II 

118TH CONGRESS 

1ST SESSION S. 3346 

To amend the Wild and Scenic Rivers Act to designate certain streams 

in the greater Yellowstone ecosystem and Smith River system in the 

State of Montana as components of the Wild and Scenic Rivers System, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 27, 2023 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the Wild and Scenic Rivers Act to designate 

certain streams in the greater Yellowstone ecosystem and 

Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for 

other purposes. 

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 (233) through (252) 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 in section 4 of the 

10 Indian Self-Determination and Education Assistance 

11 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 ‘‘(233) 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 ‘‘(234) 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 ‘‘(235) 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 ‘‘(236) 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 ‘‘(237) 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 ‘‘(238) MADISON RIVER, MONTANA.—The por17 tions of the Madison River in the State of Montana, 

18 consisting of— 

19 ‘‘(A) the approximately 42-mile segment 

20 from the confluence of Cabin Creek downstream 

21 to the point at which the river leaves Bureau of 

22 Land Management land at the north boundary 

23 of T. 8 S., R. 1 W., sec. 10, approximately 1 

24 mile north of the confluence of Cherry Creek, to 

25 be administered by the Secretary of Agriculture 


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1 and the Secretary of the Interior as a rec2 reational river; 

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

4 from 800 feet downstream of Madison Dam 

5 Powerhouse downstream to the Lee Metcalf 

6 Wilderness boundary, to be administered by the 

7 Secretary of the Interior as a wild river; and 

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

9 from the Lee Metcalf Wilderness Boundary 

10 downstream to the Bureau of Land Manage11 ment boundary at the Black’s Ford Fishing Ac12 cess Site, to be administered by the Secretary 

13 of the Interior as a recreational river. 

14 ‘‘(239) BEAR CREEK, MONTANA.—The portions 

15 of Bear Creek consisting of— 

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

17 from the source downstream to the Absaroka18 Beartooth Wilderness boundary, to be adminis19 tered by the Secretary of Agriculture as a wild 

20 river; and 

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

22 from the Absaroka-Beartooth Wilderness 

23 boundary to the confluence with the Yellow24 stone River, to be administered by the Sec25 retary of Agriculture as a recreational river. 


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1 ‘‘(240) BOULDER RIVER, MONTANA.—The por2 tions of the Boulder River consisting of— 

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

4 from the source in the Absaroka-Beartooth Wil5 derness downstream to the Absaroka-Beartooth 

6 Wilderness boundary, to be administered by the 

7 Secretary of Agriculture as a wild river; and 

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

9 from the Absaroka-Beartooth Wilderness 

10 boundary downstream to the Custer Gallatin 

11 National Forest boundary downstream of Nat12 ural Bridge Falls, to be administered by the 

13 Secretary of Agriculture as a recreational river. 

14 ‘‘(241) HELLROARING CREEK, MONTANA.—The 

15 portion of Hellroaring Creek consisting of the ap16 proximately 19-mile segment from the source in the 

17 Absaroka-Beartooth Wilderness downstream to the 

18 Custer Gallatin National Forest boundary, to be ad19 ministered by the Secretary of Agriculture as a wild 

20 river. 

21 ‘‘(242) LAKE FORK ROCK CREEK, MONTANA.— 

22 The portions of Lake Fork Rock Creek consisting 

23 of— 

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

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1 derness downstream to the Absaroka-Beartooth 

2 Wilderness boundary, to be administered by the 

3 Secretary of Agriculture as a wild river; and 

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

5 from the Absaroka-Beartooth Wilderness 

6 boundary to the confluence with Rock Creek, to 

7 be administered by the Secretary of Agriculture 

8 as a recreational river. 

9 ‘‘(243) ROCK CREEK, MONTANA.—The portion 

10 of Rock Creek in the State of Montana consisting of 

11 the approximately 14-mile segment from the border 

12 between the States of Montana and Wyoming to the 

13 Custer Gallatin National Forest boundary, to be ad14 ministered by the Secretary of Agriculture as a rec15 reational river. 

16 ‘‘(244) SLOUGH CREEK, MONTANA.—The por17 tion of Slough Creek consisting of the approximately 

18 19-mile segment from the source in the Absaroka19 Beartooth Wilderness downstream to the Custer 

20 Gallatin National Forest boundary, to be adminis21 tered by the Secretary of Agriculture as a wild river. 

22 ‘‘(245) STILLWATER RIVER, MONTANA.—The 

23 portions of the Stillwater River consisting of— 

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

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1 derness downstream to the Wilderness bound2 ary, to be administered by the Secretary of Ag3 riculture as a wild river; and 

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

5 from the Absaroka-Beartooth Wilderness 

6 boundary downstream to Flume Creek, to be 

7 administered by the Secretary of Agriculture as 

8 a recreational river. 

9 ‘‘(246) WEST BOULDER RIVER, MONTANA.— 

10 The portion of the West Boulder River consisting of 

11 the approximately 15-mile segment from the source 

12 in the Absaroka-Beartooth Wilderness downstream 

13 to the Wilderness boundary, to be administered by 

14 the Secretary of Agriculture as a wild river. 

15 ‘‘(247) WEST FORK STILLWATER RIVER, MON16 TANA.—The portion of the West Fork Stillwater 

17 River consisting of the approximately 14-mile seg18 ment from the source in the Absaroka-Beartooth 

19 Wilderness downstream to the Absaroka-Beartooth 

20 Wilderness boundary, to be administered by the Sec21 retary of Agriculture as a wild river. 

22 ‘‘(248) WEST FORK OF ROCK CREEK, MON23 TANA.—The portions of West Fork of Rock Creek 

24 consisting of— 


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1 ‘‘(A) the approximately 9-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 11-mile segment 

7 from the Absaroka-Beartooth Wilderness 

8 boundary downstream to the Custer Gallatin 

9 National Forest boundary, to be administered 

10 by the Secretary of Agriculture as a rec11 reational river. 

12 ‘‘(249) YELLOWSTONE RIVER, MONTANA.—The 

13 portion of the Yellowstone River in the State of 

14 Montana, consisting of the approximately 19-mile 

15 segment from the Yellowstone National Park bound16 ary in Gardiner, Montana, downstream to the con17 fluence with Rock Creek at the Cabella Fishing Ac18 cess Site, to be administered by the Secretary of Ag19 riculture and the Secretary of the Interior as a rec20 reational river. 

21 ‘‘(250) CABIN CREEK, MONTANA.—The portions 

22 of Cabin Creek in the State of Montana, consisting 

23 of— 

24 ‘‘(A) the approximately 7-mile segment 

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1 stream to the fish barrier, to be administered 

2 by the Secretary of Agriculture as a wild river; 

3 and 

4 ‘‘(B) the approximately 1-mile segment 

5 from the fish barrier downstream to the con6 fluence with the Madison River, to be adminis7 tered by the Secretary of Agriculture as a rec8 reational river, subject to the condition that the 

9 designation of the segment shall not preclude 

10 maintenance or management of the fish barrier 

11 by cooperating Federal and State agencies. 

12 ‘‘(251) MIDDLE FORK OF CABIN CREEK, MON13 TANA.—The portion of the Middle Fork of Cabin 

14 Creek in the State of Montana, consisting of the ap15 proximately 5-mile segment from the source in the 

16 Madison Range downstream to the confluence with 

17 Cabin Creek, to be administered by the Secretary of 

18 Agriculture as a wild river. 

19 ‘‘(252) CLARKS FORK OF THE YELLOWSTONE

20 RIVER, MONTANA.—The portions of the Clarks Fork 

21 of the Yellowstone River in the State of Montana, 

22 consisting of— 

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

24 from Broadwater River downstream to the Ab25 saroka-Beartooth Wilderness boundary, to be 


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1 administered by the Secretary of Agriculture as 

2 a scenic river; and 

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

4 from Absaroka-Beartooth Wilderness boundary 

5 downstream to the Montana-Wyoming State 

6 line, to be administered by the Secretary of Ag7 riculture as a wild river.’’. 

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

9 land or interest in land located within the boundary of 

10 a covered segment may be acquired by the Secretary con11 cerned without the consent of the owner of the land or 

12 interest in land. 

13 (c) EFFECT OF DESIGNATIONS ON WATER

14 RIGHTS.—Nothing in this Act or an amendment made by 

15 this Act affects valid existing rights, including— 

16 (1) Federal, Tribal, and interstate water com17 pacts in existence on the date of enactment of this 

18 Act (including full development of any apportion19 ment made in accordance with the compacts); 

20 (2) water rights in the State; and 

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

22 (d) EFFECT OF DESIGNATIONS ON HEBGEN AND

23 MADISON DEVELOPMENTS.—The designation of a covered 

24 segment by section 4(a) shall not— 


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1 (1) prohibit, preempt, or abridge the licensing 

2 by the Federal Energy Regulatory Commission as a 

3 current or future federally licensed hydroelectric 

4 generation project under part I of the Federal 

5 Power Act (16 U.S.C. 792 et seq.) of any hydro6 electric project (including any aspect of existing or 

7 future facilities, operations, and transmission lines 

8 of the hydroelectric project) constructed on the 

9 Madison River as of the date of enactment of this 

10 Act; 

11 (2) prohibit, preempt, or abridge the licensing 

12 or development by the Federal Energy Regulatory 

13 Commission as a federally licensed generation 

14 project under part I of the Federal Power Act (16 

15 U.S.C. 792 et seq.) of any future hydroelectric gen16 eration that might be added to the Hebgen and 

17 Madison Developments (Federal Energy Commission 

18 project number 2188) (including any aspect of exist19 ing or future facilities, operations, and transmission 

20 lines); or 

21 (3) affect the operation of, or impose any, flow 

22 release requirements at the Hebgen and Madison 

23 Developments described in paragraph (2) that are 

24 intended to satisfy current or future— 


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1 (A) Federal Energy Regulatory Commis2 sion license conditions; or 

3 (B) compliance or management plans ap4 proved by the Federal Energy Regulatory Com5 mission. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated such sums as are nec8 essary to carry out this Act (including the amendments 

9 made by this Act). 

Æ 


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