Bill to protect Montana streams moves to Senate floor
Laura Lundquist
(Missoula Current) A Congressional bill that would give protections to some of Montana’s headwater streams passed out of committee for the first time since it was introduced in 2020. But with only about a month remaining, chances of it surviving this Congressional session aren’t good.
On Tuesday, the Senate Energy and Natural Resources committee passed the Montana Headwaters Legacy Act on a 10-9 party line vote as part of a larger package of legislation. The bill, S. 3346 sponsored by Sen. Jon Tester, would would add 19 Montana rivers and almost 330 river miles in the headwaters of the Missouri and Yellowstone river systems to the National Wild and Scenic Rivers System.That would double the number of miles of Wild and Scenic Rivers in Montana and would preserve such iconic streams as the Smith River.
Wild and Scenic designations preserve rivers and streams in a free-flowing condition and protect water quality, the streams themselves and their banks within a quarter-mile of the highwater mark. Currently, only sections of the Missouri and Flathead rivers, and more recently, Rosebud Creek in southeastern Montana are designated Wild and Scenic.
Sen. Steve Daines, who sits on the Senate Energy and Natural Resources committee, voted against the Headwaters Legacy Act, telling the committee that the bill would affect too many streams which could have possible consequences. Daines supported the designation of Rosebud Creek but said that had more support.
“In the past, we’ve seen these designations hinder or delay road work, aquatic restoration projects, grazing or fuel management projects, which is why legislation like this should be carefully considered,” Daines said. “I have received a lot of input opposing this proposal, including a petition from concerned landowners, and letters from county commissioners, irrigators and other stakeholders.”
In response to Daines saying more local support was needed, backers of the Headwaters Legacy Act point to all the people who have signed on in support, including 3,500 citizens and community leaders; more than 2,000 businesses; the Chambers of Commerce in Big Sky, Gardiner, and Red Lodge; Madison Valley Ranchlands Group; the Montana Fish, Wildlife and Parks Commission; and the Sibanye Stillwater Mining Company, among others.
Sen. Joe Manchin, committee chairman, pointed out that the affected streams were primarily on U.S. Forest Service and Bureau of Land Management lands, so designation didn’t really affect private landowners.
“In an effort to avoid any potential conflict with the hydroelectric dam on the Madison River, the committee has adopted an amendment that removes that river from the bill, which is the greatest concern people had,” Manchin said.
The Headwater Legacy Act was one of five bills for which one or more committee members requested a roll call vote. The rest of 71 amended bills were passed on a simple voice vote.
After passing out of committee, the bill package now moves to the Senate floor, but it’s unknown when it might be brought to a vote. Then the bills have to make it through the House. The Congress plans to adjourn on Dec. 20, and any bills not passed by then will die. But Scott Bosse, American Rivers Northern Rockies Regional director, isn’t ready to throw in the towel yet.
“There’s talk about a public lands package moving forward before the end of the year. You never know what the chances are of it actually happening,” Bosse said. “But for us to get through that committee markup and get a positive vote was a huge milestone, and it sets us up for the bill passing by the end of the year. I don’t know if it’s going to happen or not, but if we lost the vote yesterday, it definitely wouldn’t.”
Even so, river advocates have already been talking to Daines and Rep. Ryan Zinke about a future effort, and they said they might support a bill with fewer streams in the next Congress, Bosse said.
“Obviously, we want the existing bill to pass but we’re prepared to continue working with the delegation in the next session if that’s what we have to do,” Bosse said. “Senator Tester is the one that got us to this place and we’re incredibly grateful to him. But we’re not just going to give up.”
Montanans for Healthy Rivers has been working on this effort for 15 years already, and in the beginning, it was much more ambitious. The proposed Montana Headwaters Security Act would have protected 40 streams, extending into western Montana to include streams like Rock Creek. The Congressional delegation said that definitely wouldn’t fly, so the proposal was cut back to include just the upper Missouri and Yellowstone streams. But Bosse said there’s still a plan to eventually develop a similar bill for western Montana streams.
In the meantime, American Rivers and other river advocates have participated in the development of all the National Forest Management Plan revisions in Montana, Idaho and Wyoming to help the Forest Service identify streams that qualify as wild and scenic.
As the revisions of the Flathead, Kootenai and Lewis and Clark forest plans have been finalized, they’ve almost doubled the number of stream miles identified as wild and scenic, Bosse said. It also published a report in 2022 identifying eligible streams in anticipation of the Lolo and Bitterroot Forest plan revisions.
“Those are 20-year protections. For the life of the new forest plan, those rivers are managed as if they were designated,” Bosse said. “We’ve been super successful in that arena regardless of who’s in the White House and who’s in control of Congress.”
Contact reporter Laura Lundquist at lundquist@missoulacurrent.com.