Greater Yellowstone Recreation Enhancement And Tourism Act
- Bill Number
- H.R. 5102
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Public Lands and Natural Resources
- Status
- Introduced
- Latest Action
- 2025-09-02: Referred to the House Committee on Natural Resources.
- Last Updated
- 2025-12-05T22:01:59Z
AI-Generated Summary
Purpose of the Legislation
The Greater Yellowstone Recreation Enhancement And Tourism Act (H.R. 5102) aims to protect specific river segments in Montana's Greater Yellowstone Ecosystem by designating them as part of the National Wild and Scenic Rivers System. This designation preserves the rivers' natural, recreational, cultural, and economic values—such as clean water, wildlife habitats, and outdoor activities—for current and future generations, while allowing continued public access, private property rights, and existing uses like infrastructure maintenance.
Key Provisions
- River Designations: Amends the Wild and Scenic Rivers Act to add the following segments in Montana:
- Madison River: Approximately 42 miles from Cabin Creek confluence to the Bureau of Land Management boundary (recreational classification, administered by the Secretary of Agriculture).
- Gallatin River: Approximately 39.5 miles from Yellowstone National Park boundary to Spanish Creek confluence (recreational).
- Hyalite Creek: Approximately 4.6 miles from source to Grotto Falls Trailhead (scenic).
- Cabin Creek: Approximately 7.3 miles from source to above the fish barrier (scenic).
- Middle Fork of Cabin Creek: Approximately 5.1 miles from source to Cabin Creek confluence (scenic).
- Land Acquisition: The federal government cannot acquire private land or interests within these segments without the owner's consent.
- Water Rights Protection: The designations do not affect existing federal, tribal, state, or interstate water rights, including those under Montana law or water compacts.
- Hydropower and Infrastructure Compatibility:
- The Hebgen Dam and Reservoir, and Madison Dam and Reservoir (outside the designated segments) remain fully operational and compatible with the designations.
- No changes to existing permits, licenses, or operations for these dams (under Federal Energy Regulatory Commission Project No. 2188).
- Allows future relicensing, expansions, or adding hydropower at Hebgen Dam, governed by the Federal Power Act rather than stricter Wild and Scenic Rivers rules.
- Prohibits expanding these dams into the designated segments.
- Funding: Authorizes necessary appropriations to implement the Act.
- Allowed Activities: Maintains public access, private property rights, emergency responses, infrastructure repairs (e.g., roads and bridges), and historical uses like recreation and agriculture.
Significant Changes to Existing Law
- Adds new paragraphs (233) through (237) to Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), formally designating these Montana river segments as protected components of the national system for the first time.
- Exempts the Hebgen and Madison dams from certain Wild and Scenic Rivers restrictions (e.g., Section 7(a)), deferring to Federal Power Act rules for licensing and operations, which provides more flexibility for hydropower than standard protections.
- Explicitly requires owner consent for land acquisition, reinforcing limits on federal eminent domain in these areas.
Potential Impacts
- Government Agencies: The U.S. Department of Agriculture (likely through the Forest Service) gains administrative responsibility for protecting and managing the segments, potentially increasing oversight duties but with built-in flexibility for existing infrastructure. The Federal Energy Regulatory Commission retains authority over dam operations without disruption.
- Citizens and Local Economy: Enhances long-term protection of rivers valued for fishing, hunting, hiking, and other recreation, supporting Montana's tourism and agriculture sectors (which rely on clean headwater streams). Maintains economic benefits from activities generating billions annually, while ensuring no involuntary land takings or water right losses.
- International Relations: No direct impacts, though the designations could indirectly promote U.S. conservation efforts appealing to global visitors who use these areas for tourism.
Main Stakeholders Affected
- Local Residents and Visitors: Montanans and tourists benefiting from preserved recreational opportunities (e.g., fishing, paddling, wildlife viewing).
- Indian Tribes: Recognized for historical and cultural uses of the rivers, with protections for traditional activities like hunting and gathering.
- Private Landowners: Protected by consent requirements for acquisitions, preserving property rights.
- Agricultural and Economic Interests: Farmers and businesses relying on clean water and recreation-driven revenue.
- Hydropower Operators and Utilities: Entities managing Hebgen and Madison dams, unaffected in operations but with clarified paths for maintenance and expansion.
- Federal Land Managers: U.S. Forest Service and Bureau of Land Management, tasked with balanced stewardship.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens environmental protections under the Wild and Scenic Rivers Act without overriding water rights or hydropower licenses, potentially setting a model for balancing conservation with energy needs in western states. The owner-consent rule aligns with property protection principles, reducing litigation risks from takings claims.
- Constitutional: Respects Fifth Amendment property rights by prohibiting non-consensual acquisitions and preserving existing uses, avoiding challenges related to federal overreach.
- Political: Addresses regional concerns in Montana (e.g., by Rep. Zinke) about economic vitality and infrastructure, promoting bipartisan appeal for tourism and conservation while safeguarding dams critical for clean energy (12 MW hydropower). Could influence future river designations by emphasizing compatibility with local economies.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-09-02: Referred to the House Committee on Natural Resources.
- 2025-09-02: Introduced in House
- 2025-09-02: Introduced in House
Bill Versions
- Greater Yellowstone Recreation Enhancement And Tourism Act — issued 2025-09-02 — PDF (8 pages)