[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3346 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st 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
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montana Headwaters Legacy Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(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;
(2) Indian Tribes have used the streams referred to in
paragraph (1) for hunting, fishing, gathering, and other
cultural purposes since time immemorial;
(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;
(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;
(5) the streams referred to in paragraph (1)--
(A) are national treasures;
(B) possess outstandingly remarkable values; and
(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
(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--
(A) preserving public access;
(B) respecting private property rights;
(C) allowing appropriate maintenance of existing
infrastructure; and
(D) allowing historical uses to continue.
(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.
SEC. 3. DEFINITIONS.
In this Act:
(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)).
(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).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
a covered segment under the jurisdiction of the
Secretary of the Interior; and
(B) the Secretary of Agriculture, with respect to a
covered segment under the jurisdiction of the Secretary
of Agriculture.
(4) State.--The term ``State'' means the State of Montana.
SEC. 4. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.
(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:
``(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.
``(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.
``(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.
``(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.
``(237) Taylor creek, montana.--The portion of Taylor Creek
consisting of--
``(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
``(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.
``(238) Madison river, montana.--The portions of the
Madison River in the State of Montana, consisting of--
``(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;
``(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
``(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.
``(239) Bear creek, montana.--The portions of Bear Creek
consisting of--
``(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
``(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.
``(240) Boulder river, montana.--The portions of the
Boulder River consisting of--
``(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
``(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.
``(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.
``(242) Lake fork rock creek, montana.--The portions of
Lake Fork Rock Creek consisting of--
``(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
``(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.
``(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.
``(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.
``(245) Stillwater river, montana.--The portions of the
Stillwater River consisting of--
``(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
``(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.
``(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.
``(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.
``(248) West fork of rock creek, montana.--The portions of
West Fork of Rock Creek consisting of--
``(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
``(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.
``(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.
``(250) Cabin creek, montana.--The portions of Cabin Creek
in the State of Montana, consisting of--
``(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
``(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.
``(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.
``(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--
``(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
``(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.''.
(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.
(c) Effect of Designations on Water Rights.--Nothing in this Act or
an amendment made by this Act affects valid existing rights,
including--
(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);
(2) water rights in the State; and
(3) water rights held by the United States.
(d) Effect of Designations on Hebgen and Madison Developments.--The
designation of a covered segment by section 4(a) shall not--
(1) prohibit, preempt, or abridge the licensing by the
Federal Energy Regulatory Commission as a current or future
federally licensed hydroelectric generation project under part
I of the Federal Power Act (16 U.S.C. 792 et seq.) of any
hydroelectric project (including any aspect of existing or
future facilities, operations, and transmission lines of the
hydroelectric project) constructed on the Madison River as of
the date of enactment of this Act;
(2) prohibit, preempt, or abridge the licensing or
development by the Federal Energy Regulatory Commission as a
federally licensed generation project under part I of the
Federal Power Act (16 U.S.C. 792 et seq.) of any future
hydroelectric generation that might be added to the Hebgen and
Madison Developments (Federal Energy Commission project number
2188) (including any aspect of existing or future facilities,
operations, and transmission lines); or
(3) affect the operation of, or impose any, flow release
requirements at the Hebgen and Madison Developments described
in paragraph (2) that are intended to satisfy current or
future--
(A) Federal Energy Regulatory Commission license
conditions; or
(B) compliance or management plans approved by the
Federal Energy Regulatory Commission.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act
(including the amendments made by this Act).
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Montana Headwaters Legacy Act
#3346 | S Congress #118
Policy Area: Public Lands and Natural Resources
Last Action: Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held. (6/12/2024)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text