II 

112TH CONGRESS 

1ST SESSION S. 766 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Devil’s Staircase Wil5 derness Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘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 

16 by section 3(a). 

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

18 (a) DESIGNATION.—In accordance with the Wilder19 ness Act (16 U.S.C. 1131 et seq.), the approximately 

20 30,540 acres of Forest Service land and Bureau of Land 

21 Management land in the State, as generally depicted on 

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

23 of the National Wilderness Preservation System, to be 

24 known as the ‘‘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 

3 shall prepare a map and legal description of the Wil4 derness. 

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

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

8 except that the Secretary may correct clerical and 

9 typographical errors in the map and legal descrip10 tion. 

11 (3) AVAILABILITY.—The map and legal descrip12 tion prepared under paragraph (1) shall be on file 

13 and available for public inspection in the appropriate 

14 offices of the Forest Service and Bureau of Land 

15 Management. 

16 (c) ADMINISTRATION.—Subject to valid existing 

17 rights, the area designated as wilderness by this section 

18 shall be administered by the Secretary in accordance with 

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

20 that— 

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

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

23 of enactment of this Act; and 

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

25 of Agriculture shall be considered to be a reference 


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1 to the Secretary that has jurisdiction over the land 

2 within the Wilderness. 

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

4 affects the jurisdiction or responsibilities of the State with 

5 respect to fish and wildlife in the State. 

6 (e) ADJACENT MANAGEMENT.— 

7 (1) IN GENERAL.—Nothing in this section cre8 ates any protective perimeter or buffer zone around 

9 the Wilderness. 

10 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

11 fact that a nonwilderness activity or use on land out12 side the Wilderness can be seen or heard within the 

13 Wilderness shall not preclude the activity or use out14 side the boundary of the Wilderness. 

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

16 this section diminishes any treaty rights of an Indian 

17 tribe. 

18 (g) TRANSFER OF ADMINISTRATIVE JURISDIC19 TION.— 

20 (1) IN GENERAL.—Administrative jurisdiction 

21 over the approximately 49 acres of Bureau of Land 

22 Management land north of the Umpqua River in sec. 

23 32, T. 21 S., R. 11 W, is transferred from the Bu24 reau of Land Management to the Forest Service. 


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1 (2) ADMINISTRATION.—The Secretary shall ad2 minister the land transferred by paragraph (1) in 

3 accordance with— 

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

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

6 seq.); and 

7 (B) any laws (including regulations) appli8 cable to the National Forest System. 

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

10 CREEK AND FRANKLIN CREEK, OREGON. 

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

12 U.S.C. 1274(a)) is amended by adding at the end the fol13 lowing: 

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

15 mile segment from its headwaters to the line of 

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

17 shown on the survey recorded in the Official Records 

18 of Douglas County, Oregon, as M64–62, to be ad19 ministered by the Secretary of Agriculture as a wild 

20 river. 

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

22 mile segment in the following classes: 

23 ‘‘(A) The 4.2-mile segment from the east24 ern boundary of sec. 17, T. 21 S., R. 9 W., 

25 downstream to the western boundary of sec. 12, 


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

2 Secretary of the Interior as a wild river. 

3 ‘‘(B) The 5.9-mile segment from the west4 ern boundary of sec. 12, T. 21 S., R. 10 W., 

5 downstream to the eastern boundary of the 

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

7 W., to be administered by the Secretary of Ag8 riculture as a wild river.’’. 

Æ 


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