II 

Calendar No. 527 

111TH CONGRESS 

2D SESSION S. 1272 

[Report No. 111–257] 

To provide for the designation of the Devil’s Staircase Wilderness Area 

in the State of Oregon, to designate segments of Wasson and Franklin 

Creeks in the State of Oregon as wild or recreation rivers, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2009 

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

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

AUGUST 5, 2010 

Reported by Mr. BINGAMAN, with an amendment and an amendment to the 

title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide for the designation of the Devil’s Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of 

Oregon as wild or recreation rivers, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Devil’s Staircase Wil5 derness Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Devil’s Staircase Wilderness Proposal’’ and 

10 dated June 10, 2009. 

11 (2) SECRETARY.—The term ‘‘Secretary’’ 

12 means— 

13 (A) with respect to land under the jurisdic14 tion of the Secretary of Agriculture, the Sec15 retary of Agriculture; and 

16 (B) with respect to land under the jurisdic17 tion of the Secretary of the Interior, the Sec18 retary of the Interior. 

19 (3) STATE.—The term ‘‘State’’ means the State 

20 of Oregon. 

21 (4) WILDERNESS.—The term ‘‘Wilderness’’ 

22 means the Devil’s Staircase Wilderness designated 

23 by section 3(a). 


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1 SEC. 3. DEVIL’S STAIRCASE WILDERNESS, OREGON. 

2 (a) DESIGNATION.—In accordance with, and in fur3 therance of the purposes of, the Wilderness Act (16 U.S.C. 

4 1131 et seq.), the Federal land in the State administered 

5 by the Chief of the Forest Service and the Director of the 

6 Bureau of Land Management, comprising approximately 

7 29,650 acres, as generally depicted on the map, is des8 ignated as wilderness and as a component of the National 

9 Wilderness Preservation System, to be known as the 

10 ‘‘Devil’s Staircase Wilderness’’. 

11 (b) MAP; LEGAL DESCRIPTION.— 

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

13 the date of enactment of this Act, the Secretary 

14 shall file with the Committee on Natural Resources 

15 of the House of Representatives and the Committee 

16 on Energy and Natural Resources of the Senate a 

17 map and legal description of the Wilderness. 

18 (2) FORCE OF LAW.—The map and legal de19 scription filed under paragraph (1) shall have the 

20 same force and effect as if included in this Act, ex21 cept that the Secretary may correct errors in the 

22 map and legal description. 

23 (3) AVAILABILITY.—The map and legal descrip24 tion filed under paragraph (1) shall be on file and 

25 available for public inspection in— 


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1 (A) the Office of the Chief of the Forest 

2 Service; and 

3 (B) the Office of the Director of the Bu4 reau of Land Management. 

5 (4) CONFLICT BETWEEN MAP AND LEGAL DE6 SCRIPTION.—In the case of a conflict between the 

7 map and the legal description filed under paragraph 

8 (1), the map shall control. 

9 (c) ADMINISTRATION.—The Secretary shall admin10 ister the Wilderness— 

11 (1) in a manner that maintains and restore the 

12 wilderness character of the Wilderness; and 

13 (2) in accordance with— 

14 (A) the Wilderness Act (16 U.S.C. 1131 et 

15 seq.), except that any reference in that Act to 

16 the effective date shall be considered to be a 

17 reference to the date of enactment of this Act; 

18 and 

19 (B) the Oregon Wilderness Act of 1984 

20 (16 U.S.C. 1132 note; Public Law 98–328). 

21 (d) INCORPORATION OF ACQUIRED LAND AND IN22 TERESTS.—Any land within the boundary of the Wilder23 ness that is acquired by the United States shall— 

24 (1) become part of the Wilderness; and 

25 (2) be managed in accordance with— 


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1 (A) this section; and 

2 (B) any other applicable laws. 

3 (e) FISH AND WILDLIFE.—Nothing in this section af4 fects the jurisdiction or responsibilities of the State with 

5 respect to wildlife and fish in units of the National Forest 

6 System in the State. 

7 (f) ADJACENT MANAGEMENT.— 

8 (1) IN GENERAL.—Nothing in this section cre9 ates any protective perimeter or buffer zone around 

10 the Wilderness. 

11 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

12 fact that a nonwilderness activity or use on land out13 side the Wilderness can be seen or heard within the 

14 Wilderness shall not preclude the activity or use out15 side the boundary of the Wilderness. 

16 (g) WITHDRAWAL.—Subject to valid rights in exist17 ence on the date of enactment of this Act, the Federal 

18 land within the Wilderness is withdrawn from all forms 

19 of— 

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

21 public land laws; 

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

23 laws; and 

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


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1 (h) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

2 this section diminishes— 

3 (1) any rights of an Indian tribe in existence on 

4 the date of enactment of this Act; or 

5 (2) any tribal rights regarding access to the 

6 Wilderness for tribal activities, including spiritual, 

7 cultural, and traditional food gathering activities. 

8 SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, WASSON 

9 CREEK AND FRANKLIN CREEK, OREGON. 

10 Section 3(a) of the Wild and Scenic Rivers Act (16 

11 U.S.C. 1274(a)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(208) FRANKLIN CREEK, OREGON.— 

14 ‘‘(A) IN GENERAL.—The 4.5-mile segment 

15 of Franklin Creek, Oregon, from the head16 waters of the Creek to the private land bound17 ary in sec. 8, T. 22 S., R. 10 W., to be admin18 istered by the Secretary of Agriculture as a wild 

19 river. 

20 ‘‘(B) LATERAL BOUNDARIES.—Notwith21 standing section 3(b), the lateral boundaries of 

22 the wild river area along Franklin Creek shall 

23 include an average of not more than 640 acres 

24 per mile measured from the ordinary high water 

25 mark on both sides of the Creek. 


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1 ‘‘(209) WASSON CREEK, OREGON.— 

2 ‘‘(A) IN GENERAL.—The following seg3 ments of Wasson Creek, Oregon: 

4 ‘‘(i) The 4.2-mile segment from the 

5 eastern edge of sec. 17, T. 21 S., R. 9 W., 

6 downstream to the boundary of sec. 11 and 

7 12, T. 21 S., R. 10 W., to be administered 

8 by the Secretary of Interior as a wild river. 

9 ‘‘(ii) The 5.9-mile segment down10 stream from the boundary of sec. 11 and 

11 12 to the private land boundary in sec. 22, 

12 T. 21 S., R. 10 W., to be administered by 

13 the Secretary of Agriculture as a wild 

14 river. 

15 ‘‘(B) LATERAL BOUNDARIES.—Notwith16 standing section 3(b), the lateral boundaries of 

17 the wild river area along Wasson Creek shall in18 clude an average of not more than 640 acres 

19 per mile measured from the ordinary high water 

20 mark on both sides of the Creek.’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Devil’s Staircase Wilder23 ness Act of 2010’’. 

24 SEC. 2. DEFINITIONS. 

25 In this Act: 


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1 (1) MAP.—The term ‘‘map’’ means the map enti2 tled ‘‘Devil’s Staircase Wilderness Proposal’’ and 

3 dated June 15, 2010. 

4 (2) SECRETARY.—The term ‘‘Secretary’’ 

5 means— 

6 (A) with respect to land under the jurisdic7 tion of the Secretary of Agriculture, the Sec8 retary of Agriculture; and 

9 (B) with respect to land under the jurisdic10 tion of the Secretary of the Interior, the Sec11 retary of the Interior. 

12 (3) STATE.—The term ‘‘State’’ means the State 

13 of Oregon. 

14 (4) WILDERNESS.—The term ‘‘Wilderness’’ 

15 means the Devil’s Staircase Wilderness designated by 

16 section 3(a). 

17 SEC. 3. DEVIL’S STAIRCASE WILDERNESS, OREGON. 

18 (a) DESIGNATION.—In accordance with the Wilderness 

19 Act (16 U.S.C. 1131 et seq.), the approximately 30,540 

20 acres of Forest Service land and Bureau of Land Manage21 ment land in the State, as generally depicted on the map, 

22 is designated as wilderness and as a component of the Na23 tional Wilderness Preservation System, to be known as the 

24 ‘‘Devil’s Staircase Wilderness’’. 

25 (b) MAP; LEGAL DESCRIPTION.— 


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

2 the date of enactment of this Act, the Secretary shall 

3 prepare a map and legal description of the Wilder4 ness. 

5 (2) FORCE OF LAW.—The map and legal descrip6 tion prepared under paragraph (1) shall have the 

7 same force and effect as if included in this Act, except 

8 that the Secretary may correct clerical and typo9 graphical errors in the map and legal description. 

10 (3) AVAILABILITY.—The map and legal descrip11 tion prepared under paragraph (1) shall be on file 

12 and available for public inspection in the appropriate 

13 offices of the Forest Service and Bureau of Land 

14 Management. 

15 (c) ADMINISTRATION.—Subject to valid existing rights, 

16 the area designated as wilderness by this section shall be 

17 administered by the Secretary in accordance with the Wil18 derness Act (16 U.S.C. 1131 et seq.), except that— 

19 (1) any reference in that Act to the effective date 

20 shall be considered to be a reference to the date of en21 actment of this Act; and 

22 (2) any reference in that Act to the Secretary of 

23 Agriculture shall be considered to be a reference to the 

24 Secretary that has jurisdiction over the land within 

25 the Wilderness. 


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1 (d) FISH AND WILDLIFE.—Nothing in this section af2 fects the jurisdiction or responsibilities of the State with 

3 respect to fish and wildlife in the State. 

4 (e) ADJACENT MANAGEMENT.— 

5 (1) IN GENERAL.—Nothing in this section creates 

6 any protective perimeter or buffer zone around the 

7 Wilderness. 

8 (2) ACTIVITIES OUTSIDE WILDERNESS.—The fact 

9 that a nonwilderness activity or use on land outside 

10 the Wilderness can be seen or heard within the Wil11 derness shall not preclude the activity or use outside 

12 the boundary of the Wilderness. 

13 (f) PROTECTION OF TRIBAL RIGHTS.—Nothing in this 

14 section diminishes any treaty rights of an Indian tribe. 

15 (g) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

16 (1) IN GENERAL.—Administrative jurisdiction 

17 over the approximately 49 acres of Bureau of Land 

18 Management land north of the Umpqua River in sec. 

19 32, T. 21 S., R. 11 W, is transferred from the Bureau 

20 of Land Management to the Forest Service. 

21 (2) ADMINISTRATION.—The Secretary shall ad22 minister the land transferred by paragraph (1) in ac23 cordance with— 


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1 (A) the Act of March 1, 1911 (commonly 

2 known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

3 seq.); and 

4 (B) any laws (including regulations) appli5 cable to the National Forest System. 

6 SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, WASSON 

7 CREEK AND FRANKLIN CREEK, OREGON. 

8 Section 3(a) of the Wild and Scenic Rivers Act (16 

9 U.S.C. 1274(a)) is amended by adding at the end the fol10 lowing: 

11 ‘‘(210) FRANKLIN CREEK, OREGON.—The 4.5- 

12 mile segment from its headwaters to the line of angle 

13 points within sec. 8, T. 22 S., R. 10 W., shown on 

14 the survey recorded in the Official Records of Douglas 

15 County, Oregon, as M64-62, to be administered by the 

16 Secretary of Agriculture as a wild river. 

17 ‘‘(211) WASSON CREEK, OREGON.—The 10.1-mile 

18 segment in the following classes: 

19 ‘‘(A) The 4.2-mile segment from the eastern 

20 boundary of sec. 17, T. 21 S., R. 9 W., down21 stream to the western boundary of sec. 12, T. 21 

22 S., R. 10 W., to be administered by the Secretary 

23 of the Interior as a wild river. 

24 ‘‘(B) The 5.9-mile segment from the western 

25 boundary of sec. 12, T. 21 S., R. 10 W., downVerDate Mar 15 2010 06:59 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1272.RS S1272

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1 stream to the eastern boundary of the northwest 

2 quarter of sec. 22, T. 21 S., R. 10 W., to be ad3 ministered by the Secretary of Agriculture as a 

4 wild river.’’. 

Amend the title so as to read: ‘‘A bill to provide for 

the designation of the Devil’s Staircase Wilderness Area 

in the State of Oregon, to designate segments of Wasson 

and Franklin Creeks in the State of Oregon as components of the National Wild and Scenic Rivers System, 

and for other purposes.’’. 


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Calendar No. 527 

111TH CONGRESS 

2D SESSION S. 1272 

[Report No. 111–257] 

A BILL 

To provide for the designation of the Devil’s Stairation rivers, and for other purposes. Creeks in the State of Oregon as wild or recre- designate segments of Wasson and Franklin case Wilderness Area in the State of Oregon, to 

AUGUST 5, 2010 

Reported with an amendment and an amendment to the 

title 


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