81 FR 95632 - Notice of Proposed Addition of Thermal Features Within Valles Caldera National Preserve to the Geothermal Steam Act List of Significant Thermal Features Within Units of the National Park System

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 81, Issue 249 (December 28, 2016)

The National Park Service (NPS) is publishing for public review and comment a proposal that the Department of the Interior (Department) designate the thermal features within Valles Caldera National Preserve (Preserve), New Mexico, as ``significant thermal features,'' and that they be added to the list of significant thermal features within units of the National Park System, in accordance with the Geothermal Steam Act (the Act), as amended. The Act requires that those thermal features in units of the National Park System that are determined to be significant, and included in or added to the list at 30 U.S.C. 1026, must be protected from any geothermal leasing, exploration, development or utilization that might adversely affect those features.

[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95632-95639]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31270]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-GRD-22583; GPO Deposit Account 4311-H2]


Notice of Proposed Addition of Thermal Features Within Valles 
Caldera National Preserve to the Geothermal Steam Act List of 
Significant Thermal Features Within Units of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Notice of proposal.

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SUMMARY: The National Park Service (NPS) is publishing for public 
review and comment a proposal that the Department of the Interior 
(Department) designate the thermal features within Valles Caldera 
National Preserve (Preserve), New Mexico, as ``significant thermal 
features,'' and that they be added to the list of significant thermal 
features within units of the National Park System, in accordance with 
the Geothermal Steam Act (the Act), as amended. The Act requires that 
those thermal features in units of the National Park System that are 
determined to be significant, and included in or added to the list at 
30 U.S.C. 1026, must be protected from any geothermal leasing, 
exploration, development or utilization that might adversely affect 
those features.

DATES: Comments must be received on or before January 27, 2017 to be 
assured of receiving consideration. After considering all comments 
received, the NPS will issue a final notice of the Department's 
determination in the Federal Register. Copies of public comments 
received in response to this Notice will be available for public review 
according to the specifications of the final notice.

ADDRESSES: Submit comments to the PEPC Web site at https://parkplanning.nps.gov/vallego.

FOR FURTHER INFORMATION CONTACT: Ms. Julia F. Brunner, Policy and 
Regulatory Specialist, Geologic Resources Division, National Park 
Service, P.O. Box 25287, Lakewood CO 80225-0287; telephone 303-969-
2012.

SUPPLEMENTARY INFORMATION: The Geothermal Steam Act (the Act), as 
amended, authorizes the Secretary of the Interior (Secretary) to issue 
geothermal leases for exploration, development and utilization of 
geothermal resources on available public lands administered by the 
Department of the Interior, as well as on federal lands administered by 
the Department of Agriculture, and on lands that have been conveyed by 
the United States subject to a reservation to the United States of the 
geothermal resources in those lands. 30 U.S.C. 1002. The Bureau of Land 
Management (BLM) administers the geothermal program pursuant to its 
regulations at 43 CFR parts 3000, 3200, and 3280. On federal lands 
managed by the Agriculture Department or used for a federal water power 
project, the BLM must first obtain the consent of the Secretary of 
Agriculture or Secretary of Energy, respectively, before it may issue 
any leases for geothermal resources underlying those lands. See 30 
U.S.C. 1014(b).
    The Act does not make lands administered by the NPS subject to 
geothermal leasing, thereby prohibiting geothermal leasing in park 
units (30 U.S.C. 1002, 1014(c)). In addition, the Valles Caldera 
National Preserve has been expressly withdrawn from the operation of 
the geothermal leasing laws. 16 U.S.C. 698v-11(b)(9).
    The Act requires the Secretary to maintain a list of significant 
thermal features within units of the National Park System (30 U.S.C. 
1026(a)). For those listed significant thermal features, the Act 
requires:
    (1) The Secretary to maintain a monitoring program, including a 
research program carried out by NPS in cooperation with the U.S. 
Geological Survey (30 U.S.C. 1026(b));
    (2) the Secretary to determine, on the basis of scientific 
evidence, and subject to notice and public comment, whether 
exploration, development, or utilization of the land subject to a lease 
application would be reasonably likely to result in a significant 
adverse effect on any listed feature and, if so, not to issue the lease 
(30 U.S.C. 1026(c));
    (3) the Secretary to determine, on the basis of scientific 
evidence, whether the exploration, development, or utilization of the 
land subject to a lease or drilling permit is reasonably likely to 
adversely affect any listed features and, if so, to include 
stipulations in the lease or drilling permit to protect those features 
(30 U.S.C. 1026(d));
    (4) the Secretary of Agriculture to consider the effects on 
significant thermal features within units of the National Park System 
in determining whether to consent to leasing on national forest lands 
or other lands administered by the Department of Agriculture (30 U.S.C. 
1026(e)).
    The Act lists sixteen park units as having significant thermal 
features, and the Act also authorizes the Secretary to add significant 
thermal features within park units to the list after notice and public 
comment (see 30 U.S.C. 1026(a)).

[[Page 95633]]

With regard to the proposed designation of the thermal features within 
Valles Caldera, it is instructive to briefly review the earlier law and 
Federal Register notices on which the provisions of the Act, which are 
described above, were based.
    In 1986, the Department of the Interior and Related Agencies 
Appropriations Act, Pub. L. 99-591, Section 115 paragraph 2(a) (the 
1986 Act) directed the Secretary to collect and publish in the Federal 
Register, within 120 days, a proposed list of significant thermal 
features within park units, and provided a preliminary list of 22 park 
units. The 1986 Act required four criteria to be applied to each 
thermal feature when making an overall determination of significance. 
These four criteria were:
    (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 park unit was created.
    The Department designated the NPS as the lead agency to prepare and 
publish the list. On February 13, 1987, as directed by the 1986 Act, 
the NPS published a Notice of the Proposed List of Significant Thermal 
Features within Units of the National Park System (52 FR 4700). After 
receiving 23 comments on the February 1987 notice, the NPS published 
the final list on August 3, 1987 (52 FR 28790), concluding that 13 park 
units contained significant thermal features. The 1988 Act subsequently 
listed these 13 park units, as well as three additional park units, as 
containing significant thermal features (30 U.S.C. 1001(f)).
    In the process of designating the significant thermal features 
pursuant to the 1986 Act, the NPS defined a ``thermal feature'' broadly 
as ``surface manifestations of a subsurface heat source'' (see 52 FR 
29890, 28792 (Aug. 3, 1987)) or ``subsurface thermal activity'' (see 52 
FR 4700, 4702 (Feb. 13, 1987)). The NPS's 1987 definition of ``thermal 
feature'' encompassed not only the surface manifestations of underlying 
hydrothermal systems, but also surface manifestations of volcanic 
processes (see 52 FR 29890, 28792). When listing various thermal 
features, the NPS categorized them as ``hydrothermal'' or ``volcanic'' 
to indicate the surface manifestation resulting from differing types of 
subsurface thermal activity, systems or features, although this 
description did not affect the significance of any particular feature 
(see id.; 53 FR 4700, 4702).
    More recently, the NPS has defined ``thermal resources'' as 
comprising a subsurface heat source, heat conduit rock formations, and 
air and/or water that circulates through the formation and may 
discharge at the surface; such resources create features such as 
geysers, hot springs, mudpots, fumaroles, unique/rare mineral 
precipitates and formations, and hydrophilic biotic communities (NPS 
Management Policies Sec.  4.8.2.3)(2006)). To be consistent with both 
the 1987 and the 2006 definitions, the NPS proposes in this notice to 
define ``thermal feature'' as the surface manifestation of subsurface 
thermal resources, systems, or activity, and to use the words 
``hydrothermal'' and ``volcanic'' as a simple description of the type 
of underlying thermal activity that resulted in how the feature appears 
on the earth's surface.
    For the purpose of this notice, the NPS also proposes to remain 
consistent with both of its 1987 interpretations of the four 
significance criteria as follows:
    (1) Size, extent, and uniqueness--NPS does not establish lower or 
upper limits on the size or extent of a feature. Each feature is 
identified according to its existing surface dimensions. For a feature 
to be considered significant under this criterion, it is identified as 
unique to the region, the nation, or, in some cases, the world.
    (2) Scientific and geologic significance--NPS considers the feature 
``significant'' when the feature has been identified as contributing to 
geologic, biological, or other scientific knowledge compared with 
similar features in other areas or makes a significant contribution to 
the understanding of similar systems.
    (3) The extent to which such features remain in a natural, 
undisturbed condition--Under this criterion, no limits are established 
for amount or degree of development. The feature may be significant if 
it remains in a natural, relatively undisturbed condition. 
Modifications or improvements may be acceptable if: The alterations 
were necessary to preserve a developed feature; modifications intended 
to accommodate or improve public enjoyment of the feature are judged to 
be consistent or compatible with the intent of the enabling 
legislation; and so long as disturbances or developments, if any, have 
not affected the subsurface thermal regime.
    (4) Significance of thermal features to the authorized purposes for 
which the park unit was created--NPS considers features significant if 
they were the basis for establishment of the unit (i.e., the feature 
was specifically identified in the enabling legislation) or if they are 
consistent with the statutory purposes for which the area was set aside 
(see 52 FR at 28793).

[[Page 95634]]

[GRAPHIC] [TIFF OMITTED] TN28DE16.011

Proposal

    Valles Caldera National Preserve was added as a unit of the 
National Park System on December 19, 2014. This unit includes the vast 
majority of the caldera itself, which is hereby proposed for addition 
to the list of significant thermal features as a single volcanic 
feature. Excepted from this proposal is the portion of the caldera (10-
15%) which lies outside the Preserve's western and southern boundaries 
(see Figure 1). The subsurface heat that remains of this volcanic 
activity allows meteoric waters percolating down from the surface to 
become heated, which is expressed at the surface in several places 
within and in the vicinity of the caldera in the form of hydrologic hot 
springs or, in dry seasons, fumaroles or steam vents. The Preserve 
contains numerous thermal features (single or grouped contiguous 
features such as hot spring pools) in four geographic areas containing 
surface waters (Redondo Creek, Alamo Canyon, Sulphur Creek Canyon, and 
San Antonio Creek), as well as seasonal fumaroles and acid ponds or 
springs. These thermal features are also separately proposed for 
inclusion to the list as significant thermal (hydrothermal) features.

[[Page 95635]]

[GRAPHIC] [TIFF OMITTED] TN28DE16.012

[GRAPHIC] [TIFF OMITTED] TN28DE16.013


[[Page 95636]]



Caldera Thermal Feature

    The Department proposes to list the entirety of the caldera that 
lies within Valles Caldera National Preserve as one significant thermal 
feature. The Preserve's thermal feature is part of a geothermal 
landscape that extends beyond the Preserve's perimeter boundary; 
thermal features located outside the Preserve's perimeter boundary are 
not included in this proposed designation (Fig. 2). The magma chamber 
beneath the Preserve is located under the southwest portion of the 
caldera (Fig. 3), with surface expressions of thermal features 
primarily in the vicinity of Redondo Canyon, Sulphur Creek Canyon, and 
Alamo Canyon. A total of 29 geothermal fumaroles have been mapped in 
these canyons (Fig. 4), and others may exist in other areas of the 
Preserve that have not yet been surveyed (Goff and Goff, 2017). 
Currently, approximately \1/3\ of the Preserve has been surveyed. In 
addition, a detailed geologic and hydrologic GIS map has been 
developed. See http://geoinfo.nmt.edu/repository/data/2011/20110002/GM-79_mapsheet.pdf. (Fig. 5).
[GRAPHIC] [TIFF OMITTED] TN28DE16.014


[[Page 95637]]


[GRAPHIC] [TIFF OMITTED] TN28DE16.015

    The following significance criteria have been analyzed and are 
applicable to every component of the caldera feature and volcanic 
system within the Preserve.
    (1) Size, extent, and uniqueness:
    The approximately 89,000-acre Preserve encompasses a 1.25 million 
year-old dormant volcanic caldera (13.7 miles in diameter) that lies in 
the center of the Jemez Mountains in northern New Mexico. The youngest 
post-caldera volcanic eruption (Banco Bonito Rhyolite lava flow) 
occurred about 68 thousand years ago. The Valles Caldera that formed 
1.25 million years ago is the younger of two calderas within the 
Preserve, and lies to the southwest of the comparably sized but now 
nearly imperceptible Toledo Caldera (1.62 Ma; Fig. 6). Each caldera 
produced about 95 mi\3\ (400 km\3\) of ash flow tuff collectively known 
as the Bandelier Tuff. Numerous geothermal features occur throughout 
the Jemez Mountains. The Preserve does not encompass the entirety of 
the Valles Caldera depression itself--a portion of the northwestern 
caldera lies outside the boundary of the park unit to the west and 
south of the Preserve, in the Santa Fe National Forest. The subsurface 
volcanic heat anomaly or thermal system similarly extends outside of 
the park unit to the west.
    (2) Scientific and geologic significance:
    Water, steam, and soil samples from these sites have been and 
continue to be collected by scientists conducting geothermal and 
planetary research, and by scientists searching for living organisms in 
extreme environments. Because of its geologic uniqueness, NPS staff 
will use this area for public education, as the site illustrates the 
exceptional geologic values of the Jemez Mountains--sulfuric acid 
fumaroles and mud pots, and chloride-bicarbonate hot springs and cold 
springs--all characteristics of geologically active volcanic 
formations.
    (3) The extent to which the feature remains in a natural, 
undisturbed condition:
    The San Antonio Warm Springs and the Sulphur Springs-Alamo Canyon 
areas have been moderately to significantly disturbed by development 
(recreational structures, containment ponds, and other improvements as 
well as several geothermal exploration wells (drilled between 1970-
1984), most of which have been permanently capped and reclaimed) that 
occurred prior to federal acquisition of the Preserve in 2000; however, 
such alterations have not changed the thermal regime. Other features, 
such as acid ponds and fumaroles, are undisturbed in natural habitats. 
Despite some past geothermal exploration and drilling, the caldera 
itself as a volcanic feature remains unaffected in the operation of its 
volcanic thermal regime, and thus remains in a natural, undisturbed 
condition.

[[Page 95638]]

    (4) Significance of thermal features to the authorized purposes for 
which the park unit was created:
    Valles Caldera National Preserve was established ``to protect, 
preserve, and restore the fish, wildlife, watershed, natural, 
scientific, scenic, geologic, historic, cultural, archaeological, and 
recreational values of the area'' (Pub. L. 113-291, Sec. 3043(b)(1)). 
The caldera is an important natural and geologic resource, contributes 
to scientific understanding of the geology of the region, and also 
contributes to the other values for which this NPS unit was 
established.
    Conclusion: Because the Valles Caldera appears to meet all four 
criteria as a volcanic feature, the Department proposes to add it to 
the list of significant thermal features within the National Park 
System.

Hydrothermal Features

    Like Yellowstone National Park, which is also a caldera, Valles 
Caldera National Preserve contains multiple hydrothermal features that 
are related to the magma source. In addition, the dynamic nature of 
this area means that additional hydrothermal features may develop over 
time. The NPS therefore proposes to list these hydrothermal features as 
one significant thermal feature. The following significance criteria 
have been analyzed for each feature listed and has been found to be 
applicable to each feature within the system.
    (1) Size, extent, and uniqueness:
    Size--The hydrothermal features within the Preserve are located on 
approximately 500 acres.
    Extent--(a) San Antonio Warm Spring is a single spring discharging 
potable hot water at 101[emsp14][deg]F, over which 20th-century 
ranchers built an enclosed concrete bath adjacent to a nearby cabin. 
This spring is located in the north-central portion of the Preserve 
adjacent to the segment of the San Antonio Creek within the Valle San 
Antonio.
    (b) In addition, the Preserve has numerous hot and cold sulfuric 
acid fumaroles, particularly in the Alamo Canyon and Redondo Canyon 
regions. There are at least 29 fumaroles mapped in the Redondo and 
Alamo canyon areas; see Fig 2 and the map at: http://geoinfo.nmt.edu/repository/data/2011/20110002/GM-79_mapsheet.pdf. Others may occur but 
have not been sampled or surveyed.
    (c) The 40-acre private inholding of Sulphur Springs contains the 
highest temperature hot springs (189[emsp14] [deg]F) in the state of 
New Mexico; the Sulphur Springs area includes at least 7 significant 
named hot springs, mud pots and fumaroles, all of which are thermally 
anomalous; several other acid springs and gas vents are cold. The 
springs include such colorful descriptive names as Kidney and Stomach 
Trouble Spring, Footbath Spring, Ladies' Bathhouse Spring, Laxitive 
[sic] Spring, Turkey Spring, Lemonade Spring, and Electric Spring. Some 
of these were historically referred to as Main Bathhouse Spring, Sour 
Spring, and Alum Spring.
    (d) Valle Grande spring: The easternmost named spring within the 
Preserve is the Valle Grande Spring (14 [deg]C), although topographic 
maps indicate numerous other surrounding unnamed springs.
    Uniqueness--These springs and fumaroles (some of which take the 
form of bubbling mudpots in wet seasons) are indicators of subsurface 
thermal processes, are unique to the region, and are easily accessible 
for study and research; there are no comparable features in the State 
of New Mexico. The only other places in the United States that have 
such systems are Yellowstone National Park in Wyoming, Montana, and 
Idaho; Lassen Volcano, the Long Valley Caldera, and The Geysers in 
California, the latter two having thermal regimes degraded by 
geothermal production; and a very small system at Dixie Valley, Nevada.
    (2) Scientific and geologic significance: Water, steam, and soil 
samples from these sites have been and continue to be collected by 
scientists conducting geothermal and planetary research, and by 
scientists searching for living organisms in extreme environments. 
Because of its geologic uniqueness, NPS staff will use this area for 
public education, as the site illustrates the exceptional geologic 
values of the Jemez Mountains--sulfuric acid fumaroles, mud pots, hot 
springs, cold springs--all characteristics of geologically active 
volcanic formations.
    (3) The extent to which the feature remains in a natural, 
undisturbed condition: San Antonio Warm Spring has been slightly to 
moderately disturbed by construction of recreational structures such as 
a cabin and a containment ponds that occurred prior to federal 
acquisition of the Preserve in 2000, but these were constructed to 
support the recreational use of the feature. However, such alterations 
have not changed the thermal regime. The overall hydrothermal system 
activity and temperature thus remains unchanged and in a natural, 
undisturbed state. The Sulphur Springs-Alamo Canyon areas were 
moderately to significantly disturbed by development (recreational 
structures, containment ponds, and other improvements as well as 
several geothermal exploration wells (drilled between 1970-1984); 
however, such alterations have not changed the thermal regime. Other 
features, including the Redondo Creek fumaroles (steam vents in dry 
season and mud pots or minor springs in wet seasons) are undisturbed in 
natural habitats. The overall hydrothermal system remains unchanged 
because it was never subjected to full-scale commercial development.
    (4) Significance of the feature to the authorized purposes for 
which the unit was created: Valles Caldera National Preserve was 
established ``to protect, preserve, and restore the fish, wildlife, 
watershed, natural, scientific, scenic, geologic, historic, cultural, 
archaeological, and recreational values of the area'' (Pub. L. 113-291, 
Sec. 3043(b)(1) (emphasis added)). While the Act does not specifically 
refer to hydrothermal features or their use by the public among the 
criteria for which the park unit was created, the presence and 
preservation of such features as surface expressions of the subsurface 
volcanic activity is consistent with the purposes and uses of which the 
park was created. The hydrothermal features are important geologic 
resources associated with the Preserve and the Jemez Mountains, 
contribute to scientific understanding of the geology of the region, 
and also contribute to the other values for which this system unit was 
established.
    Conclusion: Because the hydrothermal system at Valles Caldera 
appears to meet all four criteria, the Department proposes to add it to 
the list of significant thermal features within the National Park 
System.
    Once designated, the NPS will continue to work closely with the BLM 
and the U.S. Forest Service to ensure that monitoring data and other 
scientific information regarding the significant thermal features of 
Valles Caldera National Preserve are incorporated into leasing and 
permitting decisions.

References

Aprea, M., Hildebrande, S., Fehler, M., Steck, L., Baldridge, W., 
Roberts, P, Thurber, C., Lutter, W., (2002). Three-dimensional 
Kirchhoff migration: Imaging of the Jemez volcanic field using 
teleseismic data: Journal of Geophysical Research v. 107, p. 2247-
2262.
Gardner, J.N., Goff, F., Kelley, S., and Jacobs, E. (2010) Rhyolites 
and associated deposits of the Valles-Toledo caldera complex. New 
Mexico Geology, v. 32, p. 3-18.
Goff, F. (2009) Valles Caldera: A Geologic History. University of 
New Mexico Press,

[[Page 95639]]

Albuquerque, New Mexico.
Goff, F., and Goff, C.J., In Press (2016-17), Overview of the Valles 
Caldera (Baca) geothermal system, New Mexico, in (McLemore, V.T. and 
Timmons, S., eds.) Energy and Mineral Resources of New Mexico. New 
Mexico Bureau of Geology and Mineral Resources, Special Publication 
13, 50 pages, with 5 tables, 1 appendix, and 40 figures.
Goff, F. (2002). ``Geothermal Potential of Valles Caldera, New 
Mexico.'' GHC Bulletin, December 2002.
Goff, F. and Grigsby, C. (1982). Valles Caldera Geothermal Systems, 
New Mexico, USA. Journal of Hydrology, 56 (1982) pp. 119-136.
Geologic Map of the Jemez mountains, Valles Caldera (2011). http://geoinfo.nmt.edu/repository/data/2011/20110002/GM-79_mapsheet.pdf. 
http://en.openei.org/wiki/Valles_Caldera--Sulphur_Springs_Geothermal_Area/#Regional Setting.
Trainer, F.W.; Rogers, R.J., and M.L. Sorey, 2000. ``Geothermal 
Hydrology of Valles Caldera and the Southwestern Jemez Mountains, 
New Mexico.'' U.S. Geological Survey, Water Resources Investigation 
report 00-4067, 115 pp. www.hotspringsenthusiast.com/newmexico.asp.

    Dated: December 19, 2016.
Michael Bean,
Principal Deputy Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 2016-31270 Filed 12-27-16; 8:45 am]
 BILLING CODE 4312-52-P