Report of the Sec. of the Interior under Sec. 7 of Public Law 100-443 on the Presence or Absence of Significant Thermal Features Within Crater Lake National Park, 1992
V. Appendices
C. Interagency Agreement Among the Bureau of Land Management, National Park Service, U.S. Geological Survey, and the U.S. Forest Service for implementing
Section 115 of the FY’87 Appropriations Act dated December 9, 1987.
Interagency Agreement Between
the Bureau of Land Management, the National Park Service,
the U.S. Geological Survey, and the Forest Service
for Implementing the Department of the Interior
and Related Agencies Appropriations Act for 1987
in Regard to Geothermal Leasing
I. Purpose
The purpose of this Interagency Agreement (IA) is to establish the procedures to be used for ensuring compliance with Section 115 of the General Provisions of the Department of the Interior and Related Agencies Appropriations Act for 1987.
II. Responsibilities
The principal officials responsible for implementation of this IA will be the Bureau of Land Management (BLM) State Directors, the National Park Service (NPS) Regional Directors, the U.S. Forest Service (FS) Regional Foresters, if National Forest System (NFS) lands are involved, and representatives of the U.S. Geological Survey (GS) for scientific information and advice as needed.
III. Procedures
A. Within 30 working days from the effective date of this Agreement, the NPS principal officials will identify for the BLM principal officials those areas within which NPS wishes to review geothermal leasing proposals on a case-by-case basis. For areas so identified, the procedures in this IA will be followed. For leasing proposals outside such areas, BLH will ensure compliance with section 115 and if connections between these areas and listed thermal features or potential impacts on listed features are identified, will notify the principal officials of the agencies party to this IA.
B. Within 10 working days of opening a geothermal lease application or at such time as BLM decides to hold a competitive lease sale, BLM will complete a checklist analysis (see Attachment 1). If the checklist indicates potential for a geologic/hydrologic connection between the proposed leasing area and a significant thermal feature that has been identified in accordance with section 115, the procedures established in section III.C. of this IA will be followed. If the checklist does not indicate a potential connection, the procedures will be as follows:
1. Within 10 working days, BLM will forward a copy of the checklist to NPS for review and concurrence.
2. Within 10 working days, NPS will either concur or request a meeting with 3LM to discuss concerns. If NPS concerns are not satisfactorily resolved at the meeting, BLM will prepare a more detailed analysis in accordance with III.C. of this IA.
3. If NPS concurs, BLM will post a notice of the determination in its public room and allow for a 30 calendar-day public comment period.
4. BLM will forward a copy of all comments received to NPS within 10 working days from the end of the comment period along with its proposed responses. The proposed responses will either reaffirm that no interconnection exists, or will cdoentcaliuldeed atnhaatl ysains iwnitlelr coben neucntdieornt akies n.p ossNiPbS lew,i lli,n wwihtihcihn ca1s0e a working days, either concur in the responses or inform BLM as to desired changes.
5th.a t Afat edre tarielseodl utainaolny soifs cosmhmoeunltds ,b e unplreespsa reidt, haBsL M bweielnl deptreorcmeiended to process the leasing proposal.
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1 Within 10 working days, BLM will forward a copy of the checklist to the principal officials and request information pertaining to geology, hydrothermal systems, and relevant scientific evidence that the agencies believe would be useful to BLM in preparing the detailed analysis.
2. Within 20 working days, each principal official will provide available information to the BLM or notify BLM as to when the information will be forwarded.
3. Within 20 working days of receipt of the requested data, the BLM, in consultation with the USGS, will prepare and dfeotrawialredd tahnea ldyestiasi lweidl la nbael ysmiasd e (osne e tAhte tabcahsmiesn to f 2a)v atoi laNbPlSeo The scientific evidence, including any information received from the principal officials. It will evaluate the adequacy of apovtaeinltaiballe dcaotnan ecftoiro na ssbeestswienegn pthoet enltiisatled efsfiegcntisf,i caanntd atshseersmsa l the features and the proposed lease area. It will also estimate the type, extent, and magnitude of reasonably likely effects, and consider the effectiveness of possible mitigating measures.
4. Within 20 working days of receiving the BLM analysis, the principal officials of BLM, NPS, and GS will consult to determine, based on the analysis, scientific evidence, NPS Apglraenenmienngt ,d ocwuhmeetnhtesr, leaansde tahec ticvriittieersi a arceo ntraeianseodn abilny IVl.iAk.el yo f ttohis have no effect, an adverse effect, or a significant adverse effect on a listed thermal feature. These consultations will result in either: a) a decision page appended to the BLM analysis, signed by the principal officials of BLM, NPS, and GS, indicating agreement with the determination regarding the degree of the effect, and indicating that the determination being made is consistent with the BLM analysis, the NPS planning documents, and the criteria contained in IV.A. of this Agreement; or b) if there is disagreement, an issue paper explaining each area of disagreement, in which the participating principals shall articulate their position on each point of disagreement. The issue will then be referred to the next higher level for conflict resolution. If, in the opinion of any of the participating principal officials, there is an insufficient basis to project the likely effects of lease activities on listed thermal features, the question of sufficiency of information will be referred to USGS. If, in the opinion of the USGS, the information is not sufficient to project effects, the principals will decide how the information needed can best be obtained. If they disagree on how it can be obtained, the issue will be referred to the next higher level for conflict resolution. If, in the opinion of the USGS, the information is sufficient to project effects, and other principal officials agree, the principals will decide on the range of effects that are likely.
5. Within 10 working days of the determination of the significance of effect, the BLM will prepare a notice presenting the determination and announcing the action proposed to be taken as outlined below. The notice will be forwarded to NPS for final review and, upon notification from NPS, the BLM will post the notice in its public room and allow for a 30 calendar-day public comment period. BLM will also forward copies to all principal officials for distribution to interested parties by each agency. Within 20 working days of the closing of the comment period, the principal officials will jointly review the comments received and consult on which of the following actions will then be taken. If agreement cannot be reached, a document summarizing areas of agreement and disagreement will be prepared and the issue will be elevated for conflict resolution.
a. Where it has been determined that geothermal activities would be reasonably likely to cause significant adverse effects on a listed feature, BLM will take such actions as are necessary to withdraw the lands involved under the authority of section 115 of the Act.
b. Where it has been determined that geothermal activities would be reasonably likely to cause adverse, but not significant adverse effects on a listed feature, BLM will schedule a meeting between specialists designated by the principal officials. Each agency will provide suggested stipulations to the other agencies prior to the meeting. The purpose of the meeting will be to provide an opportunity for staff specialists to discuss proposed mitigation measures, lease stipulations, and a monitoring program, including monitoring required by lessees. After the specialists’ meeting, the principal officials will consult and ensure agreement on the mitigation measures, stipulations, and monitoring program. If the principal officials agree, the BLM will proceed with processing the lease. If the agreement cannot be reached, the issue will be elevated for conflict resolution.
The agreed upon measures, stipulations, and monitoring program will be incorporated into subsequent National Environmental Policy Act (NEPA) compliance documents. In cases where it is determined that there will be an adverse effect on thermal features, NPS will participate as a cooperating agency in the preparation of NEPA compliance documents. The NEPA compliance documents will address issues in addition to the direct impact of geothermal leasing and development on the listed thermal feature, such as air and water quality, Park land use, and effects on the park visitor’s experience such as noise and visual intrusion. If NFS lands are involved, preparation of NEPA compliance documents will be in accordance with the IA between BLM and FS for Mineral Leasing.
c. Where it has been determined that lease activities would not likely cause either adverse or significant adverse effects, the BLM, and FS when appropriate, will proceed with NEPA compliance.
6. In the event an administrative appeal of any decision or action resulting from this agreement, NPS, USGS, and FS will assist BLM in addressing those aspects of the appeal that involve their roles under this agreement.
IV. General
A. For purposes of this IA, an effect will be considered adverse if it is reasonably likely, based on scientific evidence, that lease operations would cause a measurable or observable change (temporary or permanent) in the temperature, flow, pressure or other characteristics of a listed feature. An effect singularly or cumulatively will be considered significantly adverse if it is reasonably likely that:
– The thermal feature’s size, extent, uniqueness, or other characteristics would be noticeably changed such that the visitor’s experience would be altered, or
– The feature’s geologic and scientific significance would be substantially diminished, or
– The flora and fauna dependent on the feature would be disrupted, or
– The purposes for which the park was established would be altered.
B. The public room notices may address a group of lease applications, applications within a number of areas, applications within an entire State, or all lands included in a competitive lease sale. Public comments will be considered those submitted by entities other than the agencies party to this IA which are participating in a particular review of comments and subsequent decision.
C. In developing its monitoring programs for listed features within Park boundaries to comply with section 115(2)(b) of the Act, NPS will consider the possible future use of data collected in making determinations required under section 115(2)(c) of the Act and will consult as necessary with USGS, BLM, and FS. In developing monitoring programs to be conducted by entities other than NPS in lease areas, the principals will consider the compatibility of data collection and analysis with NPS monitoring programs for listed features.
D. The principal officials will coordinate work plans relevant to implementation of this IA such that appropriate agencies will be able to include informed requests in their budget submissions.
E. The BLM, USGS, and NPS will be available to assist FS in meeting FS responsibilities under section 115 (2)(e).
V. Effect on Other Agreements and Conflict Resolution
Nothing in this agreement is intended to supersede existing agreements between agencies. The BLM, NPS, and FS acknowledge the potential for conflicts in their respective missions, plans, and programs. Throughout the conflict resolution process, the mission of each agency and the need for negotiations to proceed in good faith are to be recognized. To facilitate resolution and to avoid public misunderstanding, all public disclosures and contact relative to either pending decisions or issues in conflict will be coordinated through the principal officials. The agencies will strive to resolve conflicts at the lowest organizational level possible. Any conflict or issue that cannot be resolved shall be forwarded promptly to the next higher level of authority for resolution.
VI. Effect to this Agreement
This agreement shall be effective from the date of execution until modified by mutual agreement or terminated within 30 days of written notice from any of the parties to the others, but shall not exceed 5 years, at which time it may be renewed by mutual consent.
Attachments
Attachment 1-2
FY’ 87 APPROPRIATIONS ACT
SEC 115 DETERMINATION
LEASE APPLICATION
I. SUMMARY OF FINDINGS AND RECOMMENDATION
II. INTRODUCTION
A. PURPOSE
B. LOCATION
C- LANDS INVOLVED NEAREST SIGNIFICANT THERMAL FEATURE
D. TOPOGRAPHY
E. CLIMATE
III. GEOLOGY
A. REGIONAL GEOLOGY
B. GEOLOGY/HYDROTHERMAL SYSTEM OF SIGNIFICANT THERMAL FEATURE
C. GEOLOGY/HYDROTHERMAL SYSTEM OF LEASE APPLICATION AREA
TV. ANALYSIS OF POTENTIAL FOR GEOLOGIC/HYDROLOGIC CONNECTION OF THE HYDROTHERMAL SYSTEMS
A- EXTENT OF VOLCANIC/MAGMATIC SYSTEM
B. STRUCTURAL CONTINUITY
C. LITHOLOGIC CONTINUITY
D. HYDROLOGIC CONTINUITY
E. GEOCHEMICAL SIMILARITY
F. GEOPHYSICAL ANOMALY CONTINUITY
V. FINDING AS TO TYPE, EXTENT, AND MAGNITUDE OF EFFECTS
* SEE FOOTNOTE
VI. MOST REASONABLE DEVELOPMENT SCENARIO
A. RESOURCE POTENTIAL ASSESSMENT
B. PRODUCTION VOLUME/# WELLS NEEDED
C. UTILIZATION TECHNOLOGY
D. REINJECTION STRATEGY
VII. ANALYSIS OF EFFECT
A. TRANSMISSIVITY OF FLUID, LOSS
B. TRANSMISSIVITY OF PRESSURE CHANGES
C. TRANSMISSIVITY OF TEMPERATURE CHANGES
D. PHYSICAL CHANGES TO SIGNIFICANT THERMAL FEATURE
VIII. FINDING AS TO TYPE, EXTENT, AND MAGNITUDE OF EFFECTS
Other pages in this section
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