[Congressional Record Volume 157, Number 193 (Thursday, December 15, 2011)]
[Senate]
[Pages S8681-S8684]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL:
  S. 2000. A bill to amend the copyright law to secure the rights of 
artists of works of visual art to provide for royalties, and for other 
purposes; to the Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce the Equity for 
Visual Artists Act of 2011. This bill would enable visual artists to 
benefit from their copyrights in a meaningful way similar to other 
creators of literary and artistic works such as authors, playwrights 
and composers. It provides for the payment of a copyright royalty long 
recognized in international law to be paid at the time a work of visual 
art is sold at auction in the United States. Half of this royalty 
payment will go directly to the artists or their estate and the other 
half will be made available to nonprofit American art museums as an 
endowment to be used by them to purchase the works of living American 
artists so that these works may be freely enjoyed by everyone.
  Like all authors, the primary legal right of an artist in his or her 
work is the copyright. Yet, visual artists stand alone within America's 
creative community in their inability to gain any significant income 
under existing copyright law. As an example, creators of music will 
collect nearly $2 billion in copyright royalty payments this year. By 
contrast, America's visual artists receive only a tiny amount of 
copyright income, primarily when their works are reproduced in 
publications such as museum catalogues. Visual art often generates 
money only when the original work itself is first sold. The vast 
majority of money-making sales are not by artists themselves but by 
collectors, dealers and auction houses who trade in their works after 
their first sale. Under current law artists receive no income from 
these sales.
  For nearly 100 years international copyright law under the Berne 
Convention on Literary and Artistic Works, of which the United States 
is a party, has given artists a right to royalties each time their 
works are resold. However, unlike other rights protected under the 
Convention, individual countries are not required to recognize the 
artists' resale right. While over 40 other countries, including all 
members of the European Union, provide their artists with income from 
resale of their works, the United States does not. Under the 
Convention's reciprocity rule, these countries will only pay royalties 
to artists from countries that also recognize the resale right. As a 
result, American artists receive no money from these sales.
  In 1990, Congress enacted the Visual Artists Rights Act that asked 
the Copyright Office to study the issue of resale royalties and report 
back with recommendations. The Copyright Office reported back to 
Congress that creation of new artworks would be encouraged by adoption 
of the Berne Convention provisions on resale rights, but it recommended 
that we wait to see whether the European Union would first require all 
of its member countries to join those like France and Germany who had 
long provided their artists with such a right. In 2001, the European 
Union decided to make resale royalties mandatory throughout its 
territory, underpinning the Copyright Office's initial conclusions 
about the positive effects of introducing resale rights. In 2006, the 
United Kingdom was the last EU country to implement its law.
  In order to make the administration of a resale right as simple as 
possible, the bill would take 7 percent of any sale $10,000 or more 
from only the most public and easily accountable transactions, auction 
sales, and divide the amount by artists or their beneficiaries and non-
profit museums to purchase American art. The legislation would apply 
only to sales by entities that have $25 million per year of cumulative 
sales of visual art. It also excludes entities that solely conduct 
business in online auctions over the Internet. The bill gives primary 
responsibility for collecting and distributing royalties to non-
governmental collecting societies with oversight by the Copyright 
Office and reporting requirements to Congress.
  This legislation is a long overdue step in fulfilling our obligation 
under the Berne Convention to award visual artists the benefits derived 
from the resale of their works, a right that literary and musical 
artists have enjoyed for decades. Under current law, visual artists are 
denied royalties for lucrative sales of their art, and this bill is a 
meaningful start for providing them with just compensation. It is only 
fair that, as stipulated by international law, visual artists profit 
from the appreciation in value of their work.
  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. 2000

       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 ``Equity for Visual Artists 
     Act of 2011''.

     SEC. 2. DEFINITIONS.

       Section 101 of title 17, United States Code, is amended 
     by--
       (1) inserting after the definition of ``architectural 
     work'' the following:

     ``For purposes of section 106(b), `auction' means a public 
     sale run by an entity that sells to the highest bidder works 
     of visual art in which the cumulative amount of such works 
     sold during the previous year is more than $25,000,000 and 
     does not solely conduct the sale of visual art by the entity 
     on the Internet.''.
       (2) inserting after the definition of ``proprietor'' and 
     prior to the definition of ``pseudonymous work'' the 
     following:

     ``For purposes of section 106(b), `price' is the aggregate of 
     all installments paid in cash or in-kind by or on behalf of a 
     purchaser for a work as the result of auction of that 
     work.'';
       (3) inserting at the end of the definition of 
     ``Publication'' the following: ``For purposes of section 
     106(b), in the case of a work of visual art as defined in 
     this section, a publication does not include photographic 
     reproductions or other images of the work, including castings 
     of a sculptural work, made or distributed prior to January 1, 
     1978, in connection with the exhibition of such work by a 
     gallery or museum, whether for purposes of sale of the 
     original work, or in connection with any publication 
     authorized by a gallery or museum in possession of the work 
     regardless of whether such publication was with the consent 
     of the author. In no other circumstances is a work of visual 
     art considered to have been published prior to January 1, 
     1978, unless such publication has been authorized by the 
     express written consent of the author of such work.'';
       (4) inserting after the definition of ``registration'' and 
     prior to the definition of ``sound recordings'' the 
     following:

     ``For purposes of sections 106(b) and 701(b)(5), `sale' means 
     transfer of ownership or physical possession of a work as the 
     result of the auction of that work.''; and
       (5) amending paragraph (1) of the definition of a ``work of 
     visual art'' to read as follows:
       ``(1) a painting, drawing, print, sculpture, or photograph, 
     existing either in the original embodiment or in a limited 
     edition of 200 copies or fewer that bear the signature or 
     other identifying mark of the author and are consecutively 
     numbered by the author, or, in the case of a sculpture in 
     multiple cast, carved, or fabricated sculptures of 200 or 
     fewer that are consecutively numbered by the author and bear 
     the signature or other identifying mark of the author; or''.

     SEC. 3. EXCLUSIVE RIGHTS.

       Section 106 of title 17, United States Code, is amended 
     by--
       (1) inserting ``(a)'' before ``Subject to sections 107 
     through 122''; and
       (2) adding at the end the following:
       ``(b)(1) In this subsection, the term `net royalty' means 
     the royalty amount collected less administrative expenses of 
     the visual artists' collecting society. In no case shall the 
     administrative expenses of the visual artists' collecting 
     society subtracted from the royalty amount collected exceed 
     18 percent.
       ``(2) Whenever a work of visual art is sold as the result 
     of auction of that work by someone other than the artist who 
     is the author of the work, the entity that collects the money 
     or other consideration paid for the sale of the work shall, 
     within 90 days of collecting such money or other 
     consideration, pay out of the proceeds of the sale a royalty 
     equal to 7 percent of the price. Such royalty shall be paid 
     to a visual artists' collecting society. The collecting 
     society shall distribute, no fewer than 4 times per year, 50 
     percent of the net royalty to the artist or his or her 
     successor as copyright owner. After payment to the artist or 
     his or her successor as copyright owner, the remaining 50 
     percent of the net royalty shall be deposited into an escrow 
     account established by the collecting society for the 
     purposes of funding purchases by nonprofit art museums in the 
     United States of works of visual art authored by living 
     artists domiciled in the United States. The right to receive 
     such royalty and the obligation to deposit the remaining 
     share of

[[Page S8682]]

     sale proceeds into the escrow account provided in this 
     subsection may not be waived by the artist or his successor 
     as copyright owner. Failure of the entity collecting the 
     money or other consideration resulting from the sale of the 
     work to pay the royalty provided under this section shall 
     constitute an infringement of copyright. Any such 
     infringement shall be subject to the payment of statutory 
     damages under section 504.
       ``(3) Paragraph (2) shall not apply to the sale of a work 
     for a gross sales price of less than $10,000, or in exchange 
     for property with a fair market value of less than 
     $10,000.''.

     SEC. 4. NOTICE OF COPYRIGHT.

       Section 401 of title 17, United States Code, is amended by 
     adding at the end the following:
       ``(e) Non Applicability to Works of Visual Art.--The 
     provisions of this section shall not apply to a work of 
     visual art.''.

     SEC. 5. COPYRIGHT OFFICE.

       Section 701(b) of title 17, United States Code, is amended 
     by--
       (1) redesignating paragraph (5) as paragraph (6); and
       (2) inserting after paragraph (4) the following:
       ``(5) Issue regulations governing visual artists' 
     collecting societies pursuant to section 106(b), which shall, 
     at a minimum--
       ``(A) establish a process by which entities would be 
     determined to be and designated as visual artists' collecting 
     societies;
       ``(B) require that a visual artists' collecting society 
     authorized to administer royalty collections and 
     distributions under this title shall have had prior 
     experience in licensing the copyrights of authors of works of 
     visual art in the United States, or have been authorized by 
     no fewer than 10,000 authors of works of visual art, either 
     directly or by virtue of reciprocal agreements with foreign 
     collecting societies, to license the rights granted under 
     section 106;
       ``(C) exclude any entity from being considered a visual 
     artists' collecting society where, after having been 
     designated a visual artists' collecting society, the 
     royalties collected for at least 5 consecutive years have not 
     been distributed directly to authors after deduction of 
     administrative expenses;
       ``(D) establish the methodology and procedures pursuant to 
     which visual artists' collecting societies shall make grants 
     to nonprofit museums for the purchase of works with the 
     escrow funds provided in this section, after notice and 
     opportunity to comment, including--
       ``(i) the criteria to be used by the visual artists' 
     collecting societies for application by nonprofit art museums 
     for the purchase of works out of the funds held in escrow for 
     that purpose by such societies;
       ``(ii) the amount of the maximum grant for the purchase of 
     an individual work of visual art;
       ``(iii) the maximum amount that may be granted to a 
     nonprofit museum; and
       ``(iv) criteria for the award of grants when the amounts 
     requested exceed the total amount of funds held in escrow;
       ``(E) require that each such society provide the Register 
     of Copyrights with an annual audit of royalty funds collected 
     under section 106(b)(1) that includes the total amount 
     received from the sales of works of visual art, the total 
     amount paid in distributions to artists or, if deceased, to 
     their successors as owners of copyright, and the total amount 
     paid in grants to each nonprofit museum for the purchase of 
     works of visual art; and
       ``(F) make publicly available an annual report to the 
     Congress setting forth the total amount of royalties received 
     by each visual artists' collecting society and the amount 
     disbursed to each nonprofit art museum receiving a grant or 
     grants from the escrow funds established by each visual 
     artists' collecting society.

     Except as necessary for the report to Congress required 
     pursuant to subparagraph (F), the Register of Copyrights 
     shall not disclose any confidential or proprietary 
     information provided to it in the annual audits made 
     available pursuant to this section.''.

     SEC. 6. COPYRIGHT OFFICE FEES.

       Section 708(a) of title 17, United States Code, is 
     amended--
       (1) by redesignating paragraphs (10) and (11) as paragraphs 
     (11) and (12), respectively;
       (2) by inserting after paragraph (9) the following:
       ``(10) for expenses associated with carrying out its 
     responsibilities under section 701(b)(5), provided that such 
     fees shall be paid out of the total royalty payments received 
     by collecting societies pursuant to section 106(b), before 
     deduction of such societies' administrative expenses; and 
     provided further, that following the initial rulemaking 
     necessary to carry out its obligations under section 
     701(b)(5), such fees shall not exceed 5 percent of the total 
     annual amount of royalties received by such collecting 
     societies;''; and
       (3) in the matter following paragraph (12), as so 
     redesignated, in the second sentence, by striking ``(10) and 
     (11)'' and inserting ``(11) and (12)''.

     SEC. 7. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the date that is 1 year after the date of enactment 
     of this Act.
                                 F_____
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 2001. A bill to expand the Wild Rogue Wilderness Area in the State 
of Oregon, to make additional wild and scenic river designations in the 
Rogue River area, to provide additional protections for Rogue River 
tributaries, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. WYDEN. Mr. President, today I am pleased to introduce legislation 
to expand the Wild Rogue Wilderness Area and expand protections to 
Oregon's iconic Rogue River and its tributaries. I am pleased that 
Senator Merkley is joining me in this effort, and that Congressman 
DeFazio has introduced similar legislation in the House of 
Representatives.
  The Wild Rogue Wilderness and the Rogue River that runs through it 
embody one of the Nation's premier recreation destinations, famous for 
the free flowing waters which provide numerous rafting and fishing 
opportunities. The headwaters of the Rogue River start in one of 
Oregon's other great gems Crater Lake National Park, and the river 
ultimately empties into the Pacific Ocean, near Gold Beach on Oregon's 
southwest 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 a world class rafting river, offering 
everything from one day trips to week long trips through deep forested 
canyons. On the land, the Rogue River trail is also one of Oregon's 
most renowned backpacking routes.
  The legislation I introduce today, the Rogue Wilderness Area 
Expansion Act of 2011, would add 60,000 acres of new wilderness to the 
existing Wild Rogue Wilderness. The Wild Rogue Wilderness expansion 
would protect habitat for bald eagles, osprey, spotted owls, bear, elk, 
cougar, wild coho, wild Chinook, wild steelhead and many others. It 
would also ensure these treasured lands are protected for generations 
to come.
  My legislation would also protect an additional 143 miles of 
tributaries that feed the Rogue River with cold clean water; 93 miles 
would be designated Wild and Scenic Rivers and an additional 50 miles 
would be protected from mining. The areas receiving protection include 
Galice Creek, Little Windy Creek, Jenny Creek, Long Gulch, and 36 other 
tributaries of the Rogue. The Rogue River is one of Oregon's most 
iconic and beloved rivers. It is a river that teems with salmon leaping 
up rapids to spawn, and finds rafters down those very same rapids at 
other times of the year. 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 a handful of rivers in the 
country with runs of green sturgeon. In 2008, American Rivers named the 
Rogue and its tributaries as the second most endangered river in the 
U.S. I am hoping to change that today by introducing legislation to 
protect this river and its tributaries.
  I previously introduced legislation to protect the Rogue River 
tributaries in the last two Congresses. Since that time, I have worked 
with the timber industry and conservationists to find a compromise that 
protects one of America's treasures with additional wilderness 
designations and more targeted protections for the Rogue's tributaries. 
I am pleased that nearly 60 local businesses, and over 100 
organizations and business in total, support protecting the Wild Rogue, 
and that support grows every day. Many of those businesses directly 
benefit from the Wild Rogue and the Rogue River. As I often say, 
protecting these gems is not just good for the environment, but also 
good for the economy. These protected landscapes are powerhouses of the 
recreation economy that draws visitors from around the world to this 
region and the Rogue River is one of Oregon's most important sport and 
commercial fisheries. The Wild Rogue is the second largest salmon 
fishery in Oregon behind the Columbia. The Wild Rogue provides the 
quality of life and recreational opportunities that create an economic 
engine that attracts businesses and brings in tourists from around the 
world. The Rogue River supports 450 local jobs in nearby communities 
like Grants Pass.
  By protecting the Wild Rogue landscape and the tributaries that feed 
the mighty Rogue River, Congress will ensure that future generations 
can raft, fish, hike and enjoy the Wild Rogue as

[[Page S8683]]

it is enjoyed today and that the recreational economy of this region 
remains strong.
  I want to express my thanks to the conservation and business 
communities of southern Oregon, who have worked diligently to protect 
these lands and 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 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 material was ordered to be printed in 
the Record, as follows:

                                S. 2001

       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 ``Rogue Wilderness Area 
     Expansion Act of 2011''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) Map.--The term ``map'' means the map entitled ``Wild 
     Rogue Wilderness Additions'' and dated December 8, 2011.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of Oregon.
       (5) Wilderness additions.--The term ``Wilderness 
     additions'' means the land added to the Wild Rogue Wilderness 
     by section 3(a).

     SEC. 3. EXPANSION OF WILD ROGUE WILDERNESS AREA.

       (a) Expansion.--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) Map; Legal Description.--
       (1) In general.--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) 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 typographical errors in the map and legal 
     description.
       (3) Public availability.--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) Administration.--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) 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 
     additions.
       (2) Activities outside wilderness.--The 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 Rights.--Nothing in this section 
     diminishes any treaty rights of an Indian tribe.
       (g) Withdrawal.--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.

     SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE RIVER AREA.

       (a) Amendments.--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) Rogue, oregon.--
       ``(A) In general.--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) Additions.--In addition to the segment described in 
     subparagraph (A), there are designated the following segments 
     in the Rogue River:
       ``(i) Kelsey creek.--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) East fork kelsey creek.--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) Whisky creek.--

       ``(I) Recreational river.--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) Wild river.--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) East fork whisky creek.--

       ``(I) Wild river.--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) Recreational river.--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) West fork whisky creek.--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) Big windy creek.--

       ``(I) Scenic river.--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) Wild river.--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) Scenic river.--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) Wild river.--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) Little windy creek.--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) Howard creek.--

       ``(I) Scenic river.--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) Wild river.--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) Mule creek.--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) Anna creek.--The approximately 3.5-mile segment of 
     Anna Creek from its headwaters to the confluence with Howard 
     Creek, as a wild river.
       ``(xii) Missouri creek.--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) Jenny creek.--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) Rum creek.--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) East fork rum creek.--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) Wildcat creek.--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) Montgomery creek.--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) Hewitt creek.--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) Bunker creek.--The approximately 6.6-mile segment 
     of Bunker Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xx) Dulog creek.--

       ``(I) Scenic river.--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) Wild river.--The approximately 1.0-mile segment of 
     Dulog Creek from 0.1 miles

[[Page S8684]]

     downstream of road 34-8-36 to the confluence with the Rogue 
     River, as a wild river.

       ``(xxi) Quail creek.--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) Meadow creek.--The approximately 4.1-mile segment 
     of Meadow Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xxiii) Russian creek.--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) Alder creek.--The approximately 1.2-mile segment 
     of Alder Creek from its headwaters to the confluence with the 
     Rogue River, as a wild river.
       ``(xxv) Booze creek.--The approximately 1.5-mile segment of 
     Booze Creek from its headwaters to the confluence with the 
     Rogue River, as a wild river.
       ``(xxvi) Bronco creek.--The approximately 1.8-mile segment 
     of Bronco Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xxvii) Copsey creek.--The approximately 1.5-mile segment 
     of Copsey Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xxviii) Corral creek.--The approximately 0.5-mile 
     segment of Corral Creek from its headwaters to the confluence 
     with the Rogue River, as a wild river.
       ``(xxix) Cowley creek.--The approximately 0.9-mile segment 
     of Cowley Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xxx) Ditch creek.--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) Francis creek.--The approximately 0.9-mile segment 
     of Francis Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xxxii) Long gulch.--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) Bailey creek.--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) Shady creek.--The approximately 0.7-mile segment 
     of Shady Creek from its headwaters to the confluence with the 
     Rogue River, as a wild river.
       ``(xxxv) Slide creek.--

       ``(I) Scenic river.--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) Wild river.--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) Management.--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) Withdrawal.--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.

     SEC. 5. ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES.

       (a) Licensing by Commission.--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) Other Agencies.--
       (1) In general.--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) Effect.--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) Withdrawal.--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 Segments.--The following are the 
     stream segments referred to in subsection (a):
       (1) Kelsey creek.--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) East fork kelsey creek.--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) East fork whisky creek.--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) Little windy creek.--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) Mule creek.--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) Missouri creek.--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) Jenny creek.--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) Rum creek.--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) East fork rum creek.--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) Hewitt creek.--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) Quail creek.--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) Russian creek.--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) Ditch creek.--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) Long gulch.--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) Bailey creek.--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) Quartz creek.--The approximately 3.3-mile segment of 
     Quartz Creek from its headwaters to its confluence with the 
     North Fork Galice Creek.
       (17) North fork galice creek.--The approximately 5.7-mile 
     segment of the North Fork Galice Creek from its headwaters to 
     its confluence with Galice Creek.
       (18) Grave creek.--The approximately 10.2-mile segment of 
     Grave Creek from the confluence of Wolf Creek downstream to 
     the confluence with the Rogue River.
       (19) Centennial gulch.--The approximately 2.2-mile segment 
     of Centennial Gulch from its headwaters to its confluence 
     with the Rogue River.
       (20) Galice creek.--The approximately 2.2-mile segment of 
     Galice Creek from the confluence with the South Fork Galice 
     Creek downstream to the Rogue River.
                                 ______