Page:United States Statutes at Large Volume 100 Part 4.djvu/870

 100 STAT. 3341-265

PUBLIC LAW 99-591—OCT. 30, 1986

Federal Register, the Secretary shall transmit the list to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives together with copies of all public comments which he has received and indicating any additions to or deletions from the list with a statement of the reasons therefor and the basis for inclusion of each thermal feature on the list. The Secretary shall consider the following criteria in determining the significance of thermal features: (1) size, extent, and uniqueness; (2) scientific and geologic significance; (3) the extent to which such features remain in a natural, undisturbed condition; and (4) significance of thermal features to the authorized purposes for which the National Park System unit was created. The Secretary shall not issue any geothermal lease pursuant to the Geothermal Steam Act of 1970 (Public Law 91-581, 84 Stat. 1566), as amended, until such time as the Secretary has transmitted the list to the Committees of Congress as provided in this section. (b) The Secretary shall maintain a monitoring program for those significant thermal features listed pursuant to subsection (a) of this section. (c) Upon receipt of an application for a geothermal lease the Secretary shall determine on the basis of scientific evidence if exploration, development, or utilization of the lands subject to the geothermal lease application is reasonably likely to result in a significant adverse effect on a significant thermal feature listed pursuant to subsection (a) of this section. Such determination shall be subject to notice and public comment. If the Secretary determines on the basis of scientific evidence that the exploration, development, or utilization of the land subject to the geothermal lease application is reasonably likely to result in a significant adverse effect on a significant thermal feature listed pursuant to subsection (a) of this section, the Secretary shall not issue such geothermal lease. In addition, the Secretary shall withdraw from leasing under the Geothermal Steam Act of 1970, as amended, those lands, or portion thereof, subject to the application for geothermal lease, the exploration, development, or utilization of which is reasonably likely to result, based on the Secretary's determination, in a significant adverse effect on a significant thermal feature listed pursuant to subsection (a) of this section. (d) With respect to all geothermal leases issued after the date of enactment of this section the Secretary shall include stipulations in leases necessary to protect significant thermal features listed pursuant to subsection (a) of this section where a determination is made based on scientific evidence that the exploration, development, or utilization of the lands subject to the lease is reasonably likely to adversely affect such significant features. Such stipulations shall include, but are not limited to: (1) requiring the lessee to reinject geothermal fluids into the rock formations from which they originate; (2) requiring the lessee to report annually to the Secretary on ' its activities; (3) requiring the lessee to continuously monitor geothermal production and injection wells; and (4) requiring the lessee to suspend activity, temporarily or permanently, on the lease if the Secretary determines that

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