49–010 

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. 


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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: 


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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. 


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‘‘(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. 


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‘‘(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 oldgrowth 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 


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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 lasiocarpaPicea 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 


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‘‘(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. 


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‘‘(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. 


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‘‘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 


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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.— 


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‘‘(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 


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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 EmVerDate Sep 11 2014 04:30 Jan 09, 2015 Jkt 049010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6621 E:\HR\OC\SR307.XXX SR307

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phasis 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 


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‘‘(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— 


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‘‘(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. 


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‘‘(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; 


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‘‘(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 rightof-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— 


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‘‘(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 


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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 rightof-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 


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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 

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tive 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, 


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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 

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tion 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; 


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‘‘(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 


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‘‘(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.— 


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(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. 


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‘‘(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. 


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(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.). 


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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.— 


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(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 


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(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. 


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(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 


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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. 


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‘‘(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. 


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‘‘(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). 


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(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. 


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(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 


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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. 


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(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 desVerDate Sep 11 2014 04:30 Jan 09, 2015 Jkt 049010 PO 00000 Frm 00039 Fmt 6659 Sfmt 6602 E:\HR\OC\SR307.XXX SR307

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ignations, 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– 


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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 


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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. 


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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. 


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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. 


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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 fiveyear period. 

Subsection (b) directs the Secretary to harvest timber on this 

land to reduce the likelihood of a large wildfire. 


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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 OldGrowth 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. 


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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. 


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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. 


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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, adVerDate Sep 11 2014 04:30 Jan 09, 2015 Jkt 049010 PO 00000 Frm 00049 Fmt 6659 Sfmt 6602 E:\HR\OC\SR307.XXX SR307

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justed 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, DEPART- MENT 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 


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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 

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servation 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 


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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. 


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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. 


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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, 


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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. 


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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 


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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. 


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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 


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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, øThat 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. 

øThe 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. 

øIf 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 


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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. 


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(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, 


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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. 


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(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-byproduct’’ 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.— 


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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; 


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(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 


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(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-theground 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. 


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(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 rightsof-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, reVerDate Sep 11 2014 04:30 Jan 09, 2015 Jkt 049010 PO 00000 Frm 00068 Fmt 6659 Sfmt 6603 E:\HR\OC\SR307.XXX SR307

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negotiable 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. 


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(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 


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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 


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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 MANAGE- MENT.— 

(A) IN GENERAL.—Not earlier than 5 years after the date 

of enactment of the Oregon and California Land Grant Act 


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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 


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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. 


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(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. 


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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. 


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(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. 


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(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 longterm 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 STATE- MENTS.—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 


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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. 


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(6) FINAL COMPREHENSIVE ENVIRONMENTAL IMPACT STATE- MENTS.—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 


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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.— 


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(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.— 


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(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 


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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 


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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; 


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(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— 


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(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 oldgrowth 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 RE- SERVES.—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 


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‘‘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 MAN- AGEMENT 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 


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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 MANAGE- MENT 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 


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‘‘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: CascadeSiskiyou 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 


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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; 


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(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 OldGrowth 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 


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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; 


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(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 DepartVerDate Sep 11 2014 04:30 Jan 09, 2015 Jkt 049010 PO 00000 Frm 00094 Fmt 6659 Sfmt 6603 E:\HR\OC\SR307.XXX SR307

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ment 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. 


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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 


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minimum payments required under clause (i) for the covered county. 

SEC. ø2¿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. ø4¿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. ø5¿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 


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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. 

* * * * * * * 


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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; øand¿ 

(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 

ø(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. 

* * * * * * * 

ø(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: 


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(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.— 


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(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 

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stream 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. 


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(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. 


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(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.—øThe 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: 

ø(A)¿ (i) The ø25.5-mile¿ 27.5-mile segment from its 

headwaters to øBoulder Creek at the Kalmiopsis Wilderness boundary¿ Mislatnah Creek as a wild river; 

ø(B)¿ (ii) the ø8-mile¿ 7.5-mile segment from øBoulder Creek to Steel Bridge¿ Mislatnah Creek to Eagle 

Creek as a scenic river; and 

ø(C)¿ (iii) the ø11-mile¿ 9.5-mile segment from 

øSteel 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— 


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(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. 

* * * * * * * 

ø(76) ELK, OREGON.—The 29-mile segment to be administered by the Secretary of Agriculture in the following clases: 

ø(A) The 17-mile segment from the confluence of the 

North and South Forks of the Elk to Anvil Creek as a recreational river; 

ø(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. 

ø(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. 

ø(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. 

ø(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. 


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(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 


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(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) øSQUAW 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 øMcAllister 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 øMcAllister 

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 


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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— 


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(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, øare 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 forestsø: 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.— 


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ø(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. 

ø(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. 

ø(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. 

* * * * * * * 

ø(9) JURISDICTION.— ø(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. 


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ø(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. 

ø(C) Unless otherwise provided for by law, remedies 

available under this subsection shall be limited to equitable relief and shall not include damages.] 

ø(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: 

* * * * * * * 

ø(11)¿(10) SAVINGS CLAUSE, STATE AUTHORITY.— 

* * * * * * * 

ø(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 ø3(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. 

* * * * * * * 

Æ 


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