II 

116TH CONGRESS 

2D SESSION S. 4926 

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 30, 2020 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Montana Headwaters 

5 Legacy Act’’. 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 


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1 (1) the streams designated as components of 

2 the Wild and Scenic Rivers System by the amend3 ment made by section 4(a) are cherished by the peo4 ple of the State of Montana and visitors from across 

5 the United States and around the world for their 

6 clean water, abundant fish and wildlife, spectacular 

7 natural settings, and outstanding recreational oppor8 tunities; 

9 (2) Indian Tribes have used the streams re10 ferred to in paragraph (1) for hunting, fishing, gath11 ering, and other cultural purposes since time imme12 morial; 

13 (3) recreational activities (including fishing, 

14 hunting, camping, paddling, hiking, swimming, rock 

15 climbing, horseback riding, and wildlife watching) on 

16 the streams referred to in paragraph (1) and the 

17 surrounding land generate billions of dollars annu18 ally for the economy of the State of Montana; 

19 (4) the multi-billion dollar agricultural industry 

20 in the State of Montana thrives on the availability 

21 of clean water that originates in headwaters streams 

22 on Federal public land; 

23 (5) the streams referred to in paragraph (1)— 

24 (A) are national treasures; 


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1 (B) possess outstandingly remarkable val2 ues; and 

3 (C) merit the high level of protection af4 forded by the Wild and Scenic Rivers Act (16 

5 U.S.C. 1271 et seq.) in order to maintain the 

6 benefits provided by the streams described in 

7 paragraphs (1) through (3) for future genera8 tions to enjoy; and 

9 (6) designation of select public land segments of 

10 the streams referred to in paragraph (1) under the 

11 Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) 

12 would recognize the importance of maintaining the 

13 values of each stream while— 

14 (A) preserving public access; 

15 (B) respecting private property rights; 

16 (C) allowing appropriate maintenance of 

17 existing infrastructure; and 

18 (D) allowing historical uses to continue. 

19 (b) PURPOSE.—The purpose of this Act is to des20 ignate certain segments and tributaries of the Missouri 

21 River and Yellowstone River Headwaters in the State of 

22 Montana as components of the National Wild and Scenic 

23 Rivers System to preserve and protect for present and fu24 ture generations the outstandingly remarkable values of 

25 each stream and tributary. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) COVERED SEGMENT.—The term ‘‘covered 

4 segment’’ means a river segment designated by para5 graphs (231) through (247) of section 3(a) of the 

6 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

7 added by section 4(a)). 

8 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

9 has the meaning given the term ‘‘Indian tribe’’ in 

10 section 4 of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 5304). 

12 (3) SECRETARY CONCERNED.—The term ‘‘Sec13 retary concerned’’ means— 

14 (A) the Secretary of the Interior, with re15 spect to a covered segment under the jurisdic16 tion of the Secretary of the Interior; and 

17 (B) the Secretary of Agriculture, with re18 spect to a covered segment under the jurisdic19 tion of the Secretary of Agriculture. 

20 (4) STATE.—The term ‘‘State’’ means the State 

21 of Montana. 

22 SEC. 4. DESIGNATION OF WILD AND SCENIC RIVER SEG23 MENTS. 

24 (a) IN GENERAL.—Section 3(a) of the Wild and Sce25 nic Rivers Act (16 U.S.C. 1274(a)) is amended by adding 

26 at the end the following: 


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1 ‘‘(231) SMITH RIVER, MONTANA.—The portion 

2 of the Smith River consisting of the approximately 

3 24-mile segment from the confluence of Tenderfoot 

4 Creek downstream to the confluence of Deep Creek, 

5 to be administered by the Secretary of Agriculture 

6 as a scenic river. 

7 ‘‘(232) TENDERFOOT CREEK, MONTANA.—The 

8 portion of Tenderfoot Creek consisting of the ap9 proximately 21-mile segment from the confluence 

10 with Iron Mines Creek downstream to the confluence 

11 with the Smith River, to be administered by the Sec12 retary of Agriculture as a scenic river. 

13 ‘‘(233) GALLATIN RIVER, MONTANA.—The por14 tion of the Gallatin River in the State of Montana 

15 consisting of the approximately 39-mile segment 

16 from the Yellowstone National Park boundary down17 stream to the confluence of Spanish Creek, to be ad18 ministered by the Secretary of Agriculture as a rec19 reational river. 

20 ‘‘(234) HYALITE CREEK, MONTANA.—The por21 tion of Hyalite Creek consisting of the approximately 

22 6-mile segment from the source in the Gallatin 

23 Range downstream to Hyalite Reservoir, to be ad24 ministered by the Secretary of Agriculture as a sce25 nic river. 


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1 ‘‘(235) TAYLOR CREEK, MONTANA.—The por2 tion of Taylor Creek consisting of— 

3 ‘‘(A) the approximately 3-mile segment 

4 from the source in the Madison Range down5 stream to the Lee Metcalf Wilderness boundary, 

6 to be administered by the Secretary of Agri7 culture as a wild river; and 

8 ‘‘(B) the approximately 15-mile segment 

9 from the Lee Metcalf Wilderness boundary 

10 downstream to the Gallatin River, to be admin11 istered by the Secretary of Agriculture as a rec12 reational river, with the boundary of the cor13 ridor flowing through the private land of Nine 

14 Quarter Circle Ranch being the ordinary high 

15 water mark. 

16 ‘‘(236) MADISON RIVER, MONTANA.—The por17 tions of the Madison River in the State of Montana, 

18 consisting of— 

19 ‘‘(A) the approximately 2-mile segment 

20 from the Yellowstone National Park boundary 

21 to the inlet in the Madison arm of Hebgen 

22 Lake, to be administered by the Secretary of 

23 Agriculture as a scenic river; 

24 ‘‘(B) the approximately 11-mile segment 

25 from 2,000 feet downstream of the Hebgen 


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1 Lake Dam downstream to the confluence of the 

2 West Fork Madison River, to be administered 

3 by the Secretary of Agriculture as a rec4 reational river; 

5 ‘‘(C) the approximately 7-mile segment 

6 from 800 feet downstream of Madison Dam 

7 Powerhouse downstream to the Lee Metcalf 

8 Wilderness boundary, to be administered by the 

9 Secretary of the Interior as a wild river; and 

10 ‘‘(D) the approximately 7-mile segment 

11 from the Lee Metcalf Wilderness Boundary 

12 downstream to the Bureau of Land Manage13 ment boundary at the Black’s Ford Fishing Ac14 cess Site, to be administered by the Secretary 

15 of the Interior as a recreational river. 

16 ‘‘(237) BEAR CREEK, MONTANA.—The portions 

17 of Bear Creek consisting of— 

18 ‘‘(A) the approximately 2-mile segment 

19 from the source downstream to the Absaroka20 Beartooth Wilderness boundary, to be adminis21 tered by the Secretary of Agriculture as a wild 

22 river; and 

23 ‘‘(B) the approximately 7-mile segment 

24 from the Absaroka-Beartooth Wilderness 

25 boundary to the confluence with the YellowVerDate Sep 11 2014 06:26 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4926.IS S4926

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1 stone River, to be administered by the Sec2 retary of Agriculture as a recreational river. 

3 ‘‘(238) BOULDER RIVER, MONTANA.—The por4 tions of the Boulder River consisting of— 

5 ‘‘(A) the approximately 3-mile segment 

6 from the source in the Absaroka-Beartooth Wil7 derness downstream to the Absaroka-Beartooth 

8 Wilderness boundary, to be administered by the 

9 Secretary of Agriculture as a wild river; and 

10 ‘‘(B) the approximately 30-mile segment 

11 from the Absaroka-Beartooth Wilderness 

12 boundary downstream to the Custer Gallatin 

13 National Forest boundary downstream of Nat14 ural Bridge Falls, to be administered by the 

15 Secretary of Agriculture as a recreational river. 

16 ‘‘(239) HELLROARING CREEK, MONTANA.—The 

17 portion of Hellroaring Creek consisting of the ap18 proximately 19-mile segment from the source in the 

19 Absaroka-Beartooth Wilderness downstream to the 

20 Custer Gallatin National Forest boundary, to be ad21 ministered by the Secretary of Agriculture as a wild 

22 river. 

23 ‘‘(240) LAKE FORK ROCK CREEK, MONTANA.— 

24 The portions of Lake Fork Rock Creek consisting 

25 of— 


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1 ‘‘(A) the approximately 11-mile segment 

2 from the source in the Absaroka-Beartooth Wil3 derness downstream to the Absaroka-Beartooth 

4 Wilderness boundary, to be administered by the 

5 Secretary of Agriculture as a wild river; and 

6 ‘‘(B) the approximately 2-mile segment 

7 from the Absaroka-Beartooth Wilderness 

8 boundary to the confluence with Rock Creek, to 

9 be administered by the Secretary of Agriculture 

10 as a recreational river. 

11 ‘‘(241) ROCK CREEK, MONTANA.—The portion 

12 of Rock Creek in the State of Montana consisting of 

13 the approximately 14-mile segment from the border 

14 between the States of Montana and Wyoming to the 

15 Custer Gallatin National Forest boundary, to be ad16 ministered by the Secretary of Agriculture as a rec17 reational river. 

18 ‘‘(242) SLOUGH CREEK, MONTANA.—The por19 tion of Slough Creek consisting of the approximately 

20 19-mile segment from the source in the Absaroka21 Beartooth Wilderness downstream to the Custer 

22 Gallatin National Forest boundary, to be adminis23 tered by the Secretary of Agriculture as a wild river. 

24 ‘‘(243) STILLWATER RIVER, MONTANA.—The 

25 portions of the Stillwater River consisting of— 


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1 ‘‘(A) the approximately 26-mile segment 

2 from the source in the Absaroka-Beartooth Wil3 derness downstream to the Wilderness bound4 ary, to be administered by the Secretary of Ag5 riculture as a wild river; and 

6 ‘‘(B) the approximately 3-mile segment 

7 from the Absaroka-Beartooth Wilderness 

8 boundary downstream to Flume Creek, to be 

9 administered by the Secretary of Agriculture as 

10 a recreational river. 

11 ‘‘(244) WEST BOULDER RIVER, MONTANA.— 

12 The portion of the West Boulder River consisting of 

13 the approximately 11-mile segment from the source 

14 in the Absaroka-Beartooth Wilderness downstream 

15 to the Wilderness boundary, to be administered by 

16 the Secretary of Agriculture as a wild river. 

17 ‘‘(245) WEST FORK STILLWATER RIVER, MON18 TANA.—The portion of the West Fork Stillwater 

19 River consisting of the approximately 14-mile seg20 ment from the source in the Absaroka-Beartooth 

21 Wilderness downstream to the Absaroka-Beartooth 

22 Wilderness boundary, to be administered by the Sec23 retary of Agriculture as a wild river. 


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1 ‘‘(246) WEST FORK OF ROCK CREEK, MON2 TANA.—The portions of West Fork of Rock Creek 

3 consisting of— 

4 ‘‘(A) the approximately 9-mile segment 

5 from the source in the Absaroka-Beartooth Wil6 derness downstream to the Absaroka-Beartooth 

7 Wilderness boundary, to be administered by the 

8 Secretary of Agriculture as a wild river; and 

9 ‘‘(B) the approximately 11-mile segment 

10 from the Absaroka-Beartooth Wilderness 

11 boundary downstream to the Custer Gallatin 

12 National Forest boundary, to be administered 

13 by the Secretary of Agriculture as a rec14 reational river. 

15 ‘‘(247) YELLOWSTONE RIVER, MONTANA.—The 

16 portion of the Yellowstone River in the State of 

17 Montana, consisting of the approximately 18-mile 

18 segment from the Yellowstone National Park bound19 ary in Gardiner, Montana, downstream to the con20 fluence with Tom Miner Creek, to be administered 

21 by the Secretary of Agriculture as a recreational 

22 river.’’. 

23 (b) CONSENT OF OWNER OF LAND REQUIRED.—No 

24 land or interest in land located within the boundary of 

25 a covered segment may be acquired by the Secretary conVerDate Sep 11 2014 06:26 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4926.IS S4926

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1 cerned without the consent of the owner of the land or 

2 interest in land. 

3 (c) EFFECT OF DESIGNATIONS.—Nothing in this Act 

4 or an amendment made by this Act affects valid existing 

5 rights, including— 

6 (1) Federal, Tribal, and interstate water com7 pacts in existence on the date of enactment of this 

8 Act (including full development of any apportion9 ment made in accordance with the compacts); 

10 (2) water rights in the State; and 

11 (3) water rights held by the United States. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as are nec14 essary to carry out this Act (including the amendments 

15 made by this Act). 

Æ 


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