II 

110TH CONGRESS 

2D SESSION S. 3149 

To amend the Wild and Scenic Rivers Act to add certain segments to 

the Rogue River designation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2008 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the Wild and Scenic Rivers Act to add certain 

segments to the Rogue River designation, 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 ‘‘Lower Rogue Wild and 

5 Scenic Rivers Act of 2008’’. 

6 SEC. 2. ROGUE RIVER ADDITIONS. 

7 (a) IN GENERAL.—Section 3(a)(5) of the Wild and 

8 Scenic Rivers Act (16 U.S.C. 1274(a)(5)) is amended— 

9 (1) by striking ‘‘The segment’’ and inserting 

10 the following: 


jbell on PROD1PC69 with BILLS
2 

•S 3149 IS

1 ‘‘(A) IN GENERAL.—The segment’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(B) ADDITIONAL AREAS.—In addition to the 

4 segment described in subparagraph (A), the fol5 lowing segments of the Rogue River, Oregon, to be 

6 administered in the following classifications: 

7 ‘‘(i) KELSEY CREEK.— 

8 ‘‘(I) The 2.2-mile segment of Kelsey 

9 Creek from the headwaters of the Creek to 

10 the eastern section line of 32S 8W sec. 30 

11 as a recreational river. 

12 ‘‘(II) The 7.1-mile segment of Kelsey 

13 Creek from the eastern section line of 32S 

14 8W sec. 30 to the confluence with the 

15 Rogue River as a wild river. 

16 ‘‘(ii) EAST FORK KELSEY CREEK.— 

17 ‘‘(I) The 0.1-mile segment of East 

18 Fork Kelsey Creek from the headwaters of 

19 the Creek to 0.1 miles downstream of road 

20 32–7–19.3 as a scenic river. 

21 ‘‘(II) The 4.7-mile segment of East 

22 Fork Kelsey Creek downstream from 0.1 

23 miles downstream of road 32–7–19.3 to 

24 the confluence with Kelsey Creek as a wild 

25 river. 


jbell on PROD1PC69 with BILLS
3 

•S 3149 IS

1 ‘‘(iii) WHISKY CREEK.— 

2 ‘‘(I) The 0.6-mile segment of Whisky 

3 Creek from the confluence of the East 

4 Fork and West Fork to 0.1 miles down5 stream from road 33–8–23 as a rec6 reational river. 

7 ‘‘(II) The 1.9-mile segment of Whisky 

8 Creek from 0.1 miles downstream from 

9 road 33–8–23 to the confluence with the 

10 Rogue River as a wild river. 

11 ‘‘(iv) EAST FORK WHISKY CREEK.— 

12 ‘‘(I) The 0.1-mile segment of East 

13 Fork Whisky Creek from the headwaters 

14 of the Creek to 0.1 miles downstream of 

15 road 34–8–1 as a scenic river. 

16 ‘‘(II) The 3.7-mile segment of East 

17 Fork Whisky Creek from 0.1 miles down18 stream of road 34–8–1 to the confluence 

19 with Whisky Creek as a wild river. 

20 ‘‘(v) WEST FORK WHISKY CREEK.—The 

21 4.8-mile segment of West Fork Whisky Creek 

22 from the headwaters of the Creek to the con23 fluence of the Rogue River as a wild river. 

24 ‘‘(vi) BIG WINDY CREEK.— 


jbell on PROD1PC69 with BILLS
4 

•S 3149 IS

1 ‘‘(I) The 1.5-mile segment of Big 

2 Windy Creek from the headwaters of the 

3 Creek to 0.1 miles downstream from road 

4 34–9–17.1 as a scenic river. 

5 ‘‘(II) The 5.8-mile segment of Big 

6 Windy Creek from 0.1 miles downstream 

7 from road 34–9–17.1 to the confluence 

8 with the Rogue River as a wild river. 

9 ‘‘(vii) EAST FORK BIG WINDY CREEK.— 

10 ‘‘(I) The 0.2-mile segment of East 

11 Fork Big Windy Creek from the head12 waters of the Creek to 0.1 miles down13 stream from road 34–8–36 as a scenic 

14 river. 

15 ‘‘(II) The 3.7-mile segment of East 

16 Fork Big Windy Creek from 0.1 miles 

17 downstream from road 34–8–36 to the 

18 confluence with Big Windy Creek as a wild 

19 river. 

20 ‘‘(viii) LITTLE WINDY CREEK.— 

21 ‘‘(I) The 1.1-mile segment of Little 

22 Windy Creek from the headwaters of the 

23 Creek to 0.1 miles downstream of road 34– 

24 8–36 as a scenic river. 


jbell on PROD1PC69 with BILLS
5 

•S 3149 IS

1 ‘‘(II) The 1.9-mile segment of Little 

2 Windy Creek from 0.1 miles downstream 

3 of road 34–8–36 to the confluence with the 

4 Rogue River as a wild river. 

5 ‘‘(ix) HOWARD CREEK.— 

6 ‘‘(I) The 0.3-mile segment of Howard 

7 Creek from the headwaters of the Creek to 

8 0.1 miles downstream of road 34–9–34 as 

9 a scenic river. 

10 ‘‘(II) The 6.9-mile segment of Howard 

11 Creek from 0.1 miles downstream of road 

12 34–9–34 to the confluence with the Rogue 

13 River as a wild river. 

14 ‘‘(x) MULE CREEK.— 

15 ‘‘(I) The 0.2-mile segment of Mule 

16 Creek from the headwaters of the Creek to 

17 0.1 miles downstream from road 32–9– 

18 15.1 as a scenic river. 

19 ‘‘(II) The 11.2-mile segment of Mule 

20 Creek from 0.1 miles downstream from 

21 road 32–9–15.1 to the confluence with the 

22 Rogue River as a wild river. 

23 ‘‘(xi) GRAVE CREEK.— 


jbell on PROD1PC69 with BILLS
6 

•S 3149 IS

1 ‘‘(I) The 1.6-mile segment of Grave 

2 Creek from the confluence of Wolf Creek 

3 downstream as a scenic river. 

4 ‘‘(II) The 8.2-mile segment of Grave 

5 Creek from 1.6 miles downstream of the 

6 confluence of Wolf Creek to the confluence 

7 with the Rogue River as a recreational 

8 river. 

9 ‘‘(xii) ANNA CREEK.—The 3.5-mile seg10 ment of Anna Creek from the headwaters of 

11 Anna Creek to the confluence with Howard 

12 Creek as a wild river. 

13 ‘‘(xiii) MISSOURI CREEK.— 

14 ‘‘(I) The 2.6-mile segment of Missouri 

15 Creek from the headwaters of the Creek to 

16 the north section line of 33S 10W sec. 25 

17 as a scenic river. 

18 ‘‘(II) The 2.2-mile segment of Mis19 souri Creek from the north section line of 

20 33S 10W sec. 25 to the confluence with 

21 the Rogue River as a wild river. 

22 ‘‘(xiv) JENNY CREEK.— 

23 ‘‘(I) The 0.3-mile segment of Jenny 

24 Creek from the headwaters of the Creek to 


jbell on PROD1PC69 with BILLS
7 

•S 3149 IS

1 0.1 miles downstream from road 34–9–7 

2 as a scenic river. 

3 ‘‘(II) The 4.6-mile segment of Jenny 

4 Creek from 0.1 miles downstream from 

5 road 34–9–7 to the confluence with the 

6 Rogue River as a wild river. 

7 ‘‘(xv) RUM CREEK.— 

8 ‘‘(I) The 2-mile segment of Rum 

9 Creek from the headwaters of the Creek to 

10 0.1 miles downstream from road 34–8–34 

11 as a scenic river. 

12 ‘‘(II) The 2.4-mile segment of Rum 

13 Creek from 0.1 miles downstream from 

14 road 34–8–34 to the confluence with the 

15 Rogue River as a wild river. 

16 ‘‘(xvi) EAST FORK RUM CREEK.— 

17 ‘‘(I) The 0.5-mile segment of East 

18 Rum Creek from the headwaters to 0.1 

19 miles downstream of road 34–8–10.1 as a 

20 scenic river. 

21 ‘‘(II) The 1.5-mile segment of East 

22 Rum Creek from 0.1 miles downstream of 

23 road 34–8–10.1 to the confluence with 

24 Rum Creek as a wild river. 


jbell on PROD1PC69 with BILLS
8 

•S 3149 IS

1 ‘‘(xvii) WILDCAT CREEK.—The 1.7-mile 

2 segment of Wildcat Creek from the headwaters 

3 of the Creek downstream to the confluence with 

4 the Rogue River as a wild river. 

5 ‘‘(xviii) MONTGOMERY CREEK.—The 1.8- 

6 mile segment of Montgomery Creek from the 

7 headwaters of the Creek downstream to the 

8 confluence with the Rogue River as a wild river. 

9 ‘‘(xix) QUARTZ CREEK.— 

10 ‘‘(I) The 0.5-mile segment of Quartz 

11 Creek from its headwaters to 0.1 miles 

12 downstream from road 35–9–1.2 as a rec13 reational river. 

14 ‘‘(II) The 2.8-mile segment from 0.1 

15 miles downstream from road 35–9–1.2 to 

16 the confluence of the North Fork Galice 

17 Creek as a scenic river. 

18 ‘‘(xx) HEWITT CREEK.— 

19 ‘‘(I) The 1.3-mile segment of Hewitt 

20 Creek from the headwaters of the Creek to 

21 0.1 miles downstream of road 33–9–21 as 

22 a scenic river. 

23 ‘‘(II) The 1.3-mile segment of Hewitt 

24 Creek from 0.1 miles downstream of road 


jbell on PROD1PC69 with BILLS
9 

•S 3149 IS

1 33–9–21 to the confluence with the Rogue 

2 River as a wild river. 

3 ‘‘(xxi) BUNKER CREEK.—The 6.6-mile seg4 ment of Bunker Creek from the headwaters of 

5 the Creek to the confluence with the Rogue 

6 River as a wild river. 

7 ‘‘(xxii) DULOG CREEK.— 

8 ‘‘(I) The 0.8-mile segment of Dulog 

9 Creek from the headwaters of the Creek to 

10 0.1 miles downstream of road 34–8–36 as 

11 a scenic river. 

12 ‘‘(II) The 1.0-mile segment of Dulog 

13 Creek from 0.1 miles downstream of road 

14 34–8–36 to the confluence with the Rogue 

15 River as a wild river. 

16 ‘‘(xxiii) GALICE CREEK.—The 2.2-mile seg17 ment of Galice Creek from the confluence with 

18 the North and South Forks of Galice Creek to 

19 the confluence with the Rogue River as a rec20 reational river. 

21 ‘‘(xxiv) NORTH FORK GALICE CREEK.— 

22 ‘‘(I) The 1.2-mile segment of North 

23 Fork Galice Creek from the headwaters of 

24 the Creek to 0.1 miles upstream of road 

25 34–8–36 as a scenic river. 


jbell on PROD1PC69 with BILLS
10 

•S 3149 IS

1 ‘‘(II) The 4.5-mile segment of North 

2 Fork Galice Creek from 0.1 miles up3 stream of road 34–8–36 to the confluence 

4 with Galice Creek as a recreational river. 

5 ‘‘(xxv) QUAIL CREEK.— 

6 ‘‘(I) The 0.7-mile segment of Quail 

7 Creek from the headwaters of the Creek to 

8 0.1 miles downstream from road 32–9– 

9 14.2 as a scenic river. 

10 ‘‘(II) The 1.8-mile segment of Quail 

11 Creek from to 0.1 miles downstream from 

12 road 32–9–14.2 to the confluence with the 

13 Rogue River as a wild river. 

14 ‘‘(xxvi) MEADOW CREEK.—The 4.1-mile 

15 segment of Meadow Creek from the headwaters 

16 of the Creek to the confluence with the Rogue 

17 River as a wild river. 

18 ‘‘(xxvii) RUSSIAN CREEK.— 

19 ‘‘(I) The 0.4-mile segment of Russian 

20 Creek from the headwaters of the Creek to 

21 0.1 miles downstream from road 33–8–21 

22 as a scenic river. 

23 ‘‘(II) The 2.2-mile segment of Russian 

24 Creek 0.1 miles downstream from road 33– 


jbell on PROD1PC69 with BILLS
11 

•S 3149 IS

1 8–21 to the confluence with the Rogue 

2 River as a wild river. 

3 ‘‘(xxviii) ALDER CREEK.—The 1.2-mile 

4 segment of Alder Creek from the headwaters of 

5 the Creek to the confluence with the Rogue 

6 River as a wild river. 

7 ‘‘(xxix) BOOZE CREEK.—The 1.5-mile seg8 ment of Booze Creek from the headwaters of 

9 the Creek to the confluence with the Rogue 

10 River as a wild river. 

11 ‘‘(xxx) BRONCO CREEK.—The 1.8-mile seg12 ment of Bronco Creek from the headwaters of 

13 the Creek to the confluence with the Rogue 

14 River as a wild river. 

15 ‘‘(xxxi) CENTENNIAL GULCH CREEK.—The 

16 1.9-mile segment of Centennial Gulch Creek 

17 from the headwaters of the Creek to the con18 fluence with the Rogue River as a recreational 

19 river. 

20 ‘‘(xxxii) COPSEY CREEK.—The 1.5-mile 

21 segment of Copsey Creek from the headwaters 

22 of the Creek to the confluence with the Rogue 

23 River as a wild river. 

24 ‘‘(xxxiii) CORRAL CREEK.—The 0.5-mile 

25 segment of Corral Creek from the headwaters 


jbell on PROD1PC69 with BILLS
12 

•S 3149 IS

1 of the Creek to the confluence with the Rogue 

2 River as a wild river. 

3 ‘‘(xxxiv) COWLEY CREEK.—The 0.9-mile 

4 segment of Cowley Creek from the headwaters 

5 of the Creek to the confluence with the Rogue 

6 River as a wild river. 

7 ‘‘(xxxv) DITCH CREEK.— 

8 ‘‘(I) The 0.5-mile segment of Ditch 

9 Creek from the headwaters of the Creek 

10 0.1 miles downstream from road 33–5–9.2 

11 as a scenic river. 

12 ‘‘(II) The 1.9-mile segment of Ditch 

13 Creek from 0.1 miles downstream from 

14 road 33–5–9.2 to the confluence with the 

15 Rogue River as a wild river. 

16 ‘‘(xxxvi) FRANCIS CREEK.—The 0.9-mile 

17 segment of Francis Creek from the headwaters 

18 of the Creek to the confluence with the Rogue 

19 River as a wild river. 

20 ‘‘(xxxvii) LONG GULCH.— 

21 ‘‘(I) The 1.4-mile segment of Long 

22 Gulch from the headwaters to 0.1 miles 

23 downstream from road 34–9–21 as a sce24 nic river. 


jbell on PROD1PC69 with BILLS
13 

•S 3149 IS

1 ‘‘(II) The 1.1-mile segment of Long 

2 Gulch from 0.1 miles downstream of road 

3 34–9–21 to the confluence with the Rogue 

4 River as a wild river. 

5 ‘‘(xxxviii) BAILEY CREEK.— 

6 ‘‘(I) The 1.0-mile segment of Bailey 

7 Creek from the headwaters of the Creek to 

8 0.1 miles downstream from road 34–8– 

9 22.2 as a scenic river. 

10 ‘‘(II) The 2.1-mile segment of Bailey 

11 Creek from 0.1 miles downstream from 

12 road 34–8–22.2 to the confluence of the 

13 Rogue River as a wild river. 

14 ‘‘(xxxix) SHADY CREEK.—The 0.7-mile 

15 segment of Shady Creek from the headwaters of 

16 the Creek to the confluence with the Rogue 

17 River, as a wild river. 

18 ‘‘(xl) SLIDE CREEK.— 

19 ‘‘(I) The 0.5-mile segment of Slide 

20 Creek from the headwaters of the Creek to 

21 0.1 miles downstream from road 33–9–6 

22 as a scenic river. 

23 ‘‘(II) The 0.7-mile segment of Slide 

24 Creek from 0.1 miles downstream of road 


jbell on PROD1PC69 with BILLS
14 

•S 3149 IS

1 33–9–6 to the confluence with the Rogue 

2 River as a wild river.’’. 

3 (b) ADMINISTRATIVE PROVISIONS.— 

4 (1) IN GENERAL.—Any segment of the Rogue 

5 River designated by subparagraph (B) of section 

6 3(a)(5) of the Wild and Scenic Rivers Act (16 

7 U.S.C. 1274(a)(5)) (as added by subsection (a)(2)) 

8 shall— 

9 (A) include an average of 640 acres per 

10 mile measured from the ordinary high water 

11 mark on both sides of the River; and 

12 (B) be managed as part of the Rogue Wild 

13 and Scenic River designated by subparagraph 

14 (A) of section 3(a)(5) of the Wild and Scenic 

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

16 subsection (a)(1)). 

17 (2) WITHDRAWAL.—Subject to valid rights, the 

18 Federal land within the boundaries of the river seg19 ments designated by subparagraph (B) of section 

20 3(a)(5) of the Wild and Scenic Rivers Act (16 

21 U.S.C. 1274(a)(5)) (as added by subsection (a)(2)) 

22 is withdrawn from all forms of— 

23 (A) entry, appropriation, or disposal under 

24 the public land laws; 


jbell on PROD1PC69 with BILLS
15 

•S 3149 IS

1 (B) location, entry, and patent under the 

2 mining laws; and 

3 (C) disposition under all laws relating to 

4 mineral and geothermal leasing or mineral ma5 terials. 

6 (3) WINDPOWER FACILITIES PROHIBITED.— 

7 The siting of windpower facilities within the lateral 

8 boundaries of a segment of the Rogue Wild and Sce9 nic River designated by subparagraph (B) of section 

10 3(a)(5) of the Wild and Scenic Rivers Act (16 

11 U.S.C. 1274(a)(5)) (as added by subsection (a)(2)) 

12 is prohibited. 

Æ 


jbell on PROD1PC69 with BILLS