[Congressional Record Volume 154, Number 101 (Wednesday, June 18, 2008)]
[Senate]
[Pages S5758-S5760]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN:
  S. 3149. A bill to amend the Wild and Scenic Rivers Act to add 
certain segments to the Rogue River designation, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. WYDEN. Mr. President, the second piece of legislation I introduce 
today is the Lower Rogue Wild and Scenic Rivers Act. The Rogue River is 
a much beloved piece of Oregon's beautiful landscape. This bill will 
protect the waters that feed it.
  Protecting the wild and scenic tributaries to the Rogue River is a 
critical step in protecting the backbone of one of Oregon's most 
important sport and commercial fisheries. In 2008, the American Rivers 
Organization named the Rogue and its tributaries as the second most 
endangered river in our country. I am hoping to change that today by 
introducing this legislation which would protect 143 miles of wild and 
scenic tributaries that feed the Rogue River with cold, clean water.
  The Rogue River is one of our Nation's premier recreation 
destinations, famous for its free flowing waters which provide numerous 
rafting and fishing opportunities. The headwaters of this great river 
start in one of Oregon's other great gems--Crater Lake National Park--
and ultimately empty into the Pacific Ocean near Gold Beach on the 
Southwest Oregon coast. Along that stretch, the Rogue River flows 
through one of the most spectacular canyons and diverse natural areas 
in the United States. The Rogue River is home to runs of coho, spring 
and fall chinook, winter and summer steelhead--and it has the special 
distinction of being one of only several rivers in the country with 
runs of green sturgeon.
  The Rogue River received its first protections in the original Wild 
and Scenic Rivers Act, in 1968. A narrow stretch of land was protected 
along the river banks. Since that time, a great deal has been learned 
about the importance of protecting the tributaries that feed into the 
main stem of the Rogue. Protecting the wild and scenic tributaries to 
the Rogue River is a critical step in protecting the backbone of one of 
Oregon's most important sport and commercial fisheries.
  In 2008, American Rivers named the Rogue and its tributaries as the 
second most endangered river in the U.S. I'm hoping to change that 
today by introducing legislation to protect this river and its 
tributaries. My proposal would protect 143 miles of wild and scenic 
tributaries that feed the Rogue River with cold clean water. The 
protected tributaries would include Galice Creek, Little Windy Creek, 
Jenny Creek, Long Gulch--and 36 other tributaries of the Rogue.
  By protecting the tributaries that feed this mighty river, I will 
seek to protect the Rogue River for future generations so they can 
enjoy the Rogue River as we do today. My colleagues in the House of 
Representatives, Representatives DeFazio, Hooley, Blumenauer and Wu 
will be introducing companion legislation in the House today. I want to 
express my thanks to the conservation and business communities of 
Southern Oregon, who have worked diligently to protect these waters and 
enable the outdoor recreationists to use and enjoy these rivers. I look 
forward to working with my House colleagues and the bill's other 
supporters to advance our legislation to the President's desk.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3149

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

     SECTION 1. SHORT TITLE.

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

     SEC. 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.--

[[Page S5759]]

       ``(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

[[Page S5760]]

       (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.
                                 ______