Sec. 301. Wild Rogue Wilderness Area

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In this section: The term Commission means the Federal Energy Regulatory Commission. The term map means the map entitled Wild Rogue Wilderness Additions and dated June 12, 2013. The term Secretary means— the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or the Secretary of Agriculture, with respect to National Forest System land. The term Wilderness additions means the land added to the Wild Rogue Wilderness under subsection (b)(1).

The approximately 56,100 acres of Federal land in the State of Oregon generally depicted on the map as BLM Proposed Wilderness and Proposed USFS Wilderness shall be added to and administered as part of the Wild Rogue Wilderness in accordance with Public Law 95–237 ( 16 U.S.C. 1132 note; 92 Stat. 43), except that— the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable.

As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by paragraph (1). The map and legal description filed under subparagraph

(A)shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. The map and legal description filed under subparagraph

(A)shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service. Section 3(b) of the Endangered American Wilderness Act of 1978 ( 16 U.S.C. 1132 note; Public Law 95–237; 92 Stat. 43) is amended by striking 3(a)(5) and inserting 3(a)(5)(A) . Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe. Subject to paragraph

(3)and in furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public land in the State of Oregon administered by the Secretary of the Interior, compromising approximately 600 acres, as generally depicted on the map as Potential Wilderness , shall be added to and administered as part of the Wild Rogue Wilderness. Subject to valid existing rights, the Secretary shall manage the land described in paragraph

(1)to protect its suitability for designation as wilderness until the date on which the land is designated as wilderness in accordance with paragraph (3). The land described in paragraph

(1)shall be designated as wilderness and added to and administered as part of the Wild Rogue Wilderness on the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) have been removed. On designation as wilderness under paragraph (1), the land described in that paragraph shall be administered in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and Public Law 95–237 ( 16 U.S.C. 1132 note; 92 Stat. 40). Subject to valid existing rights, the land described in paragraph

(1)is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. The Secretary shall manage the Federal land described in paragraph

(2)in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use. The Federal land referred to in paragraph

(1)is the approximately 4,000 acres generally depicted on the map as Withdrawal Area . As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the land described in paragraph (2). The map and legal description filed under subparagraph

(A)shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes described in paragraph (1). The following shall be prohibited on the Federal land described in paragraph (2): Permanent roads. Commercial enterprises. Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety— the use of motor vehicles; or the establishment of temporary roads. Subject to valid existing rights, the Federal land described in paragraph

(2)is withdrawn from— all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws relating to mineral and geothermal leasing or mineral materials. Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by striking paragraph

(5)and inserting the following: The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President. In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River: The approximately 4.8-mile segment of Kelsey Creek from the east section line of T. 32 S., R. 9 W., sec. 34, Willamette Meridian, to the confluence with the Rogue River, as a wild river. The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild river. The approximately 0.6-mile segment 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. The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River, as a wild river. The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles downstream of road 33-8-26 crossing, as a wild river. The approximately 0.3-mile segment 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. The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek, as a wild river. The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic river. The approximately 5.8-mile segment 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. The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a scenic river. The approximately 3.7-mile segment 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. The approximately 1.9-mile segment 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. The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river. The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River, as a wild river. The approximately 6.3-mile segment of Mule Creek from the east section line of T. 32 S., R. 10 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river. The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river. The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the Rogue River, as a wild river. The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.28, Willamette Meridian, to the confluence with the Rogue River, as a wild river. The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river. The approximately 1.3-mile segment of East Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river. The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river. The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river. The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river. The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river. The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river. The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the Rogue River, as a wild river. The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river. The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river. The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river. The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river. The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river. The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river. The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river. The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river. The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river. The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the confluence of the Rogue River, as a wild river. The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river. The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river. 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. . Each river segment designated by subparagraph

(B)of section 3(a)(5) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(5) ) (as added by paragraph (1)) shall be managed as part of the Rogue Wild and Scenic River. Subject to valid existing rights, the Federal land within the boundaries of the river segments designated under subparagraph

(B)of section 3(a)(5) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(5) ) (as added by paragraph (1)) is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. The 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 described in paragraph (4). 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 segment that is described in paragraph (4), except to maintain or repair water resources projects in existence on the date of enactment of this Act. Nothing in this paragraph prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project— the primary purpose of which is ecological or aquatic restoration; and that provides a net benefit to water quality and aquatic resources. Subject to valid existing rights, the Federal land located within a 1/4 mile on either side of the stream segments described in paragraph (4), is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. The following are the stream segments referred to in paragraph (1): The approximately 4.5-mile segment of Kelsey Creek from its headwaters to the east section line of T. 32 S., R. 9 W., sec. 34. The approximately 0.2-mile segment of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5. The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11. The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the west section line of T. 33 S., R. 9 W., sec. 34. The approximately 5.1-mile segment of Mule Creek from its headwaters to the east section line of T. 32 S., R. 10 W., sec. 25. The approximately 3.1-mile segment of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24. The approximately 3.1-mile segment of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28. The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9. The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10. The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19. The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1. The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20. The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5. The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23. The approximately 1.4-mile segment of Bailey Creek from its headwaters to the west section line of T. 34 S., R. 8 W., sec. 14. The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek. The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek. The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River. The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River. The approximately 2.2-mile segment of Galice Creek from the confluence with the South Fork Galice Creek downstream to the Rogue River.

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U.S. Code

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Pub. L. 95-237
92 Stat. 43
92 Stat. 40

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cites case law

Sec. 301

Wild Rogue Wilderness Area

U.S.C.§ 1132

U.S.C.§ 1131

U.S.C.§ 1274

Pub. L.Pub. L. 95-237

Stat.92 Stat. 43

Stat.92 Stat. 40

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