[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1737 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1737

     To protect Yellowstone National Park, the Clarks Fork of the 
 Yellowstone National Wild and Scenic River and the Absaroka-Beartooth 
           National Wilderness Area, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 1996

  Mr. Bumpers introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To protect Yellowstone National Park, the Clarks Fork of the 
 Yellowstone National Wild and Scenic River and the Absaroka-Beartooth 
           National Wilderness Area, 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 ``Yellowstone Protection Act of 
1996''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the superlative natural and scenic resources of the 
        Yellowstone area led Congress in 1872 to establish Yellowstone 
        National Park as the world's first national park;
            (2) 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;
            (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) in recognition of its natural resource values and 
        international significance, Yellowstone National Park was 
        designated a World Heritage Site in 1978;
            (5) past and ongoing mining practices have degraded the 
        resource values of Henderson Mountain and adjacent lands 
        upstream of Yellowstone National Park, the Absaroka-Beartooth 
        National Wilderness Area and the Clarks Fork of the Yellowstone 
        National Wild and Scenic River, and acid mine pollution and 
        heavy metal contamination caused by such practices have 
        polluted the headwater sources of Soda Butte Creek and the 
        Lamar River, the Clarks Fork of the Yellowstone River and the 
        Stillwater River;
            (6) on September 1, 1995 approximately 19,100 acres of 
        Federal land upstream of Yellowstone National Park, the Clarks 
        Fork of the Yellowstone National Wild and Scenic River and the 
        Absaroka-Beartooth National Wilderness Area were segregated 
        from entry under the general mining laws for a two-year period, 
        in order to protect the watersheds within the drainages of the 
        Clarks Fork of the Yellowstone River, Soda Butte Creek and the 
        Stillwater River and to protect the water quality and fresh 
        water fishery resources within Yellowstone National Park;
            (7) because of proposed mineral development upstream of 
        Yellowstone National Park, and other reasons, the World 
        Heritage Committee added Yellowstone National Park to the 
        ``List of World Heritage in Danger'' in December, 1995; 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 Clarks Fork of the 
        Yellowstone National Wild and Scenic River and the Absaroka-
        Beartooth National Wilderness Area, and it is, therefore, in 
        the public interest to protect these lands and rivers from such 
        mining activities.

SEC. 3. PURPOSE.

    The purpose of the Act is to make permanent the present temporary 
segregation of lands upstream of Yellowstone National Park, Absaroka-
Beartooth National Wilderness Area and the Clarks Fork of the 
Yellowstone National Wild and Scenic River from entry under the general 
mining laws, restrict the use of certain Federal lands, and to provide 
assurance that the exercise of valid existing mineral rights does not 
threaten the water quality, fisheries and other resource values of this 
area.

SEC. 4. AREA INCLUDED.

    The area affected by this Act shall be comprised of approximately 
24,000 acres of lands and interests in lands within the Gallatin and 
Custer National Forests as generally depicted on the map entitled 
``Yellowstone Protection Act of 1996''. The map shall be on file and 
available for public inspection in the offices of the Chief of the 
Forest Service, Department of Agriculture, Washington, D.C.

SEC. 5. MINERALS AND MINING.

    (a) Withdrawal.--After enactment of this Act, and subject to valid 
existing rights, the lands segregated from entry under the general 
mining laws pursuant to the order contained on page 45732 of the 
Federal Register (September 1, 1995) shall not be--
            (1) open to location of mining claims under the general 
        mining laws of the United States;
            (2) available for leasing under the mineral leasing and 
        geothermal leasing laws of the United States; and
            (3) available for disposal of mineral materials under the 
        Act of July 31, 1947, commonly known as the Material Act of 
        1947 (30 U.S.C. 601 et seq.).
    (b) Limitation on Patent Issuance.--Subject to valid existing 
rights, no patents under the general mining laws shall be issued for 
any claim located in the area described in section 4.
    (c) Prohibition.--(1) Subject to valid existing rights, no Federal 
lands within the area described in section 4 may be used in connection 
with any mining related activity, except for reclamation.
    (2) Subject to valid existing rights, no Federal department or 
agency shall assist by loan, grant, license, or otherwise in the 
development or construction of cyanide heap- or vat-leach facilities, 
dams, or other impoundment structures for the storage of mine tailings, 
work camps, powerplants, electrical transmission lines, gravel or rock 
borrow pits or mills within the area described in section 4. However, 
nothing in this section shall limit reclamation.
    (d) Reclamation.--Any mining or mining related activities occurring 
in the area described in section 4 shall be subject to operation and 
reclamation requirements established by the Secretary of Agriculture, 
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 Reviews.--The Secretary of the Interior, 
in consultation with the Secretary of Agriculture, shall complete 
within three years of the date of enactment of this Act, a review of 
the validity of all claims under the general mining laws within the 
area described in section 4. If a claim is determined to be invalid, 
the claim shall be immediately declared null and void.
    (f) Plans of Operation.--(1) The Secretary of Agriculture shall not 
approve a plan of operation for mining activities within the area 
described in section 4 that threatens to pollute groundwater or surface 
water flowing into Yellowstone National Park, the Clarks Fork of the 
Yellowstone National Wild and Scenic River or the Absaroka-Beartooth 
National Wilderness Area.
    (2) Prior to granting an order approving a plan of operations for 
mining activities within the area described in section 4, the Secretary 
of Agriculture shall transmit the proposed plan of operation to the 
Secretary of the Interior and the Administrator of the Environmental 
Protection Agency, and the Governors of Montana and Wyoming.
    (3) Within 90 days of the date on which the proposed plan of 
operations is submitted for their review, the Secretary of the Interior 
and the Administrator of the Environmental Protection Agency shall 
either: (i) certify that the proposed plan of operation does not 
threaten to pollute groundwater or surface water flowing into 
Yellowstone National Park, the Clarks Fork of the Yellowstone National 
Wild and Scenic River or the Absaroka-Beartooth National Wilderness 
Area, or (ii) make recommendations for any actions or conditions that 
would be necessary to obtain their certification that the proposed plan 
of operation will not threaten such pollution.
    (4) The Secretary of Agriculture shall not approve a plan of 
operation unless: (i) the Secretary of the Interior and the 
Administrator of the Environmental Protection Agency provide the 
certification under subsection (f)(3) of this section, or (ii) the plan 
of operation is modified to adopt the recommendations made by them, and 
(iii) any comments submitted by the Governors of Montana and Wyoming 
are taken into account.
    (5) The Secretary of Agriculture shall not approve a plan of 
operation for any mining activities within the area described in 
section 4 that requires the perpetual treatment of acid mine pollution 
of surface or groundwater resources.
    (6) Prior to executing a final approval of the plan of operation, 
the Secretary of Agriculture shall transmit the proposed final plan to 
the President and Congress. The President and Congress shall have 6 
months from the date of submittal to consider and review the final plan 
of operation, before the Secretary of Agriculture may execute any final 
approval of such plan.
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