[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1272 Reported in Senate (RS)]

                                                       Calendar No. 527
111th CONGRESS
  2d Session
                                S. 1272

                          [Report No. 111-257]

To provide for the designation of the Devil's Staircase Wilderness Area 
 in the State of Oregon, to designate segments of Wasson and Franklin 
  Creeks in the State of Oregon as wild or recreation rivers, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2009

Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             August 5, 2010

  Reported by Mr. Bingaman, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To provide for the designation of the Devil's Staircase Wilderness Area 
 in the State of Oregon, to designate segments of Wasson and Franklin 
  Creeks in the State of Oregon as wild or recreation rivers, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Devil's Staircase 
Wilderness Act of 2009''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Map.--The term ``map'' means the map entitled 
        ``Devil's Staircase Wilderness Proposal'' and dated June 10, 
        2009.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means--
        </DELETED>
                <DELETED>    (A) with respect to land under the 
                jurisdiction of the Secretary of Agriculture, the 
                Secretary of Agriculture; and</DELETED>
                <DELETED>    (B) with respect to land under the 
                jurisdiction of the Secretary of the Interior, the 
                Secretary of the Interior.</DELETED>
        <DELETED>    (3) State.--The term ``State'' means the State of 
        Oregon.</DELETED>
        <DELETED>    (4) Wilderness.--The term ``Wilderness'' means the 
        Devil's Staircase Wilderness designated by section 
        3(a).</DELETED>

<DELETED>SEC. 3. DEVIL'S STAIRCASE WILDERNESS, OREGON.</DELETED>

<DELETED>    (a) Designation.--In accordance with, and in furtherance 
of the purposes of, the Wilderness Act (16 U.S.C. 1131 et seq.), the 
Federal land in the State administered by the Chief of the Forest 
Service and the Director of the Bureau of Land Management, comprising 
approximately 29,650 acres, as generally depicted on the map, is 
designated as wilderness and as a component of the National Wilderness 
Preservation System, to be known as the ``Devil's Staircase 
Wilderness''.</DELETED>
<DELETED>    (b) Map; Legal Description.--</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of enactment of this Act, the Secretary shall file with 
        the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate a map and legal description of the 
        Wilderness.</DELETED>
        <DELETED>    (2) Force of law.--The map and legal description 
        filed under paragraph (1) shall have the same force and effect 
        as if included in this Act, except that the Secretary may 
        correct errors in the map and legal description.</DELETED>
        <DELETED>    (3) Availability.--The map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in--</DELETED>
                <DELETED>    (A) the Office of the Chief of the Forest 
                Service; and</DELETED>
                <DELETED>    (B) the Office of the Director of the 
                Bureau of Land Management.</DELETED>
        <DELETED>    (4) Conflict between map and legal description.--
        In the case of a conflict between the map and the legal 
        description filed under paragraph (1), the map shall 
        control.</DELETED>
<DELETED>    (c) Administration.--The Secretary shall administer the 
Wilderness--</DELETED>
        <DELETED>    (1) in a manner that maintains and restore the 
        wilderness character of the Wilderness; and</DELETED>
        <DELETED>    (2) in accordance with--</DELETED>
                <DELETED>    (A) the Wilderness Act (16 U.S.C. 1131 et 
                seq.), except that 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</DELETED>
                <DELETED>    (B) the Oregon Wilderness Act of 1984 (16 
                U.S.C. 1132 note; Public Law 98-328).</DELETED>
<DELETED>    (d) Incorporation of Acquired Land and Interests.--Any 
land within the boundary of the Wilderness that is acquired by the 
United States shall--</DELETED>
        <DELETED>    (1) become part of the Wilderness; and</DELETED>
        <DELETED>    (2) be managed in accordance with--</DELETED>
                <DELETED>    (A) this section; and</DELETED>
                <DELETED>    (B) any other applicable laws.</DELETED>
<DELETED>    (e) Fish and Wildlife.--Nothing in this section affects 
the jurisdiction or responsibilities of the State with respect to 
wildlife and fish in units of the National Forest System in the 
State.</DELETED>
<DELETED>    (f) Adjacent Management.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this section creates 
        any protective perimeter or buffer zone around the 
        Wilderness.</DELETED>
        <DELETED>    (2) Activities outside wilderness.--The fact that 
        a nonwilderness activity or use on land outside the Wilderness 
        can be seen or heard within the Wilderness shall not preclude 
        the activity or use outside the boundary of the 
        Wilderness.</DELETED>
<DELETED>    (g) Withdrawal.--Subject to valid rights in existence on 
the date of enactment of this Act, the Federal land within the 
Wilderness is withdrawn from all forms of--</DELETED>
        <DELETED>    (1) entry, appropriation, or disposal under the 
        public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) disposition under all laws relating to mineral 
        and geothermal leasing or mineral materials.</DELETED>
<DELETED>    (h) Protection of Tribal Rights.--Nothing in this section 
diminishes--</DELETED>
        <DELETED>    (1) any rights of an Indian tribe in existence on 
        the date of enactment of this Act; or</DELETED>
        <DELETED>    (2) any tribal rights regarding access to the 
        Wilderness for tribal activities, including spiritual, 
        cultural, and traditional food gathering activities.</DELETED>

<DELETED>SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND 
              FRANKLIN CREEK, OREGON.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(208) Franklin creek, oregon.--</DELETED>
                <DELETED>    ``(A) In general.--The 4.5-mile segment of 
                Franklin Creek, Oregon, from the headwaters of the 
                Creek to the private land boundary in sec. 8, T. 22 S., 
                R. 10 W., to be administered by the Secretary of 
                Agriculture as a wild river.</DELETED>
                <DELETED>    ``(B) Lateral boundaries.--Notwithstanding 
                section 3(b), the lateral boundaries of the wild river 
                area along Franklin Creek shall include an average of 
                not more than 640 acres per mile measured from the 
                ordinary high water mark on both sides of the 
                Creek.</DELETED>
        <DELETED>    ``(209) Wasson creek, oregon.--</DELETED>
                <DELETED>    ``(A) In general.--The following segments 
                of Wasson Creek, Oregon:</DELETED>
                        <DELETED>    ``(i) The 4.2-mile segment from 
                        the eastern edge of sec. 17, T. 21 S., R. 9 W., 
                        downstream to the boundary of sec. 11 and 12, 
                        T. 21 S., R. 10 W., to be administered by the 
                        Secretary of Interior as a wild 
                        river.</DELETED>
                        <DELETED>    ``(ii) The 5.9-mile segment 
                        downstream from the boundary of sec. 11 and 12 
                        to the private land boundary in sec. 22, T. 21 
                        S., R. 10 W., to be administered by the 
                        Secretary of Agriculture as a wild 
                        river.</DELETED>
                <DELETED>    ``(B) Lateral boundaries.--Notwithstanding 
                section 3(b), the lateral boundaries of the wild river 
                area along Wasson Creek shall include an average of not 
                more than 640 acres per mile measured from the ordinary 
                high water mark on both sides of the 
                Creek.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Devil's Staircase Wilderness Act of 
2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map entitled ``Devil's 
        Staircase Wilderness Proposal'' and dated June 15, 2010.
            (2) Secretary.--The term ``Secretary'' means--
                    (A) with respect to land under the jurisdiction of 
                the Secretary of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Secretary of the Interior, the Secretary of the 
                Interior.
            (3) State.--The term ``State'' means the State of Oregon.
            (4) Wilderness.--The term ``Wilderness'' means the Devil's 
        Staircase Wilderness designated by section 3(a).

SEC. 3. DEVIL'S STAIRCASE WILDERNESS, OREGON.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the approximately 30,540 acres of Forest Service land 
and Bureau of Land Management land in the State, as generally depicted 
on the map, is designated as wilderness and as a component of the 
National Wilderness Preservation System, to be known as the ``Devil's 
Staircase Wilderness''.
    (b) Map; Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map and 
        legal description of the Wilderness.
            (2) Force of law.--The map and legal description prepared 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        clerical and typographical errors in the map and legal 
        description.
            (3) Availability.--The map and legal description prepared 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service and 
        Bureau of Land Management.
    (c) Administration.--Subject to valid existing rights, the area 
designated as wilderness by this section shall be administered by the 
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), except that--
            (1) 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
            (2) any reference in that Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary that has jurisdiction over the land within the 
        Wilderness.
    (d) Fish and Wildlife.--Nothing in this section affects the 
jurisdiction or responsibilities of the State with respect to fish and 
wildlife in the State.
    (e) Adjacent Management.--
            (1) In general.--Nothing in this section creates any 
        protective perimeter or buffer zone around the Wilderness.
            (2) Activities outside wilderness.--The fact that a 
        nonwilderness activity or use on land outside the Wilderness 
        can be seen or heard within the Wilderness shall not preclude 
        the activity or use outside the boundary of the Wilderness.
    (f) Protection of Tribal Rights.--Nothing in this section 
diminishes any treaty rights of an Indian tribe.
    (g) Transfer of Administrative Jurisdiction.--
            (1) In general.--Administrative jurisdiction over the 
        approximately 49 acres of Bureau of Land Management land north 
        of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is 
        transferred from the Bureau of Land Management to the Forest 
        Service.
            (2) Administration.--The Secretary shall administer the 
        land transferred by paragraph (1) in accordance with--
                    (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Law'') (16 U.S.C. 480 et seq.); and
                    (B) any laws (including regulations) applicable to 
                the National Forest System.

SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN 
              CREEK, OREGON.

    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:
            ``(210) Franklin creek, oregon.--The 4.5-mile segment from 
        its headwaters to the line of angle points within sec. 8, T. 22 
        S., R. 10 W., shown on the survey recorded in the Official 
        Records of Douglas County, Oregon, as M64-62, to be 
        administered by the Secretary of Agriculture as a wild river.
            ``(211) Wasson creek, oregon.--The 10.1-mile segment in the 
        following classes:
                    ``(A) The 4.2-mile segment from the eastern 
                boundary of sec. 17, T. 21 S., R. 9 W., downstream to 
                the western boundary of sec. 12, T. 21 S., R. 10 W., to 
                be administered by the Secretary of the Interior as a 
                wild river.
                    ``(B) The 5.9-mile segment from the western 
                boundary of sec. 12, T. 21 S., R. 10 W., downstream to 
                the eastern boundary of the northwest quarter of sec. 
                22, T. 21 S., R. 10 W., to be administered by the 
                Secretary of Agriculture as a wild river.''.
            Amend the title so as to read: ``A bill to provide for the 
        designation of the Devil's Staircase Wilderness Area in the 
        State of Oregon, to designate segments of Wasson and Franklin 
        Creeks in the State of Oregon as components of the National 
        Wild and Scenic Rivers System, and for other purposes.''.
                                                       Calendar No. 527

111th CONGRESS

  2d Session

                                S. 1272

                          [Report No. 111-257]

_______________________________________________________________________

                                 A BILL

To provide for the designation of the Devil's Staircase Wilderness Area 
 in the State of Oregon, to designate segments of Wasson and Franklin 
  Creeks in the State of Oregon as wild or recreation rivers, and for 
                            other purposes.

_______________________________________________________________________

                             August 5, 2010

        Reported with an amendment and an amendment to the title