IB 

Union Calendar No. 195 

111TH CONGRESS 

1ST SESSION H. R. 2888 

[Report No. 111–337] 

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 or recreation rivers, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2009 

Mr. DEFAZIO (for himself, Mr. BLUMENAUER, Mr. WU, and Mr. SCHRADER) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

NOVEMBER 16, 2009 

Additional sponsors: Mr. JACKSON of Illinois, Mr. QUIGLEY, and Mr. 

DOGGETT

NOVEMBER 16, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 16, 2009] 


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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 or recreation rivers, and for other purposes. 


hsrobinson on DSK69SOYB1PROD with BILLS
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•HR 2888 RH

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 Wilder5 ness Act of 2009’’. 

6 SEC. 2. DESIGNATION OF WILDERNESS AREA, DEVIL’S 

7 STAIRCASE WILDERNESS, OREGON. 

8 (a) DESIGNATION.—In furtherance of the purposes of 

9 the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal 

10 land in the State of Oregon administered by the Forest 

11 Service and the Bureau of Land Management, comprising 

12 approximately 30,520 acres, as generally depicted on the 

13 map titled ‘‘Devil’s Staircase Wilderness Proposal’’, dated 

14 October 26, 2009, are designated as a wilderness area for 

15 inclusion in the National Wilderness Preservation System 

16 and to be known as the ‘‘Devil’s Staircase Wilderness’’. 

17 (b) MAP AND LEGAL DESCRIPTION.—As soon as prac18 ticable after the date of the enactment of this Act, the Sec19 retary shall file with the Committee on Natural Resources 

20 of the House of Representatives and the Committee on En21 ergy and Natural Resources of the Senate a map and legal 

22 description of wilderness area designated by subsection (a). 

23 The map and legal description shall have the same force 

24 and effect as if included in this Act, except that the Sec25 retary may correct clerical and typographical errors in the 


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1 map and description. In the case of any discrepancy be2 tween the acreage specified in subsection (a) and the map, 

3 the map shall control. The map and legal description shall 

4 be on file and available for public inspection in the Office 

5 of the Chief of the Forest Service. 

6 SEC. 3. ADMINISTRATION. 

7 (a) IN GENERAL.—Subject to valid existing rights, the 

8 Devil’s Staircase Wilderness Area shall be administered by 

9 the Secretaries of Agriculture and the Interior, in accord10 ance with the Wilderness Act and the Oregon Wilderness 

11 Act of 1984, except that, with respect to the wilderness area, 

12 any reference in the Wilderness Act to the effective date of 

13 that Act shall be deemed to be a reference to the date of 

14 the enactment of this Act. 

15 (b) FOREST SERVICE ROADS.—As provided in section 

16 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the 

17 Secretary of Agriculture shall— 

18 (1) decommission any National Forest System 

19 road within the wilderness boundaries; and 

20 (2) convert Forest Service Road 4100 within the 

21 wilderness boundary to a trail for primitive rec22 reational use. 


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1 SEC. 4. INCORPORATION OF ACQUIRED LAND AND INTER2 ESTS. 

3 Any land within the boundary of the wilderness area 

4 designated by this Act that is acquired by the United States 

5 shall— 

6 (1) become part of the Devil’s Staircase Wilder7 ness Area; and 

8 (2) be managed in accordance with this Act and 

9 any other applicable law. 

10 SEC. 5. FISH AND WILDLIFE. 

11 Nothing in this Act shall be construed as affecting the 

12 jurisdiction or responsibilities of the State of Oregon with 

13 respect to wildlife and fish in the national forests. 

14 SEC. 6. BUFFER ZONES. 

15 (a) IN GENERAL.—As provided in the Oregon Wilder16 ness Act of 1984 (16 U.S.C. 1132 note; Public Law 98– 

17 328), Congress does not intend for designation of the wilder18 ness area under this Act to lead to the creation of protective 

19 perimeters or buffer zones around the wilderness area. 

20 (b) ACTIVITIES OR USES UP TO BOUNDARIES.—The 

21 fact that nonwilderness activities or uses can be seen or 

22 heard from within a wilderness area shall not, of itself, pre23 clude the activities or uses up to the boundary of the wilder24 ness area. 


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1 SEC. 7. WITHDRAWAL. 

2 Subject to valid rights in existence on the date of enact3 ment of this Act, the Federal land designated as wilderness 

4 area by this Act is withdrawn from all forms of— 

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

6 public land laws; 

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

8 laws; and 

9 (3) disposition under all laws pertaining to min10 eral and geothermal leasing or mineral materials. 

11 SEC. 8. PROTECTION OF TRIBAL RIGHTS. 

12 Nothing in this Act shall be construed to diminish— 

13 (1) the existing rights of any Indian tribe; or 

14 (2) tribal rights regarding access to Federal 

15 lands for tribal activities, including spiritual, cul16 tural, and traditional food gathering activities. 

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

18 CREEK AND FRANKLIN CREEK, OREGON. 

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

20 U.S.C. 1274(a)) is amended by inserting the following 

21 paragraphs: 

22 ‘‘(ll) FRANKLIN CREEK, OREGON.—The 4.5- 

23 mile segment from the headwaters to the private land 

24 boundary in section 8 to be administered by the Sec25 retary of Agriculture as a wild river. 

26 ‘‘(ll) WASSON CREEK, OREGON.— 


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1 ‘‘(A) The 4.2-mile segment from the eastern 

2 edge of section 17 downstream to the boundary 

3 of sections 11 and 12 to be administered by the 

4 Secretary of Interior as a wild river. 

5 ‘‘(B) The 5.9-mile segment downstream 

6 from the boundary of sections 11 and 12 to the 

7 private land boundary in section 22 to be ad8 ministered by the Secretary of Agriculture as a 

9 wild river.’’. 


hsrobinson on DSK69SOYB1PROD with BILLS
Union Calendar No. 195 

111TH CONGRESS 

1ST SESSION H. R. 2888 

[Report No. 111–337] 

A BILL 

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

NOVEMBER 16, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


hsrobinson on DSK69SOYB1PROD with BILLS