II 

117TH CONGRESS 

1ST SESSION S. 2254 

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 

JUNE 24, 2021 

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 (250) 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 37-mile segment 

25 from 2,000 feet downstream of the Hebgen 


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1 Lake Dam downstream to the point at which 

2 the river leaves Bureau of Land Management 

3 land at the north boundary of T. 8 S., R. 1 W., 

4 sec. 10, approximately 1 mile north of the con5 fluence of Cherry Creek, to be administered by 

6 the Secretary of Agriculture and the Secretary 

7 of the Interior as a recreational river; 

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

9 from 800 feet downstream of Madison Dam 

10 Powerhouse downstream to the Lee Metcalf 

11 Wilderness boundary, to be administered by the 

12 Secretary of the Interior as a wild river; and 

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

14 from the Lee Metcalf Wilderness Boundary 

15 downstream to the Bureau of Land Manage16 ment boundary at the Black’s Ford Fishing Ac17 cess Site, to be administered by the Secretary 

18 of the Interior as a recreational river. 

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

20 of Bear Creek consisting of— 

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

22 from the source downstream to the Absaroka23 Beartooth Wilderness boundary, to be adminis24 tered by the Secretary of Agriculture as a wild 

25 river; and 


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

2 from the Absaroka-Beartooth Wilderness 

3 boundary to the confluence with the Yellow4 stone River, to be administered by the Sec5 retary of Agriculture as a recreational river. 

6 ‘‘(238) BOULDER RIVER, MONTANA.—The por7 tions of the Boulder River consisting of— 

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

9 from the source in the Absaroka-Beartooth Wil10 derness downstream to the Absaroka-Beartooth 

11 Wilderness boundary, to be administered by the 

12 Secretary of Agriculture as a wild river; and 

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

14 from the Absaroka-Beartooth Wilderness 

15 boundary downstream to the Custer Gallatin 

16 National Forest boundary downstream of Nat17 ural Bridge Falls, to be administered by the 

18 Secretary of Agriculture as a recreational river. 

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

20 portion of Hellroaring Creek consisting of the ap21 proximately 19-mile segment from the source in the 

22 Absaroka-Beartooth Wilderness downstream to the 

23 Custer Gallatin National Forest boundary, to be ad24 ministered by the Secretary of Agriculture as a wild 

25 river. 


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

2 The portions of Lake Fork Rock Creek consisting 

3 of— 

4 ‘‘(A) the approximately 11-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 2-mile segment 

10 from the Absaroka-Beartooth Wilderness 

11 boundary to the confluence with Rock Creek, to 

12 be administered by the Secretary of Agriculture 

13 as a recreational river. 

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

15 of Rock Creek in the State of Montana consisting of 

16 the approximately 14-mile segment from the border 

17 between the States of Montana and Wyoming to the 

18 Custer Gallatin National Forest boundary, to be ad19 ministered by the Secretary of Agriculture as a rec20 reational river. 

21 ‘‘(242) SLOUGH CREEK, MONTANA.—The por22 tion of Slough Creek consisting of the approximately 

23 19-mile segment from the source in the Absaroka24 Beartooth Wilderness downstream to the Custer 


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1 Gallatin National Forest boundary, to be adminis2 tered by the Secretary of Agriculture as a wild river. 

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

4 portions of the Stillwater River consisting of— 

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

6 from the source in the Absaroka-Beartooth Wil7 derness downstream to the Wilderness bound8 ary, to be administered by the Secretary of Ag9 riculture as a wild river; and 

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

11 from the Absaroka-Beartooth Wilderness 

12 boundary downstream to Flume Creek, to be 

13 administered by the Secretary of Agriculture as 

14 a recreational river. 

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

16 The portion of the West Boulder River consisting of 

17 the approximately 11-mile segment from the source 

18 in the Absaroka-Beartooth Wilderness downstream 

19 to the Wilderness boundary, to be administered by 

20 the Secretary of Agriculture as a wild river. 

21 ‘‘(245) WEST FORK STILLWATER RIVER, MON22 TANA.—The portion of the West Fork Stillwater 

23 River consisting of the approximately 14-mile seg24 ment from the source in the Absaroka-Beartooth 

25 Wilderness downstream to the Absaroka-Beartooth 


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1 Wilderness boundary, to be administered by the Sec2 retary of Agriculture as a wild river. 

3 ‘‘(246) WEST FORK OF ROCK CREEK, MON4 TANA.—The portions of West Fork of Rock Creek 

5 consisting of— 

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

7 from the source in the Absaroka-Beartooth Wil8 derness downstream to the Absaroka-Beartooth 

9 Wilderness boundary, to be administered by the 

10 Secretary of Agriculture as a wild river; and 

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

12 from the Absaroka-Beartooth Wilderness 

13 boundary downstream to the Custer Gallatin 

14 National Forest boundary, to be administered 

15 by the Secretary of Agriculture as a rec16 reational river. 

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

18 portion of the Yellowstone River in the State of 

19 Montana, consisting of the approximately 19-mile 

20 segment from the Yellowstone National Park bound21 ary in Gardiner, Montana, downstream to the con22 fluence with Rock Creek at the Cabella Fishing Ac23 cess Site, to be administered by the Secretary of Ag24 riculture and the Secretary of the Interior as a rec25 reational river. 


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1 ‘‘(248) CABIN CREEK, MONTANA.—The portions 

2 of Cabin Creek in the State of Montana, consisting 

3 of— 

4 ‘‘(A) the approximately 6.3-mile segment 

5 from the source in the Madison Range down6 stream to the fish barrier, to be administered 

7 by the Secretary of Agriculture as a wild river; 

8 and 

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

10 from the fish barrier downstream to the con11 fluence with the Madison River, to be adminis12 tered by the Secretary of Agriculture as a rec13 reational river, subject to the condition that the 

14 designation of the segment shall not preclude 

15 maintenance or management of the fish barrier 

16 by cooperating Federal and State agencies. 

17 ‘‘(249) MIDDLE FORK OF CABIN CREEK, MON18 TANA.—The portion of the Middle Fork of Cabin 

19 Creek in the State of Montana, consisting of the ap20 proximately 5.1-mile segment from the source in the 

21 Madison Range downstream to the confluence with 

22 Cabin Creek, to be administered by the Secretary of 

23 Agriculture as a wild river. 

24 ‘‘(250) CLARKS FORK OF THE YELLOWSTONE

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


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1 of the Yellowstone River in the State of Montana, 

2 consisting of— 

3 ‘‘(A) the approximately 0.5-mile segment 

4 from Broadwater River downstream to the Ab5 saroka-Beartooth Wilderness boundary, to be 

6 administered by the Secretary of Agriculture as 

7 a scenic river; and 

8 ‘‘(B) the approximately 2.1-mile segment 

9 from Absaroka-Beartooth Wilderness boundary 

10 downstream to the Montana-Wyoming State 

11 line, to be administered by the Secretary of Ag12 riculture as a wild river.’’. 

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

14 land or interest in land located within the boundary of 

15 a covered segment may be acquired by the Secretary con16 cerned without the consent of the owner of the land or 

17 interest in land. 

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

19 or an amendment made by this Act affects valid existing 

20 rights, including— 

21 (1) Federal, Tribal, and interstate water com22 pacts in existence on the date of enactment of this 

23 Act (including full development of any apportion24 ment made in accordance with the compacts); 

25 (2) water rights in the State; and 


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

2 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

3 are authorized to be appropriated such sums as are nec4 essary to carry out this Act (including the amendments 

5 made by this Act). 

Æ 


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