[Senate Report 113-307]
[From the U.S. Government Publishing Office]
Calendar No. 646
113th Congress } { Report
SENATE
2d Session } { 113-307
======================================================================
OREGON AND CALIFORNIA LAND GRANT ACT
_______
December 11, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1784]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1784) to improve timber management on
Oregon and California Railroad and Coos Bay Wagon Road grant
land, and for other purposes, having considered the same,
reports favoralby thereon with an amendment and recommends 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 ``Oregon and
California Land Grant Act of 2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MANAGEMENT ON OREGON AND CALIFORNIA RAILROAD AND COOS BAY
WAGON ROAD GRANT LAND
Sec. 101. Management of Oregon and California Railroad and Coos Bay
Wagon Road grant land.
``Sec. 1. Short title.
``Sec. 2. Definitions.
``Sec. 3. Land management.
``Sec. 4. Aquatic and riparian protection.
``Sec. 5. Notice of intent.
``Sec. 6. Landscape prioritization plans.
``Sec. 7. Objections; O&C administrative review process;
judicial review.
``Sec. 8. Moist Forestry Emphasis Area.
``Sec. 9. Dry Forestry Emphasis Area.
``Sec. 10. Conservation Emphasis Areas.
``Sec. 11. Land management rationalization.
``Sec. 12. Distribution of funds.
Sec. 102. Designation of wild and scenic rivers.
TITLE II--TRIBAL LAND
Subtitle A--Oregon Coastal Land Conveyance
Sec. 201. Definitions.
Sec. 202. Conveyance.
Sec. 203. Map and legal description.
Sec. 204. Administration.
Sec. 205. Forest management.
Subtitle B--Canyon Mountain Land Conveyance
Sec. 211. Definitions.
Sec. 212. Conveyance.
Sec. 213. Map and legal description.
Sec. 214. Administration.
Sec. 215. Forest management.
Subtitle C--Amendments to Coquille Restoration Act
Sec. 221. Amendments to Coquille Restoration Act.
TITLE III--OREGON TREASURES
Subtitle A--Wild Rogue Wilderness Area
Sec. 301. Wild rogue wilderness area.
Subtitle B--Devil's Staircase Wilderness
Sec. 311. Definitions.
Sec. 312. Devil's Staircase Wilderness, Oregon.
Sec. 313. Wild and scenic river designations, Wasson Creek and Franklin
Creek, Oregon.
Subtitle C--Additional Wild and Scenic River Designations and Technical
Corrections
Sec. 321. Designation of wild and scenic river segments, Molalla River,
Oregon.
Sec. 322. Technical corrections to the Wild and Scenic Rivers Act.
Subtitle D--Frank Moore Wild Steelhead Sanctuary
Sec. 331. Definitions.
Sec. 332. Frank Moore Wild Steelhead Sanctuary, Oregon.
TITLE I--MANAGEMENT ON OREGON AND CALIFORNIA RAILROAD AND COOS BAY
WAGON ROAD GRANT LAND
SEC. 101. MANAGEMENT OF OREGON AND CALIFORNIA RAILROAD AND COOS BAY
WAGON ROAD GRANT LAND.
(a) In General.--The Act of August 28, 1937 (43 U.S.C. 1181a et
seq.), is amended--
(1) by redesignating sections 2, 4, and 5 (43 U.S.C. 1181b,
1181d, 1181e) as sections 13, 14, and 15, respectively; and
(2) by striking the first section and inserting the
following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Oregon and California Land Grant Act
of 2014'.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) 80 year old age class.--The term `80 year old age
class,' following the common usage by the Bureau of Land
Management, means a group of trees of which the average age of
the dominant trees is 75 to 85 years old, comprising part of or
an entire stand.
``(2) 90 year old age class.--The term `90 year old age
class', following the common usage by the Bureau of Land
Management, means a group of trees of which the average age of
the dominant trees is 85 to 95 years old, comprising part of or
an entire stand.
``(3) Adjacent private land.--The term `adjacent private
land' means any privately owned land that is--
``(A) contiguous to covered land as defined in this
Act; or
``(B) situated so that it is reasonably necessary to
use covered land as defined in this Act to access the
privately owned land.
``(4) Agency action.--The term `agency action' has the
meaning given the term in section 551 of title 5, United States
Code.
``(5) Archeological site.--The term `archeological site'
means any district, site, building, structure, or object that
is included, or eligible for inclusion, in the National
Register under section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).
``(6) Conservation emphasis area.--The term `Conservation
Emphasis Area' means the lands allocated for various purposes
in section 10, except for subsection (f), and generally
depicted on the map entitled `O & C Land Grant Act of 2014:
Conservation Emphasis Areas' and dated November 3, 2014 and the
lands generally depicted on the map entitled `O & C Land Grant
Act of 2014: Late Successional Old-Growth Forest Heritage Areas
and dated November 3, 2014.
``(7) Covered agency action.--The term `covered agency
action' means an agency action carried out by the Secretary,
through the U.S. Bureau of Land Management or U.S. Fish and
Wildlife Service, relating to the management of vegetation on
covered land.
``(8) Covered civil action.--The term `covered civil action'
means a civil action seeking judicial review of a covered
agency action.
``(9) Covered land.--The term `covered land' means the
approximately 2,800,000 acres of land designated as `Oregon and
California Railroad and Coos Bay Wagon Road grant land',
generally depicted as `covered lands' on the map entitled `O &
C Land Grant Act of 2014' and dated November 3, 2014, which
includes the approximately 410,000 acres of the Public Domain
and acquired lands in section 3(d), the approximately 72,000
acres of the reconveyed Coos Bay Wagon Road grant land that is
under the jurisdiction of the Department, and the approximately
311,500 acres of final BLM land, formerly Forest Service and
Army Corps of Engineers land, denoted in section 11 of this Act
entitled `Land Management Rationalization' all to be designated
O&C lands; provided further any lands later acquired by the
Secretary surrounding the area generally depicted on this map
shall also be covered lands and designated O&C lands; and
further provided that any lands otherwise intended to be
accepted into the O&C lands land base also be considered
`covered land' by this Act.
``(10) Decommission.--The term `decommission', with respect
to a road, means to restore any natural drainage, watershed
function, or other ecological process that has been disrupted
or adversely impacted by the road by--
``(A) removing or hydrologically disconnecting the
road prism;
``(B) reestablishing vegetation on the former road
prism; and
``(C) using the best available science to restore the
integrity and form of associated hill slopes, channels,
and floodplains.
``(11) Department.--The term `Department' means the
Department of the Interior.
``(12) Dry forest emphasis areas.--The term `Dry Forests'
means the land that is labeled as `Dry Forest' on the map
entitled `O & C Land Grant Act of 2014: Moist Forests and Dry
Forests' and dated November 3, 2014 and that is located within
the area labeled as `Forestry Emphasis Area' on the map
entitled `O & C Land Grant Act of 2014: Forestry Emphasis
Areas' and dated November 3, 2014.
``(13) Forest health.--The term `forest health' means
conditions that enable forested land--
``(A) to be durable, resilient, and less prone to
uncharacteristic wildfire, insect, or pathogen events,
while--
``(i) supporting ecosystem services and
populations of native species; and
``(ii) allowing for natural disturbances;
``(B) to maintain or develop species composition,
ecosystem function and structure, hydrologic function,
and sediment regimes that are within an acceptable
range that considers--
``(i) historic variability; and
``(ii) anticipated future conditions.
``(14) Forest management.--The term `forest management', with
respect to the activities of adjacent private land owners,
means any activity or plan reasonably necessary for the prudent
management, upkeep, and use of forested land, including--
``(A) timber harvesting, thinning, reforestation,
vegetation and pest management, and other silvicultural
activities;
``(B) development and harvest of other forest
resources and products;
``(C) fire prevention and suppression activities; and
``(D) installing, constructing, maintaining,
improving, and reconstructing--
``(i) roads;
``(ii) landings;
``(iii) yarding corridors and wedges;
``(iv) guyline supports; and
``(v) tail holds for permanent or temporary
use that are reasonably necessary for prudent
land management.
``(15) Late successional old-growth forest.--The term `late
successional old-growth forest' means a stand of trees equal to
or greater than \1/4\ acre in size and with a 90-year or older
age class of trees as of the date of enactment of the Oregon
and California Land Grant Act of 2014.
``(16) Legacy tree.--The term `legacy tree' means a live tree
that is determined to be equal to or greater than 150 years of
age, or a dead tree that is estimated to have been 150 years or
older when it died.
``(17) Moist forestry emphasis area.--The term `Moist
Forestry Emphasis Area' means the land that is labeled as
`Moist Forest' on the map entitled `O & C Land Grant Act of
2014: Moist Forests and Dry Forests' and dated November 3, 2014
and that is located within the area labeled as `Forestry
Emphasis Area' on the map entitled `O & C Land Grant Act of
2014: Forestry Emphasis Areas' and dated November 3, 2014,
excluding the lands generally depicted on the map entitled `O &
C Land Grant Act of 2014: Late Successional Old-Growth Forest
Heritage Areas and dated November 3, 2014.
``(18) Place into storage.--The term `place into storage',
with respect to a road, means--
``(A) to maintain the road in order to prevent
resource damage; but
``(B) to alter the road to eliminate all vehicular
traffic by--
``(i) for purposes of controlling erosion--
``(I) installing appropriate water
control structures, such as water bars;
or
``(II) ensuring the surface of the
road slopes such that water quickly
drains off the surface of the road;
``(ii) for purposes of preventing access by
vehicles--
``(I) blocking the entrance of the
road; and
``(II) scattering slash atop the road
surface; and
``(iii) for purposes of restoring native
vegetation--
``(I) scarifying lightly the surface
of the road;
``(II) seeding the surface of the
road, as needed; and
``(III) treating noxious weeds.
``(19) Residence.--The term `residence' means a privately
owned, permanent structure that is maintained for habitation as
a dwelling or workplace.
``(20) Salmon.--The term `salmon' means any of the wild
Oncorhynchus species that occur in the State of Oregon.
``(21) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management, or her designee.
``(22) Site-potential tree.--The term `site-potential tree'
means the average dominant tree, modeled at 200 years of age,
for a given site class.
``(23) Source water emphasis area.--The term `Source Water
Emphasis Area' means the areas identified as Source Water
Emphasis Area on the map entitled `O&C Land Grant Act of 2014:
Source Water Emphasis Areas' and dated November 3, 2014.
``(24) Sustained yield.--The term `sustained yield' means the
definition of sustained yield under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) applying the
ecological forestry principles and other provisions of this
Act.
``(25) Timber-by-product.--The term `timber-by-product' means
timber produced as a consequence of vegetative treatments or
other management actions undertaken solely to achieve
ecological goals.
``(26) Tree tipping and tree felling activity.--The term
`tree tipping and tree felling activity' means any activity
relating to the intentional felling and placement of a tree in
a stream or on the forest floor during a timber harvest
operation for the purposes of fish or stream or riparian
habitat improvement.
``(27) Vegetation management project.--The term `vegetation
management project' means an activity carried out on covered
land that involves the cutting of vegetation to achieve the
purposes of this Act.
``SEC. 3. LAND MANAGEMENT.
``(a) In General.--Notwithstanding the Act of June 9, 1916 (39 Stat.
218, chapter 137), and the Act of February 26, 1919 (40 Stat. 1179,
chapter 47), any portion of the revested Oregon and California Railroad
grant land or the reconveyed Coos Bay Wagon Road grant land that is
under the jurisdiction of the Department, here to for part of the
covered land as defined in this Act, shall be managed in accordance
with this Act.
``(b) Management.--The purposes of lands managed through this Act are
to provide collectively certainty and economic stability for local
communities and industries, fish and wildlife benefits, improved
ecological and hydrological function and health, improved forest
health, municipal and community drinking water, permanent forest
production for identified forestry areas, protection of watersheds and
regulation of stream flow, and recreational opportunities.
``(c) Applicability of Survey and Manage Requirements Under the
Northwest Forest Plan.--The document entitled `Northwest Forest Plan
Survey and Manage Mitigation Measure Standard and Guidelines' shall not
apply to any--
``(1) Dry Forestry Emphasis Area; or
``(2) Moist Forestry Emphasis Area.
``(d) Public Domain and Acquired Land, Coos Bay Wagon Road Lands, and
Land Management Rationalization Lands.--Any Federal public land
generally depicted as `covered lands' on the map entitled `O & C Land
Grant Act of 2014' and dated November 3, 2014, that is not designated
as Oregon and California Railroad grant lands under the Act of August
28, 1937 (43 U.S.C. 1181a et seq.), as of the date of enactment of the
Oregon and California Land Grant Act of 2014 shall be designated as
Oregon and California Railroad grant lands and managed as covered land
under this Act.
``(e) Restrictions Regarding Late Successional Old Growth Forest and
Legacy Trees.--
``(1) In general.--The Secretary may not cut or remove late
successional old-growth forests within any land designated
under section 4(a)(3)(A) and (B), section 8, within the Late
Successional Old Growth Heritage Forest Reserve or section 10
of this Act, allowing action--
``(A) for public safety purposes; or
``(B) to fulfill existing obligations pursuant to
agreements affecting adjacent private lands.
``(2) Forest management of legacy trees.--
``(A) In moist forests.--(i) Legacy trees shall not
be cut in areas designated under section 4(a)(3)(A) and
(B), allowing action for--
``(I) safety purposes; or
``(II) tree tipping and felling activities.
``(ii) When legacy trees are located within a Moist
Forest Emphasis Area the Secretary shall, to the
greatest extent practicable, protect legacy trees by
using them to meet the retention requirements
applicable under section 8.
``(B) In dry forests.--When legacy trees are located
within a Dry Forest Emphasis Area the Secretary shall
where appropriate protect legacy trees by using trees
to meet the retention requirements applicable under
section 9.
``(f) Compliance With Existing Laws.--Nothing in this Act modifies
any obligation--
``(1) of the Secretary to prepare or implement a land use
plan in accordance with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712);
``(2) under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(3) under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); or
``(4) under other law, except as expressly provided in this
Act in regard to other law.
``(g) Effect on Previous Designations.--If there is a conflict
between any portion of this Act and land protection designations
included in the National Landscape Conservation System or boundaries
for such designations, the more protective provision shall control.
``(h) Adjacent Private Land Landowner Actions.--
``(1) In general.--Without a permit from the Secretary, a
person may enter and treat adjacent Federal land in a Dry or
Moist Forestry Emphasis Area that is located within 100 feet of
the residence of that person if--
``(A) the residence is in existence on the date of
enactment of the Oregon and California Land Grant Act
of 2014;
``(B) the treatment is carried out at the expense of
the person;
``(C) the person notifies the Secretary of the intent
to treat that land; and
``(D) the Secretary has adequate supervisory,
monitoring, and enforcement resources to ensure that
the person carries out the treatment activities in
accordance with paragraph (3).
``(2) Notice.--
``(A) In general.--Not less than 30 days before
beginning to treat land described in paragraph (1), the
person shall notify, in writing, the Secretary of the
intention of that person to treat that land.
``(B) Additional notification.--The person shall also
notify the Secretary not less than 14 days before
beginning the treatment.
``(C) Commencement.--On receiving a notification to
treat land under paragraph (h), the Secretary, if the
requirements of paragraph (1)(D) are satisfied, shall
inform the person of the treatment requirements in
paragraph (3).
``(3) Treatment.--A person treating land described in
paragraph (1) shall carry out the treatment in accordance with
the following requirements:
``(A) No dead tree, nest tree, legacy tree, or tree
greater than 16 inches in diameter shall be cut.
``(B) No herbicide or insecticide application shall
be used.
``(C) Vegetation shall be cut so that--
``(i) less flammable species are favored for
retention; and
``(ii) the adequate height and spacing
between bushes and trees are maintained.
``(D) Any residual trees shall be pruned--
``(i) to a height of the lesser of 10 feet or
50 percent of the crown height of the tree; and
``(ii) so that all parts of the tree are at
not less than 10 feet away from the residence.
``(E) All slash created from treatment activities
under this subparagraph shall be removed or treated not
later than 60 days after the date on which the slash is
created.
``(F) Any material of commercial value generated by
the activity authorized in paragraph (1) is the
property of the United States.
``(i) Redesignations of Moist Forestry Emphasis Area and Dry Forestry
Emphasis Area Lands.--
``(1) Authorization to redesignate.--
``(A) Evaluation required.--Not later than 5 years
after the date of enactment of the Oregon and
California Land Grant Act of 2014 and every 5 years
thereafter, the Secretary--
``(i) shall evaluate the initial assignments
of `Dry Forest' and `Moist Forest' on the map
entitled `O&C Land Grant Act of 2014: Moist
Forest and Dry Forest' and dated November 3,
2014, and
``(ii) may, as the Secretary determines to be
necessary and in accordance with the criteria
described in paragraph (2)--
``(I) redesignate Moist Forestry
Emphasis Area land as Dry Forestry
Emphasis Area land; and
``(II) redesignate Dry Forestry
Emphasis Area land as Moist Forestry
Emphasis Area land.
``(B) Field examination.--In addition to adjustments
authorized under subparagraph (A), the Secretary may
adjust dry and moist forest assignments in specific
locations within a vegetation management project based
on an on-the-ground field examination by the Secretary.
``(2) Criteria.--
``(A) In general.--In redesignating land as Moist
Forestry Emphasis Area or Dry Forestry Emphasis Area,
the Secretary shall use the criteria described in this
paragraph.
``(B) Moist forestry emphasis area.--For purposes of
this subsection, land in the Moist Forestry Emphasis
Area generally--
``(i)(I) would have historically experienced
infrequent wildfires at intervals that are
greater than 100 years; and
``(II) these wildfires would have included
significant areas of partial or complete stand-
replacement intensity; and
``(ii) dominated by 1 or more of the
following plant association groups:
``(I) The Western Hemlock (Tsuga
heterophylla) series.
``(II) The Sitka Spruce (Picea
sitchensis) series.
``(III) The Western Red cedar (Thuja
plicata) series.
``(IV) The Pacific Silver Fir (Abies
amabilis) series.
``(V) The Mountain Hemlock (Tsuga
mertensiana) series.
``(VI) The Subalpine Fir-Engelmann
Spruce (Abies lasiocarpa-Picea
engelmannii) series.
``(VII) The Tanoak (Lithocarpus
densiflorus) series.
``(VIII) The Moist Grand Fir (Abies
grandis) plant association group.
``(IX) The Moist White Fir (Abies
concolor) plant association group.
``(C) Dry forestry emphasis area.--For purposes of
this subsection, land in the Dry Forestry Emphasis Area
generally--
``(i)(I) would have historically experienced
relatively frequent wildfires; and
``(II) these wildfires would have been
predominantly low or mixed in severity; and
``(ii) dominated by 1 or more of the
following plant association groups:
``(I) The Moist Grand Fir (Abies
grandis) plant association group.
``(II) The Moist White Fir (Abies
concolor) plant association group.
``(III) The Ponderosa Pine (Pinus
ponderosa) series.
``(IV) The Oregon White Oak (Quercus
garryana) series.
``(V) The Douglas-fir (Pseudotsuga
menziesii) series.
``(VI) The Jeffrey Pine (Pinus
jeffreyi) series.
``(VII) The Dry Grand Fir (Abies
grandis) plant association group.
``(VIII) The Dry White Fir (Abies
concolor) plant association group.
``(D) Mixed forests.--
``(i) In general.--For purposes of this
subsection, the Secretary may consider land
that contains a Moist Grand Fir or a Moist
White Fir plant association group as Moist
Forestry Emphasis Area or Dry Forestry Emphasis
Area based on the condition of the land,
landscape context, or management goals.
``(ii) Mixed forests.--For land that meets
criteria under both subparagraphs (B) and (C),
the Secretary may choose to categorize the land
as either Moist Forestry Emphasis Area or Dry
Forestry Emphasis Area to align with the
designations of adjacent covered land.
``(3) Public comment.--In carrying out subsection (i)(1)(A),
the Secretary shall provide the public a period of not less
than 60 days to comment on a proposed redesignation of land.
``(j) Existing Rights.--Notwithstanding any other section of this
Act, nothing in this Act--
``(1) affects any private ownership or rights, including
rights-of-way and reciprocal rights-of-way agreements, tail
hold agreements, permits, easement obligations, and tribal
treaty rights; or
``(2) affects the ability or process under which the
Secretary can grant new permissions or terminates any valid
existing lease, permit, patent, agreement, or other right of
authorization, including new permissions for an existing lease,
permit, patent, agreement, or other right of authorization for
forest management activities, upon enactment of the Oregon and
California Land Grant Act of 2014.
``(k) Jurisdiction.--Nothing in this Act affects the jurisdiction of
the State of Oregon with respect to the management of fish and wildlife
on public land in the State.
``(l) Pesticide Use and Fire Protection.--
``(1) Pesticides may be used within the covered land, if the
use--
``(A) is limited to plants listed by the Oregon
Department of Agriculture as invasive plants;
``(B) is part of an integrated pest management plan;
and
``(C) is restricted to the use of various ground-
based systems that are designed to target only invasive
plants.
``(2) The Secretary and the State of Oregon shall develop an
agreement to provide fire protection on the covered lands,
renegotiable every 5 years after the date of enactment to
reassess fire protection needs.
``(m) Special Management and Research Areas.--
``(1) In general.--The Secretary shall designate 50,000 acres
across 2 to 5 sites in the covered land to include moist
forests and dry forests, as generally depicted on the map
entitled `O&C Land Grant Act of 2014: Moist Forest and Dry
Forest' and dated November 3, 2014, to be managed by the
Secretary in consultation and coordination with Oregon State
University as agreed to through a memorandum of understanding
as special management and research areas in accordance with the
criteria described in paragraph (2).
``(2) Criteria.--In designating land as special management
and research areas under paragraph (1), the Secretary shall
designate--
``(A) land that is designated as `Forestry Emphasis
Areas' on the map described in paragraphs (12) and (17)
of section 2;
``(B) land, to the maximum extent practicable,
contiguous to other land designated under paragraph
(1);
``(C) land within close proximity of other land
designated under paragraph (1);
``(D) land located within 150 miles of the main
campus of Oregon State University in Corvallis, Oregon;
and
``(E) land selected in consultation with Oregon State
University.
``(3) Authorized projects.--Land designated under paragraph
(1) shall be used by institutions of higher education,
primarily in the State of Oregon, for the conduct of research
projects and demonstration projects that address--
``(A) increasing social awareness and knowledge of
the environmental, social, and economic impacts on the
implementation of ecological forestry on public land;
``(B) improving the health of rural communities and
citizens;
``(C) reducing uncharacteristic fires and the
degradation of ecosystem health;
``(D) increasing conservation with a landscape
approach;
``(E) relative to the retention requirements at
variable retention harvest, half of the Moist Forestry
Emphasis Area will be managed under section 8(b)(4)(E)
and half will be managed as under section 8(b)(2)(c);
and
``(F) understanding and conducting research on
riparian reserve approaches authorized under this Act.
``(4) Monitoring.--Work performed on land designated under
paragraph (1) shall include pre- and post-treatment monitoring
on the land.
``(5) Institutions of higher education.--At least 10 percent
of the authorized projects conducted annually under this
subsection shall be conducted by an institution of higher
education other than Oregon State University.
``(6) Minimum acreage.--
``(A) In general.--At least 3,750 acres of the land
designated under paragraph (1) shall be treated during
each 5-year period.
``(B) Failure to treat.--If the minimum acreage under
subparagraph (A) is not treated for two 5-year periods
during a 20-year period, management of the land
designated under paragraph (1) shall revert to
management by the Secretary.
``(7) Review.--The Secretary shall--
``(A) review and decide whether to permit each
proposed treatment to be conducted as part of an
authorized project under this subsection; and
``(B) review for adequacy the documentation required
to be prepared for each treatment.
``(8) Calculation.--The Secretary shall estimate--
``(A) the quantity of timber that can be produced in
the sustained yield base from the Moist Forestry
Emphasis Area, not including riparian reserves
established under section 4, late successional old-
growth forest reserves and other reserves; and
``(B) the quantity of timber-by-product from the
Moist Forestry Emphasis Area, including riparian
reserves established under section 4, and the portions
of the Dry Forest Emphasis Area covered by this
section.
``(n) Transition.--
``(1) In general.--During the period beginning on the date of
enactment of the Oregon and California Land Grant Act of 2014
and ending 90 days after the date on which the record of
decision is completed under section 6, a transition period
shall be in effect in accordance with this section.
``(2) Management.--
``(A) Existing contracts.--Any timber sale or
agreement to perform work on covered land that was
entered into by the Secretary before the date of
enactment of the Oregon and California Land Grant Act
of 2014 shall remain binding and effective according to
the terms of the contract.
``(B) Pending timber sales.--Timber sales for which
review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) has been completed or
will be completed not later than 90 days following the
date of enactment of the Oregon and California Land
Grant Act of 2014 shall continue as planned.
``(C) Interim projects.--The Secretary may conduct
vegetation management projects on the covered land
during the transition period on the conditions that the
vegetation management projects--
``(i) comply with the designations and
requirements of this Act; and
``(ii) are reviewed pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), outside of the process described
in section 7.
``(D) Administration.--The Secretary shall seek to
make such accommodations as are necessary to avoid
interfering with the performance of a timber sale or
work agreement described in paragraph (1) or (2).
``(3) Special administrative review process.--The procedures
established under section 105 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6515) shall be the only
process to administratively challenge projects during the
transition period.
``SEC. 4. AQUATIC AND RIPARIAN PROTECTION.
``(a) Aquatic Conservation Strategy.--
``(1) In general.--The Secretary shall carry out the Aquatic
Conservation Strategy incorporated in its entirety by reference
for covered lands as set forth in the Northwest Forest Plan
1994 Record of Decision for Amendments to Forest Service and
Bureau of Land Management Planning Documents Within the Range
of the Northern Spotted Owl, (hereinafter `NWFP' and its
Standards and Guidelines in Attachment A to the 1994 Record of
Decision (hereinafter referred to as `Aquatic Conservation
Strategy') , and as modified herein.
``(2) Program components modified.--In addition to those
program components contained in the Aquatic Conservation
Strategy of the NWFP, the aquatic conservation strategy under
paragraph (1) shall also incorporate provisions for watershed
analysis in accordance with paragraph (2)(A), and riparian
reserve establishment and management within the Moist Forestry
Emphasis Area or Dry Forestry Emphasis Area but that are not
within Source Water Emphasis Areas or within Key Watersheds
designated in the Aquatic Conservation Strategy in accordance
with paragraph (3).
``(A) Watershed analysis.--
``(i) The Secretary shall develop appropriate
management actions for a watershed, including
adjustment of riparian reserve widths under
subsection (b)(3)(A)(ii); and
``(ii) Within 90 days and via a contractor if
necessary, determine the ecological importance
of streams in the covered area using the
following criteria:
``(I) The importance of the streams
to salmonid and other native aquatic
species.
``(II) The potential impacts of
thermal loading.
``(III) The presence of areas of high
erosion potential.
``(IV) The potential for the delivery
and deposition of sediment and wood
from upslope sources.
``(B) Vegetation management.--Vegetative management
projects undertaken in riparian reserves or vegetative
management projects or harvest undertaken in the outer
riparian zone shall not cut or harvest trees in the 90-
year-age class or above.
``(3) Establishment and activities within one site-potential
tree height of streams within forest emphasis areas as
variations on section 4(a).--
``(A) Riparian reserve.--
``(i) In general.--The Secretary shall
establish within Forestry Emphasis Areas
described in paragraph (2)(A) riparian reserves
in accordance with clause (ii).
``(ii) Widths.--The widths of a riparian
reserve established under clause (i) shall be
as follows:
``(I) 1 site-potential tree or 150-
feet slope distance, whichever is
greater, from a fish-bearing stream of
great ecological importance, as
determined by the Secretary.
``(II) 1 site-potential tree or 150-
feet slope distance, whichever is
greater, from a nonfish-bearing stream
of great ecological importance, as
determined by the Secretary
``(III) 100-feet slope distance from
a fish-bearing stream that is not a
stream described in subclauses (I) and
(II).
``(IV) 50-feet slope distance from a
nonfish-bearing stream that is not a
stream described in subclauses (I) and
(II).
``(iii) Forest management activities.--The
ecological forestry practices established in
sections 8 and 9 of this Act shall apply the
riparian reserves established in clause (ii)
and the riparian management of section 4 of
this Act.
``(B) Outer riparian zones.--
``(i) Establishment and management of the
outer riparian zone.--
``(I) In general.--The outer riparian
zone is the area between the riparian
reserve established in clause (A)(ii)
and one site-potential tree height.
``(II) Management.--The Secretary may
carry out harvest in areas in the outer
riparian zones using the standards for
ecological forestry in Forestry
Emphasis Areas subject to section
4(a)(3)(D) and other relevant
provisions of this Act.
``(C) Tree-tipping and tree felling activities.--When
harvesting timber within the outer riparian zone, the
Secretary shall employ tree tipping and tree felling
activities during the harvest to maintain wood
recruitment to adjacent streams.
``(D) Tree retention levels in aquatic areas.--Not
later than 60 days after the date of enactment of the
Oregon and California Land Grant Act of 2014, the
Secretary, in consultation with the Director of the
United States Fish and Wildlife Service, the
Administrator of the National Oceanic and Atmospheric
Administration, the Director of the United States
Geological Survey and the Administrator of the
Environmental Protection Agency, shall establish
minimum live and dead tree retention levels for
thinning and other vegetation management projects
consistent with the goals identified in subsection
(a)(1).
``(4) Management activities for conservation area riparian
reserves, key watersheds & source water emphasis areas.--
Riparian reserves and reserve widths within the Conservation
Emphasis Areas, source water emphasis areas, and Key Watersheds
shall be managed to carry out the Aquatic Conservation Strategy
as set forth in subsection (a)(1) without modifications set
forth in subsection (a)(2).
``(5) Adjustment of riparian reserve widths and management.--
``(A) In general.--Not earlier than 5 years after the
date of enactment of the Oregon and California Land
Grant Act of 2014, and not more frequently than once
each 5 years thereafter, the Secretary may adjust the
riparian reserve widths established under paragraph
(1), as well as the size of designated key watersheds,
subject to the advice of the scientific committee
established under subparagraph (B).
``(B) Scientific committee.--
``(i) Establishment.--The Secretary shall
establish a scientific committee made up of
scientific and land management expertise to
determine whether the riparian reserve widths
and management should be adjusted to better
attain the goals and objectives of the Aquatic
Conservation Strategy.
``(ii) Outside membership.--In addition to
not more than 6 representatives of the Federal
Government (including 1 representative of each
of the Bureau of Land Management, the National
Oceanic and Atmospheric Administration, the
United States Geological Survey, the
Environmental Protection Agency, the United
States Forest Service, and the United States
Fish and Wildlife Service), the scientific
committee shall include 6 individuals, to be
appointed by the Secretary, who--
``(I) are not full-time employees of
the Federal Government; and
``(II) have expertise relating to
aquatic and riparian ecosystems, as
demonstrated by--
``(aa) an advanced degree in
a related field; and
``(bb) subsequent relevant
work experience.
``(iii) Duties.--The scientific committee
shall make recommendations regarding whether
the riparian reserve widths and management
should be adjusted on individual bodies of
water, and submit said recommendations to the
Secretary in a report, taking into
consideration--
``(I) the criteria listed in section
4(a)(2)(A)(ii);
``(II) additional criteria deemed
appropriate;
``(III) new scientific information
and understanding; and
``(IV) the need to manage covered
lands per section 3(b).
``(iv) Public review & comment.--On receipt
of the report under clause (iii), the Secretary
shall--
``(I) make the report available to
the public; and
``(II) provide a period of not less
than 60 days for public comment
regarding the recommendations contained
in the report.
``(v) Decision to adjust.--After taking into
consideration the report under clause (iii) and
any public comments received under clause
(iv)(II), the Secretary may adjust the riparian
reserve width--
``(I) taking into consideration the
recommendations included in the report,
and the public comments; and
``(II) if the Secretary determines
that the adjustment meet the aquatic
goals established in the Aquatic
Conservation Strategy under paragraph
(a)(1) and would be in the public
interest.
``(b) Roads.--
``(1) In general.--Except as provided in sections 3(e) and
3(j) of this Act, and paragraph (2) of this subsection, the
Secretary shall not construct a road inside a riparian reserve.
``(2) Exceptions.--
``(A) Temporary roads.--The Secretary may construct a
temporary road to enter a riparian reserve, including
crossing a stream where necessary, to complete a
vegetation management project, if--
``(i) there is no existing road system that
can be used;
``(ii) it is not possible to construct a road
outside of the riparian reserve;
``(iii) the temporary road is decommissioned
no more than 2 years after it is constructed or
and the project for which it was constructed is
completed, whichever comes first; and
``(iv) any significant potential adverse
impacts from the construction of any temporary
road do not persist more than 1 year after the
temporary road is decommissioned.
``(B) Permanent roads.--The Secretary may realign an
existing road permanently inside a riparian reserve,
including the replacement of stream crossings, if the
Secretary determines that the realignment will
maintain, restore, or improve aquatic or riparian
ecosystems and water quality.
``(c) Stream Improvement Work.--
``(1) In general.--The Secretary may conduct certain
activities on the covered land in accordance with this
subsection.
``(2) Permitted activities.--
``(A) Tree tipping and felling activities.--During a
vegetation management project, the Secretary may carry
out tree tipping and tree felling activities within the
riparian reserves in Dry Forestry Emphasis Areas or
Moist Forestry Emphasis Areas as the Secretary
determines necessary to improve habitat for aquatic
species.
``(B) Woody debris augmentation.--The Secretary shall
annually, subject to appropriations, use not less than
$1,000,000, indexed for inflation, of amounts made
available under section 12(c) to transport and place
large trees in streams on Federal, State, or private
land to improve fish habitat.
``(C) Native vegetation.--Within riparian reserves,
the Secretary may only plant vegetation that is native
to the site.
``(D) Culvert replacement.--The Secretary may replace
a culvert that impedes the passage of fish or is unable
to withstand a 100-year flood event.
``(3) Activities categorically excluded from review.--Except
as provided in paragraph (4), each activity described in
paragraph (2) shall be--
``(A) considered an action categorically excluded
from review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) or section 1508.4 of
title 40, Code of Federal Regulations (or a successor
regulation); and
``(B) exempt from administrative review.
``(4) Exclusion of certain areas.--Paragraph (3) does not
apply to any activity located in--
``(A) a component of the National Wilderness
Preservation System;
``(B) a component of the National Wild and Scenic
Rivers System;
``(C) lands with wilderness characteristics as
defined in the Bureau of Land Management Manual
provisions 6310 and 6320; or
``(D) a Conservation Emphasis Area established by
section 10 if the activity would be inconsistent with
the purposes and values for which the area was
established.
``SEC. 5. NOTICE OF INTENT.
``(a) In General.--Not later than 30 days after the date of enactment
of the Oregon and California Land Grant Act of 2014, and every 5 years
thereafter the Secretary shall publish in the Federal Register a notice
of intent to prepare--
``(1) the landscape prioritization plan; and
``(2) the draft comprehensive environmental impact statements
required under section 6(g)(2).
``(b) Public Comment.--During the 45-day period beginning on the date
of publication of the notice of intent under subsection (a), the
Secretary shall solicit public comments regarding--
``(1) the scope and content of the documents described in
subsection (a); and
``(2) the impacts that the Secretary should analyze regarding
the alternatives in the draft comprehensive environmental
impact statements described in subsection (a)(2).
``(c) Coordination With Preparation of Land Use Plans.--The Secretary
shall include the notice of intent in the development or revision of a
land use plan required under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) for the covered land or shall
amend the land use plan required under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712) for the covered
land.
``(d) Initiation of Early Planning and Consultation Agreement.--Not
later than 30 days after the date on which a notice of intent is
published under subsection (a), the Secretary of the Interior, the
Secretary of Commerce, and the Administrator of the U.S. Environmental
Protection Agency shall--
``(1) enter into an early planning and consultation
agreement, including timelines, regarding the development of
information, data and/or documents required to carry out this
Act with--
``(A) the United States Fish and Wildlife Service;
``(B) the National Oceanic and Atmospheric
Administration;
``(C) the Environmental Protection Agency; and
``(D) the U.S. Geological Survey; and
``(2) invite to serve as cooperating agencies or to provide
comments regarding the notice of intent--
``(A) the State of Oregon;
``(B) Federally recognized Indian tribes with
ancestral land or officially ceded lands in the covered
land; and
``(C) affected units of local government.
``SEC. 6. LANDSCAPE PRIORITIZATION PLANS.
``(a) In General.--Not later than 270 days after the date of
enactment of the Oregon and California Land Grant Act of 2014, and
every 5 years thereafter the Secretary, shall develop and make
available to the public a landscape prioritization plan, which shall
prioritize vegetation management projects and describe activities to be
performed and areas to be established to satisfy landscape-related
needs in the covered land--
``(1) as a part of the development or revision of a land use
plan required under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) for the covered land;
and
``(2) implement the landscape prioritization plan required in
this section through the comprehensive environmental impact
statements regardless of whether a revision of that land use
plan has been completed.
``(b) Coordination.--The Secretary shall develop the landscape
prioritization plan under this section under the agreement entered into
under section 5(d) in coordination with the Director of the United
States Fish and Wildlife Service and the Administrator of the National
Oceanic and Atmospheric Administration to ensure that the landscape
prioritization plan complies with the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) and in coordination with the State of Oregon
to ensure compliance with water quality standards adopted under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
``(c) Components.--
``(1) Projects in moist forestry emphasis area.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall identify the locations of the
vegetation management projects that the Secretary
proposes to conduct in the Moist Forestry Emphasis Area
for the length of each Landscape Prioritization Plan.
``(B) Requirements.--
``(i) In general.--For each consecutive 5-
year period during the period described in
subparagraph (A), the Secretary shall plan to
conduct--
``(I) variable retention harvest
consistent with this Act across stands
that comprise 4 to 6 percent of the
Moist Forestry Emphasis Area, subject
to clause (ii); and
``(II) thinning activities consistent
with this Act across stands in Moist
Forest Emphasis Area
``(ii) Vegetation management projects.--The
locations of the proposed vegetation management
projects under clause (i)(I) shall be
distributed across the Bureau of Land
Management districts, to the extent
practicable.
``(2) Projects in dry forestry emphasis area.--The Secretary
shall identify the locations of the vegetation management
projects consistent with ecological forestry principles the
Secretary proposes to conduct in the Dry Forestry Emphasis Area
for each consecutive length of the Landscape Prioritization
Plan beginning on the date of enactment of the Oregon and
California Land Grant Act of 2014.
``(3) Projects in conservation emphasis area.--The Secretary
shall identify the locations of vegetation management projects,
including habitat protection or restoration projects, the
Secretary proposes to conduct in the Conservation Emphasis Area
consistent with section 10 for the length of each Landscape
Prioritization Plan beginning on the date of enactment of the
Oregon and California Land Grant Act of 2014.
``(4) Specific information for projects.--
``(A) In general.--For each vegetation management
project proposed by the Secretary, the Landscape
Prioritization Plan shall include an identification
of--
``(i) the location of forest stands to be
treated;
``(ii) the approximate size and timing of the
treatment in those stands;
``(iii) the specific vegetation treatment
recommended for each forest stand; and
``(iv) the goals and objectives for any
habitat protection or restoration projects.
``(B) Onsite reviews.--In addition to identifying
forest stands under subparagraph (A), the Secretary
shall conduct onsite reviews to verify, at a minimum--
``(i) riparian and aquatic parameters and
assessments;
``(ii) any streams or aquatic resources
within the specific stands;
``(iii) water quality;
``(iv) the presence of sensitive or special
status species and habitats;
``(v) road conditions and information; and
``(vi) forest stand boundaries.
``(d) Public Comment.--The Secretary shall solicit public comments
regarding the landscape prioritization plan for a period of not less
than 60 days after the date on which the Secretary makes the landscape
prioritization plan available to the public.
``(e) Revised Plan.--The Secretary shall revise the Landscape
Prioritization Plan as the Secretary considers to be necessary, based
on public comments received under subsection (d).
``(f) Monitoring and Long-term Evaluation.--
``(1) In general.--Each Landscape Prioritization Plan
implementation shall be monitored annually, and evaluated every
5 years as a part of the development or revision of a resource
management plan required under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.1712) for the
covered land, with opportunity for public comment prior to
finalizing the monitoring assessments.
``(2) Components of the monitoring assessment.--In preparing
the monitoring assessment, the Secretary shall include
assessments and reports on--
``(A) changes in the volume and quality of timber
sold;
``(B) changes in water quality;
``(C) changes in recreation;
``(D) the effectiveness of fish and wildlife
protections;
``(E) the effectiveness of measures to prevent
uncharacteristic wildfire; and
``(F) changes in forest health and fish and wildlife
habitat.
``(3) Components of landscape prioritization plan to be
monitored and evaluated.--Each Landscape Prioritization Plan
shall include for monitoring and evaluation a description of
the Moist Forest Emphasis Areas and Dry Forest Emphasis Areas--
``(A) for Moist Forestry Emphasis Areas--
``(i) landscape-level plans depicting areas
of the moist forest landscape that would result
in a distribution of variable retention
regeneration harvests to ensure the desired
placement and the appropriate scale of
vegetation management projects; and
``(ii) areas that will accelerate the
development of complex forest structure,
including opportunities to create spatial
heterogeneity (such as creating skips and
gaps), in a young stand that has a canopy that
has closed and been simplified through past
forest management;
``(B) for Dry Forestry Emphasis Areas--
``(i) a landscape-level plan depicting areas
of dry forest landscape that will be left over
the length of the Landscape Prioritization Plan
in a denser condition beginning on the date of
enactment of the Oregon and California Land
Grant Act of 2014; and
``(ii) areas that will minimize and reduce
the risk of uncharacteristic fire and insect
events, and improve fire resiliency
particularly if critical components and values
are at risk, including--
``(I) communities in the wildland-
urban interface (as defined in section
101 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511)); and
``(II) valuable forest structures,
such as legacy trees and oak savannas
that are in need of restoration or in
danger from a potential fire risk;
``(C) for Conservation Emphasis Areas the Secretary
shall describe and evaluate the landscape-level plan
depicting areas of the Conservation Emphasis Areas that
will be left in a more natural condition over the
length of the Landscape Prioritization Plan beginning
on the date of enactment of the Oregon and California
Land Grant Act of 2014.
``(g) Annual Monitoring.--The Secretary shall annually use not less
than $1,000,000, adjusted for inflation, of the amounts made available
under section 13(c) to monitor short-term and long-term changes in
forest health, water quality, and fish and wildlife habitat.
``(h) Environmental Compliance.--
``(1) In general.--The Secretary shall implement the
Landscape Prioritization Plan, including priorities and
vegetation management projects identified in a landscape
prioritization plan under section 6(a), in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the requirements of this section.
``(2) Draft comprehensive environmental impact statements.--
Not later than 18 months after the date of enactment of the
Oregon and California Land Grant Act of 2014, and every 5 years
thereafter the Secretary shall publish notice in the Federal
Register of the availability for public review of 2 draft
comprehensive environmental impact statements for the
vegetation management projects proposed to be carried out
during the 5- year period, of which--
``(A) one shall cover the Moist Forestry Emphasis
Area and, of the Conservation Emphasis Areas designated
under section 10--
``(i) the Conservation Network that is
predominantly moist forest;
``(ii) the Late Successional Old-Growth
Forest Heritage Reserves;
``(iii) the Drinking Water Special Management
Units;
``(iv) the Molalla National Recreation Area;
``(v) the Crabtree Valley Primitive
Backcountry Area;
``(vi) the Brummit Fir Primitive Backcountry
Area;
``(vii) the Kilchis Wild Salmon Refuge Area;
and
``(viii) the Protected Environmental Zones
that are predominantly moist forest; and
``(B) one shall cover the Dry Forestry Emphasis Area
and, of the Conservation Emphasis Areas designated
under section 10--
``(i) the Conservation Network that is
predominantly dry forest;
``(ii) the Rogue Canyon National Recreation
Area;
``(iii) the Illinois Valley Salmon and
Botanical Area;
``(iv) the Grizzly Peak Primitive Backcountry
Area;
``(v) the Dakubetede Primitive Backcountry
Area;
``(vi) the Wellington Wildlands Primitive
Backcountry Area;
``(vii) the Mungers Butte Primitive
Backcountry Area;
``(viii) the Pacific Crest Trail Corridor;
``(ix) the Applegate Primitive Backcountry
Area; and
``(x) the Protected Environment Zones that
are predominantly dry forest.
``(3) Alternatives.--Each draft comprehensive environmental
impact statement under this subsection shall analyze different
locations for the relevant vegetation management projects
under--
``(A) the no-action alternative; and
``(B) three other alternatives that are consistent
with this Act.
``(4) Interagency coordination and cooperation.--The
Secretary shall require the Directors of the U.S. Bureau of
Land Management and the U.S. Fish and Wildlife Service to
coordinate and cooperate between their agencies, and shall
coordinate and cooperate with the Secretary of Commerce in
developing each draft comprehensive impact statement under this
subsection to ensure compliance with the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).
``(5) Public comment.--The Secretary shall solicit public
comment regarding the draft comprehensive environmental impact
statements under subsection (b) during the 60-day period
beginning on the date on which the Secretary makes the draft
comprehensive environmental impact statements available to the
public.
``(6) Final comprehensive environmental impact statements.--
Not later than 27 months after the date of enactment of the
Oregon and California Land Grant Act of 2014, and 9 months
after publication of subsequent draft comprehensive
environmental impact statements the Secretary--
``(A) shall prepare 2 final comprehensive
environmental impact statements for the vegetation
management projects that have been identified in the
draft comprehensive environmental impact statements in
paragraph (2);
``(B) shall publish in the Federal Register a notice
of availability for public review of the final
comprehensive environmental impact statements; and
``(C) may publish the final comprehensive
environmental impact statements in conjunction with the
environmental impact assessments relating to the land
use plan developed by the Bureau of Land Management for
the covered land.
``(7) Records of decision.--Except as provided in section
7(a), not later than 60 days after the date on which a notice
of availability of the final comprehensive environmental impact
statements is published in the Federal Register, the Secretary
shall issue a record of decision relating to the vegetation
management projects analyzed in the final comprehensive
environmental impact statements.
``SEC. 7. OBJECTIONS; O&C ADMINISTRATIVE REVIEW PROCESS; JUDICIAL
REVIEW.
``(a) O & C Administrative Review Process.--
``(1) In general.--During the 60-day period described in
section 6(h)(7), an eligible person may file an objection to
the final comprehensive environmental impact statement, or
during the first 15 days of the 90-day period described in
section 7(b) an eligible person may protest a proposed
vegetation management project. This objection or protest must
be used in lieu of any other appeal that may be available. A
protest will be considered and treated as an objection in this
subsection.
``(2) Eligibility.--To be eligible to file an objection to
the final environmental impact statement or a protest for a
proposed vegetation management project under paragraph (1), a
person shall have submitted to the Secretary during the 60-day
period described in section 6(h)(5) written comments that
describe the objections to the action proposed under the final
comprehensive environmental impact statement.
``(3) Eligible project level objections.--An objection to an
individual vegetation management project may only be filed
under paragraph (1) if the objector can show--
``(A)(i) a proposed activity under the vegetation
management project is inconsistent with a record of
decision; and
``(ii) the likely impacts of that activity are
inconsistent with the impacts analyzed in the final
comprehensive environmental impact statement;
``(B) the vegetation management project violates the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
or the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); or
``(C)(i) in the circumstance of new information,
changed circumstances, or changed conditions on a
particular project that may result in significant
negative environmental impacts that were not
encompassed in the analysis in the applicable final
comprehensive environmental impact statement; and
``(ii) those circumstances were not considered in the
final comprehensive environmental impact statement.
``(4) Response.--The Secretary shall respond in writing to an
objection filed under paragraph (1) not later than 30 days
after the date on which the objection is filed.
``(5) Supplement.--In response to an objection filed under
paragraph (1), the Secretary may supplement the final
comprehensive environmental impact statement or the draft
Record of Decision to reflect the objection.
``(6) Timing of record of decision.--If a person files an
objection under section 7(a)(1) relating to a final
comprehensive environmental impact statement, the Secretary
shall publish a record of decision for that final comprehensive
environmental impact statement--
``(A) immediately after the Secretary responds to the
objection; or
``(B) as soon as practicable after the date on which
the Secretary supplements the final comprehensive
environmental impact statement to reflect that
objection under section 7(a)(4).
``(b) Delay of Implementation.--The Secretary shall not offer for a
bid or implementation a vegetation management project pending the
disposition of the objection. Not less than 90 days prior to actual
commencement of the project, notice of a bid or implementation shall be
published in the Federal Register and mailed electronically to each
person that submitted comments on a comprehensive environmental impact
statement and requested a reply.
``(c) Judicial Review.--
``(1) In general.--A person may only challenge a covered
agency action in a United States district court by bringing a
covered civil action.
``(2) Venue.--Venue for any covered civil action shall lie in
the United States District Court for the District of Oregon or
the United States District Court for the District of Columbia.
``(3) Additional standing requirements for nepa.--A person
shall only have standing to bring a covered civil action under
paragraph (1) for claims under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), if that person
filed an objection under subsection (a)(1).
``(4) Eligibility.--A reviewing court under this subsection
shall not consider any issue in a covered civil action unless
the issue has previously been raised, in the discretion of the
court, in writing in the administrative review process
described in section 7(a) or through other judicial notice
provisions required by Federal law.
``(5) Limitation of actions.--A covered civil action shall
not be maintained unless the covered civil action commenced not
later than 75 days after the date on which the covered agency
action to which the covered civil action relates is final.
``(6) Expedited proceedings.--
``(A) In general.--Congress expects that judicial
review of covered actions will be based on review of
the administrative record prepared by the Secretary.
``(B) Disposition.--The disposition of the complaint,
by summary judgment or any other mechanism, shall
commence not later than 190 days after the date on
which the covered civil action is commenced.
``(C) Expeditious completion of judicial review.--
Congress encourages a court of competent jurisdiction
to expedite, to the maximum extent practicable, the
proceedings in a covered civil action with the goal of
rendering a final determination on the merits of the
covered civil action as soon as practicable after the
date on which a complaint or appeal is filed to
initiate the action.
``(7) Applicability.--Except as otherwise provided in this
section, judicial review of a covered agency action shall be
conducted in accordance with subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly known as
the `Administrative Procedure Act').
``SEC. 8. MOIST FORESTRY EMPHASIS AREA.
``(a) In General.--
``(1) Conformity with principle of sustained yield.--Timber
from the Moist Forestry Emphasis Area shall be sold, cut, and
removed in conformity with the principle of sustained yield as
defined by the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.) and in accordance with the provisions
of this Act.
``(2) Production levels.--The Secretary shall maintain the
highest consistent timber production levels that can be
sustained under ecological forestry principles and other
provisions described in this Act.
``(3) Calculation.--
``(A) In general.--The Secretary shall calculate --
``(i) the sustained yield and identify the
quantity of timber the Secretary can produce as
part of the draft comprehensive environmental
impact statement required under this Act for
the Moist Forestry Emphasis Area, not including
riparian reserves established under section 4;
and
``(ii) the quantity of timber as a by-product
the Secretary can produce, as part of the Moist
Forestry Emphasis Area, including riparian
reserves established under section 4, and the
portions of the Conservation Emphasis Area, as
described in the draft comprehensive
environmental impact statement under section
6(h)(2).
``(B) Requirements.--The Secretary shall--
``(i) calculate the quantities under clauses
(i) and (ii) of subparagraph (A) in 5-year
increments; and
``(ii) in calculating that quantity, classify
the volume of timber that could be offered from
the various areas defined in subparagraph (A).
``(b) Management of Moist Forestry Emphasis Area.--
``(1) In general.--Moist Forestry Emphasis Areas shall be
managed in accordance with the principles of ecological
forestry.
``(2) Ecological forestry principles for moist forestry
emphasis areas.--The ecological forestry principles referred to
in paragraph (1) relate to variable retention regeneration
harvests and include--
``(A) the retention of legacy trees;
``(B) the acceleration of the development of
structural complexity, including spatial heterogeneity,
through the use of diverse silvicultural approaches,
such as variable density and clump-based thinning
prescriptions;
``(C) the implementation of variable retention
regeneration harvesting activities that retain
approximately \1/3\ of the live basal area of the
forest within the harvest area, primarily but not
exclusively in aggregates, provided that non-fish
bearing stream riparian reserves within the harvest
unit count towards retention, but other reserves,
including riparian reserves on fish bearing streams, do
not count;
``(D) the development and maintenance of early seral
ecosystems with diverse species following harvesting
activities through the use of less intense approaches
to site preparation and tree regeneration and nurturing
of diverse early seral ecosystems; and
``(E) the long-term establishment of a silvicultural
system that includes the development and management of
multiaged, mixed-species stands.
``(3) Variable retention regeneration harvest.--
``(A) In general.--The Secretary shall designate not
less than 4 percent and not greater than 6 percent of
the moist forests described in paragraph (1) as land on
which the Secretary shall carry out during each 5 year
period variable retention regeneration harvesting
activities, consistent with--
``(i) this section and other provisions of
this Act;
``(ii) the Endangered Species Act (16 U.S.C.
1531 et seq.); and
``(iii) the environmental impact statement
required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) as
described in section 6.
``(4) Northwest forest plan application.--The Secretary shall
identify 50,000 acres of Moist Forest Emphasis Area that--
``(A) have been previously subject to forest
management;
``(B) whose trees are in the 80 year age class or
younger;
``(C) are not within one site-potential tree height
of any stream, or within a source water emphasis area
or a key watershed under the NWFP;
``(D) are not within critical habitat; and
``(E) apply the implementation of variable retention
regeneration harvesting activities that retain
approximately \1/4\ of the live basal area of the
forest within the harvest area, provided that non-fish
bearing stream riparian reserves within the harvest
unit count towards retention, but other reserves,
including riparian reserves on fish bearing streams, do
not. In total, not less than 15 percent of the live
basal area in the stand, excluding all reserves, must
be retained.
``(c) Roads.--
``(1) In general.--The Secretary shall not increase the total
quantity of mileage of permanent, system and non-system roads
that are operational in the Moist Forestry Emphasis Area to a
quantity greater than the quantity of mileage in existence on
the date of enactment of the Oregon and California Land Grant
Act of 2014, excluding roads constructed pursuant to reciprocal
rights of way agreements, easement obligations or other access
rights of non-Federal parties in effect as of enactment of the
Oregon and California Land Grant Act of 2014, subject to the
rights of the owner of adjacent private land as set forth in
sections 3(e) and 3(j) of this Act.
``(2) System roads.--The Secretary--
``(A) may construct new system roads outside of the
riparian reserves to carry out a vegetation management
project under this Act; and
``(B) subject to the availability of appropriations
and to the maximum extent practicable, shall reduce the
quantity of mileage of system roads by decommissioning
roads, subject to the rights of the owner of adjacent
private land as set forth in sections 3(e) and 3(j) of
this Act, provided that decommissioning shall be done
with an adjacent private landowner if--
``(i) the adjacent private landowner is a
party to a reciprocal right-of-way agreement
covering an area which includes the road in
question; or
``(ii) the decommissioning would remove or
increase the cost of vehicular access to the
adjacent private lands.
``(3) Non-system roads.--Subject to the availability of
appropriations, the Secretary shall annually reduce the total
quantity of mileage of nonsystem roads.
``(4) Temporary roads.--If the Secretary constructs a
temporary road as part of a vegetation management project, the
Secretary shall close and decommission the temporary road not
later than the earlier of--
``(A) the date that is 2 years after the date on
which the activity for which the temporary road was
constructed is completed; and
``(B) the date that is 1 year after the date on which
the vegetation management project is completed.
``SEC. 9. DRY FORESTRY EMPHASIS AREA.
``(a) In General.--
``(1) The Secretary shall manage the Dry Forestry Emphasis
Area to increase the resiliency of the stands by reducing the
risk from uncharacteristic wildfires, droughts, and insect or
disease events while maintaining consistent timber production
levels that can be sustained under ecological forestry
principles and other provisions described in this Act.
``(2) Conformity with principle of sustained yield.--Timber
from the Dry Forestry Emphasis Area shall be sold, cut, and
removed in conformity with the principle of sustained yield as
defined by the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.) and in accordance with the provisions
of this Act.
``(3) Production levels.--The Secretary shall maintain the
highest consistent timber production levels that can be
sustained under ecological forestry principles and other
provisions described in this Act.
``(4) Calculation.--
``(A) In general.--The Secretary shall calculate--
``(i) the sustained yield and identify the
quantity of timber the Secretary can produce as
part of the draft comprehensive environmental
impact statement required under this Act for
the Dry Forestry Emphasis Area, not including
riparian reserves established under section 4;
and
``(ii) the quantity of timber as a by-product
the Secretary can produce, as part of the Dry
Forestry Emphasis Area, including riparian
reserves established under section 4, and the
portions of the Conservation Emphasis Area, as
described in the draft comprehensive
environmental impact statement under section 6.
``(b) Requirements.--The Secretary shall maintain, restore, or
improve conditions of tree density, tree composition, and tree size
distribution that will result in a stand with a high level of
resistance and resilience to uncharacteristic wildfires, droughts, and
insect events.
``(c) Priority.--In carrying out vegetation management projects, the
Secretary shall give priority to areas that contain important
components, including--
``(1) communities in the wildland-urban interface (as defined
in section 101 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6511)); and
``(2) valuable forest structures, such as legacy trees and
oak savannas that are in need of restoration or are in danger
from uncharacteristic fire.
``(d) Management of Dry Forestry Emphasis Areas.--
``(1) In general.--Dry Forestry Emphasis Areas shall be
managed in accordance with ecological forestry principles
described in paragraph (2).
``(2) Ecological forestry principles in dry forests.--The
ecological forestry principles referred to in paragraph (1)
include--
``(A) the retention and improvement of the
survivability of legacy trees through the reduction of
adjacent fuels and competing vegetation to promote
resilience against mortality from insects, disease, and
fire;
``(B) the retention and protection of important
structures such as large hardwoods, snags, and logs;
``(C) the reduction of overall stand densities
through partial cutting in an effort--
``(i) to reduce basal areas to desired
levels, particularly in overstocked stands;
``(ii) to increase the mean stand diameter;
and
``(iii) to shift the composition of stands to
fire- and drought-tolerant species;
``(D) the restoration of spatial heterogeneity
through the variation of the treatment of stands, such
as by leaving untreated patches, creating openings, and
establishing tree clumps and isolated single trees;
``(E) the establishment of new tree cohorts of shade-
intolerant species in created openings;
``(F) the harvesting of timber during the restoration
process;
``(G) the maintenance of sustainable and fire-
resilient conditions in perpetuity through both passive
and active management of the dry forests in accordance
with this subsection, including the treatment of
activity fuels and other surface and ladder fuels and
understory vegetation using prescribed fire, natural
fire or mechanical activities; and
``(H) the retention of a basal area after a partial
cut that is not less than 35 percent of the initial
basal area of the sale.
``(e) Roads.--
``(1) In general.--The Secretary shall not increase the total
quantity of mileage of system roads that are operational in the
Dry Forestry Emphasis Area to a quantity greater than the
quantity of mileage in existence on the date of enactment of
the Oregon and California Land Grant Act of 2014, excluding
roads constructed pursuant to reciprocal rights of way
agreements, easement obligations or other access rights of non-
Federal parties in effect as of enactment of the Oregon and
California Land Grant Act of 2014, subject to the rights of the
owner of adjacent private land as set forth in sections 3(e)
and 3(j) of this Act.
``(2) System roads.--The Secretary--
``(A) may construct new system roads to carry out a
vegetation management project; and
``(B) subject to the availability of appropriations,
shall decommission or place into storage all system
roads that the Secretary has not planned to use in the
next 5 years for vegetation management projects or
administrative purposes, subject to the rights of the
owner of adjacent private land as set forth in sections
3(e) and 3(j) of this Act, provided that
decommissioning shall be done with an adjacent private
landowner if--
``(i) the adjacent private landowner is a
party to a reciprocal right-of-way agreement
covering an area which includes the road in
question; or
``(ii) the decommissioning would remove or
increase the cost of vehicular access to the
adjacent private lands.
``(3) Nonsystem roads.--Subject to the availability of
appropriations, the Secretary shall annually reduce the total
quantity of mileage of nonsystem roads by decommissioning.
``(4) Temporary roads.--If the Secretary constructs a
temporary road as part of a vegetation management project, the
Secretary shall close and decommission the temporary road not
later than the earlier of--
``(A) the date that is 2 years after the date on
which the activity for which the temporary road was
constructed is completed; and
``(B) the date that is 1 year after the date on which
the vegetation management project is completed.
``SEC. 10. CONSERVATION EMPHASIS AREAS.
``(a) Conservation Networks.--The approximately 690,000 acres of land
managed by the Secretary, as generally depicted as `Conservation
Network' on the map entitled `O&C Land Grant Act of 2014: Conservation
Network' and dated November 3, 2014, which is designated as the
Conservation Network, the purpose of which is to create forest reserves
providing ecological benefits and protect conservation values,
including providing late successional old-growth forest complex
habitat, complex early successional habitat, aquatic and riparian
protection, fish and wildlife benefits, recreational and educational
opportunities and other natural processes needed for the healthy
functioning of the ecosystem, shall be managed in accordance with
subsection (h).
``(b) Late Successional Old-growth Forest Heritage Reserves.--The
approximately 510,000 acres of land managed by the Secretary, as
generally depicted on the map entitled `O & C Land Grant Act of 2014:
Late Successional Old-Growth Forest Heritage Reserves' and dated
November 3, 2014, which is designated as the `Late Successional Old-
Growth Forest Heritage Reserves', the purpose of which is to protect
and preserve Moist Forest stands that, as of the date of enactment of
the Oregon and California Land Grant Act of 2014, contain a 90 year or
above age class, shall be managed by the Secretary in a manner that
does not allow harvesting of any tree within the area.
``(c) Special Management Units.--
``(1) Designation.--For the purposes of ensuring the
protection of the watersheds as a source of clean drinking
water, to safeguard the water quality and quantity in the
areas, and to allow visitors to enjoy the special scenic,
natural, cultural, and fish and wildlife values of the
watersheds, the following areas in the State of Oregon are
designated as special management units for special management
by the Secretary in accordance with subsection (h) and this
subsection:
``(A) Mckenzie drinking water special management
unit.--The approximately 12,042 acres of land managed
by the Secretary , as generally depicted on the map
entitled `O&C Land Grant Act of 2014: McKenzie Source
Water Emphasis Area' and dated November 3, 2014, which
is designated as the `McKenzie Drinking Water Special
Management Unit'.
``(B) Hillsboro drinking water special management
unit.--The approximately 1,243 acres of land managed by
the Secretary, as generally depicted on the map
entitled `O&C Land Grant Act of 2014: Hillsboro Source
Water Emphasis Area' and dated November 3, 2014, which
is designated as the `Hillsboro Drinking Water Special
Management Unit'.
``(C) Clackamas drinking water special management
unit.--The approximately 416 acres of land managed by
the Secretary, as generally depicted on the map
entitled `O&C Land Grant Act of 2014: Clackamas Source
Water Emphasis Area' and dated November 3, 2014, which
is designated as the `Clackamas Drinking Water Special
Management Unit'.
``(D) Springfield drinking water special management
unit.--The approximately 3,161 acres of land managed by
the Secretary, as generally depicted on the map
entitled `O&C Land Grant Act of 2014: Springfield
Source Water Emphasis Area' and dated November 3, 2014,
which is designated as the `Springfield Drinking Water
Special Management Unit'.
``(2) Livestock.--The grazing of livestock shall not be
allowed within a special management unit designated by
paragraph (1).
``(d) National Recreation Areas.--For the purposes of protecting,
conserving, and enhancing the unique and nationally important
recreational, ecological, scenic, cultural, watershed, and fish and
wildlife values of the areas, the following areas in the State of
Oregon are designated as recreation areas for management by the
Secretary in accordance with subsection (h):
``(1) Rogue canyon national recreation area.--The
approximately 94,700 acres of Bureau of Land Management land,
within the boundary generally depicted on the map entitled `O&C
Land Grant Act of 2014: Rogue Canyon National Recreation Area'
and dated November 3, 2014, which is designated as the `Rogue
Canyon National Recreation Area'.
``(2) Molalla national recreation area.--The approximately
24,100 acres of Bureau of Land Management land, within the
boundary generally depicted on the map entitled `O&C Land Grant
Act of 2014: Molalla National Recreation Area' and dated
November 3, 2014, which is designated as the `Molalla National
Recreation Area'.
``(e) Special Management Areas.--For the purposes of protecting,
preserving and enhancing the natural character, scientific use, and the
botanical, recreational, ecological, fish and wildlife, scenic,
drinking water, or cultural values of the areas or to preserve
opportunities for primitive recreation, the following areas in the
State of Oregon are designated for special management by the Secretary
in accordance with subsection (h):
``(1) Illinois valley salmon and botanical special management
area.--The approximately 15,000 acres of Bureau of Land
Management land, as generally depicted on the map entitled `O&C
Land Grant Act of 2014: Illinois Valley Salmon and Botanical
Area' and dated November 3, 2014, which is designated as the
`Illinois Valley Salmon and Botanical Special Management Area'.
``(2) Kilchis wild salmon refuge area.--The approximately
9,000 acres of Bureau of Land Management land, as generally
depicted on the map entitled `O&C Land Grant Act of 2014:
Kilchis Wild Salmon Refuge Area' and dated November 3, 2014,
which is designated as the `Kilchis Wild Salmon Refuge Area'.
``(3) Smith river salmon restoration unit.--The purpose of
this restoration unit is to ensure the protection, maintenance
and restoration of the salmonid resources of these rivers
segments. The riparian areas along the mainstem of the Smith
River, from the confluence of Spencer Creek (Smith River mile
22.8), upstream to Clabber Creek (Smith River mile 60.5), which
flows through the covered lands and the mainstem of the West
Fork of the Smith River, from the confluence of W. Fork Smith
river with the main stem Smith River (Smith River mile 34.5)
upstream along the West Fork of the Smith River to the junction
of Upper W. Fork Smith River Road (W. Fork Smith River mile
12.43), which flows through the covered lands, will be managed
to under section 4(a)(1 of this Act without modifications under
4(a)(2).
``(4) Grizzly peak primitive backcountry special management
area.--The approximately 2,100 acres of Bureau of Land
Management land, as generally depicted on the map entitled `O&C
Land Grant Act of 2014: Grizzly Peak Primitive Backcountry
Area' and dated November 3, 2014, which is designated as the
`Grizzly Peak Primitive Backcountry Special Management Area'.
``(5) Dakubetede primitive backcountry special management
area.--The approximately 21,200 acres of Bureau of Land
Management land, as generally depicted on the map entitled `O&C
Land Grant Act of 2014: Dakubetede Primitive Backcountry Area'
and dated November 3, 2014, which is designated as the
`Dakubetede Primitive Backcountry Special Management Area'.
``(6) Wellington wildlands primitive backcountry special
management area.--The approximately 5,700 acres of Bureau of
Land Management land, as generally depicted on the map entitled
`O&C Land Grant Act of 2014: Wellington Wildlands Primitive
Backcountry Area' and dated November 3, 2014, which is
designated as the `Wellington Wildlands Primitive Backcountry
Special Management Area'.
``(7) Mungers butte primitive backcountry special management
area.--The approximately 10,200 acres of Bureau of Land
Management land, as generally depicted on the map entitled `O&C
Land Grant Act of 2014: Mungers Butte Primitive Backcountry
Area' and dated November 3, 2014, which is designated as the
`Mungers Butte Primitive Backcountry Special Management Area'.
``(8) Brummit fir primitive backcountry special management
area.--The approximately 2,000 acres of Bureau of Land
Management land, as generally depicted on the map entitled `O&C
Land Grant Act of 2014: Brummit Fir Primitive Backcountry Area'
and dated November 3, 2014, which is designated as the `Brummit
Fir Primitive Backcountry Special Management Area'.
``(9) Crabtree valley primitive backcountry special
management area.--The approximately 2,100 acres of Bureau of
Land Management land, as generally depicted on the map entitled
`O&C Land Grant Act of 2014: Crabtree Valley Primitive
Backcountry Area' and dated November 3, 2014, which is
designated as the `Crabtree Valley Primitive Backcountry
Special Management Area'.
``(10) Applegate primitive backcountry special management
area.--The approximately 9,000 acres of Bureau of Land
Management land, as generally depicted on the map entitled `O&C
Land Grant Act of 2014: Crabtree Valley Primitive Backcountry
Area' and dated November 1, 2014, which is designated as the
`Crabtree Valley Primitive Backcountry Special Management
Area'.
``(11) Protected environmental zone special management
area.--The approximately 95,767 acres of land administered by
the Secretary, as generally depicted on the map entitled `O&C
Land Grant Act of 2014: Special Environmental Zones' and dated
November 3, 2014, which is designated as the `Special
Environmental Zone Special Management Area'.
``(f) Cascade-Siskiyou National Monument Expansion.--Subject to valid
existing rights, the Secretary shall administer the approximately 2,050
acres of land administered by the Director of the Bureau of Land
Management generally depicted on the map entitled `O&C Land Grant Act
of 2014: Cascade-Siskiyou National Monument Expansion' and dated
November 3, 2014, as part of the Cascade-Siskiyou National Monument and
subject to the same proclamation, regulations, rules and policies that
apply to the rest of the national monument.
``(g) Pacific Crest Trail Protection Corridor.--
``(1) Establishment.--There is designated in the State of
Oregon a protective corridor for the Pacific Crest National
Scenic Trail, to be known as the ` Pacific Crest Trail
Protection Corridor', consisting of all Bureau of Land
Management land located within approximately \1/4\ mile on
either side of the Pacific Crest National Scenic Trail,
beginning at the west boundary of Section 23, T.40.S, R.7.W,
W.M. at the border of the Klamath National Forest in the
Siskiyou Mountains, continuing approximately 45 miles and
ending at the eastern boundary Section 13, T.38.S, R.4.E, W.M
near the southern boundary of the Rogue River National Forest
in the Cascade Range, to be managed by the Secretary in
accordance with subsection (h).
``(2) Purposes.--The purposes of the Pacific Crest Trail
Protection Corridor are to protect and enhance the
recreational, scenic, historic, and wildlife values of the
Pacific Crest National Scenic Trail in as natural and
undeveloped a state as practicable.
``(3) Forest roads.--Forest roads crossing the Pacific Crest
Trail Protection Corridor or within the Pacific Crest Trail
Protection Corridor shall be limited to those necessary for the
proper use and administration of adjacent public land, as
determined by the Secretary in applicable management plans.
``(h) Administration.--
``(1) Maps and legal descriptions.--
``(A) In general.--As soon as practicable after the
date of enactment of the Oregon and California Land
Grant Act of 2014, the Secretary shall a prepare a map
and legal description of each Conservation Emphasis
Area.
``(B) Effect.--The maps and legal descriptions
prepared under subparagraph (A) shall have the same
force and effect as if included in this Act, except
that the Secretary may correct any minor errors in the
maps and legal descriptions.
``(C) Public availability.--The maps and legal
descriptions prepared under subparagraph (A) shall be
available for public inspection in the appropriate
offices of the Bureau of Land Management.
``(2) Administration.--
``(A) Applicable law.--The Secretary shall administer
each Conservation Emphasis Area--
``(i) in a manner that furthers the purposes
for which the Conservation Emphasis Area was
established; and
``(ii) in accordance with--
``(I) this subsection;
``(II) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.); and
``(III) any other applicable Federal
laws.
``(B) Uses.--The Secretary shall only allow uses of a
Conservation Emphasis Area that are consistent with the
purposes and values for which the Conservation Emphasis
Area is established.
``(C) Withdrawal.--Subject to valid existing rights,
all Federal surface and subsurface land within a
Conservation Emphasis Area is withdrawn from--
``(i) all forms of entry, appropriation, or
disposal under the public land laws;
``(ii) location, entry, and patent under the
mining laws; and
``(iii) operation under the mineral leasing
and geothermal leasing laws.
``(3) Adjacent management.--Nothing in this section creates
any protective perimeter or buffer zone around an area
designated under this section.
``(4) Use of motorized vehicles.--The use of motorized
vehicles within the Conservation Emphasis Areas shall be
limited to roads allowed by the Secretary for such use,
provided that the Secretary may allow off-road vehicle use in
designated portions of the areas designated by this section if
such use is consistent with the purposes and values for which
the area was designated.
``(5) Forest management.--
``(A) In general.--Subject to subparagraph (B), in
the Conservation Emphasis Area (other than a special
management area designated by subsection (e)), the
cutting, sale, or removal of timber may be permitted--
``(i) to the extent necessary to improve
forest health in ways that also--
``(I) improve the habitats of
threatened or endangered species or
species considered sensitive by the
Secretary over the long term after
completion of the vegetation management
project; or
``(II) in the case of harvests in
moist forest sites, is conducted--
``(aa) through variable
density and clump based
thinning;
``(bb) in a manner that
retains legacy trees; and
``(III) in the case of dry forests,
through partial cutting in a manner
that retains legacy trees;
``(ii) is also in furtherance of the purposes
for which the Conservation Emphasis Area was
established; or
``(iii) for de minimis personal or
administrative use within a Conservation
Emphasis Area established in subsection (a), if
the use would not impact the purposes for which
the Conservation Network was established.
``(B) Exceptions.--Notwithstanding subparagraph (A),
forest thinning and vegetation treatments may be
permitted in a special management area designated by
subsection (e), if the purpose of the treatments is--
``(i) to improve forest health in a case in
which the forest is threatened by
uncharacteristic fire, an insect event, or
disease;
``(ii) to improve or maintain recreational
facilities and opportunities; or
``(iii) to protect public health or safety.
``(C) Calculation.--The Secretary shall calculate the
quantity of timber that the Secretary would produce
from the Conservation Emphasis Areas as a by-product of
the conservation management, not including riparian
reserves established under section 4 and Late
Successional Old-Growth Heritage Reserves.
``(i) Roads.--
``(1) In general.--The Secretary, to the maximum extent
practicable, shall decrease the total mileage of system roads
that are operational in the Conservation Emphasis Areas to a
quantity less than the quantity of mileage in existence on the
date of enactment of the Oregon and California Land Grant Act
of 2014. The Secretary shall prioritize decreasing the mileage
of the road network in order to reduce impacts to water quality
from sediment delivered to streams by forest roads.
``(2) Temporary roads.--If the Secretary constructs a
temporary road as part of a vegetation management project, the
Secretary shall close and decommission the temporary road not
later than the earlier of--
``(A) the date that is 2 years after the date on
which the activity for which the temporary road was
constructed is completed; and
``(B) the date that is 1 year after the date on which
the vegetation management project is completed.
``(3) No new roads.--The Secretary shall prohibit any new
system or nonsystem road within the Conservation Emphasis Areas
and key watersheds under the NWFP after the date of enactment
of the Oregon and California Land Grant Act of 2014 except as
necessary, where no practicable alternative exists and subject
to the availability of appropriations. The Secretary shall also
prohibit the construction of any new road in any roadless area
or areas with wilderness characteristics.
``(4) Roads in riparian areas.--Requirements in section 4(b)
apply to riparian reserves in the Conservation Emphasis Areas.
``SEC. 11. LAND MANAGEMENT RATIONALIZATION.
``(a) In General.--The Secretary may exchange Federal land in the
Moist Forestry Emphasis Area or the Dry Forestry Emphasis Area or the
Conservation Emphasis Area or interests in the Federal land in the
Emphasis Areas for adjacent non-Federal land or interests in the non-
Federal land if--
``(1) the Federal land does not contain critical habitat for
a species listed under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
``(2) the Federal land is not identified in the landscape
prioritization plan developed under section 6(a);
``(3) the Secretary determines that the land exchange would
facilitate the administration of the Moist Forestry Emphasis
Area or Dry Forestry Emphasis Area or the Conservation Emphasis
Area; and
``(4) the Secretary determines that the land exchange is in
the public interest, including, but not limited to, the
acknowledgment that the consolidation of Federal land and non-
Federal land and the enhancement of conservation values are in
the in public interest.
``(b) Bureau of Land Management Lands to the Forest Service.--
``(1) In general.--The approximately 25,000 acres of lands,
as generally depicted as `BLM to USFS' on the map entitled `O &
C Land Grant Act of 2014: Land Management Rationalization' and
dated November 3, 2014, are transferred to the administration
of the Forest Service in the Department of Agriculture from the
administration of the Department of the Interior Bureau of Land
Management.
``(2) Management.--The Secretary of Agriculture, through the
Chief of the Forest Service, shall manage the lands described
in paragraph (1):
``(A) as other National Forest Systems lands and
subject to the same statutes, regulations and policies;
``(B) as they have been generally managed under the
Northwest Forest Plan and the appropriate Bureau of
Land Management resource management plan at least until
revised in a land and resource management plan
revision; and
``(C) under any specific statutes that may apply to
any of these lands.
``(3) National forest boundaries.--The Secretary of
Agriculture, through the Chief of the Forest Service, shall
adjust the official boundaries of the relevant national forests
to accommodate the inclusion of the lands described in
paragraph (1).
``(c) Forest Service Lands to the Bureau of Land Management.--
``(1) Land for management rationalization between bureau of
land management and forest service.--Not later than 30 days
after the date of enactment of the Oregon and California Land
Grant Act of 2014, the Secretary of Agriculture shall identify
for transfer to the Secretary of the Interior approximately
102,000 acres of U.S. Forest Service land, some of which is
identified on the map entitled `O&C Land Grant Act of 2014:
Land Management Rationalization' and dated November 3, 2014,
with the following criteria--
``(A) adjacent to existing Bureau of Land Management
covered land under this Act;
``(B) facilitates management by reducing
fragmentation and creating more contiguous parcels of
lands for both the U.S. Forest Service and Bureau of
Land Management lands; and
``(C) appropriate for designation into Moist or Dry
Forestry Emphasis Areas as identified in this Act; and
``(D) not within--
``(i) inventoried roadless areas;
``(ii) wilderness or other designated
conservation areas; or
``(iii) high-quality critical habitat.
``(2) Management.--The Secretary shall manage the lands
described in subparagraph (1) under this Act, including section
4(a)(1) without modification under section 4(a)(2).
``(3) Land management rationalization within the bureau of
land management.--Not later than 30 days after completion of
actions required under paragraph (1), the Secretary of
Agriculture and the Secretary of the Interior shall identify
for transfer to the Secretary of the Interior not less than
206,000 acres of Forest Service land ecologically associated
with the acres identified in paragraph (1) and other covered
lands, suitable for conservation protection.
``(4) Land allocation.--
``(A) Forest emphasis areas.--The Secretary shall
allocate, as most appropriately consistent with this
Act, the lands described in paragraph (3) into--
``(i) moist forestry emphasis area subject to
the provisions of section 8; or
``(ii) dry forestry emphasis area subject to
the provisions of section 9.
``(B) Conservation emphasis areas.--The Secretary
shall designate the lands described in paragraph (3) as
Conservation Emphasis Areas to be managed under section
10 and section 4(a)(1) without modification under
section 4(a)(2) of this Act.
``(5) Report to congress.--
``(A) In general.--Within one year of the date of
enactment of the Oregon and California Land Grant Act
of 2014, the Secretary 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 report detailing how, after
consideration of public comment in subparagraph (B),
the lands described in paragraph (1) were allocated
pursuant to paragraph (3).
``(B) Public comment.--Before submitting the report
as required in subparagraph (A), the Secretary shall
make a draft available for public comment for no less
than 60 days.
``(d) Army Corps of Engineers Lands to the Bureau of Land
Management.--
``(1) In general.--The approximately 3,502 acres of lands, as
generally depicted as `USACE to BLM' on the map entitled `O & C
Land Grant Act of 2014: Land Management Rationalization' and
dated November 3, 2014, are transferred to the administration
of the Bureau of Land Management in the Department of the
Interior from the administration of the United States Army
Corps of Engineers.
``(2) Management.--
``(A) Bureau of land management.--The Secretary
shall--
``(i) allocate as appropriate the transferred
lands that are not within the Elk Creek Wild
and Scenic River management corridor, to the
Dry Areas Conservation Network or the Moist
Areas Conservation Network established in Sec.
10(a); and
``(ii) manage the transferred lands
consistent with this Act.
``(B) U.S. Army Corps of Engineers.--The Secretary of
the Army, through the Corps of Engineers, will continue
to have the obligation to maintain the safe condition
of the Elk Creek Dam structure, rock piles and
associated components, in an area of approximately
147.1 acres of the transferred lands.
``(e) Legacy Roads and Trails Program.--
``(1) In general.--The Secretary shall establish a program to
be known as the `Legacy Roads and Trails' program to provide--
``(A) urgently needed road decommissioning, road and
trail repair and maintenance and associated activities,
and removal of fish passage barriers, especially in
areas in which roads may be contributing to water
quality problems in streams and water bodies that
support threatened, endangered, or sensitive species or
community water sources;
``(B) urgently needed road repairs required due to
recent storm events; or
``(C) the decommissioning of unauthorized roads that
are not part of the transportation system.
``(2) Project selection.--
``(A) In general.--The Secretary shall--
``(i) consider public input in the selection
of projects; and
``(ii) publish the selection process of the
Secretary on the website of the Bureau of Land
Management.
``(B) Priorities.--In selecting projects under this
subsection, the Secretary shall give priority to
decommissioning and repairing roads and trails in--
``(i) environmentally sensitive areas; and
``(ii) areas in which roads may be
contributing to water quality problems in
streams and water bodies that support
threatened or endangered species, or species
considered sensitive by the Secretary.
``(3) Report to congress.--Not later than 120 days after the
end of each fiscal year, the Secretary shall submit to Congress
a report on the status of the projects selected for completion
in the previous 2 fiscal years.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
adjusted for inflation for each of fiscal years 2013 through
2023.
``SEC. 12. DISTRIBUTION OF FUNDS.
``(a) In General.--Effective for fiscal year 2014 and each fiscal
year thereafter, all receipts generated from activities on covered land
shall be collected, deposited in a separate fund in the Treasury
designated the `Oregon and California Railroad Grant Lands Fund', and
distributed annually in accordance with this section and title II of
the Oregon and California Land Grant Act (43 U.S.C. 1181f) and sections
1 through 4 of the Act of May 24, 1939 (43 U.S.C. 1181f-1 through
1181f-4), as applicable.
``(b) General Fund.--Subject to subsection (d)(4), as soon as
practicable after the end of each fiscal year described in subsection
(a), $4,000,000 of all amounts received by the Secretary for the
applicable fiscal year from the covered land shall be transferred to
the general fund of the Treasury.
``(c) Administrative Costs.--
``(1) In general.--Subject to paragraph (2) and subsection
(d)(4), all amounts received for the applicable fiscal year by
the Secretary from the covered land shall be used to pay for
the management of, administrative expenses for, and capital
improvement costs for the covered land, including the
protection or restoration of fish and wildlife habitat on the
covered land.
``(2) Limitations.--The amount of revenue that is used to pay
for expenses and costs for a fiscal year under paragraph (1)
shall not exceed--
``(A) 25 percent of all amounts received for the
applicable fiscal year by the Secretary from the
covered land during the fiscal year; or
``(B) $20,000,000 in 2014 dollars indexed for
inflation.
``(d) Payments to Counties.--
``(1) In general.--All amounts received for the applicable
fiscal year by the Secretary from the covered land during a
fiscal year that is in excess of the amount necessary to carry
out subsections (b) and (c) shall be provided to the counties
that contain covered land (referred to in this subsection as a
`covered county') in the form of annual payments.
``(2) Timing.--Payments shall be made available to covered
counties under this subsection as soon as practicable following
the end of each fiscal year.
``(3) Other county funds.--Payments made to covered counties
under this subsection shall be used as other county funds.
``(4) Minimum amount.--
``(A) In general.--Subject to clauses (ii) and (iii),
the annual payment paid to a covered county under this
subsection, to the extent practicable, shall not be
less than the payment that the covered county would
have received solely under this Act (as in effect on
the day before the date of enactment of the Oregon and
California Land Grant Act of 2014) for fiscal year 2013
if the covered county had elected to receive payment
under this Act and not under any other law.
``(B) Use of general fund share.--If the portion of
revenues to be provided to a covered county for a
fiscal year is less than the amount described in clause
(i), the payment made to the Treasury for the fiscal
year under subsection (b) shall be reduced by an amount
necessary to provide the minimum payments required
under clause (i) for the covered county.''.
(b) Conforming Amendments.--
(1) National landscape conservation system additions.--
Section 2002(b)(2) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7202(b)(2)) is amended--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (E) as subparagraph
(F); and
(C) by inserting after subparagraph (D) the
following:
``(E) public land designated as Oregon and California
Land grant land in the State of Oregon, administered by
the Bureau of Land Management as conservation emphasis
areas; and''.
(2) Settlement of controverted land status.--The first
section of the Act of June 24, 1954 (68 Stat. 270, chapter 357;
43 U.S.C. 1181g) is amended in subsection (a)--
(A) by striking ``are hereby declared to be revested
Oregon and California Railroad grant lands; and said
lands''; and
(B) by striking `` : Provided, That'' and all that
follows through the end of the subsection and inserting
a period.
SEC. 102. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation of Wild and Scenic River Segments.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(208) Nestucca river, oregon.--The approximately 15.5-mile
segment from its confluence with Ginger Creek downstream until
it crosses T. 4 S., R. 7 W., sec. 7, Willamette Meridian, to be
administered by the Secretary of the Interior as a recreational
river.
``(209) Walker creek, oregon.--The approximately 2-mile
segment from the headwaters in T. 3 S., R. 6 W., sec. 20
downstream to the confluence with the Nestucca River in T. 3
S., R. 6 W., sec. 15, Willamette Meridian, to be administered
by the Secretary of the Interior as a recreational river.
``(210) North fork silver creek, oregon.--The approximately
6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1
downstream to the edge of the Bureau of Land Management
boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to
be administered by the Secretary of the Interior as a
recreational river.
``(211) Jenny creek, oregon.--The approximately 17.6-mile
segment from the Bureau of Land Management boundary located at
the north boundary of the southwest quarter of the southeast
quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian,
downstream to the Oregon State border, to be administered by
the Secretary of the Interior as a scenic river.
``(212) Spring creek, oregon.--The approximately 1.1-mile
segment from its source at Shoat Springs in T. 40 S., R. 4 E.,
sec. 34, Willamette Meridian, downstream to the confluence with
Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian,
to be administered by the Secretary of the Interior as a scenic
river.
``(213) Lobster creek, oregon.--The approximately 5-mile
segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian,
downstream to the edge of the Bureau of Land Management
boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, to
be administered by the Secretary of the Interior as a
recreational river.
``(214) Elk creek, oregon.--The approximately 7.3-mile
segment from its confluence with Flat Creek near river mile 9,
to the southern edge of the Army Corps of Engineers boundary in
T. 33 S., R. 1 E., sec. 30, Willamette Meridian, near river
mile 1.7, to be administered by the Secretary of the Interior
as a scenic river.''.
(2) Administration.--
(A) Lateral boundaries.--Notwithstanding section
3(b), the lateral boundaries of the scenic river area
along Elk Creek shall include an average of not more
than 640 acres per mile measured from the ordinary high
water mark on both sides of the river.
(B) Deauthorization.--The Elk Creek Project,
authorized by the Flood Control Act of 1962 (Public Law
87-874, 21 September 1962) is deauthorized.
(b) Elk River Salmon Emphasis Area, Elk River, Oregon.--Section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (76) and inserting the following:
``(76) Elk, oregon.--The 63.1-mile segment to be administered
by the Secretary of Agriculture in the following classes:
``(A) Mainstem.--The 17-mile segment from the
confluence of the North and South Forks of the Elk to
Anvil Creek as a recreational river.
``(B) North fork.--
``(i) The approximately 0.6 mile segment of
the North Fork Elk from its source in sec.21,
T. 33 S., R. 12 W., Willamette Meridian,
downstream to 0.01 miles below Forest Service
Road 3353, as a scenic river.
``(ii) The approximately 5.5-mile segment of
the North Fork Elk from 0.01 miles below Forest
Service Road 3353 to its confluence with the
South Fork Elk, as a wild river.
``(C) South fork.--
``(i) The approximately 0.9-mile segment of
the South Fork Elk from its source in the
southeast quarter of sec. 32, T. 33 S., R. 12
W., Willamette Meridian, downstream to 0.01
miles below Forest Service Road 3353, as a
scenic river.
``(ii) The approximately 4.2-mile segment of
the South Fork Elk from 0.01 miles below Forest
Service Road 3353 to its confluence with the
North Fork Elk, as a wild river.
``(D) Other tributaries.--
``(i) Rock creek.--The approximately 1.7-mile
segment of Rock Creek from its headwaters to
its confluence with Elk River, as a wild river.
``(ii) Bald mountain creek.--The
approximately 8-mile segment of Bald Mountain
Creek from its headwaters, including Salal
Spring to its confluence with Elk River, as a
recreational river.
``(iii) South fork bald mountain creek.--The
approximately 3.5-mile segment of South Fork
Bald Mountain Creek from its headwaters to its
confluence with Bald Mountain Creek, as a
scenic river.
``(iv) Platinum creek.--The approximately 1-
mile segment of Platinum Creek from--
``(I) its headwaters to 0.01 miles
above Forest Service Road 5325, as a
wild river; and
``(II) 0.01 miles above Forest
Service Road 5325 to its confluence
with Elk River, as a wild river.
``(v) Panther creek.--The approximately 5.0-
mile segment of Panther Creek from--
``(I) its headwaters, including
Mountain Well, to 0.01 miles above
Forest Service Road 5325, as a wild
river; and
``(II) 0.01 miles above Forest
Service Road 5325 to its confluence
with Elk River, as a scenic river.
``(vi) East fork panther creek.--The
approximately 3.0-mile segment of East Fork
Panther Creek from it headwaters, to the
confluence with Panther Creek, as a wild river.
``(vii) West fork panther creek.--The
approximately 3.0-mile segment of West Fork
Panther Creek from its headwaters to the
confluence with Panther Creek as a wild river.
``(viii) Lost creek.--The approximately 1.0-
mile segment of Lost Creek from--
``(I) its headwaters to 0.01 miles
above Forest Service Road 5325, as a
wild river; and
``(II) 0.01 miles above Forest
Service Road 5325 to its confluence
with the Elk River, as a scenic river.
``(ix) Milbury creek.--The approximately 1.5-
mile segment of Milbury Creek from--
``(I) its headwaters to 0.01 miles
above Forest Service Road 5325, as a
wild river; and
``(II) 0.01 miles above Forest
Service Road 5325 to its confluence
with the Elk River, as a scenic river.
``(x) Blackberry creek.--The approximately
5.0-mile segment of Blackberry Creek from--
``(I) its headwaters to 0.01 miles
above Forest Service Road 5325, as a
wild river; and
``(II) 0.01 miles above Forest
Service Road 5325 to its confluence
with the Elk River, as a scenic river.
``(xi) Mccurdy creek.--The approximately 1.0-
mile segment of McCurdy Creek from--
``(I) its headwaters to 0.01 miles
above Forest Service Road 5325, as a
wild river; and
``(II) 0.01 miles above Forest
Service Road 5325 to its confluence
with the Elk River, as a scenic river.
and
``(xii) Bear creek.--The approximately 1.5-
mile segment of Bear Creek from headwaters to
the confluence with Bald Mountain Creek, as a
recreational river.
(c) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the river segments designated by paragraphs
(208) through (215) of section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(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 relating to mineral and
geothermal leasing or mineral materials.
TITLE II--TRIBAL LAND
Subtitle A--Oregon Coastal Land Conveyance
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Federal land.--The term ``Federal land'' means the
approximately 14,804 acres of Federal land, as generally
depicted on the map entitled ``Oregon Coastal Land
Conveyance'', and dated March 27, 2013.
(2) Planning area.--The term ``planning area'' means land--
(A) administered by the Director of the Bureau of
Land Management; and
(B) located in--
(i) the Coos Bay District;
(ii) the Eugene District;
(iii) the Medford District;
(iv) the Roseburg District;
(v) the Salem District; or
(vi) the Klamath Falls Resource Area of the
Lakeview District.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Tribe.--The term ``Tribe'' means the Confederated Tribes
of Coos, Lower Umpqua, and Siuslaw Indians.
SEC. 202. CONVEYANCE.
(a) In General.--Subject to valid existing rights, including rights-
of-way and reciprocal rights-of-way, all right, title, and interest of
the United States in and to the Federal land, including any
improvements located on the Federal land, appurtenances to the Federal
land, and minerals on or in the Federal 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, if the Secretary determines a survey to be necessary, the
Secretary shall complete a survey of the boundary lines to establish
the boundaries of the land taken into trust under subsection (a).
SEC. 203. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and legal description of
the Federal 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 subtitle, except that the Secretary 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.
SEC. 204. ADMINISTRATION.
(a) In General.--Unless expressly provided in this subtitle, nothing
in this subtitle 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 Federal land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 202(a) shall not be eligible, or used,
for any gaming activity carried out under Public Law 100-497
(25 U.S.C. 2701 et seq.).
SEC. 205. FOREST MANAGEMENT.
(a) Applicable Law.--Any commercial forestry activity that is carried
out on the Federal land shall be managed in accordance with all
applicable Federal laws, including the National Indian Forest Resources
Management Act (25 U.S.C. 3101 et seq.).
(b) Agreements.--The Tribe shall consult with the Secretary and other
parties as necessary to develop agreements to provide for access to the
land taken into trust under section 202(a) that provide for--
(1) honoring existing reciprocal right-of-way agreements;
(2) administrative access by the Bureau of Land Management;
and
(3) management of the parcels of the land taken into trust
under section 202(a) that are acquired or developed under the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4
et seq.), consistent with section 8(f)(3) of that Act (16
U.S.C. 460l- 8(f)(3)).
(c) Land Use Planning Requirements.--On conveyance of the Federal
land to the Tribe under section 202, the Federal land shall not be
subject to the land use planning requirements of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act
of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et
seq.).
Subtitle B--Canyon Mountain Land Conveyance
SEC. 211. DEFINITIONS.
In this subtitle:
(1) Federal land.--The term ``Federal land'' means the
approximately 17,826 acres of Federal land, as generally
depicted on the map entitled ``Canyon Mountain Land
Conveyance'', and dated June 27, 2013.
(2) Planning area.--The term ``planning area'' means land--
(A) administered by the Director of the Bureau of
Land Management; and
(B) located in--
(i) the Coos Bay District;
(ii) the Eugene District;
(iii) the Medford District;
(iv) the Roseburg District;
(v) the Salem District; or
(vi) the Klamath Falls Resource Area of the
Lakeview District.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Tribe.--The term ``Tribe'' means the Cow Creek Band of
Umpqua Tribe of Indians.
SEC. 212. CONVEYANCE.
(a) In General.--Subject to valid existing rights, including rights-
of-way and reciprocal rights-of-way, all right, title, and interest of
the United States in and to the Federal land, including any
improvements located on the Federal land, appurtenances to the Federal
land, and minerals on or in the Federal 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 shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
SEC. 213. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and legal description of
the Federal 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 subtitle except that the Secretary 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.
SEC. 214. ADMINISTRATION.
(a) In General.--Unless expressly provided in this subtitle, nothing
in this subtitle 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 Federal land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 212 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) Effect on Timber Sale Contracts.--Nothing in this subtitle
affects any timber sale contracts awarded as of the date of enactment
of this Act.
SEC. 215. FOREST MANAGEMENT.
(a) Applicable Law.--Any commercial forestry activity that is carried
out on the Federal land shall be managed in accordance with all
applicable Federal laws, including the National Indian Forest Resources
Management Act (25 U.S.C. 3101 et seq.).
(b) Agreements.--The Tribe shall consult with the Director of the
Bureau of Land Management and other parties as necessary to develop
agreements to provide for access to the land taken into trust under
section 212(a) that provide for--
(1) honoring existing reciprocal right-of-way agreements; and
(2) administrative access by the Bureau of Land Management.
(c) Land Use Planning Requirements.--On conveyance of the Federal
land to the Tribe under section 212, the Federal land shall not be
subject to the land use planning requirements of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act
of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et
seq.).
Subtitle C--Amendments to Coquille Restoration Act
SEC. 221. AMENDMENTS TO COQUILLE RESTORATION ACT.
Section 5(d) of the Coquille Restoration Act (25 U.S.C. 715c(d)) is
amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Management.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of the Interior, acting through the Assistant
Secretary for Indian Affairs, shall--
``(i) manage the Coquille Forest in
accordance with the laws pertaining to the
management of Indian trust land; and
``(ii) distribute revenues in accordance with
the National Indian Forest Resources Management
Act (25 U.S.C. 3101 et seq.).
``(B) Administration.--
``(i) Unprocessed logs.--Unprocessed logs
harvested from the Coquille Forest shall be
subject to the same Federal statutory
restrictions on export to foreign nations that
apply to unprocessed logs harvested from
Federal land.
``(ii) Sales of timber.--Notwithstanding any
other provision of law, all sales of timber
from land subject to this subsection shall be
advertised, offered, and awarded according to
competitive bidding practices, with sales being
awarded to the highest responsible bidder.''.
(2) by striking paragraph (9); and
(3) by redesignating paragraphs (10) through (12) as
paragraphs (9) through (11), respectively.
TITLE III--OREGON TREASURES
Subtitle A--Wild Rogue Wilderness Area
SEC. 301. WILD ROGUE WILDERNESS AREA.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Map.--The term ``Map'' means the map entitled ``Wild
Rogue Wilderness Additions'' and dated June 12, 2013.
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to
public land administered by the Secretary of the
Interior; or
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(4) Wilderness additions.--The term ``Wilderness additions''
means the land added to the Wild Rogue Wilderness under
subsection (b)(1).
(b) Expansion of Wild Rogue Wilderness Area.--
(1) Expansion.--The approximately 56,100 acres of Federal
land in the State of Oregon generally depicted on the map as
``BLM Proposed Wilderness'' and ``Proposed USFS Wilderness''
shall be added to and administered as part of the Wild Rogue
Wilderness in accordance with Public Law 95-237 (16 U.S.C. 1132
note; 92 Stat. 43 ), except that--
(A) the Secretary of the Interior and the Secretary
of Agriculture shall administer the Federal land under
their respective jurisdiction; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to
the Secretary of Agriculture or the Secretary of the
Interior, as applicable.
(2) Map; legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare a map and legal description of the wilderness
area designated by paragraph (1).
(B) Force of law.--The map and legal description
filed under subparagraph (A) shall have the same force
and effect as if included in this section, except that
the Secretary may correct typographical errors in the
map and legal description.
(C) Public availability.--The map and legal
description filed under subparagraph (A) shall be on
file and available for public inspection in the
appropriate offices of the Bureau of Land Management
and Forest Service.
(3) Correction.--Section 3(b) of the Endangered American
Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law 95-237;
92 Stat. 43) is amended by striking ``3(a)(5)'' and inserting
``3(a)(5)(A)''.
(4) Withdrawal.--Subject to valid existing rights, the
Wilderness additions are withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(5) Tribal rights.--Nothing in this subsection alters,
modifies, enlarges, diminishes, or abrogates the treaty rights
of any Indian tribe.
(c) Potential Addition to Wilderness Area.--
(1) Designation.--Subject to paragraph (3) and in furtherance
of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.),
certain public land in the State of Oregon administered by the
Secretary of the Interior, compromising approximately 600
acres, as generally depicted on the map as ``Potential
Wilderness'', shall be added to and administered as part of the
Wild Rogue Wilderness.
(2) Interim management.--Subject to valid existing rights,
the Secretary shall manage the land described in paragraph (1)
to protect its suitability for designation as wilderness until
the date on which the land is designated as wilderness in
accordance with paragraph (3).
(3) Wilderness designation.--
(A) In general.--The land described in paragraph (1)
shall be designated as wilderness and added to and
administered as part of the Wild Rogue Wilderness on
the date on which the Secretary publishes in the
Federal Register notice that the conditions in the
potential wilderness area that are incompatible with
the Wilderness Act (16 U.S.C. 1131 et seq.) have been
removed.
(B) Administration.--On designation as wilderness
under paragraph (1), the land described in that
paragraph shall be administered in accordance with this
Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and
Public Law 95-237 (16 U.S.C. 1132 note; 92 Stat. 40).
(4) Withdrawal.--Subject to valid existing rights, the land
described in paragraph (1) is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(d) Withdrawal Area Protections.--
(1) In general.--The Secretary shall manage the Federal land
described in paragraph (2) in a manner that preserves the
natural and primitive character of the land for recreational,
scenic, and scientific use.
(2) Description of the land.--The Federal land referred to in
paragraph (1) is the approximately 4,000 acres generally
depicted on the map as ``Withdrawal Area''.
(3) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare a map and legal description of the land
described in paragraph (2).
(B) Force of law.--The map and legal description
filed under subparagraph (A) shall have the same force
and effect as if included in this section, except that
the Secretary may correct typographical errors in the
map and legal description.
(C) Public availability.--The map and legal
description filed under subparagraph (A) shall be on
file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(4) Use of land.--
(A) In general.--Subject to valid existing rights,
with respect to the Federal land described in paragraph
(2), the Secretary shall only allow uses that are
consistent with the purposes described in paragraph
(1).
(B) Prohibited uses.--The following shall be
prohibited on the Federal land described in paragraph
(2):
(i) Permanent roads.
(ii) Commercial enterprises.
(iii) Except as necessary to meet the minimum
requirements for the administration of the
Federal land and to protect public health and
safety--
(I) the use of motor vehicles; or
(II) the establishment of temporary
roads.
(5) Withdrawal.--Subject to valid existing rights, the
Federal land described in paragraph (2) is withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(e) Wild and Scenic River Designations, Rogue River Area.--
(1) Amendments.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5)
and inserting the following:
``(5) Rogue, oregon.--
``(A) In general.--The segment of the river extending
from the mouth of the River downstream to the Lobster
Creek Bridge, to be administered by the Secretary of
the Interior or the Secretary of Agriculture, as agreed
to by the Secretaries of the Interior and Agriculture
or as directed by the President.
``(B) Additions.--In addition to the segment
described in subparagraph (A), there are designated the
following segments in the Rogue River:
``(i) Kelsey creek.--The approximately 6.8-
mile segment of Kelsey Creek from the Wild
Rogue Wilderness boundary in T. 32 S., R. 9 W.,
sec. 25, Willamette Meridian, to the confluence
with the Rogue River, as a wild river.
``(ii) East fork kelsey creek.--
``(I) Scenic river.--The
approximately 0.2-mile segment of East
Fork Kelsey Creek from headwaters
downstream to the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W., sec. 5,
Willamette Meridian, as a scenic river.
``(II) Wild river.--The approximately
4.6-mile segment of East Fork Kelsey
Creek from the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W., sec. 5,
Willamette Meridian, to the confluence
with Kelsey Creek, as a wild river.
``(iii) Whisky creek.--
``(I) Recreational river.--The
approximately 0.6-mile segment of
Whisky Creek from the confluence of the
East Fork and West Fork to 0.1 miles
downstream from road 33-8-23, as a
recreational river.
``(II) Wild river.--The approximately
1.9-mile segment of Whisky Creek from
0.1 miles downstream from road 33-8-23
to the confluence with the Rogue River,
as a wild river.
``(iv) East fork whisky creek.--
``(I) Scenic river.--The
approximately 0.9-mile segment of East
Fork Whisky Creek from its headwaters
to Wild Rogue Wilderness boundary in T.
33 S., R. 8 W., sec. 11, Willamette
Meridian., as a scenic river.
``(II) Wild river.--The approximately
2.6-mile segment of East Fork Whisky
Creek from the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W., sec. 11,
Willamette Meridian., to 0.1 miles
downstream of road 33-8-26 crossing, as
a wild river.
``(III) Recreational river.--The
approximately 0.3-mile segment of East
Fork Whisky Creek from 0.1 miles
downstream of road 33-8-26 to the
confluence with Whisky Creek, as a
recreational river.
``(v) West fork whisky creek.--The
approximately 4.8-mile segment of West Fork
Whisky Creek from its headwaters to the
confluence with the East Fork Whisky Creek, as
a wild river.
``(vi) Big windy creek.--
``(I) Scenic river.--The
approximately 1.5-mile segment of Big
Windy Creek from its headwaters to 0.1
miles downstream from road 34-9-17.1,
as a scenic river.
``(II) Wild river.--The approximately
5.8-mile segment of Big Windy Creek
from 0.1 miles downstream from road 34-
9-17.1 to the confluence with the Rogue
River, as a wild river.
``(vii) East fork big windy creek.--
``(I) Scenic river.--The
approximately 0.2-mile segment of East
Fork Big Windy Creek from its
headwaters to 0.1 miles downstream from
road 34-8-36, as a scenic river.
``(II) Wild river.--The approximately
3.7-mile segment of East Fork Big Windy
Creek from 0.1 miles downstream from
road 34-8-36 to the confluence with Big
Windy Creek, as a wild river.
``(viii) Little windy creek.--
``(I) Scenic river.--The
approximately 1.2-mile segment of
Little Windy Creek from its headwaters
to the Wild Rogue Wilderness boundary
in T. 33 S., R. 9 W., sec. 34,
Willamette Meridian, as a scenic river.
``(II) Wild river.--The approximately
1.9-mile segment of Little Windy Creek
from the Wild Rogue Wilderness boundary
in T. 33 S., R. 9 W., sec. 34,
Willamette Meridian to the confluence
with the Rogue River, as a wild river.
``(ix) Howard creek.--
``(I) Scenic river.--The
approximately 0.3-mile segment of
Howard Creek from its headwaters to 0.1
miles downstream of road 34-9-34, as a
scenic river.
``(II) Wild river.--The approximately
6.9-mile segment of Howard Creek from
0.1 miles downstream of road 34-9-34 to
the confluence with the Rogue River, as
a wild river.
``(x) Mule creek.--
``(I) Scenic river.--The
approximately 3.5-mile segment of Mule
Creek from its headwaters downstream to
the Wild Rogue Wilderness boundary as a
scenic river.
``(II) Wild river.--The approximately
7.8-mile segment of Mule Creek from the
Wild Rogue Wilderness boundary in T. 32
S., R. 9 W., sec. 29, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
``(xi) Anna creek.--The approximately 3.5-
mile segment of Anna Creek from its headwaters
to the confluence with Howard Creek, as a wild
river.
``(xii) Missouri creek.--
``(I) Scenic river.--The
approximately 3.1-mile segment of Mule
Creek from its headwaters downstream to
the Wild Rogue Wilderness boundary in
T. 33 S., R. 10 W., sec. 24, Willamette
Meridian, as a scenic river.
``(II) Wild river.--The approximately
1.6-mile segment of Missouri Creek from
the Wild Rogue Wilderness boundary in
T. 33 S., R. 10 W., sec. 24, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
``(xiii) Jenny creek.--
``(I) Scenic river.--The
approximately 3.1-mile segment of Jenny
Creek from its headwaters downstream to
the Wild Rogue Wilderness boundary in
T. 33 S., R. 9 W., sec. 28, Willamette
Meridian, as a scenic river.
``(II) Wild river.--The approximately
1.8-mile segment of Jenny Creek from
the Wild Rogue Wilderness boundary in
T. 33 S., R. 9 W., sec. 28, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
``(xiv) Rum creek.--
``(I) Scenic river.--The
approximately 2.2-mile segment of Rum
Creek from its headwaters to the Wild
Rogue Wilderness boundary in T. 34 S.,
R. 8 W., sec. 9., Willamette Meridian,
as a scenic river.
``(II) Wild river.--The approximately
2.2-mile segment of Rum Creek from the
Wild Rogue Wilderness boundary in T. 34
S., R. 8 W., sec. 9, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
``(xv) East fork rum creek.--
``(I) Scenic river.--The
approximately 0.8-mile segment of East
Fork Rum Creek from its headwaters to
the Wild Rogue Wilderness boundary in
T. 34 S., R. 8 W., sec. 10., Willamette
Meridian, as a scenic river.
``(II) Wild river.--The approximately
1.3-mile segment of East Fork Rum Creek
from the Wild Rogue Wilderness boundary
in T. 34 S., R. 8 W., sec. 10,
Willamette Meridian, to the confluence
with Rum Creek, as a wild river.
``(xvi) Wildcat creek.--The approximately
1.7-mile segment of Wildcat Creek from its
headwaters downstream to the confluence with
the Rogue River, as a wild river.
``(xvii) Montgomery creek.--The approximately
1.8-mile segment of Montgomery Creek from its
headwaters downstream to the confluence with
the Rogue River, as a wild river.
``(xviii) Hewitt creek.--
``(I) Scenic river.--The
approximately 1.4-mile segment of
Hewitt Creek from its headwaters to the
Wild Rogue Wilderness boundary in T. 33
S., R. 9 W., sec. 19.,Willamette
Meridian, as a scenic river.
``(II) Wild river.--The approximately
1.2-mile segment of Hewitt Creek from
the Wild Rogue Wilderness boundary in
T. 33 S., R. 9 W., sec. 19, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
``(xix) Bunker creek.--The approximately 6.6-
mile segment of Bunker Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xx) Dulog creek.--
``(I) Scenic river.--The
approximately 0.8-mile segment of Dulog
Creek from its headwaters to 0.1 miles
downstream of road 34-8-36, as a scenic
river.
``(II) Wild river.--The approximately
1.0-mile segment of Dulog Creek from
0.1 miles downstream of road 34-8-36 to
the confluence with the Rogue River, as
a wild river.
``(xxi) Quail creek.--The approximately 1.7-
mile segment of Quail Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 10 W., sec.
1, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
``(xxii) Meadow creek.--The approximately
4.1-mile segment of Meadow Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxiii) Russian creek.--
``(I) Scenic river.--The
approximately 0.1-mile segment of
Russian Creek from its headwaters to
the Wild Rogue Wilderness boundary in
T. 33 S., R. 8 W., sec. 20., Willamette
Meridian, as a scenic river.
``(II) Wild river.--The approximately
2.5-mile segment of Russian Creek from
the Wild Rogue Wilderness boundary in
T. 33 S., R. 8 W., sec. 20, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
``(xxiv) Alder creek.--The approximately 1.2-
mile segment of Alder Creek from its headwaters
to the confluence with the Rogue River, as a
wild river.
``(xxv) Booze creek.--The approximately 1.5-
mile segment of Booze Creek from its headwaters
to the confluence with the Rogue River, as a
wild river.
``(xxvi) Bronco creek.--The approximately
1.8-mile segment of Bronco Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxvii) Copsey creek.--The approximately
1.5-mile segment of Copsey Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxviii) Corral creek.--The approximately
0.5-mile segment of Corral Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxix) Cowley creek.--The approximately
0.9-mile segment of Cowley Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxx) Ditch creek.--The approximately 1.8-
mile segment of Ditch Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 9 W., sec.
5, Willamette Meridian, to its confluence with
the Rogue River, as a wild river.
``(xxxi) Francis creek.--The approximately
0.9-mile segment of Francis Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxxii) Long gulch.--
``(I) Scenic river.--The
approximately 1.4-mile segment of Long
Gulch from its headwaters to the Wild
Rogue Wilderness boundary in T. 33 S.,
R. 10 W., sec. 23, Willamette Meridian,
as a scenic river.
``(II) Wild river.--The approximately
1.1-mile segment of Long Gulch from the
Wild Rogue Wilderness boundary in T. 33
S., R. 10 W., sec. 23, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
``(xxxiii) Bailey creek.--
``(I) Scenic river.--The
approximately 1.4-mile segment of
Bailey Creek from its headwaters to the
Wild Rogue Wilderness boundary on the
west section line of T. 34 S., R. 8 W.,
sec. 14, Willamette Meridian, as a
scenic river.
``(II) Wild river.--The approximately
1.7-mile segment of Bailey Creek from
the west section line of T. 34 S., R.8
W., sec.14, Willamette Meridian, to the
confluence of the Rogue River, as a
wild river.
``(xxxiv) Shady creek.--The approximately
0.7-mile segment of Shady Creek from its
headwaters to the confluence with the Rogue
River, as a wild river.
``(xxxv) Slide creek.--
``(I) Scenic river.--The
approximately 0.5-mile segment of Slide
Creek from its headwaters to 0.1 miles
downstream from road 33-9-6, as a
scenic river.
``(II) Wild river.--The approximately
0.7-mile section of Slide Creek from
0.1 miles downstream of road 33-9-6 to
the confluence with the Rogue River, as
a wild river.
``(xxxvi) Quartz creek.--The approximately
3.3-mile segment of Quartz Creek from its
headwaters to its confluence with the North
Fork Galice Creek., as a scenic river.
``(xxxvii) North fork galice creek.--The
approximately 5.7-mile segment of the North
Fork Galice Creek from its headwaters to its
confluence with Galice Creek, as a recreational
river.''.
(2) Management.--Each river segment designated by
subparagraph (B) of section 3(a)(5) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1))
shall be managed as part of the Rogue Wild and Scenic River.
(3) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the river segments
designated under subparagraph (B) of section 3(a)(5) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by
paragraph (1)) is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(f) Additional Protections for Rogue River Tributaries.--
(1) Licensing by commission.--The Commission shall not
license the construction of any dam, water conduit, reservoir,
powerhouse, transmission line, or other project works on or
directly affecting any stream described in paragraph (4).
(2) Other agencies.--
(A) In general.--No department or agency of the
United States shall assist by loan, grant, license, or
otherwise in the construction of any water resources
project on or directly affecting any stream segment
that is described in paragraph (4), except to maintain
or repair water resources projects in existence on the
date of enactment of this Act.
(B) Effect.--Nothing in this paragraph prohibits any
department or agency of the United States in assisting
by loan, grant, license, or otherwise, a water
resources project--
(i) the primary purpose of which is
ecological or aquatic restoration; and
(ii) that provides a net benefit to water
quality and aquatic resources.
(3) Withdrawal.--Subject to valid existing rights, the
Federal land located within \1/4\ mile on either side of the
stream segments described in paragraph (4), is withdrawn from
all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(4) Description of stream segments.--The following are the
stream segments referred to in paragraph (1):
(A) Kelsey creek.--The approximately 2.5-mile segment
of Kelsey Creek from its headwaters to Wild Rogue
Wilderness boundary in T. 32 S., R. 9 W., sec. 25.
(B) Grave creek.--The approximately 10.2-mile segment
of Grave Creek from the confluence of Wolf Creek
downstream to the confluence with the Rogue River.
(C) Centennial gulch.--The approximately 2.2-mile
segment of Centennial Gulch from its headwaters to its
confluence with the Rogue River.
(D) Quail creek.--The approximately 0.8-mile segment
of Quail Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 10 W., sec. 1.,
Willamette Meridian.
(E) Ditch creek.--The approximately 0.7-mile segment
of Ditch Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 9 W., sec.
5.,Willamette Meridian.
(F) Galice creek.--The approximately 2.2-mile segment
of Galice Creek from the confluence with the South
Forest Galice Creek downstream to the confluence with
the Rogue River.
Subtitle B--Devil's Staircase Wilderness
SEC. 311. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled ``Devil's
Staircase Wilderness Proposal'' and dated June 15, 2010.
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(3) State.--The term ``State'' means the State of Oregon.
(4) Wilderness.--The term ``Wilderness'' means the Devil's
Staircase Wilderness designated by section 312(a).
SEC. 312. DEVIL'S STAIRCASE WILDERNESS, OREGON.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 30,540 acres of Forest Service land
and Bureau of Land Management land in the State, as generally depicted
on the map, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the ``Devil's
Staircase Wilderness
(b) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Wilderness.
(2) Force of law.--The map and legal description prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service and
Bureau of Land Management.
(c) Administration.--Subject to valid existing rights, the area
designated as wilderness by this section shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date shall be
considered to be a reference to the date of enactment of this
Act; and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary that has
jurisdiction over the land within the Wilderness.
(d) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife in the State.
(e) Adjacent Management.--
(1) In general.--Nothing in this section creates any
protective perimeter or buffer zone around the Wilderness.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside the Wilderness
can be seen or heard within the Wilderness shall not preclude
the activity or use outside the boundary of the Wilderness.
(f) Protection of Tribal Rights.--Nothing in this section diminishes
any treaty rights of an Indian tribe.
(g) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the
approximately 49 acres of Bureau of Land Management land north
of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is
transferred from the Bureau of Land Management to the Forest
Service.
(2) Administration.--The Secretary shall administer the land
transferred by paragraph (1) in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to
the National Forest System.
SEC. 313. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN
CREEK, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 102(a)) is amended by adding at the end the
following:
``(215) Franklin creek, oregon.--The 4.5-mile segment from
its headwaters to the line of angle points within sec. 8, T. 22
S., R. 10 W., shown on the survey recorded in the Official
Records of Douglas County, Oregon, as M64-62, to be
administered by the Secretary of Agriculture as a wild river.
``(216) Wasson creek, oregon.--The 10.1-mile segment in the
following classes:
``(A) The 4.2-mile segment from the eastern boundary
of sec. 17, T. 21 S., R. 9 W., downstream to the
western boundary of sec. 12, T. 21 S., R. 10 W., to be
administered by the Secretary of the Interior as a wild
river.
``(B) The 5.9-mile segment from the western boundary
of sec. 12, T. 21 S., R. 10 W., downstream to the
eastern boundary of the northwest quarter of sec. 22,
T. 21 S., R. 10 W., to be administered by the Secretary
of Agriculture as a wild river.''.
Subtitle C--Additional Wild and Scenic River Designations and Technical
Corrections
SEC. 321. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS, MOLALLA RIVER,
OREGON.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as amended by section 313) is amended by adding at the
end the following:
``(217) Molalla river, oregon.--
``(A) In general.--The following segments in the
State of Oregon, to be administered by the Secretary of
the Interior as a recreational river:
``(i) Molalla river.--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.
``(ii) Table rock fork molalla river.--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) Withdrawal.--Subject to valid existing 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 relating
to mineral and geothermal leasing or mineral
materials.''.
(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 paragraph 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. 322. TECHNICAL CORRECTIONS TO THE WILD AND SCENIC RIVERS ACT.
Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(69)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and indenting
appropriately;
(2) in the matter preceding clause (i) (as so redesignated),
by striking ``The 44.5-mile'' and inserting the following:
``(A) Designations.--The 44.5-mile'';
(3) in clause (i) (as so 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 so redesignated)--
(A) by striking ``8-mile'' and inserting ``7.5-
mile''; and
(B) by striking ``Boulder Creek to Steel Bridge'' and
inserting ``Mislatnah Creek to Eagle Creek'';
(5) in clause (iii) (as so redesignated)--
(A) by striking ``11-mile'' and inserting ``9.5-
mile''; 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.''.
Subtitle D--Frank Moore Wild Steelhead Sanctuary
SEC. 331. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``Map'' means the map entitled ```O&C Land
Grant Act of 2014: Frank Moore Wild Steelhead Sanctuary" and
dated November 3, 2014.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture acting through the Chief of the Forest Service.
(3) State.--The term ``State'' means the State of Oregon.
SEC. 332. FRANK MOORE WILD STEELHEAD SANCTUARY, OREGON.
(a) Designation.--The approximately 104,000 acres of Forest Service
land in the State, as generally depicted on the map, is designated as
the ``Frank Moore Wild Steelhead Sanctuary''.
(b) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Frank Moore Wild Steelhead Sanctuary.
(2) Force of law.--The map and legal description prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(c) Administration.--Subject to valid existing rights, the area
designated as the Frank Moore Wild Steelhead Sanctuary by this section
shall be administered by the Secretary in accordance with the all laws
(including regulations applicable to the National Forest System, and in
addition for the purposes of protecting, preserving and enhancing the
natural character, scientific use, and the botanical, recreational,
ecological, fish and wildlife, scenic, drinking water, and cultural
values of the areas and to preserve opportunities for primitive
recreation and especially to protect and enhance the wild salmonid
resources of this area and maintain the watershed as a thermal refuge
for native salmonids.
(d) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife in the State.
(e) Adjacent Management.--
(1) In general.--Nothing in this section creates any
protective perimeter or buffer zone around the Frank Moore Wild
Steelhead Sanctuary.
(2) Adjacent management.--Nothing in this section creates any
protective perimeter or buffer zone around an area designated
under this section.
(f) Protection of Tribal Rights.--Nothing in this section diminishes
any treaty rights of an Indian tribe.
(g) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the Frank Moore Wild Steelhead Sanctuary river
segments designated 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 relating to mineral and
geothermal leasing or mineral materials.
(h) Uses.--The Secretary shall only allow uses of the Frank Moore
Wild Steelhead Sanctuary that are consistent with the purposes and
values for which the Frank Moore Wild Steelhead Sanctuary is
established.
(i) Use of Motorized Vehicles.--The use of motorized vehicles within
the Frank Moore Wild Steelhead Sanctuary shall be limited to roads
allowed by the Secretary for such use, provided that the Secretary may
allow off-road vehicle use in designated portions of the areas
designated by this section if such use is consistent with the purposes
and values for which the area was designated.
(j) Roads.--
(1) In general.--The Secretary, to the maximum extent
practicable, shall decrease the total mileage of system roads
that are operational in the Frank Moore Wild Steelhead
Sanctuary to a quantity less than the quantity of mileage in
existence on the date of enactment of the Oregon and California
Land Grant Act of 2014. The Secretary shall prioritize
decreasing the mileage of the road network in order to reduce
impacts to water quality from sediment delivered to streams by
forest roads.
(2) Temporary roads.--If the Secretary constructs a temporary
road as part of a vegetation management project, the Secretary
shall close and decommission the temporary road not later than
the earlier of--
(A) the date that is 2 years after the date on which
the activity for which the temporary road was
constructed is completed; and
(B) the date that is 1 year after the date on which
the vegetation management project is completed.
(3) No new roads.--The Secretary shall prohibit any new
system or nonsystem road within the Frank Moore Wild Steelhead
Sanctuary and key watersheds under the NWFP after the date of
enactment of the Oregon and California Land Grant Act of 2014
except as necessary, where no practicable alternative exists
and subject to the availability of appropriations. The
Secretary shall also prohibit the construction of any new road
in any roadless area.
Purpose
The purpose of S. 1784 is to improve timber management and
protect old growth trees and protect water quality on the
Oregon and California Railroad and Coos Bay Wagon Road grant
land, to designate certain Federal land as wilderness and other
special designations, to take certain land into trust, and to
modify how timber receipts are to be shared with counties.
Background and Need
The Oregon and California Railroad Revested Lands, commonly
known as the ``O&C lands,'' consist of more than 2.4 million
acres of forest found distributed in a checkerboard pattern
through eighteen counties of western Oregon. Most of the O&C
lands are administered by the Bureau of Land Management (BLM),
with approximately 462,000 acres managed by the Forest Service.
These lands were originally granted by the Federal government
to the Oregon and California Railroad Company in the 1860s to
promote completion of the Oregon section of the Portland to San
Francisco rail line, but in 1916, after the railroad failed to
meet its obligation to sell the land to settlers, Congress took
back title to these lands. Three years later, Congress also
revested 93,000 acres of Coos Bay Wagon Road grant lands under
similar circumstances.
In 1937, Congress passed an act relating to the revested
Oregon and California Railroad and reconveyed Coos Bay Wagon
Road grant lands situated in the State of Oregon (the O&C Lands
Act of 1937), which provided counties with a share of the
receipts collected from these lands to compensate the counties
for foregone property tax revenues that would be available if
the lands were privately owned. The lands were classified as
timberlands to be managed for permanent forest production for
the purpose of providing a permanent source of timber supply.
The Act also provided for protecting watersheds and stream
flow, contributing to the economic stability of local
communities and industries, and providing recreation.
The range of uses desired for the O&C lands, as well as
their checkerboard pattern across the landscape, has led to
challenges in their management. Timber harvests from O&C lands
were substantial for many decades and provided significant
revenues to Oregon's rural counties. However, after the listing
in 1990 of the Northern Spotted Owl under the Endangered
Species Act, timber harvests plummeted. The Northwest Forest
Plan, adopted administratively in 1994, has governed the
management of these lands and was intended to strike a balance
between conservation and timber harvest. Critics often say that
the conservation objectives were largely achieved--although the
spotted owl remains threatened and in decline--but renewed
timber harvests have failed to materialize, with continued
timber sale protests and litigation tying up forest management
actions.
This legislation would divide the O&C lands so that roughly
half of the lands would be designated for conservation and the
other half would be managed to revive timber harvesting.
Further, timber sales on that portion of the O&C lands would be
afforded streamlined environmental review and some protection
from protests or litigation.
Legislative History
S. 1784 was introduced by Senator Wyden of Oregon on
December 9, 2013. On February 6, 2014, the Senate Committee on
Energy and Natural Resources held a hearing on S. 1784 (S. Hrg.
113-349). At its business meeting on November 13, 2014, the
Committee ordered S. 1784 to be reported favorably with an
amendment in the nature of a substitute.
S. 1784 is comprised of several other bills introduced in
the 113th Congress--S. 352, S. 353, S. 354, S. 1414 and S.
1415.
S. 352, Devil's Staircase Wilderness Act, was introduced by
Senators Wyden and Merkley on February 14, 2013. At its
business meeting on March 14, 2013 the Committee ordered S. 23
favorably reported by voice vote. Similar legislation, S. 766,
was introduced in the 112th Congress by Senators Wyden and
Merkley on April 7, 2011. The Subcommittee on Public Lands and
Forests held a hearing on the bill on May 18, 2011, (S. Hrg.
112-39). At its business meeting on November 10, 2011, the
Committee ordered S. 766 favorably reported without amendment
(S. Rpt. 112-39). The Committee reported a similar bill (S.
1272) in the 111th Congress (S. Rept. 111-387).
Senators Wyden and Merkley introduced S. 353, Oregon's
Treasures Act of 2013, on February 14, 2013. The Subcommittee
on Public Lands, Forests, and Mining held a hearing on S. 353
on April 25, 2013 (S. Hrg. 113-28). At its business meeting on
June 18, 2013, the Committee ordered the bill favorably
reported with an amendment in the nature of a substitute (S.
Rept. 113-100). S. 353 combines elements from several bills
considered by the Committee in the 112th Congress: S. 403, S.
607, S. 764, and S. 2001 (and in some cases, predecessor
legislation in the 111th Congress). S. 403, the Molalla River
Wild and Scenic Rivers Act, was introduced by Senators Wyden
and Merkley on February 17, 2012. The Subcommittee on National
Parks held a hearing on S. 403 on May 11, 2011, (S. Hrg. 112-
124). Senators Wyden and Merkley introduced similar legislation
during the 111th Congress. S. 607, the Cathedral Rock and Horse
Heaven Wilderness Act of 2011, was introduced by Senators Wyden
and Merkley on March 17, 2011. The Subcommittee on Public Lands
and Forests held a hearing on the bill on May 18, 2011, (S.
Hrg. 112-39). S. 764, the Chetco River Protection Act of 2011,
was introduced by Senators Wyden and Merkley on April 7, 2011.
The Subcommittee on National Parks held a hearing on the bill
on July 29, 2011, (S. Hrg. 112-39). S. 2001, the Rogue
Wilderness Area Expansion Act of 2011, was introduced by
Senators Wyden and Merkley on December 15, 2011. The
Subcommittee on Public Lands and Forests held a hearing on the
bill on March 22, 2012, (S. Hrg. 112-39).
S. 1414, Oregon Coastal Land Conveyance Act, was introduced
by Senators Wyden and Merkley on July 31, 2013. The
subcommittee on Public Lands, Forests and Mining held a hearing
on November 20, 2013, (S. Hrg. 113-342).
S. 1415, Canyon Mountain Land Conveyance Act of 2013, was
also introduced by Senators Wyden and Merkley on July 31, 2013.
The subcommittee on Public Lands, Forests and Mining held a
hearing on November 20, 2013, (S. Hrg. 113-342).
Representative Hastings and others introduced legislation
on the O&C lands, H.R. 1526, Restoring Healthy Forests for
Healthy Communities Act, in the House of Representatives on
April 12, 2013. The House Committee on Natural Resources
ordered the bill reported on September 17, 2013, (H. Rept. 113-
213). The House of Representatives passed H.R. 1526 on
September 20, 2013 by a recorded vote of 244-173.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on November 13, 2014, by a majority vote
of a quorum present recommends that the Senate pass S. 1784, if
amended as described herein.
The roll call vote on reporting the measure was 15 yeas, 7
nays as follows:
YEAS NAYS
Ms. Landrieu* Mr. Barrasso*
Mr. Wyden Mr. Risch*
Mr. Johnson Mr. Lee*
Ms. Cantwell Mr. Heller*
Mr. Sanders Mr. Flake
Ms. Stabenow* Mr. Scott*
Mr. Udall Mr. Portman
Mr. Franken
Mr. Manchin
Mr. Schatz
Mr. Heinrich
Ms. Baldwin
Ms. Murkowski
Mr. Alexander*
Mr. Hoeven*
*Indicates vote by proxy.
Committee Amendment
During its consideration of S. 1784, the Committee adopted
an amendment in the nature of a substitute. The amendment makes
several substantive changes in the bill as well as numerous
technical changes. The substituted bill would change the amount
of land (from 2.4 million to 2.6 million acres) governed by the
legislation, by adding: 410,000 acres of BLM public domain
lands; 72,000 acres of BLM's Coos Bay Wagon Road lands; 3,500
acres of Army Corps of Engineers lands; and 308,000 acres of
U.S. Forest Service land; and by releasing 380,000 acres of
U.S. Forest Service land currently managed under the O&C Lands
Act of 1937. The updated bill directs the BLM to identify
50,000 acres from the land covered under this bill to continue
to be harvested under the BLM's current guidelines, as laid out
in the Northwest Forest Plan. Also, the updated bill redefines
old growth forests in the bill as stands of trees over 85 years
old (down from 120 years). Harvesting is prohibited on these
forests. Lastly, the stream protections in the updated bill are
both simpler and will be easier to adjust in the future.
Section-by-Section Analysis
Section 1 provides a short title and table of contents.
TITLE I--MANAGEMENT ON OREGON AND CALIFORNIA RAILROAD AND COOS BAY
WAGON ROAD GRANT LAND
Section 101 amends the O&C Lands Act of 1937 by inserting
12 new sections in place of the first section of the current
law, and by redesignating the remaining 3 sections of the
current law as sections 13 through 15.
Section 1, as amended, redesignates the O&C Lands Act of
1937 as the ``Oregon and California Land Grant Act of 2014''.
Section 2 defines key terms. Most notably, paragraph (9)
defines the term ``covered land'' to mean the 2.8 million acres
of Federal land to which the Act would apply by way of a map.
This land includes the 2.0 million-acre portion of the O&C land
that was originally managed by the BLM; the 410,000 acres of
public domain land managed by the BLM; the 72,000 acres of Coos
Bay Wagon Road land managed by the BLM; 308,000 acres of land
currently managed by the Forest Service; and 3,502 acres of
land currently managed by the Army Corps of Engineers.
Paragraph (16) defines the term ``legacy tree'' to mean a tree
whether live or dead that is greater than 150 years old.
Section 3 provides overall management direction to the land
covered by this bill.
Subsection (a) requires the original O&C land to be managed
in accordance with the Act.
Subsection (b) both modifies and adds additional purposes
for which these lands are to be managed. The original purpose
of managing for forest production is limited to those areas
identified in the bill. Also the purpose ``recreational
facilities'' was changed to ``recreational opportunities.''
Fish and wildlife benefits, improved ecological and
hydrological function and health, and improved forest health
were added to the original purposes.
Subsection (c) directs the Secretary to not apply the BLM's
Survey and Manage Mitigation Measures to projects that occur in
the dry forestry emphasis area or the moist forestry emphasis
area.
Subsection (d) requires the covered land, even that land
not originally designated as O&C land to be managed in
accordance with the Act.
Subsection (e) prohibits the harvesting of stands of trees
90 years of age or older in Moist Forestry Emphasis Areas and
Conservation Emphasis Areas, and prohibits the harvesting of
individual trees that are over 150 years old and located near a
stream.
Subsection (f) states that nothing in this Act modifies the
Endangered Species Act.
Subsection (g) requires the Secretary to follow the more
protective provisions if land is subject to overlapping
designations.
Subsection (h) authorizes residents living adjacent to
these Federal lands to treat hazardous fuels within a 100 feet
of their homes.
Subsection (i) directs the Secretary to adjust the
placement of land either in the Dry Forestry Emphasis Area or
the Moist Forestry Emphasis Area provided in this bill within 5
years of enactment.
Subsection (j) makes clear that nothing in this Act affects
private existing rights.
Subsection (k) makes clear that State of Oregon still
retains jurisdiction of fish and wildlife on these lands.
Subsection (l) restricts the Secretary's use of pesticides
on these lands to controlling invasive plants.
Subsection (m) directs the Secretary to identify 50,000
acres from these lands to be jointly managed with Oregon State
University to promote research and demonstration projects.
Subsection (n) establishes a transition period for
implementation during which existing timber sales and analysis
for projects can be completed, for the most part without
modification.
Section 4 directs BLM to carry out the Northwest Forest
Plan's Aquatic Conservation Strategy but amends it.
Subsection (a) amends the Aquatic Conservation Strategy by
reducing the size of the buffers required along streams, but
also directs the Secretary after 5 years to establish a
scientific committee in order to adjust the buffers along
individual streams.
Subsection (b) authorizes the construction of temporary
roads and permanent roads, in certain instances, within these
stream buffers.
Subsection (c) authorized the Secretary to do certain types
of restoration projects within and along streams and exempts
them from review under the National Environmental Policy Act.
Section 5 directs the Secretary to publish a notice of
intent two publish a Landscape Prioritization Plan and two
draft Comprehensive Environmental Impact Statements, formally
starting the environmental review process required under the
National Environmental Policy Act.
Subsection (a) directs the Secretary to publish the notice
of intent within 30 days of enactment and every five years
thereafter.
Subsection (b) directs the Secretary to take public
comments on the notice of intent for 45 days.
Subsection (c) requires the Secretary to revise the
applicable Land Management Plan as part of this process.
Subsection (d) directs the Secretary of the Interior, the
Secretary of Commerce, and the Administrator of the EPA, within
30 days of enactment, to enter into an agreement as to how to
produce the analysis and documentation required to carry out
this Act.
Section 6 directs the Secretary to publish a Landscape
Prioritization Plan, which is a framework for 5 years' worth of
projects.
Subsection (a) directs the Secretary to publish the
Landscape Prioritization Plan within 270 days of enactment and
every five years thereafter.
Subsection (b) directs the Secretary to coordinate with the
U. S. Fish and Wildlife Service and the National Marine
Fisheries Service to ensure the Landscape Prioritization Plan
complies with the Endangered Species Act.
Subsection (c) requires the Secretary to identify the
locations and types of projects that the BLM proposes to
accomplish in the next five years in the moist forestry
emphasis areas, dry forestry emphasis areas, and conservation
emphasis areas.
Subsection (d) directs the Secretary to take public
comments on the Landscape Prioritization Plan for 60 days.
Subsection (e) directs the Secretary to revise the
Landscape Prioritization Plan upon review of the public
comments.
Subsection (f) directs the Secretary to assess
implementation of the Act every five years.
Subsection (g) directs the Secretary to U.S.e at least $1
million annually to monitor changes to water quality, fish and
wildlife habitat, and forest health.
Subsection (h) directs the Secretary to publish, within 18
months and every five years thereafter, two draft Comprehensive
Environmental Impact Statements. One will be for the Moist
Forestry Emphasis Area and the Conservation Emphasis Area, and
the other will be for the Dry Forestry Emphasis Area. Both will
analyze different locations for projects across four
alternatives and will analyze five years' worth of projects.
The Secretary is also directed to solicit public comment on
these draft Comprehensive Environmental Impact Statements for
60 days and to publish two final Comprehensive Environmental
Impact Statements nine months after the publication of the
draft Comprehensive Environmental Impact Statements. The
Secretary is directed to publish each record of decision 60
days later.
Section 7 sets eligibility requirements and guidance for
each relief mechanism--objections, administrative review
process, and judicial review.
Subsection (a) authorizes a person to file an objection to
a final Comprehensive Environmental Impact Statement within 60
days of its publication, and to file a protest of an individual
vegetation management project within 15 days of its notice
being published. To be eligible to file, the person must have
submitted comments during the development of the Comprehensive
Environmental Impact Statement.
Subsection (b) requires the Secretary to provide the public
notice of a vegetation management project 90 days before the
BLM solicits a bid for the project.
Subsection (c) authorizes a person that filed an objection
to seek judicial review within 75 days of receiving a decision
from the BLM.
Section 8 provides requirements for timber harvests on the
lands designated as the moist forestry emphasis area.
Subsection (a) directs the Secretary to calculate how much
timber will be cut from the moist forestry emphasis area over
each five-year period.
Subsection (b) provides several specific directions on how
timber should be harvested from these lands. These directions
include not cutting \1/3\ of the trees within each timber sale,
and choosing 50,000 acres for which \1/6\ of the trees within
each timber sale would not be cut.
Subsection (c) restricts the Secretary to the present size
of the existing road system in this area. This subsection
authorizes the construction of new permanent roads, but also
directs the Secretary to decommission existing BLM roads that
will not be used within the next 5 years.
Section 9 provides requirements for timber harvests on the
lands designated as the dry forestry emphasis area.
Subsection (a) directs the Secretary to calculate how much
timber will be cut from the dry forestry emphasis area over
each five-year period.
Subsection (b) directs the Secretary to harvest timber on
this land to reduce the likelihood of a large wildfire.
Subsection (c) requires the Secretary to prioritize
treatments near communities.
Subsection (d) provides several specific directions on how
timber should be harvested from these lands in order to make
them more resistant to wildfire.
Subsection (e) restricts the Secretary to the present size
of the existing road system in this area. This subsection
authorizes the construction of new permanent roads, but also
directs the Secretary to decommission existing BLM roads that
will not be used within the next 5 years.
Section 10 designates dozens of areas for various
conservation purposes that in total constitute the conservation
emphasis area.
Subsection (a) designates 690,000 acres as a conservation
network to be managed as forest reserves to provide
conservation benefits.
Subsection (b) designates 510,000 acres as Late
Successional Old-Growth Forest Heritage Reserves, which all
contain stands of trees 90 years of age or older. No logging is
allowed in these areas.
Subsection (c) designates 16,863 acres across four distinct
areas as Special Management Units, to protect municipal water
supplies. No livestock grazing is allowed in these areas.
Subsection (d) designates two National Recreation Areas--
the Rogue Canyon National Recreation area, which is 94,700
acres adjacent to the Rogue Wilderness, and the Mollalla
National Recreation Area, which is 24,100 acres.
Subsection (e) designates 170,267 acres across 11 distinct
areas as Special Management Areas, each to be managed according
to its own purposes.
Subsection (f) expands the Cascade-Siskiyou National
Monument to encompass an adjacent 2,050 acres.
Subsection (g) establishes a protective corridor along the
Pacific Crest National Scenic Trail.
Subsection (h) limits activities on these lands to those
that are consistent with the purposes of the Conservation
Emphasis Area. For example, timber harvesting is only allowed
when necessary to address forest health.
Subsection (i) prohibits the construction of new permanent
roads on these lands.
Section 11 both authorizes and directs BLM to pursue land
exchanges consistent with the Federal Land Policy and
Management Act of 1976 (FLPMA). Moreover, lands managed by the
BLM, Forest Service, and Army Corps of Engineers are
redistributed among the agencies.
Subsection (a) authorizes the Secretary to exchange BLM
lands for adjacent private lands.
Subsection (b) transfers 25,000 acres of BLM land to the
U.S. Forest Service.
Subsection (c) requires the Secretary of Agriculture to
identify 308,000 acres of U.S. Forest Service land to transfer
to the BLM: 102,000 acres to become part of either the Moist
Forestry Emphasis Area or Dry Forestry Emphasis Area, and
206,000 acres to become part of the Conservation Emphasis Area.
Subsection (d) transfers 3,502 acres of Army Corps of
Engineers land to the BLM.
Subsection (e) authorizes the creation of a Legacy Roads
and Trails program to fund road decommissioning up to $5
million annually.
Section 12 provides how generated receipts on covered land
will be shared among the U.S. Treasury, the BLM, and the
respective counties.
Subsection (a) establishes a separate fund in the treasury
for receipts from these lands.
Subsection (b) transfers $4 million annually from this fund
into the General Fund of the Treasury.
Subsection (c) authorizes 25 percent of the money from
receipts to be used by the BLM for administering this Act, up
to $20 million.
Subsection (d) distributes the remainder of the funds to
the counties using the allocation method to distribute funding
across counties that is currently used.
Subsection (b) provides two conforming amendments. The
first is to place all of the Conservation Emphasis Area into
the National Landscape Conservation System. The second is to
un-designate the O&C lands that are managed by the U.S. Forest
Service, but have not been transferred to the BLM. These lands
would now be managed as normal Forest Service lands.
Section 102 amends the Wild and Scenic Rivers Act,
designating over 100 miles of rivers within the covered land as
Wild and Scenic Rivers.
Subsection (a) adds 7 rivers to the national wild and
scenic rivers system.
Subsection (b) alters which portions of the Elk River will
be protected under the Wild and Scenic Rivers Act.
Subsection (c) withdraws the Federal lands adjacent to
these rivers from mining or disposal.
TITLE II--TRIBAL LAND
Subtitle A--Oregon Coastal Land Conveyance
Section 201 defines key terms used in subtitle A.
Section 202 transfers 14,801 acres of BLM land to be held
in trust as a reservation for the Confederated Tribes of Coos,
Lower Umpqua, and Siuslaw Indians.
Section 203 directs the Secretary to create and provide to
Congress and the public a detailed map of these lands.
Section 204 prohibits the Tribes from exporting any
unprocessed logs that are harvested from this land outside of
the United States, and prohibits the lands from being used for
gaming.
Section 205 requires any forest management activities that
occur on these lands to be done consistent with the laws that
govern these activities on other Federal lands, except the
Federal Land Policy and Management Act of 1976 will not apply.
This section also requires that the Tribe provide
administrative access to the BLM.
Subtitle B--Canyon Mountain Land Conveyance
Section 211 defines key terms used in subtitle B.
Section 212 transfers 17,826 acres of BLM land to be held
in trust as a reservation for the Cow Creek Band of Umpqua
Tribe of Indians.
Section 213 directs the Secretary to create and provide to
Congress and the public a detailed map of these lands.
Section 214 prohibits the Tribes from exporting any
unprocessed logs that are harvested from this land outside of
the United States.
Section 215 requires any forest management activities that
occur on these lands to be done consistent with the laws that
govern these activities on other Federal lands, except the
Federal Land Policy and Management Act of 1976 will not apply.
This section also requires that the Tribe provide
administrative access to the BLM.
Subtitle C--Amendments to Coquille Restoration Act
Section 221 amends the Coquille Restoration Act to make the
laws regarding the management of their forest uniform with the
laws affecting other Tribes.
TITLE III--OREGON TRASURES
Subtitle A--Wild Rogue Wilderness Area
Section 301 expands the existing Wild Rogue Wilderness and
adds segments (92 miles) of the Rogue River to the Wild and
Scenic Rivers Act.
Subsection (a) defines key terms used in subtitle A.
Subsection (b) expands the existing Wild Rogue Wilderness
by 56,100 acres.
Subsection (c) directs the Secretary to remove those
structures on 600 acres of BLM land that are incompatible with
a wilderness designation; and once complete, this land will be
added to the Wild Rogue Wilderness without further action by
Congress.
Subsection (d) withdraws an additional 4,000 acres from
permanent road construction, disposal, and mining.
Subsection (e) adds 37 segments of the Rogue River to the
Wild and Scenic Rivers Act.
Subsection (f) prohibits the development of water or energy
resources along the Rogue River's Tributaries.
Subtitle B--Devil's Staircase Wilderness
Section 311 defines key terms used in subtitle B.
Section 312 establishes the Devil's Staircase Wilderness on
approximately 30,540 acres of Forest Service and BLM land.
Also, 49 acres of BLM land is transferred to the Forest
Service.
Section 313 designates a total of 14.6 miles of river
segments on the Wasson Creek and Franklin Creek as wild rivers
under the Wild and Scenic Rivers Act.
Subtitle C--Additional Wild and Scenic River Designations and Technical
Corrections
Section 321 designates a 15.1-mile segment of the Molalla
River and a 6.2-mile segment of the Table Rock Fork Molalla
River as recreational rivers under the Wild and Scenic Rivers
Act.
Section 322 makes technical corrections to existing wild
and scenic river designations along the Chetco River. The wild
segment increases from 25.5 miles to 27.5 miles. The scenic
segment decreases from 8 miles to 7.5 miles. The recreational
segment decreases from 11 miles to 9.5 miles.
Subtitle D--Frank Moore Wild Steelhead Sanctuary
Section 331 defines key terms used in subtitle D.
Section 332 establishes a Wild Steelhead Sanctuary, known
as the ``Frank Moore Wild Steelhead Sanctuary'' on 104,000
acres of U.S. Forest Service land. This section also prohibits
the construction of any new roads on the refuge and directs the
Secretary to decrease the quantity of existing roads.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1784.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1784, as ordered reported.
Congressionally Directed Spending
Section 4(c)(2)(B) of the Oregon and California Land Grant
Act of 2014, as added by section 101 of S. 1784, as reported,
requires the Secretary of Agriculture to spend not less than $1
million annually, indexed for inflation, to transport and place
large trees in streams in the covered land to improve fish
habitat.
Section 6(g) of the Oregon and California Land Grant Act of
2014, as added by section 101 of S. 1784, as reported, requires
the Secretary of Agriculture to spend not less than $1 million
annually, indexed for inflation, to monitor changes in forest
health water quality, and fish and wildlife habitat.
Section 11(e)(4) of the Oregon and California Land Grant
Act of 2014, as added by section 101 of S. 1784, as reported,
authorizes the appropriation of $5 million, adjusted for
inflation, for each of fiscal years 2013 through 2023, to carry
out legacy road and trail projects in the covered land.
Section 12(c)(2) of the Oregon and California Land Grant
Act of 2014, as added by section 101 of S. 1784, as reported,
requires the Secretary of Agriculture to spend up to $20
million annually, adjusted for inflation, on the management of,
administrative expense for, and capital improvement costs for
the covered land.
Executive Communications
The testimony provided by Bureau of Land Management at the
Committee's February 6, 2013, hearing on S. 1784 follows:
Statement of Steven A. Ellis, Deputy Director for Operations, Bureau of
Land Management, Department of the Interior
Thank you for the opportunity to discuss the views of the
Department of the Interior on S. 1784, the Oregon and
California Land Grant Act of 2013. The bill concerns the 2.2
million acres of Revested Oregon and California Railroad and
Reconveyed Coos Bay Wagon Road Grant Lands (the O&C Lands) in
western Oregon administered by the Bureau of Land Management
(BLM).
S. 1784 would establish new designations and principles for
the management of O&C forest lands (Title I), transfer certain
lands into trust status on behalf of two tribes and amend the
Coquille Restoration Act (Title II), and establish new
conservation designations in western Oregon (Title III). Due to
the complexity of the bill and the issues it addresses, the
Department of the Interior's testimony summarizes the views of
the Administration on each title of the bill.
The Department appreciates the Chairman's work in
developing this legislation and views it as a continuation of
discussions about improving the management of these western
Oregon lands. The Department supports many of the goals of the
bill, supports Title III, and would like to work with the
sponsor and the Committee on substantive, clarifying, and
technical amendments to Titles I and II. The Department has
previously testified on many of the ideas contained in the
provisions in Title II and Title III. We have concerns with the
bill as drafted, but we are committed to continue working with
the sponsor to address concerns and we are encouraged by the
ongoing discussion between stakeholders. We look forward to
working with the sponsor and the Committee to further develop
the proposal.
management of o&c lands/background
Current BLM Management of O&C Lands
The O&C Lands Act of 1937 placed 2.2 million checkerboard
acres of Oregon and California Railroad and Coos Bay Wagon Road
grant lands under the jurisdiction of the Department of the
Interior. Under the O&C Lands Act, the Department of the
Interior manages the O&C lands 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.'' The Act also provides that the 18
O&C counties receive yearly payments equal to 50 percent of
receipts from timber harvests on O&C lands in these counties.
After the historic highs of the late 1980s, timber harvests
and the associated payments to counties decreased significantly
in the mid-1990s due to many factors, including business
cycles, changes in logging practices, and a better
understanding of conservation requirements for threatened and
endangered species such as the Northern Spotted Owl, Coho
Salmon, and Marbled Murrelet. The 1994 Northwest Forest Plan
was developed by Federal agencies and scientists in
consultation with the public and industry to be a balanced,
long-term management plan striving for a stable supply of
timber along with protection of fish and wildlife habitat for
24.5 million acres of Federal forest, most of which is managed
by the U.S. Forest Service, and the majority of which occurs in
western Oregon, western Washington, and northern California.
The BLM's western Oregon Resource Management Plans were amended
in 1995 (1995 RMPs) to incorporate the Northwest Forest Plan
management guidelines and land use allocations.
In addition to the O&C lands in western Oregon, the BLM
manages 212,000 acres of public domain forests and other
acquired lands within the boundary of the Northwest Forest
Plan. The Department of the Interior continues to manage the
O&C lands under the 1995 RMPs and the guidance of the Northwest
Forest Plan, along with management recommendations derived from
the 2011 Northern Spotted Owl recovery plan and 2012 Final
Critical Habitat Rule, as well as a number of court decisions.
The BLM's timber management program involves complex
legislative frameworks and resource management goals, including
providing a predictable and sustainable yield of timber and
other forest products vital to rural communities, maintaining
endangered species habitat and recovering populations,
providing clean water, restoring fire-adapted ecosystems, and
providing recreational opportunities. In the last three years,
the BLM in western Oregon has offered approximately 620 million
board feet of timber from O&C lands and generated over $60
million dollars in timber receipts. These and other BLM-managed
lands in western Oregon also provide outstanding recreational
opportunities, with over 5 million visits per year to enjoy
hiking, camping, hunting, and fishing.
Collaborative Approaches
In western Oregon, the BLM strives to strike a balance
between the need for a predictable and sustainable timber
supply, provision of recreational opportunities and other non-
timber products, and achieving conservation objectives, such as
protecting older forests and aiding in the recovery of the
Northern Spotted Owl and other threatened and endangered
species. Despite decades of controversy surrounding these
issues, many in Oregon continue to work hard to look for
solutions that meet the needs of industry, rural communities,
local governments, and the conservation of habitat, species,
and water resources. As provided under Title II of the Secure
Rural Schools Act, the BLM has collaborated with Resource
Advisory Committees to prioritize and allocate funding for
restoration projects.
As part of the Administration's ongoing commitment to
improve forest resiliency, aid in the recovery of the Northern
Spotted Owl, and support economic opportunities for local
communities in the Pacific Northwest, leaders from the FWS,
BLM, and U.S. Forest Service met in 2013 with employees from
all three agencies to articulate a common vision and intent in
approaching these goals. We are aware that during the past
year, Governor Kitzhaber; Senator Wyden; and Representatives
DeFazio, Walden, and Schrader have initiated efforts to better
understand and address these multifaceted concerns. We are
eager to engage with them on these issues and we appreciate
both the challenges and the possibilities that result from
collaborative efforts involving the wide range of stakeholders.
Resource Management Plans
The BLM is currently revising the 1995 RMPs that govern
management of the O&C lands. The BLM has actively sought
significant engagement from the public and key stakeholders and
will continue do so throughout this effort, striving for a
cooperative approach to the complex issues associated with
managing these lands.. The BLM in western Oregon is employing a
series of collaborative approaches and meetings to engage over
25 formal cooperators and interested stakeholders during the
current efforts to revise the RMPs. We have received positive
feedback on these efforts. The revised RMPs will provide a
management framework for O&C lands that furthers the recovery
of threatened and endangered species, produces a reliable and
sustainable yield of timber products, provides for clean water,
restores fire-adapted ecosystems, and ensures diverse
recreational opportunities. The BLM has completed public
scoping as part of the National Environmental Policy Act (NEPA)
process and used input derived during the scoping period to
help craft the Purpose and Need for the planning effort. As the
BLM moves forward in developing draft RMPs, it will consider
public input as well as lessons learned from 20 years of
experience implementing the Northwest Forest Plan, the BLM's
ecological forestry pilot projects, and threatened and
endangered species recovery plans and critical habitat
designations from both the U.S. Fish and Wildlife Service (FWS)
and National Marine Fisheries Service (NMFS).
s. 1784 title i
Management of O&C Lands
Title I pertains to management of the O&C lands. This title
allocates certain forest lands as ``Forestry Emphasis Areas''
and others as ``Conservation Emphasis Areas'' and provides
guidance for the management of each area. The BLM shares the
goals of providing a sustained yield of timber, establishing a
large block network of older forest habitat, and protecting
older, more complex forests in support of improved conservation
of threatened and endangered species. The BLM understands that
one of the goals of S. 1784 is to simplify management direction
and environmental analysis for the O&C lands and we also share
that goal. BLM believes that the goal of addressing management
challenges in Western Oregon must be achieved collaboratively
and with the best available science. However, rather than
simplify management for the O&C lands, BLM is concerned that
that the current draft of the bill could create increased
complexity and uncertainty.
In support of some of the same broad goals of Title I, in
2010, the Department of the Interior initiated four
collaborative pilot projects applying the principles of
ecological forestry in the BLM's Roseburg, Coos Bay, and
Medford districts. These pilot projects have involved
collaboration with resource professionals from the BLM, FWS,
NMFS, and the Coquille Indian Tribe, as well as industry and
the conservation community. The BLM is exploring the further
application of ecological forestry principles in preparing
ongoing timber sales while it undertakes efforts to revise its
RMPs.
Although the BLM supports many of Title I's broad policy
goals, we have concerns with the language of Title I and the
impacts of its implementation. We would like to highlight some
of those concerns and we would like to continue to work with
the sponsor and the Committee to address them.
The BLM's management of the O&C lands, as well as public
domain forests in western Oregon, is currently governed by a
number of statutory and other requirements, including the
National Environmental Policy Act (NEPA), the Endangered
Species Act (ESA), the Clean Water Act, the O&C Lands Act of
1937, the Federal Land Policy and Management Act (FLPMA), and
the relevant implementing regulations and plans. We are
concerned that there is a lack of clarity about the
relationship between the various statutory provisions in this
legislation and other related laws and regulations. This could
lead to duplicative analyses and planning efforts, disputes or
confusion over appropriate BLM management actions, delayed
compliance, and potentially increased costs of litigation. In
addition, the Department is concerned that the very
prescriptive management requirements will undermine flexibility
necessary to manage in changing circumstances, use the best
available science, engage the public, or achieve recovery goals
for key threatened and endangered species. For these reasons
and others, it is difficult for the Department to determine the
full scope of the impact this bill would have on existing
environmental laws, public involvement in, and sound management
of, these lands and to provide comments on that basis.
As drafted, the bill could be inconsistent with important
protections provided by current laws for environmentally sound
management of these lands and could reduce public involvement
in the management planning process. The Department has concerns
about provisions that are inconsistent with the species
protections afforded by the ESA, such as the apparent allowance
for certain projects to go forward in spite of a jeopardy
determination by the FWS or site specific analysis.
Additionally, the Department has concerns regarding the
time frames established in the bill, including the timelines
prescribed for compliance with NEPA--the cornerstone law
guiding environmental protection and public involvement in
federal actions. Many deadlines in the bill are not sufficient
to allow for the necessary level of analysis, the public
participation necessitated by the high level of public interest
and involvement in these issues, and the complexity of the
issues and information that must be analyzed. In our
experience, mandatory deadlines can often result in incomplete
or rushed analyses, increasing litigation risk and delay. We
are also very concerned with using an environmental impact
statement prepared for a large area as the only NEPA review for
any subsequent site- or project-specific activity for a period
of 10 years precluding consideration of changes on the ground
that occur during that 10 year period. The Administration's
concerns include: (1) the temporal and spatial scale of the
EIS; (2) the limitation precluding consideration of more than
two reasonable alternatives; (3) the limitation precluding
consideration of impacts beyond specific authorized actions;
(4) the limitations on the public's ability to review and
challenge; and (5) the limitations on the consistency document
that replaces a tiered, site- or project-specific,
environmental review. These concerns cut to the very core of
the ability to prepare a reasoned and considered NEPA
environmental review. We would like to work with the sponsor
and the Committee to ensure that the processes required under
the bill allow for the necessary analyses and sequencing to
produce environmental reviews for informed and defensible
analyses and decisions.
Finally, the bill does not incorporate direction for the
212,000 acres of public domain lands that are found within
western Oregon and currently managed under the Northwest Forest
Plan guidance. The BLM is concerned that implementing different
management direction on public domain versus O&C lands that are
intermingled, ecologically similar, and have historically been
managed under the same guidance could lead to confusion and
further management challenges and associated costs.
The Department has a number of substantive and technical
concerns, and would like to work with the sponsor on clarifying
amendments.
Revenue Distribution
The Administration has a number of concerns with the
language regarding revenue distribution as drafted and we look
forward to working with the sponsor on clarifying amendments.
Title I would depart from the historic formula of sharing
revenues from O&C timber sales with the O&C counties and
Treasury's General fund for the benefit of all taxpayers.
Additionally, the bill caps receipts allocated to the General
Fund at no more than $4 million and provides that money be
taken from the U.S. Treasury and BLM administrative payments if
a minimum county payment threshold is not met. BLM takes
seriously its responsibility to the public as stewards of our
nation's natural resources and ensuring that public resources
on federal and Indian lands provide a fair return to the
American people. As drafted, the bill may set an undesirable
precedent by diverting receipts from the Treasury and thereby
reducing the net return to taxpayers.
Conservation Designations
Title I would establish or modify several conservation
designations that would be included in the BLM's National
Landscape Conservation System. Section 112 proposes to add
approximately 2,050 acres to the Cascade-Siskiyou National
Monument in southwestern Oregon. The Monument was established
by Presidential Proclamation on June 8, 2000, and was later
modified with the addition of wilderness and additional
management direction by P.L. 111-11, the Omnibus Public Lands
Act. The Monument's nearly 53,000 acres are a place of great
biological diversity due to its location at the confluence of
three converging mountain ecoregions--the Cascade, Klamath, and
Eastern Cascade. The proposed additions would enhance this
biodiversity and provide important habitat connectivity. The
BLM generally supports the proposed additions, and would like
to work with the sponsor to ensure consistency in management
across the entire Monument and to consider any minor boundary
modifications.
Section 114 establishes a protective corridor for sections
of the Pacific Crest National Scenic Trail where it travels
through and adjacent to Cascade-Siskiyou National Monument.
While the BLM generally supports these provisions we would like
to work with the sponsor to improve consistency with the
National Trails System Act, BLM policy, and BLM management
objectives. Finally, section 103 would protect over 50 miles of
Oregon rivers with new designation as either recreational or
scenic rivers under the Wild and Scenic Rivers Act. The BLM
supports these designations.
Title I also establishes a wide variety of designations,
including two National Recreation Areas four Drinking Water
Special Management Units, and the Illinois Valley Salmon and
Botanical Area Special Management Unit. Additionally, the bill
establishes Special Environmental Zones, Primitive Backcountry
Special Management Areas, and Special Management and Research
Areas. Many of these designations are new to BLM and it is
unclear whether they will meet their stated conservation
objectives. We would like to work with the sponsor on language
that would clarify the management goals for each of these
designation types. Likewise, we would like the opportunity to
consider boundary modifications for manageability.
s. 1784 title ii, tribal land
Title II of S. 1784 provides that approximately 14,804
acres of BLM-managed lands in western Oregon be held in trust
for the benefit of the Confederated Tribes of the Coos, Lower
Umpqua, and Siuslaw Indians and that approximately 17,826 acres
of BLM-managed lands in western Oregon be held in trust on
behalf of the Cow Creek Band of Umpqua Tribe of Indians. This
title would also require the Department of the Interior to
reclassify an equal number of acres of public domain lands as
O&C lands to compensate for the loss of O&C lands transferred
by the bills. Finally, Title II provides for an amendment to
the Coquille Restoration Act.
Many of the BLM-managed lands in this area have
significance for nearby tribes. Both the Confederated Tribes of
the Coos, Lower Umpqua, and Siuslaw Indians and the Cow Creek
Band of Umpqua Tribe of Indians have expressed their desire to
acquire culturally significant tracts of land in the region as
well as forest lands to be managed for the financial benefit of
tribal members. The BLM strongly believes that open
communication between the BLM and tribes is essential in
maintaining effective government-to-government relationships,
and the BLM has a positive working relationship with the tribes
in the area. The Department welcomes opportunities to work with
Congress on the transfer of lands into trust status and
supports the goals of this title. The BLM would like the
opportunity to work with the sponsor and the Committee to
address various issues related to the bill, including access
rights, utility and facility encumbrances, and timber harvest.
The bill would require the BLM to identify sections of
public domain lands to be reclassified as O&C lands within 18
months. It is our understanding that the sponsor intends the
bill to transfer or reclassify only BLM-managed lands. The BLM
would like to work with the sponsor to clarify language in
sections 206 and 216 accordingly. The timeframes provided in
the bill to complete reclassification of public domain lands
are insufficient considering the workload, staffing and costs
involved. Additionally, the BLM is concerned that lands of
approximately equal acreage, habitat condition, productivity,
and land use allocation are unavailable for reclassification
within the affected planning areas. The BLM would like to work
with the sponsor on a timeline that would add flexibility and
language providing specificity regarding the lands to be
reclassified and their subsequent management.
Because many of the lands to be taken into trust through
this title have been identified for potential future timber
sales, the BLM believes that the transfer of these lands into
trust status would reduce the land base from which the BLM
could offer timber sales, thereby reducing the quantities of
timber that could be offered by the BLM in future timber sales
and resulting in a potential reduction of timber revenues to
the United States and to the O&C counties, and potentially
impacting the BLM's implementation of the provisions in Title
I.
Subtitle A, Oregon Coastal Land Conveyance
The bill's Oregon Coastal Land Conveyance provisions (Title
II, Subtitle A; introduced separately as S. 1414) provide that
seven tracts of land currently managed by the BLM, totaling
14,804 acres, be held in trust for the benefit of the
Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw
Indians (the Tribes). The bill directs all right, title, and
interest of the United States to the identified lands, subject
to valid existing rights, to be held in trust for the benefit
of the Tribes. These parcels are located in western Oregon's
Coos, Douglas, Benton, and Lane Counties, and include tracts
such as the Coos Head, Talbot Allotment, and Umpqua Eden
parcels, which are of particular cultural significance to the
Tribes, as well as areas such as the Lower Smith River and
Tioga tracts, managed for timber production. While the transfer
would be subject to valid existing rights, we have concerns
about access and withdrawal. Finally, the lands identified for
transfer contain 6,236 acres of critical habitat for the
northern spotted owl, as well as critical habitat for the
marbled murrelet and other threatened species. The Department
notes that transfer of these lands could impact recovery of
these species, and would like to work with the sponsor to
clarify language related to the protection of wildlife.
Subtitle B, Canyon Mountain Land Conveyance
The bill's Canyon Mountain Land Conveyance provisions
(Title II, Subtitle B; introduced separately as S. 1415)
provide that approximately 17,826 acres of BLM-managed land in
Douglas County, Oregon, be held in trust for the benefit of the
Cow Creek Band of Umpqua Tribe of Indians (Tribe). The bill
directs all right, title, and interest of the United States to
the identified lands, subject to valid existing rights, to be
held in trust for the benefit of the Tribe. The lands
identified for transfer would be used to restore and expand the
historic and economic base for the Tribe in southwestern
Oregon. The parcels are scattered and interspersed with private
lands, and include many areas popular with hunters, anglers,
and campers. While the transfer would be subject to valid
existing rights, the BLM has access concerns related to some
parcels. These lands also include populations of the Federally-
threatened Kincaid's Lupine and roughly 14,600 acres of
critical habitat for the northern spotted owl. The Department
notes that transfer of these lands could impact recovery of
these species. The BLM would like to work with the sponsor to
clarify language related to the protection of recreational,
wildlife, and cultural resources.
Subtitle C, Coquille Restoration Act
Subtitle C of Title II would amend the Coquille Restoration
Act (P.L. 101-42) to provide for a change in management
direction for the Coquille Forest. The Department supports this
modification to the Coquille Restoration Act.
s. 1784 title iii, oregon treasures
The BLM also manages many extraordinary lands in western
Oregon that are proposed for conservation designation under
this legislation. Title III of S. 1784 includes the following
wilderness and wild and scenic river designations in Oregon:
the Wild Rogue in southwestern Oregon (introduced separately as
part of S. 353); the Devil's Staircase in southwestern Oregon
(introduced separately as S. 352); and the Molalla River in
northern Oregon (introduced separately as part of S. 353). It
also makes technical corrections to the Wild and Scenic Rivers
Act (introduced separately as part of S. 353). The Department
supports this title, which would conserve and protect these
special places that are treasured both locally and nationally.
Wild Rogue Wilderness
Over millions of years, the Rogue River, one of the initial
eight rivers recognized in the 1968 Wild and Scenic Rivers Act,
has carved its way through western Oregon's mountains. Dense,
old-growth forests flank the Rogue providing habitat for
forest-dependent species. The cold, clear waters of the river
provide a home for Pacific salmon, steelhead trout, and green
sturgeon.
Recreationists drawn to the Rogue River watershed are a
critical economic engine for local economies and include
fishing, rafting and boat tours, and hiking and backpacking.
The bill (Section 301) proposes to enlarge the existing
Wild Rogue Wilderness by adding nearly 60,000 acres of land
administered by the BLM and extend the existing Rogue Wild and
Scenic River by adding 93 miles of 35 tributaries to the wild
and scenic river system. In addition, the bill withdraws 50
miles of 20 other Rogue River tributaries from land laws,
mining laws, and mineral leasing laws and prohibits the Federal
Energy Regulatory Commission (FERC) from licensing new water
resource projects and associated facilities along these
tributaries.
The BLM supports this section of the bill. This wild and
rugged area is largely untrammeled and has been influenced
primarily by the forces of nature with outstanding
opportunities for primitive recreation or solitude.
Devil's Staircase Wilderness
The proposed Devil's Staircase Wilderness near the coast of
southwestern Oregon is wild, reminding us of what much of this
land looked like hundreds of years ago. A multi-storied forest
of Douglas fir and western hemlock towers over underbrush of
giant ferns, providing critical habitat for the threatened
northern spotted owl and marbled murrelet. The remote and
rugged nature of this area provides a truly wild experience for
any hiker.
Subtitle B of Title III proposes to designate over 30,000
acres as wilderness, as well as portions of both Franklin Creek
and Wasson Creek as components of the Wild and Scenic Rivers
System. In previous testimonies, the U.S. Department of
Agriculture has supported legislation to designate Devil's
Staircase as Wilderness as well as Franklin and Wasson Creeks
as components to the Wild and Scenic River System. Our
understanding is that USDA continues to support these
designations. Additionally, the Department supports the
designations that would be managed by the BLM, including
approximately 6,830 acres of the proposed Devil's Staircase
Wilderness and 4.2 miles of Wasson Creek.
Molalla Wild & Scenic River
At an elevation of 4,800 feet, the Molalla River flows
undammed for 49 miles west and north until it joins the
Willamette River, providing drinking water for local
communities and important spawning habitat for several fish
species. Within an hour's drive of the metropolitan areas of
Portland and Salem, the Molalla watershed provides significant
recreational opportunities for fishing, canoeing, mountain
biking, horseback riding, hiking, hunting, camping, and
swimming and draws over 65,000 visitors annually.
Section 321 of the bill proposes to designate 15.1 miles of
the Molalla River and 6.2 miles of the Table Rock Fork of the
Molalla as components of the National Wild and Scenic Rivers
System. The Department supports these designations.
Corrections to the Wild and Scenic Rivers Act
Section 322 of the bill pertains to lands managed by the
U.S. Forest Service, and the Department defers to the
Department of Agriculture on this provision.
conclusion
S. 1784 would modify and direct the BLM's management of the
O&C lands for timber harvest and conservation purposes,
transfer certain lands into trust status for the benefit of
tribes, and establish new conservation designations in western
Oregon. The Department does support the goals of transferring
lands into trust status and modifying management of certain
lands for the benefit of tribes and supports the conservation
designations that would be made under Title III. Additionally,
the Department supports the goal of identifying a collaborative
solution to conflicting management goals in western Oregon and
the Department looks forward to continuing to work with the
sponsor, the Committee, and stakeholders to address concerns
with the bill as drafted, and to accomplish our shared
stewardship goals for BLM-managed lands in western Oregon.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2602, as ordered 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):
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 Represenatives 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
interfere 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 liens 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, representative 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.]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon and California Land
Grant Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 80 year old age class.--The term ``80 year old
age class,'' following the common usage by the Bureau
of Land Management, means a group of trees of which the
average age of the dominant trees is 75 to 84 years
old, comprising part of or an entire stand.
(2) 90 year old age class.--The term ``90 year old
age class'', following the common usage by the Bureau
of Land Management, means a group of trees, of which
the average age of the dominant trees is 85 to 94 years
old, comprising part of or an entire stand.
(3) Adjacent private land.--The term ``adjacent
private land'' means any privately owned land that is--
(A) contiguous to covered land as defined in
this Act; or
(B) situated so that it is reasonably
necessary to use covered land as defined in
this Act to access the privately owned land.
(4) Agency action.--The term ``agency action'' has
the meaning given the term in section 551 of title 5,
United States Code.
(5) Archeological site.--The term ``archeological
site'' means any district, site, building, structure,
or object that is included, or eligible for inclusion,
in the National Register under section 106 of the
National Historic Preservation Act (16 U.S.C. 470f).
(6) Conservation emphasis area.--The term
``Conservation Emphasis Area'' means the lands
allocated for various purposes in Section 10, except
for subsection 10(f), and generally depicted on the map
entitled ``O & C Land Grant Act of 2014: Conservation
Emphasis Areas'' and dated November 3, 2014 and the
lands generally depicted on the map entitled ``O & C
Land Grant Act of 2014: Late Successional Old-Growth
Forest Heritage Areas'' and dated November 3, 2014.
(7) Covered agency action.--The term ``covered agency
action'' means an agency action carried out by the
Secretary, through the U.S. Bureau of Land Management
or U.S. Fish and Wildlife Service, relating to the
management of vegetation on covered land.
(8) Covered civil action.--The term ``covered civil
action'' means a civil action seeking judicial review
of a covered agency action.
(9) Covered land.--The term ``covered land'' means
the approximately 2,700,000 acres of land designated as
``Oregon and California Railroad and Coos Bay Wagon
Road grant land'', generally depicted as ``covered
lands'' on the map entitled ``O & C Land Grant Act of
2014'' and dated November 3, 2014, which includes the
approximately 410,000 acres of the Public Domain and
acquired lands in section 3(d), the approximately
72,000 acres of the reconveyed Coos Bay Wagon Road
grant land that is under the jurisdiction of the
Department, and the approximately 205,500 acres of
final BLM land, formerly Forest Service and Army Corps
of Engineers land, denoted in section 11 of this Act
entitled ``Land Management Rationalization'' all to be
designated O&C lands; provided further any lands later
acquired by the Secretary surrouding the area generally
depicted on this map shall also be covered lands and
designated O&C lands; and further provided that any
lands otherwise intended to be accepted into the O&C
lands land base also be considered ``covered land'' by
this Act.
(10) Decommission.--The term ``decommission'', with
respect to a road, means to restore any natural
drainage, watershed function, or other ecological
process that has been disrupted or adversely impacted
by the road by--
(A) removing or hydrologically disconnecting
the road prism;
(B) reestablishing vegetation on the former
road prism; and
(C) using the best available science to
restore the integrity and form of associated
hill slopes, channels and floodplains.
(11) Department.--The term ``Department'' means the
Department of the Interior.
(12) Dry forests.--The term ``Dry Forests'' means the
land that is labeled as ``Dry Forest'' on the map
entitled ``O & C Land Grant Act of 2014: Moist Forests
and Dry Forests'' and dated November 3, 2014 and that
is located within the area labeled as ``Forestry
Emphasis Area'' on the map entitled ``O & C Land Grant
Act of 2014: Forestry Emphasis Areas'' and dated
November 3, 2014.
(13) Forest health.--The term ``forest health'' means
conditions that enable forested land--
(A) to be durable, resilient, and less prone
to uncharacteristic wildfire, insect, or
pathogen events, while--
(i) supporting ecosystem services and
populations of native species; and
(ii) allowing for natural
disturbances;
(B) to maintain or develop species
composition, ecosystem function and structure,
hydrologic function, and sediment regimes that
are within an acceptable range that considers--
(i) historic variability; and
(ii) anticipated future conditions
(14) Forest management.--The term ``forest
management'', with respect to the activities of
adjacent private land owners, means any activity or
plan reasonably necessary for the prudent management,
upkeep, and use of forested land, including--
(A) timber harvesting, thinning,
reforestation, vegetation and pest management,
and other silvicultural activities;
(B) development and harvest of other forest
resources and products;
(C) fire prevention and suppression
activities; and
(D) installing, constructing, maintaining,
improving, and reconstructing--
(i) roads;
(ii) landings;
(iii) yarding corridors and wedges;
(iv) guyline supports; and
(v) tail holds for permanent or
temporary use that are reasonably
necessary for prudent land management.
(15) Late successional old-growth forest.--The term
``late successional old-growth forest'' means a stand
of trees equal to or greater than \1/4\ acre in size
and with a 90-year or older age class of trees as of
the date of enactment of the Oregon and California Land
Grant Act of 2014.
(16) Legacy tree.--The term ``legacy tree'' means a
live tree that is determined to be equal to or greater
than 150 years of age or a dead tree that is estimated
to have been 150 years or older when it died.
(17) Moist forestry emphasis area.--The term ``Moist
Forestry Emphasis Area'' means the land that is labeled
as ``Moist Forest'' on the map entitled ``O & C Land
Grant Act of 2014: Moist Forests and Dry Forests'' and
dated November 3, 2014 and that is located within the
area labeled as ``Forestry Emphasis Area'' on the map
entitled ``O & C Land Grant Act of 2014: Forestry
Emphasis Areas'' and dated November 3, 2014, excluding
the lands generally depicted on the map entitled ``O &
C Land Grant Act of 2014: Late Successional Old-Growth
Forest Heritage Areas and dated November 3, 2014.
(18) Place into storage.--The term ``place into
storage'', with respect to a road, means--
(A) to maintain the road in order to prevent
resource damage; but
(B) to alter the road to eliminate all
vehicular traffic by--
(i) for purposes of controlling
erosion--
(I) installing appropriate
water control structures, such
as water bars; or
(II) ensuring the surface of
the road slopes such that water
quickly drains off the surface
of the road;
(ii) for purposes of preventing
access by vehicles--
(I) blocking the entrance of
the road; and
(II) scattering slash atop
the road surface; and
(iii) for purposes of restoring
native vegetation--
(I) scarifying lightly the
surface of the road;
(II) seeding the surface of
the road, as needed; and
(III) treating noxious weeds.
(19) Residence.--The term ``residence'' means a
privately owned, permanent structure that is maintained
for habitation as a dwelling or workplace.
(20) Salmon.--The term ``salmon'' means any of the
wild Oncorhynchus species that occur in the State of
Oregon.
(21) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director
of the Bureau of Land Management, or their designee.
(22) Site-potential tree.--The term ``site-potential
tree'' means the average dominant tree, modeled at 200
years of age, for a given site class.
(23) Source water emphasis area.--The term ``Source
Water Emphasis Area'' means the areas identified as
Source Water Emphasis Area on the map entitled ''O&C
Land Grant Act of 2014: Source Water Emphasis Areas''
and dated November 3, 2014.
(24) Sustained yield.--The term ``sustained yield''
means the definition of sustained yield under the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(25) Timber-as-a-by-product.--The term ``timber-as-a-
by-product'' means timber produced as a consequence of
vegetative treatments or other management actions
undertaken solely to achieve ecological goals.
(26) Tree tipping and tree felling activity.--The
term ``tree tipping and tree felling activity'' means
any activity relating to the intentional felling or
placement of a tree in a stream or on the forest floor
for the purposes of fish or stream or riparian habitat
improvement.
(27) Vegetation management project.--The term
``vegetation management project'' means an activity
carried out on covered land that involves the cutting
of vegetation to achieve the purposes of this Act.
SEC. 3. LAND MANAGEMENT.
(a) In General.--Notwithstanding the Act of June 9, 1916
(39 Stat. 218, chapter 137), and the Act of February 26, 1919
(40 Stat. 1179, chapter 47), any portion of the revested Oregon
and California Railroad grant land or the reconveyed Coos Bay
Wagon Road grant land that is under the jurisdiction of the
Department, here to for part of the covered land as defined in
this Act, shall be managed in accordance with this Act.
(b) Management.--The management of the covered land through
this Act is to provide collectively certainty and economic
stability for local communities and industries, fish and
wildlife benefits, improved ecological and hydrological
function and health, improved forest health, municipal and
community drinking water, permanent forest production for
identified forestry areas, protection of watersheds and
regulation of stream flow, and recreational opportunities.
(c) Applicability of Survey and Manage Requirements Under
the Northwest Forest Plan.--The document entitled ``Northwest
Forest Plan Survey and Manage Mitigation Measure Standard and
Guidelines'' shall not apply to any--
(1) Dry forestry emphasis area; or
(2) Moist forestry emphasis area.
(d) Public Domain and Acquired Land, Coos Bay Wagon Road
Lands, and Land Management Rationalization Lands.--Any federal
public land generally depicted as ``covered lands'' on the map
entitled ``O & C Land Grant Act of 2014'' and dated November 3,
2014, that is not designated as Oregon and California Railroad
grant lands under the Act of August 28, 1937 (43 U.S.C. 1181a
et seq.), as of the date of enactment of the Oregon and
California Land Grant Act of 2014 shall be designated as Oregon
and California Railroad grant lands and managed as covered land
under this Act.
(e) Restrictions Regarding Late Successional Old Growth
Forest and Legacy Trees.--
(1) In general.--The Secretary may not cut or remove
late successional old-growth forests within any land
designated under section 4(a)(3)(A) and (B), section 8,
within the Late Successional Old Growth Heritage Forest
Reserve or section 10 of this act, allowing action--
(A) for public safety purposes; or
(B) to fulfill existing obligations pursuant
to agreements affecting adjacent private lands.
(2) Forest management of legacy trees.--
(A) In Moist Forests.--(i) Legacy trees shall
not be cut in areas designated under Section
4(a)(3)(A) and (B), allowing action for--
(I) safety purposes; or
(II) tree tipping and felling
activities.
(ii) When legacy trees are located within a
Moist Forest Emphasis Area, the Secretary
shall, to the greatest extent practicable,
protect legacy trees by using them to meet the
retention requirements applicable under section
8.
(B) In dry forests.--When legacy trees are
located within a Dry Forest Emphasis Area the
Secretary shall where appropriate protect
legacy trees by using them to meet the
retention requirements applicable under section
9.
(f) Compliance With Existing Laws.--Nothing in this Act
modifies any obligation--
(1) of the Secretary to prepare or implement a land
use plan in accordance with section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1712);
(2) under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(3) under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); or
(4) under other law, except as expressly provided in
this Act in regard to other law.
(g) Effect on Previous Designations.--If there is a
conflict between any portion of this Act and land protection
designations included in the National Landscape Conservation
System or boundaries for such designations, the more
restrictive provision shall control.
(h) Adjacent Private Land Landowner Actions.--
(1) In general.--Without a permit from the Secretary,
a person may enter and treat adjacent federal land in a
Dry or Moist Forestry Emphasis Area that is located
within 100 feet of the residence of that person if--
(A) the residence is in existence on the date
of enactment of the Oregon and California Land
Grant Act of 2014;
(B) the treatment is carried out at the
expense of the person;
(C) the person notifies the Secretary of the
intent to treat that land; and
(D) the Secretary has adequate supervisory,
monitoring, and enforcement resources to ensure
that the person carries out the treatment
activities in accordance with paragraph (3).
(2) Notice.--
(A) In general.--Not less than 30 days before
beginning to treat land described in paragraph
(1), the person shall notify, in writing, the
Secretary of the intention of that person to
treat that land.
(B) Additional notification.--The person
shall also notify the Secretary not less than
14 days before beginning the treatment.
(C) Commencement.--On receiving a
notification to treat land under subparagraph
(A), the Secretary, if the requirements of
subparagraph (1)(D) are satisfied, shall inform
the person of the treatment requirements in
paragraph (3).
(3) Treatment.--A person treating land described in
paragraph (1) shall carry out the treatment in
accordance with the following requirements:
(A) No dead tree, nest tree, legacy tree, or
tree greater than 16 inches in diameter shall
be cut.
(B) No herbicide or insecticide application
shall be used.
(C) Vegetation shall be cut so that--
(i) less flammable species are
favored for retention; and
(ii) the adequate height and spacing
between bushes and trees are
maintained.
(D) Any residual trees shall be pruned--
(i) to a height of the lesser of 10
feet or 50 percent of the crown height
of the tree; and
(ii) so that all parts of the tree
are at not less than 10 feet away from
the residence.
(E) All slash created from treatment
activities under this subparagraph shall be
removed or treated not later than 60 days after
the date on which the slash is created.
(F) Any material of commercial value
generated by the activity authorized in
paragraph (1) is the property of the United
States.
(i) Redesignations of Moist Forestry Emphasis Area and Dry
Forestry Emphasis Area Lands.--
(1) Authorization to redesignate.--
(A) Evaluation required.--Not later than 10
years after the date of enactment of the Oregon
and California Land Grant Act of 2014 and every
10 years thereafter, the Secretary--
(i) shall evaluate the initial
assignments of ``Dry Forest'' and
``Moist Forest'' on the map entitled
``O&C Land Grant Act of 2014: Moist
Forest and Dry Forest'' and dated
November 3, 2014, and
(ii) may, as the Secretary determines
to be necessary and in accordance with
the criteria described in paragraph
(2)--
(I) redesignate Moist
Forestry Emphasis Area land as
Dry Forestry Emphasis Area
land; and
(II) redesignate Dry Forestry
Emphasis Area land as Moist
Forestry Emphasis Area land.
(B) Field examination.--In addition to
adjustments authorized under subparagraph (A),
the Secretary may adjust dry and moist forest
assignments in specific locations within a
vegetation management project based on an on-
the-ground field examination by the Secretary.
(2) Criteria.--
(A) In general.--In redesignating land as
Moist Forestry Emphasis Area or Dry Forestry
Emphasis Area, the Secretary shall use the
criteria described in this paragraph.
(B) Moist forestry emphasis area.--For
purposes of this subsection, land in the Moist
Forestry Emphasis Area generally--
(i)(I) would have historically
experienced infrequent wildfires at
intervals that are greater than 100
years; and
(II) these wildfires would have
included significant areas of partial
or complete stand-replacement
intensity; and
(ii) dominated by 1 or more of the
following plant association groups:
(I) The Western Hemlock
(Tsuga heterophylla) series.
(II) The Sitka Spruce (Picea
sitchensis) series.
(III) The Western Red cedar
(Thuja plicata) series.
(IV) The Pacific Silver Fir
(Abies amabilis) series.
(V) The Mountain Hemlock
(Tsuga mertensiana) series.
(VI) The Subalpine Fir-
Engelmann Spruce (Abies
lasiocarpa-Picea engelmannii)
series.
(VII) The Tanoak (Lithocarpus
densiflorus) series.
(VIII) The Moist Grand Fir
(Abies grandis) plant
association group.
(IX) The Moist White Fir
(Abies concolor) plant
association group.
(C) Dry forestry emphasis area.--For purposes
of this subsection, land in the Dry Forestry
Emphasis Area generally--
(i)(I) would have historically
experienced relatively frequent
wildfires; and
(II) these wildfires would have been
predominantly low or mixed in severity;
and
(ii) dominated by 1 or more of the
following plant association groups:
(I) The Moist Grand Fir
(Abies grandis) plant
association group.
(II) The Moist White Fir
(Abies concolor) plant
association group.
(III) The Ponderosa Pine
(Pinus ponderosa) series.
(IV) The Oregon White Oak
(Quercus garryana) series.
(V) The Douglas-fir
(Pseudotsuga menziesii) series.
(VI) The Jeffrey Pine (Pinus
jeffreyi) series.
(VII) The Dry Grand Fir
(Abies grandis) plant
association group.
(VIII) The Dry White Fir
(Abies concolor) plant
association group.
(D) Mixed forests.--
(i) In general.--For purposes of this
subsection, the Secretary may consider
land that contains a Moist Grand Fir or
a Moist White Fir plant association
group as Moist Forestry Emphasis Area
or Dry Forestry Emphasis Area based on
the condition of the land, landscape
context, or management goals.
(ii) Mixed forests.--For land that
meets criteria under both subparagraph
(B) and (C), the Secretary may choose
to categorize the land as either Moist
Forestry Emphasis Area or Dry Forestry
Emphasis Area to align with the
designations of adjacent covered land.
(3) Public comment.--In carrying out subparagraph
(i)(1)(A), the Secretary shall provide the public a
period of not less than 60 days to comment on a
proposed redesignation of land.
(j) Existing Rights.--Notwithstanding any other section of
this Act, nohing in this Act:
(1) affects any private ownership or rights,
including rights-of-way and reciprocal rights-of-way
agreements, tail hold agreements, easement obligations,
and tribal treaty rights; or
(2) affects the ability or process under which the
Secretary can grant new permissions or terminates any
valid existing lease, permit, patent, or other right of
authorization, including new permissions for an
existing lease, permit, patent, or other right of
authorization for forest management activities, upon
enactment of the Oregon and California Land Grant Act
of 2014.
(k) Jurisdiction.--Nothing in this Act affects the
jurisdiction of the State of Oregon with respect to the
management of fish and wildlife on public land in the State.
(l) Pesticide Use and Fire Protection.--
(1) Pesticides may be used within the covered land,
if the use--
(A) is limited to plants listed by the Oregon
Department of Agriculture as invasive plants;
(B) is part of an integrated pest management
plan; and
(C) is restricted to the use of various
ground-based systems that are designed to
target only invasive plants.
(2) The Secretary and the State of Oregon shall
develop an agreement to provide fire protection on the
covered lands, renegotiable every 5 years after the
date of enactment to reassess fire protection needs.
(m) Special Management and Research Areas.--
(1) In general.--The Secretary shall designate 50,000
acres across 2 to 5 sites in the covered land to
include moist forests and dry forests, as generally
depicted on the map entitled ``O&C Land Grant Act of
2014: Moist Forest and Dry Forest'' and dated November
3, 2014, to be managed by the Secretary in consultation
and coordination with Oregon State University as agreed
to through a memorandum of understanding as special
management and research areas in accordance with the
criteria described in paragraph (2).
(2) Criteria.--In designating land as special
management and research areas under paragraph (1), the
Secretary shall designate--
(A) land that is designated as ``Forestry
Emphasis Areas'' on the map described in
paragraphs (12) and (17) of section 2;
(B) land, to the maximum extent practicable,
contiguous to other land designated under
paragraph (1);
(C) land within close proximity of other land
designated under paragraph (1);
(D) land located within 150 miles of the main
campus of Oregon State University in Corvallis,
Oregon; and
(E) land selected in consultation with Oregon
State University.
(3) Authorized projects.--Land designated under
paragraph (1) shall be used by institutions of higher
education, primarily in the State of Oregon, for the
conduct of research projects and demonstration projects
that address--
(A) increasing social awareness and knowledge
of the environmental, social, and economic
impacts on the implementation of ecological
forestry on public land;
(B) improving the health of rural communities
and citizens;
(C) reducing uncharacteristic fires and the
degradation of ecosystem health;
(D) increasing conservation with a landscape
approach;
(E) relative to the retention requirements at
variable retention harvest, half of the Moist
Forestry Emphasis Area will be managed under
section 8(b)(4)(E) and half will be managed as
under section 8(b)(2)(C); and
(F) understanding and conducting research on
riparian reserve approaches.
(4) Monitoring.--Work performed on land designated
under paragraph (1) shall include pre- and post-
treatment monitoring on the land.
(5) Institutions of higher education.--At least 10
percent of the authorized projects conducted annually
under this subsection shall be conducted by an
institution of higher education other than Oregon State
University.
(6) Minimum acreage.--
(A) In general.--At least 3,750 acres of the
land designated under paragraph (1) shall be
treated during each 5-year period.
(B) Failure to treat.--If the minimum acreage
under subparagraph (A) is not treated for two
5-year periods during a 20-year period,
management of the land designated under
paragraph (1) shall revert to management by the
Secretary.
(7) Review.--The Secretary shall--
(A) review and decide whether to permit each
proposed treatment to be conducted as part of
an authorized project under this subsection;
and
(B) review for adequacy the documentation
required to be prepared for each treatment.
(8) Calculation.--The Secretary shall estimate--
(A) the quantity of timber that can be
produced in the sustained yield base from the
Moist Forestry Emphasis Area, not including
riparian reserves established under section 4,
late successional old-growth forest reserves
and other reserves, and
(B) the quantity of timber-as-a-by-product
from the Moist Forestry Emphasis Area,
including riparian reserves established under
section 4, and the portions of the Dry Forest
Emphasis Area covered by this section.
(n) Transition.--
(1) In general.--During the period beginning on the
date of enactment of the Oregon and California Land
Grant Act of 2014 and ending 90 days after the date on
which the record of decision is completed under section
6, a transition period shall be in effect in accordance
with this section.
(2) Management.--
(A) Existing contracts.--Any timber sale or
agreement to perform work on covered land that
was entered into by the Secretary before the
date of enactment of the Oregon and California
Land Grant Act of 2014 shall remain binding and
effective according to the terms of the
contract.
(B) Pending timber sales.--Timber sales for
which review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been completed or will be completed not later
than 90 days following the date of enactment of
the Oregon and California Land Grant Act of
2014 shall continue as planned.
(C) Interim projects.--The Secretary may
conduct vegetation management projects on the
covered land during the transition period on
the conditions that the vegetation management
projects--
(i) comply with the designations and
requirements of this Act; and
(ii) are reviewed pursuant to the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), outside
of the process described in section 7.
(D) Administration.--The Secretary shall seek
to make such accommodations as are necessary to
avoid interfering with the performance of a
timber sale or work agreement described in
paragraph (1) or (2).
(3) Special administrative review process.--The
procedures established under section 105 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6515) shall
be the only process to administratively challenge
projects during the transition period.
SEC. 4. AQUATIC AND RIPARIAN PROTECTION.
(a) Aquatic Conservation Strategy.--
(1) In general.--The Secretary shall carry out the
Aquatic Conservation Strategy incorporated in its
entirety by reference for covered lands, as set forth
in the Northwest Forest Plan 1994 Record of Decision
for Amendments to Forest Service and Bureau of Land
Management Planning Documents Within the Range of the
Northern Spotted Owl, (hereinafter ``NWFP'' and its
Standards and Guidelines in Attachment A to the 1994
Record of Decision (hereinafter referred to as
``Aquatic Conservation Strategy''), and as modified
herein.
(2) Program components modified.--In addition to
those program components contained in the Aquatic
Conservation Strategy of the NWFP, the aquatic
conservation strategy under paragraph (1) shall also
incorporate provisions for watershed analysis in
accordance with subparagraph (2)(A), and riparian
reserve establishment and management within the Moist
Forestry Emphasis Area or Dry Forestry Emphasis Area
but that are not within Source Water Emphasis Areas or
within Key Watersheds designated in the Aquatic
Conservation Strategy, in accordance with paragraph
(3).
(A) Watershed analysis.--
(i) The Secretary shall develop
appropriate management actions for a
watershed, including adjustment of
riparian reserve widths under
subsection (b)(3)(A)(ii); and
(ii) within 90 days and via a
contractor if necessary, determine the
ecological importance of riparian
reserves in the covered area as
necessary under paragraph (5) using the
following criteria:
(I) the importance of the
streams to salmon and other
native aquatic species;
(II) the potential impacts of
thermal loading;
(III) the presence of areas
of high erosion potential; and
(IV) the potential for the
delivery and deposition of
sediment and wood from upslope
sources.
(B) Vegetation management.--Vegetative
management projects undertaken in riparian
reserves or vegetative management projects or
harvest undertaken in the outer riparian zone
shall not cut or harvest trees in the 90-year-
age class or above.
(3) Establishment and activities within one site-
potential tree height of streams within forest emphasis
areas as variations on section 4(a).--
(A) Riparian reserve.--
(i) In general.--The Secretary shall
establish within Forestry Emphasis
Areas described in subparagraph 2(A)
riparian reserves in accordance with
clause (ii).
(ii) Widths.--The widths of a
riparian reserve established under
clause (i) shall be as follows:
(I) 1 site-potential tree or
150-feet slope distance,
whichever is greater, from a
fish-bearing stream of great
ecological importance, as
determined by the Secretary.
(II) 1 site-potential tree or
150-feet slope distance,
whichever is greater, from a
nonfish-bearing stream of great
ecological importance, as
determined by the Secretary.
(III) 100-feet slope distance
from a fish-bearing stream that
is not a stream described in
subclauses (I) and (II).
(IV) 50-feet slope distance
from a nonfish-bearing stream
that is not a stream described
in subclauses (I) and (II).
(iii) Forest management activities.--
The ecological forestry practices
established in Sections 8 and 9 of this
Act shall apply the riparian reserves
established in clause (ii) and the
riparian management of section 4 of
this Act.
(B) Outer riparian zones.--
(i) Establishment and management of
the outer riparian zone.--
(I) In general.--The outer
riparian zone is the area
between the riparian reserve
established in clause (A)(ii)
and one site-potential tree
height.
(II) Management.--The
Secretary may carry out harvest
in areas in the outer riparian
zones using the standards for
ecological forestry in Forestry
Emphasis Areas subject to
Section 4(a)(3)(D) and other
relevant provisions of this
Act.
(C) Tree tipping and tree felling
activities.--When harvesting timber within the
outer riparian zone, the Secretary shall employ
tree tipping and tree felling activities during
the harvest to maintain wood recruitment to
adjacent streams.
(D) Tree retention levels in aquatic areas.--
Not later than 60 days after the date of
enactment of the Oregon and California Land
Grant Act of 2014, the Secretary, in
consultation with the Director of the United
States Fish and Wildlife Service, the
Administrator of the National Oceanic and
Atmospheric Administration, the Director of the
United States Geological Survey and the
Administrator of the Environmental Protection
Agency, shall establish minimum live and dead
tree retention levels for thinning and other
vegetation management projects consistent with
the goals identified in paragraph (a)(1).
(4) Management activities for conservation area
riparian reserves, key watersheds & source water
emphasis areas.--Riparian reserves and reserve widths
within the Conservation Emphasis Areas, source water
emphasis areas, and Key Watersheds shall be managed to
carry out the Aquatic Conservation Strategy as set
forth in paragraph (a)(1) without modifications set
forth in paragraph (a)(2).
(5) Adjustment of riparian reserve widths and
management.--
(A) In general.--Not earlier than 5 years
after the date of enactment of the Oregon and
California Land Grant Act of 2014, and not more
frequently than once each 5 years thereafter,
the Secretary may adjust the riparian reserve
widths established under paragraph (1), as well
as the size of designated key watersheds,
subject to the advice of the scientific
committee established under subparagraph (B).
(B) Scientific committee.--
(i) Establishment.--The Secretary
shall establish a scientific committee
made up of scientific and land
management expertise to determine
whether the riparian reserve widths and
management should be adjusted to better
attain the goals and objectives of the
Aquatic Conservation Strategy.
(ii) Outside Membership.--In addition
to 5 representatives of the Federal
Government (including 1 representative
of each of the Bureau of Land
Management, the National Oceanic and
Atmospheric Administration, the United
States Geological Survey, the
Environmental Protection Agency and the
United States Fish and Wildlife
Service), the scientific committee
shall include 5 individuals, to be
appointed by the Secretary, who--
(I) are not full-time
employees of the Federal
Government; and
(II) have expertise relating
to aquatic and riparian
ecosystems, as demonstrated
by--
(aa) an advanced
degree in a related
field; and
(bb) subsequent
relevant work
experience.
(iii) Duties.--The scientific
committee shall make recommendations
regarding whether the riparian reserve
widths and management should be
adjusted on individual bodies of water,
and submit said recommendations to the
Secretary in a report, taking into
consideration--
(I) the criteria listed in
Section 4(a)(2)(B)(ii);
(II) additional criteria
deemed appropriate;
(III) new scientific
information and understanding;
and
(IV) the need to manage
covered lands per section 3(b).
(iv) Public Review & Comment.--On
receipt of the report under clause
(iii), the Secretary shall--
(I) make the report available
to the public; and
(II) provide a period of not
less than 60 days for public
comment regarding the
recommendations contained in
the report.
(v) Decision to Adjust.--After taking
into consideration the report under
clause (iii) and any public comments
received under clause (iv)(II), the
Secretary may adjust the riparian
reserve width--
(I) taking into consideration
the recommendations included in
the report; and the public
comments and
(II) if the Secretary
determines that the adjustment
meets the aquatic goals
established in the Aquatic
Conservation Strategy under
paragraph (a)(1) and would be
in the public interest.
(b) Roads.--
(1) In general.--Except as provided in paragraph (2),
the Secretary shall not construct a road inside a
riparian reserve.
(2) Exceptions.--
(A) Temporary roads.--The Secretary may
construct a temporary road to enter a riparian
reserve, including crossing a stream where
necessary, to complete a vegetation management
project, if--
(i) there is no existing road system
that can be used;
(ii) it is not possible to construct
an ample road outside of the riparian
reserve;
(iii) the temporary road is
decommissioned no more than 2 years
after it is constructed; and
(iv) any significant potential
adverse impacts from the construction
of any temporary road do not persist
more than 1 year after the temporary
road is decommissioned.
(B) Permanent roads.--The Secretary may
realign an existing road permanently inside a
riparian reserve, including the replacement of
stream crossings, if the Secretary determines
that the realignment will maintain, restore, or
improve aquatic or riparian ecosystems and
water quality.
(c) Stream Improvement Work.--
(1) In general.--The Secretary may conduct certain
activities on the covered land in accordance with this
subsection.
(2) Permitted activities.--
(A) Tree tipping and felling activities.--
During a vegetation management project, the
Secretary may carry out tree tipping and tree
felling activities within the riparian reserves
in Dry Forestry Emphasis Areas or Moist
Forestry Emphasis Areas as the Secretary
determines necessary to improve habitat for
aquatic species.
(B) Woody debris augmentation.--The Secretary
shall annually, subject to appropriations, use
not less than $1,000,000 indexed for inflation,
of amounts made available under subsection
12(c) to transport and place large trees in
streams on Federal, State, or private land to
improve fish habitat.
(C) Native vegetation.--Within riparian
reserves, the Secretary may only plant
vegetation that is native to the site.
(D) Culvert replacement.--The Secretary may
replace a culvert that impedes the passage of
fish or is unable to withstand a 100-year flood
event.
(3) Activities categorically excluded from review.--
Except as provided in paragraph (4), each activity
described in paragraph (2) shall be--
(A) considered an action categorically
excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or section 1508.4 of title 40,
Code of Federal Regulations (or a successor
regulation); and
(B) exempt from administrative review.
(4) Exclusion of certain areas.--Paragraph (3) does
not apply to any activity located in--
(A) a component of the National Wilderness
Preservation System;
(B) a component of the National Wild and
Scenic Rivers System;
(C) lands with wilderness characteristics as
defined in the Bureau of Land Management Manual
provisions 6310 and 6320; or
(D) a Conservation Emphasis Area established
by section 10 if the activity would be
inconsistent with the purposes and values for
which the area was established.
SEC. 5. NOTICE OF INTENT.
(a) In General.--Not later than 30 days after the date of
enactment of the Oregon and California Land Grant Act of 2014,
and every 5 years thereafter the Secretary shall publish in the
Federal Register a notice of intent to prepare--
(1) the landscape prioritization plan; and
(2) the draft comprehensive environmental impact
statements required under section 6(g)(2).
(b) Public Comment.--During the 45-day period beginning on
the date of publication of the notice of intent under
subsection (a), the Secretary shall solicit public comments
regarding--
(1) the scope and content of the documents described
in subsection (a); and
(2) the impacts that the Secretary should analyze
regarding the alternatives in the draft comprehensive
environmental impact statements described in subsection
(a)(2).
(c) Coordination With Preparation of Land Use Plans.--The
Secretary shall include the notice of intent in the development
or revision of a land use plan required under section 202 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712) for the covered land or shall amend the land use plan
required under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) for the covered land.
(d) Initiation of Early Planning and Consultation
Agreement.--Not later than 30 days after the date on which a
notice of intent is published under subsection (a), the
Secretary of the Interior, the Secretary of Commerce, and the
Administrator of the U.S. Environmental Protection Agency
shall--
(1) enter into an early planning and consultation
agreement, including timelines, regarding the
development of information, data and/or documents
required to carry out this Act with--
(A) the United States Fish and Wildlife
Service;
(B) the National Oceanic and Atmospheric
Administration;
(C) the Environmental Protection Agency; and
(D) the U.S. Geological Survey; and
(2) invite to serve as cooperating agencies or to
provide comments regarding the notice of intent--
(A) the State of Oregon;
(B) federally recognized Indian tribes with
ancestral land or officially ceded lands in the
covered land; and
(C) affected units of local government.
SEC. 6. LANDSCAPE PRIORITIZATION PLANS.
(a) In General.--Not later than 270 days after the date of
enactment of the Oregon and California Land Grant Act of 2014,
and every 5 years thereafter the Secretary, shall develop and
make available to the public a landscape prioritization plan,
which shall prioritize vegetation management projects and
describe activities to be performed and areas to be established
to satisfy landscape-related needs in the covered land.
(1) as a part of the development or revision of a
land use plan required under section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712)
for the covered land; and
(2) implement the landscape prioritization plan
required in this section through the comprehensive
environmental impact statements regardless of whether a
revision of that land use plan has been completed.
(b) Coordination.--The Secretary shall develop the
landscape prioritization plan under this section under the
agreement entered into under Sec. 5(d) in coordination with the
Director of the United States Fish and Wildlife Service and the
Administrator of the National Oceanic and Atmospheric
Administration to ensure that the landscape prioritization plan
complies with the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) and in coordination with the State of Oregon to
ensure compliance with water quality standards adopted under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(c) Components.--
(1) Projects in moist forestry emphasis area.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall identify the locations of
the vegetation management projects that the
Secretary proposes to conduct in the Moist
Forestry Emphasis Area for the length of each
Landscape Prioritization Plan.
(B) Requirements.--
(i) In general.--For each consecutive
5-year period during the period
described in subparagraph (A), the
Secretary shall plan to conduct--
(I) variable retention
harvest consistent with this
Act across stands that comprise
4 to 6 percent of the Moist
Forestry Emphasis Area, subject
to clause (ii); and
(II) thinning activities
consistent with this Act across
stands in Moist Forest Emphasis
Area
(ii) Vegetation management
projects.--The locations of the
proposed vegetation management projects
under subclause (i)(I) shall be
distributed across the Bureau of Land
Management districts, to the maximum
extent practicable.
(2) Projects in dry forestry emphasis area.--The
Secretary shall identify the locations of the
vegetation management projects the Secretary proposes
to conduct in the Dry Forestry Emphasis Area for each
consecutive length of the Landscape Prioritization Plan
beginning on the date of enactment of the Oregon and
California Land Grant Act of 2014.
(3) Projects in conservation emphasis area.--The
Secretary shall identify the locations of vegetation
management projects, including habitat protection or
restoration projects, the Secretary proposes to conduct
in the Conservation Emphasis Area consistent with
section 10 for the length of each Landscape
Prioritization Plan beginning on the date of enactment
of the Oregon and California Land Grant Act of 2014.
(4) Specific information for projects.--
(A) In general.--For each vegetation
management project proposed by the Secretary,
the Landscape Prioritization Plan shall include
an identification of--
(i) the location of forest stands to
be treated;
(ii) the approximate size and timing
of the treatment in those stands;
(iii) the specific vegetation
treatment recommended for each forest
stand; and
(iv) the goals and objectives for any
habitat protection or restoration
projects.
(B) Onsite reviews.--In addition to
identifying forest stands under subparagraph
(A), the Secretary shall conduct onsite reviews
to verify, at a minimum--
(i) riparian and aquatic parameters
and assessments;
(ii) any streams or aquatic resources
within the specific stands;
(iii) water quality;
(iv) the presence of sensitive or
special status species and habitats;
(v) road conditions and information;
and
(vi) forest stand boundaries.
(d) Public Comment.--The Secretary shall solicit public
comments regarding the landscape prioritization plan for a
period of not less than 60 days after the date on which the
Secretary makes the landscape prioritization plan available to
the public.
(e) Revised Plan.--The Secretary shall revise the Landscape
Prioritization Plan as the Secretary considers to be necessary,
based on public comments received under subsection (d).
(f) Monitoring and Long-Term Evaluation.--
(1) In general.--Each Landscape Prioritization Plan
implementation shall be monitored annually, and
evaluated every five years as a part of the development
or revision of a resource management plan required
under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) for the covered
land, with opportunity for public comment prior to
finalizing the monitoring assessments.
(2) Components of the monitoring assessment.--In
preparing the monitoring assessment, the Secretary
shall include assessments and reports on--
(A) changes in the volume and quality of
timber sold;
(B) changes in water quality;
(C) changes in recreation;
(D) the effectiveness of fish and wildlife
protections;
(E) the effectiveness of measures to prevent
uncharacteristic wildfire; and
(F) changes in forest health and fish and
wildlife habitat.
(3) Components of landscape prioritization plan to be
monitored and evaluated.--Each Landscape Prioritization
Plan shall include for monitoring and evaluation a
description of the Moist Forest Emphasis Areas and Dry
Forest Emphasis Areas--
(A) for Moist Forestry Emphasis Areas--
(i) landscape-level plans depicting
areas of the moist forest landscape
that would result in a distribution of
variable retention regeneration
harvests to ensure the desired
placement and the appropriate scale of
vegetation management projects; and
(ii) areas that will accelerate the
development of complex forest
structure, including opportunities to
create spatial heterogeneity (such as
creating skips and gaps), in a young
stand that has a canopy that has closed
and been simplified through past forest
management;
(B) for Dry Forestry Emphasis Areas--
(i) a landscape-level plan depicting
areas of dry forest landscape that will
be left over the length of the
Landscape Prioritization Plan in a
denser condition, beginning on the date
of enactment of the Oregon and
California Land Grant Act of 2014; and
(ii) areas that will minimize and
reduce the risk of uncharacteristic
fire and insect events, and improve
fire resiliency particularly if
critical components and values are at
risk, including--
(I) communities in the
wildland-urban interface (as
defined in section 101 of the
Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6511)); and
(II) valuable forest
structures, such as legacy
trees and oak savannas that are
in need of restoration or in
danger from a potential fire
risk;
(C) for Conservation Emphasis Areas the
Secretary shall describe and evaluate the
landscape-level plan depicting areas of the
Conservation Emphasis Areas that will be left
in a more natural condition over the length of
the Landscape Prioritization Plan beginning on
the date of enactment of the Oregon and
California Land Grant Act of 2014;
(g) Annual Monitoring.--The Secretary shall annually use
not less than $1,000,000, adjusted for inflation, of the
amounts made available under subsection 13(c) to monitor short-
term and long-term changes in forest health, water quality, and
fish and wildlife habitat.
(h) Environmental Compliance.--
(1) In general.--The Secretary shall implement the
Landscape Prioritization Plan, including priorities and
vegetation management projects identified in a
landscape prioritization plan under section 6(a), in
accordance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and the requirements
of this section.
(2) Draft comprehensive environmental impact
statements.--Not later than 18 months after the date of
enactment of the Oregon and California Land Grant Act
of 2014, and every 5 years thereafter the Secretary
shall publish notice in the Federal Register of the
availability for public review of 2 draft comprehensive
environmental impact statements for the vegetation
management projects proposed to be carried out during
the 5-year period, of which--
(A) One shall cover the Moist Forestry
Emphasis Area and, of the Conservation Emphasis
Areas designated under section 10--
(i) the Conservation Network that is
predominantly moist forest;
(ii) the Late Successional Old-Growth
Forest Heritage Reserves;
(iii) the Drinking Water Special
Management Units;
(iv) the Molalla National Recreation
Area;
(v) the Crabtree Valley Primitive
Backcountry Area;
(vi) the Brummit Fir Primitive
Backcountry Area;
(vii) the Kilchis Wild Salmon Refuge
Area; and
(viii) the Protected Environmental
Zones that are predominantly moist
forest; and
(B) one shall cover the Dry Forestry Emphasis
Area and, of the Conservation Emphasis Areas
designated under section 10--
(i) the Conservation Network that is
predominantly dry forest;
(ii) the Rogue Canyon National
Recreation Area;
(iii) the Illinois Valley Salmon and
Botanical Area;
(iv) the Grizzly Peak Primitive
Backcountry Area;
(v) the Dakubetede Primitive
Backcountry Area;
(vi) the Wellington Wildlands
Primitive Backcountry Area;
(vii) the Mungers Butte Primitive
Backcountry Area;
(viii) the Pacific Crest Trail
Corridor and
(ix) the Applegate Primitive
Backcountry Area; and
(x) the Protected Environment Zones
that are predominantly dry forest.
(3) Alternatives.--Each draft comprehensive
environmental impact statement under this subsection
shall analyze different locations for the relevant
vegetation management projects under--
(A) the no-action alternative; and
(B) three other alternatives that are
consistent with this Act.
(4) Interagency coordination and cooperation.--
Coordination and cooperation.--The Secretary shall
require the Directors of the U.S. Bureau of Land
Management and the U.S. Fish and Wildlife Service to
coordinate and cooperate between their agencies, and
shall coordinate and cooperate with the Secretary of
Commerce in developing each draft comprehensive impact
statement under this subsection to ensure compliance
with the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
(5) Public comment.--The Secretary shall solicit
public comment regarding the draft comprehensive
environmental impact statements under subsection (b)
during the 60-day period beginning on the date on which
the Secretary makes the draft comprehensive
environmental impact statements available to the
public.
(6) Final comprehensive environmental impact
statements.--Not later than 27 months after the date of
enactment of the Oregon and California Land Grant Act
of 2014, and 9 months after publication of subsequent
draft comprehensive environmental impact statements the
Secretary--
(A) shall prepare 2 final comprehensive
environmental impact statements for the
vegetation management projects that have been
identified in the draft comprehensive
environmental impact statements in paragraph
(2);
(B) shall publish in the Federal Register a
notice of availability for public review of the
final comprehensive environmental impact
statements; and
(C) may publish the final comprehensive
environmental impact statements in conjunction
with the environmental impact assessments
relating to the land use plan developed by the
Bureau of Land Management for the covered land.
(7) Records of decision.--Except as provided in
Section 7(a), not later than 60 days after the date on
which a notice of availability of the final
comprehensive environmental impact statements is
published in the Federal Register, the Secretary shall
issue a record of decision relating to the vegetation
management projects analyzed in the final comprehensive
environmental impact statements.
SEC. 7. OBJECTIONS; O&C ADMINISTRATIVE REVIEW PROCESS; JUDICIAL REVIEW.
(a) O&C Administrative Review Process.--
(1) In general.--During the 60-day period described
in section 6(h)(7), an eligible person may file an
objection to the final comprehensive environmental
impact statement, or during the first 15 days of the
90-day period described in section 7(b) an eligible
person may protest a proposed vegetation management
project. This objection or protest must be used in lieu
of any other appeal that may be available. A protest
will be considered and treated as an objection in this
subsection.
(2) Eligibility.--To be eligible to file an objection
to the final environmental impact statement or a
protest for a proposed vegetation management project
under paragraph (1), a person shall have submitted to
the Secretary during the 60-day period described in
section 6(h)(5) written comments that describe the
objections to the action proposed under the final
comprehensive environmental impact statement.
(3) Eligible project level objections.--An objection
to an individual vegetation management project may only
be filed under paragraph (1) if the objector can show--
(A)(i) a proposed activity under the
vegetation management project is inconsistent
with a record of decision; and
(ii) the likely impacts of that activity are
inconsistent with the impacts analyzed in the
final comprehensive environmental impact
statement;
(B) the vegetation management project
violates the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.);
or
(C)(i) in the circumstance of new
information, changed circumstances, or changed
conditions on a particular project that may
result in significant negative environmental
impacts that were not encompassed in the
analysis in the applicable final comprehensive
environmental impact statement; and
(ii) those circumstances were not considered
in the final comprehensive environmental impact
statement.
(4) Response.--The Secretary shall respond in writing
to an objection filed under paragraph (1) not later
than 30 days after the date on which the objection is
filed.
(5) Supplement.--In response to an objection filed
under paragraph (1), the Secretary may supplement the
final comprehensive environmental impact statement or
the draft Record of Decision to reflect the objection.
(6) Timing of record of decision.--If a person files
an objection under section 7(a)(1) relating to a final
comprehensive environmental impact statement, the
Secretary shall publish a record of decision for that
final comprehensive environmental impact statement--
(A) immediately after the Secretary responds
to the objection; or
(B) as soon as practicable after the date on
which the Secretary supplements the final
comprehensive environmental impact statement to
reflect that objection under section 7(a)(4).
(b) Delay of Implementation.--The Secretary shall not offer
for a bid or implementation a vegetation management project
pending the disposition of the objection. Not less than 90 days
prior to actual commencement of the project, notice of a bid or
implementation shall be published in the Federal Register and
mailed electronically to each person that submitted comments on
a comprehensive environmental impact statement and requested a
reply.
(c) Judicial Review.--
(1) In general.--A person may only challenge a
covered agency action in a United States district court
by bringing a covered civil action.
(2) Venue.--Venue for any covered civil action shall
lie in the United States District Court for the
District of Oregon or the United States District Court
for the District of Columbia.
(3) Additional standing requirements for nepa.--A
person shall only have standing to bring a covered
civil action under paragraph (1) for claims under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), if that person filed an objection under
subsection (a)(1).
(4) Eligibility.--A reviewing court under this
subsection shall not consider any issue in a covered
civil action unless the issue has previously been
raised, in the discretion of the court, in writing in
the administrative review process described in section
7(a) or through other judicial notice provisions
required by Federal law.
(5) Limitation of actions.--A covered civil action
shall not be maintained unless the covered civil action
commenced not later than 75 days after the date on
which the covered agency action to which the covered
civil action relates is final.
(6) Expedited proceedings.--
(A) In general.--Congress expects that
judicial review of covered actions will be
based on review of the administrative record
prepared by the Secretary.
(B) Disposition.--The disposition of the
complaint, by summary judgment or any other
mechanism, shall commence not later than 190
days after the date on which the covered civil
action is commenced.
(C) Expeditious completion of judicial
review.--Congress encourages a court of
competent jurisdiction to expedite, to the
maximum extent practicable, the proceedings in
a covered civil action with the goal of
rendering a final determination on the merits
of the covered civil action as soon as
practicable after the date on which a complaint
or appeal is filed to initiate the action.
(7) Applicability.--Except as otherwise provided in
this section, judicial review of a covered agency
action shall be conducted in accordance with subchapter
II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative
Procedure Act'').
SEC. 8. MOIST FORESTRY EMPHASIS AREA.
(a) In General.--
(1) Conformity with principle of sustained yield.--
Timber from the Moist Forestry Emphasis Area shall be
sold, cut, and removed in conformity with the principle
of sustained yield as defined by the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and in accordance with the provisions of this
Act.
(2) Production levels.--The Secretary shall maintain
the highest consistent timber production levels that
can be sustained under ecological forestry principles
and other provisions described in this Act.
(3) Calculation.--
(A) In general.--The Secretary shall
calculate--
(i) the sustained yield and identify
the quantity of timber the Secretary
can produce as part of the draft
comprehensive environmental impact
statement required under this Act for
the Moist Forestry Emphasis Area, not
including riparian reserves established
under section 4; and
(ii) the quantity of timber as a by-
product the Secretary can produce, as
part of the Moist Forestry Emphasis
Area, including riparian reserves
established under section 4, and the
portions of the Conservation Emphasis
Area, as described in the draft
comprehensive environmental impact
statement under section 6(h)(2).
(B) Requirements.--The Secretary shall--
(i) calculate the quantities under
clauses (i) and (ii) of subparagraph
(A) in 5-year increments; and
(ii) in calculating that quantity,
classify the volume of timber that
could be offered from the various areas
defined in subparagraph (A).
(b) Management of Moist Forestry Emphasis Area.--
(1) In general.--Moist Forestry Emphasis Areas shall
be managed in accordance with the principles of
ecological forestry.
(2) Ecological forestry principles for moist forestry
emphasis areas.--The ecological forestry principles
referred to in paragraph (1) relate to variable
retention regeneration harvests and include--
(A) the retention of legacy trees;
(B) the acceleration of the development of
structural complexity, including spatial
heterogeneity, through the use of diverse
silvicultural approaches, such as variable
density and clump-based thinning prescriptions;
(C) the implementation of variable retention
regeneration harvesting activities that retain
approximately \1/3\ of the live basal area of
the forest within the harvest area, primarily
but not exclusively in aggregates, provided
that non-fish bearing stream riparian reserves
within the harvest unit count towards
retention, but other reserves, including
riparian reserves on fish bearing streams, do
not count;
(D) the development and maintenance of early
seral ecosystems with diverse species following
harvesting activities through the use of less
intense approaches to site preparation and tree
regeneration and nurturing of diverse early
seral ecosystems; and
(E) the long-term establishment of a
silvicultural system that includes the
development and management of multiaged, mixed-
species stands.
(3) Variable retention regeneration harvest.--
(A) In general.--The Secretary shall
designate not less than 4 percent and not
greater than 6 percent of the moist forests
described in paragraph (1) as land on which the
Secretary shall carry out during each 5 year
period variable retention regeneration
harvesting activities, consistent with--
(i) this section and other provisions
of this Act;
(ii) the Endangered Species Act (16
U.S.C. 1531 et seq.); and
(iii) the environmental impact
statement required under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) as described in
section 6.
(4) Northwest forest plan application.--The Secretary
shall identify 50,000 acres of Moist Forest Emphasis
Area that--
(A) have been previously subject to forest
management;
(B) whose trees are in the 80 year age class
or younger;
(C) are not within one site-potential tree
height of any stream, or within a source water
emphasis area or a key watershed under the
NWFP;
(D) are not within critical habitat; and
(E) apply the implementation of variable
retention regeneration harvesting activities
that retain approximately \1/4\ of the live
basal area of the forest within the harvest
area, provided that non-fish bearing stream
riparian reserves within the harvest unit count
towards retention, but other reserves,
including riparian reserves on fish bearing
streams, do not. In total, not less than 15
percent of the live basal area in the stand,
excluding all reserves, must be retained.
(c) Roads.--
(1) In general.--The Secretary shall not increase the
total quantity of mileage of permanent, system and non-
system roads that are operational in the Moist Forestry
Emphasis Area to a quantity greater than the quantity
of mileage in existence on the date of enactment of the
Oregon and California Land Grant Act of 2014, excluding
roads constructed pursuant to reciprocal rights of way
agreements, easement obligations or other access rights
of non-Federal parties in effect as of enactment of the
Oregon and California Land Grant Act of 2014, subject
to the rights of the owner of adjacent private land as
set forth in sections 3(e) and 3(j) of this Act.
(2) System roads.--The Secretary--
(A) may construct new system roads outside of
the riparian reserves to carry out a vegetation
management project under this Act; and
(B) subject to the availability of
appropriations and to the maximum extent
practicable, shall reduce the quantity of
mileage of system roads by decommissioning
roads, subject to the rights of the owner of
adjacent private land as set forth in sections
3(e) and 3(j) of this Act, provided that
decommissioning shall be done with an adjacent
private landowner if--
(i) the adjacent private landowner is
a party to a reciprocal right-of-way
agreement covering an area which
includes the road in question; or
(ii) the decommissioning would remove
or increase the cost of vehicular
access to the adjacent private lands.
(3) Non-system roads.--Subject to the availability of
appropriations, the Secretary shall annually reduce the
total quantity of mileage of nonsystem roads.
(4) Temporary roads.--If the Secretary constructs a
temporary road as part of a vegetation management
project, the Secretary shall close and decommission the
temporary road not later than the earlier of--
(A) the date that is 2 years after the date
on which the activity for which the temporary
road was constructed is completed; and
(B) the date that is 1 year after the date on
which the vegetation management project is
completed.
SEC. 9. DRY FORESTRY EMPHASIS AREA.
(a) In General.--
(1) The Secretary shall manage the Dry Forestry
Emphasis Area to increase the resiliency of the stands
by reducing the risk from uncharacteristic wildfires,
droughts, and insect or disease events while
maintaining consistent timber production levels that
can be sustained under ecological forestry principles
and other provisions described in this Act.
(2) Conformity with principle of sustained yield.--
Timber from the Dry Forestry Emphasis Area shall be
sold, cut, and removed in conformity with the principle
of sustained yield as defined by the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and in accordance with the provisions of this
Act.
(3) Production levels.--The Secretary shall maintain
the highest consistent timber production levels that
can be sustained under ecological forestry principles
and other provisions described in this Act.
(4) Calculation.--
(A) In general.--The Secretary shall
calculate--
(i) the sustained yield and identify
the quantity of timber the Secretary
can produce as part of the draft
comprehensive environmental impact
statement required under this Act for
the Dry Forestry Emphasis Area, not
including riparian reserves established
under section 4; and
(ii) the quantity of timber as a by-
product the Secretary can produce, as
part of the Dry Forestry Emphasis Area,
including riparian reserves established
under section 4, and the portions of
the Conservation Emphasis Area, as
described in the draft comprehensive
environmental impact statement under
section 6.
(b) Requirements.--The Secretary shall maintain, restore,
or improve conditions of tree density, tree composition, and
tree size distribution that will result in a stand with a high
level of resistance and resilience to uncharacteristic
wildfires, droughts, and insect events.
(c) Priority.--In carrying out vegetation management
projects, the Secretary shall give priority to areas that
contain important components, including--
(1) communities in the wildland-urban interface (as
defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)); and
(2) valuable forest structures, such as legacy trees
and oak savannas that are in need of restoration or are
in danger from uncharacteristic fire.
(d) Management of Dry Forestry Emphasis Areas.--
(1) In general.--Dry Forestry Emphasis Areas shall be
managed in accordance with ecological forestry
principles described in paragraph (2).
(2) Ecological forestry principles in dry forests.--
The ecological forestry principles referred to in
paragraph (1) include--
(A) the retention and improvement of the
survivability of legacy trees through the
reduction of adjacent fuels and competing
vegetation to promote resilience against
mortality from insects, disease, and fire;
(B) the retention and protection of important
structures such as large hardwoods, snags, and
logs;
(C) the reduction of overall stand densities
through partial cutting in an effort--
(i) to reduce basal areas to desired
levels, particularly in overstocked
stands;
(ii) to increase the mean stand
diameter; and
(iii) to shift the composition of
stands to fire- and drought-tolerant
species;
(D) the restoration of spatial heterogeneity
through the variation of the treatment of
stands, such as by leaving untreated patches,
creating openings, and establishing tree clumps
and isolated single trees;
(E) the establishment of new tree cohorts of
shade-intolerant species in created openings;
(F) the harvesting of timber during the
restoration process;
(G) the maintenance of sustainable and fire-
resilient conditions in perpetuity through both
passive and active management of the dry
forests in accordance with this subsection,
including the treatment of activity fuels and
other surface and ladder fuels and understory
vegetation using prescribed fire, natural fire
or mechanical activities; and
(H) the retention of a basal area after a
partial cut that is not less than 35 percent of
the initial basal area of the sale.
(e) Roads.--
(1) In general.--The Secretary shall not increase the
total quantity of mileage of system roads that are
operational in the Dry Forestry Emphasis Area to a
quantity greater than the quantity of mileage in
existence on the date of enactment of the Oregon and
California Land Grant Act of 2014, excluding roads
constructed pursuant to reciprocal rights of way
agreements, easement obligations or other access rights
of non-Federal parties in effect as of enactment of the
Oregon and California Land Grant Act of 2014, subject
to the rights of the owner of adjacent private land as
set forth in sections 3(e) and 3(j) of this Act.
(2) System roads.--The Secretary--
(A) may construct new system roads to carry
out a vegetation management project; and
(B) subject to the availability of
appropriations, shall decommission or place
into storage all system roads that the
Secretary has not planned to use in the next 5
years for vegetation management projects or
administrative purposes, subject to the rights
of the owner of adjacent private land as set
forth in sections 3(e) and 3(j) of this Act,
provided that decommissioning shall be done
with an adjacent private landowner if--
(i) the adjacent private landowner is
a party to a reciprocal right-of-way
agreement covering an area which
includes the road in question; or
(ii) the decommissioning would remove
or increase the cost of vehicular
access to the adjacent private lands.
(3) Nonsystem roads.--Subject to the availability of
appropriations, the Secretary shall annually reduce the
total quantity of mileage of nonsystem roads by
decommissioning.
(4) Temporary roads.--If the Secretary constructs a
temporary road as part of a vegetation management
project, the Secretary shall close and decommission the
temporary road not later than the earlier of--
(A) the date that is 2 years after the date
on which the activity for which the temporary
road was constructed is completed; and
(B) the date that is 1 year after the date on
which the vegetation management project is
completed.
SEC. 10. CONSERVATION EMPHASIS AREAS.
(a) Conservation Networks.--The approximately 690,000 acres
of land managed by the Secretary, as generally depicted as
``Conservation Network'' on the map entitled ``O&C Land Grant
Act of 2014: Conservation Network'' and dated November 3, 2014,
which is designated as the Conservation Network, the purpose of
which is to create forest reserves providing ecological
benefits and protect conservation values, including providing
late successional old-growth forest complex habitat, complex
early successional habitat, aquatic and riparian protection,
fish and wildlife benefits, recreational and educational
opportunities and other natural processes needed for the
healthy functioning of the ecosystem, shall be managed in
accordance with subsection (h).
(b) Late Successional Old-Growth Forest Heritage
Reserves.--The approximately 510,000 acres of land managed by
the Secretary, as generally depicted on the map entitled ``O &
C Land Grant Act of 2014: Late Successional Old-Growth Forest
Heritage Reserves'' and dated November 3, 2014, which is
designated as the ``Late Successional Old-Growth Forest
Heritage Reserves'', the purpose of which is to protect and
preserve Moist Forest stands that, as of the date of enactment
of the Oregon and California Land Grant Act of 2014, contain a
90 year or above age class, shall be managed by the Secretary
in a manner that does not allow harvesting of any tree within
the area.
(c) Special Management Units.--
(1) Designation.--For the purposes of ensuring the
protection of the watersheds as a source of clean
drinking water, to safeguard the water quality and
quantity in the areas, and to allow visitors to enjoy
the special scenic, natural, cultural, and fish and
wildlife values of the watersheds, the following areas
in the State of Oregon are designated as special
management units for special management by the
Secretary in accordance with subsection (h) and this
subsection:
(A) Mckenzie drinking water special
management unit.--The approximately 12,042
acres of land managed by the Secretary , as
generally depicted on the map entitled ``O&C
Land Grant Act of 2014: McKenzie Source Water
Emphasis Area'' and dated November 3, 2014,
which is designated as the ``McKenzie Drinking
Water Special Management Unit''.
(B) Hillsboro drinking water special
management unit.--The approximately 1,243 acres
of land managed by the Secretary, as generally
depicted on the map entitled ``O&C Land Grant
Act of 2014: Hillsboro Source Water Emphasis
Area'' and dated November 3, 2014, which is
designated as the ``Hillsboro Drinking Water
Special Management Unit''.
(C) Clackamas drinking water special
management unit.--The approximately 416 acres
of land managed by the Secretary, as generally
depicted on the map entitled ``O&C Land Grant
Act of 2014: Clackamas Source Water Emphasis
Area'' and dated November 3, 2014, which is
designated as the ``Clackamas Drinking Water
Special Management Unit''.
(D) Springfield drinking water special
management unit.--The approximately 3,161 acres
of land managed by the Secretary, as generally
depicted on the map entitled ``O&C Land Grant
Act of 2014: Springfield Source Water Emphasis
Area'' and dated November 3, 2014, which is
designated as the ``Springfield Drinking Water
Special Management Unit''.
(2) Livestock.--The grazing of livestock shall not be
allowed within a special management unit designated by
paragraph (1).
(d) National Recreation Areas.--For the purposes of
protecting, conserving, and enhancing the unique and nationally
important recreational, ecological, scenic, cultural,
watershed, and fish and wildlife values of the areas, the
following areas in the State of Oregon are designated as
recreation areas for management by the Secretary in accordance
with subsection (h):
(1) Rogue canyon national recreation area.--The
approximately 94,700 acres of Bureau of Land Management
land, within the boundary generally depicted on the map
entitled ``O&C Land Grant Act of 2014: Rogue Canyon
National Recreation Area'' and dated November 3, 2014,
which is designated as the ``Rogue Canyon National
Recreation Area''.
(2) Molalla national recreation area.--The
approximately 24,100 acres of Bureau of Land Management
land, within the boundary generally depicted on the map
entitled ``O&C Land Grant Act of 2014: Molalla National
Recreation Area'' and dated November 3, 2014, which is
designated as the ``Molalla National Recreation Area''.
(e) Special Management Areas.--For the purposes of
protecting, preserving and enhancing the natural character,
scientific use, and the botanical, recreational, ecological,
fish and wildlife, scenic, drinking water, or cultural values
of the areas or to preserve opportunities for primitive
recreation, the following areas in the State of Oregon are
designated for special management by the Secretary in
accordance with subsection (h):
(1) Illinois valley salmon and botanical special
management area.--The approximately 15,000 acres of
Bureau of Land Management land, as generally depicted
on the map entitled ``O&C Land Grant Act of 2014:
Illinois Valley Salmon and Botanical Area'' and dated
November 3, 2014, which is designated as the ``Illinois
Valley Salmon and Botanical Special Management Area''.
(2) Kilchis wild salmon refuge area.--The
approximately 9,000 acres of Bureau of Land Management
land, as generally depicted on the map entitled ``O&C
Land Grant Act of 2014: Kilchis Wild Salmon Refuge
Area'' and dated November 3, 2014, which is designated
as the ``Kilchis Wild Salmon Refuge Area''.
(3) Smith river salmon restoration unit.--The purpose
of this restoration unit is to ensure the protection,
maintenance and restoration of the salmonid resources
of these rivers segments. The riparian areas along the
mainstem of the Smith River, from the confluence of
Spencer Creek (Smith River mile 22.8), upstream to
Clabber Creek (Smith River mile 60.5), which flows
through the covered lands and the mainstem of the West
Fork of the Smith River, from the confluence of W. Fork
Smith river with the main stem Smith River (Smith River
mile 34.5) upstream along the West Fork of the Smith
River to the junction of Upper W. Fork Smith River Road
(W. Fork Smith River mile 12.43), which flows through
the covered lands, will be managed to under section
4(a)(1 of this Act without modifications under 4(a)(2).
(4) Grizzly peak primitive backcountry special
management area.--The approximately 2,100 acres of
Bureau of Land Management land, as generally depicted
on the map entitled ``O&C Land Grant Act of 2014:
Grizzly Peak Primitive Backcountry Area'' and dated
November 3, 2014, which is designated as the ``Grizzly
Peak Primitive Backcountry Special Management Area''.
(5) Dakubetede primitive backcountry special
management area.--The approximately 21,200 acres of
Bureau of Land Management land, as generally depicted
on the map entitled ``O&C Land Grant Act of 2014:
Dakubetede Primitive Backcountry Area'' and dated
November 3, 2014, which is designated as the
``Dakubetede Primitive Backcountry Special Management
Area''.
(6) Wellington wildlands primitive backcountry
special management area.--The approximately 5,700 acres
of Bureau of Land Management land, as generally
depicted on the map entitled ``O&C Land Grant Act of
2014: Wellington Wildlands Primitive Backcountry Area''
and dated November 3, 2014, which is designated as the
``Wellington Wildlands Primitive Backcountry Special
Management Area''.
(7) Mungers butte primitive backcountry special
management area.--The approximately 10,200 acres of
Bureau of Land Management land, as generally depicted
on the map entitled ``O&C Land Grant Act of 2014:
Mungers Butte Primitive Backcountry Area'' and dated
November 3, 2014, which is designated as the ``Mungers
Butte Primitive Backcountry Special Management Area''.
(8) Brummit fir primitive backcountry special
management area.--The approximately 2,000 acres of
Bureau of Land Management land, as generally depicted
on the map entitled ``O&C Land Grant Act of 2014:
Brummit Fir Primitive Backcountry Area'' and dated
November 3, 2014, which is designated as the ``Brummit
Fir Primitive Backcountry Special Management Area''.
(9) Crabtree valley primitive backcountry special
management area.--The approximately 2,100 acres of
Bureau of Land Management land, as generally depicted
on the map entitled ``O&C Land Grant Act of 2014:
Crabtree Valley Primitive Backcountry Area'' and dated
November 3, 2014, which is designated as the ``Crabtree
Valley Primitive Backcountry Special Management Area''.
(10) Applegate primitive backcountry special
management area.--The approximately 9,000 acres of
Bureau of Land Management land, as generally depicted
on the map entitled ``O&C Land Grant Act of 2014:
Crabtree Valley Primitive Backcountry Area'' and dated
November 1, 2014, which is designated as the ``Crabtree
Valley Primitive Backcountry Special Management Area''.
(11) Protected environmental zone special management
area.--The approximately 95,767 acres of land
administered by the Secretary, as generally depicted on
the map entitled ``O&C Land Grant Act of 2014: Special
Environmental Zones'' and dated November 3, 2014, which
is designated as the ``Special Environmental Zone
Special Management Area''.
(f) Cascade-Siskiyou National Monument Expansion.--
Subject to valid existing rights, the Secretary shall
administer the approximately 2,050 acres of land
administered by the Director of the Bureau of Land
Management generally depicted on the map entitled ``O&C
Land Grant Act of 2014: Cascade-Siskiyou National
Monument Expansion'' and dated November 3, 2014, as
part of the Cascade-Siskiyou National Monument and
subject to the same proclamation, regulations, rules
and policies that apply to the rest of the national
monument.
(g) Pacific Crest Trail Protection Corridor.--
(1) Establishment.--There is designated in the State
of Oregon a protective corridor for the Pacific Crest
National Scenic Trail, to be known as the `` Pacific
Crest Trail Protection Corridor'', consisting of all
Bureau of Land Management land located within
approximately \1/4\ mile on either side of the Pacific
Crest National Scenic Trail, beginning at the west
boundary of Section 23, T.40.S, R.7.W, W.M. at the
border of the Klamath National Forest in the Siskiyou
Mountains, continuing approximately 45 miles and ending
at the eastern boundary Section 13, T.38.S, R.4.E, W.M
near the southern boundary of the Rogue River National
Forest in the Cascade Range, to be managed by the
Secretary in accordance with subsection (h).
(2) Purposes.--The purposes of the Pacific Crest
Trail Protection Corridor are to protect and enhance
the recreational, scenic, historic, and wildlife values
of the Pacific Crest National Scenic Trail in as
natural and undeveloped a state as practicable.
(3) Forest roads.--Forest roads crossing the Pacific
Crest Trail Protection Corridor or within the Pacific
Crest Trail Protection Corridor shall be limited to
those necessary for the proper use and administration
of adjacent public land, as determined by the Secretary
in applicable management plans.
(h) Administration.--
(1) Maps and legal descriptions.--
(A) In general.--As soon as practicable after
the date of enactment of the Oregon and
California Land Grant Act of 2014, the
Secretary shall a prepare a map and legal
description of each Conservation Emphasis Area.
(B) Effect.--The maps and legal descriptions
prepared under subparagraph (A) shall have the
same force and effect as if included in this
Act, except that the Secretary may correct any
minor errors in the maps and legal
descriptions.
(C) Public availability.--The maps and legal
descriptions prepared under subparagraph (A)
shall be available for public inspection in the
appropriate offices of the Bureau of Land
Management.
(2) Administration.--
(A) Applicable law.--The Secretary shall
administer each Conservation Emphasis Area--
(i) in a manner that furthers the
purposes for which the Conservation
Emphasis Area was established; and
(ii) in accordance with--
(I) this subsection;
(II) the Federal Land Policy
and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(III) any other applicable
Federal laws.
(B) Uses.--The Secretary shall only allow
uses of a Conservation Emphasis Area that are
consistent with the purposes and values for
which the Conservation Emphasis Area is
established.
(C) Withdrawal.--Subject to valid existing
rights, all Federal surface and subsurface land
within a Conservation Emphasis Area is
withdrawn from--
(i) all forms of entry,
appropriation, or disposal under the
public land laws;
(ii) location, entry, and patent
under the mining laws; and
(iii) operation under the mineral
leasing and geothermal leasing laws.
(3) Adjacent management.--Nothing in this section
creates any protective perimeter or buffer zone around
an area designated under this section.
(4) Use of motorized vehicles.--The use of motorized
vehicles within the Conservation Emphasis Areas shall
be limited to roads allowed by the Secretary for such
use, provided that the Secretary may allow off-road
vehicle use in designated portions of the areas
designated by this section if such use is consistent
with the purposes and values for which the area was
designated.
(5) Forest management.--
(A) In general.--Subject to subparagraph (B),
in the Conservation Emphasis Area (other than a
special management area designated by
subsection (e)), the cutting, sale, or removal
of timber may be permitted--
(i) to the extent necessary to
improve forest health in ways that
also--
(I) improve the habitats of
threatened or endangered
species or species considered
sensitive by the Secretary over
the long term after completion
of the vegetation management
project; or
(II) in the case of harvests
in moist forest sites, is
conducted--
(aa) through
variable density and
clump based thinning;
(bb) in a manner
that retains legacy
trees; and
(III) in the case of dry
forests, through partial
cutting in a manner that
retains legacy trees;
(ii) is also in furtherance of the
purposes for which the Conservation
Emphasis Area was established; or
(iii) for de minimis personal or
administrative use within a
Conservation Emphasis Area established
in subsection (a), if the use would not
impact the purposes for which the
Conservation Network was established.
(B) Exceptions.--Notwithstanding subparagraph
(A), forest thinning and vegetation treatments
may be permitted in a special management area
designated by subsection (e), if the purpose of
the treatments is--
(i) to improve forest health in a
case in which the forest is threatened
by uncharacteristic fire, an insect
event, or disease;
(ii) to improve or maintain
recreational facilities and
opportunities; or
(iii) to protect public health or
safety.
(C) Calculation.--The Secretary shall
calculate the quantity of timber that the
Secretary would produce from the Conservation
Emphasis Areas as a by-product of the
conservation management, not including riparian
reserves established under section 4 and Late
Successional Old-Growth Heritage Reserves.
(i) Roads.--
(1) In general.--The Secretary, to the maximum extent
practicable, shall decrease the total mileage of system
roads that are operational in the Conservation Emphasis
Areas to a quantity less than the quantity of mileage
in existence on the date of enactment of the Oregon and
California Land Grant Act of 2014. The Secretary shall
prioritize decreasing the mileage of the road network
in order to reduce impacts to water quality from
sediment delivered to streams by forest roads.
(2) Temporary roads.--If the Secretary constructs a
temporary road as part of a vegetation management
project, the Secretary shall close and decommission the
temporary road not later than the earlier of--
(A) the date that is 2 years after the date
on which the activity for which the temporary
road was constructed is completed; and
(B) the date that is 1 year after the date on
which the vegetation management project is
completed.
(3) No new roads.--The Secretary shall prohibit any
new system or nonsystem road within the Conservation
Emphasis Areas and key watersheds under the NWFP after
the date of enactment of the Oregon and California Land
Grant Act of 2014 except as necessary, where no
practicable alternative exists and subject to the
availability of appropriations. The Secretary shall
also prohibit the construction of any new road in any
roadless area or areas with wilderness characteristics.
(4) Roads in riparian areas.--Requirements in section
4(b) apply to riparian reserves in the Conservation
Emphasis Areas.
SEC. 11. LAND MANAGEMENT RATIONALIZATION.
(a) In General.--The Secretary may exchange Federal land in
the Moist Forestry Emphasis Area or the Dry Forestry Emphasis
Area or the Conservation Emphasis Area or interests in the
Federal land in the Emphasis Areas for adjacent non-Federal
land or interests in the non-Federal land if--
(1) the Federal land does not contain critical
habitat for a species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(2) the Federal land is not identified in the
landscape prioritization plan developed under section
6(a);
(3) the Secretary determines that the land exchange
would facilitate the administration of the Moist
Forestry Emphasis Area or Dry Forestry Emphasis Area or
the Conservation Emphasis Area; and
(4) the Secretary determines that the land exchange
is in the public interest, including, but not limited
to, the acknowledgment that the consolidation of
Federal land and non-Federal land and the enhancement
of conservation values are in the in public interest.
(b) Bureau of Land Management Lands to the Forest
Service.--
(1) In general.--The approximately 25,000 acres of
lands, as generally depicted as ``BLM to USFS'' on the
map entitled ``O & C Land Grant Act of 2014: Land
Management Rationalization'' and dated November 3,
2014, are transferred to the administration of the
Forest Service in the Department of Agriculture from
the administration of the Department of the Interior
Bureau of Land Management.
(2) Management.--The Secretary of Agriculture,
through the Chief of the Forest Service, shall manage
the lands described in paragraph (1):
(A) as other National Forest Systems lands
and subject to the same statutes, regulations
and policies;
(B) as they have been generally managed under
the Northwest Forest Plan and the appropriate
Bureau of Land Management resource management
plan at least until revised in a land and
resource management plan revision; and
(C) under any specific statutes that may
apply to any of these lands.
(3) National forest boundaries.--The Secretary of
Agriculture, through the Chief of the Forest Service,
shall adjust the official boundaries of the relevant
national forests to accommodate the inclusion of the
lands described in paragraph (1).
(c) Forest Service Lands to the Bureau of Land
Management.--
(1) Land for management rationalization between
bureau of land management and forest service.--Not
later than 30 days after the date of enactment of the
Oregon and California Land Grant Act of 2014, the
Secretary of Agriculture shall identify for transfer to
the Secretary of the Interior approximately 102,000
acres of U.S. Forest Service land, some of which is
identified on the map entitled ``O&C Land Grant Act of
2014: Land Management Rationalization'' and dated
November 3, 2014, with the following criteria--
(A) adjacent to existing Bureau of Land
Management covered land under this Act;
(B) facilitates management by reducing
fragmentation and creating more contiguous
parcels of lands for both the U.S. Forest
Service and Bureau of Land Management lands;
and
(C) appropriate for designation into Moist or
Dry Forestry Emphasis Areas as identified in
this Act; and
(D) not within--
(i) inventoried roadless areas;
(ii) wilderness or other designated
conservation areas; or
(iii) high-quality critical habitat.
(2) Management.--The Secretary shall manage the lands
described in subparagraph (1) under this Act, including
section 4(a)(1) without modification under section
4(a)(2).
(3) Land Management rationalization within the bureau
of land management.--Not later than 30 days after
completion of actions required under paragraph (1), the
Secretary of Agriculture and the Secretary of the
Interior shall identify for transfer to the Secretary
of the Interior not less than 206,000 acres of Forest
Service land ecologically associated with the acres
identified in paragraph (1) and other covered lands,
suitable for conservation protection.
(4) Land allocation.--
(A) Forest emphasis areas.--The Secretary
shall allocate, as most appropriately
consistent with this Act, the lands described
in paragraph (3) into--
(i) moist forestry emphasis area
subject to the provisions of section 8;
or
(ii) dry forestry emphasis area
subject to the provisions of section 9.
(B) Conservation emphasis areas.--The
Secretary shall designate the lands described
in paragraph (3) as Conservation Emphasis Areas
to be managed under section 10 and section
4(a)(1) without modification under section
4(a)(2) of this Act.
(5) Report to congress.--
(A) In general.--Within one year of the date
of enactment of the Oregon and California Land
Grant Act of 2014, the Secretary 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 report detailing how, after
consideration of public comment in subparagraph
(B), the lands described in paragraph (1) were
allocated pursuant to paragraph (3).
(B) Public comment.--Before submitting the
report as required in subparagraph (A), the
Secretary shall make a draft available for
public comment for no less than 60 days
(d) Army Corps of Engineers Lands to the Bureau of Land
Management.--
(1) In general.--The approximately 3,502 acres of
lands, as generally depicted as ``USACE to BLM'' on the
map entitled ``O & C Land Grant Act of 2014: Land
Management Rationalization'' and dated November 3,
2014, are transferred to the administration of the
Bureau of Land Management in the Department of the
Interior from the administration of the United States
Army Corps of Engineers.
(2) Management.--
(A) Bureau of land management.--The Secretary
shall--
(i) allocate as appropriate the
transferred lands that are not within
the Elk Creek Wild and Scenic River
management corridor, to the Dry Areas
Conservation Network or the Moist Areas
Conservation Network established in
Sec. 10(a); and
(ii) manage the transferred lands
consistent with this Act.
(B) U.S. army corps of engineers.--The
Secretary of the Army, through the Corps of
Engineers, will continue to have the obligation
to maintain the safe condition of the Elk Creek
Dam structure, rock piles and associated
components, in an area of approximately 147.1
acres of the transferred lands.
(e) Legacy Roads and Trails Program.--
(1) In general.--The Secretary shall establish a
program to be known as the ``Legacy Roads and Trails''
program to provide--
(A) urgently needed road decommissioning,
road and trail repair and maintenance and
associated activities, and removal of fish
passage barriers, especially in areas in which
roads may be contributing to water quality
problems in streams and water bodies that
support threatened, endangered, or sensitive
species or community water sources;
(B) urgently needed road repairs required due
to recent storm events; or
(C) the decommissioning of unauthorized roads
that are not part of the transportation system.
(2) Project selection.--
(A) In general.--The Secretary shall--
(i) consider public input in the
selection of projects; and
(ii) publish the selection process of
the Secretary on the website of the
Bureau of Land Management.
(B) Priorities.--In selecting projects under
this subsection, the Secretary shall give
priority to decommissioning and repairing roads
and trails in--
(i) environmentally sensitive areas;
and
(ii) areas in which roads may be
contributing to water quality problems
in streams and water bodies that
support threatened or endangered
species, or species considered
sensitive by the Secretary.
(3) Report to congress.--Not later than 120 days
after the end of each fiscal year, the Secretary shall
submit to Congress a report on the status of the
projects selected for completion in the previous 2
fiscal years.
(4) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $5,000,000 adjusted for inflation for each
of fiscal years 2013 through 2023.
SEC. 12. DISTRIBUTION OF FUNDS.
(a) In General.--Effective for fiscal year 2014 and each
fiscal year thereafter, all receipts generated from activities
on covered land shall be collected, deposited in a separate
fund in the Treasury designated the ``Oregon and California
Railroad Grant Lands Fund'', and distributed annually in
accordance with this section and title II of the Oregon and
California Land Grant Act (43 U.S.C. 1181f) and sections 1
through 4 of the Act of May 24, 1939 (43 U.S.C. 1181f-1 through
1181f-4), as applicable.
(b) General Fund.--Subject to subsection (d)(4), as soon as
practicable after the end of each fiscal year described in
subsection (a), $4,000,000 of all amounts received by the
Secretary for the applicable fiscal year from the covered land
shall be transferred to the general fund of the Treasury.
(c) Administrative Costs.--
(1) In general.--Subject to paragraph (2) and
subsection (d)(4), all amounts received for the
applicable fiscal year by the Secretary from the
covered land shall be used to pay for the management
of, administrative expenses for, and capital
improvement costs for the covered land, including the
protection or restoration of fish and wildlife habitat
on the covered land.
(2) Limitations.--The amount of revenue that is used
to pay for expenses and costs for a fiscal year under
paragraph (1) shall not exceed--
(A) 25 percent of all amounts received for
the applicable fiscal year by the Secretary
from the covered land during the fiscal year;
or
(B) $20,000,000 in 2014 dollars indexed for
inflation.
(d) Payments to Counties.--
(1) In general.--All amounts received for the
applicable fiscal year by the Secretary from the
covered land during a fiscal year that is in excess of
the amount necessary to carry out subsections (b) and
(c) shall be provided to the counties that contain
covered land (referred to in this subsection as a
``covered county'') in the form of annual payments.
(2) Timing.--Payments shall be made available to
covered counties under this subsection as soon as
practicable following the end of each fiscal year.
(3) Other county funds.--Payments made to covered
counties under this subsection shall be used as other
county funds.
(4) Minimum amount.--
(A) In general.--Subject to clauses (ii) and
(iii), the annual payment paid to a covered
county under this subsection, to the extent
practicable, shall not be less than the payment
that the covered county would have received
solely under this Act (as in effect on the day
before the date of enactment of the Oregon and
California Land Grant Act of 2014) for fiscal
year 2013 if the covered county had elected to
receive payment under this Act and not under
any other law.
(B) Use of general fund share.--If the
portion of revenues to be provided to a covered
county for a fiscal year is less than the
amount described in clause (i), the payment
made to the Treasury for the fiscal year under
subsection (b) shall be reduced by an amount
necessary to provide the minimum payments
required under clause (i) for the covered
county.
Sec. [2]13. 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, or 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]14. 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 state
in section 1: Provided, That all the moneys received 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 land 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]15. 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 wand 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 follows:
(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.
(b) Twenty-five per centum to 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 the 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-grand fund said 25 per
centum shall be paid annually, on or after June 30, to the
several counties in the manner provided in subsection (a)
hereof.
(c) Twenty-fire 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.
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
PUBLIC LAW 111-11
AN ACT To designate certain land as components of the national
Wilderness Preservation System, to authorize certain programs and
activities in the Department of the Interior and the Department of
Agriculture, and for other purposes.
* * * * * * *
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
* * * * * * *
SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE CONSERVATION SYSTEM.
* * * * * * *
(b) Components.--The system shall include each of the
following areas administered by the Bureau of Land Management:
* * * * * * *
(2) Any area designated by Congress to be
administered for conservation purposes, including--
* * * * * * *
(D) public land within the California Desert
Conservation Area administered by the Bureau of
Land Management for conservation purposes;
[and]
(E) public land designated as Oregon and
California Land grant land in the State of
Oregon, administered by the Bureau of Land
Management as conservation emphasis areas; and
[(E)] (F) any additional area designated by
Congress for inclusion in the system.
* * * * * * *
WILD AND SCENIC RIVERS ACT
PUBLIC LAW 90-542
* * * * * * *
SEC. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system.
* * * * * * *
[(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.]
(5) Rogue, oregon.--
(A) In general.--The segment of the river
extending from the mouth of the River
downstream to the Lobster Creek Bridge, to be
administered by the Secretary of the Interior
or the Secretary of Agriculture, as agreed to
by the Secretaries of the Interior and
Agriculture or as directed by the President.
(B) Additions.--In addition to the segment
described in subparagraph (A), there are
designated the following segments in the Rogue
River:
(i) Kelsey creek.--The approximately
6.8-mile segment of Kelsey Creek from
the Wild Rogue Wilderness boundary in
T. 32 S., R. 9 W., sec. 25, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
(ii) East fork kelsey creek.--
(I) Scenic river.--The
approximately 0.2-mile segment
of East Fork Kelsey Creek from
headwaters downstream to the
Wild Rogue Wilderness boundary
in T. 33 S., R. 8 W., sec. 5,
Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 4.6-mile segment
of East Fork Kelsey Creek from
the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W.,
sec. 5, Willamette Meridian, to
the confluence with Kelsey
Creek, as a wild river.
(iii) Whisky creek.--
(I) Recreational river.--The
approximately 0.6-mile segment
of Whisky Creek from the
confluence of the East Fork and
West Fork to 0.1 miles
downstream from road 33-8-23,
as a recreational river.
(II) Wild river.--The
approximately 1.9-mile segment
of Whisky Creek from 0.1 miles
downstream from road 33-8-23 to
the confluence with the Rogue
River, as a wild river.
(iv) East fork whisky creek.--
(I) Scenic river.--The
approximately 0.9-mile segment
of East Fork Whisky Creek from
its headwaters to Wild Rogue
Wilderness boundary in T. 33
S., R. 8 W., sec. 11,
Willamette Meridian., as a
scenic river.
(II) Wild river.--The
approximately 2.6-mile segment
of East Fork Whisky Creek from
the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W.,
sec. 11, Willamette Meridian.,
to 0.1 miles downstream of road
33-8-26 crossing, as a wild
river.
(III) Recreational river.--
The approximately 0.3-mile
segment of East Fork Whisky
Creek from 0.1 miles downstream
of road 33-8-26 to the
confluence with Whisky Creek,
as a recreational river.
(v) West fork whisky creek.--The
approximately 4.8-mile segment of West
Fork Whisky Creek from its headwaters
to the confluence with the East Fork
Whisky Creek, as a wild river.
(vi) Big windy creek.--
(I) Scenic river.--The
approximately 1.5-mile segment
of Big Windy Creek from its
headwaters to 0.1 miles
downstream from road 34-9-17.1,
as a scenic river.
(II) Wild river.--The
approximately 5.8-mile segment
of Big Windy Creek from 0.1
miles downstream from road 34-
9-17.1 to the confluence with
the Rogue River, as a wild
river.
(vii) East fork big windy creek.--
(I) Scenic river.--The
approximately 0.2-mile segment
of East Fork Big Windy Creek
from its headwaters to 0.1
miles downstream from road 34-
8-36, as a scenic river.
(II) Wild river.--The
approximately 3.7-mile segment
of East Fork Big Windy Creek
from 0.1 miles downstream from
road 34-8-36 to the confluence
with Big Windy Creek, as a wild
river.
(viii) Little windy creek.--
(I) Scenic river.--The
approximately 1.2-mile segment
of Little Windy Creek from its
headwaters to the Wild Rogue
Wilderness boundary in T. 33
S., R. 9 W., sec. 34,
Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 1.9-mile segment
of Little Windy Creek from the
Wild Rogue Wilderness boundary
in T. 33 S., R. 9 W., sec. 34,
Willamette Meridian to the
confluence with the Rogue
River, as a wild river.
(ix) Howard creek.--
(I) Scenic river.--The
approximately 0.3-mile segment
of Howard Creek from its
headwaters to 0.1 miles
downstream of road 34-9-34, as
a scenic river.
(II) Wild river.--The
approximately 6.9-mile segment
of Howard Creek from 0.1 miles
downstream of road 34-9-34 to
the confluence with the Rogue
River, as a wild river.
(x) Mule creek.--
(I) Scenic river.--The
approximately 3.5-mile segment
of Mule Creek from its
headwaters downstream to the
Wild Rogue Wilderness boundary
as a scenic river.
(II) Wild river.--The
approximately 7.8-mile segment
of Mule Creek from the Wild
Rogue Wilderness boundary in T.
32 S., R. 9 W., sec. 29,
Willamette Meridian, to the
confluence with the Rogue
River, as a wild river.
(xi) Anna creek.--The approximately
3.5-mile segment of Anna Creek from its
headwaters to the confluence with
Howard Creek, as a wild river.
(xii) Missouri creek.--
(I) Scenic river.--The
approximately 3.1-mile segment
of Mule Creek from its
headwaters downstream to the
Wild Rogue Wilderness boundary
in T. 33 S., R. 10 W., sec. 24,
Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 1.6-mile segment
of Missouri Creek from the Wild
Rogue Wilderness boundary in T.
33 S., R. 10 W., sec. 24,
Willamette Meridian, to the
confluence with the Rogue
River, as a wild river.
(xiii) Jenny creek.--
(I) Scenic river.--The
approximately 3.1-mile segment
of Jenny Creek from its
headwaters downstream to the
Wild Rogue Wilderness boundary
in T. 33 S., R. 9 W., sec. 28,
Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 1.8-mile segment
of Jenny Creek from the Wild
Rogue Wilderness boundary in T.
33 S., R. 9 W., sec. 28,
Willamette Meridian, to the
confluence with the Rogue
River, as a wild river.
(xiv) Rum creek.--
(I) Scenic river.--The
approximately 2.2-mile segment
of Rum Creek from its
headwaters to the Wild Rogue
Wilderness boundary in T. 34
S., R. 8 W., sec. 9.,
Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 2.2-mile segment
of Rum Creek from the Wild
Rogue Wilderness boundary in T.
34 S., R. 8 W., sec. 9,
Willamette Meridian, to the
confluence with the Rogue
River, as a wild river.
(xv) East fork rum creek.--
(I) Scenic river.--The
approximately 0.8-mile segment
of East Fork Rum Creek from its
headwaters to the Wild Rogue
Wilderness boundary in T. 34
S., R. 8 W., sec. 10.,
Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 1.3-mile segment
of East Fork Rum Creek from the
Wild Rogue Wilderness boundary
in T. 34 S., R. 8 W., sec. 10,
Willamette Meridian, to the
confluence with Rum Creek, as a
wild river.
(xvi) Wildcat creek.--The
approximately 1.7-mile segment of
Wildcat Creek from its headwaters
downstream to the confluence with the
Rogue River, as a wild river.
(xvii) Montgomery creek.--The
approximately 1.8-mile segment of
Montgomery Creek from its headwaters
downstream to the confluence with the
Rogue River, as a wild river.
(xviii) Hewitt creek.--
(I) Scenic river.--The
approximately 1.4-mile segment
of Hewitt Creek from its
headwaters to the Wild Rogue
Wilderness boundary in T. 33
S., R. 9 W., sec.
19.,Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 1.2-mile segment
of Hewitt Creek from the Wild
Rogue Wilderness boundary in T.
33 S., R. 9 W., sec. 19,
Willamette Meridian, to the
confluence with the Rogue
River, as a wild river.
(xix) Bunker creek.--The
approximately 6.6-mile segment of
Bunker Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xx) Dulog creek.--
(I) Scenic river.--The
approximately 0.8-mile segment
of Dulog Creek from its
headwaters to 0.1 miles
downstream of road 34-8-36, as
a scenic river.
(II) Wild river.--The
approximately 1.0-mile segment
of Dulog Creek from 0.1 miles
downstream of road 34-8-36 to
the confluence with the Rogue
River, as a wild river.
(xxi) Quail creek.--The approximately
1.7-mile segment of Quail Creek from
the Wild Rogue Wilderness boundary in
T. 33 S., R. 10 W., sec. 1, Willamette
Meridian, to the confluence with the
Rogue River, as a wild river.
(xxii) Meadow creek.--The
approximately 4.1-mile segment of
Meadow Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxiii) Russian creek.--
(I) Scenic river.--The
approximately 0.1-mile segment
of Russian Creek from its
headwaters to the Wild Rogue
Wilderness boundary in T. 33
S., R. 8 W., sec. 20.,
Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 2.5-mile segment
of Russian Creek from the Wild
Rogue Wilderness boundary in T.
33 S., R. 8 W., sec. 20,
Willamette Meridian, to the
confluence with the Rogue
River, as a wild river.
(xxiv) Alder creek.--The
approximately 1.2-mile segment of Alder
Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxv) Booze creek.--The approximately
1.5-mile segment of Booze Creek from
its headwaters to the confluence with
the Rogue River, as a wild river.
(xxvi) Bronco creek.--The
approximately 1.8-mile segment of
Bronco Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxvii) Copsey creek.--The
approximately 1.5-mile segment of
Copsey Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxviii) Corral creek.--The
approximately 0.5-mile segment of
Corral Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxix) Cowley creek.--The
approximately 0.9-mile segment of
Cowley Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxx) Ditch creek.--The approximately
1.8-mile segment of Ditch Creek from
the Wild Rogue Wilderness boundary in
T. 33 S., R. 9 W., sec. 5, Willamette
Meridian, to its confluence with the
Rogue River, as a wild river.
(xxxi) Francis creek.--The
approximately 0.9-mile segment of
Francis Creek from its headwaters to
the confluence with the Rogue River, as
a wild river.
(xxxii) Long gulch.--
(I) Scenic river.--The
approximately 1.4-mile segment
of Long Gulch from its
headwaters to the Wild Rogue
Wilderness boundary in T. 33
S., R. 10 W., sec. 23,
Willamette Meridian, as a
scenic river.
(II) Wild river.--The
approximately 1.1-mile segment
of Long Gulch from the Wild
Rogue Wilderness boundary in T.
33 S., R. 10 W., sec. 23,
Willamette Meridian, to the
confluence with the Rogue
River, as a wild river.
(xxxiii) Bailey creek.--
(I) Scenic river.--The
approximately 1.4-mile segment
of Bailey Creek from its
headwaters to the Wild Rogue
Wilderness boundary on the west
section line of T. 34 S., R. 8
W., sec. 14, Willamette
Meridian, as a scenic river.
(II) Wild river.--The
approximately 1.7-mile segment
of Bailey Creek from the west
section line of T. 34 S., R.8
W., sec. 14, Willamette
Meridian, to the confluence of
the Rogue River, as a wild
river.
(xxxiv) Shady creek.--The
approximately 0.7-mile segment of Shady
Creek from its headwaters to the
confluence with the Rogue River, as a
wild river.
(xxxv) Slide creek.--
(I) Scenic river.--The
approximately 0.5-mile segment
of Slide Creek from its
headwaters to 0.1 miles
downstream from road 33-9-6, as
a scenic river.
(II) Wild river.--The
approximately 0.7-mile section
of Slide Creek from 0.1 miles
downstream of road 33-9-6 to
the confluence with the Rogue
River, as a wild river.
(xxxvi) Quartz creek.--The
approximately 3.3-mile segment of
Quartz Creek from its headwaters to its
confluence with the North Fork Galice
Creek., as a scenic river.
(xxxvii) North fork galice creek.--
The approximately 5.7-mile segment of
the North Fork Galice Creek from its
headwaters to its confluence with
Galice Creek, as a recreational river.
* * * * * * *
(69) Chetco, oregon.--[The 44.5-mile]
(A) 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-mile] 7.5-mile
segment from [Boulder Creek to Steel
Bridge] Mislatnah Creek to Eagle Creek
as a scenic river; and
[(C)] (iii) the [11-mile] 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.
* * * * * * *
[(76) Elk, oregon.--The 29-mile segment to be
administered by the Secretary of Agriculture in the
following clases:
[(A) The 17-mile segment from the confluence
of the North and South Forks of the Elk to
Anvil Creek as a recreational river;
[(B)(i) The approximately 0.6-mile segment of
the North Fork Elk from its source in sec. 21,
T. 33 S., R. 12 W., Willamette Meridian,
downstream to 0.01 miles below Forest Service
Road 3353, as a scenic river.
[(ii) The approximately 5.5-mile segment of
the North Fork Elk from 0.01 miles below Forest
Service Road 3353 to its confluence with the
South Fork Elk, as a wild river.
[(C)(i) The approximately 0.9-mile segment of
the South Fork Elk from its source in the
southeast quarter of sec. 32, T. 33 S., R. 12
W., Willamette Meridian, downstream to 0.01
miles below Forest Service Road 3353, as a
scenic river.
[(ii) The approximately 4.2-mile segment of
the South Fork Elk from 0.01 miles below Forest
Service Road 3353 to its confluence with the
North Fork Elk, as a wild river.]
(76) Elk, oregon.--The 63.1-mile segment to be
administered by the Secretary of Agriculture in the
following classes:
(A) Mainstem.--The 17-mile segment from the
confluence of the North and South Forks of the
Elk to Anvil Creek as a recreational river.
(B) North fork.--
(i) The approximately 0.6 mile
segment of the North Fork Elk from its
source in sec. 21, T. 33 S., R. 12 W.,
Willamette Meridian, downstream to 0.01
miles below Forest Service Road 3353,
as a scenic river.
(ii) The approximately 5.5-mile
segment of the North Fork Elk from 0.01
miles below Forest Service Road 3353 to
its confluence with the South Fork Elk,
as a wild river.
(C) South fork.--
(i) The approximately 0.9-mile
segment of the South Fork Elk from its
source in the southeast quarter of sec.
32, T. 33 S., R. 12 W., Willamette
Meridian, downstream to 0.01 miles
below Forest Service Road 3353, as a
scenic river.
(ii) The approximately 4.2-mile
segment of the South Fork Elk from 0.01
miles below Forest Service Road 3353 to
its confluence with the North Fork Elk,
as a wild river.
(D) Other tributaries.--
(i) Rock creek.--The approximately
1.7-mile segment of Rock Creek from its
headwaters to its confluence with Elk
River, as a wild river.
(ii) Bald mountain creek.--The
approximately 8-mile segment of Bald
Mountain Creek from its headwaters,
including Salal Spring to its
confluence with Elk River, as a
recreational river.
(iii) South fork bald mountain
creek.--The approximately 3.5-mile
segment of South Fork Bald Mountain
Creek from its headwaters to its
confluence with Bald Mountain Creek, as
a scenic river.
(iv) Platinum creek.--The
approximately 1-mile segment of
Platinum Creek from--
(I) its headwaters to 0.01
miles above Forest Service Road
5325, as a wild river; and
(II) 0.01 miles above Forest
Service Road 5325 to its
confluence with Elk River, as a
wild river.
(v) Panther creek.--The approximately
5.0-mile segment of Panther Creek
from--
(I) its headwaters, including
Mountain Well, to 0.01 miles
above Forest Service Road 5325,
as a wild river; and
(II) 0.01 miles above Forest
Service Road 5325 to its
confluence with Elk River, as a
scenic river.
(vi) East fork panther creek.--The
approximately 3.0-mile segment of East
Fork Panther Creek from its headwaters,
to the confluence with Panther Creek,
as a wild river.
(vii) West fork panther creek.--The
approximately 3.0-mile segment of West
Fork Panther Creek from its headwaters
to the confluence with Panther Creek as
a wild river.
(viii) Lost creek.--The approximately
1.0-mile segment of Lost Creek from--
(I) its headwaters to 0.01
miles above Forest Service Road
5325, as a wild river; and
(II) 0.01 miles above Forest
Service Road 5325 to its
confluence with the Elk River,
as a scenic river.
(ix) Milbury creek.--The
approximately 1.5-mile segment of
Milbury Creek from--
(I) its headwaters to 0.01
miles above Forest Service Road
5325, as a wild river; and
(II) 0.01 miles above Forest
Service Road 5325 to its
confluence with the Elk River,
as a scenic river.
(x) Blackberry creek.--The
approximately 5.0-mile segment of
Blackberry Creek from--
(I) its headwaters to 0.01
miles above Forest Service Road
5325, as a wild river; and
(II) 0.01 miles above Forest
Service Road 5325 to its
confluence with the Elk River,
as a scenic river.
(xi) McCurdy creek.--The
approximately 1.0-mile segment of
McCurdy Creek from--
(I) its headwaters to 0.01
miles above Forest Service Road
5325, as a wild river; and
(II) 0.01 miles above Forest
Service Road 5325 to its
confluence with the Elk River,
as a scenic river; and
(xii) Bear creek.--The approximately
1.5-mile segment of Bear Creek from
headwaters to the confluence with Bald
Mountain Creek, as a recreational
river.
* * * * * * *
(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) The 6.6-mile segment and its tributaries
from the source to the Three Sisters Wilderness
boundary as a wild river; and
(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.
* * * * * * *
(207) Taunton river, massachusetts.--The main stem of
the Tauton River from its headwaters at the confluence
of the Town and Matfield Rivers in the Town of
Bridgewater downstream 40 miles to the confluence with
the Quequechan River at the Route 195 Bridge in the
City of Fall River, to be administered by the Secretary
of the Interior in cooperation with the Taunton River
Stewardship Council as follows:
* * * * * * *
(208) Nestucca river, oregon.--The approximately
15.5-mile segment from its confluence with Ginger Creek
downstream until it crosses T. 4 S., R. 7 W., sec. 7,
Willamette Meridian, to be administered by the
Secretary of the Interior as a recreational river.
(209) Walker creek, oregon.--The approximately 2-mile
segment from the headwaters in T. 3 S., R. 6 W., sec.
20 downstream to the confluence with the Nestucca River
in T. 3 S., R. 6 W., sec. 15, Willamette Meridian, to
be administered by the Secretary of the Interior as a
recreational river.
(210) North fork silver creek, oregon.--The
approximately 6-mile segment from the headwaters in T.
35 S., R. 9 W., sec. 1 downstream to the edge of the
Bureau of Land Management boundary in T. 35 S., R. 9
W., sec. 17, Willamette Meridian, to be administered by
the Secretary of the Interior as a recreational river.
(211) Jenny creek, oregon.--The approximately 17.6-
mile segment from the Bureau of Land Management
boundary located at the north boundary of the southwest
quarter of the southeast quarter of T. 38 S., R. 4 E.,
sec. 34, Willamette Meridian, downstream to the Oregon
State border, to be administered by the Secretary of
the Interior as a scenic river.
(212) Spring creek, oregon.--The approximately 1.1-
mile segment from its source at Shoat Springs in T. 40
S., R. 4 E., sec. 34, Willamette Meridian, downstream
to the confluence with Jenny Creek in T. 41 S., R. 4
E., sec. 3, Willamette Meridian, to be administered by
the Secretary of the Interior as a scenic river.
(213) Lobster creek, oregon.--The approximately 5-
mile segment from T. 15 S., R. 8 W., sec. 35,
Willamette Meridian, downstream to the edge of the
Bureau of Land Management boundary in T. 15 S., R. 8
W., sec. 15, Willamette Meridian, to be administered by
the Secretary of the Interior as a recreational river.
(214) Elk creek, oregon.--The approximately 7.3-mile
segment from its confluence with Flat Creek near river
mile 9, to the southern edge of the Army Corps of
Engineers boundary in T. 33 S., R. 1 E., sec. 30,
Willamette Meridian, near river mile 1.7, to be
administered by the Secretary of the Interior as a
scenic river.
(215) Franklin creek, oregon.--The 4.5-mile segment
from its headwaters to the line of angle points within
sec. 8, T. 22 S., R. 10 W., shown on the survey
recorded in the Official Records of Douglas County,
Oregon, as M64-62, to be administered by the Secretary
of Agriculture as a wild river.
(216) Wasson creek, oregon.--The 10.1-mile segment in
the following classes:
(A) The 4.2-mile segment from the eastern
boundary of sec. 17, T. 21 S., R. 9 W.,
downstream to the western boundary of sec. 12,
T. 21 S., R. 10 W., to be administered by the
Secretary of the Interior as a wild river.
(B) The 5.9-mile segment from the western
boundary of sec. 12, T. 21 S., R. 10 W.,
downstream to the eastern boundary of the
northwest quarter of sec. 22, T. 21 S., R. 10
W., to be administered by the Secretary of
Agriculture as a wild river.
(217) Molalla river, oregon.--
(A) In general.--The following segments in
the State of Oregon, to be administered by the
Secretary of the Interior as a recreational
river:
(i) Molalla river.--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.
(ii) Table rock fork molalla river.--
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) Withdrawal.--Subject to valid existing
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
relating to mineral and geothermal
leasing or mineral materials.
* * * * * * *
Act of June 24, 1954
AN ACT Relating to the administrative jurisdiction of certain public
lands in the State of Oregon, and for other purposes.
* * * * * * *
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
those unselected and upatented odd-numbered sections within the
indemnity limits of the Oregon and California Railroad land
grant authorized by the Act of July 25, 1866 (14 Stat. 239), as
amended by the Act of April 10, 1989 (16 Stat. 47), and for
which payment was made by the United States to such railroad or
its successors in interest under the Act of June 9, 1916 (39
Stat. 218), pursuant to the decree in the case of United States
against Oregon and California R.R. Co. (8 F.(2d) 645), which
were included within the boundaries of national forests by
proclamations of the President of the United States issued
under the dates of June 17, 1892, September 28, 1893, October
5, 1906, January 25, 1907, March 1, 1907, and March 2, 1907,
[are hereby declared to be revested Oregon and California
railroad grant lands; and said lands] shall continue to be
administered as national-forest lands by the Secretary of
Agriculture subject to all laws, rules, and regulations
applicable to the national forests[: Provided, That all
revenues hereafter derived from said lands and those revenues
heretofore derived from such lands and placed in special
deposit by agreement between the Secretary of Agriculture and
the Secretary of the Interior shall be disposed of in
accordance with the provisions of title II of the Act approved
August 28, 1937 (50 Stat. 874) as hereby amended, and said
lands shall not hereafter be subject to the provisions of any
other laws or parts of laws which otherwise prescribe the
disposal of distribution of receipts from lands of the United
States, except that none of the provisions of this Act shall
affect revenues heretofore distributed. No part of said lands
or the resources thereof shall be subject to exchange under the
provisions of this or any other law applicable to national-
forest lands or otherwise].
* * * * * * *
COQUILLE RESTORATION ACT
PUBLIC LAW 101-42
AN ACT To provide for restoration of the Federal trust relationship
with, and assistance to, the Coquille Tribe of Indians and the
individual members consisting of the Coquille Tribe of Indians, and for
other purposes.
SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.
* * * * * * *
(d) Creation of the Coquille Forest.--
[(5) Management.--The Secretary of Interior, acting
through the Assistant Secretary for Indian Affairs,
shall manage the Coquille Forest under applicable State
and Federal forestry and environmental protection laws,
and subject to critical habitat designations under the
Endangered Species Act, and subject to the standards
and guidelines of Federal forest plans on adjacent or
nearby Federal lands, now and in the future. The
Secretary shall otherwise manage the Coquille Forest in
accordance with the laws pertaining to the management
of Indian Trust lands and shall distribute revenues in
accord with Public Law 101-630, 25 U.S.C. 3107.
[(A) Unprocessed logs harvested from the
Coquille forest shall be subject to the same
Federal statutory restrictions on export to
foreign Nations that apply to unprocessed logs
harvested from Federal lands.
[(B) Notwithstanding any other provision of
law, all sales of timber from land subject to
this subsection shall be advertised, offered
and awarded according to competitive bidding
practices, with sales being awarded to the
highest responsible bidder.]
(5) Management.--
(A) In general.--Subject to subparagraph (B),
the Secretary of the Interior, acting through
the Assistant Secretary for Indian Affairs,
shall--
(i) manage the Coquille Forest in
accordance with the laws pertaining to
the management of Indian trust land;
and
(ii) distribute revenues in
accordance with the National Indian
Forest Resources Management Act (25
U.S.C. 3101 et seq.).
(B) Administration.--
(i) Unprocessed logs.--Unprocessed
logs harvested from the Coquille Forest
shall be subject to the same Federal
statutory restrictions on export to
foreign nations that apply to
unprocessed logs harvested from Federal
land.
(ii) Sales of timber.--
Notwithstanding any other provision of
law, all sales of timber from land
subject to this subsection shall be
advertised, offered, and awarded
according to competitive bidding
practices, with sales being awarded to
the highest responsible bidder.
* * * * * * *
[(9) Jurisdiction.--
[(A) The United States District Court for the
District of Oregon shall have jurisdiction over
actions against the Secretary arising out of
claims that this section has been violated.
Consistent with existing precedents on standing
to sue, any affected citizen may bring suit
against the Secretary for violations of this
subsection, except that suit may not be brought
against the Secretary for claims that the MOA
has been violated. The court has the authority
to hold unlawful and set aside actions pursuant
to this subsection that are arbitrary and
capricious, an abuse of discretion, or
otherwise an abuse of law.
[(B) The United States District Court for the
District of Oregon shall have jurisdiction over
actions between the State of Oregon and the
Tribe arising out of claims of breach of the
MOA.
[(C) Unless otherwise provided for by law,
remedies available under this subsection shall
be limited to equitable relief and shall not
include damages.]
[(10)](9) State regulatory and civil jurisdiction.--
In addition to the jurisdiction described in paragraph
7 of this subsection, the State of Oregon may exercise
exclusive regulatory civil jurisdiction, including but
not limited to adoption and enforcement of
administrative rules and orders, over the following
subjects:
* * * * * * *
[(11)](10) Savings clause, state authority.--
* * * * * * *
[(12)](11) In the event of a conflict between Federal
and State law under this subsection, Federal law shall
control.
* * * * * * *
ENDANGERED AMERICAN WILDERNESS ACT OF 1978
PUBLIC LAW 95-237
AN ACT To designate certain endangered public lands for preservation as
wilderness, and for other purposes.
* * * * * * *
OREGON OMNIBUS WILDERNESS ACT OF 1978
Sec. 3. In furtherance of the purposes of the Wilderness
Act, the following lands (hereinafter referred to as
``wilderness areas'') as generally depicted on maps
appropriately referenced, dated January 1978, are hereby
designated as wilderness and, therefore, as components of the
National Wilderness Preservation System--
* * * * * * *
(b) certain lands in the Siskiyou National Forest, Oregon,
which comprise about thirty-six thousand seven hundred acres,
are generally depicted on a map entitled ``Wild Rogue
Wilderness--Proposed'', and shall be known as the Wild Rogue
Wilderness: Provided, That the portion of the segment of the
Rogue River designated as a component of the National Wild and
Scenic Rivers System by section [3(a)(5)] 3(a)(5)(A) of the
Wild and Scenic River Act (82 Stat. 906), as amended) which
lies within the Wild Rogue Wilderness shall be managed as a
wild river notwithstanding section 10(b) of that Act or any
provisons of the Wilderness Act to the contrary.
* * * * * * *