II 

Calendar No. 646 

113TH CONGRESS 

2D SESSION S. 1784 

[Report No. 113–307] 

To improve timber management on Oregon and California Railroad and 

Coos Bay Wagon Road grant land, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2013 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

DECEMBER 11, 2014 

Reported by Ms. LANDRIEU, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To improve timber management on Oregon and California 

Railroad and Coos Bay Wagon Road grant land, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Oregon and California Land Grant Act of 2013’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 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 on Oregon and California Railroad and Coos Bay 

Wagon Road grant land. 

Sec. 102. Distribution of funds. 

Sec. 103. Wild and Scenic River designations. 

TITLE II—TRIBAL LAND 

Subtitle A—Oregon Coastal Land Conveyance 

Sec. 201. Definitions. 

Sec. 202. Conveyance. 

Sec. 203. Map and legal description. 

Sec. 204. Administration. 

Sec. 205. Forest management. 

Sec. 206. Land reclassification. 

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. 

Sec. 216. Land reclassification. 

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. 


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1 TITLE I—MANAGEMENT ON OR2 EGON AND CALIFORNIA RAIL3 ROAD AND COOS BAY WAGON 

4 ROAD GRANT LAND 

5 SEC. 101. MANAGEMENT ON OREGON AND CALIFORNIA 

6 RAILROAD AND COOS BAY WAGON ROAD 

7 GRANT LAND. 

8 The Act of August 28, 1937 (43 U.S.C. 1181a et 

9 seq.), is amended— 

10 (1) by redesignating sections 2, 4, and 5 (43 

11 U.S.C. 1181b, 1181d, 1181e) as sections 119, 120, 

12 and 121, respectively; and 

13 (2) by striking the first section and inserting 

14 the following: 

15 ‘‘SECTION 1. SHORT TITLE. 

16 ‘‘This Act may be cited as the ‘Oregon and California 

17 Land Grant Act’. 

18 ‘‘SEC. 2. DEFINITIONS. 

19 ‘‘In this Act: 

20 ‘‘(1) ARCHEOLOGICAL SITE.—The term ‘archeo21 logical site’ means any district, site, building, struc22 ture, or object that is included in or eligible for in23 clusion in the National Register under section 106 

24 of the National Historic Preservation Act (16 U.S.C. 

25 470f). 


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1 ‘‘(2) CONSERVATION EMPHASIS AREA.—The 

2 term ‘conservation emphasis area’ means covered 

3 land that is devoted to conservation uses as des4 ignated on the map under section 102(a)(2). 

5 ‘‘(3) COVERED LAND.—The term ‘covered land’ 

6 means Oregon and California Railroad and Coos 

7 Bay Wagon Road grant land described in section 

8 101. 

9 ‘‘(4) DEPARTMENT.—The term ‘Department’ 

10 means the Department of the Interior. 

11 ‘‘(5) DRY FOREST.—The term ‘dry forest’ 

12 means— 

13 ‘‘(A) during the 10-year period beginning 

14 on the date of enactment of the Oregon and 

15 California Land Grant Act of 2013, land gen16 erally depicted as dry forest on the map entitled 

17 ‘O&C Land Grant Act of 2013: Moist Forests 

18 and Dry Forests’ and dated November 18, 

19 2013, except that plant associations and plant 

20 association groups may be used to adjust the 

21 dry forest assignment in specific locations based 

22 on an on-the-ground field examination by the 

23 Secretary; and 


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1 ‘‘(B) after the period described in subpara2 graph (A), land designated as dry forest by the 

3 Secretary under section 103(b). 

4 ‘‘(6) ECOLOGICAL FORESTRY.—The term ‘eco5 logical forestry’ means forestry that— 

6 ‘‘(A) incorporates principles of natural for7 est development (including the role of natural 

8 disturbances) in the initiation, development, 

9 and maintenance of stands and landscape mosa10 ics; and 

11 ‘‘(B) is based on the application of the best 

12 available ecological understanding of forest eco13 systems in managing those ecosystems to 

14 achieve integrated environmental, economic, and 

15 cultural outcomes. 

16 ‘‘(7) FORESTRY EMPHASIS AREA.—The term 

17 ‘forestry emphasis area’ means covered land that is 

18 primarily devoted to a sustained yield of timber har19 vest over time, as designated on the map under sec20 tion 102(a)(1). 

21 ‘‘(8) KEY WATERSHED.—The term ‘key water22 shed’ means a watershed that— 

23 ‘‘(A) is critical to 1 or more populations of 

24 native fish; 

25 ‘‘(B) provides high quality water; and 


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1 ‘‘(C) is the same as 1 of the key water2 sheds designated under the Northwest Forest 

3 Plan. 

4 ‘‘(9) MOIST FOREST.—The term ‘moist forest’ 

5 means— 

6 ‘‘(A) during the 10-year period beginning 

7 on the date of enactment of the Oregon and 

8 California Land Grant Act of 2013, land gen9 erally depicted as moist forest on the map enti10 tled ‘O&C Land Grant Act of 2013: Moist For11 ests and Dry Forests’ and dated November 18, 

12 2013, except that plant associations and plant 

13 association groups may be used to adjust the 

14 dry forest assignment in specific locations based 

15 on an on-the-ground field examination by the 

16 Secretary; and 

17 ‘‘(B) after the period described in subpara18 graph (A), land designated as moist forest by 

19 the Secretary under section 103(b). 

20 ‘‘(10) MONUMENT.—The term ‘Monument’ 

21 means the Cascade-Siskiyou National Monument (as 

22 defined in section 1401 of the Omnibus Public Land 

23 Management Act of 2009 (16 U.S.C. 431 note; Pub24 lic Law 111–11)). 

25 ‘‘(11) NEST TREE.— 


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1 ‘‘(A) IN GENERAL.—The term ‘nest tree’ 

2 means a tree that— 

3 ‘‘(i) is currently in use by a northern 

4 spotted owl for nesting; or 

5 ‘‘(ii) has been documented to have 

6 been used by a northern spotted owl for 

7 nesting during the previous 5-year period. 

8 ‘‘(B) EXCLUSION.—The term ‘nest tree’ 

9 does not include a tree that has been used by 

10 a northern spotted owl for nesting during the 

11 previous 5-year period if the tree— 

12 ‘‘(i) is located in an area in which a 

13 major disturbance (such as a crown fire, 

14 tree defoliating insect or disease outbreak, 

15 or blow down) has occurred during the pe16 riod; and 

17 ‘‘(ii) is not currently being occupied 

18 by a northern spotted owl. 

19 ‘‘(12) OLD GROWTH.—The term ‘old growth’ 

20 means— 

21 ‘‘(A) in the case of a moist forest, trees 

22 that are— 

23 ‘‘(i) greater than 150 years of age 

24 measured at breast height; or 


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1 ‘‘(ii)(I) in a stand of trees in which 

2 the average stand age is 120 years or 

3 greater as of the date of enactment of the 

4 Oregon and California Land Grant Act of 

5 2013; and 

6 ‘‘(II) generally depicted as old growth 

7 stands on the map entitled ‘O&C Land 

8 Grant Act of 2013: Legacy Old Growth 

9 Protection Network’ and dated November 

10 18, 2013; and 

11 ‘‘(B) in the case of a dry forest, trees that 

12 are greater than 150 years of age measured at 

13 breast height. 

14 ‘‘(13) OLDER TREES.—The term ‘older trees’ 

15 means trees that are older than 100 years of age but 

16 less than 150 years of age measured at breast height 

17 as of the date of enactment of the Oregon and Cali18 fornia Land Grant Act of 2013. 

19 ‘‘(14) RESIDENCE.—The term ‘residence’ 

20 means a privately owned, permanent structure that 

21 is— 

22 ‘‘(A) maintained for habitation as a dwell23 ing or workplace; and 

24 ‘‘(B) located in an area with a density that 

25 is greater than 1 structure per 20 acres. 


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1 ‘‘(15) RIPARIAN RESERVE.—The term ‘riparian 

2 reserve’ means an area that is— 

3 ‘‘(A) solely devoted to achieving the goals 

4 for the aquatic conservation strategy described 

5 in section 102(e); and 

6 ‘‘(B) generally located along a river, 

7 stream, lake, wetland, or other hydrologic fea8 ture or unstable or potentially unstable area for 

9 which special standards and guidelines direct 

10 land use. 

11 ‘‘(16) SALMON.— 

12 ‘‘(A) IN GENERAL.—The term ‘salmon’ 

13 means any of the wild anadromous 

14 Oncorhynchus species that occur in the State. 

15 ‘‘(B) INCLUSIONS.—The term ‘salmon’ in16 cludes— 

17 ‘‘(i) chinook salmon (Oncorhynchus 

18 tshawytscha); 

19 ‘‘(ii) coho salmon (Oncorhynchus 

20 kisutch); 

21 ‘‘(iii) chum salmon (Oncorhynchus 

22 keta); 

23 ‘‘(iv) steelhead trout (Oncorhynchus 

24 mykiss); and 


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1 ‘‘(v) coastal cutthroat trout 

2 (Oncorhynchus clarkii clarkii). 

3 ‘‘(17) SECRETARY.—The term ‘Secretary’ 

4 means the Secretary of the Interior, acting through 

5 the Bureau of Land Management. 

6 ‘‘(18) SITE-POTENTIAL TREE HEIGHT.—The 

7 term ‘site-potential tree height’ means the average 

8 maximum height of the tallest dominant trees that 

9 are 200 years of age for a given site class. 

10 ‘‘(19) STANDS LESS THAN OR EQUAL TO 80

11 YEARS OF AGE.—The term ‘stands less than or 

12 equal to 80 years of age’ means stands of trees in 

13 forestry emphasis areas that are less than or equal 

14 to 80 years of age as generally depicted on the map 

15 entitled ‘O&C Land Grant Act of 2013: Forest 

16 Stands Less Than or Equal to 80 Years of Age’ and 

17 dated November 18, 2013. 

18 ‘‘(20) STATE.—The term ‘State’ means the 

19 State of Oregon. 

20 ‘‘(21) SUSTAINED YIELD.—The term ‘sustained 

21 yield’ means the timber yield that can be sustained 

22 under a specific management intensity consistent 

23 with multiple-use objectives on forestry emphasis 

24 areas. 


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1 ‘‘(22) TREE TIPPING.—The term ‘tree tipping’ 

2 means the intentional felling and placement of trees 

3 in a stream or on the forest floor during timber har4 vest operations. 

5 ‘‘(23) WATERSHED ANALYSIS.—The term ‘wa6 tershed analysis’ means an analysis of the geo7 morphic and ecological processes in watersheds to 

8 determine the ecological importance of streams and 

9 riparian areas. 

10 ‘‘(24) WATERSHED PROTECTION.—The term 

11 ‘watershed protection’ means sustaining and enhanc12 ing watershed functions that affect the plant, ani13 mal, and human communities within a watershed 

14 boundary. 

15 ‘‘(25) WATERSHED RESTORATION.—The term 

16 ‘watershed restoration’ means a comprehensive, 

17 long-term restoration intended to restore watershed 

18 health and an aquatic ecosystem, including the habi19 tat supporting fish and other aquatic and riparian20 dependent organisms and the ecological processes 

21 that create and maintain habitats. 


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1 ‘‘TITLE I—MANAGEMENT ON OR2 EGON AND CALIFORNIA RAIL3 ROAD AND COOS BAY WAGON 

4 ROAD GRANT LAND 

5 ‘‘SEC. 101. LAND MANAGEMENT. 

6 ‘‘(a) IN GENERAL.—Notwithstanding the Act of June 

7 9, 1916 (39 Stat. 218, chapter 137), and the Act of Feb8 ruary 26, 1919 (40 Stat. 1179, chapter 47), such portions 

9 of the revested Oregon and California Railroad and recon10 veyed Coos Bay Wagon Road grant land as are under the 

11 jurisdiction of the Department and are classified as 

12 timberland or power-site land valuable for timber shall be 

13 managed in accordance with this Act. 

14 ‘‘(b) EFFECT.—Except as specifically provided in this 

15 Act, nothing in this Act modifies any designation or con16 veyance of any portion of the covered area as in effect 

17 on the day before the date of enactment of the Oregon 

18 and California Land Grant Act of 2013. 

19 ‘‘SEC. 102. ALLOCATION AND MANAGEMENT OF COVERED 

20 LAND. 

21 ‘‘(a) IN GENERAL.—As designated on the map enti22 tled ‘O&C Land Grant Act of 2013: Forestry Emphasis 

23 Areas and Conservation Emphasis Areas’ and dated No24 vember 18, 2013, covered land shall be allocated into— 

25 ‘‘(1) forestry emphasis areas; and 


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1 ‘‘(2) conservation emphasis areas. 

2 ‘‘(b) MANAGEMENT.—Covered land shall be managed 

3 in a manner that is consistent with this Act and under 

4 management strategies that— 

5 ‘‘(1) consider human and economic dimensions 

6 of the management of covered land; 

7 ‘‘(2) protect the long-term health of forests, 

8 wildlife, and waterways; 

9 ‘‘(3) are scientifically sound, ecologically cred10 ible, and legally responsible; 

11 ‘‘(4) produce a predictable and sustainable level 

12 of timber sales and nontimber resources that do not 

13 significantly degrade the environment; and 

14 ‘‘(5) emphasize collaboration among the Federal 

15 agencies responsible for management of covered 

16 land. 

17 ‘‘(c) FORESTRY EMPHASIS AREAS.— 

18 ‘‘(1) IN GENERAL.—Forestry emphasis areas 

19 shall be managed for permanent forest production. 

20 ‘‘(2) TIMBER.—Timber from forestry emphasis 

21 areas shall be sold, cut, and removed in conformity 

22 with the principle of sustained yield and ecological 

23 forestry for the purposes of— 

24 ‘‘(A) providing a permanent source of tim25 ber supply; 


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1 ‘‘(B) protecting watersheds; 

2 ‘‘(C) regulating stream flow; 

3 ‘‘(D) contributing to the economic stability 

4 of local communities and industries; and 

5 ‘‘(E) providing recreational facilities and 

6 opportunities. 

7 ‘‘(d) OLD GROWTH TREES.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (3), the Secretary shall prohibit the cutting or 

10 removal of any old growth in a covered area. 

11 ‘‘(2) LEGACY OLD GROWTH PROTECTION NET12 WORK.— 

13 ‘‘(A) IN GENERAL.—The stands depicted 

14 on the map entitled ‘O&C Land Grant Act of 

15 2013: Legacy Old Growth Protection Network’ 

16 and dated November 18, 2013, shall be des17 ignated as the Legacy Old Growth Protection 

18 Network to provide for the protection, preserva19 tion, and enhancement of ecological, scenic, cul20 tural, watershed, and fish and wildlife values. 

21 ‘‘(B) MANAGEMENT.—The Secretary 

22 shall— 

23 ‘‘(i) prohibit harvest of trees within 

24 the areas designated under subparagraph 

25 (A); and 


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1 ‘‘(ii) only allow uses that are con2 sistent with the purposes described in sub3 paragraph (A). 

4 ‘‘(3) EXCEPTIONS.— 

5 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

6 not apply if the Secretary determines that there 

7 is no reasonable alternative to the cutting or re8 moval of an old growth tree for a purpose de9 scribed in this paragraph. 

10 ‘‘(B) ADMINISTRATIVE PURPOSES.—An old 

11 growth tree may be cut or removed for adminis12 trative purposes to carry out a construction or 

13 maintenance project if the project would cost 

14 more than an additional $3,000 to complete to 

15 meet the objectives of the project if the old 

16 growth tree is not removed. 

17 ‘‘(C) PUBLIC SAFETY PURPOSES.—An old 

18 growth tree may be cut or removed for public 

19 safety purposes if— 

20 ‘‘(i) a federally employed forester or 

21 certified arborist determines the old growth 

22 tree is likely to fall within 1 year; and 

23 ‘‘(ii) the fall of the old growth tree 

24 could— 


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1 ‘‘(I) injure a member of the pub2 lic or an employee of the Department 

3 that regularly is in the vicinity of the 

4 old growth tree; or 

5 ‘‘(II) cause property damage in 

6 excess of $3,000. 

7 ‘‘(D) SCIENTIFIC PURPOSES.—An old 

8 growth tree may be cut or removed for scientific 

9 purposes as part of a research project if the Di10 rector of the National Applied Resource 

11 Sciences Center— 

12 ‘‘(i) approves the research project; 

13 and 

14 ‘‘(ii) determines there is an advan15 tageous reason to cut an old growth tree 

16 on land on which the research project will 

17 be carried out rather than on other land 

18 managed by the Secretary. 

19 ‘‘(E) SPECIAL USE PURPOSES.— 

20 ‘‘(i) IN GENERAL.—An old growth 

21 tree may be cut or removed for special use 

22 purposes that are limited to— 

23 ‘‘(I) a utility right-of-way, if 

24 there is no reasonable alternative; or 


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1 ‘‘(II) a cultural use by a federally 

2 recognized Indian tribe. 

3 ‘‘(ii) INFORMAL RULEMAKING.—Be4 fore allowing a special use under this sub5 paragraph, the Secretary shall conduct an 

6 informal rulemaking with a 90-day public 

7 comment period. 

8 ‘‘(F) ADMINISTRATION.—In carrying out 

9 this paragraph, the Secretary shall— 

10 ‘‘(i) provide public notice of the loca11 tion of the trees; 

12 ‘‘(ii) certify the reasons for allowing 

13 the cutting or removal of old growth trees 

14 under this paragraph; and 

15 ‘‘(iii) seek public comment on the cut16 ting or removal for at least 7 days if more 

17 than 5 trees will be cut or removed within 

18 a 30-day period in the same 5-level hydro19 logic unit code watershed. 

20 ‘‘(G) COMMERCIAL SALE.—Any tree cut or 

21 removed under this paragraph may not be sold 

22 commercially. 

23 ‘‘(4) OLD GROWTH IDENTIFICATION.—Not later 

24 than 1 year after the date of enactment of the Or25 egon and California Land Grant Act of 2013, the 


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1 Secretary shall develop protocols for identifying trees 

2 greater than 150 years of age at breast height. 

3 ‘‘(e) WATER QUALITY PROTECTION.— 

4 ‘‘(1) IN GENERAL.—The primary focus of 

5 aquatic and riparian protection in the covered area 

6 shall be to protect, maintain, and restore natural ec7 ological functions and processes beneficial to water 

8 quality and quantity, including temperature and tur9 bidity, native fish and wildlife, and watershed resil10 ience, including the continued provision of ecosystem 

11 services. 

12 ‘‘(2) AQUATIC CONSERVATION STRATEGY.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 carry out an aquatic conservation strategy to 

15 promote the objectives described in paragraph 

16 (1) and the resiliency of the aquatic ecosystems 

17 consistent with the goals of the aquatic con18 servation strategy. 

19 ‘‘(B) GOALS.—The goals of the aquatic 

20 conservation strategy shall be— 

21 ‘‘(i) to protect, maintain, and restore 

22 aquatic ecosystems and the associated eco23 logical processes for fish, other aquatic or24 ganisms, riparian-dependent species, and 

25 human needs across a region; 


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1 ‘‘(ii) to manage aquatic ecosystems in 

2 a manner that recognizes that fish and 

3 other aquatic organisms evolved within a 

4 dynamic environment that is constantly in5 fluenced and changed by geomorphic and 

6 ecological disturbances; 

7 ‘‘(iii) to protect important drinking 

8 water source areas and maintain and re9 store water quality necessary to support 

10 healthy riparian, aquatic, and wetland eco11 systems; and 

12 ‘‘(iv) to protect, maintain, and restore 

13 in-stream flows sufficient to create and 

14 sustain riparian, aquatic, and wetland 

15 habitats and to retain patterns of sedi16 ment, nutrient, and wood routing. 

17 ‘‘(3) PROGRAM COMPONENTS.—The aquatic 

18 conservation strategy shall incorporate the key com19 ponents of the aquatic conservation strategy de20 scribed in paragraph (2), which shall operate to 

21 maintain and restore the productivity and resiliency 

22 of riparian and aquatic ecosystems, including— 

23 ‘‘(A) riparian reserves; 

24 ‘‘(B) watershed analysis; 

25 ‘‘(C) key watersheds; and 


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1 ‘‘(D) watershed restoration. 

2 ‘‘(4) RIPARIAN RESERVES.— 

3 ‘‘(A) IN GENERAL.—Riparian reserves 

4 shall be established in the covered area to pro5 tect, maintain, and restore ecosystem health at 

6 watershed and landscape scales and to promote 

7 the objectives described in paragraph (1), con8 sistent with section 103(f) for the forestry em9 phasis areas and section 105(c) for the con10 servation emphasis areas. 

11 ‘‘(B) RIPARIAN RESERVE MANAGEMENT.— 

12 ‘‘(i) IN GENERAL.—Management and 

13 restoration activities in riparian reserves 

14 shall only be undertaken to protect, main15 tain, or restore aquatic resources as pro16 vided in this subsection. 

17 ‘‘(ii) TIMBER HARVEST.—Except as 

18 provided in section 103(f), timber harvest 

19 in riparian reserves shall only occur in 

20 stands less than or equal to 80 years of 

21 age. 

22 ‘‘(5) STANDARDS FOR KEY WATERSHEDS.— 

23 ‘‘(A) IN GENERAL.—Key watersheds, 

24 drinking water emphasis areas, and drinking 

25 water special management units established 


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1 under sections 108, 109, 110, and 111 shall 

2 have the highest priority for watershed restora3 tion and protection in the covered area. 

4 ‘‘(B) WATERSHED ANALYSES.—Watershed 

5 analysis shall be required before timber har6 vests occur in key watersheds, other than minor 

7 activities that are categorically excluded under 

8 the National Environmental Policy Act of 1969 

9 (42 U.S.C. 4321 et seq.). 

10 ‘‘(C) COOPERATION ON PRIVATE LAND.— 

11 The Secretary is encouraged to work with adja12 cent private landowners who have agreed to co13 operate with Secretary to further the purposes 

14 of this section. 

15 ‘‘(6) ROADS RESTRICTIONS.— 

16 ‘‘(A) NO NET INCREASE IN ROADS.—The 

17 total quantity of system and nonsystem roads 

18 on covered land shall be less than or equal to 

19 the total quantity of system and nonsystem 

20 roads on covered land as of the date of enact21 ment of the Oregon and California Land Grant 

22 Act of 2013. 

23 ‘‘(B) TEMPORARY ROADS.—Not later than 

24 the earlier of the date that is 1 year after the 

25 vegetation management project is completed or 


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1 the date that is 2 years after the activities for 

2 which a temporary road was constructed are 

3 completed, temporary roads that are con4 structed on covered land, if necessary, shall be 

5 made benign by— 

6 ‘‘(i) closing the temporary roads; and 

7 ‘‘(ii)(I) decommissioning the tem8 porary roads; or 

9 ‘‘(II) placing the temporary roads into 

10 short-term storage. 

11 ‘‘(C) REDUCTION IN ROADS.—To the max12 imum extent practicable and subject to the 

13 availability of appropriations, the Secretary 

14 shall reduce the total quantity of road miles for 

15 system and nonsystem roads, with priority for 

16 road reductions given to key watersheds. 

17 ‘‘(D) LIMITATIONS ON NEW ROADS.—The 

18 Secretary shall prohibit the construction of any 

19 new permanent system road in any portion of 

20 the covered land within the key watersheds and 

21 drinking water protection areas of the covered 

22 land unless the construction contributes to 

23 achieving the goals of the aquatic conservation 

24 strategy. 


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1 ‘‘(E) NO NEW ROADS IN ROADLESS

2 AREAS.—The Secretary shall prohibit the con3 struction of any new road in any inventoried 

4 roadless area on covered land in key water5 sheds, drinking water emphasis areas, and con6 servation emphasis areas. 

7 ‘‘(F) WATERSHED ANALYSIS.—In carrying 

8 out a watershed analysis under this Act, the 

9 Secretary shall identify roads that the Secretary 

10 determines could be closed or decommissioned. 

11 ‘‘(7) WOODY DEBRIS AUGMENTATION.— 

12 ‘‘(A) IN GENERAL.—During periods of 

13 timber harvesting, the Secretary shall carry out 

14 tree tipping activities on riparian reserves on 

15 covered land, as the Secretary determines nec16 essary, to improve timber delivery to streams. 

17 ‘‘(B) FISH HABITAT.—The Secretary shall 

18 annually use approximately $1,000,000 of 

19 amounts made available under this Act to 

20 transport and place large trees in streams on 

21 Federal, State, or private land to improve the 

22 quality of fish habitat, as the Secretary deter23 mines necessary. 

24 ‘‘SEC. 103. MANAGEMENT OF FORESTRY EMPHASIS AREAS. 

25 ‘‘(a) MANAGEMENT ACTIONS.— 


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1 ‘‘(1) IN GENERAL.—Silvicultural activities shall 

2 be conducted in a forestry emphasis area, and the 

3 forestry emphasis area shall be managed, in accord4 ance with this section. 

5 ‘‘(2) MANAGEMENT ACTIONS.—Management ac6 tions shall be considered in the environmental im7 pact statement required under the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

9 and section 104(a). 

10 ‘‘(b) DETERMINATION OF MOIST FORESTS AND DRY

11 FORESTS.— 

12 ‘‘(1) IN GENERAL.—During the 10-year period 

13 beginning on the date of enactment of the Oregon 

14 and California Land Grant Act of 2013, the moist 

15 and dry forests shall be determined as depicted on 

16 the map entitled ‘O&C Land Grant Act of 2013: 

17 Moist Forests and Dry Forests’, and dated Novem18 ber 18, 2013, except that plant associations and 

19 plant association groups may be used to adjust the 

20 dry and moist forest assignments in specific loca21 tions based on an on-the-ground field examination 

22 by the Secretary. 

23 ‘‘(2) REDESIGNATION.—Not later than 10 years 

24 after the date of enactment of the Oregon and Cali25 fornia Land Grant Act of 2013 and every 10 years 


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1 thereafter, the Secretary shall reevaluate the initial 

2 assignments of land areas in moist forest and dry 

3 forest categories in forestry emphasis areas under 

4 paragraph (1) based on— 

5 ‘‘(A) plant association groups; and 

6 ‘‘(B) the criteria described in this sub7 section. 

8 ‘‘(3) MOIST FORESTS.—For purposes of this 

9 subsection, moist forests generally— 

10 ‘‘(A) experience infrequent wildfires at in11 tervals of 1 to several centuries, including ex12 tensive areas in which fire severity results in 

13 stand-replacement conditions; and 

14 ‘‘(B) include the following plant associa15 tion groups: 

16 ‘‘(i) the Western Hemlock (Tsuga 

17 heterophylla) series; 

18 ‘‘(ii) the Sitka Spruce (Picea 

19 sitchensis) series; 

20 ‘‘(iii) the Western Redcedar (Thuja 

21 plicata) series; 

22 ‘‘(iv) the Pacific Silver Fir (Abies 

23 amabilis) series; 

24 ‘‘(v) the Mountain Hemlock (Tsuga 

25 mertensiana) series; 


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1 ‘‘(vi) the Subalpine Fir-Engelmann 

2 Spruce (Abies lasiocarpa-Picea 

3 engelmannii) series; 

4 ‘‘(vii) the Tanoak (Lithocarpus 

5 densiflorus) series; 

6 ‘‘(viii) the Moist Grand Fir (Abies 

7 grandis) plant association group; and 

8 ‘‘(ix) the Moist White Fir (Abies 

9 concolor) plant association group. 

10 ‘‘(4) DRY FORESTS.—For purposes of this sub11 section, dry forests generally— 

12 ‘‘(A) experience relatively frequent and 

13 predominantly low- and mixed-severity fires; 

14 and 

15 ‘‘(B) include the following plant associa16 tion groups: 

17 ‘‘(i) the Moist Grand Fir (Abies 

18 grandis) plant association group; 

19 ‘‘(ii) the Moist White Fir (Abies 

20 concolor) plant association group; 

21 ‘‘(iii) the Ponderosa Pine (Pinus pon22 derosa) series; 

23 ‘‘(iv) the Oregon White Oak (Quercus 

24 garryana) series; 


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1 ‘‘(v) the Douglas-fir (Pseudotsuga 

2 menziesii) series; 

3 ‘‘(vi) the Jeffrey Pine (Pinus jeffreyi) 

4 series; 

5 ‘‘(vii) the Dry Grand Fir (Abies 

6 grandis) plant association group; and 

7 ‘‘(viii) the Dry White Fir (Abies 

8 concolor) plant association group. 

9 ‘‘(5) MIXED FORESTS.— 

10 ‘‘(A) IN GENERAL.—For purposes of this 

11 Act, a site characterized as a Moist Grand Fir 

12 or a Moist White Fir plant association group 

13 may be considered moist forest or dry forest 

14 based on the condition of the land, landscape 

15 context, and management goals. 

16 ‘‘(B) MIXED FORESTS.—On a site at which 

17 dry and moist forests combine and are not 

18 readily separated, management shall be based 

19 on the dominant type in terms of area. 

20 ‘‘(6) ADMINISTRATION.—In carrying out this 

21 subsection, the Secretary shall— 

22 ‘‘(A) provide the public a period of not less 

23 than 60 days to comment on the redesignation 

24 of moist forests and dry forests; and 


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1 ‘‘(B) redesignate moist forests and dry for2 ests once every 10 years. 

3 ‘‘(c) VEGETATION TREATMENTS.— 

4 ‘‘(1) IN GENERAL.—Vegetation treatments shall 

5 be developed consistent with this subsection. 

6 ‘‘(2) NO SIGNIFICANT NEGATIVE EFFECTS.—A 

7 vegetation treatment under this section shall be— 

8 ‘‘(A) considered in the environmental im9 pact statement required under the National En10 vironmental Policy Act of 1969 (42 U.S.C. 

11 4321 et seq.) and section 104(a); and 

12 ‘‘(B) designed to produce no significant 

13 negative effects on— 

14 ‘‘(i) cultural sites of federally recog15 nized Indian tribes; 

16 ‘‘(ii) inventoried roadless areas; 

17 ‘‘(iii) the existing integrity of archeo18 logical sites; 

19 ‘‘(iv) highly erodible land; 

20 ‘‘(v) wetland under the jurisdiction of 

21 the Corps of Engineers or delineated by 

22 the Natural Resources Conservation Serv23 ice; and 

24 ‘‘(vi) species listed as endangered or 

25 threatened species under the Endangered 


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1 Species Act of 1973 (16 U.S.C. 1531 et 

2 seq.), unless incidental take statements 

3 have been issued for the listed species. 

4 ‘‘(3) ATTAINING NO SIGNIFICANT NEGATIVE EF5 FECTS.—A proposed silvicultural treatment on land 

6 described in clauses (i) through (v) of paragraph 

7 (2)(B) shall seek to produce no significant negative 

8 impact primarily by— 

9 ‘‘(A) not harvesting trees, or operating 

10 heavy equipment, on the sites; or 

11 ‘‘(B) mitigating the impact of the treat12 ment through actions such as the capping of ar13 cheological sites with wood chips, except that 

14 relying on mitigation measures to achieve no 

15 significant negative impact may only be used in16 frequently for timber sales. 

17 ‘‘(4) NORTHERN SPOTTED OWLS.—A vegetation 

18 treatment analyzed as part of the environmental im19 pact statement or similar analysis required under 

20 the National Environmental Policy Act of 1969 (42 

21 U.S.C. 4321 et seq.) and section 104(a) for land 

22 identified by the Secretary as part of northern spot23 ted owl recovery plan Action 10 or 32 can only occur 

24 if the Secretary, acting through the United States 


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1 Fish and Wildlife Service, releases an opinion that 

2 the proposed vegetative treatment is— 

3 ‘‘(A) compatible with requirements under 

4 the Endangered Species Act of 1973 (16 U.S.C. 

5 1531 et seq.) for the northern spotted owl, con6 sidered over the long-term; or 

7 ‘‘(B) necessary to address a severe threat 

8 of disease, insects, or fire. 

9 ‘‘(5) WATER QUALITY.— 

10 ‘‘(A) IN GENERAL.—In addition to stand11 ards under any applicable environmental law, a 

12 vegetation treatment for a timber sale under 

13 this section shall be designed so that the sale 

14 does not result in measurable, significant nega15 tive impacts on water quality. 

16 ‘‘(B) DETERMINATION POINTS.—For the 

17 purposes of assessing potential negative impacts 

18 on water quality under this section from vegeta19 tion treatments, the Secretary shall only con20 sider water quality— 

21 ‘‘(i) at the time of the determination 

22 to determine the present condition; and 

23 ‘‘(ii) at a time that is 5 years after 

24 the date of the initial determination and 


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1 that is at least 2 years after the date of 

2 the timber sale. 

3 ‘‘(6) NEST TREES.— 

4 ‘‘(A) IN GENERAL.—No nest tree shall be 

5 cut in a forestry emphasis area unless the nest 

6 tree poses a repeated, imminent threat to the 

7 safety of the public or employees of the Depart8 ment. 

9 ‘‘(B) SURVEYS.— 

10 ‘‘(i) IN GENERAL.—Not earlier than 

11 180 days before the date the Secretary 

12 plans to offer a timber sale in a forestry 

13 emphasis area, the Secretary shall survey 

14 the timber sale area to locate potential 

15 nest trees that the Secretary has not lo16 cated. 

17 ‘‘(ii) DURATION.—The duration of the 

18 survey shall be such that the Secretary 

19 shall have an employee survey for nest 

20 trees at a rate of 1 day for each 100 acres 

21 of the timber sale. 

22 ‘‘(C) INFORMATION FROM PUBLIC.—Dur23 ing the 14-day period beginning on the date a 

24 consistency document required under section 

25 104(d) is completed for a project, the Secretary 


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1 shall accept information from the public con2 cerning the location of nest trees. 

3 ‘‘(D) PROTECTIONS.—The Secretary shall 

4 ensure that the protections required under this 

5 Act are provided for verified nest trees. 

6 ‘‘(7) MARBLED MURRELET HABITAT.—Con7 sistent with the Endangered Species Act of 1973 (16 

8 U.S.C. 1531 et seq.), if the harvest of timber within 

9 a limited area of marbled murrelet habitat would 

10 provide benefits to a forest ecosystem (including the 

11 increased diversity of stand structure, composition, 

12 and age and reducing the scarcity of early succes13 sional habitat), the harvest may occur if the Sec14 retary confers with the Director of the United States 

15 Fish and Wildlife Service in selecting areas within 

16 marbled murrelet habitat in which timber harvests 

17 may occur. 

18 ‘‘(8) SUSTAINED YIELD.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall, 

20 to the maximum extent practicable, provide a 

21 sustained yield of timber harvest, averaged over 

22 a 10-year period, from the forestry emphasis 

23 area, that is calculated assuming an ecological 

24 forestry approach, unless the action will have 


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1 severe adverse environmental, economic, or so2 cial consequences. 

3 ‘‘(B) SUSTAINED YIELD CALCULATION.— 

4 The Secretary shall calculate the sustained yield 

5 for a 50-year period as part of the environ6 mental impact statement required under the 

7 National Environmental Policy Act of 1969 (42 

8 U.S.C. 4321 et seq.) and section 104(a). 

9 ‘‘(C) RESERVED AREAS.—In calculating 

10 the sustained yield from a forestry emphasis 

11 area, the Secretary shall not include the volume 

12 of timber that could be offered from reserved 

13 areas, such as conservation emphasis areas. 

14 ‘‘(d) MANAGEMENT OF MOIST FORESTS.— 

15 ‘‘(1) IN GENERAL.—Forestry emphasis areas 

16 that are designated as moist forests under this sec17 tion shall be managed in accordance with the prin18 ciples of ecological forestry (including principles re19 lating to variable retention regeneration harvests) 

20 described in paragraph (2). 

21 ‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES FOR

22 MOIST FORESTS.—The ecological forestry principles 

23 referred to in paragraph (1) include— 

24 ‘‘(A) the retention of old growth; 


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1 ‘‘(B) the seeking of opportunities to retain 

2 older trees if practicable; 

3 ‘‘(C) the acceleration of the development of 

4 structural complexity, including spatial hetero5 geneity, in younger stands, through the use of 

6 diverse silvicultural approaches, such as vari7 able density and clump-based prescriptions; 

8 ‘‘(D) the implementation of variable reten9 tion regeneration harvesting activities that retain approximately 1 10 ⁄3 of the live basal area of 

11 the forest within the harvest area, primarily in 

12 aggregates, including riparian and other re13 serves and dispersed individual and small clus14 ters of conifers and hardwoods within the har15 vest area unit, a portion of which may be used 

16 for snag creation, except that old growth stands 

shall not be considered as part of the 1 17 ⁄3 basal 

18 area retention; 

19 ‘‘(E) the development and maintenance of 

20 early seral ecosystems with diverse species fol21 lowing harvesting activities through the use of 

22 less intense approaches to site preparation and 

23 tree regeneration and nurturing of diverse early 

24 seral ecosystems; 


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1 ‘‘(F) the use of rotations of sufficient 

2 length to allow stands to redevelop with levels 

3 of structural complexity and biodiversity char4 acteristics of late-successional stands, but when 

5 the stands reach the rotation age of the stands, 

6 the stands will be regenerated through variable7 retention harvesting; and 

8 ‘‘(G) the establishment of a silvicultural 

9 system that includes the development and man10 agement of multiaged, mixed-species stands on 

11 harvest rotation periods of 80 to 120 years. 

12 ‘‘(3) VARIABLE RETENTION REGENERATION.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 designate not less than 8 percent and not more 

15 than 12 percent of the moist forests described 

16 in paragraph (1) as land on which the Sec17 retary shall carry out variable retention regen18 eration harvesting activities, consistent with 

19 this section, during each 10-year period in a 

20 manner consistent with the environmental im21 pact statement required under the National En22 vironmental Policy Act of 1969 (42 U.S.C. 

23 4321 et seq.) and section 104(a). 

24 ‘‘(B) APPLICABILITY.—The moist forests 

25 designated as variable retention regeneration 


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1 harvest land under subparagraph (A) shall not 

2 be limited to stands that have generally reached 

3 the culmination of mean annual increment. 

4 ‘‘(4) THINNING.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 carry out thinning activities in the moist forests 

7 described in paragraph (1) to promote tree 

8 growth and ecological health and variability. 

9 ‘‘(B) GOALS.—The goal of thinning activi10 ties under this paragraph shall be to establish 

11 spatially variable stand densities and complex 

12 canopies using thinning regimes that enhance 

13 the structural and compositional diversity of the 

14 stand and individual tree development. 

15 ‘‘(C) LIMITATIONS.— 

16 ‘‘(i) IN GENERAL.—In carrying out 

17 thinning activities under this paragraph, 

18 the Secretary shall not reduce the total 

19 basal area of the stand (as determined on 

20 the date on which the thinning activities 

21 commence) by more than 50 percent. 

22 ‘‘(ii) OLD GROWTH TREES.—The Sec23 retary shall exclude old growth trees from 

24 thinning activities under this paragraph. 

25 ‘‘(e) MANAGEMENT OF DRY FORESTS.— 


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1 ‘‘(1) IN GENERAL.—Forestry emphasis areas 

2 that are designated as dry forests under this section 

3 shall be managed in accordance with ecological for4 estry principles described in paragraph (2) and, as 

5 determined necessary by the Secretary, with fire re6 siliency needs, consistent with this subsection. 

7 ‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES IN

8 DRY FORESTS.—The ecological forestry principles re9 ferred to in paragraph (1) include— 

10 ‘‘(A) the retention and improvement of the 

11 survivability of old growth trees through the re12 duction of adjacent fuels and competing vegeta13 tion to promote resilience against mortality 

14 from insects, disease, and fire; 

15 ‘‘(B) the retention and protection of impor16 tant structures such as large hardwoods, snags, 

17 and logs; 

18 ‘‘(C) the reduction of overall stand den19 sities through partial cutting in an effort to— 

20 ‘‘(i) reduce basal areas to desired lev21 els, particularly in overstocked stands; 

22 ‘‘(ii) increase the mean stand diame23 ter; 

24 ‘‘(iii) shift the composition of stands 

25 to fire- and drought-tolerant species; and 


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1 ‘‘(iv) retain older trees for replace2 ment purposes; 

3 ‘‘(D) the restoration of spatial hetero4 geneity through the variation of the treatment 

5 of stands, such as by leaving untreated patches, 

6 creating openings of not more than 2.5 acres, 

7 and establishing tree clumps and isolated single 

8 trees; 

9 ‘‘(E) the establishment of new tree cohorts 

10 of shade-intolerant species in created openings, 

11 generally varying in size between 0.2 and 2.5 

12 acres; 

13 ‘‘(F) the harvesting of timber during the 

14 restoration process; 

15 ‘‘(G) the maintenance of sustainable and 

16 fire-resilient conditions in perpetuity through 

17 active management of the dry forests in accord18 ance with this subsection, including the treat19 ment of activity fuels and the restoration of his20 toric levels of surface fuels and understory vege21 tation using prescribed fire and mechanical ac22 tivities; 

23 ‘‘(H) the planning and implementation of 

24 activities at the landscape level to maintain not 

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1 scape-scale patches to provide greater forest 

2 density for endangered and threatened species 

3 and their prey; and 

4 ‘‘(I) the retention of a basal area after a 

5 partial cut that is not less than 35 percent of 

6 the initial basal area of the sale area. 

7 ‘‘(3) FIRE RESILIENCY.— 

8 ‘‘(A) VEGETATION TREATMENT NEAR

9 RESIDENCES.— 

10 ‘‘(i) IN GENERAL.—For a forestry em11 phasis area that is designated as a dry for12 est under this section and located within 

13 .25 miles of a residence, the primary pur14 pose of any vegetation treatment carried 

15 out by the Secretary on that land shall be 

16 to manage fuel loadings to reduce the risk 

17 to the residence posed by wildfire. 

18 ‘‘(ii) ADMINISTRATION.— 

19 ‘‘(I) IN GENERAL.—In carrying 

20 out vegetation treatment activities on 

21 land described in clause (i), the Sec22 retary shall— 

23 ‘‘(aa) cut and remove trees 

24 and brush to eliminate the 

25 vertical continuity of vegetative 


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1 fuels and the horizontal con2 tinuity of tree crowns for the 

3 purpose of reducing flammable 

4 materials and maintaining a 

5 shaded fuelbreak to reduce fire 

6 spread, duration, and intensity; 

7 and 

8 ‘‘(bb) treat surface fuels (in9 cluding activity fuels, low brush, 

10 and deadwood) on that land that 

11 could promote the spread of wild12 fire in a manner designed to 

13 achieve an average of a 4-foot 

14 maximum flame length under av15 erage severe fire weather condi16 tions. 

17 ‘‘(II) TIMBER SALES.—If a timber sale is planned within 1 18 ⁄2 mile of 

19 a residence, the Secretary is encour20 aged to carry out vegetation treat21 ment activities on that Federal land 

22 at the same time as the timber sale. 

23 ‘‘(III) COUNTY ACTIONS.—A 

24 county may carry out a fuel reduction 

25 project on the land described in clause 


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1 (i) in a manner consistent with sub2 clause (I) if— 

3 ‘‘(aa) the county notifies the 

4 Secretary of the intent of the 

5 county to carry out the project, 

6 including a description of the 

7 project and duration of the 

8 project; 

9 ‘‘(bb) the Secretary deter10 mines the project is consistent 

11 with this Act and is in the best 

12 interest of the public; and 

13 ‘‘(cc) the county carries out 

14 the project using county funds, 

15 which may include amounts made 

16 available to the county under this 

17 Act. 

18 ‘‘(iii) PRIORITIZATION.—In prioritiz19 ing fire resiliency projects under this sub20 paragraph, the Secretary or the county 

21 may use project recommendations received 

22 from a resource advisory council or de23 scribed in a community wildfire protection 

24 plan. 


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1 ‘‘(B) PRIVATE LANDOWNER ACTIONS ON

2 FEDERAL LAND.— 

3 ‘‘(i) IN GENERAL.—A person may 

4 enter and treat any forestry emphasis area 

5 that is designated as a dry forest under 

6 this section that is located within 100 feet 

7 of the residence of that person without a 

8 permit from the Secretary if— 

9 ‘‘(I) the treatment is carried out 

10 at the expense of the person; 

11 ‘‘(II) the person notifies the Sec12 retary of the intent to treat that land; 

13 and 

14 ‘‘(III) the person carries out the 

15 treatment activities in accordance 

16 with clause (iii). 

17 ‘‘(ii) NOTICE.— 

18 ‘‘(I) IN GENERAL.—Not less than 

19 30 days before beginning to treat land 

20 described in clause (i), the person 

21 shall notify the Secretary of the inten22 tion of that person to treat that land. 

23 ‘‘(II) COMMENCEMENT.—Not 

24 less than 15 days before the date of 

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1 tions, the person shall notify the Sec2 retary before beginning the treatment. 

3 ‘‘(iii) APPLICABILITY.—A person 

4 treating land described in clause (i) shall 

5 carry out the treatment as follows: 

6 ‘‘(I) No dead tree, nest tree, old 

7 growth, or tree greater than 24 inches 

8 in diameter shall be cut. 

9 ‘‘(II) Any residual trees shall be 

10 pruned— 

11 ‘‘(aa) to a height of the less12 er of 10 feet or 50 percent of the 

13 crown height of the tree; and 

14 ‘‘(bb) such that all parts of 

15 the tree are at not less than 10 

16 feet away from the residence. 

17 ‘‘(III) Vegetation shall be cut 

18 such that— 

19 ‘‘(aa) less flammable species 

20 are favored for retention; and 

21 ‘‘(bb) the adequate height 

22 and spacing between bushes and 

23 trees are maintained. 

24 ‘‘(IV) No herbicide or insecticide 

25 application shall be used. 


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1 ‘‘(V) All slash created from treat2 ment activities under this subpara3 graph shall be removed or treated not 

4 later than 60 days after the date on 

5 which the slash is created. 

6 ‘‘(f) WATER PROTECTION IN FORESTRY EMPHASIS

7 AREAS.— 

8 ‘‘(1) RIPARIAN RESERVE AND BUFFER SYS9 TEM.— 

10 ‘‘(A) IN GENERAL.—In carrying out the 

11 aquatic conservation strategy in forestry em12 phasis areas, the Secretary shall establish ripar13 ian reserves that— 

14 ‘‘(i) in the case of land located along 

15 a fish-bearing stream, are 1 site-potential 

16 tree height or 150 feet slope distance, 

17 whichever is greater; 

18 ‘‘(ii) in the case of land located along 

19 a permanently flowing nonfish-bearing 

stream, are 1 20 ⁄2 of a site-potential tree 

21 height or 75 feet slope distance, whichever 

22 is greater; 

23 ‘‘(iii) in the case of land located along 

24 a seasonally flowing or intermittent 

25 stream, are whichever is greater among— 


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1 ‘‘(I) the stream channel to the 

2 top of the inner gorge and out to the 

3 edge of the riparian vegetation; 

‘‘(II) a distance of 1 4 ⁄2 of a site5 potential tree height; or 

6 ‘‘(III) 75-feet slope distance; 

7 ‘‘(iv) in the case of a wetland greater 

8 than 1 acre, a lake, or a natural pond, are 

9 whichever is greater among— 

10 ‘‘(I) the body of water and land 

11 located along the wetland, lake, or 

12 pond to the outer edges of riparian 

13 vegetation; 

14 ‘‘(II) a distance of 2 site-poten15 tial tree height; or 

16 ‘‘(III) 300-feet slope distance; 

17 ‘‘(v) in the case of a constructed pond 

18 or a reservoir, are the area from the max19 imum pool elevation to a distance equal to 

20 the height of 1 site-potential tree or 150- 

21 feet slope distance, whichever is greater; 

22 and 

23 ‘‘(vi) in the case of a wetland that is 

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1 tially unstable area, are whichever is great2 er among— 

3 ‘‘(I) the extent of the unstable 

4 and potentially unstable area or the 

5 wetland less than 1 acre, as applica6 ble, to the outer edges of the riparian 

7 vegetation; 

8 ‘‘(II) a distance of 1 site-poten9 tial tree height; or 

10 ‘‘(III) 150-feet slope distance. 

11 ‘‘(B) NONFISH-BEARING STREAMS.— 

12 ‘‘(i) IN GENERAL.—For a nonfish13 bearing stream, the Secretary shall establish a buffer of an additional 1 14 ⁄2 of a site15 potential tree height or 75 feet slope dis16 tance, whichever is greater, which buffer 

17 shall be available for timber management 

18 using ecological forestry principles while 

19 maintaining wood delivery to streams. 

20 ‘‘(ii) RESTRICTIONS.— 

21 ‘‘(I) IN GENERAL.—A timber 

22 harvest on the buffer land described 

23 in clause (i) shall be— 


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1 ‘‘(aa) conducted in accord2 ance with the principles of eco3 logical forestry; and 

4 ‘‘(bb) be limited to stands 

5 less than or equal to 80 years of 

6 age. 

7 ‘‘(II) SPECIAL RULE FOR DRY

8 FORESTS.— 

9 ‘‘(aa) IN GENERAL.—Sub10 ject to item (bb), in dry forests, 

11 timber harvest may occur in a 

12 stand that exceeds 80 years of 

13 age if the harvest is carried out 

14 for a compelling ecological rea15 son, such as to protect the stand 

16 from insect outbreak or destruc17 tive wildfire. 

18 ‘‘(bb) OLD GROWTH

19 TREES.—An old growth tree shall 

20 not be included in a timber har21 vest under item (aa). 

22 ‘‘(2) WATERSHED ANALYSIS.— 

23 ‘‘(A) IN GENERAL.—Not later than 90 

24 days after the date of enactment of the Oregon 

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1 entific committee established by the Secretary 

2 shall develop criteria to be used in carrying out 

3 a watershed analysis for forestry emphasis 

4 areas. 

5 ‘‘(B) SCIENTIFIC COMMITTEE.— 

6 ‘‘(i) IN GENERAL.—The committee es7 tablished under subparagraph (A) shall be 

8 comprised of 5 individuals who— 

9 ‘‘(I) are not full-time employees 

10 of the Bureau of Land Management; 

11 and 

12 ‘‘(II) have expertise relating to 

13 aquatic and riparian ecosystems. 

14 ‘‘(ii) ADMINISTRATION.—The Federal 

15 Advisory Committee Act (5 U.S.C. App.) 

16 shall not apply to the committee estab17 lished under this paragraph. 

18 ‘‘(C) CRITERIA.—The criteria developed 

19 under subparagraph (A) shall include at a min20 imum— 

21 ‘‘(i) the importance of the streams to 

22 salmon populations; 

23 ‘‘(ii) the impacts of thermal loading; 

24 ‘‘(iii) water quality; and 


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1 ‘‘(iv) the potential for the delivery or 

2 deposition of sediment and wood from 

3 upslope sources. 

4 ‘‘(D) DEVELOPMENT OF WATERSHED

5 ANALYSIS.— 

6 ‘‘(i) IN GENERAL.—The Secretary 

7 shall use the criteria established by the sci8 entific committee to determine the ecologi9 cal importance of fish-bearing streams and 

10 nonfish-bearing streams. 

11 ‘‘(ii) PUBLIC INFORMATION.—The 

12 Secretary shall make the determinations 

13 described in clause (i) available to the pub14 lic at the time the Secretary submits the 

15 report to the scientific committee. 

16 ‘‘(E) REVIEW OF SCIENTIFIC COM17 MITTEE.— 

18 ‘‘(i) IN GENERAL.—Not later than 

19 210 days after the date of enactment of 

20 the Oregon and California Land Grant Act 

21 of 2013, the Secretary shall submit to the 

22 scientific committee established under sub23 paragraph (B) a watershed analysis that 

24 includes the fish-bearing streams and 


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1 nonfish-bearing streams in key watersheds 

2 categorized by ecological importance. 

3 ‘‘(ii) COMMENTS BY SCIENTIFIC COM4 MITTEE.—Not later than 240 days after 

5 the date of enactment of the Oregon and 

6 California Land Grant Act of 2013, the 

7 scientific committee shall submit comments 

8 to the Secretary on the determinations 

9 made by the Secretary of the ecological im10 portance of the streams within the covered 

11 area. 

12 ‘‘(iii) CRITERIA.—The scientific com13 mittee shall use only the criteria estab14 lished under subparagraph (C) to evaluate 

15 the determinations made by the Secretary. 

16 ‘‘(iv) PUBLIC AVAILABILITY.—On re17 ceipt by the Secretary, the comments sub18 mitted by the scientific committee shall be 

19 made publically available. 

20 ‘‘(F) INCLUSION IN THE DRAFT ENVIRON21 MENTAL IMPACT STATEMENT.— 

22 ‘‘(i) IN GENERAL.—The Secretary 

23 shall— 


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1 ‘‘(I) revise the watershed anal2 ysis, as the Secretary considers nec3 essary; and 

4 ‘‘(II) consider the comments sub5 mitted by the scientific committee. 

6 ‘‘(ii) REVISED WATERSHED ANAL7 YSIS.—The revised watershed analysis 

8 shall be used in preparing and included in 

9 whole in each draft environmental impact 

10 statement developed under section 

11 104(a)(1). 

12 ‘‘(G) OTHER APPLICABILITY.—The results 

13 of the watershed analysis shall be available for 

14 use in conservation efforts on other Federal 

15 land and on non-Federal land. 

16 ‘‘(3) REVISION OF RIPARIAN BUFFER SYS17 TEM.— 

18 ‘‘(A) IN GENERAL.—In accordance with 

19 the watershed analysis, the Secretary shall re20 vise the riparian reserves on the forestry em21 phasis areas. 

22 ‘‘(B) USE.—The revisions shall be re23 flected in— 

24 ‘‘(i) the initial environmental impact 

25 statements prepared under the National 


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1 Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.) and section 104(a); 

3 and 

4 ‘‘(ii) each subsequent 10-year environ5 mental impact statement. 

6 ‘‘(C) REVISIONS.—The Secretary shall re7 vise the riparian buffer system as follows: 

8 ‘‘(i) For a riparian reserve located 

9 along a fish-bearing stream, lake, or wet10 land, that the Secretary determines, based 

11 on the watershed analysis, to be of mini12 mal ecological importance, the size of the 

13 riparian reserve shall be 100 feet slope dis14 tance. 

15 ‘‘(ii) For a riparian reserve located 

16 along a nonfish-bearing stream, lake, or 

17 wetland that the Secretary determines, 

18 based on the watershed analysis, to be of 

19 minimal ecological importance, the size of 

20 the riparian reserve shall be 50 feet slope 

21 distance. 

22 ‘‘(iii) For a riparian reserve located 

23 along a fish-bearing or nonfish-bearing 

24 stream, lake, or wetland that the Secretary 

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1 ysis, to be of significant ecological impor2 tance, the size of the riparian reserve shall 

3 be 1 site-potential tree height or 150 feet 

4 slope distance, whichever is greater. 

5 ‘‘(iv) The total amount of riparian re6 serves within each 5th-level hydrologic unit 

7 code watershed in the forestry emphasis 

8 areas shall equal at least 75 percent and 

9 not more than 125 percent of the previous 

10 riparian reserves established under para11 graph (1). 

12 ‘‘(D) RIPARIAN BUFFERS FOR MANAGE13 MENT.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 shall establish buffers for the riparian re16 serves described in clauses (i) and (ii) of 

17 subparagraph (C) that extend out to 1-site 

18 potential tree. 

19 ‘‘(ii) MANAGEMENT.—The buffers 

20 shall be managed in the same manner as 

21 the buffers described in paragraph (1)(B). 

22 ‘‘(E) MANAGEMENT.—The Secretary shall 

23 manage the revised riparian reserve areas de24 scribed in subparagraph (D) in accordance with 

25 the following standards: 


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1 ‘‘(i) Timber harvest within riparian 

2 reserves shall be restricted to thinning 

3 stands less than or equal to 80 years of 

4 age to achieve the goals of the aquatic con5 servation strategy. 

6 ‘‘(ii) Timber harvest, roads, grazing, 

7 mining, recreation, and all other activities 

8 shall be compatible with achievement of 

9 the goals of the aquatic conservation strat10 egy in order to occur. 

11 ‘‘(iii) Riparian-dependent and stream 

12 resources shall receive primary emphasis in 

13 riparian reserve landscapes. 

14 ‘‘(4) EXCEPTION.—Forestry emphasis areas 

15 designated as ‘Drinking Water Emphasis Area’ and 

16 depicted as such on the maps entitled ‘O&C Land 

17 Grant Act of 2013: McKenzie Drinking Water Area’, 

18 ‘O&C Land Grant Act of 2013: Hillsboro Drinking 

19 Water Area’, ‘O&C Land Grant Act of 2013: 

20 Clackamas Drinking Water Area’, and ‘O&C Land 

21 Grant Act of 2013: Springfield Drinking Water 

22 Area’ and dated November 18, 2013, and riparian 

23 areas within key watersheds shall not be subject to 

24 this subsection but shall instead be subject to section 

25 105(c). 


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1 ‘‘(g) PRIORITIZATION.— 

2 ‘‘(1) SELECTION OF AREAS TO TREAT IN THE

3 FIRST 10 YEARS.— 

4 ‘‘(A) IN GENERAL.—Not later than 150 

5 days after the date of enactment of the Oregon 

6 and California Land Grant Act of 2013, the 

7 Secretary shall select locations in forestry em8 phasis areas in which the Secretary intends to 

9 harvest timber during— 

10 ‘‘(i) the 10-year period covered by the 

11 environmental impact statement prepared 

12 under the requirements of the National 

13 Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.) and 104(a); and 

15 ‘‘(ii) each subsequent 10-year period 

16 covered by an environmental impact state17 ment. 

18 ‘‘(B) PRIORITIZATION PLAN FOR FOR19 ESTRY EMPHASIS AREAS.—The areas selected 

20 under subparagraph (A) shall reflect a 

21 prioritization plan and harvest levels, including 

22 the sustained yield, identified in the environ23 mental impact statement prepared under the re24 quirements of the National Environmental PolVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6401 E:\BILLS\S1784.RS S1784

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1 icy Act of 1969 (42 U.S.C. 4321 et seq.) and 

2 section 104(a). 

3 ‘‘(C) PUBLIC COMMENT.—The Secretary 

4 shall seek public comments for 45 days on the 

5 selection of the areas under subparagraph (A). 

6 ‘‘(D) INCLUSION IN THE DRAFT ENVIRON7 MENTAL IMPACT STATEMENT.— 

8 ‘‘(i) IN GENERAL.—The Secretary 

9 shall revise the prioritization plan for for10 estry emphasis areas, as the Secretary con11 siders necessary, based on the public com12 ments received. 

13 ‘‘(ii) REVISED PRIORITIZATION

14 PLAN.—The revised prioritization plan for 

15 forestry emphasis areas shall be used in 

16 preparing and included in whole in each 

17 draft environmental impact statement de18 veloped under the National Environmental 

19 Policy Act of 1969 (42 U.S.C. 4321 et 

20 seq.) and section 104(a). 

21 ‘‘(2) LANDSCAPE PLANS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 develop plans for the moist forest portions of 

24 the forestry emphasis area and dry forest por25 tions of the covered area. 


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1 ‘‘(B) MOIST FOREST LANDSCAPE PLAN.— 

2 The plans described in subparagraph (A) shall 

3 include— 

4 ‘‘(i) landscape level plans showing the 

5 areas of the moist forest landscapes that 

6 will result in distribution of variable reten7 tion regeneration harvests to ensure de8 sired placement and the appropriate scale 

9 of implementation; and 

10 ‘‘(ii) areas that will, in the case of a 

11 moist forest site, accelerate development of 

12 complex forest structure, including oppor13 tunities to create spatial heterogeneity 

14 (such as creating skips and gaps), in a 

15 young stand that has a canopy that has— 

16 ‘‘(I) closed; and 

17 ‘‘(II) been simplified through 

18 past management. 

19 ‘‘(C) DRY FOREST LANDSCAPE PLAN.— 

20 ‘‘(i) IN GENERAL.—The dry forest 

21 plans described in subparagraph (A) shall 

22 include— 

23 ‘‘(I) a landscape level plan show24 ing the areas of any dry forest land25 scape that will be left in a denser conVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6401 E:\BILLS\S1784.RS S1784

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1 dition for the first 30 years after the 

2 date of enactment of the Oregon and 

3 California Land Grant Act of 2013; 

4 ‘‘(II) the areas of any dry forest 

5 that may be considered for thinning 

6 or restoration treatments beginning 

7 on the date that is 30 years after the 

8 date of enactment of the Oregon and 

9 California Land Grant Act of 2013; 

10 and 

11 ‘‘(III) areas that will, in the case 

12 of a dry forest site— 

13 ‘‘(aa) minimize and reduce 

14 the risk of unnaturally severe fire 

15 and insect outbreaks, particularly 

16 if critical components and values 

17 are at risk, including— 

18 ‘‘(AA) communities in 

19 the wildland-urban interface 

20 (as defined in section 101 of 

21 the Healthy Forests Res22 toration Act of 2003 (16 

23 U.S.C. 6511)); and 

24 ‘‘(BB) valuable forest 

25 structures, such as old 


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1 growth and oak savannas 

2 that are in need of restora3 tion or are in danger from 

4 potential fire risk; or 

5 ‘‘(bb) restore historical 

6 structure and composition and 

7 improve fire resiliency. 

8 ‘‘(ii) REEVALUATION.—The areas de9 scribed in clause (i)(I) shall be reevaluated 

10 in the subsequent comprehensive environ11 mental impact statements required under 

12 section 104(a). 

13 ‘‘(D) COLLABORATION IN DEVELOPING

14 PLANS.—The Secretary shall develop the plans 

15 described in subparagraph (A) in coordination 

16 with the Director of the United States Fish and 

17 Wildlife Service to ensure the plans comply with 

18 the Endangered Species Act of 1973 (16 U.S.C. 

19 1531 et seq.). 

20 ‘‘(E) DRAFT PLANS AVAILABLE FOR PUB21 LIC COMMENT.—Not later than 150 days after 

22 the date of enactment of the Oregon and Cali23 fornia Land Grant Act of 2013, the Secretary 

24 shall make a draft of the plans described in 


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1 subparagraph (A) available for public comment 

2 for 45 days. 

3 ‘‘(F) INCLUSION IN THE DRAFT ENVIRON4 MENTAL IMPACT STATEMENT.— 

5 ‘‘(i) IN GENERAL.—The Secretary 

6 shall revise landscape plans, as the Sec7 retary considers necessary, based on the 

8 public comments received. 

9 ‘‘(ii) REVISED LANDSCAPE PLANS.— 

10 The revised landscape plans shall be used 

11 in preparing and included in whole in the 

12 draft environmental impact statement de13 veloped under the National Environmental 

14 Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.) and section 104(a). 

16 ‘‘SEC. 104. STREAMLINED PROCEDURES. 

17 ‘‘(a) COMPREHENSIVE ENVIRONMENTAL IMPACT

18 STATEMENT.— 

19 ‘‘(1) IN GENERAL.—Not later than 18 months 

20 after the date of enactment of the Oregon and Cali21 fornia Land Grant Act of 2013, the Secretary shall 

22 complete— 

23 ‘‘(A) a large-scale comprehensive environ24 mental impact statement in accordance with the 

25 National Environmental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.) for the moist forest in the 

2 forestry emphasis area; and 

3 ‘‘(B) a large-scale comprehensive environ4 mental impact statement in accordance with the 

5 National Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.) for the dry forest in the 

7 forestry emphasis area. 

8 ‘‘(2) PERIOD.—The environmental impact 

9 statements required under paragraph (1) shall cover 

10 the 10-year period beginning on the date on which 

11 the record of decision for the environmental impact 

12 statement is issued. 

13 ‘‘(3) INDIVIDUAL PROJECTS.—The final com14 prehensive environmental impact statement shall be 

15 used for individual projects during the 10-year pe16 riod described in paragraph (2). 

17 ‘‘(4) ADDITIONAL ANALYSIS.—No additional 

18 analysis under the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.) shall be re20 quired for individual projects under this Act unless 

21 explicitly required by this Act or there exists clear 

22 and convincing evidence regarding significant ad23 verse environmental impacts of the project that were 

24 not considered in the comprehensive environmental 

25 impact statements. 


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1 ‘‘(5) EFFECTIVE DATE OF EACH ENVIRON2 MENTAL IMPACT STATEMENT.—After the initial 

3 comprehensive environmental impact statement de4 veloped under paragraph (1), each subsequent com5 prehensive environmental impact statement shall be 

6 prepared and be in effect for the 10-period begin7 ning on the date on which the previous environ8 mental impact statement expires. 

9 ‘‘(b) CRITERIA AND PARAMETERS OF THE ENVIRON10 MENTAL IMPACT STATEMENT.— 

11 ‘‘(1) IN GENERAL.—Each environmental impact 

12 statement developed under subsection (a) shall ana13 lyze 3 alternatives, including— 

14 ‘‘(A) 1 no-action alternative; and 

15 ‘‘(B) 2 other alternatives that are con16 sistent the management prescriptions and this 

17 Act for the forest type. 

18 ‘‘(2) LIMITATIONS.— 

19 ‘‘(A) IN GENERAL.—The analysis of effects 

20 of each environmental impact statement de21 scribed in subsection (a)(1) shall be limited to 

22 the effects of the actions authorized under sec23 tion 103 that are consistent with the forest 

24 type. 

25 ‘‘(B) ANALYSIS.— 


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1 ‘‘(i) IN GENERAL.—The information 

2 contained within the timber prioritization 

3 plan, watershed analysis, dry forest land4 scape plan, and moist forest landscape 

5 plan shall— 

6 ‘‘(I) be used to develop an envi7 ronmental impact statement described 

8 in subsection (a)(1); but 

9 ‘‘(II) not be separately analyzed 

10 in an environmental impact statement 

11 described in subsection (a)(1). 

12 ‘‘(ii) ADDITIONAL ANALYSIS.—Not13 withstanding the National Environmental 

14 Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.), no analysis that is in addition to the 

16 environmental impact statement described 

17 in subsection (a)(1) shall be required 

18 under that Act for the timber prioritization 

19 plan, watershed analysis, dry forest land20 scape plan, and moist forest landscape 

21 plan. 

22 ‘‘(3) AREA INCLUDED IN ENVIRONMENTAL IM23 PACT STATEMENT.— 

24 ‘‘(A) IN GENERAL.—Each environmental 

25 impact statement shall cover the area required 


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1 to be treated in section 103(d) for moist forests 

2 and section 103(e) for dry forests. 

3 ‘‘(B) DISTRIBUTION.—The requirement 

4 under subparagraph (A) shall be— 

5 ‘‘(i) distributed in a manner that is 

6 approximately equal over the 10-year pe7 riod; and 

8 ‘‘(ii) divided among the Bureau of 

9 Land Management districts in a manner 

10 that— 

11 ‘‘(I) is approximately propor12 tional to the yield that can be pro13 duced by those forests; and 

14 ‘‘(II) ensures that each Bureau 

15 of Land Management district has ade16 quate harvest and revenue to share 

17 with affected counties. 

18 ‘‘(4) SPECIFIC ENVIRONMENTAL IMPACTS.— 

19 Each environmental impact statement shall include, 

20 in addition to other necessary analysis, the impacts 

21 to— 

22 ‘‘(A) wetlands; 

23 ‘‘(B) municipal watersheds; 

24 ‘‘(C) inventoried roadless areas; 

25 ‘‘(D) Indian cultural sites; 


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1 ‘‘(E) archeological sites; and 

2 ‘‘(F) nest trees. 

3 ‘‘(c) PUBLIC NOTICE AND COMMENT; CHAL4 LENGES.— 

5 ‘‘(1) DEFINITIONS.—In this subsection: 

6 ‘‘(A) AGENCY ACTION.—The term ‘agency 

7 action’ has the meaning given the term in sec8 tion 551 of title 5, United States Code. 

9 ‘‘(B) COVERED AGENCY ACTION.—The 

10 term ‘covered agency action’ means an agency 

11 action by the Secretary relating to the manage12 ment of the forestry emphasis areas. 

13 ‘‘(C) COVERED CIVIL ACTION.—The term 

14 ‘covered civil action’ means a civil action seek15 ing judicial review of a covered agency action. 

16 ‘‘(2) PUBLIC NOTICE AND COMMENT.— 

17 ‘‘(A) NOTICE OF INTENT.— 

18 ‘‘(i) NOTICE OF INTENT.—Not later 

19 than 7 days after the date of enactment of 

20 the Oregon and California Land Grant Act 

21 of 2013, the Secretary shall publish in the 

22 Federal Register a notice of intent to pre23 pare each of the following documents: 


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1 ‘‘(I) Comprehensive environ2 mental impact statement for the moist 

3 forests. 

4 ‘‘(II) Comprehensive environ5 mental impact statement for the dry 

6 forests. 

7 ‘‘(III) Prioritization plan for the 

8 forestry emphasis area. 

9 ‘‘(IV) Watershed analysis. 

10 ‘‘(V) Dry forest landscape plan. 

11 ‘‘(VI) Moist forest landscape 

12 plan. 

13 ‘‘(ii) PUBLIC COMMENT.—During the 

14 45-day period beginning on date on which 

15 the notice of intent is published, the Sec16 retary shall— 

17 ‘‘(I) provide an opportunity for 

18 public comment for the scoping proc19 ess; and 

20 ‘‘(II) solicit public comment on 

21 topics to be analyzed in the draft envi22 ronmental impact statement under 

23 subparagraph (B). 

24 ‘‘(B) DRAFT ENVIRONMENTAL IMPACT

25 STATEMENTS.— 


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1 ‘‘(i) IN GENERAL.—Not later than 1 

2 year after the date of enactment of the Or3 egon and California Land Grant Act of 

4 2013, the Secretary shall issue the first 

5 draft environmental impact statements de6 scribed in subsection (a)(1). 

7 ‘‘(ii) PUBLIC COMMENT.—During the 

8 60-day period beginning on the date on 

9 which the draft environmental impact 

10 statements are issued, the Secretary shall 

11 provide an opportunity for public comment 

12 on the draft environmental impact state13 ments. 

14 ‘‘(iii) EXTENSIONS.—The Secretary 

15 may not extend the period for public com16 ment. 

17 ‘‘(iv) TOPICS.—During the period de18 scribed in clause (ii), the public shall be 

19 able to provide comment on the 

20 prioritization plan, watershed analysis, dry 

21 forest landscape plan, and moist forest 

22 landscape plan included in the draft envi23 ronmental impact statement. 

24 ‘‘(C) FINAL ENVIRONMENTAL IMPACT

25 STATEMENTS.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 shall issue the record of decision for the 

3 final environmental impact statements— 

4 ‘‘(I) 45 days after the date on 

5 which the final environmental impact 

6 statements are issued or immediately 

7 after the Secretary responds to an ob8 jection filed under clause (ii); and 

9 ‘‘(II) not later than 18 months 

10 after the date of enactment of the Or11 egon and California Land Grant Act 

12 of 2013. 

13 ‘‘(ii) OBJECTIONS.— 

14 ‘‘(I) IN GENERAL.—During the 

15 first 30 days of the period established 

16 under clause (i)(I), in lieu of any 

17 other appeals that may be available, 

18 any person may file an objection to 

19 the final environmental impact state20 ments in accordance with section 105 

21 of the Healthy Forests Restoration 

22 Act of 2003 (16 U.S.C. 6515). 

23 ‘‘(II) RESPONSE.—The Secretary 

24 shall respond in writing to any objec25 tion filed under subclause (I) not later 


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1 than 30 days after the date on which 

2 the objection is filed. 

3 ‘‘(iii) EXCEPTION.—If the Secretary 

4 determines than an objection filed under 

5 clause (ii) requires a revision of the final 

6 environmental impact statement, the Sec7 retary shall— 

8 ‘‘(I) issue a revised final environ9 mental impact statement as soon as 

10 practicable; and 

11 ‘‘(II) issue a record of decision 

12 not later than 30 days after the date 

13 on which the revised final environ14 mental impact statement is issued. 

15 ‘‘(3) JUDICIAL REVIEW.— 

16 ‘‘(A) VENUE.—A covered civil action may 

17 only be brought in the United States District 

18 Court for the District of Oregon or the United 

19 States District Court for the District of Colum20 bia. 

21 ‘‘(B) OBJECTIONS.—No objection to the 

22 record of decision shall be considered by the 

23 court that has not previously been raised in 

24 writing during the agency administrative proc25 ess. 


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1 ‘‘(C) LIMITATION OF ACTIONS.—A covered 

2 civil action shall not be maintained unless com3 menced not later than 30 days after the date on 

4 which the covered agency action to which the 

5 covered civil action relates is final. 

6 ‘‘(D) EXPEDITED PROCEEDINGS.— 

7 ‘‘(i) DISCOVERY.—Discovery shall— 

8 ‘‘(I) commence immediately after 

9 a covered civil action is commenced; 

10 and 

11 ‘‘(II) conclude not later than 180 

12 days after the date on which a covered 

13 civil action is commenced. 

14 ‘‘(ii) TRIAL.—In any covered civil ac15 tion, a trial shall commence not later than 

16 180 days after the date on which the cov17 ered civil action is commenced. 

18 ‘‘(iii) EXPEDITIOUS COMPLETION OF

19 JUDICIAL REVIEW.—Congress encourages a 

20 court of competent jurisdiction to expedite, 

21 to the maximum extent practicable, the 

22 proceedings in a covered civil action with 

23 the goal of rendering a final determination 

24 on the merits of the covered civil action as 

25 soon as practicable after the date on which 


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1 a complaint or appeal is filed to initiate 

2 the action. 

3 ‘‘(E) APPLICABILITY OF APA.—Except as 

4 provided in this section, judicial review of a cov5 ered agency action shall be conducted in accord6 ance with chapter 7 of title 5, United States 

7 Code. 

8 ‘‘(F) INJUNCTIONS.— 

9 ‘‘(i) IN GENERAL.—Subject to clause 

10 (ii), the length of any preliminary injunc11 tion and any stay pending appeal regard12 ing a covered agency action shall not ex13 ceed 60 days. 

14 ‘‘(ii) RENEWALS.— 

15 ‘‘(I) IN GENERAL.—A court of 

16 competent jurisdiction may issue 1 or 

17 more renewals of any preliminary in18 junction, or stay pending appeal, 

19 granted under clause (i). 

20 ‘‘(II) UPDATES.—For each re21 newal of an injunction under this 

22 clause, the parties to the action shall 

23 present the court with updated infor24 mation on the status of the covered 


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1 agency action that is the basis of the 

2 covered civil action. 

3 ‘‘(iii) BALANCING OF SHORT- AND

4 LONG-TERM EFFECTS.—As part of the 

5 weighing of the equities while considering 

6 any request for an injunction that applies 

7 to the covered agency action, the court 

8 shall balance the impact on the ecosystem 

9 likely to be affected by the covered agency 

10 action of— 

11 ‘‘(I) the short- and long-term ef12 fects of undertaking the covered agen13 cy action; and 

14 ‘‘(II) the short- and long-term ef15 fects of not undertaking the covered 

16 agency action. 

17 ‘‘(d) CONSISTENCY DOCUMENT.— 

18 ‘‘(1) IN GENERAL.—For each project imple19 mented under an environmental impact statement, 

20 the decision to proceed with the project shall be doc21 umented in a consistency document, which shall in22 clude, at a minimum— 

23 ‘‘(A) the record prepared, including the 

24 names of interested people groups and agencies 

25 contacted; 


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1 ‘‘(B) a determination that no extraor2 dinary circumstances exist; and 

3 ‘‘(C) a determination that the scope of 

4 work of the project is consistent with the origi5 nal analysis and assumptions in the record of 

6 decision. 

7 ‘‘(2) TIME BEFORE IMPLEMENTING A

8 PROJECT.—The Secretary shall not implement a 

9 project described in paragraph (1) earlier than the 

10 date that is 30 days after the date on which a con11 sistency document is made public. 

12 ‘‘(3) CAUSE OF ACTION.— 

13 ‘‘(A) IN GENERAL.—The only cause of ac14 tion that may be brought challenging a consist15 ency document shall be claims that the work to 

16 be performed under the consistency document is 

17 inconsistent with the record of decision or 

18 causes adverse impacts to species not listed 

19 under the Endangered Species Act of 1973 (16 

20 U.S.C. 1531 et seq.) at the time the record of 

21 decision was prepared but which have been list22 ed subsequent to the record of decision. 

23 ‘‘(B) LIMITATION OF ACTIONS.—No cause 

24 of action may be maintained under subpara25 graph (A) unless commenced not later than 30 


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1 days after the date on which the consistency 

2 document is issued. 

3 ‘‘(4) PROJECTS OUTSIDE SCOPE.—With respect 

4 to work in the forestry emphasis areas that falls out5 side the scope of the environmental impact state6 ments prepared under this title— 

7 ‘‘(A) the work shall only be authorized 

8 under this title for a project that does not ex9 ceed 5,000 acres; and 

10 ‘‘(B) environmental analysis documents re11 quired under the National Environmental Pol12 icy Act of 1969 (42 U.S.C. 4321 et seq.) shall 

13 be completed for that work. 

14 ‘‘(e) COORDINATION WITH OTHER AGENCIES; CON15 SULTATION.— 

16 ‘‘(1) MULTIAGENCY COORDINATION.— 

17 ‘‘(A) UP-FRONT PLANNING AND CON18 SULTATION.—Not later than 7 days after the 

19 date of enactment of the Oregon and California 

20 Land Grant Act of 2013, the Secretary shall in21 vite the Director of the United States Fish and 

22 Wildlife Service, the Administrator of the Na23 tional Oceanic and Atmospheric Administration, 

24 the Administrator of the Environmental Protec25 tion Agency, the Governor of Oregon, the heads 


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1 or equivalent duly-elected tribal government 

2 leaders of federally-recognized Indian tribes 

3 with aboriginal land in the covered area, and 

4 local governments in the covered area to partici5 pate in— 

6 ‘‘(i) the development of any environ7 mental impact statement necessary to 

8 carry out this Act; and 

9 ‘‘(ii) subsequently, the revision of any 

10 resource management plan necessary to 

11 carry out this Act. 

12 ‘‘(B) ASSESSMENTS UNDER THE ENDAN13 GERED SPECIES ACT OF 1973.— 

14 ‘‘(i) IN GENERAL.—Not later than 90 

15 days after the date of enactment of the Or16 egon and California Land Grant Act of 

17 2013, the Director the United States Fish 

18 and Wildlife Service and the Administrator 

19 of the National Oceanic and Atmospheric 

20 Administration shall commence any assess21 ments required under the Endangered Spe22 cies Act of 1973 (16 U.S.C. 1531 et seq.) 

23 to provide adequate consultation and quan24 tify acceptable take levels for the planned 


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1 treatments and projects under the environ2 mental impact statement. 

3 ‘‘(ii) PROJECT-SPECIFIC CONCUR4 RENCE.— 

5 ‘‘(I) IN GENERAL.—The Sec6 retary may seek project-specific con7 currence from the Director the United 

8 States Fish and Wildlife Service and 

9 the Administrator of the National 

10 Oceanic and Atmospheric Administra11 tion. 

12 ‘‘(II) CONCURRENCE OR OBJEC13 TION.—For a specific project that re14 quires a consistency document under 

15 subsection (d) and would require doc16 umentation relating to the Endan17 gered Species Act of 1973 (16 U.S.C. 

18 1531 et seq.) in accordance with sub19 clause (I), not later than 21 days 

20 after the date on which the Secretary 

21 seeks project-specific concurrence, the 

22 Director the United States Fish and 

23 Wildlife Service or the Administrator 

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1 pheric Administration, as applicable, 

2 shall— 

3 ‘‘(aa) submit to the Sec4 retary written concurrence that 

5 the project is not likely to ad6 versely affect listed species or 

7 critical habitat, in accordance 

8 with the Endangered Species Act 

9 of 1973 (16 U.S.C. 1531 et seq.); 

10 or 

11 ‘‘(bb) notify the Secretary 

12 that formal consultation will be 

13 required. 

14 ‘‘(C) PARTICIPATION BY NON-FEDERAL

15 ENTITIES.—Non-Federal entities may submit to 

16 the Secretary a request to participate in the de17 velopment of any environmental impact state18 ment and any resource management plan nec19 essary under this Act. 

20 ‘‘(2) LIAISONS.—Not later than 45 days after 

21 the date of enactment of the Oregon and California 

22 Land Grant Act, the Director the United States 

23 Fish and Wildlife Service and the Administrator of 

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1 tion shall identify personnel that will serve as a liai2 son to the Secretary— 

3 ‘‘(A) to develop the environmental impact 

4 statements and resource management plans 

5 necessary under this Act; and 

6 ‘‘(B) address any issues at the project level 

7 under the Endangered Species Act of 1973 (16 

8 U.S.C. 1531 et seq.). 

9 ‘‘(3) CONCURRENT REVIEW.— 

10 ‘‘(A) IN GENERAL.—Each cooperating 

11 agency, the Director of the United States Fish 

12 and Wildlife Service, and the Administrator of 

13 the National Oceanic and Atmospheric Admin14 istration shall carry out the obligations of that 

15 agency under other applicable law concurrently 

16 and in conjunction with the required environ17 mental review process for the comprehensive en18 vironmental impact statement, unless doing so 

19 would impair the ability of the agency to con20 duct needed analysis or otherwise carry out 

21 those obligations. 

22 ‘‘(B) CONSULTATION AND DOCUMENTS RE23 QUIRED UNDER THE ENDANGERED SPECIES

24 ACT OF 1973.— 


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1 ‘‘(i) INFORMAL CONSULTATION.—Not 

2 later than 7 days after the date of enact3 ment of the Oregon and California Land 

4 Grant Act of 2013, the Secretary shall 

5 commence informal consultation with the 

6 Director of the United States Fish and 

7 Wildlife Service and the Administrator of 

8 the National Oceanic and Atmospheric Ad9 ministration on the implementation of this 

10 Act. 

11 ‘‘(ii) FORMAL CONSULTATION.—Not 

12 later than 90 days after the date of enact13 ment of the Oregon and California Land 

14 Grant Act of 2013, the Secretary shall 

15 commence formal consultation with the Di16 rector of the United States Fish and Wild17 life Service and the Administrator of the 

18 National Oceanic and Atmospheric Admin19 istration on the development of the draft 

20 environmental impact statement developed 

21 under subsection (c), in accordance with 

22 section 7 of the Endangered Species Act of 

23 1973 (16 U.S.C. 1536). 

24 ‘‘(iii) DRAFT ENVIRONMENTAL IM25 PACT STATEMENT.—Not later than 1 year 


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1 after the date of enactment of the Oregon 

2 and California Land Grant Act of 2013, 

3 the Secretary shall submit to the Director 

4 of the United States Fish and Wildlife 

5 Service and the Administrator of the Na6 tional Oceanic and Atmospheric Adminis7 tration the draft environmental impact 

8 statement developed under subsection (c), 

9 in accordance with section 7 of the Endan10 gered Species Act of 1973 (16 U.S.C. 

11 1536). 

12 ‘‘(iv) SUPPORTING DOCUMENTS.—Not 

13 later than 60 days after the date on which 

14 a draft environmental impact statement is 

15 published, the cooperating agencies shall 

16 submit to the Secretary any documents re17 quired of the cooperating agencies under 

18 the Endangered Species Act of 1973 (16 

19 U.S.C. 1531 et seq.). 

20 ‘‘(4) ESCALATION OF INTERAGENCY CON21 FLICTS.— 

22 ‘‘(A) IN GENERAL.—If a disagreement be23 tween the liaisons identified in paragraph (2) 

24 cannot be resolved within 14 days, the disagree25 ment shall be escalated to the State directors, 


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1 or if there are no State directors, the regional 

2 directors. 

3 ‘‘(B) FURTHER ESCALATION.— 

4 ‘‘(i) IN GENERAL.—If the State direc5 tors or regional directors, as applicable, 

6 cannot resolve the disagreement within the 

7 period beginning on the date on which the 

8 14-day period described in subparagraph 

9 (A) expires and ending on the date that is 

10 7 days after the date on which the 14-day 

11 period expires, the matter shall be esca12 lated to the head of the applicable Federal 

13 agency. 

14 ‘‘(ii) FINAL RESOLUTION.—The head 

15 of the applicable Federal agency shall re16 solve the disagreement not later than 7 

17 days after the date on which the disagree18 ment is escalated under clause (i). 

19 ‘‘(5) APPLICABILITY OF NORTHWEST FOREST

20 PLAN.—The Northwest Forest Plan Survey and 

21 Manage Mitigation Measure Standard and Guide22 lines shall not apply to forestry emphasis areas. 

23 ‘‘(6) SALMON.— 

24 ‘‘(A) IN GENERAL.—The State shall be 

25 considered a cooperating agency for purposes of 


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1 assisting the Administrator of the National 

2 Oceanic and Atmospheric Administration in 

3 managing salmon. 

4 ‘‘(B) MEMORANDUM OF UNDER5 STANDING.—The State and the Administrator 

6 of the National Oceanic and Atmospheric Ad7 ministration may enter into a memorandum of 

8 understanding or an agreement under section 6 

9 of the Endangered Species Act of 1973 (16 

10 U.S.C. 1535) in carrying out activities under 

11 subparagraph (A). 

12 ‘‘(C) ADMINISTRATION.— 

13 ‘‘(i) IN GENERAL.—If the Adminis14 trator of the National Oceanic and Atmos15 pheric Administration fails to provide any 

16 necessary documentation relating to salm17 on required under the Endangered Species 

18 Act of 1973 (16 U.S.C. 1531 et seq.) with19 in the required deadlines under this sec20 tion, the Secretary shall consider as com21 pleted any documentation required of the 

22 Administrator under the environmental im23 pact statement, unless the Secretary of 

24 Commerce notifies the Secretary of the In25 terior that additional time is needed. 


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1 ‘‘(ii) NONDELEGATION.—The Sec2 retary of Commerce shall not delegate the 

3 authority described in clause (i). 

4 ‘‘(7) 5-YEAR REEVALUATION.— 

5 ‘‘(A) IN GENERAL.—Not later than 5 years 

6 after the date on which an environmental im7 pact statement is developed, the Director of the 

8 United States Fish and Wildlife Service and the 

9 Administrator of the National Oceanic and At10 mospheric Administration shall reevaluate the 

11 performed and proposed work and determine if 

12 the work complies with— 

13 ‘‘(i) the Endangered Species Act of 

14 1973 (16 U.S.C. 1531 et seq.); and 

15 ‘‘(ii) the environmental impact state16 ment. 

17 ‘‘(B) REINITIATION.— 

18 ‘‘(i) IN GENERAL.—Subject to sub19 paragraph (A) and clause (ii), if the Direc20 tor of the United States Fish and Wildlife 

21 Service and the Administrator of the Na22 tional Oceanic and Atmospheric Adminis23 tration determine that reinitiation of con24 sultation is required due to new informa25 tion relating to a threatened or endangered 


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1 species, changed circumstances relating to 

2 a threatened or endangered species, or 

3 changed conditions relating to a threatened 

4 or endangered species— 

5 ‘‘(I) the consultation process 

6 under this subsection shall be reiniti7 ated by reassessing changed cir8 cumstances or conditions relating to 

9 the threatened or endangered species 

10 not originally evaluated in the envi11 ronmental impact statements; and 

12 ‘‘(II) the supporting documenta13 tion shall be modified not later than 

14 90 days after the date on which the 

15 consultation commences to reflect the 

16 actual conditions. 

17 ‘‘(ii) MANAGEMENT ACTIVITIES.— 

18 Management activities under the com19 prehensive environmental impact state20 ments developed under the National Envi21 ronmental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.) and subsection (a) shall con23 tinue while the modifications described in 

24 clause (i)(II) are being prepared. 

25 ‘‘(8) LISTINGS OF ENDANGERED SPECIES.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 redesignate some of a conservation emphasis 

3 area as a forestry emphasis area and redesig4 nate a forestry emphasis area that contains 

5 critical habitat as a conservation emphasis area 

6 if— 

7 ‘‘(i) a species is added to the list of 

8 endangered or threatened species under 

9 section 4(c) of the Endangered Species Act 

10 of 1973 (16 U.S.C. 1533(c)); and 

11 ‘‘(ii) critical habitat (as defined in sec12 tion 3 of the Endangered Species Act of 

13 1973 (16 U.S.C. 1532)) is designated 

14 within the forestry emphasis area that is 

15 incompatible with the harvest of timber 

16 under this Act. 

17 ‘‘(B) IDENTIFICATION OF LANDS TO BE

18 REDESIGNATED.—Not later than 120 days after 

19 the date of enactment of the Oregon and Cali20 fornia Land Grant Act, the Secretary shall 

21 identify 10,000 acres of conservation emphasis 

22 area that could be redesignated under subpara23 graph (A). 


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1 ‘‘SEC. 105. MANAGEMENT OF CONSERVATION EMPHASIS 

2 AREAS. 

3 ‘‘(a) IN GENERAL.—A conservation emphasis area 

4 shall be managed in accordance with this Act and for the 

5 general purposes of ecological and conservation benefits, 

6 including providing forest reserves that include— 

7 ‘‘(1) old growth and late successional habitat; 

8 ‘‘(2) clean air; 

9 ‘‘(3) water quality filtration, purification, and 

10 storage; 

11 ‘‘(4) watershed health; 

12 ‘‘(5) soil stabilization; 

13 ‘‘(6) flood control; 

14 ‘‘(7) native wildlife biodiversity; 

15 ‘‘(8) connectivity; 

16 ‘‘(9) long-term storage of carbon; 

17 ‘‘(10) climate stabilization; 

18 ‘‘(11) pollination, seed dispersal, soil formation, 

19 and nutrient cycling; 

20 ‘‘(12) recreational, educational, and tourism op21 portunities; and 

22 ‘‘(13) aesthetic, spiritual, and cultural heritage 

23 values. 

24 ‘‘(b) MANAGEMENT DIRECTION FOR CONSERVATION

25 EMPHASIS AREAS.— 


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1 ‘‘(1) TIMBER HARVEST LIMITATIONS.—The cut2 ting, sale, or removal of timber within a conservation 

3 emphasis area may be permitted— 

4 ‘‘(A) to the extent necessary to improve 

5 the health of the forest in a manner that— 

6 ‘‘(i) maximizes the retention of large 

7 trees— 

8 ‘‘(I) as appropriate to the forest 

9 type; and 

10 ‘‘(II) to the extent that the trees 

11 promote stands that are fire resilient 

12 and healthy; 

13 ‘‘(ii) improves the habitats of threat14 ened or endangered species or species con15 sidered sensitive by the Secretary over the 

16 long term following completion of the 

17 project; 

18 ‘‘(iii) maintains or restores the com19 position and structure of the ecosystem by 

20 reducing the risk of uncharacteristic wild21 fire; or 

22 ‘‘(iv) in the case of harvests in moist 

23 forest sites, is conducted— 

24 ‘‘(I) through variable density and 

25 clump-based thinning; 


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1 ‘‘(II) in stands up to 80 years of 

2 age to accelerate development of 

3 structurally complex forest conditions; 

4 and 

5 ‘‘(III) in a manner that retains 

6 older trees and old growth; 

7 ‘‘(B) to carry out an approved manage8 ment activity in furtherance of the purposes of 

9 this section, if the cutting, sale, or removal of 

10 timber is incidental to the management activity; 

11 or 

12 ‘‘(C) for de minimis personal or adminis13 trative use within the conservation emphasis 

14 area, if the use will not impact the purposes of 

15 this section. 

16 ‘‘(2) ROAD CONSTRUCTION.—No new or tem17 porary roads shall be constructed or reconstructed 

18 within a conservation emphasis area after the date 

19 of enactment of the Oregon and California Land 

20 Grant Act of 2013 except as necessary— 

21 ‘‘(A) to protect the health and safety of in22 dividuals in cases of an imminent threat of 

23 flood, fire, or any other catastrophic event that, 

24 without intervention, would result in the loss of 

25 life or property; 


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1 ‘‘(B) to carry out environmental cleanup 

2 activities required by the Federal Government; 

3 ‘‘(C) to allow for the exercise of reserved 

4 or outstanding rights provided for by treaty or 

5 Federal law; 

6 ‘‘(D) to prevent irreparable resource dam7 age by a road constructed before the date of en8 actment of the Oregon and California Land 

9 Grant Act; or 

10 ‘‘(E) to rectify a hazardous road condition. 

11 ‘‘(3) WITHDRAWAL.—Subject to valid existing 

12 rights, all Federal land within the conservation em13 phasis area is withdrawn from— 

14 ‘‘(A) all forms of entry, appropriation, or 

15 disposal under the public land laws, except dis16 posal by exchange or sale in accordance with 

17 section 117; 

18 ‘‘(B) location, entry, and patent under the 

19 mining laws; and 

20 ‘‘(C) disposition under all laws relating to 

21 mineral and geothermal leasing. 

22 ‘‘(c) WATER QUALITY PROTECTION IN CONSERVA23 TION EMPHASIS AREAS.— 

24 ‘‘(1) RIPARIAN RESERVES.—In carrying out the 

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1 phasis areas, key watersheds and drinking water em2 phasis areas, the Secretary shall establish riparian 

3 reserves that— 

4 ‘‘(A) in the case of land located along a 

5 fish-bearing stream, are 2 site-potential tree 

6 height or 300-feet slope distance, whichever is 

7 greater; 

8 ‘‘(B) in the case of land located along a 

9 permanently flowing nonfish-bearing stream, 

10 are 1 site-potential tree height or 150-feet slope 

11 distance, whichever is greater; 

12 ‘‘(C) in the case of land located along a 

13 seasonally flowing or intermittent stream, are 

14 whichever is greater among— 

15 ‘‘(i) the stream channel to the top of 

16 the inner gorge and out to the edge of the 

17 riparian vegetation; 

18 ‘‘(ii) a distance of 1 site-potential tree 

19 height; or 

20 ‘‘(iii) 100-feet slope distance; 

21 ‘‘(D) in the case of a wetland that is great22 er than 1 acre, a lake, or a natural pond, are 

23 whichever is greater among— 


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1 ‘‘(i) the body of water and land lo2 cated along the wetland, lake, or pond to 

3 the outer edges of riparian vegetation; 

4 ‘‘(ii) a distance 2 site-potential tree 

5 height; or 

6 ‘‘(iii) 300-feet slope distance; 

7 ‘‘(E) in the case of a constructed pond or 

8 a reservoir, are the area from the maximum 

9 pool elevation to a distance equal to the height 

10 of 1 site-potential tree or 150-feet slope dis11 tance, whichever is greater; and 

12 ‘‘(F) in the case of a wetland that is less 

13 than 1 acre or an unstable or potentially unsta14 ble area, are whichever is greater among— 

15 ‘‘(i) the extent of the unstable and po16 tentially unstable area or the wetland less 

17 than 1 acre, as applicable, to the outer 

18 edges of the riparian vegetation; 

19 ‘‘(ii) a distance of 1 site-potential tree 

20 height; or 

21 ‘‘(iii) 150-feet slope distance. 

22 ‘‘(2) WATERSHED ANALYSIS AND REVIEW.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 regularly conduct watershed analysis and a re25 view of aquatic and riparian resources to ensure 


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1 adequate protections are being provided, con2 sistent with the objectives described in section 

3 102(e)(1). 

4 ‘‘(B) CRITERIA.—Criteria considered in 

5 the analysis shall include— 

6 ‘‘(i) the importance of the streams to 

7 salmon populations; 

8 ‘‘(ii) the impacts of thermal loading; 

9 ‘‘(iii) water quality; and 

10 ‘‘(iv) the potential for the delivery or 

11 deposition of sediment and wood from 

12 upslope sources. 

13 ‘‘(C) CHANGES TO STRATEGY.—If a peer14 reviewed, multiagency report calls for changes 

15 to the aquatic conservation strategy or any ri16 parian reserves on the conservation land to be 

17 consistent with purposes described in section 

18 102(e)(1), the Secretary may consider changes 

19 as part of any modifications (revisions or 

20 amendments) to the relevant resource manage21 ment plans. 

22 ‘‘(d) MAPS AND LEGAL DESCRIPTIONS.— 

23 ‘‘(1) IN GENERAL.—As soon as practicable 

24 after the date of enactment of the Oregon and Cali25 fornia Land Grant Act, the Secretary shall prepare 


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1 a map and legal description for the land described 

2 in sections 106 through 116. 

3 ‘‘(2) FORCE OF LAW.—The maps and legal de4 scriptions described in paragraph (1) shall have the 

5 same force and effect as if included in this Act, ex6 cept that the Secretary may correct typographical 

7 errors in the maps and legal descriptions. 

8 ‘‘(3) PUBLIC AVAILABILITY.—The maps and 

9 legal descriptions described in paragraph (1) shall be 

10 on file and available for public inspection in the ap11 propriate offices of the Bureau of Land Manage12 ment. 

13 ‘‘SEC. 106. ROGUE NATIONAL RECREATION AREA. 

14 ‘‘(a) DESIGNATION.—There is established a Rogue 

15 National Recreational Area to provide for the protection, 

16 preservation, and enhancement of recreational, ecological, 

17 scenic, cultural, watershed, and fish and wildlife values. 

18 ‘‘(b) BOUNDARY.—The Rogue National Recreation 

19 Area shall consist of certain Federal land managed by the 

20 Bureau of Land Management, comprising approximately 

21 94,700 acres, as generally depicted on the map entitled 

22 ‘O&C Land Grant Act of 2013: Rogue National Recre23 ation Area’ and dated November 18, 2013. 

24 ‘‘(c) ADMINISTRATION.—The Secretary shall— 


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1 ‘‘(1) administer the Rogue National Recreation 

2 Area— 

3 ‘‘(A) in accordance with the applicable 

4 Federal laws (including regulations) and rules 

5 applicable to the Bureau of Land Management; 

6 and 

7 ‘‘(B) consistent with section 105; and 

8 ‘‘(2) only allow uses of the Rogue National 

9 Recreation Area that are consistent with the pur10 poses described in subsection (a). 

11 ‘‘(d) OFF-ROAD VEHICLES.—The use of motorized 

12 vehicles on Bureau of Land Management holdings in the 

13 Rogue National Recreation Area shall be limited to roads 

14 designated by the Secretary. 

15 ‘‘(e) FISH AND WILDLIFE.—Nothing in this section 

16 affects the jurisdiction or responsibilities of the State with 

17 respect to fish and wildlife in the State. 

18 ‘‘(f) ADJACENT MANAGEMENT.—Nothing in this sec19 tion creates any protective perimeter or buffer zone 

20 around the Rogue National Recreation Area. 

21 ‘‘(g) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

22 this section diminishes any treaty rights of any Indian 

23 tribe. 

24 ‘‘(h) LAND RECLASSIFICATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall reclas2 sify the approximately 8,600 acres of Federal land 

3 generally depicted on the map described in sub4 section (b) as ‘Other BLM lands’ as Oregon and 

5 California Railroad grant land. 

6 ‘‘(2) APPLICABILITY.—The land reclassified 

7 under paragraph (1) shall be considered to satisfy 

8 any requirement to reclassify public domain land as 

9 Oregon and California Railroad grant land, includ10 ing under sections 206 and 216 of the Oregon and 

11 California Land Grant Act of 2013. 

12 ‘‘SEC. 107. MOLALLA NATIONAL RECREATION AREA. 

13 ‘‘(a) DESIGNATION.—There is established a Molalla 

14 National Recreational Area to provide for the protection, 

15 preservation, and enhancement of recreational, ecological, 

16 scenic, cultural, watershed, and fish and wildlife values. 

17 ‘‘(b) BOUNDARY.—The Molalla National Recreation 

18 Area shall consist of certain Federal land managed by the 

19 Bureau of Land Management, comprising approximately 

20 24,100 acres, as generally depicted on the map entitled 

21 ‘O&C Land Grant Act of 2013: Molalla National Recre22 ation Area’ and dated November 18, 2013. 

23 ‘‘(c) ADMINISTRATION.—The Secretary shall— 

24 ‘‘(1) administer the Molalla National Recreation 

25 Area— 


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1 ‘‘(A) in accordance with the applicable 

2 Federal laws (including regulations) and rules 

3 applicable to the Bureau of Land Management; 

4 and 

5 ‘‘(B) consistent with section 105; and 

6 ‘‘(2) only allow uses of the Molalla National 

7 Recreation Area that are consistent with the pur8 poses described in subsection (a). 

9 ‘‘(d) OFF-ROAD VEHICLES.—The use of motorized 

10 vehicles on Bureau of Land Management holdings in the 

11 Molalla National Recreation Area shall be limited to roads 

12 designated by the Secretary. 

13 ‘‘(e) FISH AND WILDLIFE.—Nothing in this section 

14 affects the jurisdiction or responsibilities of the State with 

15 respect to fish and wildlife in the State. 

16 ‘‘(f) ADJACENT MANAGEMENT.—Nothing in this sec17 tion creates any protective perimeter or buffer zone 

18 around the Molalla National Recreation Area. 

19 ‘‘(g) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

20 this section diminishes any treaty rights of any Indian 

21 tribe. 

22 ‘‘(h) LAND RECLASSIFICATION.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall reclas24 sify the approximately 12,000 acres of Federal land 

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1 section (b) as ‘Other BLM lands’ as Oregon and 

2 California Railroad grant land. 

3 ‘‘(2) APPLICABILITY.—The land reclassified 

4 under paragraph (1) shall be considered to satisfy 

5 any requirement to reclassify public domain land as 

6 Oregon and California Railroad grant land, includ7 ing under sections 206 and 216 of the Oregon and 

8 California Land Grant Act of 2013. 

9 ‘‘SEC. 108. MCKENZIE DRINKING WATER SPECIAL MANAGE10 MENT UNIT. 

11 ‘‘(a) ESTABLISHMENT.—There is established a spe12 cial resources management unit in the State consisting of 

13 certain Federal land managed by the Bureau of Land 

14 Management, generally depicted as the ‘McKenzie Drink15 ing Water Special Management Unit’ on the map entitled 

16 ‘O&C Land Grant Act of 2013: McKenzie Drinking Water 

17 Area’ and dated November 18, 2013, to be known as the 

18 ‘McKenzie Drinking Water Special Management Unit’ (re19 ferred to in this section as the ‘Management Unit’). 

20 ‘‘(b) PURPOSES.—The purposes of the Management 

21 Unit are— 

22 ‘‘(1) to ensure the protection of the McKenzie 

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1 tershed, for the residents of Lane County, Oregon; 

2 and 

3 ‘‘(2) to allow visitors to enjoy the special scenic, 

4 natural, cultural, and fish and wildlife values of the 

5 McKenzie Watershed. 

6 ‘‘(c) ADMINISTRATION.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall— 

8 ‘‘(A) administer the Management Unit— 

9 ‘‘(i) in accordance with the laws (in10 cluding regulations) and rules applicable to 

11 the Bureau of Land Management; and 

12 ‘‘(ii) consistent with section 105; and 

13 ‘‘(B) only allow uses of the Management 

14 Unit that are consistent with the purposes de15 scribed in subsection (b). 

16 ‘‘(d) PROHIBITED ACTIVITIES.—Subject to valid ex17 isting rights, the following activities shall be prohibited on 

18 Bureau of Land Management land in the Management 

19 Unit: 

20 ‘‘(1) Commercial livestock grazing. 

21 ‘‘(2) The placement of new fuel storage tanks. 

22 ‘‘(3) Except to the extent necessary to further 

23 the purposes described in subsection (b), the applica24 tion of any toxic chemicals (other than fire 

25 retardants), including pesticides. 


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1 ‘‘(e) COOPERATION ON PRIVATE LAND.—The Sec2 retary is encouraged to work with private landowners who 

3 have agreed to cooperate with the Secretary to further the 

4 purposes of this section. 

5 ‘‘(f) OFF-ROAD VEHICLES.—The use of motorized 

6 vehicles on Bureau of Land Management holdings in the 

7 Management Unit shall be limited to roads designated by 

8 the Secretary. 

9 ‘‘(g) FISH AND WILDLIFE.—Nothing in this section 

10 affects the jurisdiction or responsibilities of the State with 

11 respect to fish and wildlife in the State. 

12 ‘‘(h) ADJACENT MANAGEMENT.—Nothing in this sec13 tion creates any protective perimeter or buffer zone 

14 around the Management Unit. 

15 ‘‘(i) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

16 this section diminishes any treaty rights of any Indian 

17 tribe. 

18 ‘‘SEC. 109. HILLSBORO DRINKING WATER SPECIAL MAN19 AGEMENT UNIT. 

20 ‘‘(a) ESTABLISHMENT.—There is established a spe21 cial resources management unit in the State consisting of 

22 certain Federal land managed by the Bureau of Land 

23 Management, generally depicted as the ‘Hillsboro Drink24 ing Water Special Management Unit’ on the map entitled 

25 ‘O&C Land Grant Act of 2013 Hillsboro Drinking Water 


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1 Area’ and dated November 18, 2013, to be known as the 

2 ‘Hillsboro Drinking Water Special Management Unit’ (re3 ferred to in this section as the ‘Management Unit’). 

4 ‘‘(b) PURPOSES.—The purposes of the Management 

5 Unit are— 

6 ‘‘(1) to ensure the protection of the Hillsboro 

7 Watershed as a clean drinking water source, safe8 guarding the quality and quantity of the Watershed, 

9 for the residents of Washington County, Oregon; 

10 and 

11 ‘‘(2) to allow visitors to enjoy the special scenic, 

12 natural, cultural, and fish and wildlife values of the 

13 Hillsboro Watershed. 

14 ‘‘(c) ADMINISTRATION.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall— 

16 ‘‘(A) administer the Management Unit— 

17 ‘‘(i) in accordance with the laws (in18 cluding regulations) and rules applicable to 

19 the Bureau of Land Management; and 

20 ‘‘(ii) consistent with section 105; and 

21 ‘‘(B) only allow uses of the Management 

22 Unit that are consistent with the purposes de23 scribed in subsection (b). 

24 ‘‘(d) PROHIBITED ACTIVITIES.—Subject to valid, ex25 isting rights, the following activities shall be prohibited on 


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1 Bureau of Land Management land on the conservation 

2 emphasis areas in the Management Unit: 

3 ‘‘(1) Commercial livestock grazing. 

4 ‘‘(2) The placement of new fuel storage tanks. 

5 ‘‘(3) Except to the extent necessary to further 

6 the purposes described in subsection (b), the applica7 tion of any toxic chemicals (other than fire 

8 retardants), including pesticides. 

9 ‘‘(e) COOPERATION ON PRIVATE LAND.—The Sec10 retary is encouraged to work with adjacent private land11 owners who have agreed to cooperate with the Secretary 

12 to further the purposes of this section. 

13 ‘‘(f) OFF-ROAD VEHICLES.—The use of motorized 

14 vehicles on Bureau of Land Management holdings in the 

15 Management Unit shall be limited to roads designated by 

16 the Secretary. 

17 ‘‘(g) FISH AND WILDLIFE.—Nothing in this section 

18 affects the jurisdiction or responsibilities of the State with 

19 respect to fish and wildlife in the State. 

20 ‘‘(h) ADJACENT MANAGEMENT.—Nothing in this sec21 tion creates any protective perimeter or buffer zone 

22 around the Management Unit. 

23 ‘‘(i) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

24 this section diminishes any treaty rights of any Indian 

25 tribe. 


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1 ‘‘SEC. 110. CLACKAMAS DRINKING WATER SPECIAL MAN2 AGEMENT UNIT. 

3 ‘‘(a) ESTABLISHMENT.—There is established a spe4 cial resources management unit in the State consisting of 

5 certain Federal land managed by the Bureau of Land 

6 Management, generally depicted as the ‘Clackamas Drink7 ing Water Special Management Unit’ on the map entitled 

8 ‘O&C Land Grant Act of 2013: Clackamas Drinking 

9 Water Area’ and dated November 18, 2013, to be known 

10 as the ‘Clackamas Drinking Water Special Management 

11 Unit’ (referred to in this section as the ‘Management 

12 Unit’). 

13 ‘‘(b) PURPOSES.—The purposes of the Management 

14 Unit are— 

15 ‘‘(1) to ensure the protection of the Clackamas 

16 Watershed as a clean drinking water source, safe17 guarding the water quality and quantity of the Wa18 tershed, for the residents of Clackamas County, Or19 egon; and 

20 ‘‘(2) to allow visitors to enjoy the special scenic, 

21 natural, cultural, and fish and wildlife values of the 

22 Clackamas Watershed. 

23 ‘‘(c) ADMINISTRATION.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall— 

25 ‘‘(A) administer the Management Unit— 


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1 ‘‘(i) in accordance with the laws (in2 cluding regulations) and rules applicable to 

3 the Bureau of Land Management; and 

4 ‘‘(ii) consistent with section 105; and 

5 ‘‘(B) only allow uses of the Management 

6 Unit that are consistent with the purposes de7 scribed in subsection (b). 

8 ‘‘(d) PROHIBITED ACTIVITIES.—Subject to valid, ex9 isting rights, the following activities shall be prohibited on 

10 Bureau of Land Management land on the conservation 

11 emphasis areas in the Management Unit: 

12 ‘‘(1) Commercial livestock grazing. 

13 ‘‘(2) The placement of new fuel storage tanks. 

14 ‘‘(3) Except to the extent necessary to further 

15 the purposes described in subsection (b), the applica16 tion of any toxic chemicals (other than fire 

17 retardants), including pesticides. 

18 ‘‘(e) COOPERATION ON PRIVATE LAND.—The Sec19 retary is encouraged to work with adjacent private land20 owners who have agreed to cooperate with the Secretary 

21 to further the purposes of this section. 

22 ‘‘(f) OFF-ROAD VEHICLES.—The use of motorized 

23 vehicles on Bureau of Land Management holdings in the 

24 Management Unit shall be limited to roads designated by 

25 the Secretary. 


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1 ‘‘(g) FISH AND WILDLIFE.—Nothing in this section 

2 affects the jurisdiction or responsibilities of the State with 

3 respect to fish and wildlife in the State. 

4 ‘‘(h) ADJACENT MANAGEMENT.—Nothing in this sec5 tion creates any protective perimeter or buffer zone 

6 around the Management Unit. 

7 ‘‘(i) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

8 this section diminishes any treaty rights of any Indian 

9 tribe. 

10 ‘‘SEC. 111. SPRINGFIELD DRINKING WATER SPECIAL MAN11 AGEMENT UNIT. 

12 ‘‘(a) ESTABLISHMENT.—There is established a spe13 cial resources management unit in the State consisting of 

14 certain Federal land managed by the Bureau of Land 

15 Management, generally depicted as the ‘Springfield Drink16 ing Water Special Management Unit’ on the map entitled 

17 ‘O&C Land Grant Act of 2013: Springfield Drinking 

18 Water Area’ and dated November 18, 2013, to be known 

19 as the ‘Springfield Drinking Water Special Management 

20 Unit’ (referred to in this section as the ‘Management 

21 Unit’). 

22 ‘‘(b) PURPOSES.—The purposes of the Management 

23 Unit are— 

24 ‘‘(1) to ensure the protection of the Springfield 

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1 guarding the water quality and quantity of the Wa2 tershed, for the residents of Springfield, Oregon and 

3 nearby communities; and 

4 ‘‘(2) to allow visitors to enjoy the special scenic, 

5 natural, cultural, and fish and wildlife values of the 

6 Springfield Watershed. 

7 ‘‘(c) ADMINISTRATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall— 

9 ‘‘(A) administer the Management Unit— 

10 ‘‘(i) in accordance with the laws (in11 cluding regulations) and rules applicable to 

12 the Bureau of Land Management; and 

13 ‘‘(ii) consistent with section 105; and 

14 ‘‘(B) only allow uses of the Management 

15 Unit that are consistent with the purposes de16 scribed in subsection (b). 

17 ‘‘(d) PROHIBITED ACTIVITIES.—Subject to valid, ex18 isting rights, the following activities shall be prohibited on 

19 Bureau of Land Management land on the conservation 

20 emphasis areas in the Management Unit: 

21 ‘‘(1) Commercial livestock grazing. 

22 ‘‘(2) The placement of new fuel storage tanks. 

23 ‘‘(3) Except to the extent necessary to further 

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1 tion of any toxic chemicals (other than fire 

2 retardants), including pesticides. 

3 ‘‘(e) COOPERATION ON PRIVATE LAND.—The Sec4 retary is encouraged to work with adjacent private land5 owners who have agreed to cooperate with the Secretary 

6 to further the purposes of this section. 

7 ‘‘(f) OFF-ROAD VEHICLES.—The use of motorized 

8 vehicles on Bureau of Land Management holdings in the 

9 Management Unit shall be limited to roads designated by 

10 the Secretary. 

11 ‘‘(g) FISH AND WILDLIFE.—Nothing in this section 

12 affects the jurisdiction or responsibilities of the State with 

13 respect to fish and wildlife in the State. 

14 ‘‘(h) ADJACENT MANAGEMENT.—Nothing in this sec15 tion creates any protective perimeter or buffer zone 

16 around the Management Unit. 

17 ‘‘(i) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

18 this section diminishes any treaty rights of any Indian 

19 tribe. 

20 ‘‘SEC. 112. CASCADE-SISKIYOU NATIONAL MONUMENT EX21 PANSION. 

22 ‘‘(a) EXPANSION AND ADMINISTRATION.—Subject to 

23 valid existing rights, the Secretary shall administer the ap24 proximately 2,050 acres of Bureau of Land Management 

25 land generally depicted as ‘Cascade Siskiyou National 


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1 Monument Expansion’ on the map entitled ‘O&C Land 

2 Grant Act of 2013: Cascade-Siskiyou National Monument 

3 Expansion and Pacific Crest Trail Protection Corridor’ 

4 and dated November 18, 2013, as part of the Cascade5 Siskiyou National Monument (referred to in this section 

6 as the ‘Monument’), in accordance with— 

7 ‘‘(1) this section; 

8 ‘‘(2) Presidential Proclamation Number 7318, 

9 dated June 9, 2000 (65 Fed. Reg. 37247); and 

10 ‘‘(3) section 105 and any law (including regula11 tions) generally applicable to Bureau of Land Man12 agement land, including the Federal Land Policy 

13 and Management Act of 1976 (43 U.S.C. 1701 et 

14 seq.). 

15 ‘‘(b) FIRE MANAGEMENT.—As soon as practicable 

16 after the date of enactment of this section, the Secretary 

17 shall— 

18 ‘‘(1) revise the fire management plan for the 

19 Monument to include the land added to the Monu20 ment under subsection (a); and 

21 ‘‘(2) in accordance with the revised plan, carry 

22 out hazardous fuel management activities within the 

23 boundaries of the Monument. 

24 ‘‘(c) GRAZING.— 


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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 the Secretary may allow the grazing of livestock 

3 within the approximately 2,050 acres of expansion 

4 land to continue as authorized under permits or 

5 leases in existence as of the date of enactment of 

6 this section. 

7 ‘‘(2) APPLICABLE LAW.—Grazing under para8 graph (1) shall be— 

9 ‘‘(A) at a level not greater than the level 

10 at which the grazing exists as of the date of en11 actment of this section, as measured in Animal 

12 Unit Months; and 

13 ‘‘(B) in accordance with applicable law. 

14 ‘‘(d) FISH AND WILDLIFE.—Nothing in this section 

15 affects the jurisdiction or responsibilities of the State with 

16 respect to fish and wildlife in the State. 

17 ‘‘(e) ADJACENT MANAGEMENT.—Nothing in this sec18 tion creates any protective perimeter or buffer zone 

19 around the Monument additions. 

20 ‘‘(f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

21 this section diminishes any treaty rights of any Indian 

22 tribe. 

23 ‘‘(g) LAND RECLASSIFICATION.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall reclas25 sify the approximately 200 acres of Federal land 


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1 generally depicted as ‘Other BLM lands’ on the map 

2 described in subsection (b) as Oregon and California 

3 Railroad grant land. 

4 ‘‘(2) APPLICABILITY.—The land reclassified 

5 under paragraph (1) shall be considered to satisfy 

6 any requirement to reclassify public domain land as 

7 Oregon and California Railroad grant land, includ8 ing under sections 206 and 216 of the Oregon and 

9 California Land Grant Act of 2013. 

10 ‘‘SEC. 113. ILLINOIS VALLEY SALMON AND BOTANICAL 

11 AREA SPECIAL MANAGEMENT UNIT. 

12 ‘‘(a) ESTABLISHMENT.—There is established a spe13 cial resources management unit in the State consisting of 

14 certain Federal land managed by the Bureau of Land 

15 Management, as generally depicted on the map entitled 

16 ‘O&C Land Grant Act of 2013: Illinois Valley Salmon and 

17 Botanical Area’ and dated November 18, 2013, to be 

18 known as the ‘Illinois Valley Salmon and Botanical Area’ 

19 (referred to in this section as the ‘Botanical Area’). 

20 ‘‘(b) PURPOSES.—The purposes of the Botanical 

21 Area are to provide for the protection, preservation, and 

22 enhancement of botanical, nonmotorized recreational, eco23 logical, scenic, cultural, watershed, and fish and wildlife 

24 values. 

25 ‘‘(c) ADMINISTRATION.—The Secretary shall— 


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1 ‘‘(1) administer the Botanical Area— 

2 ‘‘(A) in accordance with the laws (includ3 ing regulations) and rules applicable to the Bu4 reau of Land Management; and 

5 ‘‘(B) consistent with section 105; and 

6 ‘‘(2) only allow uses of the Botanical Area that 

7 are consistent with the purposes described in sub8 section (b). 

9 ‘‘(d) OFF-ROAD VEHICLES.—The use of motorized 

10 vehicles on Bureau of Land Management holdings in the 

11 Botanical Area shall be limited to roads designated by the 

12 Secretary. 

13 ‘‘(e) FISH AND WILDLIFE.—Nothing in this section 

14 affects the jurisdiction or responsibilities of the State with 

15 respect to fish and wildlife in the State. 

16 ‘‘(f) ADJACENT MANAGEMENT.—Nothing in this sec17 tion creates any protective perimeter or buffer zone 

18 around the Botanical Area. 

19 ‘‘(g) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

20 this section diminishes any treaty rights of any Indian 

21 tribe. 

22 ‘‘(h) LAND RECLASSIFICATION.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall reclas24 sify the approximately 7,200 acres of Federal land 

25 generally depicted as ‘Other BLM lands’ on the map 


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1 described in subsection (a) as Oregon and California 

2 Railroad grant land. 

3 ‘‘(2) APPLICABILITY.—The land reclassified 

4 under paragraph (1) shall be considered to satisfy 

5 any requirement to reclassify public domain land as 

6 Oregon and California Railroad grant land, includ7 ing under sections 206 and 216 of the Oregon and 

8 California Land Grant Act of 2013. 

9 ‘‘SEC. 114. PACIFIC CREST NATIONAL SCENIC TRAIL PRO10 TECTION CORRIDOR. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall— 

12 ‘‘(1) not later than 1 year after the date of en13 actment of the Oregon and California Land Grant 

14 Act of 2013, establish a protection and management 

15 corridor in the State consisting of certain Federal 

16 land managed by the Bureau of Land Management, 

17 generally depicted as ‘Pacific Crest Trail Protection 

18 Corridor’ on the map entitled ‘O&C Land Grant Act 

19 of 2013: Cascade-Siskiyou National Monument Ex20 pansion and Pacific Crest Trail Protection Corridor’ 

21 and dated November 18, 2013, to be known as the 

22 ‘Pacific Crest Trail Corridor’ (referred to in this sec23 tion as the ‘PCT Corridor’); and 

24 ‘‘(2) draw the PCT Corridor boundaries to in25 clude— 


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1 ‘‘(A) all the Bureau of Land Management 

land within approximately 1 2 ⁄4 mile on either 

3 side of the Pacific Crest National Scenic Trail; 

4 and 

5 ‘‘(B) to the extent practicable, recreational, 

6 scenic, historical, wildlife, water, and other re7 sources associated with the Pacific Crest Na8 tional Scenic Trail that are in need of protec9 tion. 

10 ‘‘(b) ADMINISTRATION.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall man12 age the Federal land administered by the Bureau of 

13 Land Management described in subsection (a) to 

14 protect and enhance enjoyment of the recreational, 

15 scenic, historical, wildlife, and water values of the 

16 PCT Corridor in as natural and undeveloped state 

17 as practicable. 

18 ‘‘(2) ACTIVITIES.—Forest thinning and vegeta19 tion treatments should be considered consistent with 

20 paragraph (1) if the purpose is— 

21 ‘‘(A) to improve forest health when faced 

22 by a threat of fire, insect outbreak, or disease; 

23 ‘‘(B) to improve or maintain recreational 

24 facilities and opportunities; or 

25 ‘‘(C) to protect public health or safety. 


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1 ‘‘(c) FOREST ROADS.—Forest roads crossing the 

2 PCT Corridor or within the PCT Corridor shall be limited 

3 to those necessary for the proper use and administration 

4 of adjacent public land, as determined by the Secretary 

5 in applicable management plans. 

6 ‘‘(d) APPLICABLE LAW.—If the PCT Corridor estab7 lished by this subsection is within an area designated by 

8 Congress for special management, the most restrictive 

9 provisions of law shall apply. 

10 ‘‘(e) FISH AND WILDLIFE.—Nothing in this section 

11 affects the jurisdiction or responsibilities of the State with 

12 respect to fish and wildlife in the State. 

13 ‘‘(f) ADJACENT MANAGEMENT.—Nothing in this sec14 tion creates any protective perimeter or buffer zone 

15 around the PCT Corridor. 

16 ‘‘(g) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

17 this section diminishes any treaty rights of any Indian 

18 tribe. 

19 ‘‘SEC. 115. PRIMITIVE BACKCOUNTRY SPECIAL MANAGE20 MENT AREAS. 

21 ‘‘(a) MANAGEMENT.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall man23 age the Federal land administered by the Bureau of 

24 Land Management described in subsection (b) in a 

25 manner that preserves the natural and primitive 


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1 character of the land for recreational, scenic, and 

2 scientific use. 

3 ‘‘(2) ACTIVITIES.—Forest thinning and vegeta4 tion treatments should be considered consistent with 

5 paragraph (1) if the purpose is— 

6 ‘‘(A) to improve forest health when faced 

7 by a threat of fire, insect outbreak, or disease; 

8 ‘‘(B) to improve or maintain recreational 

9 facilities and opportunities; or 

10 ‘‘(C) to protect public health or safety. 

11 ‘‘(b) DESCRIPTION OF LAND.—The Federal land re12 ferred to in subsection (a) is the following: 

13 ‘‘(1) GRIZZLY PEAK PRIMITIVE BACKCOUNTRY

14 AREA.—Certain Federal land managed by the Bu15 reau of Land Management, comprising approxi16 mately 2,100 acres, as generally depicted on the 

17 map entitled ‘O&C Land Grant Act of 2013: Grizzly 

18 Peak Primitive Backcountry Area,’ dated November 

19 18, 2013, which shall be known as the ‘Grizzly Peak 

20 Primitive Backcountry Area’. 

21 ‘‘(2) DAKUBETEDE PRIMITIVE BACKCOUNTRY

22 AREA.—Certain Federal land managed by the Bu23 reau of Land Management, comprising approxi24 mately 21,200 acres, as generally depicted on the 

25 map entitled ‘O&C Land Grant Act of 2013: 


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1 Dakubetede Primitive Backcountry Area,’ dated No2 vember 18, 2013, which shall be known as the 

3 ‘Dakubetede Primitive Backcountry Area’. 

4 ‘‘(3) WELLINGTON WILDLANDS PRIMITIVE

5 BACKCOUNTRY AREA.—Certain Federal land man6 aged by the Bureau of Land Management, com7 prising approximately 5,700 acres, as generally de8 picted on the map entitled ‘O&C Land Grant Act of 

9 2013: Wellington Wildlands Primitive Backcountry 

10 Area,’ dated November 18, 2013, which shall be 

11 known as the ‘Wellington Wildlands Primitive 

12 Backcountry Area’. 

13 ‘‘(4) MUNGERS BUTTE PRIMITIVE

14 BACKCOUNTRY AREA.—Certain Federal land man15 aged by the Bureau of Land Management, com16 prising approximately 10,200 acres, as generally de17 picted on the map entitled ‘O&C Land Grant Act of 

18 2013: Mungers Butte Primitive Backcountry Area,’ 

19 dated November 18, 2013, which shall be known as 

20 the ‘Mungers Butte Primitive Backcountry Area’. 

21 ‘‘(5) BRUMMITT FIR PRIMITIVE BACKCOUNTRY

22 AREA.—Certain Federal land managed by the Bu23 reau of Land Management, comprising approxi24 mately 2,000 acres, as generally depicted on the 

25 map entitled ‘O&C Land Grant Act of 2013: 


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1 Brummitt Fir Primitive Backcountry Area,’ dated 

2 November 18, 2013, which shall be known as the 

3 ‘Brummitt Fir Primitive Backcountry Area’. 

4 ‘‘(6) CRABTREE VALLEY PRIMITIVE

5 BACKCOUNTRY AREA.—Certain Federal land man6 aged by the Bureau of Land Management, com7 prising approximately 2,100 acres, as generally de8 picted on the map entitled ‘O&C Land Grant Act of 

9 2013: Crabtree Valley Primitive Backcountry Area,’ 

10 dated November 18, 2013, which shall be known as 

11 the ‘Crabtree Valley Primitive Backcountry Area’. 

12 ‘‘(c) OFF-ROAD VEHICLES.—The use of motorized 

13 vehicles on Bureau of Land Management holdings in the 

14 land described in subsection (b) shall be limited to roads 

15 designated by the Secretary. 

16 ‘‘(d) FISH AND WILDLIFE.—Nothing in this section 

17 affects the jurisdiction or responsibilities of the State with 

18 respect to fish and wildlife in the State. 

19 ‘‘(e) ADJACENT MANAGEMENT.—Nothing in this sec20 tion creates any protective perimeter or buffer zone 

21 around the land described in subsection (b). 

22 ‘‘(f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

23 this section diminishes any treaty rights of any Indian 

24 tribe. 

25 ‘‘(g) LAND RECLASSIFICATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall reclas2 sify the approximately 3,600 acres of Federal gen3 erally depicted as ‘Other BLM lands’ on the maps 

4 described in subsection (b) as Oregon and California 

5 Railroad grant land. 

6 ‘‘(2) APPLICABILITY.—The land reclassified 

7 under paragraph (1) shall be considered to satisfy 

8 any requirement to reclassify public domain land as 

9 Oregon and California Railroad grant land, includ10 ing under sections 206 and 216 of the Oregon and 

11 California Land Grant Act of 2013. 

12 ‘‘SEC. 116. SPECIAL ENVIRONMENTAL ZONES. 

13 ‘‘(a) DESIGNATION.—There are established special 

14 resources management units consisting of current and 

15 proposed areas of critical environmental concern managed 

16 by the Bureau of Land Management that are not other17 wise designated by this Act, as generally depicted on the 

18 map entitled ‘O&C Land Grant Act of 2013: Special Envi19 ronmental Zones’ and dated November 18, 2013, to be 

20 known as ‘Special Environmental Zones’ (referred to in 

21 this section as ‘Special Environmental Zones’). 

22 ‘‘(b) PURPOSES.—The purposes of the Special Envi23 ronmental Zones are to provide for the protection, preser24 vation, and enhancement of ecological, scenic, cultural, 

25 watershed, and fish and wildlife values. 


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1 ‘‘(c) ADMINISTRATION.—The Secretary shall— 

2 ‘‘(1) administer the Special Environmental 

3 Zones— 

4 ‘‘(A) in accordance with the laws (includ5 ing regulations) and rules applicable to the Bu6 reau of Land Management; and 

7 ‘‘(B) consistent with section 105; and 

8 ‘‘(2) only allow uses of the Special Environ9 mental Zones that are consistent with the purposes 

10 described in subsection (b). 

11 ‘‘(d) OFF-ROAD VEHICLES.—The use of motorized 

12 vehicles on Bureau of Land Management holdings in the 

13 Special Environmental Zones shall be limited to roads des14 ignated by the Secretary. 

15 ‘‘(e) FISH AND WILDLIFE.—Nothing in this section 

16 affects the jurisdiction or responsibilities of the State with 

17 respect to fish and wildlife in the State. 

18 ‘‘(f) ADJACENT MANAGEMENT.—Nothing in this sec19 tion creates any protective perimeter or buffer zone 

20 around the Special Environmental Zones. 

21 ‘‘(g) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

22 this section diminishes any treaty rights of any Indian 

23 tribe. 

24 ‘‘(h) EFFECT ON OTHER LAWS.—If a Special Envi25 ronmental Zone established by this section is located withVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6401 E:\BILLS\S1784.RS S1784

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1 in an area designated by Congress for special manage2 ment, the most restrictive provisions of Federal law shall 

3 apply. 

4 ‘‘SEC. 117. LAND OWNERSHIP CONSOLIDATION. 

5 ‘‘(a) IN GENERAL.—The Secretary shall seek to con6 solidate Federal and non-Federal land by conveying the 

7 covered land and by acquiring private or State-owned land 

8 to create more contiguous blocks of land under the juris9 diction of the Secretary— 

10 ‘‘(1) to improve the efficiency of management of 

11 the Federal land; 

12 ‘‘(2) to facilitate resource management on the 

13 Federal land; or 

14 ‘‘(3) to improve the conservation value of the 

15 Federal land. 

16 ‘‘(b) REVIEW.—Not later than 180 days after the 

17 date of enactment of the Oregon and California Land 

18 Grant Act of 2013, the Secretary shall review and inven19 tory the covered land to identify any public land that— 

20 ‘‘(1) as the result of location or other char21 acteristic, is no longer necessary or appropriate for 

22 continued Federal management in accordance with 

23 this Act; or 

24 ‘‘(2) is determined to facilitate achieving any of 

25 the purposes described in subsection (a). 


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1 ‘‘(c) CONSULTATION WITH ADJACENT LAND2 OWNERS.—As soon as practicable after completing the re3 view and inventory under subsection (b), the Secretary 

4 shall consult with the owners of adjacent land to deter5 mine whether there is mutual interest in entering into land 

6 exchanges if the exchange will meet any of the purposes 

7 described in subsection (a). 

8 ‘‘(d) EXPEDITED LAND EXCHANGES.— 

9 ‘‘(1) IN GENERAL.—If an owner of adjacent 

10 land described in subsection (c) expresses interest in 

11 participating in a land exchange under this section, 

12 the Secretary may complete that land exchange in 

13 accordance with paragraphs (2) through (5). 

14 ‘‘(2) PUBLIC INTEREST DETERMINATION.— 

15 ‘‘(A) IN GENERAL.—If an owner of adja16 cent land described in subsection (c) proposes 

17 to the Secretary entering into a land exchange 

18 under this section, the Secretary shall, not later 

19 than 90 days after receiving the proposal, de20 termine whether the public interest will be well21 served by making the exchange. 

22 ‘‘(B) FAILURE TO MAKE PUBLIC INTEREST

23 DETERMINATION.—If the Secretary fails to 

24 make the determination by the date described 

25 in subparagraph (A), the Secretary shall submit 


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1 to the Committee on Energy and Natural Re2 sources of the Senate and the Committee on 

3 Natural Resources of the House of Representa4 tives— 

5 ‘‘(i) a report explaining the reason 

6 why the determination has not been made; 

7 and 

8 ‘‘(ii) every 30 days after the report 

9 described in clause (i) is submitted until 

10 the date on which the Secretary makes a 

11 determination, an updated report. 

12 ‘‘(3) EXCHANGE PENDING COMPLETION OF AP13 PRAISALS.—If the Secretary determines that a pro14 posed land exchange is in the public interest, the 

15 Secretary may allow for the Federal and non-Fed16 eral land to be exchanged pending completion of ap17 praisals, subject to a binding commitment from the 

18 non-Federal landowner and any terms and condi19 tions the Secretary may require to ensure that the 

20 values of the Federal and non-Federal land are ulti21 mately equal or equalized in accordance with section 

22 206(b) of the Federal Land Policy and Management 

23 Act of 1976 (43 U.S.C. 1716(b)). 

24 ‘‘(4) LAND OF APPROXIMATELY EQUAL

25 VALUE.—In order to expedite a land exchange that 


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1 the Secretary has determined to be in the public in2 terest under paragraph (2), the Secretary may use 

3 the authority to exchange land of approximately 

4 equal value in accordance with section 206(h) of the 

5 Federal Land Policy and Management Act of 1976 

6 (43 U.S.C. 1716(h)) as applicable. 

7 ‘‘(5) ADDITIONAL EXCHANGE AUTHORITY.— 

8 The Secretary may exercise the authority under the 

9 Act of March 20, 1922 (16 U.S.C. 485), to facilitate 

10 land exchanges under this section, except that any 

11 reference to the Secretary of Agriculture in that Act 

12 shall be considered to be a reference to the Sec13 retary, and any reference to national forests in that 

14 Act shall be considered to be a reference to covered 

15 land. 

16 ‘‘(e) SALE OF PUBLIC LAND.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) ESTABLISHMENT.—The Secretary 

19 shall establish a program to complete appraisals 

20 and satisfy other legal requirements for the sale 

21 or exchange of public land identified for dis22 posal under this section. 

23 ‘‘(B) PRIORITY SALES.—The Secretary 

24 shall prioritize the sales of land of those parcels 

25 identified by the Secretary as suitable for disVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6401 E:\BILLS\S1784.RS S1784

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1 posal as of the date of enactment of the Oregon 

2 and California Land Grant Act of 2013, identi3 fied as ‘Land Tenure, Zone 3’ as generally de4 picted on the map entitled ‘Western Oregon 

5 Forestry Land Tenure, Zone 3’ and dated Sep6 tember 6, 2013. 

7 ‘‘(2) SALE PROCEDURES.—The sale of public 

8 land identified under subsection (a) shall be con9 ducted in accordance with sections 203 and 209 of 

10 the Federal Land Policy and Management Act of 

11 1976 (43 U.S.C. 1713, 1719). 

12 ‘‘(3) EXCEPTIONS TO COMPETITIVE BIDDING

13 REQUIREMENTS.—The exceptions to competitive bid14 ding requirements under section 203(f) of the Fed15 eral Land Policy and Management Act of 1976 (43 

16 U.S.C. 1713(f)) shall apply to this section in cases 

17 in which the Secretary determines it to be necessary. 

18 ‘‘(f) USE OF PROCEEDS.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding any other 

20 provision of law (other than a law that specifically 

21 provides for a portion of the proceeds of a land sale 

22 to be distributed to any trust fund of the State), 

23 proceeds from the sale under subsection (e) of land 

24 described in subsection (a) shall— 


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1 ‘‘(A) in the case of land sold within a for2 estry emphasis area, be deposited into a sepa3 rate account in the Treasury to be known as 

4 the ‘O&C Land—Forestry Emphasis Areas Ac5 quisition Account’; and 

6 ‘‘(B) in the case of land sold within a con7 servation emphasis area, be deposited into a 

8 separate account in the Treasury to be known 

9 as the ‘O&C Land—Conservation Emphasis 

10 Areas Acquisition Account’. 

11 ‘‘(2) AVAILABILITY.—Amounts in the accounts 

12 described in paragraph (1) shall be available to the 

13 Secretary, without further appropriation, to pur14 chase land or interests in land, from willing sellers 

15 only, if acquisition of the non-Federal land will meet 

16 1 or more of the purposes described in subsection 

17 (a). 

18 ‘‘(3) ADMINISTRATIVE EXPENSES.—An amount 

19 not to exceed 20 percent of the funds deposited in 

20 the accounts described in paragraph (1) may be used 

21 by the Secretary for administrative and other ex22 penses necessary to carry out the activities author23 ized in this section. 


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1 ‘‘(g) BALANCE IN ACCOUNTS.—The Secretary shall 

2 administer the balance in the accounts described in sub3 section (f)(1) as follows: 

4 ‘‘(1) The Secretary shall not complete the sale 

5 of more than 5,000 acres of the land identified 

6 under subsection (b) prior to obligating funds from 

7 the accounts described in subsection (f)(1) for the 

8 acquisition of at least 1 parcel. 

9 ‘‘(2) The Secretary shall seek to keep the bal10 ances in the accounts described in subsection (f)(1) 

11 low by using the funds in the accounts to acquire 

12 parcels as soon as practicable. 

13 ‘‘(h) ACQUIRED LAND.— 

14 ‘‘(1) FORESTRY EMPHASIS AREAS.—Any land 

15 or interest in land acquired using funds from the 

16 O&C Land—Forestry Emphasis Areas Acquisition 

17 Account shall be administered by the Secretary in 

18 accordance with section 103. 

19 ‘‘(2) CONSERVATION EMPHASIS AREAS.—Any 

20 land or interest in land acquired using funds from 

21 the O&C Land—Conservation Emphasis Areas Ac22 quisition Account shall be administered by the Sec23 retary in accordance with section 105. 


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1 ‘‘SEC. 118. CATEGORICAL EXCLUSIONS. 

2 ‘‘(a) IN GENERAL.—Except as provided in subsection 

3 (c), the eligible activities described in subsection (b) that 

4 are conducted on covered land in accordance with this sec5 tion shall be— 

6 ‘‘(1) considered an action categorically excluded 

7 from the requirements for an environmental assess8 ment or an environmental impact statement under 

9 the National Environmental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.) or section 1508.4 of title 40, 

11 Code of Federal Regulations (or a successor regula12 tion); and 

13 ‘‘(2) exempt from administrative review. 

14 ‘‘(b) ELIGIBLE ACTIVITIES.—The eligible activities 

15 referred to in subsection (a) consist of the following: 

16 ‘‘(1) The placement of trees and portions of 

17 trees in streams to benefit fish species. 

18 ‘‘(2) The planting of riparian vegetation with 

19 species of vegetation native to the State. 

20 ‘‘(3) The replacement of culverts that— 

21 ‘‘(A) impede fish passage; or 

22 ‘‘(B) are unable to withstand a 100-year 

23 flood event. 

24 ‘‘(4) The removal of any road that— 

25 ‘‘(A) was not established by the Bureau of 

26 Land Management; and 


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1 ‘‘(B) was established less than 20 years be2 fore the date of removal of the road. 

3 ‘‘(c) EXCLUSION OF CERTAIN AREAS.—Subsection 

4 (a) does not apply to eligible activities located in— 

5 ‘‘(1) a component of the National Wilderness 

6 Preservation System; 

7 ‘‘(2) a wilderness study area; or 

8 ‘‘(3) an area in which activities described in 

9 subsection (b) would be inconsistent with the appli10 cable resource management plan. 

11 ‘‘SEC. 119. CLOSURE OR DECOMMISSIONING OF BUREAU OF 

12 LAND MANAGEMENT ROADS. 

13 ‘‘(a) CLOSURE OR DECOMMISSIONING OF BLM 

14 ROADS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall seek to 

16 close or decommission nonessential roads on covered 

17 land in a manner that, minimizes, to the maximum 

18 extent practicable, the hydrologic impact of the clo19 sure or decommissioning. 

20 ‘‘(2) PRIORITY.—In carrying out paragraph (1), 

21 the Secretary shall prioritize nonessential roads for 

22 closure or decommissioning, using the following cri23 teria: 


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1 ‘‘(A) Nonessential roads that are most 

2 likely to cause the greatest magnitude of envi3 ronmental harm, including— 

4 ‘‘(i) roads located on steep slopes; 

5 ‘‘(ii) roads located in a manner that 

6 cause, or are at a risk of causing, chronic 

7 sedimentation, road failure, landslides, or 

8 other environmental concerns (including 

9 roads with high densities of stream cross10 ings); 

11 ‘‘(iii) roads that pose public safety 

12 concerns; or 

13 ‘‘(iv) roads that, if closed or decom14 missioned, would significantly enhance wa15 tershed function and wildlife habitat 

16 through the restoration of large blocks of 

17 habitat. 

18 ‘‘(B) The usage of the nonessential road 

19 for administrative activities of the Bureau of 

20 Land Management or by the public. 

21 ‘‘(C) The expenses necessary to complete 

22 the closure or decommissioning of the non23 essential road. 

24 ‘‘(b) LEGACY ROADS AND TRAILS PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish a program to be known as the ‘Legacy Roads 

3 and Trails’ program to provide— 

4 ‘‘(A) urgently needed road decommis5 sioning, road and trail repair and maintenance 

6 and associated activities, and removal of fish 

7 passage barriers, especially in areas in which 

8 roads may be contributing to water quality 

9 problems in streams and water bodies that sup10 port threatened, endangered, or sensitive spe11 cies or community water sources; 

12 ‘‘(B) urgently needed road repairs required 

13 due to recent storm events; or 

14 ‘‘(C) the decommissioning of unauthorized 

15 roads that are not part of the transportation 

16 system. 

17 ‘‘(2) PROJECT SELECTION.— 

18 ‘‘(A) IN GENERAL.—The Secretary shall 

19 use public input in the selection of projects and 

20 display its selection process on the website of 

21 the Bureau of Land Management. 

22 ‘‘(B) PRIORITIES.—In selecting projects 

23 under this subsection, the Secretary shall give 

24 priority to— 


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1 ‘‘(i) decommissioning and repairing 

2 roads and trails in environmentally sen3 sitive areas; and 

4 ‘‘(ii) areas in which roads may be con5 tributing to water quality problems in 

6 streams and water bodies the support 

7 threatened or endangered species, or spe8 cies considered sensitive by the Secretary. 

9 ‘‘(3) REPORT TO CONGRESS.—Not later than 

10 120 days after the end of each fiscal year, the Sec11 retary shall submit to Congress a report on the sta12 tus of the projects selected for completion in the fol13 lowing 2 fiscal years. 

14 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to carry out 

16 this subsection $5,000,000 for each of fiscal years 

17 2013 through 2023. 

18 ‘‘SEC. 120. SPECIAL MANAGEMENT AND RESEARCH AREAS. 

19 ‘‘(a) IN GENERAL.—The Secretary shall designate 

20 50,000 acres across 2 to 5 sites in both moist forests and 

21 dry forests to be comanaged by the Secretary and Oregon 

22 State University as special management and research 

23 areas in accordance with the criteria described in sub24 section (b). 


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1 ‘‘(b) CRITERIA.—In designating land as special man2 agement and research areas under subsection (a), the Sec3 retary shall designate— 

4 ‘‘(1) 20 to 30 percent of land that is designated 

5 as ‘Conservation Emphasis Areas’ on the maps de6 scribed in section 102(a)(2); 

7 ‘‘(2) 70 to 80 percent of land that is designated 

8 as ‘Forestry Emphasis Areas’ on the maps described 

9 in section 102(a)(2); 

10 ‘‘(3) land, to the maximum extent practicable, 

11 contiguous to other land designated under sub12 section (a); 

13 ‘‘(4) land within close proximity of other land 

14 designated under subsection (a); 

15 ‘‘(5) land located within 150 miles of the main 

16 campus of Oregon State University in Corvallis, Or17 egon; and 

18 ‘‘(6) selected in consultation with Oregon State 

19 University. 

20 ‘‘(c) AUTHORIZED PROJECTS.—Land designated 

21 under subsection (a) shall be used for the conducting by 

22 institutions of higher education in the State of research 

23 projects and demonstration projects that address— 

24 ‘‘(1) increasing social awareness and knowledge 

25 of the environmental, social, and economic impacts 


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1 on the implementation of ecological forestry on pub2 lic land; 

3 ‘‘(2) improving the health of rural communities 

4 and citizens; 

5 ‘‘(3) reducing catastrophic fires and the deg6 radation of ecosystem health; 

7 ‘‘(4) increasing conservation with a landscape 

8 approach; and 

9 ‘‘(5) understanding the riparian reserve ap10 proaches authorized under this Act. 

11 ‘‘(d) MONITORING.—Work performed on land des12 ignated under subsection (a) shall include— 

13 ‘‘(1) post-treatment monitoring of the effects of 

14 the treatments on the land; and 

15 ‘‘(2) if practicable, monitoring of other projects 

16 implemented under this Act, including monitoring 

17 by— 

18 ‘‘(A) diverse stakeholders; 

19 ‘‘(B) collaborative groups; 

20 ‘‘(C) Federal agencies; and 

21 ‘‘(D) institutions of higher educations. 

22 ‘‘(e) INSTITUTIONS OF HIGHER EDUCATION.—At 

23 least 10 percent of the authorized projects conducted an24 nually under this section shall be conducted by an instituVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6401 E:\BILLS\S1784.RS S1784

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1 tion of higher education in the State other than Oregon 

2 State University. 

3 ‘‘(f) MINIMUM ACREAGE.— 

4 ‘‘(1) IN GENERAL.—At least 3,750 acres of the 

5 land designated under subsection (a) shall be treated 

6 during each 5-year period. 

7 ‘‘(2) FAILURE TO TREAT.—If the minimum 

8 acreage under paragraph (1) is not treated for two 

9 5-year periods during a 20-year period, management 

10 of the land designated under subsection (a) shall re11 vert to traditional management status by the Sec12 retary. 

13 ‘‘(g) REVIEW.—The Bureau of Land Management 

14 State Director shall— 

15 ‘‘(1) review and decide whether to permit each 

16 proposed treatment to be conducted as part of an 

17 authorized project; and 

18 ‘‘(2) review for adequacy the paperwork re19 quired to be prepared for each treatment. 

20 ‘‘(h) EFFECT.—Nothing in this section supersedes or 

21 modifies any provision of Federal law not expressly super22 seded or modified by this section. 


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1 ‘‘SEC. 121. COMPLIANCE. 

2 ‘‘(a) IN GENERAL.—The Secretary shall establish 

3 guidelines to ensure that the following trees are not cut 

4 in the covered area in violation of this Act: 

5 ‘‘(1) Nest trees. 

6 ‘‘(2) Trees equal to or greater than 250 years 

7 of age measured at breast height. 

8 ‘‘(3) Old growth trees less than 250 years of 

9 age measured at breast height. 

10 ‘‘(b) ISSUANCE OF PENALTY TO THE CON11 TRACTOR.—If a contractor cuts a tree described in para12 graph (1) or (2) of subsection (a), the contractor shall 

13 make a payment to the Secretary equal to 3 times the 

14 value of that tree, as determined under subsection (c). 

15 ‘‘(c) VALUATION.— 

16 ‘‘(1) IN GENERAL.—The stumpage value of the 

17 1 or more trees described in paragraph (1) or (2) of 

18 subsection (a) shall be used to calculate the amount 

19 of the payment to be made under subsection (b) in 

20 accordance with this subsection. 

21 ‘‘(2) VOLUME OF TREES CUT.—The volume of 

22 the trees cut shall be calculated using— 

23 ‘‘(A) the Scribner Decimal C Log Rule; 

24 and 

25 ‘‘(B) West-Side Scaling methods. 

26 ‘‘(3) STUMPAGE VALUE OF TREES.— 


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1 ‘‘(A) IN GENERAL.—The stumpage value 

2 of the trees cut shall be determined using the 

3 Log Price Report or other similar document 

4 prepared regularly by the Oregon Department 

5 of Forestry in accordance with this subsection. 

6 ‘‘(B) STUMPAGE VALUE.—The stumpage 

7 value of the trees used shall be based on the av8 erage price paid by mills on delivery for similar 

9 trees harvested— 

10 ‘‘(i) in the same calendar year quarter 

11 that the trees cut were discovered to be in 

12 violation of this Act; and 

13 ‘‘(ii) in the same region of the State, 

14 as determined by the Oregon Department 

15 of Forestry. 

16 ‘‘(C) TRANSPORTATION COSTS.—The costs 

17 of transporting the cut trees to a mill shall not 

18 be considered when determining the value of the 

19 trees under this subsection. 

20 ‘‘(d) PENALTY SYSTEM.— 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

22 not later than 180 days after the date of enactment 

23 of the Oregon and California Land Grant Act of 

24 2013, the Secretary shall establish a penalty system 

25 designed to deter contractors from cutting trees in 


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1 the covered area, in violation of this Act, that are 

2 between the ages of 150 and 250 measured at breast 

3 height. 

4 ‘‘(2) RESTRICTIONS.— 

5 ‘‘(A) IN GENERAL.—The penalty system 

6 under paragraph (1) shall allow for some de 

7 minimis quantity of trees described in that 

8 paragraph, as determined by the Secretary, to 

9 be determined to be trees cut in error and not 

10 subject to penalty. 

11 ‘‘(B) MODIFICATION OF PENALTY SYS12 TEM.—If the quantity of trees described in 

13 paragraph (1) that are cut by a contractor is 

14 greater than twice the de minimis quantity es15 tablished by the Secretary, the Secretary shall, 

16 after public notice and opportunity to comment 

17 for a period of 30 days, revise the penalty sys18 tem accordingly. 

19 ‘‘SEC. 122. REVIEW BY ADVISORY PANEL. 

20 ‘‘(a) IN GENERAL.—Not later than 10 years after the 

21 date of enactment of the Oregon and California Land 

22 Grant Act of 2013 and every 10 years thereafter, the Sec23 retary shall convene a scientific and technical advisory 

24 panel of scientists that are not permanent employees of 

25 the Bureau of Land Management to perform a comVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6401 E:\BILLS\S1784.RS S1784

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1 prehensive scientific and managerial review on whether the 

2 provisions of this Act have been implemented in a manner 

3 that results in robust timber harvests and maintains envi4 ronmental values, including— 

5 ‘‘(1) the effect on forest health; 

6 ‘‘(2) the effect on watershed health; 

7 ‘‘(3) impacts to early and late successional 

8 habitat; and 

9 ‘‘(4) the effectiveness of the riparian reserves. 

10 ‘‘(b) REPORT.—Not later than 180 days after the 

11 date on which a panel is convened under subsection (a), 

12 the panel shall submit to Congress a report that includes 

13 recommendations with respect to the implementation of 

14 this Act, including recommendations for any additional 

15 legislation needed to implement this Act. 

16 ‘‘SEC. 123. TRANSITION. 

17 ‘‘(a) IN GENERAL.—During the period beginning on 

18 the date of enactment of the Oregon and California Land 

19 Grant Act of 2013 and ending 90 days after the date the 

20 record of decision is completed under section 104, a transi21 tion period (referred to in this section as the ‘transition 

22 period’) shall be in effect in accordance with this section. 

23 ‘‘(b) MANAGEMENT.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), during the transition period, the SecVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6401 E:\BILLS\S1784.RS S1784

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1 retary shall manage the covered land, including con2 tinuing to plan timber sales and restoration projects, 

3 in accordance with the designations, allocation, and 

4 requirements of this Act. 

5 ‘‘(2) PENDING TIMBER SALES.—Timber sales 

6 for which an environmental impact statement, envi7 ronmental assessment, or categorical exclusion docu8 mentation required under the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

10 has been completed or will be completed during the 

11 60-day period beginning on the date of enactment of 

12 the Oregon and California Land Grant Act of 2013 

13 shall proceed in accordance with the terms of the 

14 sales. 

15 ‘‘(c) SPECIAL ADMINISTRATIVE REVIEW PROCESS.— 

16 The procedures established under section 105 of the 

17 Healthy Forests Restoration Act of 2003 (16 U.S.C. 

18 6515) shall be the only process to administratively chal19 lenge projects during the transition period. 

20 ‘‘(d) EXISTING CONTRACTS.— 

21 ‘‘(1) IN GENERAL.—Any work or timber con22 tract sold or awarded by the Secretary on or with 

23 respect to covered land before the date of enactment 

24 of the Oregon and California Land Grant Act of 


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1 2013 shall remain binding and effective according to 

2 the terms of the contract. 

3 ‘‘(2) ADMINISTRATION.—The Secretary shall 

4 seek to make such accommodations as are necessary 

5 to avoid interfering with the performance of a con6 tract described in paragraph (1). 

7 ‘‘(e) EXISTING ACCESS RIGHTS.— 

8 ‘‘(1) IN GENERAL.—During the transition pe9 riod, the Secretary shall preserve all rights of access 

10 and use of covered land (including reciprocal rights11 of-way agreements, tail hold agreements, or other 

12 right-of-way or easement obligations) existing on the 

13 date of enactment of the Oregon and California 

14 Land Grant Act of 2013. 

15 ‘‘(2) ADMINISTRATION.—Rights described in 

16 paragraph (1) shall remain applicable to covered 

17 land in the same manner and to the same extent as 

18 the rights applied before the date of enactment of 

19 the Oregon and California Land Grant Act of 2013. 

20 ‘‘SEC. 124. EFFECT. 

21 ‘‘Nothing in this Act affects any private ownership 

22 or rights, including rights-of-way and tribal treaty rights, 

23 or terminates any valid lease, permit, patent, or other 

24 right of authorization existing on the date of enactment 


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1 of the Oregon and California Land Grant Act of 2013 with 

2 regard to covered land.’’. 

3 SEC. 102. DISTRIBUTION OF FUNDS. 

4 (a) IN GENERAL.—Title II of the Oregon and Cali5 fornia Land Grant Act (43 U.S.C. 1181f) is amended to 

6 read as follows: 

7 ‘‘TITLE II—DISTRIBUTION OF 

8 FUNDS 

9 ‘‘SEC. 201. DISTRIBUTION OF FUNDS. 

10 ‘‘(a) FUND.—Effective for fiscal year 2014 and each 

11 fiscal year thereafter, all funds deposited in the Treasury 

12 in the special fund designated the ‘Oregon and California 

13 Railroad Land-Grant Fund’ shall be distributed annually 

14 in accordance with this section. 

15 ‘‘(b) GENERAL FUND.—Subject to subsection 

16 (d)(4)(C), as soon as practicable after the end of each fis17 cal year described in subsection (a), $4,000,000 of all 

18 amounts received for the applicable fiscal year by the Sec19 retary from the covered land shall be transferred to the 

20 general fund of the Treasury. 

21 ‘‘(c) ADMINISTRATIVE COSTS.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

23 and subsection (d)(4)(C), all amounts received for 

24 the applicable fiscal year by the Secretary from the 

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1 ment and administrative expenses for, and capital 

2 improvement costs on, covered land. 

3 ‘‘(2) LIMITATIONS.—The amount of revenue 

4 that is used to pay for expenses and costs for a fis5 cal year under paragraph (1) shall not exceed— 

6 ‘‘(A) 25 percent of all amounts received for 

7 the applicable fiscal year by the Secretary from 

8 the covered land during the fiscal year; or 

9 ‘‘(B) $20,000,000. 

10 ‘‘(d) PAYMENTS TO COUNTIES.— 

11 ‘‘(1) IN GENERAL.—All amounts received for 

12 the applicable fiscal year by the Secretary from the 

13 covered land during a fiscal year that is in excess of 

14 the amount necessary to carry out subsections (b) 

15 and (c) shall be provided to the counties that con16 tain covered land (referred to in this subsection as 

17 a ‘covered county’) in the form of annual payments. 

18 ‘‘(2) TIMING.—Payments shall be made avail19 able to covered counties under this subsection as 

20 soon as practicable following the end of each fiscal 

21 year. 

22 ‘‘(3) OTHER COUNTY FUNDS.—Payments made 

23 to covered counties under this subsection shall be 

24 used as other county funds. 

25 ‘‘(4) AMOUNT.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graphs (B) and (C), for each fiscal year de3 scribed in subsection (a), the amount of pay4 ments allocated under this subsection to each 

5 covered county for a fiscal year shall be equal 

6 to the ratio that— 

7 ‘‘(i) the assessed value of covered land 

8 in the covered county for fiscal year 1915; 

9 bears to 

10 ‘‘(ii) the assessed value of covered 

11 land in all covered counties for fiscal year 

12 1915. 

13 ‘‘(B) NONASSESSED LAND.—For purposes 

14 of subparagraph (A), the portion of the covered 

15 lands in each of the covered counties that was 

16 not assessed for fiscal year 1915 shall be con17 sidered to have been assessed at the average as18 sessed value of the covered land in the covered 

19 county. 

20 ‘‘(C) MINIMUM AMOUNT.— 

21 ‘‘(i) IN GENERAL.—Subject to clauses 

22 (ii) and (iii), the annual payment paid to 

23 a covered county under this subsection, to 

24 the extent practicable, shall not be less 

25 than the payment that the covered county 


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1 would have received solely under this Act 

2 for fiscal year 2013 if the covered county 

3 had elected to receive payment under this 

4 Act and not under any other law. 

5 ‘‘(ii) USE OF GENERAL FUND

6 SHARE.—If the portion of revenues to be 

7 provided to a covered county for a fiscal 

8 year is less than the amount described in 

9 clause (i), the payment made to the Treas10 ury for the fiscal year under subsection (b) 

11 shall be reduced by an amount necessary 

12 to provide the minimum payments required 

13 under clause (i) for the covered county. 

14 ‘‘(iii) USE OF ADMINISTRATIVE COSTS

15 SHARE.—If the minimum payments re16 quired under clause (i) could not be made 

17 to all covered counties after the payment 

18 made to the Treasury is reduced under 

19 clause (ii), the payment made for adminis20 trative expenses for the fiscal year under 

21 subsection (c) shall be reduced by an 

22 amount necessary to provide the minimum 

23 payments required under clause (i) for all 

24 covered counties.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) takes effect on October 1, 2013. 

3 SEC. 103. WILD AND SCENIC RIVER DESIGNATIONS. 

4 (a) IN GENERAL.—Section 3(a) of the Wild and Sce5 nic Rivers Act (16 U.S.C. 1274(a)) is amended by adding 

6 at the end the following: 

7 ‘‘(208) NESTUCCA RIVER, OREGON.—The ap8 proximately 15-mile segment from its confluence 

9 with Ginger Creek downstream until it crosses T. 4 

10 S., R. 7 W., sec. 7, Willamette Meridian, to be ad11 ministered by the Secretary of the Interior as a rec12 reational river. 

13 ‘‘(209) WALKER CREEK, OREGON.—The ap14 proximately 3-mile segment from the headwaters in 

15 T. 3 S., R. 6 W., sec. 20 downstream to the con16 fluence with the Nestucca River in T. 3 S., R. 6 W., 

17 sec. 15, Willamette Meridian, to be administered by 

18 the Secretary of the Interior as a recreational river. 

19 ‘‘(210) NORTH FORK SILVER CREEK, OR20 EGON.—The approximately 6-mile segment from the 

21 headwaters in T. 35 S., R. 9 W., sec. 1 downstream 

22 to the edge of the Bureau of Land Management 

23 boundary in T. 35 S., R. 9 W., sec. 17, Willamette 

24 Meridian, to be administered by the Secretary of the 

25 Interior as a recreational river. 


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1 ‘‘(211) JENNY CREEK, OREGON.—The approxi2 mately 20-mile segment from the Bureau of Land 

3 Management boundary located at the north bound4 ary of the southwest quarter of the southeast quar5 ter of T. 38 S., R. 4 E., sec. 34, Willamette Merid6 ian, downstream to the Oregon State border, to be 

7 administered by the Secretary of the Interior as a 

8 scenic river. 

9 ‘‘(212) SPRING CREEK, OREGON.—The approxi10 mately 1-mile segment from its source at Shoat 

11 Springs in T. 40 S., R. 4 E., sec. 34, Willamette 

12 Meridian, downstream to the confluence with Jenny 

13 Creek in T. 41 S., R. 4 E., sec. 3, Willamette Merid14 ian, to be administered by the Secretary of the Inte15 rior as a scenic river. 

16 ‘‘(213) LOBSTER CREEK, OREGON.—The ap17 proximately 6-mile segment from T. 15 S., R. 8 W., 

18 sec. 35, Willamette Meridian, downstream to the 

19 edge of the Bureau of Land Management boundary 

20 in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, 

21 to be administered by the Secretary of the Interior 

22 as a recreational river.’’. 

23 (b) WITHDRAWAL.—Subject to valid existing rights, 

24 the Federal land within the boundaries of the river seg25 ments designated by paragraphs (208) through (213) of 


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1 section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 

2 1274(a)) is withdrawn from all forms of— 

3 (1) entry, appropriation, or disposal under the 

4 public land laws; 

5 (2) location, entry, and patent under the mining 

6 laws; and 

7 (3) disposition under all laws relating to min8 eral and geothermal leasing or mineral materials. 

9 TITLE II—TRIBAL LAND 

10 Subtitle A—Oregon Coastal Land 

11 Conveyance 

12 SEC. 201. DEFINITIONS. 

13 In this subtitle: 

14 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

15 means the approximately 14,804 acres of Federal 

16 land, as generally depicted on the map entitled ‘‘Or17 egon Coastal Land Conveyance’’, and dated March 

18 27, 2013. 

19 (2) PLANNING AREA.—The term ‘‘planning 

20 area’’ means land— 

21 (A) administered by the Director of the 

22 Bureau of Land Management; and 

23 (B) located in— 

24 (i) the Coos Bay District; 

25 (ii) the Eugene District; 


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1 (iii) the Medford District; 

2 (iv) the Roseburg District; 

3 (v) the Salem District; and 

4 (vi) the Klamath Falls Resource Area 

5 of the Lakeview District. 

6 (3) PUBLIC DOMAIN LAND.— 

7 (A) IN GENERAL.—The term ‘‘public do8 main land’’ has the meaning given the term 

9 ‘‘public lands’’ in section 103 of the Federal 

10 Land Policy and Management Act of 1976 (43 

11 U.S.C. 1702). 

12 (B) EXCLUSION.—The term ‘‘public do13 main land’’ does not include any land managed 

14 in accordance with the Act of August 28, 1937 

15 (43 U.S.C. 1181a et seq.). 

16 (4) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior. 

18 (5) TRIBE.—The term ‘‘Tribe’’ means the Con19 federated Tribes of Coos, Lower Umpqua, and 

20 Siuslaw Indians. 

21 SEC. 202. CONVEYANCE. 

22 (a) IN GENERAL.—Subject to valid existing rights, 

23 including rights-of-way, all right, title, and interest of the 

24 United States in and to the Federal land, including any 

25 improvements located on the Federal land, appurtenances 


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1 to the Federal land, and minerals on or in the Federal 

2 land, including oil and gas, shall be— 

3 (1) held in trust by the United States for the 

4 benefit of the Tribe; and 

5 (2) part of the reservation of the Tribe. 

6 (b) SURVEY.—Not later than 180 days after the date 

7 of enactment of this Act, the Secretary shall complete a 

8 survey of the boundary lines to establish the boundaries 

9 of the land taken into trust under subsection (a). 

10 SEC. 203. MAP AND LEGAL DESCRIPTION. 

11 (a) IN GENERAL.—As soon as practicable after the 

12 date of enactment of this Act, the Secretary shall file a 

13 map and legal description of the Federal land with— 

14 (1) the Committee on Energy and Natural Re15 sources of the Senate; and 

16 (2) the Committee on Natural Resources of the 

17 House of Representatives. 

18 (b) FORCE AND EFFECT.—The map and legal de19 scription filed under subsection (a) shall have the same 

20 force and effect as if included in this subtitle, except that 

21 the Secretary may correct any clerical or typographical er22 rors in the map or legal description. 

23 (c) PUBLIC AVAILABILITY.—The map and legal de24 scription filed under subsection (a) shall be on file and 


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1 available for public inspection in the Office of the Sec2 retary. 

3 SEC. 204. ADMINISTRATION. 

4 (a) IN GENERAL.—Unless expressly provided in this 

5 subtitle, nothing in this subtitle affects any right or claim 

6 of the Tribe existing on the date of enactment of this Act 

7 to any land or interest in land. 

8 (b) PROHIBITIONS.— 

9 (1) EXPORTS OF UNPROCESSED LOGS.—Fed10 eral law (including regulations) relating to the ex11 port of unprocessed logs harvested from Federal 

12 land shall apply to any unprocessed logs that are 

13 harvested from the Federal land. 

14 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

15 property taken into trust under section 202 shall not 

16 be eligible, or used, for any gaming activity carried 

17 out under Public Law 100–497 (25 U.S.C. 2701 et 

18 seq.). 

19 SEC. 205. FOREST MANAGEMENT. 

20 Any commercial forestry activity that is carried out 

21 on the Federal land shall be managed in accordance with 

22 all applicable Federal laws. 

23 SEC. 206. LAND RECLASSIFICATION. 

24 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

25 RAILROAD GRANT LAND.—Not later than 180 days after 


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1 the date of enactment of this Act, the Secretary of Agri2 culture and the Secretary shall identify any Oregon and 

3 California Railroad grant land that is conveyed under sec4 tion 202. 

5 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

6 Not later than 18 months after the date of enactment of 

7 this Act, the Secretary shall identify public domain land 

8 that— 

9 (1) is approximately equal in acreage and con10 dition as the land identified under subsection (a); 

11 and 

12 (2) is located within the planning area. 

13 (c) MAPS.—Not later than 2 years after the date of 

14 enactment of this Act, the Secretary shall submit to Con15 gress and publish in the Federal Register 1 or more maps 

16 depicting the land identified in subsections (a) and (b). 

17 (d) RECLASSIFICATION.— 

18 (1) IN GENERAL.—After providing an oppor19 tunity for public comment, the Secretary shall re20 classify the land identified in subsection (b) as Or21 egon and California Railroad grant land. 

22 (2) APPLICABILITY.—The Act of August 28, 

23 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

24 reclassified as Oregon and California Railroad grant 

25 land under paragraph (1). 


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1 Subtitle B—Canyon Mountain Land 

2 Conveyance 

3 SEC. 211. DEFINITIONS. 

4 In this subtitle: 

5 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

6 means the approximately 17,826 acres of Federal 

7 land, as generally depicted on the map entitled 

8 ‘‘Canyon Mountain Land Conveyance’’, and dated 

9 June 27, 2013. 

10 (2) PLANNING AREA.—The term ‘‘planning 

11 area’’ means land— 

12 (A) administered by the Director of the 

13 Bureau of Land Management; and 

14 (B) located in— 

15 (i) the Coos Bay District; 

16 (ii) the Eugene District; 

17 (iii) the Medford District; 

18 (iv) the Roseburg District; 

19 (v) the Salem District; and 

20 (vi) the Klamath Falls Resource Area 

21 of the Lakeview District. 

22 (3) PUBLIC DOMAIN LAND.— 

23 (A) IN GENERAL.—The term ‘‘public do24 main land’’ has the meaning given the term 

25 ‘‘public lands’’ in section 103 of the Federal 


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1 Land Policy and Management Act of 1976 (43 

2 U.S.C. 1702). 

3 (B) EXCLUSION.—The term ‘‘public do4 main land’’ does not include any land managed 

5 in accordance with the Act of August 28, 1937 

6 (43 U.S.C. 1181a et seq.). 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (5) TRIBE.—The term ‘‘Tribe’’ means the Cow 

10 Creek Band of Umpqua Tribe of Indians. 

11 SEC. 212. CONVEYANCE. 

12 (a) IN GENERAL.—Subject to valid existing rights, 

13 including rights-of-way, all right, title, and interest of the 

14 United States in and to the Federal land, including any 

15 improvements located on the Federal land, appurtenances 

16 to the Federal land, and minerals on or in the Federal 

17 land, including oil and gas, shall be— 

18 (1) held in trust by the United States for the 

19 benefit of the Tribe; and 

20 (2) part of the reservation of the Tribe. 

21 (b) SURVEY.—Not later than 180 days after the date 

22 of enactment of this Act, the Secretary shall complete a 

23 survey of the boundary lines to establish the boundaries 

24 of the land taken into trust under subsection (a). 


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1 SEC. 213. MAP AND LEGAL DESCRIPTION. 

2 (a) IN GENERAL.—As soon as practicable after the 

3 date of enactment of this Act, the Secretary shall file a 

4 map and legal description of the Federal land with— 

5 (1) the Committee on Energy and Natural Re6 sources of the Senate; and 

7 (2) the Committee on Natural Resources of the 

8 House of Representatives. 

9 (b) FORCE AND EFFECT.—The map and legal de10 scription filed under subsection (a) shall have the same 

11 force and effect as if included in this subtitle except that 

12 the Secretary may correct any clerical or typographical er13 rors in the map or legal description. 

14 (c) PUBLIC AVAILABILITY.—The map and legal de15 scription filed under subsection (a) shall be on file and 

16 available for public inspection in the Office of the Sec17 retary. 

18 SEC. 214. ADMINISTRATION. 

19 (a) IN GENERAL.—Unless expressly provided in this 

20 subtitle, nothing in this subtitle affects any right or claim 

21 of the Tribe existing on the date of enactment of this Act 

22 to any land or interest in land. 

23 (b) PROHIBITIONS.— 

24 (1) EXPORTS OF UNPROCESSED LOGS.—Fed25 eral law (including regulations) relating to the ex26 port of unprocessed logs harvested from Federal 


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1 land shall apply to any unprocessed logs that are 

2 harvested from the Federal land. 

3 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

4 property taken into trust under section 212 shall not 

5 be eligible, or used, for any gaming activity carried 

6 out under Public Law 100–497 (25 U.S.C. 2701 et 

7 seq.). 

8 SEC. 215. FOREST MANAGEMENT. 

9 Any commercial forestry activity that is carried out 

10 on the Federal land shall be managed in accordance with 

11 all applicable Federal laws. 

12 SEC. 216. LAND RECLASSIFICATION. 

13 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

14 RAILROAD GRANT LAND.—Not later than 180 days after 

15 the date of enactment of this Act, the Secretary of Agri16 culture and the Secretary shall identify any Oregon and 

17 California Railroad grant land that is conveyed under sec18 tion 212. 

19 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

20 Not later than 18 months after the date of enactment of 

21 this Act, the Secretary shall identify public domain land 

22 that— 

23 (1) is approximately equal in acreage and con24 dition as the land identified under subsection (a); 

25 and 


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1 (2) is located within the planning area. 

2 (c) MAPS.—Not later than 2 years after the date of 

3 enactment of this Act, the Secretary shall submit to Con4 gress and publish in the Federal Register 1 or more maps 

5 depicting the land identified in subsections (a) and (b). 

6 (d) RECLASSIFICATION.— 

7 (1) IN GENERAL.—After providing an oppor8 tunity for public comment, the Secretary shall re9 classify the land identified in subsection (b) as Or10 egon and California Railroad grant land. 

11 (2) APPLICABILITY.—The Act of August 28, 

12 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

13 reclassified as Oregon and California Railroad grant 

14 land under paragraph (1). 

15 Subtitle C—Amendments to 

16 Coquille Restoration Act 

17 SEC. 221. AMENDMENTS TO COQUILLE RESTORATION ACT. 

18 Section 5(d) of the Coquille Restoration Act (25 

19 U.S.C. 715c(d)) is amended— 

20 (1) by striking paragraph (5) and inserting the 

21 following: 

22 ‘‘(5) MANAGEMENT.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the Secretary of the Interior, acting 


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1 through the Assistant Secretary for Indian Af2 fairs, shall— 

3 ‘‘(i) manage the Coquille Forest in ac4 cordance with the laws pertaining to the 

5 management of Indian trust land; and 

6 ‘‘(ii) distribute revenues in accordance 

7 with the National Indian Forest Resources 

8 Management Act (25 U.S.C. 3101 et seq.). 

9 ‘‘(B) ADMINISTRATION.— 

10 ‘‘(i) UNPROCESSED LOGS.—Unproc11 essed logs harvested from the Coquille For12 est shall be subject to the same Federal 

13 statutory restrictions on export to foreign 

14 nations that apply to unprocessed logs har15 vested from Federal land. 

16 ‘‘(ii) SALES OF TIMBER.—Notwith17 standing any other provision of law, all 

18 sales of timber from land subject to this 

19 subsection shall be advertised, offered, and 

20 awarded according to competitive bidding 

21 practices, with sales being awarded to the 

22 highest responsible bidder.’’; 

23 (2) by striking paragraph (9); and 

24 (3) by redesignating paragraphs (10) through 

25 (12) as paragraphs (9) through (11), respectively. 


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1 TITLE III—OREGON TREASURES 

2 Subtitle A—Wild Rogue Wilderness 

3 Area 

4 SEC. 301. WILD ROGUE WILDERNESS AREA. 

5 (a) DEFINITIONS.—In this section: 

6 (1) COMMISSION.—The term ‘‘Commission’’ 

7 means the Federal Energy Regulatory Commission. 

8 (2) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Wild Rogue Wilderness Additions’’ and dated 

10 June 12, 2013. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ 

12 means— 

13 (A) the Secretary of the Interior, with re14 spect to public land administered by the Sec15 retary of the Interior; or 

16 (B) the Secretary of Agriculture, with re17 spect to National Forest System land. 

18 (4) WILDERNESS ADDITIONS.—The term ‘‘Wil19 derness additions’’ means the land added to the Wild 

20 Rogue Wilderness under subsection (b)(1). 

21 (b) EXPANSION OF WILD ROGUE WILDERNESS

22 AREA.— 

23 (1) EXPANSION.—The approximately 56,100 

24 acres of Federal land in the State of Oregon gen25 erally depicted on the map as ‘‘BLM Proposed WilVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6401 E:\BILLS\S1784.RS S1784

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1 derness’’ and ‘‘Proposed USFS Wilderness’’ shall be 

2 added to and administered as part of the Wild 

3 Rogue Wilderness in accordance with Public Law 

4 95–237 (16 U.S.C. 1132 note; 92 Stat. 43), except 

5 that— 

6 (A) the Secretary of the Interior and the 

7 Secretary of Agriculture shall administer the 

8 Federal land under their respective jurisdiction; 

9 and 

10 (B) any reference in that Act to the Sec11 retary of Agriculture shall be considered to be 

12 a reference to the Secretary of Agriculture or 

13 the Secretary of the Interior, as applicable. 

14 (2) MAP; LEGAL DESCRIPTION.— 

15 (A) IN GENERAL.—As soon as practicable 

16 after the date of enactment of this Act, the Sec17 retary shall prepare a map and legal description 

18 of the wilderness area designated by paragraph 

19 (1). 

20 (B) FORCE OF LAW.—The map and legal 

21 description filed under subparagraph (A) shall 

22 have the same force and effect as if included in 

23 this section, except that the Secretary may cor24 rect typographical errors in the map and legal 

25 description. 


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1 (C) PUBLIC AVAILABILITY.—The map and 

2 legal description filed under subparagraph (A) 

3 shall be on file and available for public inspec4 tion in the appropriate offices of the Bureau of 

5 Land Management and Forest Service. 

6 (3) CORRECTION.—Section 3(b) of the Endan7 gered American Wilderness Act of 1978 (16 U.S.C. 

8 1132 note; Public Law 95–237; 92 Stat. 43) is 

9 amended by striking ‘‘3(a)(5)’’ and inserting 

10 ‘‘3(a)(5)(A)’’. 

11 (4) WITHDRAWAL.—Subject to valid existing 

12 rights, the Wilderness additions are withdrawn from 

13 all forms of— 

14 (A) entry, appropriation, or disposal under 

15 the public land laws; 

16 (B) location, entry, and patent under the 

17 mining laws; and 

18 (C) disposition under all laws pertaining to 

19 mineral and geothermal leasing or mineral ma20 terials. 

21 (5) TRIBAL RIGHTS.—Nothing in this sub22 section alters, modifies, enlarges, diminishes, or ab23 rogates the treaty rights of any Indian tribe. 

24 (c) POTENTIAL ADDITION TO WILDERNESS AREA.— 


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1 (1) DESIGNATION.—Subject to paragraph (3) 

2 and in furtherance of the purposes of the Wilderness 

3 Act (16 U.S.C. 1131 et seq.), certain public land in 

4 the State of Oregon administered by the Secretary 

5 of the Interior, compromising approximately 600 

6 acres, as generally depicted on the map as ‘‘Poten7 tial Wilderness’’, shall be added to and administered 

8 as part of the Wild Rogue Wilderness. 

9 (2) INTERIM MANAGEMENT.—Subject to valid 

10 existing rights, the Secretary shall manage the land 

11 described in paragraph (1) to protect its suitability 

12 for designation as wilderness until the date on which 

13 the land is designated as wilderness in accordance 

14 with paragraph (3). 

15 (3) WILDERNESS DESIGNATION.— 

16 (A) IN GENERAL.—The land described in 

17 paragraph (1) shall be designated as wilderness 

18 and added to and administered as part of the 

19 Wild Rogue Wilderness on the date on which 

20 the Secretary publishes in the Federal Register 

21 notice that the conditions in the potential wil22 derness area that are incompatible with the 

23 Wilderness Act (16 U.S.C. 1131 et seq.) have 

24 been removed. 


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1 (B) ADMINISTRATION.—On designation as 

2 wilderness under paragraph (1), the land de3 scribed in that paragraph shall be administered 

4 in accordance with this Act, the Wilderness Act 

5 (16 U.S.C. 1131 et seq.), and Public Law 95– 

6 237 (16 U.S.C. 1132 note; 92 Stat. 40). 

7 (4) WITHDRAWAL.—Subject to valid existing 

8 rights, the land described in paragraph (1) is with9 drawn from all forms of— 

10 (A) entry, appropriation, or disposal under 

11 the public land laws; 

12 (B) location, entry, and patent under the 

13 mining laws; and 

14 (C) disposition under all laws pertaining to 

15 mineral and geothermal leasing or mineral ma16 terials. 

17 (d) WITHDRAWAL AREA PROTECTIONS.— 

18 (1) IN GENERAL.—The Secretary shall manage 

19 the Federal land described in paragraph (2) in a 

20 manner that preserves the natural and primitive 

21 character of the land for recreational, scenic, and 

22 scientific use. 

23 (2) DESCRIPTION OF THE LAND.—The Federal 

24 land referred to in paragraph (1) is the approxiVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6401 E:\BILLS\S1784.RS S1784

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1 mately 4,000 acres generally depicted on the map as 

2 ‘‘Withdrawal Area’’. 

3 (3) MAPS AND LEGAL DESCRIPTIONS.— 

4 (A) IN GENERAL.—As soon as practicable 

5 after the date of enactment of this Act, the Sec6 retary shall prepare a map and legal description 

7 of the land described in paragraph (2). 

8 (B) FORCE OF LAW.—The map and legal 

9 description filed under subparagraph (A) shall 

10 have the same force and effect as if included in 

11 this section, except that the Secretary may cor12 rect typographical errors in the map and legal 

13 description. 

14 (C) PUBLIC AVAILABILITY.—The map and 

15 legal description filed under subparagraph (A) 

16 shall be on file and available for public inspec17 tion in the appropriate offices of the Bureau of 

18 Land Management. 

19 (4) USE OF LAND.— 

20 (A) IN GENERAL.—Subject to valid exist21 ing rights, with respect to the Federal land de22 scribed in paragraph (2), the Secretary shall 

23 only allow uses that are consistent with the pur24 poses described in paragraph (1). 


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1 (B) PROHIBITED USES.—The following 

2 shall be prohibited on the Federal land de3 scribed in paragraph (2): 

4 (i) Permanent roads. 

5 (ii) Commercial enterprises. 

6 (iii) Except as necessary to meet the 

7 minimum requirements for the administra8 tion of the Federal land and to protect 

9 public health and safety— 

10 (I) the use of motor vehicles; or 

11 (II) the establishment of tem12 porary roads. 

13 (5) WITHDRAWAL.—Subject to valid existing 

14 rights, the Federal land described in paragraph (2) 

15 is withdrawn from— 

16 (A) all forms of entry, appropriation, or 

17 disposal under the public land laws; 

18 (B) location, entry, and patent under the 

19 mining laws; and 

20 (C) disposition under all laws relating to 

21 mineral and geothermal leasing or mineral ma22 terials. 

23 (e) WILD AND SCENIC RIVER DESIGNATIONS, ROGUE

24 RIVER AREA.— 


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1 (1) AMENDMENTS.—Section 3(a) of the Wild 

2 and Scenic Rivers Act (16 U.S.C. 1274(a)) is 

3 amended by striking paragraph (5) and inserting the 

4 following: 

5 ‘‘(5) ROGUE, OREGON.— 

6 ‘‘(A) IN GENERAL.—The segment of the 

7 river extending from the mouth of the Apple8 gate River downstream to the Lobster Creek 

9 Bridge, to be administered by the Secretary of 

10 the Interior or the Secretary of Agriculture, as 

11 agreed to by the Secretaries of the Interior and 

12 Agriculture or as directed by the President. 

13 ‘‘(B) ADDITIONS.—In addition to the seg14 ment described in subparagraph (A), there are 

15 designated the following segments in the Rogue 

16 River: 

17 ‘‘(i) KELSEY CREEK.—The approxi18 mately 4.8-mile segment of Kelsey Creek 

19 from the east section line of T. 32 S., R. 

20 9 W., sec. 34, Willamette Meridian, to the 

21 confluence with the Rogue River, as a wild 

22 river. 

23 ‘‘(ii) EAST FORK KELSEY CREEK.— 

24 The approximately 4.6-mile segment of 

25 East Fork Kelsey Creek from the Wild 


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1 Rogue Wilderness boundary in T. 33 S., R. 

2 8 W., sec. 5, Willamette Meridian, to the 

3 confluence with Kelsey Creek, as a wild 

4 river. 

5 ‘‘(iii) WHISKY CREEK.— 

6 ‘‘(I) RECREATIONAL RIVER.— 

7 The approximately 0.6-mile segment 

8 of Whisky Creek from the confluence 

9 of the East Fork and West Fork to 

10 0.1 miles downstream from road 33-8- 

11 23, as a recreational river. 

12 ‘‘(II) WILD RIVER.—The ap13 proximately 1.9-mile segment of Whis14 ky Creek from 0.1 miles downstream 

15 from road 33-8-23 to the confluence 

16 with the Rogue River, as a wild river. 

17 ‘‘(iv) EAST FORK WHISKY CREEK.— 

18 ‘‘(I) WILD RIVER.—The approxi19 mately 2.6-mile segment of East Fork 

20 Whisky Creek from the Wild Rogue 

21 Wilderness boundary in T. 33 S., R. 

22 8 W., sec. 11, Willamette Meridian., 

23 to 0.1 miles downstream of road 33- 

24 8-26 crossing, as a wild river. 


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1 ‘‘(II) RECREATIONAL RIVER.— 

2 The approximately 0.3-mile segment 

3 of East Fork Whisky Creek from 0.1 

4 miles downstream of road 33-8-26 to 

5 the confluence with Whisky Creek, as 

6 a recreational river. 

7 ‘‘(v) WEST FORK WHISKY CREEK.— 

8 The approximately 4.8-mile segment of 

9 West Fork Whisky Creek from its head10 waters to the confluence with Whisky 

11 Creek, as a wild river. 

12 ‘‘(vi) BIG WINDY CREEK.— 

13 ‘‘(I) SCENIC RIVER.—The ap14 proximately 1.5-mile segment of Big 

15 Windy Creek from its headwaters to 

16 0.1 miles downstream from road 34-9- 

17 17.1, as a scenic river. 

18 ‘‘(II) WILD RIVER.—The ap19 proximately 5.8-mile segment of Big 

20 Windy Creek from 0.1 miles down21 stream from road 34-9-17.1 to the 

22 confluence with the Rogue River, as a 

23 wild river. 

24 ‘‘(vii) EAST FORK BIG WINDY

25 CREEK.— 


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1 ‘‘(I) SCENIC RIVER.—The ap2 proximately 0.2-mile segment of East 

3 Fork Big Windy Creek from its head4 waters to 0.1 miles downstream from 

5 road 34-8-36, as a scenic river. 

6 ‘‘(II) WILD RIVER.—The ap7 proximately 3.7-mile segment of East 

8 Fork Big Windy Creek from 0.1 miles 

9 downstream from road 34-8-36 to the 

10 confluence with Big Windy Creek, as 

11 a wild river. 

12 ‘‘(viii) LITTLE WINDY CREEK.—The 

13 approximately 1.9-mile segment of Little 

14 Windy Creek from 0.1 miles downstream 

15 of road 34-8-36 to the confluence with the 

16 Rogue River, as a wild river. 

17 ‘‘(ix) HOWARD CREEK.— 

18 ‘‘(I) SCENIC RIVER.—The ap19 proximately 0.3-mile segment of How20 ard Creek from its headwaters to 0.1 

21 miles downstream of road 34-9-34, as 

22 a scenic river. 

23 ‘‘(II) WILD RIVER.—The ap24 proximately 6.9-mile segment of How25 ard Creek from 0.1 miles downstream 


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1 of road 34-9-34 to the confluence with 

2 the Rogue River, as a wild river. 

3 ‘‘(x) MULE CREEK.—The approxi4 mately 6.3-mile segment of Mule Creek 

5 from the east section line of T. 32 S., R. 

6 10 W., sec. 25, Willamette Meridian, to the 

7 confluence with the Rogue River, as a wild 

8 river. 

9 ‘‘(xi) ANNA CREEK.—The approxi10 mately 3.5-mile segment of Anna Creek 

11 from its headwaters to the confluence with 

12 Howard Creek, as a wild river. 

13 ‘‘(xii) MISSOURI CREEK.—The ap14 proximately 1.6-mile segment of Missouri 

15 Creek from the Wild Rogue Wilderness 

16 boundary in T. 33 S., R. 10 W., sec. 24, 

17 Willamette Meridian, to the confluence 

18 with the Rogue River, as a wild river. 

19 ‘‘(xiii) JENNY CREEK.—The approxi20 mately 1.8-mile segment of Jenny Creek 

21 from the Wild Rogue Wilderness boundary 

22 in T. 33 S., R. 9 W., sec.28, Willamette 

23 Meridian, to the confluence with the Rogue 

24 River, as a wild river. 


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1 ‘‘(xiv) RUM CREEK.—The approxi2 mately 2.2-mile segment of Rum Creek 

3 from the Wild Rogue Wilderness boundary 

4 in T. 34 S., R. 8 W., sec. 9, Willamette 

5 Meridian, to the confluence with the Rogue 

6 River, as a wild river. 

7 ‘‘(xv) EAST FORK RUM CREEK.—The 

8 approximately 1.3-mile segment of East 

9 Rum Creek from the Wild Rogue Wilder10 ness boundary in T. 34 S., R. 8 W., sec. 

11 10, Willamette Meridian, to the confluence 

12 with Rum Creek, as a wild river. 

13 ‘‘(xvi) WILDCAT CREEK.—The ap14 proximately 1.7-mile segment of Wildcat 

15 Creek from its headwaters downstream to 

16 the confluence with the Rogue River, as a 

17 wild river. 

18 ‘‘(xvii) MONTGOMERY CREEK.—The 

19 approximately 1.8-mile segment of Mont20 gomery Creek from its headwaters down21 stream to the confluence with the Rogue 

22 River, as a wild river. 

23 ‘‘(xviii) HEWITT CREEK.—The ap24 proximately 1.2-mile segment of Hewitt 

25 Creek from the Wild Rogue Wilderness 


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1 boundary in T. 33 S., R. 9 W., sec. 19, 

2 Willamette Meridian, to the confluence 

3 with the Rogue River, as a wild river. 

4 ‘‘(xix) BUNKER CREEK.—The approxi5 mately 6.6-mile segment of Bunker Creek 

6 from its headwaters to the confluence with 

7 the Rogue River, as a wild river. 

8 ‘‘(xx) DULOG CREEK.— 

9 ‘‘(I) SCENIC RIVER.—The ap10 proximately 0.8-mile segment of 

11 Dulog Creek from its headwaters to 

12 0.1 miles downstream of road 34-8- 

13 36, as a scenic river. 

14 ‘‘(II) WILD RIVER.—The ap15 proximately 1.0-mile segment of 

16 Dulog Creek from 0.1 miles down17 stream of road 34-8-36 to the con18 fluence with the Rogue River, as a 

19 wild river. 

20 ‘‘(xxi) QUAIL CREEK.—The approxi21 mately 1.7-mile segment of Quail Creek 

22 from the Wild Rogue Wilderness boundary 

23 in T. 33 S., R. 10 W., sec. 1, Willamette 

24 Meridian, to the confluence with the Rogue 

25 River, as a wild river. 


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1 ‘‘(xxii) MEADOW CREEK.—The ap2 proximately 4.1-mile segment of Meadow 

3 Creek from its headwaters to the con4 fluence with the Rogue River, as a wild 

5 river. 

6 ‘‘(xxiii) RUSSIAN CREEK.—The ap7 proximately 2.5-mile segment of Russian 

8 Creek from the Wild Rogue Wilderness 

9 boundary in T. 33 S., R. 8 W., sec. 20, 

10 Willamette Meridian, to the confluence 

11 with the Rogue River, as a wild river. 

12 ‘‘(xxiv) ALDER CREEK.—The approxi13 mately 1.2-mile segment of Alder Creek 

14 from its headwaters to the confluence with 

15 the Rogue River, as a wild river. 

16 ‘‘(xxv) BOOZE CREEK.—The approxi17 mately 1.5-mile segment of Booze Creek 

18 from its headwaters to the confluence with 

19 the Rogue River, as a wild river. 

20 ‘‘(xxvi) BRONCO CREEK.—The ap21 proximately 1.8-mile segment of Bronco 

22 Creek from its headwaters to the con23 fluence with the Rogue River, as a wild 

24 river. 


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1 ‘‘(xxvii) COPSEY CREEK.—The ap2 proximately 1.5-mile segment of Copsey 

3 Creek from its headwaters to the con4 fluence with the Rogue River, as a wild 

5 river. 

6 ‘‘(xxviii) CORRAL CREEK.—The ap7 proximately 0.5-mile segment of Corral 

8 Creek from its headwaters to the con9 fluence with the Rogue River, as a wild 

10 river. 

11 ‘‘(xxix) COWLEY CREEK.—The ap12 proximately 0.9-mile segment of Cowley 

13 Creek from its headwaters to the con14 fluence with the Rogue River, as a wild 

15 river. 

16 ‘‘(xxx) DITCH CREEK.—The approxi17 mately 1.8-mile segment of Ditch Creek 

18 from the Wild Rogue Wilderness boundary 

19 in T. 33 S., R. 9 W., sec. 5, Willamette 

20 Meridian, to its confluence with the Rogue 

21 River, as a wild river. 

22 ‘‘(xxxi) FRANCIS CREEK.—The ap23 proximately 0.9-mile segment of Francis 

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1 fluence with the Rogue River, as a wild 

2 river. 

3 ‘‘(xxxii) LONG GULCH.—The approxi4 mately 1.1-mile segment of Long Gulch 

5 from the Wild Rogue Wilderness boundary 

6 in T. 33 S., R. 10 W., sec. 23, Willamette 

7 Meridian, to the confluence with the Rogue 

8 River, as a wild river. 

9 ‘‘(xxxiii) BAILEY CREEK.—The ap10 proximately 1.7-mile segment of Bailey 

11 Creek from the west section line of T. 34 

12 S., R.8 W., sec.14, Willamette Meridian, to 

13 the confluence of the Rogue River, as a 

14 wild river. 

15 ‘‘(xxxiv) SHADY CREEK.—The ap16 proximately 0.7-mile segment of Shady 

17 Creek from its headwaters to the con18 fluence with the Rogue River, as a wild 

19 river. 

20 ‘‘(xxxv) SLIDE CREEK.— 

21 ‘‘(I) SCENIC RIVER.—The ap22 proximately 0.5-mile segment of Slide 

23 Creek from its headwaters to 0.1 

24 miles downstream from road 33-9-6, 

25 as a scenic river. 


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1 ‘‘(II) WILD RIVER.—The ap2 proximately 0.7-mile section of Slide 

3 Creek from 0.1 miles downstream of 

4 road 33-9-6 to the confluence with the 

5 Rogue River, as a wild river.’’. 

6 (2) MANAGEMENT.—Each river segment des7 ignated by subparagraph (B) of section 3(a)(5) of 

8 the Wild and Scenic Rivers Act (16 U.S.C. 

9 1274(a)(5)) (as added by paragraph (1)) shall be 

10 managed as part of the Rogue Wild and Scenic 

11 River. 

12 (3) WITHDRAWAL.—Subject to valid existing 

13 rights, the Federal land within the boundaries of the 

14 river segments designated under subparagraph (B) 

15 of section 3(a)(5) of the Wild and Scenic Rivers Act 

16 (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) 

17 is withdrawn from all forms of— 

18 (A) entry, appropriation, or disposal under 

19 the public land laws; 

20 (B) location, entry, and patent under the 

21 mining laws; and 

22 (C) disposition under all laws pertaining to 

23 mineral and geothermal leasing or mineral ma24 terials. 


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1 (f) ADDITIONAL PROTECTIONS FOR ROGUE RIVER

2 TRIBUTARIES.— 

3 (1) LICENSING BY COMMISSION.—The Commis4 sion shall not license the construction of any dam, 

5 water conduit, reservoir, powerhouse, transmission 

6 line, or other project works on or directly affecting 

7 any stream described in paragraph (4). 

8 (2) OTHER AGENCIES.— 

9 (A) IN GENERAL.—No department or 

10 agency of the United States shall assist by loan, 

11 grant, license, or otherwise in the construction 

12 of any water resources project on or directly af13 fecting any stream segment that is described in 

14 paragraph (4), except to maintain or repair 

15 water resources projects in existence on the 

16 date of enactment of this Act. 

17 (B) EFFECT.—Nothing in this paragraph 

18 prohibits any department or agency of the 

19 United States in assisting by loan, grant, li20 cense, or otherwise, a water resources project— 

21 (i) the primary purpose of which is ec22 ological or aquatic restoration; and 

23 (ii) that provides a net benefit to 

24 water quality and aquatic resources. 


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1 (3) WITHDRAWAL.—Subject to valid existing 

rights, the Federal land located within a 1 2 ⁄4 mile on 

3 either side of the stream segments described in para4 graph (4), is withdrawn from all forms of— 

5 (A) entry, appropriation, or disposal under 

6 the public land laws; 

7 (B) location, entry, and patent under the 

8 mining laws; and 

9 (C) disposition under all laws pertaining to 

10 mineral and geothermal leasing or mineral ma11 terials. 

12 (4) DESCRIPTION OF STREAM SEGMENTS.—The 

13 following are the stream segments referred to in 

14 paragraph (1): 

15 (A) KELSEY CREEK.—The approximately 

16 4.5-mile segment of Kelsey Creek from its 

17 headwaters to the east section line of T. 32 S., 

18 R. 9 W., sec. 34. 

19 (B) EAST FORK KELSEY CREEK.—The ap20 proximately 0.2-mile segment of East Fork 

21 Kelsey Creek from its headwaters to the Wild 

22 Rogue Wilderness boundary in T. 33 S., R. 8 

23 W., sec. 5. 

24 (C) EAST FORK WHISKY CREEK.—The ap25 proximately 0.9-mile segment of East Fork 


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1 Whisky Creek from its headwaters to the Wild 

2 Rogue Wilderness boundary in T. 33 S., R. 8 

3 W., sec. 11. 

4 (D) LITTLE WINDY CREEK.—The approxi5 mately 1.2-mile segment of Little Windy Creek 

6 from its headwaters to the west section line of 

7 T. 33 S., R. 9 W., sec. 34. 

8 (E) MULE CREEK.—The approximately 

9 5.1-mile segment of Mule Creek from its head10 waters to the east section line of T. 32 S., R. 

11 10 W., sec. 25. 

12 (F) MISSOURI CREEK.—The approximately 

13 3.1-mile segment of Missouri Creek from its 

14 headwaters to the Wild Rogue Wilderness 

15 boundary in T. 33 S., R. 10 W., sec. 24. 

16 (G) JENNY CREEK.—The approximately 

17 3.1-mile segment of Jenny Creek from its head18 waters to the Wild Rogue Wilderness boundary 

19 in T. 33 S., R. 9 W., sec. 28. 

20 (H) RUM CREEK.—The approximately 2.2- 

21 mile segment of Rum Creek from its head22 waters to the Wild Rogue Wilderness boundary 

23 in T. 34 S., R. 8 W., sec. 9. 

24 (I) EAST FORK RUM CREEK.—The approxi25 mately 0.8-mile segment of East Fork Rum 


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1 Creek from its headwaters to the Wild Rogue 

2 Wilderness boundary in T. 34 S., R. 8 W., sec. 

3 10. 

4 (J) HEWITT CREEK.—The approximately 

5 1.4-mile segment of Hewitt Creek from its 

6 headwaters to the Wild Rogue Wilderness 

7 boundary in T. 33 S., R. 9 W., sec. 19. 

8 (K) QUAIL CREEK.—The approximately 

9 0.8-mile segment of Quail Creek from its head10 waters to the Wild Rogue Wilderness boundary 

11 in T. 33 S., R. 10 W., sec. 1. 

12 (L) RUSSIAN CREEK.—The approximately 

13 0.1-mile segment of Russian Creek from its 

14 headwaters to the Wild Rogue Wilderness 

15 boundary in T. 33 S., R. 8 W., sec. 20. 

16 (M) DITCH CREEK.—The approximately 

17 0.7-mile segment of Ditch Creek from its head18 waters to the Wild Rogue Wilderness boundary 

19 in T. 33 S., R. 9 W., sec. 5. 

20 (N) LONG GULCH.—The approximately 

21 1.4-mile segment of Long Gulch from its head22 waters to the Wild Rogue Wilderness boundary 

23 in T. 33 S., R. 10 W., sec. 23. 

24 (O) BAILEY CREEK.—The approximately 

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1 waters to the west section line of T. 34 S., R. 

2 8 W., sec. 14. 

3 (P) QUARTZ CREEK.—The approximately 

4 3.3-mile segment of Quartz Creek from its 

5 headwaters to its confluence with the North 

6 Fork Galice Creek. 

7 (Q) NORTH FORK GALICE CREEK.—The 

8 approximately 5.7-mile segment of the North 

9 Fork Galice Creek from its headwaters to its 

10 confluence with Galice Creek. 

11 (R) GRAVE CREEK.—The approximately 

12 10.2-mile segment of Grave Creek from the 

13 confluence of Wolf Creek downstream to the 

14 confluence with the Rogue River. 

15 (S) CENTENNIAL GULCH.—The approxi16 mately 2.2-mile segment of Centennial Gulch 

17 from its headwaters to its confluence with the 

18 Rogue River. 

19 (T) GALICE CREEK.—The approximately 

20 2.2-mile segment of Galice Creek from the con21 fluence with the South Fork Galice Creek 

22 downstream to the Rogue River. 


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1 Subtitle B—Devil’s Staircase 

2 Wilderness 

3 SEC. 311. DEFINITIONS. 

4 In this subtitle: 

5 (1) MAP.—The term ‘‘map’’ means the map en6 titled ‘‘Devil’s Staircase Wilderness Proposal’’ and 

7 dated June 15, 2010. 

8 (2) SECRETARY.—The term ‘‘Secretary’’ 

9 means— 

10 (A) with respect to land under the jurisdic11 tion of the Secretary of Agriculture, the Sec12 retary of Agriculture; and 

13 (B) with respect to land under the jurisdic14 tion of the Secretary of the Interior, the Sec15 retary of the Interior. 

16 (3) STATE.—The term ‘‘State’’ means the State 

17 of Oregon. 

18 (4) WILDERNESS.—The term ‘‘Wilderness’’ 

19 means the Devil’s Staircase Wilderness designated 

20 by section 312(a). 

21 SEC. 312. DEVIL’S STAIRCASE WILDERNESS, OREGON. 

22 (a) DESIGNATION.—In accordance with the Wilder23 ness Act (16 U.S.C. 1131 et seq.), the approximately 

24 30,540 acres of Forest Service land and Bureau of Land 

25 Management land in the State, as generally depicted on 


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1 the map, is designated as wilderness and as a component 

2 of the National Wilderness Preservation System, to be 

3 known as the ‘‘Devil’s Staircase Wilderness’’. 

4 (b) MAP; LEGAL DESCRIPTION.— 

5 (1) IN GENERAL.—As soon as practicable after 

6 the date of enactment of this Act, the Secretary 

7 shall prepare a map and legal description of the Wil8 derness. 

9 (2) FORCE OF LAW.—The map and legal de10 scription prepared under paragraph (1) shall have 

11 the same force and effect as if included in this Act, 

12 except that the Secretary may correct clerical and 

13 typographical errors in the map and legal descrip14 tion. 

15 (3) AVAILABILITY.—The map and legal descrip16 tion prepared under paragraph (1) shall be on file 

17 and available for public inspection in the appropriate 

18 offices of the Forest Service and Bureau of Land 

19 Management. 

20 (c) ADMINISTRATION.—Subject to valid existing 

21 rights, the area designated as wilderness by this section 

22 shall be administered by the Secretary in accordance with 

23 the Wilderness Act (16 U.S.C. 1131 et seq.), except 

24 that— 


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1 (1) any reference in that Act to the effective 

2 date shall be considered to be a reference to the date 

3 of enactment of this Act; and 

4 (2) any reference in that Act to the Secretary 

5 of Agriculture shall be considered to be a reference 

6 to the Secretary that has jurisdiction over the land 

7 within the Wilderness. 

8 (d) FISH AND WILDLIFE.—Nothing in this section 

9 affects the jurisdiction or responsibilities of the State with 

10 respect to fish and wildlife in the State. 

11 (e) ADJACENT MANAGEMENT.— 

12 (1) IN GENERAL.—Nothing in this section cre13 ates any protective perimeter or buffer zone around 

14 the Wilderness. 

15 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

16 fact that a nonwilderness activity or use on land out17 side the Wilderness can be seen or heard within the 

18 Wilderness shall not preclude the activity or use out19 side the boundary of the Wilderness. 

20 (f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

21 this section diminishes any treaty rights of an Indian 

22 tribe. 

23 (g) TRANSFER OF ADMINISTRATIVE JURISDIC24 TION.— 


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1 (1) IN GENERAL.—Administrative jurisdiction 

2 over the approximately 49 acres of Bureau of Land 

3 Management land north of the Umpqua River in sec. 

4 32, T. 21 S., R. 11 W, is transferred from the Bu5 reau of Land Management to the Forest Service. 

6 (2) ADMINISTRATION.—The Secretary shall ad7 minister the land transferred by paragraph (1) in 

8 accordance with— 

9 (A) the Act of March 1, 1911 (commonly 

10 known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

11 seq.); and 

12 (B) any laws (including regulations) appli13 cable to the National Forest System. 

14 SEC. 313. WILD AND SCENIC RIVER DESIGNATIONS, 

15 WASSON CREEK AND FRANKLIN CREEK, OR16 EGON. 

17 Section 3(a) of the Wild and Scenic Rivers Act (16 

18 U.S.C. 1274(a)) (as amended by section 103(a)) is amend19 ed by adding at the end the following: 

20 ‘‘(214) FRANKLIN CREEK, OREGON.—The 4.5- 

21 mile segment from its headwaters to the line of 

22 angle points within sec. 8, T. 22 S., R. 10 W., 

23 shown on the survey recorded in the Official Records 

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1 ministered by the Secretary of Agriculture as a wild 

2 river. 

3 ‘‘(215) WASSON CREEK, OREGON.—The 10.1- 

4 mile segment in the following classes: 

5 ‘‘(A) The 4.2-mile segment from the east6 ern boundary of sec. 17, T. 21 S., R. 9 W., 

7 downstream to the western boundary of sec. 12, 

8 T. 21 S., R. 10 W., to be administered by the 

9 Secretary of the Interior as a wild river. 

10 ‘‘(B) The 5.9-mile segment from the west11 ern boundary of sec. 12, T. 21 S., R. 10 W., 

12 downstream to the eastern boundary of the 

13 northwest quarter of sec. 22, T. 21 S., R. 10 

14 W., to be administered by the Secretary of Ag15 riculture as a wild river.’’. 

16 Subtitle C—Additional Wild and 

17 Scenic River Designations and 

18 Technical Corrections 

19 SEC. 321. DESIGNATION OF WILD AND SCENIC RIVER SEG20 MENTS, MOLALLA RIVER, OREGON. 

21 (a) IN GENERAL.—Section 3(a) of the Wild and Sce22 nic Rivers Act (16 U.S.C. 1274(a)) is amended by adding 

23 at the end the following: 

24 ‘‘(208) MOLALLA RIVER, OREGON.— 


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1 ‘‘(A) IN GENERAL.—The following seg2 ments in the State of Oregon, to be adminis3 tered by the Secretary of the Interior as a rec4 reational river: 

5 ‘‘(i) MOLALLA RIVER.—The approxi6 mately 15.1-mile segment from the south7 ern boundary line of T. 7 S., R. 4 E., sec. 

8 19, downstream to the edge of the Bureau 

9 of Land Management boundary in T. 6 S., 

10 R. 3 E., sec. 7. 

11 ‘‘(ii) TABLE ROCK FORK MOLALLA

12 RIVER.—The approximately 6.2-mile seg13 ment from the easternmost Bureau of 

14 Land Management boundary line in the 

NE 1 15 ⁄4 sec. 4, T. 7 S., R. 4 E., down16 stream to the confluence with the Molalla 

17 River. 

18 ‘‘(B) WITHDRAWAL.—Subject to valid ex19 isting rights, the Federal land within the 

20 boundaries of the river segments designated by 

21 subparagraph (A) is withdrawn from all forms 

22 of— 

23 ‘‘(i) entry, appropriation, or disposal 

24 under the public land laws; 


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1 ‘‘(ii) location, entry, and patent under 

2 the mining laws; and 

3 ‘‘(iii) disposition under all laws relat4 ing to mineral and geothermal leasing or 

5 mineral materials.’’. 

6 (b) TECHNICAL CORRECTIONS.—Section 3(a)(102) of 

7 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) 

8 is amended— 

9 (1) in the heading, by striking ‘‘SQUAW CREEK’’ 

10 and inserting ‘‘WHYCHUS CREEK’’; 

11 (2) in the matter preceding subparagraph (A), 

12 by striking ‘‘McAllister Ditch, including the Soap 

13 Fork Squaw Creek, the North Fork, the South 

14 Fork, the East and West Forks of Park Creek, and 

15 Park Creek Fork’’ and inserting ‘‘Plainview Ditch, 

16 including the Soap Creek, the North and South 

17 Forks of Whychus Creek, the East and West Forks 

18 of Park Creek, and Park Creek’’; and 

19 (3) in subparagraph (B), by striking 

20 ‘‘McAllister Ditch’’ and inserting ‘‘Plainview Ditch’’. 

21 SEC. 322. TECHNICAL CORRECTIONS TO THE WILD AND 

22 SCENIC RIVERS ACT. 

23 Section 3(a)(69) of the Wild and Scenic Rivers Act 

24 (16 U.S.C. 1274(a)(69)) is amended— 


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1 (1) by redesignating subparagraphs (A), (B), 

2 and (C) as clauses (i), (ii), and (iii), respectively, 

3 and indenting appropriately; 

4 (2) in the matter preceding clause (i) (as so re5 designated), by striking ‘‘The 44.5-mile’’ and insert6 ing the following: 

7 ‘‘(A) DESIGNATIONS.—The 44.5-mile’’; 

8 (3) in clause (i) (as so redesignated)— 

9 (A) by striking ‘‘25.5-mile’’ and inserting 

10 ‘‘27.5-mile’’; and 

11 (B) by striking ‘‘Boulder Creek at the 

12 Kalmiopsis Wilderness boundary’’ and inserting 

13 ‘‘Mislatnah Creek’’; 

14 (4) in clause (ii) (as so redesignated)— 

15 (A) by striking ‘‘8-mile’’ and inserting 

16 ‘‘7.5-mile’’; and 

17 (B) by striking ‘‘Boulder Creek to Steel 

18 Bridge’’ and inserting ‘‘Mislatnah Creek to 

19 Eagle Creek’’; 

20 (5) in clause (iii) (as so redesignated)— 

21 (A) by striking ‘‘11-mile’’ and inserting 

22 ‘‘9.5-mile’’; and 

23 (B) by striking ‘‘Steel Bridge’’ and insert24 ing ‘‘Eagle Creek’’; and 

25 (6) by adding at the end the following: 


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1 ‘‘(B) WITHDRAWAL.—Subject to valid 

2 rights, the Federal land within the boundaries 

3 of the river segments designated by subpara4 graph (A), is withdrawn from all forms of— 

5 ‘‘(i) entry, appropriation, or disposal 

6 under the public land laws; 

7 ‘‘(ii) location, entry, and patent under 

8 the mining laws; and 

9 ‘‘(iii) disposition under all laws per10 taining to mineral and geothermal leasing 

11 or mineral materials.’’. 

12 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

13 (a) SHORT TITLE.—This Act may be cited as the ‘‘Or14 egon and California Land Grant Act of 2014’’. 

15 (b) TABLE OF CONTENTS.—The table of contents of this 

16 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. 


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TITLE II—TRIBAL LAND 

Subtitle A—Oregon Coastal Land Conveyance 

Sec. 201. Definitions. 

Sec. 202. Conveyance. 

Sec. 203. Map and legal description. 

Sec. 204. Administration. 

Sec. 205. Forest management. 

Subtitle B—Canyon Mountain Land Conveyance 

Sec. 211. Definitions. 

Sec. 212. Conveyance. 

Sec. 213. Map and legal description. 

Sec. 214. Administration. 

Sec. 215. Forest management. 

Subtitle C—Amendments to Coquille Restoration Act 

Sec. 221. Amendments to Coquille Restoration Act. 

TITLE III—OREGON TREASURES 

Subtitle A—Wild Rogue Wilderness Area 

Sec. 301. Wild Rogue Wilderness area. 

Subtitle B—Devil’s Staircase Wilderness 

Sec. 311. Definitions. 

Sec. 312. Devil’s Staircase Wilderness, Oregon. 

Sec. 313. Wild and scenic river designations, Wasson Creek and Franklin Creek, 

Oregon. 

Subtitle C—Additional Wild and Scenic River Designations and Technical 

Corrections 

Sec. 321. Designation of wild and scenic river segments, Molalla River, Oregon. 

Sec. 322. Technical corrections to the Wild and Scenic Rivers Act. 

Subtitle D—Frank Moore Wild Steelhead Sanctuary 

Sec. 331. Definitions. 

Sec. 332. Frank Moore Wild Steelhead Sanctuary, Oregon. 


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1 TITLE I—MANAGEMENT ON OR2 EGON AND CALIFORNIA RAIL3 ROAD AND COOS BAY WAGON 

4 ROAD GRANT LAND 

5 SEC. 101. MANAGEMENT OF OREGON AND CALIFORNIA 

6 RAILROAD AND COOS BAY WAGON ROAD 

7 GRANT LAND. 

8 (a) IN GENERAL.—The Act of August 28, 1937 (43 

9 U.S.C. 1181a et seq.), is amended— 

10 (1) by redesignating sections 2, 4, and 5 (43 

11 U.S.C. 1181b, 1181d, 1181e) as sections 13, 14, and 

12 15, respectively; and 

13 (2) by striking the first section and inserting the 

14 following: 

15 ‘‘SECTION 1. SHORT TITLE. 

16 ‘‘This Act may be cited as the ‘Oregon and California 

17 Land Grant Act of 2014’. 

18 ‘‘SEC. 2. DEFINITIONS. 

19 ‘‘In this Act: 

20 ‘‘(1) 80 YEAR OLD AGE CLASS.—The term ‘80 

21 year old age class,’ following the common usage by the 

22 Bureau of Land Management, means a group of trees 

23 of which the average age of the dominant trees is 75 

24 to 85 years old, comprising part of or an entire 

25 stand. 


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1 ‘‘(2) 90 YEAR OLD AGE CLASS.—The term ‘90 

2 year old age class’, following the common usage by the 

3 Bureau of Land Management, means a group of trees 

4 of which the average age of the dominant trees is 85 

5 to 95 years old, comprising part of or an entire 

6 stand. 

7 ‘‘(3) ADJACENT PRIVATE LAND.—The term ‘adja8 cent private land’ means any privately owned land 

9 that is— 

10 ‘‘(A) contiguous to covered land as defined 

11 in this Act; or 

12 ‘‘(B) situated so that it is reasonably nec13 essary to use covered land as defined in this Act 

14 to access the privately owned land. 

15 ‘‘(4) AGENCY ACTION.—The term ‘agency action’ 

16 has the meaning given the term in section 551 of title 

17 5, United States Code. 

18 ‘‘(5) ARCHEOLOGICAL SITE.—The term ‘archeo19 logical site’ means any district, site, building, struc20 ture, or object that is included, or eligible for inclu21 sion, in the National Register under section 106 of the 

22 National Historic Preservation Act (16 U.S.C. 470f). 

23 ‘‘(6) CONSERVATION EMPHASIS AREA.—The term 

24 ‘Conservation Emphasis Area’ means the lands allo25 cated for various purposes in section 10, except for 


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1 subsection (f), and generally depicted on the map en2 titled ‘O & C Land Grant Act of 2014: Conservation 

3 Emphasis Areas’ and dated November 3, 2014 and 

4 the lands generally depicted on the map entitled ‘O 

5 & C Land Grant Act of 2014: Late Successional Old6 Growth Forest Heritage Areas and dated November 3, 

7 2014. 

8 ‘‘(7) COVERED AGENCY ACTION.—The term ‘cov9 ered agency action’ means an agency action carried 

10 out by the Secretary, through the U.S. Bureau of 

11 Land Management or U.S. Fish and Wildlife Service, 

12 relating to the management of vegetation on covered 

13 land. 

14 ‘‘(8) COVERED CIVIL ACTION.—The term ‘covered 

15 civil action’ means a civil action seeking judicial re16 view of a covered agency action. 

17 ‘‘(9) COVERED LAND.—The term ‘covered land’ 

18 means the approximately 2,800,000 acres of land des19 ignated as ‘Oregon and California Railroad and Coos 

20 Bay Wagon Road grant land’, generally depicted as 

21 ‘covered lands’ on the map entitled ‘O & C Land 

22 Grant Act of 2014’ and dated November 3, 2014, 

23 which includes the approximately 410,000 acres of the 

24 Public Domain and acquired lands in section 3(d), 

25 the approximately 72,000 acres of the reconveyed Coos 


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1 Bay Wagon Road grant land that is under the juris2 diction of the Department, and the approximately 

3 311,500 acres of final BLM land, formerly Forest 

4 Service and Army Corps of Engineers land, denoted 

5 in section 11 of this Act entitled ‘Land Management 

6 Rationalization’ all to be designated O&C lands; pro7 vided further any lands later acquired by the Sec8 retary surrounding the area generally depicted on 

9 this map shall also be covered lands and designated 

10 O&C lands; and further provided that any lands oth11 erwise intended to be accepted into the O&C lands 

12 land base also be considered ‘covered land’ by this 

13 Act. 

14 ‘‘(10) DECOMMISSION.—The term ‘decommis15 sion’, with respect to a road, means to restore any 

16 natural drainage, watershed function, or other eco17 logical process that has been disrupted or adversely 

18 impacted by the road by— 

19 ‘‘(A) removing or hydrologically dis20 connecting the road prism; 

21 ‘‘(B) reestablishing vegetation on the former 

22 road prism; and 

23 ‘‘(C) using the best available science to re24 store the integrity and form of associated hill 

25 slopes, channels, and floodplains. 


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1 ‘‘(11) DEPARTMENT.—The term ‘Department’ 

2 means the Department of the Interior. 

3 ‘‘(12) DRY FOREST EMPHASIS AREAS.—The term 

4 ‘Dry Forests’ means the land that is labeled as ‘Dry 

5 Forest’ on the map entitled ‘O & C Land Grant Act 

6 of 2014: Moist Forests and Dry Forests’ and dated 

7 November 3, 2014 and that is located within the area 

8 labeled as ‘Forestry Emphasis Area’ on the map enti9 tled ‘O & C Land Grant Act of 2014: Forestry Em10 phasis Areas’ and dated November 3, 2014. 

11 ‘‘(13) FOREST HEALTH.—The term ‘forest health’ 

12 means conditions that enable forested land— 

13 ‘‘(A) to be durable, resilient, and less prone 

14 to uncharacteristic wildfire, insect, or pathogen 

15 events, while— 

16 ‘‘(i) supporting ecosystem services and 

17 populations of native species; and 

18 ‘‘(ii) allowing for natural disturbances; 

19 ‘‘(B) to maintain or develop species com20 position, ecosystem function and structure, hy21 drologic function, and sediment regimes that are 

22 within an acceptable range that considers— 

23 ‘‘(i) historic variability; and 

24 ‘‘(ii) anticipated future conditions. 


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1 ‘‘(14) FOREST MANAGEMENT.—The term ‘forest 

2 management’, with respect to the activities of adjacent 

3 private land owners, means any activity or plan rea4 sonably necessary for the prudent management, up5 keep, and use of forested land, including— 

6 ‘‘(A) timber harvesting, thinning, reforest7 ation, vegetation and pest management, and 

8 other silvicultural activities; 

9 ‘‘(B) development and harvest of other forest 

10 resources and products; 

11 ‘‘(C) fire prevention and suppression activi12 ties; and 

13 ‘‘(D) installing, constructing, maintaining, 

14 improving, and reconstructing— 

15 ‘‘(i) roads; 

16 ‘‘(ii) landings; 

17 ‘‘(iii) yarding corridors and wedges; 

18 ‘‘(iv) guyline supports; and 

19 ‘‘(v) tail holds for permanent or tem20 porary use that are reasonably necessary for 

21 prudent land management. 

22 ‘‘(15) LATE SUCCESSIONAL OLD-GROWTH FOR23 EST.—The term ‘late successional old-growth forest’ 

means a stand of trees equal to or greater than 1 24 ⁄4

25 acre in size and with a 90-year or older age class of 


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1 trees as of the date of enactment of the Oregon and 

2 California Land Grant Act of 2014. 

3 ‘‘(16) LEGACY TREE.—The term ‘legacy tree’ 

4 means a live tree that is determined to be equal to or 

5 greater than 150 years of age, or a dead tree that is 

6 estimated to have been 150 years or older when it 

7 died. 

8 ‘‘(17) MOIST FORESTRY EMPHASIS AREA.—The 

9 term ‘Moist Forestry Emphasis Area’ means the land 

10 that is labeled as ‘Moist Forest’ on the map entitled 

11 ‘O & C Land Grant Act of 2014: Moist Forests and 

12 Dry Forests’ and dated November 3, 2014 and that is 

13 located within the area labeled as ‘Forestry Emphasis 

14 Area’ on the map entitled ‘O & C Land Grant Act 

15 of 2014: Forestry Emphasis Areas’ and dated Novem16 ber 3, 2014, excluding the lands generally depicted on 

17 the map entitled ‘O & C Land Grant Act of 2014: 

18 Late Successional Old-Growth Forest Heritage Areas 

19 and dated November 3, 2014. 

20 ‘‘(18) PLACE INTO STORAGE.—The term ‘place 

21 into storage’, with respect to a road, means— 

22 ‘‘(A) to maintain the road in order to pre23 vent resource damage; but 

24 ‘‘(B) to alter the road to eliminate all vehic25 ular traffic by— 


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1 ‘‘(i) for purposes of controlling ero2 sion— 

3 ‘‘(I) installing appropriate water 

4 control structures, such as water bars; 

5 or 

6 ‘‘(II) ensuring the surface of the 

7 road slopes such that water quickly 

8 drains off the surface of the road; 

9 ‘‘(ii) for purposes of preventing access 

10 by vehicles— 

11 ‘‘(I) blocking the entrance of the 

12 road; and 

13 ‘‘(II) scattering slash atop the 

14 road surface; and 

15 ‘‘(iii) for purposes of restoring native 

16 vegetation— 

17 ‘‘(I) scarifying lightly the surface 

18 of the road; 

19 ‘‘(II) seeding the surface of the 

20 road, as needed; and 

21 ‘‘(III) treating noxious weeds. 

22 ‘‘(19) RESIDENCE.—The term ‘residence’ means 

23 a privately owned, permanent structure that is main24 tained for habitation as a dwelling or workplace. 


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1 ‘‘(20) SALMON.—The term ‘salmon’ means any 

2 of the wild Oncorhynchus species that occur in the 

3 State of Oregon. 

4 ‘‘(21) SECRETARY.—The term ‘Secretary’ means 

5 the Secretary of the Interior, acting through the Di6 rector of the Bureau of Land Management, or her des7 ignee. 

8 ‘‘(22) SITE-POTENTIAL TREE.—The term ‘site-po9 tential tree’ means the average dominant tree, mod10 eled at 200 years of age, for a given site class. 

11 ‘‘(23) SOURCE WATER EMPHASIS AREA.—The 

12 term ‘Source Water Emphasis Area’ means the areas 

13 identified as Source Water Emphasis Area on the 

14 map entitled ‘O&C Land Grant Act of 2014: Source 

15 Water Emphasis Areas’ and dated November 3, 2014. 

16 ‘‘(24) SUSTAINED YIELD.—The term ‘sustained 

17 yield’ means the definition of sustained yield under 

18 the Federal Land Policy and Management Act of 

19 1976 (43 U.S.C. 1701 et seq.) applying the ecological 

20 forestry principles and other provisions of this Act. 

21 ‘‘(25) TIMBER-BY-PRODUCT.—The term ‘timber22 by-product’ means timber produced as a consequence 

23 of vegetative treatments or other management actions 

24 undertaken solely to achieve ecological goals. 


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1 ‘‘(26) TREE TIPPING AND TREE FELLING ACTIV2 ITY.—The term ‘tree tipping and tree felling activity’ 

3 means any activity relating to the intentional felling 

4 and placement of a tree in a stream or on the forest 

5 floor during a timber harvest operation for the pur6 poses of fish or stream or riparian habitat improve7 ment. 

8 ‘‘(27) VEGETATION MANAGEMENT PROJECT.—The 

9 term ‘vegetation management project’ means an activ10 ity carried out on covered land that involves the cut11 ting of vegetation to achieve the purposes of this Act. 

12 ‘‘SEC. 3. LAND MANAGEMENT. 

13 ‘‘(a) IN GENERAL.—Notwithstanding the Act of June 

14 9, 1916 (39 Stat. 218, chapter 137), and the Act of Feb15 ruary 26, 1919 (40 Stat. 1179, chapter 47), any portion 

16 of the revested Oregon and California Railroad grant land 

17 or the reconveyed Coos Bay Wagon Road grant land that 

18 is under the jurisdiction of the Department, here to for part 

19 of the covered land as defined in this Act, shall be managed 

20 in accordance with this Act. 

21 ‘‘(b) MANAGEMENT.—The purposes of lands managed 

22 through this Act are to provide collectively certainty and 

23 economic stability for local communities and industries, 

24 fish and wildlife benefits, improved ecological and 

25 hydrological function and health, improved forest health, 


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1 municipal and community drinking water, permanent for2 est production for identified forestry areas, protection of 

3 watersheds and regulation of stream flow, and recreational 

4 opportunities. 

5 ‘‘(c) APPLICABILITY OF SURVEY AND MANAGE RE6 QUIREMENTS UNDER THE NORTHWEST FOREST PLAN.— 

7 The document entitled ‘Northwest Forest Plan Survey and 

8 Manage Mitigation Measure Standard and Guidelines’ 

9 shall not apply to any— 

10 ‘‘(1) Dry Forestry Emphasis Area; or 

11 ‘‘(2) Moist Forestry Emphasis Area. 

12 ‘‘(d) PUBLIC DOMAIN AND ACQUIRED LAND, COOS BAY

13 WAGON ROAD LANDS, AND LAND MANAGEMENT RATIONAL14 IZATION LANDS.—Any Federal public land generally de15 picted as ‘covered lands’ on the map entitled ‘O & C Land 

16 Grant Act of 2014’ and dated November 3, 2014, that is 

17 not designated as Oregon and California Railroad grant 

18 lands under the Act of August 28, 1937 (43 U.S.C. 1181a 

19 et seq.), as of the date of enactment of the Oregon and Cali20 fornia Land Grant Act of 2014 shall be designated as Or21 egon and California Railroad grant lands and managed as 

22 covered land under this Act. 

23 ‘‘(e) RESTRICTIONS REGARDING LATE SUCCESSIONAL

24 OLD GROWTH FOREST AND LEGACY TREES.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may not cut 

2 or remove late successional old-growth forests within 

3 any land designated under section 4(a)(3)(A) and 

4 (B), section 8, within the Late Successional Old 

5 Growth Heritage Forest Reserve or section 10 of this 

6 Act, allowing action— 

7 ‘‘(A) for public safety purposes; or 

8 ‘‘(B) to fulfill existing obligations pursuant 

9 to agreements affecting adjacent private lands. 

10 ‘‘(2) FOREST MANAGEMENT OF LEGACY TREES.— 

11 ‘‘(A) IN MOIST FORESTS.—(i) Legacy trees 

12 shall not be cut in areas designated under section 

13 4(a)(3)(A) and (B), allowing action for— 

14 ‘‘(I) safety purposes; or 

15 ‘‘(II) tree tipping and felling activities. 

16 ‘‘(ii) When legacy trees are located within a 

17 Moist Forest Emphasis Area the Secretary shall, 

18 to the greatest extent practicable, protect legacy 

19 trees by using them to meet the retention require20 ments applicable under section 8. 

21 ‘‘(B) IN DRY FORESTS.—When legacy trees 

22 are located within a Dry Forest Emphasis Area 

23 the Secretary shall where appropriate protect 

24 legacy trees by using trees to meet the retention 

25 requirements applicable under section 9. 


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1 ‘‘(f) COMPLIANCE WITH EXISTING LAWS.—Nothing in 

2 this Act modifies any obligation— 

3 ‘‘(1) of the Secretary to prepare or implement a 

4 land use plan in accordance with section 202 of the 

5 Federal Land Policy and Management Act of 1976 

6 (43 U.S.C. 1712); 

7 ‘‘(2) under the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.); 

9 ‘‘(3) under the Federal Water Pollution Control 

10 Act (33 U.S.C. 1251 et seq.); or 

11 ‘‘(4) under other law, except as expressly pro12 vided in this Act in regard to other law. 

13 ‘‘(g) EFFECT ON PREVIOUS DESIGNATIONS.—If there 

14 is a conflict between any portion of this Act and land pro15 tection designations included in the National Landscape 

16 Conservation System or boundaries for such designations, 

17 the more protective provision shall control. 

18 ‘‘(h) ADJACENT PRIVATE LAND LANDOWNER AC19 TIONS.— 

20 ‘‘(1) IN GENERAL.—Without a permit from the 

21 Secretary, a person may enter and treat adjacent 

22 Federal land in a Dry or Moist Forestry Emphasis 

23 Area that is located within 100 feet of the residence 

24 of that person if— 


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1 ‘‘(A) the residence is in existence on the 

2 date of enactment of the Oregon and California 

3 Land Grant Act of 2014; 

4 ‘‘(B) the treatment is carried out at the ex5 pense of the person; 

6 ‘‘(C) the person notifies the Secretary of the 

7 intent to treat that land; and 

8 ‘‘(D) the Secretary has adequate super9 visory, monitoring, and enforcement resources to 

10 ensure that the person carries out the treatment 

11 activities in accordance with paragraph (3). 

12 ‘‘(2) NOTICE.— 

13 ‘‘(A) IN GENERAL.—Not less than 30 days 

14 before beginning to treat land described in para15 graph (1), the person shall notify, in writing, the 

16 Secretary of the intention of that person to treat 

17 that land. 

18 ‘‘(B) ADDITIONAL NOTIFICATION.—The per19 son shall also notify the Secretary not less than 

20 14 days before beginning the treatment. 

21 ‘‘(C) COMMENCEMENT.—On receiving a no22 tification to treat land under paragraph (h), the 

23 Secretary, if the requirements of paragraph 

24 (1)(D) are satisfied, shall inform the person of 

25 the treatment requirements in paragraph (3). 


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1 ‘‘(3) TREATMENT.—A person treating land de2 scribed in paragraph (1) shall carry out the treat3 ment in accordance with the following requirements: 

4 ‘‘(A) No dead tree, nest tree, legacy tree, or 

5 tree greater than 16 inches in diameter shall be 

6 cut. 

7 ‘‘(B) No herbicide or insecticide application 

8 shall be used. 

9 ‘‘(C) Vegetation shall be cut so that— 

10 ‘‘(i) less flammable species are favored 

11 for retention; and 

12 ‘‘(ii) the adequate height and spacing 

13 between bushes and trees are maintained. 

14 ‘‘(D) Any residual trees shall be pruned— 

15 ‘‘(i) to a height of the lesser of 10 feet 

16 or 50 percent of the crown height of the tree; 

17 and 

18 ‘‘(ii) so that all parts of the tree are at 

19 not less than 10 feet away from the resi20 dence. 

21 ‘‘(E) All slash created from treatment ac22 tivities under this subparagraph shall be re23 moved or treated not later than 60 days after the 

24 date on which the slash is created. 


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1 ‘‘(F) Any material of commercial value gen2 erated by the activity authorized in paragraph 

3 (1) is the property of the United States. 

4 ‘‘(i) REDESIGNATIONS OF MOIST FORESTRY EMPHASIS

5 AREA AND DRY FORESTRY EMPHASIS AREA LANDS.— 

6 ‘‘(1) AUTHORIZATION TO REDESIGNATE.— 

7 ‘‘(A) EVALUATION REQUIRED.—Not later 

8 than 5 years after the date of enactment of the 

9 Oregon and California Land Grant Act of 2014 

10 and every 5 years thereafter, the Secretary— 

11 ‘‘(i) shall evaluate the initial assign12 ments of ‘Dry Forest’ and ‘Moist Forest’ on 

13 the map entitled ‘O&C Land Grant Act of 

14 2014: Moist Forest and Dry Forest’ and 

15 dated November 3, 2014, and 

16 ‘‘(ii) may, as the Secretary determines 

17 to be necessary and in accordance with the 

18 criteria described in paragraph (2)— 

19 ‘‘(I) redesignate Moist Forestry 

20 Emphasis Area land as Dry Forestry 

21 Emphasis Area land; and 

22 ‘‘(II) redesignate Dry Forestry 

23 Emphasis Area land as Moist Forestry 

24 Emphasis Area land. 


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1 ‘‘(B) FIELD EXAMINATION.—In addition to 

2 adjustments authorized under subparagraph (A), 

3 the Secretary may adjust dry and moist forest 

4 assignments in specific locations within a vege5 tation management project based on an on-the6 ground field examination by the Secretary. 

7 ‘‘(2) CRITERIA.— 

8 ‘‘(A) IN GENERAL.—In redesignating land 

9 as Moist Forestry Emphasis Area or Dry For10 estry Emphasis Area, the Secretary shall use the 

11 criteria described in this paragraph. 

12 ‘‘(B) MOIST FORESTRY EMPHASIS AREA.— 

13 For purposes of this subsection, land in the 

14 Moist Forestry Emphasis Area generally— 

15 ‘‘(i)(I) would have historically experi16 enced infrequent wildfires at intervals that 

17 are greater than 100 years; and 

18 ‘‘(II) these wildfires would have in19 cluded significant areas of partial or com20 plete stand-replacement intensity; and 

21 ‘‘(ii) dominated by 1 or more of the 

22 following plant association groups: 

23 ‘‘(I) The Western Hemlock (Tsuga 

24 heterophylla) series. 


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1 ‘‘(II) The Sitka Spruce (Picea 

2 sitchensis) series. 

3 ‘‘(III) The Western Red cedar 

4 (Thuja plicata) series. 

5 ‘‘(IV) The Pacific Silver Fir 

6 (Abies amabilis) series. 

7 ‘‘(V) The Mountain Hemlock 

8 (Tsuga mertensiana) series. 

9 ‘‘(VI) The Subalpine Fir10 Engelmann Spruce (Abies lasiocarpa11 Picea engelmannii) series. 

12 ‘‘(VII) The Tanoak (Lithocarpus 

13 densiflorus) series. 

14 ‘‘(VIII) The Moist Grand Fir 

15 (Abies grandis) plant association 

16 group. 

17 ‘‘(IX) The Moist White Fir (Abies 

18 concolor) plant association group. 

19 ‘‘(C) DRY FORESTRY EMPHASIS AREA.—For 

20 purposes of this subsection, land in the Dry For21 estry Emphasis Area generally— 

22 ‘‘(i)(I) would have historically experi23 enced relatively frequent wildfires; and 


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1 ‘‘(II) these wildfires would have been 

2 predominantly low or mixed in severity; 

3 and 

4 ‘‘(ii) dominated by 1 or more of the 

5 following plant association groups: 

6 ‘‘(I) The Moist Grand Fir (Abies 

7 grandis) plant association group. 

8 ‘‘(II) The Moist White Fir (Abies 

9 concolor) plant association group. 

10 ‘‘(III) The Ponderosa Pine (Pinus 

11 ponderosa) series. 

12 ‘‘(IV) The Oregon White Oak 

13 (Quercus garryana) series. 

14 ‘‘(V) The Douglas-fir (Pseudotsuga 

15 menziesii) series. 

16 ‘‘(VI) The Jeffrey Pine (Pinus 

17 jeffreyi) series. 

18 ‘‘(VII) The Dry Grand Fir (Abies 

19 grandis) plant association group. 

20 ‘‘(VIII) The Dry White Fir (Abies 

21 concolor) plant association group. 

22 ‘‘(D) MIXED FORESTS.— 

23 ‘‘(i) IN GENERAL.—For purposes of 

24 this subsection, the Secretary may consider 

25 land that contains a Moist Grand Fir or a 


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1 Moist White Fir plant association group as 

2 Moist Forestry Emphasis Area or Dry For3 estry Emphasis Area based on the condition 

4 of the land, landscape context, or manage5 ment goals. 

6 ‘‘(ii) MIXED FORESTS.—For land that 

7 meets criteria under both subparagraph (B) 

8 and (C), the Secretary may choose to cat9 egorize the land as either Moist Forestry 

10 Emphasis Area or Dry Forestry Emphasis 

11 Area to align with the designations of adja12 cent covered land. 

13 ‘‘(3) PUBLIC COMMENT.—In carrying out sub14 section (i)(1)(A), the Secretary shall provide the pub15 lic a period of not less than 60 days to comment on 

16 a proposed redesignation of land. 

17 ‘‘(j) EXISTING RIGHTS.—Notwithstanding any other 

18 section of this Act, nothing in this Act— 

19 ‘‘(1) affects any private ownership or rights, in20 cluding rights-of-way and reciprocal rights-of-way 

21 agreements, tail hold agreements, permits, easement 

22 obligations, and tribal treaty rights; or 

23 ‘‘(2) affects the ability or process under which 

24 the Secretary can grant new permissions or termi25 nates any valid existing lease, permit, patent, agreeVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 ment, or other right of authorization, including new 

2 permissions for an existing lease, permit, patent, 

3 agreement, or other right of authorization for forest 

4 management activities, upon enactment of the Oregon 

5 and California Land Grant Act of 2014. 

6 ‘‘(k) JURISDICTION.—Nothing in this Act affects the 

7 jurisdiction of the State of Oregon with respect to the man8 agement of fish and wildlife on public land in the State. 

9 ‘‘(l) PESTICIDE USE AND FIRE PROTECTION.— 

10 ‘‘(1) Pesticides may be used within the covered 

11 land, if the use— 

12 ‘‘(A) is limited to plants listed by the Or13 egon Department of Agriculture as invasive 

14 plants; 

15 ‘‘(B) is part of an integrated pest manage16 ment plan; and 

17 ‘‘(C) is restricted to the use of various 

18 ground-based systems that are designed to target 

19 only invasive plants. 

20 ‘‘(2) The Secretary and the State of Oregon shall 

21 develop an agreement to provide fire protection on the 

22 covered lands, renegotiable every 5 years after the 

23 date of enactment to reassess fire protection needs. 

24 ‘‘(m) SPECIAL MANAGEMENT AND RESEARCH

25 AREAS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall des2 ignate 50,000 acres across 2 to 5 sites in the covered 

3 land to include moist forests and dry forests, as gen4 erally depicted on the map entitled ‘O&C Land Grant 

5 Act of 2014: Moist Forest and Dry Forest’ and dated 

6 November 3, 2014, to be managed by the Secretary in 

7 consultation and coordination with Oregon State 

8 University as agreed to through a memorandum of 

9 understanding as special management and research 

10 areas in accordance with the criteria described in 

11 paragraph (2). 

12 ‘‘(2) CRITERIA.—In designating land as special 

13 management and research areas under paragraph (1), 

14 the Secretary shall designate— 

15 ‘‘(A) land that is designated as ‘Forestry 

16 Emphasis Areas’ on the map described in para17 graphs (12) and (17) of section 2; 

18 ‘‘(B) land, to the maximum extent prac19 ticable, contiguous to other land designated 

20 under paragraph (1); 

21 ‘‘(C) land within close proximity of other 

22 land designated under paragraph (1); 

23 ‘‘(D) land located within 150 miles of the 

24 main campus of Oregon State University in Cor25 vallis, Oregon; and 


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1 ‘‘(E) land selected in consultation with Or2 egon State University. 

3 ‘‘(3) AUTHORIZED PROJECTS.—Land designated 

4 under paragraph (1) shall be used by institutions of 

5 higher education, primarily in the State of Oregon, 

6 for the conduct of research projects and demonstration 

7 projects that address— 

8 ‘‘(A) increasing social awareness and 

9 knowledge of the environmental, social, and eco10 nomic impacts on the implementation of ecologi11 cal forestry on public land; 

12 ‘‘(B) improving the health of rural commu13 nities and citizens; 

14 ‘‘(C) reducing uncharacteristic fires and the 

15 degradation of ecosystem health; 

16 ‘‘(D) increasing conservation with a land17 scape approach; 

18 ‘‘(E) relative to the retention requirements 

19 at variable retention harvest, half of the Moist 

20 Forestry Emphasis Area will be managed under 

21 section 8(b)(4)(E) and half will be managed as 

22 under section 8(b)(2)(c); and 

23 ‘‘(F) understanding and conducting re24 search on riparian reserve approaches authorized 

25 under this Act. 


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1 ‘‘(4) MONITORING.—Work performed on land 

2 designated under paragraph (1) shall include pre3 and post-treatment monitoring on the land. 

4 ‘‘(5) INSTITUTIONS OF HIGHER EDUCATION.—At 

5 least 10 percent of the authorized projects conducted 

6 annually under this subsection shall be conducted by 

7 an institution of higher education other than Oregon 

8 State University. 

9 ‘‘(6) MINIMUM ACREAGE.— 

10 ‘‘(A) IN GENERAL.—At least 3,750 acres of 

11 the land designated under paragraph (1) shall be 

12 treated during each 5-year period. 

13 ‘‘(B) FAILURE TO TREAT.—If the minimum 

14 acreage under subparagraph (A) is not treated 

15 for 2 5-year periods during a 20-year period, 

16 management of the land designated under para17 graph (1) shall revert to management by the Sec18 retary. 

19 ‘‘(7) REVIEW.—The Secretary shall— 

20 ‘‘(A) review and decide whether to permit 

21 each proposed treatment to be conducted as part 

22 of an authorized project under this subsection; 

23 and 

24 ‘‘(B) review for adequacy the documentation 

25 required to be prepared for each treatment. 


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1 ‘‘(8) CALCULATION.—The Secretary shall esti2 mate— 

3 ‘‘(A) the quantity of timber that can be pro4 duced in the sustained yield base from the Moist 

5 Forestry Emphasis Area, not including riparian 

6 reserves established under section 4, late succes7 sional old-growth forest reserves and other re8 serves; and 

9 ‘‘(B) the quantity of timber-by-product from 

10 the Moist Forestry Emphasis Area, including ri11 parian reserves established under section 4, and 

12 the portions of the Dry Forest Emphasis Area 

13 covered by this section. 

14 ‘‘(n) TRANSITION.— 

15 ‘‘(1) IN GENERAL.—During the period beginning 

16 on the date of enactment of the Oregon and California 

17 Land Grant Act of 2014 and ending 90 days after the 

18 date on which the record of decision is completed 

19 under section 6, a transition period shall be in effect 

20 in accordance with this section. 

21 ‘‘(2) MANAGEMENT.— 

22 ‘‘(A) EXISTING CONTRACTS.—Any timber 

23 sale or agreement to perform work on covered 

24 land that was entered into by the Secretary be25 fore the date of enactment of the Oregon and 


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1 California Land Grant Act of 2014 shall remain 

2 binding and effective according to the terms of 

3 the contract. 

4 ‘‘(B) PENDING TIMBER SALES.—Timber 

5 sales for which review under the National Envi6 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

7 seq.) has been completed or will be completed not 

8 later than 90 days following the date of enact9 ment of the Oregon and California Land Grant 

10 Act of 2014 shall continue as planned. 

11 ‘‘(C) INTERIM PROJECTS.—The Secretary 

12 may conduct vegetation management projects on 

13 the covered land during the transition period on 

14 the conditions that the vegetation management 

15 projects— 

16 ‘‘(i) comply with the designations and 

17 requirements of this Act; and 

18 ‘‘(ii) are reviewed pursuant to the Na19 tional Environmental Policy Act of 1969 

20 (42 U.S.C. 4321 et seq.), outside of the proc21 ess described in section 7. 

22 ‘‘(D) ADMINISTRATION.—The Secretary 

23 shall seek to make such accommodations as are 

24 necessary to avoid interfering with the performVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 ance of a timber sale or work agreement de2 scribed in paragraph (1) or (2). 

3 ‘‘(3) SPECIAL ADMINISTRATIVE REVIEW PROC4 ESS.—The procedures established under section 105 of 

5 the Healthy Forests Restoration Act of 2003 (16 

6 U.S.C. 6515) shall be the only process to administra7 tively challenge projects during the transition period. 

8 ‘‘SEC. 4. AQUATIC AND RIPARIAN PROTECTION. 

9 ‘‘(a) AQUATIC CONSERVATION STRATEGY.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall carry 

11 out the Aquatic Conservation Strategy incorporated 

12 in its entirety by reference for covered lands as set 

13 forth in the Northwest Forest Plan 1994 Record of 

14 Decision for Amendments to Forest Service and Bu15 reau of Land Management Planning Documents 

16 Within the Range of the Northern Spotted Owl, (here17 inafter ‘NWFP’ and its Standards and Guidelines in 

18 Attachment A to the 1994 Record of Decision (herein19 after referred to as ‘Aquatic Conservation Strategy’) 

20 , and as modified herein. 

21 ‘‘(2) PROGRAM COMPONENTS MODIFIED.—In ad22 dition to those program components contained in the 

23 Aquatic Conservation Strategy of the NWFP, the 

24 aquatic conservation strategy under paragraph (1) 

25 shall also incorporate provisions for watershed analVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 ysis in accordance with paragraph (2)(A), and ripar2 ian reserve establishment and management within the 

3 Moist Forestry Emphasis Area or Dry Forestry Em4 phasis Area but that are not within Source Water 

5 Emphasis Areas or within Key Watersheds designated 

6 in the Aquatic Conservation Strategy in accordance 

7 with paragraph (3). 

8 ‘‘(A) WATERSHED ANALYSIS.— 

9 ‘‘(i) The Secretary shall develop appro10 priate management actions for a watershed, 

11 including adjustment of riparian reserve 

12 widths under subsection (b)(3)(A)(ii); and 

13 ‘‘(ii) Within 90 days and via a con14 tractor if necessary, determine the ecological 

15 importance of streams in the covered area 

16 using the following criteria: 

17 ‘‘(I) The importance of the 

18 streams to salmonid and other native 

19 aquatic species. 

20 ‘‘(II) The potential impacts of 

21 thermal loading. 

22 ‘‘(III) The presence of areas of 

23 high erosion potential. 


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1 ‘‘(IV) The potential for the deliv2 ery and deposition of sediment and 

3 wood from upslope sources. 

4 ‘‘(B) VEGETATION MANAGEMENT.—Vegeta5 tive management projects undertaken in ripar6 ian reserves or vegetative management projects 

7 or harvest undertaken in the outer riparian zone 

8 shall not cut or harvest trees in the 90 year age 

9 class or above. 

10 ‘‘(3) ESTABLISHMENT AND ACTIVITIES WITHIN

11 ONE SITE-POTENTIAL TREE HEIGHT OF STREAMS

12 WITHIN FOREST EMPHASIS AREAS AS VARIATIONS ON

13 SECTION 4(A).— 

14 ‘‘(A) RIPARIAN RESERVE.— 

15 ‘‘(i) IN GENERAL.—The Secretary shall 

16 establish within Forestry Emphasis Areas 

17 described in paragraph (2)(A) riparian re18 serves in accordance with clause (ii). 

19 ‘‘(ii) WIDTHS.—The widths of a ripar20 ian reserve established under clause (i) shall 

21 be as follows: 

22 ‘‘(I) 1 site-potential tree or 150- 

23 feet slope distance, whichever is great24 er, from a fish-bearing stream of great 


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1 ecological importance, as determined 

2 by the Secretary. 

3 ‘‘(II) 1 site-potential tree or 150- 

4 feet slope distance, whichever is great5 er, from a nonfish-bearing stream of 

6 great ecological importance, as deter7 mined by the Secretary 

8 ‘‘(III) 100-feet slope distance from 

9 a fish-bearing stream that is not a 

10 stream described in subclauses (I) and 

11 (II). 

12 ‘‘(IV) 50-feet slope distance from a 

13 nonfish-bearing stream that is not a 

14 stream described in subclauses (I) and 

15 (II). 

16 ‘‘(iii) FOREST MANAGEMENT ACTIVI17 TIES.—The ecological forestry practices es18 tablished in sections 8 and 9 of this Act 

19 shall apply the riparian reserves established 

20 in clause (ii) and the riparian management 

21 of section 4 of this Act. 

22 ‘‘(B) OUTER RIPARIAN ZONES.— 

23 ‘‘(i) ESTABLISHMENT AND MANAGE24 MENT OF THE OUTER RIPARIAN ZONE.— 


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1 ‘‘(I) IN GENERAL.—The outer ri2 parian zone is the area between the ri3 parian reserve established in clause 

4 (A)(ii) and one site-potential tree 

5 height. 

6 ‘‘(II) MANAGEMENT.—The Sec7 retary may carry out harvest in areas 

8 in the outer riparian zones using the 

9 standards for ecological forestry in 

10 Forestry Emphasis Areas subject to 

11 section 4(a)(3)(D) and other relevant 

12 provisions of this Act. 

13 ‘‘(C) TREE-TIPPING AND TREE FELLING AC14 TIVITIES.—When harvesting timber within the 

15 outer riparian zone, the Secretary shall employ 

16 tree tipping and tree felling activities during the 

17 harvest to maintain wood recruitment to adja18 cent streams. 

19 ‘‘(D) TREE RETENTION LEVELS IN AQUATIC

20 AREAS.—Not later than 60 days after the date of 

21 enactment of the Oregon and California Land 

22 Grant Act of 2014, the Secretary, in consultation 

23 with the Director of the United States Fish and 

24 Wildlife Service, the Administrator of the Na25 tional Oceanic and Atmospheric Administration, 


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1 the Director of the United States Geological Sur2 vey and the Administrator of the Environmental 

3 Protection Agency, shall establish minimum live 

4 and dead tree retention levels for thinning and 

5 other vegetation management projects consistent 

6 with the goals identified in subsection (a)(1). 

7 ‘‘(4) MANAGEMENT ACTIVITIES FOR CONSERVA8 TION AREA RIPARIAN RESERVES, KEY WATERSHEDS &

9 SOURCE WATER EMPHASIS AREAS.—Riparian reserves 

10 and reserve widths within the Conservation Emphasis 

11 Areas, source water emphasis areas, and Key Water12 sheds shall be managed to carry out the Aquatic Con13 servation Strategy as set forth in subsection (a)(1) 

14 without modifications set forth in subsection (a)(2). 

15 ‘‘(5) ADJUSTMENT OF RIPARIAN RESERVE

16 WIDTHS AND MANAGEMENT.— 

17 ‘‘(A) IN GENERAL.—Not earlier than 5 

18 years after the date of enactment of the Oregon 

19 and California Land Grant Act of 2014, and not 

20 more frequently than once each 5 years there21 after, the Secretary may adjust the riparian re22 serve widths established under paragraph (1), as 

23 well as the size of designated key watersheds, 

24 subject to the advice of the scientific committee 

25 established under subparagraph (B). 


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1 ‘‘(B) SCIENTIFIC COMMITTEE.— 

2 ‘‘(i) ESTABLISHMENT.—The Secretary 

3 shall establish a scientific committee made 

4 up of scientific and land management ex5 pertise to determine whether the riparian 

6 reserve widths and management should be 

7 adjusted to better attain the goals and objec8 tives of the Aquatic Conservation Strategy. 

9 ‘‘(ii) OUTSIDE MEMBERSHIP.—In ad10 dition to not more than 6 representatives of 

11 the Federal Government (including 1 rep12 resentative of each of the Bureau of Land 

13 Management, the National Oceanic and At14 mospheric Administration, the United 

15 States Geological Survey, the Environ16 mental Protection Agency, the United States 

17 Forest Service, and the United States Fish 

18 and Wildlife Service), the scientific com19 mittee shall include 6 individuals, to be ap20 pointed by the Secretary, who— 

21 ‘‘(I) are not full-time employees of 

22 the Federal Government; and 

23 ‘‘(II) have expertise relating to 

24 aquatic and riparian ecosystems, as 

25 demonstrated by— 


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1 ‘‘(aa) an advanced degree in 

2 a related field; and 

3 ‘‘(bb) subsequent relevant 

4 work experience. 

5 ‘‘(iii) DUTIES.—The scientific com6 mittee shall make recommendations regard7 ing whether the riparian reserve widths and 

8 management should be adjusted on indi9 vidual bodies of water, and submit said rec10 ommendations to the Secretary in a report, 

11 taking into consideration— 

12 ‘‘(I) the criteria listed in section 

13 4(a)(2)(A)(ii); 

14 ‘‘(II) additional criteria deemed 

15 appropriate; 

16 ‘‘(III) new scientific information 

17 and understanding; and 

18 ‘‘(IV) the need to manage covered 

19 lands per section 3(b). 

20 ‘‘(iv) PUBLIC REVIEW & COMMENT.— 

21 On receipt of the report under clause (iii), 

22 the Secretary shall— 

23 ‘‘(I) make the report available to 

24 the public; and 


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1 ‘‘(II) provide a period of not less 

2 than 60 days for public comment re3 garding the recommendations con4 tained in the report. 

5 ‘‘(v) DECISION TO ADJUST.—After tak6 ing into consideration the report under 

7 clause (iii) and any public comments re8 ceived under clause (iv)(II), the Secretary 

9 may adjust the riparian reserve width— 

10 ‘‘(I) taking into consideration the 

11 recommendations included in the re12 port, and the public comments; and 

13 ‘‘(II) if the Secretary determines 

14 that the adjustment meet the aquatic 

15 goals established in the Aquatic Con16 servation Strategy under paragraph 

17 (a)(1) and would be in the public in18 terest. 

19 ‘‘(b) ROADS.— 

20 ‘‘(1) IN GENERAL.—Except as provided in sec21 tions 3(e) and 3(j) of this Act, and paragraph (2) of 

22 this subsection, the Secretary shall not construct a 

23 road inside a riparian reserve. 

24 ‘‘(2) EXCEPTIONS.— 


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1 ‘‘(A) TEMPORARY ROADS.—The Secretary 

2 may construct a temporary road to enter a ri3 parian reserve, including crossing a stream 

4 where necessary, to complete a vegetation man5 agement project, if— 

6 ‘‘(i) there is no existing road system 

7 that can be used; 

8 ‘‘(ii) it is not possible to construct a 

9 road outside of the riparian reserve; 

10 ‘‘(iii) the temporary road is decommis11 sioned no more than 2 years after it is con12 structed or and the project for which it was 

13 constructed is completed, whichever comes 

14 first; and 

15 ‘‘(iv) any significant potential adverse 

16 impacts from the construction of any tem17 porary road do not persist more than 1 

18 year after the temporary road is decommis19 sioned. 

20 ‘‘(B) PERMANENT ROADS.—The Secretary 

21 may realign an existing road permanently in22 side a riparian reserve, including the replace23 ment of stream crossings, if the Secretary deter24 mines that the realignment will maintain, reVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 store, or improve aquatic or riparian ecosystems 

2 and water quality. 

3 ‘‘(c) STREAM IMPROVEMENT WORK.— 

4 ‘‘(1) IN GENERAL.—The Secretary may conduct 

5 certain activities on the covered land in accordance 

6 with this subsection. 

7 ‘‘(2) PERMITTED ACTIVITIES.— 

8 ‘‘(A) TREE TIPPING AND FELLING ACTIVI9 TIES.—During a vegetation management project, 

10 the Secretary may carry out tree tipping and 

11 tree felling activities within the riparian reserves 

12 in Dry Forestry Emphasis Areas or Moist For13 estry Emphasis Areas as the Secretary deter14 mines necessary to improve habitat for aquatic 

15 species. 

16 ‘‘(B) WOODY DEBRIS AUGMENTATION.—The 

17 Secretary shall annually, subject to appropria18 tions, use not less than $1,000,000, indexed for 

19 inflation, of amounts made available under sec20 tion 12(c) to transport and place large trees in 

21 streams on Federal, State, or private land to im22 prove fish habitat. 

23 ‘‘(C) NATIVE VEGETATION.—Within ripar24 ian reserves, the Secretary may only plant vege25 tation that is native to the site. 


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1 ‘‘(D) CULVERT REPLACEMENT.—The Sec2 retary may replace a culvert that impedes the 

3 passage of fish or is unable to withstand a 100- 

4 year flood event. 

5 ‘‘(3) ACTIVITIES CATEGORICALLY EXCLUDED

6 FROM REVIEW.—Except as provided in paragraph 

7 (4), each activity described in paragraph (2) shall 

8 be— 

9 ‘‘(A) considered an action categorically ex10 cluded from review under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et 

12 seq.) or section 1508.4 of title 40, Code of Fed13 eral Regulations (or a successor regulation); and 

14 ‘‘(B) exempt from administrative review. 

15 ‘‘(4) EXCLUSION OF CERTAIN AREAS.—Para16 graph (3) does not apply to any activity located in— 

17 ‘‘(A) a component of the National Wilder18 ness Preservation System; 

19 ‘‘(B) a component of the National Wild and 

20 Scenic Rivers System; 

21 ‘‘(C) lands with wilderness characteristics 

22 as defined in the Bureau of Land Management 

23 Manual provisions 6310 and 6320; or 

24 ‘‘(D) a Conservation Emphasis Area estab25 lished by section 10 if the activity would be inVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 consistent with the purposes and values for 

2 which the area was established. 

3 ‘‘SEC. 5. NOTICE OF INTENT. 

4 ‘‘(a) IN GENERAL.—Not later than 30 days after the 

5 date of enactment of the Oregon and California Land Grant 

6 Act of 2014, and every 5 years thereafter the Secretary shall 

7 publish in the Federal Register a notice of intent to pre8 pare— 

9 ‘‘(1) the landscape prioritization plan; and 

10 ‘‘(2) the draft comprehensive environmental im11 pact statements required under section 6(g)(2). 

12 ‘‘(b) PUBLIC COMMENT.—During the 45-day period 

13 beginning on the date of publication of the notice of intent 

14 under subsection (a), the Secretary shall solicit public com15 ments regarding— 

16 ‘‘(1) the scope and content of the documents de17 scribed in subsection (a); and 

18 ‘‘(2) the impacts that the Secretary should ana19 lyze regarding the alternatives in the draft com20 prehensive environmental impact statements described 

21 in subsection (a)(2). 

22 ‘‘(c) COORDINATION WITH PREPARATION OF LAND

23 USE PLANS.—The Secretary shall include the notice of in24 tent in the development or revision of a land use plan re25 quired under section 202 of the Federal Land Policy and 


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1 Management Act of 1976 (43 U.S.C. 1712) for the covered 

2 land or shall amend the land use plan required under sec3 tion 202 of the Federal Land Policy and Management Act 

4 of 1976 (43 U.S.C. 1712) for the covered land. 

5 ‘‘(d) INITIATION OF EARLY PLANNING AND CONSULTA6 TION AGREEMENT.—Not later than 30 days after the date 

7 on which a notice of intent is published under subsection 

8 (a), the Secretary of the Interior, the Secretary of Com9 merce, and the Administrator of the U.S. Environmental 

10 Protection Agency shall— 

11 ‘‘(1) enter into an early planning and consulta12 tion agreement, including timelines, regarding the de13 velopment of information, data and/or documents re14 quired to carry out this Act with— 

15 ‘‘(A) the United States Fish and Wildlife 

16 Service; 

17 ‘‘(B) the National Oceanic and Atmospheric 

18 Administration; 

19 ‘‘(C) the Environmental Protection Agency; 

20 and 

21 ‘‘(D) the U.S. Geological Survey; and 

22 ‘‘(2) invite to serve as cooperating agencies or to 

23 provide comments regarding the notice of intent— 

24 ‘‘(A) the State of Oregon; 


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1 ‘‘(B) Federally recognized Indian tribes 

2 with ancestral land or officially ceded lands in 

3 the covered land ; and 

4 ‘‘(C) affected units of local government. 

5 ‘‘SEC. 6. LANDSCAPE PRIORITIZATION PLANS. 

6 ‘‘(a) IN GENERAL.—Not later than 270 days after the 

7 date of enactment of the Oregon and California Land Grant 

8 Act of 2014, and every 5 years thereafter the Secretary, 

9 shall develop and make available to the public a landscape 

10 prioritization plan, which shall prioritize vegetation man11 agement projects and describe activities to be performed and 

12 areas to be established to satisfy landscape-related needs in 

13 the covered land— 

14 ‘‘(1) as a part of the development or revision of 

15 a land use plan required under section 202 of the 

16 Federal Land Policy and Management Act of 1976 

17 (43 U.S.C. 1712) for the covered land; and 

18 ‘‘(2) implement the landscape prioritization plan 

19 required in this section through the comprehensive en20 vironmental impact statements regardless of whether 

21 a revision of that land use plan has been completed. 

22 ‘‘(b) COORDINATION.—The Secretary shall develop the 

23 landscape prioritization plan under this section under the 

24 agreement entered into under section 5(d) in coordination 

25 with the Director of the United States Fish and Wildlife 


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1 Service and the Administrator of the National Oceanic and 

2 Atmospheric Administration to ensure that the landscape 

3 prioritization plan complies with the Endangered Species 

4 Act of 1973 (16 U.S.C. 1531 et seq.) and in coordination 

5 with the State of Oregon to ensure compliance with water 

6 quality standards adopted under the Federal Water Pollu7 tion Control Act (33 U.S.C. 1251 et seq.). 

8 ‘‘(c) COMPONENTS.— 

9 ‘‘(1) PROJECTS IN MOIST FORESTRY EMPHASIS

10 AREA.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), the Secretary shall identify the loca13 tions of the vegetation management projects that 

14 the Secretary proposes to conduct in the Moist 

15 Forestry Emphasis Area for the length of each 

16 Landscape Prioritization Plan. 

17 ‘‘(B) REQUIREMENTS.— 

18 ‘‘(i) IN GENERAL.—For each consecu19 tive 5-year period during the period de20 scribed in subparagraph (A), the Secretary 

21 shall plan to conduct— 

22 ‘‘(I) variable retention harvest 

23 consistent with this Act across stands 

24 that comprise 4 to 6 percent of the 


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1 Moist Forestry Emphasis Area, subject 

2 to clause (ii); and 

3 ‘‘(II) thinning activities con4 sistent with this Act across stands in 

5 Moist Forest Emphasis Area 

6 ‘‘(ii) VEGETATION MANAGEMENT

7 PROJECTS.—The locations of the proposed 

8 vegetation management projects under 

9 clause (i)(I) shall be distributed across the 

10 Bureau of Land Management districts, to 

11 the extent practicable. 

12 ‘‘(2) PROJECTS IN DRY FORESTRY EMPHASIS

13 AREA.—The Secretary shall identify the locations of 

14 the vegetation management projects consistent with 

15 ecological forestry principles the Secretary proposes to 

16 conduct in the Dry Forestry Emphasis Area for each 

17 consecutive length of the Landscape Prioritization 

18 Plan beginning on the date of enactment of the Or19 egon and California Land Grant Act of 2014. 

20 ‘‘(3) PROJECTS IN CONSERVATION EMPHASIS

21 AREA.—The Secretary shall identify the locations of 

22 vegetation management projects, including habitat 

23 protection or restoration projects, the Secretary pro24 poses to conduct in the Conservation Emphasis Area 

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1 scape Prioritization Plan beginning on the date of en2 actment of the Oregon and California Land Grant 

3 Act of 2014. 

4 ‘‘(4) SPECIFIC INFORMATION FOR PROJECTS.— 

5 ‘‘(A) IN GENERAL.—For each vegetation 

6 management project proposed by the Secretary, 

7 the Landscape Prioritization Plan shall include 

8 an identification of— 

9 ‘‘(i) the location of forest stands to be 

10 treated; 

11 ‘‘(ii) the approximate size and timing 

12 of the treatment in those stands; 

13 ‘‘(iii) the specific vegetation treatment 

14 recommended for each forest stand; and 

15 ‘‘(iv) the goals and objectives for any 

16 habitat protection or restoration projects. 

17 ‘‘(B) ONSITE REVIEWS.—In addition to 

18 identifying forest stands under subparagraph 

19 (A), the Secretary shall conduct onsite reviews to 

20 verify, at a minimum— 

21 ‘‘(i) riparian and aquatic parameters 

22 and assessments; 

23 ‘‘(ii) any streams or aquatic resources 

24 within the specific stands; 

25 ‘‘(iii) water quality; 


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1 ‘‘(iv) the presence of sensitive or special 

2 status species and habitats; 

3 ‘‘(v) road conditions and information; 

4 and 

5 ‘‘(vi) forest stand boundaries. 

6 ‘‘(d) PUBLIC COMMENT.—The Secretary shall solicit 

7 public comments regarding the landscape prioritization 

8 plan for a period of not less than 60 days after the date 

9 on which the Secretary makes the landscape prioritization 

10 plan available to the public. 

11 ‘‘(e) REVISED PLAN.—The Secretary shall revise the 

12 Landscape Prioritization Plan as the Secretary considers 

13 to be necessary, based on public comments received under 

14 subsection (d). 

15 ‘‘(f) MONITORING AND LONG-TERM EVALUATION.— 

16 ‘‘(1) IN GENERAL.—Each Landscape 

17 Prioritization Plan implementation shall be mon18 itored annually, and evaluated every 5 years as a 

19 part of the development or revision of a resource man20 agement plan required under section 202 of the Fed21 eral Land Policy and Management Act of 1976 (43 

22 U.S.C.1712) for the covered land, with opportunity 

23 for public comment prior to finalizing the monitoring 

24 assessments. 


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1 ‘‘(2) COMPONENTS OF THE MONITORING ASSESS2 MENT.—In preparing the monitoring assessment, the 

3 Secretary shall include assessments and reports on— 

4 ‘‘(A) changes in the volume and quality of 

5 timber sold; 

6 ‘‘(B) changes in water quality; 

7 ‘‘(C) changes in recreation; 

8 ‘‘(D) the effectiveness of fish and wildlife 

9 protections; 

10 ‘‘(E) the effectiveness of measures to prevent 

11 uncharacteristic wildfire; and 

12 ‘‘(F) changes in forest health and fish and 

13 wildlife habitat. 

14 ‘‘(3) COMPONENTS OF LANDSCAPE

15 PRIORITIZATION PLAN TO BE MONITORED AND EVALU16 ATED.—Each Landscape Prioritization Plan shall in17 clude for monitoring and evaluation a description of 

18 the Moist Forest Emphasis Areas and Dry Forest 

19 Emphasis Areas— 

20 ‘‘(A) for Moist Forestry Emphasis Areas— 

21 ‘‘(i) landscape-level plans depicting 

22 areas of the moist forest landscape that 

23 would result in a distribution of variable 

24 retention regeneration harvests to ensure the 


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1 desired placement and the appropriate scale 

2 of vegetation management projects; and 

3 ‘‘(ii) areas that will accelerate the de4 velopment of complex forest structure, in5 cluding opportunities to create spatial het6 erogeneity (such as creating skips and 

7 gaps), in a young stand that has a canopy 

8 that has closed and been simplified through 

9 past forest management; 

10 ‘‘(B) for Dry Forestry Emphasis Areas— 

11 ‘‘(i) a landscape-level plan depicting 

12 areas of dry forest landscape that will be 

13 left over the length of the Landscape 

14 Prioritization Plan in a denser condition 

15 beginning on the date of enactment of the 

16 Oregon and California Land Grant Act of 

17 2014; and 

18 ‘‘(ii) areas that will minimize and re19 duce the risk of uncharacteristic fire and in20 sect events, and improve fire resiliency par21 ticularly if critical components and values 

22 are at risk, including— 

23 ‘‘(I) communities in the wildland24 urban interface (as defined in section 


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1 101 of the Healthy Forests Restoration 

2 Act of 2003 (16 U.S.C. 6511)); and 

3 ‘‘(II) valuable forest structures, 

4 such as legacy trees and oak savannas 

5 that are in need of restoration or in 

6 danger from a potential fire risk; 

7 ‘‘(C) for Conservation Emphasis Areas the 

8 Secretary shall describe and evaluate the land9 scape-level plan depicting areas of the Conserva10 tion Emphasis Areas that will be left in a more 

11 natural condition over the length of the Land12 scape Prioritization Plan beginning on the date 

13 of enactment of the Oregon and California Land 

14 Grant Act of 2014. 

15 ‘‘(g) ANNUAL MONITORING.—The Secretary shall an16 nually use not less than $1,000,000, adjusted for inflation, 

17 of the amounts made available under section 13(c) to mon18 itor short-term and long-term changes in forest health, 

19 water quality, and fish and wildlife habitat. 

20 ‘‘(h) ENVIRONMENTAL COMPLIANCE.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall imple22 ment the Landscape Prioritization Plan, including 

23 priorities and vegetation management projects identi24 fied in a landscape prioritization plan under section 

25 6(a), in accordance with the National Environmental 


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1 Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the 

2 requirements of this section. 

3 ‘‘(2) DRAFT COMPREHENSIVE ENVIRONMENTAL

4 IMPACT STATEMENTS.—Not later than 18 months 

5 after the date of enactment of the Oregon and Cali6 fornia Land Grant Act of 2014, and every 5 years 

7 thereafter the Secretary shall publish notice in the 

8 Federal Register of the availability for public review 

9 of 2 draft comprehensive environmental impact state10 ments for the vegetation management projects pro11 posed to be carried out during the 5- year period, of 

12 which— 

13 ‘‘(A) one shall cover the Moist Forestry Em14 phasis Area and, of the Conservation Emphasis 

15 Areas designated under section 10— 

16 ‘‘(i) the Conservation Network that is 

17 predominantly moist forest; 

18 ‘‘(ii) the Late Successional Old-Growth 

19 Forest Heritage Reserves; 

20 ‘‘(iii) the Drinking Water Special 

21 Management Units; 

22 ‘‘(iv) the Molalla National Recreation 

23 Area; 

24 ‘‘(v) the Crabtree Valley Primitive 

25 Backcountry Area; 


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1 ‘‘(vi) the Brummit Fir Primitive 

2 Backcountry Area; 

3 ‘‘(vii) the Kilchis Wild Salmon Refuge 

4 Area; and 

5 ‘‘(viii) the Protected Environmental 

6 Zones that are predominantly moist forest; 

7 and 

8 ‘‘(B) one shall cover the Dry Forestry Em9 phasis Area and, of the Conservation Emphasis 

10 Areas designated under section 10— 

11 ‘‘(i) the Conservation Network that is 

12 predominantly dry forest; 

13 ‘‘(ii) the Rogue Canyon National 

14 Recreation Area; 

15 ‘‘(iii) the Illinois Valley Salmon and 

16 Botanical Area; 

17 ‘‘(iv) the Grizzly Peak Primitive 

18 Backcountry Area; 

19 ‘‘(v) the Dakubetede Primitive 

20 Backcountry Area; 

21 ‘‘(vi) the Wellington Wildlands Primi22 tive Backcountry Area; 

23 ‘‘(vii) the Mungers Butte Primitive 

24 Backcountry Area; 


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1 ‘‘(viii) the Pacific Crest Trail Cor2 ridor; 

3 ‘‘(ix) the Applegate Primitive 

4 Backcountry Area; and 

5 ‘‘(x) the Protected Environment Zones 

6 that are predominantly dry forest. 

7 ‘‘(3) ALTERNATIVES.—Each draft comprehensive 

8 environmental impact statement under this subsection 

9 shall analyze different locations for the relevant vege10 tation management projects under— 

11 ‘‘(A) the no-action alternative; and 

12 ‘‘(B) three other alternatives that are con13 sistent with this Act. 

14 ‘‘(4) INTERAGENCY COORDINATION AND CO15 OPERATION.—The Secretary shall require the Direc16 tors of the U.S. Bureau of Land Management and the 

17 U.S. Fish and Wildlife Service to coordinate and co18 operate between their agencies, and shall coordinate 

19 and cooperate with the Secretary of Commerce in de20 veloping each draft comprehensive impact statement 

21 under this subsection to ensure compliance with the 

22 Endangered Species Act of 1973 (16 U.S.C.1531 et 

23 seq.). 

24 ‘‘(5) PUBLIC COMMENT.—The Secretary shall so25 licit public comment regarding the draft comprehenVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 sive environmental impact statements under sub2 section (b) during the 60-day period beginning on the 

3 date on which the Secretary makes the draft com4 prehensive environmental impact statements available 

5 to the public. 

6 ‘‘(6) FINAL COMPREHENSIVE ENVIRONMENTAL

7 IMPACT STATEMENTS.—Not later than 27 months 

8 after the date of enactment of the Oregon and Cali9 fornia Land Grant Act of 2014, and 9 months after 

10 publication of subsequent draft comprehensive envi11 ronmental impact statements the Secretary— 

12 ‘‘(A) shall prepare 2 final comprehensive 

13 environmental impact statements for the vegeta14 tion management projects that have been identi15 fied in the draft comprehensive environmental 

16 impact statements in paragraph (2); 

17 ‘‘(B) shall publish in the Federal Register a 

18 notice of availability for public review of the 

19 final comprehensive environmental impact state20 ments; and 

21 ‘‘(C) may publish the final comprehensive 

22 environmental impact statements in conjunction 

23 with the environmental impact assessments relat24 ing to the land use plan developed by the Bureau 

25 of Land Management for the covered land. 


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1 ‘‘(7) RECORDS OF DECISION.—Except as pro2 vided in section 7(a), not later than 60 days after the 

3 date on which a notice of availability of the final 

4 comprehensive environmental impact statements is 

5 published in the Federal Register, the Secretary shall 

6 issue a record of decision relating to the vegetation 

7 management projects analyzed in the final com8 prehensive environmental impact statements. 

9 ‘‘SEC. 7. OBJECTIONS; O&C ADMINISTRATIVE REVIEW 

10 PROCESS; JUDICIAL REVIEW. 

11 ‘‘(a) O&C ADMINISTRATIVE REVIEW PROCESS.— 

12 ‘‘(1) IN GENERAL.—During the 60-day period 

13 described in section 6(h)(7), an eligible person may 

14 file an objection to the final comprehensive environ15 mental impact statement, or during the first 15 days 

16 of the 90-day period described in section 7(b) an eligi17 ble person may protest a proposed vegetation manage18 ment project. This objection or protest must be used 

19 in lieu of any other appeal that may be available. A 

20 protest will be considered and treated as an objection 

21 in this subsection. 

22 ‘‘(2) ELIGIBILITY.—To be eligible to file an ob23 jection to the final environmental impact statement 

24 or a protest for a proposed vegetation management 

25 project under paragraph (1), a person shall have subVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 mitted to the Secretary during the 60-day period de2 scribed in section 6(h)(5) written comments that de3 scribe the objections to the action proposed under the 

4 final comprehensive environmental impact statement. 

5 ‘‘(3) ELIGIBLE PROJECT LEVEL OBJECTIONS.— 

6 An objection to an individual vegetation management 

7 project may only be filed under paragraph (1) if the 

8 objector can show— 

9 ‘‘(A)(i) a proposed activity under the vege10 tation management project is inconsistent with a 

11 record of decision; and 

12 ‘‘(ii) the likely impacts of that activity are 

13 inconsistent with the impacts analyzed in the 

14 final comprehensive environmental impact state15 ment; 

16 ‘‘(B) the vegetation management project vio17 lates the Endangered Species Act of 1973 (16 

18 U.S.C. 1531 et seq.) or the Federal Water Pollu19 tion Control Act (33 U.S.C. 1251 et seq.); or 

20 ‘‘(C)(i) in the circumstance of new informa21 tion, changed circumstances, or changed condi22 tions on a particular project that may result in 

23 significant negative environmental impacts that 

24 were not encompassed in the analysis in the apVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 plicable final comprehensive environmental im2 pact statement; and 

3 ‘‘(ii) those circumstances were not consid4 ered in the final comprehensive environmental 

5 impact statement. 

6 ‘‘(4) RESPONSE.—The Secretary shall respond in 

7 writing to an objection filed under paragraph (1) not 

8 later than 30 days after the date on which the objec9 tion is filed. 

10 ‘‘(5) SUPPLEMENT.—In response to an objection 

11 filed under paragraph (1), the Secretary may supple12 ment the final comprehensive environmental impact 

13 statement or the draft Record of Decision to reflect the 

14 objection. 

15 ‘‘(6) TIMING OF RECORD OF DECISION.—If a per16 son files an objection under section 7(a)(1) relating to 

17 a final comprehensive environmental impact state18 ment, the Secretary shall publish a record of decision 

19 for that final comprehensive environmental impact 

20 statement— 

21 ‘‘(A) immediately after the Secretary re22 sponds to the objection; or 

23 ‘‘(B) as soon as practicable after the date on 

24 which the Secretary supplements the final comVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 prehensive environmental impact statement to 

2 reflect that objection under section 7(a)(4). 

3 ‘‘(b) DELAY OF IMPLEMENTATION.—The Secretary 

4 shall not offer for a bid or implementation a vegetation 

5 management project pending the disposition of the objec6 tion. Not less than 90 days prior to actual commencement 

7 of the project, notice of a bid or implementation shall be 

8 published in the Federal Register and mailed electronically 

9 to each person that submitted comments on a comprehensive 

10 environmental impact statement and requested a reply. 

11 ‘‘(c) JUDICIAL REVIEW.— 

12 ‘‘(1) IN GENERAL.—A person may only challenge 

13 a covered agency action in a United States district 

14 court by bringing a covered civil action. 

15 ‘‘(2) VENUE.—Venue for any covered civil action 

16 shall lie in the United States District Court for the 

17 District of Oregon or the United States District Court 

18 for the District of Columbia. 

19 ‘‘(3) ADDITIONAL STANDING REQUIREMENTS FOR

20 NEPA.—A person shall only have standing to bring a 

21 covered civil action under paragraph (1) for claims 

22 under the National Environmental Policy Act of 1969 

23 (42 U.S.C. 4321 et seq.), if that person filed an objec24 tion under subsection (a)(1). 


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1 ‘‘(4) ELIGIBILITY.—A reviewing court under this 

2 subsection shall not consider any issue in a covered 

3 civil action unless the issue has previously been 

4 raised, in the discretion of the court, in writing in the 

5 administrative review process described in section 

6 7(a) or through other judicial notice provisions re7 quired by Federal law. 

8 ‘‘(5) LIMITATION OF ACTIONS.—A covered civil 

9 action shall not be maintained unless the covered civil 

10 action commenced not later than 75 days after the 

11 date on which the covered agency action to which the 

12 covered civil action relates is final. 

13 ‘‘(6) EXPEDITED PROCEEDINGS.— 

14 ‘‘(A) IN GENERAL.—Congress expects that 

15 judicial review of covered actions will be based 

16 on review of the administrative record prepared 

17 by the Secretary. 

18 ‘‘(B) DISPOSITION.—The disposition of the 

19 complaint, by summary judgment or any other 

20 mechanism, shall commence not later than 190 

21 days after the date on which the covered civil ac22 tion is commenced. 

23 ‘‘(C) EXPEDITIOUS COMPLETION OF JUDI24 CIAL REVIEW.—Congress encourages a court of 

25 competent jurisdiction to expedite, to the maxVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 imum extent practicable, the proceedings in a 

2 covered civil action with the goal of rendering a 

3 final determination on the merits of the covered 

4 civil action as soon as practicable after the date 

5 on which a complaint or appeal is filed to ini6 tiate the action. 

7 ‘‘(7) APPLICABILITY.—Except as otherwise pro8 vided in this section, judicial review of a covered 

9 agency action shall be conducted in accordance with 

10 subchapter II of chapter 5, and chapter 7, of title 5, 

11 United States Code (commonly known as the ‘Admin12 istrative Procedure Act’). 

13 ‘‘SEC. 8. MOIST FORESTRY EMPHASIS AREA. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) CONFORMITY WITH PRINCIPLE OF SUS16 TAINED YIELD.—Timber from the Moist Forestry Em17 phasis Area shall be sold, cut, and removed in con18 formity with the principle of sustained yield as de19 fined by the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1701 et seq.) and in accord21 ance with the provisions of this Act. 

22 ‘‘(2) PRODUCTION LEVELS.—The Secretary shall 

23 maintain the highest consistent timber production lev24 els that can be sustained under ecological forestry 

25 principles and other provisions described in this Act. 


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1 ‘‘(3) CALCULATION.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall cal3 culate — 

4 ‘‘(i) the sustained yield and identify 

5 the quantity of timber the Secretary can 

6 produce as part of the draft comprehensive 

7 environmental impact statement required 

8 under this Act for the Moist Forestry Em9 phasis Area, not including riparian reserves 

10 established under section 4; and 

11 ‘‘(ii) the quantity of timber as a by12 product the Secretary can produce, as part 

13 of the Moist Forestry Emphasis Area, in14 cluding riparian reserves established under 

15 section 4, and the portions of the Conserva16 tion Emphasis Area, as described in the 

17 draft comprehensive environmental impact 

18 statement under section 6(h)(2). 

19 ‘‘(B) REQUIREMENTS.—The Secretary 

20 shall— 

21 ‘‘(i) calculate the quantities under 

22 clauses (i) and (ii) of subparagraph (A) in 

23 5-year increments; and 

24 ‘‘(ii) in calculating that quantity, clas25 sify the volume of timber that could be ofVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 fered from the various areas defined in sub2 paragraph (A). 

3 ‘‘(b) MANAGEMENT OF MOIST FORESTRY EMPHASIS

4 AREA.— 

5 ‘‘(1) IN GENERAL.—Moist Forestry Emphasis 

6 Areas shall be managed in accordance with the prin7 ciples of ecological forestry. 

8 ‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES FOR

9 MOIST FORESTRY EMPHASIS AREAS.—The ecological 

10 forestry principles referred to in paragraph (1) relate 

11 to variable retention regeneration harvests and in12 clude— 

13 ‘‘(A) the retention of legacy trees; 

14 ‘‘(B) the acceleration of the development of 

15 structural complexity, including spatial hetero16 geneity, through the use of diverse silvicultural 

17 approaches, such as variable density and clump18 based thinning prescriptions; 

19 ‘‘(C) the implementation of variable reten20 tion regeneration harvesting activities that retain approximately 1 21 ⁄3 of the live basal area of 

22 the forest within the harvest area, primarily but 

23 not exclusively in aggregates, provided that non24 fish bearing stream riparian reserves within the 

25 harvest unit count towards retention, but other 


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1 reserves, including riparian reserves on fish 

2 bearing streams, do not count; 

3 ‘‘(D) the development and maintenance of 

4 early seral ecosystems with diverse species fol5 lowing harvesting activities through the use of 

6 less intense approaches to site preparation and 

7 tree regeneration and nurturing of diverse early 

8 seral ecosystems; and 

9 ‘‘(E) the long-term establishment of a sil10 vicultural system that includes the development 

11 and management of multiaged, mixed-species 

12 stands. 

13 ‘‘(3) VARIABLE RETENTION REGENERATION HAR14 VEST.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 designate not less than 4 percent and not greater 

17 than 6 percent of the moist forests described in 

18 paragraph (1) as land on which the Secretary 

19 shall carry out during each 5 year period vari20 able retention regeneration harvesting activities, 

21 consistent with— 

22 ‘‘(i) this section and other provisions of 

23 this Act; 

24 ‘‘(ii) the Endangered Species Act (16 

25 U.S.C. 1531 et seq.); and 


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1 ‘‘(iii) the environmental impact state2 ment required under the National Environ3 mental Policy Act of 1969 (42 U.S.C. 4321 

4 et seq.) as described in section 6. 

5 ‘‘(4) NORTHWEST FOREST PLAN APPLICATION.— 

6 The Secretary shall identify 50,000 acres of Moist 

7 Forest Emphasis Area that— 

8 ‘‘(A) have been previously subject to forest 

9 management; 

10 ‘‘(B) whose trees are in the 80 year age 

11 class or younger; 

12 ‘‘(C) are not within one site-potential tree 

13 height of any stream, or within a source water 

14 emphasis area or a key watershed under the 

15 NWFP; 

16 ‘‘(D) are not within critical habitat; and 

17 ‘‘(E) apply the implementation of variable 

18 retention regeneration harvesting activities that 

retain approximately 1 19 ⁄4 of the live basal area of 

20 the forest within the harvest area, provided that 

21 non-fish bearing stream riparian reserves within 

22 the harvest unit count towards retention, but 

23 other reserves, including riparian reserves on 

24 fish bearing streams, do not. In total, not less 


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1 than 15 percent of the live basal area in the 

2 stand, excluding all reserves, must be retained. 

3 ‘‘(c) ROADS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall not in5 crease the total quantity of mileage of permanent, sys6 tem and non-system roads that are operational in the 

7 Moist Forestry Emphasis Area to a quantity greater 

8 than the quantity of mileage in existence on the date 

9 of enactment of the Oregon and California Land 

10 Grant Act of 2014, excluding roads constructed pur11 suant to reciprocal rights of way agreements, ease12 ment obligations or other access rights of non-Federal 

13 parties in effect as of enactment of the Oregon and 

14 California Land Grant Act of 2014, subject to the 

15 rights of the owner of adjacent private land as set 

16 forth in sections 3(e) and 3(j) of this Act. 

17 ‘‘(2) SYSTEM ROADS.—The Secretary— 

18 ‘‘(A) may construct new system roads out19 side of the riparian reserves to carry out a vege20 tation management project under this Act; and 

21 ‘‘(B) subject to the availability of appro22 priations and to the maximum extent prac23 ticable, shall reduce the quantity of mileage of 

24 system roads by decommissioning roads, subject 

25 to the rights of the owner of adjacent private 


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1 land as set forth in sections 3(e) and 3(j) of this 

2 Act, provided that decommissioning shall be done 

3 with an adjacent private landowner if— 

4 ‘‘(i) the adjacent private landowner is 

5 a party to a reciprocal right-of-way agree6 ment covering an area which includes the 

7 road in question; or 

8 ‘‘(ii) the decommissioning would re9 move or increase the cost of vehicular access 

10 to the adjacent private lands. 

11 ‘‘(3) NON-SYSTEM ROADS.—Subject to the avail12 ability of appropriations, the Secretary shall annu13 ally reduce the total quantity of mileage of nonsystem 

14 roads. 

15 ‘‘(4) TEMPORARY ROADS.—If the Secretary con16 structs a temporary road as part of a vegetation 

17 management project, the Secretary shall close and de18 commission the temporary road not later than the 

19 earlier of— 

20 ‘‘(A) the date that is 2 years after the date 

21 on which the activity for which the temporary 

22 road was constructed is completed; and 

23 ‘‘(B) the date that is 1 year after the date 

24 on which the vegetation management project is 

25 completed. 


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1 ‘‘SEC. 9. DRY FORESTRY EMPHASIS AREA. 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) The Secretary shall manage the Dry For4 estry Emphasis Area to increase the resiliency of the 

5 stands by reducing the risk from uncharacteristic 

6 wildfires, droughts, and insect or disease events while 

7 maintaining consistent timber production levels that 

8 can be sustained under ecological forestry principles 

9 and other provisions described in this Act. 

10 ‘‘(2) CONFORMITY WITH PRINCIPLE OF SUS11 TAINED YIELD.—Timber from the Dry Forestry Em12 phasis Area shall be sold, cut, and removed in con13 formity with the principle of sustained yield as de14 fined by the Federal Land Policy and Management 

15 Act of 1976 (43 U.S.C. 1701 et seq.) and in accord16 ance with the provisions of this Act. 

17 ‘‘(3) PRODUCTION LEVELS.—The Secretary shall 

18 maintain the highest consistent timber production lev19 els that can be sustained under ecological forestry 

20 principles and other provisions described in this Act. 

21 ‘‘(4) CALCULATION.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall cal23 culate— 

24 ‘‘(i) the sustained yield and identify 

25 the quantity of timber the Secretary can 

26 produce as part of the draft comprehensive 


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1 environmental impact statement required 

2 under this Act for the Dry Forestry Empha3 sis Area, not including riparian reserves es4 tablished under section 4; and 

5 ‘‘(ii) the quantity of timber as a by6 product the Secretary can produce, as part 

7 of the Dry Forestry Emphasis Area, includ8 ing riparian reserves established under sec9 tion 4, and the portions of the Conservation 

10 Emphasis Area, as described in the draft 

11 comprehensive environmental impact state12 ment under section 6. 

13 ‘‘(b) REQUIREMENTS.—The Secretary shall maintain, 

14 restore, or improve conditions of tree density, tree composi15 tion, and tree size distribution that will result in a stand 

16 with a high level of resistance and resilience to 

17 uncharacteristic wildfires, droughts, and insect events. 

18 ‘‘(c) PRIORITY.—In carrying out vegetation manage19 ment projects, the Secretary shall give priority to areas that 

20 contain important components, including— 

21 ‘‘(1) communities in the wildland-urban inter22 face (as defined in section 101 of the Healthy Forests 

23 Restoration Act of 2003 (16 U.S.C. 6511)); and 


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1 ‘‘(2) valuable forest structures, such as legacy 

2 trees and oak savannas that are in need of restoration 

3 or are in danger from uncharacteristic fire. 

4 ‘‘(d) MANAGEMENT OF DRY FORESTRY EMPHASIS

5 AREAS.— 

6 ‘‘(1) IN GENERAL.—Dry Forestry Emphasis 

7 Areas shall be managed in accordance with ecological 

8 forestry principles described in paragraph (2). 

9 ‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES IN DRY

10 FORESTS.—The ecological forestry principles referred 

11 to in paragraph (1) include— 

12 ‘‘(A) the retention and improvement of the 

13 survivability of legacy trees through the reduc14 tion of adjacent fuels and competing vegetation 

15 to promote resilience against mortality from in16 sects, disease, and fire; 

17 ‘‘(B) the retention and protection of impor18 tant structures such as large hardwoods, snags, 

19 and logs; 

20 ‘‘(C) the reduction of overall stand densities 

21 through partial cutting in an effort— 

22 ‘‘(i) to reduce basal areas to desired 

23 levels, particularly in overstocked stands; 

24 ‘‘(ii) to increase the mean stand di25 ameter; and 


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1 ‘‘(iii) to shift the composition of stands 

2 to fire- and drought-tolerant species; 

3 ‘‘(D) the restoration of spatial heterogeneity 

4 through the variation of the treatment of stands, 

5 such as by leaving untreated patches, creating 

6 openings, and establishing tree clumps and iso7 lated single trees; 

8 ‘‘(E) the establishment of new tree cohorts of 

9 shade-intolerant species in created openings; 

10 ‘‘(F) the harvesting of timber during the 

11 restoration process; 

12 ‘‘(G) the maintenance of sustainable and 

13 fire-resilient conditions in perpetuity through 

14 both passive and active management of the dry 

15 forests in accordance with this subsection, in16 cluding the treatment of activity fuels and other 

17 surface and ladder fuels and understory vegeta18 tion using prescribed fire, natural fire or me19 chanical activities; and 

20 ‘‘(H) the retention of a basal area after a 

21 partial cut that is not less than 35 percent of the 

22 initial basal area of the sale. 

23 ‘‘(e) ROADS.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall not in25 crease the total quantity of mileage of system roads 


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1 that are operational in the Dry Forestry Emphasis 

2 Area to a quantity greater than the quantity of mile3 age in existence on the date of enactment of the Or4 egon and California Land Grant Act of 2014, exclud5 ing roads constructed pursuant to reciprocal rights of 

6 way agreements, easement obligations or other access 

7 rights of non-Federal parties in effect as of enactment 

8 of the Oregon and California Land Grant Act of 

9 2014, subject to the rights of the owner of adjacent 

10 private land as set forth in sections 3(e) and 3(j) of 

11 this Act. 

12 ‘‘(2) SYSTEM ROADS.—The Secretary— 

13 ‘‘(A) may construct new system roads to 

14 carry out a vegetation management project; and 

15 ‘‘(B) subject to the availability of appro16 priations, shall decommission or place into stor17 age all system roads that the Secretary has not 

18 planned to use in the next 5 years for vegetation 

19 management projects or administrative purposes, 

20 subject to the rights of the owner of adjacent pri21 vate land as set forth in sections 3(e) and 3(j) 

22 of this Act, provided that decommissioning shall 

23 be done with an adjacent private landowner if— 

24 ‘‘(i) the adjacent private landowner is 

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1 ment covering an area which includes the 

2 road in question; or 

3 ‘‘(ii) the decommissioning would re4 move or increase the cost of vehicular access 

5 to the adjacent private lands. 

6 ‘‘(3) NONSYSTEM ROADS.—Subject to the avail7 ability of appropriations, the Secretary shall annu8 ally reduce the total quantity of mileage of nonsystem 

9 roads by decommissioning. 

10 ‘‘(4) TEMPORARY ROADS.—If the Secretary con11 structs a temporary road as part of a vegetation 

12 management project, the Secretary shall close and de13 commission the temporary road not later than the 

14 earlier of— 

15 ‘‘(A) the date that is 2 years after the date 

16 on which the activity for which the temporary 

17 road was constructed is completed; and 

18 ‘‘(B) the date that is 1 year after the date 

19 on which the vegetation management project is 

20 completed. 

21 ‘‘SEC. 10. CONSERVATION EMPHASIS AREAS. 

22 ‘‘(a) CONSERVATION NETWORKS.—The approximately 

23 690,000 acres of land managed by the Secretary, as gen24 erally depicted as ‘Conservation Network’ on the map enti25 tled ‘O&C Land Grant Act of 2014: Conservation Network’ 


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1 and dated November 3, 2014, which is designated as the 

2 Conservation Network, the purpose of which is to create for3 est reserves providing ecological benefits and protect con4 servation values, including providing late successional old5 growth forest complex habitat, complex early successional 

6 habitat, aquatic and riparian protection, fish and wildlife 

7 benefits, recreational and educational opportunities and 

8 other natural processes needed for the healthy functioning 

9 of the ecosystem, shall be managed in accordance with sub10 section (h). 

11 ‘‘(b) LATE SUCCESSIONAL OLD-GROWTH FOREST

12 HERITAGE RESERVES.—The approximately 510,000 acres 

13 of land managed by the Secretary, as generally depicted on 

14 the map entitled ‘O & C Land Grant Act of 2014: Late 

15 Successional Old-Growth Forest Heritage Reserves’ and 

16 dated November 3, 2014, which is designated as the ‘Late 

17 Successional Old-Growth Forest Heritage Reserves’, the 

18 purpose of which is to protect and preserve Moist Forest 

19 stands that, as of the date of enactment of the Oregon and 

20 California Land Grant Act of 2014, contain a 90 year or 

21 above age class, shall be managed by the Secretary in a 

22 manner that does not allow harvesting of any tree within 

23 the area. 

24 ‘‘(c) SPECIAL MANAGEMENT UNITS.— 


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1 ‘‘(1) DESIGNATION.—For the purposes of ensur2 ing the protection of the watersheds as a source of 

3 clean drinking water, to safeguard the water quality 

4 and quantity in the areas, and to allow visitors to 

5 enjoy the special scenic, natural, cultural, and fish 

6 and wildlife values of the watersheds, the following 

7 areas in the State of Oregon are designated as special 

8 management units for special management by the 

9 Secretary in accordance with subsection (h) and this 

10 subsection: 

11 ‘‘(A) MCKENZIE DRINKING WATER SPECIAL

12 MANAGEMENT UNIT.—The approximately 12,042 

13 acres of land managed by the Secretary , as gen14 erally depicted on the map entitled ‘O&C Land 

15 Grant Act of 2014: McKenzie Source Water Em16 phasis Area’ and dated November 3, 2014, which 

17 is designated as the ‘McKenzie Drinking Water 

18 Special Management Unit’. 

19 ‘‘(B) HILLSBORO DRINKING WATER SPECIAL

20 MANAGEMENT UNIT.—The approximately 1,243 

21 acres of land managed by the Secretary, as gen22 erally depicted on the map entitled ‘O&C Land 

23 Grant Act of 2014: Hillsboro Source Water Em24 phasis Area’ and dated November 3, 2014, which 


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1 is designated as the ‘Hillsboro Drinking Water 

2 Special Management Unit’. 

3 ‘‘(C) CLACKAMAS DRINKING WATER SPECIAL

4 MANAGEMENT UNIT.—The approximately 416 

5 acres of land managed by the Secretary, as gen6 erally depicted on the map entitled ‘O&C Land 

7 Grant Act of 2014: Clackamas Source Water 

8 Emphasis Area’ and dated November 3, 2014, 

9 which is designated as the ‘Clackamas Drinking 

10 Water Special Management Unit’. 

11 ‘‘(D) SPRINGFIELD DRINKING WATER SPE12 CIAL MANAGEMENT UNIT.—The approximately 

13 3,161 acres of land managed by the Secretary, as 

14 generally depicted on the map entitled ‘O&C 

15 Land Grant Act of 2014: Springfield Source 

16 Water Emphasis Area’ and dated November 3, 

17 2014, which is designated as the ‘Springfield 

18 Drinking Water Special Management Unit’. 

19 ‘‘(2) LIVESTOCK.—The grazing of livestock shall 

20 not be allowed within a special management unit des21 ignated by paragraph (1). 

22 ‘‘(d) NATIONAL RECREATION AREAS.—For the pur23 poses of protecting , conserving, and enhancing the unique 

24 and nationally important recreational, ecological, scenic, 

25 cultural, watershed, and fish and wildlife values of the 


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1 areas, the following areas in the State of Oregon are des2 ignated as recreation areas for management by the Sec3 retary in accordance with subsection (h): 

4 ‘‘(1) ROGUE CANYON NATIONAL RECREATION

5 AREA.—The approximately 94,700 acres of Bureau of 

6 Land Management land, within the boundary gen7 erally depicted on the map entitled ‘O&C Land Grant 

8 Act of 2014: Rogue Canyon National Recreation 

9 Area’ and dated November 3, 2014, which is des10 ignated as the ‘Rogue Canyon National Recreation 

11 Area’. 

12 ‘‘(2) MOLALLA NATIONAL RECREATION AREA.— 

13 The approximately 24,100 acres of Bureau of Land 

14 Management land, within the boundary generally de15 picted on the map entitled ‘O&C Land Grant Act of 

16 2014: Molalla National Recreation Area’ and dated 

17 November 3, 2014, which is designated as the ‘Molalla 

18 National Recreation Area’. 

19 ‘‘(e) SPECIAL MANAGEMENT AREAS.—For the purposes 

20 of protecting, preserving and enhancing the natural char21 acter, scientific use, and the botanical, recreational, ecologi22 cal, fish and wildlife, scenic, drinking water, or cultural 

23 values of the areas or to preserve opportunities for primitive 

24 recreation, the following areas in the State of Oregon are 


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1 designated for special management by the Secretary in ac2 cordance with subsection (h): 

3 ‘‘(1) ILLINOIS VALLEY SALMON AND BOTANICAL

4 SPECIAL MANAGEMENT AREA.—The approximately 

5 15,000 acres of Bureau of Land Management land, as 

6 generally depicted on the map entitled ‘O&C Land 

7 Grant Act of 2014: Illinois Valley Salmon and Botan8 ical Area’ and dated November 3, 2014, which is des9 ignated as the ‘Illinois Valley Salmon and Botanical 

10 Special Management Area’. 

11 ‘‘(2) KILCHIS WILD SALMON REFUGE AREA.— 

12 The approximately 9,000 acres of Bureau of Land 

13 Management land, as generally depicted on the map 

14 entitled ‘O&C Land Grant Act of 2014: Kilchis Wild 

15 Salmon Refuge Area’ and dated November 3, 2014, 

16 which is designated as the ‘Kilchis Wild Salmon Ref17 uge Area’. 

18 ‘‘(3) SMITH RIVER SALMON RESTORATION

19 UNIT.—The purpose of this restoration unit is to en20 sure the protection, maintenance and restoration of 

21 the salmonid resources of these rivers segments. The 

22 riparian areas along the mainstem of the Smith 

23 River, from the confluence of Spencer Creek (Smith 

24 River mile 22.8), upstream to Clabber Creek (Smith 

25 River mile 60.5), which flows through the covered 


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1 lands and the mainstem of the West Fork of the 

2 Smith River, from the confluence of W. Fork Smith 

3 river with the main stem Smith River (Smith River 

4 mile 34.5) upstream along the West Fork of the Smith 

5 River to the junction of Upper W. Fork Smith River 

6 Road (W. Fork Smith River mile 12.43), which flows 

7 through the covered lands, will be managed to under 

8 section 4(a)(1 of this Act without modifications under 

9 4(a)(2). 

10 ‘‘(4) GRIZZLY PEAK PRIMITIVE BACKCOUNTRY

11 SPECIAL MANAGEMENT AREA.—The approximately 

12 2,100 acres of Bureau of Land Management land, as 

13 generally depicted on the map entitled ‘O&C Land 

14 Grant Act of 2014: Grizzly Peak Primitive 

15 Backcountry Area’ and dated November 3, 2014, 

16 which is designated as the ‘Grizzly Peak Primitive 

17 Backcountry Special Management Area’. 

18 ‘‘(5) DAKUBETEDE PRIMITIVE BACKCOUNTRY

19 SPECIAL MANAGEMENT AREA.—The approximately 

20 21,200 acres of Bureau of Land Management land, as 

21 generally depicted on the map entitled ‘O&C Land 

22 Grant Act of 2014: Dakubetede Primitive 

23 Backcountry Area’ and dated November 3, 2014, 

24 which is designated as the ‘Dakubetede Primitive 

25 Backcountry Special Management Area’. 


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1 ‘‘(6) WELLINGTON WILDLANDS PRIMITIVE

2 BACKCOUNTRY SPECIAL MANAGEMENT AREA.—The ap3 proximately 5,700 acres of Bureau of Land Manage4 ment land, as generally depicted on the map entitled 

5 ‘O&C Land Grant Act of 2014: Wellington Wildlands 

6 Primitive Backcountry Area’ and dated November 3, 

7 2014, which is designated as the ‘Wellington 

8 Wildlands Primitive Backcountry Special Manage9 ment Area’. 

10 ‘‘(7) MUNGERS BUTTE PRIMITIVE BACKCOUNTRY

11 SPECIAL MANAGEMENT AREA.—The approximately 

12 10,200 acres of Bureau of Land Management land, as 

13 generally depicted on the map entitled ‘O&C Land 

14 Grant Act of 2014: Mungers Butte Primitive 

15 Backcountry Area’ and dated November 3, 2014, 

16 which is designated as the ‘Mungers Butte Primitive 

17 Backcountry Special Management Area’. 

18 ‘‘(8) BRUMMIT FIR PRIMITIVE BACKCOUNTRY

19 SPECIAL MANAGEMENT AREA.—The approximately 

20 2,000 acres of Bureau of Land Management land, as 

21 generally depicted on the map entitled ‘O&C Land 

22 Grant Act of 2014: Brummit Fir Primitive 

23 Backcountry Area’ and dated November 3, 2014, 

24 which is designated as the ‘Brummit Fir Primitive 

25 Backcountry Special Management Area’. 


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1 ‘‘(9) CRABTREE VALLEY PRIMITIVE

2 BACKCOUNTRY SPECIAL MANAGEMENT AREA.—The ap3 proximately 2,100 acres of Bureau of Land Manage4 ment land, as generally depicted on the map entitled 

5 ‘O&C Land Grant Act of 2014: Crabtree Valley 

6 Primitive Backcountry Area’ and dated November 3, 

7 2014, which is designated as the ‘Crabtree Valley 

8 Primitive Backcountry Special Management Area’. 

9 ‘‘(10) APPLEGATE PRIMITIVE BACKCOUNTRY SPE10 CIAL MANAGEMENT AREA.—The approximately 9,000 

11 acres of Bureau of Land Management land, as gen12 erally depicted on the map entitled ‘O&C Land Grant 

13 Act of 2014: Crabtree Valley Primitive Backcountry 

14 Area’ and dated November 1, 2014, which is des15 ignated as the ‘Crabtree Valley Primitive 

16 Backcountry Special Management Area’. 

17 ‘‘(11) PROTECTED ENVIRONMENTAL ZONE SPE18 CIAL MANAGEMENT AREA.—The approximately 95,767 

19 acres of land administered by the Secretary, as gen20 erally depicted on the map entitled ‘O&C Land Grant 

21 Act of 2014: Special Environmental Zones’ and dated 

22 November 3, 2014, which is designated as the ‘Special 

23 Environmental Zone Special Management Area’. 

24 ‘‘(f) CASCADE-SISKIYOU NATIONAL MONUMENT EX25 PANSION.—Subject to valid existing rights, the Secretary 


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1 shall administer the approximately 2,050 acres of land ad2 ministered by the Director of the Bureau of Land Manage3 ment generally depicted on the map entitled ‘O&C Land 

4 Grant Act of 2014: Cascade-Siskiyou National Monument 

5 Expansion’ and dated November 3, 2014, as part of the Cas6 cade-Siskiyou National Monument and subject to the same 

7 proclamation, regulations, rules and policies that apply to 

8 the rest of the national monument. 

9 ‘‘(g) PACIFIC CREST TRAIL PROTECTION CORRIDOR.— 

10 ‘‘(1) ESTABLISHMENT.—There is designated in 

11 the State of Oregon a protective corridor for the Pa12 cific Crest National Scenic Trail, to be known as the 

13 ‘ Pacific Crest Trail Protection Corridor’, consisting 

14 of all Bureau of Land Management land located within approximately 1 15 ⁄4 mile on either side of the Pacific 

16 Crest National Scenic Trail, beginning at the west 

17 boundary of Section 23, T.40.S, R.7.W, W.M. at the 

18 border of the Klamath National Forest in the 

19 Siskiyou Mountains, continuing approximately 45 

20 miles and ending at the eastern boundary Section 13, 

21 T.38.S, R.4.E, W.M near the southern boundary of the 

22 Rogue River National Forest in the Cascade Range, 

23 to be managed by the Secretary in accordance with 

24 subsection (h). 


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1 ‘‘(2) PURPOSES.—The purposes of the Pacific 

2 Crest Trail Protection Corridor are to protect and en3 hance the recreational, scenic, historic, and wildlife 

4 values of the Pacific Crest National Scenic Trail in 

5 as natural and undeveloped a state as practicable. 

6 ‘‘(3) FOREST ROADS.—Forest roads crossing the 

7 Pacific Crest Trail Protection Corridor or within the 

8 Pacific Crest Trail Protection Corridor shall be lim9 ited to those necessary for the proper use and admin10 istration of adjacent public land, as determined by 

11 the Secretary in applicable management plans. 

12 ‘‘(h) ADMINISTRATION.— 

13 ‘‘(1) MAPS AND LEGAL DESCRIPTIONS.— 

14 ‘‘(A) IN GENERAL.—As soon as practicable 

15 after the date of enactment of the Oregon and 

16 California Land Grant Act of 2014, the Sec17 retary shall a prepare a map and legal descrip18 tion of each Conservation Emphasis Area. 

19 ‘‘(B) EFFECT.—The maps and legal de20 scriptions prepared under subparagraph (A) 

21 shall have the same force and effect as if included 

22 in this Act, except that the Secretary may correct 

23 any minor errors in the maps and legal descrip24 tions. 


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1 ‘‘(C) PUBLIC AVAILABILITY.—The maps and 

2 legal descriptions prepared under subparagraph 

3 (A) shall be available for public inspection in the 

4 appropriate offices of the Bureau of Land Man5 agement. 

6 ‘‘(2) ADMINISTRATION.— 

7 ‘‘(A) APPLICABLE LAW.—The Secretary 

8 shall administer each Conservation Emphasis 

9 Area— 

10 ‘‘(i) in a manner that furthers the pur11 poses for which the Conservation Emphasis 

12 Area was established; and 

13 ‘‘(ii) in accordance with— 

14 ‘‘(I) this subsection; 

15 ‘‘(II) the Federal Land Policy and 

16 Management Act of 1976 (43 U.S.C. 

17 1701 et seq.); and 

18 ‘‘(III) any other applicable Fed19 eral laws. 

20 ‘‘(B) USES.—The Secretary shall only allow 

21 uses of a Conservation Emphasis Area that are 

22 consistent with the purposes and values for 

23 which the Conservation Emphasis Area is estab24 lished. 


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1 ‘‘(C) WITHDRAWAL.—Subject to valid exist2 ing rights, all Federal surface and subsurface 

3 land within a Conservation Emphasis Area is 

4 withdrawn from— 

5 ‘‘(i) all forms of entry, appropriation, 

6 or disposal under the public land laws; 

7 ‘‘(ii) location, entry, and patent under 

8 the mining laws; and 

9 ‘‘(iii) operation under the mineral 

10 leasing and geothermal leasing laws. 

11 ‘‘(3) ADJACENT MANAGEMENT.—Nothing in this 

12 section creates any protective perimeter or buffer zone 

13 around an area designated under this section. 

14 ‘‘(4) USE OF MOTORIZED VEHICLES.—The use of 

15 motorized vehicles within the Conservation Emphasis 

16 Areas shall be limited to roads allowed by the Sec17 retary for such use, provided that the Secretary may 

18 allow off-road vehicle use in designated portions of the 

19 areas designated by this section if such use is con20 sistent with the purposes and values for which the 

21 area was designated. 

22 ‘‘(5) FOREST MANAGEMENT.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), in the Conservation Emphasis Area 

25 (other than a special management area desVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 ignated by subsection (e)), the cutting, sale, or 

2 removal of timber may be permitted— 

3 ‘‘(i) to the extent necessary to improve 

4 forest health in ways that also— 

5 ‘‘(I) improve the habitats of 

6 threatened or endangered species or 

7 species considered sensitive by the Sec8 retary over the long term after comple9 tion of the vegetation management 

10 project; or 

11 ‘‘(II) in the case of harvests in 

12 moist forest sites, is conducted— 

13 ‘‘(aa) through variable den14 sity and clump based thinning; 

15 ‘‘(bb) in a manner that re16 tains legacy trees; and 

17 ‘‘(III) in the case of dry forests, 

18 through partial cutting in a manner 

19 that retains legacy trees; 

20 ‘‘(ii) is also in furtherance of the pur21 poses for which the Conservation Emphasis 

22 Area was established; or 

23 ‘‘(iii) for de minimis personal or ad24 ministrative use within a Conservation Em25 phasis Area established in subsection (a), if 


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1 the use would not impact the purposes for 

2 which the Conservation Network was estab3 lished. 

4 ‘‘(B) EXCEPTIONS.—Notwithstanding sub5 paragraph (A), forest thinning and vegetation 

6 treatments may be permitted in a special man7 agement area designated by subsection (e), if the 

8 purpose of the treatments is— 

9 ‘‘(i) to improve forest health in a case 

10 in which the forest is threatened by 

11 uncharacteristic fire, an insect event, or dis12 ease; 

13 ‘‘(ii) to improve or maintain rec14 reational facilities and opportunities; or 

15 ‘‘(iii) to protect public health or safety. 

16 ‘‘(C) CALCULATION.—The Secretary shall 

17 calculate the quantity of timber that the Sec18 retary would produce from the Conservation Em19 phasis Areas as a by-product of the conservation 

20 management, not including riparian reserves es21 tablished under section 4 and Late Successional 

22 Old-Growth Heritage Reserves. 

23 ‘‘(i) ROADS.— 

24 ‘‘(1) IN GENERAL.—The Secretary, to the max25 imum extent practicable, shall decrease the total mileVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 age of system roads that are operational in the Con2 servation Emphasis Areas to a quantity less than the 

3 quantity of mileage in existence on the date of enact4 ment of the Oregon and California Land Grant Act 

5 of 2014. The Secretary shall prioritize decreasing the 

6 mileage of the road network in order to reduce im7 pacts to water quality from sediment delivered to 

8 streams by forest roads. 

9 ‘‘(2) TEMPORARY ROADS.—If the Secretary con10 structs a temporary road as part of a vegetation 

11 management project, the Secretary shall close and de12 commission the temporary road not later than the 

13 earlier of— 

14 ‘‘(A) the date that is 2 years after the date 

15 on which the activity for which the temporary 

16 road was constructed is completed; and 

17 ‘‘(B) the date that is 1 year after the date 

18 on which the vegetation management project is 

19 completed. 

20 ‘‘(3) NO NEW ROADS.—The Secretary shall pro21 hibit any new system or nonsystem road within the 

22 Conservation Emphasis Areas and key watersheds 

23 under the NWFP after the date of enactment of the 

24 Oregon and California Land Grant Act of 2014 ex25 cept as necessary, where no practicable alternative exVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 ists and subject to the availability of appropriations. 

2 The Secretary shall also prohibit the construction of 

3 any new road in any roadless area or areas with wil4 derness characteristics. 

5 ‘‘(4) ROADS IN RIPARIAN AREAS.—Requirements 

6 in section 4(b) apply to riparian reserves in the Con7 servation Emphasis Areas. 

8 ‘‘SEC. 11. LAND MANAGEMENT RATIONALIZATION. 

9 ‘‘(a) IN GENERAL.—The Secretary may exchange Fed10 eral land in the Moist Forestry Emphasis Area or the Dry 

11 Forestry Emphasis Area or the Conservation Emphasis 

12 Area or interests in the Federal land in the Emphasis Areas 

13 for adjacent non-Federal land or interests in the non-Fed14 eral land if— 

15 ‘‘(1) the Federal land does not contain critical 

16 habitat for a species listed under the Endangered Spe17 cies Act of 1973 (16 U.S.C. 1531 et seq.); 

18 ‘‘(2) the Federal land is not identified in the 

19 landscape prioritization plan developed under section 

20 6(a); 

21 ‘‘(3) the Secretary determines that the land ex22 change would facilitate the administration of the 

23 Moist Forestry Emphasis Area or Dry Forestry Em24 phasis Area or the Conservation Emphasis Area; and 


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1 ‘‘(4) the Secretary determines that the land ex2 change is in the public interest, including, but not 

3 limited to, the acknowledgment that the consolidation 

4 of Federal land and non-Federal land and the en5 hancement of conservation values are in the in public 

6 interest. 

7 ‘‘(b) BUREAU OF LAND MANAGEMENT LANDS TO THE

8 FOREST SERVICE.— 

9 ‘‘(1) IN GENERAL.—The approximately 25,000 

10 acres of lands, as generally depicted as ‘BLM to 

11 USFS’ on the map entitled ‘O & C Land Grant Act 

12 of 2014: Land Management Rationalization’ and 

13 dated November 3, 2014, are transferred to the ad14 ministration of the Forest Service in the Department 

15 of Agriculture from the administration of the Depart16 ment of the Interior Bureau of Land Management. 

17 ‘‘(2) MANAGEMENT.—The Secretary of Agri18 culture, through the Chief of the Forest Service, shall 

19 manage the lands described in paragraph (1): 

20 ‘‘(A) as other National Forest Systems 

21 lands and subject to the same statutes, regula22 tions and policies; 

23 ‘‘(B) as they have been generally managed 

24 under the Northwest Forest Plan and the appro25 priate Bureau of Land Management resource 


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1 management plan at least until revised in a 

2 land and resource management plan revision; 

3 and 

4 ‘‘(C) under any specific statutes that may 

5 apply to any of these lands. 

6 ‘‘(3) NATIONAL FOREST BOUNDARIES.—The Sec7 retary of Agriculture, through the Chief of the Forest 

8 Service, shall adjust the official boundaries of the rel9 evant national forests to accommodate the inclusion of 

10 the lands described in paragraph (1). 

11 ‘‘(c) FOREST SERVICE LANDS TO THE BUREAU OF

12 LAND MANAGEMENT.— 

13 ‘‘(1) LAND FOR MANAGEMENT RATIONALIZATION

14 BETWEEN BUREAU OF LAND MANAGEMENT AND FOR15 EST SERVICE.—Not later than 30 days after the date 

16 of enactment of the Oregon and California Land 

17 Grant Act of 2014, the Secretary of Agriculture shall 

18 identify for transfer to the Secretary of the Interior 

19 approximately 102,000 acres of U.S. Forest Service 

20 land, some of which is identified on the map entitled 

21 ‘O&C Land Grant Act of 2014: Land Management 

22 Rationalization’ and dated November 3, 2014, with 

23 the following criteria— 

24 ‘‘(A) adjacent to existing Bureau of Land 

25 Management covered land under this Act; 


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1 ‘‘(B) facilitates management by reducing 

2 fragmentation and creating more contiguous 

3 parcels of lands for both the U.S. Forest Service 

4 and Bureau of Land Management lands; and 

5 ‘‘(C) appropriate for designation into Moist 

6 or Dry Forestry Emphasis Areas as identified in 

7 this Act; and 

8 ‘‘(D) not within— 

9 ‘‘(i) inventoried roadless areas; 

10 ‘‘(ii) wilderness or other designated 

11 conservation areas; or 

12 ‘‘(iii) high-quality critical habitat. 

13 ‘‘(2) MANAGEMENT.—The Secretary shall man14 age the lands described in subparagraph (1) under 

15 this Act, including section 4(a)(1) without modifica16 tion under section 4(a)(2). 

17 ‘‘(3) LAND MANAGEMENT RATIONALIZATION

18 WITHIN THE BUREAU OF LAND MANAGEMENT.—Not 

19 later than 30 days after completion of actions re20 quired under paragraph (1), the Secretary of Agri21 culture and the Secretary of the Interior shall identify 

22 for transfer to the Secretary of the Interior not less 

23 than 206,000 acres of Forest Service land ecologically 

24 associated with the acres identified in paragraph (1) 


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1 and other covered lands, suitable for conservation pro2 tection. 

3 ‘‘(4) LAND ALLOCATION.— 

4 ‘‘(A) FOREST EMPHASIS AREAS.—The Sec5 retary shall allocate, as most appropriately con6 sistent with this Act, the lands described in 

7 paragraph (3) into— 

8 ‘‘(i) moist forestry emphasis area sub9 ject to the provisions of section 8; or 

10 ‘‘(ii) dry forestry emphasis area subject 

11 to the provisions of section 9. 

12 ‘‘(B) CONSERVATION EMPHASIS AREAS.— 

13 The Secretary shall designate the lands described 

14 in paragraph (3) as Conservation Emphasis 

15 Areas to be managed under section 10 and sec16 tion 4(a)(1) without modification under section 

17 4(a)(2) of this Act. 

18 ‘‘(5) REPORT TO CONGRESS.— 

19 ‘‘(A) IN GENERAL.—Within one year of the 

20 date of enactment of the Oregon and California 

21 Land Grant Act of 2014, the Secretary shall sub22 mit to the Committee on Energy and Natural 

23 Resources of the Senate and the Committee on 

24 Natural Resources of the House of Representa25 tives a report detailing how, after consideration 


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1 of public comment in subparagraph (B), the 

2 lands described in paragraph (1) were allocated 

3 pursuant to paragraph (3). 

4 ‘‘(B) PUBLIC COMMENT.—Before submitting 

5 the report as required in subparagraph (A), the 

6 Secretary shall make a draft available for public 

7 comment for no less than 60 days. 

8 ‘‘(d) ARMY CORPS OF ENGINEERS LANDS TO THE BU9 REAU OF LAND MANAGEMENT.— 

10 ‘‘(1) IN GENERAL.—The approximately 3,502 

11 acres of lands, as generally depicted as ‘USACE to 

12 BLM’ on the map entitled ‘O & C Land Grant Act 

13 of 2014: Land Management Rationalization’ and 

14 dated November 3, 2014, are transferred to the ad15 ministration of the Bureau of Land Management in 

16 the Department of the Interior from the administra17 tion of the United States Army Corps of Engineers. 

18 ‘‘(2) MANAGEMENT.— 

19 ‘‘(A) BUREAU OF LAND MANAGEMENT.—The 

20 Secretary shall— 

21 ‘‘(i) allocate as appropriate the trans22 ferred lands that are not within the Elk 

23 Creek Wild and Scenic River management 

24 corridor, to the Dry Areas Conservation 


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1 Network or the Moist Areas Conservation 

2 Network established in Sec. 10(a); and 

3 ‘‘(ii) manage the transferred lands con4 sistent with this Act. 

5 ‘‘(B) US ARMY CORPS OF ENGINEERS.—The 

6 Secretary of the Army, through the Corps of En7 gineers, will continue to have the obligation to 

8 maintain the safe condition of the Elk Creek 

9 Dam structure, rock piles and associated compo10 nents, in an area of approximately 147.1 acres 

11 of the transferred lands. 

12 ‘‘(e) LEGACY ROADS AND TRAILS PROGRAM.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall establish 

14 a program to be known as the ‘Legacy Roads and 

15 Trails’ program to provide— 

16 ‘‘(A) urgently needed road decommissioning, 

17 road and trail repair and maintenance and as18 sociated activities, and removal of fish passage 

19 barriers, especially in areas in which roads may 

20 be contributing to water quality problems in 

21 streams and water bodies that support threat22 ened, endangered, or sensitive species or commu23 nity water sources; 

24 ‘‘(B) urgently needed road repairs required 

25 due to recent storm events; or 


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1 ‘‘(C) the decommissioning of unauthorized 

2 roads that are not part of the transportation sys3 tem. 

4 ‘‘(2) PROJECT SELECTION.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall— 

6 ‘‘(i) consider public input in the selec7 tion of projects; and 

8 ‘‘(ii) publish the selection process of the 

9 Secretary on the website of the Bureau of 

10 Land Management. 

11 ‘‘(B) PRIORITIES.—In selecting projects 

12 under this subsection, the Secretary shall give 

13 priority to decommissioning and repairing roads 

14 and trails in— 

15 ‘‘(i) environmentally sensitive areas; 

16 and 

17 ‘‘(ii) areas in which roads may be con18 tributing to water quality problems in 

19 streams and water bodies that support 

20 threatened or endangered species, or species 

21 considered sensitive by the Secretary. 

22 ‘‘(3) REPORT TO CONGRESS.—Not later than 120 

23 days after the end of each fiscal year, the Secretary 

24 shall submit to Congress a report on the status of the 


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1 projects selected for completion in the previous 2 fiscal 

2 years. 

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this subsection $5,000,000 adjusted for inflation for 

6 each of fiscal years 2013 through 2023. 

7 ‘‘SEC. 12. DISTRIBUTION OF FUNDS. 

8 ‘‘(a) IN GENERAL.—Effective for fiscal year 2014 and 

9 each fiscal year thereafter, all receipts generated from ac10 tivities on covered land shall be collected, deposited in a 

11 separate fund in the Treasury designated the ‘Oregon and 

12 California Railroad Grant Lands Fund’, and distributed 

13 annually in accordance with this section and title II of the 

14 Oregon and California Land Grant Act (43 U.S.C. 1181f) 

15 and sections 1 through 4 of the Act of May 24, 1939 (43 

16 U.S.C. 1181f-1 through 1181f-4), as applicable. 

17 ‘‘(b) GENERAL FUND.—Subject to subsection (d)(4), as 

18 soon as practicable after the end of each fiscal year de19 scribed in subsection (a), $4,000,000 of all amounts received 

20 by the Secretary for the applicable fiscal year from the cov21 ered land shall be transferred to the general fund of the 

22 Treasury. 

23 ‘‘(c) ADMINISTRATIVE COSTS.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

25 and subsection (d)(4), all amounts received for the apVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 plicable fiscal year by the Secretary from the covered 

2 land shall be used to pay for the management of, ad3 ministrative expenses for, and capital improvement 

4 costs for the covered land, including the protection or 

5 restoration of fish and wildlife habitat on the covered 

6 land. 

7 ‘‘(2) LIMITATIONS.—The amount of revenue that 

8 is used to pay for expenses and costs for a fiscal year 

9 under paragraph (1) shall not exceed— 

10 ‘‘(A) 25 percent of all amounts received for 

11 the applicable fiscal year by the Secretary from 

12 the covered land during the fiscal year; or 

13 ‘‘(B) $20,000,000 in 2014 dollars indexed 

14 for inflation. 

15 ‘‘(d) PAYMENTS TO COUNTIES.— 

16 ‘‘(1) IN GENERAL.—All amounts received for the 

17 applicable fiscal year by the Secretary from the cov18 ered land during a fiscal year that is in excess of the 

19 amount necessary to carry out subsections (b) and (c) 

20 shall be provided to the counties that contain covered 

21 land (referred to in this subsection as a ‘covered coun22 ty’) in the form of annual payments. 

23 ‘‘(2) TIMING.—Payments shall be made available 

24 to covered counties under this subsection as soon as 

25 practicable following the end of each fiscal year. 


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1 ‘‘(3) OTHER COUNTY FUNDS.—Payments made 

2 to covered counties under this subsection shall be used 

3 as other county funds. 

4 ‘‘(4) MINIMUM AMOUNT.— 

5 ‘‘(A) IN GENERAL.—Subject to clauses (ii) 

6 and (iii), the annual payment paid to a covered 

7 county under this subsection, to the extent prac8 ticable, shall not be less than the payment that 

9 the covered county would have received solely 

10 under this Act (as in effect on the day before the 

11 date of enactment of the Oregon and California 

12 Land Grant Act of 2014) for fiscal year 2013 if 

13 the covered county had elected to receive payment 

14 under this Act and not under any other law. 

15 ‘‘(B) USE OF GENERAL FUND SHARE.—If 

16 the portion of revenues to be provided to a cov17 ered county for a fiscal year is less than the 

18 amount described in clause (i), the payment 

19 made to the Treasury for the fiscal year under 

20 subsection (b) shall be reduced by an amount 

21 necessary to provide the minimum payments re22 quired under clause (i) for the covered county.’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) NATIONAL LANDSCAPE CONSERVATION SYS25 TEM ADDITIONS.—Section 2002(b)(2) of the Omnibus 


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1 Public Land Management Act of 2009 (16 U.S.C. 

2 7202(b)(2)) is amended— 

3 (A) in subparagraph (D), by striking ‘‘and’’ 

4 after the semicolon; 

5 (B) by redesignating subparagraph (E) as 

6 subparagraph (F); and 

7 (C) by inserting after subparagraph (D) the 

8 following: 

9 ‘‘(E) public land designated as Oregon and 

10 California Land grant land in the State of Or11 egon, administered by the Bureau of Land Man12 agement as conservation emphasis areas; and’’. 

13 (2) SETTLEMENT OF CONTROVERTED LAND STA14 TUS.—The first section of the Act of June 24, 1954 

15 (68 Stat. 270, chapter 357; 43 U.S.C. 1181g) is 

16 amended in subsection (a)— 

17 (A) by striking ‘‘are hereby declared to be 

18 revested Oregon and California Railroad grant 

19 lands; and said lands’’; and 

20 (B) by striking ‘‘ : Provided, That’’ and all 

21 that follows through the end of the subsection and 

22 inserting a period. 

23 SEC. 102. DESIGNATION OF WILD AND SCENIC RIVERS. 

24 (a) DESIGNATION OF WILD AND SCENIC RIVER SEG25 MENTS.— 


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1 (1) IN GENERAL.—Section 3(a) of the Wild and 

2 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 

3 adding at the end the following: 

4 ‘‘(208) NESTUCCA RIVER, OREGON.—The ap5 proximately 15.5-mile segment from its confluence 

6 with Ginger Creek downstream until it crosses T. 4 

7 S., R. 7 W., sec. 7, Willamette Meridian, to be admin8 istered by the Secretary of the Interior as a rec9 reational river. 

10 ‘‘(209) WALKER CREEK, OREGON.—The approxi11 mately 2-mile segment from the headwaters in T. 3 

12 S., R. 6 W., sec. 20 downstream to the confluence with 

13 the Nestucca River in T. 3 S., R. 6 W., sec. 15, Wil14 lamette Meridian, to be administered by the Secretary 

15 of the Interior as a recreational river. 

16 ‘‘(210) NORTH FORK SILVER CREEK, OREGON.— 

17 The approximately 6-mile segment from the head18 waters in T. 35 S., R. 9 W., sec. 1 downstream to the 

19 edge of the Bureau of Land Management boundary in 

20 T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to 

21 be administered by the Secretary of the Interior as a 

22 recreational river. 

23 ‘‘(211) JENNY CREEK, OREGON.—The approxi24 mately 17.6-mile segment from the Bureau of Land 

25 Management boundary located at the north boundary 


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1 of the southwest quarter of the southeast quarter of T. 

2 38 S., R. 4 E., sec. 34, Willamette Meridian, down3 stream to the Oregon State border, to be administered 

4 by the Secretary of the Interior as a scenic river. 

5 ‘‘(212) SPRING CREEK, OREGON.—The approxi6 mately 1.1-mile segment from its source at Shoat 

7 Springs in T. 40 S., R. 4 E., sec. 34, Willamette Me8 ridian, downstream to the confluence with Jenny 

9 Creek in T. 41 S., R. 4 E., sec. 3, Willamette Merid10 ian, to be administered by the Secretary of the Inte11 rior as a scenic river. 

12 ‘‘(213) LOBSTER CREEK, OREGON.—The ap13 proximately 5-mile segment from T. 15 S., R. 8 W., 

14 sec. 35, Willamette Meridian, downstream to the edge 

15 of the Bureau of Land Management boundary in T. 

16 15 S., R. 8 W., sec. 15, Willamette Meridian, to be 

17 administered by the Secretary of the Interior as a rec18 reational river. 

19 ‘‘(214) ELK CREEK, OREGON.—The approxi20 mately 7.3-mile segment from its confluence with Flat 

21 Creek near river mile 9, to the southern edge of the 

22 Army Corps of Engineers boundary in T. 33 S., R. 

23 1 E., sec. 30, Willamette Meridian, near river mile 

24 1.7, to be administered by the Secretary of the Inte25 rior as a scenic river.’’. 


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1 (2) ADMINISTRATION.— 

2 (A) LATERAL BOUNDARIES.—Notwith3 standing section 3(b), the lateral boundaries of 

4 the scenic river area along Elk Creek shall in5 clude an average of not more than 640 acres per 

6 mile measured from the ordinary high water 

7 mark on both sides of the river. 

8 (B) DEAUTHORIZATION.—The Elk Creek 

9 Project, authorized by the Flood Control Act of 

10 1962 (Public Law 87–874, 21 September 1962) 

11 is deauthorized. 

12 (b) ELK RIVER SALMON EMPHASIS AREA, ELK RIVER, 

13 OREGON.—Section 3(a) of the Wild and Scenic Rivers Act 

14 (16 U.S.C. 1274(a)) is amended by striking paragraph (76) 

15 and inserting the following: 

16 ‘‘(76) ELK, OREGON.—The 63.1-mile segment to 

17 be administered by the Secretary of Agriculture in the 

18 following classes: 

19 ‘‘(A) MAINSTEM.—The 17-mile segment 

20 from the confluence of the North and South Forks 

21 of the Elk to Anvil Creek as a recreational river. 

22 ‘‘(B) NORTH FORK.— 

23 ‘‘(i) The approximately 0.6 mile seg24 ment of the North Fork Elk from its source 

25 in sec.21, T. 33 S., R. 12 W., Willamette 


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1 Meridian, downstream to 0.01 miles below 

2 Forest Service Road 3353, as a scenic river. 

3 ‘‘(ii) The approximately 5.5-mile seg4 ment of the North Fork Elk from 0.01 miles 

5 below Forest Service Road 3353 to its con6 fluence with the South Fork Elk, as a wild 

7 river. 

8 ‘‘(C) SOUTH FORK.— 

9 ‘‘(i) The approximately 0.9-mile seg10 ment of the South Fork Elk from its source 

11 in the southeast quarter of sec. 32, T. 33 S., 

12 R. 12 W., Willamette Meridian, downstream 

13 to 0.01 miles below Forest Service Road 

14 3353, as a scenic river. 

15 ‘‘(ii) The approximately 4.2-mile seg16 ment of the South Fork Elk from 0.01 miles 

17 below Forest Service Road 3353 to its con18 fluence with the North Fork Elk, as a wild 

19 river. 

20 ‘‘(D) OTHER TRIBUTARIES.— 

21 ‘‘(i) ROCK CREEK.—The approxi22 mately 1.7-mile segment of Rock Creek from 

23 its headwaters to its confluence with Elk 

24 River, as a wild river. 


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1 ‘‘(ii) BALD MOUNTAIN CREEK.—The 

2 approximately 8-mile segment of Bald 

3 Mountain Creek from its headwaters, in4 cluding Salal Spring to its confluence with 

5 Elk River, as a recreational river. 

6 ‘‘(iii) SOUTH FORK BALD MOUNTAIN

7 CREEK.—The approximately 3.5-mile seg8 ment of South Fork Bald Mountain Creek 

9 from its headwaters to its confluence with 

10 Bald Mountain Creek, as a scenic river. 

11 ‘‘(iv) PLATINUM CREEK.—The approxi12 mately 1-mile segment of Platinum Creek 

13 from— 

14 ‘‘(I) its headwaters to 0.01 miles 

15 above Forest Service Road 5325, as a 

16 wild river; and 

17 ‘‘(II) 0.01 miles above Forest 

18 Service Road 5325 to its confluence 

19 with Elk River, as a wild river. 

20 ‘‘(v) PANTHER CREEK.—The approxi21 mately 5.0-mile segment of Panther Creek 

22 from— 

23 ‘‘(I) its headwaters, including 

24 Mountain Well, to 0.01 miles above 


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1 Forest Service Road 5325, as a wild 

2 river; and 

3 ‘‘(II) 0.01 miles above Forest 

4 Service Road 5325 to its confluence 

5 with Elk River, as a scenic river. 

6 ‘‘(vi) EAST FORK PANTHER CREEK.— 

7 The approximately 3.0-mile segment of East 

8 Fork Panther Creek from it headwaters, to 

9 the confluence with Panther Creek, as a 

10 wild river. 

11 ‘‘(vii) WEST FORK PANTHER CREEK.— 

12 The approximately 3.0-mile segment of West 

13 Fork Panther Creek from its headwaters to 

14 the confluence with Panther Creek as a wild 

15 river. 

16 ‘‘(viii) LOST CREEK.—The approxi17 mately 1.0-mile segment of Lost Creek 

18 from— 

19 ‘‘(I) its headwaters to 0.01 miles 

20 above Forest Service Road 5325, as a 

21 wild river; and 

22 ‘‘(II) 0.01 miles above Forest 

23 Service Road 5325 to its confluence 

24 with the Elk River, as a scenic river. 


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1 ‘‘(ix) MILBURY CREEK.—The approxi2 mately 1.5-mile segment of Milbury Creek 

3 from— 

4 ‘‘(I) its headwaters to 0.01 miles 

5 above Forest Service Road 5325, as a 

6 wild river; and 

7 ‘‘(II) 0.01 miles above Forest 

8 Service Road 5325 to its confluence 

9 with the Elk River, as a scenic river. 

10 ‘‘(x) BLACKBERRY CREEK.—The ap11 proximately 5.0-mile segment of Blackberry 

12 Creek from— 

13 ‘‘(I) its headwaters to 0.01 miles 

14 above Forest Service Road 5325, as a 

15 wild river; and 

16 ‘‘(II) 0.01 miles above Forest 

17 Service Road 5325 to its confluence 

18 with the Elk River, as a scenic river. 

19 ‘‘(xi) MCCURDY CREEK.—The approxi20 mately 1.0-mile segment of McCurdy Creek 

21 from— 

22 ‘‘(I) its headwaters to 0.01 miles 

23 above Forest Service Road 5325, as a 

24 wild river; and 


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1 ‘‘(II) 0.01 miles above Forest 

2 Service Road 5325 to its confluence 

3 with the Elk River, as a scenic river. 

4 and 

5 ‘‘(xii) BEAR CREEK.—The approxi6 mately 1.5-mile segment of Bear Creek from 

7 headwaters to the confluence with Bald 

8 Mountain Creek, as a recreational river.’’. 

9 (c) WITHDRAWAL.—Subject to valid existing rights, 

10 the Federal land within the boundaries of the river segments 

11 designated by paragraphs (208) through (215) of section 

12 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 

13 is withdrawn from all forms of— 

14 (1) entry, appropriation, or disposal under the 

15 public land laws; 

16 (2) location, entry, and patent under the mining 

17 laws; and 

18 (3) disposition under all laws relating to min19 eral and geothermal leasing or mineral materials. 

20 TITLE II—TRIBAL LAND 

21 Subtitle A—Oregon Coastal Land 

22 Conveyance 

23 SEC. 201. DEFINITIONS. 

24 In this subtitle: 


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1 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means the approximately 14,804 acres of Federal 

3 land, as generally depicted on the map entitled ‘‘Or4 egon Coastal Land Conveyance’’, and dated March 

5 27, 2013. 

6 (2) PLANNING AREA.—The term ‘‘planning area’’ 

7 means land— 

8 (A) administered by the Director of the Bu9 reau of Land Management; and 

10 (B) located in— 

11 (i) the Coos Bay District; 

12 (ii) the Eugene District; 

13 (iii) the Medford District; 

14 (iv) the Roseburg District; 

15 (v) the Salem District; or 

16 (vi) the Klamath Falls Resource Area 

17 of the Lakeview District. 

18 (3) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 (4) TRIBE.—The term ‘‘Tribe’’ means the Con21 federated Tribes of Coos, Lower Umpqua, and 

22 Siuslaw Indians. 

23 SEC. 202. CONVEYANCE. 

24 (a) IN GENERAL.—Subject to valid existing rights, in25 cluding rights-of-way and reciprocal rights-of-way, all 


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1 right, title, and interest of the United States in and to the 

2 Federal land, including any improvements located on the 

3 Federal land, appurtenances to the Federal land, and min4 erals on or in the Federal land, including oil and gas, shall 

5 be— 

6 (1) held in trust by the United States for the 

7 benefit of the Tribe; and 

8 (2) part of the reservation of the Tribe. 

9 (b) SURVEY.—Not later than 180 days after the date 

10 of enactment of this Act, if the Secretary determines a sur11 vey to be necessary, the Secretary shall complete a survey 

12 of the boundary lines to establish the boundaries of the land 

13 taken into trust under subsection (a). 

14 SEC. 203. MAP AND LEGAL DESCRIPTION. 

15 (a) IN GENERAL.—As soon as practicable after the 

16 date of enactment of this Act, the Secretary shall file a map 

17 and legal description of the Federal land with— 

18 (1) the Committee on Energy and Natural Re19 sources of the Senate; and 

20 (2) the Committee on Natural Resources of the 

21 House of Representatives. 

22 (b) FORCE AND EFFECT.—The map and legal descrip23 tion filed under subsection (a) shall have the same force and 

24 effect as if included in this subtitle, except that the SecVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 retary may correct any clerical or typographical errors in 

2 the map or legal description. 

3 (c) PUBLIC AVAILABILITY.—The map and legal de4 scription filed under subsection (a) shall be on file and 

5 available for public inspection in the Office of the Secretary. 

6 SEC. 204. ADMINISTRATION. 

7 (a) IN GENERAL.—Unless expressly provided in this 

8 subtitle, nothing in this subtitle affects any right or claim 

9 of the Tribe existing on the date of enactment of this Act 

10 to any land or interest in land. 

11 (b) PROHIBITIONS.— 

12 (1) EXPORTS OF UNPROCESSED LOGS.—Federal 

13 law (including regulations) relating to the export of 

14 unprocessed logs harvested from Federal land shall 

15 apply to any unprocessed logs that are harvested from 

16 the Federal land. 

17 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

18 property taken into trust under section 202(a) shall 

19 not be eligible, or used, for any gaming activity car20 ried out under Public Law 100–497 (25 U.S.C. 2701 

21 et seq.). 

22 SEC. 205. FOREST MANAGEMENT. 

23 (a) APPLICABLE LAW.—Any commercial forestry ac24 tivity that is carried out on the Federal land shall be man25 aged in accordance with all applicable Federal laws, inVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 cluding the National Indian Forest Resources Management 

2 Act (25 U.S.C. 3101 et seq.). 

3 (b) AGREEMENTS.—The Tribe shall consult with the 

4 Secretary and other parties as necessary to develop agree5 ments to provide for access to the land taken into trust 

6 under section 202(a) that provide for— 

7 (1) honoring existing reciprocal right-of-way 

8 agreements; 

9 (2) administrative access by the Bureau of Land 

10 Management; and 

11 (3) management of the parcels of the land taken 

12 into trust under section 202(a) that are acquired or 

13 developed under the Land and Water Conservation 

14 Fund Act of 1965 (16 U.S.C. 460l–4 et seq.), con15 sistent with section 8(f)(3) of that Act (16 U.S.C. 

16 460l– 8(f)(3)). 

17 (c) LAND USE PLANNING REQUIREMENTS.—On con18 veyance of the Federal land to the Tribe under section 202, 

19 the Federal land shall not be subject to the land use plan20 ning requirements of the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of 

22 August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 

23 1181a et seq.). 


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1 Subtitle B—Canyon Mountain Land 

2 Conveyance 

3 SEC. 211. DEFINITIONS. 

4 In this subtitle: 

5 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

6 means the approximately 17,826 acres of Federal 

7 land, as generally depicted on the map entitled ‘‘Can8 yon Mountain Land Conveyance’’, and dated June 

9 27, 2013. 

10 (2) PLANNING AREA.—The term ‘‘planning area’’ 

11 means land— 

12 (A) administered by the Director of the Bu13 reau of Land Management; and 

14 (B) located in— 

15 (i) the Coos Bay District; 

16 (ii) the Eugene District; 

17 (iii) the Medford District; 

18 (iv) the Roseburg District; 

19 (v) the Salem District; or 

20 (vi) the Klamath Falls Resource Area 

21 of the Lakeview District. 

22 (3) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

24 (4) TRIBE.—The term ‘‘Tribe’’ means the Cow 

25 Creek Band of Umpqua Tribe of Indians. 


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1 SEC. 212. CONVEYANCE. 

2 (a) IN GENERAL.—Subject to valid existing rights, in3 cluding rights-of-way and reciprocal rights-of-way, all 

4 right, title, and interest of the United States in and to the 

5 Federal land, including any improvements located on the 

6 Federal land, appurtenances to the Federal land, and min7 erals on or in the Federal land, including oil and gas, shall 

8 be— 

9 (1) held in trust by the United States for the 

10 benefit of the Tribe; and 

11 (2) part of the reservation of the Tribe. 

12 (b) SURVEY.—Not later than 180 days after the date 

13 of enactment of this Act, the Secretary shall complete a sur14 vey of the boundary lines to establish the boundaries of the 

15 land taken into trust under subsection (a). 

16 SEC. 213. MAP AND LEGAL DESCRIPTION. 

17 (a) IN GENERAL.—As soon as practicable after the 

18 date of enactment of this Act, the Secretary shall file a map 

19 and legal description of the Federal land with— 

20 (1) the Committee on Energy and Natural Re21 sources of the Senate; and 

22 (2) the Committee on Natural Resources of the 

23 House of Representatives. 

24 (b) FORCE AND EFFECT.—The map and legal descrip25 tion filed under subsection (a) shall have the same force and 

26 effect as if included in this subtitle except that the Secretary 


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1 may correct any clerical or typographical errors in the map 

2 or legal description. 

3 (c) PUBLIC AVAILABILITY.—The map and legal de4 scription filed under subsection (a) shall be on file and 

5 available for public inspection in the Office of the Secretary. 

6 SEC. 214. ADMINISTRATION. 

7 (a) IN GENERAL.—Unless expressly provided in this 

8 subtitle, nothing in this subtitle affects any right or claim 

9 of the Tribe existing on the date of enactment of this Act 

10 to any land or interest in land. 

11 (b) PROHIBITIONS.— 

12 (1) EXPORTS OF UNPROCESSED LOGS.—Federal 

13 law (including regulations) relating to the export of 

14 unprocessed logs harvested from Federal land shall 

15 apply to any unprocessed logs that are harvested from 

16 the Federal land. 

17 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

18 property taken into trust under section 212 shall not 

19 be eligible, or used, for any gaming activity carried 

20 out under Public Law 100– 497 (25 U.S.C. 2701 et 

21 seq.). 

22 (c) EFFECT ON TIMBER SALE CONTRACTS.—Nothing 

23 in this subtitle affects any timber sale contracts awarded 

24 as of the date of enactment of this Act. 


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1 SEC. 215. FOREST MANAGEMENT. 

2 (a) APPLICABLE LAW.—Any commercial forestry ac3 tivity that is carried out on the Federal land shall be man4 aged in accordance with all applicable Federal laws, in5 cluding the National Indian Forest Resources Management 

6 Act (25 U.S.C. 3101 et seq.). 

7 (b) AGREEMENTS.—The Tribe shall consult with the 

8 Director of the Bureau of Land Management and other par9 ties as necessary to develop agreements to provide for access 

10 to the land taken into trust under section 212(a) that pro11 vide for— 

12 (1) honoring existing reciprocal right-of-way 

13 agreements; and 

14 (2) administrative access by the Bureau of Land 

15 Management. 

16 (c) LAND USE PLANNING REQUIREMENTS.—On con17 veyance of the Federal land to the Tribe under section 212, 

18 the Federal land shall not be subject to the land use plan19 ning requirements of the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of 

21 August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 

22 1181a et seq.). 


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1 Subtitle C—Amendments to 

2 Coquille Restoration Act 

3 SEC. 221. AMENDMENTS TO COQUILLE RESTORATION ACT. 

4 Section 5(d) of the Coquille Restoration Act (25 U.S.C. 

5 715c(d)) is amended— 

6 (1) by striking paragraph (5) and inserting the 

7 following: 

8 ‘‘(5) MANAGEMENT.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), the Secretary of the Interior, acting 

11 through the Assistant Secretary for Indian Af12 fairs, shall— 

13 ‘‘(i) manage the Coquille Forest in ac14 cordance with the laws pertaining to the 

15 management of Indian trust land; and 

16 ‘‘(ii) distribute revenues in accordance 

17 with the National Indian Forest Resources 

18 Management Act (25 U.S.C. 3101 et seq.). 

19 ‘‘(B) ADMINISTRATION.— 

20 ‘‘(i) UNPROCESSED LOGS.—Unproc21 essed logs harvested from the Coquille Forest 

22 shall be subject to the same Federal statu23 tory restrictions on export to foreign na24 tions that apply to unprocessed logs har25 vested from Federal land. 


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1 ‘‘(ii) SALES OF TIMBER.—Notwith2 standing any other provision of law, all 

3 sales of timber from land subject to this sub4 section shall be advertised, offered, and 

5 awarded according to competitive bidding 

6 practices, with sales being awarded to the 

7 highest responsible bidder.’’. 

8 (2) by striking paragraph (9); and 

9 (3) by redesignating paragraphs (10) through 

10 (12) as paragraphs (9) through (11), respectively. 

11 TITLE III—OREGON TREASURES 

12 Subtitle A—Wild Rogue Wilderness 

13 Area 

14 SEC. 301. WILD ROGUE WILDERNESS AREA. 

15 (a) DEFINITIONS.—In this section: 

16 (1) COMMISSION.—The term ‘‘Commission’’ 

17 means the Federal Energy Regulatory Commission. 

18 (2) MAP.—The term ‘‘Map’’ means the map enti19 tled ‘‘Wild Rogue Wilderness Additions’’ and dated 

20 June 12, 2013. 

21 (3) SECRETARY.—The term ‘‘Secretary’’ 

22 means— 

23 (A) the Secretary of the Interior, with re24 spect to public land administered by the Sec25 retary of the Interior; or 


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1 (B) the Secretary of Agriculture, with re2 spect to National Forest System land. 

3 (4) WILDERNESS ADDITIONS.—The term ‘‘Wil4 derness additions’’ means the land added to the Wild 

5 Rogue Wilderness under subsection (b)(1). 

6 (b) EXPANSION OF WILD ROGUE WILDERNESS

7 AREA.— 

8 (1) EXPANSION.—The approximately 56,100 

9 acres of Federal land in the State of Oregon generally 

10 depicted on the map as ‘‘BLM Proposed Wilderness’’ 

11 and ‘‘Proposed USFS Wilderness’’ shall be added to 

12 and administered as part of the Wild Rogue Wilder13 ness in accordance with Public Law 95–237 (16 

14 U.S.C. 1132 note; 92 Stat. 43 ), except that— 

15 (A) the Secretary of the Interior and the 

16 Secretary of Agriculture shall administer the 

17 Federal land under their respective jurisdiction; 

18 and 

19 (B) any reference in that Act to the Sec20 retary of Agriculture shall be considered to be a 

21 reference to the Secretary of Agriculture or the 

22 Secretary of the Interior, as applicable. 

23 (2) MAP; LEGAL DESCRIPTION.— 

24 (A) IN GENERAL.—As soon as practicable 

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1 retary shall prepare a map and legal description 

2 of the wilderness area designated by paragraph 

3 (1). 

4 (B) FORCE OF LAW.—The map and legal 

5 description filed under subparagraph (A) shall 

6 have the same force and effect as if included in 

7 this section, except that the Secretary may cor8 rect typographical errors in the map and legal 

9 description. 

10 (C) PUBLIC AVAILABILITY.—The map and 

11 legal description filed under subparagraph (A) 

12 shall be on file and available for public inspec13 tion in the appropriate offices of the Bureau of 

14 Land Management and Forest Service. 

15 (3) CORRECTION.—Section 3(b) of the Endan16 gered American Wilderness Act of 1978 (16 U.S.C. 

17 1132 note; Public Law 95–237; 92 Stat. 43) is 

18 amended by striking ‘‘3(a)(5)’’ and inserting 

19 ‘‘3(a)(5)(A)’’. 

20 (4) WITHDRAWAL.—Subject to valid existing 

21 rights, the Wilderness additions are withdrawn from 

22 all forms of— 

23 (A) entry, appropriation, or disposal under 

24 the public land laws; 


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1 (B) location, entry, and patent under the 

2 mining laws; and 

3 (C) disposition under all laws pertaining to 

4 mineral and geothermal leasing or mineral ma5 terials. 

6 (5) TRIBAL RIGHTS.—Nothing in this subsection 

7 alters, modifies, enlarges, diminishes, or abrogates the 

8 treaty rights of any Indian tribe. 

9 (c) POTENTIAL ADDITION TO WILDERNESS AREA.— 

10 (1) DESIGNATION.—Subject to paragraph (3) 

11 and in furtherance of the purposes of the Wilderness 

12 Act (16 U.S.C. 1131 et seq.), certain public land in 

13 the State of Oregon administered by the Secretary of 

14 the Interior, compromising approximately 600 acres, 

15 as generally depicted on the map as ‘‘Potential Wil16 derness’’, shall be added to and administered as part 

17 of the Wild Rogue Wilderness. 

18 (2) INTERIM MANAGEMENT.—Subject to valid ex19 isting rights, the Secretary shall manage the land de20 scribed in paragraph (1) to protect its suitability for 

21 designation as wilderness until the date on which the 

22 land is designated as wilderness in accordance with 

23 paragraph (3). 

24 (3) WILDERNESS DESIGNATION.— 


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1 (A) IN GENERAL.—The land described in 

2 paragraph (1) shall be designated as wilderness 

3 and added to and administered as part of the 

4 Wild Rogue Wilderness on the date on which the 

5 Secretary publishes in the Federal Register no6 tice that the conditions in the potential wilder7 ness area that are incompatible with the Wilder8 ness Act (16 U.S.C. 1131 et seq.) have been re9 moved. 

10 (B) ADMINISTRATION.—On designation as 

11 wilderness under paragraph (1), the land de12 scribed in that paragraph shall be administered 

13 in accordance with this Act, the Wilderness Act 

14 (16 U.S.C. 1131 et seq.), and Public Law 95–237 

15 (16 U.S.C. 1132 note; 92 Stat. 40). 

16 (4) WITHDRAWAL.—Subject to valid existing 

17 rights, the land described in paragraph (1) is with18 drawn from all forms of— 

19 (A) entry, appropriation, or disposal under 

20 the public land laws; 

21 (B) location, entry, and patent under the 

22 mining laws; and 

23 (C) disposition under all laws pertaining to 

24 mineral and geothermal leasing or mineral ma25 terials. 


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1 (d) WITHDRAWAL AREA PROTECTIONS.— 

2 (1) IN GENERAL.—The Secretary shall manage 

3 the Federal land described in paragraph (2) in a 

4 manner that preserves the natural and primitive 

5 character of the land for recreational, scenic, and sci6 entific use. 

7 (2) DESCRIPTION OF THE LAND.—The Federal 

8 land referred to in paragraph (1) is the approxi9 mately 4,000 acres generally depicted on the map as 

10 ‘‘Withdrawal Area’’. 

11 (3) MAPS AND LEGAL DESCRIPTIONS.— 

12 (A) IN GENERAL.—As soon as practicable 

13 after the date of enactment of this Act, the Sec14 retary shall prepare a map and legal description 

15 of the land described in paragraph (2). 

16 (B) FORCE OF LAW.—The map and legal 

17 description filed under subparagraph (A) shall 

18 have the same force and effect as if included in 

19 this section, except that the Secretary may cor20 rect typographical errors in the map and legal 

21 description. 

22 (C) PUBLIC AVAILABILITY.—The map and 

23 legal description filed under subparagraph (A) 

24 shall be on file and available for public inspecVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 tion in the appropriate offices of the Bureau of 

2 Land Management. 

3 (4) USE OF LAND.— 

4 (A) IN GENERAL.—Subject to valid existing 

5 rights, with respect to the Federal land described 

6 in paragraph (2), the Secretary shall only allow 

7 uses that are consistent with the purposes de8 scribed in paragraph (1). 

9 (B) PROHIBITED USES.—The following 

10 shall be prohibited on the Federal land described 

11 in paragraph (2): 

12 (i) Permanent roads. 

13 (ii) Commercial enterprises. 

14 (iii) Except as necessary to meet the 

15 minimum requirements for the administra16 tion of the Federal land and to protect pub17 lic health and safety— 

18 (I) the use of motor vehicles; or 

19 (II) the establishment of tem20 porary roads. 

21 (5) WITHDRAWAL.—Subject to valid existing 

22 rights, the Federal land described in paragraph (2) is 

23 withdrawn from— 

24 (A) all forms of entry, appropriation, or 

25 disposal under the public land laws; 


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1 (B) location, entry, and patent under the 

2 mining laws; and 

3 (C) disposition under all laws relating to 

4 mineral and geothermal leasing or mineral ma5 terials. 

6 (e) WILD AND SCENIC RIVER DESIGNATIONS, ROGUE

7 RIVER AREA.— 

8 (1) AMENDMENTS.—Section 3(a) of the Wild and 

9 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 

10 striking paragraph (5) and inserting the following: 

11 ‘‘(5) ROGUE, OREGON.— 

12 ‘‘(A) IN GENERAL.—The segment of the 

13 river extending from the mouth of the River 

14 downstream to the Lobster Creek Bridge, to be 

15 administered by the Secretary of the Interior or 

16 the Secretary of Agriculture, as agreed to by the 

17 Secretaries of the Interior and Agriculture or as 

18 directed by the President. 

19 ‘‘(B) ADDITIONS.—In addition to the seg20 ment described in subparagraph (A), there are 

21 designated the following segments in the Rogue 

22 River: 

23 ‘‘(i) KELSEY CREEK.—The approxi24 mately 6.8-mile segment of Kelsey Creek 

25 from the Wild Rogue Wilderness boundary 


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1 in T. 32 S., R. 9 W., sec. 25, Willamette 

2 Meridian, to the confluence with the Rogue 

3 River, as a wild river. 

4 ‘‘(ii) EAST FORK KELSEY CREEK.— 

5 ‘‘(I) SCENIC RIVER.—The ap6 proximately 0.2-mile segment of East 

7 Fork Kelsey Creek from headwaters 

8 downstream to the Wild Rogue Wilder9 ness boundary in T. 33 S., R. 8 W., 

10 sec. 5, Willamette Meridian, as a sce11 nic river. 

12 ‘‘(II) WILD RIVER.—The approxi13 mately 4.6-mile segment of East Fork 

14 Kelsey Creek from the Wild Rogue Wil15 derness boundary in T. 33 S., R. 8 W., 

16 sec. 5, Willamette Meridian, to the con17 fluence with Kelsey Creek, as a wild 

18 river. 

19 ‘‘(iii) WHISKY CREEK.— 

20 ‘‘(I) RECREATIONAL RIVER.—The 

21 approximately 0.6-mile segment of 

22 Whisky Creek from the confluence of 

23 the East Fork and West Fork to 0.1 

24 miles downstream from road 33-8-23, 

25 as a recreational river. 


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1 ‘‘(II) WILD RIVER.—The approxi2 mately 1.9-mile segment of Whisky 

3 Creek from 0.1 miles downstream from 

4 road 33-8-23 to the confluence with the 

5 Rogue River, as a wild river. 

6 ‘‘(iv) EAST FORK WHISKY CREEK.— 

7 ‘‘(I) SCENIC RIVER.—The ap8 proximately 0.9-mile segment of East 

9 Fork Whisky Creek from its headwaters 

10 to Wild Rogue Wilderness boundary in 

11 T. 33 S., R. 8 W., sec. 11, Willamette 

12 Meridian., as a scenic river. 

13 ‘‘(II) WILD RIVER.—The approxi14 mately 2.6-mile segment of East Fork 

15 Whisky Creek from the Wild Rogue 

16 Wilderness boundary in T. 33 S., R. 8 

17 W., sec. 11, Willamette Meridian., to 

18 0.1 miles downstream of road 33-8-26 

19 crossing, as a wild river. 

20 ‘‘(III) RECREATIONAL RIVER.— 

21 The approximately 0.3-mile segment of 

22 East Fork Whisky Creek from 0.1 miles 

23 downstream of road 33-8-26 to the con24 fluence with Whisky Creek, as a rec25 reational river. 


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1 ‘‘(v) WEST FORK WHISKY CREEK.—The 

2 approximately 4.8-mile segment of West 

3 Fork Whisky Creek from its headwaters to 

4 the confluence with the East Fork Whisky 

5 Creek, as a wild river. 

6 ‘‘(vi) BIG WINDY CREEK.— 

7 ‘‘(I) SCENIC RIVER.—The ap8 proximately 1.5-mile segment of Big 

9 Windy Creek from its headwaters to 

10 0.1 miles downstream from road 34-9- 

11 17.1, as a scenic river. 

12 ‘‘(II) WILD RIVER.—The approxi13 mately 5.8-mile segment of Big Windy 

14 Creek from 0.1 miles downstream from 

15 road 34-9-17.1 to the confluence with 

16 the Rogue River, as a wild river. 

17 ‘‘(vii) EAST FORK BIG WINDY

18 CREEK.— 

19 ‘‘(I) SCENIC RIVER.—The ap20 proximately 0.2-mile segment of East 

21 Fork Big Windy Creek from its head22 waters to 0.1 miles downstream from 

23 road 34-8-36, as a scenic river. 

24 ‘‘(II) WILD RIVER.—The approxi25 mately 3.7-mile segment of East Fork 


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1 Big Windy Creek from 0.1 miles down2 stream from road 34-8-36 to the con3 fluence with Big Windy Creek, as a 

4 wild river. 

5 ‘‘(viii) LITTLE WINDY CREEK.— 

6 ‘‘(I) SCENIC RIVER.—The ap7 proximately 1.2-mile segment of Little 

8 Windy Creek from its headwaters to 

9 the Wild Rogue Wilderness boundary 

10 in T. 33 S., R. 9 W., sec. 34, Willam11 ette Meridian, as a scenic river. 

12 ‘‘(II) WILD RIVER.—The approxi13 mately 1.9-mile segment of Little 

14 Windy Creek from the Wild Rogue Wil15 derness boundary in T. 33 S., R. 9 W., 

16 sec. 34, Willamette Meridian to the 

17 confluence with the Rogue River, as a 

18 wild river. 

19 ‘‘(ix) HOWARD CREEK.— 

20 ‘‘(I) SCENIC RIVER.—The ap21 proximately 0.3-mile segment of How22 ard Creek from its headwaters to 0.1 

23 miles downstream of road 34-9-34, as a 

24 scenic river. 


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1 ‘‘(II) WILD RIVER.—The approxi2 mately 6.9-mile segment of Howard 

3 Creek from 0.1 miles downstream of 

4 road 34-9-34 to the confluence with the 

5 Rogue River, as a wild river. 

6 ‘‘(x) MULE CREEK.— 

7 ‘‘(I) SCENIC RIVER.—The ap8 proximately 3.5-mile segment of Mule 

9 Creek from its headwaters downstream 

10 to the Wild Rogue Wilderness bound11 ary as a scenic river. 

12 ‘‘(II) WILD RIVER.—The approxi13 mately 7.8-mile segment of Mule Creek 

14 from the Wild Rogue Wilderness 

15 boundary in T. 32 S., R. 9 W., sec. 29, 

16 Willamette Meridian, to the confluence 

17 with the Rogue River, as a wild river. 

18 ‘‘(xi) ANNA CREEK.—The approxi19 mately 3.5-mile segment of Anna Creek 

20 from its headwaters to the confluence with 

21 Howard Creek, as a wild river. 

22 ‘‘(xii) MISSOURI CREEK.— 

23 ‘‘(I) SCENIC RIVER.—The ap24 proximately 3.1-mile segment of Mule 

25 Creek from its headwaters downstream 


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1 to the Wild Rogue Wilderness bound2 ary in T. 33 S., R. 10 W., sec. 24, Wil3 lamette Meridian, as a scenic river. 

4 ‘‘(II) WILD RIVER.—The approxi5 mately 1.6-mile segment of Missouri 

6 Creek from the Wild Rogue Wilderness 

7 boundary in T. 33 S., R. 10 W., sec. 

8 24, Willamette Meridian, to the con9 fluence with the Rogue River, as a wild 

10 river. 

11 ‘‘(xiii) JENNY CREEK.— 

12 ‘‘(I) SCENIC RIVER.—The ap13 proximately 3.1-mile segment of Jenny 

14 Creek from its headwaters downstream 

15 to the Wild Rogue Wilderness bound16 ary in T. 33 S., R. 9 W., sec. 28, Wil17 lamette Meridian, as a scenic river. 

18 ‘‘(II) WILD RIVER.—The approxi19 mately 1.8-mile segment of Jenny 

20 Creek from the Wild Rogue Wilderness 

21 boundary in T. 33 S., R. 9 W., sec. 28, 

22 Willamette Meridian, to the confluence 

23 with the Rogue River, as a wild river. 

24 ‘‘(xiv) RUM CREEK.— 


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1 ‘‘(I) SCENIC RIVER.—The ap2 proximately 2.2-mile segment of Rum 

3 Creek from its headwaters to the Wild 

4 Rogue Wilderness boundary in T. 34 

5 S., R. 8 W., sec. 9., Willamette Merid6 ian, as a scenic river. 

7 ‘‘(II) WILD RIVER.—The approxi8 mately 2.2-mile segment of Rum Creek 

9 from the Wild Rogue Wilderness 

10 boundary in T. 34 S., R. 8 W., sec. 9, 

11 Willamette Meridian, to the confluence 

12 with the Rogue River, as a wild river. 

13 ‘‘(xv) EAST FORK RUM CREEK.— 

14 ‘‘(I) SCENIC RIVER.—The ap15 proximately 0.8-mile segment of East 

16 Fork Rum Creek from its headwaters 

17 to the Wild Rogue Wilderness bound18 ary in T. 34 S., R. 8 W., sec. 10., Wil19 lamette Meridian, as a scenic river. 

20 ‘‘(II) WILD RIVER.—The approxi21 mately 1.3-mile segment of East Fork 

22 Rum Creek from the Wild Rogue Wil23 derness boundary in T. 34 S., R. 8 W., 

24 sec. 10, Willamette Meridian, to the 


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1 confluence with Rum Creek, as a wild 

2 river. 

3 ‘‘(xvi) WILDCAT CREEK.—The approxi4 mately 1.7-mile segment of Wildcat Creek 

5 from its headwaters downstream to the con6 fluence with the Rogue River, as a wild 

7 river. 

8 ‘‘(xvii) MONTGOMERY CREEK.—The 

9 approximately 1.8-mile segment of Mont10 gomery Creek from its headwaters down11 stream to the confluence with the Rogue 

12 River, as a wild river. 

13 ‘‘(xviii) HEWITT CREEK.— 

14 ‘‘(I) SCENIC RIVER.—The ap15 proximately 1.4-mile segment of Hew16 itt Creek from its headwaters to the 

17 Wild Rogue Wilderness boundary in T. 

18 33 S., R. 9 W., sec. 19.,Willamette Me19 ridian, as a scenic river. 

20 ‘‘(II) WILD RIVER.—The approxi21 mately 1.2-mile segment of Hewitt 

22 Creek from the Wild Rogue Wilderness 

23 boundary in T. 33 S., R. 9 W., sec. 19, 

24 Willamette Meridian, to the confluence 

25 with the Rogue River, as a wild river. 


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1 ‘‘(xix) BUNKER CREEK.—The approxi2 mately 6.6-mile segment of Bunker Creek 

3 from its headwaters to the confluence with 

4 the Rogue River, as a wild river. 

5 ‘‘(xx) DULOG CREEK.— 

6 ‘‘(I) SCENIC RIVER.—The ap7 proximately 0.8-mile segment of Dulog 

8 Creek from its headwaters to 0.1 miles 

9 downstream of road 34-8-36, as a sce10 nic river. 

11 ‘‘(II) WILD RIVER.—The approxi12 mately 1.0-mile segment of Dulog 

13 Creek from 0.1 miles downstream of 

14 road 34-8-36 to the confluence with the 

15 Rogue River, as a wild river. 

16 ‘‘(xxi) QUAIL CREEK.—The approxi17 mately 1.7-mile segment of Quail Creek 

18 from the Wild Rogue Wilderness boundary 

19 in T. 33 S., R. 10 W., sec. 1, Willamette 

20 Meridian, to the confluence with the Rogue 

21 River, as a wild river. 

22 ‘‘(xxii) MEADOW CREEK.—The ap23 proximately 4.1-mile segment of Meadow 

24 Creek from its headwaters to the confluence 

25 with the Rogue River, as a wild river. 


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1 ‘‘(xxiii) RUSSIAN CREEK.— 

2 ‘‘(I) SCENIC RIVER.—The ap3 proximately 0.1-mile segment of Rus4 sian Creek from its headwaters to the 

5 Wild Rogue Wilderness boundary in T. 

6 33 S., R. 8 W., sec. 20., Willamette Me7 ridian, as a scenic river. 

8 ‘‘(II) WILD RIVER.—The approxi9 mately 2.5-mile segment of Russian 

10 Creek from the Wild Rogue Wilderness 

11 boundary in T. 33 S., R. 8 W., sec. 20, 

12 Willamette Meridian, to the confluence 

13 with the Rogue River, as a wild river. 

14 ‘‘(xxiv) ALDER CREEK.—The approxi15 mately 1.2-mile segment of Alder Creek 

16 from its headwaters to the confluence with 

17 the Rogue River, as a wild river. 

18 ‘‘(xxv) BOOZE CREEK.—The approxi19 mately 1.5-mile segment of Booze Creek 

20 from its headwaters to the confluence with 

21 the Rogue River, as a wild river. 

22 ‘‘(xxvi) BRONCO CREEK.—The approxi23 mately 1.8-mile segment of Bronco Creek 

24 from its headwaters to the confluence with 

25 the Rogue River, as a wild river. 


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1 ‘‘(xxvii) COPSEY CREEK.—The ap2 proximately 1.5-mile segment of Copsey 

3 Creek from its headwaters to the confluence 

4 with the Rogue River, as a wild river. 

5 ‘‘(xxviii) CORRAL CREEK.—The ap6 proximately 0.5-mile segment of Corral 

7 Creek from its headwaters to the confluence 

8 with the Rogue River, as a wild river. 

9 ‘‘(xxix) COWLEY CREEK.—The ap10 proximately 0.9-mile segment of Cowley 

11 Creek from its headwaters to the confluence 

12 with the Rogue River, as a wild river. 

13 ‘‘(xxx) DITCH CREEK.—The approxi14 mately 1.8-mile segment of Ditch Creek 

15 from the Wild Rogue Wilderness boundary 

16 in T. 33 S., R. 9 W., sec. 5, Willamette Me17 ridian, to its confluence with the Rogue 

18 River, as a wild river. 

19 ‘‘(xxxi) FRANCIS CREEK.—The ap20 proximately 0.9-mile segment of Francis 

21 Creek from its headwaters to the confluence 

22 with the Rogue River, as a wild river. 

23 ‘‘(xxxii) LONG GULCH.— 

24 ‘‘(I) SCENIC RIVER.—The ap25 proximately 1.4-mile segment of Long 


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1 Gulch from its headwaters to the Wild 

2 Rogue Wilderness boundary in T. 33 

3 S., R. 10 W., sec. 23, Willamette Me4 ridian, as a scenic river. 

5 ‘‘(II) WILD RIVER.—The approxi6 mately 1.1-mile segment of Long Gulch 

7 from the Wild Rogue Wilderness 

8 boundary in T. 33 S., R. 10 W., sec. 

9 23, Willamette Meridian, to the con10 fluence with the Rogue River, as a wild 

11 river. 

12 ‘‘(xxxiii) BAILEY CREEK.— 

13 ‘‘(I) SCENIC RIVER.—The ap14 proximately 1.4-mile segment of Bailey 

15 Creek from its headwaters to the Wild 

16 Rogue Wilderness boundary on the 

17 west section line of T. 34 S., R. 8 W., 

18 sec. 14, Willamette Meridian, as a sce19 nic river. 

20 ‘‘(II) WILD RIVER.—The approxi21 mately 1.7-mile segment of Bailey 

22 Creek from the west section line of T. 

23 34 S., R.8 W., sec.14, Willamette Me24 ridian, to the confluence of the Rogue 

25 River, as a wild river. 


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1 ‘‘(xxxiv) SHADY CREEK.—The approxi2 mately 0.7-mile segment of Shady Creek 

3 from its headwaters to the confluence with 

4 the Rogue River, as a wild river. 

5 ‘‘(xxxv) SLIDE CREEK.— 

6 ‘‘(I) SCENIC RIVER.—The ap7 proximately 0.5-mile segment of Slide 

8 Creek from its headwaters to 0.1 miles 

9 downstream from road 33-9-6, as a 

10 scenic river. 

11 ‘‘(II) WILD RIVER.—The approxi12 mately 0.7-mile section of Slide Creek 

13 from 0.1 miles downstream of road 33- 

14 9-6 to the confluence with the Rogue 

15 River, as a wild river. 

16 ‘‘(xxxvi) QUARTZ CREEK.—The ap17 proximately 3.3-mile segment of Quartz 

18 Creek from its headwaters to its confluence 

19 with the North Fork Galice Creek., as a sce20 nic river. 

21 ‘‘(xxxvii) NORTH FORK GALICE

22 CREEK.—The approximately 5.7-mile seg23 ment of the North Fork Galice Creek from 

24 its headwaters to its confluence with Galice 

25 Creek, as a recreational river.’’. 


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1 (2) MANAGEMENT.—Each river segment des2 ignated by subparagraph (B) of section 3(a)(5) of the 

3 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) 

4 (as added by paragraph (1)) shall be managed as 

5 part of the Rogue Wild and Scenic River. 

6 (3) WITHDRAWAL.—Subject to valid existing 

7 rights, the Federal land within the boundaries of the 

8 river segments designated under subparagraph (B) of 

9 section 3(a)(5) of the Wild and Scenic Rivers Act (16 

10 U.S.C. 1274(a)(5)) (as added by paragraph (1)) is 

11 withdrawn from all forms of— 

12 (A) entry, appropriation, or disposal under 

13 the public land laws; 

14 (B) location, entry, and patent under the 

15 mining laws; and 

16 (C) disposition under all laws pertaining to 

17 mineral and geothermal leasing or mineral ma18 terials. 

19 (f) ADDITIONAL PROTECTIONS FOR ROGUE RIVER

20 TRIBUTARIES.— 

21 (1) LICENSING BY COMMISSION.—The Commis22 sion shall not license the construction of any dam, 

23 water conduit, reservoir, powerhouse, transmission 

24 line, or other project works on or directly affecting 

25 any stream described in paragraph (4). 


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1 (2) OTHER AGENCIES.— 

2 (A) IN GENERAL.—No department or agen3 cy of the United States shall assist by loan, 

4 grant, license, or otherwise in the construction of 

5 any water resources project on or directly affect6 ing any stream segment that is described in 

7 paragraph (4), except to maintain or repair 

8 water resources projects in existence on the date 

9 of enactment of this Act. 

10 (B) EFFECT.—Nothing in this paragraph 

11 prohibits any department or agency of the 

12 United States in assisting by loan, grant, li13 cense, or otherwise, a water resources project— 

14 (i) the primary purpose of which is ec15 ological or aquatic restoration; and 

16 (ii) that provides a net benefit to water 

17 quality and aquatic resources. 

18 (3) WITHDRAWAL.—Subject to valid existing 

rights, the Federal land located within 1 19 ⁄4 mile on ei20 ther side of the stream segments described in para21 graph (4), is withdrawn from all forms of— 

22 (A) entry, appropriation, or disposal under 

23 the public land laws; 

24 (B) location, entry, and patent under the 

25 mining laws; and 


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1 (C) disposition under all laws pertaining to 

2 mineral and geothermal leasing or mineral ma3 terials. 

4 (4) DESCRIPTION OF STREAM SEGMENTS.—The 

5 following are the stream segments referred to in para6 graph (1): 

7 (A) KELSEY CREEK.—The approximately 

8 2.5-mile segment of Kelsey Creek from its head9 waters to Wild Rogue Wilderness boundary in T. 

10 32 S., R. 9 W., sec. 25. 

11 (B) GRAVE CREEK.—The approximately 

12 10.2-mile segment of Grave Creek from the con13 fluence of Wolf Creek downstream to the con14 fluence with the Rogue River. 

15 (C) CENTENNIAL GULCH.—The approxi16 mately 2.2-mile segment of Centennial Gulch 

17 from its headwaters to its confluence with the 

18 Rogue River. 

19 (D) QUAIL CREEK.—The approximately 

20 0.8-mile segment of Quail Creek from its head21 waters to the Wild Rogue Wilderness boundary 

22 in T. 33 S., R. 10 W., sec. 1., Willamette Merid23 ian. 

24 (E) DITCH CREEK.—The approximately 

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1 waters to the Wild Rogue Wilderness boundary 

2 in T. 33 S., R. 9 W., sec. 5.,Willamette Merid3 ian. 

4 (F) GALICE CREEK.—The approximately 

5 2.2-mile segment of Galice Creek from the con6 fluence with the South Forest Galice Creek down7 stream to the confluence with the Rogue River. 

8 Subtitle B—Devil’s Staircase 

9 Wilderness 

10 SEC. 311. DEFINITIONS. 

11 In this subtitle: 

12 (1) MAP.—The term ‘‘map’’ means the map enti13 tled ‘‘Devil’s Staircase Wilderness Proposal’’ and 

14 dated June 15, 2010. 

15 (2) SECRETARY.—The term ‘‘Secretary’’ 

16 means— 

17 (A) with respect to land under the jurisdic18 tion of the Secretary of Agriculture, the Sec19 retary of Agriculture; and 

20 (B) with respect to land under the jurisdic21 tion of the Secretary of the Interior, the Sec22 retary of the Interior. 

23 (3) STATE.—The term ‘‘State’’ means the State 

24 of Oregon. 


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1 (4) WILDERNESS.—The term ‘‘Wilderness’’ 

2 means the Devil’s Staircase Wilderness designated by 

3 section 312(a). 

4 SEC. 312. DEVIL’S STAIRCASE WILDERNESS, OREGON. 

5 (a) DESIGNATION.—In accordance with the Wilderness 

6 Act (16 U.S.C. 1131 et seq.), the approximately 30,540 

7 acres of Forest Service land and Bureau of Land Manage8 ment land in the State, as generally depicted on the map, 

9 is designated as wilderness and as a component of the Na10 tional Wilderness Preservation System, to be known as the 

11 ‘‘Devil’s Staircase Wilderness 

12 (b) MAP; LEGAL DESCRIPTION.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 the date of enactment of this Act, the Secretary shall 

15 prepare a map and legal description of the Wilder16 ness. 

17 (2) FORCE OF LAW.—The map and legal descrip18 tion prepared under paragraph (1) shall have the 

19 same force and effect as if included in this Act, except 

20 that the Secretary may correct clerical and typo21 graphical errors in the map and legal description. 

22 (3) AVAILABILITY.—The map and legal descrip23 tion prepared under paragraph (1) shall be on file 

24 and available for public inspection in the appropriate 


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1 offices of the Forest Service and Bureau of Land 

2 Management. 

3 (c) ADMINISTRATION.—Subject to valid existing rights, 

4 the area designated as wilderness by this section shall be 

5 administered by the Secretary in accordance with the Wil6 derness Act (16 U.S.C. 1131 et seq.), except that— 

7 (1) any reference in that Act to the effective date 

8 shall be considered to be a reference to the date of en9 actment of this Act; and 

10 (2) any reference in that Act to the Secretary of 

11 Agriculture shall be considered to be a reference to the 

12 Secretary that has jurisdiction over the land within 

13 the Wilderness. 

14 (d) FISH AND WILDLIFE.—Nothing in this section af15 fects the jurisdiction or responsibilities of the State with 

16 respect to fish and wildlife in the State. 

17 (e) ADJACENT MANAGEMENT.— 

18 (1) IN GENERAL.—Nothing in this section creates 

19 any protective perimeter or buffer zone around the 

20 Wilderness. 

21 (2) ACTIVITIES OUTSIDE WILDERNESS.—The fact 

22 that a nonwilderness activity or use on land outside 

23 the Wilderness can be seen or heard within the Wil24 derness shall not preclude the activity or use outside 

25 the boundary of the Wilderness. 


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1 (f) PROTECTION OF TRIBAL RIGHTS.—Nothing in this 

2 section diminishes any treaty rights of an Indian tribe. 

3 (g) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

4 (1) IN GENERAL.—Administrative jurisdiction 

5 over the approximately 49 acres of Bureau of Land 

6 Management land north of the Umpqua River in sec. 

7 32, T. 21 S., R. 11 W, is transferred from the Bureau 

8 of Land Management to the Forest Service. 

9 (2) ADMINISTRATION.—The Secretary shall ad10 minister the land transferred by paragraph (1) in ac11 cordance with— 

12 (A) the Act of March 1, 1911 (commonly 

13 known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

14 seq.); and 

15 (B) any laws (including regulations) appli16 cable to the National Forest System. 

17 SEC. 313. WILD AND SCENIC RIVER DESIGNATIONS, WASSON 

18 CREEK AND FRANKLIN CREEK, OREGON. 

19 Section 3(a) of the Wild and Scenic Rivers Act (16 

20 U.S.C. 1274(a)) (as amended by section 102(a)) is amended 

21 by adding at the end the following: 

22 ‘‘(215) FRANKLIN CREEK, OREGON.—The 4.5- 

23 mile segment from its headwaters to the line of angle 

24 points within sec. 8, T. 22 S., R. 10 W., shown on 

25 the survey recorded in the Official Records of Douglas 


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1 County, Oregon, as M64–62, to be administered by 

2 the Secretary of Agriculture as a wild river. 

3 ‘‘(216) WASSON CREEK, OREGON.—The 10.1-mile 

4 segment in the following classes: 

5 ‘‘(A) The 4.2-mile segment from the eastern 

6 boundary of sec. 17, T. 21 S., R. 9 W., down7 stream to the western boundary of sec. 12, T. 21 

8 S., R. 10 W., to be administered by the Secretary 

9 of the Interior as a wild river. 

10 ‘‘(B) The 5.9-mile segment from the western 

11 boundary of sec. 12, T. 21 S., R. 10 W., down12 stream to the eastern boundary of the northwest 

13 quarter of sec. 22, T. 21 S., R. 10 W., to be ad14 ministered by the Secretary of Agriculture as a 

15 wild river.’’. 

16 Subtitle C—Additional Wild and 

17 Scenic River Designations and 

18 Technical Corrections 

19 SEC. 321. DESIGNATION OF WILD AND SCENIC RIVER SEG20 MENTS, MOLALLA RIVER, OREGON. 

21 (a) IN GENERAL.—Section 3(a) of the Wild and Scenic 

22 Rivers Act (16 U.S.C. 1274(a)) (as amended by section 313) 

23 is amended by adding at the end the following: 

24 ‘‘(217) MOLALLA RIVER, OREGON.— 


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1 ‘‘(A) IN GENERAL.—The following segments 

2 in the State of Oregon, to be administered by the 

3 Secretary of the Interior as a recreational river: 

4 ‘‘(i) MOLALLA RIVER.—The approxi5 mately 15.1-mile segment from the southern 

6 boundary line of T. 7 S., R. 4 E., sec. 19, 

7 downstream to the edge of the Bureau of 

8 Land Management boundary in T. 6 S., R. 

9 3 E., sec. 7. 

10 ‘‘(ii) TABLE ROCK FORK MOLALLA

11 RIVER.—The approximately 6.2-mile seg12 ment from the easternmost Bureau of Land 

Management boundary line in the NE 1 13 ⁄4

14 sec. 4, T. 7 S., R. 4 E., downstream to the 

15 confluence with the Molalla River. 

16 ‘‘(B) WITHDRAWAL.—Subject to valid exist17 ing rights, the Federal land within the bound18 aries of the river segments designated by sub19 paragraph (A) is withdrawn from all forms of— 

20 ‘‘(i) entry, appropriation, or disposal 

21 under the public land laws; 

22 ‘‘(ii) location, entry, and patent under 

23 the mining laws; and 


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1 ‘‘(iii) disposition under all laws relat2 ing to mineral and geothermal leasing or 

3 mineral materials.’’. 

4 (b) TECHNICAL CORRECTIONS.—Section 3(a)(102) of 

5 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) 

6 is amended— 

7 (1) in the paragraph heading, by striking 

8 ‘‘SQUAW CREEK’’ and inserting ‘‘WHYCHUS CREEK’’; 

9 (2) in the matter preceding subparagraph (A), 

10 by striking ‘‘McAllister Ditch, including the Soap 

11 Fork Squaw Creek, the North Fork, the South Fork, 

12 the East and West Forks of Park Creek, and Park 

13 Creek Fork’’ and inserting ‘‘Plainview Ditch, includ14 ing the Soap Creek, the North and South Forks of 

15 Whychus Creek, the East and West Forks of Park 

16 Creek, and Park Creek’’; and 

17 (3) in subparagraph (B), by striking ‘‘McAllister 

18 Ditch’’ and inserting ‘‘Plainview Ditch’’. 

19 SEC. 322. TECHNICAL CORRECTIONS TO THE WILD AND 

20 SCENIC RIVERS ACT. 

21 Section 3(a)(69) of the Wild and Scenic Rivers Act 

22 (16 U.S.C. 1274(a)(69)) is amended— 

23 (1) by redesignating subparagraphs (A), (B), 

24 and (C) as clauses (i), (ii), and (iii), respectively, 

25 and indenting appropriately; 


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1 (2) in the matter preceding clause (i) (as so re2 designated), by striking ‘‘The 44.5–mile’’ and insert3 ing the following: 

4 ‘‘(A) DESIGNATIONS.—The 44.5–mile’’; 

5 (3) in clause (i) (as so redesignated)— 

6 (A) by striking ‘‘25.5–mile’’ and inserting 

7 ‘‘27.5–mile’’; and 

8 (B) by striking ‘‘Boulder Creek at the 

9 Kalmiopsis Wilderness boundary’’ and inserting 

10 ‘‘Mislatnah Creek’’; 

11 (4) in clause (ii) (as so redesignated)— 

12 (A) by striking ‘‘8–mile’’ and inserting 

13 ‘‘7.5–mile’’; and 

14 (B) by striking ‘‘Boulder Creek to Steel 

15 Bridge’’ and inserting ‘‘Mislatnah Creek to 

16 Eagle Creek’’; 

17 (5) in clause (iii) (as so redesignated)— 

18 (A) by striking ‘‘11–mile’’ and inserting 

19 ‘‘9.5–mile’’; and 

20 (B) by striking ‘‘Steel Bridge’’ and insert21 ing ‘‘Eagle Creek’’; and 

22 (6) by adding at the end the following: 

23 ‘‘(B) WITHDRAWAL.—Subject to valid 

24 rights, the Federal land within the boundaries of 


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1 the river segments designated by subparagraph 

2 (A), is withdrawn from all forms of— 

3 ‘‘(i) entry, appropriation, or disposal 

4 under the public land laws; 

5 ‘‘(ii) location, entry, and patent under 

6 the mining laws; and 

7 ‘‘(iii) disposition under all laws per8 taining to mineral and geothermal leasing 

9 or mineral materials.’’. 

10 Subtitle D—Frank Moore Wild 

11 Steelhead Sanctuary 

12 SEC. 331. DEFINITIONS. 

13 In this subtitle: 

14 (1) MAP.—The term ‘‘Map’’ means the map enti15 tled ‘‘ ‘O&C Land Grant Act of 2014: Frank Moore 

16 Wild Steelhead Sanctuary′′ and dated November 3, 

17 2014. 

18 (2) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Agriculture acting through the Chief 

20 of the Forest Service. 

21 (3) STATE.—The term ‘‘State’’ means the State 

22 of Oregon. 


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1 SEC. 332. FRANK MOORE WILD STEELHEAD SANCTUARY, OR2 EGON. 

3 (a) DESIGNATION.—The approximately 104,000 acres 

4 of Forest Service land in the State, as generally depicted 

5 on the map, is designated as the ‘‘Frank Moore Wild 

6 Steelhead Sanctuary’’. 

7 (b) MAP; LEGAL DESCRIPTION.— 

8 (1) IN GENERAL.—As soon as practicable after 

9 the date of enactment of this Act, the Secretary shall 

10 prepare a map and legal description of the Frank 

11 Moore Wild Steelhead Sanctuary. 

12 (2) FORCE OF LAW.—The map and legal descrip13 tion prepared under paragraph (1) shall have the 

14 same force and effect as if included in this Act, except 

15 that the Secretary may correct clerical and typo16 graphical errors in the map and legal description. 

17 (3) AVAILABILITY.—The map and legal descrip18 tion prepared under paragraph (1) shall be on file 

19 and available for public inspection in the appropriate 

20 offices of the Forest Service. 

21 (c) ADMINISTRATION.—Subject to valid existing rights, 

22 the area designated as the Frank Moore Wild Steelhead 

23 Sanctuary by this section shall be administered by the Sec24 retary in accordance with the all laws (including regula25 tions applicable to the National Forest System, and in ad26 dition for the purposes of protecting, preserving and enVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6203 E:\BILLS\S1784.RS S1784

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1 hancing the natural character, scientific use, and the botan2 ical, recreational, ecological, fish and wildlife, scenic, drink3 ing water, and cultural values of the areas and to preserve 

4 opportunities for primitive recreation and especially to pro5 tect and enhance the wild salmonid resources of this area 

6 and maintain the watershed as a thermal refuge for native 

7 salmonids. 

8 (d) FISH AND WILDLIFE.—Nothing in this section af9 fects the jurisdiction or responsibilities of the State with 

10 respect to fish and wildlife in the State. 

11 (e) ADJACENT MANAGEMENT.— 

12 (1) IN GENERAL.—Nothing in this section creates 

13 any protective perimeter or buffer zone around the 

14 Frank Moore Wild Steelhead Sanctuary. 

15 (2) ADJACENT MANAGEMENT.—Nothing in this 

16 section creates any protective perimeter or buffer zone 

17 around an area designated under this section. 

18 (f) PROTECTION OF TRIBAL RIGHTS.—Nothing in this 

19 section diminishes any treaty rights of an Indian tribe. 

20 (g) WITHDRAWAL.—Subject to valid existing rights, 

21 the Federal land within the boundaries of the Frank Moore 

22 Wild Steelhead Sanctuary river segments designated by 

23 subsection (a) is withdrawn from all forms of— 

24 (1) entry, appropriation, or disposal under the 

25 public land laws; 


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1 (2) location, entry, and patent under the mining 

2 laws; and 

3 (3) disposition under all laws relating to min4 eral and geothermal leasing or mineral materials. 

5 (h) USES.—The Secretary shall only allow uses of the 

6 Frank Moore Wild Steelhead Sanctuary that are consistent 

7 with the purposes and values for which the Frank Moore 

8 Wild Steelhead Sanctuary is established. 

9 (i) USE OF MOTORIZED VEHICLES.—The use of motor10 ized vehicles within the Frank Moore Wild Steelhead Sanc11 tuary shall be limited to roads allowed by the Secretary 

12 for such use, provided that the Secretary may allow off13 road vehicle use in designated portions of the areas des14 ignated by this section if such use is consistent with the 

15 purposes and values for which the area was designated. 

16 (j) ROADS.— 

17 (1) IN GENERAL.—The Secretary, to the max18 imum extent practicable, shall decrease the total mile19 age of system roads that are operational in the Frank 

20 Moore Wild Steelhead Sanctuary to a quantity less 

21 than the quantity of mileage in existence on the date 

22 of enactment of the Oregon and California Land 

23 Grant Act of 2014. The Secretary shall prioritize de24 creasing the mileage of the road network in order to 


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1 reduce impacts to water quality from sediment deliv2 ered to streams by forest roads. 

3 (2) TEMPORARY ROADS.—If the Secretary con4 structs a temporary road as part of a vegetation 

5 management project, the Secretary shall close and de6 commission the temporary road not later than the 

7 earlier of— 

8 (A) the date that is 2 years after the date 

9 on which the activity for which the temporary 

10 road was constructed is completed; and 

11 (B) the date that is 1 year after the date on 

12 which the vegetation management project is com13 pleted. 

14 (3) NO NEW ROADS.—The Secretary shall pro15 hibit any new system or nonsystem road within the 

16 Frank Moore Wild Steelhead Sanctuary and key wa17 tersheds under the NWFP after the date of enactment 

18 of the Oregon and California Land Grant Act of 2014 

19 except as necessary, where no practicable alternative 

20 exists and subject to the availability of appropria21 tions. The Secretary shall also prohibit the construc22 tion of any new road in any roadless area. 


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Calendar No. 646 

113TH CONGRESS 

2D SESSION S. 1784 

[Report No. 113–307] 

A BILL 

To improve timber management on Oregon and 

grant land, and for other purposes. California Railroad and Coos Bay Wagon Road 

DECEMBER 11, 2014 

Reported with an amendment 


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