[Senate Report 113-100]
[From the U.S. Government Publishing Office]
Calendar No. 178
113th Congress Report
SENATE
1st Session 113-100
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OREGON TREASURES
_______
September 10, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 353]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 353) to designate certain land in the
State of Oregon as wilderness, 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 and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Treasures Act of 2013''.
SEC. 2. CATHEDRAL ROCK AND HORSE HEAVEN WILDERNESS.
(a) Definitions.--In this section:
(1) Land exchange map.--The term ``land exchange map'' means
the map entitled ``Antone Ranch Exchanges'' and dated July 26,
2010.
(2) Proposed wilderness map.--The term ``proposed wilderness
map'' means the map entitled ``Cathedral Rock and Horse Heaven
Wilderness'' and dated November 8, 2010.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) State.--The term ``State'' means the State of Oregon.
(b) Land Exchanges.--
(1) Authorization.--
(A) Smith exchange.--
(i) In general.--Subject to paragraphs (2)
through (5), if the owner of the non-Federal
land described in clause (ii)(I) offers to
convey to the United States all right, title,
and interest of the owner in and to the non-
Federal land, the Secretary shall--
(I) accept the offer; and
(II) convey to the owner of the non-
Federal land all right, title, and
interest of the United States in and to
the Federal land described in clause
(ii)(II).
(ii) Description of land.--
(I) Non-federal land.--The non-
Federal land referred to in clause (i)
is the approximately 1,135 acres of
non-Federal land generally depicted on
the proposed wilderness map as ``Land
transfer from Smith to BLM''.
(II) Federal land.--The Federal land
referred to in clause (i)(II) is the
approximately 1,195 acres of Federal
land generally depicted on the proposed
wilderness map as ``Land transfer from
BLM to Smith''.
(B) Shrum exchange.--
(i) In general.--Subject to paragraphs (2)
through (5), if the owner of the non-Federal
land described in clause (ii)(I) offers to
convey to the United States all right, title,
and interest of the owner in and to the non-
Federal land, the Secretary shall--
(I) accept the offer; and
(II) convey to the owner of the non-
Federal land all right, title, and
interest of the United States in and to
the Federal land described in clause
(ii)(II).
(ii) Description of land.--
(I) Non-federal land.--The non-
Federal land referred to in clause (i)
is the approximately 415 acres of non-
Federal land generally depicted on the
proposed wilderness map as ``Land
transfer from Shrum to BLM''.
(II) Federal land.--The Federal land
referred to in clause (i)(II) is the
approximately 555 acres of Federal land
generally depicted on the proposed
wilderness map as ``Land transfer from
BLM to Shrum''.
(C) Young life exchange.--
(i) In general.--Subject to paragraphs (2)
through (5), if the owner of the non-Federal
land described in clause (ii)(I) offers to
convey to the United States all right, title,
and interest of the owner in and to the non-
Federal land, the Secretary and the Secretary
of Agriculture shall--
(I) accept the offer; and
(II) convey to the owner of the non-
Federal land all right, title, and
interest of the United States in and to
the Federal land described in clause
(ii)(II).
(ii) Description of land.--
(I) Non-federal land.--The non-
Federal land referred to in clause (i)
is the approximately 10,290 acres of
non-Federal land generally depicted on
the proposed wilderness map as ``Land
transfer from Young Life to BLM''.
(II) Federal land.--The Federal land
referred to in clause (i)(II) is--
(aa) the approximately 11,365
acres of Federal land generally
depicted on the proposed
wilderness map as ``Land
transfer from BLM to Young
Life'';
(bb) the approximately 645
acres of Federal land generally
depicted on the land exchange
map as ``Land transfer from BLM
to Young Life''; and
(cc) the approximately 690
acres of Federal land generally
depicted on the land exchange
map as ``Land transfer from
USFS to Young Life''.
(2) Applicable law.--Each land exchange under paragraph (1)
shall be carried out in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716), including the requirement that the Secretary determine
that the public interest will be well served by making the
exchange.
(3) Conditions.--Each land exchange under paragraph (1) shall
be subject to--
(A) valid existing rights;
(B) the condition that the owner make the offer to
convey all or part of the non-Federal land during the
3-year period beginning on the date of enactment of
this Act;
(C) the condition that the owner of the non-Federal
land pay not less than 50 percent of all costs relating
to the land exchange, including the costs of
appraisals, surveys, and any necessary environmental
clearances;
(D) the condition that title to the non-Federal land
be acceptable to the Secretary and in conformance with
the title approval standards applicable to Federal land
acquisitions;
(E) the condition that any sites on the Federal land
that are determined to be eligible for inclusion in the
National Register of Historic Places shall not be
included in the exchange, with any exclusion of land
under this subparagraph to be limited to the smallest
area necessary; and
(F) such terms and conditions as the Secretary or the
Secretary of Agriculture, as appropriate, may require.
(4) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Federal land and
the non-Federal land to be conveyed in each land
exchange under this subsection--
(i) shall be equal, as determined by
appraisals conducted in accordance with
subparagraph (B); or
(ii) if not equal, shall be equalized in
accordance with subparagraph (C).
(B) Appraisals.--
(i) In general.--The Federal land and the
non-Federal land to be exchanged under this
subsection shall be appraised by an
independent, qualified appraiser that is agreed
to by the Secretary or the Secretary of
Agriculture, as appropriate.
(ii) Requirements.--An appraisal under clause
(i) shall be conducted in accordance with--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(II) the Uniform Standards of
Professional Appraisal Practice.
(C) Equalization.--
(i) In general.--If the value of the Federal
land and the non-Federal land to be conveyed in
a land exchange under this subsection is not
equal, the value may be equalized by--
(I) making a cash equalization
payment to the Secretary or to the
owner of the non-Federal land, as
appropriate, in accordance with section
206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1716(b)); or
(II) reducing the acreage of the
Federal land or the non-Federal land to
be exchanged, as appropriate.
(ii) Cash equalization payments.--Any cash
equalization payments received by the Secretary
under clause (i)(I) shall be--
(I) deposited in the Federal Land
Disposal Account established by section
206(a) of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305(a));
and
(II) used in accordance with that
Act.
(5) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land to be exchanged under
paragraph (1) shall be determined by surveys approved by the
Secretary.
(6) Completion of land exchange.--It is the intent of
Congress that the land exchanges under this subsection be
completed not later than 5 years after the date of enactment of
this Act.
(7) Transfer of administrative jurisdiction.--
(A) In general.--Administrative jurisdiction over the
approximately 750 acres of Federal land managed by the
Bureau of Land Management generally depicted on the
land exchange map as ``Land transfer from BLM to USFS''
is transferred from the Bureau of Land Management to
the Forest Service.
(B) Administration.--The Secretary of Agriculture
shall administer the transferred land in accordance
with--
(i) the Act of March 1, 1911 (commonly known
as the ``Weeks Act'') (16 U.S.C. 480 et seq.);
and
(ii) the laws (including regulations)
applicable to the National Forest System.
(C) Costs.--Any costs relating to the transfer under
subparagraph (A), including any costs for surveys and
other administrative costs, shall be paid by the
Secretary of Agriculture.
(c) Cathedral Rock and Horse Heaven Wilderness Areas.--
(1) Designation of wilderness.--
(A) Cathedral rock wilderness.--Subject to paragraph
(4) and in furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Federal
land within the boundaries of the area generally
depicted on the proposed wilderness map as ``Proposed
Cathedral Rock Wilderness'' shall be designated as
wilderness and as a component of the National
Wilderness Preservation System, to be known as the
``Cathedral Rock Wilderness'', on the earlier of--
(i) the date on which the Secretary publishes
in the Federal Register notice that sufficient
inholdings within the boundaries of the
Proposed Cathedral Rock Wilderness have been
acquired to establish a manageable wilderness
unit; or
(ii) the date on which the Secretary acquires
secs. 2, 11, and 23 in T. 9 S, R. 19 E.
(B) Horse heaven wilderness.--Subject to paragraph
(4) and in furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Federal
land within the boundaries of the area generally
depicted on the proposed wilderness map as ``Proposed
Horse Heaven Wilderness'' shall be designated as
wilderness and as a component of the National
Wilderness Preservation System, to be known as the
``Horse Heaven Wilderness'', on the earlier of--
(i) the date on which the Secretary publishes
in the Federal Register notice that sufficient
inholdings within the boundaries of the
Proposed Horse Heaven Wilderness have been
acquired to establish a manageable wilderness
unit; or
(ii) the date on which the Secretary acquires
those portions of secs. 11, 12, 13, 23, and 24
in T. 10 S, R. 18 E. that are generally
depicted as within the boundaries of the
``Proposed Horse Heaven Wilderness'' on the
proposed wilderness map.
(C) Maps; legal descriptions.--
(i) In general.--As soon as practicable after
the date on which a wilderness area is
designated under subparagraph (A) or (B), the
Secretary shall prepare a map and legal
description of the wilderness area.
(ii) Force of law.--The maps and legal
descriptions prepared under clause (i) shall
have the same force and effect as if included
in this section, except that the Secretary may
correct minor errors in the maps and legal
descriptions.
(iii) Availability.--The maps and legal
descriptions prepared under clause (i) shall be
on file and available for public inspection in
the appropriate offices of the Bureau of Land
Management.
(D) Administration of wilderness.--
(i) In general.--Subject to valid existing
rights, each area designated as wilderness
under subparagraph (A) or (B) shall be
administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(I) any reference in the Wilderness
Act to the effective date of that Act
shall be considered to be a reference
to the date of enactment of this Act;
and
(II) any reference in the Wilderness
Act to the Secretary of Agriculture
shall be considered to be a reference
to the Secretary of the Interior.
(ii) Grazing.--The grazing of livestock in a
wilderness area designated under subparagraph
(A) or (B), if established before the date of
enactment of this Act, shall be permitted to
continue subject to such reasonable regulations
as are considered necessary by the Secretary,
in accordance with--
(I) section 4(d)(4) of the Wilderness
Act (16 U.S.C. 1133(d)(4)); and
(II) the guidelines set forth in
Appendix A of the report of the
Committee on Interior and Insular
Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(iii) Tribal rights.--Nothing in this
subsection alters, modifies, enlarges,
diminishes, or abrogates the treaty rights of
any Indian tribe, including the off-reservation
reserved rights secured by the Treaty with the
Tribes and Bands of Middle Oregon of June 25,
1855 (12 Stat. 963).
(iv) Fish and wildlife.--Nothing in this
subsection affects the jurisdiction or
responsibilities of the State with respect to
fish and wildlife in the State.
(v) Adjacent management.--
(I) In general.--Nothing in this
subsection creates any protective
perimeter or buffer zone around the
wilderness areas designated under
subparagraph (A) or (B).
(II) Activities outside wilderness.--
The fact that a nonwilderness activity
or use on land outside the wilderness
areas designated under subparagraph (A)
or (B) can be seen or heard within the
wilderness areas shall not preclude the
activity or use outside the boundary of
the wilderness areas.
(vi) Incorporation of acquired land and
interests.--Subject to paragraph (4), any land
or interest in land that is acquired by the
United States within the boundaries generally
depicted on the proposed wilderness map as
``Proposed Cathedral Rock Wilderness'' and
``Proposed Horse Heaven Wilderness'' shall--
(I) become part of the proposed
wilderness area or wilderness area, as
applicable; and
(II) be managed in accordance with--
(aa) this subsection; and
(bb) any other applicable
laws.
(vii) Cathedral rock wilderness.--On terms
acceptable to Jefferson County, Oregon, and the
owners of the applicable non-Federal land,
access to the Cathedral Rock Wilderness
designated by subparagraph (A) from Muddy Creek
Road is authorized.
(2) Interim management.--Prior to the designation of the
areas as wilderness in accordance with paragraph (1), the
Federal land within each area shall be managed in a manner
that--
(A) protects cultural and archaeological resources;
and
(B) maintains the suitability of the area for
designation as wilderness.
(3) Withdrawal.--Subject to valid existing rights, the
Federal land and any land or interest in land that is acquired
by the United States within the boundaries generally depicted
on the proposed wilderness map as ``Proposed Cathedral Rock
Wilderness'' and ``Proposed Horse Heaven Wilderness'' is
withdrawn from all forms of--
(A) entry, appropriation, and disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(4) Termination of authority.--
(A) Cathedral rock.--If the Cathedral Rock Wilderness
is not designated as wilderness in accordance with
paragraph (1)(A) by the date that is 10 years after the
date of enactment of this Act, paragraphs (1) and (2)
shall cease to be effective with respect to the Federal
land described in paragraph (1)(A).
(B) Horse heaven.--If the Horse Heaven Wilderness is
not designated as wilderness in accordance with
paragraph (1)(B) by the date that is 10 years after the
date of enactment of this Act, paragraphs (1) and (2)
shall cease to be effective with regard to the Federal
land described in paragraph (1)(B).
SEC. 3. WILD ROGUE WILDERNESS AREA.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Map.--The term ``map'' means the map entitled ``Wild
Rogue Wilderness Additions'' and dated June 12, 2013.
(3) 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.
(4) 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 56,100 acres of Federal
land in the State of Oregon generally depicted on the map as
``BLM Proposed Wilderness'' and ``Proposed USFS Wilderness''
shall be added to and administered as part of the Wild Rogue
Wilderness in accordance with Public Law 95-237 (16 U.S.C. 1132
note; 92 Stat. 40), 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.
(c) Potential Addition to Wilderness Area.--
(1) Designation.--Subject to paragraph (3) and in furtherance
of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.),
certain public land in the State of Oregon administered by the
Secretary of the Interior, compromising approximately 600
acres, as generally depicted on the map as ``Potential
Wilderness'', shall be added to and administered as part of the
Wild Rogue Wilderness.
(2) Interim management.--Subject to valid existing rights,
the Secretary shall manage the land described in paragraph (1)
to protect its suitability for designation as wilderness until
the date on which the land is designated as wilderness in
accordance with paragraph (3).
(3) Wilderness designation.--
(A) In general.--The land described in paragraph (1)
shall be designated as wilderness and added to and
administered as part of the Wild Rogue Wilderness on
the date on which the Secretary publishes in the
Federal Register notice that the conditions in the
potential wilderness area that are incompatible with
the Wilderness Act (16 U.S.C. 1131 et seq.) have been
removed.
(B) Administration.--On designation as wilderness
under paragraph (1), the land described in that
paragraph shall be administered in accordance with this
Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and
Public Law 95-237 (16 U.S.C. 1132 note; 92 Stat. 40).
(4) Withdrawal.--Subject to valid existing rights, the land
described in 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 pertaining to mineral
and geothermal leasing or mineral materials.
(d) Withdrawal Area Protections.--
(1) In general.--The Secretary shall manage the Federal land
described in paragraph (2) in a manner that preserves the
natural and primitive character of the land for recreational,
scenic, and scientific use.
(2) Description of the land.--The Federal land referred to in
paragraph (1) is the approximately 4,000 acres generally
depicted on the map as ``Withdrawal Area''.
(3) Maps and legal descriptions.--
(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 land
described in paragraph (2).
(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.
(4) Use of land.--
(A) In general.--Subject to valid existing rights,
with respect to the Federal land described in paragraph
(2), the Secretary shall only allow uses that are
consistent with the purposes described in paragraph
(1).
(B) Prohibited uses.--The following shall be
prohibited on the Federal land described in paragraph
(2):
(i) Permanent roads.
(ii) Commercial enterprises.
(iii) Except as necessary to meet the minimum
requirements for the administration of the
Federal land and to protect public health and
safety--
(I) the use of motor vehicles; or
(II) the establishment of temporary
roads.
(5) Withdrawal.--Subject to valid existing rights, the
Federal land described in paragraph (2) is withdrawn from--
(A) all forms of 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.
(e) Wild and Scenic River Designations, Rogue River Area.--
(1) Amendments.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5)
and inserting the following:
``(5) Rogue, oregon.--
``(A) In general.--The segment of the river extending
from the mouth of the Applegate River downstream to the
Lobster Creek Bridge, to be administered by the
Secretary of the Interior or the Secretary of
Agriculture, as agreed to by the Secretaries of the
Interior and Agriculture or as directed by the
President.
``(B) Additions.--In addition to the segment
described in subparagraph (A), there are designated the
following segments in the Rogue River:
``(i) Kelsey creek.--The approximately 4.8-
mile segment of Kelsey Creek from the east
section line of T. 32 S., R. 9 W., sec. 34,
Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
``(ii) East fork kelsey creek.--The
approximately 4.6-mile segment of East Fork
Kelsey Creek from the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W., sec. 5,
Willamette Meridian, to the confluence with
Kelsey Creek, as a wild river.
``(iii) Whisky creek.--
``(I) Recreational river.--The
approximately 0.6-mile segment of
Whisky Creek from the confluence of the
East Fork and West Fork to 0.1 miles
downstream from road 33-8-23, as a
recreational river.
``(II) Wild river.--The approximately
1.9-mile segment of Whisky Creek from
0.1 miles downstream from road 33-8-23
to the confluence with the Rogue River,
as a wild river.
``(iv) East fork whisky creek.--
``(I) Wild river.--The approximately
2.6-mile segment of East Fork Whisky
Creek from the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W., sec. 11,
Willamette Meridian, to 0.1 miles
downstream of road 33-8-26 crossing, as
a wild river.
``(II) Recreational river.--The
approximately 0.3-mile segment of East
Fork Whisky Creek from 0.1 miles
downstream of road 33-8-26 to the
confluence with Whisky Creek, as a
recreational river.
``(v) West fork whisky creek.--The
approximately 4.8-mile segment of West Fork
Whisky Creek from its headwaters to the
confluence with Whisky Creek, as a wild river.
``(vi) Big windy creek.--
``(I) Scenic river.--The
approximately 1.5-mile segment of Big
Windy Creek from its headwaters to 0.1
miles downstream from road 34-9-17.1,
as a scenic river.
``(II) Wild river.--The approximately
5.8-mile segment of Big Windy Creek
from 0.1 miles downstream from road 34-
9-17.1 to the confluence with the Rogue
River, as a wild river.
``(vii) East fork big windy creek.--
``(I) Scenic river.--The
approximately 0.2-mile segment of East
Fork Big Windy Creek from its
headwaters to 0.1 miles downstream from
road 34-8-36, as a scenic river.
``(II) Wild river.--The approximately
3.7-mile segment of East Fork Big Windy
Creek from 0.1 miles downstream from
road 34-8-36 to the confluence with Big
Windy Creek, as a wild river.
``(viii) Little windy creek.--The
approximately 1.9-mile segment of Little Windy
Creek from 0.1 miles downstream of road 34-8-36
to the confluence with the Rogue River, as a
wild river.
``(ix) Howard creek.--
``(I) Scenic river.--The
approximately 0.3-mile segment of
Howard Creek from its headwaters to 0.1
miles downstream of road 34-9-34, as a
scenic river.
``(II) Wild river.--The approximately
6.9-mile segment of Howard Creek from
0.1 miles downstream of road 34-9-34 to
the confluence with the Rogue River, as
a wild river.
``(x) Mule creek.--The approximately 6.3-mile
segment of Mule Creek from the east section
line of T. 32 S., R. 10 W., sec. 25, Willamette
Meridian, to the confluence with the Rogue
River, as a wild river.
``(xi) Anna creek.--The approximately 3.5-
mile segment of Anna Creek from its headwaters
to the confluence with Howard Creek, as a wild
river.
``(xii) Missouri creek.--The approximately
1.6-mile segment of Missouri Creek from the
Wild Rogue Wilderness boundary in T. 33 S., R.
10 W., sec. 24, Willamette Meridian, to the
confluence with the Rogue River, as a wild
river.
``(xiii) Jenny creek.--The approximately 1.8-
mile segment of Jenny Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 9 W., sec.
28, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
``(xiv) Rum creek.--The approximately 2.2-
mile segment of Rum Creek from the Wild Rogue
Wilderness boundary in T. 34 S., R. 8 W., sec.
9, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
``(xv) East fork rum creek.--The
approximately 1.3-mile segment of East Rum
Creek from the Wild Rogue Wilderness boundary
in T. 34 S., R. 8 W., sec. 10, Willamette
Meridian, to the confluence with Rum Creek, as
a wild river.
``(xvi) Wildcat creek.--The approximately
1.7-mile segment of Wildcat Creek from its
headwaters downstream to the confluence with
the Rogue River, as a wild river.
``(xvii) Montgomery creek.--The approximately
1.8-mile segment of Montgomery Creek from its
headwaters downstream to the confluence with
the Rogue River, as a wild river.
``(xviii) Hewitt creek.--The approximately
1.2-mile segment of Hewitt Creek from the Wild
Rogue Wilderness boundary in T. 33 S., R. 9 W.,
sec. 19, Willamette Meridian, to the confluence
with the Rogue River, as a wild river.
``(xix) Bunker creek.--The approximately 6.6-
mile segment of Bunker Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xx) Dulog creek.--
``(I) Scenic river.--The
approximately 0.8-mile segment of Dulog
Creek from its headwaters to 0.1 miles
downstream of road 34-8-36, as a scenic
river.
``(II) Wild river.--The approximately
1.0-mile segment of Dulog Creek from
0.1 miles downstream of road 34-8-36 to
the confluence with the Rogue River, as
a wild river.
``(xxi) Quail creek.--The approximately 1.7-
mile segment of Quail Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 10 W., sec.
1, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
``(xxii) Meadow creek.--The approximately
4.1-mile segment of Meadow Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxiii) Russian creek.--The approximately
2.5-mile segment of Russian Creek from the Wild
Rogue Wilderness boundary in T. 33 S., R. 8 W.,
sec. 20, Willamette Meridian, to the confluence
with the Rogue River, as a wild river.
``(xxiv) Alder creek.--The approximately 1.2-
mile segment of Alder Creek from its headwaters
to the confluence with the Rogue River, as a
wild river.
``(xxv) Booze creek.--The approximately 1.5-
mile segment of Booze Creek from its headwaters
to the confluence with the Rogue River, as a
wild river.
``(xxvi) Bronco creek.--The approximately
1.8-mile segment of Bronco Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxvii) Copsey creek.--The approximately
1.5-mile segment of Copsey Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxviii) Corral creek.--The approximately
0.5-mile segment of Corral Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxix) Cowley creek.--The approximately
0.9-mile segment of Cowley Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxx) Ditch creek.--The approximately 1.8-
mile segment of Ditch Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 9 W., sec.
5, Willamette Meridian, to its confluence with
the Rogue River, as a wild river.
``(xxxi) Francis creek.--The approximately
0.9-mile segment of Francis Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxxii) Long gulch.--The approximately 1.1-
mile segment of Long Gulch from the Wild Rogue
Wilderness boundary in T. 33 S., R. 10 W., sec.
23, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
``(xxxiii) Bailey creek.--The approximately
1.7-mile segment of Bailey Creek from the west
section line of T. 34 S., R. 8 W., sec. 14,
Willamette Meridian, to the confluence of the
Rogue River, as a wild river.
``(xxxiv) Shady creek.--The approximately
0.7-mile segment of Shady Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxxv). Slide creek.----
``(I) Scenic river.--The
approximately 0.5-mile segment of Slide
Creek from its headwaters to 0.1 miles
downstream from road 33-9-6, as a
scenic river.
``(II) Wild river.--The approximately
0.7-mile section of Slide Creek from
0.1 miles downstream of road 33-9-6 to
the confluence with the Rogue River, as
a wild river.''.
(2) 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 paragraph (1))
shall be managed as part of the Rogue Wild and Scenic River.
(3) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the river segments
designated under subparagraph (B) of section 3(a)(5) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by
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 pertaining to mineral
and geothermal leasing or mineral materials.
(f) Additional Protections for Rogue River Tributaries.--
(1) Licensing by commission.--The Commission shall not
license the construction of any dam, water conduit, reservoir,
powerhouse, transmission line, or other project works on or
directly affecting any stream described in 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; and
(ii) that provides a net benefit to water
quality and aquatic resources.
(3) Withdrawal.--Subject to valid existing rights, the
Federal land located within a \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 4.5-mile segment
of Kelsey Creek from its headwaters to the east section
line of T. 32 S., R. 9 W., sec. 34.
(B) East fork kelsey creek.--The approximately 0.2-
mile segment of East Fork Kelsey Creek from its
headwaters to the Wild Rogue Wilderness boundary in T.
33 S., R. 8 W., sec. 5.
(C) East fork whisky creek.--The approximately 0.9-
mile segment of East Fork Whisky Creek from its
headwaters to the Wild Rogue Wilderness boundary in T.
33 S., R. 8 W., sec. 11.
(D) Little windy creek.--The approximately 1.2-mile
segment of Little Windy Creek from its headwaters to
the west section line of T. 33 S., R. 9 W., sec. 34.
(E) Mule creek.--The approximately 5.1-mile segment
of Mule Creek from its headwaters to the east section
line of T. 32 S., R. 10 W., sec. 25.
(F) Missouri creek.--The approximately 3.1-mile
segment of Missouri Creek from its headwaters to the
Wild Rogue Wilderness boundary in T. 33 S., R. 10 W.,
sec. 24.
(G) Jenny creek.--The approximately 3.1-mile segment
of Jenny Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 9 W., sec. 28.
(H) Rum creek.--The approximately 2.2-mile segment of
Rum Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 34 S., R. 8 W., sec. 9.
(I) East fork rum creek.--The approximately 0.8-mile
segment of East Fork Rum Creek from its headwaters to
the Wild Rogue Wilderness boundary in T. 34 S., R. 8
W., sec. 10.
(J) Hewitt creek.--The approximately 1.4-mile segment
of Hewitt Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 9 W., sec. 19.
(K) 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.
(L) Russian creek.--The approximately 0.1-mile
segment of Russian Creek from its headwaters to the
Wild Rogue Wilderness boundary in T. 33 S., R. 8 W.,
sec. 20.
(M) 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.
(N) Long gulch.--The approximately 1.4-mile segment
of Long Gulch from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 10 W., sec. 23.
(O) Bailey creek.--The approximately 1.4-mile segment
of Bailey Creek from its headwaters to the west section
line of T. 34 S., R. 8 W., sec. 14.
(P) Quartz creek.--The approximately 3.3-mile segment
of Quartz Creek from its headwaters to its confluence
with the North Fork Galice Creek.
(Q) North fork galice creek.--The approximately 5.7-
mile segment of the North Fork Galice Creek from its
headwaters to its confluence with Galice Creek.
(R) Grave creek.--The approximately 10.2-mile segment
of Grave Creek from the confluence of Wolf Creek
downstream to the confluence with the Rogue River.
(S) Centennial gulch.--The approximately 2.2-mile
segment of Centennial Gulch from its headwaters to its
confluence with the Rogue River.
(T) Galice creek.--The approximately 2.2-mile segment
of Galice Creek from the confluence with the South Fork
Galice Creek downstream to the Rogue River.
SEC. 4. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS, MOLALLA RIVER,
OREGON.
(a) In General.--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:
``(208) 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.''.
(b) Technical Corrections.--Section 3(a)(102) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(102)) is amended--
(1) in the heading, by striking ``Squaw creek'' and inserting
``Whychus creek'';
(2) in the matter preceding subparagraph (A), 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'';
and
(3) in subparagraph (B), by striking ``McAllister Ditch'' and
inserting ``Plainview Ditch''.
SEC. 5. TECHNICAL CORRECTIONS TO THE WILD AND SCENIC RIVERS ACT.
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'' and inserting ``7.5''; 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'' and inserting ``9.5''; 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.''.
Purpose
The purposes of S. 353 are to authorize the Secretary of
the Interior to undertake three land exchanges in the State of
Oregon; to designate certain river segments of the Molalla,
Chetco, and Rogue Rivers in Oregon and their tributaries as
components of the National Wild and Scenic River System; and to
designate the Cathedral Rock and Horse Heaven wilderness areas
and additions to the Wild Rogue Wilderness on Federal lands in
Oregon.
Background and Need
The Chetco, Rogue, and Molalla Rivers are important
watersheds west of the Cascade Mountains. Together, they
provide critical 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 Act, and this bill would change some of the
previous classifications from ``scenic'' to ``wild'' and from
``recreational'' to ``scenic.'' The bill also addresses a long-
standing concern for the sensitivity of the Chetco river system
by withdrawing lands from mineral entry along the river
extending from the Kalmiopsis Wilderness within the Rogue
River-Siskiyou National Forest (RR-SNF).
The Rogue River was one of the eight original rivers
designated in the Wild and Scenic Rivers Act in 1968. S. 353
would add an additional 35 tributaries and nearly 93 additional
miles of the Rogue Rive to the Wild and Scenic River
designation.
S. 353 would also designate approximately 15 miles of the
Molalla River and 6.2 miles of its Table Rock Fork as additions
to the Wild and Scenic Rivers System. The Bureau of Land
Management (BLM) has determined the Molalla River and the Table
Rock Fork are appropriate for wild and scenic designation. Such
a designation would cause few changes to BLM's current
administration of the rivers, and is consistent with the
designation of the adjacent Table Rock Wilderness, which was
established in 1984.
S. 353 designates two new wilderness areas in Oregon and
makes significant additions to a previously-designated
wilderness area. The Wild Rogue Wilderness was first
established in 1978, totaling 36,000 acres. S. 353 adds
approximately 58,000 acres to the Wild Rogue Wilderness. The
bill also provides for the designation of two new wilderness
areas on lands BLM lands--the Cathedral Rock and Horse Heaven
Wilderness Areas, if certain lands are acquired. Located along
the John Day Wild and Scenic River, the Cathedral Rock
Wilderness include Wagner Mountain, the highest point in the
area. The nearby Horse Heaven Wilderness, which was named for
its abundant grasslands, includes rolling plains and steep
terrain.
To facilitate the designation of the Cathedral Rock and
Horse Heaven wilderness areas, S. 353 provides for three equal-
value land exchanges, exchanging private lands for scattered
parcels of BLM land in the area. Addressing the
``checkerboard'' landownership will reduce the significant
administrative and resource management challenges for both the
BLM and the private landowners in an area west of the John Day
River that is characterized by distinctive high-desert scenery,
sensitive fish and wildlife habitat, and outstanding
recreational opportunities.
Legislative History
Senators Wyden and Merkley introduced S. 353 on February
14, 2013. The Subcommittee on Public Lands, Forests, and Mining
held a hearing on S. 353 on April 25, 2013. At its business
meeting on June 18, 2013, the Committee ordered the bill
favorably reported with an amendment in the nature of a
substitute.
S. 353 combines elements from several bills considered by
the Committee in the 112th Congress: S. 403, S. 607, S. 764,
and S. 2001 (an in some cases, predecessor legislation in the
111th Congress).
S. 403, the Molalla River Wild and Scenic Rivers Act, was
introduced by Senators Wyden and Merkley on February 17, 2012.
The Subcommittee on National Parks held a hearing on S. 403 on
May 11, 2011 (S. Hrg. 112-124).
Senators Wyden and Merkley introduced similar legislation
during the 111th Congress. S. 607, the Cathedral Rock and Horse
Heaven Wilderness Act of 2011, was introduced by Senators Wyden
and Merkley on March 17, 2011. The Subcommittee on Public Lands
and Forests held a hearing on the bill on May 18, 2011 (S. Hrg.
112-39).
S. 764, the Chetco River Protection Act of 2011, was
introduced by Senators Wyden and Merkley on April 7, 2011. The
Subcommittee on National Parks held a hearing the bill on July
29, 2011 (S. Hrg. 112-39).
S. 2001, the Rogue Wilderness Area Expansion Act of 2011,
was introduced by Senators Wyden and Merkley on December 15,
2011. The Subcommittee on Public Lands and Forests held a
hearing on the bill on March 22, 2012 (S. Hrg. 112-39).
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 353, if
amended as described herein.
Committee Amendment
During its consideration of S. 353, the Committee adopted
an amendment in the nature of a substitute. The amendment
incorporates several technical, clarifying, and conforming
changes, including updated map references and acreages for the
wilderness areas and wild and scenic river designations. The
amendment also clarifies the interim management of areas prior
to designation as wilderness.
The amendment is explained in detail in the section-by-
section analysis, below.
Section-by-Section Analysis
Section 1 provides the short title, ``Oregon Treasures Act
of 2013.''
Section 2(a) defines key terms used in this section,
relating to the Cathedral Rock and Horse Heaven wilderness
areas.
Subsection (b)(1) authorizes the Secretary of the Interior
(Secretary) to enter into land exchanges with private
landowners involving specified Federal land and non-Federal
land. The subsection describes the lands to be exchanged for
the Smith Exchange, the Shrum Exchange, and the Young Life
Exchange.
The Committee is aware that there are grazing permittees
within the proposed Cathedral Rock and Horse Heaven
Wildernesses who have expressed an interest in retiring those
permits and acquiring permits outside of the proposed
wilderness boundaries. If these grazing permittees make such a
proposal to the federal land agencies, the Committee encourages
the Federal land agencies to evaluate whether it may serve the
public interest.
Paragraph (2) requires that each land exchange be carried
out in accordance with section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716), including the
requirement that the Secretary determine that the public
interest will be well served by making the exchange.
Paragraph (3) adds additional conditions to the land
exchanges: that the exchanges be subject to valid existing
rights; that the private landowners make a conveyance offer
within three years of the date of enactment; that the private
landowners pay at least 50 percent of all related costs; that
the title to the non-Federal land be acceptable and conforming;
that any sites determined to be eligible for the National
Register of Historic Places not be included in the exchange and
limited in size to the smallest necessary area; and that any
further conditions the Secretaries of the Interior or
Agriculture deem necessary will apply.
Paragraph (4) provides that the value of the lands to be
exchanged shall be equal as determined by appraisals in
accordance with subparagraph (B) or equalized in accordance
with subparagraph (c).
Paragraph (5) requires that the acreage and legal
descriptions of the lands to be exchanged shall be determined
by surveys approved by the Secretary.
Paragraph (6) states that it is the intent of Congress that
the land exchanges should be completed no later than 5 years
from the enactment date.
Paragraph (7) transfers administrative jurisdiction over
750 acres of Federal land from Bureau of Land Management to the
Forest Service. The Secretary of Agriculture is required to
administer the lands in accordance with certain laws and to pay
the costs of the transfer.
Subsection (c)(1) designates as wilderness the Cathedral
Rock and Horse Heaven areas, as depicted on the proposed
wilderness map on the earlier of the date on which the
Secretary publishes a federal register notice, that sufficient
inholdings within the areas have been acquired to establish a
manageable wilderness area, or when certain, specified
inholding sections have been acquired. Subparagraph (C) directs
the Secretary to prepare, file, and make publicly available a
map and legal description of each wilderness area.
Subparagraph (D) describes the administration of the
wilderness areas, directing that each be administered, subject
to existing rights, according to the Wilderness Act and that
existing grazing shall continue, tribal rights shall not be
affected, state fish and wildlife responsibilities shall not be
affected, the land adjacent to the wilderness areas shall not
affected by the wilderness designation, later acquired lands or
interests within the wilderness boundaries shall become part of
the wilderness, and if the local county and the private
landowners come to an access agreement for Cathedral Rock
Wilderness via Muddy Creek Road then that access is authorized.
Paragraph (2) provides for interim management before the
areas are designated as wilderness, directing the Federal land
to be managed for protection of any cultural and archaeological
resources and for keeping the wilderness characteristics that
make the lands suitable for designation.
Paragraph (3) withdraws, subject to valid existing rights,
the existing Federal lands and any land later acquired by the
Federal government from: entry, appropriation, or disposal
under the public land laws; location, entry, and patent under
the mining laws; and regulation under the mineral leasing,
mineral materials, and geothermal leasing laws.
Paragraph (4)(A) provides that paragraphs (1) and (2) shall
cease to be effective if Cathedral Rock Wilderness is
designated as wilderness within 10 years from enactment.
Paragraph (B) contains an identical provision for the Horse
Heaven Wilderness.
Section 3(a) defines key terms used in this section, which
relates to additions to the Wild Rogue Wilderness Area.
Subsection (b)(1) provides that approximately 56,100 acres
of Federal land shall be added to and administered as part of
the Wild Rogue Wilderness, with the Secretary of the Interior
and the Secretary of Agriculture administering the BLM and
Forest Service land under their respective jurisdiction.
Paragraph (2) directs the respective secretaries to
prepare, file, and make publicly available a map and legal
description of each wilderness area.
Paragraph (3) withdraws, subject to valid existing rights,
the Wilderness additions from: entry, appropriation, or
disposal under the public land laws; location, entry, and
patent under the mining laws; and regulation under the mineral
leasing, mineral materials, and geothermal leasing laws.
Subsection (c) provides that approximately 600 acres of
land depicted on the referenced map as ``Potential Wilderness''
is to be designated as wilderness and managed as part of the
Wild Rogue Wilderness at such at time as the Secretary of the
Interior determines the conditions which are incompatible with
wilderness no longer exist. This subsection also directs the
Secretary to manage this area to protect its suitability for
future designation as wilderness. Furthermore, the subsection
withdraws, subject to valid existing rights, the potential
wilderness acres from: entry, appropriation, or disposal under
the public land laws; location, entry, and patent under the
mining laws; and regulation under the mineral leasing, mineral
materials, and geothermal leasing laws.
Subsection (d) provides that the approximately 4,000 acres
of land depicted on the referenced map as ``Withdrawal Area''
is to be withdrawn, subject to valid existing rights, from
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
regulation under the mineral leasing, mineral materials, and
geothermal leasing laws. The subsection also prohibits the
establishment within the area of permanent roads, commercial
endeavors, and motor vehicle use and temporary roads--except as
needed to protect public health and safety. Additionally, this
subsection directs the Secretary to prepare, file, and make
publicly available a map and legal description of the
withdrawal areas.
Subsection (e) amends the Wild and Scenic Rivers Act to
update the designation for the Rogue River to include
additional segments of the river and many of its tributaries.
The river segments are withdrawn, subject to valid existing
rights, from entry, appropriation, or disposal under the public
land laws; location, entry, and patent under the mining laws;
and regulation under the mineral leasing, mineral materials,
and geothermal leasing laws.
Subsection (f) provides for the specified protection for
segments of the listed tributaries of the Rogue River. These
segments are withdrawn for a quarter mile on each side of the
stream, subject to valid existing rights, from entry,
appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
regulation under the mineral leasing, mineral materials, and
geothermal leasing laws. This subsection directs the Federal
Energy Regulatory Commission to not license any project on
these stream segments or that would affect them. This
subsection also prohibits any other Federal agency from
involvement in a project that would affect these stream
segments, except for upkeep of existing projects at the date of
enactment or any projects that are primarily oriented toward
environmental restoration that provides a net benefit for water
quality and aquatic resources.
Section 4(a) amends the Wild and Scenic Rivers Act to
designate a 15.1 mile segment of the Molalla River and a 6.2
mile segment of the Table Rock Fork Molalla River as a
``recreational'' river. It also withdraws, subject to valid
existing rights, these segments from: entry, appropriation, or
disposal under the public land laws; location, entry, and
patent under the mining laws; and regulation under the mineral
leasing, mineral materials, and geothermal leasing laws.
Subsection (b) amends the Wild and Scenic Rivers Act to
update the names of creeks and ditches within the 15.4 mile
segment that historically was called ``Squaw Creek'' and now is
known as ``Whychus Creek.''
Section 5 amends the Wild and Scenic Rivers Act to modify
existing wild and scenic designations along the Chetco River in
Oregon. The ``wild'' segment increases two miles from 25.5 to
27.5. The ``scenic'' segment decreases by 0.5 miles from 8 to
7.5. The ``recreational'' segment decreases 1.5 miles from 11
to 9.5. It also withdraws, subject to valid existing rights,
these segments from: entry, appropriation, or disposal under
the public land laws; location, entry, and patent under the
mining laws; and regulation under the mineral leasing, mineral
materials, and geothermal leasing laws.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 353--Oregon Treasures Act of 2013
S. 353 would authorize the Bureau of Land Management (BLM)
and the Forest Service to exchange roughly 15,000 acres of
federal land for private lands totaling 12,000 acres. The bill
also would add a total of 55,000 acres of federal lands in
Oregon to the National Wilderness Preservation System. Finally,
the bill would designate certain tributaries of the Rogue and
Molalla Rivers in Oregon as components of the National Wild and
Scenic Rivers System.
Based on information provided by the affected agencies, CBO
estimates that implementing the bill would have no significant
impact on the federal budget. Enacting the legislation could
increase offsetting receipts and associated direct spending;
therefore, pay-as-you-go procedures apply. However, CBO expects
that any such changes would be small and would have no net
impact on direct spending over the 2014-2023 period. Enacting
S. 353 would not affect revenues.
S. 353 would authorize the Secretary to accept private
lands in exchange for federal lands. In addition, the bill
would allow the Secretary to accept a cash payment to equalize
the values of the properties that would be exchanged. Formal
appraisals of the properties have not been completed. Based on
the values of similar properties in the area, CBO expects that
the land being exchanged would be worth between $300 and $500
per acre and that the cash equalization payment would be
roughly $1 million because the federal government would receive
about 3,000 fewer acres than it would convey to private
entities. Any amounts received from a cash equalization payment
would be retained by the agency and spent, without further
appropriation, to acquire other lands in Oregon. CBO expects
that those amounts would be collected and spent within five
years of enactment of the bill.
The acreage and waterways that would be added by the
legislation to the National Wilderness Preservation System and
the Wild and Scenic Rivers System are currently administered by
BLM or the Forest Service. Because those areas are already
being managed for wilderness values, CBO estimates that minimal
additional funds would be required to manage the affected areas
as a result of the new designations.
S. 353 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contacts for this estimate are Maggie
Morrissey and Jeff LaFave. The estimate was approved by Theresa
Gullo, Deputy Assistant Director for Budget Analysis.
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. 353.
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. 353, as ordered reported.
Congressionally Directed Spending
S. 353, as 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 Bureau of Land Management and
the Forest Service at the April 25, 2013, Subcommittee on
Public Lands, Forests, and Mining hearing on S. 353 follows:
Statement of Jamie Connell, Acting Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for inviting the Department of the Interior to
testify on S. 353, the Oregon Treasures Act. The Department
supports S. 353 and would welcome the opportunity to work with
the Chairman on some minor modifications to this legislation.
S. 353 includes wilderness and wild and scenic river
designations in three areas of Oregon: Cathedral Rock and Horse
Heaven along the John Day River, the Wild Rogue in southwestern
Oregon, and the Molalla River in northern Oregon. This
legislation would conserve and protect these special places
that are treasured both locally and nationally.
cathedral rock & horse heaven wilderness
Background
Along the western bank of the John Day Wild and Scenic
River are lands proposed to become the Cathedral Rock
Wilderness. The lands planned for designation range from the
cliffs and canyons along the river heading westerly to steep
rolling hills punctuated by rocky escarpments. Wagner Mountain
is located in the center of the proposed wilderness and is the
highest point in the area. The geology is dominated by ancient
volcanics, composed of andesite flows, plugs, and domes. The
entire area is covered in rhyolite ash-flows which produce
dramatic red, white, and buff colored soils. Hunters and hikers
alike enjoy the breathtaking scenery as well as the resident
mule deer and elk populations, while rafters brave the John
Day's rapids. Cultural sites showcase prehistoric fossils,
stone tools, and rock art.
Four miles to the southwest of the Cathedral Rock region is
the proposed Horse Heaven Wilderness. The name reflects
Oregon's pioneer past when the flawless grasslands of the areas
were a closely guarded secret. Today that secret is out, and a
wide range of recreationists enjoy the area's many
opportunities. At more than 4,000 feet, Horse Heaven Mountain
serves as a worthy centerpiece to a diverse landscape
illustrating Oregon's high and low countries. Traveling south,
rolling plains and steep terrain dominate the area; to the
west, Muddy Creek is the area's lone perennial stream. Prairie
steppes throughout connect hearty shrubs and woodlands that
demonstrate steadfast resolve to thrive in the rocky soil.
S. 353, Section 2
The legislation provides for the exchange of lands between
three private parties and the Federal government which would
allow the consolidation of fragmented land patterns, the
designation of two new potential wilderness areas, and a
process for those areas becoming designated wilderness and
components of the National Wilderness Preservation System.
Should the land exchanges be completed, the additional land
would greatly enhance the wilderness quality and manageability
of the two areas proposed for wilderness.
The bill (section 2(b)) outlines a series of land exchanges
with three private parties. Under section 206 of the Federal
Land Policy and Management Act (FLPMA), the Bureau of Land
Management (BLM) has the authority to undertake land exchanges
that are in the public interest. Exchanges allow the BLM to
acquire environmentally-sensitive lands while transferring
public lands into private ownership for local needs and the
consolidation of scattered tracts. The lands proposed for
exchange out of Federal ownership are largely scattered
sections of public land intermingled with private land. In
principle, the BLM supports the land exchanges envisioned by
section 2(b); however, we would like the opportunity to
continue to work with the sponsor and the Committee to address
concerns specifically in the areas of public access and the
protection of cultural resources.
It is the Department's understanding that the Confederated
Tribes of the Warm Springs of Oregon continue to have concerns
about this legislation. Many of these lands are significant to
local tribes and we encourage the sponsor and the Committee to
continue to work toward resolving these issues.
The bill requires that the exchanges be consistent with
FLPMA, including the requirement that the Secretary determine
that the public interest would be served by completing the
exchange (section 2(b)(2)). We believe that this provides the
BLM latitude to withdraw specific lands from the exchange if
any serious impediments are discovered. Furthermore, the
legislation provides that the Secretary may add such additional
terms and conditions as appropriate (section 2(b)(3)(E)). We
believe this would allow the BLM to require that all non-
Federal parties are responsible for addressing any human safety
concerns or the remediation of hazardous materials on the lands
to be exchanged out of present ownership. Finally, the BLM
supports the provisions of the bill requiring that all three
exchanges be equal value exchanges, and that the appraisals be
undertaken consistent with Uniform Appraisal Standards.
The bill (section 2(c)) also proposes to designate two
potential wilderness areas, the ``Proposed Cathedral Rock
Wilderness'' and the ``Proposed Horse Heaven Wilderness'' on
the lands that would be consolidated under the land exchanges
envisioned by section 2(b) of the bill. When those land
exchanges are completed, the Cathedral Rock Wilderness would
include over 8,300 acres of public land and the Horse Heaven
Wilderness 9,000 acres. The legislation provides a process in
section 2(c)(2) for converting the ``proposed'' wilderness
areas into designated wilderness following adequate
acquisitions of the now private lands. The BLM could manage
these areas as wilderness following the exchanges. However,
absent the largest exchange envisioned under section 2 of S.
353, these areas would be impracticable for the BLM to manage
as wilderness. That proposed exchange with the local landowner,
``Young Life,'' involves the core of both the proposed
Cathedral Rock and Horse Heaven wilderness areas.
The current land patterns of both the ``Proposed Cathedral
Rock Wilderness'' and ``Proposed Horse Heaven Wilderness'' are
highly fragmented. The BLM manages approximately 4,500 acres in
seven, non-contiguous parcels within the Cathedral Rock area
and less than 3,000 acres in two separate parcels within Horse
Heaven. The land exchanges are, of course, optional for the
three private parties. If, in the end, the largest private land
owner decides not to pursue the exchange, managing the areas as
wilderness would not be practical given the fragmented nature
of the BLM landholdings in these two areas. The BLM supports
the provisions for interim management of the ``proposed'' areas
and the methodology for final designation if sufficient land
exchanges are consummated. Additionally, the BLM supports the
provisions in section 2(c)(4) of the bill providing for a
termination of the wilderness designation authority 10 years
after the date of enactment of the Act. This provides a
reasonable timeframe during which to either consummate the land
exchanges and designate the wilderness areas or return to
current management of the area.
Finally, section 2(b)(7) would transfer the administrative
jurisdiction of approximately 750 acres of BLM-managed lands to
the Forest Service. The BLM supports this transfer of lands
which will improve manageability.
wild rogue wilderness
Background
The Rogue River's headwaters begin near Crater Lake. It
then rushes 215 miles through the mountains and valleys of
southwestern Oregon, eventually emptying into the Pacific Ocean
near the town of Gold Beach. Over millions of years, the Rogue
has patiently carved its way through western Oregon's mountains
creating 3,000 foot canyons, rugged valleys and inspiring
scenery. Dense, old-growth forests flank the Rogue providing
habitat for older, forest-dependent species, including the
Northern Spotted Owl and the Marbled Murrelet. The cold, clear
waters of the river provide a home for Pacific salmon,
steelhead trout, and green sturgeon.
Recreationists are drawn to the entire Rogue River
watershed to experience nature in a multitude of ways. These
recreationists are a critical economic engine for local
economies and include commercial and sport fishing, rafting and
jet boat tours, and hiking and backpacking. The untamed
landscape offers countless opportunities for challenge,
exploration, and discovery.
The 36,000-acre Wild Rogue Wilderness was designated by an
Act of Congress (Public Law 95-237) in 1978. Located primarily
on lands managed by the U.S. Forest Service, the Wild Rogue
includes approximately 8,600 acres of lands administered by the
BLM. In 1968, Congress passed the Wild and Scenic Rivers Act
(Public Law 90-542), establishing the Wild and Scenic River
System and designating eight original rivers. As one of these
initial eight rivers, Oregon's Rogue River has long been
recognized for its beauty, exceptional recreational
opportunities, and extraordinary resource values.
S. 353, Section 3
The bill (section 3) proposes to enlarge the existing Wild
Rogue Wilderness by adding nearly 60,000 acres of land
administered by the BLM. This section also extends the existing
Rogue Wild and Scenic River by adding 93 miles of 35
tributaries of the Rogue to the wild and scenic river system.
In addition, the bill withdraws 50 miles of 20 other Rogue
River tributaries from operation of the 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 BLM supports the expansion of the Wild Rogue
Wilderness. This wild and rugged area is largely untrammeled.
It has largely retained its primeval character and has been
influenced primarily by the forces of nature with outstanding
opportunities for primitive recreation or solitude. Protection
of these wilderness characteristics is largely consistent with
the current management framework for these lands. We would like
the opportunity to work with the bill Sponsor and the Committee
on some modifications to the map and the legislation.
The BLM recommends that the legislation include language
directing the Secretary of the Interior to manage the BLM
portion of the current Wild Rogue Wilderness. When the Wild
Rogue Wilderness was established in 1978, the legislation
called for the Secretary of Agriculture to manage all of the
lands within the wilderness boundary. With this expansion, we
would like to correct that previous oversight and ensure that
both the original and the additional BLM-managed lands within
the Wild Rogue are managed by the BLM. Management of this area
will continue to be a cooperative exercise with the U. S.
Forest Service and involve many of the same staff that jointly
manage the Rogue's successful river program.
The bill excludes over 500 acres of BLM-managed lands on
the north side of the river within the external boundaries of
the wilderness addition from designation as wilderness by
cherry-stemming a road network where logging and other
activities have occurred. This could leave these lands open to
future development and potentially complicate management of the
surrounding lands as wilderness. While these lands show visible
effects of past logging activities and existing primitive roads
that do not meet the naturalness criteria of the Wilderness
Act, the BLM would like to discuss the possibility of
designating them as ``potential wilderness'' (as was done, for
example, to California's Elkhorn Ridge Potential Wilderness
Area through the Northern California Coastal Wild Heritage
Wilderness Act--Public Law 109-362). The BLM would consider
management of the area in order to actively restore or, where
more appropriate, passively restore these lands to move them
toward wilderness conditions that are consistent with future
Wilderness designation.
The BLM would also like to work with the Oregon delegation
on boundary modifications of the wilderness expansion to
improve manageability. There are portions of the proposed
wilderness where minor modifications to follow a road would
allow for a more recognizable and manageable boundary. In
addition, a few areas identified for wilderness designation on
the southeast side of the proposed expansion may raise
manageability concerns. Specifically, the inclusion of areas
south of Bailey Creek and east of the Rogue appears to present
conflicts with existing mining activity and other uses. The BLM
would like the opportunity to discuss these conflicts further
with the Committee and the bill's sponsor.
In 1968, when Congress established the National Wild and
Scenic Rivers System, it designated the Rogue as one of the
original eight rivers included in this system. Section 3(c)(1)
further enhances that initial designation by adding 35 specific
tributaries of the Rogue to the national system, thus
conserving the greater Rogue River watershed. In general, the
proposed stream segments are located in steep, sloped canyons
with mature and structurally complex forest stands that have
high conservation values. We support maintaining and enhancing
those conservation values through designating the 35
tributaries as Wild and Scenic.
Finally, Section 3(d) of S. 353 prohibits FERC from
licensing the construction of any new water or power projects
along 50 miles of 20 Rogue River tributaries. Additionally, the
bill would withdraw land for one-quarter mile along either side
of these tributaries from operation of the land laws, mining
laws, and mineral leasing laws. This withdrawal will protect
valid existing rights but would prohibit the sale or exchange
of any of these federal lands, the location of new mining
claims, new mineral or geothermal leases, and sales of mineral
materials. These withdrawals will provide additional
protections to this important watershed, and the Department
supports these provisions.
molalla wild & scenic river
Background
The Molalla River begins its journey to the sea on the
western slopes of the Cascade Mountains of Oregon. At an
elevation of 4,800 feet, the Molalla flows undammed for 49
miles west and north until it joins the Willamette River. For
years, the Molalla suffered from too much negative attention
from its visitors, including vandalism. To address these
problems, local residents joined together several years ago and
formed the Molalla River Alliance (MRA). The MRA, a nonprofit
all volunteer organization, has over 45 public and private
partners, including Federal, State, and local government
agencies; user groups; and conservationists. Working
cooperatively with BLM's local field office, the MRA has
provided the Molalla the care it needed. Today, we are pleased
that this subcommittee is considering designating approximately
21 miles of the river as a component of the National Wild and
Scenic Rivers System.
The Molalla River is home to important natural and cultural
resources. Protection of this watershed is crucial as the
source of drinking water for local communities and the
important spawning habitat it provides for several fish
species, including salmon and steelhead. Within an hour's drive
of the metropolitan areas of Portland and Salem, Oregon, the
Molalla watershed provides significant recreational
opportunities for fishing, canoeing, mountain biking, horseback
riding, hiking, hunting, camping, and swimming and draws over
65,000 visitors annually.
S. 353, Section 4
The bill (section 4) proposes to designate 15.1 miles of
the Molalla River and 6.2 miles of the Table Rock Fork of the
Molalla as components of the National Wild and Scenic Rivers
System. The Department supports these designations. In earlier
planning analyses, the BLM evaluated the Molalla River and the
Table Rock Fork of the Molalla River and determined that most
of these two rivers should be considered for designation as
wild and scenic rivers. As a result, the designation called for
would be largely consistent with management currently in place
and would cause few changes to BLM's current administration of
most of this area. The 5,700-acre Table Rock Wilderness,
designated by Congress in 1984, is embraced by the Molalla and
Table Rock Fork, and designation of these river segments would
reinforce the protections in place for the wilderness area.
Wild and scenic rivers are designated by Congress in one of
three categories: wild, scenic, or recreational. Differing
management proscriptions apply for each of these designations.
This bill specifies that these river segments be classified as
recreational. This classification is consistent with the strong
recreational values of this area as well as the presence of
roads along the course of the river segments and numerous
dispersed campsites along its shorelines.
Finally, section 5 of S. 353 applies to National Forest
System lands and we defer to the Forest Service on those
provisions.
conclusion
The conservation designations included in Senator Wyden's
Oregon Treasures Act, S. 353, are surely that--National
treasures. The Administration supports this legislation and
looks forward to the conservation and protection of these very
special places.
----------
Statement of James M. Pena, Associate Deputy Chief, National Forest
System, Forest Service, Department of Agriculture
Mr. Chairman, Ranking Member Barrasso, and members of the
Committee, thank you for inviting me here today to testify
regarding S. 353, the Oregon Treasures Act of 2013.
S. 353 would affect National Forest System (NFS) lands by
transferring administrative jurisdiction over a parcel of land
currently administered by the Bureau of Land Management (BLM)
to the Forest Service, and by making changes to two existing
wild and scenic rivers designations.
Section 2 of the bill provides for land exchanges between
BLM and private parties. We defer to BLM for its position on
those exchanges. One of the exchanges, identified in the bill
as the Young Life Exchange, would involve the conveyance of two
parcels of NFS land, comprising approximately 690 acres. The
Department has no objection to either of the parcels being
exchanged out of federal ownership if BLM determines that the
land exchange will provide a public benefit.
transfer of administrative jurisdiction
Section 2(b)(7) of the bill would transfer administrative
jurisdiction of certain BLM lands that lie within, or are
adjacent to, the Ochoco National Forest to the Forest Service.
The Department supports the transfer of jurisdiction over these
lands to the Forest Service. This mutually beneficial transfer
will make management of the federal lands more efficient.
wild and scenic river designations
Section 4(b) officially changes the name of ``Squaw Creek''
to ``Whychus Creek'' to better reflect local usage and current
geographic nomenclature standards. 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.
Section 5 of the bill 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. These changes will extend the wild segment an
additional 2 miles from Boulder Creek to Mislatnah Creek so
that the segment extends from the headwaters to Mislatnah Creek
for a total segment length of 27.5 miles; reduce the scenic
segment 1/2 mile so that it begins at Mislatnah Creek and ends
at Eagle Creek for a total segment length of 7.5 miles; and
reduce the recreational segment 1.5 miles so that it begins at
Eagle Creek while leaving its end at the Siskiyou National
Forest border unchanged, for a total segment length of 9.5
miles. The total length of the Chetco Wild and Scenic River
would remain 44.5 miles.
In addition, Section 5 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. Under the Wild and Scenic Rivers Act, only Federal lands
within segments designated as wild are subject to a mineral
withdrawal.
The Department is supportive of these technical changes as
they provide a more appropriate naming convention in the first
case, and better reflect management classifications and
direction for the Chetco River in the second case. The Chetco
River is a jewel of the south coast of Oregon and should be
protected from impacts that could change its river values and
current conditions, including tremendous anadromous fish runs.
This concludes our testimony and I would be happy to answer
any questions that you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 353, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
WILD AND SCENIC RIVERS ACT
Public Law 90-542; Approved October 2, 1968
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act be cited as the ``Wild and Scenic Rivers Act''.
* * * * * * *
Sec. 3(a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
* * * * * * *
[(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
4.8-mile segment of Kelsey Creek from
the east section line of T. 32 S., R. 9
W., sec. 34, Willamette Meridian, to
the confluence with the Rogue River, as
a wild river.
(ii) East fork kelsey creek.--The
approximately 4.6-mile segment of East
Fork Kelsey Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 8
W., sec. 5, Willamette Meridian, to the
confluence with Kelsey Creek, as a wild
river.
(iii) Whisky creek.----
(I) Recreational river.--The
approximately 0.6-mile segment
of Whisky Creek from the
confluence of the East Fork and
West Fork to 0.1 miles
downstream from road 33-8-23,
as a recreational river.
(II) Wild river.--The
approximately 1.9-mile segment
of Whisky Creek from 0.1 miles
downstream from road 33-8-23 to
the confluence with the Rogue
River, as a wild river.
(iv) East fork whisky creek.--
(I) Wild river.--The
approximately 2.6-mile segment
of East Fork Whisky Creek from
the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W.,
sec. 11, Willamette Meridian,
to 0.1 miles downstream of road
33-8-26 crossing, as a wild
river.
(II) Recreational river.--The
approximately 0.3-mile segment
of East Fork Whisky Creek from
0.1 miles downstream of road
33-8-26 to the confluence with
Whisky Creek, as a recreational
river.
(v) West fork whisky creek.--The
approximately 4.8-mile segment of West
Fork Whisky Creek from its headwaters
to the confluence with Whisky Creek, as
a wild river.
(vi) Big windy creek.--
(I) Scenic river.--The
approximately 0.2-mile segment
of East Fork Big Windy Creek
from its headwaters to 0.1
miles downstream from road 34-
8-36, as a scenic river.
(II) Wild river.--The
approximately 3.7-mile segment
of East Fork Big Windy Creek
from 0.1 miles downstream from
road 34-8-36 to the confluence
with Big Windy Creek, as a wild
river.
(vii) East fork big windy creek.--
(I) Scenic river.--The
approximately 0.2-mile segment
of East Fork Big Windy Creek
from its headwaters to 0.1
miles downstream from road 34-
8-36, as a scenic river.
(II) Wild river.--The
approximately 3.7-mile segment
of East Fork Big Windy Creek
from 0.1 miles downstream from
road 34-8-36 to the confluence
with Big Windy Creek, as a wild
river.
(viii) Little windy creek.--The
approximately 1.9-mile segment of
Little Windy Creek from 0.1 miles
downstream of road 34-8-36 to the
confluence with the Rogue River, as a
wild river.
(ix) Howard creek.----
(I) Scenic river.--The
approximately 0.3-mile segment
of Howard Creek from its
headwaters to 0.1 miles
downstream of road 34-9-34, as
a scenic river.
(II) Wild river.--The
approximately 6.9-mile segment
of Howard Creek from 0.1 miles
downstream of road 34-9-34 to
the confluence with the Rogue
River, as a wild river.
(x) Mule creek.--The approximately
6.3-mile segment of Mule Creek from the
east section line of T. 32 S., R. 10
W., sec. 25, Willamette Meridian, to
the confluence with the Rogue River, as
a wild river.
(xi) Anna creek.--The approximately
3.5-mile segment of Anna Creek from its
headwaters to the confluence with
Howard Creek, as a wild river.
(xii) Missouri creek.--The
approximately 1.6-mile segment of
Missouri Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 10
W., sec. 24, Willamette Meridian, to
the confluence with the Rogue River, as
a wild river.
(xiii) Jenny creek.--The
approximately 1.8-mile segment of Jenny
Creek from the Wild Rogue Wilderness
boundary in T. 33 S., R. 9 W., sec. 28,
Willamette Meridian, to the confluence
with the Rogue River, as a wild river.
(xiv) Rum creek.--The approximately
2.2-mile segment of Rum Creek from the
Wild Rogue Wilderness boundary in T. 34
S., R. 8 W., sec. 9, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
(xv) East fork rum creek.--The
approximately 1.3-mile segment of East
Rum Creek from the Wild Rogue
Wilderness boundary in T. 34 S., R. 8
W., sec. 10, Willamette Meridian, to
the confluence with Rum Creek, as a
wild river.
(xvi) Wildcat creek.--The
approximately 1.7-mile segment of
Wildcat Creek from its headwaters
downstream to the confluence with the
Rogue River, as a wild river.
(xvii) Montgomery creek.--The
approximately 1.8-mile segment of
Montgomery Creek from its headwaters
downstream to the confluence with the
Rogue River, as a wild river.
(xviii) Hewitt creek.--The
approximately 1.2-mile segment of
Hewitt Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 9
W., sec. 19, Willamette Meridian, to
the confluence with the Rogue River, as
a wild river.
(xix) Bunker creek.--The
approximately 6.6-mile segment of
Bunker Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xx) Dulog creek.----
(I) Scenic river.--The
approximately 0.8-mile segment
of Dulog Creek from its
headwaters to 0.1 miles
downstream of road 34-8-36, as
a scenic river.
(II) Wild river.--The
approximately 1.0-mile segment
of Dulog Creek from 0.1 miles
downstream of road 34-8-36 to
the confluence with the Rogue
River, as a wild river.
(xxi) Quail creek.--The approximately
1.7-mile segment of Quail Creek from
the Wild Rogue Wilderness boundary in
T. 33 S., R. 10 W., sec. 1, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
(xxii) Meadow creek.--The
approximately 4.1-mile segment of
Meadow Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxiii) Russian creek.--The
approximately 2.5-mile segment of
Russian Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 8
W., sec. 20, Willamette Meridian, to
the confluence with the Rogue River, as
a wild river.
(xxiv) Alder creek.--The
approximately 1.2-mile segment of Alder
Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxv) Booze creek.--The approximately
1.5-mile segment of Booze Creek from
its headwaters to the confluence with
the Rogue River, as a wild river.
(xxvi) Bronco creek.--The
approximately 1.8-mile segment of
Bronco Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxvii) Copsey creek.--The
approximately 1.5-mile segment of
Copsey Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxviii) Corral creek.--The
approximately 0.5-mile segment of
Corral Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxix) Crowley creek.--The
approximately 0.9-mile segment of
Cowley Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxx) Ditch creek.--The approximately
1.8-mile segment of Ditch Creek from
the Wild Rogue Wilderness boundary in
T. 33 S., R. 9 W., sec. 5, Willamette
Meridian, to its confluence with the
Rogue River, as a wild river.
(xxxi) Francis creek.--The
approximately 0.9-mile segment of
Francis Creek from its headwaters to
the confluence with the Rogue River, as
a wild river.
(xxxii) Long gulch.--The
approximately 1.1-mile segment of Long
Gulch from the Wild Rogue Wilderness
boundary in T. 33 S., R. 10 W., sec.
23, Willamette Meridian, to the
confluence with the Rogue River, as a
wild river.
(xxxiii) Bailey creek.--The
approximately 1.7-mile segment of
Bailey Creek from the west section line
of T. 34 S., R.8 W., sec.14, Willamette
Meridian, to the confluence of the
Rogue River, as a wild river.
(xxxiv) Shady creek.--The
approximately 0.7-mile segment of Shady
Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxxv). Slide creek.--
(I) Scenic river..--The
approximately 0.5-mile segment
of Slide Creek from its
headwaters to 0.1 miles
downstream from road 33-9-6, as
a scenic river.
(II) Wild river.--The
approximately 0.7-mile section
of Slide Creek from 0.1 miles
downstream of road 33-9-6 to
the confluence with the Rogue
River, as a wild river.
* * * * * * *
(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] 7.5-mile segments
from [Boulder Creek to Steel Bridge]
Mislatnah Creek to Eagle Creek as a
scenic river; and
[(C)](iii) the [11] 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 in 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.
* * * * * * *
(102) [Squaw creek] Whychus creek, oregon.--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 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) The 6.6-mile segment and its tributaries
from the source to the Three Sisters Wilderness
boundary as a wild river; and
(B) 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.
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(208) 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.
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