[Senate Report 111-257]
[From the U.S. Government Publishing Office]
Calendar No. 527
111th Congress Report
SENATE
2d Session 111-257
======================================================================
DEVIL'S STAIRCASE WILDERNESS ACT
_______
August 5, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1272]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1272) to provide for the designation of
the Devil's Staircase Wilderness Area in the State of Oregon,
to designate segments of Wasson and Franklin Creeks in the
State of Oregon as wild or recreation rivers, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and an amendment to the title and recommends
that the bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Devil's Staircase Wilderness Act of
2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Devil's
Staircase Wilderness Proposal'' and dated June 15, 2010.
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(3) State.--The term ``State'' means the State of Oregon.
(4) Wilderness.--The term ``Wilderness'' means the Devil's
Staircase Wilderness designated by section 3(a).
SEC. 3. DEVIL'S STAIRCASE WILDERNESS, OREGON.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 30,540 acres of Forest Service land
and Bureau of Land Management land in the State, as generally depicted
on the map, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the ``Devil's
Staircase Wilderness''.
(b) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Wilderness.
(2) Force of law.--The map and legal description prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service and
Bureau of Land Management.
(c) Administration.--Subject to valid existing rights, the area
designated as wilderness by this section shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date shall be
considered to be a reference to the date of enactment of this
Act; and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary that has
jurisdiction over the land within the Wilderness.
(d) 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.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside the Wilderness
can be seen or heard within the Wilderness shall not preclude
the activity or use outside the boundary of the Wilderness.
(f) Protection of Tribal Rights.--Nothing in this section
diminishes any treaty rights of an Indian tribe.
(g) Transfer of Administrative Jurisdiction.--
In general.--Administrative jurisdiction over the
approximately 49 acres of Bureau of Land Management land north
of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is
transferred from the Bureau of Land Management to the Forest
Service.
(2) Administration.--The Secretary shall administer the land
transferred by paragraph (1) in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to
the National Forest System.
SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN
CREEK, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
``(210) Franklin creek, oregon.--The 4.5-mile segment from
its headwaters to the line of angle points within sec. 8, T. 22
S., R. 10 W., shown on the survey recorded in the Official
Records of Douglas County, Oregon, as M64-62, to be
administered by the Secretary of Agriculture as a wild river.
``(211) Wasson creek, oregon.--The 10.1-mile segment in the
following classes:
``(A) The 4.2-mile segment from the eastem boundary
of sec. 17, T. 21 S., R. 9 W., downstream to the
western boundary of sec. 12, T. 21 S., R. 10 W., to be
administered by the Secretary of the Interior as a wild
river.
``(B) The 5.9-mile segment from the western boundary
of sec. 12, T. 21 S., R. 10 W., downstream to the
eastern boundary of the northwest quarter of sec. 22,
T. 21 S., R. 10 W., to be administered by the Secretary
of Agriculture as a wild river.''.
2. Amend the title so as to read: ``A bill to provide for
the designation of the Devil's Staircase Wilderness Area in the
State of Oregon, to designate segments of Wasson and Franklin
Creeks in the State of Oregon as components of the National
Wild and Scenic Rivers System, and for other purposes.''.
Purpose
The purpose of S. 1272 is to designate approximately 30,540
acres of Federal land in the State of Oregon as the Devil's
Staircase Wilderness Area and to amend the Wild and Scenic
Rivers Act to designate approximately 10.1 miles of Wasson
Creek and 4.5 miles of Franklin Creek in the State of Oregon as
``wild rivers.''
Background and Need
The Devil's Staircase area is part of the Oregon Coast
Range on the west coast of Oregon, northwest of Elkton. The
terrain is steep, wild, and remote, and is home to two
threatened bird species: the northern spotted owl and the
marbled murrelet. The name ``Devil's Staircase'' comes from a
stair-step waterfall on Wasson Creek.
Approximately 23,660 acres of the land proposed for
wilderness designation are managed by the Forest Service as
Late Successional Reserves in the Siuslaw National Forest. The
Bureau of Land Management (``BLM'') manages approximately 6,880
acres of the land proposed for wilderness designation, most of
which is revested Oregon and California Railroad land. The BLM
land currently is administratively protected as an Area of
Critical Environmental Concern and through other protective
classifications.
The creeks proposed for designation under the Wild and
Scenic Rivers Act are characterized by outstanding scenic,
recreational, and ecological values, and have been identified
as critical habitat for coho salmon, a threatened species under
the Endangered Species Act.
Legislative History
S. 1272 was introduced by Senators Wyden and Merkley on
June 16, 2009. The Subcommittee on Public Lands and Forests
held a hearing on the bill on October 8, 2009 (S. Hrg. 111-
285). The Committee on Energy and Natural Resources considered
the bill and adopted an amendment in the nature of a substitute
and an amendment to the title at its business meeting on June
16, 2010. The Committee ordered S. 1272 favorably reported, as
amended, at its business meeting on June 21, 2010.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 21, 2010, by a voice vote of a quorum
present, recommends that the Senate pass S. 1272, if amended as
described herein.
Committee Amendment
During consideration of S. 1272, the Committee adopted an
amendment in the nature of a substitute and an amendment to the
title. The amendment includes a new map depicting the land
proposed for wilderness designation, which includes a number of
minor boundary adjustments to exclude roads and power lines,
for example. The amendment also provides for the transfer of
administrative jurisdiction over a parcel of approximately 49
acres of BLM land in the proposed Devil's Staircase Wilderness
to the Forest Service. The amendment is explained in detail in
the section-by-section analysis below.
Section-by-Section Analysis
Section 1 provides the short title for the bill, the
``Devil's Staircase Wilderness Act of 2010.''
Section 2 defines key terms used in the bill.
Section 3(a) designates approximately 30,540 acres of
Federal land managed by the Forest Service and BLM as the
Devil's Staircase Wilderness.
Subsection (b) directs the Secretary to prepare a map and
legal description of the Wilderness and to make it publically
available.
Subsection (c) provides that the designation of the Devil's
Staircase Wilderness shall be administered in accordance with
the Wilderness Act, except as provided in paragraphs (1) and
(2) and subject to valid existing rights. The Committee is
aware that the Forest Service's records indicate that some
parcels of National Forest land within the proposed wilderness
are subject to an existing undeveloped easement, including in
sec. 15, T. 21 S., R. 10 W. This provision reiterates that the
application of the Wilderness Act to the Federal land is
subject to and would not interfere with the exercise of any
valid existing easements.
Subsection (d) clarifies that the wilderness designation
does not affect the State of Oregon's jurisdiction with respect
to fish and wildlife.
Subsection (e) clarifies that the wilderness designation
does not create a buffer or preclude non-wilderness activities
outside of the wilderness.
Subsection (f) confirms that the wilderness designation
does not diminish any tribal treaty rights.
Subsection (g) transfers administrative jurisdiction over
approximately 49 acres of BLM land to the Forest Service, to be
administered in accordance with the ``Weeks Law'' (16 U.S.C.
480 et seq.) and other laws applicable to the National Forest
System.
Section 4 amends the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) to add approximately 4.5 miles of Franklin Creek and
approximately 10.1 miles in two segments of Wasson Creek to be
administered by the Secretaries of Agriculture and the Interior
as wild rivers.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1272--Devil's Staircase Wilderness Act of 2010
S. 1272 would designate about 30,520 acres of federal land
in Oregon as the Devil's Staircase Wilderness. The bill would
also designate about 15 miles of creeks in the area as wild
rivers under the Wild and Scenic Rivers Act. Based on
information provided by the agencies that administer those
areas, CBO estimates that implementing S. 1272 would have no
significant effect on the federal budget. Enacting S. 1272
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures would not apply.
The acreage and waterways to be added by S. 1272 to the
National Wilderness Preservation system or the Wild and Scenic
Rivers System are already owned by the federal government and
are currently administered--by either the Forest Service or the
Bureau of Land Management (BLM)--for conservation purposes. CBO
expects that designating those areas as wilderness would not
raise the costs of managing or protecting them. We estimate
that any costs to revise brochures, maps, and signs to reflect
the new designations would be minimal because most such
revisions would take place in conjunction with scheduled
reprinting and routine maintenance.
Finally, CBO estimates that enacting S. 1272 would have no
effect on Forest Service or BLM offsetting receipts. The lands
that would be designated as wilderness under the bill are
already managed for conservation purposes and produce no income
from commercial activities.
S. 1272 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On November 5, 2009, CBO transmitted an estimate for H.R.
2888, the Devil's Staircase Wilderness Act of 2009, as ordered
reported by the House Committee on Natural Resources on October
28, 2009. H.R. 2888 and S. 1272 are very similar, and the
estimated budgetary effects of the two bills are the same.
The CBO staff contacts for this estimate are Alan Eder and
Deborah Reis. The estimate was approved by Peter H. Fontaine,
Assistant Director for Budget Analysis.
Regulatory Impact Evalution
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1272.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1272, as ordered reported.
Congressionally Directed Spending
S. 1272, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The views of the Department of Agriculture and the
Department of the Interior were included in testimony received
by the Committee at a hearing on S. 1272 on October 8, 2009,
which is printed below:
Statement of Jay Jensen, Deputy Under Secretary for Forestry, Natural
Resources and Environment, Department of Agriculture
Mr. Chairman, Honorable Ranking Member and distinguished
members of the Committee, thank you for the opportunity to
speak with you today about bills that address Wilderness
designations in the coastal Douglas-fir forests of Oregon and
Native land claims in Alaska. I will open my testimony by
addressing the designation of Devil's Staircase and followed by
the Southeast Alaska Native Land Entitlement Finalization Act.
S. 1272 would designate an area known as the Devil's
Staircase as Wilderness under the National Wilderness
Preservation System. In addition, S. 1272 would designate
segments of Wasson and Franklin Creeks in the State of Oregon
as wild rivers under the Wild and Scenic Rivers Act. The
Department supports the designation of the Devil's Staircase
Wilderness as well as the Wild and Scenic River designations on
National Forest System lands. We would like to offer minor
modifications to S. 1272 that would enhance wilderness values
and improve our ability to manage resources in the area.
DEVIL'S STAIRCASE WILDERNESS DESIGNATION
The Devil's Staircase area lies in the central Oregon Coast
Range, north of the Umpqua River and south of the Smith River.
Elevations in the area range from near sea level to about 1,600
feet. The area is characterized by steep, highly dissected
terrain. It is quite remote and difficult to access. A stair
step waterfall on Wasson Creek is the source of the name
Devil's Staircase.
The proposed Wilderness encompasses approximately 29,600
acres of National Forest System (NFS) and Bureau of Land
Management (BLM) lands. NFS lands are approximately 23,500
acres, and BLM lands are approximately 6,100 acres.
Approximately 7,800 acres of the NFS lands are within the
Wasson Creek Undeveloped Area under the Forest Plan for the
Siuslaw National Forest and were evaluated for wilderness
characteristics in the 1990 Siuslaw National Forest Land and
Resource Management Plan. While the Forest Service remains
committed to the forest planning process, the agency did not
have the opportunity to recommend wilderness during the
development of the 1990 Siuslaw National Forest Land and
Resource Management Plan. Congress passed Public Law 98-328,
the Oregon Wilderness Act of 1984. That Act provided specific
language regarding the wilderness recommendation process that
exempted the Forest Service from having to further review a
wilderness option for unroaded lands in the forest planning
process since Congress had just acted on the matter. The Act
does specify that during a forest plan revision the agency be
required to revisit the wilderness options. For this reason,
the Siuslaw National Forest Land and Resource Management Plan
did not include a wilderness recommendation. The 1990 Record of
Decision determined that the Wasson Creek inventoried Roadless
Area would be managed for undeveloped recreation opportunities.
All NFS lands that would be designated as Wilderness are
classified as Late Successional Reserve under the Northwest
Forest Plan, which amended the Siuslaw National Forest Land and
Resource Management Plan in 1994. This land allocation provides
for the preservation of old growth (late successional) habitat.
There are no planned resource management or developed
recreation projects within the NFS portion of the lands to be
designated as Wilderness.
Most of the area is forested with older stands of Douglas-
fir and western hemlock, and red alder in riparian areas. All
three tree species are under-represented in the National
Wilderness Preservation System, relative to their abundance on
NFS lands in Washington and Oregon. These older stands provide
critical habitat and support nesting pairs of the northern
spotted owl and marbled murrelet, which are listed as
Threatened species under the Endangered Species Act.
The proposed Devil's Staircase Wilderness provides an
outstanding representation of the Oregon Coast Range and would
enhance the National Wilderness Preservation System. The Oregon
Coast Range has been largely modified with development, roads,
and logging. Three small wilderness areas currently exist along
the Oregon portion of the Pacific Coast Range, and the proposed
Devil's Staircase Wilderness would more than double the acres
of old-growth coastal rainforest in a preservation status.
Wilderness designation would also preserve the Devil's
Staircase, which is a unique landscape feature.
ROAD AND ROAD DECOMMISSIONING
There are approximately 24 miles of National Forest System
roads within the proposal boundary, 10.5 miles of which are not
needed for administrative use and would be decommissioned or
obliterated.
The remaining 13.5 miles of road comprise Forest Service
Road 4100, which bisects the proposed wilderness. The
Department recommends the Committee consider including in the
Wilderness designation Forest Service Road 4100 to be managed
as a non-motorized, foot and/or horse trail compatible with
wilderness uses. Removing the road would result in the
Department being able to manage the wilderness as a whole
rather than two halves. The road is currently brushy and
difficult to travel, making restoration of a wilderness setting
a viable option. The Forest Service would use a minimum-tool
analysis to determine the appropriate tools necessary to
complete activities associated with the road.
WILD AND SCENIC RIVER DESIGNATIONS
S. 1272 would also designate approximately 10.4 miles of
streams on National Forest System lands as part of the National
Wild and Scenic Rivers System: 5.9 miles of Wasson Creek and
4.5 miles of Franklin Creek, both on the Siuslaw National
Forest. Both Wasson and Franklin Creeks have been identified by
the National Marine Fisheries Service (NMFS) as critical
habitat for coho salmon (Oregon Coast ESU [Evolutionarily
Significant Unit] of coho salmon), a Threatened species under
the Endangered Species Act.
The Department defers to the Department of the Interior
concerning the proposal to designate the 4.2-mile segment of
Wasson Creek flowing on lands administered by BLM.
The Forest Service conducted an evaluation of the Wasson
and Franklin Creeks to determine their eligibility for wild and
scenic rivers designation as part of the forest planning
process for the Siuslaw National Forest. However, the agency
has not conducted a wild and scenic river suitability study,
which provides the basis for determining whether to recommend a
river as an addition to the National System. Wasson Creek was
found eligible as it is both free-flowing and possesses
outstandingly remarkable scenic, recreational and ecological
values. The Department supports designation of the 5.9 miles of
the Wasson Creek on NFS lands based on the segment's
eligibility.
At the time of the evaluation in 1990, Franklin Creek,
although free flowing, was found not to possess river-related
values significant at a regional or national scale and was
therefore determined ineligible for designation. Subsequent to
the 1990 eligibility study, the Forest Service has found that
Franklin Creek provides critical habitat for coho salmon,
currently listed as Threatened under the Endangered Species
Act, and also serves as a reference stream for research because
of its relatively pristine character, which is extremely rare
in the Oregon Coast Range. The Department does not oppose its
designation. Designation of the proposed segments of both
Wasson and Franklin Creeks is consistent with the proposed
designation of the area as wilderness. The actual Devil's
Staircase landmark is located on Wasson Creek.
We would like to work with the bill sponsors and the
committee on several amendments and map revisions that we
believe would enhance wilderness values and improve the bill.
------
Statement of Marcilynn A. Burke, Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for inviting the Department of the Interior to
testify on S. 1272, the Devil's Staircase Wilderness Act of
2009. The Bureau of Land Management (BLM) supports S. 1272 as
it applies to lands we manage, and we would like to work with
the sponsor and the Committee on minor refinements to the
bills.
BACKGROUND
The proposed Devil's Staircase Wilderness, near the coast
of southwestern Oregon, is not for the faint of heart. Mostly
wild land and difficult to access, the Devil's Staircase
reminds us of what much of this land looked like hundreds of
years ago. A multi-storied forest of Douglas fir and western
hemlock towers over underbrush of giant ferns, providing
critical habitat for the threatened Northern Spotted Owl and
Marbled Murrelet. The remote and rugged nature of this area
provides a truly wild experience for any hiker.
S. 1272
S. 1272 proposes to designate nearly 30,000 acres as
wilderness, as well as portions of both Franklin Creek and
Wasson Creek as components of the Wild and Scenic Rivers
System. The majority of these designations are on lands managed
by the U.S. Forest Service. The Department of the Interior
defers to the U.S. Department of Agriculture on those
designations.
Approximately 6,100 acres of the proposed Devil's Staircase
Wilderness and 4.2 miles of the Wasson Creek proposed
designation are within lands managed by the BLM. The Department
of the Interior supports these designations and would like to
work with the sponsor and the Committee on minor boundary
modifications to improve manageability.
We note that while the vast majority of the acres proposed
for designation are Oregon & California (O&C) lands, identified
under the 1937 O&C Lands Act for timber production, however,
the BLM currently restricts timber production on these lands.
These lands are administratively withdrawn from timber
production by the BLM, either through designation as an Area of
Critical Environmental Concern or through other
classifications. Additionally, the BLM estimates that nearly 90
percent of the area proposed for designation is comprised of
forest stands that are over 100 years old, and provides
critical habitat for the threatened Marbled Murrelet and
Northern Spotted Owl.
The 4.2 miles of Wasson Creek would be designated as a wild
river to be managed by the BLM under S. 1272. The majority of
the acres protected through this designation would be within
the proposed Devil's Staircase wilderness designation, though
752 acres would be outside the proposed wilderness on adjacent
BLM lands.
The designations identified on BLM-managed lands under S.
1272 would result in only minor modification of current
management of the area and would preserve these wild lands for
future generations.
CONCLUSION
Thank you for the opportunity to testify in support of
these important Oregon designations. The Department of the
Interior looks forward to working with the sponsors and the
Committee on minor modifications to the legislation and to
welcoming these units into the BLM's National Landscape
Conservation System.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1272, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
WILD AND SCENIC RIVERS ACT
(Public Law 90-542; Approved October 2, 1968)
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes.
* * * * * * *
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designed as components of the national wild
and scenic rivers system:
* * * * * * *
(210) Franklin creek, oregon.--The 4.5-mile segment
from its headwaters to the line of angle points within
sec. 8, T. 22 S., R. 10 W., shown on the survey
recorded in the Official Records of Douglas County,
Oregon, as M64-62, to be administered by the Secretary
of Agriculture as a wild river.
(211) Wasson creek, oregon.--The 10.1-mile segment in
the following classes:
(A) The 4.2-mile segment from the eastern
boundary of sec. 17, T. 21 S., R. 9 W.,
downstream to the western boundary of sec. 12,
T. 21 S., R. 10 W., to be administered by the
Secretary of the Interior as a wild river.
(B) The 5.9-mile segment from the western
boundary of sec. 12, T. 21 S., R. 10 W.,
downstream to the eastern boundary of the
northwest quarter of sec. 22, T. 21 S., R. 10
W., to be administered by the Secretary of
Agriculture as a wild river.
* * * * * * *