II 

112TH CONGRESS 

1ST SESSION S. 2001 

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, to provide additional protections for Rogue River tributaries, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2011 

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 expand the Wild Rogue Wilderness Area in the State 

of Oregon, to make additional wild and scenic river designations in the Rogue River area, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rogue Wilderness Area 

5 Expansion Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Energy Regulatory Commission. 

3 (2) MAP.—The term ‘‘map’’ means the map en4 titled ‘‘Wild Rogue Wilderness Additions’’ and dated 

5 December 8, 2011. 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (4) STATE.—The term ‘‘State’’ means the State 

9 of Oregon. 

10 (5) WILDERNESS ADDITIONS.—The term ‘‘Wil11 derness additions’’ means the land added to the Wild 

12 Rogue Wilderness by section 3(a). 

13 SEC. 3. EXPANSION OF WILD ROGUE WILDERNESS AREA. 

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

15 Act (16 U.S.C. 1131 et seq.), the approximately 60,000 

16 acres of Bureau of Land Management land, as generally 

17 depicted on the map, is included in the Wild Rogue Wil18 derness, a component of the National Wilderness Preser19 vation System. 

20 (b) MAP; LEGAL DESCRIPTION.— 

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

22 the date of enactment of this Act, the Secretary 

23 shall file a map and legal description of the wilder24 ness area designated by subsection (a), with— 


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1 (A) the Committee on Energy and Natural 

2 Resources of the Senate; and 

3 (B) the Committee on Natural Resources 

4 of the House of Representatives. 

5 (2) FORCE OF LAW.—The map and legal de6 scription filed under paragraph (1) shall have the 

7 same force and effect as if included in this Act, ex8 cept that the Secretary may correct typographical 

9 errors in the map and legal description. 

10 (3) PUBLIC AVAILABILITY.—The map and legal 

11 description filed under paragraph (1) shall be on file 

12 and available for public inspection in the appropriate 

13 offices of the Bureau of Land Management. 

14 (c) ADMINISTRATION.—Subject to valid existing 

15 rights, the Wilderness additions shall be administered by 

16 the Secretary in accordance with the Wilderness Act (16 

17 U.S.C. 1131 et seq.), except that— 

18 (1) any reference in that Act to the effective 

19 date shall be considered to be a reference to the date 

20 of enactment of this Act; and 

21 (2) any reference in that Act to the Secretary 

22 of Agriculture shall be considered to be a reference 

23 to the Secretary. 


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1 (d) FISH AND WILDLIFE.—Nothing in this section 

2 affects the jurisdiction or responsibilities of the State with 

3 respect to fish and wildlife in the State. 

4 (e) ADJACENT MANAGEMENT.— 

5 (1) IN GENERAL.—Nothing in this section cre6 ates any protective perimeter or buffer zone around 

7 the Wilderness additions. 

8 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

9 fact that a nonwilderness activity or use on land out10 side the Wilderness additions can be seen or heard 

11 within the Wilderness additions shall not preclude 

12 the activity or use outside the boundary of the Wil13 derness additions. 

14 (f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

15 this section diminishes any treaty rights of an Indian 

16 tribe. 

17 (g) WITHDRAWAL.—Subject to valid existing rights, 

18 the Wilderness additions are withdrawn from all forms 

19 of— 

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

21 public land laws; 

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

23 laws; and 

24 (3) disposition under all laws pertaining to min25 eral and geothermal leasing or mineral materials. 


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1 SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE 

2 RIVER AREA. 

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

4 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 

5 striking paragraph (5) and inserting the following: 

6 ‘‘(5) ROGUE, OREGON.— 

7 ‘‘(A) IN GENERAL.—The segment of the 

8 river extending from the mouth of the Apple9 gate River downstream to the Lobster Creek 

10 Bridge, to be administered by the Secretary of 

11 the Interior or the Secretary of Agriculture, as 

12 agreed to by the Secretaries of the Interior and 

13 Agriculture or as directed by the President. 

14 ‘‘(B) ADDITIONS.—In addition to the seg15 ment described in subparagraph (A), there are 

16 designated the following segments in the Rogue 

17 River: 

18 ‘‘(i) KELSEY CREEK.—The approxi19 mately 4.8-mile segment of Kelsey Creek 

20 from the east section line of T. 32 S., R. 

21 9 W., sec. 34, Willamette Meridian, to the 

22 confluence with the Rogue River, as a wild 

23 river. 

24 ‘‘(ii) EAST FORK KELSEY CREEK.— 

25 The approximately 4.6-mile segment of 

26 East Fork Kelsey Creek from the Wild 


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1 Rogue Wilderness boundary in T. 33 S., R. 

2 8 W., sec. 5, Willamette Meridian, to the 

3 confluence with Kelsey Creek, as a wild 

4 river. 

5 ‘‘(iii) WHISKY CREEK.— 

6 ‘‘(I) RECREATIONAL RIVER.— 

7 The approximately 0.6-mile segment 

8 of Whisky Creek from the confluence 

9 of the East Fork and West Fork to 

10 0.1 miles downstream from road 33-8- 

11 23, as a recreational river. 

12 ‘‘(II) WILD RIVER.—The ap13 proximately 1.9-mile segment of Whis14 ky Creek from 0.1 miles downstream 

15 from road 33-8-23 to the confluence 

16 with the Rogue River, as a wild river. 

17 ‘‘(iv) EAST FORK WHISKY CREEK.— 

18 ‘‘(I) WILD RIVER.—The approxi19 mately 2.6-mile segment of East Fork 

20 Whisky Creek from the Wild Rogue 

21 Wilderness boundary in T. 33 S., R. 

22 8 W., sec. 11, Willamette Meridian., 

23 to 0.1 miles downstream of road 33- 

24 8-26 crossing, as a wild river. 


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1 ‘‘(II) RECREATIONAL RIVER.— 

2 The approximately 0.3-mile segment 

3 of East Fork Whisky Creek from 0.1 

4 miles downstream of road 33-8-26 to 

5 the confluence with Whisky Creek, as 

6 a recreational river. 

7 ‘‘(v) WEST FORK WHISKY CREEK.— 

8 The approximately 4.8-mile segment of 

9 West Fork Whisky Creek from its head10 waters to the confluence with Whisky 

11 Creek, as a wild river. 

12 ‘‘(vi) BIG WINDY CREEK.— 

13 ‘‘(I) SCENIC RIVER.—The ap14 proximately 1.5-mile segment of Big 

15 Windy Creek from its headwaters to 

16 0.1 miles downstream from road 34-9- 

17 17.1, as a scenic river. 

18 ‘‘(II) WILD RIVER.—The ap19 proximately 5.8-mile segment of Big 

20 Windy Creek from 0.1 miles down21 stream from road 34-9-17.1 to the 

22 confluence with the Rogue River, as a 

23 wild river. 

24 ‘‘(vii) EAST FORK BIG WINDY

25 CREEK.— 


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1 ‘‘(I) SCENIC RIVER.—The ap2 proximately 0.2-mile segment of East 

3 Fork Big Windy Creek from its head4 waters to 0.1 miles downstream from 

5 road 34-8-36, as a scenic river. 

6 ‘‘(II) WILD RIVER.—The ap7 proximately 3.7-mile segment of East 

8 Fork Big Windy Creek from 0.1 miles 

9 downstream from road 34-8-36 to the 

10 confluence with Big Windy Creek, as 

11 a wild river. 

12 ‘‘(viii) LITTLE WINDY CREEK.—The 

13 approximately 1.9-mile segment of Little 

14 Windy Creek from 0.1 miles downstream 

15 of road 34-8-36 to the confluence with the 

16 Rogue River, as a wild river. 

17 ‘‘(ix) HOWARD CREEK.— 

18 ‘‘(I) SCENIC RIVER.—The ap19 proximately 0.3-mile segment of How20 ard Creek from its headwaters to 0.1 

21 miles downstream of road 34-9-34, as 

22 a scenic river. 

23 ‘‘(II) WILD RIVER.—The ap24 proximately 6.9-mile segment of How25 ard Creek from 0.1 miles downstream 


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

2 the Rogue River, as a wild river. 

3 ‘‘(x) MULE CREEK.—The approxi4 mately 6.3-mile segment of Mule Creek 

5 from the east section line of T. 32 S., R. 

6 10 W., sec. 25, Willamette Meridian, to the 

7 confluence with the Rogue River, as a wild 

8 river. 

9 ‘‘(xi) ANNA CREEK.—The approxi10 mately 3.5-mile segment of Anna Creek 

11 from its headwaters to the confluence with 

12 Howard Creek, as a wild river. 

13 ‘‘(xii) MISSOURI CREEK.—The ap14 proximately 1.6-mile segment of Missouri 

15 Creek from the Wild Rogue Wilderness 

16 boundary in T. 33 S., R. 10 W., sec. 24, 

17 Willamette Meridian, to the confluence 

18 with the Rogue River, as a wild river. 

19 ‘‘(xiii) JENNY CREEK.—The approxi20 mately 1.8-mile segment of Jenny Creek 

21 from the Wild Rogue Wilderness boundary 

22 in T. 33 S., R. 9 W., sec.28, Willamette 

23 Meridian, to the confluence with the Rogue 

24 River, as a wild river. 


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1 ‘‘(xiv) RUM CREEK.—The approxi2 mately 2.2-mile segment of Rum Creek 

3 from the Wild Rogue Wilderness boundary 

4 in T. 34 S., R. 8 W., sec. 9, Willamette 

5 Meridian, to the confluence with the Rogue 

6 River, as a wild river. 

7 ‘‘(xv) EAST FORK RUM CREEK.—The 

8 approximately 1.3-mile segment of East 

9 Rum Creek from the Wild Rogue Wilder10 ness boundary in T. 34 S., R. 8 W., sec. 

11 10, Willamette Meridian, to the confluence 

12 with Rum Creek, as a wild river. 

13 ‘‘(xvi) WILDCAT CREEK.—The ap14 proximately 1.7-mile segment of Wildcat 

15 Creek from its headwaters downstream to 

16 the confluence with the Rogue River, as a 

17 wild river. 

18 ‘‘(xvii) MONTGOMERY CREEK.—The 

19 approximately 1.8-mile segment of Mont20 gomery Creek from its headwaters down21 stream to the confluence with the Rogue 

22 River, as a wild river. 

23 ‘‘(xviii) HEWITT CREEK.—The ap24 proximately 1.2-mile segment of Hewitt 

25 Creek from the Wild Rogue Wilderness 


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1 boundary in T. 33 S., R. 9 W., sec. 19, 

2 Willamette Meridian, to the confluence 

3 with the Rogue River, as a wild river. 

4 ‘‘(xix) BUNKER CREEK.—The approxi5 mately 6.6-mile segment of Bunker Creek 

6 from its headwaters to the confluence with 

7 the Rogue River, as a wild river. 

8 ‘‘(xx) DULOG CREEK.— 

9 ‘‘(I) SCENIC RIVER.—The ap10 proximately 0.8-mile segment of 

11 Dulog Creek from its headwaters to 

12 0.1 miles downstream of road 34-8- 

13 36, as a scenic river. 

14 ‘‘(II) WILD RIVER.—The ap15 proximately 1.0-mile segment of 

16 Dulog Creek from 0.1 miles down17 stream of road 34-8-36 to the con18 fluence with the Rogue River, as a 

19 wild river. 

20 ‘‘(xxi) QUAIL CREEK.—The approxi21 mately 1.7-mile segment of Quail Creek 

22 from the Wild Rogue Wilderness boundary 

23 in T. 33 S., R. 10 W., sec. 1, Willamette 

24 Meridian, to the confluence with the Rogue 

25 River, as a wild river. 


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1 ‘‘(xxii) MEADOW CREEK.—The ap2 proximately 4.1-mile segment of Meadow 

3 Creek from its headwaters to the con4 fluence with the Rogue River, as a wild 

5 river. 

6 ‘‘(xxiii) RUSSIAN CREEK.—The ap7 proximately 2.5-mile segment of Russian 

8 Creek from the Wild Rogue Wilderness 

9 boundary in T. 33 S., R. 8 W., sec. 20, 

10 Willamette Meridian, to the confluence 

11 with the Rogue River, as a wild river. 

12 ‘‘(xxiv) ALDER CREEK.—The approxi13 mately 1.2-mile segment of Alder Creek 

14 from its headwaters to the confluence with 

15 the Rogue River, as a wild river. 

16 ‘‘(xxv) BOOZE CREEK.—The approxi17 mately 1.5-mile segment of Booze Creek 

18 from its headwaters to the confluence with 

19 the Rogue River, as a wild river. 

20 ‘‘(xxvi) BRONCO CREEK.—The ap21 proximately 1.8-mile segment of Bronco 

22 Creek from its headwaters to the con23 fluence with the Rogue River, as a wild 

24 river. 


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1 ‘‘(xxvii) COPSEY CREEK.—The ap2 proximately 1.5-mile segment of Copsey 

3 Creek from its headwaters to the con4 fluence with the Rogue River, as a wild 

5 river. 

6 ‘‘(xxviii) CORRAL CREEK.—The ap7 proximately 0.5-mile segment of Corral 

8 Creek from its headwaters to the con9 fluence with the Rogue River, as a wild 

10 river. 

11 ‘‘(xxix) COWLEY CREEK.—The ap12 proximately 0.9-mile segment of Cowley 

13 Creek from its headwaters to the con14 fluence with the Rogue River, as a wild 

15 river. 

16 ‘‘(xxx) DITCH CREEK.—The approxi17 mately 1.8-mile segment of Ditch Creek 

18 from the Wild Rogue Wilderness boundary 

19 in T. 33 S., R. 9 W., sec. 5, Willamette 

20 Meridian, to its confluence with the Rogue 

21 River, as a wild river. 

22 ‘‘(xxxi) FRANCIS CREEK.—The ap23 proximately 0.9-mile segment of Francis 

24 Creek from its headwaters to the conVerDate Mar 15 2010 20:26 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2001.IS S2001

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1 fluence with the Rogue River, as a wild 

2 river. 

3 ‘‘(xxxii) LONG GULCH.—The approxi4 mately 1.1-mile segment of Long Gulch 

5 from the Wild Rogue Wilderness boundary 

6 in T. 33 S., R. 10 W., sec. 23, Willamette 

7 Meridian, to the confluence with the Rogue 

8 River, as a wild river. 

9 ‘‘(xxxiii) BAILEY CREEK.—The ap10 proximately 1.7-mile segment of Bailey 

11 Creek from the west section line of T. 34 

12 S., R.8 W., sec.14, Willamette Meridian, to 

13 the confluence of the Rogue River, as a 

14 wild river. 

15 ‘‘(xxxiv) SHADY CREEK.—The ap16 proximately 0.7-mile segment of Shady 

17 Creek from its headwaters to the con18 fluence with the Rogue River, as a wild 

19 river. 

20 ‘‘(xxxv) SLIDE CREEK.— 

21 ‘‘(I) SCENIC RIVER.—The ap22 proximately 0.5-mile segment of Slide 

23 Creek from its headwaters to 0.1 

24 miles downstream from road 33-9-6, 

25 as a scenic river. 


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1 ‘‘(II) WILD RIVER.—The ap2 proximately 0.7-mile section of Slide 

3 Creek from 0.1 miles downstream of 

4 road 33-9-6 to the confluence with the 

5 Rogue River, as a wild river.’’. 

6 (b) MANAGEMENT.—Each river segment designated 

7 by subparagraph (B) of section 3(a)(5) of the Wild and 

8 Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by 

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

10 Wild and Scenic River. 

11 (c) WITHDRAWAL.—Subject to valid existing rights, 

12 the Federal land within the boundaries of the river seg13 ments designated under subparagraph (B) of section 

14 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 

15 1274(a)(5)) (as added by subsection (a)) is withdrawn 

16 from all forms of— 

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

18 public land laws; 

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

20 laws; and 

21 (3) disposition under all laws pertaining to min22 eral and geothermal leasing or mineral materials. 


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1 SEC. 5. ADDITIONAL PROTECTIONS FOR ROGUE RIVER 

2 TRIBUTARIES. 

3 (a) LICENSING BY COMMISSION.—The Commission 

4 shall not license the construction of any dam, water con5 duit, reservoir, powerhouse, transmission line, or other 

6 project works on or directly affecting any stream described 

7 in subsection (d). 

8 (b) OTHER AGENCIES.— 

9 (1) IN GENERAL.—No department or agency of 

10 the United States shall assist by loan, grant, license, 

11 or otherwise in the construction of any water re12 sources project on or directly affecting any stream 

13 segment that is described in subsection (d), except 

14 to maintain or repair water resources projects in ex15 istence on the date of enactment of this Act. 

16 (2) EFFECT.—Nothing in this subsection pro17 hibits any department or agency of the United 

18 States in assisting by loan, grant, license, or other19 wise, a water resources project— 

20 (A) the primary purpose of which is eco21 logical or aquatic restoration; and 

22 (B) that provides a net benefit to water 

23 quality and aquatic resources. 

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

the Federal land located within a 1 25 ⁄4 mile on either side 


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1 of the stream segments described in subsection (d), is 

2 withdrawn from all forms of— 

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

4 public land laws; 

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

6 laws; and 

7 (3) disposition under all laws pertaining to min8 eral and geothermal leasing or mineral materials. 

9 (d) DESCRIPTION OF STREAM SEGMENTS.—The fol10 lowing are the stream segments referred to in subsection 

11 (a): 

12 (1) KELSEY CREEK.—The approximately 4.5- 

13 mile segment of Kelsey Creek from its headwaters to 

14 the east section line of T. 32 S., R. 9 W., sec. 34. 

15 (2) EAST FORK KELSEY CREEK.—The approxi16 mately 0.2-mile segment of East Fork Kelsey Creek 

17 from its headwaters to the Wild Rogue Wilderness 

18 boundary in T. 33 S., R. 8 W., sec. 5. 

19 (3) EAST FORK WHISKY CREEK.—The approxi20 mately 0.9-mile segment of East Fork Whisky Creek 

21 from its headwaters to the Wild Rogue Wilderness 

22 boundary in T. 33 S., R. 8 W., sec. 11. 

23 (4) LITTLE WINDY CREEK.—The approximately 

24 1.2-mile segment of Little Windy Creek from its 


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1 headwaters to the west section line of T. 33 S., R. 

2 9 W., sec. 34. 

3 (5) MULE CREEK.—The approximately 5.1-mile 

4 segment of Mule Creek from its headwaters to the 

5 east section line of T. 32 S., R. 10 W., sec. 25. 

6 (6) MISSOURI CREEK.—The approximately 3.1- 

7 mile segment of Missouri Creek from its headwaters 

8 to the Wild Rogue Wilderness boundary in T. 33 S., 

9 R. 10 W., sec. 24. 

10 (7) JENNY CREEK.—The approximately 3.1- 

11 mile segment of Jenny Creek from its headwaters to 

12 the Wild Rogue Wilderness boundary in T. 33 S., R. 

13 9 W., sec. 28. 

14 (8) RUM CREEK.—The approximately 2.2-mile 

15 segment of Rum Creek from its headwaters to the 

16 Wild Rogue Wilderness boundary in T. 34 S., R. 8 

17 W., sec. 9. 

18 (9) EAST FORK RUM CREEK.—The approxi19 mately 0.8-mile segment of East Fork Rum Creek 

20 from its headwaters to the Wild Rogue Wilderness 

21 boundary in T. 34 S., R. 8 W., sec. 10. 

22 (10) HEWITT CREEK.—The approximately 1.4- 

23 mile segment of Hewitt Creek from its headwaters 

24 to the Wild Rogue Wilderness boundary in T. 33 S., 

25 R. 9 W., sec. 19. 


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1 (11) QUAIL CREEK.—The approximately 0.8- 

2 mile segment of Quail Creek from its headwaters to 

3 the Wild Rogue Wilderness boundary in T. 33 S., R. 

4 10 W., sec. 1. 

5 (12) RUSSIAN CREEK.—The approximately 0.1- 

6 mile segment of Russian Creek from its headwaters 

7 to the Wild Rogue Wilderness boundary in T. 33 S., 

8 R. 8 W., sec. 20. 

9 (13) DITCH CREEK.—The approximately 0.7- 

10 mile segment of Ditch Creek from its headwaters to 

11 the Wild Rogue Wilderness boundary in T. 33 S., R. 

12 9 W., sec. 5. 

13 (14) LONG GULCH.—The approximately 1.4- 

14 mile segment of Long Gulch from its headwaters to 

15 the Wild Rogue Wilderness boundary in T. 33 S., R. 

16 10 W., sec. 23. 

17 (15) BAILEY CREEK.—The approximately 1.4- 

18 mile segment of Bailey Creek from its headwaters to 

19 the west section line of T. 34 S., R. 8 W., sec. 14. 

20 (16) QUARTZ CREEK.—The approximately 3.3- 

21 mile segment of Quartz Creek from its headwaters 

22 to its confluence with the North Fork Galice Creek. 

23 (17) NORTH FORK GALICE CREEK.—The ap24 proximately 5.7-mile segment of the North Fork 


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1 Galice Creek from its headwaters to its confluence 

2 with Galice Creek. 

3 (18) GRAVE CREEK.—The approximately 10.2- 

4 mile segment of Grave Creek from the confluence of 

5 Wolf Creek downstream to the confluence with the 

6 Rogue River. 

7 (19) CENTENNIAL GULCH.—The approximately 

8 2.2-mile segment of Centennial Gulch from its head9 waters to its confluence with the Rogue River. 

10 (20) GALICE CREEK.—The approximately 2.2- 

11 mile segment of Galice Creek from the confluence 

12 with the South Fork Galice Creek downstream to 

13 the Rogue River. 

Æ 


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