[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1526 Engrossed in House (EH)]

113th CONGRESS
  1st Session
                                H. R. 1526

_______________________________________________________________________

                                 AN ACT


 
To restore employment and educational opportunities in, and improve the 
economic stability of, counties containing National Forest System land, 
 while also reducing Forest Service management costs, by ensuring that 
such counties have a dependable source of revenue from National Forest 
   System land, to provide a temporary extension of the Secure Rural 
  Schools and Community Self-Determination Act of 2000, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Restoring Healthy 
Forests for Healthy Communities Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
    TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS

Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Establishment of Forest Reserve Revenue Areas and annual 
                            volume requirements.
Sec. 104. Management of Forest Reserve Revenue Areas.
Sec. 105. Distribution of forest reserve revenues.
Sec. 106. Annual report.
     TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE 
                               PREVENTION

Sec. 201. Purposes.
Sec. 202. Definitions.
Sec. 203. Hazardous fuel reduction projects and forest health projects 
                            in at-risk forests.
Sec. 204. Environmental analysis.
Sec. 205. State designation of high-risk areas of National Forest 
                            System and public lands.
Sec. 206. Use of hazardous fuels reduction or forest health projects 
                            for high-risk areas.
Sec. 207. Moratorium on use of prescribed fire in Mark Twain National 
                            Forest, Missouri, pending report.
     TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST, 
                         CONSERVATION, AND JOBS

Sec. 301. Short title.
Sec. 302. Definitions.
               Subtitle A--Trust, Conservation, and Jobs

               Chapter 1--Creation and Terms of O&C Trust

Sec. 311. Creation of O&C Trust and designation of O&C Trust lands.
Sec. 312. Legal effect of O&C Trust and judicial review.
Sec. 313. Board of Trustees.
Sec. 314. Management of O&C Trust lands.
Sec. 315. Distribution of revenues from O&C Trust lands.
Sec. 316. Land exchange authority.
Sec. 317. Payments to the United States Treasury.
         Chapter 2--Transfer of Certain Lands to Forest Service

Sec. 321. Transfer of certain Oregon and California Railroad Grant 
                            lands to Forest Service.
Sec. 322. Management of transferred lands by Forest Service.
Sec. 323. Management efficiencies and expedited land exchanges.
Sec. 324. Review panel and old growth protection.
Sec. 325. Uniqueness of old growth protection on Oregon and California 
                            Railroad Grant lands.
                         Chapter 3--Transition

Sec. 331. Transition period and operations.
Sec. 332. O&C Trust management capitalization.
Sec. 333. Existing Bureau of Land Management and Forest Service 
                            contracts.
Sec. 334. Protection of valid existing rights and access to non-Federal 
                            land.
Sec. 335. Repeal of superseded law relating to Oregon and California 
                            Railroad Grant lands.
                    Subtitle B--Coos Bay Wagon Roads

Sec. 341. Transfer of management authority over certain Coos Bay Wagon 
                            Road Grant lands to Coos County, Oregon.
Sec. 342. Transfer of certain Coos Bay Wagon Road Grant lands to Forest 
                            Service.
Sec. 343. Land exchange authority.
                      Subtitle C--Oregon Treasures

                      Chapter 1--Wilderness Areas

Sec. 351. Designation of Devil's Staircase Wilderness.
Sec. 352. Expansion of Wild Rogue Wilderness Area.
  Chapter 2--Wild and Scenic River Designated and Related Protections

Sec. 361. Wild and scenic river designations, Molalla River.
Sec. 362. Wild and Scenic Rivers Act technical corrections related to 
                            Chetco River.
Sec. 363. Wild and scenic river designations, Wasson Creek and Franklin 
                            Creek.
Sec. 364. Wild and scenic river designations, Rogue River area.
Sec. 365. Additional protections for Rogue River tributaries.
                   Chapter 3--Additional Protections

Sec. 371. Limitations on land acquisition.
Sec. 372. Overflights.
Sec. 373. Buffer zones.
Sec. 374. Prevention of wildfires.
Sec. 375. Limitation on designation of certain lands in Oregon.
                       Chapter 4--Effective Date

Sec. 381. Effective date.
                     Subtitle D--Tribal Trust Lands

                 Part 1--Council Creek Land Conveyance

Sec. 391. Definitions.
Sec. 392. Conveyance.
Sec. 393. Map and legal description.
Sec. 394. Administration.
                 Part 2--Oregon Coastal Land Conveyance

Sec. 395. Definitions.
Sec. 396. Conveyance.
Sec. 397. Map and legal description.
Sec. 398. Administration.
          TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION

Sec. 401. Purpose and definitions.
Sec. 402. Establishment of community forest demonstration areas.
Sec. 403. Advisory committee.
Sec. 404. Management of community forest demonstration areas.
Sec. 405. Distribution of funds from community forest demonstration 
                            area.
Sec. 406. Initial funding authority.
Sec. 407. Payments to United States Treasury.
Sec. 408. Termination of community forest demonstration area.
  TITLE V--REAUTHORIZATION AND AMENDMENT OF EXISTING AUTHORITIES AND 
                             OTHER MATTERS

Sec. 501. Extension of Secure Rural Schools and Community Self-
                            Determination Act of 2000 pending full 
                            operation of Forest Reserve Revenue Areas.
Sec. 502. Restoring original calculation method for 25-percent 
                            payments.
Sec. 503. Forest Service and Bureau of Land Management good-neighbor 
                            cooperation with States to reduce wildfire 
                            risks.
Sec. 504. Stewardship end result contracting project authority.
Sec. 505. Clarification of National Forest Management Act of 1976 
                            authority.
Sec. 506. Treatment as supplemental funding.
Sec. 507. Exception of certain forest projects and activities from 
                            Appeals Reform Act and other review.
Sec. 508. Definition of fire suppression to include certain related 
                            activities.
Sec. 509. Prohibition on certain actions regarding Forest Service roads 
                            and trails.

    TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS

SEC. 101. PURPOSES.

    The purposes of this title are as follows:
            (1) To restore employment and educational opportunities in, 
        and improve the economic stability of, counties containing 
        National Forest System land.
            (2) To ensure that such counties have a dependable source 
        of revenue from National Forest System land.
            (3) To reduce Forest Service management costs while also 
        ensuring the protection of United States forests resources.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Annual volume requirement.--
                    (A) In general.--The term ``annual volume 
                requirement'', with respect to a Forest Reserve Revenue 
                Area, means a volume of national forest materials no 
                less than 50 percent of the sustained yield of the 
                Forest Reserve Revenue Area.
                    (B) Exclusions.--In determining the volume of 
                national forest materials or the sustained yield of a 
                Forest Reserve Revenue Area, the Secretary may not 
                include non-commercial post and pole sales and personal 
                use firewood.
            (2) Beneficiary county.--The term ``beneficiary county'' 
        means a political subdivision of a State that, on account of 
        containing National Forest System land, was eligible to receive 
        payments through the State under title I of the Secure Rural 
        Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
        7111 et seq.).
            (3) Catastrophic event.--The term ``catastrophic event'' 
        means an event (including severe fire, insect or disease 
        infestations, windthrow, or other extreme weather or natural 
        disaster) that the Secretary determines will cause or has 
        caused substantial damage to National Forest System land or 
        natural resources on National Forest System land.
            (4) Covered forest reserve project.--The terms ``covered 
        forest reserve project'' and ``covered project'' mean a project 
        involving the management or sale of national forest materials 
        within a Forest Reserve Revenue Area to generate forest reserve 
        revenues and achieve the annual volume requirement for the 
        Forest Reserve Revenue Area.
            (5) Forest reserve revenue area.--
                    (A) In general.--The term ``Forest Reserve Revenue 
                Area'' means National Forest System land in a unit of 
                the National Forest System designated for sustainable 
                forest management for the production of national forest 
                materials and forest reserve revenues.
                    (B) Inclusions.--Subject to subparagraph (C), but 
                otherwise notwithstanding any other provision of law, 
                including executive orders and regulations, the 
                Secretary shall include in Forest Reserve Revenue Areas 
                not less than 50 percent of the National Forest System 
                lands identified as commercial forest land capable of 
                producing twenty cubic feet of timber per acre.
                    (C) Exclusions.--A Forest Reserve Revenue Area may 
                not include National Forest System land--
                            (i) that is a component of the National 
                        Wilderness Preservation System;
                            (ii) on which the removal of vegetation is 
                        specifically prohibited by Federal statute; or
                            (iii) that is within a National Monument as 
                        of the date of the enactment of this Act.
            (6) Forest reserve revenues.--The term ``forest reserve 
        revenues'' means revenues derived from the sale of national 
        forest materials in a Forest Reserve Revenue Area.
            (7) National forest materials.--The term ``national forest 
        materials'' has the meaning given that term in section 14(e)(1) 
        of the National Forest Management Act of 1976 (16 U.S.C. 
        472a(e)(1)).
            (8) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)), except that the term does not include 
        the National Grasslands and land utilization projects 
        designated as National Grasslands administered pursuant to the 
        Act of July 22, 1937 (7 U.S.C. 1010-1012).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (10) Sustained yield.--The term ``sustained yield'' means 
        the maximum annual growth potential of the forest calculated on 
        the basis of the culmination of mean annual increment using 
        cubic measurement.
            (11) State.--The term ``State'' includes the Commonwealth 
        of Puerto Rico.
            (12) 25-percent payment.--The term ``25-percent payment'' 
        means the payment to States required by the sixth paragraph 
        under the heading of ``FOREST SERVICE'' in the Act of May 23, 
        1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act 
        of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

SEC. 103. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND ANNUAL 
              VOLUME REQUIREMENTS.

    (a) Establishment of Forest Reserve Revenue Areas.--Notwithstanding 
any other provision of law, the Secretary shall establish one or more 
Forest Reserve Revenue Areas within each unit of the National Forest 
System.
    (b) Deadline for Establishment.--The Secretary shall complete 
establishment of the Forest Reserve Revenue Areas not later than 60 
days after the date of enactment of this Act,
    (c) Purpose.--The purpose of a Forest Reserve Revenue Area is to 
provide a dependable source of 25-percent payments and economic 
activity through sustainable forest management for each beneficiary 
county containing National Forest System land.
    (d) Fiduciary Responsibility.--The Secretary shall have a fiduciary 
responsibility to beneficiary counties to manage Forest Reserve Revenue 
Areas to satisfy the annual volume requirement.
    (e) Determination of Annual Volume Requirement.--Not later than 30 
days after the date of the establishment of a Forest Reserve Revenue 
Area, the Secretary shall determine the annual volume requirement for 
that Forest Reserve Revenue Area.
    (f) Limitation on Reduction of Forest Reserve Revenue Areas.--Once 
a Forest Reserve Revenue Area is established under subsection (a), the 
Secretary may not reduce the number of acres of National Forest System 
land included in that Forest Reserve Revenue Area.
    (g) Map.--The Secretary shall provide a map of all Forest Reserve 
Revenue Areas established under subsection (a) for each unit of the 
National Forest System--
            (1) to the Committee on Agriculture and the Committee on 
        Natural Resources of the House of Representatives; and
            (2) to the Committee on Agriculture, Nutrition, and 
        Forestry and the Committee on Energy and Natural Resources of 
        the Senate.
    (h) Recognition of Valid and Existing Rights.--Neither the 
establishment of Forest Reserve Revenue Areas under subsection (a) nor 
any other provision of this title shall be construed to limit or 
restrict--
            (1) access to National Forest System land for hunting, 
        fishing, recreation, and other related purposes; or
            (2) valid and existing rights regarding National Forest 
        System land, including rights of any federally recognized 
        Indian tribe.

SEC. 104. MANAGEMENT OF FOREST RESERVE REVENUE AREAS.

    (a) Requirement To Achieve Annual Volume Requirement.--Immediately 
upon the establishment of a Forest Reserve Revenue Area, the Secretary 
shall manage the Forest Reserve Revenue Area in the manner necessary to 
achieve the annual volume requirement for the Forest Reserve Revenue 
Area. The Secretary is authorized and encouraged to commence covered 
forest reserve projects as soon as practicable after the date of the 
enactment of this Act to begin generating forest reserve revenues.
    (b) Standards for Projects Within Forest Reserve Revenue Areas.--
The Secretary shall conduct covered forest reserve projects within 
Forest Reserve Revenue Areas in accordance with this section, which 
shall serve as the sole means by which the Secretary will comply with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
and other laws applicable to the covered projects.
    (c) Environmental Analysis Process for Projects in Forest Reserve 
Revenue Areas.--
            (1) Environmental assessment.--The Secretary shall give 
        published notice and complete an environmental assessment 
        pursuant to section 102(2) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve 
        project proposed to be conducted within a Forest Reserve 
        Revenue Area, except that the Secretary is not required to 
        study, develop, or describe any alternative to the proposed 
        agency action.
            (2) Cumulative effects.--The Secretary shall consider 
        cumulative effects solely by evaluating the impacts of a 
        proposed covered forest reserve project combined with the 
        impacts of any other projects that were approved with a 
        Decision Notice or Record of Decision before the date on which 
        the Secretary published notice of the proposed covered project. 
        The cumulative effects of past projects may be considered in 
        the environmental assessment by using a description of the 
        current environmental conditions.
            (3) Length.--The environmental assessment prepared for a 
        proposed covered forest reserve project shall not exceed 100 
        pages in length. The Secretary may incorporate in the 
        environmental assessment, by reference, any documents that the 
        Secretary determines, in the sole discretion of the Secretary, 
        are relevant to the assessment of the environmental effects of 
        the covered project.
            (4) Deadline for completion.--The Secretary shall complete 
        the environmental assessment for a covered forest reserve 
        project within 180 days after the date on which the Secretary 
        published notice of the proposed covered project.
            (5) Treatment of decision notice.-- The decision notice for 
        a covered forest reserve project shall be considered a final 
        agency action and no additional analysis under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall 
        be required to implement any portion of the covered project.
            (6) Categorical exclusion.--A covered forest reserve 
        project that is proposed in response to a catastrophic event, 
        that covers an area of 10,000 acres or less, or an eligible 
        hazardous fuel reduction or forest health project proposed 
        under title II that involves the removal of insect-infected 
        trees, dead or dying trees, trees presenting a threat to public 
        safety, or other hazardous fuels within 500 feet of utility or 
        telephone infrastructure, campgrounds, roadsides, heritage 
        sites, recreation sites, schools, or other infrastructure, 
        shall be categorically excluded from the requirements of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4331 et 
        seq.).
    (d) Application of Land and Resource Management Plan.--The 
Secretary may modify the standards and guidelines contained in the land 
and resource management plan for the unit of the National Forest System 
in which the covered forest reserve project will be carried out as 
necessary to achieve the requirements of this Act. Section 
6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered 
forest reserve project.
    (e) Compliance With Endangered Species Act.--
            (1) Non-jeopardy assessment.--If the Secretary determines 
        that a proposed covered forest reserve project may affect the 
        continued existence of any species listed as endangered or 
        threatened under section 4 of the Endangered Species Act of 
        1973 (16 U.S.C. 1533), the Secretary shall issue a 
        determination explaining the view of the Secretary that the 
        proposed covered project is not likely to jeopardize the 
        continued existence of the species.
            (2) Submission, review, and response.--
                    (A) Submission.--The Secretary shall submit a 
                determination issued by the Secretary under paragraph 
                (1) to the Secretary of the Interior or the Secretary 
                of Commerce, as appropriate.
                    (B) Review and response.--Within 30 days after 
                receiving a determination under subparagraph (A), the 
                Secretary of the Interior or the Secretary of Commerce, 
                as appropriate, shall provide a written response to the 
                Secretary concurring in or rejecting the Secretary's 
                determination. If the Secretary of the Interior or the 
                Secretary of Commerce rejects the determination, the 
                written response shall include recommendations for 
                measures that--
                            (i) will avoid the likelihood of jeopardy 
                        to an endangered or threatened species;
                            (ii) can be implemented in a manner 
                        consistent with the intended purpose of the 
                        covered forest reserve project;
                            (iii) can be implemented consistent with 
                        the scope of the Secretary's legal authority 
                        and jurisdiction; and
                            (iv) are economically and technologically 
                        feasible.
            (3) Formal consultation.--If the Secretary of the Interior 
        or the Secretary of Commerce rejects a determination issued by 
        the Secretary under paragraph (1), the Secretary of the 
        Interior or the Secretary of Commerce also is required to 
        engage in formal consultation with the Secretary. The 
        Secretaries shall complete such consultation pursuant to 
        section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
        1536) within 90 days after the submission of the written 
        response under paragraph (2).
    (f) Administrative and Judicial Review.--
            (1) Administrative review.--Administrative review of a 
        covered forest reserve project shall occur only in accordance 
        with the special administrative review process established 
        under section 105 of the Healthy Forests Restoration Act of 
        2003 (16 U.S.C. 6515).
            (2) Judicial review.--
                    (A) In general.--Judicial review of a covered 
                forest reserve project shall occur in accordance with 
                section 106 of the Healthy Forests Restoration Act of 
                2003 (16 U.S.C. 6516), except that a court of the 
                United States may not issue a restraining order, 
                preliminary injunction, or injunction pending appeal 
                covering a covered forest reserve project in response 
                to an allegation that the Secretary violated any 
                procedural requirement applicable to how the project 
                was selected, planned, or analyzed.
                    (B) Bond required.--A plaintiff challenging a 
                covered forest reserve project shall be required to 
                post a bond or other security acceptable to the court 
                for the reasonably estimated costs, expenses, and 
                attorneys fees of the Secretary as defendant. All 
                proceedings in the action shall be stayed until the 
                security is given. If the plaintiff has not complied 
                with the order to post such bond or other security 
                within 90 days after the date of service of the order, 
                then the action shall be dismissed with prejudice.
                    (C) Recovery.--If the Secretary prevails in the 
                case, the Secretary shall submit to the court a motion 
                for payment of all litigation expenses.
    (g) Use of All-Terrain Vehicles for Management Activities.--The 
Secretary may allow the use of all-terrain vehicles within the Forest 
Reserve Revenue Areas for the purpose of activities associated with the 
sale of national forest materials in a Forest Reserve Revenue Area.

SEC. 105. DISTRIBUTION OF FOREST RESERVE REVENUES.

    (a) 25-Percent Payments.--The Secretary shall use forest reserve 
revenues generated by a covered forest reserve project to make 25-
percent payments to States for the benefit of beneficiary counties.
    (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--After 
compliance with subsection (a), the Secretary shall use forest reserve 
revenues to make deposits into the fund established under section 3 of 
the Act of June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-
Vandenberg Fund) and the fund established under section 14(h) of the 
National Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly 
known as the salvage sale fund) in contributions equal to the monies 
otherwise collected under those Acts for projects conducted on National 
Forest System land.
    (c) Deposit in General Fund of the Treasury.--After compliance with 
subsections (a) and (b), the Secretary shall deposit remaining forest 
reserve revenues into the general fund of the Treasury.

SEC. 106. ANNUAL REPORT.

    (a) Report Required.--Not later than 60 days after the end of each 
fiscal year, the Secretary shall submit to Congress an annual report 
specifying the annual volume requirement in effect for that fiscal year 
for each Forest Reserve Revenue Area, the volume of board feet actually 
harvested for each Forest Reserve Revenue Area, the average cost of 
preparation for timber sales, the forest reserve revenues generated 
from such sales, and the amount of receipts distributed to each 
beneficiary county.
    (b) Form of Report.--The information required by subsection (a) to 
be provided with respect to a Forest Reserve Revenue Area shall be 
presented on a single page. In addition to submitting each report to 
Congress, the Secretary shall also make the report available on the 
website of the Forest Service.

     TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE 
                               PREVENTION

SEC. 201. PURPOSES.

    The purposes of this title are as follows:
            (1) To provide the Secretary of Agriculture and the 
        Secretary of the Interior with the tools necessary to reduce 
        the potential for wildfires.
            (2) To expedite wildfire prevention projects to reduce the 
        chances of wildfire on certain high-risk Federal lands.
            (3) To protect communities and forest habitat from 
        uncharacteristic wildfires.
            (4) To enhance aquatic conditions and terrestrial wildlife 
        habitat.
            (5) To restore diverse and resilient landscapes through 
        improved forest conditions.

SEC. 202. DEFINITIONS.

    In this title:
            (1) At-risk community.--The term ``at-risk community'' has 
        the meaning given that term in section 101 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6511).
            (2) At-risk forest.--The term ``at-risk forest'' means--
                    (A) Federal land in condition class II or III, as 
                those classes were developed by the Forest Service 
                Rocky Mountain Research Station in the general 
                technical report titled ``Development of Coarse-Scale 
                Spatial Data for Wildland Fire and Fuel Management'' 
                (RMRS-87) and dated April 2000 or any subsequent 
                revision of the report; or
                    (B) Federal land where there exists a high risk of 
                losing an at-risk community, key ecosystem, water 
                supply, wildlife, or wildlife habitat to wildfire, 
                including catastrophic wildfire and post-fire 
                disturbances, as designated by the Secretary concerned.
            (3) Federal land.--
                    (A) Covered land.--The term ``Federal land'' 
                means--
                            (i) land of the National Forest System (as 
                        defined in section 11(a) of the Forest and 
                        Rangeland Renewable Resources Planning Act of 
                        1974 (16 U.S.C. 1609(a))); or
                            (ii) public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702)).
                    (B) Excluded land.--The term does not include 
                land--
                            (i) that is a component of the National 
                        Wilderness Preservation System;
                            (ii) on which the removal of vegetation is 
                        specifically prohibited by Federal statute; or
                            (iii) that is within a National Monument as 
                        of the date of the enactment of this Act.
            (4) High-risk area.--The term ``high-risk area'' means an 
        area of Federal land identified under section 205 as an area 
        suffering from the bark beetle epidemic, drought, or 
        deteriorating forest health conditions, with the resulting 
        imminent risk of devastating wildfires, or otherwise at high 
        risk for bark beetle infestation, drought, or wildfire.
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, in the case of 
                National Forest System land; and
                    (B) the Secretary of the Interior, in the case of 
                public lands.
            (6) Eligible hazardous fuel reduction and forest health 
        projects.--The terms ``hazardous fuel reduction project'' or 
        ``forest health project'' mean the measures and methods 
        developed for a project to be carried out on Federal land--
                    (A) in an at-risk forest under section 203 for 
                hazardous fuels reduction, forest health, forest 
                restoration, or watershed restoration, using ecological 
                restoration principles consistent with the forest type 
                where such project will occur; or
                    (B) in a high-risk area under section 206.

SEC. 203. HAZARDOUS FUEL REDUCTION PROJECTS AND FOREST HEALTH PROJECTS 
              IN AT-RISK FORESTS.

    (a) Implementation.--As soon as practicable after the date of the 
enactment of this Act, the Secretary concerned is authorized to 
implement a hazardous fuel reduction project or a forest health project 
in at-risk forests in a manner that focuses on surface, ladder, and 
canopy fuels reduction activities using ecological restoration 
principles consistent with the forest type in the location where such 
project will occur.
    (b) Authorized Practices.--
            (1) Inclusion of livestock grazing and timber harvesting.--
        A hazardous fuel reduction project or a forest health project 
        may include livestock grazing and timber harvest projects 
        carried out for the purposes of hazardous fuels reduction, 
        forest health, forest restoration, watershed restoration, or 
        threatened and endangered species habitat protection or 
        improvement, if the management action is consistent with 
        achieving long-term ecological restoration of the forest type 
        in the location where such project will occur.
            (2) Grazing.--Domestic livestock grazing may be used in a 
        hazardous fuel reduction project or a forest health project to 
        reduce surface fuel loads and to recover burned areas. 
        Utilization standards shall not apply when domestic livestock 
        grazing is used in such a project.
            (3) Timber harvesting and thinning.--Timber harvesting and 
        thinning, where the ecological restoration principles are 
        consistent with the forest type in the location where such 
        project will occur, may be used in a hazardous fuel reduction 
        project or a forest health project to reduce ladder and canopy 
        fuel loads to prevent unnatural fire.
    (c) Priority.--The Secretary concerned shall give priority to 
hazardous fuel reduction projects and forest health projects submitted 
by the Governor of a State as provided in section 206(c) and to 
projects submitted under the Tribal Forest Protection Act of 2004 (25 
U.S.C. 3115a).

SEC. 204. ENVIRONMENTAL ANALYSIS.

    Subsections (b) through (f) of section 104 shall apply to the 
implementation of a hazardous fuel reduction project or a forest health 
project under this title. In addition, if the primary purpose of a 
hazardous fuel reduction project or a forest health project under this 
title is the salvage of dead, damaged, or down timber resulting from 
wildfire occurring in 2013, the hazardous fuel reduction project or 
forest health project, and any decision of the Secretary concerned in 
connection with the project, shall not be subject to judicial review or 
to any restraining order or injunction issued by a United States court.

SEC. 205. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST 
              SYSTEM AND PUBLIC LANDS.

    (a) Designation Authority.--The Governor of a State may designate 
high-risk areas of Federal land in the State for the purposes of 
addressing--
            (1) deteriorating forest health conditions in existence as 
        of the date of the enactment of this Act due to the bark beetle 
        epidemic or drought, with the resulting imminent risk of 
        devastating wildfires; and
            (2) the future risk of insect infestations or disease 
        outbreaks through preventative treatments to improve forest 
        health conditions.
    (b) Consultation.--In designating high-risk areas, the Governor of 
a State shall consult with county government from affected counties and 
with affected Indian tribes.
    (c) Exclusion of Certain Areas.--The following Federal land may not 
be designated as a high-risk area:
            (1) A component of the National Wilderness Preservation 
        System.
            (2) Federal land on which the removal of vegetation is 
        specifically prohibited by Federal statute.
            (3) Federal land within a National Monument as of the date 
        of the enactment of this Act.
    (d) Standards for Designation.--Designation of high-risk areas 
shall be consistent with standards and guidelines contained in the land 
and resource management plan or land use plan for the unit of Federal 
land for which the designation is being made, except that the Secretary 
concerned may modify such standards and guidelines to correspond with a 
specific high-risk area designation.
    (e) Time for Initial Designations.--The first high-risk areas 
should be designated not later than 60 days after the date of the 
enactment of this Act, but high-risk areas may be designated at any 
time consistent with subsection (a).
    (f) Duration of Designation.--The designation of a high-risk area 
in a State shall expire 20 years after the date of the designation, 
unless earlier terminated by the Governor of the State.
    (g) Redesignation.--The expiration of the 20-year period specified 
in subsection (f) does not prohibit the Governor from redesignating an 
area of Federal land as a high-risk area under this section if the 
Governor determines that the Federal land continues to be subject to 
the terms of this section.
    (h) Recognition of Valid and Existing Rights.--The designation of a 
high-risk area shall not be construed to limit or restrict--
            (1) access to Federal land included in the area for 
        hunting, fishing, and other related purposes; or
            (2) valid and existing rights regarding the Federal land.

SEC. 206. USE OF HAZARDOUS FUELS REDUCTION OR FOREST HEALTH PROJECTS 
              FOR HIGH-RISK AREAS.

    (a) Project Proposals.--
            (1) Proposals authorized.--Upon designation of a high-risk 
        area in a State, the Governor of the State may provide for the 
        development of proposed hazardous fuel reduction projects or 
        forest health projects for the high-risk area.
            (2) Project criteria.--In preparing a proposed hazardous 
        fuel reduction project or a forest health project, the Governor 
        of a State and the Secretary concerned shall--
                    (A) take into account managing for rights of way, 
                protection of watersheds, protection of wildlife and 
                endangered species habitat, safe-guarding water 
                resources, and protecting at-risk communities from 
                wildfires; and
                    (B) emphasize activities that thin the forest to 
                provide the greatest health and longevity of the 
                forest.
    (b) Consultation.--In preparing a proposed hazardous fuel reduction 
project or a forest health project, the Governor of a State shall 
consult with county government from affected counties, and with 
affected Indian tribes.
    (c) Submission and Implementation.--The Governor of a State shall 
submit proposed emergency hazardous fuel reduction projects and forest 
health projects to the Secretary concerned for implementation as 
provided in section 203.

SEC. 207. MORATORIUM ON USE OF PRESCRIBED FIRE IN MARK TWAIN NATIONAL 
              FOREST, MISSOURI, PENDING REPORT.

    (a) Moratorium.--Except as provided in subsection (b), the 
Secretary of Agriculture may not conduct any prescribed fire in Mark 
Twain National Forest, Missouri, under the Collaborative Forest 
Landscape Restoration Project until the report required by subsection 
(c) is submitted to Congress.
    (b) Exception for Wildfire Suppression.--Subsection (a) does not 
prohibit the use of prescribed fire as part of wildfire suppression 
activities.
    (c) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Agriculture shall submit to 
Congress a report containing an evaluation of recent and current Forest 
Service management practices for Mark Twain National Forest, including 
lands in the National Forest enrolled, or under consideration for 
enrollment, in the Collaborative Forest Landscape Restoration Project 
to convert certain lands into shortleaf pine-oak woodlands, to 
determine the impact of such management practices on forest health and 
tree mortality. The report shall specifically address--
            (1) the economic costs associated with the failure to 
        utilize hardwoods cut as part of the Collaborative Forest 
        Landscape Restoration Project and the subsequent loss of 
        hardwood production from the treated lands in the long term;
            (2) the extent of increased tree mortality due to excessive 
        heat generated by prescribed fires;
            (3) the impacts to water quality and rate of water run off 
        due to erosion of the scorched earth left in the aftermath of 
        the prescribed fires; and
            (4) a long-term plan for evaluation of the impacts of 
        prescribed fires on lands previously burned within the Eleven 
        Point Ranger District.

     TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST, 
                         CONSERVATION, AND JOBS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``O&C Trust, Conservation, and Jobs 
Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Affiliates.--The term ``Affiliates'' has the meaning 
        given such term in part 121 of title 13, Code of Federal 
        Regulations.
            (2) Board of trustees.--The term ``Board of Trustees'' 
        means the Board of Trustees for the Oregon and California 
        Railroad Grant Lands Trust appointed under section 313.
            (3) Coos bay wagon road grant lands.--The term ``Coos Bay 
        Wagon Road Grant lands'' means the lands reconveyed to the 
        United States pursuant to the first section of the Act of 
        February 26, 1919 (40 Stat. 1179).
            (4) Fiscal year.--The term ``fiscal year'' means the 
        Federal fiscal year, October 1 through the next September 30.
            (5) Governor.--The term ``Governor'' means the Governor of 
        the State of Oregon.
            (6) O&C region public domain lands.--The term ``O&C Region 
        Public Domain lands'' means all the land managed by the Bureau 
        of Land Management in the Salem District, Eugene District, 
        Roseburg District, Coos Bay District, and Medford District in 
        the State of Oregon, excluding the Oregon and California 
        Railroad Grant lands and the Coos Bay Wagon Road Grant lands.
            (7) O&C trust.--The terms ``Oregon and California Railroad 
        Grant Lands Trust'' and ``O&C Trust'' mean the trust created by 
        section 311, which has fiduciary responsibilities to act for 
        the benefit of the O&C Trust counties in the management of O&C 
        Trust lands.
            (8) O&C trust county.--The term ``O&C Trust county'' means 
        each of the 18 counties in the State of Oregon that contained a 
        portion of the Oregon and California Railroad Grant lands as of 
        January 1, 2013, each of which are beneficiaries of the O&C 
        Trust.
            (9) O&C trust lands.--The term ``O&C Trust lands'' means 
        the surface estate of the lands over which management authority 
        is transferred to the O&C Trust pursuant to section 311(c)(1). 
        The term does not include any of the lands excluded from the 
        O&C Trust pursuant to section 311(c)(2), transferred to the 
        Forest Service under section 321, or Tribal lands transferred 
        under subtitle D.
            (10) Oregon and california railroad grant lands.--The term 
        ``Oregon and California Railroad Grant lands'' means the 
        following lands:
                    (A) All lands in the State of Oregon revested in 
                the United States under the Act of June 9, 1916 (39 
                Stat. 218), regardless of whether the lands are--
                            (i) administered by the Secretary of the 
                        Interior, acting through the Bureau of Land 
                        Management, pursuant to the first section of 
                        the Act of August 28, 1937 (43 U.S.C. 1181a); 
                        or
                            (ii) administered by the Secretary of 
                        Agriculture as part of the National Forest 
                        System pursuant to the first section of the Act 
                        of June 24, 1954 (43 U.S.C. 1181g).
                    (B) All lands in the State obtained by the 
                Secretary of the Interior pursuant to the land 
                exchanges authorized and directed by section 2 of the 
                Act of June 24, 1954 (43 U.S.C. 1181h).
                    (C) All lands in the State acquired by the United 
                States at any time and made subject to the provisions 
                of title II of the Act of August 28, 1937 (43 U.S.C. 
                1181f).
            (11) Reserve fund.--The term ``Reserve Fund'' means the 
        reserve fund created by the Board of Trustees under section 
        315(b).
            (12) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to 
                Oregon and California Railroad Grant lands that are 
                transferred to the management authority of the O&C 
                Trust and, immediately before such transfer, were 
                managed by the Bureau of Land Management; and
                    (B) the Secretary of Agriculture, with respect to 
                Oregon and California Railroad Grant lands that--
                            (i) are transferred to the management 
                        authority of the O&C Trust and, immediately 
                        before such transfer, were part of the National 
                        Forest System; or
                            (ii) are transferred to the Forest Service 
                        under section 321.
            (13) State.--The term ``State'' means the State of Oregon.
            (14) Transition period.--The term ``transition period'' 
        means the three fiscal-year period specified in section 331 
        following the appointment of the Board of Trustees during 
        which--
                    (A) the O&C Trust is created; and
                    (B) interim funding of the O&C Trust is secured.
            (15) Tribal lands.--The term ``Tribal lands'' means any of 
        the lands transferred to the Cow Creek Band of the Umpqua Tribe 
        of Indians or the Confederated Tribes of Coos, Lower Umpqua, 
        and Siuslaw Indians under subtitle D.

               Subtitle A--Trust, Conservation, and Jobs

               CHAPTER 1--CREATION AND TERMS OF O&C TRUST

SEC. 311. CREATION OF O&C TRUST AND DESIGNATION OF O&C TRUST LANDS.

    (a) Creation.--The Oregon and California Railroad Grant Lands Trust 
is established effective on October 1 of the first fiscal year 
beginning after the appointment of the Board of Trustees. As management 
authority over the surface of estate of the O&C Trust lands is 
transferred to the O&C Trust during the transition period pursuant to 
section 331, the transferred lands shall be held in trust for the 
benefit of the O&C Trust counties.
    (b) Trust Purpose.--The purpose of the O&C Trust is to produce 
annual maximum sustained revenues in perpetuity for O&C Trust counties 
by managing the timber resources on O&C Trust lands on a sustained-
yield basis subject to the management requirements of section 314.
    (c) Designation of O&C Trust Lands.--
            (1) Lands included.--Except as provided in paragraph (2), 
        the O&C Trust lands shall include all of the lands containing 
        the stands of timber described in subsection (d) that are 
        located, as of January 1, 2013, on Oregon and California 
        Railroad Grant lands and O&C Region Public Domain lands.
            (2) Lands excluded.--O&C Trust lands shall not include any 
        of the following Oregon and California Railroad Grant lands and 
        O&C Region Public Domain lands (even if the lands are otherwise 
        described in subsection (d)):
                    (A) Federal lands within the National Landscape 
                Conservation System as of January 1, 2013.
                    (B) Federal lands designated as Areas of Critical 
                Environmental Concern as of January 1, 2013.
                    (C) Federal lands that were in the National 
                Wilderness Preservation System as of January 1, 2013.
                    (D) Federal lands included in the National Wild and 
                Scenic Rivers System of January 1, 2013.
                    (E) Federal lands within the boundaries of a 
                national monument, park, or other developed recreation 
                area as of January 1, 2013.
                    (F) Oregon treasures addressed in subtitle C, any 
                portion of which, as of January 1, 2013, consists of 
                Oregon and California Railroad Grant lands or O&C 
                Region Public Domain lands.
                    (G) Tribal lands addressed in subtitle D.
    (d) Covered Stands of Timber.--
            (1) Description.--The O&C Trust lands consist of stands of 
        timber that have previously been managed for timber production 
        or that have been materially altered by natural disturbances 
        since 1886. Most of these stands of timber are 80 years old or 
        less, and all of such stands can be classified as having a 
        predominant stand age of 125 years or less.
            (2) Delineation of boundaries by bureau of land 
        management.--The Oregon and California Railroad Grant lands and 
        O&C Region Public Domain lands that, immediately before 
        transfer to the O&C Trust, were managed by the Bureau of Land 
        Management are timber stands that have predominant birth date 
        attributes of 1886 or later, with boundaries that are defined 
        by polygon spatial data layer in and electronic data 
        compilation filed by the Bureau of Land Management pursuant to 
        paragraph (4). Except as provided in paragraph (5), the 
        boundaries of all timber stands constituting the O&C Trust 
        lands are finally and conclusively determined for all purposes 
        by coordinates in or derived by reference to the polygon 
        spatial data layer prepared by the Bureau of Land Management 
        and filed pursuant to paragraph (4), notwithstanding anomalies 
        that might later be discovered on the ground. The boundary 
        coordinates are locatable on the ground by use of global 
        positioning system signals. In cases where the location of the 
        stand boundary is disputed or is inconsistent with paragraph 
        (1), the location of boundary coordinates on the ground shall 
        be, except as otherwise provided in paragraph (5), finally and 
        conclusively determined for all purposes by the direct or 
        indirect use of global positioning system equipment with 
        accuracy specification of one meter or less.
            (3) Delineation of boundaries by forest service.--The O&C 
        Trust lands that, immediately before transfer to the O&C Trust, 
        were managed by the Forest Service are timber stands that can 
        be classified as having predominant stand ages of 125 years old 
        or less. Within 30 days after the date of the enactment of this 
        Act, the Secretary of Agriculture shall commence identification 
        of the boundaries of such stands, and the boundaries of all 
        such stands shall be identified and made available to the Board 
        of Trustees not later than 180 days following the creation of 
        the O&C Trust pursuant to subsection (a). In identifying the 
        stand boundaries, the Secretary may use geographic information 
        system data, satellite imagery, cadastral survey coordinates, 
        or any other means available within the time allowed. The 
        boundaries shall be provided to the Board of Trustees within 
        the time allowed in the form of a spatial data layer from which 
        coordinates can be derived that are locatable on the ground by 
        use of global positioning system signals. Except as provided in 
        paragraph (5), the boundaries of all timber stands constituting 
        the O&C Trust lands are finally and conclusively determined for 
        all purposes by coordinates in or derived by reference to the 
        data provided by the Secretary within the time provided by this 
        paragraph, notwithstanding anomalies that might later be 
        discovered on the ground. In cases where the location of the 
        stand boundary is disputed or inconsistent with paragraph (1), 
        the location of boundary coordinates on the ground shall be, 
        except as otherwise provided in paragraph (5), finally and 
        conclusively determined for all purposes by the boundary 
        coordinates provided by the Secretary as they are located on 
        the ground by the direct or indirect use of global positioning 
        system equipment with accuracy specifications of one meter or 
        less. All actions taken by the Secretary under this paragraph 
        shall be deemed to not involve Federal agency action or Federal 
        discretionary involvement or control.
            (4) Data and maps.--Copies of the data containing boundary 
        coordinates for the stands included in the O&C Trust lands, or 
        from which such coordinates are derived, and maps generally 
        depicting the stand locations shall be filed with the Committee 
        on Energy and Natural Resources of the Senate, the Committee on 
        Natural Resources of the House of Representatives, and the 
        office of the Secretary concerned. The maps and data shall be 
        filed--
                    (A) not later than 90 days after the date of the 
                enactment of this Act, in the case of the lands 
                identified pursuant to paragraph (2); and
                    (B) not later than 180 days following the creation 
                of the O&C Trust pursuant to subsection (a), in the 
                case of lands identified pursuant to paragraph (3).
            (5) Adjustment authority and limitations.--
                    (A) No impact on determining title or property 
                ownership boundaries.--Stand boundaries identified 
                under paragraph (2) or (3) shall not be relied upon for 
                purposes of determining title or property ownership 
                boundaries. If the boundary of a stand identified under 
                paragraph (2) or (3) extends beyond the property 
                ownership boundaries of Oregon and California Railroad 
                Grant lands or O&C Region Public Domain lands, as such 
                property boundaries exist on the date of enactment of 
                this Act, then that stand boundary is deemed adjusted 
                by this subparagraph to coincide with the property 
                ownership boundary.
                    (B) Effect of data errors or inconsistencies.--Data 
                errors or inconsistencies may result in parcels of land 
                along property ownership boundaries that are 
                unintentionally omitted from the O&C Trust lands that 
                are identified under paragraph (2) or (3). In order to 
                correct such errors, any parcel of land that satisfies 
                all of the following criteria is hereby deemed to be 
                O&C Trust land:
                            (i) The parcel is within the ownership 
                        boundaries of Oregon and California Railroad 
                        Grant lands or O&C Region Public Domain lands 
                        on the date of the enactment of this Act.
                            (ii) The parcel satisfies the description 
                        in paragraph (1) on the date of enactment of 
                        this Act.
                            (iii) The parcel is not excluded from the 
                        O&C Trust lands pursuant to subsection (c)(2).
                    (C) No impact on land exchange authority.--Nothing 
                in this subsection is intended to limit the authority 
                of the Trust and the Forest Service to engage in land 
                exchanges between themselves or with owners of non-
                Federal land as provided elsewhere in this title.

SEC. 312. LEGAL EFFECT OF O&C TRUST AND JUDICIAL REVIEW.

    (a) Legal Status of Trust Lands.--Subject to the other provisions 
of this section, all right, title, and interest in and to the O&C Trust 
lands remain in the United States, except that--
            (1) the Board of Trustees shall have all authority to 
        manage the surface estate of the O&C Trust lands and the 
        resources found thereon;
            (2) actions on the O&C Trust lands shall be deemed to 
        involve no Federal agency action or Federal discretionary 
        involvement or control and the laws of the State shall apply to 
        the surface estate of the O&C Trust lands in the manner 
        applicable to privately owned timberlands in the State; and
            (3) the O&C Trust shall be treated as the beneficial owner 
        of the surface estate of the O&C Trust lands for purposes of 
        all legal proceedings involving the O&C Trust lands.
    (b) Minerals.--
            (1) In general.--Mineral and other subsurface rights in the 
        O&C Trust lands are retained by the United States or other 
        owner of such rights as of the date on which management 
        authority over the surface estate of the lands are transferred 
        to the O&C Trust.
            (2) Rock and gravel.--
                    (A) Use authorized; purpose.--For maintenance or 
                construction on the road system under the control of 
                the O&C Trust or for non-Federal lands intermingled 
                with O&C Trust lands, the Board of Trustees may--
                            (i) utilize rock or gravel found within 
                        quarries in existence immediately before the 
                        date of the enactment of this Act on any Oregon 
                        and California Railroad Grant lands and O&C 
                        Region Public Domain lands, excluding those 
                        lands designated under subtitle C or 
                        transferred under subtitle D; and
                            (ii) construct new quarries on O&C Trust 
                        lands, except that any quarry so constructed 
                        may not exceed 5 acres.
                    (B) Exception.--The Board of Trustees shall not 
                construct new quarries on any of the lands transferred 
                to the Forest Service under section 321 or lands 
                designated under subtitle D.
    (c) Roads.--
            (1) In general.--Except as provided in subsection (b), the 
        Board of Trustees shall assume authority and responsibility 
        over, and have authority to use, all roads and the road system 
        specified in the following subparagraphs:
                    (A) All roads and road systems on the Oregon and 
                California Railroad and Grant lands and O&C Region 
                Public Domain lands owned or administered by the Bureau 
                of Land Management immediately before the date of the 
                enactment of this Act, except that the Secretary of 
                Agriculture shall assume the Secretary of Interior's 
                obligations for pro-rata maintenance expense and road 
                use fees under reciprocal right-of-way agreements for 
                those lands transferred to the Forest Service under 
                section 321. All of the lands transferred to the Forest 
                Service under section 321 shall be considered as part 
                of the tributary area used to calculate pro-rata 
                maintenance expense and road use fees.
                    (B) All roads and road systems owned or 
                administered by the Forest Service immediately before 
                the date of the enactment of this Act and subsequently 
                included within the boundaries of the O&C Trust lands.
                    (C) All roads later added to the road system for 
                management of the O&C Trust lands.
            (2) Lands transferred to forest service.--The Secretary of 
        Agriculture shall assume the obligations of the Secretary of 
        Interior for pro-rata maintenance expense and road use fees 
        under reciprocal rights-of-way agreements for those Oregon and 
        California Railroad Grant lands or O&C Region Public Domain 
        lands transferred to the Forest Service under section 321.
            (3) Compliance with clean water act.--All roads used, 
        constructed, or reconstructed under the jurisdiction of the O&C 
        Trust must comply with requirements of the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.) applicable to 
        private lands through the use of Best Management Practices 
        under the Oregon Forest Practices Act.
    (d) Public Access.--
            (1) In general.--Subject to paragraph (2), public access to 
        O&C Trust lands shall be preserved consistent with the policies 
        of the Secretary concerned applicable to the O&C Trust lands as 
        of the date on which management authority over the surface 
        estate of the lands is transferred to the O&C Trust.
            (2) Restrictions.--The Board of Trustees may limit or 
        control public access for reasons of public safety or to 
        protect the resources on the O&C Trust lands.
    (e) Limitations.--The assets of the O&C Trust shall not be subject 
to the creditors of an O&C Trust county, or otherwise be distributed in 
an unprotected manner or be subject to anticipation, encumbrance, or 
expenditure other than for a purpose for which the O&C Trust was 
created.
    (f) Remedy.--An O&C Trust county shall have all of the rights and 
remedies that would normally accrue to a beneficiary of a trust. An O&C 
Trust county shall provide the Board of Trustees, the Secretary 
concerned, and the Attorney General with not less than 60 days notice 
of an intent to sue to enforce the O&C Trust county's rights under the 
O&C Trust.
    (g) Judicial Review.--
            (1) In general.--Except as provided in paragraph (2), 
        judicial review of any provision of this title shall be sought 
        in the United States Court of Appeals for the District of 
        Columbia Circuit. Parties seeking judicial review of the 
        validity of any provision of this title must file suit within 
        90 days after the date of the enactment of this Act and no 
        preliminary injunctive relief or stays pending appeal will be 
        permitted. If multiple cases are filed under this paragraph, 
        the Court shall consolidate the cases. The Court must rule on 
        any action brought under this paragraph within 180 days.
            (2) Decisions of board of trustees.--Decisions made by the 
        Board of Trustees shall be subject to judicial review only in 
        an action brought by an O&C County, except that nothing in this 
        title precludes bringing a legal claim against the Board of 
        Trustees that could be brought against a private landowner for 
        the same action.

SEC. 313. BOARD OF TRUSTEES.

    (a) Appointment Authorization.--Subject to the conditions on 
appointment imposed by this section, the Governor is authorized to 
appoint the Board of Trustees to administer the O&C Trust and O&C Trust 
lands. Appointments by the Governor shall be made within 60 days after 
the date of the enactment of this Act.
    (b) Members and Eligibility.--
            (1) Number.--Subject to subsection (c), the Board of 
        Trustees shall consist of seven members.
            (2) Residency requirement.--Members of the Board of 
        Trustees must reside within an O&C Trust county.
            (3) Geographical representation.--To the extent 
        practicable, the Governor shall ensure broad geographic 
        representation among the O&C Trust counties in appointing 
        members to the Board of Trustees.
    (c) Composition.--The Board of Trustees shall include the following 
members:
            (1)(A) Two forestry and wood products representatives, 
        consisting of--
                    (i) one member who represents the commercial 
                timber, wood products, or milling industries and who 
                represents an Oregon-based company with more than 500 
                employees, taking into account its affiliates, that has 
                submitted a bid for a timber sale on the Oregon and 
                California Railroad Grant lands, O&C Region Public 
                Domain lands, Coos Bay Wagon Road Grant lands, or O&C 
                Trust lands in the preceding five years; and
                    (ii) one member who represents the commercial wood 
                products or milling industries and who represents an 
                Oregon-based company with 500 or fewer employees, 
                taking into account its affiliates, that has submitted 
                a bid for a timber sale on the Oregon and California 
                Railroad Grant lands, O&C Region Public Domain lands, 
                Coos Bay Wagon Road Grant lands, or O&C Trust lands in 
                the preceding five years.
            (B) At least one of the two representatives selected in 
        this paragraph must own commercial forest land that is adjacent 
        to the O&C Trust lands and from which the representative has 
        not exported unprocessed timber in the preceding five years.
            (2) One representative of the general public who has 
        professional experience in one or more of the following fields:
                    (A) Business management.
                    (B) Law.
                    (C) Accounting.
                    (D) Banking.
                    (E) Labor management.
                    (F) Transportation.
                    (G) Engineering.
                    (H) Public policy.
            (3) One representative of the science community who, at a 
        minimum, holds a Doctor of Philosophy degree in wildlife 
        biology, forestry, ecology, or related field and has published 
        peer-reviewed academic articles in the representative's field 
        of expertise.
            (4) Three governmental representatives, consisting of--
                    (A) two members who are serving county 
                commissioners of an O&C Trust county and who are 
                nominated by the governing bodies of a majority of the 
                O&C Trust counties and approved by the Governor, except 
                that the two representatives may not be from the same 
                county; and
                    (B) one member who holds State-wide elected office 
                (or is a designee of such a person) or who represents a 
                federally recognized Indian tribe or tribes within one 
                or more O&C Trust counties.
    (d) Term, Initial Appointment, Vacancies.--
            (1) Term.--Except in the case of initial appointments, 
        members of the Board of Trustees shall serve for five-year 
        terms and may be reappointed for one consecutive term.
            (2) Initial appointments.--In making the first appointments 
        to the Board of Trustees, the Governor shall stagger initial 
        appointment lengths so that two members have three-year terms, 
        two members have four-year terms, and three members have a full 
        five-year term.
            (3) Vacancies.--Any vacancy on the Board of Trustees shall 
        be filled within 45 days by the Governor for the unexpired term 
        of the departing member.
            (4) Board of trustees management costs.--Members of the 
        Board of Trustees may receive annual compensation from the O&C 
        Trust at a rate not to exceed 50 percent of the average annual 
        salary for commissioners of the O&C Trust counties for that 
        year.
    (e) Chairperson and Operations.--
            (1) Chairperson.--A majority of the Board of Trustees shall 
        select the chairperson for the Board of Trustees each year.
            (2) Meetings.--The Board of Trustees shall establish 
        proceedings to carry out its duties. The Board shall meet at 
        least quarterly. Except for meetings substantially involving 
        personnel and contractual decisions, all meetings of the Board 
        shall comply with the public meetings law of the State.
    (f) Quorum and Decision-Making.--
            (1) Quorum.--A quorum shall consist of five members of the 
        Board of Trustees. The presence of a quorum is required to 
        constitute an official meeting of the board of trustees to 
        satisfy the meeting requirement under subsection (e)(2).
            (2) Decisions.--All actions and decisions by the Board of 
        Trustees shall require approval by a majority of members.
    (g) Annual Audit.--Financial statements regarding operation of the 
O&C Trust shall be independently prepared and audited annually for 
review by the O&C Trust counties, Congress, and the State.

SEC. 314. MANAGEMENT OF O&C TRUST LANDS.

    (a) In General.--Except as otherwise provided in this title, the 
O&C Trust lands will be managed by the Board of Trustees in compliance 
with all Federal and State laws in the same manner as such laws apply 
to private forest lands.
    (b) Timber Sale Plans.--The Board of Trustees shall approve and 
periodically update management and sale plans for the O&C Trust lands 
consistent with the purpose specified in section 311(b). The Board of 
Trustees may defer sale plans during periods of depressed timber 
markets if the Board of Trustees, in its discretion, determines that 
such delay until markets improve is financially prudent and in keeping 
with its fiduciary obligation to the O&C Trust counties.
    (c) Stand Rotation.--
            (1) 100-120 year rotation.--The Board of Trustees shall 
        manage not less than 50 percent of the harvestable acres of the 
        O&C Trust lands on a 100-120 year rotation. The acreage subject 
        to 100-120 year management shall be geographically dispersed 
        across the O&C Trust lands in a manner that the Board of 
        Trustees, in its discretion, determines will contribute to 
        aquatic and terrestrial ecosystem values.
            (2) Balance.--The balance of the harvestable acreage of the 
        O&C Trust lands shall be managed on any rotation age the Board 
        of Trustees, in its discretion and in compliance with 
        applicable State law, determines will best satisfy its 
        fiduciary obligation to provide revenue to the O&C Trust 
        counties.
            (3) Thinning.--Nothing in this subsection is intended to 
        limit the ability of the Board of Trustees to decide, in its 
        discretion, to thin stands of timber on O&C Trust lands.
    (d) Sale Terms.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Board of Trustees is authorized to establish the terms for sale 
        contracts of timber or other forest products from O&C Trust 
        lands.
            (2) Set aside.--The Board of Trustees shall establish a 
        program consistent with the program of the Bureau of Land 
        Management under a March 10, 1959 Memorandum of Understanding, 
        as amended, regarding calculation of shares and sale of timber 
        set aside for purchase by business entities with 500 or fewer 
        employees and consistent with the regulations in part 121 of 
        title 13, Code of Federal Regulations applicable to timber sale 
        set asides, except that existing shares in effect on the date 
        of enactment of this Act shall apply until the next scheduled 
        recomputation of shares. In implementing its program that is 
        consistent with such Memorandum of Understanding, the Board of 
        Trustees shall utilize the Timber Sale Procedure Handbook and 
        other applicable procedures of the Bureau of Land Management, 
        including the Operating Procedures for Conducting the Five-Year 
        Recomputation of Small Business Share Percentages in effect on 
        January 1, 2013.
            (3) Competitive bidding.--The Board of Trustees must sell 
        timber on a competitive bid basis. No less than 50 percent of 
        the total volume of timber sold by the Board of Trustees each 
        year shall be sold by oral bidding consistent with practices of 
        the Bureau of Land Management as of January 1, 2013.
    (e) Prohibition on Export.--
            (1) In general.--As a condition on the sale of timber or 
        other forest products from O&C Trust lands, unprocessed timber 
        harvested from O&C Trust lands may not be exported.
            (2) Violations.--Any person who knowingly exports 
        unprocessed timber harvested from O&C Trust lands, who 
        knowingly provides such unprocessed timber for export by 
        another person, or knowingly sells timber harvested from O&C 
        Trust lands to a person who is disqualified from purchasing 
        timber from such lands pursuant to this section shall be 
        disqualified from purchasing timber or other forest products 
        from O&C Trust lands or from Federal lands administered under 
        this subtitle. Any person who uses unprocessed timber harvested 
        from O&C Trust lands in substitution for exported unprocessed 
        timber originating from private lands shall be disqualified 
        from purchasing timber or other forest products from O&C Trust 
        lands or from Federal lands administered under this subtitle.
            (3) Unprocessed timber defined.--In this subsection, the 
        term ``unprocessed timber'' has the meaning given such term in 
        section 493(9) of the Forest Resources Conservation and 
        Shortage Relief Act of 1990 (16 U.S.C. 620e(9)).
    (f) Integrated Pest, Disease, and Weed Management Plan.--The Board 
of Trustees shall develop an integrated pest and vegetation management 
plan to assist forest managers in prioritizing and minimizing the use 
of pesticides and herbicides approved by the Environmental Protection 
Agency and used in compliance with the Oregon Forest Practices Act. The 
plan shall optimize the ability of the O&C Trust to re-establish forest 
stands after harvest in compliance with the Oregon Forest Practices Act 
and to create diverse early seral stage forests. The plan shall allow 
for the eradication, containment and suppression of disease, pests, 
weeds and noxious plants, and invasive species as found on the State 
Noxious Weed List and prioritize ground application of herbicides and 
pesticides to the greatest extent practicable. The plan shall be 
completed before the start of the second year of the transition period. 
The planning process shall be open to the public and the Board of 
Trustees shall hold not less than two public hearings on the proposed 
plan before final adoption.
    (g) Access to Lands Transferred to Forest Service.--Persons acting 
on behalf of the O&C Trust shall have a right of timely access over 
lands transferred to the Forest Service under section 321 and Tribal 
lands transferred under subtitle D as is reasonably necessary for the 
Board of Trustees to carry out its management activities with regard to 
the O&C Trust lands and the O&C Trust to satisfy its fiduciary duties 
to O&C counties.
    (h) Harvest Area Tree and Retention Requirements.--
            (1) In general.--The O&C Trust lands shall include harvest 
        area tree and retention requirements consistent with State law.
            (2) Use of old growth definition.--To the greatest extent 
        practicable, and at the discretion of the Board of Trustees, 
        old growth, as defined by the Old Growth Review Panel created 
        by section 324, shall be used to meet the retention 
        requirements applicable under paragraph (1).
    (i) Riparian Area Management.--
            (1) In general.--The O&C Trust lands shall be managed with 
        timber harvesting limited in riparian areas as follows:
                    (A) Streams.--For all fish bearing streams and all 
                perennial non-fish-bearing streams, there shall be no 
                removal of timber within a distance equal to the height 
                of one site potential tree on both sides of the stream 
                channel. For intermittent, non-fish-bearing streams, 
                there shall be no removal of timber within a distance 
                equal to one-half the height of a site potential tree 
                on both sides of the stream channel. For purposes of 
                this subparagraph, the stream channel boundaries are 
                the lines of ordinary high water.
                    (B) Larger lakes, ponds and reservoirs.--For all 
                lakes, ponds, and reservoirs with surface area larger 
                than one quarter of one acre, there shall be no removal 
                of timber within a distance equal to the height of one 
                site potential tree from the line of ordinary high 
                water of the water body.
                    (C) Small ponds and natural wetlands, springs and 
                seeps.--For all ponds with surface area one quarter 
                acre or less, and for all natural wetlands, springs and 
                seeps, there shall be no removal of timber within the 
                area dominated by riparian vegetation.
            (2) Measurements.--For purposes of paragraph (1), all 
        distances shall be measured along slopes, and all site 
        potential tree heights shall be average height at maturity of 
        the dominant species of conifer determined at a scale no finer 
        than the applicable fifth field watershed.
            (3) Rules of construction.--Nothing in paragraph (1) shall 
        be construed--
                    (A) to prohibit the falling or placement of timber 
                into streams to create large woody debris for the 
                benefit of aquatic ecosystems; or
                    (B) to prohibit the falling of trees within 
                riparian areas as may be reasonably necessary for 
                safety or operational reasons in areas adjacent to the 
                riparian areas, or for road construction or maintenance 
                pursuant to section 312(c)(3).
    (j) Fire Protection and Emergency Response.--
            (1) Reciprocal fire protection agreements.--
                    (A) Continuation of agreements.--Subject to 
                subparagraphs (B), (C), and (D), any reciprocal fire 
                protection agreement between the State or any other 
                entity and the Secretary concerned with regard to 
                Oregon and California Railroad Grant lands and O&C 
                Region Public Domain lands in effect on the date of the 
                enactment of this Act shall remain in place for a 
                period of ten years after such date unless earlier 
                terminated by the State or other entity.
                    (B) Assumption of blm rights and duties.--The Board 
                of Trustees shall exercise the rights and duties of the 
                Bureau of Land Management under the agreements 
                described in subparagraph (A), except as such rights 
                and duties might apply to Tribal lands under subtitle 
                D.
                    (C) Effect of expiration of period.--Following the 
                expiration of the ten-year period under subparagraph 
                (A), the Board of Trustees shall continue to provide 
                for fire protection of the Oregon and California 
                Railroad Grant lands and O&C Region Public Domain 
                lands, including those transferred to the Forest 
                Service under section 331, through continuation of the 
                reciprocal fire protection agreements, new cooperative 
                agreements, or by any means otherwise permitted by law. 
                The means selected shall be based on the review by the 
                Board of Trustees of whether the reciprocal fire 
                protection agreements were effective in protecting the 
                lands from fire.
                    (D) Emergency response.--Nothing in this paragraph 
                shall prevent the Secretary of Agriculture from an 
                emergency response to a fire on the O&C Trust lands or 
                lands transferred to the Forest Service under section 
                321.
            (2) Emergency response to fire.--Subject to paragraph (1), 
        if the Secretary of Agriculture determines that fire on any of 
        the lands transferred under section 321 is burning uncontrolled 
        or the Secretary, the Board of Trustees, or contracted party 
        does not have readily and immediately available personnel and 
        equipment to control or extinguish the fire, the Secretary, or 
        any forest protective association or agency under contract or 
        agreement with the Secretary or the Board of Trustees for the 
        protection of forestland against fire, shall summarily and 
        aggressively abate the nuisance thus controlling and 
        extinguishing the fire.
    (k) Northern Spotted Owl.--So long as the O&C Trust maintains the 
100-120 year rotation on 50 percent of the harvestable acres required 
in subsection (c), the section 321 lands representing the best quality 
habitat for the owl are transferred to the Forest Service, and the O&C 
Trust protects currently occupied northern spotted owl nest sites 
consistent with the forest practices in the Oregon Forest Practices 
Act, management of the O&C Trust land by the Board of Trustees shall be 
considered to comply with section 9 of Public Law 93-205 (16 U.S.C. 
1538) for the northern spotted owl. A currently occupied northern 
spotted owl nest site shall be considered abandoned if there are no 
northern spotted owl responses following three consecutive years of 
surveys using the Protocol for Surveying Management Activities that May 
Impact Northern Spotted Owls dated February 2, 2013.

SEC. 315. DISTRIBUTION OF REVENUES FROM O&C TRUST LANDS.

    (a) Annual Distribution of Revenues.--
            (1) Time for distribution; use.--Payments to each O&C Trust 
        county shall be made available to the general fund of the O&C 
        Trust county as soon as practicable following the end of each 
        fiscal year, to be used as are other unrestricted county funds.
            (2) Amount.--The amount paid to an O&C Trust county in 
        relation to the total distributed to all O&C Trust counties for 
        a fiscal year shall be based on the proportion that the total 
        assessed value of the Oregon and California Railroad Grant 
        lands in each of the O&C Trust counties for fiscal year 1915 
        bears to the total assessed value of all of the Oregon and 
        California Railroad Grant lands in the State for that same 
        fiscal year. However, for the purposes of this subsection the 
        portion of the revested Oregon and California Railroad Grant 
        lands in each of the O&C Trust counties that was not assessed 
        for fiscal year 1915 shall be deemed to have been assessed at 
        the average assessed value of the Oregon and California 
        Railroad Grant lands in the county.
            (3) Limitation.--After the fifth payment made under this 
        subsection, the payment to an O&C Trust county for a fiscal 
        year shall not exceed 110 percent of the previous year's 
        payment to the O&C Trust county, adjusted for inflation based 
        on the consumer price index applicable to the geographic area 
        in which the O&C Trust counties are located.
    (b) Reserve Fund.--
            (1) Establishment of reserve fund.--The Board of Trustees 
        shall generate and maintain a reserve fund.
            (2) Deposits to reserve fund.--Within 10 years after 
        creation of the O&C Trust or as soon thereafter as is 
        practicable, the Board of Trustees shall establish and seek to 
        maintain an annual balance of $125,000,000 in the Reserve Fund, 
        to be derived from revenues generated from management 
        activities involving O&C Trust lands. All annual revenues 
        generated in excess of operating costs and payments to O&C 
        Trust counties required by subsection (a) and payments into the 
        Conservation Fund as provided in subsection (c) shall be 
        deposited in the Reserve Fund.
            (3) Expenditures from reserve fund.--The Board of Trustees 
        shall use amounts in the Reserve Fund only--
                    (A) to pay management and administrative expenses 
                or capital improvement costs on O&C Trust lands; and
                    (B) to make payments to O&C Trust counties when 
                payments to the counties under subsection (a) are 
                projected to be 90 percent or less of the previous 
                year's payments.
    (c) O&C Trust Conservation Fund.--
            (1) Establishment of conservation fund.--The Board of 
        Trustees shall use a portion of revenues generated from 
        activity on the O&C Trust lands, consistent with paragraph (2), 
        to establish and maintain a O&C Trust Conservation Fund. The 
        O&C Trust Conservation Fund shall include no Federal 
        appropriations.
            (2) Revenues.--Following the transition period, five 
        percent of the O&C Trust's annual net operating revenue, after 
        deduction of all management costs and expenses, including the 
        payment required under section 317, shall be deposited to the 
        O&C Trust Conservation Fund.
            (3) Expenditures from conservation fund.--The Board of 
        Trustees shall use amounts from the O&C Trust Conservation Fund 
        only--
                    (A) to fund the voluntary acquisition of 
                conservation easements from willing private landowners 
                in the State;
                    (B) to fund watershed restoration, remediation and 
                enhancement projects within the State; or
                    (C) to contribute to balancing values in a land 
                exchange with willing private landowners proposed under 
                section 323(b), if the land exchange will result in a 
                net increase in ecosystem benefits for fish, wildlife, 
                or rare native plants.

SEC. 316. LAND EXCHANGE AUTHORITY.

    (a) Authority.--Subject to approval by the Secretary concerned, the 
Board of Trustees may negotiate proposals for land exchanges with 
owners of lands adjacent to O&C Trust lands in order to create larger 
contiguous blocks of land under management by the O&C Trust to 
facilitate resource management, to improve conservation value of such 
lands, or to improve the efficiency of management of such lands.
    (b) Approval Required; Criteria.--The Secretary concerned may 
approve a land exchange proposed by the Board of Trustees 
administratively if the exchange meets the following criteria:
            (1) The non-Federal lands are completely within the State.
            (2) The non-Federal lands have high timber production 
        value, or are necessary for more efficient or effective 
        management of adjacent or nearby O&C Trust lands.
            (3) The non-Federal lands have equal or greater value to 
        the O&C Trust lands proposed for exchange.
            (4) The proposed exchange is reasonably likely to increase 
        the net income to the O&C Trust counties over the next 20 years 
        and not decrease the net income to the O&C Trust counties over 
        the next 10 years.
    (c) Acreage Limitation.--The Secretary concerned shall not approve 
land exchanges under this section that, taken together with all 
previous exchanges involving the O&C Trust lands, have the effect of 
reducing the total acreage of the O&C Trust lands by more than five 
percent from the total acreage to be designated as O&C Trust land under 
section 311(c)(1).
    (d) Inapplicability of Certain Laws.--Section 3 of the Oregon 
Public Lands Transfer and Protection Act of 1998 (Public Law 105-321; 
112 Stat. 3022), the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et. seq.), including the amendments made by the Federal 
Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat. 
1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and the Act of 
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) 
shall not apply to the land exchange authority provided by this 
section.
    (e) Exchanges With Forest Service.--
            (1) Exchanges authorized.--The Board of Trustees is 
        authorized to engage in land exchanges with the Forest Service 
        if approved by the Secretary pursuant to section 323(c).
            (2) Management of exchanged lands.--Following completion of 
        a land exchange under paragraph (1), the management 
        requirements applicable to the newly acquired lands by the O&C 
        Trust or the Forest Service shall be the same requirements 
        under this subtitle applicable to the other lands that are 
        managed by the O&C Board or the Forest Service.

SEC. 317. PAYMENTS TO THE UNITED STATES TREASURY.

    As soon as practicable after the end of the third fiscal year of 
the transition period and in each of the subsequent seven fiscal years, 
the O&C Trust shall submit a payment of $10,000,000 to the United 
States Treasury.

         CHAPTER 2--TRANSFER OF CERTAIN LANDS TO FOREST SERVICE

SEC. 321. TRANSFER OF CERTAIN OREGON AND CALIFORNIA RAILROAD GRANT 
              LANDS TO FOREST SERVICE.

    (a) Transfer Required.--The Secretary of the Interior shall 
transfer administrative jurisdiction over all Oregon and California 
Railroad Grant lands and O&C Region Public Domain lands not designated 
as O&C Trust lands by subparagraphs (A) through (F) of section 
311(c)(1), including those lands excluded by section 311(c)(2), to the 
Secretary of Agriculture for inclusion in the National Forest System 
and administration by the Forest Service as provided in section 322.
    (b) Exception.--This section does not apply to Tribal lands 
transferred under subtitle D.

SEC. 322. MANAGEMENT OF TRANSFERRED LANDS BY FOREST SERVICE.

    (a) Assignment to Existing National Forests.--To the greatest 
extent practicable, management responsibilities for the lands 
transferred under section 321 shall be assigned to the unit of the 
National Forest System geographically closest to the transferred lands. 
The Secretary of Agriculture shall have ultimate decision-making 
authority, but shall assign the transferred lands to a unit not later 
than the applicable transfer date provided in the transition period.
    (b) Application of Northwest Forest Plan.--
            (1) In general.--Except as provided in paragraph (2), the 
        lands transferred under section 321 shall be managed under the 
        Northwest Forest Plan and shall retain Northwest Forest Plan 
        land use designations until or unless changed in the manner 
        provided by Federal laws applicable to the administration and 
        management of the National Forest System.
            (2) Exception for certain designated lands.--The lands 
        excluded from the O&C Trust by subparagraphs (A) through (F) of 
        section 311(c)(2) and transferred to the Forest Service under 
        section 321 shall be managed as provided by Federal laws 
        applicable to the lands.
    (c) Protection of Old Growth.--Old growth, as defined by the Old 
Growth Review Panel pursuant to rulemaking conducted in accordance with 
section 553 of title 5, United States Code, shall not be harvested by 
the Forest Service on lands transferred under section 321.
    (d) Emergency Response to Fire.--Subject to section 314(i), if the 
Secretary of Agriculture determines that fire on any of the lands 
transferred under section 321 is burning uncontrolled or the Secretary 
or contracted party does not have readily and immediately available 
personnel and equipment to control or extinguish the fire, the 
Secretary, or any forest protective association or agency under 
contract or agreement with the Secretary for the protection of 
forestland against fire, and within whose protection area the fire 
exists, shall summarily and aggressively abate the nuisance thus 
controlling and extinguishing the fire.

SEC. 323. MANAGEMENT EFFICIENCIES AND EXPEDITED LAND EXCHANGES.

    (a) Land Exchange Authority.--The Secretary of Agriculture may 
conduct land exchanges involving lands transferred under section 321, 
other than the lands excluded from the O&C Trust by subparagraphs (A) 
through (F) of section 311(c)(2), in order create larger contiguous 
blocks of land under management of the Secretary to facilitate resource 
management, to improve conservation value of such lands, or to improve 
the efficiency of management of such lands.
    (b) Criteria for Exchanges With Non-Federal Owners.--The Secretary 
of Agriculture may conduct a land exchange administratively under this 
section with a non-Federal owner (other than the O&C Trust) if the land 
exchange meets the following criteria:
            (1) The non-Federal lands are completely within the State.
            (2) The non-Federal lands have high wildlife conservation 
        or recreation value or the exchange is necessary to increase 
        management efficiencies of lands administered by the Forest 
        Service for the purposes of the National Forest System.
            (3) The non-Federal lands have equal or greater value to 
        the Federal lands purposed for exchange or a balance of values 
        can be achieved--
                    (A) with a grant of funds provided by the O&C Trust 
                pursuant to section 315(c); or
                    (B) from other sources.
    (c) Criteria for Exchanges With O&C Trust.--The Secretary of 
Agriculture may conduct land exchanges with the Board of Trustees 
administratively under this subsection, and such an exchange shall be 
deemed to not involve any Federal action or Federal discretionary 
involvement or control if the land exchange with the O&C Trust meets 
the following criteria:
            (1) The O&C Trust lands to be exchanged have high wildlife 
        value or ecological value or the exchange would facilitate 
        resource management or otherwise contribute to the management 
        efficiency of the lands administered by the Forest Service.
            (2) The exchange is requested or approved by the Board of 
        Trustees for the O&C Trust and will not impair the ability of 
        the Board of Trustees to meet its fiduciary responsibilities.
            (3) The lands to be exchanged by the Forest Service do not 
        contain stands of timber meeting the definition of old growth 
        established by the Old Growth Review Panel pursuant to section 
        324.
            (4) The lands to be exchanged are equal in acreage.
    (d) Acreage Limitation.--The Secretary of Agriculture shall not 
approve land exchanges under this section that, taken together with all 
previous exchanges involving the lands described in subsection (a), 
have the effect of reducing the total acreage of such lands by more 
than five percent from the total acreage originally transferred to the 
Secretary.
    (e) Inapplicability of Certain Laws.--Section 3 of the Oregon 
Public Lands Transfer and Protection Act of 1998 (Public Law 105-321; 
112 Stat. 3022), the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et. seq.), including the amendments made by the Federal 
Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat. 
1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and the Act of 
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) 
shall not apply to the land exchange authority provided by this 
section.

SEC. 324. REVIEW PANEL AND OLD GROWTH PROTECTION.

    (a) Appointment; Members.--Within 60 days after the date of the 
enactment of this Act the Secretary of Agriculture shall appoint an Old 
Growth Review Panel consisting of five members. At a minimum, the 
members must hold a Doctor of Philosophy degree in wildlife biology, 
forestry, ecology, or related field and published peer-reviewed 
academic articles in their field of expertise.
    (b) Purpose of Review.--Members of the Old Growth Review Panel 
shall review existing, published, peer-reviewed articles in relevant 
academic journals and establish a definition or definitions of old 
growth as it applies to the ecologically, geographically and 
climatologically unique Oregon and California Railroad Grant lands and 
O&C Region Public Domain lands managed by the O&C Trust or the Forest 
Service only. The definition or definitions shall bear no legal force, 
shall not be used as a precedent for, and shall not apply to any lands 
other than the Oregon and California Railroad Grant lands and O&C 
Region Public Domain lands managed by the O&C Trust or the Forest 
Service in western Oregon. The definition or definitions shall not 
apply to Tribal lands.
    (c) Submission of Results.--The definition or definitions for old 
growth in western Oregon established under subsection (b), if approved 
by at least four members of the Old Growth Review Panel, shall be 
submitted to the Secretary of Agriculture within six months after the 
date of the enactment of this Act.

SEC. 325. UNIQUENESS OF OLD GROWTH PROTECTION ON OREGON AND CALIFORNIA 
              RAILROAD GRANT LANDS.

    All sections of this subtitle referring to the term ``old growth'' 
are uniquely suited to resolve management issues for the lands covered 
by this subtitle only, and shall not be construed as precedent for any 
other situation involving management of other Federal, State, Tribal, 
or private lands.

                         CHAPTER 3--TRANSITION

SEC. 331. TRANSITION PERIOD AND OPERATIONS.

    (a) Transition Period.--
            (1) Commencement; duration.--Effective on October 1 of the 
        first fiscal year beginning after the appointment of the Board 
        of Trustees under section 313, a transition period of three 
        fiscal years shall commence.
            (2) Exceptions.--Unless specifically stated in the 
        following subsections, any action under this section shall be 
        deemed not to involve Federal agency action or Federal 
        discretionary involvement or control.
    (b) Year One.--
            (1) Applicability.--During the first fiscal year of the 
        transition period, the activities described in this subsection 
        shall occur.
            (2) Board of trustees activities.--The Board of Trustees 
        shall employ sufficient staff or contractors to prepare for 
        beginning management of O&C Trust lands and O&C Region Public 
        Domain lands in the second fiscal year of the transition 
        period, including preparation of management plans and a harvest 
        schedule for the lands over which management authority is 
        transferred to the O&C Trust in the second fiscal year.
            (3) Forest service activities.--The Forest Service shall 
        begin preparing to assume management authority of all Oregon 
        and California Railroad Grant lands and O&C Region Public 
        Domain lands transferred under section 321 in the second fiscal 
        year.
            (4) Secretary concerned activities.--The Secretary 
        concerned shall continue to exercise management authority over 
        all Oregon and California Railroad Grant lands and O&C Region 
        Public Domain lands under all existing Federal laws.
            (5) Information sharing.--Upon written request from the 
        Board of Trustees, the Secretary of the Interior shall provide 
        copies of any documents or data, however stored or maintained, 
        that includes the requested information concerning O&C Trust 
        lands. The copies shall be provided as soon as practicable and 
        to the greatest extent possible, but in no event later than 30 
        days following the date of the request.
            (6) Exception.--This subsection does not apply to Tribal 
        lands transferred under subtitle D.
    (c) Year Two.--
            (1) Applicability.--During the second fiscal year of the 
        transition period, the activities described in this subsection 
        shall occur.
            (2) Transfer of o&c trust lands.--Effective on October 1 of 
        the second fiscal year of the transition period, management 
        authority over the O&C Trust lands shall be transferred to the 
        O&C Trust.
            (3) Transfer of lands to forest service.--The transfers 
        required by section 321 shall occur.
            (4) Information sharing.--The Secretary of Agriculture 
        shall obtain and manage, as soon as practicable, all documents 
        and data relating to the Oregon and California Railroad Grant 
        lands, O&C Region Public Domain lands, and Coos Bay Wagon Road 
        lands previously managed by the Bureau of Land Management. Upon 
        written request from the Board of Trustees, the Secretary of 
        Agriculture shall provide copies of any documents or data, 
        however stored or maintained, that includes the requested 
        information concerning O&C Trust lands. The copies shall be 
        provided as soon as practicable and to the greatest extent 
        possible, but in no event later than 30 days following the date 
        of the request.
            (5) Implementation of management plan.--The Board of 
        Trustees shall begin implementing its management plan for the 
        O&C Trust lands and revise the plan as necessary. Distribution 
        of revenues generated from all activities on the O&C Trust 
        lands shall be subject to section 315.
    (d) Year Three and Subsequent Years.--
            (1) Applicability.--During the third fiscal year of the 
        transition period and all subsequent fiscal years, the 
        activities described in this subsection shall occur.
            (2) Board of trustees management.--The Board of Trustees 
        shall manage the O&C Trust lands pursuant to subtitle A.

SEC. 332. O&C TRUST MANAGEMENT CAPITALIZATION.

    (a) Borrowing Authority.--The Board of Trustees is authorized to 
borrow from any available private sources and non-Federal, public 
sources in order to provide for the costs of organization, 
administration, and management of the O&C Trust during the three-year 
transition period provided in section 331.
    (b) Support.--Notwithstanding any other provision of law, O&C Trust 
counties are authorized to loan to the O&C Trust, and the Board of 
Trustees is authorized to borrow from willing O&C Trust counties, 
amounts held on account by such counties that are required to be 
expended in accordance with the Act of May 23,1908 (35 Stat. 260; 16 
U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963; 
16 U.S.C. 500), except that, upon repayment by the O&C Trust, the 
obligation of such counties to expend the funds in accordance with such 
Acts shall continue to apply.

SEC. 333. EXISTING BUREAU OF LAND MANAGEMENT AND FOREST SERVICE 
              CONTRACTS.

    (a) Treatment of Existing Contracts.--Any work or timber contracts 
sold or awarded by the Bureau of Land Management or Forest Service on 
or with respect to Oregon and California Railroad Grant lands or O&C 
Region Public Domain lands before the transfer of the lands to the O&C 
Trust or the Forest Service, or Tribal lands transferred under subtitle 
D, shall remain binding and effective according to the terms of the 
contracts after the transfer of the lands. The Board of Trustees and 
Secretary concerned shall make such accommodations as are necessary to 
avoid interfering in any way with the performance of the contracts.
    (b) Treatment of Payments Under Contracts.--Payments made pursuant 
to the contracts described in subsection (a), if any, shall be made as 
provided in those contracts and not made to the O&C Trust.

SEC. 334. PROTECTION OF VALID EXISTING RIGHTS AND ACCESS TO NON-FEDERAL 
              LAND.

    (a) Valid Rights.--Nothing in this title, or any amendment made by 
this title, shall be construed as terminating any valid lease, permit, 
patent, right-of-way, agreement, or other right of authorization 
existing on the date of the enactment of this Act with regard to Oregon 
and California Railroad Grant lands or O&C Region Public Domain lands, 
including O&C Trust lands over which management authority is 
transferred to the O&C Trust pursuant to section 311(c)(1), lands 
transferred to the Forest Service under section 321, and Tribal lands 
transferred under subtitle D.
    (b) Access to Lands.--
            (1) Existing access rights.--The Secretary concerned shall 
        preserve all rights of access and use, including (but not 
        limited to) reciprocal right-of-way agreements, tail hold 
        agreements, or other right-of-way or easement obligations 
        existing on the date of the enactment of this Act, and such 
        rights shall remain applicable to lands covered by this 
        subtitle in the same manner and to the same extent as such 
        rights applied before the date of the enactment of this Act.
            (2) New access rights.--If a current or future landowner of 
        land intermingled with Oregon and California Railroad Grant 
        lands or O&C Region Public Domain lands does not have an 
        existing access agreement related to the lands covered by this 
        subtitle, the Secretary concerned shall enter into an access 
        agreement, including appurtenant lands, to secure the landowner 
        the reasonable use and enjoyment of the landowner's land, 
        including the harvest and hauling of timber.
    (c) Management Cooperation.--The Board of Trustees and the 
Secretary concerned shall provide current and future landowners of land 
intermingled with Oregon and California Railroad Grant lands or O&C 
Region Public Domain lands the permission needed to manage their lands, 
including to locate tail holds, tramways, and logging wedges, to 
purchase guylines, and to cost-share property lines surveys to the 
lands covered by this subtitle, within 30 days after receiving 
notification of the landowner's plan of operation.
    (d) Judicial Review.--Notwithstanding section 312(g)(2), a private 
landowner may obtain judicial review of a decision of the Board of 
Trustees to deny--
            (1) the landowner the rights provided by subsection (b) 
        regarding access to the landowner's land; or
            (2) the landowner the reasonable use and enjoyment of the 
        landowner's land.

SEC. 335. REPEAL OF SUPERSEDED LAW RELATING TO OREGON AND CALIFORNIA 
              RAILROAD GRANT LANDS.

    (a) Repeal.--Except as provided in subsection (b), the Act of 
August 28, 1937 (43 U.S.C. 1181a et seq.) is repealed effective on 
October 1 of the first fiscal year beginning after the appointment of 
the Board of Trustees.
    (b) Effect of Certain Court Rulings.--If, as a result of judicial 
review authorized by section 312, any provision of this subtitle is 
held to be invalid and implementation of the provision or any activity 
conducted under the provision is then enjoined, the Act of August 28, 
1937 (43 U.S.C. 1181a et seq.), as in effect immediately before its 
repeal by subsection (a), shall be restored to full legal force and 
effect as if the repeal had not taken effect.

                    Subtitle B--Coos Bay Wagon Roads

SEC. 341. TRANSFER OF MANAGEMENT AUTHORITY OVER CERTAIN COOS BAY WAGON 
              ROAD GRANT LANDS TO COOS COUNTY, OREGON.

    (a) Transfer Required.--Except in the case of the lands described 
in subsection (b), the Secretary of the Interior shall transfer 
management authority over the Coos Bay Wagon Road Grant lands 
reconveyed to the United States pursuant to the first section of the 
Act of February 26, 1919 (40 Stat. 1179), and the surface resources 
thereon, to the Coos County government. The transfer shall be completed 
not later than one year after the date of the enactment of this Act.
    (b) Lands Excluded.--The transfer under subsection (a) shall not 
include any of the following Coos Bay Wagon Road Grant lands:
            (1) Federal lands within the National Landscape 
        Conservation System as of January 1, 2013.
            (2) Federal lands designated as Areas of Critical 
        Environmental Concern as of January 1, 2013.
            (3) Federal lands that were in the National Wilderness 
        Preservation System as of January 1, 2013.
            (4) Federal lands included in the National Wild and Scenic 
        Rivers System of January 1, 2013.
            (5) Federal lands within the boundaries of a national 
        monument, park, or other developed recreation area as of 
        January 1, 2013.
            (6) All stands of timber generally older than 125 years 
        old, as of January 1, 2011, which shall be conclusively 
        determined by reference to the polygon spatial data layer in 
        the electronic data compilation filed by the Bureau of Land 
        Management based on the predominant birth-date attribute, and 
        the boundaries of such stands shall be conclusively determined 
        for all purposes by the global positioning system coordinates 
        for such stands.
            (7) Tribal lands addressed in subtitle D.
    (c) Management.--
            (1) In general.--Coos County shall manage the Coos Bay 
        Wagon Road Grant lands over which management authority is 
        transferred under subsection (a) consistent with section 314, 
        and for purposes of applying such section, ``Board of 
        Trustees'' shall be deemed to mean ``Coos County'' and ``O&C 
        Trust lands'' shall be deemed to mean the transferred lands.
            (2) Responsibility for management costs.--Coos County shall 
        be responsible for all management and administrative costs of 
        the Coos Bay Wagon Road Grant lands over which management 
        authority is transferred under subsection (a).
            (3) Management contracts.--Coos County may contract, if 
        competitively bid, with one or more public, private, or tribal 
        entities, including (but not limited to) the Coquille Indian 
        Tribe, if such entities are substantially based in Coos or 
        Douglas Counties, Oregon, to manage and administer the lands.
    (d) Treatment of Revenues.--
            (1) In general.--All revenues generated from the Coos Bay 
        Wagon Road Grant lands over which management authority is 
        transferred under subsection (a) shall be deposited in the 
        general fund of the Coos County treasury to be used as are 
        other unrestricted county funds.
            (2) Treasury.--As soon as practicable after the end of the 
        third fiscal year of the transition period and in each of the 
        subsequent seven fiscal years, Coos County shall submit a 
        payment of $400,000 to the United States Treasury.
            (3) Douglas county.--Beginning with the first fiscal year 
        for which management of the Coos Bay Wagon Road Grant lands 
        over which management authority is transferred under subsection 
        (a) generates net positive revenues, and for all subsequent 
        fiscal years, Coos County shall transmit a payment to the 
        general fund of the Douglas County treasury from the net 
        revenues generated from the lands. The payment shall be made as 
        soon as practicable following the end of each fiscal year and 
        the amount of the payment shall bear the same proportion to 
        total net revenues for the fiscal year as the proportion of the 
        Coos Bay Wagon Road Grant lands in Douglas County in relation 
        to all Coos Bay Wagon Road Grant lands in Coos and Douglas 
        Counties as of January 1, 2013.

SEC. 342. TRANSFER OF CERTAIN COOS BAY WAGON ROAD GRANT LANDS TO FOREST 
              SERVICE.

    The Secretary of the Interior shall transfer administrative 
jurisdiction over the Coos Bay Wagon Road Grant lands excluded by 
paragraphs (1) through (6) of section 341(b) to the Secretary of 
Agriculture for inclusion in the National Forest System and 
administration by the Forest Service as provided in section 322.

SEC. 343. LAND EXCHANGE AUTHORITY.

    Coos County may recommend land exchanges to the Secretary of 
Agriculture and carry out such land exchanges in the manner provided in 
section 316.

                      Subtitle C--Oregon Treasures

                      CHAPTER 1--WILDERNESS AREAS

SEC. 351. DESIGNATION OF DEVIL'S STAIRCASE WILDERNESS.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon 
administered by the Forest Service and the Bureau of Land Management, 
comprising approximately 30,520 acres, as generally depicted on the map 
titled ``Devil's Staircase Wilderness Proposal'', dated October 26, 
2009, are designated as a wilderness area for inclusion in the National 
Wilderness Preservation System and to be known as the ``Devil's 
Staircase Wilderness''.
    (b) Map and Legal Description.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall file with the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a map and legal 
description of wilderness area designated by subsection (a). The map 
and legal description 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 description. In the case of any 
discrepancy between the acreage specified in subsection (a) and the 
map, the map shall control. The map and legal description shall be on 
file and available for public inspection in the Office of the Chief of 
the Forest Service.
    (c) Administration.--
            (1) In general.--Subject to valid existing rights, the 
        Devil's Staircase Wilderness Area shall be administered by the 
        Secretaries of Agriculture and the Interior, in accordance with 
        the Wilderness Act and the Oregon Wilderness Act of 1984, 
        except that, with respect to the wilderness area, any reference 
        in the Wilderness Act to the effective date of that Act shall 
        be deemed to be a reference to the date of the enactment of 
        this Act.
            (2) Forest service roads.--As provided in section 4(d)(1) 
        of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of 
        Agriculture shall--
                    (A) decommission any National Forest System road 
                within the wilderness boundaries; and
                    (B) convert Forest Service Road 4100 within the 
                wilderness boundary to a trail for primitive 
                recreational use.
    (d) Incorporation of Acquired Land and Interests.--Any land within 
the boundary of the wilderness area designated by this section that is 
acquired by the United States shall--
            (1) become part of the Devil's Staircase Wilderness Area; 
        and
            (2) be managed in accordance with this section and any 
        other applicable law.
    (e) Fish and Wildlife.--Nothing in this section shall be construed 
as affecting the jurisdiction or responsibilities of the State of 
Oregon with respect to wildlife and fish in the national forests.
    (f) Withdrawal.--Subject to valid rights in existence on the date 
of enactment of this Act, the Federal land designated as wilderness 
area 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.
    (g) Protection of Tribal Rights.--Nothing in this section shall be 
construed to diminish--
            (1) the existing rights of any Indian tribe; or
            (2) tribal rights regarding access to Federal lands for 
        tribal activities, including spiritual, cultural, and 
        traditional food gathering activities.

SEC. 352. 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 Forest 
        Service.
    (c) Administration.--Subject to valid existing rights, the area 
designated as wilderness by this section shall be administered by the 
Secretary of Agriculture 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.

  CHAPTER 2--WILD AND SCENIC RIVER DESIGNATED AND RELATED PROTECTIONS

SEC. 361. WILD AND SCENIC RIVER DESIGNATIONS, MOLALLA RIVER.

    (a) Designations.--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:
            ``(__) Molalla river, oregon.--The following segments in 
        the State of Oregon, to be administered by the Secretary of the 
        Interior as a recreational river:
                    ``(A) The approximately 15.1-mile segment from the 
                southern boundary line of T. 7 S., R. 4 E., sec. 19, 
                downstream to the edge of the Bureau of Land Management 
                boundary in T. 6 S., R. 3 E., sec. 7.
                    ``(B) The approximately 6.2-mile segment from the 
                easternmost Bureau of Land Management boundary line in 
                the NE\1/4\ sec. 4, T. 7 S., R. 4 E., downstream to the 
                confluence with the Molalla River.''.
    (b) Technical Corrections.--Section 3(a)(102) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended--
            (1) in the heading, by striking ``Squaw Creek'' and 
        inserting ``Whychus Creek'';
            (2) in the matter preceding subparagraph (A), by striking 
        ``McAllister Ditch, including the Soap Fork Squaw Creek, the 
        North Fork, the South Fork, the East and West Forks of Park 
        Creek, and Park Creek Fork'' and inserting ``Plainview Ditch, 
        including the Soap Creek, the North and South Forks of Whychus 
        Creek, the East and West Forks of Park Creek, and Park Creek''; 
        and
            (3) in subparagraph (B), by striking ``McAllister Ditch'' 
        and inserting ``Plainview Ditch''.

SEC. 362. WILD AND SCENIC RIVERS ACT TECHNICAL CORRECTIONS RELATED TO 
              CHETCO RIVER.

    Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)(69)) is amended--
            (1) by inserting before the ``The 44.5-mile'' the 
        following:
            ``(A) Designations.--'';
            (2) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively (and by moving the 
        margins 2 ems to the right);
            (3) in clause (i), as redesignated--
                    (A) by striking ``25.5-mile'' and inserting ``27.5-
                mile''; and
                    (B) by striking ``Boulder Creek at the Kalmiopsis 
                Wilderness boundary'' and inserting ``Mislatnah 
                Creek'';
            (4) in clause (ii), as redesignated--
                    (A) by striking ``8'' and inserting ``7.5'';
                    (B) by striking ``Boulder Creek'' and inserting 
                ``Mislatnah Creek''; and
                    (C) by striking ``Steel Bridge'' and inserting 
                ``Eagle Creek'';
            (5) in clause (iii), as redesignated--
                    (A) by striking ``11'' and inserting ``9.5''; and
                    (B) by striking ``Steel Bridge'' and inserting 
                ``Eagle Creek''; and
            (6) by adding at the end the following:
            ``(B) Withdrawal.--Subject to valid rights, the Federal 
        land within the boundaries of the river segments designated by 
        subparagraph (A), is withdrawn from all forms of--
                    ``(i) entry, appropriation, or disposal under the 
                public land laws;
                    ``(ii) location, entry, and patent under the mining 
                laws; and
                    ``(iii) disposition under all laws pertaining to 
                mineral and geothermal leasing or mineral materials.''.

SEC. 363. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN 
              CREEK.

    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:
            ``(__) Franklin creek, oregon.--The 4.5-mile segment from 
        the headwaters to the private land boundary in section 8 to be 
        administered by the Secretary of Agriculture as a wild river.
            ``(__) Wasson creek, oregon.--
                    ``(A) The 4.2-mile segment from the eastern edge of 
                section 17 downstream to the boundary of sections 11 
                and 12 to be administered by the Secretary of Interior 
                as a wild river.
                    ``(B) The 5.9-mile segment downstream from the 
                boundary of sections 11 and 12 to the private land 
                boundary in section 22 to be administered by the 
                Secretary of Agriculture as a wild river.''.

SEC. 364. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE RIVER AREA.

    (a) Designations.--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.

SEC. 365. ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES.

    (a) Withdrawal.--Subject to valid rights, the Federal land within a 
quarter-mile on each side of the streams listed in subsection (b) 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.
    (b) Stream Segments.--Subsection (a) applies the following 
tributaries of the Rogue River:
            (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.

                   CHAPTER 3--ADDITIONAL PROTECTIONS

SEC. 371. LIMITATIONS ON LAND ACQUISITION.

    (a) Prohibition on Use of Condemnation.--The Secretary of the 
Interior or the Secretary of Agriculture may not acquire by 
condemnation any land or interest within the boundaries of the river 
segments or wilderness designated by this subtitle.
    (b) Landowner Consent Required.--Private or non-Federal public 
property shall not be included within the boundaries of the river 
segments or wilderness designated by this subtitle unless the owner of 
the property has consented in writing to having that property included 
in such boundaries.

SEC. 372. OVERFLIGHTS.

    (a) In General.--Nothing in this subtitle or the Wilderness Act 
shall preclude low-level overflights and operations of military 
aircraft, helicopters, missiles, or unmanned aerial vehicles over the 
wilderness designated by this subtitle, including military overflights 
and operations that can be seen or heard within the wilderness.
    (b) Special Use Airspace and Training Routes.--Nothing in this 
subtitle or the Wilderness Act shall preclude the designation of new 
units of special use airspace, the expansion of existing units of 
special use airspace, or the use or establishment of military training 
routes over wilderness designated by this subtitle.

SEC. 373. BUFFER ZONES.

    Nothing in this subtitle--
            (1) establishes or authorizes the establishment of a 
        protective perimeter or buffer zone around the boundaries of 
        the river segments or wilderness designated by this subtitle; 
        or
            (2) precludes, limits, or restricts an activity from being 
        conducted outside such boundaries, including an activity that 
        can be seen or heard from within such boundaries.

SEC. 374. PREVENTION OF WILDFIRES.

    The designation of a river segment or wilderness by this subtitle 
or the withdrawal of the Federal land under this subtitle shall not be 
construed to interfere with the authority of the Secretary of the 
Interior or the Secretary of Agriculture to authorize mechanical 
thinning of trees or underbrush to prevent or control the spread of 
wildfires, or conditions creating the risk of wildfire that threatens 
areas outside the boundary of the wilderness, or the use of mechanized 
equipment for wildfire pre-suppression and suppression.

SEC. 375. LIMITATION ON DESIGNATION OF CERTAIN LANDS IN OREGON.

    A national monument designation under the Act of June 8, 1906 
(commonly known as the Antiquities Act; 16 U.S.C. 431 et seq.) within 
or on any portion of the Oregon and California Railroad Grant Lands or 
the O&C Region Public Domain lands, regardless of whether management 
authority over the lands are transferred to the O&C Trust pursuant to 
section 311(c)(1), the lands are excluded from the O&C Trust pursuant 
to section 311(c)(2), or the lands are transferred to the Forest 
Service under section 321, shall only be made pursuant to Congressional 
approval in an Act of Congress.

                       CHAPTER 4--EFFECTIVE DATE

SEC. 381. EFFECTIVE DATE.

    (a) In General.--This subtitle and the amendments made by this 
subtitle shall take effect on October 1 of the second fiscal year of 
the transition period.
    (b) Exception.--If, as a result of judicial review authorized by 
section 312, any provision of subtitle A is held to be invalid and 
implementation of the provision or any activity conducted under the 
provision is enjoined, this subtitle and the amendments made by this 
subtitle shall not take effect, or if the effective date specified in 
subsection (a) has already occurred, this subtitle shall have no force 
and effect and the amendments made by this subtitle are repealed.

                     Subtitle D--Tribal Trust Lands

                 PART 1--COUNCIL CREEK LAND CONVEYANCE

SEC. 391. DEFINITIONS.

    In this part:
            (1) Council creek land.--The term ``Council Creek land'' 
        means the approximately 17,519 acres of land, as generally 
        depicted on the map entitled ``Canyon Mountain Land 
        Conveyance'' and dated June 27, 2013.
            (2) Tribe.--The term ``Tribe'' means the Cow Creek Band of 
        Umpqua Tribe of Indians.

SEC. 392. CONVEYANCE.

    (a) In General.--Subject to valid existing rights, including 
rights-of-way, all right, title, and interest of the United States in 
and to the Council Creek land, including any improvements located on 
the land, appurtenances to the land, and minerals on or in the land, 
including oil and gas, shall be--
            (1) held in trust by the United States for the benefit of 
        the Tribe; and
            (2) part of the reservation of the Tribe.
    (b) Survey.--Not later than one year after the date of enactment of 
this Act, the Secretary of the Interior shall complete a survey of the 
boundary lines to establish the boundaries of the land taken into trust 
under subsection (a).

SEC. 393. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary of the Interior shall file a map and legal 
description of the Council Creek land with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The map and legal description filed under 
subsection (a) shall have the same force and effect as if included in 
this Act, except that the Secretary of the Interior may correct any 
clerical or typographical errors in the map or legal description.
    (c) Public Availability.--The map and legal description filed under 
subsection (a) shall be on file and available for public inspection in 
the Office of the Secretary of the Interior.

SEC. 394. ADMINISTRATION.

    (a) In General.--Unless expressly provided in this part, nothing in 
this part affects any right or claim of the Tribe existing on the date 
of enactment of this Act to any land or interest in land.
    (b) Prohibitions.--
            (1) Exports of unprocessed logs.--Federal law (including 
        regulations) relating to the export of unprocessed logs 
        harvested from Federal land shall apply to any unprocessed logs 
        that are harvested from the Council Creek land.
            (2) Non-permissible use of land.--Any real property taken 
        into trust under section 392 shall not be eligible, or used, 
        for any gaming activity carried out under Public Law 100-497 
        (25 U.S.C. 2701 et seq.).
    (c) Forest Management.--Any forest management activity that is 
carried out on the Council Creek land shall be managed in accordance 
with all applicable Federal laws.

                 PART 2--OREGON COASTAL LAND CONVEYANCE

SEC. 395. DEFINITIONS.

    In this part:
            (1) Oregon coastal land.--The term ``Oregon Coastal land'' 
        means the approximately 14,804 acres of land, as generally 
        depicted on the map entitled ``Oregon Coastal Land Conveyance'' 
        and dated March 5, 2013.
            (2) Confederated tribes.--The term ``Confederated Tribes'' 
        means the Confederated Tribes of Coos, Lower Umpqua, and 
        Siuslaw Indians.

SEC. 396. CONVEYANCE.

    (a) In General.--Subject to valid existing rights, including 
rights-of-way, all right, title, and interest of the United States in 
and to the Oregon Coastal land, including any improvements located on 
the land, appurtenances to the land, and minerals on or in the land, 
including oil and gas, shall be--
            (1) held in trust by the United States for the benefit of 
        the Confederated Tribes; and
            (2) part of the reservation of the Confederated Tribes.
    (b) Survey.--Not later than one year after the date of enactment of 
this Act, the Secretary of the Interior shall complete a survey of the 
boundary lines to establish the boundaries of the land taken into trust 
under subsection (a).

SEC. 397. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary of the Interior shall file a map and legal 
description of the Oregon Coastal land with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The map and legal description filed under 
subsection (a) shall have the same force and effect as if included in 
this Act, except that the Secretary of the Interior may correct any 
clerical or typographical errors in the map or legal description.
    (c) Public Availability.--The map and legal description filed under 
subsection (a) shall be on file and available for public inspection in 
the Office of the Secretary of the Interior.

SEC. 398. ADMINISTRATION.

    (a) In General.--Unless expressly provided in this part, nothing in 
this part affects any right or claim of the Consolidated Tribes 
existing on the date of enactment of this Act to any land or interest 
in land.
    (b) Prohibitions.--
            (1) Exports of unprocessed logs.--Federal law (including 
        regulations) relating to the export of unprocessed logs 
        harvested from Federal land shall apply to any unprocessed logs 
        that are harvested from the Oregon Coastal land.
            (2) Non-permissible use of land.--Any real property taken 
        into trust under section 396 shall not be eligible, or used, 
        for any gaming activity carried out under Public Law 100-497 
        (25 U.S.C. 2701 et seq.).
    (c) Forest Management.--Any forest management activity that is 
carried out on the Oregon Coastal land shall be managed in accordance 
with all applicable Federal laws.

          TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION

SEC. 401. PURPOSE AND DEFINITIONS.

    (a) Purpose.--The purpose of this title is to generate dependable 
economic activity for counties and local governments by establishing a 
demonstration program for local, sustainable forest management.
    (b) Definitions.--In this title:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee appointed by the Governor of a 
        State for the community forest demonstration area established 
        for the State.
            (2) Community forest demonstration area.--The term 
        ``community forest demonstration area'' means a community 
        forest demonstration area established for a State under section 
        402.
            (3) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)), except that the term does not include 
        the National Grasslands and land utilization projects 
        designated as National Grasslands administered pursuant to the 
        Act of July 22, 1937 (7 U.S.C. 1010-1012).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture or the designee of the Secretary of Agriculture.
            (5) State.--The term ``State'' includes the Commonwealth of 
        Puerto Rico.

SEC. 402. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.

    (a) Establishment Required; Time for Establishment.--Subject to 
subsection (c) and not later than one year after the date of the 
enactment of this Act, the Secretary of Agriculture shall establish a 
community forest demonstration area at the request of the Advisory 
Committee appointed to manage community forest demonstration area land 
in that State.
    (b) Covered Land.--
            (1) Inclusion of national forest system land.--The 
        community forest demonstration areas of a State shall consist 
        of the National Forest System land in the State identified for 
        inclusion by the Advisory Committee of that State.
            (2) Exclusion of certain land.--A community forest 
        demonstration area shall not include National Forest System 
        land--
                    (A) that is a component of the National Wilderness 
                Preservation System;
                    (B) on which the removal of vegetation is 
                specifically prohibited by Federal statute;
                    (C) National Monuments; or
                    (D) over which administration jurisdiction was 
                first assumed by the Forest Service under title III.
    (c) Conditions on Establishment.--
            (1) Acreage requirement.--A community forest demonstration 
        area must include at least 200,000 acres of National Forest 
        System land. If the unit of the National Forest System in which 
        a community forest demonstration area is being established 
        contains more than 5,000,000 acres, the community forest 
        demonstration area may include 900,000 or more acres of 
        National Forest System land.
            (2) Management law or best management practices 
        requirement.--A community forest demonstration area may be 
        established in a State only if the State--
                    (A) has a forest practices law applicable to State 
                or privately owned forest land in the State; or
                    (B) has established silvicultural best management 
                practices or other regulations for forest management 
                practices related to clean water, soil quality, 
                wildlife or forest health.
            (3) Revenue sharing requirement.--As a condition of the 
        inclusion in a community forest demonstration area of National 
        Forest System land located in a particular county in a State, 
        the county must enter into an agreement with the Governor of 
        the State that requires that, in utilizing revenues received by 
        the county under section 406(b), the county shall continue to 
        meet any obligations under applicable State law as provided 
        under title I of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7111 et seq.) or as 
        provided in the sixth paragraph under the heading ``FOREST 
        SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 500) and 
        section 13 of the Act of March 1, 1911 (16 U.S.C. 500).
    (d) Treatment Under Certain Other Laws.--National Forest System 
land included in a community forest demonstration area shall not be 
considered Federal land for purposes of--
            (1) making payments to counties under the sixth paragraph 
        under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 
        (16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (16 
        U.S.C. 500); or
            (2) title I.
    (e) Acreage Limitation.--Not more than a total of 4,000,000 acres 
of National Forest System land may be established as community forest 
demonstration areas.
    (f) Recognition of Valid and Existing Rights.--Nothing in this 
title shall be construed to limit or restrict--
            (1) access to National Forest System land included in a 
        community forest demonstration area for hunting, fishing, and 
        other related purposes; or
            (2) valid and existing rights regarding such National 
        Forest System land, including rights of any federally 
        recognized Indian tribe.

SEC. 403. ADVISORY COMMITTEE.

    (a) Appointment.--A community forest demonstration area for a State 
shall be managed by an Advisory Committee appointed by the Governor of 
the State.
    (b) Composition.--The Advisory Committee for a community forest 
demonstration area in a State shall include, but is not limited to, the 
following members:
            (1) One member who holds county or local elected office, 
        appointed from each county or local governmental unit in the 
        State containing community forest demonstration area land.
            (2) One member who represents the commercial timber, wood 
        products, or milling industry.
            (3) One member who represents persons holding Federal 
        grazing or other land use permits.
            (4) One member who represents recreational users of 
        National Forest System land.
    (c) Terms.--
            (1) In general.--Except in the case of certain initial 
        appointments required by paragraph (2), members of an Advisory 
        Committee shall serve for a term of three years.
            (2) Initial appointments.--In making initial appointments 
        to an Advisory Committee, the Governor making the appointments 
        shall stagger terms so that at least one-third of the members 
        will be replaced every three years.
    (d) Compensation.--Members of a Advisory Committee shall serve 
without pay, but may be reimbursed from the funds made available for 
the management of a community forest demonstration area for the actual 
and necessary travel and subsistence expenses incurred by members in 
the performance of their duties.

SEC. 404. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.

    (a) Assumption of Management.--
            (1) Confirmation.--The Advisory Committee appointed for a 
        community forest demonstration area shall assume all management 
        authority with regard to the community forest demonstration 
        area as soon as the Secretary confirms that--
                    (A) the National Forest System land to be included 
                in the community forest demonstration area meets the 
                requirements of subsections (b) and (c) of section 402;
                    (B) the Advisory Committee has been duly appointed 
                under section 403 and is able to conduct business; and
                    (C) provision has been made for essential 
                management services for the community forest 
                demonstration area.
            (2) Scope and time for confirmation.--The determination of 
        the Secretary under paragraph (1) is limited to confirming 
        whether the conditions specified in subparagraphs (A) and (B) 
        of such paragraph have been satisfied. The Secretary shall make 
        the determination not later than 60 days after the date of the 
        appointment of the Advisory Committee.
            (3) Effect of failure to confirm.--If the Secretary 
        determines that either or both conditions specified in 
        subparagraphs (A) and (B) of paragraph (1) are not satisfied 
        for confirmation of an Advisory Committee, the Secretary 
        shall--
                    (A) promptly notify the Governor of the affected 
                State and the Advisory Committee of the reasons 
                preventing confirmation; and
                    (B) make a new determination under paragraph (2) 
                within 60 days after receiving a new request from the 
                Advisory Committee that addresses the reasons that 
                previously prevented confirmation.
    (b) Management Responsibilities.--Upon assumption of management of 
a community forest demonstration area, the Advisory Committee for the 
community forest demonstration area shall manage the land and resources 
of the community forest demonstration area and the occupancy and use 
thereof in conformity with this title, and to the extent not in 
conflict with this title, the laws and regulations applicable to 
management of State or privately-owned forest lands in the State in 
which the community forest demonstration area is located.
    (c) Applicability of Other Federal Laws.--
            (1) In general.--The administration and management of a 
        community forest demonstration area, including implementing 
        actions, shall not be considered Federal action and shall be 
        subject to the following only to the extent that such laws 
        apply to the State or private administration and management of 
        forest lands in the State in which the community forest 
        demonstration area is located:
                    (A) The Federal Water Pollution Control Act (33 
                U.S.C. 1251 note).
                    (B) The Clean Air Act (42 U.S.C. 7401 et seq.).
                    (C) The Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).
                    (D) Federal laws and regulations governing 
                procurement by Federal agencies.
                    (E) Except as provided in paragraph (2), other 
                Federal laws.
            (2) Applicability of native american graves protection and 
        repatriation act.--Notwithstanding the assumption by an 
        Advisory Committee of management of a community forest 
        demonstration area, the Native American Graves Protection and 
        Repatriation Act (25 U.S.C. 3001 et seq.) shall continue to 
        apply to the National Forest System land included in the 
        community forest demonstration area.
    (d) Consultation.--
            (1) With indian tribes.--The Advisory Committee for a 
        community forest demonstration area shall cooperate and consult 
        with Indian tribes on management policies and practices for the 
        community forest demonstration area that may affect the Indian 
        tribes. The Advisory Committee shall take into consideration 
        the use of lands within the community forest demonstration area 
        for religious and cultural uses by Native Americans.
            (2) With collaborative groups.--The Advisory Committee for 
        a community forest demonstration area shall consult with any 
        applicable forest collaborative group.
    (e) Recreation.--Nothing in this section shall affect public use 
and recreation within a community forest demonstration area.
    (f) Fire Management.--The Secretary shall provide fire 
presuppression, suppression, and rehabilitation services on and with 
respect to a community forest demonstration area to the same extent 
generally authorized in other units of the National Forest System.
    (g) Prohibition on Export.--As a condition on the sale of timber or 
other forest products from a community forest demonstration area, 
unprocessed timber harvested from a community forest demonstration area 
may not be exported in accordance with subpart F of part 223 of title 
36, Code of Federal Regulations.

SEC. 405. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST DEMONSTRATION 
              AREA.

    (a) Retention of Funds for Management.--The Advisory Committee 
appointed for a community forest demonstration area may retain such 
sums as the Advisory Committee considers to be necessary from amounts 
generated from that community forest demonstration area to fund the 
management, administration, restoration, operation and maintenance, 
improvement, repair, and related expenses incurred with respect to the 
community forest demonstration area.
    (b) Funds to Counties or Local Governmental Units.--Subject to 
subsection (a) and section 407, the Advisory Committee for a community 
forest demonstration area in a State shall distribute funds generated 
from that community forest demonstration area to each county or local 
governmental unit in the State in an amount proportional to the funds 
received by the county or local governmental unit under title I of the 
Secure Rural Schools and Community Self-Determination Act of 2000 (16 
U.S.C. 7111 et seq.).

SEC. 406. INITIAL FUNDING AUTHORITY.

    (a) Funding Source.--Counties may use such sum as the counties 
consider to be necessary from the amounts made available to the 
counties under section 501 to provide initial funding for the 
management of community forest demonstration areas.
    (b) No Restriction on Use of Non-Federal Funds.--Nothing in this 
title restricts the Advisory Committee of a community forest 
demonstration area from seeking non-Federal loans or other non-Federal 
funds for management of the community forest demonstration area.

SEC. 407. PAYMENTS TO UNITED STATES TREASURY.

    (a) Payment Requirement.--As soon as practicable after the end of 
the fiscal year in which a community forest demonstration area is 
established and as soon as practicable after the end of each subsequent 
fiscal year, the Advisory Committee for a community forest 
demonstration area shall make a payment to the United States Treasury.
    (b) Payment Amount.--The payment for a fiscal year under subsection 
(a) with respect to a community forest demonstration area shall be 
equal to 75 percent of the quotient obtained by dividing--
            (1) the number obtained by multiplying the number of acres 
        of land in the community forest demonstration area by the 
        average annual receipts generated over the preceding 10-fiscal 
        year period from the unit or units of the National Forest 
        System containing that community forest demonstration area; by
            (2) the total acres of National Forest System land in that 
        unit or units of the National Forest System.

SEC. 408. TERMINATION OF COMMUNITY FOREST DEMONSTRATION AREA.

    (a) Termination Authority.--Subject to approval by the Governor of 
the State, the Advisory Committee for a community forest demonstration 
area may terminate the community forest demonstration area by a 
unanimous vote.
    (b) Effect of Termination.--Upon termination of a community forest 
demonstration area, the Secretary shall immediately resume management 
of the National Forest System land that had been included in the 
community forest demonstration area, and the Advisory Committee shall 
be dissolved.
    (c) Treatment of Undistributed Funds.--Any revenues from the 
terminated area that remain undistributed under section 405 more than 
30 days after the date of termination shall be deposited in the general 
fund of the Treasury for use by the Forest Service in such amounts as 
may be provided in advance in appropriation Acts.

  TITLE V--REAUTHORIZATION AND AMENDMENT OF EXISTING AUTHORITIES AND 
                             OTHER MATTERS

SEC. 501. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
              DETERMINATION ACT OF 2000 PENDING FULL OPERATION OF 
              FOREST RESERVE REVENUE AREAS.

    (a) Beneficiary Counties.--During the month of February 2015, the 
Secretary of Agriculture shall distribute to each beneficiary county 
(as defined in section 102(2)) a payment equal to the amount 
distributed to the beneficiary county for fiscal year 2010 under 
section 102(c)(1) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(c)(1)).
    (b) Counties That Were Eligible for Direct County Payments.--
            (1) Total amount available for payments.--During the month 
        of February 2015, the Secretary of the Interior shall 
        distribute to all counties that received a payment for fiscal 
        year 2010 under subsection (a)(2) of section 102 of the Secure 
        Rural Schools and Community Self-Determination Act of 2000 (16 
        U.S.C. 7112) payments in a total amount equal to the difference 
        between--
                    (A) the total amount distributed to all such 
                counties for fiscal year 2010 under subsection (c)(1) 
                of such section; and
                    (B) $27,000,000.
            (2) County share.--From the total amount determined under 
        paragraph (1), each county described in such paragraph shall 
        receive, during the month of February 2015, an amount that 
        bears the same proportion to the total amount made available 
        under such paragraph as that county's payment for fiscal year 
        2010 under subsection (c)(1) of section 102 of the Secure Rural 
        Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
        7112) bears to the total amount distributed to all such 
        counties for fiscal year 2010 under such subsection.
    (c) Effect on 25-percent and 50-percent Payments.--A county that 
receives a payment made under subsection (a) or (b) may not receive a 
25-percent payment or 50-percent payment (as those terms are defined in 
section 3 of the Secure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7102)) for fiscal year 2015.

SEC. 502. RESTORING ORIGINAL CALCULATION METHOD FOR 25-PERCENT 
              PAYMENTS.

    (a) Amendment of Act of May 23, 1908.--The sixth paragraph under 
the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 
500) is amended in the first sentence--
            (1) by striking ``the annual average of 25 percent of all 
        amounts received for the applicable fiscal year and each of the 
        preceding 6 fiscal years'' and inserting ``25 percent of all 
        amounts received for the applicable fiscal year'';
            (2) by striking ``said reserve'' both places it appears and 
        inserting ``the national forest''; and
            (3) by striking ``forest reserve'' both places it appears 
        and inserting ``national forest''.
    (b) Conforming Amendment to Weeks Law.--Section 13 of the Act of 
March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500) is 
amended in the first sentence by striking ``the annual average of 25 
percent of all amounts received for the applicable fiscal year and each 
of the preceding 6 fiscal years'' and inserting ``25 percent of all 
amounts received for the applicable fiscal year''.

SEC. 503. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR 
              COOPERATION WITH STATES TO REDUCE WILDFIRE RISKS.

    (a) Definitions.--In this section:
            (1) Eligible state.--The term ``eligible State'' means a 
        State that contains National Forest System land or land under 
        the jurisdiction of the Bureau of Land Management.
            (2) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; or
                    (B) the Secretary of the Interior, with respect to 
                land under the jurisdiction of the Bureau of Land 
                Management.
            (3) State forester.--The term ``State forester'' means the 
        head of a State agency with jurisdiction over State forestry 
        programs in an eligible State.
    (b) Cooperative Agreements and Contracts Authorized.--The Secretary 
may enter into a cooperative agreement or contract (including a sole 
source contract) with a State forester to authorize the State forester 
to provide the forest, rangeland, and watershed restoration, 
management, and protection services described in subsection (c) on 
National Forest System land or land under the jurisdiction of the 
Bureau of Land Management, as applicable, in the eligible State.
    (c) Authorized Services.--The forest, rangeland, and watershed 
restoration, management, and protection services referred to in 
subsection (b) include the conduct of--
            (1) activities to treat insect infected forests;
            (2) activities to reduce hazardous fuels;
            (3) activities involving commercial harvesting or other 
        mechanical vegetative treatments; or
            (4) any other activities to restore or improve forest, 
        rangeland, and watershed health, including fish and wildlife 
        habitat.
    (d) State as Agent.--Except as provided in subsection (g), a 
cooperative agreement or contract entered into under subsection (b) may 
authorize the State forester to serve as the agent for the Secretary in 
providing the restoration, management, and protection services 
authorized under subsection (b).
    (e) Subcontracts.--In accordance with applicable contract 
procedures for the eligible State, a State forester may enter into 
subcontracts to provide the restoration, management, and protection 
services authorized under a cooperative agreement or contract entered 
into under subsection (b).
    (f) Timber Sales.--Subsections (d) and (g) of section 14 of the 
National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply 
to services performed under a cooperative agreement or contract entered 
into under subsection (b).
    (g) Retention of NEPA Responsibilities.--Any decision required to 
be made under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to any restoration, management, or 
protection services to be provided under this section by a State 
forester on National Forest System land or Bureau of Land Management 
land, as applicable, shall not be delegated to a State forester or any 
other officer or employee of the eligible State.
    (h) Applicable Law.--The restoration, management, and protection 
services to be provided under this section shall be carried out on a 
project-to-project basis under existing authorities of the Forest 
Service or Bureau of Land Management, as applicable.

SEC. 504. STEWARDSHIP END RESULT CONTRACTING PROJECT AUTHORITY.

    (a) Extension of Authority.--Effective October 1, 2014, section 
347(a) of the Department of the Interior and Related Agencies 
Appropriations Act, 1999 (as contained in section 101(e) of division A 
of Public Law 105-277; 16 U.S.C. 2104 note) is amended by striking 
``2013'' and inserting ``2017''.
    (b) Duration of Contracts.--Section 347(c)(2) of the Department of 
the Interior and Related Agencies Appropriations Act, 1999 (as 
contained in section 101(e) of division A of Public Law 105-277; 16 
U.S.C. 2104 note) is amended by striking ``10 years'' and inserting 
``20 years''.
    (c) Cancellation Ceiling.--Section 347(c) of the Department of the 
Interior and Related Agencies Appropriations Act, 1999 (as contained in 
section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 
note) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (6) and (7), respectively; and
            (2) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) Cancellation ceiling.--
                    ``(A) Authority.--The Chief of the Forest Service 
                and the Director of the Bureau of Land Management may 
                obligate funds to cover any potential cancellation or 
                termination costs for an agreement or contract under 
                subsection (a) in stages that are economically or 
                programmatically viable.
                    ``(B) Notice to congress.--Not later than 30 days 
                before entering into a multiyear agreement or contract 
                under subsection (a) that includes a cancellation 
                ceiling in excess of $25,000,000, but does not include 
                proposed funding for the costs of cancelling the 
                agreement or contract up to the cancellation ceiling 
                established in the agreement or contract, the Chief or 
                the Director, as the case may be, shall submit to the 
                Committee on Energy and Natural Resources of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives a written notice that includes--
                            ``(i) the cancellation ceiling amounts 
                        proposed for each program year in the agreement 
                        or contract and the reasons for such 
                        cancellation ceiling amounts;
                            ``(ii) the extent to which the costs of 
                        contract cancellation are not included in the 
                        budget for the agreement or contract; and
                            ``(iii) an assessment of the financial risk 
                        of not including budgeting for the costs of 
                        agreement or contract cancellation.
                    ``(C) Notice to omb.--At least 14 days before the 
                date on which the Chief or Director enters into an 
                agreement or contract under subsection (a), the Chief 
                or Director shall transmit to the Director of the 
                Office of Management and Budget a copy of any written 
                notice submitted under subparagraph (B) with regard to 
                such agreement or contract.''.
    (d) Fire Liability.--Section 347(c) of the Department of the 
Interior and Related Agencies Appropriations Act, 1999 (as contained in 
section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 
note) is amended by inserting after paragraph (4), as added by 
subsection (c) of this section, the following new paragraph:
            ``(5) Fire liability provisions.--Not later than 90 days 
        after the date of enactment of this paragraph, the Chief of the 
        Forest Service and the Director of the Bureau of Land 
        Management shall issue, for use in all contracts and agreements 
        under subsection (a), fire liability provisions that are in 
        substantially the same form as the fire liability provisions 
        contained in--
                    ``(A) integrated resource timber contracts, as 
                described in the Forest Service contract numbered 2400-
                13, part H, section H.4; and
                    ``(B) timber sale contracts conducted pursuant to 
                section 14 of the National Forest Management Act of 
                1976 (16 U.S.C. 472a).''.

SEC. 505. CLARIFICATION OF NATIONAL FOREST MANAGEMENT ACT OF 1976 
              AUTHORITY.

    Section 14(g) of the National Forest Management Act of 1976 (16 
U.S.C. 472a(g)) is amended by striking ``Designation, marking when 
necessary,'' and inserting ``Designation, including marking when 
necessary, or designation by description or by prescription,''.

SEC. 506. TREATMENT AS SUPPLEMENTAL FUNDING.

    None of the funds made available to a beneficiary county (as 
defined in section 102(2)) or other political subdivision of a State 
under this Act shall be used in lieu of or to otherwise offset State 
funding sources for local schools, facilities, or educational purposes.

SEC. 507. EXCEPTION OF CERTAIN FOREST PROJECTS AND ACTIVITIES FROM 
              APPEALS REFORM ACT AND OTHER REVIEW.

    Section 322 of the Department of the Interior and Related Agencies 
Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note) and 
section 428 of Division E of the Consolidated Appropriations Act, 2012 
(Public Law 112-74; 125 Stat. 1046; 16 U.S.C. 6515 note) shall not 
apply to any project or activity implementing a land and resource 
management plan developed under section 6 of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) that is 
categorically excluded from documentation in an environmental 
assessment or an environmental impact statement under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 508. DEFINITION OF FIRE SUPPRESSION TO INCLUDE CERTAIN RELATED 
              ACTIVITIES.

    For purposes of utilizing amounts made available to the Secretary 
of Agriculture or the Secretary of the Interior for fire suppression 
activities, including funds made available from the FLAME Fund, the 
term ``fire suppression'' includes reforestation, site rehabilitation, 
salvage operations, and replanting occurring following fire damage on 
lands under the jurisdiction of the Secretary concerned or following 
fire suppression efforts on such lands by the Secretary concerned.

SEC. 509. PROHIBITION ON CERTAIN ACTIONS REGARDING FOREST SERVICE ROADS 
              AND TRAILS.

    The Forest Service shall not remove or otherwise eliminate or 
obliterate any legally created road or trail unless there has been a 
specific decision, which included adequate and appropriate public 
involvement, to decommission the specific road or trail in question. 
The fact that any road or trail is a not a Forest System road or trail, 
or does not appear on a Motor Vehicle Use Map, shall not constitute a 
decision.

            Passed the House of Representatives September 20, 2013.

            Attest:

                                                                 Clerk.
113th CONGRESS

  1st Session

                               H. R. 1526

_______________________________________________________________________

                                 AN ACT

To restore employment and educational opportunities in, and improve the 
economic stability of, counties containing National Forest System land, 
 while also reducing Forest Service management costs, by ensuring that 
such counties have a dependable source of revenue from National Forest 
   System land, to provide a temporary extension of the Secure Rural 
  Schools and Community Self-Determination Act of 2000, and for other 
                               purposes.