II 

113TH CONGRESS 

1ST SESSION S. 1784 

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 

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’’. 

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

7 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 


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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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•S 1784 IS

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 Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS 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 Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS 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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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 

25 Watershed as a clean drinking water source, safeVerDate Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS S1784

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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 

24 the purposes described in subsection (b), the applicaVerDate Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS S1784

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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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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 Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS 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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•S 1784 IS

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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•S 1784 IS

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 Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS 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 Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS 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 

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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 Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS 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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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 Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS 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 Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS S1784

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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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 

24 Creek from its headwaters to the conVerDate Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS S1784

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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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 

24 of Douglas County, Oregon, as M64–62, to be adVerDate Mar 15 2010 22:33 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\S1784.IS S1784

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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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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•S 1784 IS

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.’’. 

Æ 


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