[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1846 Introduced in House (IH)]

  1st Session
                                H. R. 1846

To establish the Yellowstone Headwaters National Recreation Area within 
 the Gallatin and Custer National Forests in the State of Montana, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 1995

Mr. Richardson (for himself, Mr. Abercrombie, Mr. Barrett of Wisconsin, 
Mr. Beilenson, Mr. Bryant of Texas, Mr. Coleman, Mr. DeFazio, Mr. Farr, 
 Mr. Filner, Mr. Foglietta, Mr. Frank of Massachusetts, Mr. Gutierrez, 
  Mr. Hinchey, Mr. Kennedy of Massachusetts, Mr. Kildee, Mr. Lewis of 
 Georgia, Mrs. Meek of Florida, Mr. Moran, Mr. Nadler, Mr. Olver, Mr. 
  Pastor, Mr. Porter, Mrs. Schroeder, Ms. Slaughter, Mr. Smith of New 
   Jersey, Mr. Studds, Mr. Underwood, Ms. Velazquez, Mr. Vento, Mr. 
Waxman, Mr. Yates, and Mr. Evans) introduced the following bill; which 
               was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Yellowstone Headwaters National Recreation Area within 
 the Gallatin and Custer National Forests in the State of Montana, 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. FINDINGS.

    The Congress finds that--
            (1) the superlative natural and scenic resources of the 
        Yellowstone area lead Congress in 1872 to establish Yellowstone 
        National Park as the world's first national park;
            (2) in recognition of its resource values and international 
        importance, Yellowstone National Park has been designated a 
        World Heritage Site;
            (3) the Absaroka-Beartooth National Wilderness Area was 
        designated in 1978 to protect the wilderness and ecological 
        values of certain lands north and east of Yellowstone National 
        Park;
            (4) a 20.5 mile segment of the Clarks Fork of the 
        Yellowstone River was designated in 1990 as a component of the 
        National Wild and Scenic Rivers System, the only such 
        designation within the State of Wyoming, in order to preserve 
        and enhance the natural, scenic, and recreational resources of 
        such segment;
            (5) Henderson Mountain and certain lands of the Beartooth 
        Mountains contain important recreational, ecological, fish and 
        wildlife, scenic, and historical resource values;
            (6) Henderson Mountain and certain lands of the Beartooth 
        Mountains which are located upstream and adjacent to 
        Yellowstone National Park, the Absaroka-Beartooth National 
        Wilderness Area, and the Clarks Fork of the Yellowstone 
        National Wild and Scenic River, form the source of the 
        headwaters of 3 important river systems;
            (7) past and ongoing mining practices have degraded the 
        resource values of Henderson Mountain and the Beartooth 
        Mountains area; and
            (8) proposed mining activities in the area present a clear 
        and present danger to the resource values of the area as well 
        as those of Yellowstone National Park, the Absaroka-Beartooth 
        National Wilderness Area and the Clarks Fork National Wild and 
        Scenic River, and it is, therefore, in the public interest to 
        protect these lands from such mining activities.
SEC. 2. ESTABLISHMENT.

    (a) In General.--In order to conserve, protect, and restore the 
recreational, ecological, and wildlife resources of the Yellowstone 
headwaters area and provide for the protection of the adjacent 
Yellowstone National Park, Absaroka-Beartooth National Wilderness Area, 
and Clarks Fork National Wild and Scenic River, there is hereby 
established the Yellowstone Headwaters National Recreation Area within 
the Gallatin and Custer National Forests in the State of Montana 
(hereinafter in this Act referred to as the ``recreation area'').
    (b) Area Included.--The recreation area shall consist of the lands, 
waters, and interests therein within the area generally depicted on the 
map entitled ``Boundary Map, ...........'', numbered ____, and dated 
____. The map shall be on file and available for public inspection in 
the offices of the United States Forest Service, Department of 
Agriculture. The Secretary of Agriculture (hereinafter in this Act 
referred to as the ``Secretary'') may from time to time make minor 
revisions in the boundary of the recreation area to promote management 
effectiveness and efficiency in furtherance of the purposes of this 
Act. The Secretary shall publish notice of any such revision in the 
Federal Register.

SEC. 3. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the recreation area 
in accordance with this Act and with the provisions of law generally 
applicable to units of the national forest system. In the 
administration of such recreation area, the Secretary may utilize such 
statutory authority as may be available to him for the conservation of 
wildlife and natural resources as he deems necessary to carry out the 
purposes of this Act. Management of natural resources within the 
recreation area shall be permitted only to the extent such management 
is compatible with, and does not impair, the purposes for which the 
recreation area is established.
    (b) Management Plan.--The Secretary shall, not later than 3 years 
after the enactment of this Act, develop
 a management plan for the recreation area, as an amendment to the 
Gallatin and Custer National Forest Management Plans, to reflect the 
establishment of the recreation area and to conform to the provisions 
of this Act. Such plan shall contain, but not be limited to, measures 
to maintain and enhance traditional recreational use of the area, 
including use for such activities as hunting, fishing, hiking, camping, 
and snowmobiling. Nothing in this Act shall require the Secretary to 
revise the Gallatin or Custer National Forest Management Plan pursuant 
to section 6 of the Forest and Rangeland Renewable Resources Planning 
Act of 1974.
    (c) Hunting and Fishing.--The Secretary shall permit hunting and 
fishing on lands and waters within the recreation area in accordance 
with applicable Federal and State law. The Secretary may designate 
zones where, and establish periods when, such activities will not be 
permitted for reasons of public safety, administration, fish and 
wildlife management or public use and enjoyment. Except in emergencies 
any regulations issued by the Secretary under this subsection shall be 
put into effect only after consultation with the appropriate State 
agencies responsible for hunting and fishing activities.

SEC. 4. ACQUISITION OF LANDS.

    The Secretary is directed to acquire lands or interests in lands 
within the boundaries of the recreation area that are necessary to 
carry out the purposes of this Act by donation, purchase with donated 
or appropriated funds, or exchange. Lands within the boundaries of the 
recreation area which are owned by the State of Montana or any 
political subdivision thereof may only be acquired by donation or 
exchange.

SEC. 5. MINERALS AND MINING.

    (a) Withdrawals.--After the enactment of this Act:
            (1) Lands within the recreation area shall not be open to 
        location of mining claims under the mining laws of the United 
        States.
            (2) The Secretary of the Interior shall not issue any lease 
        under the mineral leasing or geothermal leasing laws of the 
        United States for lands within the recreation area.
            (3) Lands within the recreation area shall not be available 
        for disposal of mineral materials under the Act of July 31, 
        1947, commonly known as the Materials Act of 1947 (30 U.S.C. 
        601 and following).
    (b) Limitation on Patent Issuance.--Notwithstanding any other 
provision of law, no patents shall be issued after June 14, 1995, for 
any location or claim made in the recreation area under the mining laws 
of the United States.
    (c) Prohibition.--No Federal lands may be used in connection with 
any mining or mining-related activity within the recreation area.
    (d) Reclamation.--No mining or mining-related activity involving 
any surface disturbance of lands or waters within such area, including 
disturbance through subsidence, shall be permitted except in accordance 
with requirements imposed by the Secretary, including requirements for 
reasonable reclamation of disturbed lands to a visual and hydrological 
condition as close as practical to their premining condition.
    (e) Mining Claim Validity Review.--The Secretary of Agriculture 
shall undertake and complete within 3 years after the date of enactment 
of this Act an expedited program to examine all unpatented mining 
claims, including those for which a patent application has been filed, 
within the recreation area. Upon determination by the Secretary of 
Agriculture that the elements of a contest are present, the Secretary 
of the Interior shall expeditiously determine the validity of such 
claims. If a claim is determined to be invalid, the Secretary shall 
promptly declare the claim to be null and void.
    (f) Mining Remediation.--No department or agency of the United 
States or any officer or employee thereof may issue any permit, 
license, or other authorization to any person, for any mining or mining 
related activity within the recreation area until the Secretary has 
determined that previous mining related environmental damage that has 
occurred on lands owned or used by such person or any person who 
controls, is controlled by or under common control with, such person, 
has been remediated in accordance with applicable Federal and State 
requirements.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act.
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