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II
113th CONGRESS
1st Session
S. 352
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 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 rivers, and for other
purposes.
1.
Short title
This Act may be cited as the
Devil’s Staircase Wilderness Act of
2013.
2.
Definitions
In this Act:
(1)
Map
The
term map means the map entitled Devil’s Staircase Wilderness
Proposal and dated June 15, 2010.
(2)
Secretary
The
term Secretary means—
(A) with respect to
land under the jurisdiction of the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to
land under the jurisdiction of the Secretary of the Interior, the Secretary of
the Interior.
(3)
State
The
term State means the State of Oregon.
(4)
Wilderness
The
term Wilderness means the Devil’s Staircase Wilderness designated
by section 3(a).
3.
Devil’s
staircase wilderness, Oregon
(a)
Designation
In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
30,540 acres of Forest Service land and Bureau of Land Management land in the
State, as generally depicted on the map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to be known as the
Devil’s Staircase Wilderness.
(b)
Map; legal
description
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall prepare a map and legal description of the
Wilderness.
(2)
Force of
law
The map and legal description prepared under paragraph (1)
shall have the same force and effect as if included in this Act, except that
the Secretary may correct clerical and typographical errors in the map and
legal description.
(3)
Availability
The
map and legal description prepared under paragraph (1) shall be on file and
available for public inspection in the appropriate offices of the Forest
Service and 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
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that—
(1) any reference in
that Act to the effective date shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in
that Act to the Secretary of Agriculture shall be considered to be a reference
to the Secretary that has jurisdiction over the land within the
Wilderness.
(d)
Fish and
Wildlife
Nothing in this section affects the jurisdiction or
responsibilities of the State with respect to fish and wildlife in the
State.
(e)
Adjacent
management
(1)
In
general
Nothing in this section creates any protective perimeter
or buffer zone around the Wilderness.
(2)
Activities
outside wilderness
The fact that a nonwilderness activity or use
on land outside the Wilderness can be seen or heard within the Wilderness shall
not preclude the activity or use outside the boundary of the Wilderness.
(f)
Protection of
Tribal Rights
Nothing in this section diminishes any treaty
rights of an Indian tribe.
(g)
Transfer of
administrative jurisdiction
(1)
In
general
Administrative jurisdiction over the approximately 49
acres of Bureau of Land Management land north of the Umpqua River in sec. 32,
T. 21 S., R. 11 W, is transferred from the Bureau of Land Management to the
Forest Service.
(2)
Administration
The
Secretary shall administer the land transferred by paragraph (1) in accordance
with—
(A) the Act of March
1, 1911 (commonly known as the Weeks Law) (16 U.S.C. 480 et seq.);
and
(B) any laws
(including regulations) applicable to the National Forest System.
4.
Wild and Scenic
River designations, Wasson Creek and Franklin Creek, Oregon
Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
(208)
Franklin
Creek, Oregon
The 4.5-mile segment from its headwaters to the
line of angle points within sec. 8, T. 22 S., R. 10 W., shown on the survey
recorded in the Official Records of Douglas County, Oregon, as M64–62, to be
administered by the Secretary of Agriculture as a wild river.
(209)
Wasson Creek,
Oregon
The 10.1-mile segment in the following classes:
(A) The 4.2-mile
segment from the eastern boundary of sec. 17, T. 21 S., R. 9 W., downstream to
the western boundary of sec. 12, T. 21 S., R. 10 W., to be administered by the
Secretary of the Interior as a wild river.
(B) The 5.9-mile
segment from the western boundary of sec. 12, T. 21 S., R. 10 W., downstream to
the eastern boundary of the northwest quarter of sec. 22, T. 21 S., R. 10 W.,
to be administered by the Secretary of Agriculture as a wild
river.
.