[Senate Report 115-439]
[From the U.S. Government Publishing Office]
Calendar No. 726
115th Congress } { Report
SENATE
2d Session } { 115-439
======================================================================
OREGON WILDLANDS ACT
_______
December 19, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1548]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1548) to designate certain land
administered by the Bureau of Land Management and the Forest
Service in the State of Oregon as wilderness and national
recreation areas and to make additional wild and scenic river
designations in the State of Oregon, and for other purposes,
having considered the same, reports favorably thereon with an
amendment in the nature of a substitute and recommends that the
bill, as amended, do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Oregon Wildlands
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--RECREATION AREAS
Sec. 101. Rogue Canyon and Molalla Recreation Areas, Oregon.
TITLE II--ADDITIONAL WILD AND SCENIC RIVER DESIGNATIONS AND TECHNICAL
CORRECTIONS
Sec. 201. Additions to Rogue Wild and Scenic River.
Sec. 202. Technical corrections to the Wild and Scenic Rivers Act.
Sec. 203. Wild and scenic river designations, Wasson Creek and Franklin
Creek, Oregon.
Sec. 204. Wild and scenic river designations, Molalla River, Oregon.
Sec. 205. Designation of additional wild and scenic rivers.
TITLE III--WILDERNESS AREAS
Sec. 301. Expansion of Wild Rogue Wilderness Area.
Sec. 302. Devil's Staircase Wilderness.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to
public land administered by the Secretary of the
Interior; or
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(2) State.--The term ``State'' means the State of Oregon.
TITLE I--RECREATION AREAS
SEC. 101. ROGUE CANYON AND MOLALLA RECREATION AREAS, OREGON.
(a) Designation of Rogue Canyon and Molalla Recreation Areas.--For
the purposes of protecting, conserving, and enhancing the unique and
nationally important recreational, ecological, scenic, cultural,
watershed, and fish and wildlife values of the areas, the following
areas in the State are designated as recreation areas for management by
the Secretary in accordance with subsection (c):
(1) Rogue canyon recreation area.--The approximately 98,150
acres of Bureau of Land Management land within the boundary
generally depicted on the map entitled ``Rogue Canyon
Recreation Area'' and dated September 26, 2018, which is
designated as the ``Rogue Canyon Recreation Area''.
(2) Molalla recreation area.--The approximately 29,884 acres
of Bureau of Land Management land within the boundary generally
depicted on the map entitled ``Molalla Recreation Area'' and
dated September 26, 2018, which is designated as the ``Molalla
Recreation Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall a prepare a map and
legal description of each recreation area designated by
subsection (a).
(2) Effect.--The maps and legal descriptions prepared under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
minor errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
prepared under paragraph (1) shall be available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(c) Administration.--
(1) Applicable law.--The Secretary shall administer each
recreation area designated by subsection (a)--
(A) in a manner that conserves, protects, and
enhances the purposes for which the recreation area is
established; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) Uses.--The Secretary shall only allow those uses of a
recreation area designated by subsection (a) that are
consistent with the purposes for which the recreation area is
established.
(3) Road construction.--
(A) In general.--Except as the Secretary determines
necessary for public safety, no new permanent or
temporary roads shall be constructed (other than the
repair and maintenance of existing roads) within a
recreation area designated by subsection (a).
(B) Effect.--Nothing in this paragraph affects the
administration by the Secretary of the Molalla Forest
Road in accordance with applicable resource management
plans.
(4) Vegetation management.--Nothing in this section prohibits
the Secretary from conducting vegetation management projects
within a recreation area designated by subsection (a) to the
extent consistent with the purposes of the recreation area.
(5) Withdrawal.--Subject to valid existing rights, all
Federal surface and subsurface land within a recreation area
designated by subsection (a) is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) laws pertaining to mineral and geothermal leasing
and mineral materials.
(d) Adjacent Management.--Nothing in this section creates any
protective perimeter or buffer zone around a recreation area designated
by subsection (a).
TITLE II--ADDITIONAL WILD AND SCENIC RIVER DESIGNATIONS AND TECHNICAL
CORRECTIONS
SEC. 201. ADDITIONS TO ROGUE WILD AND SCENIC RIVER.
(a) In General.--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 6.8-
mile segment of Kelsey Creek from the Wild
Rogue Wilderness boundary in T. 32 S., R. 9 W.,
sec. 25, Willamette Meridian, to the confluence
with the Rogue River, as a wild river.
``(ii) East fork kelsey creek.--
``(I) Scenic river.--The
approximately 0.2-mile segment of East
Fork Kelsey Creek from headwaters
downstream to the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W., sec. 5,
Willamette Meridian, as a scenic river.
``(II) Wild river.--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 1.6-mile segment of
Whisky Creek from the confluence of the
East Fork and West Fork to the south
boundary of the non-Federal land in T.
33 S., R. 8 W., sec. 17, Willamette
Meridian, as a recreational river.
``(II) Wild river.--The approximately
1.2-mile segment of Whisky Creek from
road 33-8-23 to the confluence with the
Rogue River, as a wild river.
``(iv) East fork whisky creek.--
``(I) Scenic river.--The
approximately 0.9-mile segment of East
Fork Whisky Creek from its headwaters
to Wild Rogue Wilderness boundary in T.
33 S., R. 8 W., sec. 11, Willamette
Meridian, as a scenic river.
``(II) 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, downstream to road
33-8-26 crossing, as a wild river.
``(III) Recreational river.--The
approximately 0.3-mile segment of East
Fork Whisky Creek from 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 the East Fork 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 road
34-9-17.1, as a scenic river.
``(II) Wild river.--The approximately
5.8-mile segment of Big Windy Creek
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 road 34-8-36, as a scenic
river.
``(II) Wild river.--The approximately
3.7-mile segment of East Fork Big Windy
Creek from road 34-8-36 to the
confluence with Big Windy Creek, as a
wild river.
``(viii) Little windy creek.--
``(I) Scenic river.--The
approximately 1.2-mile segment of
Little Windy Creek from its headwaters
to the Wild Rogue Wilderness boundary
in T. 33 S., R. 9 W., sec. 34,
Willamette Meridian, as a scenic river.
``(II) Wild river.--The approximately
1.9-mile segment of Little Windy Creek
from the Wild Rogue Wilderness boundary
in T. 33 S., R. 9 W., sec. 34,
Willamette Meridian, to the confluence
with the Rogue River, as a wild river.
``(ix) Howard creek.--
``(I) Scenic river.--The
approximately 3.5-mile segment of
Howard Creek from its headwaters to
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.
``(III) Wild river.--The
approximately 3.5-mile segment of Anna
Creek from its headwaters to the
confluence with Howard Creek, as a wild
river.
``(x) Mule creek.--
``(I) Scenic river.--The
approximately 3.5-mile segment of Mule
Creek from its headwaters downstream to
the Wild Rogue Wilderness boundary as a
scenic river.
``(II) Wild river.--The approximately
7.8-mile segment of Mule Creek from the
Wild Rogue Wilderness boundary in T. 32
S., R. 9 W., sec. 29, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
``(xi) Missouri creek.--
``(I) Scenic river.--The
approximately 3.1-mile segment of
Missouri Creek from its headwaters
downstream to the Wild Rogue Wilderness
boundary in T. 33 S., R. 10 W., sec.
24, Willamette Meridian, as a scenic
river.
``(II) Wild river.--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.
``(xii) Jenny creek.--
``(I) Scenic river.--The
approximately 3.1-mile segment of Jenny
Creek from its headwaters downstream to
the Wild Rogue Wilderness boundary in
T. 33 S., R. 9 W., sec. 28, Willamette
Meridian, as a scenic river.
``(II) Wild river.--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.
``(xiii) Rum creek.--
``(I) Scenic river.--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, Willamette Meridian,
as a scenic river.
``(II) Wild river.--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.
``(xiv) East fork rum creek.----
``(I) Scenic river.--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, Willamette
Meridian, as a scenic river.
``(II) Wild river.--The approximately
1.3-mile segment of East Fork 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.
``(xv) 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.
``(xvi) 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.
``(xvii) Hewitt creek.----
``(I) Scenic river.--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, Willamette
Meridian, as a scenic river.
``(II) Wild river.--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.
``(xviii) 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.
``(xix) 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
road 34-8-36 to the confluence with the
Rogue River, as a wild river.
``(xx) 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.
``(xxi) 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.
``(xxii) 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.
``(xxiii) 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.
``(xxiv) 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.
``(xxv) 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.
``(xxvi) 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.
``(xxvii) 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.
``(xxviii) 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.
``(xxix) 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.
``(xxx) 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.
``(xxxi) Long gulch.--
``(I) Scenic river.--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, Willamette Meridian,
as a scenic river.
``(II) Wild river.--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.
``(xxxii) Bailey creek.--
``(I) Scenic river.--The
approximately 1.4-mile segment of
Bailey Creek from its headwaters to the
Wild Rogue Wilderness boundary on the
west section line of T. 34 S., R. 8 W.,
sec. 14, Willamette Meridian, as a
scenic river.
``(II) Wild river.--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.
``(xxxiii) 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.
``(xxxiv) Slide creek.--
``(I) Scenic river.--The
approximately 0.5-mile segment of Slide
Creek from its headwaters to road 33-9-
6, as a scenic river.
``(II) Wild river.--The approximately
0.7-mile section of Slide Creek from
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 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)) 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) Additional Protections for Rogue River Tributaries.--
(1) Licensing by commission.--The Federal Energy Regulatory
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
paragraph (4).
(2) Other agencies.--
(A) 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 paragraph (4), except to maintain
or repair water resources projects in existence on the
date of enactment of this Act.
(B) Effect.--Nothing in this paragraph prohibits any
department or agency of the United States in assisting
by loan, grant, license, or otherwise, a water
resources project--
(i) the primary purpose of which is
ecological or aquatic restoration;
(ii) that provides a net benefit to water
quality and aquatic resources; and
(iii) that is consistent with protecting and
enhancing the values for which the river was
designated.
(3) Withdrawal.--Subject to valid existing rights, the
Federal land located within \1/4\ mile on either side of the
stream segments described in paragraph (4), is withdrawn from
all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(4) Description of stream segments.--The following are the
stream segments referred to in paragraph (1):
(A) Kelsey creek.--The approximately 2.5-mile segment
of Kelsey Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 32 S., R. 9 W., sec. 25,
Willamette Meridian.
(B) Grave creek.--The approximately 10.2-mile segment
of Grave Creek from the east boundary of T. 34 S., R. 7
W., sec. 1, Willamette Meridian, downstream to the
confluence with the Rogue River.
(C) Centennial gulch.--The approximately 2.2-mile
segment of Centennial Gulch from its headwaters to its
confluence with the Rogue River in T. 34 S., R. 7, W.,
sec. 18, Willamette Meridian.
(D) 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,
Willamette Meridian.
(E) 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,
Willamette Meridian.
(F) Galice creek.--The approximately 2.2-mile segment
of Galice Creek from the confluence with the South Fork
Galice Creek downstream to the confluence with the
Rogue River in T. 34 S., R. 8 W., sec. 36, Willamette
Meridian.
(G) Quartz creek.--The approximately 3.3-mile segment
of Quartz Creek from its headwaters to its confluence
with the North Fork Galice Creek in T. 35 S., R. 8 W.,
sec. 4, Willamette Meridian.
(H) North fork galice creek.--The approximately 5.7-
mile segment of the North Fork Galice Creek from its
headwaters to its confluence with the South Fork Galice
Creek in T. 35 S., R. 8 W., sec. 3, Willamette
Meridian.
SEC. 202. TECHNICAL CORRECTIONS TO THE WILD AND SCENIC RIVERS ACT.
(a) Chetco, Oregon.--Section 3(a)(69) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)(69)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and indenting
appropriately;
(2) in the matter preceding clause (i) (as so redesignated),
by striking ``The 44.5-mile'' and inserting the following:
``(A) Designations.--The 44.5-mile'';
(3) in clause (i) (as so redesignated)--
(A) by striking ``25.5-mile'' and inserting ``27.5-
mile''; and
(B) by striking ``Boulder Creek at the Kalmiopsis
Wilderness boundary'' and inserting ``Mislatnah
Creek'';
(4) in clause (ii) (as so redesignated)--
(A) by striking ``8-mile'' and inserting ``7.5-
mile''; and
(B) by striking ``Boulder Creek to Steel Bridge'' and
inserting ``Mislatnah Creek to Eagle Creek'';
(5) in clause (iii) (as so redesignated)--
(A) by striking ``11-mile'' and inserting ``9.5-
mile''; and
(B) by striking ``Steel Bridge'' and inserting
``Eagle Creek''; and
(6) by adding at the end the following:
``(B) Withdrawal.--Subject to valid rights, the
Federal land within the boundaries of the river
segments designated by subparagraph (A), is withdrawn
from all forms of--
``(i) entry, appropriation, or disposal under
the public land laws;
``(ii) location, entry, and patent under the
mining laws; and
``(iii) disposition under all laws pertaining
to mineral and geothermal leasing or mineral
materials.''.
(b) Whychus Creek, Oregon.--Section 3(a)(102) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended--
(1) in the paragraph heading, by striking ``Squaw Creek'' and
inserting ``Whychus Creek'';
(2) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively, and indenting appropriately;
(3) in the matter preceding clause (i) (as so redesignated)--
(A) by striking ``The 15.4-mile'' and inserting the
following:
``(A) Designations.--The 15.4-mile''; and
(B) by striking ``McAllister Ditch, including the
Soap Fork Squaw Creek, the North Fork, the South Fork,
the East and West Forks of Park Creek, and Park Creek
Fork'' and inserting ``Plainview Ditch, including the
Soap Creek, the North and South Forks of Whychus Creek,
the East and West Forks of Park Creek, and Park
Creek'';
(4) in clause (ii) (as so redesignated), by striking
``McAllister Ditch'' and inserting ``Plainview Ditch''; and
(5) by adding at the end the following:
``(B) Withdrawal.--Subject to valid existing rights,
the Federal land within the boundaries of the river
segments designated by subparagraph (A) is withdrawn
from all forms of--
``(i) entry, appropriation, or disposal under
the public land laws;
``(ii) location, entry, and patent under the
mining laws; and
``(iii) disposition under all laws relating
to mineral and geothermal leasing or mineral
materials.''.
SEC. 203. 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:
``(214) Franklin creek, oregon.--The 4.5-mile segment from
its headwaters to the private land boundary in sec. 8, to be
administered by the Secretary of Agriculture as a wild river.
``(215) Wasson creek, oregon.--The 10.1-mile segment in the
following classes:
``(A) The 4.2-mile segment from the eastern boundary
of T. 21 S., R. 9 W., sec. 17, downstream to the
western boundary of T. 21 S., R. 10 W., sec. 12, to be
administered by the Secretary of the Interior as a wild
river.
``(B) The 5.9-mile segment from the western boundary
of T. 21 S., R. 10 W., sec. 12, downstream to the
eastern boundary of the northwest quarter of T. 21 S.,
R. 10 W., sec. 22, to be administered by the Secretary
of Agriculture as a wild river.''.
SEC. 204. WILD AND SCENIC RIVER DESIGNATIONS, MOLALLA RIVER, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 203) is amended by adding at the end the
following:
``(216) Molalla river, oregon.--
``(A) In general.--The following segments in the
State of Oregon, to be administered by the Secretary of
the Interior as a recreational river:
``(i) Molalla river.--The approximately 15.1-
mile segment from the southern boundary line of
T. 7 S., R. 4 E., sec. 19, downstream to the
edge of the Bureau of Land Management boundary
in T. 6 S., R. 3 E., sec. 7.
``(ii) Table rock fork molalla river.--The
approximately 6.2-mile segment from the
easternmost Bureau of Land Management boundary
line in the NE\1/4\ sec. 4, T. 7 S., R. 4 E.,
downstream to the confluence with the Molalla
River.
``(B) Withdrawal.--Subject to valid existing rights,
the Federal land within the boundaries of the river
segments designated by subparagraph (A) is withdrawn
from all forms of--
``(i) entry, appropriation, or disposal under
the public land laws;
``(ii) location, entry, and patent under the
mining laws; and
``(iii) disposition under all laws relating
to mineral and geothermal leasing or mineral
materials.''.
SEC. 205. DESIGNATION OF ADDITIONAL WILD AND SCENIC RIVERS.
(a) Elk River, Oregon.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by striking paragraph (76)
and inserting the following:
``(76) Elk, oregon.--The 69.2-mile segment to be administered
by the Secretary of Agriculture in the following classes:
``(A) Mainstem.--The 17-mile segment from the
confluence of the North and South Forks of the Elk to
Anvil Creek as a recreational river.
``(B) North fork.--
``(i) Scenic river.--The approximately 0.6-
mile segment of the North Fork Elk from its
source in T. 33 S., R. 12 W., sec. 21,
Willamette Meridian, downstream to 0.01 miles
below Forest Service Road 3353, as a scenic
river.
``(ii) Wild river.--The approximately 5.5-
mile segment of the North Fork Elk from 0.01
miles below Forest Service Road 3353 to its
confluence with the South Fork Elk, as a wild
river.
``(C) South fork.--
``(i) Scenic river.--The approximately 0.9-
mile segment of the South Fork Elk from its
source in the southeast quarter of T. 33 S., R.
12 W., sec. 32, Willamette Meridian, Forest
Service Road 3353, as a scenic river.
``(ii) Wild river.--The approximately 4.2-
mile segment of the South Fork Elk from 0.01
miles below Forest Service Road 3353 to its
confluence with the North Fork Elk, as a wild
river.
``(D) Other tributaries.--
``(i) Rock creek.--The approximately 1.7-mile
segment of Rock Creek from its headwaters to
its confluence with Elk River, as a wild river.
``(ii) Bald mountain creek.--The
approximately 8-mile segment of Bald Mountain
Creek from its headwaters, including Salal
Spring to its confluence with Elk River, as a
recreational river.
``(iii) South fork bald mountain creek.--The
approximately 3.5-mile segment of South Fork
Bald Mountain Creek from its headwaters to its
confluence with Bald Mountain Creek, as a
scenic river.
``(iv) Platinum creek.--The approximately 1-
mile segment of Platinum Creek from--
``(I) its headwaters to Forest
Service Road 5325, as a wild river; and
``(II) Forest Service Road 5325 to
its confluence with Elk River, as a
scenic river.
``(v) Panther creek.--The approximately 5.0-
mile segment of Panther Creek from--
``(I) its headwaters, including
Mountain Well, to Forest Service Road
5325, as a wild river; and
``(II) Forest Service Road 5325 to
its confluence with Elk River, as a
scenic river.
``(vi) East fork panther creek.--The
approximately 3.0-mile segment of East Fork
Panther Creek from it headwaters, to the
confluence with Panther Creek, as a wild river.
``(vii) West fork panther creek.--The
approximately 3.0-mile segment of West Fork
Panther Creek from its headwaters to the
confluence with Panther Creek as a wild river.
``(viii) Lost creek.--The approximately 1.0-
mile segment of Lost Creek from--
``(I) its headwaters to Forest
Service Road 5325, as a wild river; and
``(II) Forest Service Road 5325 to
its confluence with the Elk River, as a
scenic river.
``(ix) Milbury creek.--The approximately 1.5-
mile segment of Milbury Creek from--
``(I) its headwaters to Forest
Service Road 5325, as a wild river; and
``(II) Forest Service Road 5325 to
its confluence with the Elk River, as a
scenic river.
``(x) Blackberry creek.--The approximately
5.0-mile segment of Blackberry Creek from--
``(I) its headwaters to Forest
Service Road 5325, as a wild river; and
``(II) Forest Service Road 5325 to
its confluence with the Elk River, as a
scenic river.
``(xi) East fork blackberry creek.--The
approximately 2.0-mile segment of the unnamed
tributary locally known as `East Fork
Blackberry Creek' from its headwaters in T. 33
S., R. 13 W., sec. 26, Willamette Meridian, to
its confluence with Blackberry Creek, as a wild
river.
``(xii) Mccurdy creek.--The approximately
1.0-mile segment of McCurdy Creek from--
``(I) its headwaters to Forest
Service Road 5325, as a wild river; and
``(II) Forest Service Road 5325 to
its confluence with the Elk River, as a
scenic river.
``(xiii) Bear creek.--The approximately 1.5-
mile segment of Bear Creek from headwaters to
the confluence with Bald Mountain Creek, as a
recreational river.''.
``(xiii) Butler creek.--The approximately 4-
mile segment of Butler Creek from--
``(I) its headwaters to the south
boundary of T. 33 S., R. 13 W., sec. 8,
Willamette Meridian, as a wild river;
and
``(II) from the south boundary of T.
33 S., R. 13 W., sec. 8, Willamette
Meridian, to its confluence with Elk
River, as a scenic river.
``(xiv) East fork butler creek.--The
approximately 2.8-mile segment locally known as
the `East Fork of Butler Creek' from its
headwaters on Mount Butler in T. 32 S., R. 13
W., sec. 29, Willamette Meridian, to its
confluence with Butler Creek, as a scenic
river.
``(xv) Purple mountain creek.--The
approximately 2.0-mile segment locally known as
`Purple Mountain Creek' from--
``(I) its headwaters in secs. 35 and
36, T. 33 S., R. 13 W., Willamette
Meridian, to 0.01 miles above Forest
Service Road 5325, as a wild river; and
``(II) 0.01 miles above Forest
Service Road 5325 to its confluence
with the Elk River, as a scenic
river.''.
(2) Withdrawal.--Subject to valid existing rights, the Federal
land within the boundaries of the river segments designated by
paragraph (76) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by paragraph (1)) is
withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(b) Designation of Wild and Scenic River Segments.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 204) is amended
by adding at the end the following:
``(217) Nestucca river, oregon.--The approximately 15.5-mile
segment from its confluence with Ginger Creek downstream until
it crosses the western edge of T. 4 S., R. 7 W., sec. 7,
Willamette Meridian, to be administered by the Secretary of the
Interior as a recreational river.
``(218) Walker creek, oregon.--The approximately 2.9-mile
segment from the headwaters in T. 3 S., R. 6 W., sec. 20
downstream to the confluence with the Nestucca River in T. 3
S., R. 6 W., sec. 15, Willamette Meridian, to be administered
by the Secretary of the Interior as a recreational river.
``(219) North fork silver creek, oregon.--The approximately
6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1
downstream to the edge of the Bureau of Land Management
boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to
be administered by the Secretary of the Interior as a
recreational river.
``(220) Jenny creek, oregon.--The approximately 17.6-mile
segment from the Bureau of Land Management boundary located at
the north boundary of the southwest quarter of the southeast
quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian,
downstream to the Oregon State border, to be administered by
the Secretary of the Interior as a scenic river.
``(221) Spring creek, oregon.--The approximately 1.1-mile
segment from its source at Shoat Springs in T. 40 S., R. 4 E.,
sec. 34, Willamette Meridian, downstream to the confluence with
Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian,
to be administered by the Secretary of the Interior as a scenic
river.
``(222) Lobster creek, oregon.--The approximately 5-mile
segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian,
downstream to the edge of the Bureau of Land Management
boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, to
be administered by the Secretary of the Interior as a
recreational river.
``(223) Elk creek, oregon.--The approximately 7.3-mile
segment from its confluence with Flat Creek near river mile 9,
to the southern edge of the Army Corps of Engineers boundary in
T. 33 S., R. 1 E., sec. 30, Willamette Meridian, near river
mile 1.7, to be administered by the Secretary of the Interior
as a scenic river.''.
(2) Administration of elk creek.--
(A) Lateral boundaries of elk creek.--The lateral
boundaries of the river segment designated by paragraph
(223) of section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as added by paragraph (1)) shall
include an average of not more than 640 acres per mile
measured from the ordinary high water mark on both
sides of the river segment.
(B) Deauthorization.--The Elk Creek Project
authorized under the Flood Control Act of 1962 (Public
Law 87-874; 76 Stat. 1192) is deauthorized.
(3) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the river segments designated by paragraphs
(217) through (223) of section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as added by paragraph (1)) is withdrawn from all
forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
TITLE III--WILDERNESS AREAS
SEC. 301. EXPANSION OF WILD ROGUE WILDERNESS AREA.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Rogue
Canyon Recreation Area Wild Rogue Wilderness Additions'' and
dated September 26, 2018.
(2) Wilderness additions.--The term ``Wilderness additions''
means the land added to the Wild Rogue Wilderness under
subsection (b)(1).
(b) Expansion of Wild Rogue Wilderness Area.--
(1) Expansion.--The approximately 59,512 acres of Federal
land in the State generally depicted on the map as ``Proposed
Wilderness'' shall be added to and administered as part of the
Wild Rogue Wilderness in accordance with the Endangered
American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public
Law 95-237), except that--
(A) the Secretary of the Interior and the Secretary
of Agriculture shall administer the Federal land under
their respective jurisdiction; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to
the Secretary of Agriculture or the Secretary of the
Interior, as applicable.
(2) Map; legal description.--
(A) 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
area designated by paragraph (1).
(B) Force of law.--The map and legal description
filed under subparagraph (A) shall have the same force
and effect as if included in this section, except that
the Secretary may correct typographical errors in the
map and legal description.
(C) Public availability.--The map and legal
description filed under subparagraph (A) shall be on
file and available for public inspection in the
appropriate offices of the Bureau of Land Management
and Forest Service.
(3) Withdrawal.--Subject to valid existing rights, the
Wilderness additions are withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(4) Tribal rights.--Nothing in this subsection alters,
modifies, enlarges, diminishes, or abrogates the treaty rights
of any Indian tribe.
SEC. 302. DEVIL'S STAIRCASE WILDERNESS.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Devil's
Staircase Wilderness Proposal'' and dated July 26, 2018.
(2) Wilderness.--The term ``Wilderness'' means the Devil's
Staircase Wilderness designated by subsection (b).
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 30,621 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''.
(c) 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.
(d) 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.
(e) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife in the State.
(f) 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.
(g) Protection of Tribal Rights.--Nothing in this section
diminishes any treaty rights of an Indian tribe.
(h) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the
approximately 49 acres of Bureau of Land Management land north
of the Umpqua River in T. 21 S., R. 11 W., sec. 32, 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.
Purpose
The purpose of S. 1548 is to designate certain land
administered by the Bureau of Land Management (BLM) and the
Forest Service in the State of Oregon as wilderness and
national recreation areas and to make additional wild and
scenic river designations in the State of Oregon.
Background and Need
The Chetco, Rogue, and Molalla Rivers are important
watersheds west of the Cascade Mountains. Together, they
provide spawning habitat for several fish species--including
salmon, steelhead, and green sturgeon. The rivers also are
popular recreation destinations for kayaking, rafting, hiking,
biking, camping, hunting, and fishing.
Parts of the Chetco River are already designated under the
Wild and Scenic Rivers Act (Public Law 90-542). S. 1548 changes
some of the previous classifications from ``scenic'' to
``wild'' and from ``recreational'' to ``scenic.'' The bill also
prohibits mineral development in the vicinity of the Chetco
river system by withdrawing lands from mineral entry along the
river extending from the Kalmiopsis Wilderness Area within the
Rogue River-Siskiyou National Forest.
Approximately 15 miles of the Molalla River and 6.2 miles
of its Table Rock Fork would be added to the Wild and Scenic
Rivers System. The BLM has determined the Molalla River and the
Table Rock Fork are appropriate for wild and scenic
designation.
S. 1548 designates approximately 98,150 acres of BLM land
as the ``Rogue Canyon Recreation Area,'' and approximately
29,884 acres of BLM land as the ``Molalla Recreation Area.''
The Wild Rogue Wilderness Area was designated by Congress
in 1978 (Public Law 95-237) and is located primarily on lands
managed by the Forest Service. The Wild Rogue Wilderness Area
includes approximately 8,600 acres of lands administered by the
BLM. The Rogue River is one of the initial eight rivers
designated in the 1968 Wild and Scenic Rivers Act (Public Law
90-542). S. 1548 expands the Wild Rogue Wilderness Area by
adding 59,512 acres of BLM and Forest Service land. The bill
extends the existing Rogue Wild and Scenic River designation by
adding 112.2 miles on 34 tributaries of the Rogue to the wild
and scenic river system. In addition, S. 1548 withdraws 27.6
miles of eight other Rogue River tributaries from operation
under public land, mining, and mineral leasing laws, and
prohibits the Federal Energy Regulatory Commission (FERC) from
licensing new water resource projects and associated facilities
along these tributaries.
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. The name ``Devil's
Staircase'' comes from a stair-step waterfall on Wasson Creek.
The bill designates as wilderness 30,621 acres of land
administered by the BLM and the Forest Service.
Legislative History
Senator Wyden introduced S. 1548 on July 13, 2017. The
Subcommittee on Public Lands, Forests, and Mining, held a
hearing to consider the bill on July 26, 2017.
In the 114th Congress, S. 1699 was introduced by Senator
Wyden on June 25, 2015. A hearing was held on S. 1699 in the
Public Lands, Forestry, and Mining Subcommittee on September
21, 2016.
In the 113th Congress, S. 1784 was introduced by Senator
Wyden on December 9, 2013. S. 1784 included similar provisions
as are included in S. 1699. The Subcommittee on Public Land,
Forests, and Mining held a hearing on S. 1784 on February 6,
2014 (S. Hrg. 113-349). The bill was favorably reported by the
Committee on Energy and Natural Resources with an amendment in
the nature of a substitute (S. Rept. 113-307). S. 352, the
Devil's Staircase Wilderness Act, was introduced by Senators
Wyden and Merkley on February 14, 2013. S. 352 was favorably
reported by the Committee on March 14, 2013 (S. Rept. 113-28).
S. 353, the Oregon Treasures Act of 2013, was introduced by
Senators Wyden and Merkley on February 14, 2013. The
Subcommittee on Public Lands, Forests, and Mining held a
hearing on S. 353 on April 25, 2013 (S. Hrg. 113-28). The
Committee ordered the bill favorably reported with an amendment
in the nature of a substitute on June 18, 2013 (S. Rept. 113-
100).
The Senate Committee on Energy and Natural Resources met in
an open business session on October 2, 2018, and ordered S.
1548 favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1548, if amended as described herein. Senators Barrasso, Risch,
and Lee requested to be recorded as voting no.
Committee Amendment
During its consideration of S. 1548, the Committee adopted
an amendment in the nature of a substitute.
In section 101(a), the substitute amendment changes the
designations of Rogue Canyon and Molalla from ``National
Recreation Areas'' to ``Recreation Areas;'' increases the
acreage of land designated in Rogue Canyon from 94,700 acres of
land to 98,150 acres of land; and increases the acreage of land
designated in Molalla from 24,100 acres of land to 29,884 acres
of land. A new subsection (c)(4) is added to make clear that
the Secretary concerned can conduct vegetation management
activities within the recreation areas.
In section 201(a), the substitute amendment increases the
length of Whisky Creek that is designated as a recreational
river from 0.6 miles to 1.6 miles; decreases the length of
Whisky Creek that is designated as a wild river from 1.9 miles
to 1.2 miles; increases the length of Howard Creek that is
designated as a scenic river from 0.3 miles to 3.5 miles;
strikes the provision designating 0.1 miles of Russian Creek as
a scenic river; strikes the provision designating 3.3 miles of
Quartz Creek as a scenic river; and strikes the provision
designating 5.7 miles of North Fork Galice Creek as a
recreational river. Subsections (d)(4)(G) and (d)(4)(H) add the
3.3 mile segment of Quartz Creek and the 5.7 mile segment of
North Fork Galice Creek to the stream segments that are
withdrawn under subsection (d)(3).
In section 202, the substitute amendment adds a clause
withdrawing the Whychus Creek area, subject to valid existing
rights, from entry, appropriation, and disposal under public
land laws; location, entry, and patent under mining laws; and
disposition under mineral and geothermal leasing laws.
In section 205(a), the substitute amendment adds new
provisions designating two miles of East Fork Blackberry Creek
as a wild river; four miles of Butler creek as wild and scenic
rivers; 2.8 miles of East Fork Butler Creek as a scenic river;
and two miles of Purple Mountain Creek as wild and scenic
rivers. Subsection (b) increases the length of Walker Creek
that is designated as a recreational river from two miles to
2.9 miles.
In section 301(b), the substitute amendment increases the
expansion of the Wild Rogue Wilderness Area from 56,100 acres
of land to 59,512 acres of land. The substitute amendment
strikes section 301(b)(3) in the language as introduced, which
was a provision that amended section 3(b) of the Endangered
American Wilderness Act (16 U.S.C. 1132 note). The substitute
amendment strikes sections 301(c) and 301(d) in the language as
introduced, which designated potential wilderness and provided
for the management of the potential wilderness.
In section 302(b), the substitute amendment increases
acreage of land designated as the Devil's Staircase Wilderness
Area from 30,540 acres of BLM and Forest Service land, to
30,621 acres of BLM and Forest Service land.
Section-by-Section Analysis
Sec. 1. Short title; table of contents
Section 1 provides the short title for the bill and the
table of contents.
Sec. 2. Definitions
Section 2 provides key definitions.
TITLE I--RECREATION AREAS
Sec. 101. Rogue Canyon and Molalla Recreation Areas, Oregon
Subsection (a) designates 98,150 acres of BLM land as the
Rogue Canyon Recreation Area and 29,884 acres of BLM land as
the Molalla Recreation Area.
Subsection (b) requires the Secretary concerned to submit a
map of the recreation areas to the committees of jurisdiction
and to make the maps publically available.
Subsection (c) requires (1) the Secretary concerned to
manage the recreation areas in accordance with the purposes for
which they were established; (2) prohibits the construction of
new or temporary roads, except as needed for public safety; (3)
makes clear that nothing in this section impacts the management
of the Molalla Forest Road by the Secretary concerned, nor
prohibits the Secretary concerned from conducting vegetation
management projects within the designated recreation areas; and
(4) withdraws the recreation areas from entry, appropriation,
and disposal under public land laws; location, entry, and
patent under mining laws; and mineral and geothermal leasing
laws.
Subsection (d) makes clear that buffer zones cannot be
established around the recreation areas.
TITLE II--ADDITIONAL WILD AND SCENIC RIVER DESIGNATIONS AND TECHNICAL
CORRECTIONS
Sec. 201. Additions to Rogue Wild and Scenic River
Subsection (a) amends the Wild and Scenic River Act (16
U.S.C. 1274(a)) to authorize the Secretaries of the Interior
and Agriculture to determine who will administer the section of
the Rogue River between the Applegate River and the Lobster
Creek Bridge; and to designate 112.2 miles of the Rogue River
as components of wild, scenic, or recreational rivers.
Subsection (b) directs the Secretary concerned to manage
the new components as part of the Rogue Wild and Scenic River.
Subsection (c) withdraws, subject to valid existing rights,
the new components of the Rogue Wild and Scenic River from
entry, appropriation, and disposal under public land laws;
location, entry, and patent under mining laws; and disposition
under mineral and geothermal leasing laws.
Subsection (d) prohibits the FERC from issuing a license
that authorizes construction of water or energy infrastructure
on or around the new components of the Rogue Wild and Scenic
River, but makes clear that nothing in this section prohibits
the Federal government from assisting with water resource
projects that enhance ecological, water quality, or aquatic
resources. The subsection further withdraws all land within
0.25 miles of a 2.5 mile segment of Kelsey Creek; a 10.2 mile
segment of Grave Creek; a 2.2 mile segment of Centennial Gulch;
a 0.8 mile segment of Quail Creek; a 0.7 mile segment of Ditch
Creek; a 2.2 mile segment of Galice Creek; a 3.3 mile segment
of Quartz Creek; and a 5.7 mile segment of North Fork Galice
Creek.
Sec 202. Technical corrections to the Wild and Scenic Rivers Act
Subsection (a) amends the Wild and Scenic Rivers Act (16
U.S.C. 1274 (a)(69)) to clarify that the segment of Mislatnah
Creek that is a wild river is 27.5 miles long; that the segment
from Mislatnah Creek to Eagle Creek that is designated as a
scenic river is 7.5 miles long; that the segment of Eagle Creek
that is a recreational river is 9.5 miles long; and that the
entire 44.5 mile long segment of wild, scenic, and recreation
river in Chetco Oregon is withdrawn from entry appropriation
and disposal under public land laws; location, entry, and
patent under mining laws; and disposition under mineral and
geothermal leasing laws.
Subsection (b) amends the Wild and Scenic River Act (16
U.S.C. 1274 (a)(102)) to change the name of Squaw Creek to
Whychus Creek and to withdraw entire 15.4 mile segment of
Whychus Creek from entry appropriation and disposal under
public land laws; location, entry, and patent under mining
laws; and disposition under mineral and geothermal leasing
laws.
Sec. 203. Wild and scenic river designations, Wasson Creek and Franklin
Creek, Oregon
Section 203 amends the Wild and Scenic Rivers Act (16.
U.S.C. 1274(a)) to designate 4.5 miles of Franklin Creek and
10.1 miles of Wasson Creek as wild rivers.
Sec. 204. Wild and scenic river designations, Molalla River, Oregon
Section 204 amends the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) to designate 15.1 miles of the Molalla River
and 6.2 miles of the Table Rock Fork Molalla River as
recreational rivers. It further withdraws both segments from
entry appropriation and disposal under public land laws;
location, entry, and patent under mining laws; and disposition
under mineral and geothermal leasing laws.
Sec. 205. Designation of additional wild and scenic rivers
Subsection (a) amends the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) to designate 69.2 miles of the Elk River as
wild, scenic, and recreational rivers; and to withdraw the
entire segment from entry appropriation and disposal under
public land laws; location, entry, and patent under mining
laws; and disposition under mineral and geothermal leasing
laws.
Subsection (b) amends the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) to designate 15.5 miles of the Nestucca River
as a recreational river; 2.9 miles of Walker Creek as a
recreational river; six miles of North Fork Silver Creek as a
recreational river; 17.6 miles of Jenny Creek as a scenic
river; 1.1 miles of Spring Creek as a scenic river; five miles
of Lobster Creek as a recreational River; and 7.3 miles of Elk
Creek as a scenic river. The subsection further clarifies the
lateral boundaries of Elk Creek; revokes the authorization for
the Elk Creek Project; and withdraws all of the segments
designated in subsection (a) from entry appropriation and
disposal under public land laws; location, entry, and patent
under mining laws; and disposition under mineral and geothermal
leasing laws.
TITLE III--WILDERNESS AREAS
Sec. 301. Expansion of Wild Rogue Wilderness Area
Subsection (a) defines ``map'' and ``Wilderness additions''
for this section.
Subsection (b) expands the Wild Rogue Wilderness Area by
59, 512 acres of Forest Service and BLM land and requires the
new wilderness to be managed in accordance with the Endangered
American Wilderness Act (16 U.S.C. 1132 note). The subsection
further (1) requires the Secretary concerned to submit a map of
the wilderness additions to the committees of jurisdiction and
to make the map publicly available; (2) withdraws the
wilderness additions from entry appropriation and disposal
under public land laws; location, entry, and patent under
mining laws; and disposition under mineral and geothermal
leasing laws; and (3) makes clear that nothing in this section
modifies or alters treaty rights of Indian tribes.
Sec. 302. Devil's Staircase Wilderness
Subsection (a) defines ``map'' and ``Wilderness'' for this
section.
Subsection (b) designates 30,621 acres of Forest Service
and BLM land as the Devil's Staircase Wilderness.
Subsection (c) requires the Secretary concerned to submit a
map of the new wilderness to the committees of jurisdiction and
to make the map publically available.
Subsection (d) requires the new wilderness to be managed in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
Subsection (e) make clear that nothing in this section
affects the authority of the State of Oregon to manage fish and
wildlife.
Subsection (f) prohibits the implementation of buffer zones
around the new wilderness.
Subsection (g) makes clear that nothing in this section
diminishes treaty rights of Indian tribes.
Subsection (h) transfers 49 acres of BLM land to the Forest
Service.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
Regulatory Impact Evaluation
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. 1548. 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. 1548, as ordered reported.
Congressionally Directed Spending
S. 1548, 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 testimony provided by the Departments of the Interior
and Agriculture at the July 26, 2017, hearing on S. 1548
follows:
Statement of John Ruhs, Acting Deputy Director for Operations, Bureau
of Land Management, U.S. Department of the Interior
S. 1548, OREGON WILDLANDS ACT
Thank you for the opportunity to testify on S. 1548, the
Oregon Wildlands Act. S. 1548 would establish two new national
recreation areas on forest lands in western Oregon (Title I),
add over 280 miles of Oregon rivers on lands administered by
the Bureau of Land Management (BLM) and Forest Service to the
National Wild and Scenic River System (Title II), and establish
new conservation designations in western Oregon (Title III).
Secretary Zinke, through Secretarial Order 3347, has
pledged to expand access to America's public lands and increase
hunting, fishing, and recreational opportunities nationwide. In
addition, Secretary Zinke is focused on restoring full
collaboration and coordination with local communities and
making the Department of the Interior (Department) a better
neighbor. While the Department supports the goals of S. 1548
that align with these important priorities, we are concerned
that the bill as currently written could ultimately decrease
public access, limit outdoor recreational opportunities, and
impede management and harvest of timber and other forest
products. For these reasons, we cannot support the bill as
written. We would like to work with the sponsors and the
Subcommittee on a number of modifications to the bill to
address these issues.
Background
The O&C Lands Act of 1937 placed 2.2 million checkerboard
acres of Oregon and California Railroad and Coos Bay Wagon Road
grant lands (the O&C lands) under the jurisdiction of the
Department. Under the O&C Lands Act, the Department manages the
O&C lands for ``the purpose of providing a permanent source of
timber supply, protecting watersheds, regulating stream flow,
and contributing to the economic stability of local communities
and industries, and providing recreational facilities.'' The
Act also provides that the 18 O&C counties receive yearly
payments equal to 50 or 75 percent of receipts from timber
harvests on O&C lands in these counties. In addition to the O&C
lands, the BLM manages approximately 212,000 acres of public
domain forests and other acquired lands in western Oregon.
These and other BLM-managed lands in western Oregon also
provide outstanding recreational opportunities, with over 5
million people visiting each year to enjoy hiking, camping,
hunting, and fishing.
Timber harvests and the associated payments to counties
decreased significantly in the mid-1990s, after the historic
highs experienced in the late 1980s. The decrease was caused,
in part, by management measures seeking to address the
conservation and recovery of threatened and endangered species
such as the northern spotted owl, coho salmon, and marbled
murrelet. The Department manages the O&C lands, public domain
forests, and other acquired lands under the 2016 western Oregon
Resource Management Plans (2016 RMPs), along with guidance and
management recommendations derived from the 2011 Northern
Spotted Owl Recovery Plan and 2012 Final Critical Habitat Rule,
as well as a number of court decisions.
The 2016 RMPs provide direction for the management of
approximately 2.5 million acres of BLM-administered lands and
offer outcomes for tourism, recreation, and timber harvest,
while still maintaining protections for the northern spotted
owl, listed fish species, and water resources. With full
implementation of the 2016 RMPs, the BLM estimates that it will
be able to offer for sale 278 million board feet (mmbf) per
year in total timber volume. At the same time, the 2016 RMPs
will help increase fire resiliency, develop habitat for
northern spotted owl and other species, and protect listed fish
species and water resources.
Oregon National Recreation Areas (Title I)
Title I of S. 1548 establishes the Rogue Canyon and Molalla
National Recreation Areas on nearly 119,000 acres of intermixed
O&C lands and public domain forests in western Oregon and
provides guidance for the management of each area. Although the
Department strongly supports efforts to increase access to and
facilitate and enhance recreational opportunities on BLM-
managed lands in western Oregon, we have concerns with the
language of Title I and the impacts if it were to be
implemented as written.
As discussed briefly above, the BLM's management of O&C
lands and public domain forests is currently governed by a
number of statutory requirements, including the National
Environmental Policy Act (NEPA), the Endangered Species Act
(ESA), the Clean Water Act, the O&C Lands Act of 1937, the
Federal Land Policy and Management Act (FLPMA), and the
relevant implementing regulations and plans. Under this
framework, the BLM manages these lands for forest production in
conformance with the principles of sustained yield and for
other multiple uses.
The Department notes that the designations in this title
involve O&C lands within the harvest land base established
under the 2016 RMPs. We require additional time to conduct the
detailed analysis necessary to evaluate the extent of potential
impacts to timber harvest levels. As a result, the Department
does not support this legislation as written.
We also believe that the management language for the
proposed recreation areas is unclear and may impact existing
commercial timber production activity that relies on rights-of-
way held by adjacent private forest landowners and existing
commercial recreational activity. Because of the size of the
proposed areas, some of the bill's language may also limit
access to existing trailheads and scenic opportunities.
Therefore, the Department is concerned this language is
inconsistent with Secretarial Order 3347 and Secretary Zinke's
commitment to sustaining and creating recreational access.
Finally, we note that the maps for both of the proposed
recreation areas were created for previous iterations of the
legislation and may contain designations or other features
unrelated to this bill. Consequently, the Department would like
the opportunity to provide updated maps that display the
proposed areas in greater detail using the latest data.
Additional Wild & Scenic River Designations & Technical Corrections
(Title II)
Title II of S. 1548 would designate over 280 miles of
Oregon rivers on lands managed by the BLM and Forest Service as
recreational, scenic, or wild rivers under the Wild and Scenic
Rivers Act. Title II also withdraws 16 miles of 6 Rogue River
tributaries from land laws, mining laws, and mineral leasing
laws and prohibits the Federal Energy Regulatory Commission
(FERC) from licensing new water resource projects and
associated facilities along these tributaries.
The Department believes that there may be alternative
approaches for managing sensitive resources and would like to
work with the sponsors and the Subcommittee to ensure the full
range of uses and permitted activities continue on BLM-managed
lands. As with the recreation areas proposed by Title I, the
wild and scenic river designations involve O&C lands within the
harvest land base established under the 2016 RMPs. We would
need additional time to conduct the detailed analysis necessary
to evaluate the extent of potential impacts to timber harvest
levels. If Congress opts to add these segments to the National
Wild and Scenic River System, we would like to work with the
Subcommittee on clarifications and technical issues, including
a correction to the amended language for the original Rogue
River designation. We defer to the Department of Agriculture
regarding wild and scenic river designations on lands managed
by the Forest Service.
Wilderness Areas (Title III)
Title III of S. 1548 would add approximately 60,000 acres
of BLM-managed public lands to the existing Wild Rogue
Wilderness in southwestern Oregon. This title would also
designate approximately 23,000 acres of Forest Service-managed
lands and approximately 7,000 acres of BLM-managed public lands
as the Devil's Staircase Wilderness, also in southwestern
Oregon. The Department supports Congressional action to resolve
wilderness designations across the West, and we welcome
opportunities to further those efforts. Congress has the sole
authority to designate lands to be managed permanently as
wilderness, and we believe that such proposals should be
considered as part of a locally driven process that
incorporates the views of a wide range of stakeholders.
The Department notes that the lands proposed for wilderness
designation by S. 1548 generally serve as habitat for a
diversity of plant and animal life for forest-dependent
species, including Pacific salmon, steelhead trout, and green
sturgeon, and provide important opportunities for fishing,
rafting and boat tours, and hiking and backpacking, and other
forms of outdoor recreation in the forested mountains of
western and southwestern Oregon.
Pursuant to the priorities outlined by Secretary Zinke, the
Department believes there may be alternative approaches for
managing these resources, and we would like the opportunity to
work with the sponsors and the Subcommittee to determine if
wilderness designation is the best mechanism for managing these
important resources and uses. If Congress opts to proceed with
designation of these lands as wilderness, we would like to work
with the sponsors to ensure that the bill language is
consistent with how the BLM manages other congressionally-
designated Wilderness Areas. We defer to the Department of
Agriculture regarding wilderness designations on lands managed
by the Forest Service.
As with the proposed recreation areas and wild and scenic
river designations, the wilderness designations outlined in
this title involve O&C lands within the harvest land base
established under the 2016 RMPs. We would need additional time
to conduct the detailed analysis necessary to evaluate the
extent of potential impacts to timber harvest levels. In
addition, the Department notes that the maps for each of the
proposed wilderness areas were created for previous legislation
and may not reflect current land status data. For clarity, we
would like the opportunity to provide updated maps of the
proposed designations.
Finally, the Department has no objection to the transfer of
administrative jurisdiction of 49 acres to the Forest Service,
which is an isolated parcel with limited road access and is not
included in future BLM timber sale plans.
Conclusion
The Department is committed to increasing public access,
expanding outdoor recreational opportunities, and increasing
management and harvest of timber and other forest products.
Therefore, the Department cannot support S. 1548 as written. We
would be interested in working with the sponsors and the
Subcommittee to address the specific concerns noted in our
testimony with regard to the bill as drafted to accomplish our
shared multiple use goals for BLM-managed lands.
----------
Statement of Glenn Casamassa, Associate Deputy Chief, National Forest
System, U.S. Forest Service, United States Department of Agriculture
S. 1548--OREGON WILDLANDS ACT
Chairman Lee, Ranking Member Wyden, members of the
Subcommittee, thank you for the opportunity to present the
views of the U.S. Department of Agriculture (USDA) regarding S.
32--the California Desert Protection and Recreation Act of
2017, S. 468--the Historic Routes Preservation Act, S.941--the
Yellowstone Gateway Protection Act, S. 1230--the Water Rights
Protection Act, S. 1271--the Fowler and Boskoff Peaks
Designation Act, and S. 1548--the Oregon Wildlands Act. I am
Glenn Casamassa, Associate Deputy Chief for the National Forest
System (NFS), USDA Forest Service.
S. 1548--Oregon Wildlands Act
Wild & Scenic River Designations
Section 202(a) amends the existing designation in Section
3(a)(69) of the Wild and Scenic Rivers Act to change the
starting and ending points of the three main segments of the
Chetco River consistent with the Siskiyou National Forest Land
and Resource Management Plan. The total length of the Chetco
Wild and Scenic River would remain 44.5 miles. In addition,
this amendment would effectuate a mineral withdrawal of the
Federal land within the boundary of the segments of the Chetco
River designated as a wild and scenic river. Typically under
the Wild and Scenic Rivers Act, only Federal lands within
segments designated as wild are subject to a mineral
withdrawal. USDA is supportive of these technical changes as
they provide a more appropriate naming convention, and better
reflect management classifications and direction for the Chetco
River.
Section 202(b) officially changes the name of ``Squaw
Creek'' to ``Whychus Creek'' to better reflect local usage,
current geographic nomenclature standards, and the name change
approved by the U.S. Board on Geographic Names in 2005. This
section also updates the location description in the existing
designation in section 3(a)(102) of the Wild and Scenic Rivers
Act to incorporate several other name changes. USDA strongly
supports this much-needed technical correction to remove the
offensive name of the designations.
Section 203 would 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. USDA defers to the Department of the Interior in regard
to 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 river 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. USDA
supports designation of the 1.7 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. However, USDA does not oppose
Franklin Creek's designation at this time.
Section 205(a) would amend the Wild and Scenic Rivers Act
by adding additional segments in the Elk River watershed to the
National Wild and Scenic Rivers System on the Siskiyou National
Forest. These additions would increase the Elk's designated
wild and scenic river mileage from approximately 29 miles to
63.4 miles. USDA takes no position on these additional
designated segments. None of the additional segments are
currently identified as eligible or suitable for wild and
scenic river designation under the 1989 Siskiyou National
Forest Land and Resource Management Plan. However, USDA would
be happy to work with the Subcommittee to provide additional
relevant information concerning the Elk River segments
identified in this bill.
Wilderness Designations
Section 301 of the bill would designate 56,100 acres
managed by the Bureau of Land Management (BLM) and by the
Forest Service as an addition to the Wild Rogue Wilderness.
USDA supports this addition of wilderness on National Forest
System.
Section 301(b) would expand the Wild Rogue Wilderness in
Oregon by designating 56,100 acres of land currently managed by
the Bureau of Land Management and the Forest Service as
wilderness. The ``Proposed USFS Wilderness'' identified in this
section and on the referenced ``Wild Rogue Wilderness
Additions'' map is located along a ``cherry stem'' into the
existing wilderness area. The ``cherry stem'' originally
allowed for the existence of a Level II Forest System Road,
part of the designated ``Grave Creek to Marial Back Country
Byway,'' and the continuation of the Marial Lodge, a permitted
resort. Marial Lodge accommodates hikers in the spring, rafters
through the summer and commercial fishing trips in the fall.
Proposed boundary adjustments in this area appear to be
consistent with the continuation of the present and current use
of the existing facilities.
Section 301(b)(1)(A) also includes language that turns back
administration of a portion of the existing Wild Rogue
Wilderness from Forest Service to BLM management. The Forest
Service is currently authorized to manage this BLM area through
a Memorandum of Understanding. USDA does not see any issues of
concern related to management of this expanded Wilderness area.
However, we would like to work with the Subcommittee to develop
a detailed ``inset map'' in the legislation to ensure that the
boundaries between BLM and USFS parcels are clear and
unambiguous.
Section 302 would designate the Devil's Staircase
Wilderness (30,540 acres) on lands managed by the Forest
Service and BLM surrounding Wasson Creek. Approximately 24,000
acres of this wilderness would be on the Siuslaw National
Forest. Section 302(h) of the bill also would effectuate the
transfer of administrative jurisdiction of an approximately 49
acre parcel managed by BLM to the Forest Service to be managed
as part of the Siuslaw National Forest. This parcel includes a
site of cultural significance to the Coos, Lower Umpqua, and
Siuslaw Indians. Approximately 7,800 acres of the NFS lands are
within the Wasson Creek Undeveloped Area and were evaluated for
wilderness characteristics in the 1990 Siuslaw National Forest
Land and Resource Management Plan. The proposed Devil's
Staircase Wilderness provides an outstanding representation of
the Oregon Coast Range and would enhance the National
Wilderness Preservation System. There is an existing road
within the proposed boundary of this wilderness that would
require decommissioning by heavy equipment prior to designation
as wilderness or allowance for use of mechanized equipment for
this purpose after the enactment. USDA supports the designation
of the proposed Devil's Staircase Wilderness.
Other portions of this bill would designate additional BLM
lands and rivers flowing on BLM lands and would be administered
by the Secretary of the Interior. Therefore, USDA defers to
Department of the Interior on these proposed designations.
This concludes my written testimony. Again I thank the
Subcommittee for holding this hearing and providing the
opportunity to testify, and I look forward to answering your
questions at the appropriate time.
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
S. 1548, as 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, as Amended
* * * * * * *
Sec. 3 (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) Clearwater, middle fork, idaho.--The Middle Fork
from the town of Kooskia upstream to the town of
Lowell; the Lochsa River from its junction with the
Selway at Lowell forming the Middle Fork, upstream to
the Powell Ranger Station; and the Selway River from
Lowell upstream to its origin; to be administered by
the Secretary of Agriculture.
* * * * * * *
[(5) Rogue, oregon.--The segment of the river
extending from the mouth of the Applegate River
downstream to the Lobster Creek Bridge; to be
administered by agencies of the Departments of the
Interior or Agriculture as agreed upon by the
Secretaries of said Departments or as directed by the
President.]
(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
6.8-mile segment of Kelsey Creek from
the Wild Rogue Wilderness boundary in
T. 32 S., R. 9 W., sec. 25, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
(ii) East fork kelsey creek.--
(I) Scenic river.--The
approximately 0.2-mile segment
of East Fork Kelsey Creek from
headwaters downstream to the
Wild Rogue Wilderness boundary
in T. 33 S., R. 8 W., sec. 5,
Willamette Meridian, as a
scenic river.
(II) Wild river.--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 1.6-mile segment
of Whisky Creek from the
confluence of the East Fork and
West Fork to the south boundary
of the non-Federal land in T.
33 S., R. 8 W., sec. 17,
Willamette Meridian, as a
recreational river.
(II) Wild river.--The
approximately 1.2-mile segment
of Whisky Creek from road 33-8-
23 to the confluence with the
Rogue River, as a wild river.
(iv) East fork whisky creek.--
(I) Scenic river.--The
approximately 0.9-mile segment
of East Fork Whisky Creek from
its headwaters to Wild Rogue
Wilderness boundary in T. 33
S., R. 8 W., sec. 11,
Willamette Meridian, as a
scenic river.
(II) 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,
downstream to road 33-8-26
crossing, as a wild river.
(III) Recreational river.--
The approximately 0.3-mile
segment of East Fork Whisky
Creek from 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 the East Fork
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 road 34-9-17.1,
as a scenic river.
(II) Wild river.--The
approximately 5.8-mile segment
of Big Windy Creek 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 road 34-
8-36, as a scenic river.
(II) Wild river.--The
approximately 3.7-mile segment
of East Fork Big Windy Creek
from road 34-8-36 to the
confluence with Big Windy
Creek, as a wild river.
(viii) Little windy creek.--
(I) Scenic river.--The
approximately 1.2-mile segment
of Little Windy Creek from its
headwaters to the Wild Rogue
Wilderness boundary in T. 33
S., R. 9 W., sec. 34,
Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 1.9-mile segment
of Little Windy Creek from the
Wild Rogue Wilderness boundary
in T. 33 S., R. 9 W., sec. 34,
Willamette Meridian, to the
confluence with the Rogue
River, as a wild river.
(ix) Howard creek.--
(I) Scenic river.--The
approximately 3.5-mile segment
of Howard Creek from its
headwaters to 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.
(III) Wild river.--The
approximately 3.5-mile segment
of Anna Creek from its
headwaters to the confluence
with Howard Creek, as a wild
river.
(x) Mule creek.--
(I) Scenic river.--The
approximately 3.5-mile segment
of Mule Creek from its
headwaters downstream to the
Wild Rogue Wilderness boundary
as a scenic river.
(II) Wild river.--The
approximately 7.8-mile segment
of Mule Creek from the Wild
Rogue Wilderness boundary in T.
32 S., R. 9 W., sec. 29,
Willamette Meridian, to the
confluence with the Rogue
River, as a wild river.
(xi) Missouri creek.--
(I) Scenic river.--The
approximately 3.1-mile segment
of Missouri Creek from its
headwaters downstream to the
Wild Rogue Wilderness boundary
in T. 33 S., R. 10 W., sec. 24,
Willamette Meridian, as a
scenic river.
(II) Wild river.--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.
(xii) Jenny creek.--
(I) Scenic river.--The
approximately 3.1-mile segment
of Jenny Creek from its
headwaters downstream to the
Wild Rogue Wilderness boundary
in T. 33 S., R. 9 W., sec. 28,
Willamette Meridian, as a
scenic river.
(II) Wild river.--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.
(xiii) Rum creek.--
(I) Scenic river.--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, Willamette
Meridian, as a scenic river.
(II) Wild river.--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.
(xiv) East fork rum creek.--
(I) Scenic river.--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,
Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 1.3-mile segment
of East Fork 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.
(xv) 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.
(xvi) 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.
(xvii) Hewitt creek.--
(I) Scenic river.--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,
Willamette Meridian, as a
scenic river.
(II) Wild river.--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.
(xviii) 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.
(xix) 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 road 34-8-
36 to the confluence with the
Rogue River, as a wild river.
(xx) 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.
(xxi) 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.
(xxii) 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.
(xxiii) 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.
(xxiv) 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.
(xxv) 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.
(xxvi) 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.
(xxvii) 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.
(xxviii) 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.
(xxix) 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.
(xxx) 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.
(xxxi) Long gulch.--
(I) Scenic river.--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,
Willamette Meridian, as a
scenic river.
(II) Wild river.--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.
(xxxii) Bailey creek.--
(I) Scenic river.--The
approximately 1.4-mile segment
of Bailey Creek from its
headwaters to the Wild Rogue
Wilderness boundary on the west
section line of T. 34 S., R. 8
W., sec. 14, Willamette
Meridian, as a scenic river.
(II) Wild river.--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.
(xxxiii) 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.
(xxxiv) Slide creek.--
(I) Scenic river.--The
approximately 0.5-mile segment
of Slide Creek from its
headwaters to road 33-9-6, as a
scenic river.
(II) Wild river.--The
approximately 0.7-mile section
of Slide Creek from road 33-9-6
to the confluence with the
Rogue River, as a wild river.
* * * * * * *
(69) Chetco, Oregon.-- [The 44.5-mile]
(A) Designations.--The 44.5-mile segment from
its headwaters to the Siskiyou National Forest
boundary; to be administered by the Secretary
of Agriculture in the following classes:
[(A)] (i) The [25.5-mile] 27.5-mile segment
from its headwaters to [Boulder Creek at the
Kalmiopsis Wilderness boundary] Mislatnah Creek
as a wild river;
[(B)] (ii) the [8-mile] 7.5-mile segment from
[Boulder Creek to Steel Bridge] Mislatnah Creek
to Eagle Creek as a scenic river; and
[(C)] (iii) the [11-mile] 9.5-mile segment
from [Steel Bridge] Eagle Creek to the Siskiyou
National Forest boundary, one mile below Wilson
Creek, as a recreational river.
(B) Withdrawal.--Subject to valid rights, the
Federal land within the boundaries of the river
segments designated by subparagraph (A), is
withdrawn from all forms of--
(i) entry, appropriation, or disposal
under the public land laws;
(ii) location, entry, and patent
under the mining laws; and
(iii) disposition under all laws
pertaining to mineral and geothermal
leasing or mineral materials.
* * * * * * *
[(76) Elk, oregon.--The 29-mile segment to be
administered by the Secretary of Agriculture in the
following classes:
[(A) The 17-mile segment from the confluence
of the North and South Forks of the Elk to
Anvil Creek as a recreational river.
[(B)
[(i) The approximately 0.6-mile
segment of the North Fork Elk from its
source in sec. 21, T. 33 S., R. 12 W.,
Willamette Meridian, downstream to 0.01
miles below Forest Service Road 3353,
as a scenic river.
[(ii) The approximately 5.5-mile
segment of the North Fork Elk from 0.01
miles below Forest Service Road 3353 to
its confluence with the South Fork Elk,
as a wild river.
[(C)
[(i) The approximately 0.9-mile
segment of the South Fork Elk from its
source in the southeast quarter of sec.
32, T. 33 S., R. 12 W., Willamette
Meridian, downstream to 0.01 miles
below Forest Service Road 3353, as a
scenic river.
[(ii) The approximately 4.2-mile
segment of the South Fork Elk from 0.01
miles below Forest Service Road 3353 to
its confluence with the North Fork Elk,
as a wild river.]
(76) Elk, oregon.--The 69.2-mile segment to be
administered by the Secretary of Agriculture in the
following classes:
(A) Mainstem.--The 17-mile segment from the
confluence of the North and South Forks of the
Elk to Anvil Creek as a recreational river.
(B) North fork.--
(i) Scenic river.--The approximately
0.6-mile segment of the North Fork Elk
from its source in T. 33 S., R. 12 W.,
sec. 21, Willamette Meridian,
downstream to 0.01 miles below Forest
Service Road 3353, as a scenic river.
(ii) Wild river.--The approximately
5.5-mile segment of the North Fork Elk
from 0.01 miles below Forest Service
Road 3353 to its confluence with the
South Fork Elk, as a wild river.
(C) South fork.--
(i) Scenic river.--The approximately
0.9-mile segment of the South Fork Elk
from its source in the southeast
quarter of T. 33 S., R. 12 W., sec. 32,
Willamette Meridian, Forest Service
Road 3353, as a scenic river.
(ii) Wild river.--The approximately
4.2-mile segment of the South Fork Elk
from 0.01 miles below Forest Service
Road 3353 to its confluence with the
North Fork Elk, as a wild river.
(D) Other tributaries.--
(i) Rock creek.--The approximately
1.7-mile segment of Rock Creek from its
headwaters to its confluence with Elk
River, as a wild river.
(ii) Bald mountain creek.--The
approximately 8-mile segment of Bald
Mountain Creek from its headwaters,
including Salal Spring to its
confluence with Elk River, as a
recreational river.
(iii) South fork bald mountain
creek.--The approximately 3.5-mile
segment of South Fork Bald Mountain
Creek from its headwaters to its
confluence with Bald Mountain Creek, as
a scenic river.
(iv) Platinum creek.--The
approximately 1-mile segment of
Platinum Creek from--
(I) its headwaters to Forest
Service Road 5325, as a wild
river; and
(II) Forest Service Road 5325
to its confluence with Elk
River, as a scenic river.
(v) Panther creek.--The approximately
5.0-mile segment of Panther Creek
from--
(I) its headwaters, including
Mountain Well, to Forest
Service Road 5325, as a wild
river; and
(II) Forest Service Road 5325
to its confluence with Elk
River, as a scenic river.
(vi) East fork panther creek.--The
approximately 3.0-mile segment of East
Fork Panther Creek from it headwaters,
to the confluence with Panther Creek,
as a wild river.
(vii) West fork panther creek.--The
approximately 3.0-mile segment of West
Fork Panther Creek from its headwaters
to the confluence with Panther Creek as
a wild river.
(viii) Lost creek.--The approximately
1.0-mile segment of Lost Creek from--
(I) its headwaters to Forest
Service Road 5325, as a wild
river; and
(II) Forest Service Road 5325
to its confluence with the Elk
River, as a scenic river.
(ix) Milbury creek.--The
approximately 1.5-mile segment of
Milbury Creek from--
(I) its headwaters to Forest
Service Road 5325, as a wild
river; and
(II) Forest Service Road 5325
to its confluence with the Elk
River, as a scenic river.
(x) Blackberry creek.--The
approximately 5.0-mile segment of
Blackberry Creek from--
(I) its headwaters to Forest
Service Road 5325, as a wild
river; and
(II) Forest Service Road 5325
to its confluence with the Elk
River, as a scenic river.
(xi) East fork blackberry creek.--The
approximately 2.0-mile segment of the
unnamed tributary locally known as
`East Fork Blackberry Creek' from its
headwaters in T. 33 S., R. 13 W., sec.
26, Willamette Meridian, to its
confluence with Blackberry Creek, as a
wild river.
(xii) McCurdy creek.--The
approximately 1.0-mile segment of
McCurdy Creek from--
(I) its headwaters to Forest
Service Road 5325, as a wild
river; and
(II) Forest Service Road 5325
to its confluence with the Elk
River, as a scenic river.
(xiii) Bear creek.--The approximately
1.5-mile segment of Bear Creek from
headwaters to the confluence with Bald
Mountain Creek, as a recreational
river.''.
(xiii) Butler creek.--The
approximately 4-mile segment of Butler
Creek from--
(I) its headwaters to the
south boundary of T. 33 S., R.
13 W., sec. 8, Willamette
Meridian, as a wild river; and
(II) from the south boundary
of T. 33 S., R. 13 W., sec. 8,
Willamette Meridian, to its
confluence with Elk River, as a
scenic river.
(xiv) East fork butler creek.--The
approximately 2.8-mile segment locally
known as the `East Fork of Butler
Creek' from its headwaters on Mount
Butler in T. 32 S., R. 13 W., sec. 29,
Willamette Meridian, to its confluence
with Butler Creek, as a scenic river.
(xv) Purple mountain creek.--The
approximately 2.0-mile segment locally
known as `Purple Mountain Creek' from--
(I) its headwaters in secs.
35 and 36, T. 33 S., R. 13 W.,
Willamette Meridian, to 0.01
miles above Forest Service Road
5325, as a wild river; and
(II) 0.01 miles above Forest
Service Road 5325 to its
confluence with the Elk River,
as a scenic river.
* * * * * * *
(102) [Squaw creek] Whychus creek, oregon._The 15.4-
mile]
(A) Designations.--The 15.4-mile segment from
its source to the hydrologic Gaging Station 800
feet upstream from the intake of the
[McAllister Ditch, including the Soap Fork
Squaw Creek, the North Fork, the South Fork,
the East and West Forks of Park Creek, and Park
Creek Fork] Plainview Ditch, including the Soap
Creek, the North and South Forks of Whychus
Creek, the East and West Forks of Park Creek,
and Park Creek; to be administered by the
Secretary of Agriculture as follows:
[(A)] (i) The 6.6-mile segment and its
tributaries from the source to the Three
Sisters Wilderness boundary as a wild river;
and
[(B)] (ii) the 8.8-mile segment from the
boundary of the Three Sisters Wilderness Area
to the hydrologic Gaging Station 800 feet
upstream from the intake of the [McAllister
Ditch] Plainview Ditch as a scenic river:
Provided, That nothing in this chapter shall
prohibit the construction of facilities
necessary for emergency protection for the town
of Sisters relative to a rapid discharge of
Carver Lake if no other reasonable flood
warning or control alternative exists.
(B) Withdrawal.--Subject to valid existing
rights, the Federal land within the boundaries
of the river segments designated by
subparagraph (A) is withdrawn from all forms
of--
(i) entry, appropriation, or disposal
under the public land laws;
(ii) location, entry, and patent
under the mining laws; and
(iii) disposition under all laws
relating to mineral and geothermal
leasing or mineral materials.
* * * * * * *
(214) Franklin creek, oregon.--The 4.5-mile segment
from its headwaters to the private land boundary in
sec. 8, to be administered by the Secretary of
Agriculture as a wild river.
(215) Wasson creek, oregon.--The 10.1-mile segment in
the following classes:
(A) The 4.2-mile segment from the eastern
boundary of T. 21 S., R. 9 W., sec. 17,
downstream to the western boundary of T. 21 S.,
R. 10 W., sec. 12, to be administered by the
Secretary of the Interior as a wild river.
(B) The 5.9-mile segment from the western
boundary of T. 21 S., R. 10 W., sec. 12,
downstream to the eastern boundary of the
northwest quarter of T. 21 S., R. 10 W., sec.
22, to be administered by the Secretary of
Agriculture as a wild river.''.
(216) Molalla river, oregon.--
(A) In general.--The following segments in
the State of Oregon, to be administered by the
Secretary of the Interior as a recreational
river:
(i) Molalla river.--The approximately
15.1-mile segment from the southern
boundary line of T. 7 S., R. 4 E., sec.
19, downstream to the edge of the
Bureau of Land Management boundary in
T. 6 S., R. 3 E., sec. 7.
(ii) Table rock fork molalla river.--
The approximately 6.2-mile segment from
the easternmost Bureau of Land
Management boundary line in the NE\1/4\
sec. 4, T. 7 S., R. 4 E., downstream to
the confluence with the Molalla River.
(B) Withdrawal.--Subject to valid existing
rights, the Federal land within the boundaries
of the river segments designated by
subparagraph (A) is withdrawn from all forms
of--
(i) entry, appropriation, or disposal
under the public land laws;
(ii) location, entry, and patent
under the mining laws; and
(iii) disposition under all laws
relating to mineral and geothermal
leasing or mineral materials.
(217) Nestucca river, oregon.--The approximately
15.5-mile segment from its confluence with Ginger Creek
downstream until it crosses the western edge of T. 4
S., R. 7 W., sec. 7, Willamette Meridian, to be
administered by the Secretary of the Interior as a
recreational river.
(218) Walker creek, oregon.--The approximately 2.9-
mile segment from the headwaters in T. 3 S., R. 6 W.,
sec. 20 downstream to the confluence with the Nestucca
River in T. 3 S., R. 6 W., sec. 15, Willamette
Meridian, to be administered by the Secretary of the
Interior as a recreational river.
(219) North fork silver creek, oregon.--The
approximately 6-mile segment from the headwaters in T.
35 S., R. 9 W., sec. 1 downstream to the edge of the
Bureau of Land Management boundary in T. 35 S., R. 9
W., sec. 17, Willamette Meridian, to be administered by
the Secretary of the Interior as a recreational river.
(220) Jenny creek, oregon.--The approximately 17.6-
mile segment from the Bureau of Land Management
boundary located at the north boundary of the southwest
quarter of the southeast quarter of T. 38 S., R. 4 E.,
sec. 34, Willamette Meridian, downstream to the Oregon
State border, to be administered by the Secretary of
the Interior as a scenic river.
(221) Spring creek, oregon.--The approximately 1.1-
mile segment from its source at Shoat Springs in T. 40
S., R. 4 E., sec. 34, Willamette Meridian, downstream
to the confluence with Jenny Creek in T. 41 S., R. 4
E., sec. 3, Willamette Meridian, to be administered by
the Secretary of the Interior as a scenic river.
(222) Lobster creek, oregon.--The approximately 5-
mile segment from T. 15 S., R. 8 W., sec. 35,
Willamette Meridian, downstream to the edge of the
Bureau of Land Management boundary in T. 15 S., R. 8
W., sec. 15, Willamette Meridian, to be administered by
the Secretary of the Interior as a recreational river.
(223) Elk creek, oregon.--The approximately 7.3-mile
segment from its confluence with Flat Creek near river
mile 9, to the southern edge of the Army Corps of
Engineers boundary in T. 33 S., R. 1 E., sec. 30,
Willamette Meridian, near river mile 1.7, to be
administered by the Secretary of the Interior as a
scenic river.''.
* * * * * * *
[all]