[Senate Report 114-309]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 581
                                                       
114th Congress   }                                            {   Report
                                 SENATE
 2d Session      }                                            {  114-309

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                EAST ROSEBUD WILD AND SCENIC RIVERS ACT

                                _______
                                

                August 30, 2016.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 14, 2016

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1577]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1577) to amend the Wild and Scenic Rivers 
Act to designate certain segments of East Rosebud Creek in 
Carbon County, Montana, as components of the Wild and Scenic 
Rivers System, having considered the same, reports favorably 
thereon with amendments and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:
    1. On page 3, line 12, strike ``Section'' and insert the 
following:
    (a) Designation.--Section
    2. On page 4, after line 8, add the following:
    (b) Adjacent Management.--
          (1) In general.--Nothing in paragraph (213) of 
        section 3(a) of the Wild and Scenic Rivers Act (16 
        U.S.C. 1274(a)) (as added by subsection (a)) creates a 
        protective perimeter or buffer zone outside the 
        designated boundary of the river segment designated by 
        that paragraph.
          (2) Outside Activities.--The fact that an otherwise 
        authorized activity or use can be seen or heard within 
        the boundary of the river segment designated by 
        paragraph (213) of section 3(a) of the Wild and Scenic 
        Rivers Act (16 U.S.C. 1274(a)) (as added by subsection 
        (a)) shall not preclude the activity or use outside the 
        boundary of the river segment.

                                Purpose

    The purpose of S. 1577 is to amend the Wild and Scenic 
Rivers Act to designate certain segments of East Rosebud Creek 
in Carbon County, Montana, as components of the Wild and Scenic 
Rivers System.

                          Background and Need

    Montana's East Rosebud Creek flows through glacial-carved 
valleys and originates in the Absaroka-Beartooth Wilderness. 
During its journey to the Yellowstone River, East Rosebud Creek 
flows into Rosebud Lake. The segment that flows from the lake 
provides opportunity for whitewater paddling.
    In 1998, the U.S. Forest Service conducted a study which 
determined that the East Rosebud Creek was eligible for 
inclusion in the Wild and Scenic Rivers System. The study found 
that two areas of East Rosebud Creek contained remarkable 
values in the geologic, recreational, and scenic categories. A 
13-mile segment was recognized for its wild characteristics 
running from the source of the creek in the wilderness area to 
East Rosebud Lake. A second section of the creek flows 
northwest from the lake, and is significant for its 
recreational values. Featuring a significant number of category 
five rapids, the creek is a popular section of whitewater for 
kayakers.
    In 2009, a Montana company proposed building a 
hydroelectric dam on the East Rosebud, including a two-mile 
penstock. The company received a preliminary permit from the 
Federal Energy Regulatory Commission but allowed it to expire 
after facing significant local opposition. Designation as a 
wild and scenic river under S. 1577 would prohibit any future 
development.

                          Legislative History

    S. 1577 was introduced by Senators Tester and Daines on 
June 15, 2015. The Senate Committee on Energy and Natural 
Resources' Subcommittee on National Parks held a hearing on the 
bill on March 17, 2016.
    H.R. 2787, the companion bill to S. 1577, was introduced in 
the House of Representatives by Representative Zinke on June 
15, 2015. The bill was referred to the House Committee on 
Natural Resources Subcommittee on Federal Lands on July 1, 
2015.
    In the 113th Congress, Senator Walsh introduced S. 2392 on 
May 22, 2014. The Subcommittee on National Parks held a hearing 
on S. 2392 on July 23, 2014 (S. Hrg. 113-493). In the House of 
Representatives, Representative Daines introduced a similar 
bill, H.R. 5543, on September 18, 2014. H.R. 5543 was referred 
to the House Committee on Natural Resources Subcommittee on 
Public Lands and Environmental Regulation on September 29, 
2014.
    The Committee on Energy and Natural Resources met in open 
business session on July 13, 2016, and ordered S. 1577 
favorably reported as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 13, 2016, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
1577, if amended as described herein.

                          Committee Amendments

    During its consideration of S. 1577, the Committee adopted 
an amendment that adds a provision regarding adjacent 
management. The amendment specifies that the bill does not 
create a perimeter or buffer zone outside of the river corridor 
and that activities that are otherwise authorized outside of 
the Wild and Scenic River System are not precluded as a result 
of the designation.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides a short title for the measure.

Section 2. Findings; purpose

    Section 2 provides the findings of Congress and the purpose 
of the Act.

Section 3. Designation of Wild and Scenic River Segments

    Section 3(a) amends section 3(a) of the Wild and Scenic 
Rivers Act to designate portions of the East Rosebud Creek in 
the state of Montana as wild and scenic.
    Subsection (b) clarifies that the designation does not 
create a perimeter or buffer zone outside of the designated 
boundary of the river segment. It further specifies that 
activities outside of the Wild and Scenic River System shall 
not be precluded as a result of the designation even if the 
authorized activity or use can be seen or heard within the 
designated boundary of the river segment.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been reported but was not received at the time 
the report was filed. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1577. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1577, as ordered reported.

                   Congressionally Directed Spending

    S. 1577, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The statement for the record from the National Forest 
System, Forest Service, U.S. Department of Agriculture at the 
March 17, 2016, Subcommittee on National Parks hearing on S. 
1577 follows:

Statement for the Record, National Forest System, Forest Service, U.S. 
                       Department of Agriculture

    This prepared statement of position reflects the view of 
the U.S. Department of Agriculture (USDA) regarding S. 1577, 
the ``East Rosebud Wild and Scenic Rivers Act''
    The Wild and Scenic Rivers Act, Public Law 90-542 (16 
U.S.C. 1271-1287, as amended) protects the free-flowing 
condition, water quality, and outstandingly remarkable natural, 
cultural, and recreational values of some of our most precious 
waters. It also provides an opportunity to build partnerships 
among landowners, river users, tribal nations, and all levels 
of government.
    S. 1577 amends Section 3(a) of the Act to designate certain 
segments of East Rosebud Creek in Carbon County, Montana, as 
components of the Wild and Scenic Rivers System. It adds a 13-
mile segment from the source of the creek in the Absaroka-
Beartooth Wilderness to East Rosebud Lake as a wild river, and 
the 7-mile segment from below East Rosebud Lake to the first 
private land as a recreational river.
    The Department supports S. 1577.
    The bill is consistent with the Custer National Forest Land 
and Resource Management Plan Amendment Number 2, approved 
December 15, 1989, which identifies the segments as eligible 
for designation as wild and recreational respectively. The 
Custer Gallatin National Forest has not conducted a suitability 
study for East Rosebud Creek; therefore, the Department does 
not have a recommendation regarding designation under the Wild 
and Scenic Rivers Act. However, as eligible rivers, these 
segments are currently managed by the Custer Gallatin National 
Forest in a manner consistent with the proposed designations.
    The proposed designations would prohibit future Federal 
Energy Regulatory Commission's (FERC) licensing of any new 
hydroelectric facility on, or directly affecting, these creek 
segments. There is no existing FERC license, nor any pending 
proposal for a license, in the East Rosebud Creek area.
    Congressional designation of these two segments would not 
disrupt or alter existing management or use of the area 
surrounding East Rosebud Creek, but would require additional 
planning and monitoring for the creek and adjacent Custer 
Gallatin National Forest lands.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the original bill, as reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                       WILD AND SCENIC RIVERS ACT

Public Law 90-542, as amended

           *       *       *       *       *       *       *


    Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:

           *       *       *       *       *       *       *

          (213) East Rosebud Creek, Montana.--The portions of 
        East Rosebud Creek in the State of Montana, consisting 
        of--
                  (A) the 13-mile segment exclusively on public 
                land within the Custer National Forest from the 
                source in the Absaroka-Beartooth Wilderness 
                downstream to the point at which the Creek 
                enters East Rosebud Lake, including the stream 
                reach between Twin Outlets Lake and Fossil 
                Lake, to be administered by the Secretary of 
                Agriculture as a wild river; and
                  (B) the 7-mile segment exclusively on public 
                land within the Custer National Forest from 
                immediately below, but not including, the 
                outlet of East Rosebud Lake downstream to the 
                point at which the Creek enters private 
                property for the first time, to be administered 
                by the Secretary of Agriculture as a 
                recreational river.

           *       *       *       *       *       *       *