[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.
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