[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3346 Introduced in Senate (IS)]

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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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