1.This Act may be cited as the
Devil’s Staircase Wilderness Act of
2009
.
2.In this Act:
(1)The
term map means the map entitled Devil's Staircase
Wilderness Proposal
and dated June 10, 2009.
(2)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)The
term State means the State of Oregon.
(4)The
term Wilderness means the Devil's Staircase Wilderness designated
by section 3(a).
3.Devil's Staircase
Wilderness, Oregon
(a)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
.
(b)
(1)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.
(2)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.
(3)The
map and legal description filed under paragraph (1) shall be on file and
available for public inspection in—
(A)the Office of the
Chief of the Forest Service; and
(B)the Office of the
Director of the Bureau of Land Management.
(4)Conflict between
map and legal descriptionIn the case of a conflict between the
map and the legal description filed under paragraph (1), the map shall
control.
(c)The Secretary shall administer the
Wilderness—
(1)in a manner that
maintains and restore the wilderness character of the Wilderness; and
(2)in accordance
with—
(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
(B)the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328).
(d)Incorporation of
Acquired Land and InterestsAny land within the boundary of the
Wilderness that is acquired by the United States shall—
(1)become part of the
Wilderness; and
(2)be managed in
accordance with—
(A)this section;
and
(B)any other
applicable laws.
(e)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.
(f)
(1)Nothing in this section creates any protective perimeter
or buffer zone around the Wilderness.
(2)Activities
outside wildernessThe 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.
(g)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—
(1)entry,
appropriation, or disposal under the public land laws;
(2)location, entry,
and patent under the mining laws; and
(3)disposition under
all laws relating to mineral and geothermal leasing or mineral
materials.
(h)Protection of
tribal rightsNothing in this
section diminishes—
(1)any rights of an
Indian tribe in existence on the date of enactment of this Act; or
(2)any tribal rights
regarding access to the Wilderness for tribal activities, including spiritual,
cultural, and traditional food gathering activities.
4.Wild and scenic
river designations, Wasson Creek and Franklin Creek, OregonSection 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 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.
(B)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.
(209)
(A)The following segments of Wasson Creek, Oregon:
(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.
(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.
(B)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.
.
1.This Act may be cited as the
Devil’s Staircase Wilderness Act of
2010
.
2.In this Act:
(1)The
term map means the map entitled Devil’s Staircase
Wilderness Proposal
and dated June 15, 2010.
(2)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)The
term State means the State of Oregon.
(4)The
term Wilderness means the Devil’s Staircase Wilderness designated
by section 3(a).
3.Devil’s staircase
wilderness, Oregon
(a)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)
(1)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)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)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)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)Nothing in this section affects the jurisdiction or
responsibilities of the State with respect to fish and wildlife in the
State.
(e)
(1)Nothing in this section creates any protective perimeter
or buffer zone around the Wilderness.
(2)Activities outside
wildernessThe 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
RightsNothing in this section diminishes any treaty rights of an
Indian tribe.
(g)Transfer of
administrative jurisdiction
(1)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)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.
4.Wild and Scenic River
designations, Wasson Creek and Franklin Creek, OregonSection 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)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)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.
.
August 5, 2010
Reported with an amendment and an amendment to the
title