S. 766 (112th): Devil’s Staircase Wilderness Act of 2011

112th Congress, 2011–2013. Text as of Apr 07, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

II

112th CONGRESS

1st Session

S. 766

IN THE SENATE OF THE UNITED STATES

April 7 (legislative day, April 5), 2011

(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 2011.

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.

.