II 

Calendar No. 277 

112TH CONGRESS 

2D SESSION S. 766 

[Report No. 112–115] 

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 rivers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7 (legislative day, APRIL 5), 2011 

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

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

JANUARY 13, 2012 

Reported under authority of the order of the Senate of December 17, 2011, 

by Mr. BINGAMAN, without amendment 

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 rivers, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Devil’s Staircase Wil3 derness Act of 2011’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Devil’s Staircase Wilderness Proposal’’ and 

8 dated June 15, 2010. 

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

10 means— 

11 (A) with respect to land under the jurisdic12 tion of the Secretary of Agriculture, the Sec13 retary of Agriculture; and 

14 (B) with respect to land under the jurisdic15 tion of the Secretary of the Interior, the Sec16 retary of the Interior. 

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

18 of Oregon. 

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

20 means the Devil’s Staircase Wilderness designated 

21 by section 3(a). 

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

23 (a) DESIGNATION.—In accordance with the Wilder24 ness Act (16 U.S.C. 1131 et seq.), the approximately 

25 30,540 acres of Forest Service land and Bureau of Land 

26 Management land in the State, as generally depicted on 


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1 the map, is designated as wilderness and as a component 

2 of the National Wilderness Preservation System, to be 

3 known as the ‘‘Devil’s Staircase Wilderness’’. 

4 (b) MAP; LEGAL DESCRIPTION.— 

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

6 the date of enactment of this Act, the Secretary 

7 shall prepare a map and legal description of the Wil8 derness. 

9 (2) FORCE OF LAW.—The map and legal de10 scription prepared under paragraph (1) shall have 

11 the same force and effect as if included in this Act, 

12 except that the Secretary may correct clerical and 

13 typographical errors in the map and legal descrip14 tion. 

15 (3) AVAILABILITY.—The map and legal descrip16 tion prepared under paragraph (1) shall be on file 

17 and available for public inspection in the appropriate 

18 offices of the Forest Service and Bureau of Land 

19 Management. 

20 (c) ADMINISTRATION.—Subject to valid existing 

21 rights, the area designated as wilderness by this section 

22 shall be administered by the Secretary in accordance with 

23 the Wilderness Act (16 U.S.C. 1131 et seq.), except 

24 that— 


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

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

3 of enactment of this Act; and 

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

5 of Agriculture shall be considered to be a reference 

6 to the Secretary that has jurisdiction over the land 

7 within the Wilderness. 

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

9 affects the jurisdiction or responsibilities of the State with 

10 respect to fish and wildlife in the State. 

11 (e) ADJACENT MANAGEMENT.— 

12 (1) IN GENERAL.—Nothing in this section cre13 ates any protective perimeter or buffer zone around 

14 the Wilderness. 

15 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

16 fact that a nonwilderness activity or use on land out17 side the Wilderness can be seen or heard within the 

18 Wilderness shall not preclude the activity or use out19 side the boundary of the Wilderness. 

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

21 this section diminishes any treaty rights of an Indian 

22 tribe. 

23 (g) TRANSFER OF ADMINISTRATIVE JURISDIC24 TION.— 


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1 (1) IN GENERAL.—Administrative jurisdiction 

2 over the approximately 49 acres of Bureau of Land 

3 Management land north of the Umpqua River in sec. 

4 32, T. 21 S., R. 11 W, is transferred from the Bu5 reau of Land Management to the Forest Service. 

6 (2) ADMINISTRATION.—The Secretary shall ad7 minister the land transferred by paragraph (1) in 

8 accordance with— 

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

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

11 seq.); and 

12 (B) any laws (including regulations) appli13 cable to the National Forest System. 

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

15 CREEK AND FRANKLIN CREEK, OREGON. 

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

17 U.S.C. 1274(a)) is amended by adding at the end the fol18 lowing: 

19 ‘‘(208) FRANKLIN CREEK, OREGON.—The 4.5- 

20 mile segment from its headwaters to the line of 

21 angle points within sec. 8, T. 22 S., R. 10 W., 

22 shown on the survey recorded in the Official Records 

23 of Douglas County, Oregon, as M64–62, to be ad24 ministered by the Secretary of Agriculture as a wild 

25 river. 


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1 ‘‘(209) WASSON CREEK, OREGON.—The 10.1- 

2 mile segment in the following classes: 

3 ‘‘(A) The 4.2-mile segment from the east4 ern boundary of sec. 17, T. 21 S., R. 9 W., 

5 downstream to the western boundary of sec. 12, 

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

7 Secretary of the Interior as a wild river. 

8 ‘‘(B) The 5.9-mile segment from the west9 ern boundary of sec. 12, T. 21 S., R. 10 W., 

10 downstream to the eastern boundary of the 

11 northwest quarter of sec. 22, T. 21 S., R. 10 

12 W., to be administered by the Secretary of Ag13 riculture as a wild river.’’. 


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Calendar No. 277 

112TH CONGRESS 

2D SESSION S. 766 

[Report No. 112–115] 

A BILL 

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

JANUARY 13, 2012 

Reported without amendment 


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