II 

118TH CONGRESS 

1ST SESSION S. 440 

To designate certain land administered by the Bureau of Land Management 

and the Forest Service in the State of Oregon as wilderness and national 

recreation areas, to withdraw certain land located in Curry County and 

Josephine County, Oregon, from all forms of entry, appropriation, or 

disposal under the public land laws, location, entry, and patent under 

the mining laws, and operation under the mineral leasing and geothermal 

leasing laws, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2023 

Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To designate certain land administered by the Bureau of 

Land Management and the Forest Service in the State 

of Oregon as wilderness and national recreation areas, 

to withdraw certain land located in Curry County and 

Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing 

laws, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Oregon Recreation En3 hancement Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) SECRETARY.—The term ‘‘Secretary’’ 

7 means— 

8 (A) the Secretary of the Interior, with re9 spect to public land administered by the Sec10 retary of the Interior; or 

11 (B) the Secretary of Agriculture, with re12 spect to National Forest System land. 

13 (2) STATE.—The term ‘‘State’’ means the State 

14 of Oregon. 

15 SEC. 3. ROGUE CANYON AND MOLALLA RECREATION 

16 AREAS, OREGON. 

17 (a) DESIGNATION OF ROGUE CANYON AND MOLALLA

18 RECREATION AREAS.—For the purposes of protecting, 

19 conserving, and enhancing the unique and nationally im20 portant recreational, ecological, scenic, cultural, water21 shed, and fish and wildlife values of the areas, the fol22 lowing areas in the State are designated as recreation 

23 areas for management by the Secretary in accordance with 

24 subsection (c): 

25 (1) ROGUE CANYON RECREATION AREA.—The 

26 approximately 98,150 acres of Bureau of Land ManVerDate Sep 11 2014 04:01 Mar 03, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S440.IS S440

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1 agement land within the boundary generally depicted 

2 as the ‘‘Rogue Canyon Recreation Area’’ on the map 

3 entitled ‘‘Rogue Canyon Recreation Area Wild 

4 Rogue Wilderness Additions’’ and dated November 

5 19, 2019, which is designated as the ‘‘Rogue Canyon 

6 Recreation Area’’. 

7 (2) MOLALLA RECREATION AREA.—The ap8 proximately 29,884 acres of Bureau of Land Man9 agement land within the boundary generally depicted 

10 on the map entitled ‘‘Molalla Recreation Area’’ and 

11 dated September 26, 2018, which is designated as 

12 the ‘‘Molalla Recreation Area’’. 

13 (b) MAPS AND LEGAL DESCRIPTIONS.— 

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

15 the date of enactment of this Act, the Secretary 

16 shall prepare a map and legal description of each 

17 recreation area designated by subsection (a). 

18 (2) EFFECT.—The maps and legal descriptions 

19 prepared under paragraph (1) shall have the same 

20 force and effect as if included in this Act, except 

21 that the Secretary may correct any minor errors in 

22 the maps and legal descriptions. 

23 (3) PUBLIC AVAILABILITY.—The maps and 

24 legal descriptions prepared under paragraph (1) 


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1 shall be available for public inspection in the appro2 priate offices of the Bureau of Land Management. 

3 (c) ADMINISTRATION.— 

4 (1) APPLICABLE LAW.—The Secretary shall ad5 minister each recreation area designated by sub6 section (a)— 

7 (A) in a manner that conserves, protects, 

8 and enhances the purposes for which the recre9 ation area is established; and 

10 (B) in accordance with— 

11 (i) this section; 

12 (ii) the Federal Land Policy and Man13 agement Act of 1976 (43 U.S.C. 1701 et 

14 seq.); and 

15 (iii) other applicable laws. 

16 (2) USES.—The Secretary shall only allow those 

17 uses of a recreation area designated by subsection 

18 (a) that are consistent with the purposes for which 

19 the recreation area is established. 

20 (3) WILDFIRE RISK ASSESSMENT.—Not later 

21 than 280 days after the date of enactment of this 

22 Act, the Secretary, in consultation with the Oregon 

23 Governor’s Council on Wildfire Response, shall con24 duct a wildfire risk assessment that covers— 


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1 (A) the recreation areas designated by sub2 section (a); 

3 (B) the Wild Rogue Wilderness; and 

4 (C) any Federal land adjacent to an area 

5 described in subparagraph (A) or (B). 

6 (4) WILDFIRE MITIGATION PLAN.— 

7 (A) IN GENERAL.—Not later than 1 year 

8 after the date on which the wildfire risk assess9 ment is conducted under paragraph (3), the 

10 Secretary shall develop a wildfire mitigation 

11 plan, based on the wildfire risk assessment, that 

12 identifies, evaluates, and prioritizes treatments 

13 and other management activities that can be 

14 implemented on the Federal land covered by the 

15 wildfire risk assessment (other than Federal 

16 land designated as a unit of the National Wil17 derness Preservation System) to mitigate wild18 fire risk to communities located near the appli19 cable Federal land. 

20 (B) PLAN COMPONENTS.—The wildfire 

21 mitigation plan developed under subparagraph 

22 (A) shall include— 

23 (i) vegetation management projects 

24 (including mechanical treatments to reduce 


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1 hazardous fuels and improve forest health 

2 and resiliency); 

3 (ii) evacuation routes for communities 

4 located near the applicable Federal land, 

5 which shall be developed in consultation 

6 with State and local fire agencies; and 

7 (iii) strategies for public dissemination 

8 of emergency evacuation plans and routes. 

9 (C) APPLICABLE LAW.—The wildfire miti10 gation plan under subparagraph (A) shall be 

11 developed in accordance with— 

12 (i) this section; and 

13 (ii) any other applicable law. 

14 (5) ROAD CONSTRUCTION.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B) or as the Secretary deter17 mines necessary for public safety, no new per18 manent or temporary roads shall be constructed 

19 (other than the repair and maintenance of ex20 isting roads) within a recreation area des21 ignated by subsection (a). 

22 (B) TEMPORARY ROADS.—Consistent with 

23 the purposes of this Act, the Secretary may 

24 construct temporary roads within a recreation 

25 area designated by subsection (a) to implement 


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1 the wildfire mitigation plan developed under 

2 paragraph (4), unless the temporary road would 

3 be within an area designated as a unit of the 

4 National Wilderness Preservation System. 

5 (C) EFFECT.—Nothing in this paragraph 

6 affects the administration by the Secretary of 

7 the Molalla Forest Road in accordance with ap8 plicable resource management plans. 

9 (6) EFFECT ON WILDFIRE MANAGEMENT.— 

10 Nothing in this section alters the authority of the 

11 Secretary (in cooperation with other Federal, State, 

12 and local agencies, as appropriate) to conduct 

13 wildland fire operations within a recreation area des14 ignated by subsection (a), consistent with the pur15 poses of this Act. 

16 (7) WITHDRAWAL.—Subject to valid existing 

17 rights, all Federal surface and subsurface land with18 in a recreation area designated by subsection (a) is 

19 withdrawn from all forms of— 

20 (A) entry, appropriation, or disposal under 

21 the public land laws; 

22 (B) location, entry, and patent under the 

23 mining laws; and 


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1 (C) disposition under all laws pertaining to 

2 mineral leasing, geothermal leasing, or mineral 

3 materials. 

4 (8) NO EFFECT ON WILDERNESS AREAS.—Any 

5 wilderness area located within a recreation area des6 ignated by subsection (a) shall be administered in 

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

8 et seq.). 

9 (d) ADJACENT MANAGEMENT.—Nothing in this sec10 tion creates any protective perimeter or buffer zone 

11 around a recreation area designated by subsection (a). 

12 SEC. 4. EXPANSION OF WILD ROGUE WILDERNESS AREA. 

13 (a) DEFINITIONS.—In this section: 

14 (1) MAP.—The term ‘‘map’’ means the map en15 titled ‘‘Rogue Canyon Recreation Area Wild Rogue 

16 Wilderness Additions’’ and dated November 19, 

17 2019. 

18 (2) WILDERNESS ADDITIONS.—The term ‘‘Wil19 derness additions’’ means the land added to the Wild 

20 Rogue Wilderness under subsection (b)(1). 

21 (b) EXPANSION OF WILD ROGUE WILDERNESS

22 AREA.— 

23 (1) EXPANSION.—The approximately 59,512 

24 acres of Federal land in the State generally depicted 

25 on the map as ‘‘Proposed Wilderness’’ shall be 


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1 added to and administered as part of the Wild 

2 Rogue Wilderness in accordance with the Endan3 gered American Wilderness Act of 1978 (16 U.S.C. 

4 1132 note; Public Law 95–237), except that— 

5 (A) the Secretary of the Interior and the 

6 Secretary of Agriculture shall administer the 

7 Federal land under their respective jurisdiction; 

8 and 

9 (B) any reference in that Act to the Sec10 retary of Agriculture shall be considered to be 

11 a reference to the Secretary of Agriculture or 

12 the Secretary of the Interior, as applicable. 

13 (2) MAP; LEGAL DESCRIPTION.— 

14 (A) IN GENERAL.—As soon as practicable 

15 after the date of enactment of this Act, the Sec16 retary shall prepare a map and legal description 

17 of the wilderness area designated by paragraph 

18 (1). 

19 (B) FORCE OF LAW.—The map and legal 

20 description filed under subparagraph (A) shall 

21 have the same force and effect as if included in 

22 this section, except that the Secretary may cor23 rect typographical errors in the map and legal 

24 description. 


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1 (C) PUBLIC AVAILABILITY.—The map and 

2 legal description filed under subparagraph (A) 

3 shall be on file and available for public inspec4 tion in the appropriate offices of the Bureau of 

5 Land Management and Forest Service. 

6 (3) FIRE, INSECTS, AND DISEASE.—The Sec7 retary may take such measures within the Wilder8 ness additions as the Secretary determines to be 

9 necessary for the control of fire, insects, and disease, 

10 in accordance with section 4(d)(1) of the Wilderness 

11 Act (16 U.S.C. 1133(d)(1)). 

12 (4) WITHDRAWAL.—Subject to valid existing 

13 rights, the Wilderness additions are withdrawn from 

14 all forms of— 

15 (A) entry, appropriation, or disposal under 

16 the public land laws; 

17 (B) location, entry, and patent under the 

18 mining laws; and 

19 (C) disposition under all laws pertaining to 

20 mineral leasing, geothermal leasing, or mineral 

21 materials. 

22 (5) TRIBAL RIGHTS.—Nothing in this sub23 section alters, modifies, enlarges, diminishes, or ab24 rogates the treaty rights of any Indian Tribe. 


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1 SEC. 5. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY 

2 AND JOSEPHINE COUNTY, OREGON. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ELIGIBLE FEDERAL LAND.—The term ‘‘eli5 gible Federal land’’ means— 

6 (A) any federally owned land or interest in 

7 land depicted on the Maps as within the Hunter 

8 Creek and Pistol River Headwaters Withdrawal 

9 Proposal or the Rough and Ready and Baldface 

10 Creeks Mineral Withdrawal Proposal; or 

11 (B) any land or interest in land located 

12 within such withdrawal proposals that is ac13 quired by the Federal Government after the 

14 date of enactment of this Act. 

15 (2) MAPS.—The term ‘‘Maps’’ means— 

16 (A) the Bureau of Land Management map 

17 entitled ‘‘Hunter Creek and Pistol River Head18 waters Withdrawal Proposal’’ and dated Janu19 ary 12, 2015; and 

20 (B) the Bureau of Land Management map 

21 entitled ‘‘Rough and Ready and Baldface 

22 Creeks Mineral Withdrawal Proposal’’ and 

23 dated January 12, 2015. 

24 (b) WITHDRAWAL.—Subject to valid existing rights, 

25 the eligible Federal land is withdrawn from all forms of— 


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

2 public land laws; 

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

4 laws; and 

5 (3) operation under the mineral leasing and 

6 geothermal leasing laws. 

7 (c) AVAILABILITY OF MAPS.—Not later than 30 days 

8 after the date of enactment of this Act, the Maps shall 

9 be made available to the public at each appropriate office 

10 of the Bureau of Land Management. 

11 (d) EXISTING USES NOT AFFECTED.—Except with 

12 respect to the withdrawal under subsection (b), nothing 

13 in this section restricts recreational uses, hunting, fishing, 

14 forest management activities, or other authorized uses al15 lowed on the date of enactment of this Act on the eligible 

16 Federal land in accordance with applicable law. 

Æ 


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