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    "label": "1990-11-05 - [Enrolled Bill H.R. 3840 - Newberry National Volcanic Monument]",
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    "title": "1990-11-05 - [Enrolled Bill H.R. 3840 - Newberry National Volcanic Monument]",
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    "ocrText": "Originally Processed With FOIA(s):\nFOIA Number:\n2020-0268-F\n2020-0268-F\nFOIA\nMARKER\nThis is not a textual record. This is used as an\nadministrative marker by the George Bush Presidential\nLibrary Staff.\nRecord Group/Collection:\nGeorge H.W. Bush Presidential Records\nCollection/Office of Origin: Executive Clerk, White House\nSeries:\nBill Files\nSubseries:\nOA/ID Number:\n03006\nFolder ID Number:\n03006-091\nFolder Title:\n1990-11-05 - [Enrolled Bill H.R. 3840 - Newberry National Volcanic Monument]\nStack:\nRow:\nSection:\nShelf:\nPosition:\nG\n18\n29\n7\nOFFICE OF THER PRESIDENT STATE UNITED a\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nADN APPROVEL\n90 NOV -2 PM 1:43\n1990\nTHE DIRECTOR\nNovember 2, 1990\nSigned in\nHouston, TX\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 3840 - Newberry National Volcanic\nMonument\nSponsors - Rep. Smith (R) Oregon and two others\nLast Day for Action\nNovember 10, 1990 - Saturday\nPurpose\nEstablishes the Newberry National Volcanic Monument, in the\nState of Oregon, as a component of the National Forest System.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Agriculture\nApproval\nDepartment of Justice\nNo objection\n(Informally)\nDepartment of Energy\nNo objection\n(Informally)\nEnvironmental Protection Agency\nNo objection\n(Informally)\nDepartment of the Interior\nDefers to Agriculture\n(Informally)\nCouncil on Environmental Quality\nNo comment (Informally)\nGeneral Services Administration\nNo comment (Informally)\nDiscussion\nH.R. 3840 would establish the 56, 000-acre Newberry National\nVolcanic Monument as a part of the Deschutes National Forest in\nOregon. The bill would specify the boundaries of the monument\nand provide for minor boundary changes under certain\ncircumstances.\nSubject to valid existing rights, Federal lands within the\nmonument boundaries would be withdrawn from use or disposal under\nthe public land, mining, and geothermal leasing laws. The\nSecretary of Agriculture would be required to administer the\nmonument in accordance with the laws, rules, and regulations\npertaining to the National Forest System and other specified\nmanagement requirements.\nApproximately 10,200 acres of land within the monument\nboundary are currently leased for geothermal exploration. The\nenrolled bill would cancel these leases and any existing leases\non a 300-acre plot of land (the Transferal Corridor) that bisects\nthe monument. The Secretary of the Interior would be directed to\nissue comparable leases on other lands as full compensation for\nthe canceled leases.\nThe enrolled bill would also provide for the management of\ndesignated areas outside the monument's boundaries that have the\npotential for geothermal energy development. Existing Federal\ngeothermal leases on an adjacent ,000-acre area (the Transferal\nArea) would be preserved. The Secretary of the Interior would be\nrequired to conduct geothermal lease sales on a designated 6,000-\nacre adjacent area (the Newberry Special Management Area and\nTransferal Area Adjacent) within one year after the date of\nenactment of this Act. Any leases issued would be subject to\ncertain conditions.\nWithin three fiscal years after the date of enactment of\nthis Act, the Secretary of Agriculture would be required to\ndevelop a management plan for the monument and the designated\nareas. The plan would be incorporated into the Deschutes\nNational Forest Land and Resources Management Plan.\nThe enrolled bill would also establish a Newberry National\nVolcanic Monument Advisory Council to advise the Secretary on the\npreparation of the management plan. Except for two Federal\nmembers, the 11-member council would be appointed by the\nSecretary from individuals representing specified environmental,\nscientific, and commercial interests. The council would\nterminate on the date that the plan is officially adopted by the\nSecretary. However, at the Secretary's discretion, its term\ncould be extended for up to five years after the date of\nenactment of this Act.\nFinally, H.R. 3840 would specify that nothing in this Act is\nto be construed as requiring the establishment of buffer zones\naround the monument or the adjacent designated areas. Nor would\nthis Act abrogate any existing timber sales or other contracts or\nagreements executed prior to the date of enactment. H.R. 3840\nwould authorize the appropriation of such sums as may be\nnecessary to carry out this Act.\n-2-\nConclusion and Recommendations\nIn its enrolled bill views letter, the Department of\nAgriculture advises that H.R. 3840 would provide the Secretaries\nof Agriculture and the Interior with \"appropriate\nauthorities\nto administer the unique and important\nresources found on, adjacent to, and under the proposed\nMonument.\" The Department concludes that \"approval of the bill\nwould complete the process of resolving many long-standing\ncontroversies regarding geothermal development in the Newberry\nVolcanoes area.\"\nWe join Agriculture in recommending approval of enrolled\nbill H.R. 3840, which passed both Houses of Congress by voice\nvote.\nJames Darm\nRichard G. Darman\nDirector\nEnclosures\n-3-\nTHE WHITE HOUSE\nWASHINGTON\n90 NOV -5 PM 3:53\nNovember 5, 1990\nMEMORANDUM FOR THE PRESIDENT\nFROM:\nROGER B. PORTER RBP\nSUBJECT:\nEnrolled Bill H.R. 3840 -- Newberry National\nVolcanic Monument\nWe concur with the recommendation that you approve H.R.\n3840.\nDocument No. 18803655\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n11/2/90\nACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90\nENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT\nSUBJECT:\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nMCCLURE\nSUNUNU\nNEWMAN\nSCOWCROFT\nPORTER\nDARMAN\nROGICH\nCARD\nUNTERMEYER\nCICCONI\nCLERK\nDEMAREST\nFITZWATER\nGRAY\nHAGIN\nHOLIDAY\nREMARKS:\nPlease provide your comments/recommendations directly to my\noffice by close of business Monday, November 5. Thank you.\nRESPONSE:\nJames W. Cicconi\nAssistant to the President\nand Deputy to the Chief of Staff\nExt. 2702\n22dE0881\nOFFICE PRESIDENT*\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nNOV -2 PM 43\nTHE DIRECTOR\nNovember 2, 1990\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 3840 - Newberry National Volcanic\nMonument\nSponsors - Rep. Smith (R) Oregon and two others\nLast Day for Action\nNovember 10, 1990 - Saturday\nPurpose\nEstablishes the Newberry National Volcanic Monument, in the\nState of Oregon, as a component of the National Forest System.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Agriculture\nApproval\nDepartment of Justice\nNo objection\n(Informally)\nDepartment of Energy\nNo objection\n(Informally)\nEnvironmental Protection Agency\nNo objection\n(Informally)\nDepartment of the Interior\nDefers to Agriculture\n(Informally)\nCouncil on Environmental Quality\nNo comment (Informally)\nGeneral Services Administration\nNo comment (Informally)\nDiscussion\nH.R. 3840 would establish the 56,000-acre Newberry National\nVolcanic Monument as a part of the Deschutes National Forest in\nOregon. The bill would specify the boundaries of the monument\nand provide for minor boundary changes under certain\ncircumstances.\nSubject to valid existing rights, Federal lands within the\nmonument boundaries would be withdrawn from use or disposal under\nthe public land, mining, and geothermal leasing laws. The\nSecretary of Agriculture would be required to administer the\nmonument in accordance with the laws, rules, and regulations\npertaining to the National Forest System and other specified\nmanagement requirements.\nApproximately 10,200 acres of land within the monument\nboundary are currently leased for geothermal exploration. The\nenrolled bill would cancel these leases and any existing leases\non a 300-acre plot of land (the Transferal Corridor) that bisects\nthe monument. The Secretary of the Interior would be directed to\nissue comparable leases on other lands as full compensation for\nthe canceled leases.\nThe enrolled bill would also provide for the management of\ndesignated areas outside the monument's boundaries that have the\npotential for geothermal energy development. Existing Federal\ngeothermal leases on an adjacent 4,000-acre area (the Transferal\nArea) would be preserved. The Secretary of the Interior would be\nrequired to conduct geothermal lease sales on a designated 6,000-\nacre adjacent area (the Newberry Special Management Area and\nTransferal Area Adjacent) within one year after the date of\nenactment of this Act. Any leases issued would be subject to\ncertain conditions.\nWithin three fiscal years after the date of enactment of\nthis Act, the Secretary of Agriculture would be required to\ndevelop a management plan for the monument and the designated\nareas. The plan would be incorporated into the Deschutes\nNational Forest Land and Resources Management Plan.\nThe enrolled bill would also establish a Newberry National\nVolcanic Monument Advisory Council to advise the Secretary on the\npreparation of the management plan. Except for two Federal\nmembers, the 11-member council would be appointed by the\nSecretary from individuals representing specified environmental,\nscientific, and commercial interests. The council would\nterminate on the date that the plan is officially adopted by the\nSecretary. However, at the Secretary's discretion, its term\ncould be extended for up to five years after the date of\nenactment of this Act.\nFinally, H.R. 3840 would specify that nothing in this Act is\nto be construed as requiring the establishment of buffer zones\naround the monument or the adjacent designated areas. Nor would\nthis Act abrogate any existing timber sales or other contracts or\nagreements executed prior to the date of enactment. H.R. 3840\nwould authorize the appropriation of such sums as may be\nnecessary to carry out this Act.\n-2-\nConclusion and Recommendations\nIn its enrolled bill views letter, the Department of\nAgriculture advises that H.R. 3840 would provide the Secretaries\nof Agriculture and the Interior with \"appropriate\nauthorities to administer the unique and important\nresources found on, adjacent to, and under the proposed\nMonument.\" The Department concludes that \"approval of the bill\nwould complete the process of resolving many long-standing\ncontroversies regarding geothermal development in the Newberry\nVolcanoes area.\"\nWe join Agriculture in recommending approval of enrolled\nbill H.R. 3840, which passed both Houses of Congress by voice\nvote.\nName Aarm\nRichard G. Darman\nDirector\nEnclosures\n-3-\nUNITED DEPARTMENT OF\nDEPARTMENT OF AGRICULTURE\nOFFICE OF THE SECRETARY\nWASHINGTON, D.C. 20250\nOctober < 6 1990\nThe Honorable Richard G. Darman\nDirector, Office of Management\nand Budget\nWashington D.C. 20503\nDear Mr. Darman:\nAs requested by your office, here are our views on the enrolled bill,\nH.R. 3840, an act \"To establish the Newberry Volcanoes National Monument in the\nState of Oregon, and for other purposes.\"\nThe Department of Agriculture recommends that the President approve the\nenrolled bill.\nH.R. 3840 would establish the Newberry National Volcanic Monument in the State\nof Oregon to be administered by the Secretary of Agriculture. Although the\ntitle of the bill refers to the \"Newberry Volcanoes National Monument,\" the\nactual designation in section 1 refers to the \"Newberry National Volcanic\nMonument.\"\nThe Monument would be administered in accordance with certain management\nrequirements related to vegetation, recreation, roads, research, disease,\ninsect infestation, and fire hazard. Holders of existing Federal geothermal\nleases within the Monument would be authorized to relinquish such leases, and,\nin lieu thereof and in full compensation for such relinquishment, would be\nissued leases of like value outside the Monument. Also, within 1 year of\nenactment, the Secretary of the Interior would be required to offer for lease\ncertain lands, as depicted on a map referenced in the bill. Furthermore, the\nSecretary would be required to develop a management plan for the Monument, in\nconsultation with an advisory council that would be established.\nAt a hearing conducted by the Subcommittee on National Parks and Public Lands\nof the Committee on Interior and Insular Affairs, we testified that \"We\nenthusiastically support the enactment of H.R. 3840, if amended.\nSubsequently, the bill was amended to address all of our concerns.\nWe believe that H.R. 3840, as enrolled, would provide appropriate authorities\nto the Secretary of Agriculture and the Secretary of the Interior to administer\nthe unique and important resources found on, adjacent to, and under the\nproposed Monument. Furthermore, approval of the bill would complete the\nprocess of resolving many long-standing controversies regarding geothermal\ndevelopment in the Newberry Volcanoes area.\nSincerely,\nfor\nJaney Clayton Yeutter\nSecretary\nH. R. 3840\nOne Hundred First Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Tuesday, the twenty-third day of January,\none thousand nine hundred and ninety\nAn Act\nTo establish the Newberry National Volcanic Monument in the State of Oregon, and\nfor other purposes.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled.\nSECTION 1. ESTABLISHMENT.\n(a) IN GENERAL.-There is hereby established the Newberry Na-\ntional Volcanic Monument in the State of Oregon as a component of\nthe National Forest System in order to preserve and protect for\npresent and future generations its remarkable geologic landforms\nand for the purposes of providing for the conservation, protection,\ninterpretation, and enhancement of its ecological, botanical, sci-\nentific, scenic, recreational, cultural, and fish and wildlife resources.\n(b) AREA INCLUDED.-(1) The Monument shall comprise those\nlands generally depicted on the map entitled \"Newberry National\nVolcanic Monument\" and dated September 1990, which shall be on\nfile and available for public inspection in the Office of the Chief,\nForest Service, Department of Agriculture, Washington, District of\nColumbia.\n(2) The Newberry Special Management Area, the Transferal Area,\nthe Transferal Area Adjacent, and the Transferal Corridor shall\ncomprise those lands generally depicted as such on the map re-\nferred to in paragraph (1).\n(3) The Secretary may, by publication of a notice of availability of\na revised map and after public comment, make corrections or minor\nchanges to the boundary of the Monument or Special Management\nArea if such changes are-\n(A) necessary to facilitate management of the Monument,\nSpecial Management Area and the immediately surrounding\narea,\n(B) consistent with the purposes of this Act. and\n(C) noncontroversial.\nAny proposed boundary change shall be made pursuant to the\nNational Environmental Policy Act of 1969.\nSEC. 2. ADMINISTRATION.\n(a) IN GENERAL-Subject to valid existing rights, the Secretary\nshall administer the Monument and Special Management Area in\naccordance with the laws, rules, and regulations pertaining to the\nNational Forest System and this Act as part of the Deschutes\nNational Forest.\n(b) TRANSFERAL AREA.-(1) Upon termination, cancellation, or\nrelinquishment of all Federal geothermal leases (numbered OR-\n12008, OR-11612, and OR-11613), the lands and mineral rights\nencompassed by such leases, and other Federal land identified as the\nTransferal Area on the map referred to in section 1(b)(1), shall\nbecome part of the Monument and shall be administered under this\nAct.\nH. R. 3840-2\n(2) The Transferal Corridor is a part of the Transferal Area and\nshall be managed as such, except as otherwise provided in section 4.\n(3) Prior to the termination, cancellation, or relinquishment of\nsuch geothermal leases, the Secretary of the Interior and the Sec-\nretary of Agriculture shall, to the extent practicable and consistent\nwith the Geothermal Steam Act of 1970 and rights under such\nleases, manage the Transferal Area under the laws, rules, and\nregulations pertaining to the National Forest System in such a\nmanner so as to preserve the natural values of the area which would\nqualify it for designation as a national monument.\n(4) Upon discovery of commercial quantities of geothermal re-\nsources, paragraphs (1), (2), and (3) shall no longer apply.\n(c) NEWBERRY SPECIAL MANAGEMENT AREA.-The area identified\non the map referred to in section 1(b)(1) as the Newberry Special\nManagement Area shall be managed as if it were part of the\nMonument, except as otherwise provided in section 4.\n(d) TRANSFERAL AREA ADJACENT.-The area identified on the map\nreferred to in section 1(b)(1) as the Transferal Area Adjacent is a\npart of the Special Management Area, except as otherwise provided\nin section 4.\n(e) MANAGEMENT REQUIREMENTS.-The Monument and Special\nManagement Area shall be administered in accordance with the\nfollowing management requirements:\n(1) Land management activities shall allow natural ecological\nsuccession of vegetation to continue to the maximum extent\npractical. as determined by the Secretary. Timber removal shall\nbe permitted only to the extent the Secretary determines nec-\nessary to achieve the purposes of this Act and to protect health\nand safety. Timber within the Monument and Special Manage-\nment Area shall not be considered part of the allowable sale\nquantity for the Deschutes National Forest.\n(2) Recreation uses and interpretive facilities shall be pro-\nvided, including (but not limited to) trails, campgrounds, re-\nsorts, and visitor centers, as identified in the management plan.\n(3) Roads shall be permitted in the Monument and Special\nManagement Area consistent with the purposes of this Act and\nin accordance with the management plan.\n(f) SCIENTIFIC RESEARCH.-Scientific research shall be allowed\nconsistent with the purposes for which the Monument was\nestablished.\n(g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.-The Sec-\nretary is authorized to take action to the extent practicable to\nensure that tree diseases, insect infestations, fire hazards, and fires\nwithin the Monument and Special Management Area do not seri-\nously threaten resources outside the Monument and Special\nManagement Area boundaries.\nSEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.\n(a) IN GENERAL-Those holders of all Federal geothermal leases\nwithin the Monument as of the date of enactment of this Act and\nwho are listed in subsection (c) of this section are authorized,\nwithout penalty, to relinquish all rights to such leases on the terms\nand conditions provided in this section and section 10 of the Geo-\nthermal Steam Act of 1970. Such leases are depicted on the map\nentitled \"Geothermal Lease Compensation\" which is a part of the\nSurface Resource Analysis of Newberry Volcano.\nH.R. 3840-3\n(b) GEOTHERMAL LEASE EXCHANGE.-Upon the acceptance by the\nSecretary of the Interior of a lease relinquished pursuant to subsec-\ntion (a), the Secretary of the Interior shall immediately issue. in lieu\nthereof and in full compensation for such relinquishment, geo-\nthermal leases of like value as described in subsection (c). The leases\nissued in lieu of relinquished leases shall contain the terms and\nconditions prescribed in the Surface Resource Analysis of Newberry\nVolcano and the Land and Resource Management Plan for the\nDeschutes National Forest. dated August 1990. Consistent with such\nterms and conditions. such in-lieu leases shall be administered\nunder the Geothermal Steam Act of 1970.\n(c) DESCRIPTIONS.-(1) The parties (including their successors, or\nassignees), and lands referred to in subsection (a), are those specified\non the map referred to in subsection (a).\n(2) The leases to be issued pursuant to subsection (b) and the\ninterests in lands subject to such leases are as follows:\n(A) Within the Newberry Caldera Known Geothermal Re-\nsource Area, lease area 1, leases shall be issued with an undi-\nvided fractional interest distributed as follows:\n(i) 62.37 percent to California Energy Co., Inc.\n(ii) 35.09 percent to Christian F. Murer.\n(iii) 2.54 percent to Delta Funds, Inc.\n(B) Within the Newberry Caldera Known Geothermal Re-\nsource Area. lease area 2, leases shall be issued with an undi-\nvided fractional interest distributed as follows:\n0.84 percent to L.H. Armour, Jr.\n5.49 percent to Frances B. Bunn.\n1.73 percent to Robert B. Bunn.\n8.52 percent to Geo-Newberry Crater. Inc.\n15.10 percent to Hawthorn Oil Co.\n3.42 percent to Terry Allen Kramer.\n64.90 percent to George W. Waters.\n(C) Outside the Newberry Caldera Known Geothermal Re-\nsource Area. leases shall be issued for the approximate acreage\nnoted:\n(i) Lease Area -Robert B. Bunn-1.280.00 acres.\n(ii) Lease Area -Frances B. Bunn-1,240.00 acres.\n(iii) Lease Area 5-Geo-Newberry Crater. Inc.-2,928\nacres.\n(d) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING\nUNDER THE GEOTHERMAL STEAM AcT.-Following the expiration,\nrelinquishment, or termination of any geothermal lease issued for\nlands identified in subsection (c). except for lands situated within\nthe Special Management Area. such lands may be offered for lease\nunder the Geothermal Steam Act of 1970.\n(e) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING\nUNDER THIS AcT.-Following expiration. relinquishment, or termi-\nnation of a geothermal lease on lands identified in subsection (c),\nwithin the Special Management Area, lands shall be offered for\nlease as provided in section 4(a)(5) of this Act.\n(f) NONAPPLICABLE PROVISIONS.-The provisions of subsection (g) of\nsection 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and\n(g)) shall not apply to any geothermal lease within the Monument\nexisting on the date of enactment of this Act.\nSEC. I. SUBSURFACE RIGHTS.\n(a) WITHDRAWAL-\nH. 3840-4\n(1) MONUMENT.-Subject to valid existing rights, Federal\nlands within the Monument are hereby withdrawn from all\nforms of entry, appropriation, or disposal under the public land\nlaws. from location, entry, or patent under the mining laws, and\nfrom disposition under all mineral and geothermal leasing laws.\n(2) TRANSFERAL AREA.-Subject to valid existing rights, Fed-\neral lands within the Transferal Area are hereby withdrawn\nfrom all forms of entry, appropriation, or disposal under the\npublic land laws, from location, entry, or patent under the\nmining laws, and from disposition under all mineral and geo-\nthermal leasing laws. Upon completion of a well capable of\nproducing geothermal steam in commercial quantities, as de-\nfined in section 6(d) of the Geothermal Steam Act of 1970 (30\nU.S.C. 1005(d)) on valid existing leases within the Transferal\nArea, as determined by the Secretary of the Interior, the with-\ndrawal made by this subsection shall be revoked, and such lands\nshall be restored to the operation of the public land laws,\nmining laws, and mineral and geothermal leasing laws.\n(3) TRANSFERAL CORRIDOR.-Subject to valid existing rights,\nFederal lands within the Transferal Corridor are hereby with-\ndrawn from all forms of entry, appropriation. or disposal under\nthe public land laws, from location, entry or patent under the\nmining laws, and from disposition under all mineral and geo-\nthermal leasing laws.\n(4) TRANSFERAL AREA ADJACENT.-Subject to valid existing\nrights, Federal lands within the Transferal Area Adjacent are\nhereby withdrawn from all forms of entry, appropriation, or\ndisposal under the public land laws, from location. entry, or\npatent under the mining laws, and from disposition under all\nmineral leasing laws except the Geothermal Steam Act of 1970.\nUpon completion of a well capable of producing geothermal\nsteam in commercial quantities, as defined in section 6(d) of the\nGeothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the\nTransferal Area, as determined by the Secretary of the Interior.\nthis area will be managed as part of the Special Management\nArea and be governed by provisions in section 4(a)(5). Geo-\nthermal leases issued in this area shall contain stipulations that\nprohibit surface occupancy and no plans of operation will be\napproved by the Secretary until commercial quantities of geo-\nthermal resources are found within the Transferal Area.\n(5) SPECIAL MANAGEMENT AREA.-Subject to valid existing\nrights, Federal lands within the Special Management Area are\nhereby withdrawn from all forms of entry, appropriation, or\ndisposal under the public land laws, from location, entry, or\npatent under the mining laws, and under all mineral leasing\nlaws except the Geothermal Steam Act of 1970. Geothermal\nleases issued in this area shall contain stipulations that prohibit\nsurface occupancy and shall require that the Special Manage-\nment Area be entered only by directional drilling from outside\nthe Special Management Area boundaries. In the event that no\ncommercial quantities of geothermal resources are developed\nunder leases within 30 years after the date of enactment of this\nAct. the Secretary of the Interior is authorized and directed to\nwithdraw such areas in perpetuity from all further leasing\nunder the Geothermal Steam Act of 1970. Upon such with-\ndrawal, the Special Management Area designations shall termi-\nnate and such areas shall become part of the Monument. All or\nH. 3840-5\nportions of the Special Management Area may be withdrawn\nfrom the Geothermal Steam Act of 1970 and made a part of the\nMonument earlier at the joint discretion of the Secretaries of\nInterior and Agriculture. This provision shall in no way restrict\nthe Secretary's authority to acquire by purchase, donation or\nexchange any lease within the Special Management Area prior\nto the expiration of the term of years set forth in this\nparagraph.\n(h) GEOTHERMAL LEASE SALES.-(1) Within one year after the date\nof the enactment of this Act. pursuant to the Geothermal Steam Act\nof 1970, the Secretary of the Interior shall offer for lease by competi-\ntive bid the lands depicted on the map entitled \"Geothermal Lease\nSale Parcels,\" which is part of the Surface Resource Analysis of\nNewberry Volcano, with stipulations as provided therein.\n(2) Any of the lands described in paragraph (1) of this subsection\nwhich are not leased as a result of the first competitive bid offering,\nor any of the initial leases which are relinquished. terminated, or\notherwise canceled, may be reoffered by the Secretary of the In-\nterior for lease by competitive bid under the Geothermal Steam Act\nof 1970, except that all lands within the Special Management Area\nshall be subject to the leasing provisions of subsection (a)(5) of this\nAct.\n(c) AUTHORITY FOR PLANS OF OPERATION.-The Secretary of Agri-\nculture shall regulate all surface disturbing activities conducted\npursuant to any lease issued under this section and section 3 and\nshall determine reclamation and all other actions as required in the\ninterest of conservation of these resources. No permit to drill on a\ngeothermal lease for areas covered under this Act may be granted\nwithout the analysis and approval by the Secretary of Agriculture of\na plan of operations covering proposed surface disturbing activities\nwithin the lease area. In making such determination. the Secretary\nshall consider the effects of the proposed operations on the values\nfor which the Monument and Special Management Area were\nestablished.\nSEC. 5. FISH AND WILDLIFE\nNothing in this Act shall be construed to affect the jurisdiction or\nresponsibilities of the State of Oregon with respect to fish and\nwildlife, including the regulation of hunting, fishing, and trapping,\nexcept that the Secretary may designate zones where, and establish\nperiods when, no hunting, fishing, or trapping shall be permitted for\nreasons of public safety, administration, or public use and enjoy-\nment. Except in emergencies, any regulations of the Secretary\npursuant to this section shall be put into effect only after consulta-\ntion with the Department of Fish and Wildlife of the State of Oregon\nor its successor agency.\nSEC. 6. MANAGEMENT PLAN.\n(a) IN GENERAL-(1) Within three fiscal years beginning after the\ndate of enactment of this Act, the Secretary shall develop a manage-\nment plan which shall address the lands established in section 1.\nThe management plan shall be developed in consultation with the\nCouncil (established by section 71. interested Federal, State, and\nlocal government agencies, and the public.\n(2) The management plan shall be periodically updated, amended,\nor revised as necessary and. at the discretion of the Secretary, such\nH. 3840-6\nconjunction with land management planning for other adjacent\nareas of the Deschutes National Forest.\n(3) No actions taken under the authority of this Act shall require\nthe reconsideration, amendment, or revision of the Deschutes Na-\ntional Forest Land and Resource Management Plan prepared pursu-\nant to section 6 of the Forest and Rangeland Renewable Resources\nPlanning Act of 1974 (16 U.S.C. 1604). The management plan re-\nquired by paragraph (1) shall be incorporated into the Deschutes\nNational Forest Land and Resource Management Plan upon the\nregular revision of the the Deschutes National Forest Land and\nResource Management Plan.\n(b) ISSUES TO BE ADDRESSED BY MANAGEMENT PLAN.-Consistent\nwith the purposes for which the Monument and Special Manage-\nment Area were established, the Management Plan shall address at\nleast the following management issues:\n(1) Recreation, including consideration of a full range of\nexisting and appropriate new facilities and programs for recre-\nation during all seasons of the year.\n(2) Vegetation. including consideration of a full range of\nmanagement options, and a program to reestablish old growth\nponderosa pine ecosystems.\n(3) Roads and facilities, including-\n(A) consideration of the general location. design, construc-\ntion. and maintenance criteria;\n(B) standards for motorized vehicle use:\n(C) traffic management; and\n(D) criteria for the closing and obliteration of roads.\n(1) Fire and fuel management prescriptions. including consid-\neration of a full range of management options for fuel hazard\nreduction and prescribed fire and fire control strategies to\nminimize the risk of catastrophic wildfire and to meet other\nresource objectives.\n(5) Wildlife management, including general prescriptions for\nwildlife habitat improvements.\n(6) Research. including identification and prioritization of\nresearch opportunities.\n(7) Monitoring. including monitoring needs for air, water,\nwildlife, soil, and other resources. The Secretary, in cooperation\nwith the Secretary of the Interior, shall maintain a research\nand monitoring program for geothermal resources for the pur-\npose of identifying and assessing the impact that present and\nproposed geothermal development in the vicinity of the Monu-\nment and Special Management Area may have on the values for\nwhich such Monument and Special Management Area were\nestablished.\n(8) Conflicts, including consideration of potential conflicts\namong uses and resources.\nSEC. 7. ADVISORY COUNCIL.\n(a) ESTABLISHMENT-There is hereby established the Newberry\nNational Volcanic Monument Advisory Council for the purpose of\nadvising the Secretary on the preparation of the initial management\nplan required by section 6(a) and on other matters at the Secretary's\nrequest.\n(b) MEMBERSHIP.-The Council shall be composed of 11 members\nappointed by the Secretary, as follows:\n(1) One member who represents the scientific community.\nH. 3840-7\n(2) One member who represents organized recreational in-\nterests.\n(3) One member who represents organized timber industry\ninterests.\n(1) One member who represents organized geothermal indus-\ntry interests.\n(5) One member who represents organized tourism interests.\n(6) One member of the Deschutes County Board of Commis-\nsioners.\n(7) One member who represents organized environmental\ninterests.\n(8) One member who represents organized wildlife and fish\ninterests.\n(9) One at-large member from nominations submitted to the\nSecretary by the Governor of Oregon.\n(10) The Forest Supervisor, Deschutes National Forest. and\nthe District Manager, Prineville District. Bureau of Land\nManagement, who shall serve as nonvoting. ex officio members.\n(c) VACANCY.-A vacancy on the Council shall be filled in the\nsame manner as the original appointment.\n(d) QUORUM.-A quorum shall be 6 appointed members of the\nCouncil. The operations of the Council shall not be impaired by the\nfact that a member has not been appointed as long as a quorum has\nbeen attained.\n(e) CHAIRPERSON AND PROCEDURES.-The Council shall elect a\nchairperson and establish such rules and procedures as it deems\nnecessary or desirable.\nin CONSULTATION.-The Secretary shall consult with the Council\non a periodic and regular basis with respect to the management\nplan.\n(g) PAY.-Members of the Council who are not full-time officers or\nemployees of the United States shall serve without pay. Members\nwho are full-time officers or employees of the United States shall\nreceive no additional pay by reason of their service on the Council.\n(h) SCIENTIFIC ADVISORY SUBCOMMINTEE.-The Council may ap-\npoint a Scientific Advisory Subcommittee, to be chaired by the\nCouncil member who represents the scientific community, for the\npurposes of advising the Council on matters related to the manage-\nment plan. Subcommittee members shall be appointed for their\nexpertise and need not be members of the Council.\n(i) TERMINATION.-The Council and the Scientific Advisory Sub-\ncommittee. if any, shall cease to exist on the date upon which the\nmanagement plan is officially adopted by the Secretary. or later at\nthe discretion of the Secretary. except in no event shall the Council\nexist later than 5 years after the date of enactment of this Act.\nSEC. 8. SAVINGS PROVISIONS.\n(a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.-Nothing\nin this Act shall be construed as authorizing or directing the\nestablishment of protective perimeters or buffer zones around the\nMonument or Special Management Area for the purpose of preclud-\ning activities outside the Monument and Special Management Area\nboundary which would otherwise be permitted under applicable law.\nNothing in this Act shall be construed as limiting the existing\nauthority of the Secretary to take actions on Federal lands adjacent\nto the Monument and Special Management Area necessary to pro-\ntect public health and safety in emergencies. The fact that activities\nH. 3840-8\nor uses outside the Monument and Special Management Area can be\nseen. heard, measured, or otherwise perceived within the Monument\nand Special Management Area shall not, of themselves, limit, re-\nstrict, or preclude such activities or uses up to the boundary of the\nMonument and the Special Management Area.\n(b) CONTRACTS.-Nothing in this Act shall limit, restrict. or pre-\nclude the implementation of valid timber sale contracts or other\ncontracts or agreements executed by the Secretary or the Secretary\nof the Interior prior to the date of enactment of this Act.\n(c) ADMINISTRATION OF GEOTHERMAL STEAM ACT OF 1970.-Except\nas specifically provided in sections 3 and 4. nothing in this Act shall\nbe construed to affect the authority of the Secretary of the Interior\nto administer the Geothermal Steam Act of 1970 630 U.S.C. 1001 et\nseq.¹.\nSEC. 9. DEFINITIONS.\nAs used in this Act:\n(1) the term \"allowable sale quantity\" has the same meaning\nas such term has in section 13 of the Forest and Rangeland\nRenewable Resources Planning Act of 1974 (16 U.S.C. 1611).\n(2) The term \"Council\" means the Newberry National Vol-\ncanic Monument Advisory Council established by section 7.\n(3) The term \"Management Plan\" means the plan developed\nunder section 6.\n(4) The term \"Monument\" means the Newberry National\nVolcanic Monument established by section 1.\n(5) The term \"Newberry Caldera Known Geothermal Re-\nsource Area\" refers to the area established by the United States\nGeological Survey in 1974 and identified on the map referred to\nin section 3(a).\n(6) The term \"Special Management Area\" means the\nNewberry Special Management Area established by section 1.\n(7) The term \"Secretary\" means the Secretary of Agriculture.\n(8) The term \"Surface Resource Analysis of Newberry Vol-\ncano\" means the document dated September 1990, prepared by\nthe Forest Service and the Bureau of Land Management, and\navailable for public inspection in the Office of the Chief. United\nStates Forest Service. United States Department of Agriculture,\nWashington, District of Columbia.\n(9) The terms \"Transferal Area\". \"Transferal Corridor\" and\n\"Transferal Area Adjacent\" mean the areas established by\nsection 1.\nH.R. 3840-9\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\nThere are authorized to be appropriated such sums as may be\nnecessary to carry out this Act.\nThomas Speaker of the House of Representatives. S. Joly\nVice President the United States and\nActing President of the Senate, pro tempore\nTHE WHITE HOUSE\nWASHINGTON\n90 NOV -5 PM 4: 57\nNovember 5, 1990\nMEMORANDUM FOR THE FILE\nFROM:\nJEFFREY R. HOLMSTEAD yet\nASSOCIATE COUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Bill H.R. 3840 - Newberry National\nVolcanic Monument\nKelli McClure spoke to John Gardner at 3:15 p.m. on this date to\ninform him that Counsel's Office has no legal objection to the\nenrolled bill referenced above.\nAttachment\nCC: James W. Cicconi\nAssistant to the President and\nDeputy to the Chief of Staff\nDocument No. 1880365\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n11/2/90\nACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90\nENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT\nSUBJECT:\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nMCCLURE\nSUNUNU\nNEWMAN\nSCOWCROFT\nPORTER\nDARMAN\nROGICH\nCARD\nUNTERMEYER\nCICCONI\nCLERK\nDEMAREST\nFITZWATER\nGRAY\nHAGIN\nHOLIDAY\nREMARKS:\nPlease provide your comments/recommendations directly to my\noffice by close of business Monday, November 5. Thank you.\nRESPONSE:\nJames W. Cicconi\nAssistant to the President\nand Deputy to the Chief of Staff\nExt. 2702\nEXECUTIVE OFFICE OF THE PRESIDENT\nTHE UNITED PATER\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\n90 NOV -2 PM 43\nTHE DIRECTOR\nNovember 2, 1990\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 3840 - Newberry National Volcanic\nMonument\nSponsors - Rep. Smith (R) Oregon and two others\nLast Day for Action\nNovember 10, 1990 - Saturday\nPurpose\nEstablishes the Newberry National Volcanic Monument, in the\nState of Oregon, as a component of the National Forest System.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Agriculture\nApproval\nDepartment of Justice\nNo objection\n(Informally)\nDepartment of Energy\nNo objection\n(Informally)\nEnvironmental Protection Agency\nNo objection\n(Informally)\nDepartment of the Interior\nDefers to Agriculture\n(Informally)\nCouncil on Environmental Quality\nNo comment (Informally)\nGeneral Services Administration\nNo comment (Informally)\nDiscussion\nH.R. 3840 would establish the 56,000-acre Newberry National\nVolcanic Monument as a part of the Deschutes National Forest in\nOregon. The bill would specify the boundaries of the monument\nand provide for minor boundary changes under certain\ncircumstances.\nSubject to valid existing rights, Federal lands within the\nmonument boundaries would be withdrawn from use or disposal under\nthe public land, mining, and geothermal leasing laws. The\nSecretary of Agriculture would be required to administer the\nmonument in accordance with the laws, rules, and regulations\npertaining to the National Forest System and other specified\nmanagement requirements.\nApproximately 10,200 acres of land within the monument\nboundary are currently leased for geothermal exploration. The\nenrolled bill would cancel these leases and any existing leases\non a 300-acre plot of land (the Transferal Corridor) that bisects\nthe monument. The Secretary of the Interior would be directed to\nissue comparable leases on other lands as full compensation for\nthe canceled leases.\nThe enrolled bill would also provide for the management of\ndesignated areas outside the monument's boundaries that have the\npotential for geothermal energy development. Existing Federal\ngeothermal leases on an adjacent 4,000-acre area (the Transferal\nArea) would be preserved. The Secretary of the Interior would be\nrequired to conduct geothermal lease sales on a designated 6,000-\nacre adjacent area (the Newberry Special Management Area and\nTransferal Area Adjacent) within one year after the date of\nenactment of this Act. Any leases issued would be subject to\ncertain conditions.\nWithin three fiscal years after the date of enactment of\nthis Act, the Secretary of Agriculture would be required to\ndevelop a management plan for the monument and the designated\nareas. The plan would be incorporated into the Deschutes\nNational Forest Land and Resources Management Plan.\nThe enrolled bill would also establish a Newberry National\nVolcanic Monument Advisory Council to advise the Secretary on the\npreparation of the management plan. Except for two Federal\nmembers, the 11-member council would be appointed by the\nSecretary from individuals representing specified environmental,\nscientific, and commercial interests. The council would\nterminate on the date that the plan is officially adopted by the\nSecretary. However, at the Secretary's discretion, its term\ncould be extended for up to five years after the date of\nenactment of this Act.\nFinally, H.R. 3840 would specify that nothing in this Act is\nto be construed as requiring the establishment of buffer zones\naround the monument or the adjacent designated areas. Nor would\nthis Act abrogate any existing timber sales or other contracts or\nagreements executed prior to the date of enactment. H.R. 3840\nwould authorize the appropriation of such sums as may be\nnecessary to carry out this Act.\n-2-\nConclusion and Recommendations\nIn its enrolled bill views letter, the Department of\nAgriculture advises that H.R. 3840 would provide the Secretaries\nof Agriculture and the Interior with \"appropriate\nauthorities\nto administer the unique and important\nresources found on, adjacent to, and under the proposed\nMonument.\" The Department concludes that \"approval of the bill\nwould complete the process of resolving many long-standing\ncontroversies regarding geothermal development in the Newberry\nVolcanoes area. \"\nWe join Agriculture in recommending approval of enrolled\nbill H.R. 3840, which passed both Houses of Congress by voice\nvote.\nfrom Am\nRichard G. Darman\nDirector\nEnclosures\n-3-\nUNITED SDEPARTMENT OF\nDEPARTMENT OF AGRICULTURE\nOFFICE OF THE SECRETARY\nWASHINGTON, D.C. 20250\nOctober 6 1990\nThe Honorable Richard G. Darman\nDirector, Office of Management\nand Budget\nWashington D.C. 20503\nDear Mr. Darman:\nAs requested by your office, here are our views on the enrolled bill,\nH.R. 3840, an act \"To establish the Newberry Volcanoes National Monument in the\nState of Oregon, and for other purposes.\"\nThe Department of Agriculture recommends that the President approve the\nenrolled bill.\nH.R. 3840 would establish the Newberry National Volcanic Monument in the State\nof Oregon to be administered by the Secretary of Agriculture. Although the\ntitle of the bill refers to the \"Newberry Volcanoes National Monument, the\nactual designation in section 1 refers to the \"Newberry National Volcanic\nMonument.\"\nThe Monument would be administered in accordance with certain management\nrequirements related to vegetation, recreation, roads, research, disease,\ninsect infestation, and fire hazard. Holders of existing Federal geothermal\nleases within the Monument would be authorized to relinquish such leases, and,\nin lieu thereof and in full compensation for such relinquishment, would be\nissued leases of like value outside the Monument. Also, within 1 year of\nenactment, the Secretary of the Interior would be required to offer for lease\ncertain lands, as depicted on a map referenced in the bill. Furthermore, the\nSecretary would be required to develop a management plan for the Monument, in\nconsultation with an advisory council that would be established.\nAt a hearing conducted by the Subcommittee on National Parks and Public Lands\nof the Committee on Interior and Insular Affairs, we testified that \"We\nenthusiastically support the enactment of H.R. 3840, if amended\n\"\nSubsequently, the bill was amended to address all of our concerns.\nWe believe that H.R. 3840, as enrolled, would provide appropriate authorities\nto the Secretary of Agriculture and the Secretary of the Interior to administer\nthe unique and important resources found on, adjacent to, and under the\nproposed Monument. Furthermore, approval of the bill would complete the\nprocess of resolving many long-standing controversies regarding geothermal\ndevelopment in the Newberry Volcanoes area.\nSincerely,\nfor\nJaney Clayton Yeutter\nSecretary\nH.R. 3840\nOne Hundred First Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Tuesday, the twenty-third day of January,\none thousand nine hundred and ninety\nIn Itt\nTo establish the Newberry National Volcanic Monument in the State of Oregon, and\nfor other purposes.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled.\nSECTION 1. ESTABLISHMENT\n(a) IN GENERAL-There is hereby established the Newberry Na-\ntional Volcanic Monument in the State of Oregon as a component of\nthe National Forest System in order to preserve and protect for\npresent and future generations its remarkable geologic landforms\nand for the purposes of providing for the conservation, protection,\ninterpretation. and enhancement of its ecological, botanical, sci-\nentific, scenic, recreational, cultural. and fish and wildlife resources.\n(b) AREA INCLUDED.-(1) The Monument shall comprise those\nlands generally depicted on the map entitled \"Newberry National\nVolcanic Monument\" and dated September 1990, which shall be on\nfile and available for public inspection in the Office of the Chief,\nForest Service, Department of Agriculture, Washington, District of\nColumbia.\n(2) The Newberry Special Management Area, the Transferal Area,\nthe Transferal Area Adjacent, and the Transferal Corridor shall\ncomprise those lands generally depicted as such on the map re-\nferred to in paragraph (1).\n(3) The Secretary may, by publication of a notice of availability of\na revised map and after public comment, make corrections or minor\nchanges to the boundary of the Monument or Special Management\nArea if such changes are-\n(A) necessary to facilitate management of the Monument,\nSpecial Management Area and the immediately surrounding\narea,\n(B) consistent with the purposes of this Act, and\n(C) noncontroversial.\nAny proposed boundary change shall be made pursuant to the\nNational Environmental Policy Act of 1969.\nSEC. 2. ADMINISTRATION.\n(a) IN GENERAL-Subject to valid existing rights, the Secretary\nshall administer the Monument and Special Management Area in\naccordance with the laws, rules, and regulations pertaining to the\nNational Forest System and this Act as part of the Deschutes\nNational Forest.\n(b) TRANSFERAL AREA.-(1) Upon termination, cancellation, or\nrelinquishment of all Federal geothermal leases (numbered OR-\n12008, OR-11612, and OR-11613), the lands and mineral rights\nencompassed by such leases, and other Federal land identified as the\nTransferal Area on the map referred to in section 1(b)(1), shall\nbecome part of the Monument and shall be administered under this\nAct.\nH.R. 3840-2\n(2) The Transferal Corridor is a part of the Transferal Area and\nshall be managed as such, except as otherwise provided in section 4.\n(3) Prior to the termination, cancellation, or relinquishment of\nsuch geothermal leases, the Secretary of the Interior and the Sec-\nretary of Agriculture shall, to the extent practicable and consistent\nwith the Geothermal Steam Act of 1970 and rights under such\nleases, manage the Transferal Area under the laws, rules, and\nregulations pertaining to the National Forest System in such a\nmanner so as to preserve the natural values of the area which would\nqualify it for designation as a national monument.\n(4) Upon discovery of commercial quantities of geothermal re-\nsources, paragraphs (1), (2), and (3) shall no longer apply.\n(c) NEWBERRY SPECIAL MANAGEMENT AREA.-The area identified\non the map referred to in section 1(b)(1) as the Newberry Special\nManagement Area shall be managed as if it were part of the\nMonument, except as otherwise provided in section 4.\n(d) TRANSFERAL AREA ADJACENT-The area identified on the map\nreferred to in section 1(b)(1) as the Transferal Area Adjacent is a\npart of the Special Management Area, except as otherwise provided\nin section 4.\n(e) MANAGEMENT REQUIREMENTS.-The Monument and Special\nManagement Area shall be administered in accordance with the\nfollowing management requirements:\n(1) Land management activities shall allow natural ecological\nsuccession of vegetation to continue to the maximum extent\npractical, as determined by the Secretary. Timber removal shall\nbe permitted only to the extent the Secretary determines nec-\nessary to achieve the purposes of this Act and to protect health\nand safety. Timber within the Monument and Special Manage-\nment Area shall not be considered part of the allowable sale\nquantity for the Deschutes National Forest.\n(2) Recreation uses and interpretive facilities shall be pro-\nvided. including (but not limited to) trails, campgrounds, re-\nsorts, and visitor centers, as identified in the management plan.\n(3) Roads shall be permitted in the Monument and Special\nManagement Area consistent with the purposes of this Act and\nin accordance with the management plan.\n(f) SCIENTIFIC RESEARCH.-Scientific research shall be allowed\nconsistent with the purposes for which the Monument was\nestablished.\n(g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.-The Sec-\nretary is authorized to take action to the extent practicable to\nensure that tree diseases, insect infestations, fire hazards. and fires\nwithin the Monument and Special Management Area do not seri-\nously threaten resources outside the Monument and Special\nManagement Area boundaries.\nSEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.\n(a) IN GENERAL-Those holders of all Federal geothermal leases\nwithin the Monument as of the date of enactment of this Act and\nwho are listed in subsection (c) of this section are authorized,\nwithout penalty, to relinquish all rights to such leases on the terms\nand conditions provided in this section and section 10 of the Geo-\nthermal Steam Act of 1970. Such leases are depicted on the map\nentitled \"Geothermal Lease Compensation\" which is a part of the\nSurface Resource Analysis of Newberry Volcano.\nH.R. 3840-3\n(b) GEOTHERMAL LEASE EXCHANGE.-Upon the acceptance by the\nSecretary of the Interior of a lease relinquished pursuant to subsec-\ntion (a), the Secretary of the Interior shall immediately issue, in lieu\nthereof and in full compensation for such relinquishment, geo-\nthermal leases of like value as described in subsection (c). The leases\nissued in lieu of relinquished leases shall contain the terms and\nconditions prescribed in the Surface Resource Analysis of Newberry\nVolcano and the Land and Resource Management Plan for the\nDeschutes National Forest. dated August 1990. Consistent with such\nterms and conditions, such in-lieu leases shall be administered\nunder the Geothermal Steam Act of 1970.\n(c) DESCRIPTIONS.-(1) The parties (including their successors, or\nassignees), and lands referred to in subsection (a). are those specified\non the map referred to in subsection (a).\n(2) The leases to be issued pursuant to subsection (b) and the\ninterests in lands subject to such leases are as follows:\n(A) Within the Newberry Caldera Known Geothermal Re-\nsource Area, lease area 1, leases shall be issued with an undi-\nvided fractional interest distributed as follows:\n(i) 62.37 percent to California Energy Co., Inc.\n(ii) 35.09 percent to Christian F. Murer.\n(iii) 2.54 percent to Delta Funds. Inc.\n(B) Within the Newberry Caldera Known Geothermal Re-\nsource Area. lease area 2, leases shall be issued with an undi-\nvided fractional interest distributed as follows:\n0.84 percent to L.H. Armour. Jr.\n5.49 percent to Frances B. Bunn.\n1.73 percent to Robert B. Bunn.\n8.52 percent to Geo-Newberry Crater. Inc.\n15.10 percent to Hawthorn Oil Co.\n3.42 percent to Terry Allen Kramer.\n64.90 percent to George W. Waters.\n(C) Outside the Newberry Caldera Known Geothermal Re-\nsource Area. leases shall be issued for the approximate acreage\nnoted:\n(i) Lease Area 3-Robert B. Bunn-1.280.00 acres.\n(ii) Lease Area 4-Frances B. Bunn-1.240.00 acres.\n(iii) Lease Area 5-Geo-Newberry Crater. Inc.-2,928\nacres.\n(d) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING\nUNDER THE GEOTHERMAL STEAM AcT.-Following the expiration.\nrelinquishment, or termination of any geothermal lease issued for\nlands identified in subsection (c), except for lands situated within\nthe Special Management Area. such lands may be offered for lease\nunder the Geothermal Steam Act of 1970.\n(e) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING\nUNDER THIS AcT.-Following expiration. relinquishment, or termi-\nnation of a geothermal lease on lands identified in subsection (c).\nwithin the Special Management Area. lands shall be offered for\nlease as provided in section 4(a)(5) of this Act.\nif NONAPPLICABLE PROVISIONS.-The provisions of subsection (g) of\nsection 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and\n(g)) shall not apply to any geothermal lease within the Monument\nexisting on the date of enactment of this Act.\nSEC. I. SUBSURFACE RIGHTS.\n(a) WITHDRAWAL-\nH. R. 3840-4\n(1) MONUMENT.-Subject to valid existing rights. Federal\nlands within the Monument are hereby withdrawn from all\nforms of entry. appropriation, or disposal under the public land\nlaws. from location, entry, or patent under the mining laws, and\nfrom disposition under all mineral and geothermal leasing laws.\n(2) TRANSFERAL AREA.-Subject to valid existing rights, Fed-\neral lands within the Transferal Area are hereby withdrawn\nfrom all forms of entry, appropriation, or disposal under the\npublic land laws, from location, entry, or patent under the\nmining laws, and from disposition under all mineral and geo-\nthermal leasing laws. Upon completion of a well capable of\nproducing geothermal steam in commercial quantities. as de-\nfined in section 6(d) of the Geothermal Steam Act of 1970 (30\nU.S.C. 1005(d)) on valid existing leases within the Transferal\nArea, as determined by the Secretary of the Interior, the with-\ndrawal made by this subsection shall be revoked. and such lands\nshall be restored to the operation of the public land laws,\nmining laws, and mineral and geothermal leasing laws.\n(3) TRANSFERAL CORRIDOR.-Subject to valid existing rights,\nFederal lands within the Transferal Corridor are hereby with-\ndrawn from all forms of entry, appropriation, or disposal under\nthe public land laws, from location, entry or patent under the\nmining laws, and from disposition under all mineral and geo-\nthermal leasing laws.\n(4) TRANSFERAL AREA ADJACENT.-Subject to valid existing\nrights, Federal lands within the Transferal Area Adjacent are\nhereby withdrawn from all forms of entry. appropriation, or\ndisposal under the public land laws, from location. entry, or\npatent under the mining laws, and from disposition under all\nmineral leasing laws except the Geothermal Steam Act of 1970.\nUpon completion of a well capable of producing geothermal\nsteam in commercial quantities, as defined in section 6(d) of the\nGeothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the\nTransferal Area. as determined by the Secretary of the Interior.\nthis area will be managed as part of the Special Management\nArea and be governed by provisions in section 4(a)(5). Geo-\nthermal leases issued in this area shall contain stipulations that\nprohibit surface occupancy and no plans of operation will be\napproved by the Secretary until commercial quantities of geo-\nthermal resources are found within the Transferal Area.\n(5) SPECIAL MANAGEMENT AREA.-Subject to valid existing\nrights, Federal lands within the Special Management Area are\nhereby withdrawn from all forms of entry, appropriation, or\ndisposal under the public land laws, from location, entry, or\npatent under the mining laws, and under all mineral leasing\nlaws except the Geothermal Steam Act of 1970. Geothermal\nleases issued in this area shall contain stipulations that prohibit\nsurface occupancy and shall require that the Special Manage-\nment Area be entered only by directional drilling from outside\nthe Special Management Area boundaries. In the event that no\ncommercial quantities of geothermal resources are developed\nunder leases within 30 years after the date of enactment of this\nAct, the Secretary of the Interior is authorized and directed to\nwithdraw such areas in perpetuity from all further leasing\nunder the Geothermal Steam Act of 1970. Upon such with-\ndrawal, the Special Management Area designations shall termi-\nnate and such areas shall become part of the Monument. All or\nH. 3840-5\nportions of the Special Management Area may be withdrawn\nfrom the Geothermal Steam Act of 1970 and made a part of the\nMonument earlier at the joint discretion of the Secretaries of\nInterior and Agriculture. This provision shall in no way restrict\nthe Secretary's authority to acquire by purchase, donation or\nexchange any lease within the Special Management Area prior\nto the expiration of the term of years set forth in this\nparagraph.\n(b) GEOTHERMAL LEASE SALES.-(1) Within one year after the date\nof the enactment of this Act. pursuant to the Geothermal Steam Act\nof 1970, the Secretary of the Interior shall offer for lease by competi-\ntive bid the lands depicted on the map entitled \"Geothermal Lease\nSale Parcels,\" which is part of the Surface Resource Analysis of\nNewberry Volcano, with stipulations as provided therein.\n(2) Any of the lands described in paragraph (1) of this subsection\nwhich are not leased as a result of the first competitive bid offering,\nor any of the initial leases which are relinquished, terminated, or\notherwise canceled. may be reoffered by the Secretary of the In-\nterior for lease by competitive bid under the Geothermal Steam Act\nof 1970, except that all lands within the Special Management Area\nshall be subject to the leasing provisions of subsection (a)(5) of this\nAct.\n(c) AUTHORITY FOR PLANS OF OPERATION.-The Secretary of Agri-\nculture shall regulate all surface disturbing activities conducted\npursuant to any lease issued under this section and section 3 and\nshall determine reclamation and all other actions as required in the\ninterest of conservation of these resources. No permit to drill on a\ngeothermal lease for areas covered under this Act may be granted\nwithout the analysis and approval by the Secretary of Agriculture of\na plan of operations covering proposed surface disturbing activities\nwithin the lease area. In making such determination. the Secretary\nshall consider the effects of the proposed operations on the values\nfor which the Monument and Special Management Area were\nestablished.\nSEC. 5. FISH AND WILDLIFE.\nNothing in this Act shall be construed to affect the jurisdiction or\nresponsibilities of the State of Oregon with respect to fish and\nwildlife, including the regulation of hunting, fishing, and trapping,\nexcept that the Secretary may designate zones where, and establish\nperiods when. no hunting, fishing, or trapping shall be permitted for\nreasons of public safety, administration, or public use and enjoy-\nment. Except in emergencies, any regulations of the Secretary\npursuant to this section shall be put into effect only after consulta-\ntion with the Department of Fish and Wildlife of the State of Oregon\nor its successor agency.\nSEC. 6. MANAGEMENT PLAN.\n(a) IN GENERAL-(1) Within three fiscal years beginning after the\ndate of enactment of this Act, the Secretary shall develop a manage-\nment plan which shall address the lands established in section 1.\nThe management plan shall be developed in consultation with the\nCouncil (established by section 7), interested Federal, State, and\nlocal government agencies, and the public.\n(2) The management plan shall be periodically updated, amended,\nor revised as necessary and, at the discretion of the Secretary, such\nupdates, amendments. or revisions mav be done senerately :-\nH. R. 3840-6\nconjunction with land management planning for other adjacent\nareas of the Deschutes National Forest.\n(3) No actions taken under the authority of this Act shall require\nthe reconsideration, amendment, or revision of the Deschutes Na-\ntional Forest Land and Resource Management Plan prepared pursu-\nant to section 6 of the Forest and Rangeland Renewable Resources\nPlanning Act of 1974 (16 U.S.C. 1604). The management plan re-\nquired by paragraph (1) shall be incorporated into the Deschutes\nNational Forest Land and Resource Management Plan upon the\nregular revision of the the Deschutes National Forest Land and\nResource Management Plan.\n(b) ISSUES TO BE ADDRESSED BY MANAGEMENT PLAN.-Consistent\nwith the purposes for which the Monument and Special Manage-\nment Area were established, the Management Plan shall address at\nleast the following management issues:\n(1) Recreation, including consideration of a full range of\nexisting and appropriate new facilities and programs for recre-\nation during all seasons of the year.\n(2) Vegetation. including consideration of a full range of\nmanagement options, and a program to reestablish old growth\nponderosa pine ecosvstems.\n(3) Roads and facilities, including-\n(A) consideration of the general location, design, construc-\ntion. and maintenance criteria;\n(B) standards for motorized vehicle use:\n(C) traffic management; and\n(D) criteria for the closing and obliteration of roads.\n(4) Fire and fuel management prescriptions. including consid-\neration of a full range of management options for fuel hazard\nreduction and prescribed fire and fire control strategies to\nminimize the risk of catastrophic wildfire and to meet other\nresource objectives.\n(5) Wildlife management, including general prescriptions for\nwildlife habitat improvements.\n(6) Research. including identification and prioritization of\nresearch opportunities.\n(7) Monitoring. including monitoring needs for air, water,\nwildlife, soil, and other resources. The Secretary, in cooperation\nwith the Secretary of the Interior, shall maintain a research\nand monitoring program for geothermal resources for the pur-\npose of identifying and assessing the impact that present and\nproposed geothermal development in the vicinity of the Monu-\nment and Special Management Area may have on the values for\nwhich such Monument and Special Management Area were\nestablished.\n(8) Conflicts. including consideration of potential conflicts\namong uses and resources.\nSEC. 7. ADVISORY COUNCIL.\n(a) ESTABLISHMENT-There is hereby established the Newberry\nNational Volcanic Monument Advisory Council for the purpose of\nadvising the Secretary on the preparation of the initial management\nplan required by section 6(a) and on other matters at the Secretary's\nrequest.\n(b) MEMBERSHIP.-The Council shall be composed of 11 members\nappointed by the Secretary. as follows:\n(1) One member who represents the scientific community.\nH. 3840-7\n(2) One member who represents organized recreational in-\nterests.\n(3) One member who represents organized timber industry\ninterests.\n111 One member who represents organized geothermal indus-\ntry interests.\n(5) One member who represents organized tourism interests.\n(6) One member of the Deschutes County Board of Commis-\nsioners.\n(7) One member who represents organized environmental\ninterests.\n(8) One member who represents organized wildlife and fish\ninterests.\n(9) One at-large member from nominations submitted to the\nSecretary by the Governor of Oregon.\n(11) The Forest Supervisor, Deschutes National Forest. and\nthe District Manager. Prineville District. Bureau of Land\nManagement. who shall serve as nonvoting. ex officio members.\n(c) VACANCY.-A vacancy on the Council shall be filled in the\nsame manner as the original appointment.\n(d) QUORUM.-A quorum shall be 6 appointed members of the\nCouncil. The operations of the Council shall not be impaired by the\nfact that a member has not been appointed as long as a quorum has\nbeen attained.\n(e) CHAIRPERSON AND PROCEDURES-The Council shall elect a\nchairperson and establish such rules and procedures as it deems\nnecessary or desirable.\nin CONSULTATION.-The Secretary shall consult with the Council\non a periodic and regular basis with respect to the management\nplan.\n'g' PAY.-Members of the Council who are not full-time officers or\nemployees of the United States shall serve without pay. Members\nwho are full-time officers or employees of the United States shall\nreceive no additional pay by reason of their service on the Council.\n(h) SCIENTIFIC ADVISORY SUBCOMMITTEE-The Council may ap-\npoint a Scientific Advisory Subcommittee. to be chaired by the\nCouncil member who represents the scientific community. for the\npurposes of advising the Council on matters related to the manage-\nment plan. Subcommittee members shall be appointed for their\nexpertise and need not be members of the Council.\n(i) TERMINATION.-The Council and the Scientific Advisory Sub-\ncommittee. if any, shall cease to exist on the date upon which the\nmanagement plan is officially adopted by the Secretary. or later at\nthe discretion of the Secretary. except in no event shall the Council\nexist later than 5 years after the date of enactment of this Act.\nSEC. 8. SAVINGS PROVISIONS.\n(a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.-Nothing\nin this Act shall be construed as authorizing or directing the\nestablishment of protective perimeters or buffer zones around the\nMonument or Special Management Area for the purpose of preclud-\ning activities outside the Monument and Special Management Area\nboundary which would otherwise be permitted under applicable law.\nNothing in this Act shall be construed as limiting the existing\nauthority of the Secretary to take actions on Federal lands adjacent\nto the Monument and Special Management Area necessary to pro-\ntect public health and safety in emergencies. The fact that activities\nH.R. 3840-9\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\nThere are authorized to be appropriated such sums as may be\nnecessary to carry out this Act.\nThomas Speaker of the House of Representatives. S. Joly\nVice President the United States and\nActing President of the Senate, pro tempore\nDocument No. 18803655\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n11/2/90\nACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90\nENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT\nSUBJECT:\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nMCCLURE\nSUNUNU\nNEWMAN\nSCOWCROFT\nPORTER\nDARMAN\nROGICH\nCARD\nUNTERMEYER\nCICCONI\nCLERK\nDEMAREST\nFITZWATER\nGRAY\nHAGIN\nHOLIDAY\nREMARKS:\nPlease provide your comments/recommendations directly to my\noffice by close of business Monday, November 5. Thank you.\nRESPONSE:\nJames W. Cicconi\nAssistant to the President\nand Deputy to the Chief of Staff\nExt. 2702\n22JE088\\\n-\nOFFICE TRENDEND\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\n90 NOV -2 PM 43\nTHE DIRECTOR\nNovember 2, 1990\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 3840 - Newberry National Volcanic\nMonument\nSponsors - Rep. Smith (R) Oregon and two others\nLast Day for Action\nNovember 10, 1990 - Saturday\nPurpose\nEstablishes the Newberry National Volcanic Monument, in the\nState of Oregon, as a component of the National Forest System.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Agriculture\nApproval\nDepartment of Justice\nNo objection\n(Informally)\nDepartment of Energy\nNo objection\n(Informally)\nEnvironmental Protection Agency\nNo objection\n(Informally)\nDepartment of the Interior\nDefers to Agriculture\n(Informally)\nCouncil on Environmental Quality\nNo comment (Informally)\nGeneral Services Administration\nNo comment (Informally)\nDiscussion\nH.R. 3840 would establish the 56,000-acre Newberry National\nVolcanic Monument as a part of the Deschutes National Forest in\nOregon. The bill would specify the boundaries of the monument\nand provide for minor boundary changes under certain\ncircumstances.\nSubject to valid existing rights, Federal lands within the\nmonument boundaries would be withdrawn from use or disposal under\nthe public land, mining, and geothermal leasing laws. The\nSecretary of Agriculture would be required to administer the\nmonument in accordance with the laws, rules, and regulations\npertaining to the National Forest System and other specified\nmanagement requirements.\nApproximately 10,200 acres of land within the monument\nboundary are currently leased for geothermal exploration. The\nenrolled bill would cancel these leases and any existing leases\non a 300-acre plot of land (the Transferal Corridor) that bisects\nthe monument. The Secretary of the Interior would be directed to\nissue comparable leases on other lands as full compensation for\nthe canceled leases.\nThe enrolled bill would also provide for the management of\ndesignated areas outside the monument's boundaries that have the\npotential for geothermal energy development. Existing Federal\ngeothermal leases on an adjacent , 000-acre area (the Transferal\nArea) would be preserved. The Secretary of the Interior would be\nrequired to conduct geothermal lease sales on a designated 6,000-\nacre adjacent area (the Newberry Special Management Area and\nTransferal Area Adjacent) within one year after the date of\nenactment of this Act. Any leases issued would be subject to\ncertain conditions.\nWithin three fiscal years after the date of enactment of\nthis Act, the Secretary of Agriculture would be required to\ndevelop a management plan for the monument and the designated\nareas. The plan would be incorporated into the Deschutes\nNational Forest Land and Resources Management Plan.\nThe enrolled bill would also establish a Newberry National\nVolcanic Monument Advisory Council to advise the Secretary on the\npreparation of the management plan. Except for two Federal\nmembers, the 11-member council would be appointed by the\nSecretary from individuals representing specified environmental,\nscientific, and commercial interests. The council would\nterminate on the date that the plan is officially adopted by the\nSecretary. However, at the Secretary's discretion, its term\ncould be extended for up to five years after the date of\nenactment of this Act.\nFinally, H.R. 3840 would specify that nothing in this Act is\nto be construed as requiring the establishment of buffer zones\naround the monument or the adjacent designated areas. Nor would\nthis Act abrogate any existing timber sales or other contracts or\nagreements executed prior to the date of enactment. H.R. 3840\nwould authorize the appropriation of such sums as may be\nnecessary to carry out this Act.\n-2-\nConclusion and Recommendations\nIn its enrolled bill views letter, the Department of\nAgriculture advises that H.R. 3840 would provide the Secretaries\nof Agriculture and the Interior with \"appropriate\nauthorities to administer the unique and important\nresources found on, adjacent to, and under the proposed\nMonument.\" The Department concludes that \"approval of the bill\nwould complete the process of resolving many long-standing\ncontroversies regarding geothermal development in the Newberry\nVolcanoes area.\"\nWe join Agriculture in recommending approval of enrolled\nbill H.R. 3840, which passed both Houses of Congress by voice\nvote.\nName Aam\nRichard G. Darman\nDirector\nEnclosures\n-3-\nUNITED UNITED STATES STATES DEPARTMENT\nDEPARTMENT OF AGRICULTURE\nOFFICE OF THE SECRETARY\nWASHINGTON, D.C. 20250\nOctober 36 1990\nThe Honorable Richard G. Darman\nDirector, Office of Management\nand Budget\nWashington D.C. 20503\nDear Mr. Darman:\nAs requested by your office, here are our views on the enrolled bill,\nH.R. 3840, an act \"To establish the Newberry Volcanoes National Monument in the\nState of Oregon, and for other purposes.\"\nThe Department of Agriculture recommends that the President approve the\nenrolled bill.\nH.R. 3840 would establish the Newberry National Volcanic Monument in the State\nof Oregon to be administered by the Secretary of Agriculture. Although the\ntitle of the bill refers to the \"Newberry Volcanoes National Monument,\" the\nactual designation in section 1 refers to the \"Newberry National Volcanic\nMonument.\"\nThe Monument would be administered in accordance with certain management\nrequirements related to vegetation, recreation, roads, research, disease,\ninsect infestation, and fire hazard. Holders of existing Federal geothermal\nleases within the Monument would be authorized to relinquish such leases, and,\nin lieu thereof and in full compensation for such relinquishment, would be\nissued leases of like value outside the Monument. Also, within 1 year of\nenactment, the Secretary of the Interior would be required to offer for lease\ncertain lands, as depicted on a map referenced in the bill. Furthermore, the\nSecretary would be required to develop a management plan for the Monument, in\nconsultation with an advisory council that would be established.\nAt a hearing conducted by the Subcommittee on National Parks and Public Lands\nof the Committee on Interior and Insular Affairs, we testified that \"We\nenthusiastically support the enactment of H.R. 3840, if amended.\n\"\nSubsequently, the bill was amended to address all of our concerns.\nWe believe that H.R. 3840, as enrolled, would provide appropriate authorities\nto the Secretary of Agriculture and the Secretary of the Interior to administer\nthe unique and important resources found on, adjacent to, and under the\nproposed Monument. Furthermore, approval of the bill would complete the\nprocess of resolving many long-standing controversies regarding geothermal\ndevelopment in the Newberry Volcanoes area.\nSincerely,\nClayton Yeutter\nSecretary\n3840\nOne Hundred First Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Tuesday, the twenty-third day of January,\none thousand nine hundred and ninety\nAn Art\nTo establish the Newberry National Volcanic Monument in the State of Oregon, and\nfor other purposes.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled.\nSECTION 1. ESTABLISHMENT.\n(a) IN GENERAL-There is hereby established the Newberry Na-\ntional Volcanic Monument in the State of Oregon as a component of\nthe National Forest System in order to preserve and protect for\npresent and future generations its remarkable geologic landforms\nand for the purposes of providing for the conservation, protection,\ninterpretation. and enhancement of its ecological, botanical, sci-\nentific, scenic, recreational, cultural, and fish and wildlife resources.\n(b) AREA INCLUDED.-(1) The Monument shall comprise those\nlands generally depicted on the map entitled \"Newberry National\nVolcanic Monument\" and dated September 1990, which shall be on\nfile and available for public inspection in the Office of the Chief,\nForest Service, Department of Agriculture, Washington, District of\nColumbia.\n(2) The Newberry Special Management Area, the Transferal Area,\nthe Transferal Area Adjacent, and the Transferal Corridor shall\ncomprise those lands generally depicted as such on the map re-\nferred to in paragraph (1).\n(3) The Secretary may, by publication of a notice of availability of\na revised map and after public comment, make corrections or minor\nchanges to the boundary of the Monument or Special Management\nArea if such changes are-\n(A) necessary to facilitate management of the Monument,\nSpecial Management Area and the immediately surrounding\narea,\n(B) consistent with the purposes of this Act, and\n(C) noncontroversial.\nAny proposed boundary change shall be made pursuant to the\nNational Environmental Policy Act of 1969.\nSEC. 2. ADMINISTRATION.\n(a) IN GENERAL.-Subject to valid existing rights, the Secretary\nshall administer the Monument and Special Management Area in\naccordance with the laws, rules, and regulations pertaining to the\nNational Forest System and this Act as part of the Deschutes\nNational Forest.\n(b) TRANSFERAL AREA.-(1) Upon termination, cancellation, or\nrelinquishment of all Federal geothermal leases (numbered OR-\n12008. OR-11612, and OR-11613), the lands and mineral rights\nencompassed by such leases, and other Federal land identified as the\nTransferal Area on the map referred to in section 1(b)(1), shall\nbecome part of the Monument and shall be administered under this\nAct.\nH.R. 3840-2\n(2) The Transferal Corridor is a part of the Transferal Area and\nshall be managed as such, except as otherwise provided in section 4.\n(3) Prior to the termination. cancellation, or relinquishment of\nsuch geothermal leases, the Secretary of the Interior and the Sec-\nretary of Agriculture shall, to the extent practicable and consistent\nwith the Geothermal Steam Act of 1970 and rights under such\nleases, manage the Transferal Area under the laws, rules, and\nregulations pertaining to the National Forest System in such a\nmanner so as to preserve the natural values of the area which would\nqualify it for designation as a national monument.\n(4) Upon discovery of commercial quantities of geothermal re-\nsources, paragraphs (1), (2), and (3) shall no longer apply.\n(c) NEWBERRY SPECIAL MANAGEMENT AREA.-The area identified\non the map referred to in section 1(b)(1) as the Newberry Special\nManagement Area shall be managed as if it were part of the\nMonument, except as otherwise provided in section 4.\n(d) TRANSFERAL AREA ADJACENT.-The area identified on the map\nreferred to in section 1(b)(1) as the Transferal Area Adjacent is a\npart of the Special Management Area, except as otherwise provided\nin section 4.\n(e) MANAGEMENT REQUIREMENTS.-The Monument and Special\nManagement Area shall be administered in accordance with the\nfollowing management requirements:\n(1) Land management activities shall allow natural ecological\nsuccession of vegetation to continue to the maximum extent\npractical. as determined by the Secretary. Timber removal shall\nbe permitted only to the extent the Secretary determines nec-\nessary to achieve the purposes of this Act and to protect health\nand safety. Timber within the Monument and Special Manage-\nment Area shall not be considered part of the allowable sale\nquantity for the Deschutes National Forest.\n(2) Recreation uses and interpretive facilities shall be pro-\nvided, including (but not limited to) trails, campgrounds, re-\nsorts, and visitor centers, as identified in the management plan.\n(3) Roads shall be permitted in the Monument and Special\nManagement Area consistent with the purposes of this Act and\nin accordance with the management plan.\n(f) SCIENTIFIC RESEARCH.-Scientific research shall be allowed\nconsistent with the purposes for which the Monument was\nestablished.\n(g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.-The Sec-\nretary is authorized to take action to the extent practicable to\nensure that tree diseases, insect infestations, fire hazards, and fires\nwithin the Monument and Special Management Area do not seri-\nously threaten resources outside the Monument and Special\nManagement Area boundaries.\nSEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.\n(a) IN GENERAL-Those holders of all Federal geothermal leases\nwithin the Monument as of the date of enactment of this Act and\nwho are listed in subsection (c) of this section are authorized,\nwithout penalty, to relinquish all rights to such leases on the terms\nand conditions provided in this section and section 10 of the Geo-\nthermal Steam Act of 1970. Such leases are depicted on the map\nentitled \"Geothermal Lease Compensation\" which is a part of the\nSurface Resource Analysis of Newberry Volcano.\nH.R. 3840-3\n(b) GEOTHERMAL LEASE EXCHANGE. the acceptance by the\nSecretary of the Interior of a lease relinquished pursuant to subsec-\ntion (a), the Secretary of the Interior shall immediately issue, in lieu\nthereof and in full compensation for such relinquishment, geo-\nthermal leases of like value as described in subsection (c). The leases\nissued in lieu of relinquished leases shall contain the terms and\nconditions prescribed in the Surface Resource Analysis of Newberry\nVolcano and the Land and Resource Management Plan for the\nDeschutes National Forest. dated August 1990. Consistent with such\nterms and conditions. such in-lieu leases shall be administered\nunder the Geothermal Steam Act of 1970.\n(c) DESCRIPTIONS.-(1 The parties (including their successors, or\nassignees), and lands referred to in subsection (a), are those specified\non the map referred to in subsection (a).\n(2) The leases to be issued pursuant to subsection (b) and the\ninterests in lands subject to such leases are as follows:\n(A) Within the Newberry Caldera Known Geothermal Re-\nsource Area, lease area 1, leases shall be issued with an undi-\nvided fractional interest distributed as follows:\n(i) 62.37 percent to California Energy Co., Inc.\n(ii) 35.09 percent to Christian F. Murer.\n(iii) 2.54 percent to Delta Funds, Inc.\n(B) Within the Newberry Caldera Known Geothermal Re-\nsource Area, lease area 2, leases shall be issued with an undi-\nvided fractional interest distributed as follows:\n0.84 percent to L.H. Armour, Jr.\n5.49 percent to Frances B. Bunn.\n1.73 percent to Robert B. Bunn.\n8.52 percent to Geo-Newberry Crater. Inc.\n15.10 percent to Hawthorn Oil Co.\n3.42 percent to Terry Allen Kramer.\n64.90 percent to George W. Waters.\n(C) Outside the Newberry Caldera Known Geothermal Re-\nsource Area. leases shall be issued for the approximate acreage\nnoted:\n(i) Lease Area 3-Robert B. Bunn-1,280.00 acres.\n(ii) Lease Area -Frances B. Bunn-1,240.00 acres.\n(iii) Lease Area 5-Geo-Newberry Crater. Inc.-2.928\nacres.\n(d) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING\nUNDER THE GEOTHERMAL STEAM AcT.-Following the expiration,\nrelinquishment, or termination of any geothermal lease issued for\nlands identified in subsection (c), except for lands situated within\nthe Special Management Area, such lands may be offered for lease\nunder the Geothermal Steam Act of 1970.\n(e) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING\nUNDER THIS AcT.-Following expiration. relinquishment, or termi-\nnation of a geothermal lease on lands identified in subsection (c).\nwithin the Special Management Area, lands shall be offered for\nlease as provided in section 4(a)(5) of this Act.\n(f) NONAPPLICABLE PROVISIONS.-The provisions of subsection (g) of\nsection 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and\n(g)) shall not apply to any geothermal lease within the Monument\nexisting on the date of enactment of this Act.\nSEC. I. SUBSURFACE RIGHTS.\n(a) WITHDRAWAL-\nH. R. 3840-4\n(1) MONUMENT.-Subject to valid existing rights, Federal\nlands within the Monument are hereby withdrawn from all\nforms of entry, appropriation, or disposal under the public land\nlaws. from location, entry, or patent under the mining laws, and\nfrom disposition under all mineral and geothermal leasing laws.\n(2) TRANSFERAL AREA.-Subject to valid existing rights, Fed-\neral lands within the Transferal Area are hereby withdrawn\nfrom all forms of entry, appropriation, or disposal under the\npublic land laws, from location, entry, or patent under the\nmining laws, and from disposition under all mineral and geo-\nthermal leasing laws. Upon completion of a well capable of\nproducing geothermal steam in commercial quantities, as de-\nfined in section 6(d) of the Geothermal Steam Act of 1970 (30\nU.S.C. 1005(d)) on valid existing leases within the Transferal\nArea, as determined by the Secretary of the Interior, the with-\ndrawal made by this subsection shall be revoked. and such lands\nshall be restored to the operation of the public land laws,\nmining laws, and mineral and geothermal leasing laws.\n(3) TRANSFERAL CORRIDOR.-Subject to valid existing rights,\nFederal lands within the Transferal Corridor are hereby with-\ndrawn from all forms of entry, appropriation, or disposal under\nthe public land laws, from location, entry or patent under the\nmining laws, and from disposition under all mineral and geo-\nthermal leasing laws.\n(4) TRANSFERAL AREA ADJACENT.-Subject to valid existing\nrights, Federal lands within the Transferal Area Adjacent are\nhereby withdrawn from all forms of entry, appropriation, or\ndisposal under the public land laws, from location. entry. or\npatent under the mining laws, and from disposition under all\nmineral leasing laws except the Geothermal Steam Act of 1970.\nUpon completion of a well capable of producing geothermal\nsteam in commercial quantities, as defined in section 6(d) of the\nGeothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the\nTransferal Area, as determined by the Secretary of the Interior,\nthis area will be managed as part of the Special Management\nArea and be governed by provisions in section 4(a)(5). Geo-\nthermal leases issued in this area shall contain stipulations that\nprohibit surface occupancy and no plans of operation will be\napproved by the Secretary until commercial quantities of geo-\nthermal resources are found within the Transferal Area.\n(5) SPECIAL MANAGEMENT AREA.-Subject to valid existing\nrights, Federal lands within the Special Management Area are\nhereby withdrawn from all forms of entry, appropriation, or\ndisposal under the public land laws, from location, entry, or\npatent under the mining laws, and under all mineral leasing\nlaws except the Geothermal Steam Act of 1970. Geothermal\nleases issued in this area shall contain stipulations that prohibit\nsurface occupancy and shall require that the Special Manage-\nment Area be entered only by directional drilling from outside\nthe Special Management Area boundaries. In the event that no\ncommercial quantities of geothermal resources are developed\nunder leases within 30 years after the date of enactment of this\nAct, the Secretary of the Interior is authorized and directed to\nwithdraw such areas in perpetuity from all further leasing\nunder the Geothermal Steam Act of 1970. Upon such with-\ndrawal, the Special Management Area designations shall termi-\nnate and such areas shall become part of the Monument. All or\nH. 3840-5\nportions of the Special Management Area may be withdrawn\nfrom the Geothermal Steam Act of 1970 and made a part of the\nMonument earlier at the joint discretion of the Secretaries of\nInterior and Agriculture. This provision shall in no way restrict\nthe Secretary's authority to acquire by purchase, donation or\nexchange any lease within the Special Management Area prior\nto the expiration of the term of years set forth in this\nparagraph.\n(b) GEOTHERMAL LEASE SALES.-(1) Within one year after the date\nof the enactment of this Act. pursuant to the Geothermal Steam Act\nof 1970, the Secretary of the Interior shall offer for lease by competi-\ntive bid the lands depicted on the map entitled \"Geothermal Lease\nSale Parcels,\" which is part of the Surface Resource Analysis of\nNewberry Volcano, with stipulations as provided therein.\n(2) Any of the lands described in paragraph (1) of this subsection\nwhich are not leased as a result of the first competitive bid offering,\nor any of the initial leases which are relinquished, terminated, or\notherwise canceled, may be reoffered by the Secretary of the In-\nterior for lease by competitive bid under the Geothermal Steam Act\nof 1970, except that all lands within the Special Management Area\nshall be subject to the leasing provisions of subsection (a)(5) of this\nAct.\n(c) AUTHORITY FOR PLANS OF OPERATION.-The Secretary of Agri-\nculture shall regulate all surface disturbing activities conducted\npursuant to any lease issued under this section and section 3 and\nshall determine reclamation and all other actions as required in the\ninterest of conservation of these resources. No permit to drill on a\ngeothermal lease for areas covered under this Act may be granted\nwithout the analysis and approval by the Secretary of Agriculture of\na plan of operations covering proposed surface disturbing activities\nwithin the lease area. In making such determination, the Secretary\nshall consider the effects of the proposed operations on the values\nfor which the Monument and Special Management Area were\nestablished.\nSEC. 5. FISH AND WILDLIFE.\nNothing in this Act shall be construed to affect the jurisdiction or\nresponsibilities of the State of Oregon with respect to fish and\nwildlife, including the regulation of hunting, fishing, and trapping,\nexcept that the Secretary may designate zones where, and establish\nperiods when, no hunting, fishing, or trapping shall be permitted for\nreasons of public safety, administration, or public use and enjoy-\nment. Except in emergencies, any regulations of the Secretary\npursuant to this section shall be put into effect only after consulta-\ntion with the Department of Fish and Wildlife of the State of Oregon\nor its successor agency.\nSEC. 6. MANAGEMENT PLAN.\n(a) IN GENERAL.-(1) Within three fiscal years beginning after the\ndate of enactment of this Act, the Secretary shall develop a manage-\nment plan which shall address the lands established in section 1.\nThe management plan shall be developed in consultation with the\nCouncil (established by section 71, interested Federal, State, and\nlocal government agencies, and the public.\n(2) The management plan shall be periodically updated, amended,\nor revised as necessary and, at the discretion of the Secretary, such\nupdates. amendments. or revisions mav be done senarately or in\nH. R. 3840-6\nconjunction with land management planning for other adjacent\nareas of the Deschutes National Forest.\n(3) No actions taken under the authority of this Act shall require\nthe reconsideration, amendment, or revision of the Deschutes Na-\ntional Forest Land and Resource Management Plan prepared pursu-\nant to section 6 of the Forest and Rangeland Renewable Resources\nPlanning Act of 1974 (16 U.S.C. 1604). The management plan re-\nquired by paragraph (1) shall be incorporated into the Deschutes\nNational Forest Land and Resource Management Plan upon the\nregular revision of the the Deschutes National Forest Land and\nResource Management Plan.\n(b) ISSUES TO BE ADDRESSED BY MANAGEMENT PLAN.-Consistent\nwith the purposes for which the Monument and Special Manage-\nment Area were established, the Management Plan shall address at\nleast the following management issues:\n(1) Recreation, including consideration of a full range of\nexisting and appropriate new facilities and programs for recre-\nation during all seasons of the year.\n(2) Vegetation, including consideration of a full range of\nmanagement options, and a program to reestablish old growth\nponderosa pine ecosystems.\n(3) Roads and facilities, including-\n(A) consideration of the general location. design, construc-\ntion. and maintenance criteria;\n(B) standards for motorized vehicle use:\nC) traffic management; and\n(D) criteria for the closing and obliteration of roads.\n(4) Fire and fuel management prescriptions. including consid-\neration of a full range of management options for fuel hazard\nreduction and prescribed fire and fire control strategies to\nminimize the risk of catastrophic wildfire and to meet other\nresource objectives.\n(5) Wildlife management, including general prescriptions for\nwildlife habitat improvements.\n(6) Research, including identification and prioritization of\nresearch opportunities.\n(7) Monitoring. including monitoring needs for air, water,\nwildlife, soil, and other resources. The Secretary, in cooperation\nwith the Secretary of the Interior, shall maintain a research\nand monitoring program for geothermal resources for the pur-\npose of identifying and assessing the impact that present and\nproposed geothermal development in the vicinity of the Monu-\nment and Special Management Area may have on the values for\nwhich such Monument and Special Management Area were\nestablished.\n(8) Conflicts, including consideration of potential conflicts\namong uses and resources.\nSEC. 7. ADVISORY COUNCIL.\n(a) ESTABLISHMENT.-There is hereby established the Newberry\nNational Volcanic Monument Advisory Council for the purpose of\nadvising the Secretary on the preparation of the initial management\nplan required by section 6(a) and on other matters at the Secretary's\nrequest.\n(b) MEMBERSHIP.-The Council shall be composed of 11 members\nappointed by the Secretary, as follows:\n(1) One member who represents the scientific community.\nH. 3840-7\n(2) One member who represents organized recreational in-\nterests.\n(3) One member who represents organized timber industry\ninterests.\n111 One member who represents organized geothermal indus-\ntry interests.\n(5) One member who represents organized tourism interests.\n(6) One member of the Deschutes County Board of Commis-\nsioners.\n(7) One member who represents organized environmental\ninterests.\n(8) One member who represents organized wildlife and fish\ninterests.\n(9) One at-large member from nominations submitted to the\nSecretary by the Governor of Oregon.\n(10) The Forest Supervisor, Deschutes National Forest. and\nthe District Manager, Prineville District. Bureau of Land\nManagement, who shall serve as nonvoting, ex officio members.\n(c) VACANCY.-A vacancy on the Council shall be filled in the\nsame manner as the original appointment.\n(d) QUORUM.-A quorum shall be 6 appointed members of the\nCouncil. The operations of the Council shall not be impaired by the\nfact that a member has not been appointed as long as a quorum has\nbeen attained.\n(e) CHAIRPERSON AND PROCEDURES.-The Council shall elect a\nchairperson and establish such rules and procedures as it deems\nnecessary or desirable.\nin CONSULTATION.- The Secretary shall consult with the Council\non a periodic and regular basis with respect to the management\nplan.\n(g) PAY.-Members of the Council who are not full-time officers or\nemployees of the United States shall serve without pay. Members\nwho are full-time officers or employees of the United States shall\nreceive no additional pay by reason of their service on the Council.\n(h) SCIENTIFIC ADVISORY SUBCOMMITTEE.-The Council may ap-\npoint a Scientific Advisory Subcommittee. to be chaired by the\nCouncil member who represents the scientific community. for the\npurposes of advising the Council on matters related to the manage-\nment plan. Subcommittee members shall be appointed for their\nexpertise and need not be members of the Council.\n(i) TERMINATION.-The Council and the Scientific Advisory Sub-\ncommittee. if any, shall cease to exist on the date upon which the\nmanagement plan is officially adopted by the Secretary. or later at\nthe discretion of the Secretary. except in no event shall the Council\nexist later than 5 years after the date of enactment of this Act.\nSEC. 8. SAVINGS PROVISIONS.\n(a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.-Nothing\nin this Act shall be construed as authorizing or directing the\nestablishment of protective perimeters or buffer zones around the\nMonument or Special Management Area for the purpose of preclud-\ning activities outside the Monument and Special Management Area\nboundary which would otherwise be permitted under applicable law.\nNothing in this Act shall be construed as limiting the existing\nauthority of the Secretary to take actions on Federal lands adjacent\nto the Monument and Special Management Area necessary to pro-\ntect public health and safety in emergencies. The fact that activities\nH. R. 3840-8\nor uses outside the Monument and Special Management Area can be\nseen, heard, measured, or otherwise perceived within the Monument\nand Special Management Area shall not, of themselves, limit, re-\nstrict, or preclude such activities or uses up to the boundary of the\nMonument and the Special Management Area.\n(b) CONTRACTS.-Nothing in this Act shall limit, restrict, or pre-\nclude the implementation of valid timber sale contracts or other\ncontracts or agreements executed by the Secretary or the Secretary\nof the Interior prior to the date of enactment of this Act.\n(c) ADMINISTRATION OF GEOTHERMAL STEAM ACT OF 1970.-Except\nas specifically provided in sections 3 and 4. nothing in this Act shall\nbe construed to affect the authority of the Secretary of the Interior\nto administer the Geothermal Steam Act of 1970 630 U.S.C. 1001 et\nseq.).\nSEC. 9. DEFINITIONS.\nAs used in this Act:\n(1) the term \"allowable sale quantity\" has the same meaning\nas such term has in section 13 of the Forest and Rangeland\nRenewable Resources Planning Act of 1974 (16 U.S.C. 1611).\n(2) The term \"Council\" means the Newberry National Vol-\ncanic Monument Advisory Council established by section 7.\n(3) The term \"Management Plan\" means the plan developed\nunder section 6.\n(4) The term \"Monument\" means the Newberry National\nVolcanic Monument established by section 1.\n(i) The term \"Newberry Caldera Known Geothermal Re-\nsource Area\" refers to the area established by the United States\nGeological Survey in 1974 and identified on the map referred to\nin section 3(a).\n(6) The term \"Special Management Area\" means the\nNewberry Special Management Area established by section 1.\n(7) The term \"Secretary\" means the Secretary of Agriculture.\n(8) The term \"Surface Resource Analysis of Newberry Vol-\ncano\" means the document dated September 1990. prepared by\nthe Forest Service and the Bureau of Land Management, and\navailable for public inspection in the Office of the Chief. United\nStates Forest Service. United States Department of Agriculture,\nWashington. District of Columbia.\n(9) The terms \"Transferal Area\", \"Transferal Corridor\" and\n\"Transferal Area Adjacent\" mean the areas established by\nsection 1.\nH.R. 3840-9\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\nThere are authorized to be appropriated such sums as may be\nnecessary to carry out this Act.\nThomas Speaker of the House of Representatives. S. Joly\nVice President the United States and\nActing President of the Senate, pro tempore\nPRESE in PRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nNOV -2 PM 43\nTHE DIRECTOR\nNovember 2, 1990\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 3840 - Newberry National Volcanic\nMonument\nSponsors - Rep. Smith (R) Oregon and two others\nLast Day for Action\nNovember 10, 1990 - Saturday\nPurpose\nEstablishes the Newberry National Volcanic Monument, in the\nState of Oregon, as a component of the National Forest System.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Agriculture\nApproval\nDepartment of Justice\nNo objection\n(Informally)\nDepartment of Energy\nNo objection\n(Informally)\nEnvironmental Protection Agency\nNo objection\n(Informally)\nDepartment of the Interior\nDefers to Agriculture\n(Informally)\nCouncil on Environmental Quality\nNo comment (Informally)\nGeneral Services Administration\nNo comment (Informally)\nDiscussion\nH.R. 3840 would establish the 56,000-acre Newberry National\nVolcanic Monument as a part of the Deschutes National Forest in\nOregon. The bill would specify the boundaries of the monument\nand provide for minor boundary changes under certain\ncircumstances.\nSubject to valid existing rights, Federal lands within the\nmonument boundaries would be withdrawn from use or disposal under\nthe public land, mining, and geothermal leasing laws. The\nSecretary of Agriculture would be required to administer the\nmonument in accordance with the laws, rules, and regulations\npertaining to the National Forest System and other specified\nmanagement requirements.\nApproximately 10,200 acres of land within the monument\nboundary are currently leased for geothermal exploration. The\nenrolled bill would cancel these leases and any existing leases\non a 300-acre plot of land (the Transferal Corridor) that bisects\nthe monument. The Secretary of the Interior would be directed to\nissue comparable leases on other lands as full compensation for\nthe canceled leases.\nThe enrolled bill would also provide for the management of\ndesignated areas outside the monument's boundaries that have the\npotential for geothermal energy development. Existing Federal\ngeothermal leases on an adjacent 4,000-acre area (the Transferal\nArea) would be preserved. The Secretary of the Interior would be\nrequired to conduct geothermal lease sales on a designated 6,000-\nacre adjacent area (the Newberry Special Management Area and\nTransferal Area Adjacent) within one year after the date of\nenactment of this Act. Any leases issued would be subject to\ncertain conditions.\nWithin three fiscal years after the date of enactment of\nthis Act, the Secretary of Agriculture would be required to\ndevelop a management plan for the monument and the designated\nareas. The plan would be incorporated into the Deschutes\nNational Forest Land and Resources Management Plan.\nThe enrolled bill would also establish a Newberry National\nVolcanic Monument Advisory Council to advise the Secretary on the\npreparation of the management plan. Except for two Federal\nmembers, the 11-member council would be appointed by the\nSecretary from individuals representing specified environmental,\nscientific, and commercial interests. The council would\nterminate on the date that the plan is officially adopted by the\nSecretary. However, at the Secretary's discretion, its term\ncould be extended for up to five years after the date of\nenactment of this Act.\nFinally, H.R. 3840 would specify that nothing in this Act is\nto be construed as requiring the establishment of buffer zones\naround the monument or the adjacent designated areas. Nor would\nthis Act abrogate any existing timber sales or other contracts or\nagreements executed prior to the date of enactment. H.R. 3840\nwould authorize the appropriation of such sums as may be\nnecessary to carry out this Act.\n-2-\nConclusion and Recommendations\nIn its enrolled bill views letter, the Department of\nAgriculture advises that H.R. 3840 would provide the Secretaries\nof Agriculture and the Interior with \"appropriate\nauthorities to administer the unique and important\nresources found on, adjacent to, and under the proposed\nMonument.\" The Department concludes that \"approval of the bill\nwould complete the process of resolving many long-standing\ncontroversies regarding geothermal development in the Newberry\nVolcanoes area.\"\nWe join Agriculture in recommending approval of enrolled\nbill H.R. 3840, which passed both Houses of Congress by voice\nvote.\nName Dam\nRichard G. Darman\nDirector\nEnclosures\n-3-\nDocument No. 1880365\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n11/2/90\nACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90\nENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT\nSUBJECT:\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nMCCLURE OK\nSUNUNU\nNEWMAN\nSCOWCROFT\nPORTER\nDARMAN\nROGICH\nCARD\nUNTERMEYER\nCICCONI\nCLERK\nDEMAREST\nFITZWATER\nGRAY\nHAGIN\nHOLIDAY No Comment\nREMARKS:\nPlease provide your comments/recommendations directly to my\noffice by close of business Monday, November 5. Thank you.\nRESPONSE:\nJames W. Cicconi\nAssistant to the President\nand Deputy to the Chief of Staff\nExt. 2702\n5. JE088\\\nL\n\"\n1/11/11 \"\n7\n111\nUNITED DEPARTMENT OF\nDEPARTMENT OF AGRICULTURE\nOFFICE OF THE SECRETARY\nWASHINGTON, D.C. 20250\nOctober\n1990\nThe Honorable Richard G. Darman\nDirector, Office of Management\nand Budget\nWashington D.C. 20503\nDear Mr. Darman:\nAs requested by your office, here are our views on the enrolled bill,\nH.R. 3840, an act \"To establish the Newberry Volcanoes National Monument in the\nState of Oregon, and for other purposes.\"\nThe Department of Agriculture recommends that the President approve the\nenrolled bill.\nH.R. 3840 would establish the Newberry National Volcanic Monument in the State\nof Oregon to be administered by the Secretary of Agriculture. Although the\ntitle of the bill refers to the \"Newberry Volcanoes National Monument,\" the\nactual designation in section 1 refers to the \"Newberry National Volcanic\nMonument.\"\nThe Monument would be administered in accordance with certain management\nrequirements related to vegetation, recreation, roads, research, disease,\ninsect infestation, and fire hazard. Holders of existing Federal geothermal\nleases within the Monument would be authorized to relinquish such leases, and,\nin lieu thereof and in full compensation for such relinquishment, would be\nissued leases of like value outside the Monument. Also, within 1 year of\nenactment, the Secretary of the Interior would be required to offer for lease\ncertain lands, as depicted on a map referenced in the bill. Furthermore, the\nSecretary would be required to develop a management plan for the Monument, in\nconsultation with an advisory council that would be established.\nAt a hearing conducted by the Subcommittee on National Parks and Public Lands\nof the Committee on Interior and Insular Affairs, we testified that \"We\nenthusiastically support the enactment of H.R. 3840, if amended.\n\"\nSubsequently, the bill was amended to address all of our concerns.\nWe believe that H.R. 3840, as enrolled, would provide appropriate authorities\nto the Secretary of Agriculture and the Secretary of the Interior to administer\nthe unique and important resources found on, adjacent to, and under the\nproposed Monument. Furthermore, approval of the bill would complete the\nprocess of resolving many long-standing controversies regarding geothermal\ndevelopment in the Newberry Volcanoes area.\nSincerely,\nJary Clay Yeutter\nSecretary\nRECEIVED\n90 OCT 26 P4: 19\nH.R. 3840\nOne Hundred First Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Tuesday, the twenty-third day of January,\none thousand nine hundred and ninety\nAn Act\nTo establish the Newberry National Volcanic Monument in the State of Oregon, and\nfor other purposes.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled,\nSECTION 1. ESTABLISHMENT.\n(a) IN GENERAL-There is hereby established the Newberry Na-\ntional Volcanic Monument in the State of Oregon as a component of\nthe National Forest System in order to preserve and protect for\npresent and future generations its remarkable geologic landforms\nand for the purposes of providing for the conservation, protection,\ninterpretation, and enhancement of its ecological, botanical, sci-\nentific, scenic, recreational, cultural, and fish and wildlife resources.\n(b) AREA INCLUDED.-(1) The Monument shall comprise those\nlands generally depicted on the map entitled \"Newberry National\nVolcanic Monument\" and dated September 1990, which shall be on\nfile and available for public inspection in the Office of the Chief,\nForest Service, Department of Agriculture, Washington, District of\nColumbia.\n(2) The Newberry Special Management Area, the Transferal Area,\nthe Transferal Area Adjacent, and the Transferal Corridor shall\ncomprise those lands generally depicted as such on the map re-\nferred to in paragraph (1).\n(3) The Secretary may, by publication of a notice of availability of\na revised map and after public comment. make corrections or minor\nchanges to the boundary of the Monument or Special Management\nArea if such changes are-\n(A) necessary to facilitate management of the Monument,\nSpecial Management Area and the immediately surrounding\narea,\n(B) consistent with the purposes of this Act, and\n(C) noncontroversial.\nAny proposed boundary change shall be made pursuant to the\nNational Environmental Policy Act of 1969.\nSEC. 2. ADMINISTRATION.\n(a) IN GENERAL-Subject to valid existing rights, the Secretary\nshall administer the Monument and Special Management Area in\naccordance with the laws, rules, and regulations pertaining to the\nNational Forest System and this Act as part of the Deschutes\nNational Forest.\n(b) TRANSFERAL AREA.-(1) Upon termination, cancellation, or\nrelinquishment of all Federal geothermal leases (numbered OR-\n12008, OR-11612, and OR-11613), the lands and mineral rights\nencompassed by such leases, and other Federal land identified as the\nTransferal Area on the map referred to in section 1(b)(1), shall\nbecome part of the Monument and shall be administered under this\nAct.\nH. R. 3840-2\n(2) The Transferal Corridor is a part of the Transferal Area and\nshall be managed as such, except as otherwise provided in section 4.\n(3) Prior to the termination, cancellation, or relinquishment of\nsuch geothermal leases, the Secretary of the Interior and the Sec-\nretary of Agriculture shall, to the extent practicable and consistent\nwith the Geothermal Steam Act of 1970 and rights under such\nleases, manage the Transferal Area under the laws, rules, and\nregulations pertaining to the National Forest System in such a\nmanner so as to preserve the natural values of the area which would\nqualify it for designation as a national monument.\n(4) Upon discovery of commercial quantities of geothermal re-\nsources, paragraphs (1), (2), and (3) shall no longer apply.\n(c) NEWBERRY SPECIAL MANAGEMENT AREA.-The area identified\non the map referred to in section 1(b)(1) as the Newberry Special\nManagement Area shall be managed as if it were part of the\nMonument, except as otherwise provided in section 4.\n(d) TRANSFERAL AREA ADJACENT.-The area identified on the map\nreferred to in section 1(b)(1) as the Transferal Area Adjacent is a\npart of the Special Management Area, except as otherwise provided\nin section 4.\n(e) MANAGEMENT REQUIREMENTS.-The Monument and Special\nManagement Area shall be administered in accordance with the\nfollowing management requirements:\n(1) Land management activities shall allow natural ecological\nsuccession of vegetation to continue to the maximum extent\npractical, as determined by the Secretary. Timber removal shall\nbe permitted only to the extent the Secretary determines nec-\nessary to achieve the purposes of this Act and to protect health\nand safety. Timber within the Monument and Special Manage-\nment Area shall not be considered part of the allowable sale\nquantity for the Deschutes National Forest.\n(2) Recreation uses and interpretive facilities shall be pro-\nvided. including (but not limited to) trails, campgrounds, re-\nsorts, and visitor centers, as identified in the management plan.\n(3) Roads shall be permitted in the Monument and Special\nManagement Area consistent with the purposes of this Act and\nin accordance with the management plan.\n(f) SCIENTIFIC RESEARCH.-Scientific research shall be allowed\nconsistent with the purposes for which the Monument was\nestablished.\n(g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.-The Sec-\nretary is authorized to take action to the extent practicable to\nensure that tree diseases, insect infestations, fire hazards, and fires\nwithin the Monument and Special Management Area do not seri-\nously threaten resources outside the Monument and Special\nManagement Area boundaries.\nSEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.\n(a) IN GENERAL-Those holders of all Federal geothermal leases\nwithin the Monument as of the date of enactment of this Act and\nwho are listed in subsection (c) of this section are authorized,\nwithout penalty, to relinquish all rights to such leases on the terms\nand conditions provided in this section and section 10 of the Geo-\nthermal Steam Act of 1970. Such leases are depicted on the map\nentitled \"Geothermal Lease Compensation\" which is a part of the\nSurface Resource Analysis of Newberry Volcano.\nH. R. 3840-3\n(b) GEOTHERMAL LEASE EXCHANGE.-Upon the acceptance by the\nSecretary of the Interior of a lease relinquished pursuant to subsec-\ntion (a), the Secretary of the Interior shall immediately issue, in lieu\nthereof and in full compensation for such relinquishment, geo-\nthermal leases of like value as described in subsection (c). The leases\nissued in lieu of relinquished leases shall contain the terms and\nconditions prescribed in the Surface Resource Analysis of Newberry\nVolcano and the Land and Resource Management Plan for the\nDeschutes National Forest. dated August 1990. Consistent with such\nterms and conditions, such in-lieu leases shall be administered\nunder the Geothermal Steam Act of 1970.\n(c) DESCRIPTIONS.-(1) The parties (including their successors, or\nassignees), and lands referred to in subsection (a), are those specified\non the map referred to in subsection (a).\n(2) The leases to be issued pursuant to subsection (b) and the\ninterests in lands subject to such leases are as follows:\n(A) Within the Newberry Caldera Known Geothermal Re-\nsource Area, lease area 1, leases shall be issued with an undi-\nvided fractional interest distributed as follows:\n(i) 62.37 percent to California Energy Co., Inc.\n(ii) 35.09 percent to Christian F. Murer.\n(iii) 2.54 percent to Delta Funds, Inc.\n(B) Within the Newberry Caldera Known Geothermal Re-\nsource Area, lease area 2, leases shall be issued with an undi-\nvided fractional interest distributed as follows:\n0.84 percent to L.H. Armour, Jr.\n5.49 percent to Frances B. Bunn.\n1.73 percent to Robert B. Bunn.\n8.52 percent to Geo-Newberry Crater. Inc.\n15.10 percent to Hawthorn Oil Co.\n3.42 percent to Terry Allen Kramer.\n64.90 percent to George W. Waters.\n(C) Outside the Newberry Caldera Known Geothermal Re-\nsource Area. leases shall be issued for the approximate acreage\nnoted:\n(i) Lease Area 3-Robert B. Bunn-1.280.00 acres.\n(ii) Lease Area 1-Frances B. Bunn-1.240.00 acres.\n(iii) Lease Area 5-Geo-Newberry Crater. Inc.-2,928\nacres.\n(d) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING\nUNDER THE GEOTHERMAL STEAM AcT.-Following the expiration,\nrelinquishment, or termination of any geothermal lease issued for\nlands identified in subsection (c), except for lands situated within\nthe Special Management Area, such lands may be offered for lease\nunder the Geothermal Steam Act of 1970.\n(e) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING\nUNDER THIS AcT.-Following expiration. relinquishment, or termi-\nnation of a geothermal lease on lands identified in subsection (c).\nwithin the Special Management Area, lands shall be offered for\nlease as provided in section 4(a)(5) of this Act.\n(f) NONAPPLICABLE PROVISIONS.-The provisions of subsection (g) of\nsection 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and\n(g)) shall not apply to any geothermal lease within the Monument\nexisting on the date of enactment of this Act.\nSEC. 1. SUBSURFACE RIGHTS.\n(a) WITHDRAWAL.-\nH. R. 3840-4\n(1) MONUMENT.-Subject to valid existing rights, Federal\nlands within the Monument are hereby withdrawn from all\nforms of entry, appropriation, or disposal under the public land\nlaws. from location, entry, or patent under the mining laws, and\nfrom disposition under all mineral and geothermal leasing laws.\n(2) TRANSFERAL AREA.-Subject to valid existing rights, Fed-\neral lands within the Transferal Area are hereby withdrawn\nfrom all forms of entry, appropriation, or disposal under the\npublic land laws, from location, entry, or patent under the\nmining laws, and from disposition under all mineral and geo-\nthermal leasing laws. Upon completion of a well capable of\nproducing geothermal steam in commercial quantities, as de-\nfined in section 6(d) of the Geothermal Steam Act of 1970 (30\nU.S.C. 1005(d)) on valid existing leases within the Transferal\nArea, as determined by the Secretary of the Interior, the with-\ndrawal made by this subsection shall be revoked. and such lands\nshall be restored to the operation of the public land laws,\nmining laws, and mineral and geothermal leasing laws.\n(3) TRANSFERAL CORRIDOR.-Subject to valid existing rights,\nFederal lands within the Transferal Corridor are hereby with-\ndrawn from all forms of entry, appropriation, or disposal under\nthe public land laws, from location, entry or patent under the\nmining laws, and from disposition under all mineral and geo-\nthermal leasing laws.\n(4) TRANSFERAL AREA ADJACENT.-Subject to valid existing\nrights, Federal lands within the Transferal Area Adjacent are\nhereby withdrawn from all forms of entry, appropriation, or\ndisposal under the public land laws, from location. entry. or\npatent under the mining laws, and from disposition under all\nmineral leasing laws except the Geothermal Steam Act of 1970.\nUpon completion of a well capable of producing geothermal\nsteam in commercial quantities, as defined in section 6(d) of the\nGeothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the\nTransferal Area, as determined by the Secretary of the Interior,\nthis area will be managed as part of the Special Management\nArea and be governed by provisions in section 4(a)(5). Geo-\nthermal leases issued in this area shall contain stipulations that\nprohibit surface occupancy and no plans of operation will be\napproved by the Secretary until commercial quantities of geo-\nthermal resources are found within the Transferal Area.\n(5) SPECIAL MANAGEMENT AREA.-Subject to valid existing\nrights, Federal lands within the Special Management Area are\nhereby withdrawn from all forms of entry, appropriation, or\ndisposal under the public land laws, from location, entry, or\npatent under the mining laws, and under all mineral leasing\nlaws except the Geothermal Steam Act of 1970. Geothermal\nleases issued in this area shall contain stipulations that prohibit\nsurface occupancy and shall require that the Special Manage-\nment Area be entered only by directional drilling from outside\nthe Special Management Area boundaries. In the event that no\ncommercial quantities of geothermal resources are developed\nunder leases within 30 years after the date of enactment of this\nAct, the Secretary of the Interior is authorized and directed to\nwithdraw such areas in perpetuity from all further leasing\nunder the Geothermal Steam Act of 1970. Upon such with-\ndrawal. the Special Management Area designations shall termi-\nnate and such areas shall become part of the Monument. All or\nH. 3840-5\nportions of the Special Management Area may be withdrawn\nfrom the Geothermal Steam Act of 1970 and made a part of the\nMonument earlier at the joint discretion of the Secretaries of\nInterior and Agriculture. This provision shall in no way restrict\nthe Secretary's authority to acquire by purchase, donation or\nexchange any lease within the Special Management Area prior\nto the expiration of the term of years set forth in this\nparagraph.\n(b) GEOTHERMAL LEASE SALES.-(1) Within one year after the date\nof the enactment of this Act. pursuant to the Geothermal Steam Act\nof 1970, the Secretary of the Interior shall offer for lease by competi-\ntive bid the lands depicted on the map entitled \"Geothermal Lease\nSale Parcels,\" which is part of the Surface Resource Analysis of\nNewberry Volcano, with stipulations as provided therein.\n(2) Any of the lands described in paragraph (1) of this subsection\nwhich are not leased as a result of the first competitive bid offering,\nor any of the initial leases which are relinquished, terminated, or\notherwise canceled, may be reoffered by the Secretary of the In-\nterior for lease by competitive bid under the Geothermal Steam Act\nof 1970, except that all lands within the Special Management Area\nshall be subject to the leasing provisions of subsection (a)(5) of this\nAct.\n(c) AUTHORITY FOR PLANS OF OPERATION.-The Secretary of Agri-\nculture shall regulate all surface disturbing activities conducted\npursuant to any lease issued under this section and section 3 and\nshall determine reclamation and all other actions as required in the\ninterest of conservation of these resources. No permit to drill on a\ngeothermal lease for areas covered under this Act may be granted\nwithout the analysis and approval by the Secretary of Agriculture of\na plan of operations covering proposed surface disturbing activities\nwithin the lease area. In making such determination. the Secretary\nshall consider the effects of the proposed operations on the values\nfor which the Monument and Special Management Area were\nestablished.\nSEC. 5. FISH AND WILDLIFE\nNothing in this Act shall be construed to affect the jurisdiction or\nresponsibilities of the State of Oregon with respect to fish and\nwildlife, including the regulation of hunting, fishing, and trapping,\nexcept that the Secretary may designate zones where, and establish\nperiods when, no hunting, fishing, or trapping shall be permitted for\nreasons of public safety, administration, or public use and enjoy-\nment. Except in emergencies, any regulations of the Secretary\npursuant to this section shall be put into effect only after consulta-\ntion with the Department of Fish and Wildlife of the State of Oregon\nor its successor agency.\nSEC. 6. MANAGEMENT PLAN.\n(a) IN GENERAL.-(1) Within three fiscal years beginning after the\ndate of enactment of this Act, the Secretary shall develop a manage-\nment plan which shall address the lands established in section 1.\nThe management plan shall be developed in consultation with the\nCouncil (established by section 7), interested Federal, State, and\nlocal government agencies, and the public.\n(2) The management plan shall be periodically updated, amended,\nor revised as necessary and, at the discretion of the Secretary, such\nundates amendments or revisions may be done senarately or in\nH. R. 3840-6\nconjunction with land management planning for other adjacent\nareas of the Deschutes National Forest.\n(3) No actions taken under the authority of this Act shall require\nthe reconsideration, amendment, or revision of the Deschutes Na-\ntional Forest Land and Resource Management Plan prepared pursu-\nant to section 6 of the Forest and Rangeland Renewable Resources\nPlanning Act of 1974 (16 U.S.C. 1604). The management plan re-\nquired by paragraph (1) shall be incorporated into the Deschutes\nNational Forest Land and Resource Management Plan upon the\nregular revision of the the Deschutes National Forest Land and\nResource Management Plan.\n(b) ISSUES TO BE ADDRESSED BY MANAGEMENT PLAN.-Consistent\nwith the purposes for which the Monument and Special Manage-\nment Area were established, the Management Plan shall address at\nleast the following management issues:\n(1) Recreation, including consideration of a full range of\nexisting and appropriate new facilities and programs for recre-\nation during all seasons of the year.\n(2) Vegetation, including consideration of a full range of\nmanagement options, and a program to reestablish old growth\nponderosa pine ecosvstems.\n(3) Roads and facilities, including-\n(A) consideration of the general location, design, construc-\ntion. and maintenance criteria:\n(B) standards for motorized vehicle use:\n(C) traffic management; and\n(D) criteria for the closing and obliteration of roads.\n(4) Fire and fuel management prescriptions. including consid-\neration of a full range of management options for fuel hazard\nreduction and prescribed fire and fire control strategies to\nminimize the risk of catastrophic wildfire and to meet other\nresource objectives.\n(5) Wildlife management, including general prescriptions for\nwildlife habitat improvements.\n(6) Research. including identification and prioritization of\nresearch opportunities.\n(7) Monitoring. including monitoring needs for air, water,\nwildlife, soil, and other resources. The Secretary, in cooperation\nwith the Secretary of the Interior, shall maintain a research\nand monitoring program for geothermal resources for the pur-\npose of identifying and assessing the impact that present and\nproposed geothermal development in the vicinity of the Monu-\nment and Special Management Area may have on the values for\nwhich such Monument and Special Management Area were\nestablished.\n(8) Conflicts, including consideration of potential conflicts\namong uses and resources.\nSEC. 7. ADVISORY COUNCIL.\n(a) ESTABLISHMENT-There is hereby established the Newberry\nNational Volcanic Monument Advisory Council for the purpose of\nadvising the Secretary on the preparation of the initial management\nplan required by section 6(a) and on other matters at the Secretary's\nrequest.\n(b) MEMBERSHIP.-The Council shall be composed of 11 members\nappointed by the Secretary. as follows:\n(1) One member who represents the scientific community.\nH.R. 3840-7\n(2) One member who represents organized recreational in-\nterests.\n(3) One member who represents organized timber industry\ninterests.\n(1) One member who represents organized geothermal indus-\ntry interests.\n(5) One member who represents organized tourism interests.\n(6) One member of the Deschutes County Board of Commis-\nsioners.\n(7) One member who represents organized environmental\ninterests.\n(8) One member who represents organized wildlife and fish\ninterests.\n(9) One at-large member from nominations submitted to the\nSecretary hy the Governor of Oregon.\n(10) The Forest Supervisor, Deschutes National Forest. and\nthe District Manager, Prineville District. Bureau of Land\nManagement, who shall serve as nonvoting, ex officio members.\n(c) VACANCY.-A vacancy on the Council shall be filled in the\nsame manner as the original appointment.\n(d) QUORUM.-A quorum shall be 6 appointed members of the\nCouncil. The operations of the Council shall not be impaired by the\nfact that a member has not been appointed as long as a quorum has\nbeen attained.\n(e) CHAIRPERSON AND PROCEDURES.-The Council shall elect a\nchairperson and establish such rules and procedures as it deems\nnecessary or desirable.\n(f) CONSULTATION.-The Secretary shall consult with the Council\non a periodic and regular basis with respect to the management\nplan.\n(g) PAY.-Members of the Council who are not full-time officers or\nemployees of the United States shall serve without pay. Members\nwho are full-time officers or employees of the United States shall\nreceive no additional pay by reason of their service on the Council.\n(h) SCIENTIFIC ADVISORY SUBCOMMITTEE.-The Council may ap-\npoint a Scientific Advisory Subcommittee. to be chaired by the\nCouncil member who represents the scientific community, for the\npurposes of advising the Council on matters related to the manage-\nment plan. Subcommittee members shall be appointed for their\nexpertise and need not be members of the Council.\n(i) TERMINATION.-The Council and the Scientific Advisory Sub-\ncommittee. if any, shall cease to exist on the date upon which the\nmanagement plan is officially adopted by the Secretary, or later at\nthe discretion of the Secretary. except in no event shall the Council\nexist later than 5 years after the date of enactment of this Act.\nSEC. 8. SAVINGS PROVISIONS.\n(a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.-Nothing\nin this Act shall be construed as authorizing or directing the\nestablishment of protective perimeters or buffer zones around the\nMonument or Special Management Area for the purpose of preclud-\ning activities outside the Monument and Special Management Area\nboundary which would otherwise be permitted under applicable law.\nNothing in this Act shall be construed as limiting the existing\nauthority of the Secretary to take actions on Federal lands adjacent\nto the Monument and Special Management Area necessary to pro-\ntect public health and safety in emergencies. The fact that activities\nH. 3840-8\nor uses outside the Monument and Special Management Area can be\nseen, heard, measured, or otherwise perceived within the Monument\nand Special Management Area shall not, of themselves, limit, re-\nstrict, or preclude such activities or uses up to the boundary of the\nMonument and the Special Management Area.\n(b) CONTRACTS.-Nothing in this Act shall limit, restrict, or pre-\nclude the implementation of valid timber sale contracts or other\ncontracts or agreements executed by the Secretary or the Secretary\nof the Interior prior to the date of enactment of this Act.\n(c) ADMINISTRATION OF GEOTHERMAL STEAM ACT OF 1970.-Except\nas specifically provided in sections 3 and 4. nothing in this Act shall\nbe construed to affect the authority of the Secretary of the Interior\nto administer the Geothermal Steam Act of 1970 630 U.S.C. 1001 et\nseq.¹.\nSEC. 9. DEFINITIONS.\nAs used in this Act:\n(1) the term \"allowable sale quantity\" has the same meaning\nas such term has in section 13 of the Forest and Rangeland\nRenewable Resources Planning Act of 1974 (16 U.S.C. 1611).\n(2) The term \"Council\" means the Newberry National Vol-\ncanic Monument Advisory Council established by section 7.\n(3) The term \"Management Plan\" means the plan developed\nunder section 6.\n(4) The term \"Monument\" means the Newberry National\nVolcanic Monument established by section 1.\n(5) The term \"Newberry Caldera Known Geothermal Re-\nsource Area\" refers to the area established by the United States\nGeological Survey in 1974 and identified on the map referred to\nin section 3(a).\n(6) The term \"Special Management Area\" means the\nNewberry Special Management Area established by section 1.\n(7) The term \"Secretary\" means the Secretary of Agriculture.\n(8) The term \"Surface Resource Analysis of Newberry Vol-\ncano\" means the document dated September 1990. prepared by\nthe Forest Service and the Bureau of Land Management, and\navailable for public inspection in the Office of the Chief. United\nStates Forest Service, United States Department of Agriculture,\nWashington, District of Columbia.\n(9) The terms \"Transferal Area\", \"Transferal Corridor\" and\n\"Transferal Area Adjacent\" mean the areas established by\nsection 1.\nH.R. 3840-9\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\nThere are authorized to be appropriated such sums as may be\nnecessary to carry out this Act.\nThomas Speaker of the House of Representatives. S. Joly\nVice President the United States and\nActing President of the Senate, pro tempore\nDocument\nNo. 18803655\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n11/2/90\nACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90\nENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT\nSUBJECT:\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nMCCLURE\nSUNUNU\nNEWMAN\nSCOWCROFT\nPORTER\nDARMAN\nROGICH\nCARD\nUNTERMEYER\nCICCONI\nCLERK\nDEMAREST\nFITZWATER\nGRAY\nHAGIN\nHOLIDAY\nREMARKS:\nPlease provide your comments/recommendations directly to my\noffice by close of business Monday, November 5. Thank you.\nRESPONSE:\nNo comment.\nHW\nHolly Williamson\n11/2/90\nJames W. Cicconi\nAssistant to the President\nand Deputy to the Chief of Staff\nExt. 2702\n22280881\nDocument No. 18803655\nWHITE HOUSE STAFFING MEMORANDUM\n90NOV 90 NOV -5 AM10:47\nDATE:\n11/2/90\nACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90\nENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT\nSUBJECT:\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nMCCLURE\nSUNUNU\nNEWMAN\nSCOWCROFT\nPORTER\nDARMAN\nROGICH\nCARD\nUNTERMEYER\nCICCONI\nCLERK\nDEMAREST\nFITZWATER\nGRAY\nHAGIN\nHOLIDAY\nREMARKS:\nPlease provide your comments/recommendations directly to my\noffice by close of business Monday, November 5. Thank you.\nRESPONSE:\nno comment\n11/2\nJames W. Cicconi\nAssistant to the President\nand Deputy to the Chief of Staff\nExt. 2702\nDocument No. 18803655\nWHITE HOUSE 90NOV STAFFING PH MEMORANDUM\nDATE:\n11/2/90\nACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90\nENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT\nSUBJECT:\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nMCCLURE\nSUNUNU\nNEWMAN\nSCOWCROFT\nPORTER\nDARMAN\nROGICH\nCARD\nUNTERMEYER\nCICCONI\nCLERK\nDEMAREST\nFITZWATER\nGRAY\nHAGIN\nHOLIDAY\nREMARKS:\nPlease provide your comments/recommendations directly to my\noffice by close of business Monday, November 5. Thank you.\nRESPONSE:\nSNN\nJames W. Cicconi\nAssistant to the President\nand Deputy to the Chief of Staff\nExt. 2702\n222E0881\n10\nSTATE PRESIDENT = STATE\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\n90 NOV -2 PM 1:43\nTHE DIRECTOR\nNovember 2, 1990\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 3840 - Newberry National Volcanic\nMonument\nSponsors - Rep. Smith (R) Oregon and two others\nLast Day for Action\nNovember 10, 1990 - Saturday\nPurpose\nEstablishes the Newberry National Volcanic Monument, in the\nState of Oregon, as a component of the National Forest System.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Agriculture\nApproval\nDepartment of Justice\nNo objection\n(Informally)\nDepartment of Energy\nNo objection\n(Informally)\nEnvironmental Protection Agency\nNo objection\n(Informally)\nDepartment of the Interior\nDefers to Agriculture\n(Informally)\nCouncil on Environmental Quality\nNo comment (Informally)\nGeneral Services Administration\nNo comment (Informally)\nDiscussion\nH.R. 3840 would establish the 56,000-acre Newberry National\nVolcanic Monument as a part of the Deschutes National Forest in\nOregon. The bill would specify the boundaries of the monument\nand provide for minor boundary changes under certain\ncircumstances.\nSubject to valid existing rights, Federal lands within the\nmonument boundaries would be withdrawn from use or disposal under\nthe public land, mining, and geothermal leasing laws. The\nSecretary of Agriculture would be required to administer the\nmonument in accordance with the laws, rules, and regulations\npertaining to the National Forest System and other specified\nmanagement requirements.\nApproximately 10,200 acres of land within the monument\nboundary are currently leased for geothermal exploration. The\nenrolled bill would cancel these leases and any existing leases\non a 300-acre plot of land (the Transferal Corridor) that bisects\nthe monument. The Secretary of the Interior would be directed to\nissue comparable leases on other lands as full compensation for\nthe canceled leases.\nThe enrolled bill would also provide for the management of\ndesignated areas outside the monument's boundaries that have the\npotential for geothermal energy development. Existing Federal\ngeothermal leases on an adjacent 4,000-acre area (the Transferal\nArea) would be preserved. The Secretary of the Interior would be\nrequired to conduct geothermal lease sales on a designated 6,000-\nacre adjacent area (the Newberry Special Management Area and\nTransferal Area Adjacent) within one year after the date of\nenactment of this Act. Any leases issued would be subject to\ncertain conditions.\nWithin three fiscal years after the date of enactment of\nthis Act, the Secretary of Agriculture would be required to\ndevelop a management plan for the monument and the designated\nareas. The plan would be incorporated into the Deschutes\nNational Forest Land and Resources Management Plan.\nThe enrolled bill would also establish a Newberry National\nVolcanic Monument Advisory Council to advise the Secretary on the\npreparation of the management plan. Except for two Federal\nmembers, the 11-member council would be appointed by the\nSecretary from individuals representing specified environmental,\nscientific, and commercial interests. The council would\nterminate on the date that the plan is officially adopted by the\nSecretary. However, at the Secretary's discretion, its term\ncould be extended for up to five years after the date of\nenactment of this Act.\nFinally, H.R. 3840 would specify that nothing in this Act is\nto be construed as requiring the establishment of buffer zones\naround the monument or the adjacent designated areas. Nor would\nthis Act abrogate any existing timber sales or other contracts or\nagreements executed prior to the date of enactment. H.R. 3840\nwould authorize the appropriation of such sums as may be\nnecessary to carry out this Act.\n-2-\nConclusion and Recommendations\nIn its enrolled bill views letter, the Department of\nAgriculture advises that H.R. 3840 would provide the Secretaries\nof Agriculture and the Interior with \"appropriate\nauthorities to administer the unique and important\nresources found on, adjacent to, and under the proposed\nMonument.\" The Department concludes that \"approval of the bill\nwould complete the process of resolving many long-standing\ncontroversies regarding geothermal development in the Newberry\nVolcanoes area.\"\nWe join Agriculture in recommending approval of enrolled\nbill H.R. 3840, which passed both Houses of Congress by voice\nvote.\nName Jam\nRichard G. Darman\nDirector\nEnclosures\n-3-\nONITED STATES DEPARTMENT OF AFFICIATIONS\nDEPARTMENT OF AGRICULTURE\nOFFICE OF THE SECRETARY\nWASHINGTON, D.C. 20250\nOctober 3 6 1990\nThe Honorable Richard G. Darman\nDirector, Office of Management\nand Budget\nWashington D.C. 20503\nDear Mr. Darman:\nAs requested by your office, here are our views on the enrolled bill,\nH.R. 3840, an act \"To establish the Newberry Volcanoes National Monument in the\nState of Oregon, and for other purposes.\"\nThe Department of Agriculture recommends that the President approve the\nenrolled bill.\nH.R. 3840 would establish the Newberry National Volcanic Monument in the State\nof Oregon to be administered by the Secretary of Agriculture. Although the\ntitle of the bill refers to the \"Newberry Volcanoes National Monument, the\nactual designation in section 1 refers to the \"Newberry National Volcanic\nMonument.\"\nThe Monument would be administered in accordance with certain management\nrequirements related to vegetation, recreation, roads, research, disease,\ninsect infestation, and fire hazard. Holders of existing Federal geothermal\nleases within the Monument would be authorized to relinquish such leases, and,\nin lieu thereof and in full compensation for such relinquishment, would be\nissued leases of like value outside the Monument. Also, within 1 year of\nenactment, the Secretary of the Interior would be required to offer for lease\ncertain lands, as depicted on a map referenced in the bill. Furthermore, the\nSecretary would be required to develop a management plan for the Monument, in\nconsultation with an advisory council that would be established.\nAt a hearing conducted by the Subcommittee on National Parks and Public Lands\nof the Committee on Interior and Insular Affairs, we testified that \"We\nenthusiastically support the enactment of H.R. 3840, if amended. .\n\"\nSubsequently, the bill was amended to address all of our concerns.\nWe believe that H.R. 3840, as enrolled, would provide appropriate authorities\nto the Secretary of Agriculture and the Secretary of the Interior to administer\nthe unique and important resources found on, adjacent to, and under the\nproposed Monument. Furthermore, approval of the bill would complete the\nprocess of resolving many long-standing controversies regarding geothermal\ndevelopment in the Newberry Volcanoes area.\nSincerely,\nfor\nJaney Clayton Yeutter\nSecretary\nR. 3840\nOne Hundred First Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Tuesday, the twenty-third day of January,\none thousand nine hundred and ninety\nAn Act\nTo establish the Newberry National Volcanic Monument in the State of Oregon, and\nfor other purposes.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled.\nSECTION 1. ESTABLISHMENT.\n(a) IN GENERAL-There is hereby established the Newberry Na-\ntional Volcanic Monument in the State of Oregon as a component of\nthe National Forest System in order to preserve and protect for\npresent and future generations its remarkable geologic landforms\nand for the purposes of providing for the conservation, protection,\ninterpretation. and enhancement of its ecological, botanical, sci-\nentific, scenic, recreational, cultural, and fish and wildlife resources.\n(b) AREA INCLUDED.-(1) The Monument shall comprise those\nlands generally depicted on the map entitled \"Newberry National\nVolcanic Monument\" and dated September 1990, which shall be on\nfile and available for public inspection in the Office of the Chief,\nForest Service, Department of Agriculture, Washington, District of\nColumbia.\n(2) The Newberry Special Management Area, the Transferal Area,\nthe Transferal Area Adjacent, and the Transferal Corridor shall\ncomprise those lands generally depicted as such on the map re-\nferred to in paragraph (1).\n(3) The Secretary may, by publication of a notice of availability of\na revised map and after public comment. make corrections or minor\nchanges to the boundary of the Monument or Special Management\nArea if such changes are-\n(A) necessary to facilitate management of the Monument,\nSpecial Management Area and the immediately surrounding\narea,\n(B) consistent with the purposes of this Act, and\n(C) noncontroversial.\nAny proposed boundary change shall be made pursuant to the\nNational Environmental Policy Act of 1969.\nSEC. 2. ADMINISTRATION.\n(a) IN GENERAL.-Subject to valid existing rights, the Secretary\nshall administer the Monument and Special Management Area in\naccordance with the laws, rules, and regulations pertaining to the\nNational Forest System and this Act as part of the Deschutes\nNational Forest.\n(b) TRANSFERAL AREA.-(1) Upon termination, cancellation, or\nrelinquishment of all Federal geothermal leases (numbered OR-\n12008, OR-11612, and OR-11613), the lands and mineral rights\nencompassed by such leases, and other Federal land identified as the\nTransferal Area on the map referred to in section 1(b)(1), shall\nbecome part of the Monument and shall be administered under this\nAct.\nH. R. 3840-2\n(2) The Transferal Corridor is a part of the Transferal Area and\nshall be managed as such, except as otherwise provided in section 4.\n(3) Prior to the termination, cancellation, or relinquishment of\nsuch geothermal leases, the Secretary of the Interior and the Sec-\nretary of Agriculture shall, to the extent practicable and consistent\nwith the Geothermal Steam Act of 1970 and rights under such\nleases, manage the Transferal Area under the laws, rules, and\nregulations pertaining to the National Forest System in such a\nmanner SO as to preserve the natural values of the area which would\nqualify it for designation as a national monument.\n(4) Upon discovery of commercial quantities of geothermal re-\nsources, paragraphs (1), (2), and (3) shall no longer apply.\n(c) NEWBERRY SPECIAL MANAGEMENT AREA.-The area identified\non the map referred to in section 1(b)(1) as the Newberry Special\nManagement Area shall be managed as if it were part of the\nMonument, except as otherwise provided in section 4.\n(d) TRANSFERAL AREA ADJACENT.-The area identified on the map\nreferred to in section 1(b)(1) as the Transferal Area Adjacent is a\npart of the Special Management Area, except as otherwise provided\nin section 4.\n(e) MANAGEMENT REQUIREMENTS.-The Monument and Special\nManagement Area shall be administered in accordance with the\nfollowing management requirements:\n(1) Land management activities shall allow natural ecological\nsuccession of vegetation to continue to the maximum extent\npractical. as determined by the Secretary. Timber removal shall\nbe permitted only to the extent the Secretary determines nec-\nessary to achieve the purposes of this Act and to protect health\nand safety. Timber within the Monument and Special Manage-\nment Area shall not be considered part of the allowable sale\nquantity for the Deschutes National Forest.\n(2) Recreation uses and interpretive facilities shall be pro-\nvided. including (but not limited to) trails, campgrounds, re-\nsorts, and visitor centers, as identified in the management plan.\n(3) Roads shall be permitted in the Monument and Special\nManagement Area consistent with the purposes of this Act and\nin accordance with the management plan.\n(f) SCIENTIFIC RESEARCH-Scientific research shall be allowed\nconsistent with the purposes for which the Monument was\nestablished.\n(g) DISEASE, INSECT INFESTATION, AND FIRE HAZARD.-The Sec-\nretary is authorized to take action to the extent practicable to\nensure that tree diseases, insect infestations, fire hazards, and fires\nwithin the Monument and Special Management Area do not seri-\nously threaten resources outside the Monument and Special\nManagement Area boundaries.\nSEC. 3. EXCHANGES OF GEOTHERMAL LEASE RIGHTS.\n(a) IN GENERAL-Those holders of all Federal geothermal leases\nwithin the Monument as of the date of enactment of this Act and\nwho are listed in subsection (c) of this section are authorized,\nwithout penalty, to relinquish all rights to such leases on the terms\nand conditions provided in this section and section 10 of the Geo-\nthermal Steam Act of 1970. Such leases are depicted on the map\nentitled \"Geothermal Lease Compensation\" which is a part of the\nSurface Resource Analysis of Newberry Volcano.\nH.R. 3840-3\n(b) GEOTHERMAL LEASE EXCHANGE.-Upon the acceptance by the\nSecretary of the Interior of a lease relinquished pursuant to subsec-\ntion (a), the Secretary of the Interior shall immediately issue. in lieu\nthereof and in full compensation for such relinquishment, geo-\nthermal leases of like value as described in subsection (c). The leases\nissued in lieu of relinquished leases shall contain the terms and\nconditions prescribed in the Surface Resource Analysis of Newberry\nVolcano and the Land and Resource Management Plan for the\nDeschutes National Forest, dated August 1990. Consistent with such\nterms and conditions, such in-lieu leases shall be administered\nunder the Geothermal Steam Act of 1970.\n(c) DESCRIPTIONS.-(1) The parties (including their successors, or\nassignees), and lands referred to in subsection (a), are those specified\non the map referred to in subsection (a).\n(2) The leases to be issued pursuant to subsection (b) and the\ninterests in lands subject to such leases are as follows:\n(A) Within the Newberry Caldera Known Geothermal Re-\nsource Area, lease area 1, leases shall be issued with an undi-\nvided fractional interest distributed as follows:\n(i) 62.37 percent to California Energy Co., Inc.\n(ii) 35.09 percent to Christian F. Murer.\n(iii) 2.54 percent to Delta Funds, Inc.\n(B) Within the Newberry Caldera Known Geothermal Re-\nsource Area, lease area 2, leases shall be issued with an undi-\nvided fractional interest distributed as follows:\n0.84 percent to L.H. Armour. Jr.\n5.49 percent to Frances B. Bunn.\n1.73 percent to Robert B. Bunn.\n8.52 percent to Geo-Newberry Crater. Inc.\n15.10 percent to Hawthorn Oil Co.\n3.42 percent to Terry Allen Kramer.\n64.90 percent to George W. Waters.\n(C) Outside the Newberry Caldera Known Geothermal Re-\nsource Area. leases shall be issued for the approximate acreage\nnoted:\n(i) Lease Area -Robert B. Bunn-1.280.00 acres.\n(ii) Lease Area 4-Frances B. Bunn-1,240.00 acres.\n(iii) Lease Area 5-Geo-Newberry Crater. Inc.-2,928\nacres.\n(d) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING\nUNDER THE GEOTHERMAL STEAM AcT.-Following the expiration,\nrelinquishment, or termination of any geothermal lease issued for\nlands identified in subsection (c), except for lands situated within\nthe Special Management Area, such lands may be offered for lease\nunder the Geothermal Steam Act of 1970.\n(e) AVAILABILITY OF CERTAIN LANDS FOR GEOTHERMAL LEASING\nUNDER THIS AcT.-Following expiration, relinquishment, or termi-\nnation of a geothermal lease on lands identified in subsection (c).\nwithin the Special Management Area, lands shall be offered for\nlease as provided in section 4(a)(5) of this Act.\n(f) NONAPPLICABLE PROVISIONS.-The provisions of subsection (g) of\nsection 6 of the Geothermal Steam Act of 1970 (30 U.S.C. 1005 (c) and\n(g)) shall not apply to any geothermal lease within the Monument\nexisting on the date of enactment of this Act.\nSEC. 1. SUBSURFACE RIGHTS.\n(a) WITHDRAWAL-\nH. R. 3840-4\n(1) MONUMENT.-Subject to valid existing rights, Federal\nlands within the Monument are hereby withdrawn from all\nforms of entry, appropriation. or disposal under the public land\nlaws, from location. entry, or patent under the mining laws, and\nfrom disposition under all mineral and geothermal leasing laws.\n(2) TRANSFERAL AREA.-Subject to valid existing rights, Fed-\neral lands within the Transferal Area are hereby withdrawn\nfrom all forms of entry, appropriation, or disposal under the\npublic land laws, from location, entry, or patent under the\nmining laws, and from disposition under all mineral and geo-\nthermal leasing laws. Upon completion of a well capable of\nproducing geothermal steam in commercial quantities, as de-\nfined in section 6(d) of the Geothermal Steam Act of 1970 (30\nU.S.C. 1005(d)) on valid existing leases within the Transferal\nArea. as determined by the Secretary of the Interior, the with-\ndrawal made by this subsection shall be revoked. and such lands\nshall be restored to the operation of the public land laws,\nmining laws, and mineral and geothermal leasing laws.\n(3) TRANSFERAL CORRIDOR.-Subject to valid existing rights,\nFederal lands within the Transferal Corridor are hereby with-\ndrawn from all forms of entry, appropriation, or disposal under\nthe public land laws, from location, entry or patent under the\nmining laws, and from disposition under all mineral and geo-\nthermal leasing laws.\n(4) TRANSFERAL AREA ADJACENT.-Subject to valid existing\nrights, Federal lands within the Transferal Area Adjacent are\nhereby withdrawn from all forms of entry, appropriation, or\ndisposal under the public land laws, from location. entry, or\npatent under the mining laws, and from disposition under all\nmineral leasing laws except the Geothermal Steam Act of 1970.\nUpon completion of a well capable of producing geothermal\nsteam in commercial quantities, as defined in section 6(d) of the\nGeothermal Steam Act of 1970 (30 U.S.C. 1005(d)) within the\nTransferal Area, as determined by the Secretary of the Interior.\nthis area will be managed as part of the Special Management\nArea and be governed by provisions in section 4(a)(5). Geo-\nthermal leases issued in this area shall contain stipulations that\nprohibit surface occupancy and no plans of operation will be\napproved by the Secretary until commercial quantities of geo-\nthermal resources are found within the Transferal Area.\n(5) SPECIAL MANAGEMENT AREA.-Subject to valid existing\nrights, Federal lands within the Special Management Area are\nhereby withdrawn from all forms of entry, appropriation, or\ndisposal under the public land laws, from location, entry, or\npatent under the mining laws, and under all mineral leasing\nlaws except the Geothermal Steam Act of 1970. Geothermal\nleases issued in this area shall contain stipulations that prohibit\nsurface occupancy and shall require that the Special Manage-\nment Area be entered only by directional drilling from outside\nthe Special Management Area boundaries. In the event that no\ncommercial quantities of geothermal resources are developed\nunder leases within 30 years after the date of enactment of this\nAct, the Secretary of the Interior is authorized and directed to\nwithdraw such areas in perpetuity from all further leasing\nunder the Geothermal Steam Act of 1970. Upon such with-\ndrawal, the Special Management Area designations shall termi-\nnate and such areas shall become part of the Monument. All or\nH. 3840-5\nportions of the Special Management Area may be withdrawn\nfrom the Geothermal Steam Act of 1970 and made a part of the\nMonument earlier at the joint discretion of the Secretaries of\nInterior and Agriculture. This provision shall in no way restrict\nthe Secretary's authority to acquire by purchase, donation or\nexchange any lease within the Special Management Area prior\nto the expiration of the term of years set forth in this\nparagraph.\n(b) GEOTHERMAL LEASE SALES.-1) Within one year after the date\nof the enactment of this Act. pursuant to the Geothermal Steam Act\nof 1970, the Secretary of the Interior shall offer for lease by competi-\ntive bid the lands depicted on the map entitled \"Geothermal Lease\nSale Parcels,\" which is part of the Surface Resource Analysis of\nNewberry Volcano, with stipulations as provided therein.\n(2) Any of the lands described in paragraph (1) of this subsection\nwhich are not leased as a result of the first competitive bid offering,\nor any of the initial leases which are relinquished, terminated, or\notherwise canceled, may be reoffered by the Secretary of the In-\nterior for lease by competitive bid under the Geothermal Steam Act\nof 1970, except that all lands within the Special Management Area\nshall be subject to the leasing provisions of subsection (a)(5) of this\nAct.\n(c) AUTHORITY FOR PLANS OF OPERATION.-The Secretary of Agri-\nculture shall regulate all surface disturbing activities conducted\npursuant to any lease issued under this section and section 3 and\nshall determine reclamation and all other actions as required in the\ninterest of conservation of these resources. No permit to drill on a\ngeothermal lease for areas covered under this Act may be granted\nwithout the analysis and approval by the Secretary of Agriculture of\na plan of operations covering proposed surface disturbing activities\nwithin the lease area. In making such determination. the Secretary\nshall consider the effects of the proposed operations on the values\nfor which the Monument and Special Management Area were\nestablished.\nSEC. 5. FISH AND WILDLIFE.\nNothing in this Act shall be construed to affect the jurisdiction or\nresponsibilities of the State of Oregon with respect to fish and\nwildlife, including the regulation of hunting, fishing, and trapping,\nexcept that the Secretary may designate zones where, and establish\nperiods when, no hunting, fishing, or trapping shall be permitted for\nreasons of public safety. administration, or public use and enjoy-\nment. Except in emergencies, any regulations of the Secretary\npursuant to this section shall be put into effect only after consulta-\ntion with the Department of Fish and Wildlife of the State of Oregon\nor its successor agency.\nSEC. 6. MANAGEMENT PLAN.\n(a) IN GENERAL-(1) Within three fiscal years beginning after the\ndate of enactment of this Act, the Secretary shall develop a manage-\nment plan which shall address the lands established in section 1.\nThe management plan shall be developed in consultation with the\nCouncil (established by section 7), interested Federal, State, and\nlocal government agencies, and the public.\n(2) The management plan shall be periodically updated, amended,\nor revised as necessary and, at the discretion of the Secretary, such\nundates\nH. R. 3840-6\nconjunction with land management planning for other adjacent\nareas of the Deschutes National Forest.\n(3) No actions taken under the authority of this Act shall require\nthe reconsideration, amendment, or revision of the Deschutes Na-\ntional Forest Land and Resource Management Plan prepared pursu-\nant to section 6 of the Forest and Rangeland Renewable Resources\nPlanning Act of 1974 (16 U.S.C. 1604). The management plan re-\nquired by paragraph (1) shall be incorporated into the Deschutes\nNational Forest Land and Resource Management Plan upon the\nregular revision of the the Deschutes National Forest Land and\nResource Management Plan.\n(b) ISSUES TO BE ADDRESSED BY MANAGEMENT PLAN.-Consistent\nwith the purposes for which the Monument and Special Manage-\nment Area were established, the Management Plan shall address at\nleast the following management issues:\n(1) Recreation, including consideration of a full range of\nexisting and appropriate new facilities and programs for recre-\nation during all seasons of the year.\n(2) Vegetation, including consideration of a full range of\nmanagement options, and a program to reestablish old growth\nponderosa pine ecosvstems.\n(3) Roads and facilities, including-\n(A) consideration of the general location. design, construc-\ntion. and maintenance criteria:\n(B) standards for motorized vehicle use:\n(C) traffic management; and\n(D) criteria for the closing and obliteration of roads.\n(.1) Fire and fuel management prescriptions. including consid-\neration of a full range of management options for fuel hazard\nreduction and prescribed fire and fire control strategies to\nminimize the risk of catastrophic wildfire and to meet other\nresource objectives.\n(5) Wildlife management, including general prescriptions for\nwildlife habitat improvements.\n(6) Research. including identification and prioritization of\nresearch opportunities.\n(7) Monitoring. including monitoring needs for air, water,\nwildlife, soil, and other resources. The Secretary, in cooperation\nwith the Secretary of the Interior, shall maintain a research\nand monitoring program for geothermal resources for the pur-\npose of identifying and assessing the impact that present and\nproposed geothermal development in the vicinity of the Monu-\nment and Special Management Area may have on the values for\nwhich such Monument and Special Management Area were\nestablished.\n(8) Conflicts. including consideration of potential conflicts\namong uses and resources.\nSEC. 7. ADVISORY COUNCIL\n(a) ESTABLISHMENT-There is hereby established the Newberry\nNational Volcanic Monument Advisory Council for the purpose of\nadvising the Secretary on the preparation of the initial management\nplan required by section 6(a) and on other matters at the Secretary's\nrequest.\n(b) MEMBERSHIP.-The Council shall be composed of 11 members\nappointed by the Secretary. as follows:\n(1) One member who represents the scientific community.\nH.R. 3840-7\n(2) One member who represents organized recreational in-\nterests.\n(3) One member who represents organized timber industry\ninterests.\n(1) One member who represents organized geothermal indus-\ntry interests.\n(5) One member who represents organized tourism interests.\n(6) One member of the Deschutes County Board of Commis-\nsioners.\n(7) One member who represents organized environmental\ninterests.\n(8) One member who represents organized wildlife and fish\ninterests.\n(9) One at-large member from nominations submitted to the\nSecretary by the Governor of Oregon.\n(10) The Forest Supervisor, Deschutes National Forest, and\nthe District Manager, Prineville District. Bureau of Land\nManagement, who shall serve as nonvoting, ex officio members.\n(c) VACANCY.-A vacancy on the Council shall be filled in the\nsame manner as the original appointment.\n(d) QUORUM.-A quorum shall be 6 appointed members of the\nCouncil. The operations of the Council shall not be impaired by the\nfact that a member has not been appointed as long as a quorum has\nbeen attained.\n(e) CHAIRPERSON AND PROCEDURES.-The Council shall elect a\nchairperson and establish such rules and procedures as it deems\nnecessary or desirable.\n(f) CONSULTATION.- The Secretary shall consult with the Council\non a periodic and regular basis with respect to the management\nplan.\n(g) PAY.-Members of the Council who are not full-time officers or\nemployees of the United States shall serve without pay. Members\nwho are full-time officers or employees of the United States shall\nreceive no additional pay by reason of their service on the Council.\n(h) SCIENTIFIC ADVISORY SUBCOMMINTEE-The Council may ap-\npoint a Scientific Advisory Subcommittee. to be chaired by the\nCouncil member who represents the scientific community, for the\npurposes of advising the Council on matters related to the manage-\nment plan. Subcommittee members shall be appointed for their\nexpertise and need not be members of the Council.\n(i) TERMINATION.-The Council and the Scientific Advisory Sub-\ncommittee. if any. shall cease to exist on the date upon which the\nmanagement plan is officially adopted by the Secretary. or later at\nthe discretion of the Secretary. except in no event shall the Council\nexist later than 5 years after the date of enactment of this Act.\nSEC. 8. SAVINGS PROVISIONS.\n(a) MANAGEMENT OUTSIDE BOUNDARIES OF MONUMENT.-Nothing\nin this Act shall be construed as authorizing or directing the\nestablishment of protective perimeters or buffer zones around the\nMonument or Special Management Area for the purpose of preclud-\ning activities outside the Monument and Special Management Area\nboundary which would otherwise be permitted under applicable law.\nNothing in this Act shall be construed as limiting the existing\nauthority of the Secretary to take actions on Federal lands adjacent\nto the Monument and Special Management Area necessary to pro-\ntect public health and safety in emergencies. The fact that activities\nH. 3840-8\nor uses outside the Monument and Special Management Area can be\nseen, heard, measured, or otherwise perceived within the Monument\nand Special Management Area shall not, of themselves, limit, re-\nstrict, or preclude such activities or uses up to the boundary of the\nMonument and the Special Management Area.\n(b) CONTRACTS.-Nothing in this Act shall limit, restrict, or pre-\nclude the implementation of valid timber sale contracts or other\ncontracts or agreements executed by the Secretary or the Secretary\nof the Interior prior to the date of enactment of this Act.\n(c) ADMINISTRATION OF GEOTHERMAL STEAM ACT OF 1970.-Except\nas specifically provided in sections 3 and 4. nothing in this Act shall\nbe construed to affect the authority of the Secretary of the Interior\nto administer the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et\nseq.).\nSEC. 9. DEFINITIONS.\nAs used in this Act:\n111 the term \"allowable sale quantity\" has the same meaning\nas such term has in section 13 of the Forest and Rangeland\nRenewable Resources Planning Act of 1974 (16 U.S.C. 1611).\n(2) The term \"Council\" means the Newberry National Vol-\ncanic Monument Advisory Council established by section 7.\n(3) The term \"Management Plan\" means the plan developed\nunder section 6.\n(4) The term \"Monument\" means the Newberry National\nVolcanic Monument established by section 1.\n(5) The term \"Newberry Caldera Known Geothermal Re-\nsource Area refers to the area established by the United States\nGeological Survey in 1974 and identified on the map referred to\nin section 3(a).\n(6) The term \"Special Management Area\" means the\nNewberry Special Management Area established by section 1.\n(T) The term \"Secretary\" means the Secretary of Agriculture.\n(8) The term \"Surface Resource Analysis of Newberry Vol-\ncano\" means the document dated September 1990. prepared by\nthe Forest Service and the Bureau of Land Management, and\navailable for public inspection in the Office of the Chief. United\nStates Forest Service, United States Department of Agriculture,\nWashington, District of Columbia.\n(9) The terms \"Transferal Area\", \"Transferal Corridor\" and\n\"Transferal Area Adjacent\" mean the areas established by\nsection 1.\nH.R. 3840-9\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\nThere are authorized to be appropriated such sums as may be\nnecessary to carry out this Act.\nThomas Speaker of the House of Representatives. S. Joly\nVice President the United States and\nActing President of the Senate, pro tempore\nDocument\nNo. 18803655\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n11/2/90\nACTION/CONCURRENCE/COMMENT DUE BY: COB 11/5/90\nENROLLED BILL H.R. 3840 -- NEWBERRY NATIONAL VOLCANIC MONUMENT\nSUBJECT:\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nMCCLURE OK\nSUNUNU\nNEWMAN\nSCOWCROFT\nPORTER OK OK\nDARMAN\nROGICH\nCARD\nUNTERMEYER\nCICCONI\nCLERK\nDEMAREST n/c\nFITZWATER\nGRAY n.l.o.\nHAGIN\nHOLIDAY No Comment\nREMARKS:\nPlease provide your comments/recommendations directly to my\noffice by close of business Monday, November 5. Thank you.\nRESPONSE:\nJames W. Cicconi\nAssistant to the President\nand Deputy to the Chief of Staff\nExt. 2702\nTHE WHITE HOUSE\nOffice of the Press secretary\n(Houston, Texas)\nFor Immediate Release\nNovember 5, 1990\nThe President has signed the following legislation:\nH.R. 5268, the \"Rural Development, Agriculture, and Related\nAgencies Appropriations Act, 1991.\"\nH.R. 5158, the \"Department of Veterans Affairs and Housing and\nUrban Development, and Independent Agencies Appropriations Act,\n1991.\" The President issued a signing statement on this bill.\nH.R. 5835, the \"Omnibus Budget Reconciliation Act of 1990.\" The\nPresident issued a signing statement on this bill.\nH.R. 5241, the \"Treasury, Postal Service and General Government\nAppropriations Act, 1991.\" The President issued a signing\nstatement on this bill.\nH.R. 4739, the \"National Defense Authorization Act for Fiscal Year\n1991.\" The President issued a signing statement on this bill.\nH.R. 5803, the \"Department of Defense Appropriations Act, 1991.\"\nThe President issued a signing statement on this bill.\nH.R. 5769, the \"Department of the Interior and Related Agencies\nAppropriations Act, 1991.\" The President issued a signing\nstatement on this bill.\nH.R. 5114, the \"Foreign Operations, Export Financing, and Related\nPrograms Appropriations Act, 1991.\" The President issued a\nsigning statement on this bill.\nH.R. 5019, the \"Energy and Water Development Appropriations Act,\n1991.\" The President issued a signing statement on this bill.\nH.R. 5021, the \"Departments of Commerce, Justice, and state, the\nJudiciary, and Related Agencies Appropriations Act, 1991.\" The\nPresident issued a signing statement on this bill.\nH.R. 5229, the \"Department of Transportation and Related Agencies\nAppropriations Act, 1991.\"\nH.R. 5257, the \"Departments of Labor, Health and Human Services,\nand Education, and Related Agencies Appropriations Act, 1991.\"\nH.R. 5311, the \"District of Columbia Appropriations Act, 1991.\"\nH.R. 5313, the \"Military construction Appropriations Act, 1991.\"\nThe President issued a signing statement on this bill.\nH.R. 5399, the \"Legislative Branch Appropriations Act, 1991.\"\nH.R. 5759, amends the Age Discrimination in Employment Act of 1967\n(ADEA), as amended by the Older Workers Benefit Protection Act,\nto clarify the application of the ADEA to employee group health\nplans.\nH.R. 3840, establishes the Newberry National Volcanic Monument,\nin the state of Oregon, as a component of the National Forestry\nSystem.\n# # #"
}