I 

112TH CONGRESS 

1ST SESSION H. R. 3436 

To expand the Wild Rogue Wilderness Area in the State of Oregon, to 

make additional wild and scenic river designations in the Rogue River 

area, and to provide additional protections for Rogue River tributaries, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2011 

Mr. DEFAZIO (for himself, Mr. SCHRADER, and Mr. BLUMENAUER) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To expand the Wild Rogue Wilderness Area in the State 

of Oregon, to make additional wild and scenic river designations in the Rogue River area, and to provide additional protections for Rogue River tributaries, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXPANSION OF WILD ROGUE WILDERNESS 

4 AREA. 

5 (a) EXPANSION.—In accordance with the Wilderness 

6 Act (16 U.S.C. 1131 et seq.), certain Federal land man7 aged by the Bureau of Land Management, comprising apVerDate Mar 15 2010 21:06 Nov 18, 2011 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3436.IH H3436

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1 proximately 58,100 acres, as generally depicted on the 

2 map entitled ‘‘Wild Rogue’’, dated September 16, 2010, 

3 are hereby included in the Wild Rogue Wilderness, a com4 ponent of the National Wilderness Preservation System. 

5 (b) MAPS AND LEGAL DESCRIPTIONS.— 

6 (1) IN GENERAL.—As soon as practicable after 

7 the date of enactment of this Act, the Secretary of 

8 the Interior shall file a map and a legal description 

9 of the wilderness area designated by this section, 

10 with— 

11 (A) the Committee on Energy and Natural 

12 Resources of the Senate; and 

13 (B) the Committee on Natural Resources 

14 of the House of Representatives. 

15 (2) FORCE OF LAW.—The maps and legal de16 scriptions filed under paragraph (1) shall have the 

17 same force and effect as if included in this subtitle, 

18 except that the Secretary may correct typographical 

19 errors in the maps and legal descriptions. 

20 (3) PUBLIC AVAILABILITY.—Each map and 

21 legal description filed under paragraph (1) shall be 

22 on file and available for public inspection in the ap23 propriate offices of the Bureau of Land Manage24 ment. 


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1 (c) ADMINISTRATION.—Subject to valid existing 

2 rights, the area designated as wilderness by this section 

3 shall be administered by the Secretary of the Interior in 

4 accordance with the Wilderness Act (16 U.S.C. 1131 et 

5 seq.). 

6 (d) WITHDRAWAL.—Subject to valid rights in exist7 ence on the date of enactment of this Act, the Federal 

8 land designated as wilderness by this section is withdrawn 

9 from all forms of— 

10 (1) entry, appropriation, or disposal under the 

11 public land laws; 

12 (2) location, entry, and patent under the mining 

13 laws; and 

14 (3) disposition under all laws pertaining to min15 eral and geothermal leasing or mineral materials. 

16 SEC. 2. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE 

17 RIVER AREA. 

18 (a) AMENDMENTS.—Section 3(a)(5) of the Wild and 

19 Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (relating to the 

20 Rogue River, Oregon) is amended by adding at the end 

21 the following: 

22 ‘‘In addition to the segment described in the 

23 previous sentence, the following segments in the 

24 Rogue River area are designated: 


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1 ‘‘(A) KELSEY CREEK.—The approximately 

2 4.8 miles of Kelsey Creek from east section line 

3 of T32S, R9W, sec. 34, W.M. to the confluence 

4 with the Rogue River as a wild river. 

5 ‘‘(B) EAST FORK KELSEY CREEK.—The 

6 approximately 4.6 miles of East Fork Kelsey 

7 Creek from the Wild Rogue Wilderness bound8 ary in T33S, R8W, sec. 5, W.M. to the con9 fluence with Kelsey Creek as a wild river. 

10 ‘‘(C) WHISKY CREEK.— 

11 ‘‘(i) The approximately 0.6 miles of 

12 Whisky Creek from the confluence of the 

13 East Fork and West Fork to 0.1 miles 

14 downstream from road 33-8-23 as a rec15 reational river. 

16 ‘‘(ii) The approximately 1.9 miles of 

17 Whisky Creek from 0.1 miles downstream 

18 from road 33-8-23 to the confluence with 

19 the Rogue River as a wild river. 

20 ‘‘(D) EAST FORK WHISKY CREEK.— 

21 ‘‘(i) The approximately 2.8 miles of 

22 East Fork Whisky Creek from the Wild 

23 Rogue Wilderness boundary in T33S, 

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1 stream of road 33-8-26 crossing as a wild 

2 river. 

3 ‘‘(ii) The approximately .3 miles of 

4 East Fork Whisky Creek from 0.1 miles 

5 downstream of road 33-8-26 to the con6 fluence with Whisky Creek as a rec7 reational river. 

8 ‘‘(E) WEST FORK WHISKY CREEK.—The 

9 approximately 4.8 miles of West Fork Whisky 

10 Creek from its headwaters to the confluence 

11 with Whisky Creek as a wild river. 

12 ‘‘(F) BIG WINDY CREEK.— 

13 ‘‘(i) The approximately 1.5 miles of 

14 Big Windy Creek from its headwaters to 

15 0.1 miles downstream from road 34-9-17.1 

16 as a scenic river. 

17 ‘‘(ii) The approximately 5.8 miles of 

18 Big Windy Creek from 0.1 miles down19 stream from road 34-9-17.1 to the con20 fluence with the Rogue River as a wild 

21 river. 

22 ‘‘(G) EAST FORK BIG WINDY CREEK.— 

23 ‘‘(i) The approximately 0.2 miles of 

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1 waters to 0.1 miles downstream from road 

2 34-8-36 as a scenic river. 

3 ‘‘(ii) The approximately 3.7 miles of 

4 East Fork Big Windy Creek from 0.1 

5 miles downstream from road 34-8-36 to 

6 the confluence with Big Windy Creek as a 

7 wild river. 

8 ‘‘(H) LITTLE WINDY CREEK.—The ap9 proximately 1.9 miles of Little Windy Creek 

10 from 0.1 miles downstream of road 34-8-36 to 

11 the confluence with the Rogue River as a wild 

12 river. 

13 ‘‘(I) HOWARD CREEK.— 

14 ‘‘(i) The approximately 0.3 miles of 

15 Howard Creek from its headwaters to 0.1 

16 miles downstream of road 34-9-34 as a 

17 scenic river. 

18 ‘‘(ii) The approximately 6.9 miles of 

19 Howard Creek from 0.1 miles downstream 

20 of road 34-9-34 to the confluence with the 

21 Rogue River as a wild river. 

22 ‘‘(J) MULE CREEK.—The approximately 

23 6.3 miles of Mule Creek from east section line 

24 of T32S, R10W, sec. 25, W.M to the confluence 

25 with the Rogue River as a wild river. 


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1 ‘‘(K) ANNA CREEK.—The approximately 

2 3.5-mile section of Anna Creek from its head3 waters to the confluence with Howard Creek as 

4 a wild river. 

5 ‘‘(L) MISSOURI CREEK.—The approxi6 mately 1.6 miles of Missouri Creek from the 

7 Wild Rogue Wilderness boundary in T33S, 

8 R10W, sec. 24, W.M. to the confluence with the 

9 Rogue River as a wild river. 

10 ‘‘(M) JENNY CREEK.—The approximately 

11 1.8 miles of Jenny Creek from the Wild Rogue 

12 Wilderness boundary in T33S, R9W, sec.28, 

13 W.M. to the confluence with the Rogue River as 

14 a wild river. 

15 ‘‘(N) RUM CREEK.—The approximately 2.2 

16 miles of Rum Creek from the Wild Rogue Wil17 derness boundary in T34S, R8W, sec. 9, W.M. 

18 to the confluence with the Rogue River as a 

19 wild river. 

20 ‘‘(O) EAST FORK RUM CREEK.—The ap21 proximately 1.5 miles of East Rum Creek from 

22 the Wild Rogue Wilderness boundary in T34S, 

23 R8W, sec. 10, W.M. to the confluence with 

24 Rum Creek as a wild river. 


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1 ‘‘(P) WILDCAT CREEK.—The approxi2 mately 1.7-mile section of Wildcat Creek from 

3 its headwaters downstream to the confluence 

4 with the Rogue River as a wild river. 

5 ‘‘(Q) MONTGOMERY CREEK.—The approxi6 mately 1.8-mile section of Montgomery Creek 

7 from its headwaters downstream to the con8 fluence with the Rogue River as a wild river. 

9 ‘‘(R) HEWITT CREEK.—The approximately 

10 1.2 miles of Hewitt Creek from the Wild Rogue 

11 Wilderness boundary in T33S, R9W, sec. 19, 

12 W.M. to the confluence with the Rogue River as 

13 a wild river. 

14 ‘‘(S) BUNKER CREEK.—The approximately 

15 6.6 miles of Bunker Creek from its headwaters 

16 to the confluence with the Rogue River as a 

17 wild river. 

18 ‘‘(T) DULOG CREEK.— 

19 ‘‘(i) The approximately 0.8 miles of 

20 Dulog Creek from its headwaters to 0.1 

21 miles downstream of road 34-8-36 as a 

22 scenic river. 

23 ‘‘(ii) The approximately 1.0 miles of 

24 Dulog Creek from 0.1 miles downstream of 


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1 road 34-8-36 to the confluence with the 

2 Rogue River as a wild river. 

3 ‘‘(U) QUAIL CREEK.—The approximately 

4 1.7 miles of Quail Creek from the Wild Rogue 

5 Wilderness boundary in T33S, R10W, sec. 1, 

6 W.M. to the confluence with the Rogue River as 

7 a wild river. 

8 ‘‘(V) MEADOW CREEK.—The approxi9 mately 4.1 miles of Meadow Creek from its 

10 headwaters to the confluence with the Rogue 

11 River as a wild river. 

12 ‘‘(W) RUSSIAN CREEK.—The approxi13 mately 2.5 miles of Russian Creek from the 

14 Wild Rogue Wilderness boundary in T33S, 

15 R8W, sec. 20, W.M. to the confluence with the 

16 Rogue River as a wild river. 

17 ‘‘(X) ALDER CREEK.—The approximately 

18 1.2 miles of Alder Creek from its headwaters to 

19 the confluence with the Rogue River as a wild 

20 river. 

21 ‘‘(Y) BOOZE CREEK.—The approximately 

22 1.5 miles of Booze Creek from its headwaters 

23 to the confluence with the Rogue River as a 

24 wild river. 


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1 ‘‘(Z) BRONCO CREEK.—The approximately 

2 1.8 miles of Bronco Creek from its headwaters 

3 to the confluence with the Rogue River as a 

4 wild river. 

5 ‘‘(AA) COPSEY CREEK.—The approxi6 mately 1.5 miles of Copsey Creek from its head7 waters to the confluence with the Rogue River 

8 as a wild river. 

9 ‘‘(BB) CORRAL CREEK.—The approxi10 mately 0.5 miles of Corral Creek from its head11 waters to the confluence with the Rogue River 

12 as a wild river. 

13 ‘‘(CC) COWLEY CREEK.—The approxi14 mately 0.9 miles of Cowley Creek from its head15 waters to the confluence with the Rogue River 

16 as a wild river. 

17 ‘‘(DD) DITCH CREEK.—The approximately 

18 1.8 miles of Ditch Creek from the Wild Rogue 

19 Wilderness boundary in T33S, R9W, sec. 5, 

20 W.M. to its confluence with the Rogue River as 

21 a wild river. 

22 ‘‘(EE) FRANCIS CREEK.—The approxi23 mately 0.9 miles of Francis Creek from its 

24 headwaters to the confluence with the Rogue 

25 River as a wild river. 


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1 ‘‘(FF) LONG GULCH.—The approximately 

2 1.1 miles of Long Gulch from the Wild Rogue 

3 Wilderness boundary in T33S, R10W, sec. 23, 

4 W.M. to the confluence with the Rogue River as 

5 a wild river. 

6 ‘‘(GG) BAILEY CREEK.—The approxi7 mately 1.7 miles of Bailey Creek from the west 

8 section line of T34S, R8W, sec.14, W.M. to the 

9 confluence of the Rogue River as a wild river. 

10 ‘‘(HH) SHADY CREEK.—The approxi11 mately 0.7 miles of Shady Creek from its head12 waters to the confluence with the Rogue River 

13 as a wild river. 

14 ‘‘(II) SLIDE CREEK.— 

15 ‘‘(i) The approximately 0.5-mile sec16 tion of Slide Creek from its headwaters to 

17 0.1 miles downstream from road 33-9-6 as 

18 a scenic river. 

19 ‘‘(ii) The approximately 0.7-mile sec20 tion of Slide Creek from 0.1 miles down21 stream of road 33-9-6 to the confluence 

22 with the Rogue River as a wild river.’’. 

23 (b) MANAGEMENT.—All wild, scenic, and recreation 

24 classified segments designated by the amendment made by 


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1 subsection (a) shall be managed as part of the Rogue Wild 

2 and Scenic River. 

3 (c) WITHDRAWAL.—Subject to valid rights, the Fed4 eral land within the boundaries of the river segments des5 ignated by the amendment made by subsection (a) is with6 drawn from all forms of— 

7 (1) entry, appropriation, or disposal under the 

8 public land laws; 

9 (2) location, entry, and patent under the mining 

10 laws; and 

11 (3) disposition under all laws pertaining to min12 eral and geothermal leasing or mineral materials. 

13 SEC. 3. ADDITIONAL PROTECTIONS FOR ROGUE RIVER 

14 TRIBUTARIES. 

15 (a) PROTECTIONS.—The Federal Energy Regulatory 

16 Commission shall not license the construction of any dam, 

17 water conduit, reservoir, powerhouse, transmission line, or 

18 other project works on or directly affecting any stream 

19 which is listed in this section, and no department or agen20 cy of the United States shall assist by loan, grant, license, 

21 or otherwise in the construction of any water resources 

22 project on or directly affecting any stream which is listed 

23 in this section of this Act, except to maintain or repair 

24 water resources projects that exist on the date of enact25 ment of this Act. Nothing in this section shall prohibit 


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1 any department or agency of the United States in assist2 ing by loan, grant, license, or otherwise, water resources 

3 projects whose primary purpose is ecological or aquatic 

4 restoration and which provide a net benefit to water qual5 ity and aquatic resources. 

6 (b) WITHDRAWAL.—Subject to valid rights, the Fed7 eral land within a quarter-mile on each side of the streams 

8 listed in this section, is withdrawn from all forms of— 

9 (1) entry, appropriation, or disposal under the 

10 public land laws; 

11 (2) location, entry, and patent under the mining 

12 laws; and 

13 (3) disposition under all laws pertaining to min14 eral and geothermal leasing or mineral materials. 

15 (c) STREAM SEGMENTS.— 

16 (1) KELSEY CREEK.—The approximately 4.5 

17 miles of Kelsey Creek from its headwaters to the 

18 east section line of 32S 9W sec. 34. 

19 (2) EAST FORK KELSEY CREEK.—The approxi20 mately .2 miles of East Fork Kelsey Creek from its 

21 headwaters to the Wild Rogue Wilderness boundary 

22 in 33S 8W sec. 5. 

23 (3) EAST FORK WHISKY CREEK.—The approxi24 mately .7 miles of East Fork Whisky Creek from its 


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1 headwaters to the Wild Rogue Wilderness boundary 

2 in 33S 8W section 11. 

3 (4) LITTLE WINDY CREEK.—The approximately 

4 1.2 miles of Little Windy Creek from its headwaters 

5 to west section line of 33S 9W sec. 34. 

6 (5) MULE CREEK.—The approximately 5.1 

7 miles of Mule Creek from its headwaters to east sec8 tion line of 32S 10W sec. 25. 

9 (6) MISSOURI CREEK.—The approximately 3.1 

10 miles of Missouri Creek from its headwaters to the 

11 Wild Rogue Wilderness boundary in 33S 10W sec. 

12 24. 

13 (7) JENNY CREEK.—The approximately 3.1 

14 miles of Jenny Creek from its headwaters to the 

15 Wild Rogue Wilderness boundary in 33S 9W sec. 

16 28. 

17 (8) RUM CREEK.—The approximately 2.2 miles 

18 of Rum Creek from its headwaters to the Wild 

19 Rogue Wilderness boundary in 34S 8W sec. 9. 

20 (9) EAST FORK RUM CREEK.—The approxi21 mately .5 miles of East Fork Rum Creek from its 

22 headwaters to the Wild Rogue Wilderness boundary 

23 in 34S 8W sec. 10. 

24 (10) HEWITT CREEK.—The approximately 1.4 

25 miles of Hewitt Creek from its headwaters to the 


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1 Wild Rogue Wilderness boundary in 33S 9W sec. 

2 19. 

3 (11) QUAIL CREEK.—The approximately .8 

4 miles of Quail Creek from its headwaters to the Wild 

5 Rogue Wilderness boundary in 33S 10W sec. 1. 

6 (12) RUSSIAN CREEK.—The approximately .1 

7 miles of Russian Creek from its headwaters to the 

8 Wild Rogue Wilderness boundary in 33S 8W sec. 

9 20. 

10 (13) DITCH CREEK.—The approximately .7 

11 miles of Ditch Creek from its headwaters to the 

12 Wild Rogue Wilderness boundary in 33S 9W sec. 5. 

13 (14) LONG GULCH.—The approximately 1.4 

14 miles of Long Gulch from its headwaters to the Wild 

15 Rogue Wilderness boundary in 33S 10W sec. 23. 

16 (15) BAILEY CREEK.—The approximately 1.4 

17 miles of Bailey Creek from its headwaters to west 

18 section line of 34S 8W sec. 14. 

19 (16) QUARTZ CREEK.—The approximately 3.3 

20 miles of Quartz Creek from its headwaters to its 

21 confluence with the North Fork Galice Creek. 

22 (17) NORTH FORK GALICE CREEK.—The ap23 proximately 5.7 miles of the North Fork Galice 

24 Creek from its headwaters to its confluence with 

25 Galice Creek. 


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1 (18) GRAVE CREEK.—The approximately 10.2 

2 mile section of Grave Creek from the confluence of 

3 Wolf Creek downstream to the confluence with the 

4 Rogue River. 

5 (19) CENTENNIAL GULCH.—The approximately 

6 2.2 miles of Centennial Gulch from its headwaters to 

7 its confluence with the Rogue River. 

Æ 


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