[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3346 Reported in Senate (RS)]
<DOC>
Calendar No. 598
118th CONGRESS
2d Session
S. 3346
To amend the Wild and Scenic Rivers Act to designate certain streams in
the greater Yellowstone ecosystem and Smith River system in the State
of Montana as components of the Wild and Scenic Rivers System, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 27, 2023
Mr. Tester introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
November 21, 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Wild and Scenic Rivers Act to designate certain streams in
the greater Yellowstone ecosystem and Smith River system in the State
of Montana as components of the Wild and Scenic Rivers System, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Montana Headwaters Legacy
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS; PURPOSE.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) the streams designated as components of the
Wild and Scenic Rivers System by the amendment made by section
4(a) are cherished by the people of the State of Montana and
visitors from across the United States and around the world for
their clean water, abundant fish and wildlife, spectacular
natural settings, and outstanding recreational
opportunities;</DELETED>
<DELETED> (2) Indian Tribes have used the streams referred
to in paragraph (1) for hunting, fishing, gathering, and other
cultural purposes since time immemorial;</DELETED>
<DELETED> (3) recreational activities (including fishing,
hunting, camping, paddling, hiking, swimming, rock climbing,
horseback riding, and wildlife watching) on the streams
referred to in paragraph (1) and the surrounding land generate
billions of dollars annually for the economy of the State of
Montana;</DELETED>
<DELETED> (4) the multi-billion dollar agricultural industry
in the State of Montana thrives on the availability of clean
water that originates in headwaters streams on Federal public
land;</DELETED>
<DELETED> (5) the streams referred to in paragraph (1)--
</DELETED>
<DELETED> (A) are national treasures;</DELETED>
<DELETED> (B) possess outstandingly remarkable
values; and</DELETED>
<DELETED> (C) merit the high level of protection
afforded by the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.) in order to maintain the benefits
provided by the streams described in paragraphs (1)
through (3) for future generations to enjoy;
and</DELETED>
<DELETED> (6) designation of select public land segments of
the streams referred to in paragraph (1) under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) would recognize the
importance of maintaining the values of each stream while--
</DELETED>
<DELETED> (A) preserving public access;</DELETED>
<DELETED> (B) respecting private property
rights;</DELETED>
<DELETED> (C) allowing appropriate maintenance of
existing infrastructure; and</DELETED>
<DELETED> (D) allowing historical uses to
continue.</DELETED>
<DELETED> (b) Purpose.--The purpose of this Act is to designate
certain segments and tributaries of the Missouri River and Yellowstone
River Headwaters in the State of Montana as components of the National
Wild and Scenic Rivers System to preserve and protect for present and
future generations the outstandingly remarkable values of each stream
and tributary.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Covered segment.--The term ``covered segment''
means a river segment designated by paragraphs (233) through
(252) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by section 4(a)).</DELETED>
<DELETED> (2) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).</DELETED>
<DELETED> (3) Secretary concerned.--The term ``Secretary
concerned'' means--</DELETED>
<DELETED> (A) the Secretary of the Interior, with
respect to a covered segment under the jurisdiction of
the Secretary of the Interior; and</DELETED>
<DELETED> (B) the Secretary of Agriculture, with
respect to a covered segment under the jurisdiction of
the Secretary of Agriculture.</DELETED>
<DELETED> (4) State.--The term ``State'' means the State of
Montana.</DELETED>
<DELETED>SEC. 4. DESIGNATION OF WILD AND SCENIC RIVER
SEGMENTS.</DELETED>
<DELETED> (a) In General.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(233) Smith river, montana.--The portion of the
Smith River consisting of the approximately 24-mile segment
from the confluence of Tenderfoot Creek downstream to the
confluence of Deep Creek, to be administered by the Secretary
of Agriculture as a scenic river.</DELETED>
<DELETED> ``(234) Tenderfoot creek, montana.--The portion of
Tenderfoot Creek consisting of the approximately 21-mile
segment from the confluence with Iron Mines Creek downstream to
the confluence with the Smith River, to be administered by the
Secretary of Agriculture as a scenic river.</DELETED>
<DELETED> ``(235) Gallatin river, montana.--The portion of
the Gallatin River in the State of Montana consisting of the
approximately 39-mile segment from the Yellowstone National
Park boundary downstream to the confluence of Spanish Creek, to
be administered by the Secretary of Agriculture as a
recreational river.</DELETED>
<DELETED> ``(236) Hyalite creek, montana.--The portion of
Hyalite Creek consisting of the approximately 6-mile segment
from the source in the Gallatin Range downstream to Hyalite
Reservoir, to be administered by the Secretary of Agriculture
as a scenic river.</DELETED>
<DELETED> ``(237) Taylor creek, montana.--The portion of
Taylor Creek consisting of--</DELETED>
<DELETED> ``(A) the approximately 3-mile segment
from the source in the Madison Range downstream to the
Lee Metcalf Wilderness boundary, to be administered by
the Secretary of Agriculture as a wild river;
and</DELETED>
<DELETED> ``(B) the approximately 15-mile segment
from the Lee Metcalf Wilderness boundary downstream to
the Gallatin River, to be administered by the Secretary
of Agriculture as a recreational river, with the
boundary of the corridor flowing through the private
land of Nine Quarter Circle Ranch being the ordinary
high water mark.</DELETED>
<DELETED> ``(238) Madison river, montana.--The portions of
the Madison River in the State of Montana, consisting of--
</DELETED>
<DELETED> ``(A) the approximately 42-mile segment
from the confluence of Cabin Creek downstream to the
point at which the river leaves Bureau of Land
Management land at the north boundary of T. 8 S., R. 1
W., sec. 10, approximately 1 mile north of the
confluence of Cherry Creek, to be administered by the
Secretary of Agriculture and the Secretary of the
Interior as a recreational river;</DELETED>
<DELETED> ``(B) the approximately 7-mile segment
from 800 feet downstream of Madison Dam Powerhouse
downstream to the Lee Metcalf Wilderness boundary, to
be administered by the Secretary of the Interior as a
wild river; and</DELETED>
<DELETED> ``(C) the approximately 7-mile segment
from the Lee Metcalf Wilderness Boundary downstream to
the Bureau of Land Management boundary at the Black's
Ford Fishing Access Site, to be administered by the
Secretary of the Interior as a recreational
river.</DELETED>
<DELETED> ``(239) Bear creek, montana.--The portions of Bear
Creek consisting of--</DELETED>
<DELETED> ``(A) the approximately 2-mile segment
from the source downstream to the Absaroka-Beartooth
Wilderness boundary, to be administered by the
Secretary of Agriculture as a wild river; and</DELETED>
<DELETED> ``(B) the approximately 7-mile segment
from the Absaroka-Beartooth Wilderness boundary to the
confluence with the Yellowstone River, to be
administered by the Secretary of Agriculture as a
recreational river.</DELETED>
<DELETED> ``(240) Boulder river, montana.--The portions of
the Boulder River consisting of--</DELETED>
<DELETED> ``(A) the approximately 3-mile segment
from the source in the Absaroka-Beartooth Wilderness
downstream to the Absaroka-Beartooth Wilderness
boundary, to be administered by the Secretary of
Agriculture as a wild river; and</DELETED>
<DELETED> ``(B) the approximately 30-mile segment
from the Absaroka-Beartooth Wilderness boundary
downstream to the Custer Gallatin National Forest
boundary downstream of Natural Bridge Falls, to be
administered by the Secretary of Agriculture as a
recreational river.</DELETED>
<DELETED> ``(241) Hellroaring creek, montana.--The portion
of Hellroaring Creek consisting of the approximately 19-mile
segment from the source in the Absaroka-Beartooth Wilderness
downstream to the Custer Gallatin National Forest boundary, to
be administered by the Secretary of Agriculture as a wild
river.</DELETED>
<DELETED> ``(242) Lake fork rock creek, montana.--The
portions of Lake Fork Rock Creek consisting of--</DELETED>
<DELETED> ``(A) the approximately 11-mile segment
from the source in the Absaroka-Beartooth Wilderness
downstream to the Absaroka-Beartooth Wilderness
boundary, to be administered by the Secretary of
Agriculture as a wild river; and</DELETED>
<DELETED> ``(B) the approximately 2-mile segment
from the Absaroka-Beartooth Wilderness boundary to the
confluence with Rock Creek, to be administered by the
Secretary of Agriculture as a recreational
river.</DELETED>
<DELETED> ``(243) Rock creek, montana.--The portion of Rock
Creek in the State of Montana consisting of the approximately
14-mile segment from the border between the States of Montana
and Wyoming to the Custer Gallatin National Forest boundary, to
be administered by the Secretary of Agriculture as a
recreational river.</DELETED>
<DELETED> ``(244) Slough creek, montana.--The portion of
Slough Creek consisting of the approximately 19-mile segment
from the source in the Absaroka-Beartooth Wilderness downstream
to the Custer Gallatin National Forest boundary, to be
administered by the Secretary of Agriculture as a wild
river.</DELETED>
<DELETED> ``(245) Stillwater river, montana.--The portions
of the Stillwater River consisting of--</DELETED>
<DELETED> ``(A) the approximately 26-mile segment
from the source in the Absaroka-Beartooth Wilderness
downstream to the Wilderness boundary, to be
administered by the Secretary of Agriculture as a wild
river; and</DELETED>
<DELETED> ``(B) the approximately 3-mile segment
from the Absaroka-Beartooth Wilderness boundary
downstream to Flume Creek, to be administered by the
Secretary of Agriculture as a recreational
river.</DELETED>
<DELETED> ``(246) West boulder river, montana.--The portion
of the West Boulder River consisting of the approximately 15-
mile segment from the source in the Absaroka-Beartooth
Wilderness downstream to the Wilderness boundary, to be
administered by the Secretary of Agriculture as a wild
river.</DELETED>
<DELETED> ``(247) West fork stillwater river, montana.--The
portion of the West Fork Stillwater River consisting of the
approximately 14-mile segment from the source in the Absaroka-
Beartooth Wilderness downstream to the Absaroka-Beartooth
Wilderness boundary, to be administered by the Secretary of
Agriculture as a wild river.</DELETED>
<DELETED> ``(248) West fork of rock creek, montana.--The
portions of West Fork of Rock Creek consisting of--</DELETED>
<DELETED> ``(A) the approximately 9-mile segment
from the source in the Absaroka-Beartooth Wilderness
downstream to the Absaroka-Beartooth Wilderness
boundary, to be administered by the Secretary of
Agriculture as a wild river; and</DELETED>
<DELETED> ``(B) the approximately 11-mile segment
from the Absaroka-Beartooth Wilderness boundary
downstream to the Custer Gallatin National Forest
boundary, to be administered by the Secretary of
Agriculture as a recreational river.</DELETED>
<DELETED> ``(249) Yellowstone river, montana.--The portion
of the Yellowstone River in the State of Montana, consisting of
the approximately 19-mile segment from the Yellowstone National
Park boundary in Gardiner, Montana, downstream to the
confluence with Rock Creek at the Cabella Fishing Access Site,
to be administered by the Secretary of Agriculture and the
Secretary of the Interior as a recreational river.</DELETED>
<DELETED> ``(250) Cabin creek, montana.--The portions of
Cabin Creek in the State of Montana, consisting of--</DELETED>
<DELETED> ``(A) the approximately 7-mile segment
from the source in the Madison Range downstream to the
fish barrier, to be administered by the Secretary of
Agriculture as a wild river; and</DELETED>
<DELETED> ``(B) the approximately 1-mile segment
from the fish barrier downstream to the confluence with
the Madison River, to be administered by the Secretary
of Agriculture as a recreational river, subject to the
condition that the designation of the segment shall not
preclude maintenance or management of the fish barrier
by cooperating Federal and State agencies.</DELETED>
<DELETED> ``(251) Middle fork of cabin creek, montana.--The
portion of the Middle Fork of Cabin Creek in the State of
Montana, consisting of the approximately 5-mile segment from
the source in the Madison Range downstream to the confluence
with Cabin Creek, to be administered by the Secretary of
Agriculture as a wild river.</DELETED>
<DELETED> ``(252) Clarks fork of the yellowstone river,
montana.--The portions of the Clarks Fork of the Yellowstone
River in the State of Montana, consisting of--</DELETED>
<DELETED> ``(A) the approximately 1-mile segment
from Broadwater River downstream to the Absaroka-
Beartooth Wilderness boundary, to be administered by
the Secretary of Agriculture as a scenic river;
and</DELETED>
<DELETED> ``(B) the approximately 2-mile segment
from Absaroka-Beartooth Wilderness boundary downstream
to the Montana-Wyoming State line, to be administered
by the Secretary of Agriculture as a wild
river.''.</DELETED>
<DELETED> (b) Consent of Owner of Land Required.--No land or
interest in land located within the boundary of a covered segment may
be acquired by the Secretary concerned without the consent of the owner
of the land or interest in land.</DELETED>
<DELETED> (c) Effect of Designations on Water Rights.--Nothing in
this Act or an amendment made by this Act affects valid existing
rights, including--</DELETED>
<DELETED> (1) Federal, Tribal, and interstate water compacts
in existence on the date of enactment of this Act (including
full development of any apportionment made in accordance with
the compacts);</DELETED>
<DELETED> (2) water rights in the State; and</DELETED>
<DELETED> (3) water rights held by the United
States.</DELETED>
<DELETED> (d) Effect of Designations on Hebgen and Madison
Developments.--The designation of a covered segment by section 4(a)
shall