[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1281 Reported in Senate (RS)]
Calendar No. 789
110th CONGRESS
2d Session
S. 1281
[Report No. 110-357]
To amend the Wild and Scenic Rivers Act to designate certain rivers and
streams of the headwaters of the Snake River System as additions to the
National Wild and Scenic Rivers System.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2007
Mr. Thomas (for himself and Mr. Barrasso) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
June 16, 2008
Reported by Mr. Bingaman, 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 rivers and
streams of the headwaters of the Snake River System as additions to the
National Wild and Scenic Rivers System.
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 ``Snake Headwaters Legacy Act
of 2007''.</DELETED>
<DELETED>SEC. 2. FINDINGS; PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) the headwaters of the Snake River System in
northwest Wyoming feature some of the cleanest sources of
freshwater, healthiest native trout fisheries, and most intact
rivers and streams in the lower 48 States;</DELETED>
<DELETED> (2) the rivers and streams of the headwaters of
the Snake River System--</DELETED>
<DELETED> (A) provide unparalleled fishing, hunting,
boating, and other recreational activities for--
</DELETED>
<DELETED> (i) local residents; and</DELETED>
<DELETED> (ii) millions of visitors from
around the world; and</DELETED>
<DELETED> (B) are national treasures;</DELETED>
<DELETED> (3) each year, recreational activities on the
rivers and streams of the headwaters of the Snake River System
generate millions of dollars for the economies of--</DELETED>
<DELETED> (A) Teton County, Wyoming;</DELETED>
<DELETED> (B) Lincoln County, Wyoming; and</DELETED>
<DELETED> (C) Sublette County, Wyoming;</DELETED>
<DELETED> (4) to ensure that future generations of citizens
of the United States enjoy the benefits of the rivers and
streams of the headwaters of the Snake River System, Congress
should apply the protections provided by the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) to those rivers and
streams; and</DELETED>
<DELETED> (5) the designation of the rivers and streams of
the headwaters of the Snake River System under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to the
citizens of the United States the importance of maintaining the
outstanding and remarkable qualities of the Snake River System
while--</DELETED>
<DELETED> (A) preserving public access to those
rivers and streams;</DELETED>
<DELETED> (B) respecting private property rights
(including existing water rights); and</DELETED>
<DELETED> (C) continuing to allow traditional uses
of the rivers and streams, including--</DELETED>
<DELETED> (i) fishing;</DELETED>
<DELETED> (ii) hunting;</DELETED>
<DELETED> (iii) camping;</DELETED>
<DELETED> (iv) the use of all-terrain
vehicles;</DELETED>
<DELETED> (v) boating;</DELETED>
<DELETED> (vi) snowmobiling;</DELETED>
<DELETED> (vii) outfitting; and</DELETED>
<DELETED> (viii) livestock
grazing.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are--</DELETED>
<DELETED> (1) to protect for current and future generations
of citizens of the United States the remarkable scenic,
natural, wildlife, fishery, recreational, scientific, historic,
and ecological values of the rivers and streams of the
headwaters of the Snake River System; and</DELETED>
<DELETED> (2) to designate 442.5 miles of the rivers and
streams of the headwaters of the Snake River System as
additions to the National Wild and Scenic Rivers
System.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Secretary concerned.--The term ``Secretary
concerned'' means--</DELETED>
<DELETED> (A) the Secretary of Agriculture (acting
through the Chief of the Forest Service), with respect
to each river segment described in paragraph (170) of
section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by section 4(4)) that is not
located in the Grand Teton National Park; and</DELETED>
<DELETED> (B) the Secretary of the Interior, with
respect to each river segment described in paragraph
(170) of section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as added by section 4(4)) that is
located in the Grand Teton National Park.</DELETED>
<DELETED> (2) State.--The term ``State'' means the State of
Wyoming.</DELETED>
<DELETED>SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER
SYSTEM.</DELETED>
<DELETED> Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended--</DELETED>
<DELETED> (1) by redesignating paragraph (167) (relating to
the Musconetcong River, New Jersey) as paragraph
(169);</DELETED>
<DELETED> (2) by designating the undesignated paragraph
relating to the White Salmon River, Washington, as paragraph
(167);</DELETED>
<DELETED> (3) by designating the undesignated paragraph
relating to the Black Butte River, California, as paragraph
(168); and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(170) Wild and scenic river designations, snake
river system.--The following segments of the Snake River
System, in the State of Wyoming:</DELETED>
<DELETED> ``(A) Bailey creek.--The 7-mile segment of
Bailey Creek, from the divide with the Little Greys
River north to its confluence with the Snake River, as
a wild river.</DELETED>
<DELETED> ``(B) Blackrock creek.--The 22-mile
segment from its source to the Bridger-Teton National
Forest boundary, as a scenic river.</DELETED>
<DELETED> ``(C) Buffalo fork of the snake river.--
The portions of the Buffalo Fork of the Snake River,
consisting of--</DELETED>
<DELETED> ``(i) the 55-mile segment
consisting of the North Fork, the Soda Fork,
and the South Fork, upstream from Turpin
Meadows, as a wild river;</DELETED>
<DELETED> ``(ii) the 14-mile segment from
Turpin Meadows to the upstream boundary of
Grand Teton National Park, as a scenic river;
and</DELETED>
<DELETED> ``(iii) the 7.7-mile segment from
the upstream boundary of Grand Teton National
Park to its confluence with the Snake River, as
a scenic river.</DELETED>
<DELETED> ``(D) Cliff creek.--The portions of Cliff
Creek, consisting of--</DELETED>
<DELETED> ``(i) the 9-mile segment from its
source to Cliff Creek Falls trailhead, as a
wild river; and</DELETED>
<DELETED> ``(ii) the lower 8-mile segment to
the confluence of the Hoback River, as a scenic
river.</DELETED>
<DELETED> ``(E) Crystal creek.--The portions of
Crystal Creek, consisting of--</DELETED>
<DELETED> ``(i) the 14-mile segment from its
source to the Gros Ventre Wilderness boundary,
as a wild river; and</DELETED>
<DELETED> ``(ii) the 5-mile segment from the
Gros Ventre Wilderness boundary to its
confluence with the Gros Ventre River, as a
scenic river.</DELETED>
<DELETED> ``(F) Granite creek.--The portions of
Granite Creek, consisting of--</DELETED>
<DELETED> ``(i) the 12-mile segment from its
source to the end of Granite Creek Road, as a
wild river; and</DELETED>
<DELETED> ``(ii) the 10.5-mile segment from
Granite Hot Springs to its confluence with the
Hoback River, as a scenic river.</DELETED>
<DELETED> ``(G) Gros ventre river.--The portions of
the Gros Ventre River, consisting of--</DELETED>
<DELETED> ``(i) the 16.5-mile segment from
its source to Darwin Ranch, as a wild
river;</DELETED>
<DELETED> ``(ii) the 39-mile segment from
Darwin Ranch to the upstream boundary of Grand
Teton National Park, excluding the section
along Lower Slide Lake, as a scenic river;
and</DELETED>
<DELETED> ``(iii) the 10.8-mile segment
flowing across the southern boundary of Grand
Teton National Park to the Highway 89 bridge,
as a scenic river.</DELETED>
<DELETED> ``(H) Hoback river.--The portions of the
Hoback River, consisting of--</DELETED>
<DELETED> ``(i) the 7.5-mile segment from
its source to the end of Forest Road 30710, as
a wild river; and</DELETED>
<DELETED> ``(ii) the 17-mile segment from
the mouth of Cliff Creek to its confluence with
the Snake River, as a recreational
river.</DELETED>
<DELETED> ``(I) Lewis river.--The portions of the
Lewis River, consisting of--</DELETED>
<DELETED> ``(i) the 5-mile segment from
Shoshone Lake to Lewis Lake, as a wild river;
and</DELETED>
<DELETED> ``(ii) the 12-mile segment from
the outlet of Lewis Lake to its confluence with
the Snake River, as a scenic river.</DELETED>
<DELETED> ``(J) Pacific creek.--The portions of
Pacific Creek, consisting of--</DELETED>
<DELETED> ``(i) the 22.5-mile segment from
its source to the Teton Wilderness boundary, as
a wild river; and</DELETED>
<DELETED> ``(ii) the 11-mile segment from
the Wilderness boundary to its confluence with
the Snake River, as a scenic river.</DELETED>
<DELETED> ``(K) Shoal creek.--The 17-mile segment
from its source to its confluence with the Hoback
River, as a wild river.</DELETED>
<DELETED> ``(L) Snake river.--The portions of the
Snake River, consisting of--</DELETED>
<DELETED> ``(i) the 47-mile segment from its
source to Jackson Lake, as a wild
river;</DELETED>
<DELETED> ``(ii) the 24.8-mile segment from
1 mile downstream of Jackson Lake Dam to 1 mile
downstream of the Teton Park Road bridge at
Moose, Wyoming, as a scenic river;
and</DELETED>
<DELETED> ``(iii) the 20-mile segment from
the mouth of the Hoback River to Palisades
Reservoir, as a recreational river.</DELETED>
<DELETED> ``(M) Willow creek.--The 21-mile segment
from its source to its confluence with the Hoback
River, as a wild river.</DELETED>
<DELETED> ``(N) Wolf creek.--The 7-mile segment from
its source to its confluence with the Snake River, as a
wild river.''.</DELETED>
<DELETED>SEC. 5. MANAGEMENT.</DELETED>
<DELETED> (a) In General.--Each river segment described in paragraph
(170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as added by section 4(4)) shall be managed by the Secretary
concerned.</DELETED>
<DELETED> (b) Management Plan.--Not later than 3 years after the
date of enactment of this Act, the Secretary concerned shall develop a
management plan for each river segment described in paragraph (170) of
section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
added by section 4(4)) that is located in an area under the
jurisdiction of the Secretary concerned.</DELETED>
<DELETED> (c) Federal Reserved Water Right.--</DELETED>
<DELETED> (1) In general.--Subject to paragraph (2), in
accordance with the laws (including regulations) of the State,
the Secretary concerned shall apply for the quantification of
the water right reserved by each river segment described in
paragraph (170) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as added by section 4(4)) that is
located in an area under the jurisdiction of the Secretary
concerned.</DELETED>
<DELETED> (2) Requirements.--Notwithstanding any law
(including a regulation) of the State relating to the granting
or exercising of any water right, each river segment that is
the subject of an application under paragraph (1) shall--
</DELETED>
<DELETED> (A) be designated for a beneficial use;
and</DELETED>
<DELETED> (B) have a priority date that is the date
of enactment of this Act.</DELETED>
<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated--</DELETED>
<DELETED> (1) $350,000 to develop a management plan for each
river segment described in paragraph (170) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
section 4(4)) that is located in the Bridger-Teton National
Forest; and</DELETED>
<DELETED> (2) $250,000 to develop a management plan for each
river segment described in paragraph (170) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
section 4(4)) that is located in Grand Teton National
Park.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Craig Thomas Snake Headwaters Legacy
Act of 2008''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the headwaters of the Snake River System in northwest
Wyoming feature some of the cleanest sources of freshwater,
healthiest native trout fisheries, and most intact rivers and
streams in the lower 48 States;
(2) the rivers and streams of the headwaters of the Snake
River System--
(A) provide unparalleled fishing, hunting, boating,
and other recreational activities for--
(i) local residents; and
(ii) millions of visitors from around the
world; and
(B) are national treasures;
(3) each year, recreational activities on the rivers and
streams of the headwaters of the Snake River System generate
millions of dollars for the economies of--
(A) Teton County, Wyoming; and
(B) Lincoln County, Wyoming;
(4) to ensure that future generations of citizens of the
United States enjoy the benefits of the rivers and streams of
the headwaters of the Snake River System, Congress should apply
the protections provided by the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.) to those rivers and streams; and
(5) the designation of the rivers and streams of the
headwaters of the Snake River System under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) will signify to the
citizens of the United States the importance of maintaining the
outstanding and remarkable qualities of the Snake River System
while--
(A) preserving public access to those rivers and
streams;
(B) respecting private property rights (including
existing water rights); and
(C) continuing to allow historic uses of the rivers
and streams.
(b) Purposes.--The purposes of this Act are--
(1) to protect for current and future generations of
citizens of the United States the outstandingly remarkable
scenic, natural, wildlife, fishery, recreational, scientific,
historic, and ecological values of the rivers and streams of
the headwaters of the Snake River System, while continuing to
deliver water and operate and maintain valuable irrigation
water infrastructure; and
(2) to designate approximately 387.7 miles of the rivers
and streams of the headwaters of the Snake River System as
additions to the National Wild and Scenic Rivers System.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to each
river segment described in paragraph (170) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as added by section 4(4)) that is not located
in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial
Parkway; or
(iv) the National Elk Refuge; and
(B) the Secretary of the Interior, with respect to
each river segment described in paragraph (170) of
section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by section 4(4)) that is
located in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial
Parkway; or
(iv) the National Elk Refuge.
(2) State.--The term ``State'' means the State of Wyoming.
SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER SYSTEM.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended--
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to
the White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to
the Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) Wild and scenic river designations, snake river
system.--The following segments of the Snake River System, in
the State of Wyoming:
``(A) Bailey creek.--The 7-mile segment of Bailey
Creek, from the divide with the Little Greys River
north to its confluence with the Snake River, as a wild
river.
``(B) Blackrock creek.--The 22-mile segment from
its source to the Bridger-Teton National Forest
boundary, as a scenic river.
``(C) Buffalo fork of the snake river.--The
portions of the Buffalo Fork of the Snake River,
consisting of--
``(i) the 55-mile segment consisting of the
North Fork, the Soda Fork, and the South Fork,
upstream from Turpin Meadows, as a wild river;
``(ii) the 14-mile segment from Turpin
Meadows to the upstream boundary of Grand Teton
National Park, as a scenic river; and
``(iii) the 7.7-mile segment from the
upstream boundary of Grand Teton National Park
to its confluence with the Snake River, as a
scenic river.
``(D) Crystal creek.--The portions of Crystal
Creek, consisting of--
``(i) the 14-mile segment from its source
to the Gros Ventre Wilderness boundary, as a
wild river; and
``(ii) the 5-mile segment from the Gros
Ventre Wilderness boundary to its confluence
with the Gros Ventre River, as a scenic river.
``(E) Granite creek.--The portions of Granite
Creek, consisting of--
``(i) the 12-mile segment from its source
to the end of Granite Creek Road, as a wild
river; and
``(ii) the 9.5-mile segment from Granite
Hot Springs to the point 1 mile upstream from
its confluence with the Hoback River, as a
scenic river.
``(F) Gros ventre river.--The portions of the Gros
Ventre River, consisting of--
``(i) the 16.5-mile segment from its source
to Darwin Ranch, as a wild river;
``(ii) the 39-mile segment from Darwin
Ranch to the upstream boundary of Grand Teton
National Park, excluding the section along
Lower Slide Lake, as a scenic river; and
``(iii) the 3.3-mile segment flowing across
the southern boundary of Grand Teton National
Park to the Highlands Drive Loop Bridge, as a
scenic river.
``(G) Hoback river.--The 10-mile segment from the
point 10 miles upstream from its confluence with the
Snake River to its confluence with the Snake River, as
a recreational river.
``(H) Lewis river.--The portions of the Lewis
River, consisting of--
``(i) the 5-mile segment from Shoshone Lake
to Lewis Lake, as a wild river; and
``(ii) the 12-mile segment from the outlet
of Lewis Lake to its confluence with the Snake
River, as a scenic river.
``(I) Pacific creek.--The portions of Pacific
Creek, consisting of--
``(i) the 22.5-mile segment from its source
to the Teton Wilderness boundary, as a wild
river; and
``(ii) the 11-mile segment from the
Wilderness boundary to its confluence with the
Snake River, as a scenic river.
``(J) Shoal creek.--The 8-mile segment from its
source to the point 8 miles downstream from its source,
as a wild river.
``(K) Snake river.--The portions of the Snake
River, consisting of--
``(i) the 47-mile segment from its source
to Jackson Lake, as a wild river;
``(ii) the 24.8-mile segment from 1 mile
downstream of Jackson Lake Dam to 1 mile
downstream of the Teton Park Road bridge at
Moose, Wyoming, as a scenic river; and
``(iii) the 19-mile segment from the mouth
of the Hoback River to the point 1 mile
upstream from the Highway 89 bridge at Alpine
Junction, as a recreational river, the boundary
of the western edge of the corridor for the
portion of the segment extending from the point
3.3 miles downstream of the mouth of the Hoback
River to the point 4 miles downstream of the
mouth of the Hoback River being the ordinary
high water mark.
``(L) Willow creek.--The 16.2-mile segment from the
point 16.2 miles upstream from its confluence with the
Hoback River to its confluence with the Hoback River,
as a wild river.
``(M) Wolf creek.--The 7-mile segment from its
source to its confluence with the Snake River, as a
wild river.''.
SEC. 5. MANAGEMENT.
(a) In General.--Each river segment described in paragraph (170) of
section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
added by section 4(4)) shall be managed by the Secretary concerned.
(b) Management Plan.--
(1) In general.--In accordance with paragraph (2), not
later than 3 years after the date of enactment of this Act, the
Secretary concerned shall develop a management plan for each
river segment described in paragraph (170) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
section 4(4)) that is located in an area under the jurisdiction
of the Secretary concerned.
(2) Required component.--Each management plan developed by
the Secretary concerned under paragraph (1) shall contain, with
respect to the river segment that is the subject of the plan, a
section that contains an analysis and description of the
availability and compatibility of future development with the
wild and scenic character of the river segment (with particular
emphasis on each river segment that contains 1 or more parcels
of private land).
(c) Quantification of Water Rights Reserved by River Segments.--
(1) The Secretary concerned shall apply for the
quantification of the water rights reserved by each river
segment designated by this Act in accordance with the
procedural requirements of the laws of the State of Wyoming.
(2) For the purpose of the quantification of water rights
under this subsection, with respect to each Wild and Scenic
River segment designated by this Act--
(A) the purposes for which the segments are
designated, as set forth in this Act, are declared to
be beneficial uses; and
(B) the priority date of such right shall be the
date of enactment of this Act.
(d) Stream Gauges.--Consistent with the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.), the Secretary may carry out activities at
United States Geological Survey stream gauges that are located on the
Snake River (including tributaries of the Snake River), including flow
measurements and operation, maintenance, and replacement.
(e) Consent of Property Owner.--No property or interest in property
located within the boundaries of any river segment described in
paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by section 4(4)) may be acquired by the
Secretary without the consent of the owner of the property or interest
in property.
(f) Effect of Designations.--
(1) In general.--Nothing in this Act affects valid existing
rights, including--
(A) all 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);
(B) water rights in the States of Idaho and
Wyoming; and
(C) water rights held by the United States.
(2) Jackson lake; jackson lake dam.--Nothing in this Act
shall affect the management and operation of Jackson Lake or
Jackson Lake Dam.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Calendar No. 789
110th CONGRESS
2d Session
S. 1281
[Report No. 110-357]
_______________________________________________________________________
A BILL
To amend the Wild and Scenic Rivers Act to designate certain rivers and
streams of the headwaters of the Snake River System as additions to the
National Wild and Scenic Rivers System.
_______________________________________________________________________
June 16, 2008
Reported with an amendment