113 S353 RS: Oregon Treasures Act of 2013
U.S. Senate
2013-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Oregon Treasures Act of 2013
.2.Cathedral Rock
and Horse Heaven Wilderness(a)In this section:(1)The term land exchange map means the map
entitled Antone Ranch Exchanges
and dated July 26, 2010.(2)The term proposed wilderness map
means the map entitled Cathedral Rock and Horse Heaven
Wilderness
and dated November 8, 2010.(3)The
term Secretary means the Secretary of the Interior.(4)The
term State means the State of Oregon.(b)(1)(A)(i)Subject to paragraphs (2) through (5), if the owner of
the non-Federal land described in clause (ii)(I) offers to convey to the United
States all right, title, and interest of the owner in and to the non-Federal
land, the Secretary shall—(I)accept the offer;
and(II)convey to the
owner of the non-Federal land all right, title, and interest of the United
States in and to the Federal land described in clause (ii)(II).(ii)(I)The non-Federal land referred to in clause (i) is the
approximately 1,135 acres of non-Federal land generally depicted on the
proposed wilderness map as Land transfer from Smith to
BLM
.(II)The Federal land referred to in clause (i)(II) is the
approximately 1,195 acres of Federal land generally depicted on the proposed
wilderness map as Land transfer from BLM to Smith
.(B)(i)Subject to paragraphs (2) through (5), if the owner of
the non-Federal land described in clause (ii)(I) offers to convey to the United
States all right, title, and interest of the owner in and to the non-Federal
land, the Secretary shall—(I)accept the offer;
and(II)convey to the
owner of the non-Federal land all right, title, and interest of the United
States in and to the Federal land described in clause (ii)(II).(ii)(I)The non-Federal land referred to in clause (i) is the
approximately 415 acres of non-Federal land generally depicted on the proposed
wilderness map as Land transfer from Shrum to BLM
.(II)The Federal land referred to in clause (i)(II) is the
approximately 555 acres of Federal land generally depicted on the proposed
wilderness map as Land transfer from BLM to Shrum
.(C)(i)Subject to paragraphs (2) through (5), if the owner of
the non-Federal land described in clause (ii)(I) offers to convey to the United
States all right, title, and interest of the owner in and to the non-Federal
land, the Secretary and the Secretary of Agriculture shall—(I)accept the offer;
and(II)convey to the
owner of the non-Federal land all right, title, and interest of the United
States in and to the Federal land described in clause (ii)(II).(ii)(I)The non-Federal land referred to in clause (i) is the
approximately 10,290 acres of non-Federal land generally depicted on the
proposed wilderness map as Land transfer from Young Life to
BLM
.(II)The Federal land referred to in clause (i)(II) is—- (aa)the approximately
11,365 acres of Federal land generally depicted on the proposed wilderness map
as
Land transfer from BLM to Young Life
; - (bb)the approximately
645 acres of Federal land generally depicted on the land exchange map as
Land transfer from BLM to Young Life
; and - (cc)the approximately
690 acres of Federal land generally depicted on the land exchange map as
Land transfer from USFS to Young Life
. (2)Each land exchange under paragraph (1) shall be carried out
in accordance with section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716), including the requirement that the Secretary determine
that the public interest will be well served by making the exchange.(3)Each
land exchange under paragraph (1) shall be subject to—(A)valid existing
rights;(B)the condition that
the owner make the offer to convey all or part of the non-Federal land during
the 3-year period beginning on the date of enactment of this Act;(C)the condition that
the owner of the non-Federal land pay not less than 50 percent of all costs
relating to the land exchange, including the costs of appraisals, surveys, and
any necessary environmental clearances;(D)the condition that
title to the non-Federal land be acceptable to the Secretary and in conformance
with the title approval standards applicable to Federal land acquisitions;
and(E)such terms and
conditions as the Secretary or the Secretary of Agriculture, as appropriate,
may require.(4)Valuation,
appraisals, and equalization(A)The value of the Federal land and the non-Federal land to
be conveyed in each land exchange under this subsection—(i)shall be equal, as
determined by appraisals conducted in accordance with subparagraph (B);
or(ii)if not equal,
shall be equalized in accordance with subparagraph (C).(B)(i)The Federal land and the non-Federal land to be exchanged
under this subsection shall be appraised by an independent, qualified appraiser
that is agreed to by the Secretary or the Secretary of Agriculture, as
appropriate.(ii)An
appraisal under clause (i) shall be conducted in accordance with—(I)the Uniform
Appraisal Standards for Federal Land Acquisitions; and(II)the Uniform
Standards of Professional Appraisal Practice.(C)(i)If the value of the Federal land and the non-Federal land
to be conveyed in a land exchange under this subsection is not equal, the value
may be equalized by—(I)making a cash
equalization payment to the Secretary or to the owner of the non-Federal land,
as appropriate, in accordance with section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b)); or(II)reducing the
acreage of the Federal land or the non-Federal land to be exchanged, as
appropriate.(ii)Cash
equalization paymentsAny cash equalization payments received by
the Secretary under clause (i)(I) shall be—(I)deposited in the
Federal Land Disposal Account established by section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and(II)used in
accordance with that Act.(5)The
exact acreage and legal description of the Federal land and non-Federal land to
be exchanged under paragraph (1) shall be determined by surveys approved by the
Secretary.(6)Completion of
land exchangeIt is the intent of Congress that the land
exchanges under this subsection be completed not later than 5 years after the
date of enactment of this Act.(7)Transfer of
administrative jurisdiction(A)Administrative jurisdiction over the approximately 750
acres of Federal land managed by the Bureau of Land Management generally
depicted on the land exchange map as Land transfer from BLM to
USFS
is transferred from the Bureau of Land Management to the Forest
Service.(B)The
Secretary of Agriculture shall administer the transferred land in accordance
with—(i)the Act of March
1, 1911 (commonly known as the Weeks Act
) (16 U.S.C. 480 et
seq.); and(ii)the laws
(including regulations) applicable to the National Forest System.(C)Any
costs relating to the transfer under subparagraph (A), including any costs for
surveys and other administrative costs, shall be paid by the Secretary of
Agriculture.(c)Potential
wilderness areas(1)Designation of
potential wilderness(A)Subject to paragraph (4), in furtherance of the purposes
of the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas of Federal
land managed by the Bureau of Land Management in the State are designated as
potential wilderness areas:(i)Certain land comprising approximately 4,560 acres generally
depicted on the proposed wilderness map as Proposed Cathedral Rock
Wilderness
.(ii)Certain land comprising approximately 2,815 acres
generally depicted on the proposed wilderness map as Proposed Horse
Heaven Wilderness
.(B)Subject to paragraph (4), each potential wilderness
area designated under paragraph (1) shall be managed in a manner that maintains
or improves the wilderness character of the potential wilderness area and
suitability of the potential wilderness area for designation in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.) until the date on which the
potential wilderness area is designated as wilderness under paragraph
(2).(2)Designation of
wilderness(A)Cathedral rock
wildernessSubject to paragraph (4), the Federal land within the
boundaries of the area generally depicted on the proposed wilderness map as
Proposed Cathedral Rock Wilderness
shall be designated as
wilderness and as a component of the National Wilderness Preservation System,
to be known as the Cathedral Rock Wilderness
, on the earlier
of—(i)the date on which
the Secretary publishes in the Federal Register notice that sufficient
inholdings within the boundaries of the Proposed Cathedral Rock Wilderness have
been acquired to establish a manageable wilderness unit; or(ii)the date on which
the Secretary acquires secs. 2, 11, and 23 in T. 9 S, R. 19 E.(B)Subject to paragraph (4), the Federal land within the
boundaries of the area generally depicted on the proposed wilderness map as
Proposed Horse Heaven Wilderness
shall be designated as
wilderness and as a component of the National Wilderness Preservation System,
to be known as the Horse Heaven Wilderness
, on the earlier
of—(i)the date on which
the Secretary publishes in the Federal Register notice that sufficient
inholdings within the boundaries of the Proposed Horse Heaven Wilderness have
been acquired to establish a manageable wilderness unit; or(ii)the date on which
the Secretary acquires those portions of secs. 11, 12, 13, 23, and 24 in T. 10
S, R. 18 E. that are generally depicted as within the boundaries of the
Proposed Horse Heaven Wilderness
on the proposed wilderness
map.(C)(i)As soon as practicable after the date on which a
wilderness area is designated under subparagraph (A) or (B), the Secretary
shall prepare a map and legal description of the wilderness area.(ii)The maps and legal descriptions prepared under clause (i)
shall have the same force and effect as if included in this section, except
that the Secretary may correct minor errors in the maps and legal
descriptions.(iii)The
maps and legal descriptions prepared under clause (i) shall be on file and
available for public inspection in the appropriate offices of the Bureau of
Land Management.(D)Administration
of wilderness(i)Subject to valid existing rights, each area designated as
wilderness under subparagraph (A) or (B) shall be administered by the Secretary
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that—(I)any reference in
the Wilderness Act to the effective date of that Act shall be considered to be
a reference to the date of enactment of this Act; and(II)any reference in
the Wilderness Act to the Secretary of Agriculture shall be considered to be a
reference to the Secretary of the Interior.(ii)The
grazing of livestock in a wilderness area designated under subparagraph (A) or
(B), if established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are considered
necessary by the Secretary, in accordance with—(I)section 4(d)(4) of
the Wilderness Act (16 U.S.C. 1133(d)(4)); and(II)the guidelines
set forth in Appendix A of the report of the Committee on Interior and Insular
Affairs of the House of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101–405).(iii)Nothing in this subsection alters, modifies, enlarges,
diminishes, or abrogates the treaty rights of any Indian tribe, including the
off-reservation reserved rights secured by the Treaty with the Tribes and Bands
of Middle Oregon of June 25, 1855 (12 Stat. 963).(3)Incorporation of
acquired land and interestsSubject to paragraph (4), any land or
interest in land that is acquired by the United States within the boundaries
generally depicted on the proposed wilderness map as Proposed Cathedral
Rock Wilderness
and Proposed Horse Heaven Wilderness
shall—(A)become part of the
potential wilderness area or wilderness area, as applicable; and(B)be managed in
accordance with—(i)this subsection;
and(ii)any other
applicable laws.(4)(A)If the Cathedral Rock Wilderness is not designated as
wilderness in accordance with paragraph (2)(A) by the date that is 10 years
after the date of enactment of this Act, paragraphs (1) through (3) shall cease
to be effective with respect to the Federal land described in paragraph
(1)(A)(i).(B)If the Horse Heaven Wilderness is not designated as
wilderness in accordance with paragraph (2)(A) by the date that is 10 years
after the date of enactment of this Act, paragraphs (1) through (3) shall cease
to be effective with regard to the Federal land described in paragraph
(1)(A)(ii).(5)Subject
to valid existing rights, within the boundaries generally depicted on the
proposed wilderness map as Proposed Cathedral Rock Wilderness
and Proposed Horse Heaven Wilderness
, the Federal land and any
land or interest in land that is acquired by the United States is withdrawn
from all forms of—(A)entry,
appropriation, and disposal under the public land laws;(B)location, entry,
and patent under the mining laws; and(C)operation of the
mineral leasing, mineral materials, and geothermal leasing laws.3.Wild Rogue
Wilderness Area(a)In this section:(1)The
term Commission
means the Federal Energy Regulatory
Commission.(2)The
term map means the map entitled Wild Rogue Wilderness
Additions
and dated December 8, 2011.(3)The
term Secretary means the Secretary of the Interior.(4)The
term State means the State of Oregon.(5)The term Wilderness additions means the
land added to the Wild Rogue Wilderness by subsection (b)(1).(b)Expansion of
wild rogue wilderness area(1)In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 60,000 acres of Bureau of Land
Management land, as generally depicted on the map, is included in the Wild
Rogue Wilderness, a component of the National Wilderness Preservation
System.(2)(A)As soon as practicable after the date of enactment of
this Act, the Secretary shall file a map and legal description of the
wilderness area designated by paragraph (1), with—(i)the Committee on
Energy and Natural Resources of the Senate; and(ii)the Committee on
Natural Resources of the House of Representatives.(B)The map and legal description filed under subparagraph (A)
shall have the same force and effect as if included in this section, except
that the Secretary may correct typographical errors in the map and legal
description.(C)The map and legal description filed under
subparagraph (A) shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.(3)Subject to valid existing rights, the
Wilderness additions shall be administered by the Secretary in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), except that—(A)any reference in
that Act to the effective date shall be considered to be a reference to the
date of enactment of this Act; and(B)any reference in
that Act to the Secretary of Agriculture shall be considered to be a reference
to the Secretary.(4)Nothing in this subsection affects the jurisdiction or
responsibilities of the State with respect to fish and wildlife in the
State.(5)(A)Nothing in this subsection creates any protective
perimeter or buffer zone around the Wilderness additions.(B)Activities
outside wildernessThe fact that a nonwilderness activity or use
on land outside the Wilderness additions can be seen or heard within the
Wilderness additions shall not preclude the activity or use outside the
boundary of the Wilderness additions.(6)Protection of
Tribal RightsNothing in this subsection diminishes any treaty
rights of an Indian tribe.(7)Subject
to valid existing rights, the Wilderness additions are withdrawn from all forms
of—(A)entry,
appropriation, or disposal under the public land laws;(B)location, entry,
and patent under the mining laws; and(C)disposition under
all laws pertaining to mineral and geothermal leasing or mineral
materials.(c)Wild and scenic
river designations, Rogue River area(1)Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) and inserting the
following:(5)(A)The segment of the river extending from the mouth of the
Applegate River downstream to the Lobster Creek Bridge, to be administered by
the Secretary of the Interior or the Secretary of Agriculture, as agreed to by
the Secretaries of the Interior and Agriculture or as directed by the
President.(B)In
addition to the segment described in subparagraph (A), there are designated the
following segments in the Rogue River:(i)The approximately 4.8-mile segment of Kelsey Creek from the
east section line of T. 32 S., R. 9 W., sec. 34, Willamette Meridian, to the
confluence with the Rogue River, as a wild river.(ii)The approximately 4.6-mile segment of East Fork
Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec.
5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild
river.(iii)(I)The approximately 0.6-mile segment of Whisky Creek from the
confluence of the East Fork and West Fork to 0.1 miles downstream from road
33-8-23, as a recreational river.(II)The approximately 1.9-mile segment of Whisky Creek from 0.1
miles downstream from road 33-8-23 to the confluence with the Rogue River, as a
wild river.(iv)(I)The approximately 2.6-mile segment of East Fork Whisky
Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11,
Willamette Meridian., to 0.1 miles downstream of road 33-8-26 crossing, as a
wild river.(II)The approximately 0.3-mile segment of East Fork Whisky
Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky
Creek, as a recreational river.(v)The approximately 4.8-mile segment of West Fork Whisky
Creek from its headwaters to the confluence with Whisky Creek, as a wild
river.(vi)(I)The approximately 1.5-mile segment of Big Windy Creek from
its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic
river.(II)The approximately 5.8-mile segment of Big Windy Creek from
0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue
River, as a wild river.(vii)East fork big
windy creek(I)The approximately 0.2-mile segment of East Fork Big Windy
Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a
scenic river.(II)The approximately 3.7-mile segment of East Fork Big Windy
Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big
Windy Creek, as a wild river.(viii)The approximately 1.9-mile segment of Little Windy Creek
from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue
River, as a wild river.(ix)(I)The approximately 0.3-mile segment of Howard Creek from its
headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river.(II)The approximately 6.9-mile segment of Howard Creek from 0.1
miles downstream of road 34-9-34 to the confluence with the Rogue River, as a
wild river.(x)The approximately 6.3-mile segment of Mule Creek from the
east section line of T. 32 S., R. 10 W., sec. 25, Willamette Meridian, to the
confluence with the Rogue River, as a wild river.(xi)The approximately 3.5-mile segment of Anna Creek from its
headwaters to the confluence with Howard Creek, as a wild river.(xii)The approximately 1.6-mile segment of Missouri Creek from
the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xiii)The approximately 1.8-mile segment of Jenny Creek from the
Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.28, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xiv)The approximately 2.2-mile segment of Rum Creek from the
Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xv)The approximately 1.3-mile segment of East Rum Creek from
the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette
Meridian, to the confluence with Rum Creek, as a wild river.(xvi)The approximately 1.7-mile segment of Wildcat Creek from
its headwaters downstream to the confluence with the Rogue River, as a wild
river.(xvii)The approximately 1.8-mile segment of Montgomery Creek from
its headwaters downstream to the confluence with the Rogue River, as a wild
river.(xviii)The approximately 1.2-mile segment of Hewitt Creek from the
Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xix)The approximately 6.6-mile segment of Bunker Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xx)(I)The approximately 0.8-mile segment of Dulog Creek from its
headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river.(II)The approximately 1.0-mile segment of Dulog Creek from 0.1
miles downstream of road 34-8-36 to the confluence with the Rogue River, as a
wild river.(xxi)The approximately 1.7-mile segment of Quail Creek from the
Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xxii)The approximately 4.1-mile segment of Meadow Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxiii)The approximately 2.5-mile segment of Russian Creek from
the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xxiv)The approximately 1.2-mile segment of Alder Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxv)The approximately 1.5-mile segment of Booze Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxvi)The approximately 1.8-mile segment of Bronco Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxvii)The approximately 1.5-mile segment of Copsey Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxviii)The approximately 0.5-mile segment of Corral Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxix)The approximately 0.9-mile segment of Cowley Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxx)The approximately 1.8-mile segment of Ditch Creek from the
Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette
Meridian, to its confluence with the Rogue River, as a wild river.(xxxi)The approximately 0.9-mile segment of Francis Creek from
its headwaters to the confluence with the Rogue River, as a wild river.(xxxii)The approximately 1.1-mile segment of Long Gulch from the
Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xxxiii)The approximately 1.7-mile segment of Bailey Creek from the
west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the
confluence of the Rogue River, as a wild river.(xxxiv)The approximately 0.7-mile segment of Shady Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxxv)(I)The approximately 0.5-mile segment of Slide Creek from its
headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river.(II)The approximately 0.7-mile section of Slide Creek from 0.1
miles downstream of road 33-9-6 to the confluence with the Rogue River, as a
wild
river..(2)Each
river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) shall be
managed as part of the Rogue Wild and Scenic River.(3)Subject to valid existing rights, the
Federal land within the boundaries of the river segments designated under
subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)(5)) (as added by paragraph (1)) is withdrawn from all forms
of—(A)entry,
appropriation, or disposal under the public land laws;(B)location, entry,
and patent under the mining laws; and(C)disposition under
all laws pertaining to mineral and geothermal leasing or mineral
materials.(d)Additional
protections for Rogue River tributaries(1)The Commission shall not license the construction of
any dam, water conduit, reservoir, powerhouse, transmission line, or other
project works on or directly affecting any stream described in paragraph
(4).(2)(A)No department or agency of the United States shall assist
by loan, grant, license, or otherwise in the construction of any water
resources project on or directly affecting any stream segment that is described
in paragraph (4), except to maintain or repair water resources projects in
existence on the date of enactment of this Act.(B)Nothing
in this paragraph prohibits any department or agency of the United States in
assisting by loan, grant, license, or otherwise, a water resources
project—(i)the primary
purpose of which is ecological or aquatic restoration; and(ii)that provides a
net benefit to water quality and aquatic resources.(3)Subject
to valid existing rights, the Federal land located within a
1/4 mile on either side of the stream segments described
in paragraph (4), is withdrawn from all forms of—(A)entry,
appropriation, or disposal under the public land laws;(B)location, entry,
and patent under the mining laws; and(C)disposition under
all laws pertaining to mineral and geothermal leasing or mineral
materials.(4)Description of
Stream segmentsThe following are the stream segments referred to
in paragraph (1):(A)The approximately 4.5-mile segment of Kelsey Creek from its
headwaters to the east section line of T. 32 S., R. 9 W., sec. 34.(B)The approximately 0.2-mile segment of East Fork Kelsey
Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R.
8 W., sec. 5.(C)The approximately 0.9-mile segment of East Fork Whisky
Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R.
8 W., sec. 11.(D)The approximately 1.2-mile segment of Little Windy Creek
from its headwaters to the west section line of T. 33 S., R. 9 W., sec.
34.(E)The approximately 5.1-mile segment of Mule Creek from its
headwaters to the east section line of T. 32 S., R. 10 W., sec. 25.(F)The approximately 3.1-mile segment of Missouri Creek from
its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W.,
sec. 24.(G)The approximately 3.1-mile segment of Jenny Creek from its
headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.
28.(H)The approximately 2.2-mile segment of Rum Creek from its
headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec.
9.(I)The approximately 0.8-mile segment of East Fork Rum Creek
from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W.,
sec. 10.(J)The approximately 1.4-mile segment of Hewitt Creek from its
headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.
19.(K)The approximately 0.8-mile segment of Quail Creek from its
headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec.
1.(L)The approximately 0.1-mile segment of Russian Creek from
its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec.
20.(M)The approximately 0.7-mile segment of Ditch Creek from its
headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.
5.(N)The approximately 1.4-mile segment of Long Gulch from its
headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec.
23.(O)The approximately 1.4-mile segment of Bailey Creek from its
headwaters to the west section line of T. 34 S., R. 8 W., sec. 14.(P)The approximately 3.3-mile segment of Quartz Creek from its
headwaters to its confluence with the North Fork Galice Creek.(Q)The approximately 5.7-mile segment of the North Fork
Galice Creek from its headwaters to its confluence with Galice Creek.(R)The approximately 10.2-mile segment of Grave Creek from the
confluence of Wolf Creek downstream to the confluence with the Rogue
River.(S)The approximately 2.2-mile segment of Centennial Gulch from
its headwaters to its confluence with the Rogue River.(T)The approximately 2.2-mile segment of Galice Creek from the
confluence with the South Fork Galice Creek downstream to the Rogue
River.4.Designation of
wild and scenic river segments, Molalla River, Oregon(a)Section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end
the following:(208)(A)The following segments in the State of Oregon, to be
administered by the Secretary of the Interior as a recreational river:(i)The approximately 15.1-mile segment from the southern
boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the
Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7.(ii)Table Rock Fork
Molalla RiverThe approximately 6.2-mile segment from the
easternmost Bureau of Land Management boundary line in the
NE1/4 sec. 4, T. 7 S., R. 4 E., downstream to the
confluence with the Molalla River.(B)Subject
to valid existing rights, the Federal land within the boundaries of the river
segments designated by subparagraph (A) is withdrawn from all forms of—(i)entry,
appropriation, or disposal under the public land laws;(ii)location, entry,
and patent under the mining laws; and(iii)disposition
under all laws relating to mineral and geothermal leasing or mineral
materials..(b)Section 3(a)(102)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended—(1)in the heading, by striking
Squaw
Creek
and inserting Whychus Creek
;(2)in the matter
preceding subparagraph (A), by striking McAllister Ditch, including the
Soap Fork Squaw Creek, the North Fork, the South Fork, the East and West Forks
of Park Creek, and Park Creek Fork
and inserting Plainview
Ditch, including the Soap Creek, the North and South Forks of Whychus Creek,
the East and West Forks of Park Creek, and Park Creek
; and(3)in subparagraph
(B), by striking McAllister Ditch
and inserting Plainview
Ditch
.5.Technical Corrections to the Wild and
Scenic Rivers ActSection
3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is
amended—(1)by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively, and indenting
appropriately;(2)in the matter preceding clause (i) (as so
redesignated), by striking The 44.5-mile
and inserting the
following:(A)The
44.5-mile;
(3)in clause (i) (as so redesignated)—(A)by striking 25.5-mile
and
inserting 27.5-mile
; and(B)by striking Boulder Creek at the
Kalmiopsis Wilderness boundary
and inserting Mislatnah
Creek
;(4)in clause (ii) (as so redesignated)—(A)by striking 8
and inserting
7.5
; and(B)by striking Boulder Creek to Steel
Bridge
and inserting Mislatnah Creek to Eagle
Creek
;(5)in clause (iii) (as so
redesignated)—(A)by striking 11
and inserting
9.5
; and(B)by striking Steel Bridge
and
inserting Eagle Creek
; and(6)by adding at the end the following:(B)Subject to valid rights, the Federal land
within the boundaries of the river segments designated by subparagraph (A), is
withdrawn from all forms of—(i)entry, appropriation, or disposal under the
public land laws;(ii)location, entry, and patent under the
mining laws; and(iii)disposition under all laws pertaining to
mineral and geothermal leasing or mineral
materials..1.This Act may be cited as the
Oregon Treasures Act of 2013
.2.Cathedral Rock and Horse
Heaven Wilderness(a)In this section:(1)The term land exchange map means the map
entitled Antone Ranch Exchanges
and dated July 26, 2010.(2)The term proposed wilderness map means the map
entitled Cathedral Rock and Horse Heaven Wilderness
and dated
November 8, 2010.(3)The
term Secretary means the Secretary of the Interior.(4)The
term State means the State of Oregon.(b)(1)(A)(i)Subject to paragraphs (2) through (5), if the owner of
the non-Federal land described in clause (ii)(I) offers to convey to the United
States all right, title, and interest of the owner in and to the non-Federal
land, the Secretary shall—(I)accept the offer;
and(II)convey to the owner of
the non-Federal land all right, title, and interest of the United States in and
to the Federal land described in clause (ii)(II).(ii)(I)The non-Federal land referred to in clause (i) is the
approximately 1,135 acres of non-Federal land generally depicted on the
proposed wilderness map as Land transfer from Smith to
BLM
.(II)The Federal land referred to in clause (i)(II) is the
approximately 1,195 acres of Federal land generally depicted on the proposed
wilderness map as Land transfer from BLM to Smith
.(B)(i)Subject to paragraphs (2) through (5), if the owner of
the non-Federal land described in clause (ii)(I) offers to convey to the United
States all right, title, and interest of the owner in and to the non-Federal
land, the Secretary shall—(I)accept the offer;
and(II)convey to the owner of
the non-Federal land all right, title, and interest of the United States in and
to the Federal land described in clause (ii)(II).(ii)(I)The non-Federal land referred to in clause (i) is the
approximately 415 acres of non-Federal land generally depicted on the proposed
wilderness map as Land transfer from Shrum to BLM
.(II)The Federal land referred to in clause (i)(II) is the
approximately 555 acres of Federal land generally depicted on the proposed
wilderness map as Land transfer from BLM to Shrum
.(C)(i)Subject to paragraphs (2) through (5), if the owner of
the non-Federal land described in clause (ii)(I) offers to convey to the United
States all right, title, and interest of the owner in and to the non-Federal
land, the Secretary and the Secretary of Agriculture shall—(I)accept the offer;
and(II)convey to the owner of
the non-Federal land all right, title, and interest of the United States in and
to the Federal land described in clause (ii)(II).(ii)(I)The non-Federal land referred to in clause (i) is the
approximately 10,290 acres of non-Federal land generally depicted on the
proposed wilderness map as Land transfer from Young Life to
BLM
.(II)The Federal land referred to in clause (i)(II) is—- (aa)the approximately 11,365
acres of Federal land generally depicted on the proposed wilderness map as
Land transfer from BLM to Young Life
; - (bb)the approximately 645
acres of Federal land generally depicted on the land exchange map as
Land transfer from BLM to Young Life
; and - (cc)the approximately 690
acres of Federal land generally depicted on the land exchange map as
Land transfer from USFS to Young Life
. (2)Each land exchange under paragraph (1) shall be carried out
in accordance with section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716), including the requirement that the Secretary determine
that the public interest will be well served by making the exchange.(3)Each
land exchange under paragraph (1) shall be subject to—(A)valid existing
rights;(B)the condition that the
owner make the offer to convey all or part of the non-Federal land during the
3-year period beginning on the date of enactment of this Act;(C)the condition that the
owner of the non-Federal land pay not less than 50 percent of all costs
relating to the land exchange, including the costs of appraisals, surveys, and
any necessary environmental clearances;(D)the condition that title
to the non-Federal land be acceptable to the Secretary and in conformance with
the title approval standards applicable to Federal land acquisitions;(E)the condition that any
sites on the Federal land that are determined to be eligible for inclusion in
the National Register of Historic Places shall not be included in the exchange,
with any exclusion of land under this subparagraph to be limited to the
smallest area necessary; and(F)such terms and conditions
as the Secretary or the Secretary of Agriculture, as appropriate, may
require.(4)Valuation, appraisals,
and equalization(A)The value of the Federal land and the non-Federal land to
be conveyed in each land exchange under this subsection—(i)shall be equal, as
determined by appraisals conducted in accordance with subparagraph (B);
or(ii)if not equal, shall be
equalized in accordance with subparagraph (C).(B)(i)The Federal land and the non-Federal land to be exchanged
under this subsection shall be appraised by an independent, qualified appraiser
that is agreed to by the Secretary or the Secretary of Agriculture, as
appropriate.(ii)An
appraisal under clause (i) shall be conducted in accordance with—(I)the Uniform Appraisal
Standards for Federal Land Acquisitions; and(II)the Uniform Standards of
Professional Appraisal Practice.(C)(i)If the value of the Federal land and the non-Federal land
to be conveyed in a land exchange under this subsection is not equal, the value
may be equalized by—(I)making a cash
equalization payment to the Secretary or to the owner of the non-Federal land,
as appropriate, in accordance with section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b)); or(II)reducing the acreage of
the Federal land or the non-Federal land to be exchanged, as
appropriate.(ii)Cash equalization
paymentsAny cash equalization payments received by the Secretary
under clause (i)(I) shall be—(I)deposited in the Federal
Land Disposal Account established by section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and(II)used in accordance with
that Act.(5)The
exact acreage and legal description of the Federal land and non-Federal land to
be exchanged under paragraph (1) shall be determined by surveys approved by the
Secretary.(6)Completion of land
exchangeIt is the intent of Congress that the land exchanges
under this subsection be completed not later than 5 years after the date of
enactment of this Act.(7)Transfer of
administrative jurisdiction(A)Administrative jurisdiction over the approximately 750
acres of Federal land managed by the Bureau of Land Management generally
depicted on the land exchange map as Land transfer from BLM to
USFS
is transferred from the Bureau of Land Management to the Forest
Service.(B)The
Secretary of Agriculture shall administer the transferred land in accordance
with—(i)the Act of March 1, 1911
(commonly known as the Weeks Act
) (16 U.S.C. 480 et seq.);
and(ii)the laws (including
regulations) applicable to the National Forest System.(C)Any
costs relating to the transfer under subparagraph (A), including any costs for
surveys and other administrative costs, shall be paid by the Secretary of
Agriculture.(c)Cathedral Rock and
Horse Heaven Wilderness areas(1)Designation of
wilderness(A)Cathedral rock
wildernessSubject to paragraph (4) and in furtherance of the
purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land
within the boundaries of the area generally depicted on the proposed wilderness
map as Proposed Cathedral Rock Wilderness
shall be designated as
wilderness and as a component of the National Wilderness Preservation System,
to be known as the Cathedral Rock Wilderness
, on the earlier
of—(i)the date on which the
Secretary publishes in the Federal Register notice that sufficient inholdings
within the boundaries of the Proposed Cathedral Rock Wilderness have been
acquired to establish a manageable wilderness unit; or(ii)the date on which the
Secretary acquires secs. 2, 11, and 23 in T. 9 S, R. 19 E.(B)Subject to paragraph (4) and in furtherance of the
purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land
within the boundaries of the area generally depicted on the proposed wilderness
map as Proposed Horse Heaven Wilderness
shall be designated as
wilderness and as a component of the National Wilderness Preservation System,
to be known as the Horse Heaven Wilderness
, on the earlier
of—(i)the date on which the
Secretary publishes in the Federal Register notice that sufficient inholdings
within the boundaries of the Proposed Horse Heaven Wilderness have been
acquired to establish a manageable wilderness unit; or(ii)the date on which the
Secretary acquires those portions of secs. 11, 12, 13, 23, and 24 in T. 10 S,
R. 18 E. that are generally depicted as within the boundaries of the
Proposed Horse Heaven Wilderness
on the proposed wilderness
map.(C)(i)As soon as practicable after the date on which a
wilderness area is designated under subparagraph (A) or (B), the Secretary
shall prepare a map and legal description of the wilderness area.(ii)The maps and legal descriptions prepared under clause (i)
shall have the same force and effect as if included in this section, except
that the Secretary may correct minor errors in the maps and legal
descriptions.(iii)The
maps and legal descriptions prepared under clause (i) shall be on file and
available for public inspection in the appropriate offices of the Bureau of
Land Management.(D)Administration of
wilderness(i)Subject to valid existing rights, each area designated as
wilderness under subparagraph (A) or (B) shall be administered by the Secretary
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that—(I)any reference in the
Wilderness Act to the effective date of that Act shall be considered to be a
reference to the date of enactment of this Act; and(II)any reference in the
Wilderness Act to the Secretary of Agriculture shall be considered to be a
reference to the Secretary of the Interior.(ii)The
grazing of livestock in a wilderness area designated under subparagraph (A) or
(B), if established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are considered
necessary by the Secretary, in accordance with—(I)section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4)); and(II)the guidelines set forth
in Appendix A of the report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the 101st Congress (H.
Rept. 101–405).(iii)Nothing in this subsection alters, modifies, enlarges,
diminishes, or abrogates the treaty rights of any Indian tribe, including the
off-reservation reserved rights secured by the Treaty with the Tribes and Bands
of Middle Oregon of June 25, 1855 (12 Stat. 963).(iv)Nothing in this subsection affects the jurisdiction or
responsibilities of the State with respect to fish and wildlife in the
State.(v)(I)Nothing in this subsection creates any protective
perimeter or buffer zone around the wilderness areas designated under
subparagraph (A) or (B).(II)Activities outside
wildernessThe fact that a nonwilderness activity or use on land
outside the wilderness areas designated under subparagraph (A) or (B) can be
seen or heard within the wilderness areas shall not preclude the activity or
use outside the boundary of the wilderness areas.(vi)Incorporation of
acquired land and interestsSubject to paragraph (4), any land or
interest in land that is acquired by the United States within the boundaries
generally depicted on the proposed wilderness map as Proposed Cathedral
Rock Wilderness
and Proposed Horse Heaven Wilderness
shall—(I)become part of the
proposed wilderness area or wilderness area, as applicable; and(II)be managed in accordance
with—- (aa)this subsection;
and
- (bb)any other applicable
laws.
(vii)Cathedral Rock
WildernessOn terms acceptable to Jefferson County, Oregon, and
the owners of the applicable non-Federal land, access to the Cathedral Rock
Wilderness designated by subparagraph (A) from Muddy Creek Road is
authorized.(2)Prior to the designation of the areas as wilderness in
accordance with paragraph (1), the Federal land within each area shall be
managed in a manner that—(A)protects cultural and
archaeological resources; and(B)maintains the suitability
of the area for designation as wilderness.(3)Subject
to valid existing rights, the Federal land and any land or interest in land
that is acquired by the United States within the boundaries generally depicted
on the proposed wilderness map as Proposed Cathedral Rock
Wilderness
and Proposed Horse Heaven Wilderness
is
withdrawn from all forms of—(A)entry, appropriation, and
disposal under the public land laws;(B)location, entry, and
patent under the mining laws; and(C)operation of the mineral
leasing, mineral materials, and geothermal leasing laws.(4)(A)If the Cathedral Rock Wilderness is not designated as
wilderness in accordance with paragraph (1)(A) by the date that is 10 years
after the date of enactment of this Act, paragraphs (1) and (2) shall cease to
be effective with respect to the Federal land described in paragraph
(1)(A).(B)If the Horse Heaven Wilderness is not designated as
wilderness in accordance with paragraph (1)(B) by the date that is 10 years
after the date of enactment of this Act, paragraphs (1) and (2) shall cease to
be effective with regard to the Federal land described in paragraph
(1)(B).3.Wild Rogue Wilderness
Area(a)In
this section:(1)The
term Commission means the Federal Energy Regulatory
Commission.(2)The
term map means the map entitled Wild Rogue Wilderness
Additions
and dated June 12, 2013.(3)The
term Secretary means—(A)the Secretary of the
Interior, with respect to public land administered by the Secretary of the
Interior; or(B)the Secretary of
Agriculture, with respect to National Forest System land.(4)The term Wilderness additions means the
land added to the Wild Rogue Wilderness under subsection (b)(1).(b)Expansion of Wild Rogue
Wilderness area(1)The
approximately 56,100 acres of Federal land in the State of Oregon generally
depicted on the map as BLM Proposed Wilderness
and
Proposed USFS Wilderness
shall be added to and administered as
part of the Wild Rogue Wilderness in accordance with Public Law 95–237 (16
U.S.C. 1132 note; 92 Stat. 40), except that—(A)the Secretary of the
Interior and the Secretary of Agriculture shall administer the Federal land
under their respective jurisdiction; and(B)any reference in that Act
to the Secretary of Agriculture shall be considered to be a reference to the
Secretary of Agriculture or the Secretary of the Interior, as
applicable.(2)(A)As soon as practicable after the date of enactment of
this Act, the Secretary shall prepare a map and legal description of the
wilderness area designated by paragraph (1).(B)The map and legal description filed under subparagraph (A)
shall have the same force and effect as if included in this section, except
that the Secretary may correct typographical errors in the map and legal
description.(C)The map and legal description filed under
subparagraph (A) shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management and Forest Service.(3)Subject
to valid existing rights, the Wilderness additions are withdrawn from all forms
of—(A)entry, appropriation, or
disposal under the public land laws;(B)location, entry, and
patent under the mining laws; and(C)disposition under all
laws pertaining to mineral and geothermal leasing or mineral materials.(c)Potential addition to
wilderness area(1)Subject
to paragraph (3) and in furtherance of the purposes of the Wilderness Act (16
U.S.C. 1131 et seq.), certain public land in the State of Oregon administered
by the Secretary of the Interior, compromising approximately 600 acres, as
generally depicted on the map as Potential Wilderness
, shall be
added to and administered as part of the Wild Rogue Wilderness.(2)Subject to valid existing rights, the Secretary shall
manage the land described in paragraph (1) to protect its suitability for
designation as wilderness until the date on which the land is designated as
wilderness in accordance with paragraph (3).(3)(A)The land described in paragraph (1) shall be designated
as wilderness and added to and administered as part of the Wild Rogue
Wilderness on the date on which the Secretary publishes in the Federal Register
notice that the conditions in the potential wilderness area that are
incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have been
removed.(B)On
designation as wilderness under paragraph (1), the land described in that
paragraph shall be administered in accordance with this Act, the Wilderness Act
(16 U.S.C. 1131 et seq.), and Public Law 95–237 (16 U.S.C. 1132 note; 92 Stat.
40).(4)Subject
to valid existing rights, the land described in paragraph (1) is withdrawn from
all forms of—(A)entry, appropriation, or
disposal under the public land laws;(B)location, entry, and
patent under the mining laws; and(C)disposition under all
laws pertaining to mineral and geothermal leasing or mineral materials.(d)Withdrawal area
protections(1)The Secretary shall manage the Federal land described in
paragraph (2) in a manner that preserves the natural and primitive character of
the land for recreational, scenic, and scientific use.(2)The Federal land referred to in paragraph (1) is the
approximately 4,000 acres generally depicted on the map as Withdrawal
Area
.(3)Maps and legal
descriptions(A)As soon as practicable after the date of enactment of
this Act, the Secretary shall prepare a map and legal description of the land
described in paragraph (2).(B)The map and legal description filed under subparagraph (A)
shall have the same force and effect as if included in this section, except
that the Secretary may correct typographical errors in the map and legal
description.(C)The map and legal description filed under
subparagraph (A) shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.(4)(A)Subject to valid existing rights, with respect to the
Federal land described in paragraph (2), the Secretary shall only allow uses
that are consistent with the purposes described in paragraph (1).(B)The following shall be prohibited on the Federal land
described in paragraph (2):(i)Permanent roads.(ii)Commercial
enterprises.(iii)Except as necessary to
meet the minimum requirements for the administration of the Federal land and to
protect public health and safety—(I)the use of motor
vehicles; or(II)the establishment of
temporary roads.(5)Subject
to valid existing rights, the Federal land described in paragraph (2) is
withdrawn from—(A)all forms of entry,
appropriation, or disposal under the public land laws;(B)location, entry, and
patent under the mining laws; and(C)disposition under all
laws relating to mineral and geothermal leasing or mineral materials.(e)Wild and scenic river
designations, Rogue River area(1)Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) and inserting the
following:(5)(A)The segment of the river extending from the mouth of the
Applegate River downstream to the Lobster Creek Bridge, to be administered by
the Secretary of the Interior or the Secretary of Agriculture, as agreed to by
the Secretaries of the Interior and Agriculture or as directed by the
President.(B)In
addition to the segment described in subparagraph (A), there are designated the
following segments in the Rogue River:(i)The approximately 4.8-mile segment of Kelsey Creek from the
east section line of T. 32 S., R. 9 W., sec. 34, Willamette Meridian, to the
confluence with the Rogue River, as a wild river.(ii)The approximately 4.6-mile segment of East Fork Kelsey
Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5,
Willamette Meridian, to the confluence with Kelsey Creek, as a wild
river.(iii)(I)The approximately 0.6-mile segment of Whisky Creek from the
confluence of the East Fork and West Fork to 0.1 miles downstream from road
33-8-23, as a recreational river.(II)The approximately 1.9-mile segment of Whisky Creek from 0.1
miles downstream from road 33-8-23 to the confluence with the Rogue River, as a
wild river.(iv)(I)The approximately 2.6-mile segment of East Fork Whisky
Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11,
Willamette Meridian., to 0.1 miles downstream of road 33-8-26 crossing, as a
wild river.(II)The approximately 0.3-mile segment of East Fork Whisky
Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky
Creek, as a recreational river.(v)The approximately 4.8-mile segment of West Fork Whisky
Creek from its headwaters to the confluence with Whisky Creek, as a wild
river.(vi)(I)The approximately 1.5-mile segment of Big Windy Creek from
its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic
river.(II)The approximately 5.8-mile segment of Big Windy Creek from
0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue
River, as a wild river.(vii)East fork big windy
creek(I)The approximately 0.2-mile segment of East Fork Big Windy
Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a
scenic river.(II)The approximately 3.7-mile segment of East Fork Big Windy
Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big
Windy Creek, as a wild river.(viii)The approximately 1.9-mile segment of Little Windy Creek
from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue
River, as a wild river.(ix)(I)The approximately 0.3-mile segment of Howard Creek from its
headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river.(II)The approximately 6.9-mile segment of Howard Creek from 0.1
miles downstream of road 34-9-34 to the confluence with the Rogue River, as a
wild river.(x)The approximately 6.3-mile segment of Mule Creek from the
east section line of T. 32 S., R. 10 W., sec. 25, Willamette Meridian, to the
confluence with the Rogue River, as a wild river.(xi)The approximately 3.5-mile segment of Anna Creek from its
headwaters to the confluence with Howard Creek, as a wild river.(xii)The approximately 1.6-mile segment of Missouri Creek from
the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xiii)The approximately 1.8-mile segment of Jenny Creek from the
Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.28, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xiv)The approximately 2.2-mile segment of Rum Creek from the
Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xv)The approximately 1.3-mile segment of East Rum Creek from
the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette
Meridian, to the confluence with Rum Creek, as a wild river.(xvi)The approximately 1.7-mile segment of Wildcat Creek from
its headwaters downstream to the confluence with the Rogue River, as a wild
river.(xvii)The approximately 1.8-mile segment of Montgomery Creek from
its headwaters downstream to the confluence with the Rogue River, as a wild
river.(xviii)The approximately 1.2-mile segment of Hewitt Creek from the
Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xix)The approximately 6.6-mile segment of Bunker Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xx)(I)The approximately 0.8-mile segment of Dulog Creek from its
headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river.(II)The approximately 1.0-mile segment of Dulog Creek from 0.1
miles downstream of road 34-8-36 to the confluence with the Rogue River, as a
wild river.(xxi)The approximately 1.7-mile segment of Quail Creek from the
Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xxii)The approximately 4.1-mile segment of Meadow Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxiii)The approximately 2.5-mile segment of Russian Creek from
the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xxiv)The approximately 1.2-mile segment of Alder Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxv)The approximately 1.5-mile segment of Booze Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxvi)The approximately 1.8-mile segment of Bronco Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxvii)The approximately 1.5-mile segment of Copsey Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxviii)The approximately 0.5-mile segment of Corral Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxix)The approximately 0.9-mile segment of Cowley Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxx)The approximately 1.8-mile segment of Ditch Creek from the
Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette
Meridian, to its confluence with the Rogue River, as a wild river.(xxxi)The approximately 0.9-mile segment of Francis Creek from
its headwaters to the confluence with the Rogue River, as a wild river.(xxxii)The approximately 1.1-mile segment of Long Gulch from the
Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette
Meridian, to the confluence with the Rogue River, as a wild river.(xxxiii)The approximately 1.7-mile segment of Bailey Creek from the
west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the
confluence of the Rogue River, as a wild river.(xxxiv)The approximately 0.7-mile segment of Shady Creek from its
headwaters to the confluence with the Rogue River, as a wild river.(xxxv)(I)The approximately 0.5-mile segment of Slide Creek from its
headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river.(II)The approximately 0.7-mile section of Slide Creek from 0.1
miles downstream of road 33-9-6 to the confluence with the Rogue River, as a
wild
river..(2)Each
river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) shall be
managed as part of the Rogue Wild and Scenic River.(3)Subject to valid existing rights, the
Federal land within the boundaries of the river segments designated under
subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)(5)) (as added by paragraph (1)) is withdrawn from all forms
of—(A)entry, appropriation, or
disposal under the public land laws;(B)location, entry, and
patent under the mining laws; and(C)disposition under all
laws pertaining to mineral and geothermal leasing or mineral materials.(f)Additional protections
for Rogue River tributaries(1)The Commission shall not license the construction of
any dam, water conduit, reservoir, powerhouse, transmission line, or other
project works on or directly affecting any stream described in paragraph
(4).(2)(A)No department or agency of the United States shall assist
by loan, grant, license, or otherwise in the construction of any water
resources project on or directly affecting any stream segment that is described
in paragraph (4), except to maintain or repair water resources projects in
existence on the date of enactment of this Act.(B)Nothing
in this paragraph prohibits any department or agency of the United States in
assisting by loan, grant, license, or otherwise, a water resources
project—(i)the primary purpose of
which is ecological or aquatic restoration; and(ii)that provides a net
benefit to water quality and aquatic resources.(3)Subject
to valid existing rights, the Federal land located within a
1/4 mile on either side of the stream segments described
in paragraph (4), is withdrawn from all forms of—(A)entry, appropriation, or
disposal under the public land laws;(B)location, entry, and
patent under the mining laws; and(C)disposition under all
laws pertaining to mineral and geothermal leasing or mineral materials.(4)Description of Stream
segmentsThe following are the stream segments referred to in
paragraph (1):(A)The approximately 4.5-mile segment of Kelsey Creek from its
headwaters to the east section line of T. 32 S., R. 9 W., sec. 34.(B)The approximately 0.2-mile segment of East Fork Kelsey
Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R.
8 W., sec. 5.(C)The approximately 0.9-mile segment of East Fork Whisky
Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R.
8 W., sec. 11.(D)The approximately 1.2-mile segment of Little Windy Creek
from its headwaters to the west section line of T. 33 S., R. 9 W., sec.
34.(E)The approximately 5.1-mile segment of Mule Creek from its
headwaters to the east section line of T. 32 S., R. 10 W., sec. 25.(F)The approximately 3.1-mile segment of Missouri Creek from
its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W.,
sec. 24.(G)The approximately 3.1-mile segment of Jenny Creek from its
headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.
28.(H)The approximately 2.2-mile segment of Rum Creek from its
headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec.
9.(I)The approximately 0.8-mile segment of East Fork Rum Creek
from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W.,
sec. 10.(J)The approximately 1.4-mile segment of Hewitt Creek from its
headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.
19.(K)The approximately 0.8-mile segment of Quail Creek from its
headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec.
1.(L)The approximately 0.1-mile segment of Russian Creek from
its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec.
20.(M)The approximately 0.7-mile segment of Ditch Creek from its
headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.
5.(N)The approximately 1.4-mile segment of Long Gulch from its
headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec.
23.(O)The approximately 1.4-mile segment of Bailey Creek from its
headwaters to the west section line of T. 34 S., R. 8 W., sec. 14.(P)The approximately 3.3-mile segment of Quartz Creek from its
headwaters to its confluence with the North Fork Galice Creek.(Q)The approximately 5.7-mile segment of the North Fork Galice
Creek from its headwaters to its confluence with Galice Creek.(R)The approximately 10.2-mile segment of Grave Creek from the
confluence of Wolf Creek downstream to the confluence with the Rogue
River.(S)The approximately 2.2-mile segment of Centennial Gulch from
its headwaters to its confluence with the Rogue River.(T)The approximately 2.2-mile segment of Galice Creek from the
confluence with the South Fork Galice Creek downstream to the Rogue
River.4.Designation of wild and
scenic river segments, Molalla River, Oregon(a)Section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end
the following:(208)(A)The following segments in the State of Oregon, to be
administered by the Secretary of the Interior as a recreational river:(i)The approximately 15.1-mile segment from the southern
boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the
Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7.(ii)Table Rock Fork
Molalla RiverThe approximately 6.2-mile segment from the
easternmost Bureau of Land Management boundary line in the
NE1/4 sec. 4, T. 7 S., R. 4 E., downstream to the
confluence with the Molalla River.(B)Subject
to valid existing rights, the Federal land within the boundaries of the river
segments designated by subparagraph (A) is withdrawn from all forms of—(i)entry, appropriation, or
disposal under the public land laws;(ii)location, entry, and
patent under the mining laws; and(iii)disposition under all
laws relating to mineral and geothermal leasing or mineral
materials..(b)Section 3(a)(102)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended—(1)in the heading, by striking
Squaw
Creek
and inserting Whychus Creek
;(2)in the matter preceding
subparagraph (A), by striking McAllister Ditch, including the Soap Fork
Squaw Creek, the North Fork, the South Fork, the East and West Forks of Park
Creek, and Park Creek Fork
and inserting Plainview Ditch,
including the Soap Creek, the North and South Forks of Whychus Creek, the East
and West Forks of Park Creek, and Park Creek
; and(3)in subparagraph (B), by
striking McAllister Ditch
and inserting Plainview
Ditch
.5.Technical Corrections to the Wild and
Scenic Rivers ActSection
3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is
amended—(1)by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively, and indenting
appropriately;(2)in the matter preceding clause (i) (as so
redesignated), by striking The 44.5-mile
and inserting the
following:(A)The
44.5-mile;
(3)in clause (i) (as so redesignated)—(A)by striking 25.5-mile
and
inserting 27.5-mile
; and(B)by striking Boulder Creek at the
Kalmiopsis Wilderness boundary
and inserting Mislatnah
Creek
;(4)in clause (ii) (as so redesignated)—(A)by striking 8
and inserting
7.5
; and(B)by striking Boulder Creek to Steel
Bridge
and inserting Mislatnah Creek to Eagle
Creek
;(5)in clause (iii) (as so
redesignated)—(A)by striking 11
and inserting
9.5
; and(B)by striking Steel Bridge
and
inserting Eagle Creek
; and(6)by adding at the end the following:(B)Subject to valid rights, the Federal land
within the boundaries of the river segments designated by subparagraph (A), is
withdrawn from all forms of—(i)entry, appropriation, or disposal under the
public land laws;(ii)location, entry, and patent under the
mining laws; and(iii)disposition under all laws pertaining to
mineral and geothermal leasing or mineral
materials..September 10, 2013Reported
with an amendment