II

104TH CONGRESS

2D SESSION S. 1737

To protect Yellowstone National Park, the Clarks Fork of the Yellowstone

National Wild and Scenic River and the Absaroka-Beartooth National

Wilderness Area, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 8, 1996

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

to the Committee on Energy and Natural Resources

A BILL

To protect Yellowstone National Park, the Clarks Fork of

the Yellowstone National Wild and Scenic River and

the Absaroka-Beartooth National Wilderness Area, 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 ‘‘Yellowstone Protection

5 Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—
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1 (1) the superlative natural and scenic resources

2 of the Yellowstone area led Congress in 1872 to es3 tablish Yellowstone National Park as the world’s

4 first national park;

5 (2) a 20.5 mile segment of the Clarks Fork of

6 the Yellowstone River was designated in 1990 as a

7 component of the National Wild and Scenic Rivers

8 system, the only such designation within the State of

9 Wyoming, in order to preserve and enhance the nat10 ural, scenic, and recreational resources of such seg11 ment;

12 (3) the Absaroka-Beartooth National Wilder13 ness Area was designated in 1978 to protect the wil14 derness and ecological values of certain lands north

15 and east of Yellowstone National Park;

16 (4) in recognition of its natural resource values

17 and international significance, Yellowstone National

18 Park was designated a World Heritage Site in 1978;

19 (5) past and ongoing mining practices have de20 graded the resource values of Henderson Mountain

21 and adjacent lands upstream of Yellowstone Na22 tional Park, the Absaroka-Beartooth National Wil23 derness Area and the Clarks Fork of the Yellow24 stone National Wild and Scenic River, and acid mine

25 pollution and heavy metal contamination caused by
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1 such practices have polluted the headwater sources

2 of Soda Butte Creek and the Lamar River, the

3 Clarks Fork of the Yellowstone River and the Still4 water River;

5 (6) on September 1, 1995 approximately

6 19,100 acres of Federal land upstream of Yellow7 stone National Park, the Clarks Fork of the Yellow8 stone National Wild and Scenic River and the Absa9 roka-Beartooth National Wilderness Area were seg10 regated from entry under the general mining laws

11 for a two-year period, in order to protect the water12 sheds within the drainages of the Clarks Fork of the

13 Yellowstone River, Soda Butte Creek and the Still14 water River and to protect the water quality and

15 fresh water fishery resources within Yellowstone Na16 tional Park;

17 (7) because of proposed mineral development

18 upstream of Yellowstone National Park, and other

19 reasons, the World Heritage Committee added Yel20 lowstone National Park to the ‘‘List of World Herit21 age in Danger’’ in December, 1995; and

22 (8) proposed mining activities in the area

23 present a clear and present danger to the resource

24 values of the area as well as those of Yellowstone

25 National Park, the Clarks Fork of the Yellowstone
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1 National Wild and Scenic River and the Absaroka2 Beartooth National Wilderness Area, and it is,

3 therefore, in the public interest to protect these

4 lands and rivers from such mining activities.

5 SEC. 3. PURPOSE.

6 The purpose of the Act is to make permanent the

7 present temporary segregation of lands upstream of Yel8 lowstone National Park, Absaroka-Beartooth National

9 Wilderness Area and the Clarks Fork of the Yellowstone

10 National Wild and Scenic River from entry under the gen11 eral mining laws, restrict the use of certain Federal lands,

12 and to provide assurance that the exercise of valid existing

13 mineral rights does not threaten the water quality, fish14 eries and other resource values of this area.

15 SEC. 4. AREA INCLUDED.

16 The area affected by this Act shall be comprised of

17 approximately 24,000 acres of lands and interests in lands

18 within the Gallatin and Custer National Forests as gen19 erally depicted on the map entitled ‘‘Yellowstone Protec20 tion Act of 1996’’. The map shall be on file and available

21 for public inspection in the offices of the Chief of the For22 est Service, Department of Agriculture, Washington, D.C.

23 SEC. 5. MINERALS AND MINING.

24 (a) WITHDRAWAL.—After enactment of this Act, and

25 subject to valid existing rights, the lands segregated from
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1 entry under the general mining laws pursuant to the order

2 contained on page 45732 of the Federal Register (Septem3 ber 1, 1995) shall not be—

4 (1) open to location of mining claims under the

5 general mining laws of the United States;

6 (2) available for leasing under the mineral leas7 ing and geothermal leasing laws of the United

8 States; and

9 (3) available for disposal of mineral materials

10 under the Act of July 31, 1947, commonly known as

11 the Material Act of 1947 (30 U.S.C. 601 et seq.).

12 (b) LIMITATION ON PATENT ISSUANCE.—Subject to

13 valid existing rights, no patents under the general mining

14 laws shall be issued for any claim located in the area de15 scribed in section 4.

16 (c) PROHIBITION.—(1) Subject to valid existing

17 rights, no Federal lands within the area described in sec18 tion 4 may be used in connection with any mining related

19 activity, except for reclamation.

20 (2) Subject to valid existing rights, no Federal de21 partment or agency shall assist by loan, grant, license, or

22 otherwise in the development or construction of cyanide

23 heap- or vat-leach facilities, dams, or other impoundment

24 structures for the storage of mine tailings, work camps,

25 powerplants, electrical transmission lines, gravel or rock
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1 borrow pits or mills within the area described in section

2 4. However, nothing in this section shall limit reclamation.

3 (d) RECLAMATION.—Any mining or mining related

4 activities occurring in the area described in section 4 shall

5 be subject to operation and reclamation requirements es6 tablished by the Secretary of Agriculture, including re7 quirements for reasonable reclamation of disturbed lands

8 to a visual and hydrological condition as close as practical

9 to their premining condition.

10 (e) MINING CLAIM VALIDITY REVIEWS.—The Sec11 retary of the Interior, in consultation with the Secretary

12 of Agriculture, shall complete within three years of the

13 date of enactment of this Act, a review of the validity of

14 all claims under the general mining laws within the area

15 described in section 4. If a claim is determined to be in16 valid, the claim shall be immediately declared null and

17 void.

18 (f) PLANS OF OPERATION.—(1) The Secretary of Ag19 riculture shall not approve a plan of operation for mining

20 activities within the area described in section 4 that

21 threatens to pollute groundwater or surface water flowing

22 into Yellowstone National Park, the Clarks Fork of the

23 Yellowstone National Wild and Scenic River or the Absa24 roka-Beartooth National Wilderness Area.
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1 (2) Prior to granting an order approving a plan of

2 operations for mining activities within the area described

3 in section 4, the Secretary of Agriculture shall transmit

4 the proposed plan of operation to the Secretary of the In5 terior and the Administrator of the Environmental Protec6 tion Agency, and the Governors of Montana and Wyoming.

7 (3) Within 90 days of the date on which the proposed

8 plan of operations is submitted for their review, the Sec9 retary of the Interior and the Administrator of the Envi10 ronmental Protection Agency shall either: (i) certify that

11 the proposed plan of operation does not threaten to pollute

12 groundwater or surface water flowing into Yellowstone

13 National Park, the Clarks Fork of the Yellowstone Na14 tional Wild and Scenic River or the Absaroka-Beartooth

15 National Wilderness Area, or (ii) make recommendations

16 for any actions or conditions that would be necessary to

17 obtain their certification that the proposed plan of oper18 ation will not threaten such pollution.

19 (4) The Secretary of Agriculture shall not approve

20 a plan of operation unless: (i) the Secretary of the Interior

21 and the Administrator of the Environmental Protection

22 Agency provide the certification under subsection (f)(3) of

23 this section, or (ii) the plan of operation is modified to

24 adopt the recommendations made by them, and (iii) any
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1 comments submitted by the Governors of Montana and

2 Wyoming are taken into account.

3 (5) The Secretary of Agriculture shall not approve

4 a plan of operation for any mining activities within the

5 area described in section 4 that requires the perpetual

6 treatment of acid mine pollution of surface or groundwater

7 resources.

8 (6) Prior to executing a final approval of the plan

9 of operation, the Secretary of Agriculture shall transmit

10 the proposed final plan to the President and Congress.

11 The President and Congress shall have 6 months from the

12 date of submittal to consider and review the final plan of

13 operation, before the Secretary of Agriculture may execute

14 any final approval of such plan.

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