89–010 

Calendar No. 290 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–140 

MOLALLA RIVER WILD AND SCENIC RIVERS ACT 

MARCH 2, 2010.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1369] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1369) to amend the Wild and Scenic Rivers Act 

to designate segments of the Molalla River in the State of Oregon, 

as components of the National Wild and Scenic Rivers System, 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: 

On page 3, strike lines 9 through 24 and insert the following: 

mineral materials.’’. 

SEC. 3. 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’’. 

PURPOSE

The purpose of S. 1369 is to amend the Wild and Scenic Rivers 

Act to designate segments of the Molalla River in the State of Oregon as components of the National Wild and Scenic Rivers System. 


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BACKGROUND AND NEED

The Molalla River originates in the western Cascade Mountains 

of Oregon and flows for 49 miles to the Willamette River. The watershed is a source of drinking water for local communities and 

provides important spawning habitat for several fish species, including salmon and steelhead. It also is an important wildlife corridor and contains critical habitat for the northern spotted owl, redlegged frog, pacific giant salamander, and large mammals like 

bears, cougars, elk, and deer. Located roughly one hour from the 

Portland metropolitan area, the river is a popular recreation destination for kayaking, rafting, hiking, biking, camping, hunting, 

and fishing. 

The Bureau of Land Management evaluated the Molalla River 

and the Table Rock Fork of the Molalla River for potential designation under the Wild and Scenic Rivers Act and determined that 

most of the two rivers should be considered for designation under 

the Act. 

LEGISLATIVE HISTORY

S. 1369 was introduced on June 25, 2009, by Senators Wyden 

and Merkley. The Subcommittee on National Parks held a hearing 

on the bill on November 4, 2009. At its business meeting on December 16, 2009, the Committee on Energy and Natural Resources 

ordered S. 1369 favorably reported with an amendment. 

A related bill, H.R. 2781, was introduced in the House of Representatives by Representative Kurt Schrader on June 9, 2009, and 

was passed by the House of Representatives by a vote of 292–133 

on November 19, 2009. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on December 16, 2009, by a voice vote of a quorum 

present, recommends that the Senate pass S. 1369, if amended as 

described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 1369, the Committee adopted an 

amendment to S. 1369. The amendment deleted unnecessary provisions and added a section that includes a number of technical corrections to section 3(a)(102) of the Wild and Scenic Rivers Act. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title for the bill. 

Section 2 amends the Wild and Scenic Rivers Act by adding a 

paragraph designating approximately 15.1 miles of the Molalla 

River and 6.2 miles of the Table Rock Fork of the Molalla River in 

Oregon as recreational components of the National Wild and Scenic 

Rivers System. This section also withdraws the Federal land within 

the boundaries of the designations from the public land, mining, 

and mineral and geothermal leasing laws. 

Section 3 makes a number of technical corrections to the names 

of geographic features used in section 3(a)(102) of the Wild and 

Scenic Rivers Act, which designated a segment of what was forVerDate Nov 24 2008 05:32 Mar 04, 2010 Jkt 089010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR140.XXX SR140

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merly known as ‘‘Squaw Creek’’ in the State of Oregon. The name 

of the river was changed to ‘‘Whychus Creek’’ by the United States 

Board on Geographic Names in 2005. This section would change 

the name in the heading of paragraph (102) to ‘‘Whychus Creek’’ 

to reflect its official new name. In addition, a number of the names 

of other geographic features used to describe the river segment designated by paragraph (102) also are erroneous. None of the technical corrections alter the river segment that was designated in 

1988 or its management under existing law. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1369—Molalla River Wild and Scenic Rivers Act 

S. 1369 would designate two segments of the Molalla River in 

Oregon as a recreational river within the National Wild and Scenic 

Rivers System. Based on information provided by the Bureau of 

Land Management, which administers the river segments that 

would be affected by the proposed designation, implementing the 

bill would have no effect on the federal budget. The affected segments, which total about 21 miles, are already protected for wilderness values, and the proposed designation would not significantly 

affect the way they are administered. 

S. 1369 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

On November 5, 2009, CBO transmitted a cost estimate for H.R. 

2781, a bill to amend the Wild and Scenic Rivers Act to designate 

segments of the Molalla River in Oregon as components of the National Wild and Scenic Rivers System. The two versions of the legislation are very similar, and the CBO cost estimates are the same. 

The CBO staff contact for this estimate is Deborah Reis. 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. 1369. 

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. 1369, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1369, 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. 


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EXECUTIVE COMMUNICATIONS

The views of the Administration were included in testimony received by the Committee at a hearing on S. 1369 on November 4, 

2009, which is provided below. 

STATEMENT OF THE DEPARTMENT OF THE INTERIOR

Thank you for inviting the Department of the Interior to 

testify on S. 1369, the Molalla River Wild and Scenic Rivers Act. The Bureau of Land Management (BLM) supports 

S. 1369. 

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. A 20-mile hiking, mountain biking, and equestrian trail system draws over 65,000 visitors annually. 

S. 1369

S. 1369 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. 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 in S. 1369 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 5,500-acre Table Rock 

Wilderness, designated by Congress in 1984, is embraced 

by the Molalla and Table Rock Fork, and designation of 


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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. S. 1369 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. 

CONCLUSION

Thank you for the opportunity to testify in support of 

these important Oregon designations. The Department of 

the Interior looks forward to welcoming these units into 

the BLM’s National Landscape Conservation System. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

1369, 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) 

(16 U.S.C. 1271 et seq.) 

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: 

* * * * * * * 

(102) øSQUAW 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 øMcAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the 

South Fork, the East and West Forks of Park Creek, and Park 

Creek Fork¿ Plainview Ditch, including the Soap Creek, the 

North and South Forks of Whychus Creek, the East and West 

Forks of Park Creek, and Park Creek; to be administered by the 

Secretary of Agriculture as follows: 

(A) The 6.6-mile segment and its tributaries from the 

source to the Three Sisters Wilderness boundary as a wild 

river; and 


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(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 øMcAllister 

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. 

* * * * * * * 

(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 NE1/4 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. 

* * * * * * * 

Æ 


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