) The parties (including their successors, or
assignees), and lands referred to in subsection (a), are those specified
on the map referred to in subsection (a).
(2) The leases to be issued pursuant to subsection (b) and the
interests in lands subject to such leases are as follows:
(A) Within the Newberry Caldera Known Geothermal Re-
source Area, lease area 1, leases shall be issued with an undi-
vided fractional interest distributed as follows:
(i) 62.37 percent to California Energy Co., Inc.
(ii) 35.09 percent to Christian F. Murer.
(iii) 2.54 percent to Delta Funds, Inc.
(B) Within the Newberry Caldera Known Geothermal Re-
source Area, lease area 2, leases shall be issued with an undi-
vided fractional interest distributed as follows:
0.84 percent to L.H. Armour, Jr.
5.49 percent to Frances B. Bunn.
1.73 percent to Robert B. Bunn.
8.52 percent to Geo-Newberry Crater. Inc.
15.10 percent to Hawthorn Oil Co.
3.42 percent to Terry Allen Kramer.
64.90 percent to George W. Waters.
(C) Outside the Newberry Caldera Known Geothermal Re-
source Area. leases shall be issued for the approximate acreage
noted:
(i) Lease Area 3-Robert B. Bunn-1.280.00 acres.
(ii) Lease Area 1-Frances B. Bunn-1.240.00 acres.
(iii) Lease Area 5-Geo-Newberry Crater. Inc.-2,928
acres.
(d) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THE GEOTHERMAL STEAM AcT.-Following the expiration,
relinquishment, or termination of any geothermal lease issued for
lands identified in subsection (c), except for lands situated within
the Special Management Area, such lands may be offered for lease
under the Geothermal Steam Act of 1970.
(e) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THIS AcT.-Following expiration. relinquishment, or termi-
nation of a geothermal lease on lands identified in subsection (c).
within the Special Management Area, lands shall be offered for
lease as provided in section 4(a)(5) of this Act.
(f) NONAPPLICABLE PROVISIONS.-The provisions of subsection (g) of
section 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and
(g)) shall not apply to any geothermal lease within the Monument
existing on the date of enactment of this Act.
SEC. 1. SUBSURFACE RIGHTS.
(a) WITHDRAWAL.-
H. R. 3840-4
(1) MONUMENT.-Subject to valid existing rights, Federal
lands within the Monument are hereby withdrawn from all
forms of entry, appropriation, or disposal under the public land
laws. from location, entry, or patent under the mining laws, and
from disposition under all mineral and geothermal leasing laws.
(2) TRANSFERAL AREA.-Subject to valid existing rights, Fed-
eral lands within the Transferal Area are hereby withdrawn
from all forms of entry, appropriation, or disposal under the
public land laws, from location, entry, or patent under the
mining laws, and from disposition under all mineral and geo-
thermal leasing laws. Upon completion of a well capable of
producing geothermal steam in commercial quantities, as de-
fined in section 6(d) of the Geothermal Steam Act of 1970 (30
U.S.C. 1005(d)) on valid existing leases within the Transferal
Area, as determined by the Secretary of the Interior, the with-
drawal made by this subsection shall be revoked. and such lands
shall be restored to the operation of the public land laws,
mining laws, and mineral and geothermal leasing laws.
(3) TRANSFERAL CORRIDOR.-Subject to valid existing rights,
Federal lands within the Transferal Corridor are hereby with-
drawn from all forms of entry, appropriation, or disposal under
the public land laws, from location, entry or patent under the
mining laws, and from disposition under all mineral and geo-
thermal leasing laws.
(4) TRANSFERAL AREA ADJACENT.-Subject to valid existing
rights, Federal lands within the Transferal Area Adjacent are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location. entry. or
patent under the mining laws, and from disposition under all
mineral leasing laws except the Geothermal Steam Act of 1970.
Upon completion of a well capable of producing geothermal
steam in commercial quantities, as defined in section 6(d) of the
Geothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the
Transferal Area, as determined by the Secretary of the Interior,
this area will be managed as part of the Special Management
Area and be governed by provisions in section 4(a)(5). Geo-
thermal leases issued in this area shall contain stipulations that
prohibit surface occupancy and no plans of operation will be
approved by the Secretary until commercial quantities of geo-
thermal resources are found within the Transferal Area.
(5) SPECIAL MANAGEMENT AREA.-Subject to valid existing
rights, Federal lands within the Special Management Area are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location, entry, or
patent under the mining laws, and under all mineral leasing
laws except the Geothermal Steam Act of 1970. Geothermal
leases issued in this area shall contain stipulations that prohibit
surface occupancy and shall require that the Special Manage-
ment Area be entered only by directional drilling from outside
the Special Management Area boundaries. In the event that no
commercial quantities of geothermal resources are developed
under leases within 30 years after the date of enactment of this
Act, the Secretary of the Interior is authorized and directed to
withdraw such areas in perpetuity from all further leasing
under the Geothermal Steam Act of 1970. Upon such with-
drawal. the Special Management Area designations shall termi-
nate and such areas shall become part of the Monument. All or
H. 3840-5
portions of the Special Management Area may be withdrawn
from the Geothermal Steam Act of 1970 and made a part of the
Monument earlier at the joint discretion of the Secretaries of
Interior and Agriculture. This provision shall in no way restrict
the Secretary's authority to acquire by purchase, donation or
exchange any lease within the Special Management Area prior
to the expiration of the term of years set forth in this
paragraph.
(b) GEOTHERMAL LEASE SALES.-(1) Within one year after the date
of the enactment of this Act. pursuant to the Geothermal Steam Act
of 1970, the Secretary of the Interior shall offer for lease by competi-
tive bid the lands depicted on the map entitled "Geothermal Lease
Sale Parcels," which is part of the Surface Resource Analysis of
Newberry Volcano, with stipulations as provided therein.
(2) Any of the lands described in paragraph (1) of this subsection
which are not leased as a result of the first competitive bid offering,
or any of the initial leases which are relinquished, terminated, or
otherwise canceled, may be reoffered by the Secretary of the In-
terior for lease by competitive bid under the Geothermal Steam Act
of 1970, except that all lands within the Special Management Area
shall be subject to the leasing provisions of subsection (a)(5) of this
Act.
(c) AUTHORITY FOR PLANS OF OPERATION.-The Secretary of Agri-
culture shall regulate all surface disturbing activities conducted
pursuant to any lease issued under this section and section 3 and
shall determine reclamation and all other actions as required in the
interest of conservation of these resources. No permit to drill on a
geothermal lease for areas covered under this Act may be granted
without the analysis and approval by the Secretary of Agriculture of
a plan of operations covering proposed surface disturbing activities
within the lease area. In making such determination. the Secretary
shall consider the effects of the proposed operations on the values
for which the Monument and Special Management Area were
established.
SEC. 5. FISH AND WILDLIFE
Nothing in this Act shall be construed to affect the jurisdiction or
responsibilities of the State of Oregon with respect to fish and
wildlife, including the regulation of hunting, fishing, and trapping,
except that the Secretary may designate zones where, and establish
periods when, no hunting, fishing, or trapping shall be permitted for
reasons of public safety, administration, or public use and enjoy-
ment. Except in emergencies, any regulations of the Secretary
pursuant to this section shall be put into effect only after consulta-
tion with the Department of Fish and Wildlife of the State of Oregon
or its successor agency.
SEC. 6. MANAGEMENT PLAN.
(a) IN GENERAL.-(1) Within three fiscal years beginning after the
date of enactment of this Act, the Secretary shall develop a manage-
ment plan which shall address the lands established in section 1.
The management plan shall be developed in consultation with the
Council (established by section 7), interested Federal, State, and
local government agencies, and the public.
(2) The management plan shall be periodically updated, amended,
or revised as necessary and, at the discretion of the Secretary, such
undates amendments or revisions may be done senarately or in
H. R. 3840-6
conjunction with land management planning for other adjacent
areas of the Deschutes National Forest.
(3) No actions taken under the authority of this Act shall require
the reconsideration, amendment, or revision of the Deschutes Na-
tional Forest Land and Resource Management Plan prepared pursu-
ant to section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604). The management plan re-
quired by paragraph (1) shall be incorporated into the Deschutes
National Forest Land and Resource Management Plan upon the
regular revision of the the Deschutes National Forest Land and
Resource Management Plan.
(b) ISSUES TO BE ADDRESSED BY MANAGEMENT PLAN.-Consistent
with the purposes for which the Monument and Special Manage-
ment Area were established, the Management Plan shall address at
least the following management issues:
(1) Recreation, including consideration of a full range of
existing and appropriate new facilities and programs for recre-
ation during all seasons of the year.
(2) Vegetation, including consideration of a full range of
management options, and a program to reestablish old growth
ponderosa pine ecosvstems.
(3) Roads and facilities, including-
(A) consideration of the general location, design, construc-
tion. and maintenance criteria:
(B) standards for motorized vehicle use:
(C) traffic management; and
(D) criteria for the closing and obliteration of roads.
(4) Fire and fuel management prescriptions. including consid-
eration of a full range of management options for fuel hazard
reduction and prescribed fire and fire control strategies to
minimize the risk of catastrophic wildfire and to meet other
resource objectives.
(5) Wildlife management, including general prescriptions for
wildlife habitat improvements.
(6) Research. including identification and prioritization of
research opportunities.
(7) Monitoring. including monitoring needs for air, water,
wildlife, soil, and other resources. The Secretary, in cooperation
with the Secretary of the Interior, shall maintain a research
and monitoring program for geothermal resources for the pur-
pose of identifying and assessing the impact that present and
proposed geothermal development in the vicinity of the Monu-
ment and Special Management Area may have on the values for
which such Monument and Special Management Area were
established.
(8) Conflicts, including consideration of potential conflicts
among uses and resources.
SEC. 7. ADVISORY COUNCIL.
(a) ESTABLISHMENT-There is hereby established the Newberry
National Volcanic Monument Advisory Council for the purpose of
advising the Secretary on the preparation of the initial management
plan required by section 6(a) and on other matters at the Secretary's
request.
(b) MEMBERSHIP.-The Council shall be composed of 11 members
appointed by the Secretary. as follows:
(1) One member who represents the scientific community.
H.R. 3840-7
(2) One member who represents organized recreational in-
terests.
(3) One member who represents organized timber industry
interests.
(1) One member who represents organized geothermal indus-
try interests.
(5) One member who represents organized tourism interests.
(6) One member of the Deschutes County Board of Commis-
sioners.
(7) One member who represents organized environmental
interests.
(8) One member who represents organized wildlife and fish
interests.
(9) One at-large member from nominations submitted to the
Secretary hy the Governor of Oregon.
(10) The Forest Supervisor, Deschutes National Forest. and
the District Manager, Prineville District. Bureau of Land
Management, who shall serve as nonvoting, ex officio members.
(c) VACANCY.-A vacancy on the Council shall be filled in the
same manner as the original appointment.
(d) QUORUM.-A quorum shall be 6 appointed members of the
Council. The operations of the Council shall not be impaired by the
fact that a member has not been appointed as long as a quorum has
been attained.
(e) CHAIRPERSON AND PROCEDURES.-The Council shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(f) CONSULTATION.-The Secretary shall consult with the Council
on a periodic and regular basis with respect to the management
plan.
(g) PAY.-Members of the Council who are not full-time officers or
employees of the United States shall serve without pay. Members
who are full-time officers or employees of the United States shall
receive no additional pay by reason of their service on the Council.
(h) SCIENTIFIC ADVISORY SUBCOMMITTEE.-The Council may ap-
point a Scientific Advisory Subcommittee. to be chaired by the
Council member who represents the scientific community, for the
purposes of advising the Council on matters related to the manage-
ment plan. Subcommittee members shall be appointed for their
expertise and need not be members of the Council.
(i) TERMINATION.-The Council and the Scientific Advisory Sub-
committee. if any, shall cease to exist on the date upon which the
management plan is officially adopted by the Secretary, or later at
the discretion of the Secretary. except in no event shall the Council
exist later than 5 years after the date of enactment of this Act.
SEC. 8. SAVINGS PROVISIONS.
(a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.-Nothing
in this Act shall be construed as authorizing or directing the
establishment of protective perimeters or buffer zones around the
Monument or Special Management Area for the purpose of preclud-
ing activities outside the Monument and Special Management Area
boundary which would otherwise be permitted under applicable law.
Nothing in this Act shall be construed as limiting the existing
authority of the Secretary to take actions on Federal lands adjacent
to the Monument and Special Management Area necessary to pro-
tect public health and safety in emergencies. The fact that activities
H. 3840-8
or uses outside the Monument and Special Management Area can be
seen, heard, measured, or otherwise perceived within the Monument
and Special Management Area shall not, of themselves, limit, re-
strict, or preclude such activities or uses up to the boundary of the
Monument and the Special Management Area.
(b) CONTRACTS.-Nothing in this Act shall limit, restrict, or pre-
clude the implementation of valid timber sale contracts or other
contracts or agreements executed by the Secretary or the Secretary
of the Interior prior to the date of enactment of this Act.
(c) ADMINISTRATION OF GEOTHERMAL STEAM ACT OF 1970.-Except
as specifically provided in sections 3 and 4. nothing in this Act shall
be construed to affect the authority of the Secretary of the Interior
to administer the Geothermal Steam Act of 1970 630 U.S.C. 1001 et
seq.¹.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) the term "allowable sale quantity" has the same meaning
as such term has in section 13 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1611).
(2) The term "Council" means the Newberry National Vol-
canic Monument Advisory Council established by section 7.
(3) The term "Management Plan" means the plan developed
under section 6.
(4) The term "Monument" means the Newberry National
Volcanic Monument established by section 1.
(5) The term "Newberry Caldera Known Geothermal Re-
source Area" refers to the area established by the United States
Geological Survey in 1974 and identified on the map referred to
in section 3(a).
(6) The term "Special Management Area" means the
Newberry Special Management Area established by section 1.
(7) The term "Secretary" means the Secretary of Agriculture.
(8) The term "Surface Resource Analysis of Newberry Vol-
cano" means the document dated September 1990. prepared by
the Forest Service and the Bureau of Land Management, and
available for public inspection in the Office of the Chief. United
States Forest Service, United States Department of Agriculture,
Washington, District of Columbia.
(9) The terms "Transferal Area", "Transferal Corridor" and
"Transferal Area Adjacent" mean the areas established by
section 1.
H.R. 3840-9
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Thomas Speaker of the House of Representatives. S. Joly
Vice President the United States and
Acting President of the Senate, pro tempore
Document
No. 18803655
WHITE HOUSE STAFFING MEMORANDUM
DATE:
11/2/90
ACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90
ENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
CLERK
DEMAREST
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide your comments/recommendations directly to my
office by close of business Monday, November 5. Thank you.
RESPONSE:
No comment.
HW
Holly Williamson
11/2/90
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
22280881
Document No. 18803655
WHITE HOUSE STAFFING MEMORANDUM
90NOV 90 NOV -5 AM10:47
DATE:
11/2/90
ACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90
ENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
CLERK
DEMAREST
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide your comments/recommendations directly to my
office by close of business Monday, November 5. Thank you.
RESPONSE:
no comment
11/2
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
Document No. 18803655
WHITE HOUSE 90NOV STAFFING PH MEMORANDUM
DATE:
11/2/90
ACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90
ENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
CLERK
DEMAREST
FITZWATER
GRAY
HAGIN
HOLIDAY
REMARKS:
Please provide your comments/recommendations directly to my
office by close of business Monday, November 5. Thank you.
RESPONSE:
SNN
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
222E0881
10
STATE PRESIDENT = STATE
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
90 NOV -2 PM 1:43
THE DIRECTOR
November 2, 1990
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 3840 - Newberry National Volcanic
Monument
Sponsors - Rep. Smith (R) Oregon and two others
Last Day for Action
November 10, 1990 - Saturday
Purpose
Establishes the Newberry National Volcanic Monument, in the
State of Oregon, as a component of the National Forest System.
Agency Recommendations
Office of Management and Budget
Approval
Department of Agriculture
Approval
Department of Justice
No objection
(Informally)
Department of Energy
No objection
(Informally)
Environmental Protection Agency
No objection
(Informally)
Department of the Interior
Defers to Agriculture
(Informally)
Council on Environmental Quality
No comment (Informally)
General Services Administration
No comment (Informally)
Discussion
H.R. 3840 would establish the 56,000-acre Newberry National
Volcanic Monument as a part of the Deschutes National Forest in
Oregon. The bill would specify the boundaries of the monument
and provide for minor boundary changes under certain
circumstances.
Subject to valid existing rights, Federal lands within the
monument boundaries would be withdrawn from use or disposal under
the public land, mining, and geothermal leasing laws. The
Secretary of Agriculture would be required to administer the
monument in accordance with the laws, rules, and regulations
pertaining to the National Forest System and other specified
management requirements.
Approximately 10,200 acres of land within the monument
boundary are currently leased for geothermal exploration. The
enrolled bill would cancel these leases and any existing leases
on a 300-acre plot of land (the Transferal Corridor) that bisects
the monument. The Secretary of the Interior would be directed to
issue comparable leases on other lands as full compensation for
the canceled leases.
The enrolled bill would also provide for the management of
designated areas outside the monument's boundaries that have the
potential for geothermal energy development. Existing Federal
geothermal leases on an adjacent 4,000-acre area (the Transferal
Area) would be preserved. The Secretary of the Interior would be
required to conduct geothermal lease sales on a designated 6,000-
acre adjacent area (the Newberry Special Management Area and
Transferal Area Adjacent) within one year after the date of
enactment of this Act. Any leases issued would be subject to
certain conditions.
Within three fiscal years after the date of enactment of
this Act, the Secretary of Agriculture would be required to
develop a management plan for the monument and the designated
areas. The plan would be incorporated into the Deschutes
National Forest Land and Resources Management Plan.
The enrolled bill would also establish a Newberry National
Volcanic Monument Advisory Council to advise the Secretary on the
preparation of the management plan. Except for two Federal
members, the 11-member council would be appointed by the
Secretary from individuals representing specified environmental,
scientific, and commercial interests. The council would
terminate on the date that the plan is officially adopted by the
Secretary. However, at the Secretary's discretion, its term
could be extended for up to five years after the date of
enactment of this Act.
Finally, H.R. 3840 would specify that nothing in this Act is
to be construed as requiring the establishment of buffer zones
around the monument or the adjacent designated areas. Nor would
this Act abrogate any existing timber sales or other contracts or
agreements executed prior to the date of enactment. H.R. 3840
would authorize the appropriation of such sums as may be
necessary to carry out this Act.
-2-
Conclusion and Recommendations
In its enrolled bill views letter, the Department of
Agriculture advises that H.R. 3840 would provide the Secretaries
of Agriculture and the Interior with "appropriate
authorities to administer the unique and important
resources found on, adjacent to, and under the proposed
Monument." The Department concludes that "approval of the bill
would complete the process of resolving many long-standing
controversies regarding geothermal development in the Newberry
Volcanoes area."
We join Agriculture in recommending approval of enrolled
bill H.R. 3840, which passed both Houses of Congress by voice
vote.
Name Jam
Richard G. Darman
Director
Enclosures
-3-
ONITED STATES DEPARTMENT OF AFFICIATIONS
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20250
October 3 6 1990
The Honorable Richard G. Darman
Director, Office of Management
and Budget
Washington D.C. 20503
Dear Mr. Darman:
As requested by your office, here are our views on the enrolled bill,
H.R. 3840, an act "To establish the Newberry Volcanoes National Monument in the
State of Oregon, and for other purposes."
The Department of Agriculture recommends that the President approve the
enrolled bill.
H.R. 3840 would establish the Newberry National Volcanic Monument in the State
of Oregon to be administered by the Secretary of Agriculture. Although the
title of the bill refers to the "Newberry Volcanoes National Monument, the
actual designation in section 1 refers to the "Newberry National Volcanic
Monument."
The Monument would be administered in accordance with certain management
requirements related to vegetation, recreation, roads, research, disease,
insect infestation, and fire hazard. Holders of existing Federal geothermal
leases within the Monument would be authorized to relinquish such leases, and,
in lieu thereof and in full compensation for such relinquishment, would be
issued leases of like value outside the Monument. Also, within 1 year of
enactment, the Secretary of the Interior would be required to offer for lease
certain lands, as depicted on a map referenced in the bill. Furthermore, the
Secretary would be required to develop a management plan for the Monument, in
consultation with an advisory council that would be established.
At a hearing conducted by the Subcommittee on National Parks and Public Lands
of the Committee on Interior and Insular Affairs, we testified that "We
enthusiastically support the enactment of H.R. 3840, if amended. .
"
Subsequently, the bill was amended to address all of our concerns.
We believe that H.R. 3840, as enrolled, would provide appropriate authorities
to the Secretary of Agriculture and the Secretary of the Interior to administer
the unique and important resources found on, adjacent to, and under the
proposed Monument. Furthermore, approval of the bill would complete the
process of resolving many long-standing controversies regarding geothermal
development in the Newberry Volcanoes area.
Sincerely,
for
Janey Clayton Yeutter
Secretary
R. 3840
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day of January,
one thousand nine hundred and ninety
An Act
To establish the Newberry National Volcanic Monument in the State of Oregon, 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. ESTABLISHMENT.
(a) IN GENERAL-There is hereby established the Newberry Na-
tional Volcanic Monument in the State of Oregon as a component of
the National Forest System in order to preserve and protect for
present and future generations its remarkable geologic landforms
and for the purposes of providing for the conservation, protection,
interpretation. and enhancement of its ecological, botanical, sci-
entific, scenic, recreational, cultural, and fish and wildlife resources.
(b) AREA INCLUDED.-(1) The Monument shall comprise those
lands generally depicted on the map entitled "Newberry National
Volcanic Monument" and dated September 1990, which shall be on
file and available for public inspection in the Office of the Chief,
Forest Service, Department of Agriculture, Washington, District of
Columbia.
(2) The Newberry Special Management Area, the Transferal Area,
the Transferal Area Adjacent, and the Transferal Corridor shall
comprise those lands generally depicted as such on the map re-
ferred to in paragraph (1).
(3) The Secretary may, by publication of a notice of availability of
a revised map and after public comment. make corrections or minor
changes to the boundary of the Monument or Special Management
Area if such changes are-
(A) necessary to facilitate management of the Monument,
Special Management Area and the immediately surrounding
area,
(B) consistent with the purposes of this Act, and
(C) noncontroversial.
Any proposed boundary change shall be made pursuant to the
National Environmental Policy Act of 1969.
SEC. 2. ADMINISTRATION.
(a) IN GENERAL.-Subject to valid existing rights, the Secretary
shall administer the Monument and Special Management Area in
accordance with the laws, rules, and regulations pertaining to the
National Forest System and this Act as part of the Deschutes
National Forest.
(b) TRANSFERAL AREA.-(1) Upon termination, cancellation, or
relinquishment of all Federal geothermal leases (numbered OR-
12008, OR-11612, and OR-11613), the lands and mineral rights
encompassed by such leases, and other Federal land identified as the
Transferal Area on the map referred to in section 1(b)(1), shall
become part of the Monument and shall be administered under this
Act.
H. R. 3840-2
(2) The Transferal Corridor is a part of the Transferal Area and
shall be managed as such, except as otherwise provided in section 4.
(3) Prior to the termination, cancellation, or relinquishment of
such geothermal leases, the Secretary of the Interior and the Sec-
retary of Agriculture shall, to the extent practicable and consistent
with the Geothermal Steam Act of 1970 and rights under such
leases, manage the Transferal Area under the laws, rules, and
regulations pertaining to the National Forest System in such a
manner SO as to preserve the natural values of the area which would
qualify it for designation as a national monument.
(4) Upon discovery of commercial quantities of geothermal re-
sources, paragraphs (1), (2), and (3) shall no longer apply.
(c) NEWBERRY SPECIAL MANAGEMENT AREA.-The area identified
on the map referred to in section 1(b)(1) as the Newberry Special
Management Area shall be managed as if it were part of the
Monument, except as otherwise provided in section 4.
(d) TRANSFERAL AREA ADJACENT.-The area identified on the map
referred to in section 1(b)(1) as the Transferal Area Adjacent is a
part of the Special Management Area, except as otherwise provided
in section 4.
(e) MANAGEMENT REQUIREMENTS.-The Monument and Special
Management Area shall be administered in accordance with the
following management requirements:
(1) Land management activities shall allow natural ecological
succession of vegetation to continue to the maximum extent
practical. as determined by the Secretary. Timber removal shall
be permitted only to the extent the Secretary determines nec-
essary to achieve the purposes of this Act and to protect health
and safety. Timber within the Monument and Special Manage-
ment Area shall not be considered part of the allowable sale
quantity for the Deschutes National Forest.
(2) Recreation uses and interpretive facilities shall be pro-
vided. including (but not limited to) trails, campgrounds, re-
sorts, and visitor centers, as identified in the management plan.
(3) Roads shall be permitted in the Monument and Special
Management Area consistent with the purposes of this Act and
in accordance with the management plan.
(f) SCIENTIFIC RESEARCH-Scientific research shall be allowed
consistent with the purposes for which the Monument was
established.
(g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.-The Sec-
retary is authorized to take action to the extent practicable to
ensure that tree diseases, insect infestations, fire hazards, and fires
within the Monument and Special Management Area do not seri-
ously threaten resources outside the Monument and Special
Management Area boundaries.
SEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.
(a) IN GENERAL-Those holders of all Federal geothermal leases
within the Monument as of the date of enactment of this Act and
who are listed in subsection (c) of this section are authorized,
without penalty, to relinquish all rights to such leases on the terms
and conditions provided in this section and section 10 of the Geo-
thermal Steam Act of 1970. Such leases are depicted on the map
entitled "Geothermal Lease Compensation" which is a part of the
Surface Resource Analysis of Newberry Volcano.
H.R. 3840-3
(b) GEOTHERMAL LEASE EXCHANGE.-Upon the acceptance by the
Secretary of the Interior of a lease relinquished pursuant to subsec-
tion (a), the Secretary of the Interior shall immediately issue. in lieu
thereof and in full compensation for such relinquishment, geo-
thermal leases of like value as described in subsection (c). The leases
issued in lieu of relinquished leases shall contain the terms and
conditions prescribed in the Surface Resource Analysis of Newberry
Volcano and the Land and Resource Management Plan for the
Deschutes National Forest, dated August 1990. Consistent with such
terms and conditions, such in-lieu leases shall be administered
under the Geothermal Steam Act of 1970.
(c) DESCRIPTIONS.-(1) The parties (including their successors, or
assignees), and lands referred to in subsection (a), are those specified
on the map referred to in subsection (a).
(2) The leases to be issued pursuant to subsection (b) and the
interests in lands subject to such leases are as follows:
(A) Within the Newberry Caldera Known Geothermal Re-
source Area, lease area 1, leases shall be issued with an undi-
vided fractional interest distributed as follows:
(i) 62.37 percent to California Energy Co., Inc.
(ii) 35.09 percent to Christian F. Murer.
(iii) 2.54 percent to Delta Funds, Inc.
(B) Within the Newberry Caldera Known Geothermal Re-
source Area, lease area 2, leases shall be issued with an undi-
vided fractional interest distributed as follows:
0.84 percent to L.H. Armour. Jr.
5.49 percent to Frances B. Bunn.
1.73 percent to Robert B. Bunn.
8.52 percent to Geo-Newberry Crater. Inc.
15.10 percent to Hawthorn Oil Co.
3.42 percent to Terry Allen Kramer.
64.90 percent to George W. Waters.
(C) Outside the Newberry Caldera Known Geothermal Re-
source Area. leases shall be issued for the approximate acreage
noted:
(i) Lease Area -Robert B. Bunn-1.280.00 acres.
(ii) Lease Area 4-Frances B. Bunn-1,240.00 acres.
(iii) Lease Area 5-Geo-Newberry Crater. Inc.-2,928
acres.
(d) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THE GEOTHERMAL STEAM AcT.-Following the expiration,
relinquishment, or termination of any geothermal lease issued for
lands identified in subsection (c), except for lands situated within
the Special Management Area, such lands may be offered for lease
under the Geothermal Steam Act of 1970.
(e) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING
UNDER THIS AcT.-Following expiration, relinquishment, or termi-
nation of a geothermal lease on lands identified in subsection (c).
within the Special Management Area, lands shall be offered for
lease as provided in section 4(a)(5) of this Act.
(f) NONAPPLICABLE PROVISIONS.-The provisions of subsection (g) of
section 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and
(g)) shall not apply to any geothermal lease within the Monument
existing on the date of enactment of this Act.
SEC. 1. SUBSURFACE RIGHTS.
(a) WITHDRAWAL-
H. R. 3840-4
(1) MONUMENT.-Subject to valid existing rights, Federal
lands within the Monument are hereby withdrawn from all
forms of entry, appropriation. or disposal under the public land
laws, from location. entry, or patent under the mining laws, and
from disposition under all mineral and geothermal leasing laws.
(2) TRANSFERAL AREA.-Subject to valid existing rights, Fed-
eral lands within the Transferal Area are hereby withdrawn
from all forms of entry, appropriation, or disposal under the
public land laws, from location, entry, or patent under the
mining laws, and from disposition under all mineral and geo-
thermal leasing laws. Upon completion of a well capable of
producing geothermal steam in commercial quantities, as de-
fined in section 6(d) of the Geothermal Steam Act of 1970 (30
U.S.C. 1005(d)) on valid existing leases within the Transferal
Area. as determined by the Secretary of the Interior, the with-
drawal made by this subsection shall be revoked. and such lands
shall be restored to the operation of the public land laws,
mining laws, and mineral and geothermal leasing laws.
(3) TRANSFERAL CORRIDOR.-Subject to valid existing rights,
Federal lands within the Transferal Corridor are hereby with-
drawn from all forms of entry, appropriation, or disposal under
the public land laws, from location, entry or patent under the
mining laws, and from disposition under all mineral and geo-
thermal leasing laws.
(4) TRANSFERAL AREA ADJACENT.-Subject to valid existing
rights, Federal lands within the Transferal Area Adjacent are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location. entry, or
patent under the mining laws, and from disposition under all
mineral leasing laws except the Geothermal Steam Act of 1970.
Upon completion of a well capable of producing geothermal
steam in commercial quantities, as defined in section 6(d) of the
Geothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the
Transferal Area, as determined by the Secretary of the Interior.
this area will be managed as part of the Special Management
Area and be governed by provisions in section 4(a)(5). Geo-
thermal leases issued in this area shall contain stipulations that
prohibit surface occupancy and no plans of operation will be
approved by the Secretary until commercial quantities of geo-
thermal resources are found within the Transferal Area.
(5) SPECIAL MANAGEMENT AREA.-Subject to valid existing
rights, Federal lands within the Special Management Area are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location, entry, or
patent under the mining laws, and under all mineral leasing
laws except the Geothermal Steam Act of 1970. Geothermal
leases issued in this area shall contain stipulations that prohibit
surface occupancy and shall require that the Special Manage-
ment Area be entered only by directional drilling from outside
the Special Management Area boundaries. In the event that no
commercial quantities of geothermal resources are developed
under leases within 30 years after the date of enactment of this
Act, the Secretary of the Interior is authorized and directed to
withdraw such areas in perpetuity from all further leasing
under the Geothermal Steam Act of 1970. Upon such with-
drawal, the Special Management Area designations shall termi-
nate and such areas shall become part of the Monument. All or
H. 3840-5
portions of the Special Management Area may be withdrawn
from the Geothermal Steam Act of 1970 and made a part of the
Monument earlier at the joint discretion of the Secretaries of
Interior and Agriculture. This provision shall in no way restrict
the Secretary's authority to acquire by purchase, donation or
exchange any lease within the Special Management Area prior
to the expiration of the term of years set forth in this
paragraph.
(b) GEOTHERMAL LEASE SALES.-1) Within one year after the date
of the enactment of this Act. pursuant to the Geothermal Steam Act
of 1970, the Secretary of the Interior shall offer for lease by competi-
tive bid the lands depicted on the map entitled "Geothermal Lease
Sale Parcels," which is part of the Surface Resource Analysis of
Newberry Volcano, with stipulations as provided therein.
(2) Any of the lands described in paragraph (1) of this subsection
which are not leased as a result of the first competitive bid offering,
or any of the initial leases which are relinquished, terminated, or
otherwise canceled, may be reoffered by the Secretary of the In-
terior for lease by competitive bid under the Geothermal Steam Act
of 1970, except that all lands within the Special Management Area
shall be subject to the leasing provisions of subsection (a)(5) of this
Act.
(c) AUTHORITY FOR PLANS OF OPERATION.-The Secretary of Agri-
culture shall regulate all surface disturbing activities conducted
pursuant to any lease issued under this section and section 3 and
shall determine reclamation and all other actions as required in the
interest of conservation of these resources. No permit to drill on a
geothermal lease for areas covered under this Act may be granted
without the analysis and approval by the Secretary of Agriculture of
a plan of operations covering proposed surface disturbing activities
within the lease area. In making such determination. the Secretary
shall consider the effects of the proposed operations on the values
for which the Monument and Special Management Area were
established.
SEC. 5. FISH AND WILDLIFE.
Nothing in this Act shall be construed to affect the jurisdiction or
responsibilities of the State of Oregon with respect to fish and
wildlife, including the regulation of hunting, fishing, and trapping,
except that the Secretary may designate zones where, and establish
periods when, no hunting, fishing, or trapping shall be permitted for
reasons of public safety. administration, or public use and enjoy-
ment. Except in emergencies, any regulations of the Secretary
pursuant to this section shall be put into effect only after consulta-
tion with the Department of Fish and Wildlife of the State of Oregon
or its successor agency.
SEC. 6. MANAGEMENT PLAN.
(a) IN GENERAL-(1) Within three fiscal years beginning after the
date of enactment of this Act, the Secretary shall develop a manage-
ment plan which shall address the lands established in section 1.
The management plan shall be developed in consultation with the
Council (established by section 7), interested Federal, State, and
local government agencies, and the public.
(2) The management plan shall be periodically updated, amended,
or revised as necessary and, at the discretion of the Secretary, such
undates
H. R. 3840-6
conjunction with land management planning for other adjacent
areas of the Deschutes National Forest.
(3) No actions taken under the authority of this Act shall require
the reconsideration, amendment, or revision of the Deschutes Na-
tional Forest Land and Resource Management Plan prepared pursu-
ant to section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604). The management plan re-
quired by paragraph (1) shall be incorporated into the Deschutes
National Forest Land and Resource Management Plan upon the
regular revision of the the Deschutes National Forest Land and
Resource Management Plan.
(b) ISSUES TO BE ADDRESSED BY MANAGEMENT PLAN.-Consistent
with the purposes for which the Monument and Special Manage-
ment Area were established, the Management Plan shall address at
least the following management issues:
(1) Recreation, including consideration of a full range of
existing and appropriate new facilities and programs for recre-
ation during all seasons of the year.
(2) Vegetation, including consideration of a full range of
management options, and a program to reestablish old growth
ponderosa pine ecosvstems.
(3) Roads and facilities, including-
(A) consideration of the general location. design, construc-
tion. and maintenance criteria:
(B) standards for motorized vehicle use:
(C) traffic management; and
(D) criteria for the closing and obliteration of roads.
(.1) Fire and fuel management prescriptions. including consid-
eration of a full range of management options for fuel hazard
reduction and prescribed fire and fire control strategies to
minimize the risk of catastrophic wildfire and to meet other
resource objectives.
(5) Wildlife management, including general prescriptions for
wildlife habitat improvements.
(6) Research. including identification and prioritization of
research opportunities.
(7) Monitoring. including monitoring needs for air, water,
wildlife, soil, and other resources. The Secretary, in cooperation
with the Secretary of the Interior, shall maintain a research
and monitoring program for geothermal resources for the pur-
pose of identifying and assessing the impact that present and
proposed geothermal development in the vicinity of the Monu-
ment and Special Management Area may have on the values for
which such Monument and Special Management Area were
established.
(8) Conflicts. including consideration of potential conflicts
among uses and resources.
SEC. 7. ADVISORY COUNCIL
(a) ESTABLISHMENT-There is hereby established the Newberry
National Volcanic Monument Advisory Council for the purpose of
advising the Secretary on the preparation of the initial management
plan required by section 6(a) and on other matters at the Secretary's
request.
(b) MEMBERSHIP.-The Council shall be composed of 11 members
appointed by the Secretary. as follows:
(1) One member who represents the scientific community.
H.R. 3840-7
(2) One member who represents organized recreational in-
terests.
(3) One member who represents organized timber industry
interests.
(1) One member who represents organized geothermal indus-
try interests.
(5) One member who represents organized tourism interests.
(6) One member of the Deschutes County Board of Commis-
sioners.
(7) One member who represents organized environmental
interests.
(8) One member who represents organized wildlife and fish
interests.
(9) One at-large member from nominations submitted to the
Secretary by the Governor of Oregon.
(10) The Forest Supervisor, Deschutes National Forest, and
the District Manager, Prineville District. Bureau of Land
Management, who shall serve as nonvoting, ex officio members.
(c) VACANCY.-A vacancy on the Council shall be filled in the
same manner as the original appointment.
(d) QUORUM.-A quorum shall be 6 appointed members of the
Council. The operations of the Council shall not be impaired by the
fact that a member has not been appointed as long as a quorum has
been attained.
(e) CHAIRPERSON AND PROCEDURES.-The Council shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(f) CONSULTATION.- The Secretary shall consult with the Council
on a periodic and regular basis with respect to the management
plan.
(g) PAY.-Members of the Council who are not full-time officers or
employees of the United States shall serve without pay. Members
who are full-time officers or employees of the United States shall
receive no additional pay by reason of their service on the Council.
(h) SCIENTIFIC ADVISORY SUBCOMMINTEE-The Council may ap-
point a Scientific Advisory Subcommittee. to be chaired by the
Council member who represents the scientific community, for the
purposes of advising the Council on matters related to the manage-
ment plan. Subcommittee members shall be appointed for their
expertise and need not be members of the Council.
(i) TERMINATION.-The Council and the Scientific Advisory Sub-
committee. if any. shall cease to exist on the date upon which the
management plan is officially adopted by the Secretary. or later at
the discretion of the Secretary. except in no event shall the Council
exist later than 5 years after the date of enactment of this Act.
SEC. 8. SAVINGS PROVISIONS.
(a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.-Nothing
in this Act shall be construed as authorizing or directing the
establishment of protective perimeters or buffer zones around the
Monument or Special Management Area for the purpose of preclud-
ing activities outside the Monument and Special Management Area
boundary which would otherwise be permitted under applicable law.
Nothing in this Act shall be construed as limiting the existing
authority of the Secretary to take actions on Federal lands adjacent
to the Monument and Special Management Area necessary to pro-
tect public health and safety in emergencies. The fact that activities
H. 3840-8
or uses outside the Monument and Special Management Area can be
seen, heard, measured, or otherwise perceived within the Monument
and Special Management Area shall not, of themselves, limit, re-
strict, or preclude such activities or uses up to the boundary of the
Monument and the Special Management Area.
(b) CONTRACTS.-Nothing in this Act shall limit, restrict, or pre-
clude the implementation of valid timber sale contracts or other
contracts or agreements executed by the Secretary or the Secretary
of the Interior prior to the date of enactment of this Act.
(c) ADMINISTRATION OF GEOTHERMAL STEAM ACT OF 1970.-Except
as specifically provided in sections 3 and 4. nothing in this Act shall
be construed to affect the authority of the Secretary of the Interior
to administer the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
SEC. 9. DEFINITIONS.
As used in this Act:
111 the term "allowable sale quantity" has the same meaning
as such term has in section 13 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1611).
(2) The term "Council" means the Newberry National Vol-
canic Monument Advisory Council established by section 7.
(3) The term "Management Plan" means the plan developed
under section 6.
(4) The term "Monument" means the Newberry National
Volcanic Monument established by section 1.
(5) The term "Newberry Caldera Known Geothermal Re-
source Area refers to the area established by the United States
Geological Survey in 1974 and identified on the map referred to
in section 3(a).
(6) The term "Special Management Area" means the
Newberry Special Management Area established by section 1.
(T) The term "Secretary" means the Secretary of Agriculture.
(8) The term "Surface Resource Analysis of Newberry Vol-
cano" means the document dated September 1990. prepared by
the Forest Service and the Bureau of Land Management, and
available for public inspection in the Office of the Chief. United
States Forest Service, United States Department of Agriculture,
Washington, District of Columbia.
(9) The terms "Transferal Area", "Transferal Corridor" and
"Transferal Area Adjacent" mean the areas established by
section 1.
H.R. 3840-9
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Thomas Speaker of the House of Representatives. S. Joly
Vice President the United States and
Acting President of the Senate, pro tempore
Document
No. 18803655
WHITE HOUSE STAFFING MEMORANDUM
DATE:
11/2/90
ACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90
ENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE OK
SUNUNU
NEWMAN
SCOWCROFT
PORTER OK OK
DARMAN
ROGICH
CARD
UNTERMEYER
CICCONI
CLERK
DEMAREST n/c
FITZWATER
GRAY n.l.o.
HAGIN
HOLIDAY No Comment
REMARKS:
Please provide your comments/recommendations directly to my
office by close of business Monday, November 5. Thank you.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
THE WHITE HOUSE
Office of the Press secretary
(Houston, Texas)
For Immediate Release
November 5, 1990
The President has signed the following legislation:
H.R. 5268, the "Rural Development, Agriculture, and Related
Agencies Appropriations Act, 1991."
H.R. 5158, the "Department of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
1991." The President issued a signing statement on this bill.
H.R. 5835, the "Omnibus Budget Reconciliation Act of 1990." The
President issued a signing statement on this bill.
H.R. 5241, the "Treasury, Postal Service and General Government
Appropriations Act, 1991." The President issued a signing
statement on this bill.
H.R. 4739, the "National Defense Authorization Act for Fiscal Year
1991." The President issued a signing statement on this bill.
H.R. 5803, the "Department of Defense Appropriations Act, 1991."
The President issued a signing statement on this bill.
H.R. 5769, the "Department of the Interior and Related Agencies
Appropriations Act, 1991." The President issued a signing
statement on this bill.
H.R. 5114, the "Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991." The President issued a
signing statement on this bill.
H.R. 5019, the "Energy and Water Development Appropriations Act,
1991." The President issued a signing statement on this bill.
H.R. 5021, the "Departments of Commerce, Justice, and state, the
Judiciary, and Related Agencies Appropriations Act, 1991." The
President issued a signing statement on this bill.
H.R. 5229, the "Department of Transportation and Related Agencies
Appropriations Act, 1991."
H.R. 5257, the "Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 1991."
H.R. 5311, the "District of Columbia Appropriations Act, 1991."
H.R. 5313, the "Military construction Appropriations Act, 1991."
The President issued a signing statement on this bill.
H.R. 5399, the "Legislative Branch Appropriations Act, 1991."
H.R. 5759, amends the Age Discrimination in Employment Act of 1967
(ADEA), as amended by the Older Workers Benefit Protection Act,
to clarify the application of the ADEA to employee group health
plans.
H.R. 3840, establishes the Newberry National Volcanic Monument,
in the state of Oregon, as a component of the National Forestry
System.
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