,,ii #aahth ,,congress #ast ,session ,s4 #ccdf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bg1 #bjbc,mr4 ,tester introduced the following bill2 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 ,system1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,montana ,headwaters ,legacy ,act4 #b4 ,findings2 purpose 7a7 ,findings ,congress finds that-- 7#a7 the streams designated as components of the ,wild and ,scenic ,rivers ,system by the amendment made by section #d7;a7 are cherished by the people of the ,state of ,montana and visitors from across the ,united ,states and around the world for their clean water1 abundant fish and wildlife1 spectacular natural settings1 and outstanding recreational opportunities2 7#b7 ,indian ,tribes have used the streams referred to in paragraph 7#a7 for hunting1 fishing1 gathering1 and other cultural purposes since time immemorial2 7#c7 recreational activities 7including fishing1 hunting1 camping1 paddling1 hiking1 swimming1 rock climbing1 horseback riding1 and wildlife watching7 on the streams referred to in paragraph 7#a7 and the surrounding land generate billions of dollars annually for the economy of the ,state of ,montana2 7#d7 the multi-billion dollar agricultural industry in the ,state of ,montana thrives on the availability of clean water that originates in headwaters streams on ,federal public land2 7#e7 the streams referred to in paragraph 7#a7-- 7,a7 are national treasures2 7,b7 possess outstandingly remarkable values2 and 7,c7 merit the high level of protection afforded by the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq47 in order to maintain the benefits provided by the streams described in paragraphs 7#a7 through 7#c7 for future generations to enjoy2 and 7#f7 designation of select public land segments of the streams referred to in paragraph 7#a7 under the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq47 would recognize the importance of maintaining the values of each stream while-- 7,a7 preserving public access2 7,b7 respecting private property rights2 7,c7 allowing appropriate maintenance of existing infrastructure2 and 7,d7 allowing historical uses to continue4 7b7 ,purpose ,the purpose of this ,act is to designate certain segments and tributaries of the ,missouri ,river and ,yellowstone ,river ,headwaters in the ,state of ,montana as components of the ,national ,wild and ,scenic ,rivers ,system to preserve and protect for present and future generations the outstandingly remarkable values of each stream and tributary4 #c4 ,definitions ,in this ,act3 7#a7 ,covered segment ,the term covered segment means a river segment designated by paragraphs 7#bcc7 through 7#beb7 of section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 7as added by section #d7;a774 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of the ,interior1 with respect to a covered segment under the jurisdiction of the ,secretary of the ,interior2 and 7,b7 the ,secretary of ,agriculture1 with respect to a covered segment under the jurisdiction of the ,secretary of ,agriculture4 7#d7 ,state ,the term ,state means the ,state of ,montana4 #d4 ,designation of wild and scenic river segments 7a7 ,in general ,section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 is amended by adding at the end the following3 7#bcc7 ,smith river1 montana ,the portion of the ,smith ,river consisting of the approximately #bd-mile segment from the confluence of ,tenderfoot ,creek downstream to the confluence of ,deep ,creek1 to be administered by the ,secretary of ,agriculture as a scenic river4 7#bcd7 ,tenderfoot creek1 montana ,the portion of ,tenderfoot ,creek consisting of the approximately #ba-mile segment from the confluence with ,iron ,mines ,creek downstream to the confluence with the ,smith ,river1 to be administered by the ,secretary of ,agriculture as a scenic river4 7#bce7 ,gallatin river1 montana ,the portion of the ,gallatin ,river in the ,state of ,montana consisting of the approximately #ci-mile segment from the ,yellowstone ,national ,park boundary downstream to the confluence of ,spanish ,creek1 to be administered by the ,secretary of ,agriculture as a recreational river4 7#bcf7 ,hyalite creek1 montana ,the portion of ,hyalite ,creek consisting of the approximately #f-mile segment from the source in the ,gallatin ,range downstream to ,hyalite ,reservoir1 to be administered by the ,secretary of ,agriculture as a scenic river4 7#bcg7 ,taylor creek1 montana ,the portion of ,taylor ,creek consisting of-- 7,a7 the approximately #c-mile segment from the source in the ,madison ,range downstream to the ,lee ,metcalf ,wilderness boundary1 to be administered by the ,secretary of ,agriculture as a wild river2 and 7,b7 the approximately #ae-mile segment from the ,lee ,metcalf ,wilderness boundary downstream to the ,gallatin ,river1 to be administered by the ,secretary of ,agriculture as a recreational river1 with the boundary of the corridor flowing through the private land of ,nine ,quarter ,circle ,ranch being the ordinary high water mark4 7#bch7 ,madison river1 montana ,the portions of the ,madison ,river in the ,state of ,montana1 consisting of-- 7,a7 the approximately #db-mile segment from the confluence of ,cabin ,creek downstream to the point at which the river leaves ,bureau of ,land ,management land at the north boundary of ,t4 #h ,s41 ,r4 #a ,w41 sec4 #aj1 approximately #a mile north of the confluence of ,cherry ,creek1 to be administered by the ,secretary of ,agriculture and the ,secretary of the ,interior as a recreational river2 7,b7 the approximately #g-mile segment from #hjj feet downstream of ,madison ,dam ,powerhouse downstream to the ,lee ,metcalf ,wilderness boundary1 to be administered by the ,secretary of the ,interior as a wild river2 and 7,c7 the approximately #g-mile segment from the ,lee ,metcalf ,wilderness ,boundary downstream to the ,bureau of ,land ,management boundary at the ,black's ,ford ,fishing ,access ,site1 to be administered by the ,secretary of the ,interior as a recreational river4 7#bci7 ,bear creek1 montana ,the portions of ,bear ,creek consisting of-- 7,a7 the approximately #b-mile segment from the source downstream to the ,absaroka-,beartooth ,wilderness boundary1 to be administered by the ,secretary of ,agriculture as a wild river2 and 7,b7 the approximately #g-mile segment from the ,absaroka-,beartooth ,wilderness boundary to the confluence with the ,yellowstone ,river1 to be administered by the ,secretary of ,agriculture as a recreational river4 7#bdj7 ,boulder river1 montana ,the portions of the ,boulder ,river consisting of-- 7,a7 the approximately #c-mile segment from the source in the ,absaroka-,beartooth ,wilderness downstream to the ,absaroka-,beartooth ,wilderness boundary1 to be administered by the ,secretary of ,agriculture as a wild river2 and 7,b7 the approximately #cj-mile segment from the ,absaroka-,beartooth ,wilderness boundary downstream to the ,custer ,gallatin ,national ,forest boundary downstream of ,natural ,bridge ,falls1 to be administered by the ,secretary of ,agriculture as a recreational river4 7#bda7 ,hellroaring creek1 montana ,the portion of ,hellroaring ,creek consisting of the approximately #ai-mile segment from the source in the ,absaroka-,beartooth ,wilderness downstream to the ,custer ,gallatin ,national ,forest boundary1 to be administered by the ,secretary of ,agriculture as a wild river4 7#bdb7 ,lake fork rock creek1 montana ,the portions of ,lake ,fork ,rock ,creek consisting of-- 7,a7 the approximately #aa-mile segment from the source in the ,absaroka-,beartooth ,wilderness downstream to the ,absaroka-,beartooth ,wilderness boundary1 to be administered by the ,secretary of ,agriculture as a wild river2 and 7,b7 the approximately #b-mile segment from the ,absaroka-,beartooth ,wilderness boundary to the confluence with ,rock ,creek1 to be administered by the ,secretary of ,agriculture as a recreational river4 7#bdc7 ,rock creek1 montana ,the portion of ,rock ,creek in the ,state of ,montana consisting of the approximately #ad-mile segment from the border between the ,states of ,montana and ,wyoming to the ,custer ,gallatin ,national ,forest boundary1 to be administered by the ,secretary of ,agriculture as a recreational river4 7#bdd7 ,slough creek1 montana ,the portion of ,slough ,creek consisting of the approximately #ai-mile segment from the source in the ,absaroka-,beartooth ,wilderness downstream to the ,custer ,gallatin ,national ,forest boundary1 to be administered by the ,secretary of ,agriculture as a wild river4 7#bde7 ,stillwater river1 montana ,the portions of the ,stillwater ,river consisting of-- 7,a7 the approximately #bf-mile segment from the source in the ,absaroka-,beartooth ,wilderness downstream to the ,wilderness boundary1 to be administered by the ,secretary of ,agriculture as a wild river2 and 7,b7 the approximately #c-mile segment from the ,absaroka-,beartooth ,wilderness boundary downstream to ,flume ,creek1 to be administered by the ,secretary of ,agriculture as a recreational river4 7#bdf7 ,west boulder river1 montana ,the portion of the ,west ,boulder ,river consisting of the approximately #ae-mile segment from the source in the ,absaroka-,beartooth ,wilderness downstream to the ,wilderness boundary1 to be administered by the ,secretary of ,agriculture as a wild river4 7#bdg7 ,west fork stillwater river1 montana ,the portion of the ,west ,fork ,stillwater ,river consisting of the approximately #ad-mile segment from the source in the ,absaroka-,beartooth ,wilderness downstream to the ,absaroka-,beartooth ,wilderness boundary1 to be administered by the ,secretary of ,agriculture as a wild river4 7#bdh7 ,west fork of rock creek1 montana ,the portions of ,west ,fork of ,rock ,creek consisting of-- 7,a7 the approximately #i-mile segment from the source in the ,absaroka-,beartooth ,wilderness downstream to the ,absaroka-,beartooth ,wilderness boundary1 to be administered by the ,secretary of ,agriculture as a wild river2 and 7,b7 the approximately #aa-mile segment from the ,absaroka-,beartooth ,wilderness boundary downstream to the ,custer ,gallatin ,national ,forest boundary1 to be administered by the ,secretary of ,agriculture as a recreational river4 7#bdi7 ,yellowstone river1 montana ,the portion of the ,yellowstone ,river in the ,state of ,montana1 consisting of the approximately #ai-mile segment from the ,yellowstone ,national ,park boundary in ,gardiner1 ,montana1 downstream to the confluence with ,rock ,creek at the ,cabella ,fishing ,access ,site1 to be administered by the ,secretary of ,agriculture and the ,secretary of the ,interior as a recreational river4 7#bej7 ,cabin creek1 ,montana ,the portions of ,cabin ,creek in the ,state of ,montana1 consisting of-- 7,a7 the approximately #g-mile segment from the source in the ,madison ,range downstream to the fish barrier1 to be administered by the ,secretary of ,agriculture as a wild river2 and 7,b7 the approximately #a-mile segment from the fish barrier downstream to the confluence with the ,madison ,river1 to be administered by the ,secretary of ,agriculture as a recreational river1 subject to the condition that the designation of the segment shall not preclude maintenance or management of the fish barrier by cooperating ,federal and ,state agencies4 7#bea7 ,middle fork of cabin creek1 ,montana ,the portion of the ,middle ,fork of ,cabin ,creek in the ,state of ,montana1 consisting of the approximately #e-mile segment from the source in the ,madison ,range downstream to the confluence with ,cabin ,creek1 to be administered by the ,secretary of ,agriculture as a wild river4 7#beb7 ,clarks fork of the yellowstone river1 ,montana ,the portions of the ,clarks ,fork of the ,yellowstone ,river in the ,state of ,montana1 consisting of-- 7,a7 the approximately #a-mile segment from ,broadwater ,river downstream to the ,absaroka-,beartooth ,wilderness boundary1 to be administered by the ,secretary of ,agriculture as a scenic river2 and 7,b7 the approximately #b-mile segment from ,absaroka-,beartooth ,wilderness boundary downstream to the ,montana-,wyoming ,state line1 to be administered by the ,secretary of ,agriculture as a wild river4 4 7b7 ,consent of owner of land required ,no land or interest in land located within the boundary of a covered segment may be acquired by the ,secretary concerned without the consent of the owner of the land or interest in land4 7c7 ,effect of designations on water rights ,nothing in this ,act or an amendment made by this ,act affects valid existing rights1 including-- 7#a7 ,federal1 ,tribal1 and interstate water compacts in existence on the date of enactment of this ,act 7including full development of any apportionment made in accordance with the compacts72 7#b7 water rights in the ,state2 and 7#c7 water rights held by the ,united ,states4 7d7 ,effect of designations on ,hebgen and ,madison ,developments ,the designation of a covered segment by section #d7;a7 shall not-- 7#a7 prohibit1 preempt1 or abridge the licensing by the ,federal ,energy ,regulatory ,commission as a current or future federally licensed hydroelectric generation project under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 of any hydroelectric project 7including any aspect of existing or future facilities1 operations1 and transmission lines of the hydroelectric project7 constructed on the ,madison ,river as of the date of enactment of this ,act2 7#b7 prohibit1 preempt1 or abridge the licensing or development by the ,federal ,energy ,regulatory ,commission as a federally licensed generation project under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 of any future hydroelectric generation that might be added to the ,hebgen and ,madison ,developments 7,federal ,energy ,commission project number #bahh7 7including any aspect of existing or future facilities1 operations1 and transmission lines72 or 7#c7 affect the operation of1 or impose any1 flow release requirements at the ,hebgen and ,madison ,developments described in paragraph 7#b7 that are intended to satisfy current or future-- 7,a7 ,federal ,energy ,regulatory ,commission license conditions2 or 7,b7 compliance or management plans approved by the ,federal ,energy ,regulatory ,commission4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this ,act 7including the amendments made by this ,act74