S. 1281 (110th): Craig Thomas Snake Headwaters Legacy Act of 2008

S 1281 RS

To amend the Wild and Scenic Rivers Act to designate certain rivers and streams of the headwaters of the Snake River System as additions to the National Wild and Scenic Rivers System.

May 3, 2007

Mr. THOMAS (for himself and Mr. BARRASSO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

June 16, 2008

Reported by Mr. BINGAMAN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

To amend the Wild and Scenic Rivers Act to designate certain rivers and streams of the headwaters of the Snake River System as additions to the National Wild and Scenic Rivers System.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

[Struck out->] This Act may be cited as the ‘Snake Headwaters Legacy Act of 2007’. [<-Struck out]

[Struck out->] SEC. 2. FINDINGS; PURPOSES. [<-Struck out]

[Struck out->] (a) Findings- Congress finds that-- [<-Struck out]

[Struck out->] (1) the headwaters of the Snake River System in northwest Wyoming feature some of the cleanest sources of freshwater, healthiest native trout fisheries, and most intact rivers and streams in the lower 48 States; [<-Struck out]

[Struck out->] (2) the rivers and streams of the headwaters of the Snake River System-- [<-Struck out]

[Struck out->] (A) provide unparalleled fishing, hunting, boating, and other recreational activities for-- [<-Struck out]

[Struck out->] (i) local residents; and [<-Struck out]

[Struck out->] (ii) millions of visitors from around the world; and [<-Struck out]

[Struck out->] (B) are national treasures; [<-Struck out]

[Struck out->] (3) each year, recreational activities on the rivers and streams of the headwaters of the Snake River System generate millions of dollars for the economies of-- [<-Struck out]

[Struck out->] (A) Teton County, Wyoming; [<-Struck out]

[Struck out->] (B) Lincoln County, Wyoming; and [<-Struck out]

[Struck out->] (C) Sublette County, Wyoming; [<-Struck out]

[Struck out->] (4) to ensure that future generations of citizens of the United States enjoy the benefits of the rivers and streams of the headwaters of the Snake River System, Congress should apply the protections provided by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to those rivers and streams; and [<-Struck out]

[Struck out->] (5) the designation of the rivers and streams of the headwaters of the Snake River System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to the citizens of the United States the importance of maintaining the outstanding and remarkable qualities of the Snake River System while-- [<-Struck out]

[Struck out->] (A) preserving public access to those rivers and streams; [<-Struck out]

[Struck out->] (B) respecting private property rights (including existing water rights); and [<-Struck out]

[Struck out->] (C) continuing to allow traditional uses of the rivers and streams, including-- [<-Struck out]

[Struck out->] (i) fishing; [<-Struck out]

[Struck out->] (ii) hunting; [<-Struck out]

[Struck out->] (iii) camping; [<-Struck out]

[Struck out->] (iv) the use of all-terrain vehicles; [<-Struck out]

[Struck out->] (v) boating; [<-Struck out]

[Struck out->] (vi) snowmobiling; [<-Struck out]

[Struck out->] (vii) outfitting; and [<-Struck out]

[Struck out->] (viii) livestock grazing. [<-Struck out]

[Struck out->] (b) Purposes- The purposes of this Act are-- [<-Struck out]

[Struck out->] (1) to protect for current and future generations of citizens of the United States the remarkable scenic, natural, wildlife, fishery, recreational, scientific, historic, and ecological values of the rivers and streams of the headwaters of the Snake River System; and [<-Struck out]

[Struck out->] (2) to designate 442.5 miles of the rivers and streams of the headwaters of the Snake River System as additions to the National Wild and Scenic Rivers System. [<-Struck out]

[Struck out->] SEC. 3. DEFINITIONS. [<-Struck out]

[Struck out->] In this Act: [<-Struck out]

[Struck out->] (1) SECRETARY CONCERNED- The term ‘Secretary concerned’ means-- [<-Struck out]

[Struck out->] (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) that is not located in the Grand Teton National Park; and [<-Struck out]

[Struck out->] (B) the Secretary of the Interior, with respect to each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) that is located in the Grand Teton National Park. [<-Struck out]

[Struck out->] (2) STATE- The term ‘State’ means the State of Wyoming. [<-Struck out]

[Struck out->] SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER SYSTEM. [<-Struck out]

[Struck out->] Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- [<-Struck out]

[Struck out->] (1) by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169); [<-Struck out]

[Struck out->] (2) by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167); [<-Struck out]

[Struck out->] (3) by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); and [<-Struck out]

[Struck out->] (4) by adding at the end the following: [<-Struck out]

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‘(170) WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER SYSTEM- The following segments of the Snake River System, in the State of Wyoming: [<-Struck out]

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‘(A) BAILEY CREEK- The 7-mile segment of Bailey Creek, from the divide with the Little Greys River north to its confluence with the Snake River, as a wild river. [<-Struck out]

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‘(B) BLACKROCK CREEK- The 22-mile segment from its source to the Bridger-Teton National Forest boundary, as a scenic river. [<-Struck out]

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‘(C) BUFFALO FORK OF THE SNAKE RIVER- The portions of the Buffalo Fork of the Snake River, consisting of-- [<-Struck out]

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‘(i) the 55-mile segment consisting of the North Fork, the Soda Fork, and the South Fork, upstream from Turpin Meadows, as a wild river; [<-Struck out]

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‘(ii) the 14-mile segment from Turpin Meadows to the upstream boundary of Grand Teton National Park, as a scenic river; and [<-Struck out]

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‘(iii) the 7.7-mile segment from the upstream boundary of Grand Teton National Park to its confluence with the Snake River, as a scenic river. [<-Struck out]

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‘(D) CLIFF CREEK- The portions of Cliff Creek, consisting of-- [<-Struck out]

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‘(i) the 9-mile segment from its source to Cliff Creek Falls trailhead, as a wild river; and [<-Struck out]

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‘(ii) the lower 8-mile segment to the confluence of the Hoback River, as a scenic river. [<-Struck out]

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‘(E) CRYSTAL CREEK- The portions of Crystal Creek, consisting of-- [<-Struck out]

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‘(i) the 14-mile segment from its source to the Gros Ventre Wilderness boundary, as a wild river; and [<-Struck out]

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‘(ii) the 5-mile segment from the Gros Ventre Wilderness boundary to its confluence with the Gros Ventre River, as a scenic river. [<-Struck out]

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‘(F) GRANITE CREEK- The portions of Granite Creek, consisting of-- [<-Struck out]

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‘(i) the 12-mile segment from its source to the end of Granite Creek Road, as a wild river; and [<-Struck out]

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‘(ii) the 10.5-mile segment from Granite Hot Springs to its confluence with the Hoback River, as a scenic river. [<-Struck out]

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‘(G) GROS VENTRE RIVER- The portions of the Gros Ventre River, consisting of-- [<-Struck out]

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‘(i) the 16.5-mile segment from its source to Darwin Ranch, as a wild river; [<-Struck out]

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‘(ii) the 39-mile segment from Darwin Ranch to the upstream boundary of Grand Teton National Park, excluding the section along Lower Slide Lake, as a scenic river; and [<-Struck out]

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‘(iii) the 10.8-mile segment flowing across the southern boundary of Grand Teton National Park to the Highway 89 bridge, as a scenic river. [<-Struck out]

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‘(H) HOBACK RIVER- The portions of the Hoback River, consisting of-- [<-Struck out]

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‘(i) the 7.5-mile segment from its source to the end of Forest Road 30710, as a wild river; and [<-Struck out]

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‘(ii) the 17-mile segment from the mouth of Cliff Creek to its confluence with the Snake River, as a recreational river. [<-Struck out]

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‘(I) LEWIS RIVER- The portions of the Lewis River, consisting of-- [<-Struck out]

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‘(i) the 5-mile segment from Shoshone Lake to Lewis Lake, as a wild river; and [<-Struck out]

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‘(ii) the 12-mile segment from the outlet of Lewis Lake to its confluence with the Snake River, as a scenic river. [<-Struck out]

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‘(J) PACIFIC CREEK- The portions of Pacific Creek, consisting of-- [<-Struck out]

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‘(i) the 22.5-mile segment from its source to the Teton Wilderness boundary, as a wild river; and [<-Struck out]

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‘(ii) the 11-mile segment from the Wilderness boundary to its confluence with the Snake River, as a scenic river. [<-Struck out]

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‘(K) SHOAL CREEK- The 17-mile segment from its source to its confluence with the Hoback River, as a wild river. [<-Struck out]

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‘(L) SNAKE RIVER- The portions of the Snake River, consisting of-- [<-Struck out]

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‘(i) the 47-mile segment from its source to Jackson Lake, as a wild river; [<-Struck out]

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‘(ii) the 24.8-mile segment from 1 mile downstream of Jackson Lake Dam to 1 mile downstream of the Teton Park Road bridge at Moose, Wyoming, as a scenic river; and [<-Struck out]

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‘(iii) the 20-mile segment from the mouth of the Hoback River to Palisades Reservoir, as a recreational river. [<-Struck out]

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‘(M) WILLOW CREEK- The 21-mile segment from its source to its confluence with the Hoback River, as a wild river. [<-Struck out]

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‘(N) WOLF CREEK- The 7-mile segment from its source to its confluence with the Snake River, as a wild river.’. [<-Struck out]

[Struck out->] SEC. 5. MANAGEMENT. [<-Struck out]

[Struck out->] (a) In General- Each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) shall be managed by the Secretary concerned. [<-Struck out]

[Struck out->] (b) Management Plan- Not later than 3 years after the date of enactment of this Act, the Secretary concerned shall develop a management plan for each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) that is located in an area under the jurisdiction of the Secretary concerned. [<-Struck out]

[Struck out->] (c) Federal Reserved Water Right- [<-Struck out]

[Struck out->] (1) IN GENERAL- Subject to paragraph (2), in accordance with the laws (including regulations) of the State, the Secretary concerned shall apply for the quantification of the water right reserved by each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) that is located in an area under the jurisdiction of the Secretary concerned. [<-Struck out]

[Struck out->] (2) REQUIREMENTS- Notwithstanding any law (including a regulation) of the State relating to the granting or exercising of any water right, each river segment that is the subject of an application under paragraph (1) shall-- [<-Struck out]

[Struck out->] (A) be designated for a beneficial use; and [<-Struck out]

[Struck out->] (B) have a priority date that is the date of enactment of this Act. [<-Struck out]

[Struck out->] SEC. 6. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

[Struck out->] There are authorized to be appropriated-- [<-Struck out]

[Struck out->] (1) $350,000 to develop a management plan for each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) that is located in the Bridger-Teton National Forest; and [<-Struck out]

[Struck out->] (2) $250,000 to develop a management plan for each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) that is located in Grand Teton National Park. [<-Struck out]

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Craig Thomas Snake Headwaters Legacy Act of 2008’.

SEC. 2. FINDINGS; PURPOSES.

(a) Findings- Congress finds that--

(1) the headwaters of the Snake River System in northwest Wyoming feature some of the cleanest sources of freshwater, healthiest native trout fisheries, and most intact rivers and streams in the lower 48 States;

(2) the rivers and streams of the headwaters of the Snake River System--

(A) provide unparalleled fishing, hunting, boating, and other recreational activities for--

(i) local residents; and

(ii) millions of visitors from around the world; and

(B) are national treasures;

(3) each year, recreational activities on the rivers and streams of the headwaters of the Snake River System generate millions of dollars for the economies of--

(A) Teton County, Wyoming; and

(B) Lincoln County, Wyoming;

(4) to ensure that future generations of citizens of the United States enjoy the benefits of the rivers and streams of the headwaters of the Snake River System, Congress should apply the protections provided by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to those rivers and streams; and

(5) the designation of the rivers and streams of the headwaters of the Snake River System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to the citizens of the United States the importance of maintaining the outstanding and remarkable qualities of the Snake River System while--

(A) preserving public access to those rivers and streams;

(B) respecting private property rights (including existing water rights); and

(C) continuing to allow historic uses of the rivers and streams.

(b) Purposes- The purposes of this Act are--

(1) to protect for current and future generations of citizens of the United States the outstandingly remarkable scenic, natural, wildlife, fishery, recreational, scientific, historic, and ecological values of the rivers and streams of the headwaters of the Snake River System, while continuing to deliver water and operate and maintain valuable irrigation water infrastructure; and

(2) to designate approximately 387.7 miles of the rivers and streams of the headwaters of the Snake River System as additions to the National Wild and Scenic Rivers System.

SEC. 3. DEFINITIONS.

In this Act:

(1) SECRETARY CONCERNED- The term ‘Secretary concerned’ means--

(A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) that is not located in--

(i) Grand Teton National Park;

(ii) Yellowstone National Park;

(iii) the John D. Rockefeller, Jr. Memorial Parkway; or

(iv) the National Elk Refuge; and

(B) the Secretary of the Interior, with respect to each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) that is located in--

(i) Grand Teton National Park;

(ii) Yellowstone National Park;

(iii) the John D. Rockefeller, Jr. Memorial Parkway; or

(iv) the National Elk Refuge.

(2) STATE- The term ‘State’ means the State of Wyoming.

SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER SYSTEM.

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended--

(1) by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169);

(2) by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167);

(3) by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); and

(4) by adding at the end the following:

‘(170) WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER SYSTEM- The following segments of the Snake River System, in the State of Wyoming:

‘(A) BAILEY CREEK- The 7-mile segment of Bailey Creek, from the divide with the Little Greys River north to its confluence with the Snake River, as a wild river.

‘(B) BLACKROCK CREEK- The 22-mile segment from its source to the Bridger-Teton National Forest boundary, as a scenic river.

‘(C) BUFFALO FORK OF THE SNAKE RIVER- The portions of the Buffalo Fork of the Snake River, consisting of--

‘(i) the 55-mile segment consisting of the North Fork, the Soda Fork, and the South Fork, upstream from Turpin Meadows, as a wild river;

‘(ii) the 14-mile segment from Turpin Meadows to the upstream boundary of Grand Teton National Park, as a scenic river; and

‘(iii) the 7.7-mile segment from the upstream boundary of Grand Teton National Park to its confluence with the Snake River, as a scenic river.

‘(D) CRYSTAL CREEK- The portions of Crystal Creek, consisting of--

‘(i) the 14-mile segment from its source to the Gros Ventre Wilderness boundary, as a wild river; and

‘(ii) the 5-mile segment from the Gros Ventre Wilderness boundary to its confluence with the Gros Ventre River, as a scenic river.

‘(E) GRANITE CREEK- The portions of Granite Creek, consisting of--

‘(i) the 12-mile segment from its source to the end of Granite Creek Road, as a wild river; and

‘(ii) the 9.5-mile segment from Granite Hot Springs to the point 1 mile upstream from its confluence with the Hoback River, as a scenic river.

‘(F) GROS VENTRE RIVER- The portions of the Gros Ventre River, consisting of--

‘(i) the 16.5-mile segment from its source to Darwin Ranch, as a wild river;

‘(ii) the 39-mile segment from Darwin Ranch to the upstream boundary of Grand Teton National Park, excluding the section along Lower Slide Lake, as a scenic river; and

‘(iii) the 3.3-mile segment flowing across the southern boundary of Grand Teton National Park to the Highlands Drive Loop Bridge, as a scenic river.

‘(G) HOBACK RIVER- The 10-mile segment from the point 10 miles upstream from its confluence with the Snake River to its confluence with the Snake River, as a recreational river.

‘(H) LEWIS RIVER- The portions of the Lewis River, consisting of--

‘(i) the 5-mile segment from Shoshone Lake to Lewis Lake, as a wild river; and

‘(ii) the 12-mile segment from the outlet of Lewis Lake to its confluence with the Snake River, as a scenic river.

‘(I) PACIFIC CREEK- The portions of Pacific Creek, consisting of--

‘(i) the 22.5-mile segment from its source to the Teton Wilderness boundary, as a wild river; and

‘(ii) the 11-mile segment from the Wilderness boundary to its confluence with the Snake River, as a scenic river.

‘(J) SHOAL CREEK- The 8-mile segment from its source to the point 8 miles downstream from its source, as a wild river.

‘(K) SNAKE RIVER- The portions of the Snake River, consisting of--

‘(i) the 47-mile segment from its source to Jackson Lake, as a wild river;

‘(ii) the 24.8-mile segment from 1 mile downstream of Jackson Lake Dam to 1 mile downstream of the Teton Park Road bridge at Moose, Wyoming, as a scenic river; and

‘(iii) the 19-mile segment from the mouth of the Hoback River to the point 1 mile upstream from the Highway 89 bridge at Alpine Junction, as a recreational river, the boundary of the western edge of the corridor for the portion of the segment extending from the point 3.3 miles downstream of the mouth of the Hoback River to the point 4 miles downstream of the mouth of the Hoback River being the ordinary high water mark.

‘(L) WILLOW CREEK- The 16.2-mile segment from the point 16.2 miles upstream from its confluence with the Hoback River to its confluence with the Hoback River, as a wild river.

‘(M) WOLF CREEK- The 7-mile segment from its source to its confluence with the Snake River, as a wild river.’.

SEC. 5. MANAGEMENT.

(a) In General- Each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) shall be managed by the Secretary concerned.

(b) Management Plan-

(1) IN GENERAL- In accordance with paragraph (2), not later than 3 years after the date of enactment of this Act, the Secretary concerned shall develop a management plan for each river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) that is located in an area under the jurisdiction of the Secretary concerned.

(2) REQUIRED COMPONENT- Each management plan developed by the Secretary concerned under paragraph (1) shall contain, with respect to the river segment that is the subject of the plan, a section that contains an analysis and description of the availability and compatibility of future development with the wild and scenic character of the river segment (with particular emphasis on each river segment that contains 1 or more parcels of private land).

(c) Quantification of Water Rights Reserved by River Segments-

(1) The Secretary concerned shall apply for the quantification of the water rights reserved by each river segment designated by this Act in accordance with the procedural requirements of the laws of the State of Wyoming.

(2) For the purpose of the quantification of water rights under this subsection, with respect to each Wild and Scenic River segment designated by this Act--

(A) the purposes for which the segments are designated, as set forth in this Act, are declared to be beneficial uses; and

(B) the priority date of such right shall be the date of enactment of this Act.

(d) Stream Gauges- Consistent with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry out activities at United States Geological Survey stream gauges that are located on the Snake River (including tributaries of the Snake River), including flow measurements and operation, maintenance, and replacement.

(e) Consent of Property Owner- No property or interest in property located within the boundaries of any river segment described in paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(4)) may be acquired by the Secretary without the consent of the owner of the property or interest in property.

(f) Effect of Designations-

(1) IN GENERAL- Nothing in this Act affects valid existing rights, including--

(A) all interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts);

(B) water rights in the States of Idaho and Wyoming; and

(C) water rights held by the United States.

(2) JACKSON LAKE; JACKSON LAKE DAM- Nothing in this Act shall affect the management and operation of Jackson Lake or Jackson Lake Dam.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.

Calendar No. 789

To amend the Wild and Scenic Rivers Act to designate certain rivers and streams of the headwaters of the Snake River System as additions to the National Wild and Scenic Rivers System.

June 16, 2008

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