[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