II 110th CONGRESS 2d Session S. 3149 IN THE SENATE OF THE UNITED STATES June 18, 2008 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to add certain segments to the Rogue River designation, and for other purposes.

1.

Short title

This Act may be cited as the Lower Rogue Wild and Scenic Rivers Act of 2008.

2.

Rogue river additions

(a)

In general

Section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) is amended— (1)by striking The segment and inserting the following: (A)

In general

The segment ; and (2)by adding at the end the following: (B)

Additional areas

In addition to the segment described in subparagraph (A), the following segments of the Rogue River, Oregon, to be administered in the following classifications: (i)

Kelsey creek

(I)The 2.2-mile segment of Kelsey Creek from the headwaters of the Creek to the eastern section line of 32S 8W sec. 30 as a recreational river. (II)The 7.1-mile segment of Kelsey Creek from the eastern section line of 32S 8W sec. 30 to the confluence with the Rogue River as a wild river. (ii)

East fork kelsey creek

(I)The 0.1-mile segment of East Fork Kelsey Creek from the headwaters of the Creek to 0.1 miles downstream of road 32–7–19.3 as a scenic river. (II)The 4.7-mile segment of East Fork Kelsey Creek downstream from 0.1 miles downstream of road 32–7–19.3 to the confluence with Kelsey Creek as a wild river. (iii)

Whisky creek

(I)The 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 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)

East fork whisky creek

(I)The 0.1-mile segment of East Fork Whisky Creek from the headwaters of the Creek to 0.1 miles downstream of road 34–8–1 as a scenic river. (II)The 3.7-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 34–8–1 to the confluence with Whisky Creek as a wild river. (v)

West fork whisky creek

The 4.8-mile segment of West Fork Whisky Creek from the headwaters of the Creek to the confluence of the Rogue River as a wild river. (vi)

Big windy creek

(I)The 1.5-mile segment of Big Windy Creek from the headwaters of the Creek to 0.1 miles downstream from road 34–9–17.1 as a scenic river. (II)The 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 0.2-mile segment of East Fork Big Windy Creek from the headwaters of the Creek to 0.1 miles downstream from road 34–8–36 as a scenic river. (II)The 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)

Little windy creek

(I)The 1.1-mile segment of Little Windy Creek from the headwaters of the Creek to 0.1 miles downstream of road 34–8–36 as a scenic river. (II)The 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)

Howard creek

(I)The 0.3-mile segment of Howard Creek from the headwaters of the Creek to 0.1 miles downstream of road 34–9–34 as a scenic river. (II)The 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)

Mule creek

(I)The 0.2-mile segment of Mule Creek from the headwaters of the Creek to 0.1 miles downstream from road 32–9–15.1 as a scenic river. (II)The 11.2-mile segment of Mule Creek from 0.1 miles downstream from road 32–9–15.1 to the confluence with the Rogue River as a wild river. (xi)

Grave creek

(I)The 1.6-mile segment of Grave Creek from the confluence of Wolf Creek downstream as a scenic river. (II)The 8.2-mile segment of Grave Creek from 1.6 miles downstream of the confluence of Wolf Creek to the confluence with the Rogue River as a recreational river. (xii)

Anna creek

The 3.5-mile segment of Anna Creek from the headwaters of Anna Creek to the confluence with Howard Creek as a wild river. (xiii)

Missouri creek

(I)The 2.6-mile segment of Missouri Creek from the headwaters of the Creek to the north section line of 33S 10W sec. 25 as a scenic river. (II)The 2.2-mile segment of Missouri Creek from the north section line of 33S 10W sec. 25 to the confluence with the Rogue River as a wild river. (xiv)

Jenny creek

(I)The 0.3-mile segment of Jenny Creek from the headwaters of the Creek to 0.1 miles downstream from road 34–9–7 as a scenic river. (II)The 4.6-mile segment of Jenny Creek from 0.1 miles downstream from road 34–9–7 to the confluence with the Rogue River as a wild river. (xv)

Rum creek

(I)The 2-mile segment of Rum Creek from the headwaters of the Creek to 0.1 miles downstream from road 34–8–34 as a scenic river. (II)The 2.4-mile segment of Rum Creek from 0.1 miles downstream from road 34–8–34 to the confluence with the Rogue River as a wild river. (xvi)

East fork rum creek

(I)The 0.5-mile segment of East Rum Creek from the headwaters to 0.1 miles downstream of road 34–8–10.1 as a scenic river. (II)The 1.5-mile segment of East Rum Creek from 0.1 miles downstream of road 34–8–10.1 to the confluence with Rum Creek as a wild river. (xvii)

Wildcat creek

The 1.7-mile segment of Wildcat Creek from the headwaters of the Creek downstream to the confluence with the Rogue River as a wild river. (xviii)

Montgomery creek

The 1.8-mile segment of Montgomery Creek from the headwaters of the Creek downstream to the confluence with the Rogue River as a wild river. (xix)

Quartz creek

(I)The 0.5-mile segment of Quartz Creek from its headwaters to 0.1 miles downstream from road 35–9–1.2 as a recreational river. (II)The 2.8-mile segment from 0.1 miles downstream from road 35–9–1.2 to the confluence of the North Fork Galice Creek as a scenic river. (xx)

Hewitt creek

(I)The 1.3-mile segment of Hewitt Creek from the headwaters of the Creek to 0.1 miles downstream of road 33–9–21 as a scenic river. (II)The 1.3-mile segment of Hewitt Creek from 0.1 miles downstream of road 33–9–21 to the confluence with the Rogue River as a wild river. (xxi)

Bunker creek

The 6.6-mile segment of Bunker Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. (xxii)

Dulog creek

(I)The 0.8-mile segment of Dulog Creek from the headwaters of the Creek to 0.1 miles downstream of road 34–8–36 as a scenic river. (II)The 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. (xxiii)

Galice creek

The 2.2-mile segment of Galice Creek from the confluence with the North and South Forks of Galice Creek to the confluence with the Rogue River as a recreational river. (xxiv)

North fork galice creek

(I)The 1.2-mile segment of North Fork Galice Creek from the headwaters of the Creek to 0.1 miles upstream of road 34–8–36 as a scenic river. (II)The 4.5-mile segment of North Fork Galice Creek from 0.1 miles upstream of road 34–8–36 to the confluence with Galice Creek as a recreational river. (xxv)

Quail creek

(I)The 0.7-mile segment of Quail Creek from the headwaters of the Creek to 0.1 miles downstream from road 32–9–14.2 as a scenic river. (II)The 1.8-mile segment of Quail Creek from to 0.1 miles downstream from road 32–9–14.2 to the confluence with the Rogue River as a wild river. (xxvi)

Meadow creek

The 4.1-mile segment of Meadow Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. (xxvii)

Russian creek

(I)The 0.4-mile segment of Russian Creek from the headwaters of the Creek to 0.1 miles downstream from road 33–8–21 as a scenic river. (II)The 2.2-mile segment of Russian Creek 0.1 miles downstream from road 33–8–21 to the confluence with the Rogue River as a wild river. (xxviii)

Alder creek

The 1.2-mile segment of Alder Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. (xxix)

Booze creek

The 1.5-mile segment of Booze Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. (xxx)

Bronco creek

The 1.8-mile segment of Bronco Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. (xxxi)

Centennial gulch creek

The 1.9-mile segment of Centennial Gulch Creek from the headwaters of the Creek to the confluence with the Rogue River as a recreational river. (xxxii)

Copsey creek

The 1.5-mile segment of Copsey Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. (xxxiii)

Corral creek

The 0.5-mile segment of Corral Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. (xxxiv)

Cowley creek

The 0.9-mile segment of Cowley Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. (xxxv)

Ditch creek

(I)The 0.5-mile segment of Ditch Creek from the headwaters of the Creek 0.1 miles downstream from road 33–5–9.2 as a scenic river. (II)The 1.9-mile segment of Ditch Creek from 0.1 miles downstream from road 33–5–9.2 to the confluence with the Rogue River as a wild river. (xxxvi)

Francis creek

The 0.9-mile segment of Francis Creek from the headwaters of the Creek to the confluence with the Rogue River as a wild river. (xxxvii)

Long gulch

(I)The 1.4-mile segment of Long Gulch from the headwaters to 0.1 miles downstream from road 34–9–21 as a scenic river. (II)The 1.1-mile segment of Long Gulch from 0.1 miles downstream of road 34–9–21 to the confluence with the Rogue River as a wild river. (xxxviii)

Bailey creek

(I)The 1.0-mile segment of Bailey Creek from the headwaters of the Creek to 0.1 miles downstream from road 34–8–22.2 as a scenic river. (II)The 2.1-mile segment of Bailey Creek from 0.1 miles downstream from road 34–8–22.2 to the confluence of the Rogue River as a wild river. (xxxix)

Shady creek

The 0.7-mile segment of Shady Creek from the headwaters of the Creek to the confluence with the Rogue River, as a wild river. (xl)

Slide creek

(I)The 0.5-mile segment of Slide Creek from the headwaters of the Creek to 0.1 miles downstream from road 33–9–6 as a scenic river. (II)The 0.7-mile segment of Slide Creek from 0.1 miles downstream of road 33–9–6 to the confluence with the Rogue River as a wild river. . (b)

Administrative provisions

(1)

In general

Any segment of the Rogue River 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 subsection (a)(2)) shall— (A)include an average of 640 acres per mile measured from the ordinary high water mark on both sides of the River; and (B)be managed as part of the Rogue Wild and Scenic River designated by subparagraph (A) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection (a)(1)). (2)

Withdrawal

Subject to valid rights, the Federal land within the boundaries of the river segments 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 subsection (a)(2)) 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 relating to mineral and geothermal leasing or mineral materials. (3)

Windpower facilities prohibited

The siting of windpower facilities within the lateral boundaries of a segment of the Rogue Wild and Scenic River 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 subsection (a)(2)) is prohibited.