59–010 

Calendar No. 581 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–309 

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. 


smartinez on DSK3GLQ082PROD with REPORTS-SEN
2 

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 


smartinez on DSK3GLQ082PROD with REPORTS-SEN
3 

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. 


smartinez on DSK3GLQ082PROD with REPORTS-SEN
4 

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 


smartinez on DSK3GLQ082PROD with REPORTS-SEN
5 

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. 

* * * * * * * 

Æ 


smartinez on DSK3GLQ082PROD with REPORTS-SEN