II 

114TH CONGRESS 

1ST SESSION S. 132 

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 

JANUARY 8, 2015 

Mr. WYDEN (for himself and Mr. MERKLEY) 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 2015’’. 

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 of Oregon and California Railroad and Coos Bay Wagon 

Road grant land. 

Sec. 102. Designation of wild and scenic rivers. 

TITLE II—TRIBAL LAND 

Subtitle A—Oregon Coastal Land Conveyance 

Sec. 201. Definitions. 

Sec. 202. Conveyance. 

Sec. 203. Map and legal description. 

Sec. 204. Administration. 

Sec. 205. Forest management. 

Subtitle B—Canyon Mountain Land Conveyance 

Sec. 211. Definitions. 

Sec. 212. Conveyance. 

Sec. 213. Map and legal description. 

Sec. 214. Administration. 

Sec. 215. Forest management. 

Subtitle C—Amendments to Coquille Restoration Act 

Sec. 221. Amendments to Coquille Restoration Act. 

TITLE III—OREGON TREASURES 

Subtitle A—Wild Rogue Wilderness Area 

Sec. 301. Wild Rogue Wilderness area. 

Subtitle B—Devil’s Staircase Wilderness 

Sec. 311. Definitions. 

Sec. 312. Devil’s Staircase Wilderness, Oregon. 

Sec. 313. Wild and scenic river designations, Wasson Creek and Franklin 

Creek, Oregon. 

Subtitle C—Additional Wild and Scenic River Designations and Technical 

Corrections 

Sec. 321. Designation of wild and scenic river segments, Molalla River, Oregon. 

Sec. 322. Technical corrections to the Wild and Scenic Rivers Act. 

Subtitle D—Frank Moore Wild Steelhead Sanctuary 

Sec. 331. Definitions. 

Sec. 332. Frank Moore Wild Steelhead Sanctuary, Oregon. 


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

4 ROAD GRANT LAND 

5 SEC. 101. MANAGEMENT OF OREGON AND CALIFORNIA 

6 RAILROAD AND COOS BAY WAGON ROAD 

7 GRANT LAND. 

8 (a) IN GENERAL.—The Act of August 28, 1937 (43 

9 U.S.C. 1181a et seq.), is amended— 

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

11 U.S.C. 1181b, 1181d, 1181e) as sections 13, 14, 

12 and 15, 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) 80 YEAR OLD AGE CLASS.—The term ‘80 

21 year old age class’, following the common usage by 

22 the Bureau of Land Management, means a group of 

23 trees of which the average age of the dominant trees 

24 is 75 to 85 years old, comprising part of or an entire 

25 stand. 


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1 ‘‘(2) 90 YEAR OLD AGE CLASS.—The term ‘90 

2 year old age class’, following the common usage by 

3 the Bureau of Land Management, means a group of 

4 trees of which the average age of the dominant trees 

5 is 85 to 95 years old, comprising part of or an entire 

6 stand. 

7 ‘‘(3) ADJACENT PRIVATE LAND.—The term ‘ad8 jacent private land’ means any privately owned land 

9 that is— 

10 ‘‘(A) contiguous to covered land as defined 

11 in this Act; or 

12 ‘‘(B) situated so that it is reasonably nec13 essary to use covered land as defined in this 

14 Act to access the privately owned land. 

15 ‘‘(4) AGENCY ACTION.—The term ‘agency ac16 tion’ has the meaning given the term in section 551 

17 of title 5, United States Code. 

18 ‘‘(5) ARCHEOLOGICAL SITE.—The term ‘archeo19 logical site’ means any district, site, building, struc20 ture, or object that is included, or eligible for inclu21 sion, in the National Register under chapter 3021 of 

22 title 54, United States Code. 

23 ‘‘(6) CONSERVATION EMPHASIS AREA.—The 

24 term ‘Conservation Emphasis Area’ means the land 

25 allocated for various purposes in section 10, except 


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1 for subsection (f), and generally depicted on the map 

2 entitled ‘O & C Land Grant Act of 2014: Conserva3 tion Emphasis Areas’ and dated November 3, 2014 

4 and the land generally depicted on the map entitled 

5 ‘O & C Land Grant Act of 2014: Late Successional 

6 Old-Growth Forest Heritage Areas’ and dated No7 vember 3, 2014. 

8 ‘‘(7) COVERED AGENCY ACTION.—The term 

9 ‘covered agency action’ means an agency action car10 ried out by the Secretary, through the U.S. Bureau 

11 of Land Management or U.S. Fish and Wildlife 

12 Service, relating to the management of vegetation on 

13 covered land. 

14 ‘‘(8) COVERED CIVIL ACTION.—The term ‘cov15 ered civil action’ means a civil action seeking judicial 

16 review of a covered agency action. 

17 ‘‘(9) COVERED LAND.—The term ‘covered land’ 

18 means the approximately 2,800,000 acres of land 

19 designated as ‘Oregon and California Railroad and 

20 Coos Bay Wagon Road grant land’, generally de21 picted as ‘covered land’ on the map entitled ‘O & C 

22 Land Grant Act of 2014’ and dated November 3, 

23 2014, which includes the approximately 410,000 

24 acres of the Public Domain and acquired land in 

25 section 3(d), the approximately 72,000 acres of the 


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1 reconveyed Coos Bay Wagon Road grant land that 

2 is under the jurisdiction of the Department, and the 

3 approximately 311,500 acres of final BLM land, for4 merly Forest Service and Army Corps of Engineers 

5 land, denoted in section 11 of this Act entitled 

6 ‘Land Management Rationalization’ all to be des7 ignated O&C land; provided further any land later 

8 acquired by the Secretary surrounding the area gen9 erally depicted on this map shall also be covered 

10 land and designated O&C land; and further provided 

11 that any land otherwise intended to be accepted into 

12 the O&C land base also be considered ‘covered land’ 

13 by this Act. 

14 ‘‘(10) DECOMMISSION.—The term ‘decommis15 sion’, with respect to a road, means to restore any 

16 natural drainage, watershed function, or other eco17 logical process that has been disrupted or adversely 

18 impacted by the road by— 

19 ‘‘(A) removing or hydrologically dis20 connecting the road prism; 

21 ‘‘(B) reestablishing vegetation on the 

22 former road prism; and 

23 ‘‘(C) using the best available science to re24 store the integrity and form of associated hill 

25 slopes, channels, and floodplains. 


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1 ‘‘(11) DEPARTMENT.—The term ‘Department’ 

2 means the Department of the Interior. 

3 ‘‘(12) DRY FOREST EMPHASIS AREAS.—The 

4 term ‘Dry Forests’ means the land that is labeled as 

5 ‘Dry Forest’ on the map entitled ‘O & C Land Grant 

6 Act of 2014: Moist Forests and Dry Forests’ and 

7 dated November 3, 2014 and that is located within 

8 the area labeled as ‘Forestry Emphasis Area’ on the 

9 map entitled ‘O & C Land Grant Act of 2014: For10 estry Emphasis Areas’ and dated November 3, 2014. 

11 ‘‘(13) FOREST HEALTH.—The term ‘forest 

12 health’ means conditions that enable forested land— 

13 ‘‘(A) to be durable, resilient, and less 

14 prone to uncharacteristic wildfire, insect, or 

15 pathogen events, while— 

16 ‘‘(i) supporting ecosystem services and 

17 populations of native species; and 

18 ‘‘(ii) allowing for natural disturb19 ances; and 

20 ‘‘(B) to maintain or develop species com21 position, ecosystem function and structure, hy22 drologic function, and sediment regimes that 

23 are within an acceptable range that considers— 

24 ‘‘(i) historic variability; and 

25 ‘‘(ii) anticipated future conditions. 


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1 ‘‘(14) FOREST MANAGEMENT.—The term ‘for2 est management’, with respect to the activities of ad3 jacent private land owners, means any activity or 

4 plan reasonably necessary for the prudent manage5 ment, upkeep, and use of forested land, including— 

6 ‘‘(A) timber harvesting, thinning, reforest7 ation, vegetation and pest management, and 

8 other silvicultural activities; 

9 ‘‘(B) development and harvest of other for10 est resources and products; 

11 ‘‘(C) fire prevention and suppression ac12 tivities; and 

13 ‘‘(D) installing, constructing, maintaining, 

14 improving, and reconstructing— 

15 ‘‘(i) roads; 

16 ‘‘(ii) landings; 

17 ‘‘(iii) yarding corridors and wedges; 

18 ‘‘(iv) guyline supports; and 

19 ‘‘(v) tail holds for permanent or tem20 porary use that are reasonably necessary 

21 for prudent land management. 

22 ‘‘(15) LATE SUCCESSIONAL OLD-GROWTH FOR23 EST.—The term ‘late successional old-growth forest’ 

means a stand of trees equal to or greater than 1 24 ⁄4

25 acre in size and with a 90-year or older age class of 


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1 trees as of the date of enactment of the Oregon and 

2 California Land Grant Act of 2015. 

3 ‘‘(16) LEGACY TREE.—The term ‘legacy tree’ 

4 means a live tree that is determined to be equal to 

5 or greater than 150 years of age, or a dead tree that 

6 is estimated to have been 150 years or older when 

7 it died. 

8 ‘‘(17) MOIST FORESTRY EMPHASIS AREA.—The 

9 term ‘Moist Forestry Emphasis Area’ means the 

10 land that is labeled as ‘Moist Forest’ on the map en11 titled ‘O & C Land Grant Act of 2014: Moist For12 ests and Dry Forests’ and dated November 3, 2014 

13 and that is located within the area labeled as ‘For14 estry Emphasis Area’ on the map entitled ‘O & C 

15 Land Grant Act of 2014: Forestry Emphasis Areas’ 

16 and dated November 3, 2014, excluding the land 

17 generally depicted on the map entitled ‘O & C Land 

18 Grant Act of 2014: Late Successional Old-Growth 

19 Forest Heritage Areas’ and dated November 3, 

20 2014. 

21 ‘‘(18) PLACE INTO STORAGE.—The term ‘place 

22 into storage’, with respect to a road, means— 

23 ‘‘(A) to maintain the road in order to pre24 vent resource damage; but 


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1 ‘‘(B) to alter the road to eliminate all ve2 hicular traffic— 

3 ‘‘(i) for purposes of controlling ero4 sion— 

5 ‘‘(I) by installing appropriate 

6 water control structures, such as 

7 water bars; or 

8 ‘‘(II) by ensuring the surface of 

9 the road slopes such that water quick10 ly drains off the surface of the road; 

11 ‘‘(ii) for purposes of preventing access 

12 by vehicles— 

13 ‘‘(I) by blocking the entrance of 

14 the road; and 

15 ‘‘(II) by scattering slash atop the 

16 road surface; and 

17 ‘‘(iii) for purposes of restoring native 

18 vegetation— 

19 ‘‘(I) by scarifying lightly the sur20 face of the road; 

21 ‘‘(II) by seeding the surface of 

22 the road, as needed; and 

23 ‘‘(III) by treating noxious weeds. 

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

25 means a privately owned, permanent structure that 


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1 is maintained for habitation as a dwelling or work2 place. 

3 ‘‘(20) SALMON.—The term ‘salmon’ means any 

4 of the wild Oncorhynchus species that occur in the 

5 State of Oregon. 

6 ‘‘(21) SECRETARY.—The term ‘Secretary’ 

7 means the Secretary of the Interior, acting through 

8 the Director of the Bureau of Land Management, or 

9 her designee. 

10 ‘‘(22) SITE-POTENTIAL TREE.—The term ‘site11 potential tree’ means the average dominant tree, 

12 modeled at 200 years of age, for a given site class. 

13 ‘‘(23) SOURCE WATER EMPHASIS AREA.—The 

14 term ‘Source Water Emphasis Area’ means the 

15 areas identified as Source Water Emphasis Area on 

16 the map entitled ‘O&C Land Grant Act of 2014: 

17 Source Water Emphasis Areas’ and dated November 

18 3, 2014. 

19 ‘‘(24) SUSTAINED YIELD.—The term ‘sustained 

20 yield’ means the definition of sustained yield under 

21 the Federal Land Policy and Management Act of 

22 1976 (43 U.S.C. 1701 et seq.) applying the ecologi23 cal forestry principles and other provisions of this 

24 Act. 


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1 ‘‘(25) TIMBER-BYPRODUCT.—The term ‘timber2 byproduct’ means timber produced as a consequence 

3 of vegetative treatments or other management ac4 tions undertaken solely to achieve ecological goals. 

5 ‘‘(26) TREE TIPPING AND TREE FELLING AC6 TIVITY.—The term ‘tree tipping and tree felling ac7 tivity’ means any activity relating to the intentional 

8 felling and placement of a tree in a stream or on the 

9 forest floor during a timber harvest operation for the 

10 purposes of fish or stream or riparian habitat im11 provement. 

12 ‘‘(27) VEGETATION MANAGEMENT PROJECT.— 

13 The term ‘vegetation management project’ means an 

14 activity carried out on covered land that involves the 

15 cutting of vegetation to achieve the purposes of this 

16 Act. 

17 ‘‘SEC. 3. LAND MANAGEMENT. 

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

19 9, 1916 (39 Stat. 218, chapter 137), and the Act of Feb20 ruary 26, 1919 (40 Stat. 1179, chapter 47), any portion 

21 of the revested Oregon and California Railroad grant land 

22 or the reconveyed Coos Bay Wagon Road grant land that 

23 is under the jurisdiction of the Department, heretofore 

24 part of the covered land as defined in this Act, shall be 

25 managed in accordance with this Act. 


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1 ‘‘(b) MANAGEMENT.—The purposes of land managed 

2 through this Act are to provide collectively certainty and 

3 economic stability for local communities and industries, 

4 fish and wildlife benefits, improved ecological and 

5 hydrological function and health, improved forest health, 

6 municipal and community drinking water, permanent for7 est production for identified forestry areas, protection of 

8 watersheds and regulation of stream flow, and recreational 

9 opportunities. 

10 ‘‘(c) APPLICABILITY OF SURVEY AND MANAGE RE11 QUIREMENTS UNDER THE NORTHWEST FOREST PLAN.— 

12 The document entitled ‘Northwest Forest Plan Survey and 

13 Manage Mitigation Measure Standard and Guidelines’ 

14 shall not apply to any— 

15 ‘‘(1) Dry Forestry Emphasis Area; or 

16 ‘‘(2) Moist Forestry Emphasis Area. 

17 ‘‘(d) PUBLIC DOMAIN AND ACQUIRED LAND, COOS

18 BAY WAGON ROAD LAND, AND LAND MANAGEMENT RA19 TIONALIZATION LAND.—Any Federal public land gen20 erally depicted as ‘covered land’ on the map entitled ‘O 

21 & C Land Grant Act of 2014’ and dated November 3, 

22 2014, that is not designated as Oregon and California 

23 Railroad grant land under this Act, as of the date of en24 actment of the Oregon and California Land Grant Act of 

25 2015 shall be designated as Oregon and California RailVerDate Sep 11 2014 22:54 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 road grant land and managed as covered land under this 

2 Act. 

3 ‘‘(e) RESTRICTIONS REGARDING LATE SUCCES4 SIONAL OLD GROWTH FOREST AND LEGACY TREES.— 

5 ‘‘(1) IN GENERAL.—The Secretary may not cut 

6 or remove late successional old-growth forests within 

7 any land designated under section 4(a)(3)(A) and 

8 (B), section 8, within the Late Successional Old 

9 Growth Heritage Forest Reserve or section 10 of 

10 this Act, allowing action— 

11 ‘‘(A) for public safety purposes; or 

12 ‘‘(B) to fulfill existing obligations pursuant 

13 to agreements affecting adjacent private land. 

14 ‘‘(2) FOREST MANAGEMENT OF LEGACY

15 TREES.— 

16 ‘‘(A) IN MOIST FORESTS.—(i) Legacy trees 

17 shall not be cut in areas designated under sec18 tion 4(a)(3)(A) and (B), allowing action for— 

19 ‘‘(I) safety purposes; or 

20 ‘‘(II) tree tipping and felling activi21 ties. 

22 ‘‘(ii) When legacy trees are located within 

23 a Moist Forest Emphasis Area the Secretary 

24 shall, to the greatest extent practicable, protect 


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1 legacy trees by using them to meet the reten2 tion requirements applicable under section 8. 

3 ‘‘(B) IN DRY FORESTS.—When legacy trees 

4 are located within a Dry Forest Emphasis Area 

5 the Secretary shall where appropriate protect 

6 legacy trees by using trees to meet the retention 

7 requirements applicable under section 9. 

8 ‘‘(f) COMPLIANCE WITH EXISTING LAWS.—Nothing 

9 in this Act modifies any obligation— 

10 ‘‘(1) of the Secretary to prepare or implement 

11 a land use plan in accordance with section 202 of 

12 the Federal Land Policy and Management Act of 

13 1976 (43 U.S.C. 1712); 

14 ‘‘(2) under the Endangered Species Act of 1973 

15 (16 U.S.C. 1531 et seq.); 

16 ‘‘(3) under the Federal Water Pollution Control 

17 Act (33 U.S.C. 1251 et seq.); or 

18 ‘‘(4) under other law, except as expressly pro19 vided in this Act in regard to other law. 

20 ‘‘(g) EFFECT ON PREVIOUS DESIGNATIONS.—If 

21 there is a conflict between any portion of this Act and 

22 land protection designations included in the National 

23 Landscape Conservation System or boundaries for such 

24 designations, the more protective provision shall control. 


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1 ‘‘(h) ADJACENT PRIVATE LAND LANDOWNER AC2 TIONS.— 

3 ‘‘(1) IN GENERAL.—Without a permit from the 

4 Secretary, a person may enter and treat adjacent 

5 Federal land in a Dry or Moist Forestry Emphasis 

6 Area that is located within 100 feet of the residence 

7 of that person if— 

8 ‘‘(A) the residence is in existence on the 

9 date of enactment of the Oregon and California 

10 Land Grant Act of 2015; 

11 ‘‘(B) the treatment is carried out at the 

12 expense of the person; 

13 ‘‘(C) the person notifies the Secretary of 

14 the intent to treat that land; and 

15 ‘‘(D) the Secretary has adequate super16 visory, monitoring, and enforcement resources 

17 to ensure that the person carries out the treat18 ment activities in accordance with paragraph 

19 (3). 

20 ‘‘(2) NOTICE.— 

21 ‘‘(A) IN GENERAL.—Not less than 30 days 

22 before beginning to treat land described in 

23 paragraph (1), the person shall notify, in writ24 ing, the Secretary of the intention of that per25 son to treat that land. 


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1 ‘‘(B) ADDITIONAL NOTIFICATION.—The 

2 person shall also notify the Secretary not less 

3 than 14 days before beginning the treatment. 

4 ‘‘(C) COMMENCEMENT.—On receiving a 

5 notification to treat land under paragraph (h), 

6 the Secretary, if the requirements of paragraph 

7 (1)(D) are satisfied, shall inform the person of 

8 the treatment requirements in paragraph (3). 

9 ‘‘(3) TREATMENT.—A person treating land de10 scribed in paragraph (1) shall carry out the treat11 ment in accordance with the following requirements: 

12 ‘‘(A) No dead tree, nest tree, legacy tree, 

13 or tree greater than 16 inches in diameter shall 

14 be cut. 

15 ‘‘(B) No herbicide or insecticide applica16 tion shall be used. 

17 ‘‘(C) Vegetation shall be cut so that— 

18 ‘‘(i) less flammable species are favored 

19 for retention; and 

20 ‘‘(ii) the adequate height and spacing 

21 between bushes and trees are maintained. 

22 ‘‘(D) Any residual trees shall be pruned— 

23 ‘‘(i) to a height of the lesser of 10 feet 

24 or 50 percent of the crown height of the 

25 tree; and 


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1 ‘‘(ii) so that all parts of the tree are 

2 at not less than 10 feet away from the res3 idence. 

4 ‘‘(E) All slash created from treatment ac5 tivities under this subparagraph shall be re6 moved or treated not later than 60 days after 

7 the date on which the slash is created. 

8 ‘‘(F) Any material of commercial value 

9 generated by the activity authorized in para10 graph (1) is the property of the United States. 

11 ‘‘(i) REDESIGNATIONS OF MOIST FORESTRY EMPHA12 SIS AREA AND DRY FORESTRY EMPHASIS AREA LAND.— 

13 ‘‘(1) AUTHORIZATION TO REDESIGNATE.— 

14 ‘‘(A) EVALUATION REQUIRED.—Not later 

15 than 5 years after the date of enactment of the 

16 Oregon and California Land Grant Act of 2015 

17 and every 5 years thereafter, the Secretary— 

18 ‘‘(i) shall evaluate the initial assign19 ments of ‘Dry Forest’ and ‘Moist Forest’ 

20 on the map entitled ‘O&C Land Grant Act 

21 of 2014: Moist Forest and Dry Forest’ and 

22 dated November 3, 2014, and 

23 ‘‘(ii) may, as the Secretary determines 

24 to be necessary and in accordance with the 

25 criteria described in paragraph (2)— 


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1 ‘‘(I) redesignate Moist Forestry 

2 Emphasis Area land as Dry Forestry 

3 Emphasis Area land; and 

4 ‘‘(II) redesignate Dry Forestry 

5 Emphasis Area land as Moist For6 estry Emphasis Area land. 

7 ‘‘(B) FIELD EXAMINATION.—In addition to 

8 adjustments authorized under subparagraph 

9 (A), the Secretary may adjust dry and moist 

10 forest assignments in specific locations within a 

11 vegetation management project based on an on12 the-ground field examination by the Secretary. 

13 ‘‘(2) CRITERIA.— 

14 ‘‘(A) IN GENERAL.—In redesignating land 

15 as Moist Forestry Emphasis Area or Dry For16 estry Emphasis Area, the Secretary shall use 

17 the criteria described in this paragraph. 

18 ‘‘(B) MOIST FORESTRY EMPHASIS AREA.— 

19 For purposes of this subsection, land in the 

20 Moist Forestry Emphasis Area generally— 

21 ‘‘(i)(I) would have historically experi22 enced infrequent wildfires at intervals that 

23 are greater than 100 years; and 


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1 ‘‘(II) these wildfires would have in2 cluded significant areas of partial or com3 plete stand-replacement intensity; and 

4 ‘‘(ii) dominated by 1 or more of the 

5 following plant association groups: 

6 ‘‘(I) The Western Hemlock 

7 (Tsuga heterophylla) series. 

8 ‘‘(II) The Sitka Spruce (Picea 

9 sitchensis) series. 

10 ‘‘(III) The Western Red cedar 

11 (Thuja plicata) series. 

12 ‘‘(IV) The Pacific Silver Fir 

13 (Abies amabilis) series. 

14 ‘‘(V) The Mountain Hemlock 

15 (Tsuga mertensiana) series. 

16 ‘‘(VI) The Subalpine Fir17 Engelmann Spruce (Abies lasiocarpa18 Picea engelmannii) series. 

19 ‘‘(VII) The Tanoak (Lithocarpus 

20 densiflorus) series. 

21 ‘‘(VIII) The Moist Grand Fir 

22 (Abies grandis) plant association 

23 group. 


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1 ‘‘(IX) The Moist White Fir 

2 (Abies concolor) plant association 

3 group. 

4 ‘‘(C) DRY FORESTRY EMPHASIS AREA.— 

5 For purposes of this subsection, land in the Dry 

6 Forestry Emphasis Area generally— 

7 ‘‘(i)(I) would have historically experi8 enced relatively frequent wildfires; and 

9 ‘‘(II) these wildfires would have been 

10 predominantly low or mixed in severity; 

11 and 

12 ‘‘(ii) dominated by 1 or more of the 

13 following plant association groups: 

14 ‘‘(I) The Moist Grand Fir (Abies 

15 grandis) plant association group. 

16 ‘‘(II) The Moist White Fir (Abies 

17 concolor) plant association group. 

18 ‘‘(III) The Ponderosa Pine 

19 (Pinus ponderosa) series. 

20 ‘‘(IV) The Oregon White Oak 

21 (Quercus garryana) series. 

22 ‘‘(V) The Douglas-fir 

23 (Pseudotsuga menziesii) series. 

24 ‘‘(VI) The Jeffrey Pine (Pinus 

25 jeffreyi) series. 


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1 ‘‘(VII) The Dry Grand Fir 

2 (Abies grandis) plant association 

3 group. 

4 ‘‘(VIII) The Dry White Fir 

5 (Abies concolor) plant association 

6 group. 

7 ‘‘(D) MIXED FORESTS.— 

8 ‘‘(i) IN GENERAL.—For purposes of 

9 this subsection, the Secretary may consider 

10 land that contains a Moist Grand Fir or a 

11 Moist White Fir plant association group as 

12 Moist Forestry Emphasis Area or Dry 

13 Forestry Emphasis Area based on the con14 dition of the land, landscape context, or 

15 management goals. 

16 ‘‘(ii) MIXED FORESTS.—For land that 

17 meets criteria under both subparagraphs 

18 (B) and (C), the Secretary may choose to 

19 categorize the land as either Moist For20 estry Emphasis Area or Dry Forestry Em21 phasis Area to align with the designations 

22 of adjacent covered land. 

23 ‘‘(3) PUBLIC COMMENT.—In carrying out sub24 section (i)(1)(A), the Secretary shall provide the 


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1 public a period of not less than 60 days to comment 

2 on a proposed redesignation of land. 

3 ‘‘(j) EXISTING RIGHTS.—Notwithstanding any other 

4 section of this Act, nothing in this Act— 

5 ‘‘(1) affects any private ownership or rights, in6 cluding rights-of-way and reciprocal rights-of-way 

7 agreements, tail hold agreements, permits, easement 

8 obligations, and tribal treaty rights; or 

9 ‘‘(2) affects the ability or process under which 

10 the Secretary can grant new permissions or termi11 nates any valid existing lease, permit, patent, agree12 ment, or other right of authorization, including new 

13 permissions for an existing lease, permit, patent, 

14 agreement, or other right of authorization con15 cerning access to or for forest management activities 

16 on adjacent private land, upon enactment of the Or17 egon and California Land Grant Act of 2015. 

18 ‘‘(k) JURISDICTION.—Nothing in this Act affects the 

19 jurisdiction of the State of Oregon with respect to the 

20 management of fish and wildlife on public land in the 

21 State. 

22 ‘‘(l) PESTICIDE USE AND FIRE PROTECTION.— 

23 ‘‘(1) Pesticides may be used within the covered 

24 land, if the use— 


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1 ‘‘(A) is limited to plants listed by the Or2 egon Department of Agriculture as invasive 

3 plants; 

4 ‘‘(B) is part of an integrated pest manage5 ment plan; and 

6 ‘‘(C) is restricted to the use of various 

7 ground-based systems that are designed to tar8 get only invasive plants. 

9 ‘‘(2) The Secretary and the State of Oregon 

10 shall develop an agreement to provide fire protection 

11 on the covered land, renegotiable every 5 years after 

12 the date of enactment to reassess fire protection 

13 needs. 

14 ‘‘(m) SPECIAL MANAGEMENT AND RESEARCH

15 AREAS.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall des17 ignate 50,000 acres across 2 to 5 sites in the cov18 ered land to include moist forests and dry forests, as 

19 generally depicted on the map entitled ‘O&C Land 

20 Grant Act of 2014: Moist Forest and Dry Forest’ 

21 and dated November 3, 2014, to be managed by the 

22 Secretary in consultation and coordination with Or23 egon State University as agreed to through a memo24 randum of understanding as special management 


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1 and research areas in accordance with the criteria 

2 described in paragraph (2). 

3 ‘‘(2) CRITERIA.—In designating land as special 

4 management and research areas under paragraph 

5 (1), the Secretary shall designate— 

6 ‘‘(A) land that is designated as ‘Forestry 

7 Emphasis Areas’ on the map described in para8 graphs (12) and (17) of section 2; 

9 ‘‘(B) land, to the maximum extent prac10 ticable, contiguous to other land designated 

11 under paragraph (1); 

12 ‘‘(C) land within close proximity of other 

13 land designated under paragraph (1); 

14 ‘‘(D) land located within 150 miles of the 

15 main campus of Oregon State University in 

16 Corvallis, Oregon; and 

17 ‘‘(E) land selected in consultation with Or18 egon State University. 

19 ‘‘(3) AUTHORIZED PROJECTS.—Land des20 ignated under paragraph (1) shall be used by insti21 tutions of higher education, primarily in the State of 

22 Oregon, for the conduct of research projects and 

23 demonstration projects that address— 

24 ‘‘(A) increasing social awareness and 

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1 nomic impacts on the implementation of eco2 logical forestry on public land; 

3 ‘‘(B) improving the health of rural commu4 nities and citizens; 

5 ‘‘(C) reducing uncharacteristic fires and 

6 the degradation of ecosystem health; 

7 ‘‘(D) increasing conservation with a land8 scape approach; 

9 ‘‘(E) relative to the retention requirements 

10 at variable retention harvest, half of the Moist 

11 Forestry Emphasis Area will be managed under 

12 section 8(b)(4)(E) and half will be managed as 

13 under section 8(b)(2)(c); and 

14 ‘‘(F) understanding and conducting re15 search on riparian reserve approaches author16 ized under this Act. 

17 ‘‘(4) MONITORING.—Work performed on land 

18 designated under paragraph (1) shall include pre19 and post-treatment monitoring on the land. 

20 ‘‘(5) INSTITUTIONS OF HIGHER EDUCATION.— 

21 Not less than 10 percent of the authorized projects 

22 conducted annually under this subsection shall be 

23 conducted by an institution of higher education 

24 other than Oregon State University. 

25 ‘‘(6) MINIMUM ACREAGE.— 


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1 ‘‘(A) IN GENERAL.—Not less than 3,750 

2 acres of the land designated under paragraph 

3 (1) shall be treated during each 5-year period. 

4 ‘‘(B) FAILURE TO TREAT.—If the min5 imum acreage under subparagraph (A) is not 

6 treated for 2 5-year periods during a 20-year 

7 period, management of the land designated 

8 under paragraph (1) shall revert to manage9 ment by the Secretary. 

10 ‘‘(7) REVIEW.—The Secretary shall— 

11 ‘‘(A) review and decide whether to permit 

12 each proposed treatment to be conducted as 

13 part of an authorized project under this sub14 section; and 

15 ‘‘(B) review for adequacy the documenta16 tion required to be prepared for each treatment. 

17 ‘‘(8) CALCULATION.—The Secretary shall esti18 mate— 

19 ‘‘(A) the quantity of timber that can be 

20 produced in the sustained yield base from the 

21 Moist Forestry Emphasis Area, not including 

22 riparian reserves established under section 4, 

23 late successional old-growth forest reserves and 

24 other reserves; and 


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1 ‘‘(B) the quantity of timber-byproduct 

2 from the Moist Forestry Emphasis Area, in3 cluding riparian reserves established under sec4 tion 4, and the portions of the Dry Forest Em5 phasis Area covered by this section. 

6 ‘‘(n) TRANSITION.— 

7 ‘‘(1) IN GENERAL.—During the period begin8 ning on the date of enactment of the Oregon and 

9 California Land Grant Act of 2015 and ending 90 

10 days after the date on which the record of decision 

11 is completed under section 6, a transition period 

12 shall be in effect in accordance with this section. 

13 ‘‘(2) MANAGEMENT.— 

14 ‘‘(A) EXISTING CONTRACTS.—Any timber 

15 sale or agreement to perform work on covered 

16 land that was entered into by the Secretary be17 fore the date of enactment of the Oregon and 

18 California Land Grant Act of 2015 shall remain 

19 binding and effective according to the terms of 

20 the contract. 

21 ‘‘(B) PENDING TIMBER SALES.—Timber 

22 sales for which review under the National Envi23 ronmental Policy Act of 1969 (42 U.S.C. 4321 

24 et seq.) has been completed or will be completed 

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1 actment of the Oregon and California Land 

2 Grant Act of 2015 shall continue as planned. 

3 ‘‘(C) INTERIM PROJECTS.—The Secretary 

4 may conduct vegetation management projects 

5 on the covered land during the transition period 

6 on the conditions that the vegetation manage7 ment projects— 

8 ‘‘(i) comply with the designations and 

9 requirements of this Act; and 

10 ‘‘(ii) are reviewed pursuant to the Na11 tional Environmental Policy Act of 1969 

12 (42 U.S.C. 4321 et seq.), outside of the 

13 process described in section 7. 

14 ‘‘(D) ADMINISTRATION.—The Secretary 

15 shall seek to make such accommodations as are 

16 necessary to avoid interfering with the perform17 ance of a timber sale or work agreement de18 scribed in paragraph (1) or (2). 

19 ‘‘(3) SPECIAL ADMINISTRATIVE REVIEW PROC20 ESS.—The procedures established under section 105 

21 of the Healthy Forests Restoration Act of 2003 (16 

22 U.S.C. 6515) shall be the only process to adminis23 tratively challenge projects during the transition pe24 riod. 


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1 ‘‘SEC. 4. AQUATIC AND RIPARIAN PROTECTION. 

2 ‘‘(a) AQUATIC CONSERVATION STRATEGY.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall carry 

4 out the Aquatic Conservation Strategy incorporated 

5 in its entirety by reference for covered land as set 

6 forth in the Northwest Forest Plan 1994 Record of 

7 Decision for Amendments to Forest Service and Bu8 reau of Land Management Planning Documents 

9 Within the Range of the Northern Spotted Owl, 

10 (hereinafter ‘NWFP’ and its Standards and Guide11 lines in Attachment A to the 1994 Record of Deci12 sion (hereinafter referred to as ‘Aquatic Conserva13 tion Strategy’), and as modified herein. 

14 ‘‘(2) PROGRAM COMPONENTS MODIFIED.—In 

15 addition to those program components contained in 

16 the Aquatic Conservation Strategy of the NWFP, 

17 the aquatic conservation strategy under paragraph 

18 (1) shall also incorporate provisions for watershed 

19 analysis in accordance with paragraph (2)(A), and 

20 riparian reserve establishment and management 

21 within the Moist Forestry Emphasis Area or Dry 

22 Forestry Emphasis Area but that are not within 

23 Source Water Emphasis Areas or within Key Water24 sheds designated in the Aquatic Conservation Strat25 egy in accordance with paragraph (3). 

26 ‘‘(A) WATERSHED ANALYSIS.— 


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1 ‘‘(i) The Secretary shall develop ap2 propriate management actions for a water3 shed, including adjustment of riparian re4 serve widths under subsection (b)(3)(A)(ii); 

5 and 

6 ‘‘(ii) Within 90 days and via a con7 tractor if necessary, determine the ecologi8 cal importance of streams in the covered 

9 area using the following criteria: 

10 ‘‘(I) The importance of the 

11 streams to salmonid and other native 

12 aquatic species. 

13 ‘‘(II) The potential impacts of 

14 thermal loading. 

15 ‘‘(III) The presence of areas of 

16 high erosion potential. 

17 ‘‘(IV) The potential for the deliv18 ery and deposition of sediment and 

19 wood from upslope sources. 

20 ‘‘(B) VEGETATION MANAGEMENT.—Vege21 tative management projects undertaken in ri22 parian reserves or vegetative management 

23 projects or harvest undertaken in the outer ri24 parian zone shall not cut or harvest trees in the 

25 90 year age class or above. 


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1 ‘‘(3) ESTABLISHMENT AND ACTIVITIES WITHIN

2 1 SITE-POTENTIAL TREE HEIGHT OF STREAMS WITH3 IN FOREST EMPHASIS AREAS AS VARIATIONS ON

4 SECTION 4(a).— 

5 ‘‘(A) RIPARIAN RESERVE.— 

6 ‘‘(i) IN GENERAL.—The Secretary 

7 shall establish within Forestry Emphasis 

8 Areas described in paragraph (2)(A) ripar9 ian reserves in accordance with clause (ii). 

10 ‘‘(ii) WIDTHS.—The widths of a ripar11 ian reserve established under clause (i) 

12 shall be as follows: 

13 ‘‘(I) 1 site-potential tree or 150- 

14 feet slope distance, whichever is great15 er, from a fish-bearing stream of 

16 great ecological importance, as deter17 mined by the Secretary. 

18 ‘‘(II) 1 site-potential tree or 150- 

19 feet slope distance, whichever is great20 er, from a nonfish-bearing stream of 

21 great ecological importance, as deter22 mined by the Secretary 

23 ‘‘(III) 100-feet slope distance 

24 from a fish-bearing stream that is not 


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1 a stream described in subclauses (I) 

2 and (II). 

3 ‘‘(IV) 50-feet slope distance from 

4 a nonfish-bearing stream that is not a 

5 stream described in subclauses (I) and 

6 (II). 

7 ‘‘(iii) FOREST MANAGEMENT ACTIVI8 TIES.—The ecological forestry practices es9 tablished in sections 8 and 9 of this Act 

10 shall apply the riparian reserves estab11 lished in clause (ii) and the riparian man12 agement of section 4 of this Act. 

13 ‘‘(B) OUTER RIPARIAN ZONES.— 

14 ‘‘(i) ESTABLISHMENT AND MANAGE15 MENT OF THE OUTER RIPARIAN ZONE.— 

16 ‘‘(I) IN GENERAL.—The outer ri17 parian zone is the area between the ri18 parian reserve established in clause 

19 (A)(ii) and 1 site-potential tree 

20 height. 

21 ‘‘(II) MANAGEMENT.—The Sec22 retary may carry out harvest in areas 

23 in the outer riparian zones using the 

24 standards for ecological forestry in 

25 Forestry Emphasis Areas subject to 


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1 section 4(a)(3)(D) and other relevant 

2 provisions of this Act. 

3 ‘‘(C) TREE-TIPPING AND TREE FELLING

4 ACTIVITIES.—When harvesting timber within 

5 the outer riparian zone, the Secretary shall em6 ploy tree tipping and tree felling activities dur7 ing the harvest to maintain wood recruitment to 

8 adjacent streams. 

9 ‘‘(D) TREE RETENTION LEVELS IN AQUAT10 IC AREAS.—Not later than 60 days after the 

11 date of enactment of the Oregon and California 

12 Land Grant Act of 2015, the Secretary, in con13 sultation with the Director of the United States 

14 Fish and Wildlife Service, the Administrator of 

15 the National Oceanic and Atmospheric Admin16 istration, the Director of the United States Ge17 ological Survey and the Administrator of the 

18 Environmental Protection Agency, shall estab19 lish minimum live and dead tree retention levels 

20 for thinning and other vegetation management 

21 projects consistent with the goals identified in 

22 subsection (a)(1). 

23 ‘‘(4) MANAGEMENT ACTIVITIES FOR CONSERVA24 TION AREA RIPARIAN RESERVES, KEY WATERSHEDS

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1 serves and reserve widths within the Conservation 

2 Emphasis Areas, source water emphasis areas, and 

3 Key Watersheds shall be managed to carry out the 

4 Aquatic Conservation Strategy as set forth in sub5 section (a)(1) without modifications set forth in sub6 section (a)(2). 

7 ‘‘(5) ADJUSTMENT OF RIPARIAN RESERVE

8 WIDTHS AND MANAGEMENT.— 

9 ‘‘(A) IN GENERAL.—Not earlier than 5 

10 years after the date of enactment of the Oregon 

11 and California Land Grant Act of 2015, and 

12 not more frequently than once each 5 years 

13 thereafter, the Secretary may adjust the ripar14 ian reserve widths established under paragraph 

15 (1), as well as the size of designated key water16 sheds, subject to the advice of the scientific 

17 committee established under subparagraph (B). 

18 ‘‘(B) SCIENTIFIC COMMITTEE.— 

19 ‘‘(i) ESTABLISHMENT.—The Secretary 

20 shall establish a scientific committee made 

21 up of scientific and land management ex22 pertise to determine whether the riparian 

23 reserve widths and management should be 

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1 jectives of the Aquatic Conservation Strat2 egy. 

3 ‘‘(ii) OUTSIDE MEMBERSHIP.—In ad4 dition to not more than 6 representatives 

5 of the Federal Government (including 1 

6 representative of each of the Bureau of 

7 Land Management, the National Oceanic 

8 and Atmospheric Administration, the 

9 United States Geological Survey, the Envi10 ronmental Protection Agency, the United 

11 States Forest Service, and the United 

12 States Fish and Wildlife Service), the sci13 entific committee shall include 6 individ14 uals, to be appointed by the Secretary, 

15 who— 

16 ‘‘(I) are not full-time employees 

17 of the Federal Government; and 

18 ‘‘(II) have expertise relating to 

19 aquatic and riparian ecosystems, as 

20 demonstrated by— 

21 ‘‘(aa) an advanced degree in 

22 a related field; and 

23 ‘‘(bb) subsequent relevant 

24 work experience. 


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1 ‘‘(iii) DUTIES.—The scientific com2 mittee shall make recommendations re3 garding whether the riparian reserve 

4 widths and management should be ad5 justed on individual bodies of water, and 

6 submit said recommendations to the Sec7 retary in a report, taking into consider8 ation— 

9 ‘‘(I) the criteria listed in section 

10 4(a)(2)(A)(ii); 

11 ‘‘(II) additional criteria deemed 

12 appropriate; 

13 ‘‘(III) new scientific information 

14 and understanding; and 

15 ‘‘(IV) the need to manage cov16 ered land per section 3(b). 

17 ‘‘(iv) PUBLIC REVIEW & COMMENT.— 

18 On receipt of the report under clause (iii), 

19 the Secretary shall— 

20 ‘‘(I) make the report available to 

21 the public; and 

22 ‘‘(II) provide a period of not less 

23 than 60 days for public comment re24 garding the recommendations con25 tained in the report. 


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1 ‘‘(v) DECISION TO ADJUST.—After 

2 taking into consideration the report under 

3 clause (iii) and any public comments re4 ceived under clause (iv)(II), the Secretary 

5 may adjust the riparian reserve width— 

6 ‘‘(I) taking into consideration the 

7 recommendations included in the re8 port, and the public comments; and 

9 ‘‘(II) if the Secretary determines 

10 that the adjustment meet the aquatic 

11 goals established in the Aquatic Con12 servation Strategy under paragraph 

13 (a)(1) and would be in the public in14 terest. 

15 ‘‘(b) ROADS.— 

16 ‘‘(1) IN GENERAL.—Except as provided in sec17 tions 3(e) and 3(j) of this Act, and paragraph (2) 

18 of this subsection, the Secretary shall not construct 

19 a road inside a riparian reserve. 

20 ‘‘(2) EXCEPTIONS.— 

21 ‘‘(A) TEMPORARY ROADS.—The Secretary 

22 may construct a temporary road to enter a ri23 parian reserve, including crossing a stream 

24 where necessary, to complete a vegetation man25 agement project, if— 


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1 ‘‘(i) there is no existing road system 

2 that can be used; 

3 ‘‘(ii) it is not possible to construct a 

4 road outside of the riparian reserve; 

5 ‘‘(iii) the temporary road is decommis6 sioned no more than 2 years after it is 

7 constructed or and the project for which it 

8 was constructed is completed, whichever 

9 comes first; and 

10 ‘‘(iv) any significant potential adverse 

11 impacts from the construction of any tem12 porary road do not persist more than 1 

13 year after the temporary road is decommis14 sioned. 

15 ‘‘(B) PERMANENT ROADS.—The Secretary 

16 may realign an existing road permanently inside 

17 a riparian reserve, including the replacement of 

18 stream crossings, if the Secretary determines 

19 that the realignment will maintain, restore, or 

20 improve aquatic or riparian ecosystems and 

21 water quality. 

22 ‘‘(c) STREAM IMPROVEMENT WORK.— 

23 ‘‘(1) IN GENERAL.—The Secretary may conduct 

24 certain activities on the covered land in accordance 

25 with this subsection. 


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1 ‘‘(2) PERMITTED ACTIVITIES.— 

2 ‘‘(A) TREE TIPPING AND FELLING ACTIVI3 TIES.—During a vegetation management 

4 project, the Secretary may carry out tree tip5 ping and tree felling activities within the ripar6 ian reserves in Dry Forestry Emphasis Areas or 

7 Moist Forestry Emphasis Areas as the Sec8 retary determines necessary to improve habitat 

9 for aquatic species. 

10 ‘‘(B) WOODY DEBRIS AUGMENTATION.— 

11 The Secretary shall annually, subject to appro12 priations, use not less than $1,000,000, indexed 

13 for inflation, of amounts made available under 

14 section 12(c) to transport and place large trees 

15 in streams on Federal, State, or private land to 

16 improve fish habitat. 

17 ‘‘(C) NATIVE VEGETATION.—Within ripar18 ian reserves, the Secretary may only plant vege19 tation that is native to the site. 

20 ‘‘(D) CULVERT REPLACEMENT.—The Sec21 retary may replace a culvert that impedes the 

22 passage of fish or is unable to withstand a 100- 

23 year flood event. 

24 ‘‘(3) ACTIVITIES CATEGORICALLY EXCLUDED

25 FROM REVIEW.—Except as provided in paragraph 


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1 (4), each activity described in paragraph (2) shall 

2 be— 

3 ‘‘(A) considered an action categorically ex4 cluded from review under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et 

6 seq.) or section 1508.4 of title 40, Code of Fed7 eral Regulations (or a successor regulation); 

8 and 

9 ‘‘(B) exempt from administrative review. 

10 ‘‘(4) EXCLUSION OF CERTAIN AREAS.—Para11 graph (3) does not apply to any activity located in— 

12 ‘‘(A) a component of the National Wilder13 ness Preservation System; 

14 ‘‘(B) a component of the National Wild 

15 and Scenic Rivers System; 

16 ‘‘(C) land with wilderness characteristics 

17 as defined in the Bureau of Land Management 

18 Manual provisions 6310 and 6320; or 

19 ‘‘(D) a Conservation Emphasis Area estab20 lished by section 10 if the activity would be in21 consistent with the purposes and values for 

22 which the area was established. 

23 ‘‘SEC. 5. NOTICE OF INTENT. 

24 ‘‘(a) IN GENERAL.—Not later than 30 days after the 

25 date of enactment of the Oregon and California Land 


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1 Grant Act of 2015, and every 5 years thereafter the Sec2 retary shall publish in the Federal Register a notice of 

3 intent to prepare— 

4 ‘‘(1) the landscape prioritization plan; and 

5 ‘‘(2) the draft comprehensive environmental im6 pact statements required under section 6(g)(2). 

7 ‘‘(b) PUBLIC COMMENT.—During the 45-day period 

8 beginning on the date of publication of the notice of intent 

9 under subsection (a), the Secretary shall solicit public 

10 comments regarding— 

11 ‘‘(1) the scope and content of the documents 

12 described in subsection (a); and 

13 ‘‘(2) the impacts that the Secretary should ana14 lyze regarding the alternatives in the draft com15 prehensive environmental impact statements de16 scribed in subsection (a)(2). 

17 ‘‘(c) COORDINATION WITH PREPARATION OF LAND

18 USE PLANS.—The Secretary shall include the notice of 

19 intent in the development or revision of a land use plan 

20 required under section 202 of the Federal Land Policy and 

21 Management Act of 1976 (43 U.S.C. 1712) for the cov22 ered land or shall amend the land use plan required under 

23 section 202 of the Federal Land Policy and Management 

24 Act of 1976 (43 U.S.C. 1712) for the covered land. 


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1 ‘‘(d) INITIATION OF EARLY PLANNING AND CON2 SULTATION AGREEMENT.—Not later than 30 days after 

3 the date on which a notice of intent is published under 

4 subsection (a), the Secretary of the Interior, the Secretary 

5 of Commerce, and the Administrator of the Environmental 

6 Protection Agency shall— 

7 ‘‘(1) enter into an early planning and consulta8 tion agreement, including timelines, regarding the 

9 development of information, data and documents re10 quired to carry out this Act with— 

11 ‘‘(A) the United States Fish and Wildlife 

12 Service; 

13 ‘‘(B) the National Oceanic and Atmos14 pheric Administration; 

15 ‘‘(C) the Environmental Protection Agen16 cy; and 

17 ‘‘(D) the U.S. Geological Survey; and 

18 ‘‘(2) invite to serve as cooperating agencies or 

19 to provide comments regarding the notice of in20 tent— 

21 ‘‘(A) the State of Oregon; 

22 ‘‘(B) Federally recognized Indian tribes 

23 with ancestral land or officially ceded land in 

24 the covered land; and 

25 ‘‘(C) affected units of local government. 


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1 ‘‘SEC. 6. LANDSCAPE PRIORITIZATION PLANS. 

2 ‘‘(a) IN GENERAL.—Not later than 270 days after 

3 the date of enactment of the Oregon and California Land 

4 Grant Act of 2015, and every 5 years thereafter the Sec5 retary, shall develop and make available to the public a 

6 landscape prioritization plan, which shall prioritize vegeta7 tion management projects and describe activities to be per8 formed and areas to be established to satisfy landscape9 related needs in the covered land— 

10 ‘‘(1) as a part of the development or revision of 

11 a land use plan required under section 202 of the 

12 Federal Land Policy and Management Act of 1976 

13 (43 U.S.C. 1712) for the covered land; and 

14 ‘‘(2) implement the landscape prioritization 

15 plan required in this section through the comprehen16 sive environmental impact statements regardless of 

17 whether a revision of that land use plan has been 

18 completed. 

19 ‘‘(b) COORDINATION.—The Secretary shall develop 

20 the landscape prioritization plan under this section under 

21 the agreement entered into under section 5(d) in coordina22 tion with the Director of the United States Fish and Wild23 life Service and the Administrator of the National Oceanic 

24 and Atmospheric Administration to ensure that the land25 scape prioritization plan complies with the Endangered 

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1 ordination with the State of Oregon to ensure compliance 

2 with water quality standards adopted under the Federal 

3 Water Pollution Control Act (33 U.S.C. 1251 et seq.). 

4 ‘‘(c) COMPONENTS.— 

5 ‘‘(1) PROJECTS IN MOIST FORESTRY EMPHASIS

6 AREA.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), the Secretary shall identify the loca9 tions of the vegetation management projects 

10 that the Secretary proposes to conduct in the 

11 Moist Forestry Emphasis Area for the length of 

12 each Landscape Prioritization Plan. 

13 ‘‘(B) REQUIREMENTS.— 

14 ‘‘(i) IN GENERAL.—For each consecu15 tive 5-year period during the period de16 scribed in subparagraph (A), the Secretary 

17 shall plan to conduct— 

18 ‘‘(I) variable retention harvest 

19 consistent with this Act across stands 

20 that comprise 4 to 6 percent of the 

21 Moist Forestry Emphasis Area, sub22 ject to clause (ii); and 

23 ‘‘(II) thinning activities con24 sistent with this Act across stands in 

25 Moist Forest Emphasis Area. 


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1 ‘‘(ii) VEGETATION MANAGEMENT

2 PROJECTS.—The locations of the proposed 

3 vegetation management projects under 

4 clause (i)(I) shall be distributed across the 

5 Bureau of Land Management districts, to 

6 the extent practicable. 

7 ‘‘(2) PROJECTS IN DRY FORESTRY EMPHASIS

8 AREA.—The Secretary shall identify the locations of 

9 the vegetation management projects consistent with 

10 ecological forestry principles the Secretary proposes 

11 to conduct in the Dry Forestry Emphasis Area for 

12 each consecutive length of the Landscape 

13 Prioritization Plan beginning on the date of enact14 ment of the Oregon and California Land Grant Act 

15 of 2015. 

16 ‘‘(3) PROJECTS IN CONSERVATION EMPHASIS

17 AREA.—The Secretary shall identify the locations of 

18 vegetation management projects, including habitat 

19 protection or restoration projects, the Secretary pro20 poses to conduct in the Conservation Emphasis Area 

21 consistent with section 10 for the length of each 

22 Landscape Prioritization Plan beginning on the date 

23 of enactment of the Oregon and California Land 

24 Grant Act of 2015. 

25 ‘‘(4) SPECIFIC INFORMATION FOR PROJECTS.— 


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1 ‘‘(A) IN GENERAL.—For each vegetation 

2 management project proposed by the Secretary, 

3 the Landscape Prioritization Plan shall include 

4 an identification of— 

5 ‘‘(i) the location of forest stands to be 

6 treated; 

7 ‘‘(ii) the approximate size and timing 

8 of the treatment in those stands; 

9 ‘‘(iii) the specific vegetation treatment 

10 recommended for each forest stand; and 

11 ‘‘(iv) the goals and objectives for any 

12 habitat protection or restoration projects. 

13 ‘‘(B) ONSITE REVIEWS.—In addition to 

14 identifying forest stands under subparagraph 

15 (A), the Secretary shall conduct onsite reviews 

16 to verify, at a minimum— 

17 ‘‘(i) riparian and aquatic parameters 

18 and assessments; 

19 ‘‘(ii) any streams or aquatic resources 

20 within the specific stands; 

21 ‘‘(iii) water quality; 

22 ‘‘(iv) the presence of sensitive or spe23 cial status species and habitats; 

24 ‘‘(v) road conditions and information; 

25 and 


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1 ‘‘(vi) forest stand boundaries. 

2 ‘‘(d) PUBLIC COMMENT.—The Secretary shall solicit 

3 public comments regarding the Landscape Prioritization 

4 Plan for a period of not less than 60 days after the date 

5 on which the Secretary makes the landscape prioritization 

6 plan available to the public. 

7 ‘‘(e) REVISED PLAN.—The Secretary shall revise the 

8 Landscape Prioritization Plan as the Secretary considers 

9 to be necessary, based on public comments received under 

10 subsection (d). 

11 ‘‘(f) MONITORING AND LONG-TERM EVALUATION.— 

12 ‘‘(1) IN GENERAL.—Each Landscape 

13 Prioritization Plan implementation shall be mon14 itored annually, and evaluated every 5 years as a 

15 part of the development or revision of a resource 

16 management plan required under section 202 of the 

17 Federal Land Policy and Management Act of 1976 

18 (43 U.S.C. 1712) for the covered land, with oppor19 tunity for public comment prior to finalizing the 

20 monitoring assessments. 

21 ‘‘(2) COMPONENTS OF THE MONITORING AS22 SESSMENT.—In preparing the monitoring assess23 ment, the Secretary shall include assessments and 

24 reports on— 


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1 ‘‘(A) changes in the volume and quality of 

2 timber sold; 

3 ‘‘(B) changes in water quality; 

4 ‘‘(C) changes in recreation; 

5 ‘‘(D) the effectiveness of fish and wildlife 

6 protections; 

7 ‘‘(E) the effectiveness of measures to pre8 vent uncharacteristic wildfire; and 

9 ‘‘(F) changes in forest health and fish and 

10 wildlife habitat. 

11 ‘‘(3) COMPONENTS OF LANDSCAPE

12 PRIORITIZATION PLAN TO BE MONITORED AND

13 EVALUATED.—Each Landscape Prioritization Plan 

14 shall include for monitoring and evaluation a de15 scription of the Moist Forest Emphasis Areas and 

16 Dry Forest Emphasis Areas— 

17 ‘‘(A) for Moist Forestry Emphasis Areas— 

18 ‘‘(i) landscape-level plans depicting 

19 areas of the moist forest landscape that 

20 would result in a distribution of variable 

21 retention regeneration harvests to ensure 

22 the desired placement and the appropriate 

23 scale of vegetation management projects; 

24 and 


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1 ‘‘(ii) areas that will accelerate the de2 velopment of complex forest structure, in3 cluding opportunities to create spatial het4 erogeneity (such as creating skips and 

5 gaps), in a young stand that has a canopy 

6 that has closed and been simplified 

7 through past forest management; 

8 ‘‘(B) for Dry Forestry Emphasis Areas— 

9 ‘‘(i) a landscape-level plan depicting 

10 areas of dry forest landscape that will be 

11 left over the length of the Landscape 

12 Prioritization Plan in a denser condition 

13 beginning on the date of enactment of the 

14 Oregon and California Land Grant Act of 

15 2015; and 

16 ‘‘(ii) areas that will minimize and re17 duce the risk of uncharacteristic fire and 

18 insect events, and improve fire resiliency 

19 particularly if critical components and val20 ues are at risk, including— 

21 ‘‘(I) communities in the wildland22 urban interface (as defined in section 

23 101 of the Healthy Forests Restora24 tion Act of 2003 (16 U.S.C. 6511)); 

25 and 


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1 ‘‘(II) valuable forest structures, 

2 such as legacy trees and oak savannas 

3 that are in need of restoration or in 

4 danger from a potential fire risk; and 

5 ‘‘(C) for Conservation Emphasis Areas the 

6 Secretary shall describe and evaluate the land7 scape-level plan depicting areas of the Con8 servation Emphasis Areas that will be left in a 

9 more natural condition over the length of the 

10 Landscape Prioritization Plan beginning on the 

11 date of enactment of the Oregon and California 

12 Land Grant Act of 2015. 

13 ‘‘(g) ANNUAL MONITORING.—The Secretary shall an14 nually use not less than $1,000,000, adjusted for inflation, 

15 of the amounts made available under section 13(c) to mon16 itor short-term and long-term changes in forest health, 

17 water quality, and fish and wildlife habitat. 

18 ‘‘(h) ENVIRONMENTAL COMPLIANCE.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall imple20 ment the Landscape Prioritization Plan, including 

21 priorities and vegetation management projects iden22 tified in a landscape prioritization plan under section 

23 6(a), in accordance with the National Environmental 

24 Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the 

25 requirements of this section. 


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1 ‘‘(2) DRAFT COMPREHENSIVE ENVIRONMENTAL

2 IMPACT STATEMENTS.—Not later than 18 months 

3 after the date of enactment of the Oregon and Cali4 fornia Land Grant Act of 2015, and every 5 years 

5 thereafter the Secretary shall publish notice in the 

6 Federal Register of the availability for public review 

7 of 2 draft comprehensive environmental impact 

8 statements for the vegetation management projects 

9 proposed to be carried out during the 5-year period, 

10 of which— 

11 ‘‘(A) 1 shall cover the Moist Forestry Em12 phasis Area and, of the Conservation Emphasis 

13 Areas designated under section 10— 

14 ‘‘(i) the Conservation Network that is 

15 predominantly moist forest; 

16 ‘‘(ii) the Late Successional Old17 Growth Forest Heritage Reserves; 

18 ‘‘(iii) the Drinking Water Special 

19 Management Units; 

20 ‘‘(iv) the Molalla National Recreation 

21 Area; 

22 ‘‘(v) the Crabtree Valley Primitive 

23 Backcountry Area; 

24 ‘‘(vi) the Brummit Fir Primitive 

25 Backcountry Area; 


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1 ‘‘(vii) the Kilchis Wild Salmon Refuge 

2 Area; and 

3 ‘‘(viii) the Protected Environmental 

4 Zones that are predominantly moist forest; 

5 and 

6 ‘‘(B) 1 shall cover the Dry Forestry Em7 phasis Area and, of the Conservation Emphasis 

8 Areas designated under section 10— 

9 ‘‘(i) the Conservation Network that is 

10 predominantly dry forest; 

11 ‘‘(ii) the Rogue Canyon National 

12 Recreation Area; 

13 ‘‘(iii) the Illinois Valley Salmon and 

14 Botanical Area; 

15 ‘‘(iv) the Grizzly Peak Primitive 

16 Backcountry Area; 

17 ‘‘(v) the Dakubetede Primitive 

18 Backcountry Area; 

19 ‘‘(vi) the Wellington Wildlands Primi20 tive Backcountry Area; 

21 ‘‘(vii) the Mungers Butte Primitive 

22 Backcountry Area; 

23 ‘‘(viii) the Pacific Crest Trail Cor24 ridor; 


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1 ‘‘(ix) the Applegate Primitive 

2 Backcountry Area; and 

3 ‘‘(x) the Protected Environment Zones 

4 that are predominantly dry forest. 

5 ‘‘(3) ALTERNATIVES.—Each draft comprehen6 sive environmental impact statement under this sub7 section shall analyze different locations for the rel8 evant vegetation management projects under— 

9 ‘‘(A) the no-action alternative; and 

10 ‘‘(B) 3 other alternatives that are con11 sistent with this Act. 

12 ‘‘(4) INTERAGENCY COORDINATION AND CO13 OPERATION.—The Secretary shall require the Direc14 tors of the Bureau of Land Management and the 

15 United States Fish and Wildlife Service to coordi16 nate and cooperate between their agencies, and shall 

17 coordinate and cooperate with the Secretary of Com18 merce in developing each draft comprehensive im19 pact statement under this subsection to ensure com20 pliance with the Endangered Species Act of 1973 

21 (16 U.S.C. 1531 et seq.). 

22 ‘‘(5) PUBLIC COMMENT.—The Secretary shall 

23 solicit public comment regarding the draft com24 prehensive environmental impact statements under 

25 subsection (b) during the 60-day period beginning 


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1 on the date on which the Secretary makes the draft 

2 comprehensive environmental impact statements 

3 available to the public. 

4 ‘‘(6) FINAL COMPREHENSIVE ENVIRONMENTAL

5 IMPACT STATEMENTS.—Not later than 27 months 

6 after the date of enactment of the Oregon and Cali7 fornia Land Grant Act of 2015, and 9 months after 

8 publication of subsequent draft comprehensive envi9 ronmental impact statements the Secretary— 

10 ‘‘(A) shall prepare 2 final comprehensive 

11 environmental impact statements for the vege12 tation management projects that have been 

13 identified in the draft comprehensive environ14 mental impact statements in paragraph (2); 

15 ‘‘(B) shall publish in the Federal Register 

16 a notice of availability for public review of the 

17 final comprehensive environmental impact state18 ments; and 

19 ‘‘(C) may publish the final comprehensive 

20 environmental impact statements in conjunction 

21 with the environmental impact assessments re22 lating to the land use plan developed by the Bu23 reau of Land Management for the covered land. 

24 ‘‘(7) RECORDS OF DECISION.—Except as pro25 vided in section 7(a), not later than 60 days after 


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1 the date on which a notice of availability of the final 

2 comprehensive environmental impact statements is 

3 published in the Federal Register, the Secretary 

4 shall issue a record of decision relating to the vege5 tation management projects analyzed in the final 

6 comprehensive environmental impact statements. 

7 ‘‘SEC. 7. OBJECTIONS; O&C ADMINISTRATIVE REVIEW 

8 PROCESS; JUDICIAL REVIEW. 

9 ‘‘(a) O&C ADMINISTRATIVE REVIEW PROCESS.— 

10 ‘‘(1) IN GENERAL.—During the 60-day period 

11 described in section 6(h)(7), an eligible person may 

12 file an objection to the final comprehensive environ13 mental impact statement, or during the first 15 days 

14 of the 90-day period described in section 7(b) an eli15 gible person may protest a proposed vegetation man16 agement project. This objection or protest must be 

17 used in lieu of any other appeal that may be avail18 able. A protest will be considered and treated as an 

19 objection in this subsection. 

20 ‘‘(2) ELIGIBILITY.—To be eligible to file an ob21 jection to the final environmental impact statement 

22 or a protest for a proposed vegetation management 

23 project under paragraph (1), a person shall have 

24 submitted to the Secretary during the 60-day period 

25 described in section 6(h)(5) written comments that 


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1 describe the objections to the action proposed under 

2 the final comprehensive environmental impact state3 ment. 

4 ‘‘(3) ELIGIBLE PROJECT LEVEL OBJECTIONS.— 

5 An objection to an individual vegetation manage6 ment project may only be filed under paragraph (1) 

7 if the objector can show— 

8 ‘‘(A)(i) a proposed activity under the vege9 tation management project is inconsistent with 

10 a record of decision; and 

11 ‘‘(ii) the likely impacts of that activity are 

12 inconsistent with the impacts analyzed in the 

13 final comprehensive environmental impact state14 ment; 

15 ‘‘(B) the vegetation management project 

16 violates the Endangered Species Act of 1973 

17 (16 U.S.C. 1531 et seq.) or the Federal Water 

18 Pollution Control Act (33 U.S.C. 1251 et seq.); 

19 or 

20 ‘‘(C)(i) in the circumstance of new infor21 mation, changed circumstances, or changed con22 ditions on a particular project that may result 

23 in significant negative environmental impacts 

24 that were not encompassed in the analysis in 


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1 the applicable final comprehensive environ2 mental impact statement; and 

3 ‘‘(ii) those circumstances were not consid4 ered in the final comprehensive environmental 

5 impact statement. 

6 ‘‘(4) RESPONSE.—The Secretary shall respond 

7 in writing to an objection filed under paragraph (1) 

8 not later than 30 days after the date on which the 

9 objection is filed. 

10 ‘‘(5) SUPPLEMENT.—In response to an objec11 tion filed under paragraph (1), the Secretary may 

12 supplement the final comprehensive environmental 

13 impact statement or the draft Record of Decision to 

14 reflect the objection. 

15 ‘‘(6) TIMING OF RECORD OF DECISION.—If a 

16 person files an objection under section 7(a)(1) relat17 ing to a final comprehensive environmental impact 

18 statement, the Secretary shall publish a record of 

19 decision for that final comprehensive environmental 

20 impact statement— 

21 ‘‘(A) immediately after the Secretary re22 sponds to the objection; or 

23 ‘‘(B) as soon as practicable after the date 

24 on which the Secretary supplements the final 


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1 comprehensive environmental impact statement 

2 to reflect that objection under section 7(a)(4). 

3 ‘‘(b) DELAY OF IMPLEMENTATION.—The Secretary 

4 shall not offer for a bid or implementation a vegetation 

5 management project pending the disposition of the objec6 tion. Not less than 90 days prior to actual commencement 

7 of the project, notice of a bid or implementation shall be 

8 published in the Federal Register and mailed electronically 

9 to each person that submitted comments on a comprehen10 sive environmental impact statement and requested a 

11 reply. 

12 ‘‘(c) JUDICIAL REVIEW.— 

13 ‘‘(1) IN GENERAL.—A person may only chal14 lenge a covered agency action in a United States dis15 trict court by bringing a covered civil action. 

16 ‘‘(2) VENUE.—Venue for any covered civil ac17 tion shall lie in the United States District Court for 

18 the District of Oregon or the United States District 

19 Court for the District of Columbia. 

20 ‘‘(3) ADDITIONAL STANDING REQUIREMENTS

21 FOR NEPA.—A person shall only have standing to 

22 bring a covered civil action under paragraph (1) for 

23 claims under the National Environmental Policy Act 

24 of 1969 (42 U.S.C. 4321 et seq.), if that person 

25 filed an objection under subsection (a)(1). 


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1 ‘‘(4) ELIGIBILITY.—A reviewing court under 

2 this subsection shall not consider any issue in a cov3 ered civil action unless the issue has previously been 

4 raised, in the discretion of the court, in writing in 

5 the administrative review process described in sec6 tion 7(a) or through other judicial notice provisions 

7 required by Federal law. 

8 ‘‘(5) LIMITATION OF ACTIONS.—A covered civil 

9 action shall not be maintained unless the covered 

10 civil action commenced not later than 75 days after 

11 the date on which the covered agency action to 

12 which the covered civil action relates is final. 

13 ‘‘(6) EXPEDITED PROCEEDINGS.— 

14 ‘‘(A) IN GENERAL.—Congress expects that 

15 judicial review of covered actions will be based 

16 on review of the administrative record prepared 

17 by the Secretary. 

18 ‘‘(B) DISPOSITION.—The disposition of the 

19 complaint, by summary judgment or any other 

20 mechanism, shall commence not later than 190 

21 days after the date on which the covered civil 

22 action is commenced. 

23 ‘‘(C) EXPEDITIOUS COMPLETION OF JUDI24 CIAL REVIEW.—Congress encourages a court of 

25 competent jurisdiction to expedite, to the maxVerDate Sep 11 2014 22:54 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 imum extent practicable, the proceedings in a 

2 covered civil action with the goal of rendering 

3 a final determination on the merits of the cov4 ered civil action as soon as practicable after the 

5 date on which a complaint or appeal is filed to 

6 initiate the action. 

7 ‘‘(7) APPLICABILITY.—Except as otherwise pro8 vided in this section, judicial review of a covered 

9 agency action shall be conducted in accordance with 

10 subchapter II of chapter 5, and chapter 7, of title 

11 5, United States Code (commonly known as the ‘Ad12 ministrative Procedure Act’). 

13 ‘‘SEC. 8. MOIST FORESTRY EMPHASIS AREA. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) CONFORMITY WITH PRINCIPLE OF SUS16 TAINED YIELD.—Timber from the Moist Forestry 

17 Emphasis Area shall be sold, cut, and removed in 

18 conformity with the principle of sustained yield as 

19 defined by the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1701 et seq.) and in 

21 accordance with the provisions of this Act. 

22 ‘‘(2) PRODUCTION LEVELS.—The Secretary 

23 shall maintain the highest consistent timber produc24 tion levels that can be sustained under ecological 


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1 forestry principles and other provisions described in 

2 this Act. 

3 ‘‘(3) CALCULATION.— 

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

5 calculate— 

6 ‘‘(i) the sustained yield and identify 

7 the quantity of timber the Secretary can 

8 produce as part of the draft comprehensive 

9 environmental impact statement required 

10 under this Act for the Moist Forestry Em11 phasis Area, not including riparian re12 serves established under section 4; and 

13 ‘‘(ii) the quantity of timber as a by14 product the Secretary can produce, as part 

15 of the Moist Forestry Emphasis Area, in16 cluding riparian reserves established under 

17 section 4, and the portions of the Con18 servation Emphasis Area, as described in 

19 the draft comprehensive environmental im20 pact statement under section 6(h)(2). 

21 ‘‘(B) REQUIREMENTS.—The Secretary 

22 shall— 

23 ‘‘(i) calculate the quantities under 

24 clauses (i) and (ii) of subparagraph (A) in 

25 5-year increments; and 


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1 ‘‘(ii) in calculating that quantity, clas2 sify the volume of timber that could be of3 fered from the various areas defined in 

4 subparagraph (A). 

5 ‘‘(b) MANAGEMENT OF MOIST FORESTRY EMPHASIS

6 AREA.— 

7 ‘‘(1) IN GENERAL.—Moist Forestry Emphasis 

8 Areas shall be managed in accordance with the prin9 ciples of ecological forestry. 

10 ‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES FOR

11 MOIST FORESTRY EMPHASIS AREAS.—The ecological 

12 forestry principles referred to in paragraph (1) re13 late to variable retention regeneration harvests and 

14 include— 

15 ‘‘(A) the retention of legacy trees; 

16 ‘‘(B) the acceleration of the development of 

17 structural complexity, including spatial hetero18 geneity, through the use of diverse silvicultural 

19 approaches, such as variable density and clump20 based thinning prescriptions; 

21 ‘‘(C) the implementation of variable reten22 tion regeneration harvesting activities that retain approximately 1 23 ⁄3 of the live basal area of 

24 the forest within the harvest area, primarily but 

25 not exclusively in aggregates, provided that 


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1 non-fish bearing stream riparian reserves within 

2 the harvest unit count towards retention, but 

3 other reserves, including riparian reserves on 

4 fish bearing streams, do not count; 

5 ‘‘(D) the development and maintenance of 

6 early seral ecosystems with diverse species fol7 lowing harvesting activities through the use of 

8 less intense approaches to site preparation and 

9 tree regeneration and nurturing of diverse early 

10 seral ecosystems; and 

11 ‘‘(E) the long-term establishment of a sil12 vicultural system that includes the development 

13 and management of multiaged, mixed-species 

14 stands. 

15 ‘‘(3) VARIABLE RETENTION REGENERATION

16 HARVEST.— 

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

18 designate not less than 4 percent and not great19 er than 6 percent of the moist forests described 

20 in paragraph (1) as land on which the Sec21 retary shall carry out during each 5 year period 

22 variable retention regeneration harvesting ac23 tivities, consistent with— 

24 ‘‘(i) this section and other provisions 

25 of this Act; 


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1 ‘‘(ii) the Endangered Species Act (16 

2 U.S.C. 1531 et seq.); and 

3 ‘‘(iii) the environmental impact state4 ment required under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.) as described in section 6. 

7 ‘‘(4) NORTHWEST FOREST PLAN APPLICA8 TION.—The Secretary shall identify 50,000 acres of 

9 Moist Forest Emphasis Area that— 

10 ‘‘(A) have been previously subject to forest 

11 management; 

12 ‘‘(B) whose trees are in the 80 year age 

13 class or younger; 

14 ‘‘(C) are not within 1 site-potential tree 

15 height of any stream, or within a source water 

16 emphasis area or a key watershed under the 

17 NWFP; 

18 ‘‘(D) are not within critical habitat; and 

19 ‘‘(E) apply the implementation of variable 

20 retention regeneration harvesting activities that 

retain approximately 1 21 ⁄4 of the live basal area of 

22 the forest within the harvest area, provided that 

23 non-fish bearing stream riparian reserves within 

24 the harvest unit count towards retention, but 

25 other reserves, including riparian reserves on 


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1 fish bearing streams, do not. In total, not less 

2 than 15 percent of the live basal area in the 

3 stand, excluding all reserves, must be retained. 

4 ‘‘(c) ROADS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall not in6 crease the total quantity of mileage of permanent, 

7 system and non-system roads that are operational in 

8 the Moist Forestry Emphasis Area to a quantity 

9 greater than the quantity of mileage in existence on 

10 the date of enactment of the Oregon and California 

11 Land Grant Act of 2015, excluding roads con12 structed pursuant to reciprocal rights of way agree13 ments, easement obligations or other access rights of 

14 non-Federal parties in effect as of enactment of the 

15 Oregon and California Land Grant Act of 2015, 

16 subject to the rights of the owner of adjacent private 

17 land as set forth in sections 3(e) and 3(j) of this 

18 Act. 

19 ‘‘(2) SYSTEM ROADS.—The Secretary— 

20 ‘‘(A) may construct new system roads out21 side of the riparian reserves to carry out a vege22 tation management project under this Act; and 

23 ‘‘(B) subject to the availability of appro24 priations and to the maximum extent prac25 ticable, shall reduce the quantity of mileage of 


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1 system roads by decommissioning roads, subject 

2 to the rights of the owner of adjacent private 

3 land as set forth in sections 3(e) and 3(j) of 

4 this Act, provided that decommissioning shall 

5 be done with an adjacent private landowner if— 

6 ‘‘(i) the adjacent private landowner is 

7 a party to a reciprocal right-of-way agree8 ment covering an area which includes the 

9 road in question; or 

10 ‘‘(ii) the decommissioning would re11 move or increase the cost of vehicular ac12 cess to the adjacent private land. 

13 ‘‘(3) NON-SYSTEM ROADS.—Subject to the 

14 availability of appropriations, the Secretary shall an15 nually reduce the total quantity of mileage of non16 system roads. 

17 ‘‘(4) TEMPORARY ROADS.—If the Secretary 

18 constructs a temporary road as part of a vegetation 

19 management project, the Secretary shall close and 

20 decommission the temporary road not later than the 

21 earlier of— 

22 ‘‘(A) the date that is 2 years after the date 

23 on which the activity for which the temporary 

24 road was constructed is completed; and 


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1 ‘‘(B) the date that is 1 year after the date 

2 on which the vegetation management project is 

3 completed. 

4 ‘‘SEC. 9. DRY FORESTRY EMPHASIS AREA. 

5 ‘‘(a) IN GENERAL.— 

6 ‘‘(1) The Secretary shall manage the Dry For7 estry Emphasis Area to increase the resiliency of the 

8 stands by reducing the risk from uncharacteristic 

9 wildfires, droughts, and insect or disease events 

10 while maintaining consistent timber production levels 

11 that can be sustained under ecological forestry prin12 ciples and other provisions described in this Act. 

13 ‘‘(2) CONFORMITY WITH PRINCIPLE OF SUS14 TAINED YIELD.—Timber from the Dry Forestry Em15 phasis Area shall be sold, cut, and removed in con16 formity with the principle of sustained yield as de17 fined by the Federal Land Policy and Management 

18 Act of 1976 (43 U.S.C. 1701 et seq.) and in accord19 ance with the provisions of this Act. 

20 ‘‘(3) PRODUCTION LEVELS.—The Secretary 

21 shall maintain the highest consistent timber produc22 tion levels that can be sustained under ecological 

23 forestry principles and other provisions described in 

24 this Act. 

25 ‘‘(4) CALCULATION.— 


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

2 calculate— 

3 ‘‘(i) the sustained yield and identify 

4 the quantity of timber the Secretary can 

5 produce as part of the draft comprehensive 

6 environmental impact statement required 

7 under this Act for the Dry Forestry Em8 phasis Area, not including riparian re9 serves established under section 4; and 

10 ‘‘(ii) the quantity of timber as a by11 product the Secretary can produce, as part 

12 of the Dry Forestry Emphasis Area, in13 cluding riparian reserves established under 

14 section 4, and the portions of the Con15 servation Emphasis Area, as described in 

16 the draft comprehensive environmental im17 pact statement under section 6. 

18 ‘‘(b) REQUIREMENTS.—The Secretary shall main19 tain, restore, or improve conditions of tree density, tree 

20 composition, and tree size distribution that will result in 

21 a stand with a high level of resistance and resilience to 

22 uncharacteristic wildfires, droughts, and insect events. 

23 ‘‘(c) PRIORITY.—In carrying out vegetation manage24 ment projects, the Secretary shall give priority to areas 

25 that contain important components, including— 


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1 ‘‘(1) communities in the wildland-urban inter2 face (as defined in section 101 of the Healthy For3 ests Restoration Act of 2003 (16 U.S.C. 6511)); and 

4 ‘‘(2) valuable forest structures, such as legacy 

5 trees and oak savannas that are in need of restora6 tion or are in danger from uncharacteristic fire. 

7 ‘‘(d) MANAGEMENT OF DRY FORESTRY EMPHASIS

8 AREAS.— 

9 ‘‘(1) IN GENERAL.—Dry Forestry Emphasis 

10 Areas shall be managed in accordance with ecologi11 cal forestry principles described in paragraph (2). 

12 ‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES IN

13 DRY FORESTS.—The ecological forestry principles re14 ferred to in paragraph (1) include— 

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

16 survivability of legacy trees through the reduc17 tion of adjacent fuels and competing vegetation 

18 to promote resilience against mortality from in19 sects, disease, and fire; 

20 ‘‘(B) the retention and protection of impor21 tant structures such as large hardwoods, snags, 

22 and logs; 

23 ‘‘(C) the reduction of overall stand den24 sities through partial cutting in an effort— 


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1 ‘‘(i) to reduce basal areas to desired 

2 levels, particularly in overstocked stands; 

3 ‘‘(ii) to increase the mean stand di4 ameter; and 

5 ‘‘(iii) to shift the composition of 

6 stands to fire- and drought-tolerant spe7 cies; 

8 ‘‘(D) the restoration of spatial hetero9 geneity through the variation of the treatment 

10 of stands, such as by leaving untreated patches, 

11 creating openings, and establishing tree clumps 

12 and isolated single trees; 

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

14 of shade-intolerant species in created openings; 

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

16 restoration process; 

17 ‘‘(G) the maintenance of sustainable and 

18 fire-resilient conditions in perpetuity through 

19 both passive and active management of the dry 

20 forests in accordance with this subsection, in21 cluding the treatment of activity fuels and other 

22 surface and ladder fuels and understory vegeta23 tion using prescribed fire, natural fire or me24 chanical activities; and 


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1 ‘‘(H) the retention of a basal area after a 

2 partial cut that is not less than 35 percent of 

3 the initial basal area of the sale. 

4 ‘‘(e) ROADS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall not in6 crease the total quantity of mileage of system roads 

7 that are operational in the Dry Forestry Emphasis 

8 Area to a quantity greater than the quantity of mile9 age in existence on the date of enactment of the Or10 egon and California Land Grant Act of 2015, ex11 cluding roads constructed pursuant to reciprocal 

12 rights of way agreements, easement obligations or 

13 other access rights of non-Federal parties in effect 

14 as of enactment of the Oregon and California Land 

15 Grant Act of 2015, subject to the rights of the 

16 owner of adjacent private land as set forth in sec17 tions 3(e) and 3(j) of this Act. 

18 ‘‘(2) SYSTEM ROADS.—The Secretary— 

19 ‘‘(A) may construct new system roads to 

20 carry out a vegetation management project; and 

21 ‘‘(B) subject to the availability of appro22 priations, shall decommission or place into stor23 age all system roads that the Secretary has not 

24 planned to use in the next 5 years for vegeta25 tion management projects or administrative 


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1 purposes, subject to the rights of the owner of 

2 adjacent private land as set forth in sections 

3 3(e) and 3(j) of this Act, provided that decom4 missioning shall be done with an adjacent pri5 vate landowner if— 

6 ‘‘(i) the adjacent private landowner is 

7 a party to a reciprocal right-of-way agree8 ment covering an area which includes the 

9 road in question; or 

10 ‘‘(ii) the decommissioning would re11 move or increase the cost of vehicular ac12 cess to the adjacent private land. 

13 ‘‘(3) NONSYSTEM ROADS.—Subject to the avail14 ability of appropriations, the Secretary shall annu15 ally reduce the total quantity of mileage of non16 system roads by decommissioning. 

17 ‘‘(4) TEMPORARY ROADS.—If the Secretary 

18 constructs a temporary road as part of a vegetation 

19 management project, the Secretary shall close and 

20 decommission the temporary road not later than the 

21 earlier of— 

22 ‘‘(A) the date that is 2 years after the date 

23 on which the activity for which the temporary 

24 road was constructed is completed; and 


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1 ‘‘(B) the date that is 1 year after the date 

2 on which the vegetation management project is 

3 completed. 

4 ‘‘SEC. 10. CONSERVATION EMPHASIS AREAS. 

5 ‘‘(a) CONSERVATION NETWORKS.—The approxi6 mately 690,000 acres of land managed by the Secretary, 

7 as generally depicted as ‘Conservation Network’ on the 

8 map entitled ‘O&C Land Grant Act of 2014: Conservation 

9 Network’ and dated November 3, 2014, which is des10 ignated as the Conservation Network, the purpose of 

11 which is to create forest reserves providing ecological bene12 fits and protect conservation values, including providing 

13 late successional old-growth forest complex habitat, com14 plex early successional habitat, aquatic and riparian pro15 tection, fish and wildlife benefits, recreational and edu16 cational opportunities and other natural processes needed 

17 for the healthy functioning of the ecosystem, shall be man18 aged in accordance with subsection (h). 

19 ‘‘(b) LATE SUCCESSIONAL OLD-GROWTH FOREST

20 HERITAGE RESERVES.—The approximately 510,000 acres 

21 of land managed by the Secretary, as generally depicted 

22 on the map entitled ‘O & C Land Grant Act of 2014: Late 

23 Successional Old-Growth Forest Heritage Reserves’ and 

24 dated November 3, 2014, which is designated as the ‘Late 

25 Successional Old-Growth Forest Heritage Reserves’, the 


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1 purpose of which is to protect and preserve Moist Forest 

2 stands that, as of the date of enactment of the Oregon 

3 and California Land Grant Act of 2015, contain a 90 year 

4 or above age class, shall be managed by the Secretary in 

5 a manner that does not allow harvesting of any tree within 

6 the area. 

7 ‘‘(c) SPECIAL MANAGEMENT UNITS.— 

8 ‘‘(1) DESIGNATION.—For the purposes of en9 suring the protection of the watersheds as a source 

10 of clean drinking water, to safeguard the water qual11 ity and quantity in the areas, and to allow visitors 

12 to enjoy the special scenic, natural, cultural, and fish 

13 and wildlife values of the watersheds, the following 

14 areas in the State of Oregon are designated as spe15 cial management units for special management by 

16 the Secretary in accordance with subsection (h) and 

17 this subsection: 

18 ‘‘(A) MCKENZIE DRINKING WATER SPE19 CIAL MANAGEMENT UNIT.—The approximately 

20 12,042 acres of land managed by the Secretary, 

21 as generally depicted on the map entitled ‘O&C 

22 Land Grant Act of 2014: McKenzie Source 

23 Water Emphasis Area’ and dated November 3, 

24 2014, which is designated as the ‘McKenzie 

25 Drinking Water Special Management Unit’. 


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1 ‘‘(B) HILLSBORO DRINKING WATER SPE2 CIAL MANAGEMENT UNIT.—The approximately 

3 1,243 acres of land managed by the Secretary, 

4 as generally depicted on the map entitled ‘O&C 

5 Land Grant Act of 2014: Hillsboro Source 

6 Water Emphasis Area’ and dated November 3, 

7 2014, which is designated as the ‘Hillsboro 

8 Drinking Water Special Management Unit’. 

9 ‘‘(C) CLACKAMAS DRINKING WATER SPE10 CIAL MANAGEMENT UNIT.—The approximately 

11 416 acres of land managed by the Secretary, as 

12 generally depicted on the map entitled ‘O&C 

13 Land Grant Act of 2014: Clackamas Source 

14 Water Emphasis Area’ and dated November 3, 

15 2014, which is designated as the ‘Clackamas 

16 Drinking Water Special Management Unit’. 

17 ‘‘(D) SPRINGFIELD DRINKING WATER SPE18 CIAL MANAGEMENT UNIT.—The approximately 

19 3,161 acres of land managed by the Secretary, 

20 as generally depicted on the map entitled ‘O&C 

21 Land Grant Act of 2014: Springfield Source 

22 Water Emphasis Area’ and dated November 3, 

23 2014, which is designated as the ‘Springfield 

24 Drinking Water Special Management Unit’. 


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1 ‘‘(2) LIVESTOCK.—The grazing of livestock 

2 shall not be allowed within a special management 

3 unit designated by paragraph (1). 

4 ‘‘(d) NATIONAL RECREATION AREAS.—For the pur5 poses of protecting, conserving, and enhancing the unique 

6 and nationally important recreational, ecological, scenic, 

7 cultural, watershed, and fish and wildlife values of the 

8 areas, the following areas in the State of Oregon are des9 ignated as recreation areas for management by the Sec10 retary in accordance with subsection (h): 

11 ‘‘(1) ROGUE CANYON NATIONAL RECREATION

12 AREA.—The approximately 94,700 acres of Bureau 

13 of Land Management land, within the boundary gen14 erally depicted on the map entitled ‘O&C Land 

15 Grant Act of 2014: Rogue Canyon National Recre16 ation Area’ and dated November 3, 2014, which is 

17 designated as the ‘Rogue Canyon National Recre18 ation Area’. 

19 ‘‘(2) MOLALLA NATIONAL RECREATION AREA.— 

20 The approximately 24,100 acres of Bureau of Land 

21 Management land, within the boundary generally de22 picted on the map entitled ‘O&C Land Grant Act of 

23 2014: Molalla National Recreation Area’ and dated 

24 November 3, 2014, which is designated as the 

25 ‘Molalla National Recreation Area’. 


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1 ‘‘(e) SPECIAL MANAGEMENT AREAS.—For the pur2 poses of protecting, preserving and enhancing the natural 

3 character, scientific use, and the botanical, recreational, 

4 ecological, fish and wildlife, scenic, drinking water, or cul5 tural values of the areas or to preserve opportunities for 

6 primitive recreation, the following areas in the State of 

7 Oregon are designated for special management by the Sec8 retary in accordance with subsection (h): 

9 ‘‘(1) ILLINOIS VALLEY SALMON AND BOTANICAL

10 SPECIAL MANAGEMENT AREA.—The approximately 

11 15,000 acres of Bureau of Land Management land, 

12 as generally depicted on the map entitled ‘O&C 

13 Land Grant Act of 2014: Illinois Valley Salmon and 

14 Botanical Area’ and dated November 3, 2014, which 

15 is designated as the ‘Illinois Valley Salmon and Bo16 tanical Special Management Area’. 

17 ‘‘(2) KILCHIS WILD SALMON REFUGE AREA.— 

18 The approximately 9,000 acres of Bureau of Land 

19 Management land, as generally depicted on the map 

20 entitled ‘O&C Land Grant Act of 2014: Kilchis Wild 

21 Salmon Refuge Area’ and dated November 3, 2014, 

22 which is designated as the ‘Kilchis Wild Salmon Ref23 uge Area’. 

24 ‘‘(3) SMITH RIVER SALMON RESTORATION

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1 sure the protection, maintenance and restoration of 

2 the salmonid resources of these rivers segments. The 

3 riparian areas along the mainstem of the Smith 

4 River, from the confluence of Spencer Creek (Smith 

5 River mile 22.8), upstream to Clabber Creek (Smith 

6 River mile 60.5), which flows through the covered 

7 land and the mainstem of the West Fork of the 

8 Smith River, from the confluence of W. Fork Smith 

9 river with the main stem Smith River (Smith River 

10 mile 34.5) upstream along the West Fork of the 

11 Smith River to the junction of Upper W. Fork 

12 Smith River Road (W. Fork Smith River mile 

13 12.43), which flows through the covered land, will be 

14 managed to under section 4(a)(1 of this Act without 

15 modifications under 4(a)(2). 

16 ‘‘(4) GRIZZLY PEAK PRIMITIVE BACKCOUNTRY

17 SPECIAL MANAGEMENT AREA.—The approximately 

18 2,100 acres of Bureau of Land Management land, 

19 as generally depicted on the map entitled ‘O&C 

20 Land Grant Act of 2014: Grizzly Peak Primitive 

21 Backcountry Area’ and dated November 3, 2014, 

22 which is designated as the ‘Grizzly Peak Primitive 

23 Backcountry Special Management Area’. 

24 ‘‘(5) DAKUBETEDE PRIMITIVE BACKCOUNTRY

25 SPECIAL MANAGEMENT AREA.—The approximately 


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1 21,200 acres of Bureau of Land Management land, 

2 as generally depicted on the map entitled ‘O&C 

3 Land Grant Act of 2014: Dakubetede Primitive 

4 Backcountry Area’ and dated November 3, 2014, 

5 which is designated as the ‘Dakubetede Primitive 

6 Backcountry Special Management Area’. 

7 ‘‘(6) WELLINGTON WILDLANDS PRIMITIVE

8 BACKCOUNTRY SPECIAL MANAGEMENT AREA.—The 

9 approximately 5,700 acres of Bureau of Land Man10 agement land, as generally depicted on the map enti11 tled ‘O&C Land Grant Act of 2014: Wellington 

12 Wildlands Primitive Backcountry Area’ and dated 

13 November 3, 2014, which is designated as the ‘Wel14 lington Wildlands Primitive Backcountry Special 

15 Management Area’. 

16 ‘‘(7) MUNGERS BUTTE PRIMITIVE

17 BACKCOUNTRY SPECIAL MANAGEMENT AREA.—The 

18 approximately 10,200 acres of Bureau of Land Man19 agement land, as generally depicted on the map enti20 tled ‘O&C Land Grant Act of 2014: Mungers Butte 

21 Primitive Backcountry Area’ and dated November 3, 

22 2014, which is designated as the ‘Mungers Butte 

23 Primitive Backcountry Special Management Area’. 

24 ‘‘(8) BRUMMIT FIR PRIMITIVE BACKCOUNTRY

25 SPECIAL MANAGEMENT AREA.—The approximately 


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1 2,000 acres of Bureau of Land Management land, 

2 as generally depicted on the map entitled ‘O&C 

3 Land Grant Act of 2014: Brummit Fir Primitive 

4 Backcountry Area’ and dated November 3, 2014, 

5 which is designated as the ‘Brummit Fir Primitive 

6 Backcountry Special Management Area’. 

7 ‘‘(9) CRABTREE VALLEY PRIMITIVE

8 BACKCOUNTRY SPECIAL MANAGEMENT AREA.—The 

9 approximately 2,100 acres of Bureau of Land Man10 agement land, as generally depicted on the map enti11 tled ‘O&C Land Grant Act of 2014: Crabtree Valley 

12 Primitive Backcountry Area’ and dated November 3, 

13 2014, which is designated as the ‘Crabtree Valley 

14 Primitive Backcountry Special Management Area’. 

15 ‘‘(10) APPLEGATE PRIMITIVE BACKCOUNTRY

16 SPECIAL MANAGEMENT AREA.—The approximately 

17 9,000 acres of Bureau of Land Management land, 

18 as generally depicted on the map entitled ‘O&C 

19 Land Grant Act of 2014: Crabtree Valley Primitive 

20 Backcountry Area’ and dated November 1, 2014, 

21 which is designated as the ‘Crabtree Valley Primitive 

22 Backcountry Special Management Area’. 

23 ‘‘(11) PROTECTED ENVIRONMENTAL ZONE SPE24 CIAL MANAGEMENT AREA.—The approximately 

25 95,767 acres of land administered by the Secretary, 


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1 as generally depicted on the map entitled ‘O&C 

2 Land Grant Act of 2014: Special Environmental 

3 Zones’ and dated November 3, 2014, which is des4 ignated as the ‘Special Environmental Zone Special 

5 Management Area’. 

6 ‘‘(12) CATHEDRAL HILLS NATURAL AND

7 RECREATION AREA.—The approximately 560 acres 

8 of land administered by the Secretary, as generally 

9 depicted on the map entitled ‘Cathedral Hills Nat10 ural and Recreation Area’ and dated January 5, 

11 2015, which is designated as the ‘Cathedral Hills 

12 Natural and Recreation Area’. 

13 ‘‘(f) CASCADE-SISKIYOU NATIONAL MONUMENT EX14 PANSION.—Subject to valid existing rights, the Secretary 

15 shall administer the approximately 2,050 acres of land ad16 ministered by the Director of the Bureau of Land Man17 agement generally depicted on the map entitled ‘O&C 

18 Land Grant Act of 2014: Cascade-Siskiyou National 

19 Monument Expansion’ and dated November 3, 2014, as 

20 part of the Cascade-Siskiyou National Monument and sub21 ject to the same proclamation, regulations, rules and poli22 cies that apply to the rest of the national monument. 

23 ‘‘(g) PACIFIC CREST TRAIL PROTECTION COR24 RIDOR.— 


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1 ‘‘(1) ESTABLISHMENT.—There is designated in 

2 the State of Oregon a protective corridor for the Pa3 cific Crest National Scenic Trail, to be known as the 

4 ‘Pacific Crest Trail Protection Corridor’, consisting 

5 of all Bureau of Land Management land located 

within approximately 1 6 ⁄4 mile on either side of the 

7 Pacific Crest National Scenic Trail, beginning at the 

8 west boundary of Section 23, T.40.S, R.7.W, W.M. 

9 at the border of the Klamath National Forest in the 

10 Siskiyou Mountains, continuing approximately 45 

11 miles and ending at the eastern boundary Section 

12 13, T.38.S, R.4.E, W.M near the southern boundary 

13 of the Rogue River National Forest in the Cascade 

14 Range, to be managed by the Secretary in accord15 ance with subsection (h). 

16 ‘‘(2) PURPOSES.—The purposes of the Pacific 

17 Crest Trail Protection Corridor are to protect and 

18 enhance the recreational, scenic, historic, and wild19 life values of the Pacific Crest National Scenic Trail 

20 in as natural and undeveloped a state as practicable. 

21 ‘‘(3) FOREST ROADS.—Forest roads crossing 

22 the Pacific Crest Trail Protection Corridor or within 

23 the Pacific Crest Trail Protection Corridor shall be 

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1 ministration of adjacent public land, as determined 

2 by the Secretary in applicable management plans. 

3 ‘‘(h) ADMINISTRATION.— 

4 ‘‘(1) MAPS AND LEGAL DESCRIPTIONS.— 

5 ‘‘(A) IN GENERAL.—As soon as practicable 

6 after the date of enactment of the Oregon and 

7 California Land Grant Act of 2015, the Sec8 retary shall a prepare a map and legal descrip9 tion of each Conservation Emphasis Area. 

10 ‘‘(B) EFFECT.—The maps and legal de11 scriptions prepared under subparagraph (A) 

12 shall have the same force and effect as if in13 cluded in this Act, except that the Secretary 

14 may correct any minor errors in the maps and 

15 legal descriptions. 

16 ‘‘(C) PUBLIC AVAILABILITY.—The maps 

17 and legal descriptions prepared under subpara18 graph (A) shall be available for public inspec19 tion in the appropriate offices of the Bureau of 

20 Land Management. 

21 ‘‘(2) ADMINISTRATION.— 

22 ‘‘(A) APPLICABLE LAW.—The Secretary 

23 shall administer each Conservation Emphasis 

24 Area— 


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1 ‘‘(i) in a manner that furthers the 

2 purposes for which the Conservation Em3 phasis Area was established; and 

4 ‘‘(ii) in accordance with— 

5 ‘‘(I) this subsection; 

6 ‘‘(II) the Federal Land Policy 

7 and Management Act of 1976 (43 

8 U.S.C. 1701 et seq.); and 

9 ‘‘(III) any other applicable Fed10 eral laws. 

11 ‘‘(B) USES.—The Secretary shall only 

12 allow uses of a Conservation Emphasis Area 

13 that are consistent with the purposes and val14 ues for which the Conservation Emphasis Area 

15 is established. 

16 ‘‘(C) WITHDRAWAL.—Subject to valid ex17 isting rights, all Federal surface and subsurface 

18 land within a Conservation Emphasis Area is 

19 withdrawn from— 

20 ‘‘(i) all forms of entry, appropriation, 

21 or disposal under the public land laws; 

22 ‘‘(ii) location, entry, and patent under 

23 the mining laws; and 

24 ‘‘(iii) operation under the mineral 

25 leasing and geothermal leasing laws. 


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1 ‘‘(3) ADJACENT MANAGEMENT.—Nothing in 

2 this section creates any protective perimeter or buff3 er zone around an area designated under this sec4 tion. 

5 ‘‘(4) USE OF MOTORIZED VEHICLES.—The use 

6 of motorized vehicles within the Conservation Em7 phasis Areas shall be limited to roads allowed by the 

8 Secretary for such use, provided that the Secretary 

9 may allow off-road vehicle use in designated portions 

10 of the areas designated by this section if such use 

11 is consistent with the purposes and values for which 

12 the area was designated. 

13 ‘‘(5) FOREST MANAGEMENT.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), in the Conservation Emphasis Area 

16 (other than a special management area des17 ignated by subsection (e)), the cutting, sale, or 

18 removal of timber may be permitted— 

19 ‘‘(i) to the extent necessary to im20 prove forest health in ways that also— 

21 ‘‘(I) improve the habitats of 

22 threatened or endangered species or 

23 species considered sensitive by the 

24 Secretary over the long term after 


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1 completion of the vegetation manage2 ment project; or 

3 ‘‘(II) in the case of harvests in 

4 moist forest sites, is conducted— 

5 ‘‘(aa) through variable den6 sity and clump based thinning; 

7 ‘‘(bb) in a manner that re8 tains legacy trees; and 

9 ‘‘(III) in the case of dry forests, 

10 through partial cutting in a manner 

11 that retains legacy trees; 

12 ‘‘(ii) is also in furtherance of the pur13 poses for which the Conservation Emphasis 

14 Area was established; or 

15 ‘‘(iii) for de minimis personal or ad16 ministrative use within a Conservation 

17 Emphasis Area established in subsection 

18 (a), if the use would not impact the pur19 poses for which the Conservation Network 

20 was established. 

21 ‘‘(B) EXCEPTIONS.—Notwithstanding sub22 paragraph (A), forest thinning and vegetation 

23 treatments may be permitted in a special man24 agement area designated by subsection (e), if 

25 the purpose of the treatments is— 


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1 ‘‘(i) to improve forest health in a case 

2 in which the forest is threatened by 

3 uncharacteristic fire, an insect event, or 

4 disease; 

5 ‘‘(ii) to improve or maintain rec6 reational facilities and opportunities; or 

7 ‘‘(iii) to protect public health or safe8 ty. 

9 ‘‘(C) CALCULATION.—The Secretary shall 

10 calculate the quantity of timber that the Sec11 retary would produce from the Conservation 

12 Emphasis Areas as a byproduct of the con13 servation management, not including riparian 

14 reserves established under section 4 and Late 

15 Successional Old-Growth Heritage Reserves. 

16 ‘‘(i) ROADS.— 

17 ‘‘(1) IN GENERAL.—The Secretary, to the max18 imum extent practicable, shall decrease the total 

19 mileage of system roads that are operational in the 

20 Conservation Emphasis Areas to a quantity less 

21 than the quantity of mileage in existence on the date 

22 of enactment of the Oregon and California Land 

23 Grant Act of 2015. The Secretary shall prioritize de24 creasing the mileage of the road network in order to 


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1 reduce impacts to water quality from sediment deliv2 ered to streams by forest roads. 

3 ‘‘(2) TEMPORARY ROADS.—If the Secretary 

4 constructs a temporary road as part of a vegetation 

5 management project, the Secretary shall close and 

6 decommission the temporary road not later than the 

7 earlier of— 

8 ‘‘(A) the date that is 2 years after the date 

9 on which the activity for which the temporary 

10 road was constructed is completed; and 

11 ‘‘(B) the date that is 1 year after the date 

12 on which the vegetation management project is 

13 completed. 

14 ‘‘(3) NO NEW ROADS.—The Secretary shall pro15 hibit any new system or nonsystem road within the 

16 Conservation Emphasis Areas and key watersheds 

17 under the NWFP after the date of enactment of the 

18 Oregon and California Land Grant Act of 2015 ex19 cept as necessary, where no practicable alternative 

20 exists and subject to the availability of appropria21 tions. The Secretary shall also prohibit the construc22 tion of any new road in any roadless area or areas 

23 with wilderness characteristics. 


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1 ‘‘(4) ROADS IN RIPARIAN AREAS.—Require2 ments in section 4(b) apply to riparian reserves in 

3 the Conservation Emphasis Areas. 

4 ‘‘SEC. 11. LAND MANAGEMENT RATIONALIZATION. 

5 ‘‘(a) IN GENERAL.—The Secretary may exchange 

6 Federal land in the Moist Forestry Emphasis Area or the 

7 Dry Forestry Emphasis Area or the Conservation Empha8 sis Area or interests in the Federal land in the Emphasis 

9 Areas for adjacent non-Federal land or interests in the 

10 non-Federal land if— 

11 ‘‘(1) the Federal land does not contain critical 

12 habitat for a species listed under the Endangered 

13 Species Act of 1973 (16 U.S.C. 1531 et seq.); 

14 ‘‘(2) the Federal land is not identified in the 

15 landscape prioritization plan developed under section 

16 6(a); 

17 ‘‘(3) the Secretary determines that the land ex18 change would facilitate the administration of the 

19 Moist Forestry Emphasis Area or Dry Forestry Em20 phasis Area or the Conservation Emphasis Area; 

21 and 

22 ‘‘(4) the Secretary determines that the land ex23 change is in the public interest, including, but not 

24 limited to, the acknowledgment that the consolida25 tion of Federal land and non-Federal land and the 


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1 enhancement of conservation values are in the in 

2 public interest. 

3 ‘‘(b) BUREAU OF LAND MANAGEMENT LAND TO THE

4 FOREST SERVICE.— 

5 ‘‘(1) IN GENERAL.—The approximately 25,000 

6 acres of land, as generally depicted as ‘BLM to 

7 USFS’ on the map entitled ‘O & C Land Grant Act 

8 of 2014: Land Management Rationalization’ and 

9 dated November 3, 2014, are transferred to the ad10 ministration of the Forest Service in the Depart11 ment of Agriculture from the administration of the 

12 Department of the Interior Bureau of Land Man13 agement. 

14 ‘‘(2) MANAGEMENT.—The Secretary of Agri15 culture, through the Chief of the Forest Service, 

16 shall manage the land described in paragraph (1): 

17 ‘‘(A) as other National Forest Systems 

18 land and subject to the same statutes, regula19 tions and policies; 

20 ‘‘(B) as they have been generally managed 

21 under the Northwest Forest Plan and the ap22 propriate Bureau of Land Management re23 source management plan at least until revised 

24 in a land and resource management plan revi25 sion; and 


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1 ‘‘(C) under any specific statutes that may 

2 apply to any of the land. 

3 ‘‘(3) NATIONAL FOREST BOUNDARIES.—The 

4 Secretary of Agriculture, through the Chief of the 

5 Forest Service, shall adjust the official boundaries of 

6 the relevant national forests to accommodate the in7 clusion of the land described in paragraph (1). 

8 ‘‘(c) FOREST SERVICE LAND TO THE BUREAU OF

9 LAND MANAGEMENT.— 

10 ‘‘(1) LAND FOR MANAGEMENT RATIONALIZA11 TION BETWEEN BUREAU OF LAND MANAGEMENT

12 AND FOREST SERVICE.—Not later than 30 days 

13 after the date of enactment of the Oregon and Cali14 fornia Land Grant Act of 2015, the Secretary of Ag15 riculture shall identify for transfer to the Secretary 

16 of the Interior approximately 102,000 acres of U.S. 

17 Forest Service land, some of which is identified on 

18 the map entitled ‘O&C Land Grant Act of 2014: 

19 Land Management Rationalization’ and dated No20 vember 3, 2014, with the following criteria— 

21 ‘‘(A) adjacent to existing Bureau of Land 

22 Management covered land under this Act; 

23 ‘‘(B) facilitates management by reducing 

24 fragmentation and creating more contiguous 


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1 parcels of land for both the U.S. Forest Service 

2 and Bureau of Land Management land; 

3 ‘‘(C) appropriate for designation into Moist 

4 or Dry Forestry Emphasis Areas as identified 

5 in this Act; and 

6 ‘‘(D) not within— 

7 ‘‘(i) inventoried roadless areas; 

8 ‘‘(ii) wilderness or other designated 

9 conservation areas; or 

10 ‘‘(iii) critical habitat. 

11 ‘‘(2) MANAGEMENT.—The Secretary shall man12 age the land described in subparagraph (1) under 

13 this Act, including section 4(a)(1) without modifica14 tion under section 4(a)(2). 

15 ‘‘(3) LAND MANAGEMENT RATIONALIZATION

16 WITHIN THE BUREAU OF LAND MANAGEMENT.—Not 

17 later than 30 days after completion of actions re18 quired under paragraph (1), the Secretary of Agri19 culture and the Secretary of the Interior shall iden20 tify for transfer to the Secretary of the Interior not 

21 less than 206,000 acres of Forest Service land eco22 logically associated with the acres identified in para23 graph (1) and other covered land, suitable for con24 servation protection. 

25 ‘‘(4) LAND ALLOCATION.— 


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1 ‘‘(A) FOREST EMPHASIS AREAS.—The Sec2 retary shall allocate, as most appropriately con3 sistent with this Act, the land described in 

4 paragraph (1) into— 

5 ‘‘(i) moist forestry emphasis area sub6 ject to the provisions of section 8; or 

7 ‘‘(ii) dry forestry emphasis area sub8 ject to the provisions of section 9. 

9 ‘‘(B) CONSERVATION EMPHASIS AREAS.— 

10 The Secretary shall designate the land de11 scribed in paragraph (3) as Conservation Em12 phasis Areas to be managed under section 10 

13 and section 4(a)(1) without modification under 

14 section 4(a)(2) of this Act. 

15 ‘‘(5) REPORT TO CONGRESS.— 

16 ‘‘(A) IN GENERAL.—Within 1 year of the 

17 date of enactment of the Oregon and California 

18 Land Grant Act of 2015, the Secretary shall 

19 submit to the Committee on Energy and Nat20 ural Resources of the Senate and the Com21 mittee on Natural Resources of the House of 

22 Representatives a report detailing how, after 

23 consideration of public comment in subpara24 graph (B), the land described in paragraph (1) 

25 were allocated pursuant to paragraph (3). 


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1 ‘‘(B) PUBLIC COMMENT.—Before submit2 ting the report as required in subparagraph 

3 (A), the Secretary shall make a draft available 

4 for public comment for no less than 60 days. 

5 ‘‘(d) ARMY CORPS OF ENGINEERS LAND TO THE BU6 REAU OF LAND MANAGEMENT.— 

7 ‘‘(1) IN GENERAL.—The approximately 3,502 

8 acres of land, as generally depicted as ‘USACE to 

9 BLM’ on the map entitled ‘O & C Land Grant Act 

10 of 2014: Land Management Rationalization’ and 

11 dated November 3, 2014, are transferred to the ad12 ministration of the Bureau of Land Management in 

13 the Department of the Interior from the administra14 tion of the United States Army Corps of Engineers. 

15 ‘‘(2) MANAGEMENT.— 

16 ‘‘(A) BUREAU OF LAND MANAGEMENT.— 

17 The Secretary shall— 

18 ‘‘(i) allocate as appropriate the trans19 ferred land that are not within the Elk 

20 Creek Wild and Scenic River management 

21 corridor, to the Dry Areas Conservation 

22 Network or the Moist Areas Conservation 

23 Network established in Sec. 10(a); and 

24 ‘‘(ii) manage the transferred land con25 sistent with this Act. 


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1 ‘‘(B) U.S. ARMY CORPS OF ENGINEERS.— 

2 The Secretary of the Army, through the Corps 

3 of Engineers, will continue to have the obliga4 tion to maintain the safe condition of the Elk 

5 Creek Dam structure, rock piles and associated 

6 components, in an area of approximately 147.1 

7 acres of the transferred land. 

8 ‘‘(e) LEGACY ROADS AND TRAILS PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish a program to be known as the ‘Legacy Roads 

11 and Trails’ program to provide— 

12 ‘‘(A) urgently needed road decommis13 sioning, road and trail repair and maintenance 

14 and associated activities, and removal of fish 

15 passage barriers, especially in areas in which 

16 roads may be contributing to water quality 

17 problems in streams and water bodies that sup18 port threatened, endangered, or sensitive spe19 cies or community water sources; 

20 ‘‘(B) urgently needed road repairs required 

21 due to recent storm events; or 

22 ‘‘(C) the decommissioning of unauthorized 

23 roads that are not part of the transportation 

24 system. 

25 ‘‘(2) PROJECT SELECTION.— 


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

2 ‘‘(i) consider public input in the selec3 tion of projects; and 

4 ‘‘(ii) publish the selection process of 

5 the Secretary on the website of the Bureau 

6 of Land Management. 

7 ‘‘(B) PRIORITIES.—In selecting projects 

8 under this subsection, the Secretary shall give 

9 priority to decommissioning and repairing roads 

10 and trails in— 

11 ‘‘(i) environmentally sensitive areas; 

12 and 

13 ‘‘(ii) areas in which roads may be con14 tributing to water quality problems in 

15 streams and water bodies that support 

16 threatened or endangered species, or spe17 cies considered sensitive by the Secretary. 

18 ‘‘(3) REPORT TO CONGRESS.—Not later than 

19 120 days after the end of each fiscal year, the Sec20 retary shall submit to Congress a report on the sta21 tus of the projects selected for completion in the pre22 vious 2 fiscal years. 

23 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 


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1 this subsection $5,000,000 adjusted for inflation for 

2 each of fiscal years 2015 through 2025. 

3 ‘‘SEC. 12. DISTRIBUTION OF FUNDS. 

4 ‘‘(a) IN GENERAL.—Effective for fiscal year 2015 

5 and each fiscal year thereafter, all receipts generated from 

6 activities on covered land shall be collected, deposited in 

7 a separate fund in the Treasury designated the ‘Oregon 

8 and California Railroad Grant Land Fund’, and distrib9 uted annually in accordance with this section and title II 

10 of the Oregon and California Land Grant Act (43 U.S.C. 

11 1181f) and sections 1 through 4 of the Act of May 24, 

12 1939 (43 U.S.C. 1181f–1 through 1181f–4), as applica13 ble. 

14 ‘‘(b) GENERAL FUND.—Subject to subsection (d)(4), 

15 as soon as practicable after the end of each fiscal year 

16 described in subsection (a), $4,000,000 of all amounts re17 ceived by the Secretary for the applicable fiscal year from 

18 the covered land shall be transferred to the general fund 

19 of the Treasury. 

20 ‘‘(c) ADMINISTRATIVE COSTS.— 

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

22 and subsection (d)(4), all amounts received for the 

23 applicable fiscal year by the Secretary from the cov24 ered land shall be used to pay for the management 

25 of, administrative expenses for, and capital improveVerDate Sep 11 2014 22:54 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 ment costs for the covered land, including the pro2 tection or restoration of fish and wildlife habitat on 

3 the covered land. 

4 ‘‘(2) LIMITATIONS.—The amount of revenue 

5 that is used to pay for expenses and costs for a fis6 cal year under paragraph (1) shall not exceed— 

7 ‘‘(A) 25 percent of all amounts received for 

8 the applicable fiscal year by the Secretary from 

9 the covered land during the fiscal year; or 

10 ‘‘(B) $20,000,000 in 2015 dollars indexed 

11 for inflation. 

12 ‘‘(d) PAYMENTS TO COUNTIES.— 

13 ‘‘(1) IN GENERAL.—All amounts received for 

14 the applicable fiscal year by the Secretary from the 

15 covered land during a fiscal year that is in excess of 

16 the amount necessary to carry out subsections (b) 

17 and (c) shall be provided to the counties that con18 tain covered land (referred to in this subsection as 

19 a ‘covered county’) in the form of annual payments. 

20 ‘‘(2) TIMING.—Payments shall be made avail21 able to covered counties under this subsection as 

22 soon as practicable following the end of each fiscal 

23 year. 


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1 ‘‘(3) OTHER COUNTY FUNDS.—Payments made 

2 to covered counties under this subsection shall be 

3 used as other county funds. 

4 ‘‘(4) MINIMUM AMOUNT.— 

5 ‘‘(A) IN GENERAL.—Subject to clauses (ii) 

6 and (iii), the annual payment paid to a covered 

7 county under this subsection, to the extent 

8 practicable, shall not be less than the payment 

9 that the covered county would have received 

10 solely under this Act (as in effect on the day 

11 before the date of enactment of the Oregon and 

12 California Land Grant Act of 2015) for fiscal 

13 year 2015 if the covered county had elected to 

14 receive payment under this Act and not under 

15 any other law. 

16 ‘‘(B) USE OF GENERAL FUND SHARE.—If 

17 the portion of revenues to be provided to a cov18 ered county for a fiscal year is less than the 

19 amount described in clause (i), the payment 

20 made to the Treasury for the fiscal year under 

21 subsection (b) shall be reduced by an amount 

22 necessary to provide the minimum payments re23 quired under clause (i) for the covered county.’’. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) NATIONAL LANDSCAPE CONSERVATION SYS2 TEM ADDITIONS.—Section 2002(b)(2) of the Omni3 bus Public Land Management Act of 2009 (16 

4 U.S.C. 7202(b)(2)) is amended— 

5 (A) in subparagraph (D), by striking 

6 ‘‘and’’ after the semicolon; 

7 (B) by redesignating subparagraph (E) as 

8 subparagraph (F); and 

9 (C) by inserting after subparagraph (D) 

10 the following: 

11 ‘‘(E) public land designated as Oregon and 

12 California Land grant land in the State of Or13 egon, administered by the Bureau of Land 

14 Management as conservation emphasis areas; 

15 and’’. 

16 (2) SETTLEMENT OF CONTROVERTED LAND

17 STATUS.—The first section of the Act of June 24, 

18 1954 (68 Stat. 270, chapter 357; 43 U.S.C. 1181g) 

19 is amended in subsection (a)— 

20 (A) by striking ‘‘are hereby declared to be 

21 revested Oregon and California Railroad grant 

22 lands; and said lands’’; and 

23 (B) by striking ‘‘: Provided, That’’ and all 

24 that follows through the end of the subsection 

25 and inserting a period. 


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1 SEC. 102. DESIGNATION OF WILD AND SCENIC RIVERS. 

2 (a) DESIGNATION OF WILD AND SCENIC RIVER SEG3 MENTS.— 

4 (1) IN GENERAL.—Section 3(a) of the Wild and 

5 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended 

6 by adding at the end the following: 

7 ‘‘(208) NESTUCCA RIVER, OREGON.—The ap8 proximately 15.5-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 2-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 17.6-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 1.1-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 5-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 ‘‘(214) ELK CREEK, OREGON.—The approxi24 mately 7.3-mile segment from its confluence with 

25 Flat Creek near river mile 9, to the southern edge 


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1 of the Army Corps of Engineers boundary in T. 33 

2 S., R. 1 E., sec. 30, Willamette Meridian, near river 

3 mile 1.7, to be administered by the Secretary of the 

4 Interior as a scenic river.’’. 

5 (2) ADMINISTRATION.— 

6 (A) LATERAL BOUNDARIES.—Notwith7 standing section 3(b), the lateral boundaries of 

8 the scenic river area along Elk Creek shall in9 clude an average of not more than 640 acres 

10 per mile measured from the ordinary high water 

11 mark on both sides of the river. 

12 (B) DEAUTHORIZATION.—The Elk Creek 

13 Project, authorized by the Flood Control Act of 

14 1962 (Public Law 87–874, 21 September 1962) 

15 is deauthorized. 

16 (b) ELK RIVER SALMON EMPHASIS AREA, ELK

17 RIVER, OREGON.—Section 3(a) of the Wild and Scenic 

18 Rivers Act (16 U.S.C. 1274(a)) is amended by striking 

19 paragraph (76) and inserting the following: 

20 ‘‘(76) ELK, OREGON.—The 63.1-mile segment 

21 to be administered by the Secretary of Agriculture 

22 in the following classes: 

23 ‘‘(A) MAINSTEM.—The 17-mile segment 

24 from the confluence of the North and South 


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1 Forks of the Elk to Anvil Creek as a rec2 reational river. 

3 ‘‘(B) NORTH FORK.— 

4 ‘‘(i) The approximately 0.6 mile seg5 ment of the North Fork Elk from its 

6 source in sec.21, T. 33 S., R. 12 W., Wil7 lamette Meridian, downstream to 0.01 

8 miles below Forest Service Road 3353, as 

9 a scenic river. 

10 ‘‘(ii) The approximately 5.5-mile seg11 ment of the North Fork Elk from 0.01 

12 miles below Forest Service Road 3353 to 

13 its confluence with the South Fork Elk, as 

14 a wild river. 

15 ‘‘(C) SOUTH FORK.— 

16 ‘‘(i) The approximately 0.9-mile seg17 ment of the South Fork Elk from its 

18 source in the southeast quarter of sec. 32, 

19 T. 33 S., R. 12 W., Willamette Meridian, 

20 downstream to 0.01 miles below Forest 

21 Service Road 3353, as a scenic river. 

22 ‘‘(ii) The approximately 4.2-mile seg23 ment of the South Fork Elk from 0.01 

24 miles below Forest Service Road 3353 to 


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1 its confluence with the North Fork Elk, as 

2 a wild river. 

3 ‘‘(D) OTHER TRIBUTARIES.— 

4 ‘‘(i) ROCK CREEK.—The approxi5 mately 1.7-mile segment of Rock Creek 

6 from its headwaters to its confluence with 

7 Elk River, as a wild river. 

8 ‘‘(ii) BALD MOUNTAIN CREEK.—The 

9 approximately 8-mile segment of Bald 

10 Mountain Creek from its headwaters, in11 cluding Salal Spring to its confluence with 

12 Elk River, as a recreational river. 

13 ‘‘(iii) SOUTH FORK BALD MOUNTAIN

14 CREEK.—The approximately 3.5-mile seg15 ment of South Fork Bald Mountain Creek 

16 from its headwaters to its confluence with 

17 Bald Mountain Creek, as a scenic river. 

18 ‘‘(iv) PLATINUM CREEK.—The ap19 proximately 1-mile segment of Platinum 

20 Creek from— 

21 ‘‘(I) its headwaters to 0.01 miles 

22 above Forest Service Road 5325, as a 

23 wild river; and 


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1 ‘‘(II) 0.01 miles above Forest 

2 Service Road 5325 to its confluence 

3 with Elk River, as a wild river. 

4 ‘‘(v) PANTHER CREEK.—The approxi5 mately 5.0-mile segment of Panther Creek 

6 from— 

7 ‘‘(I) its headwaters, including 

8 Mountain Well, to 0.01 miles above 

9 Forest Service Road 5325, as a wild 

10 river; and 

11 ‘‘(II) 0.01 miles above Forest 

12 Service Road 5325 to its confluence 

13 with Elk River, as a scenic river. 

14 ‘‘(vi) EAST FORK PANTHER CREEK.— 

15 The approximately 3.0-mile segment of 

16 East Fork Panther Creek from it head17 waters, to the confluence with Panther 

18 Creek, as a wild river. 

19 ‘‘(vii) WEST FORK PANTHER

20 CREEK.—The approximately 3.0-mile seg21 ment of West Fork Panther Creek from its 

22 headwaters to the confluence with Panther 

23 Creek as a wild river. 


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1 ‘‘(viii) LOST CREEK.—The approxi2 mately 1.0-mile segment of Lost Creek 

3 from— 

4 ‘‘(I) its headwaters to 0.01 miles 

5 above Forest Service Road 5325, as a 

6 wild river; and 

7 ‘‘(II) 0.01 miles above Forest 

8 Service Road 5325 to its confluence 

9 with the Elk River, as a scenic river. 

10 ‘‘(ix) MILBURY CREEK.—The approxi11 mately 1.5-mile segment of Milbury Creek 

12 from— 

13 ‘‘(I) its headwaters to 0.01 miles 

14 above Forest Service Road 5325, as a 

15 wild river; and 

16 ‘‘(II) 0.01 miles above Forest 

17 Service Road 5325 to its confluence 

18 with the Elk River, as a scenic river. 

19 ‘‘(x) BLACKBERRY CREEK.—The ap20 proximately 5.0-mile segment of Black21 berry Creek from— 

22 ‘‘(I) its headwaters to 0.01 miles 

23 above Forest Service Road 5325, as a 

24 wild river; and 


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1 ‘‘(II) 0.01 miles above Forest 

2 Service Road 5325 to its confluence 

3 with the Elk River, as a scenic river. 

4 ‘‘(xi) MCCURDY CREEK.—The ap5 proximately 1.0-mile segment of McCurdy 

6 Creek from— 

7 ‘‘(I) its headwaters to 0.01 miles 

8 above Forest Service Road 5325, as a 

9 wild river; and 

10 ‘‘(II) 0.01 miles above Forest 

11 Service Road 5325 to its confluence 

12 with the Elk River, as a scenic river. 

13 ‘‘(xii) BEAR CREEK.—The approxi14 mately 1.5-mile segment of Bear Creek 

15 from headwaters to the confluence with 

16 Bald Mountain Creek, as a recreational 

17 river.’’. 

18 (c) WITHDRAWAL.—Subject to valid existing rights, 

19 the Federal land within the boundaries of the river seg20 ments designated by paragraphs (76) and (208) through 

21 (215) of section 3(a) of the Wild and Scenic Rivers Act 

22 (16 U.S.C. 1274(a)) is withdrawn from all forms of— 

23 (1) entry, appropriation, or disposal under the 

24 public land laws; 


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1 (2) location, entry, and patent under the mining 

2 laws; and 

3 (3) disposition under all laws relating to min4 eral and geothermal leasing or mineral materials. 

5 TITLE II—TRIBAL LAND 

6 Subtitle A—Oregon Coastal Land 

7 Conveyance 

8 SEC. 201. DEFINITIONS. 

9 In this subtitle: 

10 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

11 means the approximately 14,804 acres of Federal 

12 land, as generally depicted on the map entitled ‘‘Or13 egon Coastal Land Conveyance’’, and dated March 

14 27, 2013. 

15 (2) PLANNING AREA.—The term ‘‘planning 

16 area’’ means land— 

17 (A) administered by the Director of the 

18 Bureau of Land Management; and 

19 (B) located in— 

20 (i) the Coos Bay District; 

21 (ii) the Eugene District; 

22 (iii) the Medford District; 

23 (iv) the Roseburg District; 

24 (v) the Salem District; or 


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1 (vi) the Klamath Falls Resource Area 

2 of the Lakeview District. 

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

4 the Secretary of the Interior. 

5 (4) TRIBE.—The term ‘‘Tribe’’ means the Con6 federated Tribes of Coos, Lower Umpqua, and 

7 Siuslaw Indians. 

8 SEC. 202. CONVEYANCE. 

9 (a) IN GENERAL.—Subject to valid existing rights, 

10 including rights-of-way and reciprocal rights-of-way, all 

11 right, title, and interest of the United States in and to 

12 the Federal land, including any improvements located on 

13 the Federal land, appurtenances to the Federal land, and 

14 minerals on or in the Federal land, including oil and gas, 

15 shall be— 

16 (1) held in trust by the United States for the 

17 benefit of the Tribe; and 

18 (2) part of the reservation of the Tribe. 

19 (b) SURVEY.—Not later than 180 days after the date 

20 of enactment of this Act, if the Secretary determines a 

21 survey to be necessary, the Secretary shall complete a sur22 vey of the boundary lines to establish the boundaries of 

23 the land taken into trust under subsection (a). 


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1 SEC. 203. 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. 204. ADMINISTRATION. 

19 (a) IN GENERAL.—Unless expressly provided in this 

20 subtitle, nothing in this subtitle affects any right or claim 

21 of the Tribe existing on the date of enactment of this Act 

22 to any land or interest in land. 

23 (b) PROHIBITIONS.— 

24 (1) EXPORTS OF UNPROCESSED LOGS.—Fed25 eral law (including regulations) relating to the ex26 port of unprocessed logs harvested from Federal 


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1 land shall apply to any unprocessed logs that are 

2 harvested from the Federal land. 

3 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

4 property taken into trust under section 202(a) shall 

5 not be eligible, or used, for any gaming activity car6 ried out under Public Law 100–497 (25 U.S.C. 

7 2701 et seq.). 

8 SEC. 205. FOREST MANAGEMENT. 

9 (a) APPLICABLE LAW.—Any commercial forestry ac10 tivity that is carried out on the Federal land shall be man11 aged in accordance with all applicable Federal laws, in12 cluding the National Indian Forest Resources Manage13 ment Act (25 U.S.C. 3101 et seq.). 

14 (b) AGREEMENTS.—The Tribe shall consult with the 

15 Secretary and other parties as necessary to develop agree16 ments to provide for access to the land taken into trust 

17 under section 202(a) that provide for— 

18 (1) honoring existing reciprocal right-of-way 

19 agreements; 

20 (2) administrative access by the Bureau of 

21 Land Management; and 

22 (3) management of the parcels of the land 

23 taken into trust under section 202(a) that are ac24 quired or developed under chapter 2003 of title 54, 


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1 United States Code, consistent with section 

2 200305(f)(3) of title 54. 

3 (c) LAND USE PLANNING REQUIREMENTS.—On con4 veyance of the Federal land to the Tribe under section 

5 202, the Federal land shall not be subject to the land use 

6 planning requirements of the Federal Land Policy and 

7 Management Act of 1976 (43 U.S.C. 1701 et seq.) or the 

8 Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 

9 U.S.C. 1181a et seq.). 

10 Subtitle B—Canyon Mountain Land 

11 Conveyance 

12 SEC. 211. DEFINITIONS. 

13 In this subtitle: 

14 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

15 means the approximately 17,826 acres of Federal 

16 land, as generally depicted on the map entitled 

17 ‘‘Canyon Mountain Land Conveyance’’, and dated 

18 June 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; or 

4 (vi) the Klamath Falls Resource Area 

5 of the Lakeview District. 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (4) TRIBE.—The term ‘‘Tribe’’ means the Cow 

9 Creek Band of Umpqua Tribe of Indians. 

10 SEC. 212. CONVEYANCE. 

11 (a) IN GENERAL.—Subject to valid existing rights, 

12 including rights-of-way and reciprocal rights-of-way, all 

13 right, title, and interest of the United States in and to 

14 the Federal land, including any improvements located on 

15 the Federal land, appurtenances to the Federal land, and 

16 minerals on or in the Federal land, including oil and gas, 

17 shall be— 

18 (1) held in trust by the United States for the 

19 benefit of the Tribe; and 

20 (2) part of the reservation of the Tribe. 

21 (b) SURVEY.—Not later than 180 days after the date 

22 of enactment of this Act, the Secretary shall complete a 

23 survey of the boundary lines to establish the boundaries 

24 of the land taken into trust under subsection (a). 


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1 SEC. 213. MAP AND LEGAL DESCRIPTION. 

2 (a) IN GENERAL.—As soon as practicable after the 

3 date of enactment of this Act, the Secretary shall file a 

4 map and legal description of the Federal land with— 

5 (1) the Committee on Energy and Natural Re6 sources of the Senate; and 

7 (2) the Committee on Natural Resources of the 

8 House of Representatives. 

9 (b) FORCE AND EFFECT.—The map and legal de10 scription filed under subsection (a) shall have the same 

11 force and effect as if included in this subtitle except that 

12 the Secretary may correct any clerical or typographical er13 rors in the map or legal description. 

14 (c) PUBLIC AVAILABILITY.—The map and legal de15 scription filed under subsection (a) shall be on file and 

16 available for public inspection in the Office of the Sec17 retary. 

18 SEC. 214. ADMINISTRATION. 

19 (a) IN GENERAL.—Unless expressly provided in this 

20 subtitle, nothing in this subtitle affects any right or claim 

21 of the Tribe existing on the date of enactment of this Act 

22 to any land or interest in land. 

23 (b) PROHIBITIONS.— 

24 (1) EXPORTS OF UNPROCESSED LOGS.—Fed25 eral law (including regulations) relating to the ex26 port of unprocessed logs harvested from Federal 


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1 land shall apply to any unprocessed logs that are 

2 harvested from the Federal land. 

3 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

4 property taken into trust under section 212 shall not 

5 be eligible, or used, for any gaming activity carried 

6 out under Public Law 100–497 (25 U.S.C. 2701 et 

7 seq.). 

8 (c) EFFECT ON TIMBER SALE CONTRACTS.—Noth9 ing in this subtitle affects any timber sale contracts 

10 awarded as of the date of enactment of this Act. 

11 SEC. 215. FOREST MANAGEMENT. 

12 (a) APPLICABLE LAW.—Any commercial forestry ac13 tivity that is carried out on the Federal land shall be man14 aged in accordance with all applicable Federal laws, in15 cluding the National Indian Forest Resources Manage16 ment Act (25 U.S.C. 3101 et seq.). 

17 (b) AGREEMENTS.—The Tribe shall consult with the 

18 Director of the Bureau of Land Management and other 

19 parties as necessary to develop agreements to provide for 

20 access to the land taken into trust under section 212(a) 

21 that provide for— 

22 (1) honoring existing reciprocal right-of-way 

23 agreements; and 

24 (2) administrative access by the Bureau of 

25 Land Management. 


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1 (c) LAND USE PLANNING REQUIREMENTS.—On con2 veyance of the Federal land to the Tribe under section 

3 212, the Federal land shall not be subject to the land use 

4 planning requirements of the Federal Land Policy and 

5 Management Act of 1976 (43 U.S.C. 1701 et seq.) or the 

6 Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 

7 U.S.C. 1181a et seq.). 

8 Subtitle C—Amendments to 

9 Coquille Restoration Act 

10 SEC. 221. AMENDMENTS TO COQUILLE RESTORATION ACT. 

11 Section 5(d) of the Coquille Restoration Act (25 

12 U.S.C. 715c(d)) is amended— 

13 (1) by striking paragraph (5) and inserting the 

14 following: 

15 ‘‘(5) MANAGEMENT.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the Secretary of the Interior, acting 

18 through the Assistant Secretary for Indian Af19 fairs, shall— 

20 ‘‘(i) manage the Coquille Forest in ac21 cordance with the laws pertaining to the 

22 management of Indian trust land; and 

23 ‘‘(ii) distribute revenues in accordance 

24 with the National Indian Forest Resources 

25 Management Act (25 U.S.C. 3101 et seq.). 


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1 ‘‘(B) ADMINISTRATION.— 

2 ‘‘(i) UNPROCESSED LOGS.—Unproc3 essed logs harvested from the Coquille For4 est shall be subject to the same Federal 

5 statutory restrictions on export to foreign 

6 nations that apply to unprocessed logs har7 vested from Federal land. 

8 ‘‘(ii) SALES OF TIMBER.—Notwith9 standing any other provision of law, all 

10 sales of timber from land subject to this 

11 subsection shall be advertised, offered, and 

12 awarded according to competitive bidding 

13 practices, with sales being awarded to the 

14 highest responsible bidder.’’; 

15 (2) by striking paragraph (9); and 

16 (3) by redesignating paragraphs (10) through 

17 (12) as paragraphs (9) through (11), respectively. 

18 TITLE III—OREGON TREASURES 

19 Subtitle A—Wild Rogue Wilderness 

20 Area 

21 SEC. 301. WILD ROGUE WILDERNESS AREA. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COMMISSION.—The term ‘‘Commission’’ 

24 means the Federal Energy Regulatory Commission. 


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1 (2) MAP.—The term ‘‘Map’’ means the map en2 titled ‘‘Wild Rogue Wilderness Additions’’ and dated 

3 June 12, 2013. 

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

5 means— 

6 (A) the Secretary of the Interior, with re7 spect to public land administered by the Sec8 retary of the Interior; or 

9 (B) the Secretary of Agriculture, with re10 spect to National Forest System land. 

11 (4) WILDERNESS ADDITIONS.—The term ‘‘Wil12 derness additions’’ means the land added to the Wild 

13 Rogue Wilderness under subsection (b)(1). 

14 (b) EXPANSION OF WILD ROGUE WILDERNESS

15 AREA.— 

16 (1) EXPANSION.—The approximately 56,100 

17 acres of Federal land in the State of Oregon gen18 erally depicted on the map as ‘‘BLM Proposed Wil19 derness’’ and ‘‘Proposed USFS Wilderness’’ shall be 

20 added to and administered as part of the Wild 

21 Rogue Wilderness in accordance with the Endan22 gered American Wilderness Act of 1978 (16 U.S.C. 

23 1132 note; Public Law 95–237), except that— 

24 (A) the Secretary of the Interior and the 

25 Secretary of Agriculture shall administer the 


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1 Federal land under their respective jurisdiction; 

2 and 

3 (B) any reference in that Act to the Sec4 retary of Agriculture shall be considered to be 

5 a reference to the Secretary of Agriculture or 

6 the Secretary of the Interior, as applicable. 

7 (2) MAP; LEGAL DESCRIPTION.— 

8 (A) IN GENERAL.—As soon as practicable 

9 after the date of enactment of this Act, the Sec10 retary shall prepare a map and legal description 

11 of the wilderness area designated by paragraph 

12 (1). 

13 (B) FORCE OF LAW.—The map and legal 

14 description filed under subparagraph (A) shall 

15 have the same force and effect as if included in 

16 this section, except that the Secretary may cor17 rect typographical errors in the map and legal 

18 description. 

19 (C) PUBLIC AVAILABILITY.—The map and 

20 legal description filed under subparagraph (A) 

21 shall be on file and available for public inspec22 tion in the appropriate offices of the Bureau of 

23 Land Management and Forest Service. 

24 (3) CORRECTION.—Section 3(b) of the Endan25 gered American Wilderness Act of 1978 (16 U.S.C. 


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1 1132 note; Public Law 95–237) is amended by strik2 ing ‘‘3(a)(5)’’ and inserting ‘‘3(a)(5)(A)’’. 

3 (4) WITHDRAWAL.—Subject to valid existing 

4 rights, the Wilderness additions are withdrawn from 

5 all forms of— 

6 (A) entry, appropriation, or disposal under 

7 the public land laws; 

8 (B) location, entry, and patent under the 

9 mining laws; and 

10 (C) disposition under all laws pertaining to 

11 mineral and geothermal leasing or mineral ma12 terials. 

13 (5) TRIBAL RIGHTS.—Nothing in this sub14 section alters, modifies, enlarges, diminishes, or ab15 rogates the treaty rights of any Indian tribe. 

16 (c) POTENTIAL ADDITION TO WILDERNESS AREA.— 

17 (1) DESIGNATION.—Subject to paragraph (3) 

18 and in furtherance of the purposes of the Wilderness 

19 Act (16 U.S.C. 1131 et seq.), certain public land in 

20 the State of Oregon administered by the Secretary 

21 of the Interior, compromising approximately 600 

22 acres, as generally depicted on the map as ‘‘Poten23 tial Wilderness’’, shall be added to and administered 

24 as part of the Wild Rogue Wilderness. 


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1 (2) INTERIM MANAGEMENT.—Subject to valid 

2 existing rights, the Secretary shall manage the land 

3 described in paragraph (1) to protect its suitability 

4 for designation as wilderness until the date on which 

5 the land is designated as wilderness in accordance 

6 with paragraph (3). 

7 (3) WILDERNESS DESIGNATION.— 

8 (A) IN GENERAL.—The land described in 

9 paragraph (1) shall be designated as wilderness 

10 and added to and administered as part of the 

11 Wild Rogue Wilderness on the date on which 

12 the Secretary publishes in the Federal Register 

13 notice that the conditions in the potential wil14 derness area that are incompatible with the 

15 Wilderness Act (16 U.S.C. 1131 et seq.) have 

16 been removed. 

17 (B) ADMINISTRATION.—On designation as 

18 wilderness under paragraph (1), the land de19 scribed in that paragraph shall be administered 

20 in accordance with this Act, the Wilderness Act 

21 (16 U.S.C. 1131 et seq.), and the Endangered 

22 American Wilderness Act of 1978 (16 U.S.C. 

23 1132 note; Public Law 95–237). 


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1 (4) WITHDRAWAL.—Subject to valid existing 

2 rights, the land described in paragraph (1) is with3 drawn from all forms of— 

4 (A) entry, appropriation, or disposal under 

5 the public land laws; 

6 (B) location, entry, and patent under the 

7 mining laws; and 

8 (C) disposition under all laws pertaining to 

9 mineral and geothermal leasing or mineral ma10 terials. 

11 (d) WITHDRAWAL AREA PROTECTIONS.— 

12 (1) IN GENERAL.—The Secretary shall manage 

13 the Federal land described in paragraph (2) in a 

14 manner that preserves the natural and primitive 

15 character of the land for recreational, scenic, and 

16 scientific use. 

17 (2) DESCRIPTION OF THE LAND.—The Federal 

18 land referred to in paragraph (1) is the approxi19 mately 4,000 acres generally depicted on the map as 

20 ‘‘Withdrawal Area’’. 

21 (3) MAPS AND LEGAL DESCRIPTIONS.— 

22 (A) IN GENERAL.—As soon as practicable 

23 after the date of enactment of this Act, the Sec24 retary shall prepare a map and legal description 

25 of the land described in paragraph (2). 


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1 (B) FORCE OF LAW.—The map and legal 

2 description filed under subparagraph (A) shall 

3 have the same force and effect as if included in 

4 this section, except that the Secretary may cor5 rect typographical errors in the map and legal 

6 description. 

7 (C) PUBLIC AVAILABILITY.—The map and 

8 legal description filed under subparagraph (A) 

9 shall be on file and available for public inspec10 tion in the appropriate offices of the Bureau of 

11 Land Management. 

12 (4) USE OF LAND.— 

13 (A) IN GENERAL.—Subject to valid exist14 ing rights, with respect to the Federal land de15 scribed in paragraph (2), the Secretary shall 

16 only allow uses that are consistent with the pur17 poses described in paragraph (1). 

18 (B) PROHIBITED USES.—The following 

19 shall be prohibited on the Federal land de20 scribed in paragraph (2): 

21 (i) Permanent roads. 

22 (ii) Commercial enterprises. 

23 (iii) Except as necessary to meet the 

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1 tion of the Federal land and to protect 

2 public health and safety— 

3 (I) the use of motor vehicles; or 

4 (II) the establishment of tem5 porary roads. 

6 (5) WITHDRAWAL.—Subject to valid existing 

7 rights, the Federal land described in paragraph (2) 

8 is withdrawn from— 

9 (A) all forms of entry, appropriation, or 

10 disposal under the public land laws; 

11 (B) location, entry, and patent under the 

12 mining laws; and 

13 (C) disposition under all laws relating to 

14 mineral and geothermal leasing or mineral ma15 terials. 

16 (e) WILD AND SCENIC RIVER DESIGNATIONS, ROGUE

17 RIVER AREA.— 

18 (1) AMENDMENTS.—Section 3(a) of the Wild 

19 and Scenic Rivers Act (16 U.S.C. 1274(a)) is 

20 amended by striking paragraph (5) and inserting the 

21 following: 

22 ‘‘(5) ROGUE, OREGON.— 

23 ‘‘(A) IN GENERAL.—The segment of the 

24 river extending from the mouth of the River 

25 downstream to the Lobster Creek Bridge, to be 


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1 administered by the Secretary of the Interior or 

2 the Secretary of Agriculture, as agreed to by 

3 the Secretaries of the Interior and Agriculture 

4 or as directed by the President. 

5 ‘‘(B) ADDITIONS.—In addition to the seg6 ment described in subparagraph (A), there are 

7 designated the following segments in the Rogue 

8 River: 

9 ‘‘(i) KELSEY CREEK.—The approxi10 mately 6.8-mile segment of Kelsey Creek 

11 from the Wild Rogue Wilderness boundary 

12 in T. 32 S., R. 9 W., sec. 25, Willamette 

13 Meridian, to the confluence with the Rogue 

14 River, as a wild river. 

15 ‘‘(ii) EAST FORK KELSEY CREEK.— 

16 ‘‘(I) SCENIC RIVER.—The ap17 proximately 0.2-mile segment of East 

18 Fork Kelsey Creek from headwaters 

19 downstream to the Wild Rogue Wil20 derness boundary in T. 33 S., R. 8 

21 W., sec. 5, Willamette Meridian, as a 

22 scenic river. 

23 ‘‘(II) WILD RIVER.—The ap24 proximately 4.6-mile segment of East 

25 Fork Kelsey Creek from the Wild 


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1 Rogue Wilderness boundary in T. 33 

2 S., R. 8 W., sec. 5, Willamette Merid3 ian, to the confluence with Kelsey 

4 Creek, as a wild 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) SCENIC RIVER.—The ap19 proximately 0.9-mile segment of East 

20 Fork Whisky Creek from its head21 waters to Wild Rogue Wilderness 

22 boundary in T. 33 S., R. 8 W., sec. 

23 11, Willamette Meridian., as a scenic 

24 river. 


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1 ‘‘(II) WILD RIVER.—The ap2 proximately 2.6-mile segment of East 

3 Fork Whisky Creek from the Wild 

4 Rogue Wilderness boundary in T. 33 

5 S., R. 8 W., sec. 11, Willamette Me6 ridian., to 0.1 miles downstream of 

7 road 33-8-26 crossing, as a wild river. 

8 ‘‘(III) RECREATIONAL RIVER.— 

9 The approximately 0.3-mile segment 

10 of East Fork Whisky Creek from 0.1 

11 miles downstream of road 33-8-26 to 

12 the confluence with Whisky Creek, as 

13 a recreational river. 

14 ‘‘(v) WEST FORK WHISKY CREEK.— 

15 The approximately 4.8-mile segment of 

16 West Fork Whisky Creek from its head17 waters to the confluence with the East 

18 Fork Whisky Creek, as a wild river. 

19 ‘‘(vi) BIG WINDY CREEK.— 

20 ‘‘(I) SCENIC RIVER.—The ap21 proximately 1.5-mile segment of Big 

22 Windy Creek from its headwaters to 

23 0.1 miles downstream from road 34-9- 

24 17.1, as a scenic river. 


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1 ‘‘(II) WILD RIVER.—The ap2 proximately 5.8-mile segment of Big 

3 Windy Creek from 0.1 miles down4 stream from road 34-9-17.1 to the 

5 confluence with the Rogue River, as a 

6 wild river. 

7 ‘‘(vii) EAST FORK BIG WINDY

8 CREEK.— 

9 ‘‘(I) SCENIC RIVER.—The ap10 proximately 0.2-mile segment of East 

11 Fork Big Windy Creek from its head12 waters to 0.1 miles downstream from 

13 road 34-8-36, as a scenic river. 

14 ‘‘(II) WILD RIVER.—The ap15 proximately 3.7-mile segment of East 

16 Fork Big Windy Creek from 0.1 miles 

17 downstream from road 34-8-36 to the 

18 confluence with Big Windy Creek, as 

19 a wild river. 

20 ‘‘(viii) LITTLE WINDY CREEK.— 

21 ‘‘(I) SCENIC RIVER.—The ap22 proximately 1.2-mile segment of Little 

23 Windy Creek from its headwaters to 

24 the Wild Rogue Wilderness boundary 


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1 in T. 33 S., R. 9 W., sec. 34, Willam2 ette Meridian, as a scenic river. 

3 ‘‘(II) WILD RIVER.—The ap4 proximately 1.9-mile segment of Little 

5 Windy Creek from the Wild Rogue 

6 Wilderness boundary in T. 33 S., R. 

7 9 W., sec. 34, Willamette Meridian to 

8 the confluence with the Rogue River, 

9 as a wild river. 

10 ‘‘(ix) HOWARD CREEK.— 

11 ‘‘(I) SCENIC RIVER.—The ap12 proximately 0.3-mile segment of How13 ard Creek from its headwaters to 0.1 

14 miles downstream of road 34-9-34, as 

15 a scenic river. 

16 ‘‘(II) WILD RIVER.—The ap17 proximately 6.9-mile segment of How18 ard Creek from 0.1 miles downstream 

19 of road 34-9-34 to the confluence with 

20 the Rogue River, as a wild river. 

21 ‘‘(x) MULE CREEK.— 

22 ‘‘(I) SCENIC RIVER.—The ap23 proximately 3.5-mile segment of Mule 

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1 stream to the Wild Rogue Wilderness 

2 boundary as a scenic river. 

3 ‘‘(II) WILD RIVER.—The ap4 proximately 7.8-mile segment of Mule 

5 Creek from the Wild Rogue Wilder6 ness boundary in T. 32 S., R. 9 W., 

7 sec. 29, Willamette Meridian, to the 

8 confluence with the Rogue River, as a 

9 wild river. 

10 ‘‘(xi) ANNA CREEK.—The approxi11 mately 3.5-mile segment of Anna Creek 

12 from its headwaters to the confluence with 

13 Howard Creek, as a wild river. 

14 ‘‘(xii) MISSOURI CREEK.— 

15 ‘‘(I) SCENIC RIVER.—The ap16 proximately 3.1-mile segment of Mule 

17 Creek from its headwaters down18 stream to the Wild Rogue Wilderness 

19 boundary in T. 33 S., R. 10 W., sec. 

20 24, Willamette Meridian, as a scenic 

21 river. 

22 ‘‘(II) WILD RIVER.—The ap23 proximately 1.6-mile segment of Mis24 souri Creek from the Wild Rogue Wil25 derness boundary in T. 33 S., R. 10 


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1 W., sec. 24, Willamette Meridian, to 

2 the confluence with the Rogue River, 

3 as a wild river. 

4 ‘‘(xiii) JENNY CREEK.— 

5 ‘‘(I) SCENIC RIVER.—The ap6 proximately 3.1-mile segment of 

7 Jenny Creek from its headwaters 

8 downstream to the Wild Rogue Wil9 derness boundary in T. 33 S., R. 9 

10 W., sec. 28, Willamette Meridian, as a 

11 scenic river. 

12 ‘‘(II) WILD RIVER.—The ap13 proximately 1.8-mile segment of 

14 Jenny Creek from the Wild Rogue 

15 Wilderness boundary in T. 33 S., R. 

16 9 W., sec. 28, Willamette Meridian, to 

17 the confluence with the Rogue River, 

18 as a wild river. 

19 ‘‘(xiv) RUM CREEK.— 

20 ‘‘(I) SCENIC RIVER.—The ap21 proximately 2.2-mile segment of Rum 

22 Creek from its headwaters to the Wild 

23 Rogue Wilderness boundary in T. 34 

24 S., R. 8 W., sec. 9., Willamette Merid25 ian, as a scenic river. 


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1 ‘‘(II) WILD RIVER.—The ap2 proximately 2.2-mile segment of Rum 

3 Creek from the Wild Rogue Wilder4 ness boundary in T. 34 S., R. 8 W., 

5 sec. 9, Willamette Meridian, to the 

6 confluence with the Rogue River, as a 

7 wild river. 

8 ‘‘(xv) EAST FORK RUM CREEK.— 

9 ‘‘(I) SCENIC RIVER.—The ap10 proximately 0.8-mile segment of East 

11 Fork Rum Creek from its headwaters 

12 to the Wild Rogue Wilderness bound13 ary in T. 34 S., R. 8 W., sec. 10., 

14 Willamette Meridian, as a scenic river. 

15 ‘‘(II) WILD RIVER.—The ap16 proximately 1.3-mile segment of East 

17 Fork Rum Creek from the Wild 

18 Rogue Wilderness boundary in T. 34 

19 S., R. 8 W., sec. 10, Willamette Me20 ridian, to the confluence with Rum 

21 Creek, as a wild river. 

22 ‘‘(xvi) WILDCAT CREEK.—The ap23 proximately 1.7-mile segment of Wildcat 

24 Creek from its headwaters downstream to 


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1 the confluence with the Rogue River, as a 

2 wild river. 

3 ‘‘(xvii) MONTGOMERY CREEK.—The 

4 approximately 1.8-mile segment of Mont5 gomery Creek from its headwaters down6 stream to the confluence with the Rogue 

7 River, as a wild river. 

8 ‘‘(xviii) HEWITT CREEK.— 

9 ‘‘(I) SCENIC RIVER.—The ap10 proximately 1.4-mile segment of Hew11 itt Creek from its headwaters to the 

12 Wild Rogue Wilderness boundary in 

13 T. 33 S., R. 9 W., sec. 19.,Willamette 

14 Meridian, as a scenic river. 

15 ‘‘(II) WILD RIVER.—The ap16 proximately 1.2-mile segment of Hew17 itt Creek from the Wild Rogue Wil18 derness boundary in T. 33 S., R. 9 

19 W., sec. 19, Willamette Meridian, to 

20 the confluence with the Rogue River, 

21 as a wild river. 

22 ‘‘(xix) BUNKER CREEK.—The approxi23 mately 6.6-mile segment of Bunker Creek 

24 from its headwaters to the confluence with 

25 the Rogue River, as a wild river. 


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1 ‘‘(xx) DULOG CREEK.— 

2 ‘‘(I) SCENIC RIVER.—The ap3 proximately 0.8-mile segment of 

4 Dulog Creek from its headwaters to 

5 0.1 miles downstream of road 34-8- 

6 36, as a scenic river. 

7 ‘‘(II) WILD RIVER.—The ap8 proximately 1.0-mile segment of 

9 Dulog Creek from 0.1 miles down10 stream of road 34-8-36 to the con11 fluence with the Rogue River, as a 

12 wild river. 

13 ‘‘(xxi) QUAIL CREEK.—The approxi14 mately 1.7-mile segment of Quail Creek 

15 from the Wild Rogue Wilderness boundary 

16 in T. 33 S., R. 10 W., sec. 1, Willamette 

17 Meridian, to the confluence with the Rogue 

18 River, as a wild river. 

19 ‘‘(xxii) MEADOW CREEK.—The ap20 proximately 4.1-mile segment of Meadow 

21 Creek from its headwaters to the con22 fluence with the Rogue River, as a wild 

23 river. 

24 ‘‘(xxiii) RUSSIAN CREEK.— 


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1 ‘‘(I) SCENIC RIVER.—The ap2 proximately 0.1-mile segment of Rus3 sian Creek from its headwaters to the 

4 Wild Rogue Wilderness boundary in 

5 T. 33 S., R. 8 W., sec. 20., Willam6 ette Meridian, as a scenic river. 

7 ‘‘(II) WILD RIVER.—The ap8 proximately 2.5-mile segment of Rus9 sian Creek from the Wild Rogue Wil10 derness boundary in T. 33 S., R. 8 

11 W., sec. 20, Willamette Meridian, to 

12 the confluence with the Rogue River, 

13 as a wild river. 

14 ‘‘(xxiv) ALDER CREEK.—The approxi15 mately 1.2-mile segment of Alder Creek 

16 from its headwaters to the confluence with 

17 the Rogue River, as a wild river. 

18 ‘‘(xxv) BOOZE CREEK.—The approxi19 mately 1.5-mile segment of Booze Creek 

20 from its headwaters to the confluence with 

21 the Rogue River, as a wild river. 

22 ‘‘(xxvi) BRONCO CREEK.—The ap23 proximately 1.8-mile segment of Bronco 

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1 fluence with the Rogue River, as a wild 

2 river. 

3 ‘‘(xxvii) COPSEY CREEK.—The ap4 proximately 1.5-mile segment of Copsey 

5 Creek from its headwaters to the con6 fluence with the Rogue River, as a wild 

7 river. 

8 ‘‘(xxviii) CORRAL CREEK.—The ap9 proximately 0.5-mile segment of Corral 

10 Creek from its headwaters to the con11 fluence with the Rogue River, as a wild 

12 river. 

13 ‘‘(xxix) COWLEY CREEK.—The ap14 proximately 0.9-mile segment of Cowley 

15 Creek from its headwaters to the con16 fluence with the Rogue River, as a wild 

17 river. 

18 ‘‘(xxx) DITCH CREEK.—The approxi19 mately 1.8-mile segment of Ditch Creek 

20 from the Wild Rogue Wilderness boundary 

21 in T. 33 S., R. 9 W., sec. 5, Willamette 

22 Meridian, to its confluence with the Rogue 

23 River, as a wild river. 

24 ‘‘(xxxi) FRANCIS CREEK.—The ap25 proximately 0.9-mile segment of Francis 


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1 Creek from its headwaters to the con2 fluence with the Rogue River, as a wild 

3 river. 

4 ‘‘(xxxii) LONG GULCH.— 

5 ‘‘(I) SCENIC RIVER.—The ap6 proximately 1.4-mile segment of Long 

7 Gulch from its headwaters to the Wild 

8 Rogue Wilderness boundary in T. 33 

9 S., R. 10 W., sec. 23, Willamette Me10 ridian, as a scenic river. 

11 ‘‘(II) WILD RIVER.—The ap12 proximately 1.1-mile segment of Long 

13 Gulch from the Wild Rogue Wilder14 ness boundary in T. 33 S., R. 10 W., 

15 sec. 23, Willamette Meridian, to the 

16 confluence with the Rogue River, as a 

17 wild river. 

18 ‘‘(xxxiii) BAILEY CREEK.— 

19 ‘‘(I) SCENIC RIVER.—The ap20 proximately 1.4-mile segment of Bai21 ley Creek from its headwaters to the 

22 Wild Rogue Wilderness boundary on 

23 the west section line of T. 34 S., R. 

24 8 W., sec. 14, Willamette Meridian, as 

25 a scenic river. 


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1 ‘‘(II) WILD RIVER.—The ap2 proximately 1.7-mile segment of Bai3 ley Creek from the west section line of 

4 T. 34 S., R.8 W., sec.14, Willamette 

5 Meridian, to the confluence of the 

6 Rogue River, as a wild river. 

7 ‘‘(xxxiv) SHADY CREEK.—The ap8 proximately 0.7-mile segment of Shady 

9 Creek from its headwaters to the con10 fluence with the Rogue River, as a wild 

11 river. 

12 ‘‘(xxxv) SLIDE CREEK.— 

13 ‘‘(I) SCENIC RIVER.—The ap14 proximately 0.5-mile segment of Slide 

15 Creek from its headwaters to 0.1 

16 miles downstream from road 33-9-6, 

17 as a scenic river. 

18 ‘‘(II) WILD RIVER.—The ap19 proximately 0.7-mile section of Slide 

20 Creek from 0.1 miles downstream of 

21 road 33-9-6 to the confluence with the 

22 Rogue River, as a wild river. 

23 ‘‘(xxxvi) QUARTZ CREEK.—The ap24 proximately 3.3-mile segment of Quartz 

25 Creek from its headwaters to its confluence 


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1 with the North Fork Galice Creek., as a 

2 scenic river. 

3 ‘‘(xxxvii) NORTH FORK GALICE

4 CREEK.—The approximately 5.7-mile seg5 ment of the North Fork Galice Creek from 

6 its headwaters to its confluence with Galice 

7 Creek, as a recreational river.’’. 

8 (2) MANAGEMENT.—Each river segment des9 ignated by subparagraph (B) of section 3(a)(5) of 

10 the Wild and Scenic Rivers Act (16 U.S.C. 

11 1274(a)(5)) (as added by paragraph (1)) shall be 

12 managed as part of the Rogue Wild and Scenic 

13 River. 

14 (3) WITHDRAWAL.—Subject to valid existing 

15 rights, the Federal land within the boundaries of the 

16 river segments designated under subparagraph (B) 

17 of section 3(a)(5) of the Wild and Scenic Rivers Act 

18 (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) 

19 is withdrawn from all forms of— 

20 (A) entry, appropriation, or disposal under 

21 the public land laws; 

22 (B) location, entry, and patent under the 

23 mining laws; and 


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1 (C) disposition under all laws pertaining to 

2 mineral and geothermal leasing or mineral ma3 terials. 

4 (f) ADDITIONAL PROTECTIONS FOR ROGUE RIVER

5 TRIBUTARIES.— 

6 (1) LICENSING BY COMMISSION.—The Commis7 sion shall not license the construction of any dam, 

8 water conduit, reservoir, powerhouse, transmission 

9 line, or other project works on or directly affecting 

10 any stream described in paragraph (4). 

11 (2) OTHER AGENCIES.— 

12 (A) IN GENERAL.—No department or 

13 agency of the United States shall assist by loan, 

14 grant, license, or otherwise in the construction 

15 of any water resources project on or directly af16 fecting any stream segment that is described in 

17 paragraph (4), except to maintain or repair 

18 water resources projects in existence on the 

19 date of enactment of this Act. 

20 (B) EFFECT.—Nothing in this paragraph 

21 prohibits any department or agency of the 

22 United States in assisting by loan, grant, li23 cense, or otherwise, a water resources project— 

24 (i) the primary purpose of which is ec25 ological or aquatic restoration; and 


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1 (ii) that provides a net benefit to 

2 water quality and aquatic resources. 

3 (3) WITHDRAWAL.—Subject to valid existing 

rights, the Federal land located within 1 4 ⁄4 mile on ei5 ther side of the stream segments described in para6 graph (4), is withdrawn from all forms of— 

7 (A) entry, appropriation, or disposal under 

8 the public land laws; 

9 (B) location, entry, and patent under the 

10 mining laws; and 

11 (C) disposition under all laws pertaining to 

12 mineral and geothermal leasing or mineral ma13 terials. 

14 (4) DESCRIPTION OF STREAM SEGMENTS.—The 

15 following are the stream segments referred to in 

16 paragraph (1): 

17 (A) KELSEY CREEK.—The approximately 

18 2.5-mile segment of Kelsey Creek from its 

19 headwaters to Wild Rogue Wilderness boundary 

20 in T. 32 S., R. 9 W., sec. 25. 

21 (B) GRAVE CREEK.—The approximately 

22 10.2-mile segment of Grave Creek from the 

23 confluence of Wolf Creek downstream to the 

24 confluence with the Rogue River. 


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1 (C) CENTENNIAL GULCH.—The approxi2 mately 2.2-mile segment of Centennial Gulch 

3 from its headwaters to its confluence with the 

4 Rogue River. 

5 (D) QUAIL CREEK.—The approximately 

6 0.8-mile segment of Quail Creek from its head7 waters to the Wild Rogue Wilderness boundary 

8 in T. 33 S., R. 10 W., sec. 1., Willamette Me9 ridian. 

10 (E) DITCH CREEK.—The approximately 

11 0.7-mile segment of Ditch Creek from its head12 waters to the Wild Rogue Wilderness boundary 

13 in T. 33 S., R. 9 W., sec. 5.,Willamette Merid14 ian. 

15 (F) GALICE CREEK.—The approximately 

16 2.2-mile segment of Galice Creek from the con17 fluence with the South Forest Galice Creek 

18 downstream to the confluence with the Rogue 

19 River. 

20 Subtitle B—Devil’s Staircase 

21 Wilderness 

22 SEC. 311. DEFINITIONS. 

23 In this subtitle: 


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1 (1) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Devil’s Staircase Wilderness Proposal’’ and 

3 dated June 15, 2010. 

4 (2) SECRETARY.—The term ‘‘Secretary’’ 

5 means— 

6 (A) with respect to land under the jurisdic7 tion of the Secretary of Agriculture, the Sec8 retary of Agriculture; and 

9 (B) with respect to land under the jurisdic10 tion of the Secretary of the Interior, the Sec11 retary of the Interior. 

12 (3) STATE.—The term ‘‘State’’ means the State 

13 of Oregon. 

14 (4) WILDERNESS.—The term ‘‘Wilderness’’ 

15 means the Devil’s Staircase Wilderness designated 

16 by section 312(a). 

17 SEC. 312. DEVIL’S STAIRCASE WILDERNESS, OREGON. 

18 (a) DESIGNATION.—In accordance with the Wilder19 ness Act (16 U.S.C. 1131 et seq.), the approximately 

20 30,540 acres of Forest Service land and Bureau of Land 

21 Management land in the State, as generally depicted on 

22 the map, is designated as wilderness and as a component 

23 of the National Wilderness Preservation System, to be 

24 known as the ‘‘Devil’s Staircase Wilderness’’. 

25 (b) MAP; LEGAL DESCRIPTION.— 


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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary 

3 shall prepare a map and legal description of the Wil4 derness. 

5 (2) FORCE OF LAW.—The map and legal de6 scription prepared under paragraph (1) shall have 

7 the same force and effect as if included in this Act, 

8 except that the Secretary may correct clerical and 

9 typographical errors in the map and legal descrip10 tion. 

11 (3) AVAILABILITY.—The map and legal descrip12 tion prepared under paragraph (1) shall be on file 

13 and available for public inspection in the appropriate 

14 offices of the Forest Service and Bureau of Land 

15 Management. 

16 (c) ADMINISTRATION.—Subject to valid existing 

17 rights, the area designated as wilderness by this section 

18 shall be administered by the Secretary in accordance with 

19 the Wilderness Act (16 U.S.C. 1131 et seq.), except 

20 that— 

21 (1) any reference in that Act to the effective 

22 date shall be considered to be a reference to the date 

23 of enactment of this Act; and 

24 (2) any reference in that Act to the Secretary 

25 of Agriculture shall be considered to be a reference 


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1 to the Secretary that has jurisdiction over the land 

2 within the Wilderness. 

3 (d) FISH AND WILDLIFE.—Nothing in this section 

4 affects the jurisdiction or responsibilities of the State with 

5 respect to fish and wildlife in the State. 

6 (e) ADJACENT MANAGEMENT.— 

7 (1) IN GENERAL.—Nothing in this section cre8 ates any protective perimeter or buffer zone around 

9 the Wilderness. 

10 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

11 fact that a nonwilderness activity or use on land out12 side the Wilderness can be seen or heard within the 

13 Wilderness shall not preclude the activity or use out14 side the boundary of the Wilderness. 

15 (f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

16 this section diminishes any treaty rights of an Indian 

17 tribe. 

18 (g) TRANSFER OF ADMINISTRATIVE JURISDIC19 TION.— 

20 (1) IN GENERAL.—Administrative jurisdiction 

21 over the approximately 49 acres of Bureau of Land 

22 Management land north of the Umpqua River in sec. 

23 32, T. 21 S., R. 11 W, is transferred from the Bu24 reau of Land Management to the Forest Service. 


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1 (2) ADMINISTRATION.—The Secretary shall ad2 minister the land transferred by paragraph (1) in 

3 accordance with— 

4 (A) the Act of March 1, 1911 (commonly 

5 known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

6 seq.); and 

7 (B) any laws (including regulations) appli8 cable to the National Forest System. 

9 SEC. 313. WILD AND SCENIC RIVER DESIGNATIONS, 

10 WASSON CREEK AND FRANKLIN CREEK, OR11 EGON. 

12 Section 3(a) of the Wild and Scenic Rivers Act (16 

13 U.S.C. 1274(a)) (as amended by section 102(a)) is amend14 ed by adding at the end the following: 

15 ‘‘(215) FRANKLIN CREEK, OREGON.—The 4.5- 

16 mile segment from its headwaters to the line of 

17 angle points within sec. 8, T. 22 S., R. 10 W., 

18 shown on the survey recorded in the Official Records 

19 of Douglas County, Oregon, as M64–62, to be ad20 ministered by the Secretary of Agriculture as a wild 

21 river. 

22 ‘‘(216) WASSON CREEK, OREGON.—The 10.1- 

23 mile segment in the following classes: 

24 ‘‘(A) The 4.2-mile segment from the east25 ern boundary of sec. 17, T. 21 S., R. 9 W., 


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1 downstream to the western boundary of sec. 12, 

2 T. 21 S., R. 10 W., to be administered by the 

3 Secretary of the Interior as a wild river. 

4 ‘‘(B) The 5.9-mile segment from the west5 ern boundary of sec. 12, T. 21 S., R. 10 W., 

6 downstream to the eastern boundary of the 

7 northwest quarter of sec. 22, T. 21 S., R. 10 

8 W., to be administered by the Secretary of Ag9 riculture as a wild river.’’. 

10 Subtitle C—Additional Wild and 

11 Scenic River Designations and 

12 Technical Corrections 

13 SEC. 321. DESIGNATION OF WILD AND SCENIC RIVER SEG14 MENTS, MOLALLA RIVER, OREGON. 

15 (a) IN GENERAL.—Section 3(a) of the Wild and Sce16 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by sec17 tion 313) is amended by adding at the end the following: 

18 ‘‘(217) MOLALLA RIVER, OREGON.— 

19 ‘‘(A) IN GENERAL.—The following seg20 ments in the State of Oregon, to be adminis21 tered by the Secretary of the Interior as a rec22 reational river: 

23 ‘‘(i) MOLALLA RIVER.—The approxi24 mately 15.1-mile segment from the south25 ern boundary line of T. 7 S., R. 4 E., sec. 


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1 19, downstream to the edge of the Bureau 

2 of Land Management boundary in T. 6 S., 

3 R. 3 E., sec. 7. 

4 ‘‘(ii) TABLE ROCK FORK MOLALLA

5 RIVER.—The approximately 6.2-mile seg6 ment from the easternmost Bureau of 

7 Land Management boundary line in the 

NE 1 8 ⁄4 sec. 4, T. 7 S., R. 4 E., down9 stream to the confluence with the Molalla 

10 River. 

11 ‘‘(B) WITHDRAWAL.—Subject to valid ex12 isting rights, the Federal land within the 

13 boundaries of the river segments designated by 

14 subparagraph (A) is withdrawn from all forms 

15 of— 

16 ‘‘(i) entry, appropriation, or disposal 

17 under the public land laws; 

18 ‘‘(ii) location, entry, and patent under 

19 the mining laws; and 

20 ‘‘(iii) disposition under all laws relat21 ing to mineral and geothermal leasing or 

22 mineral materials.’’. 

23 (b) TECHNICAL CORRECTIONS.—Section 3(a)(102) of 

24 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) 

25 is amended— 


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1 (1) in the paragraph heading, by striking 

2 ‘‘SQUAW CREEK’’ and inserting ‘‘WHYCHUS CREEK’’; 

3 (2) in the matter preceding subparagraph (A), 

4 by striking ‘‘McAllister Ditch, including the Soap 

5 Fork Squaw Creek, the North Fork, the South 

6 Fork, the East and West Forks of Park Creek, and 

7 Park Creek Fork’’ and inserting ‘‘Plainview Ditch, 

8 including the Soap Creek, the North and South 

9 Forks of Whychus Creek, the East and West Forks 

10 of Park Creek, and Park Creek’’; and 

11 (3) in subparagraph (B), by striking 

12 ‘‘McAllister Ditch’’ and inserting ‘‘Plainview Ditch’’. 

13 SEC. 322. TECHNICAL CORRECTIONS TO THE WILD AND 

14 SCENIC RIVERS ACT. 

15 Section 3(a)(69) of the Wild and Scenic Rivers Act 

16 (16 U.S.C. 1274(a)(69)) is amended— 

17 (1) by redesignating subparagraphs (A), (B), 

18 and (C) as clauses (i), (ii), and (iii), respectively, 

19 and indenting appropriately; 

20 (2) in the matter preceding clause (i) (as so re21 designated), by striking ‘‘The 44.5-mile’’ and insert22 ing the following: 

23 ‘‘(A) DESIGNATIONS.—The 44.5-mile’’; 

24 (3) in clause (i) (as so redesignated)— 


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1 (A) by striking ‘‘25.5-mile’’ and inserting 

2 ‘‘27.5-mile’’; and 

3 (B) by striking ‘‘Boulder Creek at the 

4 Kalmiopsis Wilderness boundary’’ and inserting 

5 ‘‘Mislatnah Creek’’; 

6 (4) in clause (ii) (as so redesignated)— 

7 (A) by striking ‘‘8-mile’’ and inserting 

8 ‘‘7.5-mile’’; and 

9 (B) by striking ‘‘Boulder Creek to Steel 

10 Bridge’’ and inserting ‘‘Mislatnah Creek to 

11 Eagle Creek’’; 

12 (5) in clause (iii) (as so redesignated)— 

13 (A) by striking ‘‘11-mile’’ and inserting 

14 ‘‘9.5-mile’’; and 

15 (B) by striking ‘‘Steel Bridge’’ and insert16 ing ‘‘Eagle Creek’’; and 

17 (6) by adding at the end the following: 

18 ‘‘(B) WITHDRAWAL.—Subject to valid 

19 rights, the Federal land within the boundaries 

20 of the river segments designated by subpara21 graph (A), is withdrawn from all forms of— 

22 ‘‘(i) entry, appropriation, or disposal 

23 under the public land laws; 

24 ‘‘(ii) location, entry, and patent under 

25 the mining laws; and 


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1 ‘‘(iii) disposition under all laws per2 taining to mineral and geothermal leasing 

3 or mineral materials.’’. 

4 Subtitle D—Frank Moore Wild 

5 Steelhead Sanctuary 

6 SEC. 331. DEFINITIONS. 

7 In this subtitle: 

8 (1) MAP.—The term ‘‘Map’’ means the map en9 titled ‘‘O&C Land Grant Act of 2014: Frank Moore 

10 Wild Steelhead Sanctuary’’ and dated November 3, 

11 2014. 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Agriculture acting through the 

14 Chief of the Forest Service. 

15 (3) STATE.—The term ‘‘State’’ means the State 

16 of Oregon. 

17 SEC. 332. FRANK MOORE WILD STEELHEAD SANCTUARY, 

18 OREGON. 

19 (a) DESIGNATION.—The approximately 104,000 

20 acres of Forest Service land in the State, as generally de21 picted on the map, is designated as the ‘‘Frank Moore 

22 Wild Steelhead Sanctuary’’. 

23 (b) MAP; LEGAL DESCRIPTION.— 

24 (1) IN GENERAL.—As soon as practicable after 

25 the date of enactment of this Act, the Secretary 


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1 shall prepare a map and legal description of the 

2 Frank Moore Wild Steelhead Sanctuary. 

3 (2) FORCE OF LAW.—The map and legal de4 scription prepared under paragraph (1) shall have 

5 the same force and effect as if included in this Act, 

6 except that the Secretary may correct clerical and 

7 typographical errors in the map and legal descrip8 tion. 

9 (3) AVAILABILITY.—The map and legal descrip10 tion prepared under paragraph (1) shall be on file 

11 and available for public inspection in the appropriate 

12 offices of the Forest Service. 

13 (c) ADMINISTRATION.—Subject to valid existing 

14 rights, the area designated as the Frank Moore Wild 

15 Steelhead Sanctuary by this section shall be administered 

16 by the Secretary in accordance with all laws (including 

17 regulations applicable to the National Forest System), and 

18 in addition for the purposes of protecting, preserving and 

19 enhancing the natural character, scientific use, and the 

20 botanical, recreational, ecological, fish and wildlife, scenic, 

21 drinking water, and cultural values of the areas and to 

22 preserve opportunities for primitive recreation and espe23 cially to protect and enhance the wild salmonid resources 

24 of this area and maintain the watershed as a thermal ref25 uge for native salmonids. 


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1 (d) 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 (e) ADJACENT MANAGEMENT.— 

5 (1) IN GENERAL.—Nothing in this section cre6 ates any protective perimeter or buffer zone around 

7 the Frank Moore Wild Steelhead Sanctuary. 

8 (2) ADJACENT MANAGEMENT.—Nothing in this 

9 section creates any protective perimeter or buffer 

10 zone around an area designated under this section. 

11 (f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

12 this section diminishes any treaty rights of an Indian 

13 tribe. 

14 (g) WITHDRAWAL.—Subject to valid existing rights, 

15 the Federal land within the boundaries of the Frank 

16 Moore Wild Steelhead Sanctuary river segments des17 ignated by subsection (a) is withdrawn from all forms of— 

18 (1) entry, appropriation, or disposal under the 

19 public land laws; 

20 (2) location, entry, and patent under the mining 

21 laws; and 

22 (3) disposition under all laws relating to min23 eral and geothermal leasing or mineral materials. 

24 (h) USES.—The Secretary shall only allow uses of the 

25 Frank Moore Wild Steelhead Sanctuary that are conVerDate Sep 11 2014 22:54 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 sistent with the purposes and values for which the Frank 

2 Moore Wild Steelhead Sanctuary is established. 

3 (i) USE OF MOTORIZED VEHICLES.—The use of mo4 torized vehicles within the Frank Moore Wild Steelhead 

5 Sanctuary shall be limited to roads allowed by the Sec6 retary for such use, provided that the Secretary may allow 

7 off-road vehicle use in designated portions of the areas 

8 designated by this section if such use is consistent with 

9 the purposes and values for which the area was des10 ignated. 

11 (j) ROADS.— 

12 (1) IN GENERAL.—The Secretary, to the max13 imum extent practicable, shall decrease the total 

14 mileage of system roads that are operational in the 

15 Frank Moore Wild Steelhead Sanctuary to a quan16 tity less than the quantity of mileage in existence on 

17 the date of enactment of the Oregon and California 

18 Land Grant Act of 2015. The Secretary shall 

19 prioritize decreasing the mileage of the road network 

20 in order to reduce impacts to water quality from 

21 sediment delivered to streams by forest roads. 

22 (2) TEMPORARY ROADS.—If the Secretary con23 structs a temporary road as part of a vegetation 

24 management project, the Secretary shall close and 


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1 decommission the temporary road not later than the 

2 earlier of— 

3 (A) the date that is 2 years after the date 

4 on which the activity for which the temporary 

5 road was constructed is completed; and 

6 (B) the date that is 1 year after the date 

7 on which the vegetation management project is 

8 completed. 

9 (3) NO NEW ROADS.—The Secretary shall pro10 hibit any new system or nonsystem road within the 

11 Frank Moore Wild Steelhead Sanctuary and key wa12 tersheds under the NWFP after the date of enact13 ment of the Oregon and California Land Grant Act 

14 of 2015 except as necessary, where no practicable al15 ternative exists and subject to the availability of ap16 propriations. The Secretary shall also prohibit the 

17 construction of any new road in any roadless area. 

Æ 


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