[Senate Report 117-283]
[From the U.S. Government Publishing Office]
Calendar No. 685
117th Congress } { Report
SENATE
2d Session } { 117-283
======================================================================
M.H. DUTCH SALMON GREATER GILA WILD AND SCENIC RIVER ACT
_______
December 20, 2022.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 3129]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 3129), to amend the Wild and Scenic
Rivers Act to designate certain segments of the Gila River
system in the State of New Mexico as components of the National
Wild and Scenic Rivers System, to provide for the transfer of
administrative jurisdiction over certain Federal land in the
State of New Mexico, and for other purposes, having considered
the same, reports favorably thereon with an amendment, in the
nature of a substitute, and recommends that the bill, as
amended, do pass.
Amendment
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``M.H. Dutch Salmon Greater Gila Wild
and Scenic River Act''.
SEC. 2. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Definitions.--In this section:
(1) Covered segment.--The term ``covered segment'' means a
river segment designated by paragraph (231) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
subsection (b)).
(2) 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.
(3) State.--The term ``State'' means the State of New Mexico.
(b) Designation of Segments.--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:
``(231) Gila river system, new mexico.--The following
segments of the Gila River system in Las Animas Creek, Holden
Prong, and McKnight Canyon in the State of New Mexico, to be
administered by the Secretary concerned (as defined in section
2(a) of the M.H. Dutch Salmon Greater Gila Wild and Scenic
River Act) in the following classifications:
``(A) Apache creek.--The approximately 10.5-mile
segment, as generally depicted on the map entitled
`Apache Creek' and dated April 30, 2020, as a wild
river.
``(B) Black canyon creek.--
``(i) The 11.8-mile segment, as generally
depicted on the map entitled `Black Canyon
Creek' and dated April 30, 2020, as a wild
river.
``(ii) The 0.6-mile segment, as generally
depicted on the map entitled `Black Canyon
Creek' and dated April 30, 2020, as a
recreational river.
``(iii) The 1.9-mile segment, as generally
depicted on the map entitled `Black Canyon
Creek' and dated April 30, 2020, as a
recreational river.
``(iv) The 11-mile segment, as generally
depicted on the map entitled `Black Canyon
Creek' and dated April 30, 2020, as a wild
river.
``(C) Diamond creek.--
``(i) The approximately 13.3-mile segment, as
generally depicted on the map entitled `Diamond
Creek' and dated March 27, 2020, as a wild
river.
``(ii) The approximately 4.7-mile segment, as
generally depicted on the map entitled `Diamond
Creek' and dated March 27, 2020, as a wild
river.
``(iii) The approximately 3.1-mile segment,
as generally depicted on the map entitled
`Diamond Creek' and dated March 27, 2020, as a
recreational river.
``(iv) The approximately 1.6-mile segment, as
generally depicted on the map entitled `Diamond
Creek' and dated March 27, 2020, as a
recreational river.
``(v) The approximately 4.1-mile segment, as
generally depicted on the map entitled `Diamond
Creek' and dated March 27, 2020, as a wild
river.
``(D) South diamond creek.--The approximately 16.1-
mile segment, as generally depicted on the map entitled
`South Diamond Creek' and dated March 27, 2020, as a
wild river.
``(E) Gila river.--
``(i) The approximately 34.9-mile segment, as
generally depicted on the map entitled `Gila
River' and dated April 30, 2020, as a wild
river.
``(ii) The approximately 2.5-mile segment, as
generally depicted on the map entitled `Gila
River' and dated April 30, 2020, as a
recreational river.
``(iii) The approximately 3-mile segment, as
generally depicted on the map entitled `Gila
River' and dated April 30, 2020, as a wild
river.
``(F) Gila river, east fork.--The approximately 10.3-
mile segment, as generally depicted on the map entitled
`East Fork Gila River' and dated April 30, 2020, as a
wild river.
``(G) Gila river, lower box.--
``(i) The approximately 3.1-mile segment, as
generally depicted on the map entitled `Gila
River, Lower Box' and dated April 21, 2020, as
a recreational river.
``(ii) The approximately 6.1-mile segment, as
generally depicted on the map entitled `Gila
River, Lower Box' and dated April 21, 2020, as
a wild river.
``(H) Gila river, middle box.--
``(i) The approximately 0.6-mile segment, as
generally depicted on the map entitled `Gila
River, Middle Box' and dated April 30, 2020, as
a recreational river.
``(ii) The approximately 0.4-mile segment, as
generally depicted on the map entitled `Gila
River, Middle Box' and dated April 30, 2020, as
a recreational river.
``(iii) The approximately 0.3-mile segment,
as generally depicted on the map entitled `Gila
River, Middle Box' and dated April 30, 2020, as
a recreational river.
``(iv) The approximately 0.3-mile segment, as
generally depicted on the map entitled `Gila
River, Middle Box' and dated April 30, 2020, as
a recreational river.
``(v) The approximately 1.6-mile segment, as
generally depicted on the map entitled `Gila
River, Middle Box' and dated April 30, 2020, as
a recreational river.
``(vi) The approximately 9.8-mile segment, as
generally depicted on the map entitled `Gila
River, Middle Box' and dated April 30, 2020, as
a wild river.
``(I) Gila river, middle fork.--
``(i) The approximately 1.2-mile segment, as
generally depicted on the map entitled `Middle
Fork Gila River' and dated May 1, 2020, as a
recreational river.
``(ii) The approximately 35.5-mile segment,
as generally depicted on the map entitled
`Middle Fork Gila River' and dated May 1, 2020,
as a wild river.
``(J) Gila river, west fork.--
``(i) The approximately 30.6-mile segment, as
generally depicted on the map entitled `West
Fork Gila River' and dated May 1, 2020, as a
wild river.
``(ii) The approximately 4-mile segment, as
generally depicted on the map entitled `West
Fork Gila River and dated May 1, 2020, as a
recreational river.
``(K) Gilita creek.-- The approximately 6.4-mile
segment, as generally depicted on the map entitled
`Gilita Creek' and dated March 4, 2020, as a wild
river.
``(L) Holden prong.-- The approximately 7.3-mile
segment, as generally depicted on the map entitled
`Holden Prong' and dated March 27, 2020, as a wild
river.
``(M) Indian Creek.--
``(i) The approximately 5-mile segment, as
generally depicted on the map entitled `Indian
Creek' and dated March 27, 2020, as a
recreational river.
``(ii) The approximately 9.5-mile segment, as
generally depicted on the map entitled `Indian
Creek' and dated March 27, 2020, as a wild
river.
``(N) Iron creek.--The approximately 13.2-mile
segment, as generally depicted on the map entitled
`Iron Creek' and dated March 4, 2020, as a wild river.
``(O) Las animas creek.--
``(i) The approximately 5.3-mile segment, as
generally depicted on the map entitled `Las
Animas Creek' and dated March 27, 2020, as a
wild river.
``(ii) The approximately 2.3-mile segment, as
generally depicted on the map entitled `Las
Animas Creek and dated March 27, 2020, as a
scenic river.
``(P) Little creek.--
``(i) The approximately 0.3-mile segment, as
generally depicted on the map entitled `Little
Creek' and dated May 1, 2020, as a recreational
river.
``(ii) The approximately 18.3-mile segment,
as generally depicted on the map entitled
`Little Creek' and dated May 1, 2020, as a wild
river.
``(Q) Mcknight canyon.--The approximately 10.3-mile
segment, as generally depicted on the map entitled
`McKnight Canyon' and dated March 4, 2020, as a wild
river.
``(R) Mineral creek.--
``(i) The approximately 8.3-mile segment, as
generally depicted on the map entitled `Mineral
Creek' and dated March 27, 2020, as a wild
river.
``(ii) The approximately 0.5-mile segment, as
generally depicted on the map entitled `Mineral
Creek' and dated March 27, 2020, as a
recreational river.
``(iii) The approximately 0.5-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(iv) The approximately 0.1-mile segment, as
generally depicted on the map entitled `Mineral
Creek' and dated March 27, 2020, as a
recreational river.
``(v) The approximately 0.03-mile segment, as
generally depicted on the map entitled `Mineral
Creek' and dated March 27, 2020, as a
recreational river.
``(vi) The approximately 0.02-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(vii) The approximately 0.6-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(viii) The approximately 0.1-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(ix) The approximately 0.03-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(x) The approximately 0.7-mile segment, as
generally depicted on the map entitled `Mineral
Creek' and dated March 27, 2020, as a
recreational river.
``(S) Mogollon creek.-- The approximately 15.8-mile
segment, as generally depicted on the map entitled
`Mogollon Creek' and dated April 2, 2020, as a wild
river.
``(T) West fork mogollon creek.-- The approximately
8.5-mile segment, as generally depicted on the map
entitled `West Fork Mogollon Creek' and dated March 4,
2020, as a wild river.
``(U) Mule creek.--The approximately 4.3-mile
segment, as generally depicted on the map entitled
`Mule Creek' and dated March 4, 2020, as a wild river.
``(V) San francisco river, devil's creek.--
``(i) The approximately 1.8-mile segment, as
generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated
October 29, 2021, as a scenic river.
``(ii) The approximately 6.4-mile segment, as
generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated
October 29, 2021, as a scenic river.
``(iii) The approximately 6.1-mile segment,
as generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated
October 29, 2021, as a scenic river.
``(iv) The approximately 1.2-mile segment, as
generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated
October 29, 2021, as a recreational river.
``(v) The approximately 5.9-mile segment, as
generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated
October 29, 2021, as a recreational river.
``(W) San francisco river, lower san francisco river
canyon.--
``(i) The approximately 1.8-mile segment, as
generally depicted on the map entitled `San
Francisco River, Lower San Francisco River
Canyon' and dated March 27, 2020, as a wild
river.
``(ii) The approximately 0.6-mile segment, as
generally depicted on the map entitled `San
Francisco River, Lower San Francisco River
Canyon' and dated March 27, 2020, as a
recreational river.
``(iii) The approximately 14.6-mile segment,
as generally depicted on the map entitled `San
Francisco River, Lower San Francisco River
Canyon' and dated March 27, 2020, as a wild
river.
``(X) San francisco river, upper frisco box.--The
approximately 6-mile segment, as generally depicted on
the map entitled `San Francisco River, Upper Frisco
Box' and dated March 4, 2020, as a wild river.
``(Y) Sapillo creek.--The approximately 7.2-mile
segment, as generally depicted on the map entitled
`Sapillo Creek' and dated March 27, 2020, as a wild
river.
``(Z) Spruce creek.--The approximately 3.7-mile
segment, as generally depicted on the map entitled
`Spruce Creek' and dated March 4, 2020, as a wild
river.
``(AA) Taylor creek.--
``(i) The approximately 0.4-mile segment, as
generally depicted on the map entitled `Taylor
Creek' and dated April 30, 2020, as a scenic
river.
``(ii) The approximately 6.1-mile segment, as
generally depicted on the map entitled `Taylor
Creek' and dated April 30, 2020, as a wild
river.
``(iii) The approximately 6.7-mile segment,
as generally depicted on the map entitled
`Taylor Creek' and dated April 30, 2020, as a
wild river.
``(BB) Turkey creek.--The approximately 17.1-mile
segment, as generally depicted on the map entitled
`Turkey Creek' and dated April 30, 2020, as a wild
river.
``(CC) Whitewater creek.--
``(i) The approximately 13.5-mile segment, as
generally depicted on the map entitled
`Whitewater Creek' and dated March 27, 2020, as
a wild river.
``(ii) The approximately 1.1-mile segment, as
generally depicted on the map entitled
`Whitewater Creek' and dated March 27, 2020, as
a recreational river.
``(DD) Willow creek.--
``(i) The approximately 3-mile segment, as
generally depicted on the map entitled `Willow
Creek' and dated April 30, 2020, as a
recreational river.
``(ii) The approximately 2.9-mile segment, as
generally depicted on the map entitled `Willow
Creek' and dated April 30, 2020, as a
recreational river.''.
(c) Withdrawal.--Subject to valid existing rights, all Federal land
within the boundary of a covered segment is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(d) Maps; Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary concerned shall prepare
maps and legal descriptions of the covered segments.
(2) Force of law.--The maps and legal descriptions prepared
under paragraph (1) shall have the same force and effect as if
included in this section, except that the Secretary concerned
may correct minor errors in the maps and legal descriptions.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service,
the Bureau of Land Management, and the National Park Service.
(e) Comprehensive River Management Plan.--The Secretary concerned
shall prepare the comprehensive management plan for the covered
segments pursuant to section 3(d) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(d)) after consulting with Tribal governments, applicable
political subdivisions of the State, and interested members of the
public.
(f) Incorporation of Acquired Land and Interests in Land.--If the
United States acquires any non-Federal land within or adjacent to a
covered segment, the acquired land shall be incorporated in, and be
administered as part of, the applicable covered segment.
(g) Effect of Section.--
(1) Effect on rights.--In accordance with section 12(b) of
the Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in
this section or an amendment made by this section abrogates any
existing rights of, privilege of, or contract held by any
person, including any right, privilege, or contract that
affects Federal land or private land, without the consent of
the person, including--
(A) grazing permits or leases;
(B) existing water rights, including the jurisdiction
of the State in administering water rights;
(C) existing points of diversion, including
maintenance, repair, or replacement;
(D) existing water distribution infrastructure,
including maintenance, repair, or replacement; and
(E) valid existing rights for mining and mineral
leases.
(2) Mining activities.--Nothing in this section or an
amendment made by this section--
(A) limits the licensing, development, operation, or
maintenance of mining activities or mineral processing
facilities outside the boundaries of a covered segment;
or
(B) affects any rights, obligations, privileges, or
benefits granted under any permit or approval with
respect to such mining activities or mineral processing
facilities.
(3) Condemnation.--No land or interest in land shall be
acquired under this section or an amendment made by this
section without the consent of the owner.
(4) Relationship to other law.--Nothing in this section
amends or otherwise affects the Arizona Water Settlements Act
(Public Law 108-451; 118 Stat. 3478).
(5) Native fish habitat restoration.--
(A) Existing projects.--Nothing in this section or an
amendment made by this section affects the authority of
the Secretary concerned or the State to operate,
maintain, replace, or improve a native fish habitat
restoration project (including fish barriers) in
existence as of the date of enactment of this Act
within a covered segment.
(B) New projects.--Notwithstanding section 7 of the
Wild and Scenic Rivers Act (16 U.S.C. 1278), the
Secretary concerned may authorize the construction of a
native fish habitat restoration project (including any
necessary fish barriers) within a covered segment if
the project--
(i) would enhance the recovery of a species
listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), a sensitive species, or a species of
greatest conservation need, including the Gila
Trout (Oncorhynchus gilae); and
(ii) would not unreasonably diminish the
free-flowing nature or outstandingly remarkable
values of the covered segment.
(C) Projects within wilderness areas.--A native fish
habitat restoration project (including fish barriers)
located within an area designated as a component of the
National Wilderness Preservation System shall be
constructed consistent with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) the applicable wilderness management
plan.
(6) State land jurisdiction.--Nothing in this section or an
amendment made by this section affects the jurisdiction of land
under the jurisdiction of the State, including land under the
jurisdiction of the New Mexico State Land Office and the New
Mexico Department of Game and Fish.
(7) Fish and wildlife.--Nothing in this section or an
amendment made by this section affects the jurisdiction of the
State with respect to fish and wildlife in the State.
(8) Treaty rights.--Nothing in this section or an amendment
made by this section alters, modifies, diminishes, or
extinguishes the reserved treaty rights of any Indian Tribe
with respect to hunting, fishing, gathering, and cultural or
religious rights in the vicinity of a covered segment as
protected by a treaty.
SEC. 3. MODIFICATION OF BOUNDARIES OF GILA CLIFF DWELLINGS NATIONAL
MONUMENT AND GILA NATIONAL FOREST.
(a) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the land
described in paragraph (2) is transferred from the Secretary of
Agriculture to the Secretary of the Interior.
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 440 acres of land identified as
``Transfer from USDA Forest Service to National Park Service''
on the map entitled ``Gila Cliff Dwellings National Monument
Proposed Boundary Adjustment'' and dated March 2020.
(b) Boundary Modifications.--
(1) Gila cliff dwellings national monument.--
(A) In General.--The boundary of the Gila Cliff
Dwellings National Monument is revised to incorporate
the land transferred to the Secretary of the Interior
under subsection (a)(1).
(B) Map.--
(i) In general.--The Secretary of the
Interior shall prepare and keep on file for
public inspection in the appropriate office of
the National Park Service a map and a legal
description of the revised boundary of the Gila
Cliff Dwellings National Monument.
(ii) Effect.--The map and legal description
under clause (i) shall have the same force and
effect as if included in this section, except
that the Secretary of the Interior may correct
minor errors in the map and legal description.
(2) Gila national forest.--
(A) In general.--The boundary of the Gila National
Forest is modified to exclude the land transferred to
the Secretary of the Interior under subsection (a)(1).
(B) MAP.--
(i) In general.--The Secretary of Agriculture
shall prepare and keep on file for public
inspection in the appropriate office of the
Forest Service a map and a legal description of
the revised boundary of the Gila National
Forest.
(ii) Effect.--The map and legal description
under clause (i) shall have the same force and
effect as if included in this section, except
that the Secretary of Agriculture may correct
minor errors in the map and legal description.
Purpose
The purposes of S. 3129 are to amend the Wild and Scenic
Rivers Act to designate certain segments of the Gila River
system in the State of New Mexico as components of the National
Wild and Scenic Rivers System, and to provide for the transfer
of administrative jurisdiction over approximately 440 acres of
Federal land in New Mexico from the Forest Service to the
National Park Service, for inclusion in the Gila Cliff
Dwellings National Monument.
Background and Need
The Greater Gila Watershed comprises the largest remaining
network of natural free-flowing river segments in the United
States. S. 3129 designates approximately 446 miles of certain
portions of the Gila River, some of its tributaries, and
certain other rivers in the Gila National Forest in New Mexico
as components of the National Wild and Scenic Rivers System, to
be administered by the Secretary of Agriculture or the
Secretary of the Interior.
The proposed river segments provide unique habitat for
several native threatened and endangered species, including the
Gila trout, loach minnow, Gila chub, Chiricahua leopard frog,
yellow-billed cuckoo, and southwestern willow-flycatcher. The
Gila River and surrounding watershed is also popular for
recreational uses, including for hunting, fishing, hiking,
camping, horseback riding, and off-highway vehicle use. The
watershed includes many significant geological, historical, and
cultural resources, including evidence of the Mogollon
civilization dating to 9,500 B.C., and rock and landscape
formations that display 30 million years of geologic change.
S. 3129 also transfers certain lands and facilities from
the Gila National Forest to the Gila Cliff Dwellings National
Monument, administered by the National Park Service, to improve
agency management. Legislation is required to complete the
property transfer.
Legislative History
S. 3129 was introduced by Senators Heinrich and Lujan on
November 2, 2021. The Subcommittee on Public Lands, Forests,
and Mining held a hearing on the bill on June 7, 2022. Similar
legislation, S. 3670, was introduced in the 116th Congress by
Senators Udall and Heinrich on May 7, 2020. The Subcommittee on
Public Lands, Forests, and Mining held a hearing on S. 3670 on
September 16, 2020 (S. Hrg. 116-380). No further action was
taken.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in an
open business session on July 21, 2022, by a majority vote of a
quorum present, recommends that the Senate pass S. 3129, if
amended as described herein.
The roll call vote on reporting the measure was 11 yeas, 9
nays, as follows:
YEAS NAYS
Mr. Manchin Mr. Barrasso
Mr. Wyden Mr. Risch
Ms. Cantwell Mr. Lee
Mr. Sanders Ms. Murkowski
Mr. Heinrich Mr. Hoeven
Ms. Hirono Mr. Lankford
Mr. King Mr. Cassidy*
Ms. Cortez Masto Mrs. Hyde-Smith
Mr. Kelly Mr. Marshall
Mr. Hickenlooper
Mr. Daines
*Indicates vote by proxy.
Committee Amendment
During its consideration of S. 3129, the Committee adopted
an amendment in the nature of a substitute. The amendment adds
a savings provision clarifying that the wild and scenic river
designation does not limit the licensing, development,
operation, or maintenance of mining activities or mineral
processing facilities located outside the boundaries of the
designated segments, and does not affect rights, obligations,
privileges, or benefits granted under any permit or approval
with respect to such activities or facilities.
The amendment also adds clarifying language concerning
native fish habitat restoration projects, and updates several
map references in the bill. The amendment is described further
in detail in the section-by-section analysis, below.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides the short title for the bill.
Sec. 2. Designation of Wild and Scenic Rivers
Subsection (a) defines key terms used in the bill.
Subsection (b) amends the section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) to add nearly 450 miles
of rivers and creeks of the Gila River system in New Mexico
managed by the BLM and the Forest Service as components of the
National Wild and Scenic River System.
Subsection (c) withdraws the designated segments from all
forms of disposal under public land laws, new mining claims,
and energy and mineral leasing and development.
Subsection (d) directs the Secretary to prepare maps and
legal descriptions of the designated segments, make them
available for public inspection in the appropriate offices of
the Forest Service, Bureau of Land Management and the National
Park Service, and if necessary, correct minor errors.
Subsection (e) requires the Secretary to prepare a
comprehensive management plan for the designated segments after
consultation with Tribal governments, counties or other
political subdivisions of the State, and members of the public.
Subsection (f) states that if any non-Federal land is
acquired within or adjacent to a designated segment, the land
will be incorporated and administered as part of the applicable
segment.
Subsection (g)(1) states that nothing in the bill affects
existing grazing permits or leases, water rights, existing
water distribution infrastructure and points of diversion,
including maintenance, repair, or replacement, and valid
existing rights for mining and mineral leases.
Paragraph (2) states that the bill does not affect existing
mining activities or mineral processing facilities outside the
boundaries of a segment, including any rights granted under a
permit with respect to those activities.
Paragraph (3) prohibits any acquisition of land or interest
in land without the consent of the landowner.
Paragraph (4) clarifies that this bill does not amend or
affect the Arizona Water Settlements Act (Public Law 108-451;
118 Stat. 3478).
Paragraph (5) permits the Secretary to authorize the
construction of native fish habitat restoration projects,
including necessary fish barriers, within the designated
segments if the projects enhance the recovery of species listed
as threatened or endangered and do not unreasonably diminish
the free-flowing nature of the segments. This section also
states that nothing in the bill affects existing native fish
habitat restoration projects, and that projects in designated
Wilderness Areas must be constructed in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and the applicable
wilderness management plan.
Paragraph (6) states that the bill does not affect the
jurisdiction of land under the State, including land under the
jurisdiction of the New Mexico State Land Office and the New
Mexico Department of Game and Fish.
Paragraph (7) provides that nothing in the bill affects the
jurisdiction of the State with respect to fish and wildlife.
Paragraph (8) states that nothing in the bill affects the
treaty rights of an Indian Tribe with respect to hunting,
fishing, gathering, and cultural or religious rights in the
vicinity of a designated segment.
Sec. 3. Modification of boundaries of Gila Cliff Dwellings National
Monument and Gila National Forest
Subsection (a) transfers 440 acres from the Gila National
Forest to the Gila Cliff Dwellings National Monument and
transfers administrative jurisdiction of the land from the
Forest Service to the National Park Service.
Subsection (b) modifies the boundary of the Gila Cliff
Dwellings National Monument to incorporate the addition of the
440 acres and modifies the Gila National Forest boundary to
exclude the transferred land. This section directs the
Secretary of the Interior and Secretary of Agriculture to
prepare and keep on file for public inspection a map and legal
description of the revised boundaries and allows the
Secretaries to correct minor errors.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 21, 2022.
Hon. Joe Manchin,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed table summarizing estimated budgetary
effects and mandates information for some of the legislation
that has been ordered reported by the Senate Committee on
Energy and Natural Resources during the 117th Congress.
If you wish further details, we will be pleased to provide
them. The CBO staff contact for each estimate is listed on the
enclosed table.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED
The Congressional Budget Act of 1974 requires the
Congressional Budget Office, to the extent practicable, to
prepare estimates of the budgetary effects of legislation
ordered reported by Congressional authorizing committees. In
order to provide the Congress with as much information as
possible, the attached table summarizes information about the
estimated direct spending and revenue effects of some of the
legislation that has been ordered reported by the Senate
Committee on Energy and Natural Resources during the 117th
Congress. The legislation listed in this table generally would
have small effects, if any, on direct spending or revenues, CBO
estimates. Where possible, the table also provides information
about the legislation's estimated effects on spending subject
to appropriation and on intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Increases On-
Spending Subject Pay-As-You-Go Budget
Bill Title Status Last Action Budget Function Direct Spending, Revenues, 2023- to Procedures Deficits Mandates Contact
Number 2023-2032 2032 Appropriation, Apply? Beginning
2023-2027 In 2033?
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3129 M.H. Dutch Ordered 07/21/22 300 0 0 Not estimated No No No Lilia
Salmon reported Ledezma
Greater Gila
Wild and
Scenic River
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 3129 would designate segments of the Gila River system in New Mexico as components of the National Wild and Scenic Rivers System and transfer land from the Gila National Forest to the Gila
Cliff Dwellings Monument. CBO estimates that enacting S. 3129 would not affect direct spending or revenues. CBO has not estimated the discretionary costs of implementing the bill. The bill
contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
* * * * * * *
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. 3129. 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. 3129, as ordered reported.
Congressionally Directed Spending
S. 3129, 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 testimony provided by the Department of the Interior
and the Forest Service at the June 7, 2022, hearing on S. 3129
follows:
Statement of Nada Wolff Culver, Deputy Director, Policy and Programs
Bureau of Land Management, U.S. Department of the Interior
introduction
Thank you for the opportunity to provide testimony on the
following bills related to Bureau of Land Management (BLM). The
BLM manages approximately 245 million surface acres, located
primarily in 12 western states, as well as 30 percent of the
nation's onshore mineral resources across 700 million
subsurface acres, overlain by properties managed by other
Federal agencies such as the Department of Defense and the U.S.
Forest Service (USFS) as well state and private lands.
The BLM manages public lands under the Federal Land Policy
and Management Act (FLPMA), passed by Congress in 1976. The BLM
remains committed to its core mission of multiple use and
sustained yield, which provides for a careful balancing across
many uses and resources to steward the public lands for all.
Under the BLM's multiple use mandate, the BLM manages
public lands for a broad range of uses, such as renewable and
conventional energy development, livestock grazing, timber
production, hunting and fishing, recreation, and conservation--
including protecting cultural and historic resources. Lands
managed by the BLM also provide vital habitat for more than
3,000 species of wildlife and support fisheries of exceptional
regional and national value. In addition, the Biden
Administration's America the Beautiful initiative emphasizes
the conservation of the nation's natural resources recognizing
that many uses of our lands and waters, recognizing that that
many uses of our lands and waters, including working lands, can
be consistent with the long-term health and sustainability of
natural systems.
Overall, the BLM estimates that commercial activities on
public lands, support nearly 524,000 jobs in timber,
recreation, grazing, nonenergy minerals and the energy sector.
That activity is the economic driver for communities across the
West. It is also a significant generator of tax revenues that
support state and local governments. We appreciate the
Sponsors' work on the bills under consideration today. A review
of each of the bills follows.
s. 3129, m.h. dutch salmon greater gila wild & scenic river act
S. 3129, M.H. Dutch Salmon Greater Gila Wild & Scenic River
Act S. 3129, the M.H. Dutch Salmon Greater Gila Wild and Scenic
River Act, would designate nearly 450 miles of rivers and
creeks of the Gila River system managed by the BLM and the USFS
in New Mexico as components of the National WSR System. The
BLM-managed sections in the bill include 2.1 miles of the Gila
River in the area known as the Gila Lower Box to be designated
as a recreational river; 6.1 miles of the Gila River in the
Gila Lower Box as a wild river; and 2.4 miles of the Gila River
in the area known as the Gila Middle Box as a wild river.
The bill requires the Department and the USDA to consult
with Tribal governments, applicable political subdivisions of
the state, and interested members of the public when preparing
the comprehensive management plan for such segments. Any
nonfederal land within or adjacent to a WSR segment designated
by the bill that is acquired by the United States would be
incorporated in and administered as part of the applicable
segment. However, the bill prohibits the United States from
acquiring such land without the owner's consent.
The bill also authorizes the Department and the USDA to
construct, maintain, or replace fish barriers or other projects
if necessary for the recovery of a species listed as endangered
or threatened, if the species is identified as an outstandingly
remarkable value of the river segment, or if the barrier is
included in the applicable species recovery plan. Lastly, the
bill would transfer 440 acres of land from the Gila National
Forest to the Gila Cliff Dwellings National Monument, which is
administered by the NPS.
analysis
The Gila River and its watershed are part of one of the
most iconic river systems in the Southwestern United States.
The area provides habitat to many rare and unusual birds, and
has one of the highest bird diversities in the state. In
addition to its scenic, cultural, and ecological values, the
river provides opportunities for canoeing or rafting during
spring runoff, hunting, and year-round fishing and camping. The
President's America the Beautiful initiative specifically
emphasizes the value of conserving the nation's natural
resources, recognizing that multiple uses of our lands and
waters can be consistent with the long-term health and
sustainability of natural systems. S. 3129 aligns with the
Administration's goals to conserve at least 30 percent of our
lands and waters by 2030, and the Department supports the bill.
The BLM's Mimbres Resource Management Plan (RMP) recommends
designation of the Gila Lower Box and the Gila Middle Box as
Wild and Scenic River Study Areas due to their free-flowing
nature and the presence of Outstandingly Remarkable Values
(ORVs). The BLM notes that S. 3129 would designate all but .84
miles of the river within the Gila Lower Box as a Wild and
Scenic River, and the BLM recommends that the Sponsor consider
including this remaining portion within the designations
provided by the bill. In addition, the BLM recommends that the
Sponsor consider a wild designation for those river segments
that cross through WSAs and Areas of Critical Environmental
Concern.
The bill also proposes to transfer 440 acres of land from
the Gila National Forest to the Gila Cliff Dwellings National
Monument. The NPS already manages these lands and associated
facilities through an agreement with the USFS. This transfer,
which is supported by both agencies, would provide
administrative clarity and improve efficiency. The NPS would
not anticipate any substantial changes to the uses of the
transferred lands.
In addition, the FWS is concerned that S. 3129 may hinder
recovery efforts for native species in the Gila River basin and
would welcome the opportunity to work with the Committee and
the bill's Sponsors to ensure the Service can continue to
manage native species in the Gila basin. The BLM defers to the
USDA regarding the bill's provisions affecting the management
of lands under their jurisdiction.
Testimony of Christopher French Deputy Chief, National Forest System
United States Department of Agriculture, Forest Service
Chair Cortez Masto, Ranking Member Lee, and Members of the
Subcommittee, thank you for the opportunity to appear before
you today to discuss the views of the U.S. Department of
Agriculture on several bills that includes provisions related
to the USDA Forest Service.
s. 3129, m.h. dutch salmon greater gila wild and scenic river act
This bill designates approximately 450 miles of the Gila
River system in New Mexico as components of the National Wild
and Scenic Rivers System and transfers 440 acres of land from
the Gila National Forest to the Gila Cliff Dwellings Monument.
The Gila National Forest recently went through the Forest
Plan Revision process, which included a process of evaluation
of rivers eligible for Wild and Scenic designation. This
process was done through a stringent interdisciplinary process
with public input to determine river-related outstanding
remarkable values. We recognize the importance of protecting
and enhancing identified river values for the benefit and
enjoyment of present and future generations and we would like
to work with the Subcommittee and bill sponsors to clarify some
technical concerns associated with the proposed designations
and their classifications, as there are some river segments
within the proposed legislation that were not identified in
this Draft Forest Management Plan's public process.
Proposed language in the bill gives the Secretary
authorization to build barriers with certain constraints. We
would like to work with the committee to revise this section to
ensure that the language would not unintentionally preclude or
negatively affect restoration and preservation projects for
native fish species.
USDA would also like to ensure new designations are
properly integrated into the National Wild and Scenic Rivers
System with enough time to develop comprehensive river
management plans (CRMPs) and to establish detailed boundaries
in cooperation with Tribes, State, and local governments, and
interested stakeholders. The timeframes for completing detailed
boundaries and CRMPs, identified under Sections 3(b) and 3(d)
of the Wild and Scenic Rivers Act, can be challenging to meet,
especially for the number of river segments included in the
bill. Therefore, we would like to work with the Subcommittee
and bill sponsors to allow additional time for completion of
CRMP and boundary requirements.
This bill proposes to transfer 440 acres of land from the
Gila National Forest to the Gila Cliff Dwellings Monument. The
agency supports the proposed land transfer and looks forward to
working with the Committee to ensure multiple uses would not be
affected. The Forest Service is committed to collaborating with
Congress, Tribes, and all members of the interested public
during our land management planning process to identify and
propose appropriate parcels of land or river segments within
the National Forest System in New Mexico for potential
designation as wild and scenic, and to manage those parcels
responsibly when designated. We look forward to working with
the sponsors of this bill to address the concerns outlined
above and to provide appropriate clarifications that may be
useful.
USDA supports the goals and intent of the bill as well as
those specific designations that comport with the eligibility
and preliminary classification findings informed by the Draft
Forest Management Plan's public process. We would like to work
with the Subcommittee and bill sponsors to resolve some of the
above concerns associated with the current bill language and to
engage further with us in development of the Draft Forest Plan.
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 bill S. 3129, as ordered reported, are shown below
(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):
THE WILD AND SCENIC RIVERS ACT
Public Law 90-542
AN ACT to provide for a National Wild and Scenic Rivers System, and for
other purposes.
* * * * * * *
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
* * * * * * *
(231) Gila river system, new mexico.--The following
segments of the Gila River system in Las Animas Creek,
Holden Prong, and McKnight Canyon in the State of New
Mexico, to be administered by the Secretary concerned
(as defined in section 2(a) of the M.H. Dutch Salmon
Greater Gila Wild and Scenic River Act) in the
following classifications:
(A) Apache creek.--The approximately 10.5-
mile segment, as generally depicted on the map
entitled ``Apache Creek'' and dated April 30,
2020, as a wild river.
(B) Black canyon creek.--
(i) The 11.8-mile segment, as
generally depicted on the map entitled
``Black Canyon Creek'' and dated April
30, 2020, as a wild river.
(ii) The 0.6-mile segment, as
generally depicted on the map entitled
``Black Canyon Creek'' and dated April
30, 2020, as a recreational river.
(iii) The 1.9-mile segment, as
generally depicted on the map entitled
``Black Canyon Creek'' and dated April
30, 2020, as a recreational river.
(iv) The 11-mile segment, as
generally depicted on the map entitled
``Black Canyon Creek'' and dated April
30, 2020, as a wild river.
(C) Diamond creek.--
(i) The approximately 13.3-mile
segment, as generally depicted on the
map entitled ``Diamond Creek'' and
dated March 27, 2020, as a wild river.
(ii) The approximately 4.7-mile
segment, as generally depicted on the
map entitled ``Diamond Creek'' and
dated March 27, 2020, as a wild river.
(iii) The approximately 3.1-mile
segment, as generally depicted on the
map entitled ``Diamond Creek'' and
dated March 27, 2020, as a recreational
river.
(iv) The approximately 1.6-mile
segment, as generally depicted on the
map entitled ``Diamond Creek'' and
dated March 27, 2020, as a recreational
river.
(v) The approximately 4.1-mile
segment, as generally depicted on the
map entitled ``Diamond Creek'' and
dated March 27, 2020, as a wild river.
(D) South diamond creek.--The approximately
16.1-mile segment, as generally depicted on the
map entitled ``South Diamond Creek'' and dated
March 27, 2020, as a wild river.
(E) Gila river.--
(i) The approximately 34.9-mile
segment, as generally depicted on the
map entitled ``Gila River'' and dated
April 30, 2020, as a wild river.
(ii) The approximately 2.5-mile
segment, as generally depicted on the
map entitled ``Gila River'' and dated
April 30, 2020, as a recreational
river.
(iii) The approximately 3-mile
segment, as generally depicted on the
map entitled ``Gila River'' and dated
April 30, 2020, as a wild river.
(F) Gila river, east fork.--The approximately
10.3-mile segment, as generally depicted on the
map entitled ``East Fork Gila River'' and dated
April 30, 2020, as a wild river.
(G) Gila river, lower box.--
(i) The approximately 3.1-mile
segment, as generally depicted on the
map entitled ``Gila River, Lower Box''
and dated April 21, 2020, as a
recreational river.
(ii) The approximately 6.1-mile
segment, as generally depicted on the
map entitled ``Gila River, Lower Box''
and dated April 21, 2020, as a wild
river.
(H) Gila river, middle box.--
(i) The approximately 0.6-mile
segment, as generally depicted on the
map entitled ``Gila River, Middle Box''
and dated April 30, 2020, as a
recreational river.
(ii) The approximately 0.4-mile
segment, as generally depicted on the
map entitled ``Gila River, Middle Box''
and dated April 30, 2020, as a
recreational river.
(iii) The approximately 0.3-mile
segment, as generally depicted on the
map entitled ``Gila River, Middle Box''
and dated April 30, 2020, as a
recreational river.
(iv) The approximately 0.3-mile
segment, as generally depicted on the
map entitled ``Gila River, Middle Box''
and dated April 30, 2020, as a
recreational river.
(v) The approximately 1.6-mile
segment, as generally depicted on the
map entitled ``Gila River, Middle Box''
and dated April 30, 2020, as a
recreational river.
(vi) The approximately 9.8-mile
segment, as generally depicted on the
map entitled ``Gila River, Middle Box''
and dated April 30, 2020, as a wild
river.
(I) Gila river, middle fork.--
(i) The approximately 1.2-mile
segment, as generally depicted on the
map entitled ``Middle Fork Gila River''
and dated May 1, 2020, as a
recreational river.
(ii) The approximately 35.5-mile
segment, as generally depicted on the
map entitled ``Middle Fork Gila River''
and dated May 1, 2020, as a wild river.
(J) Gila river, west fork.--
(i) The approximately 30.6-mile
segment, as generally depicted on the
map entitled ``West Fork Gila River''
and dated May 1, 2020, as a wild river.
(ii) The approximately 4-mile
segment, as generally depicted on the
map entitled ``West Fork Gila River''
and dated May 1, 2020, as a
recreational river.
(K) Gilita creek.-- The approximately 6.4-
mile segment, as generally depicted on the map
entitled ``Gilita Creek'' and dated March 4,
2020, as a wild river.
(L) Holden prong.-- The approximately 7.3-
mile segment, as generally depicted on the map
entitled ``Holden Prong'' and dated March 27,
2020, as a wild river.
(M) Indian creek.--
(i) The approximately 5-mile segment,
as generally depicted on the map
entitled ``Indian Creek'' and dated
March 27, 2020, as a recreational
river.
(ii) The approximately 9.5-mile
segment, as generally depicted on the
map entitled ``Indian Creek'' and dated
March 27, 2020, as a wild river.
(N) Iron creek.--The approximately 13.2-mile
segment, as generally depicted on the map
entitled ``Iron Creek'' and dated March 4,
2020, as a wild river.
(O) Las animas creek.--
(i) The approximately 5.3-mile
segment, as generally depicted on the
map entitled ``Las Animas Creek'' and
dated March 27, 2020, as a wild river.
(ii) The approximately 2.3-mile
segment, as generally depicted on the
map entitled ``Las Animas Creek'' and
dated March 27, 2020, as a scenic
river.
(P) Little creek.--
(i) The approximately 0.3-mile
segment, as generally depicted on the
map entitled ``Little Creek'' and dated
May 1, 2020, as a recreational river.
(ii) The approximately 18.3-mile
segment, as generally depicted on the
map entitled ``Little Creek'' and dated
May 1, 2020, as a wild river.
(Q) McKnight canyon.--The approximately 10.3-
mile segment, as generally depicted on the map
entitled ``McKnight Canyon'' and dated March 4,
2020, as a wild river.
(R) Mineral creek.--
(i) The approximately 8.3-mile
segment, as generally depicted on the
map entitled ``Mineral Creek'' and
dated March 27, 2020, as a wild river.
(ii) The approximately 0.5-mile
segment, as generally depicted on the
map entitled ``Mineral Creek'' and
dated March 27, 2020, as a recreational
river.
(iii) The approximately 0.5-mile
segment, as generally depicted on the
map entitled ``Mineral Creek'' and
dated March 27, 2020, as a recreational
river.
(iv) The approximately 0.1-mile
segment, as generally depicted on the
map entitled ``Mineral Creek'' and
dated March 27, 2020, as a recreational
river.
(v) The approximately 0.03-mile
segment, as generally depicted on the
map entitled ``Mineral Creek'' and
dated March 27, 2020, as a recreational
river.
(vi) The approximately 0.02-mile
segment, as generally depicted on the
map entitled ``Mineral Creek'' and
dated March 27, 2020, as a recreational
river.
(vii) The approximately 0.6-mile
segment, as generally depicted on the
map entitled ``Mineral Creek'' and
dated March 27, 2020, as a recreational
river.
(viii) The approximately 0.1-mile
segment, as generally depicted on the
map entitled ``Mineral Creek'' and
dated March 27, 2020, as a recreational
river.
(ix) The approximately 0.03-mile
segment, as generally depicted on the
map entitled ``Mineral Creek'' and
dated March 27, 2020, as a recreational
river.
(x) The approximately 0.7-mile
segment, as generally depicted on the
map entitled ``Mineral Creek'' and
dated March 27, 2020, as a recreational
river.
(S) Mogollon creek.--The approximately 15.8-
mile segment, as generally depicted on the map
entitled ``Mogollon Creek'' and dated April 2,
2020, as a wild river.
(T) West fork mogollon creek.-- The
approximately 8.5-mile segment, as generally
depicted on the map entitled ``West Fork
Mogollon Creek'' and dated March 4, 2020, as a
wild river.
(U) Mule creek.--The approximately 4.3-mile
segment, as generally depicted on the map
entitled ``Mule Creek'' and dated March 4,
2020, as a wild river.
(V) San francisco river, devil's creek.--
(i) The approximately 1.8-mile
segment, as generally depicted on the
map entitled ``San Francisco River,
Devil's Creek'' and dated October 29,
2021, as a scenic river.
(ii) The approximately 6.4-mile
segment, as generally depicted on the
map entitled ``San Francisco River,
Devil's Creek'' and dated October 29,
2021, as a scenic river.
(iii) The approximately 6.1-mile
segment, as generally depicted on the
map entitled ``San Francisco River,
Devil's Creek'' and dated October 29,
2021, as a scenic river.
(iv) The approximately 1.2-mile
segment, as generally depicted on the
map entitled ``San Francisco River,
Devil's Creek'' and dated October 29,
2021, as a recreational river.
(v) The approximately 5.9-mile
segment, as generally depicted on the
map entitled ``San Francisco River,
Devil's Creek'' and dated October 29,
2021, as a recreational river.
(W) San francisco river, lower san francisco
river canyon.--
(i) The approximately 1.8-mile
segment, as generally depicted on the
map entitled ``San Francisco River,
Lower San Francisco River Canyon'' and
dated March 27, 2020, as a wild river.
(ii) The approximately 0.6-mile
segment, as generally depicted on the
map entitled ``San Francisco River,
Lower San Francisco River Canyon'' and
dated March 27, 2020, as a recreational
river.
(iii) The approximately 14.6-mile
segment, as generally depicted on the
map entitled ``San Francisco River,
Lower San Francisco River Canyon'' and
dated March 27, 2020, as a wild river.
(X) San francisco river, upper frisco box.--
The approximately 6-mile segment, as generally
depicted on the map entitled ``San Francisco
River, Upper Frisco Box'' and dated March 4,
2020, as a wild river.
(Y) Sapillo creek.--The approximately 7.2-
mile segment, as generally depicted on the map
entitled ``Sapillo Creek'' and dated March 27,
2020, as a wild river.
(Z) Spruce creek.--The approximately 3.7-mile
segment, as generally depicted on the map
entitled ``Spruce Creek'' and dated March 4,
2020, as a wild river.
(AA) Taylor creek.--
(i) The approximately 0.4-mile
segment, as generally depicted on the
map entitled ``Taylor Creek'' and dated
April 30, 2020, as a scenic river.
(ii) The approximately 6.1-mile
segment, as generally depicted on the
map entitled ``Taylor Creek'' and dated
April 30, 2020, as a wild river.
(iii) The approximately 6.7-mile
segment, as generally depicted on the
map entitled ``Taylor Creek'' and dated
April 30, 2020, as a wild river.
(BB) Turkey creek.--The approximately 17.1-
mile segment, as generally depicted on the map
entitled ``Turkey Creek'' and dated April 30,
2020, as a wild river.
(CC) Whitewater creek.--
(i) The approximately 13.5-mile
segment, as generally depicted on the
map entitled ``Whitewater Creek'' and
dated March 27, 2020, as a wild river.
(ii) The approximately 1.1-mile
segment, as generally depicted on the
map entitled ``Whitewater Creek'' and
dated March 27, 2020, as a recreational
river.
(DD) Willow creek.--
(i) The approximately 3-mile segment,
as generally depicted on the map
entitled ``Willow Creek'' and dated
April 30, 2020, as a recreational
river.
(ii) The approximately 2.9-mile
segment, as generally depicted on the
map entitled ``Willow Creek'' and dated
April 30, 2020, as a recreational
river.
* * * * * * *
[all]