H.R. 4870 — Greater Yellowstone Recreation Enhancement And Tourism Act

This section states congressional findings that certain streams in Montana possess outstandingly remarkable values—including clean water, fish and wildlife, recreational opportunities, cultural significance to Indian Tribes, economic benefits, support for agriculture, and compatibility with existing dams and hydropower—meriting protection under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). The section declares the purpose of the Act to designate segments of the Gallatin, Madison, and Yellowstone Rivers and select tributaries in Montana's Greater Yellowstone Ecosystem as components of the National Wild and Scenic Rivers System to preserve those values for future generations.

This section designates five river segments in Montana totaling approximately 98.5 miles as components of the national wild and scenic rivers system, to be administered by the Secretary of Agriculture, as follows: (1) approximately 42-mile segment of the Madison River from the Cabin Creek confluence downstream to the north boundary of T. 8 S., R. 1 W., sec. 10 (about 1 mile north of the Cherry Creek confluence), as a recreational river; (2) approximately 39.5-mile segment of the Gallatin River from the Yellowstone National Park boundary downstream to the Spanish Creek confluence, as a recreational river; (3) approximately 4.6-mile segment of Hyalite Creek from its source in the Gallatin Range downstream to Grotto Falls Trailhead, as a scenic river; (4) approximately 7.3-mile segment of Cabin Creek from its source in the Madison Range downstream to above the fish barrier, as a scenic river; and (5) approximately 5.1-mile segment of the Middle Fork Cabin Creek from its source in the Madison Range downstream to its confluence with Cabin Creek, as a scenic river. (As background, the national wild and scenic rivers system protects free-flowing rivers with outstanding natural, cultural, or recreational values in one of three classes—wild, scenic, or recreational—generally prohibiting federal dam construction and major development while allowing compatible uses.) The section further (1) prohibits the Secretary from acquiring nonfederal land or interests within the boundaries without owner consent; (2) preserves valid existing water rights, including federal, tribal, interstate compacts, Montana state rights, and U.S.-held rights; (3) confirms that the Hebgen Dam and Reservoir and Madison Dam and Reservoir (FERC Project No. 2188)—located outside the segments—are compatible with the designations, with no impact on their existing FERC permits, licensing, or operations; allows Federal Energy Regulatory Commission (FERC) licensing, relicensing, or authorization under Federal Power Act section 4(e) (rather than Wild and Scenic Rivers Act section 7(a)); permits adding hydropower generation at Hebgen Dam; and bars expansion into the segments; and (4) authorizes appropriations as necessary.