House Report 113-213 - RESTORING HEALTHY FORESTS FOR HEALTHY COMMUNITIES ACT

[House Report 113-213]
[From the U.S. Government Publishing Office]

113th Congress Rept. 113-213
HOUSE OF REPRESENTATIVES
1st Session Part 1

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RESTORING HEALTHY FORESTS FOR HEALTHY COMMUNITIES ACT

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September 17, 2013.--Ordered to be printed

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Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following

R E P O R T

together with

ADDITIONAL VIEWS

[To accompany H.R. 1526]

[Including cost estimate of the Congressional Budget Office]

The Committee on Natural Resources, to whom was referred
the bill (H.R. 1526) 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, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:

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.

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.

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.

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
shall not 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 unless
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).
(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.

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.

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.

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
60 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 title--
(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 ``Council Creek 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 180 days 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 commercial forestry 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 180 days 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 commercial forestry 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 law;
(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.
(2) Management law requirement.--A community forest
demonstration area may be established in a State only if the
State has a forest practices law applicable to State or
privately owned forest land in the State.
(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 2,000,000 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 223.48 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.--No later than February 2014, 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.--No later
than February 2014, the Secretary of the Interior shall distribute to
each county that received a payment for fiscal year 2010 under section
102(a)(2) of the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7112(a)(2)) a payment equal to the amount
distributed to the 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)).

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.--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.).

Purpose of the Bill

The purpose of H.R. 1526 is 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, and to provide a temporary
extension of the Secure Rural Schools and Community Self-
Determination Act of 2000.

Background and Need for Legislation

Under federal law passed in 1908, the U.S. Forest Service
has historically shared 25 percent of all timber revenues with
rural counties containing National Forest land to compensate
them for large amounts of federal land that cannot be locally
taxed. Since that time, these ``25% payments'' have provided
counties with much-needed funding for essential services such
as education and infrastructure. However, by the late 1990s,
timber harvests dramatically declined due to federal
overregulation and harmful lawsuits, prompting Congress in 2000
to pass the Secure Rural Schools and Community Self-
Determination Act (SRS).
SRS was created to provide ``transition payments'' over a
six-year period while Congress worked to increase timber
production. It has since been extended several times through
2012. The most recent authorization expired on September 30,
2012, with the last payments distributed in January of 2013. In
the absence of SRS, county payments will revert to 25 percent
of current timber receipts--approximately $60 million, an 80
percent decrease from the Fiscal Year 2012 SRS payment of $320
million.
More urgently, decades of failed policy with respect to
active forest management have created unhealthy and overstocked
forest conditions, placing an estimated 73 million acres of
National Forest land at risk to severe wildfire. The sad
reality is that our federal forests were established for timber
production but in recent decades have become so mismanaged and
tied up by lawsuits that wildfires ravage far, far more trees
and acres of forest than are ever responsibly harvested. The
2013 fire season has already had hundreds of fires burn over
three million acres, while all but one of the last ten fire
seasons have seen over five million acres burned--more than 25
times the number of acres the Forest Service harvests each
year.
Forests today are in many cases several times more dense
than at the turn of the 20th century--for example, ponderosa
pine forests throughout the Rocky Mountain West that used to
contain 25 trees per acre may now have over 1,000. Failure to
thin these forests has resulted in millions of acres of
smaller, weaker trees that are prone to disease, insect
infestation, and drought as evidenced by the current bark
beetle epidemic that has infested over 40 million acres of
National Forest land since 1996.
Despite the fact that National Forests are currently adding
volume at a net rate of 33 percent annually, timber harvests
have declined over 80 percent over the last 30 years. Current
harvest levels only remove 10 percent of annual growth, and 16
percent of annual mortality. Total standing timber volume
across the National Forest System is currently 1.4 trillion
board feet--700 times current harvest levels.
Currently, the Forest Service, an agency that once managed
millions of acres and averaged over one billion dollars in
revenues annually, now spends $2 for every $1 it produces and
spends half of its appropriated budget on wildfire suppression.
A significant factor in declining federal forest health is
a lack of long-term and affordable timber harvest access caused
by litigation. This is, in large part, due to preservationist
organizations using federal statutes like the Endangered
Species Act (ESA) and the National Environmental Policy Act
(NEPA) as tools to litigate timber harvesting. Litigation and
fear of litigation directly impacts how the Forest Service
handles timber operations. The Center for Biological Diversity
is a prime example of an environmental group that has used
litigation and threats to stop forest management. In 2009, CBD
Executive Director Kieran Suckling stated:

When we stop the same timber sale three or four times
running, the timber planners want to tear their hair
out. They feel like their careers are being mocked and
destroyed--and they are. So they become much more
willing to play by our rules and at least get something
done. Psychological warfare is a very underappreciated
aspect of environmental campaigning.

Beginning in the early 1990s, administrative appeals and
litigation slowed Forest Service decision-making, increased
timber program unit costs and reduced contract outputs
(smaller, less economically viable contracts). Activist groups
have become extremely adept at using the administrative process
provided by NEPA and other laws to object to projects on both
procedural and substantive grounds. For example, the Western
Watersheds Project has been active in objecting to Forest
Service NEPA documents on the basis that the agency failed to
adequately study how projects impact sensitive species.
National Forests in Montana this year alone have already
received 17 appeals that have stopped treatment on over 15,000
acres. During an oversight hearing this year in the
Subcommittee on Public Lands and Environmental Regulation, a
witness from the Obama Administration admitted that litigation
in the northern Rockies has ``virtually shut things down on the
national forests.'' The sad result of these lawsuits are
forests that go unmanaged, and valuable timber that could
support American jobs left to burn in wildfires, which kills
species and destroys the forest environment, at times burning
so hot that lands are sterilized.
The lack of access to adequate timber resources has been
devastating to local communities that once relied on federal
forests, both economically and socially, as well as with regard
to the impacts from increased risk of catastrophic wildfire.
Although there are other factors in western timber industry
declines, the main driving factor has been lack of access to
federal forests.
The Restoring Healthy Forests for Healthy Communities Act
is a common sense package of solutions that represent an action
plan for reversing the above described status quo and restore
healthy forest management and timber production to both replace
the need for continued SRS payments and reduce the risk of
wildfire. The Committee has held legislative hearings on each
of the proposals included in this package.

Major Provisions of H.R. 1526

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

This title would enact the long-term solution that Congress
had intended to achieve during the period of SRS payments by
creating a dependable source of revenue through an increase in
sustainable timber harvests. Title I would establish Forest
Reserve Revenues Areas consisting of no less than 50 percent
``commercial'' timber lands capable of producing 20 cubic feet
of timber per year (approximately 49 million acres across the
National Forest System) and would require the Forest Service to
produce an annual timber harvest requirement of no less than
half the sustained yield of the Forest Reserve Revenue Area. In
short, it provides that at least half of the timber that can be
responsibly and sustainably harvested will be each year.

Environmental compliance

NEPA Compliance--The Forest Service must complete an
environmental assessment (EA) for any forest management
project, providing that it is only required to study the action
alternative, must complete the EA within 6 months, and cannot
exceed 100 pages in length. The title also provides a
categorical exclusion for projects in response to a
catastrophic event (fire, weather, insect or disease outbreak),
projects that implement a community wildfire protection plan,
and projects of less than 10,000 acres.
ESA Compliance--The title authorizes the Forest Service to
conduct a ``non-jeopardy assessment'' to justify why a proposed
project will not jeopardize a listed species. The Forest
Service will to enter into required consultation if it
determines that the project will jeopardize a listed species.
Administrative Review--The title subjects the program to
the administrative review process provided under the Healthy
Forests Restoration Act of 2003.
Judicial Review--The title subjects the program to the
judicial review process provided under the Healthy Forests
Restoration Act of 2003, except that plaintiffs are required to
post a bond to cover the cost of litigation.
The expedited administrative and judicial review provisions
of the Healthy Forests Restoration Act of 2003 require that
those eligible for administrative review had to have submitted
written comments on the project. A complainant can then seek
judicial review only after exhausting administrative review and
only on the issue raised during administrative review. Judicial
review can only be brought in the United States district court
for the district in which the project is located and places a
60-day limit on any injunction that may be imposed until the
court completes its review (the court may renew an injunction).

Timber revenues

Revenues from management are treated as they would be under
current law for distribution among Forest Service trust fund
accounts and the 25% payment fund. Funding for counties would
essentially be converted back to the historical program, except
that revenues would be increased by requiring greater timber
harvest.

TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE
PREVENTION

This title focuses specifically on hazardous fuels
reduction to reduce the risk of wildfire and improve forest
health. It directs the Secretary of Agriculture to implement
hazardous fuels reduction and forest health projects on at-risk
lands (defined by the legislation) as well as high-risk areas
designated by the Governor of a State. The title also allows a
state to propose hazardous fuel reduction or forest health
projects to the Forest Service or Bureau of Land Management for
implementation.

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

The O&C Lands were originally granted from the public
domain by the federal government to the Oregon and California
Railroad Company to encourage development in Western Oregon.
Those lands were revested back to the federal government in
1916. Later, the O&C Act of 1937 set aside approximately 2.4
million acres of forest land in 18 counties to be managed for
sustainable timber harvests, and required 75 percent of
receipts from those lands to be paid to the O&C counties. A
later appropriations rider allowed for 25 percent of the
receipts to be retained for management of the lands, bringing
the counties' cost share down to 50 percent. The lands have
since been managed by the Bureau of Land Management (BLM).
Timber harvests by the BLM have declined significantly
since the listing of the Northern Spotted Owl that has
similarly impacted lands managed by the Forest Service
throughout the Pacific Northwest. Two decades of gridlock have
prompted the O&C counties to develop the approach that would be
implemented under this title that would allow for approximately
1.5 million acres of O&C Lands to be managed by the O&C
counties as a financial ``trust'' with the resulting revenues
distributed among the counties. The remaining O&C Lands would
be transferred to the Forest Service to be managed with the
agency's other lands in Western Oregon.
The Committee understands that this title would effectively
negate the need for continued operation of the BLM in Western
Oregon and therefore might impact employees in the region. The
Committee expects the BLM, Forest Service, and O&C Trust to
work accordingly to offer preference for these employees in job
opportunities that will be created as a result of this
legislation.

Subtitle A

This subtitle establishes a Board of Trustees as the
governing body for management of the O&C Lands and provides for
the transfer of management responsibility for approximately 1.5
million acres of O&C Lands to the Board of Trustees for
management. The lands would then be managed under state and
federal laws as they would apply to private forest lands, with
the revenues being retained and distributed to counties by the
Board of Trustees.
Remaining O&C Lands would be transferred to the Forest
Service to be managed in accordance with the Northwest Forest
Plan that currently applies to other Forest Service lands
within the habitat of the Northern Spotted Owl. The draft bill
also requires the appointment of a scientific review panel to
determine a definition for old growth forests that shall then
be applied as yet another management restriction on the lands
being managed by the Forest Service.

Subtitle B

This subtitle provides a similar management model for
another set of revested railroad grant lands known as the Coos
Bay Wagon Road lands that were reconveyed to the federal
government in 1919. These lands would be managed by Coos
County, Oregon, in accordance with the same principles applied
to the Board of Trustees under subtitle A.

Subtitle C

This subtitle designates 88,620 acres of wilderness through
the creation of the Devil's Staircase Wilderness (30,520 acres)
and by adding to the existing Wild Rogue Wilderness Area
(58,100 acres). In addition to designating 150 miles of streams
under the Wild and Scenic Rivers Act, the bill would withdraw a
quarter mile on each side of 47 miles of Rogue River
tributaries from entry, appropriation, or disposal under the
public land laws; location entry, and patent under the mining
laws; and mineral and geothermal leasing. The quarter mile
withdrawal on each side of these tributaries would cover
approximately 15,000 additional acres of federal land.

Subtitle D

This subtitle conveys approximately 30,000 acres of BLM
public domain lands to certain tribes in western Oregon to
allow for forest management by the Cow Creek Band of the Umpqua
Tribe and the Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw.

TITLE IV--COMMUNITY FOREST DEMONSTRATION

This title directs the Secretary of Agriculture to convey
management authority over National Forest land as a ``Community
Forest Demonstration Area'' to an Advisory Committee appointed
by the Governor of a State. Management of the Community Forest
Demonstration Area would be subject to state forest practices
law and other federal laws only as they would apply to other
state or privately-owned forest land. Overall, this title
provides other counties the opportunity to manage a portion of
National Forest land under the same model as the O&C Counties,
and an alternative to Forest Service management under Title I.
The overall acreage that can be enrolled as Community
Forest Demonstration Areas is set at two million acres
nationwide but does not specify how many areas can be
established. Also, a state must have a forest practices law
that applies to state or private forest land to be eligible for
designation as a Community Forest Demonstration Area.

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

This title provides for a short-term extension of SRS
payments to provide funding to counties as the Forest Service
(or counties under titles III and IV) transitions back to
active management. Also, as part of the last long-term
extension of SRS in 2008, language was included to amend the
original 1908 law that required sharing 25 percent of timber
revenues with counties to make the payment based on a 7-year
rolling average of revenues, instead of simply the prior year's
receipts. This was done to reduce the variability in payment
levels once SRS expired and counties were back to getting 25
percent payments. However, since title I of the bill seeks to
return to 25 percent payments--with a significant increase in
timber harvests--the counties would not see any benefit from
increased revenues for seven years. This title repeals that
amendment to again make payments based on the prior fiscal
year's revenue level. Counties have specifically requested this
change.
This title also extends and expands two popular forest
management authorities currently in use by the Forest Service
and Bureau of Land Management--Good Neighbor and Stewardship
Contracting--both of which expire in fiscal year 2013. Also,
Good Neighbor authority currently applies only in Utah and
Colorado. It allows the Forest Service and BLM to contract with
a state forestry agency to conduct projects on federal lands.
This title would expand this authority to all states.
Stewardship contracting authority allows the Forest Service
and BLM to trade ``goods for services''--i.e., trade timber in
exchange for restoration work by a contractor. The authority
expires in 2013. H.R. 1526 extends stewardship contract
authority for the Forest Service and BLM through 2017 and also
allows for contracts up to 20 years in length. The current
authorization only allows for 10-year contract terms.
The Committee also understands that there is an outstanding
issue regarding the implementation of stewardship contracts
versus timber sales, and directs the Chief of the Forest
Service to review and undertake draft rulemaking that would
establish parity between the Small Business Administration
(SBA) set-aside program for timber sales and the Stewardship
Contracting Authority that is re-authorized in this bill for
five years. The Chief of the Forest Service is also directed to
review and address other issues, including the Structural
Change Recomputations within the current SBA timber sale set-
aside regulations, and ensure that the appraisal of any SBA
set-aside timber sale or stewardship contract is to a SBA-
qualified forest products manufacturing facility when
advertised as a set-aside offering.

Committee Action

H.R. 1526 was introduced on April 12, 2013, by Congressman
Doc Hastings (R-WA). The bill was referred to the Committee on
Agriculture, and additionally to the Committee on Natural
Resources. Within that Committee, the bill was referred to the
Subcommittee on Public Lands and Environmental Regulation. On
April 11, 2013, the Subcommittee held a hearing on a draft
version of the bill. On July 31, 2013, the full Natural
Resources Committee met to consider H.R. 1526. The Subcommittee
on Public Lands and Environmental Regulation was discharged by
unanimous consent. Congressman Hastings offered an amendment in
the nature of a substitute (ANS) to the bill. Congressman Rob
Bishop (R-UT) offered an amendment designated #1 to the ANS;
the amendment was adopted by voice vote. Congressman Paul Gosar
(R-AZ) offered an amendment designated .038 to the ANS; the
amendment was adopted by voice vote. Congressman Steve
Southerland (R-FL) offered an amendment designated .012 to the
ANS; the amendment was adopted by voice vote. Congressman Steve
Daines (R-MT) offered an amendment designated #2 to the ANS;
the amendment was adopted by voice vote. Congressman Daines
offered an amendment designated .010 to the ANS; the amendment
was adopted by a bipartisan roll call vote of 24 to 14, as
follows:

Congresswoman Grace Napolitano (D-CA) offered an amendment
designated _AM4 to the ANS; the amendment was not adopted by a
bipartisan roll call vote of 14 to 24, as follows:

Congressman Raul Grijalva (D-AZ) offered an amendment
designated _055 to the ANS; the amendment was not adopted by a
roll call vote of 15 to 23, as follows:

Congressman Jared Huffman (D-CA) offered an amendment
designated _019 to the ANS; the amendment was not adopted by a
roll call vote of 15 to 23, as follows:

The amendment in the nature of a substitute offered by
Congressman Hastings, as amended, was then adopted by voice
vote. No further amendments were offered, and the bill, as
amended, was then adopted and ordered favorably reported to the
House of Representatives by voice vote.

Section-by-Section Analysis

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

Section 101. Purposes

Section 102. Definitions

Section 103. Establishment of Forest Reserve Revenue Areas and annual
volume requirements

This section establishes Forest Reserve Revenue Areas
consisting of no less than half all ``commercial'' timber lands
capable of producing 20 cubic feet of timber per year. It is
estimated that these areas would cover approximately 49 million
acres, or only a quarter of the entire National Forest System.
The section also requires the Forest Service to produce an
annual volume requirement of no less than half the sustained
yield of the Forest Reserve Revenue Area.

Section 104. Management of Forest Reserve Revenue areas

The Forest Service must complete an environmental
assessment (EA) for any forest management project, but is only
required to study the action alternative and must complete the
EA within 6 months and the document cannot exceed 100 pages in
length. The section provides a categorical exclusion from the
National Environmental Policy Act for projects in response to a
catastrophic event (fire, weather, insect or disease outbreak),
projects that implement a community wildfire protection plan,
and projects less than 10,000 acres.
This section authorizes the Forest Service to conduct a
``non-jeopardy assessment'' to determine whether a project will
jeopardize a listed species. The Forest Service is only
required to enter into consultation if it determines that the
project will jeopardize a listed species.

Section 105. Distribution of Forest Reserve Revenues

This section requires that revenues from management are
treated as they would be under current law for distribution
among Forest Service trust fund accounts and the 25% fund.

TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE
PREVENTION

Section 201. Purposes

Section 202. Definitions

Section 203. Hazardous fuel reduction projects and forest health
projects in at-risk forests

This section authorizes the Secretary of Agriculture or the
Secretary of the Interior to conduct hazardous fuels or forest
health projects in at-risk forests. Projects can include
livestock grazing or timber harvest activities to reduce fuels
and improve forest health.

Section 204. Environmental analysis

This section applies the environmental analysis, as well as
the administrative and judicial review procedures established
under section 104, to hazardous fuel reduction and forest
health projects implemented under this title.

Section 205. State designation of high-risk areas of national forest
system and public lands

This section authorizes the Governor of a State to
designate high-risk areas on federal lands that the Governor
believes present the risk of devastating wildfires or insect
and disease outbreaks.

Section 206. Use of hazardous fuels reduction or forest health projects
for high-risk areas

This section authorizes the Governor of a State to submit
hazardous fuels reduction and forest health projects within a
high-risk area for implementation by the Secretaries of
Agriculture or the Interior. The Secretaries are instructed
under section 203 to give priority to projects submitted by a
state. An amendment adopted during markup of this legislation
added projects submitted under the Tribal Forest Protection Act
to those given priority for implementation.

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

Section 301. Short title

This section designates the short title of Title III as the
O&C Trust, Conservation, and Jobs Act.

Section 302. Definitions

SUBTITLE A--TRUST, CONSERVATION, AND JOBS

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

Section 311. Creation of O&C Trust and designation of O&C Trust lands

This section designates approximately 1.6 million acres of
Oregon and California Grant lands, currently managed by the
Bureau of Land Management, as the O&C Trust. The remaining
acres--approximately 1.1 million acres--would be conveyed to
the U.S. Forest Service.

Section 312. Legal effect of O&C Trust and Judicial review

This section clarifies that the United States retains all
rights, title, and interest to the lands designated as the O&C
Trust, except that the Board of Trustees has management
authority over the surface estate. Judicial review of this
title can only be sought in the U.S. Court of Appeals for the
District of Columbia Circuit, and any suit must be filed within
60 days after the date of enactment of this Act.

Section 313. Board of Trustees

This section describes the composition and protocols of the
Board of Trustees for the O&C Trust.

Section 314. Management of O&C Trust lands

This section describes how the O&C lands are to be managed,
including timber sales plans, stand rotation, competitive
bidding, sale terms, riparian area management, and fire
protection. O&C Trust lands are managed in compliance with all
applicable federal and state laws in the same way they apply to
private forest lands in Oregon.

Section 315. Distribution of Revenues from O&C Trust lands

This section specifies that revenues produced by the Board
of Trustees from the O&C Trust shall be distributed to the O&C
counties in proportion to the O&C lands that each county
contains. This is consistent with how payments from the federal
government under the O&C Act of 1937 and SRS are determined for
O&C counties.

Section 316. Land Exchange Authority

This section authorizes the Board of Trustees to negotiate
land exchanges to consolidate lands within the O&C Trust. All
land exchanges are subject to approval by the Secretary of
Agriculture or the Secretary of the Interior, as applicable.

Section 317. Payments to the United States Treasury

This section requires the O&C Trust to make payments to the
federal government in lieu of receipts that otherwise would
come from continued management by the BLM and paid to the O&C
counties from the Treasury.

CHAPTER 2--TRANSFER OF CERTAIN LANDS TO FOREST SERVICE

Section 321. Transfer of certain Oregon and California Railroad Grant
Lands to Forest Service

This section transfers the O&C Railroad Grant lands that
are not included in the O&C Trust to the U.S. Forest Service.

Section 322. Management of transferred lands by Forest Service

This section requires that lands transferred to the Forest
Service continue to be managed under the Northwest Forest Plan.

Section 323. Management efficiencies and expedited land exchanges

This section authorizes the Secretary of Agriculture to
approve land exchanges that improve management of the lands
transferred to the Forest Service under this title.

Section 324. Review panel and old growth protection

This section requires the Secretary of Agriculture to
appoint a review panel responsible for defining old growth
within the area encompassed by the Oregon and California
Railroad Grant lands.

Section 325. Uniqueness of old growth protection on Oregon and
California Railroad Grant Lands

This section clarifies that all references to ``old
growth'' are intended to resolve unique management issues on
the formerly Oregon and California Railroad Grant lands only.

CHAPTER 3--TRANSITION

Section 331. Transition period and operations

This section establishes a three-year transition period to
facilitate the activities of the Board of Trustees, the Forest
Service, and the BLM.

Section 332. O&C Trust Management Capitalization

This section authorizes the Board of Trustees to borrow
from any available non-federal sources to provide for the
initial management costs of the O&C Trust. It also authorizes
the O&C counties to loan funds to the O&C Trust.

Section 333. Existing Bureau of Land Management and Forest Service
contracts

This section requires that any work or timber contracts
sold or awarded by the BLM and Forest Service before the
transfer of lands to remain binding and effective.

Section 334. Protection of valid existing rights and access to non-
federal land

This section upholds all valid and existing rights on the
Oregon and California Railroad Grant lands, including, but not
limited to: permits, patents, rights of access, right-of-ways,
tail holds, and easement obligations. The section also provides
judicial review for decisions from the Board of Trustees that
might impact access for private landowners.

Section 335. Repeal of superseded law relating to Oregon and California
Railroad Grant Lands

This section repeals the O&C Act of 1937 unless any
provision of this title is ruled legally invalid, in which the
O&C Act of 1937 would be reinstated.

SUBTITLE B--COOS BAY WAGON ROADS

Section 341. Transfer of management authority over certain Coos Bay
Wagon Road Grant Lands to Coos County, Oregon

This section transfers management authority of timber
stands on the Coos Bay Wagon Road lands to Coos County, Oregon,
to be managed consistently with the provisions applied to the
O&C Trust.

Section 342. Transfer of certain Coos Bay Wagon Road Grant Lands to
Forest Service

This section transfers all remaining Coos Bay Wagon Road
Grant lands to the Forest Service to be managed in accordance
with the Northwest Forest Plan.

Section 343. Land Exchange Authority

This section authorizes land exchanges in accordance with
section 316.

SUBTITLE C--OREGON TREASURES

CHAPTER 1--WILDERNESS AREAS

Section 351. Designation of Devil's Staircase Wilderness

This section designates 30,520 acres as wilderness to be
administered by the Forest Service.

Section 352. Expansion of Wild Rogue Wilderness Area

This section adds 58,100 acres to the existing Wild Rogue
Wilderness Area to be administered by the Forest Service.

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

Section 361. Wild and Scenic River Designations, Molalla River

This section designates 15.1 miles of the Molalla River and
6.2 miles of the Table Rock Fork of the Molalla River as
``scenic'' under the Wild and Scenic Rivers Act.

Section 362. Wild and Scenic Rivers Act technical corrections related
to Chetco River

This section reclassifies 2 miles of the Chetro River from
``scenic'' to ``wild'' and extends the ``scenic'' segment 1.5
miles downstream. The section also withdraws 11 miles of
``scenic'' and ``recreational'' segments of the Chetco River
from mineral entry subject to valid existing rights.

Section 363. Wild and scenic river designations, Wasson Creek and
Franklin Creek

This section designates 4.5 miles of Franklin Creek and
10.1 miles of Wasson Creek as ``wild'' under the Wild and
Scenic Rivers Act.

Section 364. Wild and scenic river designations, Rogue River Area

This section designates 93 miles of 35 tributaries to the
Rogue River as either ``wild,'' ``scenic,'' or ``recreational''
under the Wild and Scenic Rivers Act.

Section 365. Additional ppotections for Rogue River Tributaries

This section prohibits the Federal Energy Regulatory
Commission from licensing water projects on 19 tributaries of
the Rogue River and withdraws the tributaries from mineral
entry, subject to valid existing rights.

CHAPTER 3--ADDITIONAL PROTECTIONS

Section 371. Limitations on land acquisition

This section specifies that no non-federal land may be
acquired within the areas designated by this subtitle without
the written consent of the land owner.

Section 372. Overflights

This section specifies that nothing in the subtitle shall
affect military overflights.

Section 373. Buffer zones

This section specifies that no activities outside the areas
designated by this subtitle shall be impacted simply because
they can be seen or heard from within the areas designated.

Section 374. Prevention of wildfires

This section specifies that the designation of areas under
this subtitle shall not impact the ability of the Forest
Service or BLM to use mechanized equipment for the suppression
or prevention of wildfire.

Section 375. Limitation on designation of certain lands in Oregon

This section prohibits designation of the formerly Oregon
and California Railroad Grant lands as a National Monument
without approval by an Act of Congress.

CHAPTER 4--EFFECTIVE DATE

Section 381. Effective date

This section sets the enactment date of all the
designations under this subtitle for October 1st of the second
fiscal year of the transition period to coincide with the
transfer of the Oregon and California Railroad Grant lands to
the O&C Trust and Forest Service. The section also ensures that
if any provision of this title is rule legally invalid, all
designations shall no force or effect.

SUBTITLE D--TRIBAL TRUST LANDS

PART 1--COUNCIL CREEK LAND CONVEYANCE

Section 391. Definitions

Section 392. Conveyance

This section conveys approximately 17,000 acres to the Cow
Creek Band of Umpqua Tribe of Indians to be held in trust for
the benefit of the Tribe.

Section 393. Map and legal description

This section requires the Secretary of the Interior to file
a map of the land conveyed under this part.

Section 394. Administration

This section specifies how the lands conveyed under this
part are to be managed. It prohibits export of unprocessed logs
and also clarifies that the lands conveyed shall be managed in
accordance with all applicable federal laws.

PART 2--OREGON COASTAL LAND CONVEYANCE

Section 395. Definitions

Section 396. Conveyance

This section conveys approximately 15,000 acres to the
Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw
Indians, to be held in trust for the benefit of the Tribe.

Section 397. Map and legal description

This section requires the Secretary of the Interior to file
a map of the land conveyed under this part.

Section 398. Administration

TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION

Section 401. Purpose and definitions

This section clarifies that 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.

Section 402. Establishment of community forest demonstration areas

This section requires that the Secretary of Agriculture
establish community forest demonstration areas no later than
one year after the date of enactment of this Act. The
establishment of a community forest demonstration area is
subject to: an advisory committee being appointed by the
Governor of a State; the advisory committee requesting a
community forest demonstration area; and the state in which the
area is established has a forest practices law applicable to
state or privately-owned forest land.
This section also specifies that no more than two million
acres of the National Forest System may be established as
community forest demonstration areas, and that the
establishment of an area recognizes valid existing rights,
including right of any federally recognized Indian tribe.

Section 403. Advisory committee

This section describes the composition and protocols of the
advisory committee for a community forest demonstration area.

Section 404. Management of community forest demonstration areas

This section specifies how a community forest demonstration
area is to be managed. The advisory committee is required to
manage the area in accordance with all applicable state and
federal laws only as they would apply to other state or
privately-owned forest lands in the state. The advisory
committee is also required to consult with tribes and
collaborative groups.

Section 405. Distribution of funds from community forest demonstration
area

This section requires the advisory committee to distribute
funds generated from the community forest demonstration area to
each county within the area in proportion to the amount of the
community forest demonstration area within that county. The
advisory committee is also authorized to retain funds to cover
management costs.

Section 406. Initial funding authority

This section authorizes the advisory committee to seek non-
federal funds for the management of the community forest
demonstration area. The section also authorizes counties to
provide funds to the advisory committee.

Section 407. Payments to United States Treasury

This section requires the advisory committee to make
payments to the federal government in lieu of receipts that
otherwise would come from continued management by the Forest
Service and paid to counties from the Treasury.

Section 408. Termination of community forest demonstration area

This section specifies the process for terminating the
community forest demonstration area. Termination must be by
unanimous consent of the advisory committee and approved by the
Governor of the State in which the area is located. The Forest
Service immediately resumes management of any area terminated.

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

Section 501. Extension of secure Rural Schools and Community Self-
Determination Act of 2000 pending full operation of forest
reserve revenue areas

This section provides for a one-year extension of Secure
Rural Schools payments until counties can benefit from
increased forest management implemented by this legislation.

Section 502. Restoring original calculation method for 25-percent
payments

This section replaces the 7-year rolling average for
calculation of 25 percent payments and goes back to the
original formula of basing payments on the prior year's
receipts to ensure that counties see immediate benefit from
this legislation.

Section 503. Forest Service and Bureau of Land Management Good-Neighbor
Cooperation with State to reduce wildfire risks

The section expands and makes permanent existing
authority--commonly referred to as ``Good Neighbor
Authority''--to allow the Forest Service and BLM to enter into
cooperative agreements with States for hazardous fuels
reduction on federal land. Good Neighbor authority was first
enacted as part of the Department of the Interior and Related
Agencies Appropriations Act of 2001 to allow the Forest Service
to enter into cooperative agreements with the Colorado State
Forest Service. Later appropriations riders expanded the
authority to the BLM and also included the State of Utah. The
current authorities for the two states expire on September 30,
2013.

Section 504. Stewardship end result contracting project authority

This section extends the agencies' authority to enter into
stewardship contracts through 2017. Stewardship contracting was
first enacted as a pilot program in the Fiscal Year 1999
Omnibus Appropriations Act and later extended through September
30, 2013. Stewardship contracts allow the Forest Service or BLM
to exchange goods for services as opposed to traditional timber
sales whereby the agency can use timber value to pay for
restoration and thinning activities.
An amendment offered by Representative Paul Gosar (R-AZ)
was adopted during markup of the bill to improve the use of
large-scale stewardship contracting by including language to
provide greater flexibility in obligating funds for the
contract cancellation ceiling, and to make fire liability for
stewardship contract identical to that which is currently
required for conventional timber sales.

Section 505. Clarification of National Forest Management Act of 1976
authority

This section clarifies that the Forest Service is
authorized to allow designation of areas to be harvested by
description or prescription. This is intended to improve
efficiency and management of management activities by not
requiring marking of individual trees.

Section 506. Treatment as supplemental funding

This section clarifies that funds made available to
counties under this legislation shall not be used by a state to
offset funding that the state otherwise would pay to local
counties.

Section 507. Exception of certain forest projects and activities from
Appeals Reform Act and other review

This section was included as an amendment offered by
Congressman Steve Daines (R-MT) and adopted during markup of
the bill. This language would clarify that the use of
categorical exclusions under the National Environmental Policy
Act are not subject to the notice, comment, and appeals
provisions of the Appeals Reform Act.

Committee Oversight Findings and Recommendations

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.

Compliance with House Rule XIII

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:

H.R. 1526--Restoring Healthy Forests for Healthy Communities Act

Summary: H.R. 1526 would substantially increase the amount
of timber harvested on federal lands. The bill also would
require the Secretaries of Agriculture and the Interior to make
payments in 2014 to certain counties that contain federal
lands. Finally, the bill would authorize the Forest Service and
the Bureau of Land Management (BLM) to enter into contracts
with non-federal entities to carry out activities related to
forest management.
Based on information provided by the affected agencies, CBO
estimates that enacting the legislation would increase direct
spending by $376 million in 2014 and by $86 million over the
2014-2018 period, but would reduce direct spending by $269
million over the 2014-2023 period. Because the bill would
affect direct spending, pay-as-you-go procedures apply.
In addition, CBO expects that implementing H.R. 1526 would
increase discretionary spending for certain Forest Service
activities and reduce discretionary spending for certain BLM
activities. Based on information from those agencies, CBO
estimates that the change in net discretionary spending would
not be significant, assuming appropriation actions consistent
with the purposes of the bill. Enacting the legislation would
not affect revenues.
H.R. 1526 would impose intergovernmental and private-sector
mandates, as defined in the Unfunded Mandates Reform Act
(UMRA), on plaintiffs, including public and private entities,
seeking judicial review of some activities on federal lands.
CBO estimates that the cost of the mandates would fall below
the annual thresholds established in UMRA for intergovernmental
and private-sector mandates ($75 million and $150 million in
2013, respectively, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1526 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2014-2018 2014-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING

Additional Timber Receipts:
Estimated Budget Authority.......... 0 -58 -116 -175 -233 -291 -294 -297 -300 -303 -582 -2,068
Estimated Outlays................... 0 -58 -116 -175 -233 -291 -294 -297 -300 -303 -582 -2,068
Mandatory Spending of Timber Proceeds:
Estimated Budget Authority.......... 0 2 48 94 141 190 238 244 249 259 285 1,465
Estimated Outlays................... 0 2 48 94 141 190 238 244 249 259 285 1,465
Direct Payments to Counties:
Estimated Budget Authority.......... 375 0 0 0 0 0 0 0 0 0 375 375
Estimated Outlays................... 375 0 0 0 0 0 0 0 0 0 375 375
Demonstration Projects:
Estimated Budget Authority.......... 0 -4 -5 -6 -7 -8 -9 -9 -9 -9 -21 -64
Estimated Outlays................... 0 -4 -5 -6 -7 -8 -9 -9 -9 -9 -21 -64
Receipts from BLM Lands:
Estimated Budget Authority.......... 0 9 9 9 -1 -1 -1 -1 -1 -1 25 19
Estimated Outlays................... 0 9 9 9 -1 -1 -1 -1 -1 -1 25 19
Stewardship Contracting:
Estimated Budget Authority.......... 1 1 1 1 0 0 0 0 0 0 4 4
Estimated Outlays................... 1 1 1 1 0 0 0 0 0 0 4 4
Total Changes:
Estimated Budget Authority...... 376 -50 -63 -77 -100 -111 -66 -63 -61 -53 86 -269
Estimated Outlays............... 376 -50 -63 -77 -100 -111 -66 -63 -61 -53 86 -269
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Components may not sum to totals because of rounding;.
BLM = Bureau of Land Management.

Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of 2013.

Direct spending

The largest budgetary effects of H.R. 1526 would stem
mostly from provisions that would increase receipts from timber
sales, and spending associated with those receipts, over the
2015-2023 period--for net budgetary savings of about $600
million over that period--and would increase federal payments
by $375 million to certain counties in 2014. Other provisions
in the bill would reduce direct spending by $41 million over
the 2014-2023 period.
Additional Timber Receipts. Title I would require the
Forest Service to significantly increase the volume of timber
it offers for sale each year. CBO estimates that, under the
bill, offsetting receipts from timber sales would increase by
about $2.1 billion over the 2015-2023 period. The Forest
Service is authorized under current law to retain and spend a
portion of those proceeds to carry out reforestation activities
and conduct salvage sales of timber. (Salvage timber sales are
generally designed to remove diseased, insect-infested dead,
damaged, or downed trees.) In addition, the Forest Service is
required to pay 25 percent of the proceeds from timber sales to
counties where timber is harvested. Additional spending for
those purposes would total $1.5 billion over 10 years. On net,
CBO estimates that enacting Title I would reduce outlays by
about $600 million over the 2015-2023 period.
The amount of receipts the Forest Service would generate
under title I could vary significantly from CBO's estimate
depending on the type of timber the agency would offer for
sale, the location of that timber, and the methods it would
allow firms to use to harvest it. The Forest Service's ability
to increase the amount of timber it offers for sale under the
bill would also be affected by the extent to which outside
groups opposed the agency's actions. Finally, the amount of
timber sold and the price paid for that timber would depend on
the decisions of firms in the timber industry.
Timber Volume Requirement. H.R. 1526 would require the
Forest Service to offer for sale a volume of timber equal to
one-half of the sustainable yield of the National Forest
System. The sustainable yield is the amount of timber extracted
from a forest that can be replaced by new growth. Based on
information provided by the Forest Service, CBO expects that,
under the bill, the agency would be required to offer roughly
six billion board feet (BBF) of timber for sale each year. By
comparison, the agency sold an average of 2.5 BBF of timber a
year over the past five years.
CBO expects that provisions of the bill would enable the
Forest Service to significantly increase the amount of timber
it sells annually. In particular, the legislation would
expedite the environmental assessment and judicial review
processes for timber sales. The bill also would require any
person or entity seeking to challenge a timber sale to post a
bond equal to the amount the Forest Service would spend on
associated court proceedings. CBO expects that those provisions
would reduce the amount of time required for the agency to
conduct individual timber sales and deter some parties from
challenging the legality of those sales.
But CBO also expects that other factors could impede the
ability of the Forest Service to sell the amount of timber
required under H.R. 1526:
Based on information provided by the agency, CBO
expects that sawmilling capacity may constrain the amount of
timber purchased in certain regions of the United States in the
first few years after the bill's enactment.
In addition, because the Forest Service would need
to change the types and amounts of timber products it sells and
increase the number of sales it conducts each year, we expect
that it would take a few years for the agency to implement new
procedures.
Finally, although the bill would make it more
difficult for parties to challenge the legality of timber
sales, CBO expects that the Forest Service would face more
legal challenges to timber sales under the bill than under
current law, particularly in the Pacific Northwest, where
timber harvesting may threaten certain endangered species.
On balance, CBO estimates that the Forest Service would
eventually increase the volume of timber it offers for sale
each year to more than five billion board feet--about 90
percent of the total volume required under the bill--by 2023.
That amount would be more than double the average annual amount
of timber sold over the past five years. Because CBO expects
that it would take time for the Forest Service to develop new
procedures and ramp up sales, and that firms in the timber
industry would need time to adjust to those changes, we expect
that the increase in sales would occur gradually over the 2015-
2023 period.
Timber Products and Values. Information provided by the
Forest Service indicates that over the 2008-2012 period, saw
timber (trees large enough to be made into planks and boards)
accounted for roughly 60 percent of the volume of timber
products sold by the agency; products with significantly lower
values, such as pulpwood and firewood, accounted for the
remaining 40 percent. Over that period, the value of timber
products sold by Forest Service averaged about $60 per thousand
board feet (MBF). By comparison, CBO estimates that the average
value of timber products harvested from state and private
lands, where saw timber comprises a larger portion of the total
volume of timber sold, sold for $100 to $250 per thousand board
feet over the same period. Those comparisons are based on
information provided by the Forest Service and data about the
value of timber products harvested from state lands.
CBO expects that, under H.R. 1526, the Forest Service would
continue to sell roughly the same amount of low-value timber
products as it does under current law. Thus, we believe that
the agency would need to significantly increase the amount of
saw timber it sells in order to meet the volume requirement
established in the bill. Because we expect that the Forest
Service would increase the amount of saw timber harvested in
all regions of the United States, including a significant
increase in the amount harvested in the Pacific Northwest,
where saw timber values are very high, we estimate that the
value of additional saw timber sold under the bill would
average between $100 and $150 per MBF. CBO expects that those
prices would probably be less than the value of similar timber
harvested from state and private lands because, in general,
timber harvesters operating on state and private lands would
face fewer of the impediments that tend to increase the cost of
extracting timber.
Mandatory Spending of Proceeds from Timber Sales. Under
current law, the Forest Service has the authority to retain and
spend a portion of the proceeds from timber sales to carry out
reforestation activities and to conduct sales of salvage
timber. Over the past five years, the agency retained roughly
50 percent of the available proceeds for those purposes. CBO
anticipates that, under the bill, the amount of timber
harvested from Forest Service lands would significantly
increase and that the agency would allow timber producers to
use methods to extract timber that would increase the cost of
reforestation activities. Consequently, we expect that the
Forest Service would increase the portion of timber proceeds it
retains for reforestation by 5 percent to 10 percent over the
next 10 years. Based on information from the Forest Service,
CBO estimates that enacting H.R. 1526 would increase the amount
of timber proceeds retained and spent by the agency by about $1
billion over the 2015-2023 period.
Pursuant to a law known as the Act of May 23, 1908, the
Forest Service is required to make annual payments to counties
equal to 25 percent of the proceeds from lands administered by
the agency in those counties. CBO estimates that, under the
bill, the increase in required payments would range from about
$15 million in 2015 to about $75 million in 2023. However, CBO
estimates that those payments would be reduced by roughly 7
percent each year (until 2022) under the Budget Control Act of
2011.\1\ On net, CBO estimates that enacting H.R. 1526 would
increase payments to counties, relative to current law, by $430
million over the 2015-2023 period.
---------------------------------------------------------------------------
\1\The Budget Control Act of 2011 requires a sequestration (that
is, a reduction in spending) for certain expenditures over the 2013-
2021 period.
---------------------------------------------------------------------------
Direct Payments to Counties. Title V would require the
Secretaries of Agriculture and the Interior to make direct
payments to certain counties in 2014. The amount of those
payments would equal the amount distributed for 2010 to the
affected counties under the Secure Rural Schools and Community
Self-Determination Act of 2000. CBO estimates that the required
payments would total $405 million; however, CBO estimates that
those payments would be reduced by roughly 7 percent under the
sequestration provisions of the Budget Control Act of 2011. On
net, CBO estimates that enacting this provision would increase
direct spending by $375 million in 2014.
Demonstration Projects. Title IV would require the
Secretary of Agriculture to establish up to 10 areas consisting
of at least 200,000 acres of land within the National Forest
System to conduct community demonstration projects. Under the
bill, governors would appoint advisory boards to manage those
areas. The boards would collect all proceeds generated from
activities within those areas and would be required to make
payments to the federal government based on the amount of
annual receipts generated by the surrounding national forest
lands over the previous 10 years. Any proceeds remaining after
those payments are made would be used by the boards to cover
the costs of administering the demonstration areas and
distributed to counties where the areas are located.
CBO expects that most of the demonstration areas would be
located in the western United States. Based on information
regarding the amount of receipts generated per acre of national
forest land in those states, CBO estimates that the advisory
boards would increase annual payments to the federal government
by $4 million in 2015, rising to $9 million in 2023. In total,
CBO estimates that implementing title IV would increase
offsetting receipts by $64 million over the 2015-2023 period.
Receipts from BLM Lands. Title III would require BLM to
transfer management authority over 1.3 million acres of federal
lands to the state of Oregon and Coos County. Beginning in
2015, those governments would retain any proceeds generated on
the affected lands. Because CBO expects that, under current
law, BLM would collect receipts totaling $9 million a year over
the 2015-2017 period, we estimate that enacting the transfer
provision would reduce offsetting receipts by $27 million over
that three-year period.
Title III also would require the state of Oregon and Coos
County to make payments to the federal government totaling
$10.4 million a year over the 2018-2023 period. Those payments
would increase offsetting receipts relative to current law by
$1 million a year over the 2018-2023 period. All told, CBO
estimates that enacting the provisions of title III would
reduce offsetting receipts by $19 million over the 2015-2023
period.
Stewardship Contracting. Title V would authorize the Forest
Service to enter into special contracts known as stewardship
contracts through 2017. Under such contracts, the Forest
Service and DOI use timber resources owned by the government in
lieu of cash to compensate firms that provide certain services
related to forest management. Under current law, the authority
to enter into stewardship contracts expires at the end of 2013.
Because CBO expects that some of the timber that would be used
as compensation under stewardship contracts would be sold under
current law, we estimate that enacting this provision would
reduce offsetting receipts by $1 million a year over the 2014-
2017 period.

Spending subject to appropriation

CBO estimates that implementing H.R. 1526 would have no
significant net impact on discretionary spending. Title I would
require the Forest Service to substantially increase the amount
of timber it offers for sale each year. Because CBO expects
that implementing that provision would increase the workload of
the agency, particularly in regions where significant volumes
of timber are harvested, we estimate that implementing that
title would increase discretionary spending over the 2014-2018
period.
However, title III would require BLM to transfer management
authority over 1.4 million acres of federal land to the state
of Oregon and local governments. Over the 2009-2013 period, CBO
estimates that the agency received appropriations averaging
about $60 million a year to manage those lands. Because the
bill would reduce the amount of land administered by the
federal government in Oregon, we estimate that implementing
title III would reduce discretionary spending over the 2014-
2018 period.
Considering those changes, CBO estimates that implementing
the bill would have a negligible impact on discretionary
spending over the next five years.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in direct spending that are subject
to those pay-as-you-go procedures are shown in the following
table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1526 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JULY 31, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013-2018 2013-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact........... 0 376 -50 -63 -77 -100 -111 -66 -63 -61 -53 86 -269
--------------------------------------------------------------------------------------------------------------------------------------------------------

Intergovernmental and private-sector impact: H.R. 1526
would impose intergovernmental and private-sector mandates on
plaintiffs, including public and private entities, seeking
judicial review of some activities on federal lands. CBO
estimates that the aggregate cost of the mandates in the bill
would fall below the annual thresholds established in UMRA for
intergovernmental and private-sector mandates ($75 million and
$150 million in 2013, respectively, adjusted annually for
inflation).
The bill would impose a mandate on plaintiffs seeking
judicial review of projects carried out by the Forest Service
under title I by establishing bonding requirements. In order to
elicit judicial review of those projects, plaintiffs would be
required to post a bond. The value of the bond would be equal
to the estimated litigation costs of the federal government.
The cost of the mandate would be the purchase price of required
bonds, typically 10 percent of the bond amount. CBO expects
that both the number of timber projects by Forest Service that
would be subject to litigation and the bond fee in those cases
would be relatively small. Therefore, CBO expects that the
annual cost of the mandate would not be substantial.
Additionally, the bill would prohibit plaintiffs from
seeking a preliminary injunction to temporarily stop
activities, such as logging, on the federal lands to be managed
by the state of Oregon under title III. Preliminary injunctions
are issued only in cases where compensation awarded by the
court could not equal the potential personal damage or damage
to property. By eliminating a right of action, the bill would
impose a mandate. The cost of the mandate would be any forgone
income that would occur without a preliminary injunction.
Because losses of income would generally not occur for the
types of cases involved, the mandate would probably impose no
costs.
Counties with federal forest lands and the State of Oregon
would benefit from provisions in the bill related to timber
sales and would receive about $900 million over the 2014-2023
period.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. Based on information provided by
the affected agencies, CBO estimates that enacting the
legislation would increase direct spending by $376 million in
2014 and by $86 million over the 2014-2018 period, but would
reduce direct spending by $269 million over the 2014-2023
period. Because the bill would affect direct spending, pay-as-
you-go procedures apply.
In addition, CBO expects that implementing H.R. 1526 would
increase discretionary spending for certain Forest Service
activities and reduce discretionary spending for certain Bureau
of Land Management activities. Based on information from those
agencies, CBO estimates that the change in net discretionary
spending would not be significant, assuming appropriation
actions consistent with the purposes of the bill. Enacting the
legislation would not affect revenues.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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, and to provide a temporary extension of the
Secure Rural Schools and Community Self-Determination Act of
2000.

Earmark Statement

This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.

Compliance With Public Law 104-4

This bill contains no unfunded mandates.

Compliance With H. Res. 5

Directed Rule Making. The Chairman estimates that this bill
directs the Secretary of Agriculture to conduct one rulemaking.
Duplication of Existing Programs. This bill does establish
or reauthorize one or more programs of the federal government
known to be duplicative of another program. However, the intent
of the new forestry programs in titles I, II, III and IV of
this bill is to replace or rebuild existing, ineffective
national forestry management programs to produce jobs, restore
healthy forests throughout the county, reduce the risks of
catastrophic wildfires and create revenue sources for states
and local communities to fund schools, roads and provide other
public services. These communities are severely impacted by the
pervasive presence of federal forested lands, which cannot be
subject to state or local taxes but still require local and
state government investments like roads, fire and police
protection, and school services for local federal employees. In
addition, the reauthorizations contained in title V of the bill
are intended as a short-term bridge to transition to the new,
more effective and efficient new programs created by the other
titles. Several of the reauthorized programs were included in a
2011 report from the Government Accountability Office to
Congress pursuant to section 21 of Public Law 111-139, or
identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.

Federal Advisory Committee Statement

The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.

Preemption of State, Local or Tribal Law

This bill is not intended to preempt any State, local or
tribal law.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):

ACT OF AUGUST 28, 1937

AN ACT relating to the revested Oregon and California Railroad and
reconveyed Coos Bay Wagon Road grant lands situated in the State of
Oregon.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That
notwithstanding any provisions in the Acts of June 9, 1916 (39
Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended,
such portions of the revested Oregon and California Railroad
and reconveyed Coos Bay Wagon Road grant lands as are or may
hereafter come under the jurisdiction of the Department of the
Interior, which have heretofore or may hereafter be classified
as timberlands, and power-site lands valuable for timber, shall
be managed, except as provided in section 3 hereof, for
permanent forest production, and the timber thereon shall be
sold, cut, and removed in conformity with the principal of
sustained yield for the purpose of providing a permanent source
of timber supply, protecting watersheds, regulating stream
flow, and contributing to the economic stability of local
communities and industries, and providing recreational
facilities: Provided, That nothing herein shall be construed to
interface with the use and development of power sites as may be
authorized by law.
[The annual productive capacity for such lands shall be
determined and declared as promptly as possible after the
passage of this Act, but until such determination and
declaration are made the average annual cut therefrom shall not
exceed one-half billion feet board measure: Provided, That
timber from said lands in an amount not less than one-half
billion feet board measure, or not less than the annual
sustained yield capacity when the same has been determined and
declared, shall be sold annually, or so much thereof as can be
sold at reasonable prices on a normal market.
[If the Secretary of the Interior determines that such action
will facilitate sustained-yield management, he may subdivide
such revested lands into sustained-yield forest units, the
boundary lines of which shall be so established that a forest
unit will provide, insofar as practicable, a permanent source
of raw materials for the support of dependent communities and
local industries of the region; but until such subdivision is
made the land shall be treated as a single unit in applying the
principle of sustained yield, Provided, That before the
boundary lines of such forest units are established, the
Department, after published notice thereof, shall hold a
hearing thereon in the vicinity of such lands open to the
attendance of State and local officers, representatives of
dependent industries, residents, and other persons interested
in the use of such lands. Due consideration shall be given to
established lumbering operations in subdividing such lands when
necessary to protect the economic stability of dependent
communities. Timber sales from a forest unit shall be limited
to the productive capacity of such unit and the Secretary is
authorized, in his discretion, to reject any bids which may
interfere with the sustained-yield management plan of any unit.
[Sec. 2. The Secretary of the Interior is authorized, in his
discretion, to make cooperative agreements with other Federal
or State forest administrative agencies or with private forest
owners or operators for the coordinated administration, with
respect to time, rate, method of cutting, and sustained yield,
of forest units comprising parts of revested or reconveyed
lands, together with lands in private ownership or under the
administration of other public agencies, when by such
agreements he may be aided in accomplishing the purposes
hereinbefore mentioned.
[Sec. 4. The Secretary of the Interior is authorized, in his
discretion, to lease for grazing any of said revested or
reconveyed lands which may be so used without interfering with
the production of timber or other purposes of this Act as
stated in section 1: Provided, That all the moneys receive on
account of grazing leases shall be covered either into the
``Oregon and California land-grant fund'' or the ``Coos Bay
Wagon Road grant fund'' in the Treasury as the location of the
leased lands shall determine, and be subject to distribution as
other moneys in such funds: Provided further, That the
Secretary is also authorized to formulate rules and regulations
for the use, protection, improvement, and rehabilitation of
such grazing lands.
[Sec. 5. The Secretary of the Interior is hereby authorized
to perform any and all acts and to make such rules and
regulations as may be necessary and proper for the purpose of
carrying the provisions of this Act into full force and effect.
The Secretary of the Interior is further authorized, in
formulating forest-practice rules and regulations, to consult
with the Oregon State Board of Forestry, representatives of
timber owners and operators on or contiguous to said revested
and reconveyed lands, and other persons or agencies interested
in the use of such lands.
[In formulating regulations for the protection of such
timberlands against fire, the Secretary is authorized, in his
discretion, to consult and advise with Federal, State, and
county agencies engaged in forest-fire-protection work, and to
make agreements with such agencies for the cooperative
administration of fire regulations, therein: Provided, That
rules and regulations for the protection of the revested lands
from fire shall conform with the requirements and practices of
the State of Oregon insofar as the same are consistent with the
interests of the United States.

[TITLE II

[That on and after March 1, 1938, all moneys deposited in the
Treasury of the United States in the special fund designated
the ``Oregon and California land-grant fund'' shall be
distributed annually as follow:
[(a) Fifty per centum to the counties in which the lands
revested under the Act of June 9, 1916 (39 Stat. 218), are
situated, to be payable on or after June 30, 1938, and each
year thereafter to each of said counties in the proportion that
the total assessed value of the Oregon and California grant
lands in each of said counties for the year 1915 bears to the
total assessed value of all of said lands in the State of
Oregon for said year, such moneys to be used as other county
funds: Provided, however, That for the purposes of this
subsection the portion of the said revested Oregon and
California railroad grant lands in each of said counties which
was not assessed for the year 1915 shall be deemed to have been
assessed at the average assessed value of the grant lands in
said county.
[(b) Twenty-five per centum of said counties as money in lieu
of taxes accrued or which shall accrue to them prior to March
1, 1938, under the provisions of the Act of July 13, 1926 (44
Stat. 915), and which taxes are unpaid on said date, such
moneys to be paid to said counties severally by the Secretary
of the Treasury of the United States, upon certification by the
Secretary of the Interior, until such tax indebtedness as shall
have accrued prior to March 1, 1938, is extinguished.
[From and after payment of the above accrued taxes said 25
per centum shall be accredited annually to the general fund in
the Treasury of the United States until all reimbursable
charges against the Oregon and California land-grant fund owing
to the general fund in the Treasury have been paid: Provided,
That if for any year after the extinguishment of the tax
indebtedness accruing to the counties prior to March 1, 1938,
under provisions of Forty-fourth Statutes, page 915, the total
amount payable under subsection (a) of this title is less than
78 per centum of the aggregate amount of tax claims which
accrued to said counties under said Act for the year 1934,
there shall be additionally payable for such year such portion
of said 25 per centum (but not in excess of three-fifths of
said 25 per centum), as may be necessary to make up the
deficiency. When the general fund in the Treasury has been
fully reimbursed for the expenditures which were made charges
against the Oregon and California land-grant fund said 25 per
centum shall be paid annually, on or after September 30, to the
several counties in the manner provided in subsection (a)
hereof.
[(c) Twenty-five per centum to be available for the
administration of this Act, in such annual amounts as the
Congress shall from time to time determine. Any part of such
per centum not used for administrative purposes shall be
covered into the general fund of the Treasury of the United
States: Provided, That moneys covered into the Treasury in such
manner shall be used to satisfy the reimbursable charges
against the Oregon and California land-grant fund mentioned in
subsection (b) so long as any such charges shall exist.
[All Acts or parts of Acts in conflict with this Act are
hereby repealed to the extent necessary to give full force and
effect to this Act.]
----------

WILD AND SCENIC RIVERS ACT

* * * * * * *

Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) * * *

* * * * * * *

(5) Rogue, Oregon.--The segment of the river extending from
the mouth of the Applegate River downstream to the Lobster
Creek Bridge; to be administered by agencies of the Departments
of the Interior or Agriculture as agreed upon by the
Secretaries of said Departments or as directed by the
President. 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.

* * * * * * *

(69) Chetco, Oregon.--
(A) Designations.--The 44.5-mile segment from its
headwaters to the Siskiyou National Forest boundary; to
be administered by the Secretary of Agriculture in the
following classes:
[(A)] (i) The [25.5-mile] 27.5-mile segment
from its headwaters to [Boulder Creek at the
Kalmiopsis Wilderness boundary] Mislatnah Creek
as a wild river;
[(B)] (ii) the [8] 7.5-mile segment from
[Boulder Creek] Mislatnah Creek to [Steel
Bridge] Eagle Creek as a scenic river; and
[(C)] (iii) the [11] 9.5-mile segment from
[Steel Bridge] Eagle Creek to the Siskiyou
National Forest boundary, one mile below Wilson
Creek, as a recreational river.
(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.

* * * * * * *

(102) [Squaw Creek] Whychus Creek, Oregon.--The 15.4-mile
segment from its source to the hydrologic Gaging Station 800
feet upstream from the intake of the [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] 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; to be administered by the Secretary of
Agriculture as follows:
(A) * * *
(B) the 8.8-mile segment from the boundary of the
Three Sisters Wilderness Area to the hydrologic Gaging
Station 800 feet upstream from the intake of the
[McAllister Ditch] Plainview Ditch as a scenic river:
Provided, That nothing in this Act shall prohibit the
construction of facilities necessary for emergency
protection for the town of Sisters relative to a rapid
discharge of Carver Lake if no other reasonable flood
warning or control alternative exists.

* * * * * * *

(___) 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.
(__) 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.

* * * * * * *

----------

ACT OF MAY 23, 1908

(Public Law Chapter 192)

AN ACT making appropriations for the Department of Agriculture for the
fiscal year ending June thirtieth, nineteen hundred and nine.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums be, and they are hereby, appropriated, out of
any money in the Treasury of the United States not otherwise
appropriated, in full compensation for the fiscal year ending
June thirtieth, nineteen hundred and nine, for the purposes and
objects hereinafter expressed, namely:

DEPARTMENT OF AGRICULTURE

* * * * * * *

FOREST SERVICE

* * * * * * *

That hereafter an amount equal to [the annual average of 25
percent of all amounts received for the applicable fiscal year
and each of the preceding 6 fiscal years] 25 percent of all
amounts received for the applicable fiscal year from each
national forest shall be paid at the end thereof by the
Secretary of the Treasury to the State or Territory in which
[said reserve] the national forest is situated, to be expended
as the State or Territorial legislature may prescribe for the
benefit of the public schools and public roads of the county or
counties in which the [forest reserve] national forest is
situated: Provided, That when any [forest reserve] national
forest is in more than one State or Territory or county the
distributive share to each from the proceeds of [said reserve]
the national forest shall be proportional to its area therein.
In sales of logs, ties, poles, posts, cordwood, pulpwood, and
other forest products the amounts made available for schools
and roads by this Act shall be based upon the stumpage value of
the timber. Beginning October 1, 1976, the term ``moneys
received'' shall include all collections under the Act of June
9, 1930, and all amounts earned or allowed any purchaser of
national forest timber and other forest products within such
State as purchaser credits, for the construction of roads on
the National Forest Transportation System within such national
forests or parts thereof in connection with any Forest Service
timber sales contract. The Secretary of Agriculture shall, from
time to time as he goes through his process of developing the
budget revenue estimates, make available to the States his
current projections of revenues and payments estimated to be
made under the Act of May 23, 1908, as amended, or any other
special Acts making payments in lieu of taxes, for their use
for local budget planning purposes.

* * * * * * *

----------

ACT OF MARCH 1, 1911

* * * * * * *

Sec. 13. That an amount equal to [the annual average of 25
percent of all amounts received for the applicable fiscal year
and each of the preceding 6 fiscal years] 25 percent of all
amounts received for the applicable fiscal year from each
national forest shall be paid, at the end of such year, by the
Secretary of the Treasury to the State in which such national
forest is situated, to be expended as the state legislature may
prescribe for the benefit of the public schools and public
roads of the county or counties in which such national forest
is situated: Provided, That when any national forest is in more
than one State or county the distributive share to each from
the proceeds of such forest shall be proportional to its area
therein. Beginning October 1, 1976, the term ``moneys
received'' shall include all collections under the Act of June
9, 1930, and all amounts earned or allowed any purchaser of
national forest timber and other forest products within such
State as purchaser credits, for the construction of roads on
the National Forest Transportation System within such national
forests or parts thereof in connection with any Forest Service
timber sales contract. The Secretary of Agriculture shall, from
time to time as he goes through his process of developing the
budget revenue estimates, make available to the States his
current projections of revenues and payments estimated to be
made under the Act of May 23, 1908, as amended, or any other
special Acts making payments in lieu of taxes for their use for
local budget planning purposes.

* * * * * * *

----------

DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
1999

stewardship end result contracting projects

Sec. 347. (a) In General.--Until September 30, [2013] 2017,
the Forest Service and the Bureau of Land Management, via
agreement or contract as appropriate, may enter into
stewardship contracting projects with private persons or other
public or private entities to perform services to achieve land
management goals for the national forests and the public lands
that meet local and rural community needs.

* * * * * * *

(c) Agreements or Contracts.--
(1) * * *
(2) Term.--A multiyear contract may be entered into
under subsection (a) in accordance with section 304B of
the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 254c), except that the period of the
contract may exceed 5 years but may not exceed [10
years] 20 years.

* * * * * * *

(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.
(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).
[(4)] (6) Relation to other laws.--The Forest Service
may enter into agreement or contracts under subsection
(a), notwithstanding subsections (d) and (g) of section
14 of the National Forest Management Act of 1976 (16
U.S.C. 472a).
[(5)] (7) Contracting officer.--Notwithstanding any
other provision of law, the Secretary of Agriculture or
the Secretary of the Interior may determine the
appropriate contracting officer to enter into and
administer an agreement or contract under subsection
(a).

* * * * * * *

----------

NATIONAL FOREST MANAGEMENT ACT OF 1976

* * * * * * *

timber sales on national forest system lands

Sec. 14. (a) * * *

* * * * * * *

(g) [Designation, marking when necessary,] Designation,
including marking when necessary, or designation by description
or by prescription, and supervision of harvesting of trees,
portions of trees, or forest products shall be conducted by
persons employed by the Secretary of Agriculture. Such persons
shall have no personal interest in the purchase or harvest of
such products and shall not be directly or indirectly in the
employment of the purchaser thereof.

* * * * * * *

ADDITIONAL VIEWS

Democrats are strongly committed to finding solutions to
the serious challenges facing rural, economically depressed
communities that depend on federal forests. Unfortunately, H.R.
1526 as ordered reported from the Committee is not that
solution. Provisions in the bill go well beyond what is
necessary to achieve the legislation's stated goals, would
dramatically alter the management of our national forests, and
undermine the multi-use mission of our public lands.
Title I would force the Secretary of Agriculture to create
timber production zones (Forest Reserve Revenue Areas) within
each national forest unit of the National Forest System. Each
unit would be required to meet annual timber volume targets set
at half of what the forest grows each year. Meeting these
targets would require logging and related road building in
currently protected, roadless areas and national monuments,
limit public review by legislatively prescribing compliance
with the National Environmental Protection Act (NEPA), limit
scientific review by establishing a ``non-jeopardy''
presumption for all logging projects, and limit judicial review
by requiring plaintiffs to post bonds and putting restrictions
and timelines on court decisions.
Title II is intended to address insects, disease, and other
forest health issues on National Forest and BLM lands. These
issues should be addressed in bipartisan legislation.
Unfortunately, this Title is overly broad and would allow the
Secretary to implement hazardous fuel projects using the
controversial expedited NEPA process provided in Title I. While
designated wilderness areas, areas already prohibited from
logging, and national monuments are excluded from the Title,
inventoried roadless areas are not. Further, we question the
need and wisdom of allowing governors to designate ``high risk
areas'' on Federal land.
Title IV would establish ``community forest demonstration
areas'' that would be managed by state boards of trustees, be
at least 200,000 acres, and be governed by state forest
practices laws. Devolving national forest system lands with a
multi-use mandate to state governments with a timber production
mandate under varying and less protective state laws is highly
problematic--not least because it would overturn more than 100
years of national forest management precedent. Title IV has
major implications for implementation of NEPA, ESA, the Clean
Water Act, and the Clean Air Act, as those statutes currently
apply to national forest lands. This model also calls into
question existing rights, subsurface rights, and tribal
sovereignty and consultation. Democrats strongly object to the
devolution of U.S. Forest Service lands to state and county
governments.
The minority strongly supports Section 501 of Title V to
extend the Secure Rural Schools and Community Self-
Determination Act of 2000 for one year at the Fiscal Year 2010
level. These support payments are critical to providing
struggling rural and forested counties across the country with
the resources they need to offer basic government services like
education, law enforcement, and health care to members of their
communities.
Democrats offered various amendments to modify the most
contentious provisions and to try to shape a bill that could be
supported on a bipartisan basis. Representative Huffman (D-CA)
offered an amendment that would have retained all federal
protections for our national forests while giving land
management agencies tools they need to better manage for the
impacts of climate change, forest health, and to help prevent
catastrophic wildfires. Provisions in the Huffman amendment
have already been passed by the U.S. Senate on a bipartisan
basis and could be signed into law tomorrow. Unfortunately,
that amendment was defeated on a party line vote. Democrats
offered amendments to strike the most controversial language of
the bill that undermines NEPA and ESA and to preserve the
status quo of herbicide application on the statutorily unique
O&C Lands. Those amendments were also defeated on a party line
vote.
Many of the management challenges associated with our
national forests are related to the lack of federal funding.
That's not a partisan issue. Both the Bush and Obama
administrations have come up short on funding for hazardous
fuel projects and providing our federal land management
agencies with the resources they need to carry out their
mandates. This problem is likely to get worse with budget
sequestration and shrinking federal budgets.
The Committee should focus on improving existing management
tools for our land management agencies. The agencies only now
appear ready to begin using the tools Congress gave them under
the Health Forest Restoration Act (HFRA) that we negotiated on
a bipartisan basis out of this Committee and out of the House.
There are also opportunities with stewardship contracting and
Good Neighbor Authority to lower agency costs, improve
ecosystem health, and produce substantial commercial value to
private contractors. These tools work and should be expanded
upon.
There is common ground on these issues. Democrats stand
ready to work with the majority to move forward on a bipartisan
basis on forest health, fire, disease, bugs, and providing
economic opportunity in rural, forest counties across the
country.

Peter A. DeFazio.
Niki Tsongas.
Grace F. Napolitano.
Jared Huffman.
Raul M. Grijalva.
Alan Lowenthal.
Tony Cardenas.
Carol Shea-Porter.
Rush Holt.
Madeleine Z. Bordallo.