II 

113TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2013 

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 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. 

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 ‘‘Oregon Treasures Act 

5 of 2013’’. 

6 SEC. 2. CATHEDRAL ROCK AND HORSE HEAVEN WILDER7 NESS. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) LAND EXCHANGE MAP.—The term ‘‘land 

2 exchange map’’ means the map entitled ‘‘Antone 

3 Ranch Exchanges’’ and dated July 26, 2010. 

4 (2) PROPOSED WILDERNESS MAP.—The term 

5 ‘‘proposed wilderness map’’ means the map entitled 

6 ‘‘Cathedral Rock and Horse Heaven Wilderness’’ 

7 and dated November 8, 2010. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (4) STATE.—The term ‘‘State’’ means the State 

11 of Oregon. 

12 (b) LAND EXCHANGES.— 

13 (1) AUTHORIZATION.— 

14 (A) SMITH EXCHANGE.— 

15 (i) IN GENERAL.—Subject to para16 graphs (2) through (5), if the owner of the 

17 non-Federal land described in clause (ii)(I) 

18 offers to convey to the United States all 

19 right, title, and interest of the owner in 

20 and to the non-Federal land, the Secretary 

21 shall— 

22 (I) accept the offer; and 

23 (II) convey to the owner of the 

24 non-Federal land all right, title, and 

25 interest of the United States in and to 


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1 the Federal land described in clause 

2 (ii)(II). 

3 (ii) DESCRIPTION OF LAND.— 

4 (I) NON-FEDERAL LAND.—The 

5 non-Federal land referred to in clause 

6 (i) is the approximately 1,135 acres of 

7 non-Federal land generally depicted 

8 on the proposed wilderness map as 

9 ‘‘Land transfer from Smith to BLM’’. 

10 (II) FEDERAL LAND.—The Fed11 eral land referred to in clause (i)(II) 

12 is the approximately 1,195 acres of 

13 Federal land generally depicted on the 

14 proposed wilderness map as ‘‘Land 

15 transfer from BLM to Smith’’. 

16 (B) SHRUM EXCHANGE.— 

17 (i) IN GENERAL.—Subject to para18 graphs (2) through (5), if the owner of the 

19 non-Federal land described in clause (ii)(I) 

20 offers to convey to the United States all 

21 right, title, and interest of the owner in 

22 and to the non-Federal land, the Secretary 

23 shall— 

24 (I) accept the offer; and 


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1 (II) convey to the owner of the 

2 non-Federal land all right, title, and 

3 interest of the United States in and to 

4 the Federal land described in clause 

5 (ii)(II). 

6 (ii) DESCRIPTION OF LAND.— 

7 (I) NON-FEDERAL LAND.—The 

8 non-Federal land referred to in clause 

9 (i) is the approximately 415 acres of 

10 non-Federal land generally depicted 

11 on the proposed wilderness map as 

12 ‘‘Land transfer from Shrum to 

13 BLM’’. 

14 (II) FEDERAL LAND.—The Fed15 eral land referred to in clause (i)(II) 

16 is the approximately 555 acres of 

17 Federal land generally depicted on the 

18 proposed wilderness map as ‘‘Land 

19 transfer from BLM to Shrum’’. 

20 (C) YOUNG LIFE EXCHANGE.— 

21 (i) IN GENERAL.—Subject to para22 graphs (2) through (5), if the owner of the 

23 non-Federal land described in clause (ii)(I) 

24 offers to convey to the United States all 

25 right, title, and interest of the owner in 


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1 and to the non-Federal land, the Secretary 

2 and the Secretary of Agriculture shall— 

3 (I) accept the offer; and 

4 (II) convey to the owner of the 

5 non-Federal land all right, title, and 

6 interest of the United States in and to 

7 the Federal land described in clause 

8 (ii)(II). 

9 (ii) DESCRIPTION OF LAND.— 

10 (I) NON-FEDERAL LAND.—The 

11 non-Federal land referred to in clause 

12 (i) is the approximately 10,290 acres 

13 of non-Federal land generally depicted 

14 on the proposed wilderness map as 

15 ‘‘Land transfer from Young Life to 

16 BLM’’. 

17 (II) FEDERAL LAND.—The Fed18 eral land referred to in clause (i)(II) 

19 is— 

20 (aa) the approximately 

21 11,365 acres of Federal land 

22 generally depicted on the pro23 posed wilderness map as ‘‘Land 

24 transfer from BLM to Young 

25 Life’’; 


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1 (bb) the approximately 645 

2 acres of Federal land generally 

3 depicted on the land exchange 

4 map as ‘‘Land transfer from 

5 BLM to Young Life’’; and 

6 (cc) the approximately 690 

7 acres of Federal land generally 

8 depicted on the land exchange 

9 map as ‘‘Land transfer from 

10 USFS to Young Life’’. 

11 (2) APPLICABLE LAW.—Each land exchange 

12 under paragraph (1) shall be carried out in accord13 ance with section 206 of the Federal Land Policy 

14 and Management Act of 1976 (43 U.S.C. 1716), in15 cluding the requirement that the Secretary deter16 mine that the public interest will be well served by 

17 making the exchange. 

18 (3) CONDITIONS.—Each land exchange under 

19 paragraph (1) shall be subject to— 

20 (A) valid existing rights; 

21 (B) the condition that the owner make the 

22 offer to convey all or part of the non-Federal 

23 land during the 3-year period beginning on the 

24 date of enactment of this Act; 


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1 (C) the condition that the owner of the 

2 non-Federal land pay not less than 50 percent 

3 of all costs relating to the land exchange, in4 cluding the costs of appraisals, surveys, and 

5 any necessary environmental clearances; 

6 (D) the condition that title to the non-Fed7 eral land be acceptable to the Secretary and in 

8 conformance with the title approval standards 

9 applicable to Federal land acquisitions; and 

10 (E) such terms and conditions as the Sec11 retary or the Secretary of Agriculture, as ap12 propriate, may require. 

13 (4) VALUATION, APPRAISALS, AND EQUALI14 ZATION.— 

15 (A) IN GENERAL.—The value of the Fed16 eral land and the non-Federal land to be con17 veyed in each land exchange under this sub18 section— 

19 (i) shall be equal, as determined by 

20 appraisals conducted in accordance with 

21 subparagraph (B); or 

22 (ii) if not equal, shall be equalized in 

23 accordance with subparagraph (C). 

24 (B) APPRAISALS.— 


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1 (i) IN GENERAL.—The Federal land 

2 and the non-Federal land to be exchanged 

3 under this subsection shall be appraised by 

4 an independent, qualified appraiser that is 

5 agreed to by the Secretary or the Secretary 

6 of Agriculture, as appropriate. 

7 (ii) REQUIREMENTS.—An appraisal 

8 under clause (i) shall be conducted in ac9 cordance with— 

10 (I) the Uniform Appraisal Stand11 ards for Federal Land Acquisitions; 

12 and 

13 (II) the Uniform Standards of 

14 Professional Appraisal Practice. 

15 (C) EQUALIZATION.— 

16 (i) IN GENERAL.—If the value of the 

17 Federal land and the non-Federal land to 

18 be conveyed in a land exchange under this 

19 subsection is not equal, the value may be 

20 equalized by— 

21 (I) making a cash equalization 

22 payment to the Secretary or to the 

23 owner of the non-Federal land, as ap24 propriate, in accordance with section 

25 206(b) of the Federal Land Policy 


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1 and Management Act of 1976 (43 

2 U.S.C. 1716(b)); or 

3 (II) reducing the acreage of the 

4 Federal land or the non-Federal land 

5 to be exchanged, as appropriate. 

6 (ii) CASH EQUALIZATION PAY7 MENTS.—Any cash equalization payments 

8 received by the Secretary under clause 

9 (i)(I) shall be— 

10 (I) deposited in the Federal Land 

11 Disposal Account established by sec12 tion 206(a) of the Federal Land 

13 Transaction Facilitation Act (43 

14 U.S.C. 2305(a)); and 

15 (II) used in accordance with that 

16 Act. 

17 (5) SURVEYS.—The exact acreage and legal de18 scription of the Federal land and non-Federal land 

19 to be exchanged under paragraph (1) shall be deter20 mined by surveys approved by the Secretary. 

21 (6) COMPLETION OF LAND EXCHANGE.—It is 

22 the intent of Congress that the land exchanges 

23 under this subsection be completed not later than 5 

24 years after the date of enactment of this Act. 


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1 (7) TRANSFER OF ADMINISTRATIVE JURISDIC2 TION.— 

3 (A) IN GENERAL.—Administrative jurisdic4 tion over the approximately 750 acres of Fed5 eral land managed by the Bureau of Land Man6 agement generally depicted on the land ex7 change map as ‘‘Land transfer from BLM to 

8 USFS’’ is transferred from the Bureau of Land 

9 Management to the Forest Service. 

10 (B) ADMINISTRATION.—The Secretary of 

11 Agriculture shall administer the transferred 

12 land in accordance with— 

13 (i) the Act of March 1, 1911 (com14 monly known as the ‘‘Weeks Act’’) (16 

15 U.S.C. 480 et seq.); and 

16 (ii) the laws (including regulations) 

17 applicable to the National Forest System. 

18 (C) COSTS.—Any costs relating to the 

19 transfer under subparagraph (A), including any 

20 costs for surveys and other administrative costs, 

21 shall be paid by the Secretary of Agriculture. 

22 (c) POTENTIAL WILDERNESS AREAS.— 

23 (1) DESIGNATION OF POTENTIAL WILDER24 NESS.— 


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1 (A) IN GENERAL.—Subject to paragraph 

2 (4), in furtherance of the purposes of the Wil3 derness Act (16 U.S.C. 1131 et seq.), the fol4 lowing areas of Federal land managed by the 

5 Bureau of Land Management in the State are 

6 designated as potential wilderness areas: 

7 (i) CATHEDRAL ROCK.—Certain land 

8 comprising approximately 4,560 acres gen9 erally depicted on the proposed wilderness 

10 map as ‘‘Proposed Cathedral Rock Wilder11 ness’’. 

12 (ii) HORSE HEAVEN.—Certain land 

13 comprising approximately 2,815 acres gen14 erally depicted on the proposed wilderness 

15 map as ‘‘Proposed Horse Heaven Wilder16 ness’’. 

17 (B) INTERIM MANAGEMENT.—Subject to 

18 paragraph (4), each potential wilderness area 

19 designated under paragraph (1) shall be man20 aged in a manner that maintains or improves 

21 the wilderness character of the potential wilder22 ness area and suitability of the potential wilder23 ness area for designation in accordance with the 

24 Wilderness Act (16 U.S.C. 1131 et seq.) until 

25 the date on which the potential wilderness area 


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1 is designated as wilderness under paragraph 

2 (2). 

3 (2) DESIGNATION OF WILDERNESS.— 

4 (A) CATHEDRAL ROCK WILDERNESS.— 

5 Subject to paragraph (4), the Federal land 

6 within the boundaries of the area generally de7 picted on the proposed wilderness map as ‘‘Pro8 posed Cathedral Rock Wilderness’’ shall be des9 ignated as wilderness and as a component of 

10 the National Wilderness Preservation System, 

11 to be known as the ‘‘Cathedral Rock Wilder12 ness’’, on the earlier of— 

13 (i) the date on which the Secretary 

14 publishes in the Federal Register notice 

15 that sufficient inholdings within the bound16 aries of the Proposed Cathedral Rock Wil17 derness have been acquired to establish a 

18 manageable wilderness unit; or 

19 (ii) the date on which the Secretary 

20 acquires secs. 2, 11, and 23 in T. 9 S, R. 

21 19 E. 

22 (B) HORSE HEAVEN WILDERNESS.—Sub23 ject to paragraph (4), the Federal land within 

24 the boundaries of the area generally depicted on 

25 the proposed wilderness map as ‘‘Proposed 


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1 Horse Heaven Wilderness’’ shall be designated 

2 as wilderness and as a component of the Na3 tional Wilderness Preservation System, to be 

4 known as the ‘‘Horse Heaven Wilderness’’, on 

5 the earlier of— 

6 (i) the date on which the Secretary 

7 publishes in the Federal Register notice 

8 that sufficient inholdings within the bound9 aries of the Proposed Horse Heaven Wil10 derness have been acquired to establish a 

11 manageable wilderness unit; or 

12 (ii) the date on which the Secretary 

13 acquires those portions of secs. 11, 12, 13, 

14 23, and 24 in T. 10 S, R. 18 E. that are 

15 generally depicted as within the boundaries 

16 of the ‘‘Proposed Horse Heaven Wilder17 ness’’ on the proposed wilderness map. 

18 (C) MAPS; LEGAL DESCRIPTIONS.— 

19 (i) IN GENERAL.—As soon as prac20 ticable after the date on which a wilderness 

21 area is designated under subparagraph (A) 

22 or (B), the Secretary shall prepare a map 

23 and legal description of the wilderness 

24 area. 


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1 (ii) FORCE OF LAW.—The maps and 

2 legal descriptions prepared under clause (i) 

3 shall have the same force and effect as if 

4 included in this section, except that the 

5 Secretary may correct minor errors in the 

6 maps and legal descriptions. 

7 (iii) AVAILABILITY.—The maps and 

8 legal descriptions prepared under clause (i) 

9 shall be on file and available for public in10 spection in the appropriate offices of the 

11 Bureau of Land Management. 

12 (D) ADMINISTRATION OF WILDERNESS.— 

13 (i) IN GENERAL.—Subject to valid ex14 isting rights, each area designated as wil15 derness under subparagraph (A) or (B) 

16 shall be administered by the Secretary in 

17 accordance with the Wilderness Act (16 

18 U.S.C. 1131 et seq.), except that— 

19 (I) any reference in the Wilder20 ness Act to the effective date of that 

21 Act shall be considered to be a ref22 erence to the date of enactment of 

23 this Act; and 

24 (II) any reference in the Wilder25 ness Act to the Secretary of AgriVerDate Mar 15 2010 21:19 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S353.IS S353

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1 culture shall be considered to be a ref2 erence to the Secretary of the Inte3 rior. 

4 (ii) GRAZING.—The grazing of live5 stock in a wilderness area designated 

6 under subparagraph (A) or (B), if estab7 lished before the date of enactment of this 

8 Act, shall be permitted to continue subject 

9 to such reasonable regulations as are con10 sidered necessary by the Secretary, in ac11 cordance with— 

12 (I) section 4(d)(4) of the Wilder13 ness Act (16 U.S.C. 1133(d)(4)); and 

14 (II) the guidelines set forth in 

15 Appendix A of the report of the Com16 mittee on Interior and Insular Affairs 

17 of the House of Representatives ac18 companying H.R. 2570 of the 101st 

19 Congress (H. Rept. 101–405). 

20 (iii) TRIBAL RIGHTS.—Nothing in this 

21 subsection alters, modifies, enlarges, di22 minishes, or abrogates the treaty rights of 

23 any Indian tribe, including the off-reserva24 tion reserved rights secured by the Treaty 


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1 with the Tribes and Bands of Middle Or2 egon of June 25, 1855 (12 Stat. 963). 

3 (3) INCORPORATION OF ACQUIRED LAND AND

4 INTERESTS.—Subject to paragraph (4), any land or 

5 interest in land that is acquired by the United 

6 States within the boundaries generally depicted on 

7 the proposed wilderness map as ‘‘Proposed Cathe8 dral Rock Wilderness’’ and ‘‘Proposed Horse Heaven 

9 Wilderness’’ shall— 

10 (A) become part of the potential wilderness 

11 area or wilderness area, as applicable; and 

12 (B) be managed in accordance with— 

13 (i) this subsection; and 

14 (ii) any other applicable laws. 

15 (4) TERMINATION OF AUTHORITY.— 

16 (A) CATHEDRAL ROCK.—If the Cathedral 

17 Rock Wilderness is not designated as wilderness 

18 in accordance with paragraph (2)(A) by the 

19 date that is 10 years after the date of enact20 ment of this Act, paragraphs (1) through (3) 

21 shall cease to be effective with respect to the 

22 Federal land described in paragraph (1)(A)(i). 

23 (B) HORSE HEAVEN.—If the Horse Heav24 en Wilderness is not designated as wilderness in 

25 accordance with paragraph (2)(A) by the date 


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1 that is 10 years after the date of enactment of 

2 this Act, paragraphs (1) through (3) shall cease 

3 to be effective with regard to the Federal land 

4 described in paragraph (1)(A)(ii). 

5 (5) WITHDRAWAL.—Subject to valid existing 

6 rights, within the boundaries generally depicted on 

7 the proposed wilderness map as ‘‘Proposed Cathe8 dral Rock Wilderness’’ and ‘‘Proposed Horse Heaven 

9 Wilderness’’, the Federal land and any land or inter10 est in land that is acquired by the United States is 

11 withdrawn from all forms of— 

12 (A) entry, appropriation, and disposal 

13 under the public land laws; 

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

15 mining laws; and 

16 (C) operation of the mineral leasing, min17 eral materials, and geothermal leasing laws. 

18 SEC. 3. WILD ROGUE WILDERNESS AREA. 

19 (a) DEFINITIONS.—In this section: 

20 (1) COMMISSION.—The term ‘‘Commission’’ 

21 means the Federal Energy Regulatory Commission. 

22 (2) MAP.—The term ‘‘map’’ means the map en23 titled ‘‘Wild Rogue Wilderness Additions’’ and dated 

24 December 8, 2011. 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

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

4 of Oregon. 

5 (5) WILDERNESS ADDITIONS.—The term ‘‘Wil6 derness additions’’ means the land added to the Wild 

7 Rogue Wilderness by subsection (b)(1). 

8 (b) EXPANSION OF WILD ROGUE WILDERNESS

9 AREA.— 

10 (1) EXPANSION.—In accordance with the Wil11 derness Act (16 U.S.C. 1131 et seq.), the approxi12 mately 60,000 acres of Bureau of Land Manage13 ment land, as generally depicted on the map, is in14 cluded in the Wild Rogue Wilderness, a component 

15 of the National Wilderness Preservation System. 

16 (2) MAP; LEGAL DESCRIPTION.— 

17 (A) IN GENERAL.—As soon as practicable 

18 after the date of enactment of this Act, the Sec19 retary shall file a map and legal description of 

20 the wilderness area designated by paragraph 

21 (1), with— 

22 (i) the Committee on Energy and 

23 Natural Resources of the Senate; and 

24 (ii) the Committee on Natural Re25 sources of the House of Representatives. 


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1 (B) FORCE OF LAW.—The map and legal 

2 description filed under subparagraph (A) shall 

3 have the same force and effect as if included in 

4 this section, except that the Secretary may cor5 rect typographical errors in the map and legal 

6 description. 

7 (C) PUBLIC AVAILABILITY.—The map and 

8 legal description filed under subparagraph (A) 

9 shall be on file and available for public inspec10 tion in the appropriate offices of the Bureau of 

11 Land Management. 

12 (3) ADMINISTRATION.—Subject to valid existing 

13 rights, the Wilderness additions shall be adminis14 tered by the Secretary in accordance with the Wil15 derness Act (16 U.S.C. 1131 et seq.), except that— 

16 (A) any reference in that Act to the effec17 tive date shall be considered to be a reference 

18 to the date of enactment of this Act; and 

19 (B) any reference in that Act to the Sec20 retary of Agriculture shall be considered to be 

21 a reference to the Secretary. 

22 (4) FISH AND WILDLIFE.—Nothing in this sub23 section affects the jurisdiction or responsibilities of 

24 the State with respect to fish and wildlife in the 

25 State. 


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1 (5) ADJACENT MANAGEMENT.— 

2 (A) IN GENERAL.—Nothing in this sub3 section creates any protective perimeter or buff4 er zone around the Wilderness additions. 

5 (B) ACTIVITIES OUTSIDE WILDERNESS.— 

6 The fact that a nonwilderness activity or use on 

7 land outside the Wilderness additions can be 

8 seen or heard within the Wilderness additions 

9 shall not preclude the activity or use outside the 

10 boundary of the Wilderness additions. 

11 (6) PROTECTION OF TRIBAL RIGHTS.—Nothing 

12 in this subsection diminishes any treaty rights of an 

13 Indian tribe. 

14 (7) WITHDRAWAL.—Subject to valid existing 

15 rights, the Wilderness additions are withdrawn from 

16 all forms of— 

17 (A) entry, appropriation, or disposal under 

18 the public land laws; 

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

20 mining laws; and 

21 (C) disposition under all laws pertaining to 

22 mineral and geothermal leasing or mineral ma23 terials. 

24 (c) WILD AND SCENIC RIVER DESIGNATIONS, ROGUE

25 RIVER AREA.— 


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1 (1) AMENDMENTS.—Section 3(a) of the Wild 

2 and Scenic Rivers Act (16 U.S.C. 1274(a)) is 

3 amended by striking paragraph (5) and inserting the 

4 following: 

5 ‘‘(5) ROGUE, OREGON.— 

6 ‘‘(A) IN GENERAL.—The segment of the 

7 river extending from the mouth of the Apple8 gate River downstream to the Lobster Creek 

9 Bridge, to be administered by the Secretary of 

10 the Interior or the Secretary of Agriculture, as 

11 agreed to by the Secretaries of the Interior and 

12 Agriculture or as directed by the President. 

13 ‘‘(B) ADDITIONS.—In addition to the seg14 ment described in subparagraph (A), there are 

15 designated the following segments in the Rogue 

16 River: 

17 ‘‘(i) KELSEY CREEK.—The approxi18 mately 4.8-mile segment of Kelsey Creek 

19 from the east section line of T. 32 S., R. 

20 9 W., sec. 34, Willamette Meridian, to the 

21 confluence with the Rogue River, as a wild 

22 river. 

23 ‘‘(ii) EAST FORK KELSEY CREEK.— 

24 The approximately 4.6-mile segment of 

25 East Fork Kelsey Creek from the Wild 


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1 Rogue Wilderness boundary in T. 33 S., R. 

2 8 W., sec. 5, Willamette Meridian, to the 

3 confluence with Kelsey Creek, as a wild 

4 river. 

5 ‘‘(iii) WHISKY CREEK.— 

6 ‘‘(I) RECREATIONAL RIVER.— 

7 The approximately 0.6-mile segment 

8 of Whisky Creek from the confluence 

9 of the East Fork and West Fork to 

10 0.1 miles downstream from road 33-8- 

11 23, as a recreational river. 

12 ‘‘(II) WILD RIVER.—The ap13 proximately 1.9-mile segment of Whis14 ky Creek from 0.1 miles downstream 

15 from road 33-8-23 to the confluence 

16 with the Rogue River, as a wild river. 

17 ‘‘(iv) EAST FORK WHISKY CREEK.— 

18 ‘‘(I) WILD RIVER.—The approxi19 mately 2.6-mile segment of East Fork 

20 Whisky Creek from the Wild Rogue 

21 Wilderness boundary in T. 33 S., R. 

22 8 W., sec. 11, Willamette Meridian., 

23 to 0.1 miles downstream of road 33- 

24 8-26 crossing, as a wild river. 


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1 ‘‘(II) RECREATIONAL RIVER.— 

2 The approximately 0.3-mile segment 

3 of East Fork Whisky Creek from 0.1 

4 miles downstream of road 33-8-26 to 

5 the confluence with Whisky Creek, as 

6 a recreational river. 

7 ‘‘(v) WEST FORK WHISKY CREEK.— 

8 The approximately 4.8-mile segment of 

9 West Fork Whisky Creek from its head10 waters to the confluence with Whisky 

11 Creek, as a wild river. 

12 ‘‘(vi) BIG WINDY CREEK.— 

13 ‘‘(I) SCENIC RIVER.—The ap14 proximately 1.5-mile segment of Big 

15 Windy Creek from its headwaters to 

16 0.1 miles downstream from road 34-9- 

17 17.1, as a scenic river. 

18 ‘‘(II) WILD RIVER.—The ap19 proximately 5.8-mile segment of Big 

20 Windy Creek from 0.1 miles down21 stream from road 34-9-17.1 to the 

22 confluence with the Rogue River, as a 

23 wild river. 

24 ‘‘(vii) EAST FORK BIG WINDY

25 CREEK.— 


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1 ‘‘(I) SCENIC RIVER.—The ap2 proximately 0.2-mile segment of East 

3 Fork Big Windy Creek from its head4 waters to 0.1 miles downstream from 

5 road 34-8-36, as a scenic river. 

6 ‘‘(II) WILD RIVER.—The ap7 proximately 3.7-mile segment of East 

8 Fork Big Windy Creek from 0.1 miles 

9 downstream from road 34-8-36 to the 

10 confluence with Big Windy Creek, as 

11 a wild river. 

12 ‘‘(viii) LITTLE WINDY CREEK.—The 

13 approximately 1.9-mile segment of Little 

14 Windy Creek from 0.1 miles downstream 

15 of road 34-8-36 to the confluence with the 

16 Rogue River, as a wild river. 

17 ‘‘(ix) HOWARD CREEK.— 

18 ‘‘(I) SCENIC RIVER.—The ap19 proximately 0.3-mile segment of How20 ard Creek from its headwaters to 0.1 

21 miles downstream of road 34-9-34, as 

22 a scenic river. 

23 ‘‘(II) WILD RIVER.—The ap24 proximately 6.9-mile segment of How25 ard Creek from 0.1 miles downstream 


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1 of road 34-9-34 to the confluence with 

2 the Rogue River, as a wild river. 

3 ‘‘(x) MULE CREEK.—The approxi4 mately 6.3-mile segment of Mule Creek 

5 from the east section line of T. 32 S., R. 

6 10 W., sec. 25, Willamette Meridian, to the 

7 confluence with the Rogue River, as a wild 

8 river. 

9 ‘‘(xi) ANNA CREEK.—The approxi10 mately 3.5-mile segment of Anna Creek 

11 from its headwaters to the confluence with 

12 Howard Creek, as a wild river. 

13 ‘‘(xii) MISSOURI CREEK.—The ap14 proximately 1.6-mile segment of Missouri 

15 Creek from the Wild Rogue Wilderness 

16 boundary in T. 33 S., R. 10 W., sec. 24, 

17 Willamette Meridian, to the confluence 

18 with the Rogue River, as a wild river. 

19 ‘‘(xiii) JENNY CREEK.—The approxi20 mately 1.8-mile segment of Jenny Creek 

21 from the Wild Rogue Wilderness boundary 

22 in T. 33 S., R. 9 W., sec.28, Willamette 

23 Meridian, to the confluence with the Rogue 

24 River, as a wild river. 


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1 ‘‘(xiv) RUM CREEK.—The approxi2 mately 2.2-mile segment of Rum Creek 

3 from the Wild Rogue Wilderness boundary 

4 in T. 34 S., R. 8 W., sec. 9, Willamette 

5 Meridian, to the confluence with the Rogue 

6 River, as a wild river. 

7 ‘‘(xv) EAST FORK RUM CREEK.—The 

8 approximately 1.3-mile segment of East 

9 Rum Creek from the Wild Rogue Wilder10 ness boundary in T. 34 S., R. 8 W., sec. 

11 10, Willamette Meridian, to the confluence 

12 with Rum Creek, as a wild river. 

13 ‘‘(xvi) WILDCAT CREEK.—The ap14 proximately 1.7-mile segment of Wildcat 

15 Creek from its headwaters downstream to 

16 the confluence with the Rogue River, as a 

17 wild river. 

18 ‘‘(xvii) MONTGOMERY CREEK.—The 

19 approximately 1.8-mile segment of Mont20 gomery Creek from its headwaters down21 stream to the confluence with the Rogue 

22 River, as a wild river. 

23 ‘‘(xviii) HEWITT CREEK.—The ap24 proximately 1.2-mile segment of Hewitt 

25 Creek from the Wild Rogue Wilderness 


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1 boundary in T. 33 S., R. 9 W., sec. 19, 

2 Willamette Meridian, to the confluence 

3 with the Rogue River, as a wild river. 

4 ‘‘(xix) BUNKER CREEK.—The approxi5 mately 6.6-mile segment of Bunker Creek 

6 from its headwaters to the confluence with 

7 the Rogue River, as a wild river. 

8 ‘‘(xx) DULOG CREEK.— 

9 ‘‘(I) SCENIC RIVER.—The ap10 proximately 0.8-mile segment of 

11 Dulog Creek from its headwaters to 

12 0.1 miles downstream of road 34-8- 

13 36, as a scenic river. 

14 ‘‘(II) WILD RIVER.—The ap15 proximately 1.0-mile segment of 

16 Dulog Creek from 0.1 miles down17 stream of road 34-8-36 to the con18 fluence with the Rogue River, as a 

19 wild river. 

20 ‘‘(xxi) QUAIL CREEK.—The approxi21 mately 1.7-mile segment of Quail Creek 

22 from the Wild Rogue Wilderness boundary 

23 in T. 33 S., R. 10 W., sec. 1, Willamette 

24 Meridian, to the confluence with the Rogue 

25 River, as a wild river. 


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1 ‘‘(xxii) MEADOW CREEK.—The ap2 proximately 4.1-mile segment of Meadow 

3 Creek from its headwaters to the con4 fluence with the Rogue River, as a wild 

5 river. 

6 ‘‘(xxiii) RUSSIAN CREEK.—The ap7 proximately 2.5-mile segment of Russian 

8 Creek from the Wild Rogue Wilderness 

9 boundary in T. 33 S., R. 8 W., sec. 20, 

10 Willamette Meridian, to the confluence 

11 with the Rogue River, as a wild river. 

12 ‘‘(xxiv) ALDER CREEK.—The approxi13 mately 1.2-mile segment of Alder Creek 

14 from its headwaters to the confluence with 

15 the Rogue River, as a wild river. 

16 ‘‘(xxv) BOOZE CREEK.—The approxi17 mately 1.5-mile segment of Booze Creek 

18 from its headwaters to the confluence with 

19 the Rogue River, as a wild river. 

20 ‘‘(xxvi) BRONCO CREEK.—The ap21 proximately 1.8-mile segment of Bronco 

22 Creek from its headwaters to the con23 fluence with the Rogue River, as a wild 

24 river. 


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1 ‘‘(xxvii) COPSEY CREEK.—The ap2 proximately 1.5-mile segment of Copsey 

3 Creek from its headwaters to the con4 fluence with the Rogue River, as a wild 

5 river. 

6 ‘‘(xxviii) CORRAL CREEK.—The ap7 proximately 0.5-mile segment of Corral 

8 Creek from its headwaters to the con9 fluence with the Rogue River, as a wild 

10 river. 

11 ‘‘(xxix) COWLEY CREEK.—The ap12 proximately 0.9-mile segment of Cowley 

13 Creek from its headwaters to the con14 fluence with the Rogue River, as a wild 

15 river. 

16 ‘‘(xxx) DITCH CREEK.—The approxi17 mately 1.8-mile segment of Ditch Creek 

18 from the Wild Rogue Wilderness boundary 

19 in T. 33 S., R. 9 W., sec. 5, Willamette 

20 Meridian, to its confluence with the Rogue 

21 River, as a wild river. 

22 ‘‘(xxxi) FRANCIS CREEK.—The ap23 proximately 0.9-mile segment of Francis 

24 Creek from its headwaters to the conVerDate Mar 15 2010 21:19 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S353.IS S353

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1 fluence with the Rogue River, as a wild 

2 river. 

3 ‘‘(xxxii) LONG GULCH.—The approxi4 mately 1.1-mile segment of Long Gulch 

5 from the Wild Rogue Wilderness boundary 

6 in T. 33 S., R. 10 W., sec. 23, Willamette 

7 Meridian, to the confluence with the Rogue 

8 River, as a wild river. 

9 ‘‘(xxxiii) BAILEY CREEK.—The ap10 proximately 1.7-mile segment of Bailey 

11 Creek from the west section line of T. 34 

12 S., R.8 W., sec.14, Willamette Meridian, to 

13 the confluence of the Rogue River, as a 

14 wild river. 

15 ‘‘(xxxiv) SHADY CREEK.—The ap16 proximately 0.7-mile segment of Shady 

17 Creek from its headwaters to the con18 fluence with the Rogue River, as a wild 

19 river. 

20 ‘‘(xxxv) SLIDE CREEK.— 

21 ‘‘(I) SCENIC RIVER.—The ap22 proximately 0.5-mile segment of Slide 

23 Creek from its headwaters to 0.1 

24 miles downstream from road 33-9-6, 

25 as a scenic river. 


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1 ‘‘(II) WILD RIVER.—The ap2 proximately 0.7-mile section of Slide 

3 Creek from 0.1 miles downstream of 

4 road 33-9-6 to the confluence with the 

5 Rogue River, as a wild river.’’. 

6 (2) MANAGEMENT.—Each river segment des7 ignated by subparagraph (B) of section 3(a)(5) of 

8 the Wild and Scenic Rivers Act (16 U.S.C. 

9 1274(a)(5)) (as added by paragraph (1)) shall be 

10 managed as part of the Rogue Wild and Scenic 

11 River. 

12 (3) WITHDRAWAL.—Subject to valid existing 

13 rights, the Federal land within the boundaries of the 

14 river segments designated under subparagraph (B) 

15 of section 3(a)(5) of the Wild and Scenic Rivers Act 

16 (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) 

17 is withdrawn from all forms of— 

18 (A) entry, appropriation, or disposal under 

19 the public land laws; 

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

21 mining laws; and 

22 (C) disposition under all laws pertaining to 

23 mineral and geothermal leasing or mineral ma24 terials. 


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1 (d) ADDITIONAL PROTECTIONS FOR ROGUE RIVER

2 TRIBUTARIES.— 

3 (1) LICENSING BY COMMISSION.—The Commis4 sion shall not license the construction of any dam, 

5 water conduit, reservoir, powerhouse, transmission 

6 line, or other project works on or directly affecting 

7 any stream described in paragraph (4). 

8 (2) OTHER AGENCIES.— 

9 (A) IN GENERAL.—No department or 

10 agency of the United States shall assist by loan, 

11 grant, license, or otherwise in the construction 

12 of any water resources project on or directly af13 fecting any stream segment that is described in 

14 paragraph (4), except to maintain or repair 

15 water resources projects in existence on the 

16 date of enactment of this Act. 

17 (B) EFFECT.—Nothing in this paragraph 

18 prohibits any department or agency of the 

19 United States in assisting by loan, grant, li20 cense, or otherwise, a water resources project— 

21 (i) the primary purpose of which is ec22 ological or aquatic restoration; and 

23 (ii) that provides a net benefit to 

24 water quality and aquatic resources. 


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1 (3) WITHDRAWAL.—Subject to valid existing 

rights, the Federal land located within a 1 2 ⁄4 mile on 

3 either side of the stream segments described in para4 graph (4), is withdrawn from all forms of— 

5 (A) entry, appropriation, or disposal under 

6 the public land laws; 

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

8 mining laws; and 

9 (C) disposition under all laws pertaining to 

10 mineral and geothermal leasing or mineral ma11 terials. 

12 (4) DESCRIPTION OF STREAM SEGMENTS.—The 

13 following are the stream segments referred to in 

14 paragraph (1): 

15 (A) KELSEY CREEK.—The approximately 

16 4.5-mile segment of Kelsey Creek from its 

17 headwaters to the east section line of T. 32 S., 

18 R. 9 W., sec. 34. 

19 (B) EAST FORK KELSEY CREEK.—The ap20 proximately 0.2-mile segment of East Fork 

21 Kelsey Creek from its headwaters to the Wild 

22 Rogue Wilderness boundary in T. 33 S., R. 8 

23 W., sec. 5. 

24 (C) EAST FORK WHISKY CREEK.—The ap25 proximately 0.9-mile segment of East Fork 


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1 Whisky Creek from its headwaters to the Wild 

2 Rogue Wilderness boundary in T. 33 S., R. 8 

3 W., sec. 11. 

4 (D) LITTLE WINDY CREEK.—The approxi5 mately 1.2-mile segment of Little Windy Creek 

6 from its headwaters to the west section line of 

7 T. 33 S., R. 9 W., sec. 34. 

8 (E) MULE CREEK.—The approximately 

9 5.1-mile segment of Mule Creek from its head10 waters to the east section line of T. 32 S., R. 

11 10 W., sec. 25. 

12 (F) MISSOURI CREEK.—The approximately 

13 3.1-mile segment of Missouri Creek from its 

14 headwaters to the Wild Rogue Wilderness 

15 boundary in T. 33 S., R. 10 W., sec. 24. 

16 (G) JENNY CREEK.—The approximately 

17 3.1-mile segment of Jenny Creek from its head18 waters to the Wild Rogue Wilderness boundary 

19 in T. 33 S., R. 9 W., sec. 28. 

20 (H) RUM CREEK.—The approximately 2.2- 

21 mile segment of Rum Creek from its head22 waters to the Wild Rogue Wilderness boundary 

23 in T. 34 S., R. 8 W., sec. 9. 

24 (I) EAST FORK RUM CREEK.—The approxi25 mately 0.8-mile segment of East Fork Rum 


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1 Creek from its headwaters to the Wild Rogue 

2 Wilderness boundary in T. 34 S., R. 8 W., sec. 

3 10. 

4 (J) HEWITT CREEK.—The approximately 

5 1.4-mile segment of Hewitt Creek from its 

6 headwaters to the Wild Rogue Wilderness 

7 boundary in T. 33 S., R. 9 W., sec. 19. 

8 (K) QUAIL CREEK.—The approximately 

9 0.8-mile segment of Quail Creek from its head10 waters to the Wild Rogue Wilderness boundary 

11 in T. 33 S., R. 10 W., sec. 1. 

12 (L) RUSSIAN CREEK.—The approximately 

13 0.1-mile segment of Russian Creek from its 

14 headwaters to the Wild Rogue Wilderness 

15 boundary in T. 33 S., R. 8 W., sec. 20. 

16 (M) DITCH CREEK.—The approximately 

17 0.7-mile segment of Ditch Creek from its head18 waters to the Wild Rogue Wilderness boundary 

19 in T. 33 S., R. 9 W., sec. 5. 

20 (N) LONG GULCH.—The approximately 

21 1.4-mile segment of Long Gulch from its head22 waters to the Wild Rogue Wilderness boundary 

23 in T. 33 S., R. 10 W., sec. 23. 

24 (O) BAILEY CREEK.—The approximately 

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1 waters to the west section line of T. 34 S., R. 

2 8 W., sec. 14. 

3 (P) QUARTZ CREEK.—The approximately 

4 3.3-mile segment of Quartz Creek from its 

5 headwaters to its confluence with the North 

6 Fork Galice Creek. 

7 (Q) NORTH FORK GALICE CREEK.—The 

8 approximately 5.7-mile segment of the North 

9 Fork Galice Creek from its headwaters to its 

10 confluence with Galice Creek. 

11 (R) GRAVE CREEK.—The approximately 

12 10.2-mile segment of Grave Creek from the 

13 confluence of Wolf Creek downstream to the 

14 confluence with the Rogue River. 

15 (S) CENTENNIAL GULCH.—The approxi16 mately 2.2-mile segment of Centennial Gulch 

17 from its headwaters to its confluence with the 

18 Rogue River. 

19 (T) GALICE CREEK.—The approximately 

20 2.2-mile segment of Galice Creek from the con21 fluence with the South Fork Galice Creek 

22 downstream to the Rogue River. 


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1 SEC. 4. DESIGNATION OF WILD AND SCENIC RIVER SEG2 MENTS, MOLALLA RIVER, OREGON. 

3 (a) IN GENERAL.—Section 3(a) of the Wild and Sce4 nic Rivers Act (16 U.S.C. 1274(a)) is amended by adding 

5 at the end the following: 

6 ‘‘(208) MOLALLA RIVER, OREGON.— 

7 ‘‘(A) IN GENERAL.—The following seg8 ments in the State of Oregon, to be adminis9 tered by the Secretary of the Interior as a rec10 reational river: 

11 ‘‘(i) MOLALLA RIVER.—The approxi12 mately 15.1-mile segment from the south13 ern boundary line of T. 7 S., R. 4 E., sec. 

14 19, downstream to the edge of the Bureau 

15 of Land Management boundary in T. 6 S., 

16 R. 3 E., sec. 7. 

17 ‘‘(ii) TABLE ROCK FORK MOLALLA

18 RIVER.—The approximately 6.2-mile seg19 ment from the easternmost Bureau of 

20 Land Management boundary line in the 

NE1 21 ⁄4 sec. 4, T. 7 S., R. 4 E., downstream 

22 to the confluence with the Molalla River. 

23 ‘‘(B) WITHDRAWAL.—Subject to valid ex24 isting rights, the Federal land within the 

25 boundaries of the river segments designated by 


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1 subparagraph (A) is withdrawn from all forms 

2 of— 

3 ‘‘(i) entry, appropriation, or disposal 

4 under the public land laws; 

5 ‘‘(ii) location, entry, and patent under 

6 the mining laws; and 

7 ‘‘(iii) disposition under all laws relat8 ing to mineral and geothermal leasing or 

9 mineral materials.’’. 

10 (b) TECHNICAL CORRECTIONS.—Section 3(a)(102) of 

11 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) 

12 is amended— 

13 (1) in the heading, by striking ‘‘SQUAW CREEK’’ 

14 and inserting ‘‘WHYCHUS CREEK’’; 

15 (2) in the matter preceding subparagraph (A), 

16 by striking ‘‘McAllister Ditch, including the Soap 

17 Fork Squaw Creek, the North Fork, the South 

18 Fork, the East and West Forks of Park Creek, and 

19 Park Creek Fork’’ and inserting ‘‘Plainview Ditch, 

20 including the Soap Creek, the North and South 

21 Forks of Whychus Creek, the East and West Forks 

22 of Park Creek, and Park Creek’’; and 

23 (3) in subparagraph (B), by striking 

24 ‘‘McAllister Ditch’’ and inserting ‘‘Plainview Ditch’’. 


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1 SEC. 5. TECHNICAL CORRECTIONS TO THE WILD AND SCE2 NIC RIVERS ACT. 

3 Section 3(a)(69) of the Wild and Scenic Rivers Act 

4 (16 U.S.C. 1274(a)(69)) is amended— 

5 (1) by redesignating subparagraphs (A), (B), 

6 and (C) as clauses (i), (ii), and (iii), respectively, 

7 and indenting appropriately; 

8 (2) in the matter preceding clause (i) (as so re9 designated), by striking ‘‘The 44.5-mile’’ and insert10 ing the following: 

11 ‘‘(A) DESIGNATIONS.—The 44.5-mile’’; 

12 (3) in clause (i) (as so redesignated)— 

13 (A) by striking ‘‘25.5-mile’’ and inserting 

14 ‘‘27.5-mile’’; and 

15 (B) by striking ‘‘Boulder Creek at the 

16 Kalmiopsis Wilderness boundary’’ and inserting 

17 ‘‘Mislatnah Creek’’; 

18 (4) in clause (ii) (as so redesignated)— 

19 (A) by striking ‘‘8’’ and inserting ‘‘7.5’’; 

20 and 

21 (B) by striking ‘‘Boulder Creek to Steel 

22 Bridge’’ and inserting ‘‘Mislatnah Creek to 

23 Eagle Creek’’; 

24 (5) in clause (iii) (as so redesignated)— 

25 (A) by striking ‘‘11’’ and inserting ‘‘9.5’’; 

26 and 


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1 (B) by striking ‘‘Steel Bridge’’ and insert2 ing ‘‘Eagle Creek’’; and 

3 (6) by adding at the end the following: 

4 ‘‘(B) WITHDRAWAL.—Subject to valid 

5 rights, the Federal land within the boundaries 

6 of the river segments designated by subpara7 graph (A), is withdrawn from all forms of— 

8 ‘‘(i) entry, appropriation, or disposal 

9 under the public land laws; 

10 ‘‘(ii) location, entry, and patent under 

11 the mining laws; and 

12 ‘‘(iii) disposition under all laws per13 taining to mineral and geothermal leasing 

14 or mineral materials.’’. 

Æ 


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