H.R. 3436House112th Congress (2011-2013)In Committee

To expand the Wild Rogue Wilderness Area in the State of Oregon, to make additional wild and scenic river designations in the Rogue River area, and to provide additional protections for Rogue River tributaries, and for other purposes.

Introduced November 16, 2011

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March 8, 2012

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Introduced in House

November 16, 2011

HouseIntro Referral

Referred to the House Committee on Natural Resources.

November 16, 2011

HouseCommittee

Referred to the Subcommittee on National Parks, Forests and Public Lands.

November 29, 2011

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Subcommittee Hearings Held.

March 8, 2012

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Introduced in HouseIssued November 16, 2011

I

112th CONGRESS

1st Session

H. R. 3436

IN THE HOUSE OF REPRESENTATIVES

November 16, 2011

Mr. DeFazio (for himself, Mr. Schrader, and Mr. Blumenauer) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To expand the Wild Rogue Wilderness Area in the State of Oregon, to make additional wild and scenic river designations in the Rogue River area, and to provide additional protections for Rogue River tributaries, and for other purposes.

1.

Expansion of Wild Rogue Wilderness Area

(a)

Expansion

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land managed by the Bureau of Land Management, comprising approximately 58,100 acres, as generally depicted on the map entitled Wild Rogue, dated September 16, 2010, are hereby included in the Wild Rogue Wilderness, a component of the National Wilderness Preservation System.

(b)

Maps and legal descriptions

(1)

In general

As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a map and a legal description of the wilderness area designated by this section, with—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(2)

Force of law

The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions.

(3)

Public availability

Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(c)

Administration

Subject to valid existing rights, the area designated as wilderness by this section shall be administered by the Secretary of the Interior in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).

(d)

Withdrawal

Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of—

(1)

entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

2.

Wild and scenic river designations, Rogue River area

(a)

Amendments

Section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (relating to the Rogue River, Oregon) is amended by adding at the end the following:

In addition to the segment described in the previous sentence, the following segments in the Rogue River area are designated:

(A)

Kelsey creek

The approximately 4.8 miles of Kelsey Creek from east section line of T32S, R9W, sec. 34, W.M. to the confluence with the Rogue River as a wild river.

(B)

East fork kelsey creek

The approximately 4.6 miles of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T33S, R8W, sec. 5, W.M. to the confluence with Kelsey Creek as a wild river.

(C)

Whisky creek

(i)

The approximately 0.6 miles of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23 as a recreational river.

(ii)

The approximately 1.9 miles of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River as a wild river.

(D)

East fork whisky creek

(i)

The approximately 2.8 miles of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T33S, R8W, sec. 11, W.M. to 0.1 miles downstream of road 33-8-26 crossing as a wild river.

(ii)

The approximately .3 miles of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek as a recreational river.

(E)

West fork whisky creek

The approximately 4.8 miles of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek as a wild river.

(F)

Big windy creek

(i)

The approximately 1.5 miles of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1 as a scenic river.

(ii)

The approximately 5.8 miles of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River as a wild river.

(G)

East fork big windy creek

(i)

The approximately 0.2 miles of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36 as a scenic river.

(ii)

The approximately 3.7 miles of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek as a wild river.

(H)

Little windy creek

The approximately 1.9 miles of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River as a wild river.

(I)

Howard creek

(i)

The approximately 0.3 miles of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34 as a scenic river.

(ii)

The approximately 6.9 miles of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River as a wild river.

(J)

Mule creek

The approximately 6.3 miles of Mule Creek from east section line of T32S, R10W, sec. 25, W.M to the confluence with the Rogue River as a wild river.

(K)

Anna creek

The approximately 3.5-mile section of Anna Creek from its headwaters to the confluence with Howard Creek as a wild river.

(L)

Missouri creek

The approximately 1.6 miles of Missouri Creek from the Wild Rogue Wilderness boundary in T33S, R10W, sec. 24, W.M. to the confluence with the Rogue River as a wild river.

(M)

Jenny creek

The approximately 1.8 miles of Jenny Creek from the Wild Rogue Wilderness boundary in T33S, R9W, sec.28, W.M. to the confluence with the Rogue River as a wild river.

(N)

Rum creek

The approximately 2.2 miles of Rum Creek from the Wild Rogue Wilderness boundary in T34S, R8W, sec. 9, W.M. to the confluence with the Rogue River as a wild river.

(O)

East fork rum creek

The approximately 1.5 miles of East Rum Creek from the Wild Rogue Wilderness boundary in T34S, R8W, sec. 10, W.M. to the confluence with Rum Creek as a wild river.

(P)

Wildcat creek

The approximately 1.7-mile section of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River as a wild river.

(Q)

Montgomery creek

The approximately 1.8-mile section of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River as a wild river.

(R)

Hewitt creek

The approximately 1.2 miles of Hewitt Creek from the Wild Rogue Wilderness boundary in T33S, R9W, sec. 19, W.M. to the confluence with the Rogue River as a wild river.

(S)

Bunker creek

The approximately 6.6 miles of Bunker Creek from its headwaters to the confluence with the Rogue River as a wild river.

(T)

Dulog creek

(i)

The approximately 0.8 miles of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36 as a scenic river.

(ii)

The approximately 1.0 miles of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River as a wild river.

(U)

Quail creek

The approximately 1.7 miles of Quail Creek from the Wild Rogue Wilderness boundary in T33S, R10W, sec. 1, W.M. to the confluence with the Rogue River as a wild river.

(V)

Meadow creek

The approximately 4.1 miles of Meadow Creek from its headwaters to the confluence with the Rogue River as a wild river.

(W)

Russian creek

The approximately 2.5 miles of Russian Creek from the Wild Rogue Wilderness boundary in T33S, R8W, sec. 20, W.M. to the confluence with the Rogue River as a wild river.

(X)

Alder creek

The approximately 1.2 miles of Alder Creek from its headwaters to the confluence with the Rogue River as a wild river.

(Y)

Booze creek

The approximately 1.5 miles of Booze Creek from its headwaters to the confluence with the Rogue River as a wild river.

(Z)

Bronco creek

The approximately 1.8 miles of Bronco Creek from its headwaters to the confluence with the Rogue River as a wild river.

(AA)

Copsey creek

The approximately 1.5 miles of Copsey Creek from its headwaters to the confluence with the Rogue River as a wild river.

(BB)

Corral creek

The approximately 0.5 miles of Corral Creek from its headwaters to the confluence with the Rogue River as a wild river.

(CC)

Cowley creek

The approximately 0.9 miles of Cowley Creek from its headwaters to the confluence with the Rogue River as a wild river.

(DD)

Ditch creek

The approximately 1.8 miles of Ditch Creek from the Wild Rogue Wilderness boundary in T33S, R9W, sec. 5, W.M. to its confluence with the Rogue River as a wild river.

(EE)

Francis creek

The approximately 0.9 miles of Francis Creek from its headwaters to the confluence with the Rogue River as a wild river.

(FF)

Long gulch

The approximately 1.1 miles of Long Gulch from the Wild Rogue Wilderness boundary in T33S, R10W, sec. 23, W.M. to the confluence with the Rogue River as a wild river.

(GG)

Bailey creek

The approximately 1.7 miles of Bailey Creek from the west section line of T34S, R8W, sec.14, W.M. to the confluence of the Rogue River as a wild river.

(HH)

Shady creek

The approximately 0.7 miles of Shady Creek from its headwaters to the confluence with the Rogue River as a wild river.

(II)

Slide creek

(i)

The approximately 0.5-mile section of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6 as a scenic river.

(ii)

The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River as a wild river.

.

(b)

Management

All wild, scenic, and recreation classified segments designated by the amendment made by subsection (a) shall be managed as part of the Rogue Wild and Scenic River.

(c)

Withdrawal

Subject to valid rights, the Federal land within the boundaries of the river segments designated by the amendment made by subsection (a) is withdrawn from all forms of—

(1)

entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

3.

Additional protections for Rogue River tributaries

(a)

Protections

The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream which is listed in this section, and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream which is listed in this section of this Act, except to maintain or repair water resources projects that exist on the date of enactment of this Act. Nothing in this section shall prohibit any department or agency of the United States in assisting by loan, grant, license, or otherwise, water resources projects whose primary purpose is ecological or aquatic restoration and which provide a net benefit to water quality and aquatic resources.

(b)

Withdrawal

Subject to valid rights, the Federal land within a quarter-mile on each side of the streams listed in this section, is withdrawn from all forms of—

(1)

entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(c)

Stream segments

(1)

Kelsey creek

The approximately 4.5 miles of Kelsey Creek from its headwaters to the east section line of 32S 9W sec. 34.

(2)

East fork kelsey creek

The approximately .2 miles of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 8W sec. 5.

(3)

East fork whisky creek

The approximately .7 miles of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 8W section 11.

(4)

Little windy creek

The approximately 1.2 miles of Little Windy Creek from its headwaters to west section line of 33S 9W sec. 34.

(5)

Mule creek

The approximately 5.1 miles of Mule Creek from its headwaters to east section line of 32S 10W sec. 25.

(6)

Missouri creek

The approximately 3.1 miles of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 10W sec. 24.

(7)

Jenny creek

The approximately 3.1 miles of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 9W sec. 28.

(8)

Rum creek

The approximately 2.2 miles of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in 34S 8W sec. 9.

(9)

East fork rum creek

The approximately .5 miles of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in 34S 8W sec. 10.

(10)

Hewitt creek

The approximately 1.4 miles of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 9W sec. 19.

(11)

Quail creek

The approximately .8 miles of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 10W sec. 1.

(12)

Russian creek

The approximately .1 miles of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 8W sec. 20.

(13)

Ditch creek

The approximately .7 miles of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 9W sec. 5.

(14)

Long gulch

The approximately 1.4 miles of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in 33S 10W sec. 23.

(15)

Bailey creek

The approximately 1.4 miles of Bailey Creek from its headwaters to west section line of 34S 8W sec. 14.

(16)

Quartz creek

The approximately 3.3 miles of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek.

(17)

North fork galice creek

The approximately 5.7 miles of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek.

(18)

Grave creek

The approximately 10.2 mile section of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River.

(19)

Centennial gulch

The approximately 2.2 miles of Centennial Gulch from its headwaters to its confluence with the Rogue River.