1.This Act may be cited as the
Rogue Wilderness Area Expansion Act of
2011
.
2.In this Act:
(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 section 3(a).
3.Expansion of
wild rogue wilderness area
(a)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.
(b)
(1)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 subsection (a), with—
(A)the Committee on
Energy and Natural Resources of the Senate; and
(B)the Committee on
Natural Resources of the House of Representatives.
(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 typographical 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 the appropriate
offices of the Bureau of Land Management.
(c)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—
(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.
(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 additions.
(2)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.
(f)Protection of
Tribal RightsNothing in this section diminishes any treaty
rights of an Indian tribe.
(g)Subject
to valid existing rights, the Wilderness additions are 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 pertaining to mineral and geothermal leasing or mineral
materials.
4.Wild and scenic river
designations, Rogue River area
(a)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.
.
(b)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 subsection (a)) shall be
managed as part of the Rogue Wild and Scenic River.
(c)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 subsection (a)) 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 pertaining to mineral and geothermal leasing or mineral
materials.
5.Additional
protections for Rogue River tributaries
(a)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 subsection
(d).
(b)
(1)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 subsection (d), except to maintain or repair water resources projects in
existence on the date of enactment of this Act.
(2)Nothing
in this subsection prohibits any department or agency of the United States in
assisting by loan, grant, license, or otherwise, a water resources
project—
(A)the primary
purpose of which is ecological or aquatic restoration; and
(B)that provides a
net benefit to water quality and aquatic resources.
(c)Subject
to valid existing rights, the Federal land located within a
1/4 mile on either side of the stream segments described
in subsection (d), 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 pertaining to mineral and geothermal leasing or mineral
materials.
(d)Description of
Stream segmentsThe following are the stream segments referred to
in subsection (a):
(1)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.
(2)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.
(3)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.
(4)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.
(5)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.
(6)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.
(7)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.
(8)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.
(9)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.
(10)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.
(11)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.
(12)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.
(13)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.
(14)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.
(15)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.
(16)The approximately 3.3-mile segment of Quartz Creek from its
headwaters to its confluence with the North Fork Galice Creek.
(17)The approximately 5.7-mile segment of the North Fork
Galice Creek from its headwaters to its confluence with Galice Creek.
(18)The approximately 10.2-mile segment of Grave Creek from the
confluence of Wolf Creek downstream to the confluence with the Rogue
River.
(19)The approximately 2.2-mile segment of Centennial Gulch from
its headwaters to its confluence with the Rogue River.
(20)The approximately 2.2-mile segment of Galice Creek from the
confluence with the South Fork Galice Creek downstream to the Rogue
River.