IIB 

113TH CONGRESS 

1ST SESSION H. R. 1526 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2013 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To restore employment and educational opportunities in, and 

improve the economic stability of, counties containing 

National Forest System land, while also reducing Forest 

Service management costs, by ensuring that such counties have a dependable source of revenue from National 

Forest System land, to provide a temporary extension 

of the Secure Rural Schools and Community Self-Determination Act of 2000, and for other purposes. 


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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 ‘‘Restoring Healthy Forests for Healthy Communities 

6 Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RESTORING THE COMMITMENT TO RURAL COUNTIES 

AND SCHOOLS 

Sec. 101. Purposes. 

Sec. 102. Definitions. 

Sec. 103. Establishment of Forest Reserve Revenue Areas and annual volume 

requirements. 

Sec. 104. Management of Forest Reserve Revenue Areas. 

Sec. 105. Distribution of forest reserve revenues. 

Sec. 106. Annual report. 

TITLE II—HEALTHY FOREST MANAGEMENT AND CATASTROPHIC 

WILDFIRE PREVENTION 

Sec. 201. Purposes. 

Sec. 202. Definitions. 

Sec. 203. Hazardous fuel reduction projects and forest health projects in at-risk 

forests. 

Sec. 204. Environmental analysis. 

Sec. 205. State designation of high-risk areas of National Forest System and 

public lands. 

Sec. 206. Use of hazardous fuels reduction or forest health projects for highrisk areas. 

Sec. 207. Moratorium on use of prescribed fire in Mark Twain National Forest, 

Missouri, pending report. 

TITLE III—OREGON AND CALIFORNIA RAILROAD GRANT LANDS 

TRUST, CONSERVATION, AND JOBS 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Subtitle A—Trust, Conservation, and Jobs 

CHAPTER 1—CREATION AND TERMS OF O&C TRUST

Sec. 311. Creation of O&C Trust and designation of O&C Trust lands. 

Sec. 312. Legal effect of O&C Trust and judicial review. 


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Sec. 313. Board of Trustees. 

Sec. 314. Management of O&C Trust lands. 

Sec. 315. Distribution of revenues from O&C Trust lands. 

Sec. 316. Land exchange authority. 

Sec. 317. Payments to the United States Treasury. 

CHAPTER 2—TRANSFER OF CERTAIN LANDS TO FOREST SERVICE

Sec. 321. Transfer of certain Oregon and California Railroad Grant lands to 

Forest Service. 

Sec. 322. Management of transferred lands by Forest Service. 

Sec. 323. Management efficiencies and expedited land exchanges. 

Sec. 324. Review panel and old growth protection. 

Sec. 325. Uniqueness of old growth protection on Oregon and California Railroad Grant lands. 

CHAPTER 3—TRANSITION

Sec. 331. Transition period and operations. 

Sec. 332. O&C Trust management capitalization. 

Sec. 333. Existing Bureau of Land Management and Forest Service contracts. 

Sec. 334. Protection of valid existing rights and access to non-Federal land. 

Sec. 335. Repeal of superseded law relating to Oregon and California Railroad 

Grant lands. 

Subtitle B—Coos Bay Wagon Roads 

Sec. 341. Transfer of management authority over certain Coos Bay Wagon 

Road Grant lands to Coos County, Oregon. 

Sec. 342. Transfer of certain Coos Bay Wagon Road Grant lands to Forest 

Service. 

Sec. 343. Land exchange authority. 

Subtitle C—Oregon Treasures 

CHAPTER 1—WILDERNESS AREAS

Sec. 351. Designation of Devil’s Staircase Wilderness. 

Sec. 352. Expansion of Wild Rogue Wilderness Area. 

CHAPTER 2—WILD AND SCENIC RIVER DESIGNATED AND RELATED

PROTECTIONS

Sec. 361. Wild and scenic river designations, Molalla River. 

Sec. 362. Wild and Scenic Rivers Act technical corrections related to Chetco 

River. 

Sec. 363. Wild and scenic river designations, Wasson Creek and Franklin 

Creek. 

Sec. 364. Wild and scenic river designations, Rogue River area. 

Sec. 365. Additional protections for Rogue River tributaries. 

CHAPTER 3—ADDITIONAL PROTECTIONS

Sec. 371. Limitations on land acquisition. 

Sec. 372. Overflights. 

Sec. 373. Buffer zones. 

Sec. 374. Prevention of wildfires. 

Sec. 375. Limitation on designation of certain lands in Oregon. 


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CHAPTER 4—EFFECTIVE DATE

Sec. 381. Effective date. 

Subtitle D—Tribal Trust Lands 

PART 1—COUNCIL CREEK LAND CONVEYANCE

Sec. 391. Definitions. 

Sec. 392. Conveyance. 

Sec. 393. Map and legal description. 

Sec. 394. Administration. 

PART 2—OREGON COASTAL LAND CONVEYANCE

Sec. 395. Definitions. 

Sec. 396. Conveyance. 

Sec. 397. Map and legal description. 

Sec. 398. Administration. 

TITLE IV—COMMUNITY FOREST MANAGEMENT DEMONSTRATION 

Sec. 401. Purpose and definitions. 

Sec. 402. Establishment of community forest demonstration areas. 

Sec. 403. Advisory committee. 

Sec. 404. Management of community forest demonstration areas. 

Sec. 405. Distribution of funds from community forest demonstration area. 

Sec. 406. Initial funding authority. 

Sec. 407. Payments to United States Treasury. 

Sec. 408. Termination of community forest demonstration area. 

TITLE V—REAUTHORIZATION AND AMENDMENT OF EXISTING 

AUTHORITIES AND OTHER MATTERS 

Sec. 501. Extension of Secure Rural Schools and Community Self-Determination Act of 2000 pending full operation of Forest Reserve Revenue Areas. 

Sec. 502. Restoring original calculation method for 25-percent payments. 

Sec. 503. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks. 

Sec. 504. Stewardship end result contracting project authority. 

Sec. 505. Clarification of National Forest Management Act of 1976 authority. 

Sec. 506. Treatment as supplemental funding. 

Sec. 507. Exception of certain forest projects and activities from Appeals Reform Act and other review. 

Sec. 508. Definition of fire suppression to include certain related activities. 

Sec. 509. Prohibition on certain actions regarding Forest Service roads and 

trails. 


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1 TITLE I—RESTORING THE COM2 MITMENT TO RURAL COUN3 TIES AND SCHOOLS 

4 SEC. 101. PURPOSES. 

5 The purposes of this title are as follows: 

6 (1) To restore employment and educational op7 portunities in, and improve the economic stability of, 

8 counties containing National Forest System land. 

9 (2) To ensure that such counties have a de10 pendable source of revenue from National Forest 

11 System land. 

12 (3) To reduce Forest Service management costs 

13 while also ensuring the protection of United States 

14 forests resources. 

15 SEC. 102. DEFINITIONS. 

16 In this title: 

17 (1) ANNUAL VOLUME REQUIREMENT.— 

18 (A) IN GENERAL.—The term ‘‘annual vol19 ume requirement’’, with respect to a Forest Re20 serve Revenue Area, means a volume of na21 tional forest materials no less than 50 percent 

22 of the sustained yield of the Forest Reserve 

23 Revenue Area. 

24 (B) EXCLUSIONS.—In determining the vol25 ume of national forest materials or the susVerDate Mar 15 2010 01:37 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1526.RFS H1526

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1 tained yield of a Forest Reserve Revenue Area, 

2 the Secretary may not include non-commercial 

3 post and pole sales and personal use firewood. 

4 (2) BENEFICIARY COUNTY.—The term ‘‘bene5 ficiary county’’ means a political subdivision of a 

6 State that, on account of containing National Forest 

7 System land, was eligible to receive payments 

8 through the State under title I of the Secure Rural 

9 Schools and Community Self-Determination Act of 

10 2000 (16 U.S.C. 7111 et seq.). 

11 (3) CATASTROPHIC EVENT.—The term ‘‘cata12 strophic event’’ means an event (including severe 

13 fire, insect or disease infestations, windthrow, or 

14 other extreme weather or natural disaster) that the 

15 Secretary determines will cause or has caused sub16 stantial damage to National Forest System land or 

17 natural resources on National Forest System land. 

18 (4) COVERED FOREST RESERVE PROJECT.— 

19 The terms ‘‘covered forest reserve project’’ and ‘‘cov20 ered project’’ mean a project involving the manage21 ment or sale of national forest materials within a 

22 Forest Reserve Revenue Area to generate forest re23 serve revenues and achieve the annual volume re24 quirement for the Forest Reserve Revenue Area. 

25 (5) FOREST RESERVE REVENUE AREA.— 


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1 (A) IN GENERAL.—The term ‘‘Forest Re2 serve Revenue Area’’ means National Forest 

3 System land in a unit of the National Forest 

4 System designated for sustainable forest man5 agement for the production of national forest 

6 materials and forest reserve revenues. 

7 (B) INCLUSIONS.—Subject to subpara8 graph (C), but otherwise notwithstanding any 

9 other provision of law, including executive or10 ders and regulations, the Secretary shall include 

11 in Forest Reserve Revenue Areas not less than 

12 50 percent of the National Forest System lands 

13 identified as commercial forest land capable of 

14 producing twenty cubic feet of timber per acre. 

15 (C) EXCLUSIONS.—A Forest Reserve Rev16 enue Area may not include National Forest 

17 System land— 

18 (i) that is a component of the Na19 tional Wilderness Preservation System; 

20 (ii) on which the removal of vegetation 

21 is specifically prohibited by Federal stat22 ute; or 

23 (iii) that is within a National Monu24 ment as of the date of the enactment of 

25 this Act. 


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1 (6) FOREST RESERVE REVENUES.—The term 

2 ‘‘forest reserve revenues’’ means revenues derived 

3 from the sale of national forest materials in a Forest 

4 Reserve Revenue Area. 

5 (7) NATIONAL FOREST MATERIALS.—The term 

6 ‘‘national forest materials’’ has the meaning given 

7 that term in section 14(e)(1) of the National Forest 

8 Management Act of 1976 (16 U.S.C. 472a(e)(1)). 

9 (8) NATIONAL FOREST SYSTEM.—The term 

10 ‘‘National Forest System’’ has the meaning given 

11 that term in section 11(a) of the Forest and Range12 land Renewable Resources Planning Act of 1974 (16 

13 U.S.C. 1609(a)), except that the term does not in14 clude the National Grasslands and land utilization 

15 projects designated as National Grasslands adminis16 tered pursuant to the Act of July 22, 1937 (7 

17 U.S.C. 1010–1012). 

18 (9) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Agriculture. 

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

21 yield’’ means the maximum annual growth potential 

22 of the forest calculated on the basis of the culmina23 tion of mean annual increment using cubic measure24 ment. 


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1 (11) STATE.—The term ‘‘State’’ includes the 

2 Commonwealth of Puerto Rico. 

3 (12) 25-PERCENT PAYMENT.—The term ‘‘25- 

4 percent payment’’ means the payment to States re5 quired by the sixth paragraph under the heading of 

6 ‘‘FOREST SERVICE’’ in the Act of May 23, 1908 

7 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the 

8 Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 

9 500). 

10 SEC. 103. ESTABLISHMENT OF FOREST RESERVE REVENUE 

11 AREAS AND ANNUAL VOLUME REQUIRE12 MENTS. 

13 (a) ESTABLISHMENT OF FOREST RESERVE REV14 ENUE AREAS.—Notwithstanding any other provision of 

15 law, the Secretary shall establish one or more Forest Re16 serve Revenue Areas within each unit of the National For17 est System. 

18 (b) DEADLINE FOR ESTABLISHMENT.—The Sec19 retary shall complete establishment of the Forest Reserve 

20 Revenue Areas not later than 60 days after the date of 

21 enactment of this Act, 

22 (c) PURPOSE.—The purpose of a Forest Reserve Rev23 enue Area is to provide a dependable source of 25-percent 

24 payments and economic activity through sustainable forest 


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1 management for each beneficiary county containing Na2 tional Forest System land. 

3 (d) FIDUCIARY RESPONSIBILITY.—The Secretary 

4 shall have a fiduciary responsibility to beneficiary counties 

5 to manage Forest Reserve Revenue Areas to satisfy the 

6 annual volume requirement. 

7 (e) DETERMINATION OF ANNUAL VOLUME REQUIRE8 MENT.—Not later than 30 days after the date of the es9 tablishment of a Forest Reserve Revenue Area, the Sec10 retary shall determine the annual volume requirement for 

11 that Forest Reserve Revenue Area. 

12 (f) LIMITATION ON REDUCTION OF FOREST RE13 SERVE REVENUE AREAS.—Once a Forest Reserve Rev14 enue Area is established under subsection (a), the Sec15 retary may not reduce the number of acres of National 

16 Forest System land included in that Forest Reserve Rev17 enue Area. 

18 (g) MAP.—The Secretary shall provide a map of all 

19 Forest Reserve Revenue Areas established under sub20 section (a) for each unit of the National Forest System— 

21 (1) to the Committee on Agriculture and the 

22 Committee on Natural Resources of the House of 

23 Representatives; and 


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1 (2) to the Committee on Agriculture, Nutrition, 

2 and Forestry and the Committee on Energy and 

3 Natural Resources of the Senate. 

4 (h) RECOGNITION OF VALID AND EXISTING

5 RIGHTS.—Neither the establishment of Forest Reserve 

6 Revenue Areas under subsection (a) nor any other provi7 sion of this title shall be construed to limit or restrict— 

8 (1) access to National Forest System land for 

9 hunting, fishing, recreation, and other related pur10 poses; or 

11 (2) valid and existing rights regarding National 

12 Forest System land, including rights of any federally 

13 recognized Indian tribe. 

14 SEC. 104. MANAGEMENT OF FOREST RESERVE REVENUE 

15 AREAS. 

16 (a) REQUIREMENT TO ACHIEVE ANNUAL VOLUME

17 REQUIREMENT.—Immediately upon the establishment of 

18 a Forest Reserve Revenue Area, the Secretary shall man19 age the Forest Reserve Revenue Area in the manner nec20 essary to achieve the annual volume requirement for the 

21 Forest Reserve Revenue Area. The Secretary is authorized 

22 and encouraged to commence covered forest reserve 

23 projects as soon as practicable after the date of the enact24 ment of this Act to begin generating forest reserve reve25 nues. 


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1 (b) STANDARDS FOR PROJECTS WITHIN FOREST RE2 SERVE REVENUE AREAS.—The Secretary shall conduct 

3 covered forest reserve projects within Forest Reserve Rev4 enue Areas in accordance with this section, which shall 

5 serve as the sole means by which the Secretary will comply 

6 with the National Environmental Policy Act of 1969 (42 

7 U.S.C. 4331 et seq.) and other laws applicable to the cov8 ered projects. 

9 (c) ENVIRONMENTAL ANALYSIS PROCESS FOR

10 PROJECTS IN FOREST RESERVE REVENUE AREAS.— 

11 (1) ENVIRONMENTAL ASSESSMENT.—The Sec12 retary shall give published notice and complete an 

13 environmental assessment pursuant to section 

14 102(2) of the National Environmental Policy Act of 

15 1969 (42 U.S.C. 4332(2)) for a covered forest re16 serve project proposed to be conducted within a For17 est Reserve Revenue Area, except that the Secretary 

18 is not required to study, develop, or describe any al19 ternative to the proposed agency action. 

20 (2) CUMULATIVE EFFECTS.—The Secretary 

21 shall consider cumulative effects solely by evaluating 

22 the impacts of a proposed covered forest reserve 

23 project combined with the impacts of any other 

24 projects that were approved with a Decision Notice 

25 or Record of Decision before the date on which the 


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1 Secretary published notice of the proposed covered 

2 project. The cumulative effects of past projects may 

3 be considered in the environmental assessment by 

4 using a description of the current environmental 

5 conditions. 

6 (3) LENGTH.—The environmental assessment 

7 prepared for a proposed covered forest reserve 

8 project shall not exceed 100 pages in length. The 

9 Secretary may incorporate in the environmental as10 sessment, by reference, any documents that the Sec11 retary determines, in the sole discretion of the Sec12 retary, are relevant to the assessment of the environ13 mental effects of the covered project. 

14 (4) DEADLINE FOR COMPLETION.—The Sec15 retary shall complete the environmental assessment 

16 for a covered forest reserve project within 180 days 

17 after the date on which the Secretary published no18 tice of the proposed covered project. 

19 (5) TREATMENT OF DECISION NOTICE.—The 

20 decision notice for a covered forest reserve project 

21 shall be considered a final agency action and no ad22 ditional analysis under the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall be 

24 required to implement any portion of the covered 

25 project. 


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1 (6) CATEGORICAL EXCLUSION.—A covered for2 est reserve project that is proposed in response to a 

3 catastrophic event, that covers an area of 10,000 

4 acres or less, or an eligible hazardous fuel reduction 

5 or forest health project proposed under title II that 

6 involves the removal of insect-infected trees, dead or 

7 dying trees, trees presenting a threat to public safe8 ty, or other hazardous fuels within 500 feet of utility 

9 or telephone infrastructure, campgrounds, roadsides, 

10 heritage sites, recreation sites, schools, or other in11 frastructure, shall be categorically excluded from the 

12 requirements of the National Environmental Policy 

13 Act of 1969 (42 U.S.C. 4331 et seq.). 

14 (d) APPLICATION OF LAND AND RESOURCE MANAGE15 MENT PLAN.—The Secretary may modify the standards 

16 and guidelines contained in the land and resource manage17 ment plan for the unit of the National Forest System in 

18 which the covered forest reserve project will be carried out 

19 as necessary to achieve the requirements of this Act. Sec20 tion 6(g)(3)(E)(iv) of the Forest and Rangeland Renew21 able Resources Planning Act of 1974 (16 U.S.C. 

22 1604(g)(3)(E)(iv)) shall not apply to a covered forest re23 serve project. 

24 (e) COMPLIANCE WITH ENDANGERED SPECIES

25 ACT.— 


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1 (1) NON-JEOPARDY ASSESSMENT.—If the Sec2 retary determines that a proposed covered forest re3 serve project may affect the continued existence of 

4 any species listed as endangered or threatened under 

5 section 4 of the Endangered Species Act of 1973 (16 

6 U.S.C. 1533), the Secretary shall issue a determina7 tion explaining the view of the Secretary that the 

8 proposed covered project is not likely to jeopardize 

9 the continued existence of the species. 

10 (2) SUBMISSION, REVIEW, AND RESPONSE.— 

11 (A) SUBMISSION.—The Secretary shall 

12 submit a determination issued by the Secretary 

13 under paragraph (1) to the Secretary of the In14 terior or the Secretary of Commerce, as appro15 priate. 

16 (B) REVIEW AND RESPONSE.—Within 30 

17 days after receiving a determination under sub18 paragraph (A), the Secretary of the Interior or 

19 the Secretary of Commerce, as appropriate, 

20 shall provide a written response to the Sec21 retary concurring in or rejecting the Secretary’s 

22 determination. If the Secretary of the Interior 

23 or the Secretary of Commerce rejects the deter24 mination, the written response shall include rec25 ommendations for measures that— 


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1 (i) will avoid the likelihood of jeopardy 

2 to an endangered or threatened species; 

3 (ii) can be implemented in a manner 

4 consistent with the intended purpose of the 

5 covered forest reserve project; 

6 (iii) can be implemented consistent 

7 with the scope of the Secretary’s legal au8 thority and jurisdiction; and 

9 (iv) are economically and techno10 logically feasible. 

11 (3) FORMAL CONSULTATION.—If the Secretary 

12 of the Interior or the Secretary of Commerce rejects 

13 a determination issued by the Secretary under para14 graph (1), the Secretary of the Interior or the Sec15 retary of Commerce also is required to engage in 

16 formal consultation with the Secretary. The Secre17 taries shall complete such consultation pursuant to 

18 section 7 of the Endangered Species Act of 1973 (16 

19 U.S.C. 1536) within 90 days after the submission of 

20 the written response under paragraph (2). 

21 (f) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

22 (1) ADMINISTRATIVE REVIEW.—Administrative 

23 review of a covered forest reserve project shall occur 

24 only in accordance with the special administrative 

25 review process established under section 105 of the 


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1 Healthy Forests Restoration Act of 2003 (16 U.S.C. 

2 6515). 

3 (2) JUDICIAL REVIEW.— 

4 (A) IN GENERAL.—Judicial review of a 

5 covered forest reserve project shall occur in ac6 cordance with section 106 of the Healthy For7 ests Restoration Act of 2003 (16 U.S.C. 6516), 

8 except that a court of the United States may 

9 not issue a restraining order, preliminary in10 junction, or injunction pending appeal covering 

11 a covered forest reserve project in response to 

12 an allegation that the Secretary violated any 

13 procedural requirement applicable to how the 

14 project was selected, planned, or analyzed. 

15 (B) BOND REQUIRED.—A plaintiff chal16 lenging a covered forest reserve project shall be 

17 required to post a bond or other security ac18 ceptable to the court for the reasonably esti19 mated costs, expenses, and attorneys fees of the 

20 Secretary as defendant. All proceedings in the 

21 action shall be stayed until the security is given. 

22 If the plaintiff has not complied with the order 

23 to post such bond or other security within 90 

24 days after the date of service of the order, then 

25 the action shall be dismissed with prejudice. 


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1 (C) RECOVERY.—If the Secretary prevails 

2 in the case, the Secretary shall submit to the 

3 court a motion for payment of all litigation ex4 penses. 

5 (g) USE OF ALL-TERRAIN VEHICLES FOR MANAGE6 MENT ACTIVITIES.—The Secretary may allow the use of 

7 all-terrain vehicles within the Forest Reserve Revenue 

8 Areas for the purpose of activities associated with the sale 

9 of national forest materials in a Forest Reserve Revenue 

10 Area. 

11 SEC. 105. DISTRIBUTION OF FOREST RESERVE REVENUES. 

12 (a) 25-PERCENT PAYMENTS.—The Secretary shall 

13 use forest reserve revenues generated by a covered forest 

14 reserve project to make 25-percent payments to States for 

15 the benefit of beneficiary counties. 

16 (b) DEPOSIT IN KNUTSON-VANDENBERG AND SAL17 VAGE SALE FUNDS.—After compliance with subsection 

18 (a), the Secretary shall use forest reserve revenues to 

19 make deposits into the fund established under section 3 

20 of the Act of June 9, 1930 (16 U.S.C. 576b; commonly 

21 known as the Knutson-Vandenberg Fund) and the fund 

22 established under section 14(h) of the National Forest 

23 Management Act of 1976 (16 U.S.C. 472a(h); commonly 

24 known as the salvage sale fund) in contributions equal to 


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1 the monies otherwise collected under those Acts for 

2 projects conducted on National Forest System land. 

3 (c) DEPOSIT IN GENERAL FUND OF THE TREAS4 URY.—After compliance with subsections (a) and (b), the 

5 Secretary shall deposit remaining forest reserve revenues 

6 into the general fund of the Treasury. 

7 SEC. 106. ANNUAL REPORT. 

8 (a) REPORT REQUIRED.—Not later than 60 days 

9 after the end of each fiscal year, the Secretary shall sub10 mit to Congress an annual report specifying the annual 

11 volume requirement in effect for that fiscal year for each 

12 Forest Reserve Revenue Area, the volume of board feet 

13 actually harvested for each Forest Reserve Revenue Area, 

14 the average cost of preparation for timber sales, the forest 

15 reserve revenues generated from such sales, and the 

16 amount of receipts distributed to each beneficiary county. 

17 (b) FORM OF REPORT.—The information required by 

18 subsection (a) to be provided with respect to a Forest Re19 serve Revenue Area shall be presented on a single page. 

20 In addition to submitting each report to Congress, the 

21 Secretary shall also make the report available on the 

22 website of the Forest Service. 


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1 TITLE II—HEALTHY FOREST 

2 MANAGEMENT AND CATA3 STROPHIC WILDFIRE PRE4 VENTION 

5 SEC. 201. PURPOSES. 

6 The purposes of this title are as follows: 

7 (1) To provide the Secretary of Agriculture and 

8 the Secretary of the Interior with the tools necessary 

9 to reduce the potential for wildfires. 

10 (2) To expedite wildfire prevention projects to 

11 reduce the chances of wildfire on certain high-risk 

12 Federal lands. 

13 (3) To protect communities and forest habitat 

14 from uncharacteristic wildfires. 

15 (4) To enhance aquatic conditions and terres16 trial wildlife habitat. 

17 (5) To restore diverse and resilient landscapes 

18 through improved forest conditions. 

19 SEC. 202. DEFINITIONS. 

20 In this title: 

21 (1) AT-RISK COMMUNITY.—The term ‘‘at-risk 

22 community’’ has the meaning given that term in sec23 tion 101 of the Healthy Forests Restoration Act of 

24 2003 (16 U.S.C. 6511). 


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1 (2) AT-RISK FOREST.—The term ‘‘at-risk for2 est’’ means— 

3 (A) Federal land in condition class II or 

4 III, as those classes were developed by the For5 est Service Rocky Mountain Research Station 

6 in the general technical report titled ‘‘Develop7 ment of Coarse-Scale Spatial Data for Wildland 

8 Fire and Fuel Management’’ (RMRS–87) and 

9 dated April 2000 or any subsequent revision of 

10 the report; or 

11 (B) Federal land where there exists a high 

12 risk of losing an at-risk community, key eco13 system, water supply, wildlife, or wildlife habi14 tat to wildfire, including catastrophic wildfire 

15 and post-fire disturbances, as designated by the 

16 Secretary concerned. 

17 (3) FEDERAL LAND.— 

18 (A) COVERED LAND.—The term ‘‘Federal 

19 land’’ means— 

20 (i) land of the National Forest System 

21 (as defined in section 11(a) of the Forest 

22 and Rangeland Renewable Resources Plan23 ning Act of 1974 (16 U.S.C. 1609(a))); or 


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1 (ii) public lands (as defined in section 

2 103 of the Federal Land Policy and Man3 agement Act of 1976 (43 U.S.C. 1702)). 

4 (B) EXCLUDED LAND.—The term does not 

5 include land— 

6 (i) that is a component of the Na7 tional Wilderness Preservation System; 

8 (ii) on which the removal of vegetation 

9 is specifically prohibited by Federal stat10 ute; or 

11 (iii) that is within a National Monu12 ment as of the date of the enactment of 

13 this Act. 

14 (4) HIGH-RISK AREA.—The term ‘‘high-risk 

15 area’’ means an area of Federal land identified 

16 under section 205 as an area suffering from the 

17 bark beetle epidemic, drought, or deteriorating forest 

18 health conditions, with the resulting imminent risk 

19 of devastating wildfires, or otherwise at high risk for 

20 bark beetle infestation, drought, or wildfire. 

21 (5) SECRETARY CONCERNED.—The term ‘‘Sec22 retary concerned’’ means— 

23 (A) the Secretary of Agriculture, in the 

24 case of National Forest System land; and 


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1 (B) the Secretary of the Interior, in the 

2 case of public lands. 

3 (6) ELIGIBLE HAZARDOUS FUEL REDUCTION

4 AND FOREST HEALTH PROJECTS.—The terms ‘‘haz5 ardous fuel reduction project’’ or ‘‘forest health 

6 project’’ mean the measures and methods developed 

7 for a project to be carried out on Federal land— 

8 (A) in an at-risk forest under section 203 

9 for hazardous fuels reduction, forest health, for10 est restoration, or watershed restoration, using 

11 ecological restoration principles consistent with 

12 the forest type where such project will occur; or 

13 (B) in a high-risk area under section 206. 

14 SEC. 203. HAZARDOUS FUEL REDUCTION PROJECTS AND 

15 FOREST HEALTH PROJECTS IN AT-RISK FOR16 ESTS. 

17 (a) IMPLEMENTATION.—As soon as practicable after 

18 the date of the enactment of this Act, the Secretary con19 cerned is authorized to implement a hazardous fuel reduc20 tion project or a forest health project in at-risk forests 

21 in a manner that focuses on surface, ladder, and canopy 

22 fuels reduction activities using ecological restoration prin23 ciples consistent with the forest type in the location where 

24 such project will occur. 

25 (b) AUTHORIZED PRACTICES.— 


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1 (1) INCLUSION OF LIVESTOCK GRAZING AND

2 TIMBER HARVESTING.—A hazardous fuel reduction 

3 project or a forest health project may include live4 stock grazing and timber harvest projects carried 

5 out for the purposes of hazardous fuels reduction, 

6 forest health, forest restoration, watershed restora7 tion, or threatened and endangered species habitat 

8 protection or improvement, if the management ac9 tion is consistent with achieving long-term ecological 

10 restoration of the forest type in the location where 

11 such project will occur. 

12 (2) GRAZING.—Domestic livestock grazing may 

13 be used in a hazardous fuel reduction project or a 

14 forest health project to reduce surface fuel loads and 

15 to recover burned areas. Utilization standards shall 

16 not apply when domestic livestock grazing is used in 

17 such a project. 

18 (3) TIMBER HARVESTING AND THINNING.— 

19 Timber harvesting and thinning, where the ecologi20 cal restoration principles are consistent with the for21 est type in the location where such project will 

22 occur, may be used in a hazardous fuel reduction 

23 project or a forest health project to reduce ladder 

24 and canopy fuel loads to prevent unnatural fire. 


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1 (c) PRIORITY.—The Secretary concerned shall give 

2 priority to hazardous fuel reduction projects and forest 

3 health projects submitted by the Governor of a State as 

4 provided in section 206(c) and to projects submitted under 

5 the Tribal Forest Protection Act of 2004 (25 U.S.C. 

6 3115a). 

7 SEC. 204. ENVIRONMENTAL ANALYSIS. 

8 Subsections (b) through (f) of section 104 shall apply 

9 to the implementation of a hazardous fuel reduction 

10 project or a forest health project under this title. In addi11 tion, if the primary purpose of a hazardous fuel reduction 

12 project or a forest health project under this title is the 

13 salvage of dead, damaged, or down timber resulting from 

14 wildfire occurring in 2013, the hazardous fuel reduction 

15 project or forest health project, and any decision of the 

16 Secretary concerned in connection with the project, shall 

17 not be subject to judicial review or to any restraining order 

18 or injunction issued by a United States court. 

19 SEC. 205. STATE DESIGNATION OF HIGH-RISK AREAS OF NA20 TIONAL FOREST SYSTEM AND PUBLIC LANDS. 

21 (a) DESIGNATION AUTHORITY.—The Governor of a 

22 State may designate high-risk areas of Federal land in the 

23 State for the purposes of addressing— 

24 (1) deteriorating forest health conditions in ex25 istence as of the date of the enactment of this Act 


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1 due to the bark beetle epidemic or drought, with the 

2 resulting imminent risk of devastating wildfires; and 

3 (2) the future risk of insect infestations or dis4 ease outbreaks through preventative treatments to 

5 improve forest health conditions. 

6 (b) CONSULTATION.—In designating high-risk areas, 

7 the Governor of a State shall consult with county govern8 ment from affected counties and with affected Indian 

9 tribes. 

10 (c) EXCLUSION OF CERTAIN AREAS.—The following 

11 Federal land may not be designated as a high-risk area: 

12 (1) A component of the National Wilderness 

13 Preservation System. 

14 (2) Federal land on which the removal of vege15 tation is specifically prohibited by Federal statute. 

16 (3) Federal land within a National Monument 

17 as of the date of the enactment of this Act. 

18 (d) STANDARDS FOR DESIGNATION.—Designation of 

19 high-risk areas shall be consistent with standards and 

20 guidelines contained in the land and resource management 

21 plan or land use plan for the unit of Federal land for 

22 which the designation is being made, except that the Sec23 retary concerned may modify such standards and guide24 lines to correspond with a specific high-risk area designa25 tion. 


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1 (e) TIME FOR INITIAL DESIGNATIONS.—The first 

2 high-risk areas should be designated not later than 60 

3 days after the date of the enactment of this Act, but high4 risk areas may be designated at any time consistent with 

5 subsection (a). 

6 (f) DURATION OF DESIGNATION.—The designation of 

7 a high-risk area in a State shall expire 20 years after the 

8 date of the designation, unless earlier terminated by the 

9 Governor of the State. 

10 (g) REDESIGNATION.—The expiration of the 20-year 

11 period specified in subsection (f) does not prohibit the 

12 Governor from redesignating an area of Federal land as 

13 a high-risk area under this section if the Governor deter14 mines that the Federal land continues to be subject to the 

15 terms of this section. 

16 (h) RECOGNITION OF VALID AND EXISTING

17 RIGHTS.—The designation of a high-risk area shall not 

18 be construed to limit or restrict— 

19 (1) access to Federal land included in the area 

20 for hunting, fishing, and other related purposes; or 

21 (2) valid and existing rights regarding the Fed22 eral land. 


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1 SEC. 206. USE OF HAZARDOUS FUELS REDUCTION OR FOR2 EST HEALTH PROJECTS FOR HIGH-RISK 

3 AREAS. 

4 (a) PROJECT PROPOSALS.— 

5 (1) PROPOSALS AUTHORIZED.—Upon designa6 tion of a high-risk area in a State, the Governor of 

7 the State may provide for the development of pro8 posed hazardous fuel reduction projects or forest 

9 health projects for the high-risk area. 

10 (2) PROJECT CRITERIA.—In preparing a pro11 posed hazardous fuel reduction project or a forest 

12 health project, the Governor of a State and the Sec13 retary concerned shall— 

14 (A) take into account managing for rights 

15 of way, protection of watersheds, protection of 

16 wildlife and endangered species habitat, safe17 guarding water resources, and protecting at18 risk communities from wildfires; and 

19 (B) emphasize activities that thin the for20 est to provide the greatest health and longevity 

21 of the forest. 

22 (b) CONSULTATION.—In preparing a proposed haz23 ardous fuel reduction project or a forest health project, 

24 the Governor of a State shall consult with county govern25 ment from affected counties, and with affected Indian 

26 tribes. 


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1 (c) SUBMISSION AND IMPLEMENTATION.—The Gov2 ernor of a State shall submit proposed emergency haz3 ardous fuel reduction projects and forest health projects 

4 to the Secretary concerned for implementation as provided 

5 in section 203. 

6 SEC. 207. MORATORIUM ON USE OF PRESCRIBED FIRE IN 

7 MARK TWAIN NATIONAL FOREST, MISSOURI, 

8 PENDING REPORT. 

9 (a) MORATORIUM.—Except as provided in subsection 

10 (b), the Secretary of Agriculture may not conduct any pre11 scribed fire in Mark Twain National Forest, Missouri, 

12 under the Collaborative Forest Landscape Restoration 

13 Project until the report required by subsection (c) is sub14 mitted to Congress. 

15 (b) EXCEPTION FOR WILDFIRE SUPPRESSION.—Sub16 section (a) does not prohibit the use of prescribed fire as 

17 part of wildfire suppression activities. 

18 (c) REPORT REQUIRED.—Not later than one year 

19 after the date of the enactment of this Act, the Secretary 

20 of Agriculture shall submit to Congress a report con21 taining an evaluation of recent and current Forest Service 

22 management practices for Mark Twain National Forest, 

23 including lands in the National Forest enrolled, or under 

24 consideration for enrollment, in the Collaborative Forest 

25 Landscape Restoration Project to convert certain lands 


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1 into shortleaf pine-oak woodlands, to determine the impact 

2 of such management practices on forest health and tree 

3 mortality. The report shall specifically address— 

4 (1) the economic costs associated with the fail5 ure to utilize hardwoods cut as part of the Collabo6 rative Forest Landscape Restoration Project and the 

7 subsequent loss of hardwood production from the 

8 treated lands in the long term; 

9 (2) the extent of increased tree mortality due to 

10 excessive heat generated by prescribed fires; 

11 (3) the impacts to water quality and rate of 

12 water run off due to erosion of the scorched earth 

13 left in the aftermath of the prescribed fires; and 

14 (4) a long-term plan for evaluation of the im15 pacts of prescribed fires on lands previously burned 

16 within the Eleven Point Ranger District. 

17 TITLE III—OREGON AND CALI18 FORNIA RAILROAD GRANT 

19 LANDS TRUST, CONSERVA20 TION, AND JOBS 

21 SEC. 301. SHORT TITLE. 

22 This title may be cited as the ‘‘O&C Trust, Conserva23 tion, and Jobs Act’’. 

24 SEC. 302. DEFINITIONS. 

25 In this title: 


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1 (1) AFFILIATES.—The term ‘‘Affiliates’’ has 

2 the meaning given such term in part 121 of title 13, 

3 Code of Federal Regulations. 

4 (2) BOARD OF TRUSTEES.—The term ‘‘Board 

5 of Trustees’’ means the Board of Trustees for the 

6 Oregon and California Railroad Grant Lands Trust 

7 appointed under section 313. 

8 (3) COOS BAY WAGON ROAD GRANT LANDS.— 

9 The term ‘‘Coos Bay Wagon Road Grant lands’’ 

10 means the lands reconveyed to the United States 

11 pursuant to the first section of the Act of February 

12 26, 1919 (40 Stat. 1179). 

13 (4) FISCAL YEAR.—The term ‘‘fiscal year’’ 

14 means the Federal fiscal year, October 1 through 

15 the next September 30. 

16 (5) GOVERNOR.—The term ‘‘Governor’’ means 

17 the Governor of the State of Oregon. 

18 (6) O&C REGION PUBLIC DOMAIN LANDS.—The 

19 term ‘‘O&C Region Public Domain lands’’ means all 

20 the land managed by the Bureau of Land Manage21 ment in the Salem District, Eugene District, 

22 Roseburg District, Coos Bay District, and Medford 

23 District in the State of Oregon, excluding the Or24 egon and California Railroad Grant lands and the 

25 Coos Bay Wagon Road Grant lands. 


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1 (7) O&C TRUST.—The terms ‘‘Oregon and Cali2 fornia Railroad Grant Lands Trust’’ and ‘‘O&C 

3 Trust’’ mean the trust created by section 311, which 

4 has fiduciary responsibilities to act for the benefit of 

5 the O&C Trust counties in the management of O&C 

6 Trust lands. 

7 (8) O&C TRUST COUNTY.—The term ‘‘O&C 

8 Trust county’’ means each of the 18 counties in the 

9 State of Oregon that contained a portion of the Or10 egon and California Railroad Grant lands as of Jan11 uary 1, 2013, each of which are beneficiaries of the 

12 O&C Trust. 

13 (9) O&C TRUST LANDS.—The term ‘‘O&C 

14 Trust lands’’ means the surface estate of the lands 

15 over which management authority is transferred to 

16 the O&C Trust pursuant to section 311(c)(1). The 

17 term does not include any of the lands excluded 

18 from the O&C Trust pursuant to section 311(c)(2), 

19 transferred to the Forest Service under section 321, 

20 or Tribal lands transferred under subtitle D. 

21 (10) OREGON AND CALIFORNIA RAILROAD

22 GRANT LANDS.—The term ‘‘Oregon and California 

23 Railroad Grant lands’’ means the following lands: 

24 (A) All lands in the State of Oregon re25 vested in the United States under the Act of 


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1 June 9, 1916 (39 Stat. 218), regardless of 

2 whether the lands are— 

3 (i) administered by the Secretary of 

4 the Interior, acting through the Bureau of 

5 Land Management, pursuant to the first 

6 section of the Act of August 28, 1937 (43 

7 U.S.C. 1181a); or 

8 (ii) administered by the Secretary of 

9 Agriculture as part of the National Forest 

10 System pursuant to the first section of the 

11 Act of June 24, 1954 (43 U.S.C. 1181g). 

12 (B) All lands in the State obtained by the 

13 Secretary of the Interior pursuant to the land 

14 exchanges authorized and directed by section 2 

15 of the Act of June 24, 1954 (43 U.S.C. 1181h). 

16 (C) All lands in the State acquired by the 

17 United States at any time and made subject to 

18 the provisions of title II of the Act of August 

19 28, 1937 (43 U.S.C. 1181f). 

20 (11) RESERVE FUND.—The term ‘‘Reserve 

21 Fund’’ means the reserve fund created by the Board 

22 of Trustees under section 315(b). 

23 (12) SECRETARY CONCERNED.—The term 

24 ‘‘Secretary concerned’’ means— 


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1 (A) the Secretary of the Interior, with re2 spect to Oregon and California Railroad Grant 

3 lands that are transferred to the management 

4 authority of the O&C Trust and, immediately 

5 before such transfer, were managed by the Bu6 reau of Land Management; and 

7 (B) the Secretary of Agriculture, with re8 spect to Oregon and California Railroad Grant 

9 lands that— 

10 (i) are transferred to the management 

11 authority of the O&C Trust and, imme12 diately before such transfer, were part of 

13 the National Forest System; or 

14 (ii) are transferred to the Forest 

15 Service under section 321. 

16 (13) STATE.—The term ‘‘State’’ means the 

17 State of Oregon. 

18 (14) TRANSITION PERIOD.—The term ‘‘transi19 tion period’’ means the three fiscal-year period speci20 fied in section 331 following the appointment of the 

21 Board of Trustees during which— 

22 (A) the O&C Trust is created; and 

23 (B) interim funding of the O&C Trust is 

24 secured. 


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1 (15) TRIBAL LANDS.—The term ‘‘Tribal lands’’ 

2 means any of the lands transferred to the Cow 

3 Creek Band of the Umpqua Tribe of Indians or the 

4 Confederated Tribes of Coos, Lower Umpqua, and 

5 Siuslaw Indians under subtitle D. 

6 Subtitle A—Trust, Conservation, 

7 and Jobs 

8 CHAPTER 1—CREATION AND TERMS OF 

9 O&C TRUST 

10 SEC. 311. CREATION OF O&C TRUST AND DESIGNATION OF 

11 O&C TRUST LANDS. 

12 (a) CREATION.—The Oregon and California Railroad 

13 Grant Lands Trust is established effective on October 1 

14 of the first fiscal year beginning after the appointment of 

15 the Board of Trustees. As management authority over the 

16 surface of estate of the O&C Trust lands is transferred 

17 to the O&C Trust during the transition period pursuant 

18 to section 331, the transferred lands shall be held in trust 

19 for the benefit of the O&C Trust counties. 

20 (b) TRUST PURPOSE.—The purpose of the O&C 

21 Trust is to produce annual maximum sustained revenues 

22 in perpetuity for O&C Trust counties by managing the 

23 timber resources on O&C Trust lands on a sustained-yield 

24 basis subject to the management requirements of section 

25 314. 


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1 (c) DESIGNATION OF O&C TRUST LANDS.— 

2 (1) LANDS INCLUDED.—Except as provided in 

3 paragraph (2), the O&C Trust lands shall include all 

4 of the lands containing the stands of timber de5 scribed in subsection (d) that are located, as of Jan6 uary 1, 2013, on Oregon and California Railroad 

7 Grant lands and O&C Region Public Domain lands. 

8 (2) LANDS EXCLUDED.—O&C Trust lands shall 

9 not include any of the following Oregon and Cali10 fornia Railroad Grant lands and O&C Region Public 

11 Domain lands (even if the lands are otherwise de12 scribed in subsection (d)): 

13 (A) Federal lands within the National 

14 Landscape Conservation System as of January 

15 1, 2013. 

16 (B) Federal lands designated as Areas of 

17 Critical Environmental Concern as of January 

18 1, 2013. 

19 (C) Federal lands that were in the Na20 tional Wilderness Preservation System as of 

21 January 1, 2013. 

22 (D) Federal lands included in the National 

23 Wild and Scenic Rivers System of January 1, 

24 2013. 


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1 (E) Federal lands within the boundaries of 

2 a national monument, park, or other developed 

3 recreation area as of January 1, 2013. 

4 (F) Oregon treasures addressed in subtitle 

5 C, any portion of which, as of January 1, 2013, 

6 consists of Oregon and California Railroad 

7 Grant lands or O&C Region Public Domain 

8 lands. 

9 (G) Tribal lands addressed in subtitle D. 

10 (d) COVERED STANDS OF TIMBER.— 

11 (1) DESCRIPTION.—The O&C Trust lands con12 sist of stands of timber that have previously been 

13 managed for timber production or that have been 

14 materially altered by natural disturbances since 

15 1886. Most of these stands of timber are 80 years 

16 old or less, and all of such stands can be classified 

17 as having a predominant stand age of 125 years or 

18 less. 

19 (2) DELINEATION OF BOUNDARIES BY BUREAU

20 OF LAND MANAGEMENT.—The Oregon and Cali21 fornia Railroad Grant lands and O&C Region Public 

22 Domain lands that, immediately before transfer to 

23 the O&C Trust, were managed by the Bureau of 

24 Land Management are timber stands that have pre25 dominant birth date attributes of 1886 or later, with 


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1 boundaries that are defined by polygon spatial data 

2 layer in and electronic data compilation filed by the 

3 Bureau of Land Management pursuant to paragraph 

4 (4). Except as provided in paragraph (5), the bound5 aries of all timber stands constituting the O&C 

6 Trust lands are finally and conclusively determined 

7 for all purposes by coordinates in or derived by ref8 erence to the polygon spatial data layer prepared by 

9 the Bureau of Land Management and filed pursuant 

10 to paragraph (4), notwithstanding anomalies that 

11 might later be discovered on the ground. The bound12 ary coordinates are locatable on the ground by use 

13 of global positioning system signals. In cases where 

14 the location of the stand boundary is disputed or is 

15 inconsistent with paragraph (1), the location of 

16 boundary coordinates on the ground shall be, except 

17 as otherwise provided in paragraph (5), finally and 

18 conclusively determined for all purposes by the direct 

19 or indirect use of global positioning system equip20 ment with accuracy specification of one meter or 

21 less. 

22 (3) DELINEATION OF BOUNDARIES BY FOREST

23 SERVICE.—The O&C Trust lands that, immediately 

24 before transfer to the O&C Trust, were managed by 

25 the Forest Service are timber stands that can be 


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1 classified as having predominant stand ages of 125 

2 years old or less. Within 30 days after the date of 

3 the enactment of this Act, the Secretary of Agri4 culture shall commence identification of the bound5 aries of such stands, and the boundaries of all such 

6 stands shall be identified and made available to the 

7 Board of Trustees not later than 180 days following 

8 the creation of the O&C Trust pursuant to sub9 section (a). In identifying the stand boundaries, the 

10 Secretary may use geographic information system 

11 data, satellite imagery, cadastral survey coordinates, 

12 or any other means available within the time al13 lowed. The boundaries shall be provided to the 

14 Board of Trustees within the time allowed in the 

15 form of a spatial data layer from which coordinates 

16 can be derived that are locatable on the ground by 

17 use of global positioning system signals. Except as 

18 provided in paragraph (5), the boundaries of all tim19 ber stands constituting the O&C Trust lands are fi20 nally and conclusively determined for all purposes by 

21 coordinates in or derived by reference to the data 

22 provided by the Secretary within the time provided 

23 by this paragraph, notwithstanding anomalies that 

24 might later be discovered on the ground. In cases 

25 where the location of the stand boundary is disputed 


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1 or inconsistent with paragraph (1), the location of 

2 boundary coordinates on the ground shall be, except 

3 as otherwise provided in paragraph (5), finally and 

4 conclusively determined for all purposes by the 

5 boundary coordinates provided by the Secretary as 

6 they are located on the ground by the direct or indi7 rect use of global positioning system equipment with 

8 accuracy specifications of one meter or less. All ac9 tions taken by the Secretary under this paragraph 

10 shall be deemed to not involve Federal agency action 

11 or Federal discretionary involvement or control. 

12 (4) DATA AND MAPS.—Copies of the data con13 taining boundary coordinates for the stands included 

14 in the O&C Trust lands, or from which such coordi15 nates are derived, and maps generally depicting the 

16 stand locations shall be filed with the Committee on 

17 Energy and Natural Resources of the Senate, the 

18 Committee on Natural Resources of the House of 

19 Representatives, and the office of the Secretary con20 cerned. The maps and data shall be filed— 

21 (A) not later than 90 days after the date 

22 of the enactment of this Act, in the case of the 

23 lands identified pursuant to paragraph (2); and 

24 (B) not later than 180 days following the 

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1 section (a), in the case of lands identified pur2 suant to paragraph (3). 

3 (5) ADJUSTMENT AUTHORITY AND LIMITA4 TIONS.— 

5 (A) NO IMPACT ON DETERMINING TITLE

6 OR PROPERTY OWNERSHIP BOUNDARIES.— 

7 Stand boundaries identified under paragraph 

8 (2) or (3) shall not be relied upon for purposes 

9 of determining title or property ownership 

10 boundaries. If the boundary of a stand identi11 fied under paragraph (2) or (3) extends beyond 

12 the property ownership boundaries of Oregon 

13 and California Railroad Grant lands or O&C 

14 Region Public Domain lands, as such property 

15 boundaries exist on the date of enactment of 

16 this Act, then that stand boundary is deemed 

17 adjusted by this subparagraph to coincide with 

18 the property ownership boundary. 

19 (B) EFFECT OF DATA ERRORS OR INCON20 SISTENCIES.—Data errors or inconsistencies 

21 may result in parcels of land along property 

22 ownership boundaries that are unintentionally 

23 omitted from the O&C Trust lands that are 

24 identified under paragraph (2) or (3). In order 

25 to correct such errors, any parcel of land that 


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1 satisfies all of the following criteria is hereby 

2 deemed to be O&C Trust land: 

3 (i) The parcel is within the ownership 

4 boundaries of Oregon and California Rail5 road Grant lands or O&C Region Public 

6 Domain lands on the date of the enact7 ment of this Act. 

8 (ii) The parcel satisfies the description 

9 in paragraph (1) on the date of enactment 

10 of this Act. 

11 (iii) The parcel is not excluded from 

12 the O&C Trust lands pursuant to sub13 section (c)(2). 

14 (C) NO IMPACT ON LAND EXCHANGE AU15 THORITY.—Nothing in this subsection is in16 tended to limit the authority of the Trust and 

17 the Forest Service to engage in land exchanges 

18 between themselves or with owners of non-Fed19 eral land as provided elsewhere in this title. 

20 SEC. 312. LEGAL EFFECT OF O&C TRUST AND JUDICIAL RE21 VIEW. 

22 (a) LEGAL STATUS OF TRUST LANDS.—Subject to 

23 the other provisions of this section, all right, title, and in24 terest in and to the O&C Trust lands remain in the United 

25 States, except that— 


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1 (1) the Board of Trustees shall have all author2 ity to manage the surface estate of the O&C Trust 

3 lands and the resources found thereon; 

4 (2) actions on the O&C Trust lands shall be 

5 deemed to involve no Federal agency action or Fed6 eral discretionary involvement or control and the 

7 laws of the State shall apply to the surface estate of 

8 the O&C Trust lands in the manner applicable to 

9 privately owned timberlands in the State; and 

10 (3) the O&C Trust shall be treated as the bene11 ficial owner of the surface estate of the O&C Trust 

12 lands for purposes of all legal proceedings involving 

13 the O&C Trust lands. 

14 (b) MINERALS.— 

15 (1) IN GENERAL.—Mineral and other sub16 surface rights in the O&C Trust lands are retained 

17 by the United States or other owner of such rights 

18 as of the date on which management authority over 

19 the surface estate of the lands are transferred to the 

20 O&C Trust. 

21 (2) ROCK AND GRAVEL.— 

22 (A) USE AUTHORIZED; PURPOSE.—For 

23 maintenance or construction on the road system 

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1 Federal lands intermingled with O&C Trust 

2 lands, the Board of Trustees may— 

3 (i) utilize rock or gravel found within 

4 quarries in existence immediately before 

5 the date of the enactment of this Act on 

6 any Oregon and California Railroad Grant 

7 lands and O&C Region Public Domain 

8 lands, excluding those lands designated 

9 under subtitle C or transferred under sub10 title D; and 

11 (ii) construct new quarries on O&C 

12 Trust lands, except that any quarry so 

13 constructed may not exceed 5 acres. 

14 (B) EXCEPTION.—The Board of Trustees 

15 shall not construct new quarries on any of the 

16 lands transferred to the Forest Service under 

17 section 321 or lands designated under subtitle 

18 D. 

19 (c) ROADS.— 

20 (1) IN GENERAL.—Except as provided in sub21 section (b), the Board of Trustees shall assume au22 thority and responsibility over, and have authority to 

23 use, all roads and the road system specified in the 

24 following subparagraphs: 


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1 (A) All roads and road systems on the Or2 egon and California Railroad and Grant lands 

3 and O&C Region Public Domain lands owned or 

4 administered by the Bureau of Land Manage5 ment immediately before the date of the enact6 ment of this Act, except that the Secretary of 

7 Agriculture shall assume the Secretary of Inte8 rior’s obligations for pro-rata maintenance ex9 pense and road use fees under reciprocal right10 of-way agreements for those lands transferred 

11 to the Forest Service under section 321. All of 

12 the lands transferred to the Forest Service 

13 under section 321 shall be considered as part of 

14 the tributary area used to calculate pro-rata 

15 maintenance expense and road use fees. 

16 (B) All roads and road systems owned or 

17 administered by the Forest Service immediately 

18 before the date of the enactment of this Act 

19 and subsequently included within the bound20 aries of the O&C Trust lands. 

21 (C) All roads later added to the road sys22 tem for management of the O&C Trust lands. 

23 (2) LANDS TRANSFERRED TO FOREST SERV24 ICE.—The Secretary of Agriculture shall assume the 

25 obligations of the Secretary of Interior for pro-rata 


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1 maintenance expense and road use fees under recip2 rocal rights-of-way agreements for those Oregon and 

3 California Railroad Grant lands or O&C Region 

4 Public Domain lands transferred to the Forest Serv5 ice under section 321. 

6 (3) COMPLIANCE WITH CLEAN WATER ACT.— 

7 All roads used, constructed, or reconstructed under 

8 the jurisdiction of the O&C Trust must comply with 

9 requirements of the Federal Water Pollution Control 

10 Act (33 U.S.C. 1251 et seq.) applicable to private 

11 lands through the use of Best Management Prac12 tices under the Oregon Forest Practices Act. 

13 (d) PUBLIC ACCESS.— 

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

15 public access to O&C Trust lands shall be preserved 

16 consistent with the policies of the Secretary con17 cerned applicable to the O&C Trust lands as of the 

18 date on which management authority over the sur19 face estate of the lands is transferred to the O&C 

20 Trust. 

21 (2) RESTRICTIONS.—The Board of Trustees 

22 may limit or control public access for reasons of 

23 public safety or to protect the resources on the O&C 

24 Trust lands. 


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1 (e) LIMITATIONS.—The assets of the O&C Trust 

2 shall not be subject to the creditors of an O&C Trust coun3 ty, or otherwise be distributed in an unprotected manner 

4 or be subject to anticipation, encumbrance, or expenditure 

5 other than for a purpose for which the O&C Trust was 

6 created. 

7 (f) REMEDY.—An O&C Trust county shall have all 

8 of the rights and remedies that would normally accrue to 

9 a beneficiary of a trust. An O&C Trust county shall pro10 vide the Board of Trustees, the Secretary concerned, and 

11 the Attorney General with not less than 60 days notice 

12 of an intent to sue to enforce the O&C Trust county’s 

13 rights under the O&C Trust. 

14 (g) JUDICIAL REVIEW.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), judicial review of any provision of this 

17 title shall be sought in the United States Court of 

18 Appeals for the District of Columbia Circuit. Parties 

19 seeking judicial review of the validity of any provi20 sion of this title must file suit within 90 days after 

21 the date of the enactment of this Act and no pre22 liminary injunctive relief or stays pending appeal will 

23 be permitted. If multiple cases are filed under this 

24 paragraph, the Court shall consolidate the cases. 


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1 The Court must rule on any action brought under 

2 this paragraph within 180 days. 

3 (2) DECISIONS OF BOARD OF TRUSTEES.—De4 cisions made by the Board of Trustees shall be sub5 ject to judicial review only in an action brought by 

6 an O&C County, except that nothing in this title 

7 precludes bringing a legal claim against the Board 

8 of Trustees that could be brought against a private 

9 landowner for the same action. 

10 SEC. 313. BOARD OF TRUSTEES. 

11 (a) APPOINTMENT AUTHORIZATION.—Subject to the 

12 conditions on appointment imposed by this section, the 

13 Governor is authorized to appoint the Board of Trustees 

14 to administer the O&C Trust and O&C Trust lands. Ap15 pointments by the Governor shall be made within 60 days 

16 after the date of the enactment of this Act. 

17 (b) MEMBERS AND ELIGIBILITY.— 

18 (1) NUMBER.—Subject to subsection (c), the 

19 Board of Trustees shall consist of seven members. 

20 (2) RESIDENCY REQUIREMENT.—Members of 

21 the Board of Trustees must reside within an O&C 

22 Trust county. 

23 (3) GEOGRAPHICAL REPRESENTATION.—To the 

24 extent practicable, the Governor shall ensure broad 

25 geographic representation among the O&C Trust 


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1 counties in appointing members to the Board of 

2 Trustees. 

3 (c) COMPOSITION.—The Board of Trustees shall in4 clude the following members: 

5 (1)(A) Two forestry and wood products rep6 resentatives, consisting of— 

7 (i) one member who represents the com8 mercial timber, wood products, or milling indus9 tries and who represents an Oregon-based com10 pany with more than 500 employees, taking 

11 into account its affiliates, that has submitted a 

12 bid for a timber sale on the Oregon and Cali13 fornia Railroad Grant lands, O&C Region Pub14 lic Domain lands, Coos Bay Wagon Road Grant 

15 lands, or O&C Trust lands in the preceding five 

16 years; and 

17 (ii) one member who represents the com18 mercial wood products or milling industries and 

19 who represents an Oregon-based company with 

20 500 or fewer employees, taking into account its 

21 affiliates, that has submitted a bid for a timber 

22 sale on the Oregon and California Railroad 

23 Grant lands, O&C Region Public Domain lands, 

24 Coos Bay Wagon Road Grant lands, or O&C 

25 Trust lands in the preceding five years. 


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1 (B) At least one of the two representatives se2 lected in this paragraph must own commercial forest 

3 land that is adjacent to the O&C Trust lands and 

4 from which the representative has not exported un5 processed timber in the preceding five years. 

6 (2) One representative of the general public 

7 who has professional experience in one or more of 

8 the following fields: 

9 (A) Business management. 

10 (B) Law. 

11 (C) Accounting. 

12 (D) Banking. 

13 (E) Labor management. 

14 (F) Transportation. 

15 (G) Engineering. 

16 (H) Public policy. 

17 (3) One representative of the science commu18 nity who, at a minimum, holds a Doctor of Philos19 ophy degree in wildlife biology, forestry, ecology, or 

20 related field and has published peer-reviewed aca21 demic articles in the representative’s field of exper22 tise. 

23 (4) Three governmental representatives, con24 sisting of— 


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1 (A) two members who are serving county 

2 commissioners of an O&C Trust county and 

3 who are nominated by the governing bodies of 

4 a majority of the O&C Trust counties and ap5 proved by the Governor, except that the two 

6 representatives may not be from the same coun7 ty; and 

8 (B) one member who holds State-wide 

9 elected office (or is a designee of such a person) 

10 or who represents a federally recognized Indian 

11 tribe or tribes within one or more O&C Trust 

12 counties. 

13 (d) TERM, INITIAL APPOINTMENT, VACANCIES.— 

14 (1) TERM.—Except in the case of initial ap15 pointments, members of the Board of Trustees shall 

16 serve for five-year terms and may be reappointed for 

17 one consecutive term. 

18 (2) INITIAL APPOINTMENTS.—In making the 

19 first appointments to the Board of Trustees, the 

20 Governor shall stagger initial appointment lengths so 

21 that two members have three-year terms, two mem22 bers have four-year terms, and three members have 

23 a full five-year term. 

24 (3) VACANCIES.—Any vacancy on the Board of 

25 Trustees shall be filled within 45 days by the GovVerDate Mar 15 2010 01:37 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H1526.RFS H1526

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1 ernor for the unexpired term of the departing mem2 ber. 

3 (4) BOARD OF TRUSTEES MANAGEMENT

4 COSTS.—Members of the Board of Trustees may re5 ceive annual compensation from the O&C Trust at 

6 a rate not to exceed 50 percent of the average an7 nual salary for commissioners of the O&C Trust 

8 counties for that year. 

9 (e) CHAIRPERSON AND OPERATIONS.— 

10 (1) CHAIRPERSON.—A majority of the Board of 

11 Trustees shall select the chairperson for the Board 

12 of Trustees each year. 

13 (2) MEETINGS.—The Board of Trustees shall 

14 establish proceedings to carry out its duties. The 

15 Board shall meet at least quarterly. Except for 

16 meetings substantially involving personnel and con17 tractual decisions, all meetings of the Board shall 

18 comply with the public meetings law of the State. 

19 (f) QUORUM AND DECISION-MAKING.— 

20 (1) QUORUM.—A quorum shall consist of five 

21 members of the Board of Trustees. The presence of 

22 a quorum is required to constitute an official meet23 ing of the board of trustees to satisfy the meeting 

24 requirement under subsection (e)(2). 


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1 (2) DECISIONS.—All actions and decisions by 

2 the Board of Trustees shall require approval by a 

3 majority of members. 

4 (g) ANNUAL AUDIT.—Financial statements regard5 ing operation of the O&C Trust shall be independently 

6 prepared and audited annually for review by the O&C 

7 Trust counties, Congress, and the State. 

8 SEC. 314. MANAGEMENT OF O&C TRUST LANDS. 

9 (a) IN GENERAL.—Except as otherwise provided in 

10 this title, the O&C Trust lands will be managed by the 

11 Board of Trustees in compliance with all Federal and 

12 State laws in the same manner as such laws apply to pri13 vate forest lands. 

14 (b) TIMBER SALE PLANS.—The Board of Trustees 

15 shall approve and periodically update management and 

16 sale plans for the O&C Trust lands consistent with the 

17 purpose specified in section 311(b). The Board of Trust18 ees may defer sale plans during periods of depressed tim19 ber markets if the Board of Trustees, in its discretion, 

20 determines that such delay until markets improve is finan21 cially prudent and in keeping with its fiduciary obligation 

22 to the O&C Trust counties. 

23 (c) STAND ROTATION.— 

24 (1) 100–120 YEAR ROTATION.—The Board of 

25 Trustees shall manage not less than 50 percent of 


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1 the harvestable acres of the O&C Trust lands on a 

2 100–120 year rotation. The acreage subject to 100– 

3 120 year management shall be geographically dis4 persed across the O&C Trust lands in a manner that 

5 the Board of Trustees, in its discretion, determines 

6 will contribute to aquatic and terrestrial ecosystem 

7 values. 

8 (2) BALANCE.—The balance of the harvestable 

9 acreage of the O&C Trust lands shall be managed 

10 on any rotation age the Board of Trustees, in its 

11 discretion and in compliance with applicable State 

12 law, determines will best satisfy its fiduciary obliga13 tion to provide revenue to the O&C Trust counties. 

14 (3) THINNING.—Nothing in this subsection is 

15 intended to limit the ability of the Board of Trustees 

16 to decide, in its discretion, to thin stands of timber 

17 on O&C Trust lands. 

18 (d) SALE TERMS.— 

19 (1) IN GENERAL.—Subject to paragraphs (2) 

20 and (3), the Board of Trustees is authorized to es21 tablish the terms for sale contracts of timber or 

22 other forest products from O&C Trust lands. 

23 (2) SET ASIDE.—The Board of Trustees shall 

24 establish a program consistent with the program of 

25 the Bureau of Land Management under a March 10, 


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1 1959 Memorandum of Understanding, as amended, 

2 regarding calculation of shares and sale of timber 

3 set aside for purchase by business entities with 500 

4 or fewer employees and consistent with the regula5 tions in part 121 of title 13, Code of Federal Regu6 lations applicable to timber sale set asides, except 

7 that existing shares in effect on the date of enact8 ment of this Act shall apply until the next scheduled 

9 recomputation of shares. In implementing its pro10 gram that is consistent with such Memorandum of 

11 Understanding, the Board of Trustees shall utilize 

12 the Timber Sale Procedure Handbook and other ap13 plicable procedures of the Bureau of Land Manage14 ment, including the Operating Procedures for Con15 ducting the Five-Year Recomputation of Small Busi16 ness Share Percentages in effect on January 1, 

17 2013. 

18 (3) COMPETITIVE BIDDING.—The Board of 

19 Trustees must sell timber on a competitive bid basis. 

20 No less than 50 percent of the total volume of tim21 ber sold by the Board of Trustees each year shall be 

22 sold by oral bidding consistent with practices of the 

23 Bureau of Land Management as of January 1, 

24 2013. 

25 (e) PROHIBITION ON EXPORT.— 


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1 (1) IN GENERAL.—As a condition on the sale of 

2 timber or other forest products from O&C Trust 

3 lands, unprocessed timber harvested from O&C 

4 Trust lands may not be exported. 

5 (2) VIOLATIONS.—Any person who knowingly 

6 exports unprocessed timber harvested from O&C 

7 Trust lands, who knowingly provides such unproc8 essed timber for export by another person, or know9 ingly sells timber harvested from O&C Trust lands 

10 to a person who is disqualified from purchasing tim11 ber from such lands pursuant to this section shall be 

12 disqualified from purchasing timber or other forest 

13 products from O&C Trust lands or from Federal 

14 lands administered under this subtitle. Any person 

15 who uses unprocessed timber harvested from O&C 

16 Trust lands in substitution for exported unprocessed 

17 timber originating from private lands shall be dis18 qualified from purchasing timber or other forest 

19 products from O&C Trust lands or from Federal 

20 lands administered under this subtitle. 

21 (3) UNPROCESSED TIMBER DEFINED.—In this 

22 subsection, the term ‘‘unprocessed timber’’ has the 

23 meaning given such term in section 493(9) of the 

24 Forest Resources Conservation and Shortage Relief 

25 Act of 1990 (16 U.S.C. 620e(9)). 


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1 (f) INTEGRATED PEST, DISEASE, AND WEED MAN2 AGEMENT PLAN.—The Board of Trustees shall develop an 

3 integrated pest and vegetation management plan to assist 

4 forest managers in prioritizing and minimizing the use of 

5 pesticides and herbicides approved by the Environmental 

6 Protection Agency and used in compliance with the Or7 egon Forest Practices Act. The plan shall optimize the 

8 ability of the O&C Trust to re-establish forest stands after 

9 harvest in compliance with the Oregon Forest Practices 

10 Act and to create diverse early seral stage forests. The 

11 plan shall allow for the eradication, containment and sup12 pression of disease, pests, weeds and noxious plants, and 

13 invasive species as found on the State Noxious Weed List 

14 and prioritize ground application of herbicides and pes15 ticides to the greatest extent practicable. The plan shall 

16 be completed before the start of the second year of the 

17 transition period. The planning process shall be open to 

18 the public and the Board of Trustees shall hold not less 

19 than two public hearings on the proposed plan before final 

20 adoption. 

21 (g) ACCESS TO LANDS TRANSFERRED TO FOREST

22 SERVICE.—Persons acting on behalf of the O&C Trust 

23 shall have a right of timely access over lands transferred 

24 to the Forest Service under section 321 and Tribal lands 

25 transferred under subtitle D as is reasonably necessary for 


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1 the Board of Trustees to carry out its management activi2 ties with regard to the O&C Trust lands and the O&C 

3 Trust to satisfy its fiduciary duties to O&C counties. 

4 (h) HARVEST AREA TREE AND RETENTION RE5 QUIREMENTS.— 

6 (1) IN GENERAL.—The O&C Trust lands shall 

7 include harvest area tree and retention requirements 

8 consistent with State law. 

9 (2) USE OF OLD GROWTH DEFINITION.—To the 

10 greatest extent practicable, and at the discretion of 

11 the Board of Trustees, old growth, as defined by the 

12 Old Growth Review Panel created by section 324, 

13 shall be used to meet the retention requirements ap14 plicable under paragraph (1). 

15 (i) RIPARIAN AREA MANAGEMENT.— 

16 (1) IN GENERAL.—The O&C Trust lands shall 

17 be managed with timber harvesting limited in ripar18 ian areas as follows: 

19 (A) STREAMS.—For all fish bearing 

20 streams and all perennial non-fish-bearing 

21 streams, there shall be no removal of timber 

22 within a distance equal to the height of one site 

23 potential tree on both sides of the stream chan24 nel. For intermittent, non-fish-bearing streams, 

25 there shall be no removal of timber within a 


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1 distance equal to one-half the height of a site 

2 potential tree on both sides of the stream chan3 nel. For purposes of this subparagraph, the 

4 stream channel boundaries are the lines of ordi5 nary high water. 

6 (B) LARGER LAKES, PONDS AND RES7 ERVOIRS.—For all lakes, ponds, and reservoirs 

8 with surface area larger than one quarter of 

9 one acre, there shall be no removal of timber 

10 within a distance equal to the height of one site 

11 potential tree from the line of ordinary high 

12 water of the water body. 

13 (C) SMALL PONDS AND NATURAL WET14 LANDS, SPRINGS AND SEEPS.—For all ponds 

15 with surface area one quarter acre or less, and 

16 for all natural wetlands, springs and seeps, 

17 there shall be no removal of timber within the 

18 area dominated by riparian vegetation. 

19 (2) MEASUREMENTS.—For purposes of para20 graph (1), all distances shall be measured along 

21 slopes, and all site potential tree heights shall be av22 erage height at maturity of the dominant species of 

23 conifer determined at a scale no finer than the appli24 cable fifth field watershed. 


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1 (3) RULES OF CONSTRUCTION.—Nothing in 

2 paragraph (1) shall be construed— 

3 (A) to prohibit the falling or placement of 

4 timber into streams to create large woody de5 bris for the benefit of aquatic ecosystems; or 

6 (B) to prohibit the falling of trees within 

7 riparian areas as may be reasonably necessary 

8 for safety or operational reasons in areas adja9 cent to the riparian areas, or for road construc10 tion or maintenance pursuant to section 

11 312(c)(3). 

12 (j) FIRE PROTECTION AND EMERGENCY RE13 SPONSE.— 

14 (1) RECIPROCAL FIRE PROTECTION AGREE15 MENTS.— 

16 (A) CONTINUATION OF AGREEMENTS.— 

17 Subject to subparagraphs (B), (C), and (D), 

18 any reciprocal fire protection agreement be19 tween the State or any other entity and the 

20 Secretary concerned with regard to Oregon and 

21 California Railroad Grant lands and O&C Re22 gion Public Domain lands in effect on the date 

23 of the enactment of this Act shall remain in 

24 place for a period of ten years after such date 


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1 unless earlier terminated by the State or other 

2 entity. 

3 (B) ASSUMPTION OF BLM RIGHTS AND DU4 TIES.—The Board of Trustees shall exercise the 

5 rights and duties of the Bureau of Land Man6 agement under the agreements described in 

7 subparagraph (A), except as such rights and 

8 duties might apply to Tribal lands under sub9 title D. 

10 (C) EFFECT OF EXPIRATION OF PERIOD.— 

11 Following the expiration of the ten-year period 

12 under subparagraph (A), the Board of Trustees 

13 shall continue to provide for fire protection of 

14 the Oregon and California Railroad Grant lands 

15 and O&C Region Public Domain lands, includ16 ing those transferred to the Forest Service 

17 under section 331, through continuation of the 

18 reciprocal fire protection agreements, new coop19 erative agreements, or by any means otherwise 

20 permitted by law. The means selected shall be 

21 based on the review by the Board of Trustees 

22 of whether the reciprocal fire protection agree23 ments were effective in protecting the lands 

24 from fire. 


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1 (D) EMERGENCY RESPONSE.—Nothing in 

2 this paragraph shall prevent the Secretary of 

3 Agriculture from an emergency response to a 

4 fire on the O&C Trust lands or lands trans5 ferred to the Forest Service under section 321. 

6 (2) EMERGENCY RESPONSE TO FIRE.—Subject 

7 to paragraph (1), if the Secretary of Agriculture de8 termines that fire on any of the lands transferred 

9 under section 321 is burning uncontrolled or the 

10 Secretary, the Board of Trustees, or contracted 

11 party does not have readily and immediately avail12 able personnel and equipment to control or extin13 guish the fire, the Secretary, or any forest protective 

14 association or agency under contract or agreement 

15 with the Secretary or the Board of Trustees for the 

16 protection of forestland against fire, shall summarily 

17 and aggressively abate the nuisance thus controlling 

18 and extinguishing the fire. 

19 (k) NORTHERN SPOTTED OWL.—So long as the O&C 

20 Trust maintains the 100–120 year rotation on 50 percent 

21 of the harvestable acres required in subsection (c), the sec22 tion 321 lands representing the best quality habitat for 

23 the owl are transferred to the Forest Service, and the O&C 

24 Trust protects currently occupied northern spotted owl 

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1 egon Forest Practices Act, management of the O&C Trust 

2 land by the Board of Trustees shall be considered to com3 ply with section 9 of Public Law 93–205 (16 U.S.C. 1538) 

4 for the northern spotted owl. A currently occupied north5 ern spotted owl nest site shall be considered abandoned 

6 if there are no northern spotted owl responses following 

7 three consecutive years of surveys using the Protocol for 

8 Surveying Management Activities that May Impact North9 ern Spotted Owls dated February 2, 2013. 

10 SEC. 315. DISTRIBUTION OF REVENUES FROM O&C TRUST 

11 LANDS. 

12 (a) ANNUAL DISTRIBUTION OF REVENUES.— 

13 (1) TIME FOR DISTRIBUTION; USE.—Payments 

14 to each O&C Trust county shall be made available 

15 to the general fund of the O&C Trust county as soon 

16 as practicable following the end of each fiscal year, 

17 to be used as are other unrestricted county funds. 

18 (2) AMOUNT.—The amount paid to an O&C 

19 Trust county in relation to the total distributed to 

20 all O&C Trust counties for a fiscal year shall be 

21 based on the proportion that the total assessed value 

22 of the Oregon and California Railroad Grant lands 

23 in each of the O&C Trust counties for fiscal year 

24 1915 bears to the total assessed value of all of the 

25 Oregon and California Railroad Grant lands in the 


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1 State for that same fiscal year. However, for the 

2 purposes of this subsection the portion of the re3 vested Oregon and California Railroad Grant lands 

4 in each of the O&C Trust counties that was not as5 sessed for fiscal year 1915 shall be deemed to have 

6 been assessed at the average assessed value of the 

7 Oregon and California Railroad Grant lands in the 

8 county. 

9 (3) LIMITATION.—After the fifth payment made 

10 under this subsection, the payment to an O&C Trust 

11 county for a fiscal year shall not exceed 110 percent 

12 of the previous year’s payment to the O&C Trust 

13 county, adjusted for inflation based on the consumer 

14 price index applicable to the geographic area in 

15 which the O&C Trust counties are located. 

16 (b) RESERVE FUND.— 

17 (1) ESTABLISHMENT OF RESERVE FUND.—The 

18 Board of Trustees shall generate and maintain a re19 serve fund. 

20 (2) DEPOSITS TO RESERVE FUND.—Within 10 

21 years after creation of the O&C Trust or as soon 

22 thereafter as is practicable, the Board of Trustees 

23 shall establish and seek to maintain an annual bal24 ance of $125,000,000 in the Reserve Fund, to be de25 rived from revenues generated from management acVerDate Mar 15 2010 01:37 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1526.RFS H1526

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1 tivities involving O&C Trust lands. All annual reve2 nues generated in excess of operating costs and pay3 ments to O&C Trust counties required by subsection 

4 (a) and payments into the Conservation Fund as 

5 provided in subsection (c) shall be deposited in the 

6 Reserve Fund. 

7 (3) EXPENDITURES FROM RESERVE FUND.— 

8 The Board of Trustees shall use amounts in the Re9 serve Fund only— 

10 (A) to pay management and administrative 

11 expenses or capital improvement costs on O&C 

12 Trust lands; and 

13 (B) to make payments to O&C Trust coun14 ties when payments to the counties under sub15 section (a) are projected to be 90 percent or 

16 less of the previous year’s payments. 

17 (c) O&C TRUST CONSERVATION FUND.— 

18 (1) ESTABLISHMENT OF CONSERVATION

19 FUND.—The Board of Trustees shall use a portion 

20 of revenues generated from activity on the O&C 

21 Trust lands, consistent with paragraph (2), to estab22 lish and maintain a O&C Trust Conservation Fund. 

23 The O&C Trust Conservation Fund shall include no 

24 Federal appropriations. 


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1 (2) REVENUES.—Following the transition pe2 riod, five percent of the O&C Trust’s annual net op3 erating revenue, after deduction of all management 

4 costs and expenses, including the payment required 

5 under section 317, shall be deposited to the O&C 

6 Trust Conservation Fund. 

7 (3) EXPENDITURES FROM CONSERVATION

8 FUND.—The Board of Trustees shall use amounts 

9 from the O&C Trust Conservation Fund only— 

10 (A) to fund the voluntary acquisition of 

11 conservation easements from willing private 

12 landowners in the State; 

13 (B) to fund watershed restoration, remedi14 ation and enhancement projects within the 

15 State; or 

16 (C) to contribute to balancing values in a 

17 land exchange with willing private landowners 

18 proposed under section 323(b), if the land ex19 change will result in a net increase in ecosystem 

20 benefits for fish, wildlife, or rare native plants. 

21 SEC. 316. LAND EXCHANGE AUTHORITY. 

22 (a) AUTHORITY.—Subject to approval by the Sec23 retary concerned, the Board of Trustees may negotiate 

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1 uous blocks of land under management by the O&C Trust 

2 to facilitate resource management, to improve conserva3 tion value of such lands, or to improve the efficiency of 

4 management of such lands. 

5 (b) APPROVAL REQUIRED; CRITERIA.—The Sec6 retary concerned may approve a land exchange proposed 

7 by the Board of Trustees administratively if the exchange 

8 meets the following criteria: 

9 (1) The non-Federal lands are completely with10 in the State. 

11 (2) The non-Federal lands have high timber 

12 production value, or are necessary for more efficient 

13 or effective management of adjacent or nearby O&C 

14 Trust lands. 

15 (3) The non-Federal lands have equal or great16 er value to the O&C Trust lands proposed for ex17 change. 

18 (4) The proposed exchange is reasonably likely 

19 to increase the net income to the O&C Trust coun20 ties over the next 20 years and not decrease the net 

21 income to the O&C Trust counties over the next 10 

22 years. 

23 (c) ACREAGE LIMITATION.—The Secretary concerned 

24 shall not approve land exchanges under this section that, 

25 taken together with all previous exchanges involving the 


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1 O&C Trust lands, have the effect of reducing the total 

2 acreage of the O&C Trust lands by more than five percent 

3 from the total acreage to be designated as O&C Trust land 

4 under section 311(c)(1). 

5 (d) INAPPLICABILITY OF CERTAIN LAWS.—Section 3 

6 of the Oregon Public Lands Transfer and Protection Act 

7 of 1998 (Public Law 105–321; 112 Stat. 3022), the Fed8 eral Land Policy and Management Act of 1976 (43 U.S.C. 

9 1701 et. seq.), including the amendments made by the 

10 Federal Land Exchange Facilitation Act of 1988 (Public 

11 Law 100–409; 102 Stat. 1086), the Act of March 20, 

12 1922 (16 U.S.C. 485, 486), and the Act of March 1, 1911 

13 (commonly known as the Weeks Act; 16 U.S.C. 480 et 

14 seq.) shall not apply to the land exchange authority pro15 vided by this section. 

16 (e) EXCHANGES WITH FOREST SERVICE.— 

17 (1) EXCHANGES AUTHORIZED.—The Board of 

18 Trustees is authorized to engage in land exchanges 

19 with the Forest Service if approved by the Secretary 

20 pursuant to section 323(c). 

21 (2) MANAGEMENT OF EXCHANGED LANDS.— 

22 Following completion of a land exchange under para23 graph (1), the management requirements applicable 

24 to the newly acquired lands by the O&C Trust or the 

25 Forest Service shall be the same requirements under 


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1 this subtitle applicable to the other lands that are 

2 managed by the O&C Board or the Forest Service. 

3 SEC. 317. PAYMENTS TO THE UNITED STATES TREASURY. 

4 As soon as practicable after the end of the third fiscal 

5 year of the transition period and in each of the subsequent 

6 seven fiscal years, the O&C Trust shall submit a payment 

7 of $10,000,000 to the United States Treasury. 

8 CHAPTER 2—TRANSFER OF CERTAIN 

9 LANDS TO FOREST SERVICE 

10 SEC. 321. TRANSFER OF CERTAIN OREGON AND CALI11 FORNIA RAILROAD GRANT LANDS TO FOREST 

12 SERVICE. 

13 (a) TRANSFER REQUIRED.—The Secretary of the In14 terior shall transfer administrative jurisdiction over all Or15 egon and California Railroad Grant lands and O&C Re16 gion Public Domain lands not designated as O&C Trust 

17 lands by subparagraphs (A) through (F) of section 

18 311(c)(1), including those lands excluded by section 

19 311(c)(2), to the Secretary of Agriculture for inclusion in 

20 the National Forest System and administration by the 

21 Forest Service as provided in section 322. 

22 (b) EXCEPTION.—This section does not apply to 

23 Tribal lands transferred under subtitle D. 


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1 SEC. 322. MANAGEMENT OF TRANSFERRED LANDS BY FOR2 EST SERVICE. 

3 (a) ASSIGNMENT TO EXISTING NATIONAL FOR4 ESTS.—To the greatest extent practicable, management 

5 responsibilities for the lands transferred under section 321 

6 shall be assigned to the unit of the National Forest Sys7 tem geographically closest to the transferred lands. The 

8 Secretary of Agriculture shall have ultimate decision-mak9 ing authority, but shall assign the transferred lands to a 

10 unit not later than the applicable transfer date provided 

11 in the transition period. 

12 (b) APPLICATION OF NORTHWEST FOREST PLAN.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the lands transferred under section 321 

15 shall be managed under the Northwest Forest Plan 

16 and shall retain Northwest Forest Plan land use 

17 designations until or unless changed in the manner 

18 provided by Federal laws applicable to the adminis19 tration and management of the National Forest Sys20 tem. 

21 (2) EXCEPTION FOR CERTAIN DESIGNATED

22 LANDS.—The lands excluded from the O&C Trust by 

23 subparagraphs (A) through (F) of section 311(c)(2) 

24 and transferred to the Forest Service under section 

25 321 shall be managed as provided by Federal laws 

26 applicable to the lands. 


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1 (c) PROTECTION OF OLD GROWTH.—Old growth, as 

2 defined by the Old Growth Review Panel pursuant to rule3 making conducted in accordance with section 553 of title 

4 5, United States Code, shall not be harvested by the For5 est Service on lands transferred under section 321. 

6 (d) EMERGENCY RESPONSE TO FIRE.—Subject to 

7 section 314(i), if the Secretary of Agriculture determines 

8 that fire on any of the lands transferred under section 321 

9 is burning uncontrolled or the Secretary or contracted 

10 party does not have readily and immediately available per11 sonnel and equipment to control or extinguish the fire, the 

12 Secretary, or any forest protective association or agency 

13 under contract or agreement with the Secretary for the 

14 protection of forestland against fire, and within whose pro15 tection area the fire exists, shall summarily and aggres16 sively abate the nuisance thus controlling and extin17 guishing the fire. 

18 SEC. 323. MANAGEMENT EFFICIENCIES AND EXPEDITED 

19 LAND EXCHANGES. 

20 (a) LAND EXCHANGE AUTHORITY.—The Secretary 

21 of Agriculture may conduct land exchanges involving lands 

22 transferred under section 321, other than the lands ex23 cluded from the O&C Trust by subparagraphs (A) through 

24 (F) of section 311(c)(2), in order create larger contiguous 

25 blocks of land under management of the Secretary to faVerDate Mar 15 2010 01:37 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H1526.RFS H1526

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1 cilitate resource management, to improve conservation 

2 value of such lands, or to improve the efficiency of man3 agement of such lands. 

4 (b) CRITERIA FOR EXCHANGES WITH NON-FEDERAL

5 OWNERS.—The Secretary of Agriculture may conduct a 

6 land exchange administratively under this section with a 

7 non-Federal owner (other than the O&C Trust) if the land 

8 exchange meets the following criteria: 

9 (1) The non-Federal lands are completely with10 in the State. 

11 (2) The non-Federal lands have high wildlife 

12 conservation or recreation value or the exchange is 

13 necessary to increase management efficiencies of 

14 lands administered by the Forest Service for the 

15 purposes of the National Forest System. 

16 (3) The non-Federal lands have equal or great17 er value to the Federal lands purposed for exchange 

18 or a balance of values can be achieved— 

19 (A) with a grant of funds provided by the 

20 O&C Trust pursuant to section 315(c); or 

21 (B) from other sources. 

22 (c) CRITERIA FOR EXCHANGES WITH O&C TRUST.— 

23 The Secretary of Agriculture may conduct land exchanges 

24 with the Board of Trustees administratively under this 

25 subsection, and such an exchange shall be deemed to not 


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1 involve any Federal action or Federal discretionary in2 volvement or control if the land exchange with the O&C 

3 Trust meets the following criteria: 

4 (1) The O&C Trust lands to be exchanged have 

5 high wildlife value or ecological value or the ex6 change would facilitate resource management or oth7 erwise contribute to the management efficiency of 

8 the lands administered by the Forest Service. 

9 (2) The exchange is requested or approved by 

10 the Board of Trustees for the O&C Trust and will 

11 not impair the ability of the Board of Trustees to 

12 meet its fiduciary responsibilities. 

13 (3) The lands to be exchanged by the Forest 

14 Service do not contain stands of timber meeting the 

15 definition of old growth established by the Old 

16 Growth Review Panel pursuant to section 324. 

17 (4) The lands to be exchanged are equal in 

18 acreage. 

19 (d) ACREAGE LIMITATION.—The Secretary of Agri20 culture shall not approve land exchanges under this sec21 tion that, taken together with all previous exchanges in22 volving the lands described in subsection (a), have the ef23 fect of reducing the total acreage of such lands by more 

24 than five percent from the total acreage originally trans25 ferred to the Secretary. 


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1 (e) INAPPLICABILITY OF CERTAIN LAWS.—Section 3 

2 of the Oregon Public Lands Transfer and Protection Act 

3 of 1998 (Public Law 105–321; 112 Stat. 3022), the Fed4 eral Land Policy and Management Act of 1976 (43 U.S.C. 

5 1701 et. seq.), including the amendments made by the 

6 Federal Land Exchange Facilitation Act of 1988 (Public 

7 Law 100–409; 102 Stat. 1086), the Act of March 20, 

8 1922 (16 U.S.C. 485, 486), and the Act of March 1, 1911 

9 (commonly known as the Weeks Act; 16 U.S.C. 480 et 

10 seq.) shall not apply to the land exchange authority pro11 vided by this section. 

12 SEC. 324. REVIEW PANEL AND OLD GROWTH PROTECTION. 

13 (a) APPOINTMENT; MEMBERS.—Within 60 days after 

14 the date of the enactment of this Act the Secretary of Ag15 riculture shall appoint an Old Growth Review Panel con16 sisting of five members. At a minimum, the members must 

17 hold a Doctor of Philosophy degree in wildlife biology, for18 estry, ecology, or related field and published peer-reviewed 

19 academic articles in their field of expertise. 

20 (b) PURPOSE OF REVIEW.—Members of the Old 

21 Growth Review Panel shall review existing, published, 

22 peer-reviewed articles in relevant academic journals and 

23 establish a definition or definitions of old growth as it ap24 plies to the ecologically, geographically and climato25 logically unique Oregon and California Railroad Grant 


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1 lands and O&C Region Public Domain lands managed by 

2 the O&C Trust or the Forest Service only. The definition 

3 or definitions shall bear no legal force, shall not be used 

4 as a precedent for, and shall not apply to any lands other 

5 than the Oregon and California Railroad Grant lands and 

6 O&C Region Public Domain lands managed by the O&C 

7 Trust or the Forest Service in western Oregon. The defini8 tion or definitions shall not apply to Tribal lands. 

9 (c) SUBMISSION OF RESULTS.—The definition or 

10 definitions for old growth in western Oregon established 

11 under subsection (b), if approved by at least four members 

12 of the Old Growth Review Panel, shall be submitted to 

13 the Secretary of Agriculture within six months after the 

14 date of the enactment of this Act. 

15 SEC. 325. UNIQUENESS OF OLD GROWTH PROTECTION ON 

16 OREGON AND CALIFORNIA RAILROAD GRANT 

17 LANDS. 

18 All sections of this subtitle referring to the term ‘‘old 

19 growth’’ are uniquely suited to resolve management issues 

20 for the lands covered by this subtitle only, and shall not 

21 be construed as precedent for any other situation involving 

22 management of other Federal, State, Tribal, or private 

23 lands. 


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1 CHAPTER 3—TRANSITION 

2 SEC. 331. TRANSITION PERIOD AND OPERATIONS. 

3 (a) TRANSITION PERIOD.— 

4 (1) COMMENCEMENT; DURATION.—Effective on 

5 October 1 of the first fiscal year beginning after the 

6 appointment of the Board of Trustees under section 

7 313, a transition period of three fiscal years shall 

8 commence. 

9 (2) EXCEPTIONS.—Unless specifically stated in 

10 the following subsections, any action under this sec11 tion shall be deemed not to involve Federal agency 

12 action or Federal discretionary involvement or con13 trol. 

14 (b) YEAR ONE.— 

15 (1) APPLICABILITY.—During the first fiscal 

16 year of the transition period, the activities described 

17 in this subsection shall occur. 

18 (2) BOARD OF TRUSTEES ACTIVITIES.—The 

19 Board of Trustees shall employ sufficient staff or 

20 contractors to prepare for beginning management of 

21 O&C Trust lands and O&C Region Public Domain 

22 lands in the second fiscal year of the transition pe23 riod, including preparation of management plans 

24 and a harvest schedule for the lands over which 


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1 management authority is transferred to the O&C 

2 Trust in the second fiscal year. 

3 (3) FOREST SERVICE ACTIVITIES.—The Forest 

4 Service shall begin preparing to assume management 

5 authority of all Oregon and California Railroad 

6 Grant lands and O&C Region Public Domain lands 

7 transferred under section 321 in the second fiscal 

8 year. 

9 (4) SECRETARY CONCERNED ACTIVITIES.—The 

10 Secretary concerned shall continue to exercise man11 agement authority over all Oregon and California 

12 Railroad Grant lands and O&C Region Public Do13 main lands under all existing Federal laws. 

14 (5) INFORMATION SHARING.—Upon written re15 quest from the Board of Trustees, the Secretary of 

16 the Interior shall provide copies of any documents or 

17 data, however stored or maintained, that includes 

18 the requested information concerning O&C Trust 

19 lands. The copies shall be provided as soon as prac20 ticable and to the greatest extent possible, but in no 

21 event later than 30 days following the date of the re22 quest. 

23 (6) EXCEPTION.—This subsection does not 

24 apply to Tribal lands transferred under subtitle D. 

25 (c) YEAR TWO.— 


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1 (1) APPLICABILITY.—During the second fiscal 

2 year of the transition period, the activities described 

3 in this subsection shall occur. 

4 (2) TRANSFER OF O&C TRUST LANDS.—Effec5 tive on October 1 of the second fiscal year of the 

6 transition period, management authority over the 

7 O&C Trust lands shall be transferred to the O&C 

8 Trust. 

9 (3) TRANSFER OF LANDS TO FOREST SERV10 ICE.—The transfers required by section 321 shall 

11 occur. 

12 (4) INFORMATION SHARING.—The Secretary of 

13 Agriculture shall obtain and manage, as soon as 

14 practicable, all documents and data relating to the 

15 Oregon and California Railroad Grant lands, O&C 

16 Region Public Domain lands, and Coos Bay Wagon 

17 Road lands previously managed by the Bureau of 

18 Land Management. Upon written request from the 

19 Board of Trustees, the Secretary of Agriculture shall 

20 provide copies of any documents or data, however 

21 stored or maintained, that includes the requested in22 formation concerning O&C Trust lands. The copies 

23 shall be provided as soon as practicable and to the 

24 greatest extent possible, but in no event later than 

25 30 days following the date of the request. 


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1 (5) IMPLEMENTATION OF MANAGEMENT

2 PLAN.—The Board of Trustees shall begin imple3 menting its management plan for the O&C Trust 

4 lands and revise the plan as necessary. Distribution 

5 of revenues generated from all activities on the O&C 

6 Trust lands shall be subject to section 315. 

7 (d) YEAR THREE AND SUBSEQUENT YEARS.— 

8 (1) APPLICABILITY.—During the third fiscal 

9 year of the transition period and all subsequent fis10 cal years, the activities described in this subsection 

11 shall occur. 

12 (2) BOARD OF TRUSTEES MANAGEMENT.—The 

13 Board of Trustees shall manage the O&C Trust 

14 lands pursuant to subtitle A. 

15 SEC. 332. O&C TRUST MANAGEMENT CAPITALIZATION. 

16 (a) BORROWING AUTHORITY.—The Board of Trust17 ees is authorized to borrow from any available private 

18 sources and non-Federal, public sources in order to pro19 vide for the costs of organization, administration, and 

20 management of the O&C Trust during the three-year tran21 sition period provided in section 331. 

22 (b) SUPPORT.—Notwithstanding any other provision 

23 of law, O&C Trust counties are authorized to loan to the 

24 O&C Trust, and the Board of Trustees is authorized to 

25 borrow from willing O&C Trust counties, amounts held on 


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1 account by such counties that are required to be expended 

2 in accordance with the Act of May 23,1908 (35 Stat. 260; 

3 16 U.S.C. 500) and section 13 of the Act of March 1, 

4 1911 (36 Stat. 963; 16 U.S.C. 500), except that, upon 

5 repayment by the O&C Trust, the obligation of such coun6 ties to expend the funds in accordance with such Acts shall 

7 continue to apply. 

8 SEC. 333. EXISTING BUREAU OF LAND MANAGEMENT AND 

9 FOREST SERVICE CONTRACTS. 

10 (a) TREATMENT OF EXISTING CONTRACTS.—Any 

11 work or timber contracts sold or awarded by the Bureau 

12 of Land Management or Forest Service on or with respect 

13 to Oregon and California Railroad Grant lands or O&C 

14 Region Public Domain lands before the transfer of the 

15 lands to the O&C Trust or the Forest Service, or Tribal 

16 lands transferred under subtitle D, shall remain binding 

17 and effective according to the terms of the contracts after 

18 the transfer of the lands. The Board of Trustees and Sec19 retary concerned shall make such accommodations as are 

20 necessary to avoid interfering in any way with the per21 formance of the contracts. 

22 (b) TREATMENT OF PAYMENTS UNDER CON23 TRACTS.—Payments made pursuant to the contracts de24 scribed in subsection (a), if any, shall be made as provided 

25 in those contracts and not made to the O&C Trust. 


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1 SEC. 334. PROTECTION OF VALID EXISTING RIGHTS AND 

2 ACCESS TO NON-FEDERAL LAND. 

3 (a) VALID RIGHTS.—Nothing in this title, or any 

4 amendment made by this title, shall be construed as termi5 nating any valid lease, permit, patent, right-of-way, agree6 ment, or other right of authorization existing on the date 

7 of the enactment of this Act with regard to Oregon and 

8 California Railroad Grant lands or O&C Region Public 

9 Domain lands, including O&C Trust lands over which 

10 management authority is transferred to the O&C Trust 

11 pursuant to section 311(c)(1), lands transferred to the 

12 Forest Service under section 321, and Tribal lands trans13 ferred under subtitle D. 

14 (b) ACCESS TO LANDS.— 

15 (1) EXISTING ACCESS RIGHTS.—The Secretary 

16 concerned shall preserve all rights of access and use, 

17 including (but not limited to) reciprocal right-of-way 

18 agreements, tail hold agreements, or other right-of19 way or easement obligations existing on the date of 

20 the enactment of this Act, and such rights shall re21 main applicable to lands covered by this subtitle in 

22 the same manner and to the same extent as such 

23 rights applied before the date of the enactment of 

24 this Act. 

25 (2) NEW ACCESS RIGHTS.—If a current or fu26 ture landowner of land intermingled with Oregon 


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1 and California Railroad Grant lands or O&C Region 

2 Public Domain lands does not have an existing ac3 cess agreement related to the lands covered by this 

4 subtitle, the Secretary concerned shall enter into an 

5 access agreement, including appurtenant lands, to 

6 secure the landowner the reasonable use and enjoy7 ment of the landowner’s land, including the harvest 

8 and hauling of timber. 

9 (c) MANAGEMENT COOPERATION.—The Board of 

10 Trustees and the Secretary concerned shall provide cur11 rent and future landowners of land intermingled with Or12 egon and California Railroad Grant lands or O&C Region 

13 Public Domain lands the permission needed to manage 

14 their lands, including to locate tail holds, tramways, and 

15 logging wedges, to purchase guylines, and to cost-share 

16 property lines surveys to the lands covered by this subtitle, 

17 within 30 days after receiving notification of the land18 owner’s plan of operation. 

19 (d) JUDICIAL REVIEW.—Notwithstanding section 

20 312(g)(2), a private landowner may obtain judicial review 

21 of a decision of the Board of Trustees to deny— 

22 (1) the landowner the rights provided by sub23 section (b) regarding access to the landowner’s land; 

24 or 


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1 (2) the landowner the reasonable use and enjoy2 ment of the landowner’s land. 

3 SEC. 335. REPEAL OF SUPERSEDED LAW RELATING TO OR4 EGON AND CALIFORNIA RAILROAD GRANT 

5 LANDS. 

6 (a) REPEAL.—Except as provided in subsection (b), 

7 the Act of August 28, 1937 (43 U.S.C. 1181a et seq.) 

8 is repealed effective on October 1 of the first fiscal year 

9 beginning after the appointment of the Board of Trustees. 

10 (b) EFFECT OF CERTAIN COURT RULINGS.—If, as 

11 a result of judicial review authorized by section 312, any 

12 provision of this subtitle is held to be invalid and imple13 mentation of the provision or any activity conducted under 

14 the provision is then enjoined, the Act of August 28, 1937 

15 (43 U.S.C. 1181a et seq.), as in effect immediately before 

16 its repeal by subsection (a), shall be restored to full legal 

17 force and effect as if the repeal had not taken effect. 

18 Subtitle B—Coos Bay Wagon Roads 

19 SEC. 341. TRANSFER OF MANAGEMENT AUTHORITY OVER 

20 CERTAIN COOS BAY WAGON ROAD GRANT 

21 LANDS TO COOS COUNTY, OREGON. 

22 (a) TRANSFER REQUIRED.—Except in the case of the 

23 lands described in subsection (b), the Secretary of the In24 terior shall transfer management authority over the Coos 

25 Bay Wagon Road Grant lands reconveyed to the United 


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1 States pursuant to the first section of the Act of February 

2 26, 1919 (40 Stat. 1179), and the surface resources there3 on, to the Coos County government. The transfer shall be 

4 completed not later than one year after the date of the 

5 enactment of this Act. 

6 (b) LANDS EXCLUDED.—The transfer under sub7 section (a) shall not include any of the following Coos Bay 

8 Wagon Road Grant lands: 

9 (1) Federal lands within the National Land10 scape Conservation System as of January 1, 2013. 

11 (2) Federal lands designated as Areas of Crit12 ical Environmental Concern as of January 1, 2013. 

13 (3) Federal lands that were in the National 

14 Wilderness Preservation System as of January 1, 

15 2013. 

16 (4) Federal lands included in the National Wild 

17 and Scenic Rivers System of January 1, 2013. 

18 (5) Federal lands within the boundaries of a 

19 national monument, park, or other developed recre20 ation area as of January 1, 2013. 

21 (6) All stands of timber generally older than 

22 125 years old, as of January 1, 2011, which shall 

23 be conclusively determined by reference to the pol24 ygon spatial data layer in the electronic data com25 pilation filed by the Bureau of Land Management 


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1 based on the predominant birth-date attribute, and 

2 the boundaries of such stands shall be conclusively 

3 determined for all purposes by the global positioning 

4 system coordinates for such stands. 

5 (7) Tribal lands addressed in subtitle D. 

6 (c) MANAGEMENT.— 

7 (1) IN GENERAL.—Coos County shall manage 

8 the Coos Bay Wagon Road Grant lands over which 

9 management authority is transferred under sub10 section (a) consistent with section 314, and for pur11 poses of applying such section, ‘‘Board of Trustees’’ 

12 shall be deemed to mean ‘‘Coos County’’ and ‘‘O&C 

13 Trust lands’’ shall be deemed to mean the trans14 ferred lands. 

15 (2) RESPONSIBILITY FOR MANAGEMENT

16 COSTS.—Coos County shall be responsible for all 

17 management and administrative costs of the Coos 

18 Bay Wagon Road Grant lands over which manage19 ment authority is transferred under subsection (a). 

20 (3) MANAGEMENT CONTRACTS.—Coos County 

21 may contract, if competitively bid, with one or more 

22 public, private, or tribal entities, including (but not 

23 limited to) the Coquille Indian Tribe, if such entities 

24 are substantially based in Coos or Douglas Counties, 

25 Oregon, to manage and administer the lands. 


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1 (d) TREATMENT OF REVENUES.— 

2 (1) IN GENERAL.—All revenues generated from 

3 the Coos Bay Wagon Road Grant lands over which 

4 management authority is transferred under sub5 section (a) shall be deposited in the general fund of 

6 the Coos County treasury to be used as are other 

7 unrestricted county funds. 

8 (2) TREASURY.—As soon as practicable after 

9 the end of the third fiscal year of the transition pe10 riod and in each of the subsequent seven fiscal 

11 years, Coos County shall submit a payment of 

12 $400,000 to the United States Treasury. 

13 (3) DOUGLAS COUNTY.—Beginning with the 

14 first fiscal year for which management of the Coos 

15 Bay Wagon Road Grant lands over which manage16 ment authority is transferred under subsection (a) 

17 generates net positive revenues, and for all subse18 quent fiscal years, Coos County shall transmit a 

19 payment to the general fund of the Douglas County 

20 treasury from the net revenues generated from the 

21 lands. The payment shall be made as soon as prac22 ticable following the end of each fiscal year and the 

23 amount of the payment shall bear the same propor24 tion to total net revenues for the fiscal year as the 

25 proportion of the Coos Bay Wagon Road Grant 


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1 lands in Douglas County in relation to all Coos Bay 

2 Wagon Road Grant lands in Coos and Douglas 

3 Counties as of January 1, 2013. 

4 SEC. 342. TRANSFER OF CERTAIN COOS BAY WAGON ROAD 

5 GRANT LANDS TO FOREST SERVICE. 

6 The Secretary of the Interior shall transfer adminis7 trative jurisdiction over the Coos Bay Wagon Road Grant 

8 lands excluded by paragraphs (1) through (6) of section 

9 341(b) to the Secretary of Agriculture for inclusion in the 

10 National Forest System and administration by the Forest 

11 Service as provided in section 322. 

12 SEC. 343. LAND EXCHANGE AUTHORITY. 

13 Coos County may recommend land exchanges to the 

14 Secretary of Agriculture and carry out such land ex15 changes in the manner provided in section 316. 

16 Subtitle C—Oregon Treasures 

17 CHAPTER 1—WILDERNESS AREAS 

18 SEC. 351. DESIGNATION OF DEVIL’S STAIRCASE WILDER19 NESS. 

20 (a) DESIGNATION.—In furtherance of the purposes of 

21 the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal 

22 land in the State of Oregon administered by the Forest 

23 Service and the Bureau of Land Management, comprising 

24 approximately 30,520 acres, as generally depicted on the 

25 map titled ‘‘Devil’s Staircase Wilderness Proposal’’, dated 


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1 October 26, 2009, are designated as a wilderness area for 

2 inclusion in the National Wilderness Preservation System 

3 and to be known as the ‘‘Devil’s Staircase Wilderness’’. 

4 (b) MAP AND LEGAL DESCRIPTION.—As soon as 

5 practicable after the date of the enactment of this Act, 

6 the Secretary shall file with the Committee on Natural Re7 sources of the House of Representatives and the Com8 mittee on Energy and Natural Resources of the Senate 

9 a map and legal description of wilderness area designated 

10 by subsection (a). The map and legal description shall 

11 have the same force and effect as if included in this Act, 

12 except that the Secretary may correct clerical and typo13 graphical errors in the map and description. In the case 

14 of any discrepancy between the acreage specified in sub15 section (a) and the map, the map shall control. The map 

16 and legal description shall be on file and available for pub17 lic inspection in the Office of the Chief of the Forest Serv18 ice. 

19 (c) ADMINISTRATION.— 

20 (1) IN GENERAL.—Subject to valid existing 

21 rights, the Devil’s Staircase Wilderness Area shall be 

22 administered by the Secretaries of Agriculture and 

23 the Interior, in accordance with the Wilderness Act 

24 and the Oregon Wilderness Act of 1984, except that, 

25 with respect to the wilderness area, any reference in 


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1 the Wilderness Act to the effective date of that Act 

2 shall be deemed to be a reference to the date of the 

3 enactment of this Act. 

4 (2) FOREST SERVICE ROADS.—As provided in 

5 section 4(d)(1) of the Wilderness Act (16 U.S.C. 

6 1133(d)(1)), the Secretary of Agriculture shall— 

7 (A) decommission any National Forest 

8 System road within the wilderness boundaries; 

9 and 

10 (B) convert Forest Service Road 4100 

11 within the wilderness boundary to a trail for 

12 primitive recreational use. 

13 (d) INCORPORATION OF ACQUIRED LAND AND IN14 TERESTS.—Any land within the boundary of the wilder15 ness area designated by this section that is acquired by 

16 the United States shall— 

17 (1) become part of the Devil’s Staircase Wilder18 ness Area; and 

19 (2) be managed in accordance with this section 

20 and any other applicable law. 

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

22 shall be construed as affecting the jurisdiction or respon23 sibilities of the State of Oregon with respect to wildlife 

24 and fish in the national forests. 


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1 (f) WITHDRAWAL.—Subject to valid rights in exist2 ence on the date of enactment of this Act, the Federal 

3 land designated as wilderness area by this section is with4 drawn from all forms of— 

5 (1) entry, appropriation, or disposal under the 

6 public land laws; 

7 (2) location, entry, and patent under the mining 

8 laws; and 

9 (3) disposition under all laws pertaining to min10 eral and geothermal leasing or mineral materials. 

11 (g) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

12 this section shall be construed to diminish— 

13 (1) the existing rights of any Indian tribe; or 

14 (2) tribal rights regarding access to Federal 

15 lands for tribal activities, including spiritual, cul16 tural, and traditional food gathering activities. 

17 SEC. 352. EXPANSION OF WILD ROGUE WILDERNESS AREA. 

18 (a) EXPANSION.—In accordance with the Wilderness 

19 Act (16 U.S.C. 1131 et seq.), certain Federal land man20 aged by the Bureau of Land Management, comprising ap21 proximately 58,100 acres, as generally depicted on the 

22 map entitled ‘‘Wild Rogue’’, dated September 16, 2010, 

23 are hereby included in the Wild Rogue Wilderness, a com24 ponent of the National Wilderness Preservation System. 

25 (b) MAPS AND LEGAL DESCRIPTIONS.— 


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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary of 

3 the Interior shall file a map and a legal description 

4 of the wilderness area designated by this section, 

5 with— 

6 (A) the Committee on Energy and Natural 

7 Resources of the Senate; and 

8 (B) the Committee on Natural Resources 

9 of the House of Representatives. 

10 (2) FORCE OF LAW.—The maps and legal de11 scriptions filed under paragraph (1) shall have the 

12 same force and effect as if included in this subtitle, 

13 except that the Secretary may correct typographical 

14 errors in the maps and legal descriptions. 

15 (3) PUBLIC AVAILABILITY.—Each map and 

16 legal description filed under paragraph (1) shall be 

17 on file and available for public inspection in the ap18 propriate offices of the Forest Service. 

19 (c) ADMINISTRATION.—Subject to valid existing 

20 rights, the area designated as wilderness by this section 

21 shall be administered by the Secretary of Agriculture in 

22 accordance with the Wilderness Act (16 U.S.C. 1131 et 

23 seq.). 

24 (d) WITHDRAWAL.—Subject to valid rights in exist25 ence on the date of enactment of this Act, the Federal 


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1 land designated as wilderness by this section is withdrawn 

2 from all forms of— 

3 (1) entry, appropriation, or disposal under the 

4 public land laws; 

5 (2) location, entry, and patent under the mining 

6 laws; and 

7 (3) disposition under all laws pertaining to min8 eral and geothermal leasing or mineral materials. 

9 CHAPTER 2—WILD AND SCENIC RIVER 

10 DESIGNATED AND RELATED PROTEC11 TIONS 

12 SEC. 361. WILD AND SCENIC RIVER DESIGNATIONS, 

13 MOLALLA RIVER. 

14 (a) DESIGNATIONS.—Section 3(a) of the Wild and 

15 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add16 ing at the end the following: 

17 ‘‘(ll) MOLALLA RIVER, OREGON.—The fol18 lowing segments in the State of Oregon, to be ad19 ministered by the Secretary of the Interior as a rec20 reational river: 

21 ‘‘(A) The approximately 15.1-mile segment 

22 from the southern boundary line of T. 7 S., R. 

23 4 E., sec. 19, downstream to the edge of the 

24 Bureau of Land Management boundary in T. 6 

25 S., R. 3 E., sec. 7. 


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1 ‘‘(B) The approximately 6.2-mile segment 

2 from the easternmost Bureau of Land Management boundary line in the NE1 3 ⁄4 sec. 4, T. 7 S., 

4 R. 4 E., downstream to the confluence with the 

5 Molalla River.’’. 

6 (b) TECHNICAL CORRECTIONS.—Section 3(a)(102) of 

7 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) 

8 is amended— 

9 (1) in the heading, by striking ‘‘SQUAW

10 CREEK’’ and inserting ‘‘WHYCHUS CREEK’’; 

11 (2) in the matter preceding subparagraph (A), 

12 by striking ‘‘McAllister Ditch, including the Soap 

13 Fork Squaw Creek, the North Fork, the South 

14 Fork, the East and West Forks of Park Creek, and 

15 Park Creek Fork’’ and inserting ‘‘Plainview Ditch, 

16 including the Soap Creek, the North and South 

17 Forks of Whychus Creek, the East and West Forks 

18 of Park Creek, and Park Creek’’; and 

19 (3) in subparagraph (B), by striking 

20 ‘‘McAllister Ditch’’ and inserting ‘‘Plainview Ditch’’. 

21 SEC. 362. WILD AND SCENIC RIVERS ACT TECHNICAL COR22 RECTIONS RELATED TO CHETCO RIVER. 

23 Section 3(a)(69) of the Wild and Scenic Rivers Act 

24 (16 U.S.C. 1274(a)(69)) is amended— 


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1 (1) by inserting before the ‘‘The 44.5-mile’’ the 

2 following: 

3 ‘‘(A) DESIGNATIONS.—’’; 

4 (2) by redesignating subparagraphs (A), (B), 

5 and (C) as clauses (i), (ii), and (iii), respectively 

6 (and by moving the margins 2 ems to the right); 

7 (3) in clause (i), as redesignated— 

8 (A) by striking ‘‘25.5-mile’’ and inserting 

9 ‘‘27.5-mile’’; and 

10 (B) by striking ‘‘Boulder Creek at the 

11 Kalmiopsis Wilderness boundary’’ and inserting 

12 ‘‘Mislatnah Creek’’; 

13 (4) in clause (ii), as redesignated— 

14 (A) by striking ‘‘8’’ and inserting ‘‘7.5’’; 

15 (B) by striking ‘‘Boulder Creek’’ and in16 serting ‘‘Mislatnah Creek’’; and 

17 (C) by striking ‘‘Steel Bridge’’ and insert18 ing ‘‘Eagle Creek’’; 

19 (5) in clause (iii), as redesignated— 

20 (A) by striking ‘‘11’’ and inserting ‘‘9.5’’; 

21 and 

22 (B) by striking ‘‘Steel Bridge’’ and insert23 ing ‘‘Eagle Creek’’; and 

24 (6) by adding at the end the following: 


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1 ‘‘(B) WITHDRAWAL.—Subject to valid rights, 

2 the Federal land within the boundaries of the river 

3 segments designated by subparagraph (A), is with4 drawn from all forms of— 

5 ‘‘(i) entry, appropriation, or disposal under 

6 the public land laws; 

7 ‘‘(ii) location, entry, and patent under the 

8 mining laws; and 

9 ‘‘(iii) disposition under all laws pertaining 

10 to mineral and geothermal leasing or mineral 

11 materials.’’. 

12 SEC. 363. WILD AND SCENIC RIVER DESIGNATIONS, 

13 WASSON CREEK AND FRANKLIN CREEK. 

14 Section 3(a) of the Wild and Scenic Rivers Act (16 

15 U.S.C. 1274(a)) is amended by adding at the end the fol16 lowing: 

17 ‘‘(ll) FRANKLIN CREEK, OREGON.—The 4.5- 

18 mile segment from the headwaters to the private 

19 land boundary in section 8 to be administered by the 

20 Secretary of Agriculture as a wild river. 

21 ‘‘(ll) WASSON CREEK, OREGON.— 

22 ‘‘(A) The 4.2-mile segment from the east23 ern edge of section 17 downstream to the 

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1 tered by the Secretary of Interior as a wild 

2 river. 

3 ‘‘(B) The 5.9-mile segment downstream 

4 from the boundary of sections 11 and 12 to the 

5 private land boundary in section 22 to be ad6 ministered by the Secretary of Agriculture as a 

7 wild river.’’. 

8 SEC. 364. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE 

9 RIVER AREA. 

10 (a) DESIGNATIONS.—Section 3(a)(5) of the Wild and 

11 Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (relating to the 

12 Rogue River, Oregon) is amended by adding at the end 

13 the following: ‘‘In addition to the segment described in the 

14 previous sentence, the following segments in the Rogue 

15 River area are designated: 

16 ‘‘(A) KELSEY CREEK.—The approximately 4.8 

17 miles of Kelsey Creek from east section line of 

18 T32S, R9W, sec. 34, W.M. to the confluence with 

19 the Rogue River as a wild river. 

20 ‘‘(B) EAST FORK KELSEY CREEK.—The ap21 proximately 4.6 miles of East Fork Kelsey Creek 

22 from the Wild Rogue Wilderness boundary in T33S, 

23 R8W, sec. 5, W.M. to the confluence with Kelsey 

24 Creek as a wild river. 

25 ‘‘(C) WHISKY CREEK.— 


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1 ‘‘(i) The approximately 0.6 miles of Whis2 ky Creek from the confluence of the East Fork 

3 and West Fork to 0.1 miles downstream from 

4 road 33–8–23 as a recreational river. 

5 ‘‘(ii) The approximately 1.9 miles of Whis6 ky Creek from 0.1 miles downstream from road 

7 33–8–23 to the confluence with the Rogue 

8 River as a wild river. 

9 ‘‘(D) EAST FORK WHISKY CREEK.— 

10 ‘‘(i) The approximately 2.8 miles of East 

11 Fork Whisky Creek from the Wild Rogue Wil12 derness boundary in T33S, R8W, sec. 11, W.M. 

13 to 0.1 miles downstream of road 33–8–26 

14 crossing as a wild river. 

15 ‘‘(ii) The approximately .3 miles of East 

16 Fork Whisky Creek from 0.1 miles downstream 

17 of road 33–8–26 to the confluence with Whisky 

18 Creek as a recreational river. 

19 ‘‘(E) WEST FORK WHISKY CREEK.—The ap20 proximately 4.8 miles of West Fork Whisky Creek 

21 from its headwaters to the confluence with Whisky 

22 Creek as a wild river. 

23 ‘‘(F) BIG WINDY CREEK.— 

24 ‘‘(i) The approximately 1.5 miles of Big 

25 Windy Creek from its headwaters to 0.1 miles 


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1 downstream from road 34–9–17.1 as a scenic 

2 river. 

3 ‘‘(ii) The approximately 5.8 miles of Big 

4 Windy Creek from 0.1 miles downstream from 

5 road 34–9–17.1 to the confluence with the 

6 Rogue River as a wild river. 

7 ‘‘(G) EAST FORK BIG WINDY CREEK.— 

8 ‘‘(i) The approximately 0.2 miles of East 

9 Fork Big Windy Creek from its headwaters to 

10 0.1 miles downstream from road 34–8–36 as a 

11 scenic river. 

12 ‘‘(ii) The approximately 3.7 miles of East 

13 Fork Big Windy Creek from 0.1 miles down14 stream from road 34–8–36 to the confluence 

15 with Big Windy Creek as a wild river. 

16 ‘‘(H) LITTLE WINDY CREEK.—The approxi17 mately 1.9 miles of Little Windy Creek from 0.1 

18 miles downstream of road 34–8–36 to the confluence 

19 with the Rogue River as a wild river. 

20 ‘‘(I) HOWARD CREEK.— 

21 ‘‘(i) The approximately 0.3 miles of How22 ard Creek from its headwaters to 0.1 miles 

23 downstream of road 34–9–34 as a scenic river. 

24 ‘‘(ii) The approximately 6.9 miles of How25 ard Creek from 0.1 miles downstream of road 


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1 34–9–34 to the confluence with the Rogue 

2 River as a wild river. 

3 ‘‘(J) MULE CREEK.—The approximately 6.3 

4 miles of Mule Creek from east section line of T32S, 

5 R10W, sec. 25, W.M. to the confluence with the 

6 Rogue River as a wild river. 

7 ‘‘(K) ANNA CREEK.—The approximately 3.5- 

8 mile section of Anna Creek from its headwaters to 

9 the confluence with Howard Creek as a wild river. 

10 ‘‘(L) MISSOURI CREEK.—The approximately 1.6 

11 miles of Missouri Creek from the Wild Rogue Wil12 derness boundary in T33S, R10W, sec. 24, W.M. to 

13 the confluence with the Rogue River as a wild river. 

14 ‘‘(M) JENNY CREEK.—The approximately 1.8 

15 miles of Jenny Creek from the Wild Rogue Wilder16 ness boundary in T33S, R9W, sec. 28, W.M. to the 

17 confluence with the Rogue River as a wild river. 

18 ‘‘(N) RUM CREEK.—The approximately 2.2 

19 miles of Rum Creek from the Wild Rogue Wilder20 ness boundary in T34S, R8W, sec. 9, W.M. to the 

21 confluence with the Rogue River as a wild river. 

22 ‘‘(O) EAST FORK RUM CREEK.—The approxi23 mately 1.5 miles of East Rum Creek from the Wild 

24 Rogue Wilderness boundary in T34S, R8W, sec. 10, 


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1 W.M. to the confluence with Rum Creek as a wild 

2 river. 

3 ‘‘(P) WILDCAT CREEK.—The approximately 

4 1.7-mile section of Wildcat Creek from its head5 waters downstream to the confluence with the Rogue 

6 River as a wild river. 

7 ‘‘(Q) MONTGOMERY CREEK.—The approxi8 mately 1.8-mile section of Montgomery Creek from 

9 its headwaters downstream to the confluence with 

10 the Rogue River as a wild river. 

11 ‘‘(R) HEWITT CREEK.—The approximately 1.2 

12 miles of Hewitt Creek from the Wild Rogue Wilder13 ness boundary in T33S, R9W, sec. 19, W.M. to the 

14 confluence with the Rogue River as a wild river. 

15 ‘‘(S) BUNKER CREEK.—The approximately 6.6 

16 miles of Bunker Creek from its headwaters to the 

17 confluence with the Rogue River as a wild river. 

18 ‘‘(T) DULOG CREEK.— 

19 ‘‘(i) The approximately 0.8 miles of Dulog 

20 Creek from its headwaters to 0.1 miles down21 stream of road 34–8–36 as a scenic river. 

22 ‘‘(ii) The approximately 1.0 miles of Dulog 

23 Creek from 0.1 miles downstream of road 34– 

24 8–36 to the confluence with the Rogue River as 

25 a wild river. 


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1 ‘‘(U) QUAIL CREEK.—The approximately 1.7 

2 miles of Quail Creek from the Wild Rogue Wilder3 ness boundary in T33S, R10W, sec. 1, W.M. to the 

4 confluence with the Rogue River as a wild river. 

5 ‘‘(V) MEADOW CREEK.—The approximately 4.1 

6 miles of Meadow Creek from its headwaters to the 

7 confluence with the Rogue River as a wild river. 

8 ‘‘(W) RUSSIAN CREEK.—The approximately 2.5 

9 miles of Russian Creek from the Wild Rogue Wilder10 ness boundary in T33S, R8W, sec. 20, W.M. to the 

11 confluence with the Rogue River as a wild river. 

12 ‘‘(X) ALDER CREEK.—The approximately 1.2 

13 miles of Alder Creek from its headwaters to the con14 fluence with the Rogue River as a wild river. 

15 ‘‘(Y) BOOZE CREEK.—The approximately 1.5 

16 miles of Booze Creek from its headwaters to the 

17 confluence with the Rogue River as a wild river. 

18 ‘‘(Z) BRONCO CREEK.—The approximately 1.8 

19 miles of Bronco Creek from its headwaters to the 

20 confluence with the Rogue River as a wild river. 

21 ‘‘(AA) COPSEY CREEK.—The approximately 1.5 

22 miles of Copsey Creek from its headwaters to the 

23 confluence with the Rogue River as a wild river. 


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1 ‘‘(BB) CORRAL CREEK.—The approximately 

2 0.5 miles of Corral Creek from its headwaters to the 

3 confluence with the Rogue River as a wild river. 

4 ‘‘(CC) COWLEY CREEK.—The approximately 

5 0.9 miles of Cowley Creek from its headwaters to 

6 the confluence with the Rogue River as a wild river. 

7 ‘‘(DD) DITCH CREEK.—The approximately 1.8 

8 miles of Ditch Creek from the Wild Rogue Wilder9 ness boundary in T33S, R9W, sec. 5, W.M. to its 

10 confluence with the Rogue River as a wild river. 

11 ‘‘(EE) FRANCIS CREEK.—The approximately 

12 0.9 miles of Francis Creek from its headwaters to 

13 the confluence with the Rogue River as a wild river. 

14 ‘‘(FF) LONG GULCH.—The approximately 1.1 

15 miles of Long Gulch from the Wild Rogue Wilder16 ness boundary in T33S, R10W, sec. 23, W.M. to the 

17 confluence with the Rogue River as a wild river. 

18 ‘‘(GG) BAILEY CREEK.—The approximately 1.7 

19 miles of Bailey Creek from the west section line of 

20 T34S, R8W, sec. 14, W.M. to the confluence of the 

21 Rogue River as a wild river. 

22 ‘‘(HH) SHADY CREEK.—The approximately 0.7 

23 miles of Shady Creek from its headwaters to the 

24 confluence with the Rogue River as a wild river. 

25 ‘‘(II) SLIDE CREEK.— 


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1 ‘‘(i) The approximately 0.5-mile section of 

2 Slide Creek from its headwaters to 0.1 miles 

3 downstream from road 33–9–6 as a scenic 

4 river. 

5 ‘‘(ii) The approximately 0.7-mile section of 

6 Slide Creek from 0.1 miles downstream of road 

7 33–9–6 to the confluence with the Rogue River 

8 as a wild river.’’. 

9 (b) MANAGEMENT.—All wild, scenic, and recreation 

10 classified segments designated by the amendment made by 

11 subsection (a) shall be managed as part of the Rogue Wild 

12 and Scenic River. 

13 (c) WITHDRAWAL.—Subject to valid rights, the Fed14 eral land within the boundaries of the river segments des15 ignated by the amendment made by subsection (a) is with16 drawn from all forms of— 

17 (1) entry, appropriation, or disposal under the 

18 public land laws; 

19 (2) location, entry, and patent under the mining 

20 laws; and 

21 (3) disposition under all laws pertaining to min22 eral and geothermal leasing or mineral materials. 


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1 SEC. 365. ADDITIONAL PROTECTIONS FOR ROGUE RIVER 

2 TRIBUTARIES. 

3 (a) WITHDRAWAL.—Subject to valid rights, the Fed4 eral land within a quarter-mile on each side of the streams 

5 listed in subsection (b) is withdrawn from all forms of— 

6 (1) entry, appropriation, or disposal under the 

7 public land laws; 

8 (2) location, entry, and patent under the mining 

9 laws; and 

10 (3) disposition under all laws pertaining to min11 eral and geothermal leasing or mineral materials. 

12 (b) STREAM SEGMENTS.—Subsection (a) applies the 

13 following tributaries of the Rogue River: 

14 (1) KELSEY CREEK.—The approximately 4.5 

15 miles of Kelsey Creek from its headwaters to the 

16 east section line of 32S 9W sec. 34. 

17 (2) EAST FORK KELSEY CREEK.—The approxi18 mately .2 miles of East Fork Kelsey Creek from its 

19 headwaters to the Wild Rogue Wilderness boundary 

20 in 33S 8W sec. 5. 

21 (3) EAST FORK WHISKY CREEK.—The approxi22 mately .7 miles of East Fork Whisky Creek from its 

23 headwaters to the Wild Rogue Wilderness boundary 

24 in 33S 8W section 11. 


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1 (4) LITTLE WINDY CREEK.—The approximately 

2 1.2 miles of Little Windy Creek from its headwaters 

3 to west section line of 33S 9W sec. 34. 

4 (5) MULE CREEK.—The approximately 5.1 

5 miles of Mule Creek from its headwaters to east sec6 tion line of 32S 10W sec. 25. 

7 (6) MISSOURI CREEK.—The approximately 3.1 

8 miles of Missouri Creek from its headwaters to the 

9 Wild Rogue Wilderness boundary in 33S 10W sec. 

10 24. 

11 (7) JENNY CREEK.—The approximately 3.1 

12 miles of Jenny Creek from its headwaters to the 

13 Wild Rogue Wilderness boundary in 33S 9W sec. 

14 28. 

15 (8) RUM CREEK.—The approximately 2.2 miles 

16 of Rum Creek from its headwaters to the Wild 

17 Rogue Wilderness boundary in 34S 8W sec. 9. 

18 (9) EAST FORK RUM CREEK.—The approxi19 mately .5 miles of East Fork Rum Creek from its 

20 headwaters to the Wild Rogue Wilderness boundary 

21 in 34S 8W sec. 10. 

22 (10) HEWITT CREEK.—The approximately 1.4 

23 miles of Hewitt Creek from its headwaters to the 

24 Wild Rogue Wilderness boundary in 33S 9W sec. 

25 19. 


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1 (11) QUAIL CREEK.—The approximately .8 

2 miles of Quail Creek from its headwaters to the Wild 

3 Rogue Wilderness boundary in 33S 10W sec. 1. 

4 (12) RUSSIAN CREEK.—The approximately .1 

5 miles of Russian Creek from its headwaters to the 

6 Wild Rogue Wilderness boundary in 33S 8W sec. 

7 20. 

8 (13) DITCH CREEK.—The approximately .7 

9 miles of Ditch Creek from its headwaters to the 

10 Wild Rogue Wilderness boundary in 33S 9W sec. 5. 

11 (14) LONG GULCH.—The approximately 1.4 

12 miles of Long Gulch from its headwaters to the Wild 

13 Rogue Wilderness boundary in 33S 10W sec. 23. 

14 (15) BAILEY CREEK.—The approximately 1.4 

15 miles of Bailey Creek from its headwaters to west 

16 section line of 34S 8W sec. 14. 

17 (16) QUARTZ CREEK.—The approximately 3.3 

18 miles of Quartz Creek from its headwaters to its 

19 confluence with the North Fork Galice Creek. 

20 (17) NORTH FORK GALICE CREEK.—The ap21 proximately 5.7 miles of the North Fork Galice 

22 Creek from its headwaters to its confluence with 

23 Galice Creek. 

24 (18) GRAVE CREEK.—The approximately 10.2 

25 mile section of Grave Creek from the confluence of 


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1 Wolf Creek downstream to the confluence with the 

2 Rogue River. 

3 (19) CENTENNIAL GULCH.—The approximately 

4 2.2 miles of Centennial Gulch from its headwaters to 

5 its confluence with the Rogue River. 

6 CHAPTER 3—ADDITIONAL PROTECTIONS 

7 SEC. 371. LIMITATIONS ON LAND ACQUISITION. 

8 (a) PROHIBITION ON USE OF CONDEMNATION.—The 

9 Secretary of the Interior or the Secretary of Agriculture 

10 may not acquire by condemnation any land or interest 

11 within the boundaries of the river segments or wilderness 

12 designated by this subtitle. 

13 (b) LANDOWNER CONSENT REQUIRED.—Private or 

14 non-Federal public property shall not be included within 

15 the boundaries of the river segments or wilderness des16 ignated by this subtitle unless the owner of the property 

17 has consented in writing to having that property included 

18 in such boundaries. 

19 SEC. 372. OVERFLIGHTS. 

20 (a) IN GENERAL.—Nothing in this subtitle or the 

21 Wilderness Act shall preclude low-level overflights and op22 erations of military aircraft, helicopters, missiles, or un23 manned aerial vehicles over the wilderness designated by 

24 this subtitle, including military overflights and operations 

25 that can be seen or heard within the wilderness. 


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1 (b) SPECIAL USE AIRSPACE AND TRAINING

2 ROUTES.—Nothing in this subtitle or the Wilderness Act 

3 shall preclude the designation of new units of special use 

4 airspace, the expansion of existing units of special use air5 space, or the use or establishment of military training 

6 routes over wilderness designated by this subtitle. 

7 SEC. 373. BUFFER ZONES. 

8 Nothing in this subtitle— 

9 (1) establishes or authorizes the establishment 

10 of a protective perimeter or buffer zone around the 

11 boundaries of the river segments or wilderness des12 ignated by this subtitle; or 

13 (2) precludes, limits, or restricts an activity 

14 from being conducted outside such boundaries, in15 cluding an activity that can be seen or heard from 

16 within such boundaries. 

17 SEC. 374. PREVENTION OF WILDFIRES. 

18 The designation of a river segment or wilderness by 

19 this subtitle or the withdrawal of the Federal land under 

20 this subtitle shall not be construed to interfere with the 

21 authority of the Secretary of the Interior or the Secretary 

22 of Agriculture to authorize mechanical thinning of trees 

23 or underbrush to prevent or control the spread of wildfires, 

24 or conditions creating the risk of wildfire that threatens 

25 areas outside the boundary of the wilderness, or the use 


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1 of mechanized equipment for wildfire pre-suppression and 

2 suppression. 

3 SEC. 375. LIMITATION ON DESIGNATION OF CERTAIN 

4 LANDS IN OREGON. 

5 A national monument designation under the Act of 

6 June 8, 1906 (commonly known as the Antiquities Act; 

7 16 U.S.C. 431 et seq.) within or on any portion of the 

8 Oregon and California Railroad Grant Lands or the O&C 

9 Region Public Domain lands, regardless of whether man10 agement authority over the lands are transferred to the 

11 O&C Trust pursuant to section 311(c)(1), the lands are 

12 excluded from the O&C Trust pursuant to section 

13 311(c)(2), or the lands are transferred to the Forest Serv14 ice under section 321, shall only be made pursuant to Con15 gressional approval in an Act of Congress. 

16 CHAPTER 4—EFFECTIVE DATE 

17 SEC. 381. EFFECTIVE DATE. 

18 (a) IN GENERAL.—This subtitle and the amendments 

19 made by this subtitle shall take effect on October 1 of the 

20 second fiscal year of the transition period. 

21 (b) EXCEPTION.—If, as a result of judicial review au22 thorized by section 312, any provision of subtitle A is held 

23 to be invalid and implementation of the provision or any 

24 activity conducted under the provision is enjoined, this 

25 subtitle and the amendments made by this subtitle shall 


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1 not take effect, or if the effective date specified in sub2 section (a) has already occurred, this subtitle shall have 

3 no force and effect and the amendments made by this sub4 title are repealed. 

5 Subtitle D—Tribal Trust Lands 

6 PART 1—COUNCIL CREEK LAND CONVEYANCE 

7 SEC. 391. DEFINITIONS. 

8 In this part: 

9 (1) COUNCIL CREEK LAND.—The term ‘‘Council 

10 Creek land’’ means the approximately 17,519 acres 

11 of land, as generally depicted on the map entitled 

12 ‘‘Canyon Mountain Land Conveyance’’ and dated 

13 June 27, 2013. 

14 (2) TRIBE.—The term ‘‘Tribe’’ means the Cow 

15 Creek Band of Umpqua Tribe of Indians. 

16 SEC. 392. CONVEYANCE. 

17 (a) IN GENERAL.—Subject to valid existing rights, 

18 including rights-of-way, all right, title, and interest of the 

19 United States in and to the Council Creek land, including 

20 any improvements located on the land, appurtenances to 

21 the land, and minerals on or in the land, including oil and 

22 gas, shall be— 

23 (1) held in trust by the United States for the 

24 benefit of the Tribe; and 

25 (2) part of the reservation of the Tribe. 


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1 (b) SURVEY.—Not later than one year after the date 

2 of enactment of this Act, the Secretary of the Interior 

3 shall complete a survey of the boundary lines to establish 

4 the boundaries of the land taken into trust under sub5 section (a). 

6 SEC. 393. MAP AND LEGAL DESCRIPTION. 

7 (a) IN GENERAL.—As soon as practicable after the 

8 date of enactment of this Act, the Secretary of the Interior 

9 shall file a map and legal description of the Council Creek 

10 land with— 

11 (1) the Committee on Energy and Natural Re12 sources of the Senate; and 

13 (2) the Committee on Natural Resources of the 

14 House of Representatives. 

15 (b) FORCE AND EFFECT.—The map and legal de16 scription filed under subsection (a) shall have the same 

17 force and effect as if included in this Act, except that the 

18 Secretary of the Interior may correct any clerical or typo19 graphical errors in the map or legal description. 

20 (c) PUBLIC AVAILABILITY.—The map and legal de21 scription filed under subsection (a) shall be on file and 

22 available for public inspection in the Office of the Sec23 retary of the Interior. 


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1 SEC. 394. ADMINISTRATION. 

2 (a) IN GENERAL.—Unless expressly provided in this 

3 part, nothing in this part affects any right or claim of 

4 the Tribe existing on the date of enactment of this Act 

5 to any land or interest in land. 

6 (b) PROHIBITIONS.— 

7 (1) EXPORTS OF UNPROCESSED LOGS.—Fed8 eral law (including regulations) relating to the ex9 port of unprocessed logs harvested from Federal 

10 land shall apply to any unprocessed logs that are 

11 harvested from the Council Creek land. 

12 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

13 property taken into trust under section 392 shall not 

14 be eligible, or used, for any gaming activity carried 

15 out under Public Law 100–497 (25 U.S.C. 2701 et 

16 seq.). 

17 (c) FOREST MANAGEMENT.—Any forest management 

18 activity that is carried out on the Council Creek land shall 

19 be managed in accordance with all applicable Federal 

20 laws. 

21 PART 2—OREGON COASTAL LAND CONVEYANCE 

22 SEC. 395. DEFINITIONS. 

23 In this part: 

24 (1) OREGON COASTAL LAND.—The term ‘‘Or25 egon Coastal land’’ means the approximately 14,804 

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1 tled ‘‘Oregon Coastal Land Conveyance’’ and dated 

2 March 5, 2013. 

3 (2) CONFEDERATED TRIBES.—The term ‘‘Con4 federated Tribes’’ means the Confederated Tribes of 

5 Coos, Lower Umpqua, and Siuslaw Indians. 

6 SEC. 396. CONVEYANCE. 

7 (a) IN GENERAL.—Subject to valid existing rights, 

8 including rights-of-way, all right, title, and interest of the 

9 United States in and to the Oregon Coastal land, includ10 ing any improvements located on the land, appurtenances 

11 to the land, and minerals on or in the land, including oil 

12 and gas, shall be— 

13 (1) held in trust by the United States for the 

14 benefit of the Confederated Tribes; and 

15 (2) part of the reservation of the Confederated 

16 Tribes. 

17 (b) SURVEY.—Not later than one year after the date 

18 of enactment of this Act, the Secretary of the Interior 

19 shall complete a survey of the boundary lines to establish 

20 the boundaries of the land taken into trust under sub21 section (a). 

22 SEC. 397. MAP AND LEGAL DESCRIPTION. 

23 (a) IN GENERAL.—As soon as practicable after the 

24 date of enactment of this Act, the Secretary of the Interior 


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1 shall file a map and legal description of the Oregon Coast2 al land with— 

3 (1) the Committee on Energy and Natural Re4 sources of the Senate; and 

5 (2) the Committee on Natural Resources of the 

6 House of Representatives. 

7 (b) FORCE AND EFFECT.—The map and legal de8 scription filed under subsection (a) shall have the same 

9 force and effect as if included in this Act, except that the 

10 Secretary of the Interior may correct any clerical or typo11 graphical errors in the map or legal description. 

12 (c) PUBLIC AVAILABILITY.—The map and legal de13 scription filed under subsection (a) shall be on file and 

14 available for public inspection in the Office of the Sec15 retary of the Interior. 

16 SEC. 398. ADMINISTRATION. 

17 (a) IN GENERAL.—Unless expressly provided in this 

18 part, nothing in this part affects any right or claim of 

19 the Consolidated Tribes existing on the date of enactment 

20 of this Act to any land or interest in land. 

21 (b) PROHIBITIONS.— 

22 (1) EXPORTS OF UNPROCESSED LOGS.—Fed23 eral law (including regulations) relating to the ex24 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 Oregon Coastal land. 

3 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

4 property taken into trust under section 396 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) FOREST MANAGEMENT.—Any forest management 

9 activity that is carried out on the Oregon Coastal land 

10 shall be managed in accordance with all applicable Federal 

11 laws. 

12 TITLE IV—COMMUNITY FOREST 

13 MANAGEMENT DEMONSTRATION 

14 SEC. 401. PURPOSE AND DEFINITIONS. 

15 (a) PURPOSE.—The purpose of this title is to gen16 erate dependable economic activity for counties and local 

17 governments by establishing a demonstration program for 

18 local, sustainable forest management. 

19 (b) DEFINITIONS.—In this title: 

20 (1) ADVISORY COMMITTEE.—The term ‘‘Advi21 sory Committee’’ means the Advisory Committee ap22 pointed by the Governor of a State for the commu23 nity forest demonstration area established for the 

24 State. 


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1 (2) COMMUNITY FOREST DEMONSTRATION

2 AREA.—The term ‘‘community forest demonstration 

3 area’’ means a community forest demonstration area 

4 established for a State under section 402. 

5 (3) NATIONAL FOREST SYSTEM.—The term 

6 ‘‘National Forest System’’ has the meaning given 

7 that term in section 11(a) of the Forest and Range8 land Renewable Resources Planning Act of 1974 (16 

9 U.S.C. 1609(a)), except that the term does not in10 clude the National Grasslands and land utilization 

11 projects designated as National Grasslands adminis12 tered pursuant to the Act of July 22, 1937 (7 

13 U.S.C. 1010–1012). 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Agriculture or the designee of the 

16 Secretary of Agriculture. 

17 (5) STATE.—The term ‘‘State’’ includes the 

18 Commonwealth of Puerto Rico. 

19 SEC. 402. ESTABLISHMENT OF COMMUNITY FOREST DEM20 ONSTRATION AREAS. 

21 (a) ESTABLISHMENT REQUIRED; TIME FOR ESTAB22 LISHMENT.—Subject to subsection (c) and not later than 

23 one year after the date of the enactment of this Act, the 

24 Secretary of Agriculture shall establish a community for25 est demonstration area at the request of the Advisory 


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1 Committee appointed to manage community forest dem2 onstration area land in that State. 

3 (b) COVERED LAND.— 

4 (1) INCLUSION OF NATIONAL FOREST SYSTEM

5 LAND.—The community forest demonstration areas 

6 of a State shall consist of the National Forest Sys7 tem land in the State identified for inclusion by the 

8 Advisory Committee of that State. 

9 (2) EXCLUSION OF CERTAIN LAND.—A commu10 nity forest demonstration area shall not include Na11 tional Forest System land— 

12 (A) that is a component of the National 

13 Wilderness Preservation System; 

14 (B) on which the removal of vegetation is 

15 specifically prohibited by Federal statute; 

16 (C) National Monuments; or 

17 (D) over which administration jurisdiction 

18 was first assumed by the Forest Service under 

19 title III. 

20 (c) CONDITIONS ON ESTABLISHMENT.— 

21 (1) ACREAGE REQUIREMENT.—A community 

22 forest demonstration area must include at least 

23 200,000 acres of National Forest System land. If 

24 the unit of the National Forest System in which a 

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1 lished contains more than 5,000,000 acres, the com2 munity forest demonstration area may include 

3 900,000 or more acres of National Forest System 

4 land. 

5 (2) MANAGEMENT LAW OR BEST MANAGEMENT

6 PRACTICES REQUIREMENT.—A community forest 

7 demonstration area may be established in a State 

8 only if the State— 

9 (A) has a forest practices law applicable to 

10 State or privately owned forest land in the 

11 State; or 

12 (B) has established silvicultural best man13 agement practices or other regulations for for14 est management practices related to clean 

15 water, soil quality, wildlife or forest health. 

16 (3) REVENUE SHARING REQUIREMENT.—As a 

17 condition of the inclusion in a community forest 

18 demonstration area of National Forest System land 

19 located in a particular county in a State, the county 

20 must enter into an agreement with the Governor of 

21 the State that requires that, in utilizing revenues re22 ceived by the county under section 406(b), the coun23 ty shall continue to meet any obligations under ap24 plicable State law as provided under title I of the 

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1 mination Act of 2000 (16 U.S.C. 7111 et seq.) or 

2 as provided in the sixth paragraph under the head3 ing ‘‘FOREST SERVICE’’ in the Act of May 23, 

4 1908 (16 U.S.C. 500) and section 13 of the Act of 

5 March 1, 1911 (16 U.S.C. 500). 

6 (d) TREATMENT UNDER CERTAIN OTHER LAWS.— 

7 National Forest System land included in a community for8 est demonstration area shall not be considered Federal 

9 land for purposes of— 

10 (1) making payments to counties under the 

11 sixth paragraph under the heading ‘‘FOREST 

12 SERVICE’’ in the Act of May 23, 1908 (16 U.S.C. 

13 500) and section 13 of the Act of March 1, 1911 

14 (16 U.S.C. 500); or 

15 (2) title I. 

16 (e) ACREAGE LIMITATION.—Not more than a total 

17 of 4,000,000 acres of National Forest System land may 

18 be established as community forest demonstration areas. 

19 (f) RECOGNITION OF VALID AND EXISTING

20 RIGHTS.—Nothing in this title shall be construed to limit 

21 or restrict— 

22 (1) access to National Forest System land in23 cluded in a community forest demonstration area for 

24 hunting, fishing, and other related purposes; or 


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1 (2) valid and existing rights regarding such Na2 tional Forest System land, including rights of any 

3 federally recognized Indian tribe. 

4 SEC. 403. ADVISORY COMMITTEE. 

5 (a) APPOINTMENT.—A community forest demonstra6 tion area for a State shall be managed by an Advisory 

7 Committee appointed by the Governor of the State. 

8 (b) COMPOSITION.—The Advisory Committee for a 

9 community forest demonstration area in a State shall in10 clude, but is not limited to, the following members: 

11 (1) One member who holds county or local 

12 elected office, appointed from each county or local 

13 governmental unit in the State containing commu14 nity forest demonstration area land. 

15 (2) One member who represents the commercial 

16 timber, wood products, or milling industry. 

17 (3) One member who represents persons hold18 ing Federal grazing or other land use permits. 

19 (4) One member who represents recreational 

20 users of National Forest System land. 

21 (c) TERMS.— 

22 (1) IN GENERAL.—Except in the case of certain 

23 initial appointments required by paragraph (2), 

24 members of an Advisory Committee shall serve for 

25 a term of three years. 


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1 (2) INITIAL APPOINTMENTS.—In making initial 

2 appointments to an Advisory Committee, the Gov3 ernor making the appointments shall stagger terms 

4 so that at least one-third of the members will be re5 placed every three years. 

6 (d) COMPENSATION.—Members of a Advisory Com7 mittee shall serve without pay, but may be reimbursed 

8 from the funds made available for the management of a 

9 community forest demonstration area for the actual and 

10 necessary travel and subsistence expenses incurred by 

11 members in the performance of their duties. 

12 SEC. 404. MANAGEMENT OF COMMUNITY FOREST DEM13 ONSTRATION AREAS. 

14 (a) ASSUMPTION OF MANAGEMENT.— 

15 (1) CONFIRMATION.—The Advisory Committee 

16 appointed for a community forest demonstration 

17 area shall assume all management authority with re18 gard to the community forest demonstration area as 

19 soon as the Secretary confirms that— 

20 (A) the National Forest System land to be 

21 included in the community forest demonstration 

22 area meets the requirements of subsections (b) 

23 and (c) of section 402; 


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1 (B) the Advisory Committee has been duly 

2 appointed under section 403 and is able to con3 duct business; and 

4 (C) provision has been made for essential 

5 management services for the community forest 

6 demonstration area. 

7 (2) SCOPE AND TIME FOR CONFIRMATION.— 

8 The determination of the Secretary under paragraph 

9 (1) is limited to confirming whether the conditions 

10 specified in subparagraphs (A) and (B) of such 

11 paragraph have been satisfied. The Secretary shall 

12 make the determination not later than 60 days after 

13 the date of the appointment of the Advisory Com14 mittee. 

15 (3) EFFECT OF FAILURE TO CONFIRM.—If the 

16 Secretary determines that either or both conditions 

17 specified in subparagraphs (A) and (B) of paragraph 

18 (1) are not satisfied for confirmation of an Advisory 

19 Committee, the Secretary shall— 

20 (A) promptly notify the Governor of the af21 fected State and the Advisory Committee of the 

22 reasons preventing confirmation; and 

23 (B) make a new determination under para24 graph (2) within 60 days after receiving a new 

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1 dresses the reasons that previously prevented 

2 confirmation. 

3 (b) MANAGEMENT RESPONSIBILITIES.—Upon as4 sumption of management of a community forest dem5 onstration area, the Advisory Committee for the commu6 nity forest demonstration area shall manage the land and 

7 resources of the community forest demonstration area and 

8 the occupancy and use thereof in conformity with this 

9 title, and to the extent not in conflict with this title, the 

10 laws and regulations applicable to management of State 

11 or privately-owned forest lands in the State in which the 

12 community forest demonstration area is located. 

13 (c) APPLICABILITY OF OTHER FEDERAL LAWS.— 

14 (1) IN GENERAL.—The administration and 

15 management of a community forest demonstration 

16 area, including implementing actions, shall not be 

17 considered Federal action and shall be subject to the 

18 following only to the extent that such laws apply to 

19 the State or private administration and management 

20 of forest lands in the State in which the community 

21 forest demonstration area is located: 

22 (A) The Federal Water Pollution Control 

23 Act (33 U.S.C. 1251 note). 

24 (B) The Clean Air Act (42 U.S.C. 7401 et 

25 seq.). 


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1 (C) The Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.). 

3 (D) Federal laws and regulations gov4 erning procurement by Federal agencies. 

5 (E) Except as provided in paragraph (2), 

6 other Federal laws. 

7 (2) APPLICABILITY OF NATIVE AMERICAN

8 GRAVES PROTECTION AND REPATRIATION ACT.— 

9 Notwithstanding the assumption by an Advisory 

10 Committee of management of a community forest 

11 demonstration area, the Native American Graves 

12 Protection and Repatriation Act (25 U.S.C. 3001 et 

13 seq.) shall continue to apply to the National Forest 

14 System land included in the community forest dem15 onstration area. 

16 (d) CONSULTATION.— 

17 (1) WITH INDIAN TRIBES.—The Advisory Com18 mittee for a community forest demonstration area 

19 shall cooperate and consult with Indian tribes on 

20 management policies and practices for the commu21 nity forest demonstration area that may affect the 

22 Indian tribes. The Advisory Committee shall take 

23 into consideration the use of lands within the com24 munity forest demonstration area for religious and 

25 cultural uses by Native Americans. 


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1 (2) WITH COLLABORATIVE GROUPS.—The Advi2 sory Committee for a community forest demonstra3 tion area shall consult with any applicable forest col4 laborative group. 

5 (e) RECREATION.—Nothing in this section shall af6 fect public use and recreation within a community forest 

7 demonstration area. 

8 (f) FIRE MANAGEMENT.—The Secretary shall pro9 vide fire presuppression, suppression, and rehabilitation 

10 services on and with respect to a community forest dem11 onstration area to the same extent generally authorized 

12 in other units of the National Forest System. 

13 (g) PROHIBITION ON EXPORT.—As a condition on 

14 the sale of timber or other forest products from a commu15 nity forest demonstration area, unprocessed timber har16 vested from a community forest demonstration area may 

17 not be exported in accordance with subpart F of part 223 

18 of title 36, Code of Federal Regulations. 

19 SEC. 405. DISTRIBUTION OF FUNDS FROM COMMUNITY 

20 FOREST DEMONSTRATION AREA. 

21 (a) RETENTION OF FUNDS FOR MANAGEMENT.—The 

22 Advisory Committee appointed for a community forest 

23 demonstration area may retain such sums as the Advisory 

24 Committee considers to be necessary from amounts gen25 erated from that community forest demonstration area to 


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1 fund the management, administration, restoration, oper2 ation and maintenance, improvement, repair, and related 

3 expenses incurred with respect to the community forest 

4 demonstration area. 

5 (b) FUNDS TO COUNTIES OR LOCAL GOVERNMENTAL

6 UNITS.—Subject to subsection (a) and section 407, the 

7 Advisory Committee for a community forest demonstra8 tion area in a State shall distribute funds generated from 

9 that community forest demonstration area to each county 

10 or local governmental unit in the State in an amount pro11 portional to the funds received by the county or local gov12 ernmental unit under title I of the Secure Rural Schools 

13 and Community Self-Determination Act of 2000 (16 

14 U.S.C. 7111 et seq.). 

15 SEC. 406. INITIAL FUNDING AUTHORITY. 

16 (a) FUNDING SOURCE.—Counties may use such sum 

17 as the counties consider to be necessary from the amounts 

18 made available to the counties under section 501 to pro19 vide initial funding for the management of community for20 est demonstration areas. 

21 (b) NO RESTRICTION ON USE OF NON-FEDERAL

22 FUNDS.—Nothing in this title restricts the Advisory Com23 mittee of a community forest demonstration area from 

24 seeking non-Federal loans or other non-Federal funds for 

25 management of the community forest demonstration area. 


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1 SEC. 407. PAYMENTS TO UNITED STATES TREASURY. 

2 (a) PAYMENT REQUIREMENT.—As soon as prac3 ticable after the end of the fiscal year in which a commu4 nity forest demonstration area is established and as soon 

5 as practicable after the end of each subsequent fiscal year, 

6 the Advisory Committee for a community forest dem7 onstration area shall make a payment to the United States 

8 Treasury. 

9 (b) PAYMENT AMOUNT.—The payment for a fiscal 

10 year under subsection (a) with respect to a community for11 est demonstration area shall be equal to 75 percent of the 

12 quotient obtained by dividing— 

13 (1) the number obtained by multiplying the 

14 number of acres of land in the community forest 

15 demonstration area by the average annual receipts 

16 generated over the preceding 10-fiscal year period 

17 from the unit or units of the National Forest Sys18 tem containing that community forest demonstration 

19 area; by 

20 (2) the total acres of National Forest System 

21 land in that unit or units of the National Forest 

22 System. 

23 SEC. 408. TERMINATION OF COMMUNITY FOREST DEM24 ONSTRATION AREA. 

25 (a) TERMINATION AUTHORITY.—Subject to approval 

26 by the Governor of the State, the Advisory Committee for 


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1 a community forest demonstration area may terminate the 

2 community forest demonstration area by a unanimous 

3 vote. 

4 (b) EFFECT OF TERMINATION.—Upon termination of 

5 a community forest demonstration area, the Secretary 

6 shall immediately resume management of the National 

7 Forest System land that had been included in the commu8 nity forest demonstration area, and the Advisory Com9 mittee shall be dissolved. 

10 (c) TREATMENT OF UNDISTRIBUTED FUNDS.—Any 

11 revenues from the terminated area that remain undistrib12 uted under section 405 more than 30 days after the date 

13 of termination shall be deposited in the general fund of 

14 the Treasury for use by the Forest Service in such 

15 amounts as may be provided in advance in appropriation 

16 Acts. 


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1 TITLE V—REAUTHORIZATION 

2 AND AMENDMENT OF EXIST3 ING AUTHORITIES AND 

4 OTHER MATTERS 

5 SEC. 501. EXTENSION OF SECURE RURAL SCHOOLS AND 

6 COMMUNITY SELF-DETERMINATION ACT OF 

7 2000 PENDING FULL OPERATION OF FOREST 

8 RESERVE REVENUE AREAS. 

9 (a) BENEFICIARY COUNTIES.—During the month of 

10 February 2015, the Secretary of Agriculture shall dis11 tribute to each beneficiary county (as defined in section 

12 102(2)) a payment equal to the amount distributed to the 

13 beneficiary county for fiscal year 2010 under section 

14 102(c)(1) of the Secure Rural Schools and Community 

15 Self-Determination Act of 2000 (16 U.S.C. 7112(c)(1)). 

16 (b) COUNTIES THAT WERE ELIGIBLE FOR DIRECT

17 COUNTY PAYMENTS.— 

18 (1) TOTAL AMOUNT AVAILABLE FOR PAY19 MENTS.—During the month of February 2015, the 

20 Secretary of the Interior shall distribute to all coun21 ties that received a payment for fiscal year 2010 

22 under subsection (a)(2) of section 102 of the Secure 

23 Rural Schools and Community Self-Determination 

24 Act of 2000 (16 U.S.C. 7112) payments in a total 

25 amount equal to the difference between— 


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1 (A) the total amount distributed to all 

2 such counties for fiscal year 2010 under sub3 section (c)(1) of such section; and 

4 (B) $27,000,000. 

5 (2) COUNTY SHARE.—From the total amount 

6 determined under paragraph (1), each county de7 scribed in such paragraph shall receive, during the 

8 month of February 2015, an amount that bears the 

9 same proportion to the total amount made available 

10 under such paragraph as that county’s payment for 

11 fiscal year 2010 under subsection (c)(1) of section 

12 102 of the Secure Rural Schools and Community 

13 Self-Determination Act of 2000 (16 U.S.C. 7112) 

14 bears to the total amount distributed to all such 

15 counties for fiscal year 2010 under such subsection. 

16 (c) EFFECT ON 25-PERCENT AND 50-PERCENT PAY17 MENTS.—A county that receives a payment made under 

18 subsection (a) or (b) may not receive a 25-percent pay19 ment or 50-percent payment (as those terms are defined 

20 in section 3 of the Secure Rural Schools and Community 

21 Self-Determination Act of 2000 (16 U.S.C. 7102)) for fis22 cal year 2015. 


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1 SEC. 502. RESTORING ORIGINAL CALCULATION METHOD 

2 FOR 25-PERCENT PAYMENTS. 

3 (a) AMENDMENT OF ACT OF MAY 23, 1908.—The 

4 sixth paragraph under the heading ‘‘FOREST SERV5 ICE’’ in the Act of May 23, 1908 (16 U.S.C. 500) is 

6 amended in the first sentence— 

7 (1) by striking ‘‘the annual average of 25 per8 cent of all amounts received for the applicable fiscal 

9 year and each of the preceding 6 fiscal years’’ and 

10 inserting ‘‘25 percent of all amounts received for the 

11 applicable fiscal year’’; 

12 (2) by striking ‘‘said reserve’’ both places it ap13 pears and inserting ‘‘the national forest’’; and 

14 (3) by striking ‘‘forest reserve’’ both places it 

15 appears and inserting ‘‘national forest’’. 

16 (b) CONFORMING AMENDMENT TO WEEKS LAW.— 

17 Section 13 of the Act of March 1, 1911 (commonly known 

18 as the Weeks Law; 16 U.S.C. 500) is amended in the first 

19 sentence by striking ‘‘the annual average of 25 percent 

20 of all amounts received for the applicable fiscal year and 

21 each of the preceding 6 fiscal years’’ and inserting ‘‘25 

22 percent of all amounts received for the applicable fiscal 

23 year’’. 


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1 SEC. 503. FOREST SERVICE AND BUREAU OF LAND MAN2 AGEMENT GOOD-NEIGHBOR COOPERATION 

3 WITH STATES TO REDUCE WILDFIRE RISKS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ELIGIBLE STATE.—The term ‘‘eligible 

6 State’’ means a State that contains National Forest 

7 System land or land under the jurisdiction of the 

8 Bureau of Land Management. 

9 (2) SECRETARY.—The term ‘‘Secretary’’ 

10 means— 

11 (A) the Secretary of Agriculture, with re12 spect to National Forest System land; or 

13 (B) the Secretary of the Interior, with re14 spect to land under the jurisdiction of the Bu15 reau of Land Management. 

16 (3) STATE FORESTER.—The term ‘‘State for17 ester’’ means the head of a State agency with juris18 diction over State forestry programs in an eligible 

19 State. 

20 (b) COOPERATIVE AGREEMENTS AND CONTRACTS

21 AUTHORIZED.—The Secretary may enter into a coopera22 tive agreement or contract (including a sole source con23 tract) with a State forester to authorize the State forester 

24 to provide the forest, rangeland, and watershed restora25 tion, management, and protection services described in 

26 subsection (c) on National Forest System land or land 


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1 under the jurisdiction of the Bureau of Land Manage2 ment, as applicable, in the eligible State. 

3 (c) AUTHORIZED SERVICES.—The forest, rangeland, 

4 and watershed restoration, management, and protection 

5 services referred to in subsection (b) include the conduct 

6 of— 

7 (1) activities to treat insect infected forests; 

8 (2) activities to reduce hazardous fuels; 

9 (3) activities involving commercial harvesting or 

10 other mechanical vegetative treatments; or 

11 (4) any other activities to restore or improve 

12 forest, rangeland, and watershed health, including 

13 fish and wildlife habitat. 

14 (d) STATE AS AGENT.—Except as provided in sub15 section (g), a cooperative agreement or contract entered 

16 into under subsection (b) may authorize the State forester 

17 to serve as the agent for the Secretary in providing the 

18 restoration, management, and protection services author19 ized under subsection (b). 

20 (e) SUBCONTRACTS.—In accordance with applicable 

21 contract procedures for the eligible State, a State forester 

22 may enter into subcontracts to provide the restoration, 

23 management, and protection services authorized under a 

24 cooperative agreement or contract entered into under sub25 section (b). 


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1 (f) TIMBER SALES.—Subsections (d) and (g) of sec2 tion 14 of the National Forest Management Act of 1976 

3 (16 U.S.C. 472a) shall not apply to services performed 

4 under a cooperative agreement or contract entered into 

5 under subsection (b). 

6 (g) RETENTION OF NEPA RESPONSIBILITIES.—Any 

7 decision required to be made under the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 

9 respect to any restoration, management, or protection 

10 services to be provided under this section by a State for11 ester on National Forest System land or Bureau of Land 

12 Management land, as applicable, shall not be delegated to 

13 a State forester or any other officer or employee of the 

14 eligible State. 

15 (h) APPLICABLE LAW.—The restoration, manage16 ment, and protection services to be provided under this 

17 section shall be carried out on a project-to-project basis 

18 under existing authorities of the Forest Service or Bureau 

19 of Land Management, as applicable. 

20 SEC. 504. STEWARDSHIP END RESULT CONTRACTING 

21 PROJECT AUTHORITY. 

22 (a) EXTENSION OF AUTHORITY.—Effective October 

23 1, 2014, section 347(a) of the Department of the Interior 

24 and Related Agencies Appropriations Act, 1999 (as con25 tained in section 101(e) of division A of Public Law 105– 


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1 277; 16 U.S.C. 2104 note) is amended by striking ‘‘2013’’ 

2 and inserting ‘‘2017’’. 

3 (b) DURATION OF CONTRACTS.—Section 347(c)(2) of 

4 the Department of the Interior and Related Agencies Ap5 propriations Act, 1999 (as contained in section 101(e) of 

6 division A of Public Law 105–277; 16 U.S.C. 2104 note) 

7 is amended by striking ‘‘10 years’’ and inserting ‘‘20 

8 years’’. 

9 (c) CANCELLATION CEILING.—Section 347(c) of the 

10 Department of the Interior and Related Agencies Appro11 priations Act, 1999 (as contained in section 101(e) of divi12 sion A of Public Law 105–277; 16 U.S.C. 2104 note) is 

13 amended— 

14 (1) by redesignating paragraphs (4) and (5) as 

15 paragraphs (6) and (7), respectively; and 

16 (2) by inserting after paragraph (3) the fol17 lowing new paragraph (4): 

18 ‘‘(4) CANCELLATION CEILING.— 

19 ‘‘(A) AUTHORITY.—The Chief of the For20 est Service and the Director of the Bureau of 

21 Land Management may obligate funds to cover 

22 any potential cancellation or termination costs 

23 for an agreement or contract under subsection 

24 (a) in stages that are economically or program25 matically viable. 


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1 ‘‘(B) NOTICE TO CONGRESS.—Not later 

2 than 30 days before entering into a multiyear 

3 agreement or contract under subsection (a) that 

4 includes a cancellation ceiling in excess of 

5 $25,000,000, but does not include proposed 

6 funding for the costs of cancelling the agree7 ment or contract up to the cancellation ceiling 

8 established in the agreement or contract, the 

9 Chief or the Director, as the case may be, shall 

10 submit to the Committee on Energy and Nat11 ural Resources of the Senate and the Com12 mittee on Natural Resources of the House of 

13 Representatives a written notice that includes— 

14 ‘‘(i) the cancellation ceiling amounts 

15 proposed for each program year in the 

16 agreement or contract and the reasons for 

17 such cancellation ceiling amounts; 

18 ‘‘(ii) the extent to which the costs of 

19 contract cancellation are not included in 

20 the budget for the agreement or contract; 

21 and 

22 ‘‘(iii) an assessment of the financial 

23 risk of not including budgeting for the 

24 costs of agreement or contract cancellation. 


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1 ‘‘(C) NOTICE TO OMB.—At least 14 days 

2 before the date on which the Chief or Director 

3 enters into an agreement or contract under sub4 section (a), the Chief or Director shall transmit 

5 to the Director of the Office of Management 

6 and Budget a copy of any written notice sub7 mitted under subparagraph (B) with regard to 

8 such agreement or contract.’’. 

9 (d) FIRE LIABILITY.—Section 347(c) of the Depart10 ment of the Interior and Related Agencies Appropriations 

11 Act, 1999 (as contained in section 101(e) of division A 

12 of Public Law 105–277; 16 U.S.C. 2104 note) is amended 

13 by inserting after paragraph (4), as added by subsection 

14 (c) of this section, the following new paragraph: 

15 ‘‘(5) FIRE LIABILITY PROVISIONS.—Not later 

16 than 90 days after the date of enactment of this 

17 paragraph, the Chief of the Forest Service and the 

18 Director of the Bureau of Land Management shall 

19 issue, for use in all contracts and agreements under 

20 subsection (a), fire liability provisions that are in 

21 substantially the same form as the fire liability pro22 visions contained in— 

23 ‘‘(A) integrated resource timber contracts, 

24 as described in the Forest Service contract 

25 numbered 2400–13, part H, section H.4; and 


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1 ‘‘(B) timber sale contracts conducted pur2 suant to section 14 of the National Forest 

3 Management Act of 1976 (16 U.S.C. 472a).’’. 

4 SEC. 505. CLARIFICATION OF NATIONAL FOREST MANAGE5 MENT ACT OF 1976 AUTHORITY. 

6 Section 14(g) of the National Forest Management 

7 Act of 1976 (16 U.S.C. 472a(g)) is amended by striking 

8 ‘‘Designation, marking when necessary,’’ and inserting 

9 ‘‘Designation, including marking when necessary, or des10 ignation by description or by prescription,’’. 

11 SEC. 506. TREATMENT AS SUPPLEMENTAL FUNDING. 

12 None of the funds made available to a beneficiary 

13 county (as defined in section 102(2)) or other political 

14 subdivision of a State under this Act shall be used in lieu 

15 of or to otherwise offset State funding sources for local 

16 schools, facilities, or educational purposes. 

17 SEC. 507. EXCEPTION OF CERTAIN FOREST PROJECTS AND 

18 ACTIVITIES FROM APPEALS REFORM ACT 

19 AND OTHER REVIEW. 

20 Section 322 of the Department of the Interior and 

21 Related Agencies Appropriations Act, 1993 (Public Law 

22 102–381; 16 U.S.C. 1612 note) and section 428 of Divi23 sion E of the Consolidated Appropriations Act, 2012 

24 (Public Law 112–74; 125 Stat. 1046; 16 U.S.C. 6515 

25 note) shall not apply to any project or activity impleVerDate Mar 15 2010 01:37 Sep 24, 2013 Jkt 029200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H1526.RFS H1526

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1 menting a land and resource management plan developed 

2 under section 6 of the Forest and Rangeland Renewable 

3 Resources Planning Act of 1974 (16 U.S.C. 1604) that 

4 is categorically excluded from documentation in an envi5 ronmental assessment or an environmental impact state6 ment under the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et seq.). 

8 SEC. 508. DEFINITION OF FIRE SUPPRESSION TO INCLUDE 

9 CERTAIN RELATED ACTIVITIES. 

10 For purposes of utilizing amounts made available to 

11 the Secretary of Agriculture or the Secretary of the Inte12 rior for fire suppression activities, including funds made 

13 available from the FLAME Fund, the term ‘‘fire suppres14 sion’’ includes reforestation, site rehabilitation, salvage op15 erations, and replanting occurring following fire damage 

16 on lands under the jurisdiction of the Secretary concerned 

17 or following fire suppression efforts on such lands by the 

18 Secretary concerned. 

19 SEC. 509. PROHIBITION ON CERTAIN ACTIONS REGARDING 

20 FOREST SERVICE ROADS AND TRAILS. 

21 The Forest Service shall not remove or otherwise 

22 eliminate or obliterate any legally created road or trail un23 less there has been a specific decision, which included ade24 quate and appropriate public involvement, to decommis25 sion the specific road or trail in question. The fact that 


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1 any road or trail is a not a Forest System road or trail, 

2 or does not appear on a Motor Vehicle Use Map, shall 

3 not constitute a decision. 

Passed the House of Representatives September 20, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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