29–010 

Calendar No. 178 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–100 

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). 


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(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; 


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(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— 


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(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 


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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.— 


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(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. 


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(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.— 


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‘‘(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. 


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‘‘(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. 


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(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. 


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‘‘(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.’’. 

(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 recreVerDate Mar 15 2010 01:25 Sep 13, 2013 Jkt 029010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR100.XXX SR100

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ation 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). 


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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. 


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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. 


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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 


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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-asyou-go procedures apply. However, CBO expects that any such 


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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: 


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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 comVerDate Mar 15 2010 01:25 Sep 13, 2013 Jkt 029010 PO 00000 Frm 00018 Fmt 6659 Sfmt 6969 E:\HR\OC\SR100.XXX SR100

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pleted, 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 

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sioned 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, forestdependent 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. LoVerDate Mar 15 2010 01:25 Sep 13, 2013 Jkt 029010 PO 00000 Frm 00020 Fmt 6659 Sfmt 6969 E:\HR\OC\SR100.XXX SR100

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cated 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 


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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. 


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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—NaVerDate Mar 15 2010 01:25 Sep 13, 2013 Jkt 029010 PO 00000 Frm 00023 Fmt 6659 Sfmt 6969 E:\HR\OC\SR100.XXX SR100

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tional treasures. The Administration supports this legislation and looks forward to the conservation and protection 

of these very special places. 

STATEMENT OF JAMES M. PEN ̃ A, ASSOCIATE DEPUTY CHIEF, 

NATIONAL FOREST SYSTEM, FOREST SERVICE, DEPART- MENT 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 


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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: 

* * * * * * * 

ø(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 


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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 


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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. 


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(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 

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ette 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.— øThe 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: 

ø(A)¿(i) The ø25.5-mile¿ 27.5-mile segment from its 

headwaters to øBoulder Creek at the Kalmiopsis Wilderness boundary¿ Mislatnah Creek as a wild river; 

ø(B)¿(ii) the ø8¿ 7.5-mile segments from øBoulder 

Creek to Steel Bridge¿ Mislatnah Creek to Eagle Creek 

as a scenic river; and 

ø(C)¿(iii) the ø11¿ 9.5-mile segment from øSteel 

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) 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 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: 


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30 

(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 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 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. 

* * * * * * * 

Æ 


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