I
104TH CONGRESS
1ST SESSION
H. R. 1846
To establish the Yellowstone Headwaters National Recreation Area within
the Gallatin and Custer National Forests in the State of Montana,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 14, 1995
Mr. RICHARDSON (for himself, Mr. ABERCROMBIE, Mr. BARRETT of Wiscon-
sin, Mr. BEILENSON, Mr. BRYANT of Texas, Mr. COLEMAN, Mr.
DEFAZIO, Mr. FARR, Mr. FILNER, Mr. FOGLIETTA, Mr. FRANK of Mas-
sachusetts, Mr. GUTIERREZ, Mr. HINCHEY, Mr. KENNEDY of Massachu-
setts, Mr. KILDEE, Mr. LEWIS of Georgia, Mrs. MEEK of Florida, Mr.
MORAN, Mr. NADLER, Mr. OLVER, Mr. PASTOR, Mr. PORTER, Mrs.
SCHROEDER, Ms. SLAUGHTER, Mr. SMITH of New Jersey, Mr. STUDDS,
Mr. UNDERWOOD, Ms. VELA´ZQUEZ, Mr. VENTO, Mr. WAXMAN, Mr.
YATES, and Mr. EVANS) introduced the following bill; which was referred
to the Committee on Resources
A BILL
To establish the Yellowstone Headwaters National Recreation
Area within the Gallatin and Custer National Forests
in the State of Montana, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that—
(1) the superlative natural and scenic resources
of the Yellowstone area lead Congress in 1872 to es-
tablish Yellowstone National Park as the world’s
first national park;
(2) in recognition of its resource values and
international importance, Yellowstone National Park
has been designated a World Heritage Site;
(3) the Absaroka-Beartooth National Wilder-
ness Area was designated in 1978 to protect the wil-
derness and ecological values of certain lands north
and east of Yellowstone National Park;
(4) a 20.5 mile segment of the Clarks Fork of
the Yellowstone River was designated in 1990 as a
component of the National Wild and Scenic Rivers
System, the only such designation within the State
of Wyoming, in order to preserve and enhance the
natural, scenic, and recreational resources of such
segment;
(5) Henderson Mountain and certain lands of
the Beartooth Mountains contain important rec-
reational, ecological, fish and wildlife, scenic, and
historical resource values;
(6) Henderson Mountain and certain lands of
the Beartooth Mountains which are located up-
stream and adjacent to Yellowstone National Park,
the Absaroka-Beartooth National Wilderness Area,
and the Clarks Fork of the Yellowstone National
Wild and Scenic River, form the source of the head-
waters of 3 important river systems;
(7) past and ongoing mining practices have de-
graded the resource values of Henderson Mountain
and the Beartooth Mountains area; and
(8) proposed mining activities in the area
present a clear and present danger to the resource
values of the area as well as those of Yellowstone
National Park, the Absaroka-Beartooth National
Wilderness Area and the Clarks Fork National Wild
and Scenic River, and it is, therefore, in the public
interest to protect these lands from such mining ac-
tivities.
SEC. 2. ESTABLISHMENT.
(a) IN GENERAL.—In order to conserve, protect, and
restore the recreational, ecological, and wildlife resources
of the Yellowstone headwaters area and provide for the
protection of the adjacent Yellowstone National Park, Ab-
saroka-Beartooth National Wilderness Area, and Clarks
Fork National Wild and Scenic River, there is hereby es-
tablished the Yellowstone Headwaters National Recreation
Area within the Gallatin and Custer National Forests in
the State of Montana (hereinafter in this Act referred to
as the ‘‘recreation area’’).
(b) AREA INCLUDED.—The recreation area shall con-
sist of the lands, waters, and interests therein within the
area generally depicted on the map entitled ‘‘Boundary
Map, ...........’’, numbered ll, and dated ll. The map
shall be on file and available for public inspection in the
offices of the United States Forest Service, Department
of Agriculture. The Secretary of Agriculture (hereinafter
in this Act referred to as the ‘‘Secretary’’) may from time
to time make minor revisions in the boundary of the recre-
ation area to promote management effectiveness and effi-
ciency in furtherance of the purposes of this Act. The Sec-
retary shall publish notice of any such revision in the Fed-
eral Register.
SEC. 3. ADMINISTRATION.
(a) IN GENERAL.—The Secretary shall administer
the recreation area in accordance with this Act and with
the provisions of law generally applicable to units of the
national forest system. In the administration of such
recreation area, the Secretary may utilize such statutory
authority as may be available to him for the conservation
of wildlife and natural resources as he deems necessary
to carry out the purposes of this Act. Management of nat-
ural resources within the recreation area shall be per-
mitted only to the extent such management is compatible
with, and does not impair, the purposes for which the
recreation area is established.
(b) MANAGEMENT PLAN.—The Secretary shall, not
later than 3 years after the enactment of this Act, develop
a management plan for the recreation area, as an amend-
ment to the Gallatin and Custer National Forest Manage-
ment Plans, to reflect the establishment of the recreation
area and to conform to the provisions of this Act. Such
plan shall contain, but not be limited to, measures to
maintain and enhance traditional recreational use of the
area, including use for such activities as hunting, fishing,
hiking, camping, and snowmobiling. Nothing in this Act
shall require the Secretary to revise the Gallatin or Custer
National Forest Management Plan pursuant to section 6
of the Forest and Rangeland Renewable Resources Plan-
ning Act of 1974.
(c) HUNTING AND FISHING.—The Secretary shall
permit hunting and fishing on lands and waters within the
recreation area in accordance with applicable Federal and
State law. The Secretary may designate zones where, and
establish periods when, such activities will not be per-
mitted for reasons of public safety, administration, fish
and wildlife management or public use and enjoyment. Ex-
cept in emergencies any regulations issued by the Sec-
retary under this subsection shall be put into effect only
after consultation with the appropriate State agencies re-
sponsible for hunting and fishing activities.
SEC. 4. ACQUISITION OF LANDS.
The Secretary is directed to acquire lands or interests
in lands within the boundaries of the recreation area that
are necessary to carry out the purposes of this Act by do-
nation, purchase with donated or appropriated funds, or
exchange. Lands within the boundaries of the recreation
area which are owned by the State of Montana or any
political subdivision thereof may only be acquired by dona-
tion or exchange.
SEC. 5. MINERALS AND MINING.
(a) WITHDRAWALS.—After the enactment of this Act:
(1) Lands within the recreation area shall not
be open to location of mining claims under the min-
ing laws of the United States.
(2) The Secretary of the Interior shall not issue
any lease under the mineral leasing or geothermal
leasing laws of the United States for lands within
the recreation area.
(3) Lands within the recreation area shall not
be available for disposal of mineral materials under
the Act of July 31, 1947, commonly known as the
Materials Act of 1947 (30 U.S.C. 601 and follow-
ing).
(b) LIMITATION ON PATENT ISSUANCE.—Notwith-
standing any other provision of law, no patents shall be
issued after June 14, 1995, for any location or claim made
in the recreation area under the mining laws of the United
States.
(c) PROHIBITION.—No Federal lands may be used in
connection with any mining or mining-related activity
within the recreation area.
(d) RECLAMATION.—No mining or mining-related ac-
tivity involving any surface disturbance of lands or waters
within such area, including disturbance through subsid-
ence, shall be permitted except in accordance with require-
ments imposed by the Secretary, including requirements
for reasonable reclamation of disturbed lands to a visual
and hydrological condition as close as practical to their
premining condition.
(e) MINING CLAIM VALIDITY REVIEW.—The Sec-
retary of Agriculture shall undertake and complete within
3 years after the date of enactment of this Act an expe-
dited program to examine all unpatented mining claims,
including those for which a patent application has been
filed, within the recreation area. Upon determination by
the Secretary of Agriculture that the elements of a contest