II 

Calendar No. 382 

116TH CONGRESS 

1ST SESSION S. 1262 

To designate certain land administered by the Bureau of Land Management 

and the Forest Service in the State of Oregon as wilderness and national 

recreation areas, to withdraw certain land located in Curry County and 

Josephine County, Oregon, from all forms of entry, appropriation, or 

disposal under the public land laws, location, entry, and patent under 

the mining laws, and operation under the mineral leasing and geothermal 

leasing laws, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 1, 2019 

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 

DECEMBER 18, 2019 

Reported by Ms. MURKOWSKI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To designate certain land administered by the Bureau of 

Land Management and the Forest Service in the State 

of Oregon as wilderness and national recreation areas, 

to withdraw certain land located in Curry County and 

Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operVerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1262.RS S1262

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ation under the mineral leasing and geothermal leasing 

laws, 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 Recreation En5 hancement Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) SECRETARY.—The term ‘‘Secretary’’ 

9 means— 

10 (A) the Secretary of the Interior, with re11 spect to public land administered by the Sec12 retary of the Interior; or 

13 (B) the Secretary of Agriculture, with re14 spect to National Forest System land. 

15 (2) STATE.—The term ‘‘State’’ means the State 

16 of Oregon. 

17 SEC. 3. ROGUE CANYON AND MOLALLA RECREATION 

18 AREAS, OREGON. 

19 (a) DESIGNATION OF ROGUE CANYON AND MOLALLA

20 RECREATION AREAS.—For the purposes of protecting, 

21 conserving, and enhancing the unique and nationally im22 portant recreational, ecological, scenic, cultural, water23 shed, and fish and wildlife values of the areas, the fol24 lowing areas in the State are designated as recreation 


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1 areas for management by the Secretary in accordance with 

2 subsection (c): 

3 (1) ROGUE CANYON RECREATION AREA.—The 

4 approximately 98,150 acres of Bureau of Land Man5 agement land within the boundary generally depicted 

6 as the ‘‘Rogue Canyon Recreation Area’’ on the map 

7 entitled ‘‘Rogue Canyon Recreation Area Wild 

8 Rogue Wilderness Additions’’ and dated October 10, 

9 2018 dated November 19, 2019, which is designated 

10 as the ‘‘Rogue Canyon Recreation Area’’. 

11 (2) MOLALLA RECREATION AREA.—The ap12 proximately 29,884 acres of Bureau of Land Man13 agement land within the boundary generally depicted 

14 on the map entitled ‘‘Molalla Recreation Area’’ and 

15 dated September 26, 2018, which is designated as 

16 the ‘‘Molalla Recreation Area’’. 

17 (b) MAPS AND LEGAL DESCRIPTIONS.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall prepare a map and legal description of each 

21 recreation area designated by subsection (a). 

22 (2) EFFECT.—The maps and legal descriptions 

23 prepared under paragraph (1) shall have the same 

24 force and effect as if included in this Act, except 


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1 that the Secretary may correct any minor errors in 

2 the maps and legal descriptions. 

3 (3) PUBLIC AVAILABILITY.—The maps and 

4 legal descriptions prepared under paragraph (1) 

5 shall be available for public inspection in the appro6 priate offices of the Bureau of Land Management. 

7 (c) ADMINISTRATION.— 

8 (1) APPLICABLE LAW.—The Secretary shall ad9 minister each recreation area designated by sub10 section (a)— 

11 (A) in a manner that conserves, protects, 

12 and enhances the purposes for which the recre13 ation area is established; and 

14 (B) in accordance with— 

15 (i) this section; 

16 (ii) the Federal Land Policy and Man17 agement Act of 1976 (43 U.S.C. 1701 et 

18 seq.); and 

19 (iii) other applicable laws. 

20 (2) USES.—The Secretary shall only allow those 

21 uses of a recreation area designated by subsection 

22 (a) that are consistent with the purposes for which 

23 the recreation area is established. 

24 (3) ROAD CONSTRUCTION.— 


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1 (A) IN GENERAL.—Except as the Sec2 retary determines necessary for public safety, 

3 no new permanent or temporary roads shall be 

4 constructed (other than the repair and mainte5 nance of existing roads) within a recreation 

6 area designated by subsection (a). 

7 (B) EFFECT.—Nothing in this paragraph 

8 affects the administration by the Secretary of 

9 the Molalla Forest Road in accordance with ap10 plicable resource management plans. 

11 (4) VEGETATION MANAGEMENT.—Nothing in 

12 this section prohibits the Secretary from conducting 

13 vegetation management projects (including wildfire 

14 resiliency and forest health projects) within a recre15 ation area designated by subsection (a) to the extent 

16 consistent with the purposes of the recreation area. 

17 (5) WILDFIRE MANAGEMENT.—Nothing in this 

18 section alters the authority of the Secretary (in co19 operation with other Federal, State, and local agen20 cies, as appropriate) to conduct wildland fire oper21 ations within a recreation area designated by sub22 section (a), consistent with the purposes of this Act. 

23 (6) WITHDRAWAL.—Subject to valid existing 

24 rights, all Federal surface and subsurface land withVerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1262.RS S1262

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1 in a recreation area designated by subsection (a) is 

2 withdrawn from all forms of— 

3 (A) entry, appropriation, or disposal under 

4 the public land laws; 

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

6 mining laws; and 

7 (C) disposition under all laws pertaining to 

8 mineral leasing, geothermal leasing, or mineral 

9 materials. 

10 (3) WILDFIRE RISK ASSESSMENT.—Not later 

11 than 280 days after the date of enactment of this Act, 

12 the Secretary, in consultation with the Oregon Gov13 ernor’s Council on Wildfire Response, shall conduct a 

14 wildfire risk assessment that covers— 

15 (A) the recreation areas designated by sub16 section (a); 

17 (B) the Wild Rogue Wilderness; and 

18 (C) any Federal land adjacent to an area 

19 described in subparagraph (A) or (B). 

20 (4) WILDFIRE MITIGATION PLAN.— 

21 (A) IN GENERAL.—Not later than 1 year 

22 after the date on which the wildfire risk assess23 ment is conducted under paragraph (3), the Sec24 retary shall develop a wildfire mitigation plan, 

25 based on the wildfire risk assessment, that idenVerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1262.RS S1262

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1 tifies, evaluates, and prioritizes treatments and 

2 other management activities that can be imple3 mented on the Federal land covered by the wild4 fire risk assessment (other than Federal land des5 ignated as a unit of the National Wilderness 

6 Preservation System) to mitigate wildfire risk to 

7 communities located near the applicable Federal 

8 land. 

9 (B) PLAN COMPONENTS.—The wildfire miti10 gation plan developed under subparagraph (A) 

11 shall include— 

12 (i) vegetation management projects 

13 (including mechanical treatments to reduce 

14 hazardous fuels and improve forest health 

15 and resiliency); 

16 (ii) evacuation routes for communities 

17 located near the applicable Federal land, 

18 which shall be developed in consultation 

19 with State and local fire agencies; and 

20 (iii) strategies for public dissemination 

21 of emergency evacuation plans and routes. 

22 (C) APPLICABLE LAW.—The wildfire miti23 gation plan under subparagraph (A) shall be de24 veloped in accordance with— 

25 (i) this section; and 


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1 (ii) any other applicable law. 

2 (5) ROAD CONSTRUCTION.— 

3 (A) IN GENERAL.—Except as provided in 

4 subparagraph (B) or as the Secretary determines 

5 necessary for public safety, no new permanent or 

6 temporary roads shall be constructed (other than 

7 the repair and maintenance of existing roads) 

8 within a recreation area designated by sub9 section (a). 

10 (B) TEMPORARY ROADS.—Consistent with 

11 the purposes of this Act, the Secretary may con12 struct temporary roads within a recreation area 

13 designated by subsection (a) to implement the 

14 wildfire mitigation plan developed under para15 graph (4), unless the temporary road would be 

16 within an area designated as a unit of the Na17 tional Wilderness Preservation System. 

18 (C) EFFECT.—Nothing in this paragraph 

19 affects the administration by the Secretary of the 

20 Molalla Forest Road in accordance with applica21 ble resource management plans. 

22 (6) EFFECT ON WILDFIRE MANAGEMENT.—Noth23 ing in this section alters the authority of the Sec24 retary (in cooperation with other Federal, State, and 

25 local agencies, as appropriate) to conduct wildland 


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1 fire operations within a recreation area designated by 

2 subsection (a), consistent with the purposes of this 

3 Act. 

4 (7) WITHDRAWAL.—Subject to valid existing 

5 rights, all Federal surface and subsurface land within 

6 a recreation area designated by subsection (a) is 

7 withdrawn from all forms of— 

8 (A) entry, appropriation, or disposal under 

9 the public land laws; 

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

11 mining laws; and 

12 (C) disposition under all laws pertaining to 

13 mineral leasing, geothermal leasing, or mineral 

14 materials. 

15 (8) NO EFFECT ON WILDERNESS AREAS.—Any 

16 wilderness area located within a recreation area des17 ignated by subsection (a) shall be administered in ac18 cordance with the Wilderness Act (16 U.S.C. 1131 et 

19 seq.). 

20 (d) ADJACENT MANAGEMENT.—Nothing in this sec21 tion creates any protective perimeter or buffer zone 

22 around a recreation area designated by subsection (a). 

23 SEC. 4. EXPANSION OF WILD ROGUE WILDERNESS AREA. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Rogue Canyon Recreation Area Wild Rogue 

3 Wilderness Additions’’ and dated October 10, 2018 

4 dated November 19, 2019. 

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

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

8 (b) EXPANSION OF WILD ROGUE WILDERNESS

9 AREA.— 

10 (1) EXPANSION.—The approximately 59,512 

11 acres of Federal land in the State generally depicted 

12 on the map as ‘‘Proposed Wilderness’’ shall be 

13 added to and administered as part of the Wild 

14 Rogue Wilderness in accordance with the Endan15 gered American Wilderness Act of 1978 (16 U.S.C. 

16 1132 note; Public Law 95–237), except that— 

17 (A) the Secretary of the Interior and the 

18 Secretary of Agriculture shall administer the 

19 Federal land under their respective jurisdiction; 

20 and 

21 (B) any reference in that Act to the Sec22 retary of Agriculture shall be considered to be 

23 a reference to the Secretary of Agriculture or 

24 the Secretary of the Interior, as applicable. 

25 (2) MAP; LEGAL DESCRIPTION.— 


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

2 after the date of enactment of this Act, the Sec3 retary shall prepare a map and legal description 

4 of the wilderness area designated by paragraph 

5 (1). 

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

7 description filed under subparagraph (A) shall 

8 have the same force and effect as if included in 

9 this section, except that the Secretary may cor10 rect typographical errors in the map and legal 

11 description. 

12 (C) PUBLIC AVAILABILITY.—The map and 

13 legal description filed under subparagraph (A) 

14 shall be on file and available for public inspec15 tion in the appropriate offices of the Bureau of 

16 Land Management and Forest Service. 

17 (3) FIRE, INSECTS, AND DISEASE.—The Sec18 retary may take such measures within the Wilder19 ness additions as the Secretary determines to be 

20 necessary for the control of fire, insects, and disease, 

21 in accordance with section 4(d)(1) of the Wilderness 

22 Act (16 U.S.C. 1131(d)(1) 16 U.S.C. 1133(d)(1)). 

23 (4) WITHDRAWAL.—Subject to valid existing 

24 rights, the Wilderness additions are withdrawn from 

25 all forms of— 


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1 (A) entry, appropriation, or disposal under 

2 the public land laws; 

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

4 mining laws; and 

5 (C) disposition under all laws pertaining to 

6 mineral leasing, geothermal leasing, or mineral 

7 materials. 

8 (5) TRIBAL RIGHTS.—Nothing in this sub9 section alters, modifies, enlarges, diminishes, or ab10 rogates the treaty rights of any Indian Tribe. 

11 SEC. 5. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY 

12 AND JOSEPHINE COUNTY, OREGON. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ELIGIBLE FEDERAL LAND.—The term ‘‘eli15 gible Federal land’’ means— 

16 (A) any federally owned land or interest in 

17 land depicted on the Maps as within the Hunter 

18 Creek and Pistol River Headwaters Withdrawal 

19 Proposal or the Rough and Ready and Baldface 

20 Creeks Mineral Withdrawal Proposal; or 

21 (B) any land or interest in land located 

22 within such withdrawal proposals that is ac23 quired by the Federal Government after the 

24 date of enactment of this Act. 

25 (2) MAPS.—The term ‘‘Maps’’ means— 


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1 (A) the Bureau of Land Management map 

2 entitled ‘‘Hunter Creek and Pistol River Head3 waters Withdrawal Proposal’’ and dated Janu4 ary 12, 2015; and 

5 (B) the Bureau of Land Management map 

6 entitled ‘‘Rough and Ready and Baldface 

7 Creeks Mineral Withdrawal Proposal’’ and 

8 dated January 12, 2015. 

9 (b) WITHDRAWAL.—Subject to valid existing rights, 

10 the eligible Federal land is withdrawn from all forms of— 

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

12 public land laws; 

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

14 laws; and 

15 (3) operation under the mineral leasing and 

16 geothermal leasing laws. 

17 (c) AVAILABILITY OF MAPS.—Not later than 30 days 

18 after the date of enactment of this Act, the Maps shall 

19 be made available to the public at each appropriate office 

20 of the Bureau of Land Management. 

21 (d) EXISTING USES NOT AFFECTED.—Except with 

22 respect to the withdrawal under subsection (b), nothing 

23 in this section restricts recreational uses, hunting, fishing, 

24 forest management activities, or other authorized uses alVerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1262.RS S1262

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1 lowed on the date of enactment of this Act on the eligible 

2 Federal land in accordance with applicable law. 


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Calendar No. 382 

116TH CONGRESS 

1ST SESSION S. 1262 

A BILL 

To designate certain land administered by the Buleasing laws, and for other purposes. eration under the mineral leasing and geothermal entry, and patent under the mining laws, and op- or disposal under the public land laws, location, Oregon, from all forms of entry, appropriation, located in Curry County and Josephine County, tional recreation areas, to withdraw certain land ice in the State of Oregon as wilderness and na- reau of Land Management and the Forest ServDECEMBER 18, 2019 

Reported with amendments 


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