Oregon Wildlands Act

II 116TH CONGRESS 1ST SESSION S. 86 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 and to make additional wild and scenic river designations in the State of Oregon, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 10, 2019 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources 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 and to make additional wild and scenic river designations in the State of Oregon, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Oregon Wildlands Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents of 6 this Act is as follows: 7 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 86 IS Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—RECREATION AREAS Sec. 101. Rogue Canyon and Molalla Recreation Areas, Oregon. TITLE II—ADDITIONAL WILD AND SCENIC RIVER DESIGNATIONS AND TECHNICAL CORRECTIONS Sec. 201. Additions to Rogue Wild and Scenic River. Sec. 202. Technical corrections to the Wild and Scenic Rivers Act. Sec. 203. Wild and scenic river designations, Wasson Creek and Franklin Creek, Oregon. Sec. 204. Wild and scenic river designations, Molalla River, Oregon. Sec. 205. Designation of additional wild and scenic rivers. TITLE III—WILDERNESS AREAS Sec. 301. Expansion of Wild Rogue Wilderness Area. Sec. 302. Devil’s Staircase Wilderness. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) SECRETARY.—The term ‘‘Secretary’’ 3 means— 4 (A) the Secretary of the Interior, with re- 5 spect to public land administered by the Sec- 6 retary of the Interior; or 7 (B) the Secretary of Agriculture, with re- 8 spect to National Forest System land. 9 (2) STATE.—The term ‘‘State’’ means the State 10 of Oregon. 11 TITLE I—RECREATION AREAS 12 SEC. 101. ROGUE CANYON AND MOLALLA RECREATION 13 AREAS, OREGON. 14 (a) DESIGNATION OF ROGUE CANYON AND MOLALLA 15 RECREATION AREAS.—For the purposes of protecting, 16 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 86 IS conserving, and enhancing the unique and nationally im- 1 portant recreational, ecological, scenic, cultural, water- 2 shed, and fish and wildlife values of the areas, the fol- 3 lowing areas in the State are designated as recreation 4 areas for management by the Secretary in accordance with 5 subsection (c): 6 (1) ROGUE CANYON RECREATION AREA.—The 7 approximately 98,150 acres of Bureau of Land Man- 8 agement land within the boundary generally depicted 9 as the ‘‘Rogue Canyon Recreation Area’’ on the map 10 entitled ‘‘Rogue Canyon Recreation Area Wild 11 Rogue Wilderness Additions’’ and dated October 10, 12 2018, which is designated as the ‘‘Rogue Canyon 13 Recreation Area’’. 14 (2) MOLALLA RECREATION AREA.—The ap- 15 proximately 29,884 acres of Bureau of Land Man- 16 agement land within the boundary generally depicted 17 on the map entitled ‘‘Molalla Recreation Area’’ and 18 dated September 26, 2018, which is designated as 19 the ‘‘Molalla Recreation Area’’. 20 (b) MAPS AND LEGAL DESCRIPTIONS.— 21 (1) IN GENERAL.—As soon as practicable after 22 the date of enactment of this Act, the Secretary 23 shall a prepare a map and legal description of each 24 recreation area designated by subsection (a). 25 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 86 IS (2) EFFECT.—The maps and legal descriptions 1 prepared under paragraph (1) shall have the same 2 force and effect as if included in this Act, except 3 that the Secretary may correct any minor errors in 4 the maps and legal descriptions. 5 (3) PUBLIC AVAILABILITY.—The maps and 6 legal descriptions prepared under paragraph (1) 7 shall be available for public inspection in the appro- 8 priate offices of the Bureau of Land Management. 9 (c) ADMINISTRATION.— 10 (1) APPLICABLE LAW.—The Secretary shall ad- 11 minister each recreation area designated by sub- 12 section (a)— 13 (A) in a manner that conserves, protects, 14 and enhances the purposes for which the recre- 15 ation area is established; and 16 (B) in accordance with— 17 (i) this section; 18 (ii) the Federal Land Policy and Man- 19 agement Act of 1976 (43 U.S.C. 1701 et 20 seq.); and 21 (iii) other applicable laws. 22 (2) USES.—The Secretary shall only allow those 23 uses of a recreation area designated by subsection 24 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 86 IS (a) that are consistent with the purposes for which 1 the recreation area is established. 2 (3) ROAD CONSTRUCTION.— 3 (A) IN GENERAL.—Except as the Sec- 4 retary determines necessary for public safety, 5 no new permanent or temporary roads shall be 6 constructed (other than the repair and mainte- 7 nance of existing roads) within a recreation 8 area designated by subsection (a). 9 (B) EFFECT.—Nothing in this paragraph 10 affects the administration by the Secretary of 11 the Molalla Forest Road in accordance with ap- 12 plicable resource management plans. 13 (4) VEGETATION MANAGEMENT.—Nothing in 14 this section prohibits the Secretary from conducting 15 vegetation management projects within a recreation 16 area designated by subsection (a) to the extent con- 17 sistent with the purposes of the recreation area. 18 (5) WITHDRAWAL.—Subject to valid existing 19 rights, all Federal surface and subsurface land with- 20 in a recreation area designated by subsection (a) is 21 withdrawn from all forms of— 22 (A) entry, appropriation, or disposal under 23 the public land laws; 24 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 86 IS (B) location, entry, and patent under the 1 mining laws; and 2 (C) laws pertaining to mineral and geo- 3 thermal leasing and mineral materials. 4 (d) ADJACENT MANAGEMENT.—Nothing in this sec- 5 tion creates any protective perimeter or buffer zone 6 around a recreation area designated by subsection (a). 7 TITLE II—ADDITIONAL WILD 8 AND SCENIC RIVER DESIGNA- 9 TIONS AND TECHNICAL COR- 10 RECTIONS 11 SEC. 201. ADDITIONS TO ROGUE WILD AND SCENIC RIVER. 12 (a) IN GENERAL.—Section 3(a) of the Wild and Sce- 13 nic Rivers Act (16 U.S.C. 1274(a)) is amended by striking 14 paragraph (5) and inserting the following: 15 ‘‘(5) ROGUE, OREGON.— 16 ‘‘(A) IN GENERAL.—The segment of the 17 river extending from the mouth of the Apple- 18 gate River downstream to the Lobster Creek 19 Bridge, to be administered by the Secretary of 20 the Interior or the Secretary of Agriculture, as 21 agreed to by the Secretaries of the Interior and 22 Agriculture or as directed by the President. 23 ‘‘(B) ADDITIONS.—In addition to the seg- 24 ment described in subparagraph (A), there are 25 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 86 IS designated the following segments in the Rogue 1 River: 2 ‘‘(i) KELSEY CREEK.—The approxi- 3 mately 6.8-mile segment of Kelsey Creek 4 from the Wild Rogue Wilderness boundary 5 in T. 32 S., R. 9 W., sec. 25, Willamette 6 Meridian, to the confluence with the Rogue 7 River, as a wild river. 8 ‘‘(ii) EAST FORK KELSEY CREEK.— 9 ‘‘(I) SCENIC RIVER.—The ap- 10 proximately 0.2-mile segment of East 11 Fork Kelsey Creek from headwaters 12 downstream to the Wild Rogue Wil- 13 derness boundary in T. 33 S., R. 8 14 W., sec. 5, Willamette Meridian, as a 15 scenic river. 16 ‘‘(II) WILD RIVER.—The ap- 17 proximately 4.6-mile segment of East 18 Fork Kelsey Creek from the Wild 19 Rogue Wilderness boundary in T. 33 20 S., R. 8 W., sec. 5, Willamette Merid- 21 ian, to the confluence with Kelsey 22 Creek, as a wild river. 23 ‘‘(iii) WHISKY CREEK.— 24 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 86 IS ‘‘(I) RECREATIONAL RIVER.— 1 The approximately 1.6-mile segment 2 of Whisky Creek from the confluence 3 of the East Fork and West Fork to 4 the south boundary of the non-Fed- 5 eral land in T. 33 S., R. 8 W., sec. 6 17, Willamette Meridian, as a rec- 7 reational river. 8 ‘‘(II) WILD RIVER.—The ap- 9 proximately 1.2-mile segment of Whis- 10 ky Creek from road 33-8-23 to the 11 confluence with the Rogue River, as a 12 wild river. 13 ‘‘(iv) EAST FORK WHISKY CREEK.— 14 ‘‘(I) SCENIC RIVER.—The ap- 15 proximately 0.9-mile segment of East 16 Fork Whisky Creek from its head- 17 waters to Wild Rogue Wilderness 18 boundary in T. 33 S., R. 8 W., sec. 19 11, Willamette Meridian, as a scenic 20 river. 21 ‘‘(II) WILD RIVER.—The ap- 22 proximately 2.6-mile segment of East 23 Fork Whisky Creek from the Wild 24 Rogue Wilderness boundary in T. 33 25 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 86 IS S., R. 8 W., sec. 11, Willamette Me- 1 ridian, downstream to road 33-8-26 2 crossing, as a wild river. 3 ‘‘(III) RECREATIONAL RIVER.— 4 The approximately 0.3-mile segment 5 of East Fork Whisky Creek from road 6 33-8-26 to the confluence with Whis- 7 ky Creek, as a recreational river. 8 ‘‘(v) WEST FORK WHISKY CREEK.— 9 The approximately 4.8-mile segment of 10 West Fork Whisky Creek from its head- 11 waters to the confluence with the East 12 Fork Whisky Creek, as a wild river. 13 ‘‘(vi) BIG WINDY CREEK.— 14 ‘‘(I) SCENIC RIVER.—The ap- 15 proximately 1.5-mile segment of Big 16 Windy Creek from its headwaters to 17 road 34-9-17.1, as a scenic river. 18 ‘‘(II) WILD RIVER.—The ap- 19 proximately 5.8-mile segment of Big 20 Windy Creek from road 34-9-17.1 to 21 the confluence with the Rogue River, 22 as a wild river. 23 ‘‘(vii) EAST FORK BIG WINDY 24 CREEK.— 25 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 86 IS ‘‘(I) SCENIC RIVER.—The ap- 1 proximately 0.2-mile segment of East 2 Fork Big Windy Creek from its head- 3 waters to road 34-8-36, as a scenic 4 river. 5 ‘‘(II) WILD RIVER.—The ap- 6 proximately 3.7-mile segment of East 7 Fork Big Windy Creek from road 34- 8 8-36 to the confluence with Big 9 Windy Creek, as a wild river. 10 ‘‘(viii) LITTLE WINDY CREEK.— 11 ‘‘(I) SCENIC RIVER.—The ap- 12 proximately 1.2-mile segment of Little 13 Windy Creek from its headwaters to 14 the Wild Rogue Wilderness boundary 15 in T. 33 S., R. 9 W., sec. 33, Willam- 16 ette Meridian, as a scenic river. 17 ‘‘(II) WILD RIVER.—The ap- 18 proximately 1.9-mile segment of Little 19 Windy Creek from the Wild Rogue 20 Wilderness boundary in T. 33 S., R. 21 9 W., sec. 34, Willamette Meridian, to 22 the confluence with the Rogue River, 23 as a wild river. 24 ‘‘(ix) HOWARD CREEK.— 25 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 86 IS ‘‘(I) SCENIC RIVER.—The ap- 1 proximately 3.5-mile segment of How- 2 ard Creek from its headwaters to road 3 34-9-34, as a scenic river. 4 ‘‘(II) WILD RIVER.—The ap- 5 proximately 6.9-mile segment of How- 6 ard Creek from 0.1 miles downstream 7 of road 34-9-34 to the confluence with 8 the Rogue River, as a wild river. 9 ‘‘(III) WILD RIVER.—The ap- 10 proximately 3.5-mile segment of Anna 11 Creek from its headwaters to the con- 12 fluence with Howard Creek, as a wild 13 river. 14 ‘‘(x) MULE CREEK.— 15 ‘‘(I) SCENIC RIVER.—The ap- 16 proximately 3.5-mile segment of Mule 17 Creek from its headwaters down- 18 stream to the Wild Rogue Wilderness 19 boundary as a scenic river. 20 ‘‘(II) WILD RIVER.—The ap- 21 proximately 7.8-mile segment of Mule 22 Creek from the Wild Rogue Wilder- 23 ness boundary in T. 32 S., R. 9 W., 24 sec. 29, Willamette Meridian, to the 25 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 86 IS confluence with the Rogue River, as a 1 wild river. 2 ‘‘(xi) MISSOURI CREEK.— 3 ‘‘(I) SCENIC RIVER.—The ap- 4 proximately 3.1-mile segment of Mis- 5 souri Creek from its headwaters 6 downstream to the Wild Rogue Wil- 7 derness boundary in T. 33 S., R. 10 8 W., sec. 24, Willamette Meridian, as a 9 scenic river. 10 ‘‘(II) WILD RIVER.—The ap- 11 proximately 1.6-mile segment of Mis- 12 souri Creek from the Wild Rogue Wil- 13 derness boundary in T. 33 S., R. 10 14 W., sec. 24, Willamette Meridian, to 15 the confluence with the Rogue River, 16 as a wild river. 17 ‘‘(xii) JENNY CREEK.— 18 ‘‘(I) SCENIC RIVER.—The ap- 19 proximately 3.1-mile segment of 20 Jenny Creek from its headwaters 21 downstream to the Wild Rogue Wil- 22 derness boundary in T. 33 S., R. 9 23 W., sec. 28, Willamette Meridian, as a 24 scenic river. 25 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 86 IS ‘‘(II) WILD RIVER.—The ap- 1 proximately 1.8-mile segment of 2 Jenny Creek from the Wild Rogue 3 Wilderness boundary in T. 33 S., R. 4 9 W., sec. 28, Willamette Meridian, to 5 the confluence with the Rogue River, 6 as a wild river. 7 ‘‘(xiii) RUM CREEK.— 8 ‘‘(I) SCENIC RIVER.—The ap- 9 proximately 2.2-mile segment of Rum 10 Creek from its headwaters to the Wild 11 Rogue Wilderness boundary in T. 34 12 S., R. 8 W., sec. 9, Willamette Merid- 13 ian, as a scenic river. 14 ‘‘(II) WILD RIVER.—The ap- 15 proximately 2.2-mile segment of Rum 16 Creek from the Wild Rogue Wilder- 17 ness boundary in T. 34 S., R. 8 W., 18 sec. 9, Willamette Meridian, to the 19 confluence with the Rogue River, as a 20 wild river. 21 ‘‘(xiv) EAST FORK RUM CREEK.— 22 ‘‘(I) SCENIC RIVER.—The ap- 23 proximately 0.8-mile segment of East 24 Fork Rum Creek from its headwaters 25 VerDate Sep 11 2014 21:46 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86 pamtmann on DSKBFK8HB2PROD with BILLS 14 •S 86 IS to t [Text truncated for display. 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