I 

113TH CONGRESS 

2D SESSION H. R. 4 

To make revisions to Federal law to improve the conditions necessary for 

economic growth and job creation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2014 

Mr. CAMP (for himself, Mr. HASTINGS of Washington, Mr. ISSA, Mr. GOODLATTE, and Mr. HENSARLING) introduced the following bill; which was 

referred to the Committee on Ways and Means, and in addition to the 

Committees on the Budget, Oversight and Government Reform, Rules, 

the Judiciary, Financial Services, Agriculture, Natural Resources, and 

Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To make revisions to Federal law to improve the conditions 

necessary for economic growth and job creation, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jobs for America Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is as follows: 

Sec. 1. Short title. 


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Sec. 2. Table of contents. 

Sec. 3. PAYGO scorecard. 

DIVISION I—WAYS AND MEANS 

TITLE I—SAVE AMERICAN WORKERS 

Sec. 101. Short title. 

Sec. 102. Repeal of 30-hour threshold for classification as full-time employee 

for purposes of the employer mandate in the Patient Protection 

and Affordable Care Act and replacement with 40 hours. 

TITLE II—HIRE MORE HEROES 

Sec. 201. Short title. 

Sec. 202. Employees with health coverage under TRICARE or the Veterans 

Administration may be exempted from employer mandate 

under Patient Protection and Affordable Care Act. 

TITLE III—AMERICAN RESEARCH AND COMPETITIVENESS 

Sec. 301. Short title. 

Sec. 302. Research credit simplified and made permanent. 

Sec. 303. PAYGO Scorecard. 

TITLE IV—AMERICA’S SMALL BUSINESS TAX RELIEF 

Sec. 401. Short title. 

Sec. 402. Expensing certain depreciable business assets for small business. 

Sec. 403. Budgetary effects. 

TITLE V—S CORPORATION PERMANENT TAX RELIEF 

Sec. 501. Short title. 

Sec. 502. Reduced recognition period for built-in gains of S corporations made 

permanent. 

Sec. 503. Permanent rule regarding basis adjustment to stock of S corporations 

making charitable contributions of property. 

Sec. 504. Budgetary effects. 

TITLE VI—BONUS DEPRECIATION MODIFIED AND MADE 

PERMANENT 

Sec. 601. Bonus depreciation modified and made permanent. 

Sec. 602. Budgetary effects. 

TITLE VII—REPEAL OF MEDICAL DEVICE EXCISE TAX 

Sec. 701. Repeal of medical device excise tax. 

Sec. 702. Budgetary effects. 

DIVISION II—FINANCIAL SERVICES 

TITLE I—SMALL BUSINESS CAPITAL ACCESS AND JOB 

PRESERVATION 

Sec. 101. Short title. 

Sec. 102. Registration and reporting exemptions relating to private equity 

funds advisors. 


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TITLE II—SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, 

AND BROKERAGE SIMPLIFICATION 

Sec. 201. Short title. 

Sec. 202. Registration exemption for merger and acquisition brokers. 

Sec. 203. Effective date. 

DIVISION III—OVERSIGHT 

SUBDIVISION A—UNFUNDED MANDATES INFORMATION AND TRANSPARENCY

Sec. 101. Short title. 

Sec. 102. Purpose. 

Sec. 103. Providing for Congressional Budget Office studies on policies involving changes in conditions of grant aid. 

Sec. 104. Clarifying the definition of direct costs to reflect Congressional Budget Office practice. 

Sec. 105. Expanding the scope of reporting requirements to include regulations 

imposed by independent regulatory agencies. 

Sec. 106. Amendments to replace Office of Management and Budget with Office of Information and Regulatory Affairs. 

Sec. 107. Applying substantive point of order to private sector mandates. 

Sec. 108. Regulatory process and principles. 

Sec. 109. Expanding the scope of statements to accompany significant regulatory actions. 

Sec. 110. Enhanced stakeholder consultation. 

Sec. 111. New authorities and responsibilities for Office of Information and 

Regulatory Affairs. 

Sec. 112. Retrospective analysis of existing Federal regulations. 

Sec. 113. Expansion of judicial review. 

SUBDIVISION B—ACHIEVING LESS EXCESS IN REGULATION AND REQUIRING

TRANSPARENCY

Sec. 100. Short title; table of contents. 

TITLE I—ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT 

Sec. 101. Short title. 

Sec. 102. Office of Information and Regulatory Affairs publication of information relating to rules. 

TITLE II—REGULATORY ACCOUNTABILITY ACT 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Rule making. 

Sec. 204. Agency guidance; procedures to issue major guidance; presidential authority to issue guidelines for issuance of guidance. 

Sec. 205. Hearings; presiding employees; powers and duties; burden of proof; 

evidence; record as basis of decision. 

Sec. 206. Actions reviewable. 

Sec. 207. Scope of review. 

Sec. 208. Added definition. 

Sec. 209. Effective date. 

TITLE III—REGULATORY FLEXIBILITY IMPROVEMENTS ACT 


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Sec. 301. Short title. 

Sec. 302. Clarification and expansion of rules covered by the Regulatory Flexibility Act. 

Sec. 303. Expansion of report of regulatory agenda. 

Sec. 304. Requirements providing for more detailed analyses. 

Sec. 305. Repeal of waiver and delay authority; additional powers of the Chief 

Counsel for Advocacy. 

Sec. 306. Procedures for gathering comments. 

Sec. 307. Periodic review of rules. 

Sec. 308. Judicial review of compliance with the requirements of the Regulatory 

Flexibility Act available after publication of the final rule. 

Sec. 309. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act. 

Sec. 310. Establishment and approval of small business concern size standards 

by Chief Counsel for Advocacy. 

Sec. 311. Clerical amendments. 

Sec. 312. Agency preparation of guides. 

Sec. 313. Comptroller General report. 

TITLE IV—SUNSHINE FOR REGULATORY DECREES AND 

SETTLEMENTS ACT 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Consent decree and settlement reform. 

Sec. 404. Motions to modify consent decrees. 

Sec. 405. Effective date. 

DIVISION IV—JUDICIARY 

TITLE I—REGULATIONS FROM THE EXECUTIVE IN NEED OF 

SCRUTINY 

Sec. 101. Short title. 

Sec. 102. Purpose. 

Sec. 103. Congressional review of agency rulemaking. 

Sec. 104. Budgetary effects of rules subject to section 802 of title 5, United 

States Code. 

Sec. 105. Government Accountability Office study of rules. 

TITLE II—PERMANENT INTERNET TAX FREEDOM 

Sec. 201. Short title. 

Sec. 202. Permanent moratorium on Internet access taxes and multiple and 

discriminatory taxes on electronic commerce. 

DIVISION V—NATURAL RESOURCES 

SUBDIVISION A—RESTORING HEALTHY FORESTS FOR HEALTHY

COMMUNITIES

Sec. 100. Short title. 

TITLE I—RESTORING THE COMMITMENT TO RURAL COUNTIES 

AND SCHOOLS 

Sec. 101. Purposes. 

Sec. 102. Definitions. 


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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. 

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. 


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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. 

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. 


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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. Treatment as supplemental funding. 

Sec. 505. Definition of fire suppression to include certain related activities. 

Sec. 506. Prohibition on certain actions regarding Forest Service roads and 

trails. 

SUBDIVISION B—NATIONAL STRATEGIC AND CRITICAL MINERALS

PRODUCTION

Sec. 100. Short title. 

Sec. 100A. Findings. 

Sec. 100B. Definitions. 

TITLE I—DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC 

AND CRITICAL MINERALS 

Sec. 101. Improving development of strategic and critical minerals. 

Sec. 102. Responsibilities of the lead agency. 

Sec. 103. Conservation of the resource. 

Sec. 104. Federal register process for mineral exploration and mining projects. 

TITLE II—JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO 

EXPLORATION AND MINE PERMITS 

Sec. 201. Definitions for title. 

Sec. 202. Timely filings. 

Sec. 203. Right to intervene. 

Sec. 204. Expedition in hearing and determining the action. 

Sec. 205. Limitation on prospective relief. 

Sec. 206. Limitation on attorneys’ fees. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Secretarial order not affected. 

1 SEC. 3. PAYGO SCORECARD. 

2 The budgetary effects of this Act shall not be entered 

3 on either PAYGO scorecard maintained pursuant to sec4 tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 


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1 DIVISION I—WAYS AND MEANS 

2 TITLE I—SAVE AMERICAN 

3 WORKERS 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Save American Work6 ers Act of 2014’’. 

7 SEC. 102. REPEAL OF 30-HOUR THRESHOLD FOR CLASSI8 FICATION AS FULL-TIME EMPLOYEE FOR 

9 PURPOSES OF THE EMPLOYER MANDATE IN 

10 THE PATIENT PROTECTION AND AFFORD11 ABLE CARE ACT AND REPLACEMENT WITH 40 

12 HOURS. 

13 (a) FULL-TIME EQUIVALENTS.—Paragraph (2) of 

14 section 4980H(c) of the Internal Revenue Code of 1986 

15 is amended— 

16 (1) by repealing subparagraph (E), and 

17 (2) by inserting after subparagraph (D) the fol18 lowing new subparagraph: 

19 ‘‘(E) FULL-TIME EQUIVALENTS TREATED

20 AS FULL-TIME EMPLOYEES.—Solely for pur21 poses of determining whether an employer is an 

22 applicable large employer under this paragraph, 

23 an employer shall, in addition to the number of 

24 full-time employees for any month otherwise de25 termined, include for such month a number of 


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1 full-time employees determined by dividing the 

2 aggregate number of hours of service of employ3 ees who are not full-time employees for the 

4 month by 174.’’. 

5 (b) FULL-TIME EMPLOYEES.—Paragraph (4) of sec6 tion 4980H(c) of the Internal Revenue Code of 1986 is 

7 amended— 

8 (1) by repealing subparagraph (A), and 

9 (2) by inserting before subparagraph (B) the 

10 following new subparagraph: 

11 ‘‘(A) IN GENERAL.—The term ‘full-time 

12 employee’ means, with respect to any month, an 

13 employee who is employed on average at least 

14 40 hours of service per week.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to months beginning after Decem17 ber 31, 2013. 

18 TITLE II—HIRE MORE HEROES 

19 SEC. 201. SHORT TITLE. 

20 This title may be cited as the ‘‘Hire More Heroes Act 

21 of 2014’’. 


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1 SEC. 202. EMPLOYEES WITH HEALTH COVERAGE UNDER 

2 TRICARE OR THE VETERANS ADMINISTRA3 TION MAY BE EXEMPTED FROM EMPLOYER 

4 MANDATE UNDER PATIENT PROTECTION AND 

5 AFFORDABLE CARE ACT. 

6 (a) IN GENERAL.—Section 4980H(c)(2) of the Inter7 nal Revenue Code of 1986 is amended by adding at the 

8 end the following: 

9 ‘‘(F) EXEMPTION FOR HEALTH COVERAGE

10 UNDER TRICARE OR THE VETERANS ADMINIS11 TRATION.—Solely for purposes of determining 

12 whether an employer is an applicable large em13 ployer under this paragraph for any month, an 

14 employer may elect not to take into account for 

15 a month as an employee any individual who, for 

16 such month, has medical coverage under— 

17 ‘‘(i) chapter 55 of title 10, United 

18 States Code, including coverage under the 

19 TRICARE program, or 

20 ‘‘(ii) under a health care program 

21 under chapter 17 or 18 of title 38, United 

22 States Code, as determined by the Sec23 retary of Veterans Affairs, in coordination 

24 with the Secretary of Health and Human 

25 Services and the Secretary.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply to months beginning after De3 cember 31, 2013. 

4 TITLE III—AMERICAN RE5 SEARCH AND COMPETITIVE6 NESS 

7 SEC. 301. SHORT TITLE. 

8 This title may be cited as the ‘‘American Research 

9 and Competitiveness Act of 2014’’. 

10 SEC. 302. RESEARCH CREDIT SIMPLIFIED AND MADE PER11 MANENT. 

12 (a) IN GENERAL.—Subsection (a) of section 41 of the 

13 Internal Revenue Code of 1986 is amended to read as fol14 lows: 

15 ‘‘(a) IN GENERAL.—For purposes of section 38, the 

16 research credit determined under this section for the tax17 able year shall be an amount equal to the sum of— 

18 ‘‘(1) 20 percent of so much of the qualified re19 search expenses for the taxable year as exceeds 50 

20 percent of the average qualified research expenses 

21 for the 3 taxable years preceding the taxable year 

22 for which the credit is being determined, 

23 ‘‘(2) 20 percent of so much of the basic re24 search payments for the taxable year as exceeds 50 

25 percent of the average basic research payments for 


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1 the 3 taxable years preceding the taxable year for 

2 which the credit is being determined, plus 

3 ‘‘(3) 20 percent of the amounts paid or in4 curred by the taxpayer in carrying on any trade or 

5 business of the taxpayer during the taxable year (in6 cluding as contributions) to an energy research con7 sortium for energy research.’’. 

8 (b) REPEAL OF TERMINATION.—Section 41 of such 

9 Code is amended by striking subsection (h). 

10 (c) CONFORMING AMENDMENTS.— 

11 (1) Subsection (c) of section 41 of such Code 

12 is amended to read as follows: 

13 ‘‘(c) DETERMINATION OF AVERAGE RESEARCH EX14 PENSES FOR PRIOR YEARS.— 

15 ‘‘(1) SPECIAL RULE IN CASE OF NO QUALIFIED

16 RESEARCH EXPENDITURES IN ANY OF 3 PRECEDING

17 TAXABLE YEARS.—In any case in which the taxpayer 

18 has no qualified research expenses in any one of the 

19 3 taxable years preceding the taxable year for which 

20 the credit is being determined, the amount deter21 mined under subsection (a)(1) for such taxable year 

22 shall be equal to 10 percent of the qualified research 

23 expenses for the taxable year. 

24 ‘‘(2) CONSISTENT TREATMENT OF EX25 PENSES.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding 

2 whether the period for filing a claim for credit 

3 or refund has expired for any taxable year 

4 taken into account in determining the average 

5 qualified research expenses, or average basic re6 search payments, taken into account under sub7 section (a), the qualified research expenses and 

8 basic research payments taken into account in 

9 determining such averages shall be determined 

10 on a basis consistent with the determination of 

11 qualified research expenses and basic research 

12 payments, respectively, for the credit year. 

13 ‘‘(B) PREVENTION OF DISTORTIONS.—The 

14 Secretary may prescribe regulations to prevent 

15 distortions in calculating a taxpayer’s qualified 

16 research expenses or basic research payments 

17 caused by a change in accounting methods used 

18 by such taxpayer between the current year and 

19 a year taken into account in determining the 

20 average qualified research expenses or average 

21 basic research payments taken into account 

22 under subsection (a).’’. 

23 (2) Section 41(e) of such Code is amended— 

24 (A) by striking all that precedes paragraph 

25 (6) and inserting the following: 


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1 ‘‘(e) BASIC RESEARCH PAYMENTS.—For purposes of 

2 this section— 

3 ‘‘(1) IN GENERAL.—The term ‘basic research 

4 payment’ means, with respect to any taxable year, 

5 any amount paid in cash during such taxable year 

6 by a corporation to any qualified organization for 

7 basic research but only if— 

8 ‘‘(A) such payment is pursuant to a writ9 ten agreement between such corporation and 

10 such qualified organization, and 

11 ‘‘(B) such basic research is to be per12 formed by such qualified organization. 

13 ‘‘(2) EXCEPTION TO REQUIREMENT THAT RE14 SEARCH BE PERFORMED BY THE ORGANIZATION.— 

15 In the case of a qualified organization described in 

16 subparagraph (C) or (D) of paragraph (3), subpara17 graph (B) of paragraph (1) shall not apply.’’, 

18 (B) by redesignating paragraphs (6) and 

19 (7) as paragraphs (3) and (4), respectively, and 

20 (C) in paragraph (4) as so redesignated, 

21 by striking subparagraphs (B) and (C) and by 

22 redesignating subparagraphs (D) and (E) as 

23 subparagraphs (B) and (C), respectively. 

24 (3) Section 41(f)(3) of such Code is amended— 


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1 (A)(i) by striking ‘‘, and the gross re2 ceipts’’ in subparagraph (A)(i) and all that fol3 lows through ‘‘determined under clause (iii)’’, 

4 (ii) by striking clause (iii) of subparagraph 

5 (A) and redesignating clauses (iv), (v), and (vi), 

6 thereof, as clauses (iii), (iv), and (v), respec7 tively, 

8 (iii) by striking ‘‘and (iv)’’ each place it 

9 appears in subparagraph (A)(iv) (as so redesig10 nated) and inserting ‘‘and (iii)’’, 

11 (iv) by striking subclause (IV) of subpara12 graph (A)(iv) (as so redesignated), by striking 

13 ‘‘, and’’ at the end of subparagraph (A)(iv)(III) 

14 (as so redesignated) and inserting a period, and 

15 by adding ‘‘and’’ at the end of subparagraph 

16 (A)(iv)(II) (as so redesignated), 

17 (v) by striking ‘‘(A)(vi)’’ in subparagraph 

18 (B) and inserting ‘‘(A)(v)’’, and 

19 (vi) by striking ‘‘(A)(iv)(II)’’ in subpara20 graph (B)(i)(II) and inserting ‘‘(A)(iii)(II)’’, 

21 (B) by striking ‘‘, and the gross receipts of 

22 the predecessor,’’ in subparagraph (A)(iv)(II) 

23 (as so redesignated), 

24 (C) by striking ‘‘, and the gross receipts 

25 of,’’ in subparagraph (B), 


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1 (D) by striking ‘‘, or gross receipts of,’’ in 

2 subparagraph (B)(i)(I), and 

3 (E) by striking subparagraph (C). 

4 (4) Section 45C(b)(1) of such Code is amended 

5 by striking subparagraph (D). 

6 (d) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the amendments made by this section 

9 shall apply to taxable years beginning after Decem10 ber 31, 2013. 

11 (2) SUBSECTION (b).—The amendment made 

12 by subsection (b) shall apply to amounts paid or in13 curred after December 31, 2013. 

14 SEC. 303. PAYGO SCORECARD. 

15 (a) PAYGO SCORECARD.—The budgetary effects of 

16 this title shall not be entered on either PAYGO scorecard 

17 maintained pursuant to section 4(d) of the Statutory Pay18 As-You-Go Act of 2010. 

19 (b) SENATE PAYGO SCORECARD.—The budgetary ef20 fects of this title shall not be entered on any PAYGO 

21 scorecard maintained for purposes of section 201 of S. 

22 Con. Res. 21 (110th Congress). 


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1 TITLE IV—AMERICA’S SMALL 

2 BUSINESS TAX RELIEF 

3 SEC. 401. SHORT TITLE. 

4 This title may be cited as the ‘‘America’s Small Busi5 ness Tax Relief Act of 2014’’. 

6 SEC. 402. EXPENSING CERTAIN DEPRECIABLE BUSINESS 

7 ASSETS FOR SMALL BUSINESS. 

8 (a) IN GENERAL.— 

9 (1) DOLLAR LIMITATION.—Paragraph (1) of 

10 section 179(b) of the Internal Revenue Code of 1986 

11 is amended by striking ‘‘shall not exceed—’’ and all 

12 that follows and inserting ‘‘shall not exceed 

13 $500,000.’’. 

14 (2) REDUCTION IN LIMITATION.—Paragraph 

15 (2) of section 179(b) of such Code is amended by 

16 striking ‘‘exceeds—’’ and all that follows and insert17 ing ‘‘exceeds $2,000,000.’’. 

18 (b) COMPUTER SOFTWARE.—Clause (ii) of section 

19 179(d)(1)(A) of such Code is amended by striking ‘‘, to 

20 which section 167 applies, and which is placed in service 

21 in a taxable year beginning after 2002 and before 2014’’ 

22 and inserting ‘‘and to which section 167 applies’’. 

23 (c) ELECTION.—Paragraph (2) of section 179(c) of 

24 such Code is amended— 


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1 (1) by striking ‘‘may not be revoked’’ and all 

2 that follows through ‘‘and before 2014’’, and 

3 (2) by striking ‘‘IRREVOCABLE’’ in the heading 

4 thereof. 

5 (d) AIR CONDITIONING AND HEATING UNITS.— 

6 Paragraph (1) of section 179(d) of such Code is amended 

7 by striking ‘‘and shall not include air conditioning or heat8 ing units’’. 

9 (e) QUALIFIED REAL PROPERTY.—Subsection (f) of 

10 section 179 of such Code is amended— 

11 (1) by striking ‘‘beginning in 2010, 2011, 2012, 

12 or 2013’’ in paragraph (1), and 

13 (2) by striking paragraphs (3) and (4). 

14 (f) INFLATION ADJUSTMENT.—Subsection (b) of sec15 tion 179 of such Code is amended by adding at the end 

16 the following new paragraph: 

17 ‘‘(6) INFLATION ADJUSTMENT.— 

18 ‘‘(A) IN GENERAL.—In the case of any 

19 taxable year beginning after 2014, the dollar 

20 amounts in paragraphs (1) and (2) shall each 

21 be increased by an amount equal to— 

22 ‘‘(i) such dollar amount, multiplied by 

23 ‘‘(ii) the cost-of-living adjustment de24 termined under section 1(f)(3) for the cal25 endar year in which such taxable year beVerDate Sep 11 2014 01:40 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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1 gins, determined by substituting ‘calendar 

2 year 2013’ for ‘calendar year 1992’ in sub3 paragraph (B) thereof. 

4 ‘‘(B) ROUNDING.—The amount of any in5 crease under subparagraph (A) shall be round6 ed to the nearest multiple of $10,000.’’. 

7 (g) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to taxable years beginning after 

9 December 31, 2013. 

10 SEC. 403. BUDGETARY EFFECTS. 

11 (a) STATUTORY PAY-AS-YOU-GO SCORECARDS.—The 

12 budgetary effects of this title shall not be entered on either 

13 PAYGO scorecard maintained pursuant to section 4(d) of 

14 the Statutory Pay-As-You-Go Act of 2010. 

15 (b) SENATE PAYGO SCORECARDS.—The budgetary 

16 effects of this title shall not be entered on any PAYGO 

17 scorecard maintained for purposes of section 201 of S. 

18 Con. Res. 21 (110th Congress). 

19 TITLE V—S CORPORATION 

20 PERMANENT TAX RELIEF 

21 SEC. 501. SHORT TITLE. 

22 This title may be cited as the ‘‘S Corporation Perma23 nent Tax Relief Act of 2014’’. 


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1 SEC. 502. REDUCED RECOGNITION PERIOD FOR BUILT-IN 

2 GAINS OF S CORPORATIONS MADE PERMA3 NENT. 

4 (a) IN GENERAL.—Paragraph (7) of section 1374(d) 

5 of the Internal Revenue Code of 1986 is amended to read 

6 as follows: 

7 ‘‘(7) RECOGNITION PERIOD.— 

8 ‘‘(A) IN GENERAL.—The term ‘recognition 

9 period’ means the 5-year period beginning with 

10 the 1st day of the 1st taxable year for which 

11 the corporation was an S corporation. For pur12 poses of applying this section to any amount in13 cludible in income by reason of distributions to 

14 shareholders pursuant to section 593(e), the 

15 preceding sentence shall be applied without re16 gard to the phrase ‘5-year’. 

17 ‘‘(B) INSTALLMENT SALES.—If an S cor18 poration sells an asset and reports the income 

19 from the sale using the installment method 

20 under section 453, the treatment of all pay21 ments received shall be governed by the provi22 sions of this paragraph applicable to the taxable 

23 year in which such sale was made.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 this section shall apply to taxable years beginning after 

26 December 31, 2013. 


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1 SEC. 503. PERMANENT RULE REGARDING BASIS ADJUST2 MENT TO STOCK OF S CORPORATIONS MAK3 ING CHARITABLE CONTRIBUTIONS OF PROP4 ERTY. 

5 (a) IN GENERAL.—Section 1367(a)(2) of the Internal 

6 Revenue Code of 1986 is amended by striking the last sen7 tence. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 this section shall apply to contributions made in taxable 

10 years beginning after December 31, 2013. 

11 SEC. 504. BUDGETARY EFFECTS. 

12 (a) STATUTORY PAY-AS-YOU-GO SCORECARDS.—The 

13 budgetary effects of this title shall not be entered on either 

14 PAYGO scorecard maintained pursuant to section 4(d) of 

15 the Statutory Pay-As-You-Go Act of 2010. 

16 (b) SENATE PAYGO SCORECARDS.—The budgetary 

17 effects of this title shall not be entered on any PAYGO 

18 scorecard maintained for purposes of section 201 of S. 

19 Con. Res. 21 (110th Congress). 

20 TITLE VI—BONUS DEPRECIA21 TION MODIFIED AND MADE 

22 PERMANENT 

23 SEC. 601. BONUS DEPRECIATION MODIFIED AND MADE 

24 PERMANENT. 

25 (a) MADE PERMANENT; INCLUSION OF QUALIFIED

26 RETAIL IMPROVEMENT PROPERTY.—Section 168(k)(2) of 


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1 the Internal Revenue Code of 1986 is amended to read 

2 as follows: 

3 ‘‘(2) QUALIFIED PROPERTY.—For purposes of 

4 this subsection— 

5 ‘‘(A) IN GENERAL.—The term ‘qualified 

6 property’ means property— 

7 ‘‘(i)(I) to which this section applies 

8 which has a recovery period of 20 years or 

9 less, 

10 ‘‘(II) which is computer software (as 

11 defined in section 167(f)(1)(B)) for which 

12 a deduction is allowable under section 

13 167(a) without regard to this subsection, 

14 ‘‘(III) which is water utility property, 

15 ‘‘(IV) which is qualified leasehold im16 provement property, or 

17 ‘‘(V) which is qualified retail improve18 ment property, and 

19 ‘‘(ii) the original use of which com20 mences with the taxpayer. 

21 ‘‘(B) EXCEPTION FOR ALTERNATIVE DE22 PRECIATION PROPERTY.—The term ‘qualified 

23 property’ shall not include any property to 

24 which the alternative depreciation system under 

25 subsection (g) applies, determined— 


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1 ‘‘(i) without regard to paragraph (7) 

2 of subsection (g) (relating to election to 

3 have system apply), and 

4 ‘‘(ii) after application of section 

5 280F(b) (relating to listed property with 

6 limited business use). 

7 ‘‘(C) SPECIAL RULES.— 

8 ‘‘(i) SALE-LEASEBACKS.—For pur9 poses of clause (ii) and subparagraph 

10 (A)(ii), if property is— 

11 ‘‘(I) originally placed in service 

12 by a person, and 

13 ‘‘(II) sold and leased back by 

14 such person within 3 months after the 

15 date such property was originally 

16 placed in service, 

17 such property shall be treated as originally 

18 placed in service not earlier than the date 

19 on which such property is used under the 

20 leaseback referred to in subclause (II). 

21 ‘‘(ii) SYNDICATION.—For purposes of 

22 subparagraph (A)(ii), if— 

23 ‘‘(I) property is originally placed 

24 in service by the lessor of such prop25 erty, 


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1 ‘‘(II) such property is sold by 

2 such lessor or any subsequent pur3 chaser within 3 months after the date 

4 such property was originally placed in 

5 service (or, in the case of multiple 

6 units of property subject to the same 

7 lease, within 3 months after the date 

8 the final unit is placed in service, so 

9 long as the period between the time 

10 the first unit is placed in service and 

11 the time the last unit is placed in 

12 service does not exceed 12 months), 

13 and 

14 ‘‘(III) the user of such property 

15 after the last sale during such 3- 

16 month period remains the same as 

17 when such property was originally 

18 placed in service, 

19 such property shall be treated as originally 

20 placed in service not earlier than the date 

21 of such last sale. 

22 ‘‘(D) COORDINATION WITH SECTION

23 280F.—For purposes of section 280F— 

24 ‘‘(i) AUTOMOBILES.—In the case of a 

25 passenger automobile (as defined in section 


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1 280F(d)(5)) which is qualified property, 

2 the Secretary shall increase the limitation 

3 under section 280F(a)(1)(A)(i) by $8,000. 

4 ‘‘(ii) LISTED PROPERTY.—The deduc5 tion allowable under paragraph (1) shall be 

6 taken into account in computing any re7 capture amount under section 280F(b)(2). 

8 ‘‘(iii) INFLATION ADJUSTMENT.—In 

9 the case of any taxable year beginning in 

10 a calendar year after 2014, the $8,000 

11 amount in clause (i) shall be increased by 

12 an amount equal to— 

13 ‘‘(I) such dollar amount, multi14 plied by 

15 ‘‘(II) the automobile price infla16 tion adjustment determined under sec17 tion 280F(d)(7)(B)(i) for the calendar 

18 year in which such taxable year begins 

19 by substituting ‘2013’ for ‘1987’ in 

20 subclause (II) thereof. 

21 If any increase under the preceding sen22 tence is not a multiple of $100, such in23 crease shall be rounded to the nearest mul24 tiple of $100. 


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1 ‘‘(E) DEDUCTION ALLOWED IN COMPUTING

2 MINIMUM TAX.—For purposes of determining 

3 alternative minimum taxable income under sec4 tion 55, the deduction under section 167 for 

5 qualified property shall be determined without 

6 regard to any adjustment under section 56.’’. 

7 (b) EXPANSION OF ELECTION TO ACCELERATE AMT

8 CREDITS IN LIEU OF BONUS DEPRECIATION.—Section 

9 168(k)(4) of such Code is amended to read as follows: 

10 ‘‘(4) ELECTION TO ACCELERATE AMT CREDITS

11 IN LIEU OF BONUS DEPRECIATION.— 

12 ‘‘(A) IN GENERAL.—If a corporation elects 

13 to have this paragraph apply for any taxable 

14 year— 

15 ‘‘(i) paragraphs (1)(A), (2)(D)(i), and 

16 (5)(A)(i) shall not apply for such taxable 

17 year, 

18 ‘‘(ii) the applicable depreciation meth19 od used under this section with respect to 

20 any qualified property shall be the straight 

21 line method, and 

22 ‘‘(iii) the limitation imposed by section 

23 53(c) for such taxable year shall be in24 creased by the bonus depreciation amount 


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1 which is determined for such taxable year 

2 under subparagraph (B). 

3 ‘‘(B) BONUS DEPRECIATION AMOUNT.— 

4 For purposes of this paragraph— 

5 ‘‘(i) IN GENERAL.—The bonus depre6 ciation amount for any taxable year is an 

7 amount equal to 20 percent of the excess 

8 (if any) of— 

9 ‘‘(I) the aggregate amount of de10 preciation which would be allowed 

11 under this section for qualified prop12 erty placed in service by the taxpayer 

13 during such taxable year if paragraph 

14 (1) applied to all such property, over 

15 ‘‘(II) the aggregate amount of 

16 depreciation which would be allowed 

17 under this section for qualified prop18 erty placed in service by the taxpayer 

19 during such taxable year if paragraph 

20 (1) did not apply to any such prop21 erty. 

22 The aggregate amounts determined under 

23 subclauses (I) and (II) shall be determined 

24 without regard to any election made under 

25 subsection (b)(2)(D), (b)(3)(D), or (g)(7) 


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1 and without regard to subparagraph 

2 (A)(ii). 

3 ‘‘(ii) LIMITATION.—The bonus depre4 ciation amount for any taxable year shall 

5 not exceed the lesser of— 

6 ‘‘(I) 50 percent of the minimum 

7 tax credit under section 53(b) for the 

8 first taxable year ending after Decem9 ber 31, 2013, or 

10 ‘‘(II) the minimum tax credit 

11 under section 53(b) for such taxable 

12 year determined by taking into ac13 count only the adjusted net minimum 

14 tax for taxable years ending before 

15 January 1, 2014 (determined by 

16 treating credits as allowed on a first17 in, first-out basis). 

18 ‘‘(iii) AGGREGATION RULE.—All cor19 porations which are treated as a single em20 ployer under section 52(a) shall be treat21 ed— 

22 ‘‘(I) as 1 taxpayer for purposes 

23 of this paragraph, and 


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1 ‘‘(II) as having elected the appli2 cation of this paragraph if any such 

3 corporation so elects. 

4 ‘‘(C) CREDIT REFUNDABLE.—For pur5 poses of section 6401(b), the aggregate increase 

6 in the credits allowable under part IV of sub7 chapter A for any taxable year resulting from 

8 the application of this paragraph shall be treat9 ed as allowed under subpart C of such part 

10 (and not any other subpart). 

11 ‘‘(D) OTHER RULES.— 

12 ‘‘(i) ELECTION.—Any election under 

13 this paragraph may be revoked only with 

14 the consent of the Secretary. 

15 ‘‘(ii) PARTNERSHIPS WITH ELECTING

16 PARTNERS.—In the case of a corporation 

17 which is a partner in a partnership and 

18 which makes an election under subpara19 graph (A) for the taxable year, for pur20 poses of determining such corporation’s 

21 distributive share of partnership items 

22 under section 702 for such taxable year— 

23 ‘‘(I) paragraphs (1)(A), 

24 (2)(D)(i), and (5)(A)(i) shall not 

25 apply, and 


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1 ‘‘(II) the applicable depreciation 

2 method used under this section with 

3 respect to any qualified property shall 

4 be the straight line method. 

5 ‘‘(iii) CERTAIN PARTNERSHIPS.—In 

6 the case of a partnership in which more 

7 than 50 percent of the capital and profits 

8 interests are owned (directly or indirectly) 

9 at all times during the taxable year by 1 

10 corporation (or by corporations treated as 

11 1 taxpayer under subparagraph (B)(iii)), 

12 each partner shall compute its bonus de13 preciation amount under clause (i) of sub14 paragraph (B) by taking into account its 

15 distributive share of the amounts deter16 mined by the partnership under subclauses 

17 (I) and (II) of such clause for the taxable 

18 year of the partnership ending with or 

19 within the taxable year of the partner.’’. 

20 (c) SPECIAL RULES FOR TREES AND VINES BEARING

21 FRUITS AND NUTS.—Section 168(k) of such Code is 

22 amended— 

23 (1) by striking paragraph (5), and 

24 (2) by inserting after paragraph (4) the fol25 lowing new paragraph: 


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1 ‘‘(5) SPECIAL RULES FOR TREES AND VINES

2 BEARING FRUITS AND NUTS.— 

3 ‘‘(A) IN GENERAL.—In the case of any 

4 tree or vine bearing fruits or nuts which is 

5 planted, or is grafted to a plant that has al6 ready been planted, by the taxpayer in the ordi7 nary course of the taxpayer’s farming business 

8 (as defined in section 263A(e)(4))— 

9 ‘‘(i) a depreciation deduction equal to 

10 50 percent of the adjusted basis of such 

11 tree or vine shall be allowed under section 

12 167(a) for the taxable year in which such 

13 tree or vine is so planted or grafted, and 

14 ‘‘(ii) the adjusted basis of such tree or 

15 vine shall be reduced by the amount of 

16 such deduction. 

17 ‘‘(B) ELECTION OUT.—If a taxpayer 

18 makes an election under this subparagraph for 

19 any taxable year, this paragraph shall not apply 

20 to any tree or vine planted or grafted during 

21 such taxable year. An election under this sub22 paragraph may be revoked only with the con23 sent of the Secretary. 

24 ‘‘(C) ADDITIONAL DEPRECIATION MAY BE

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1 plies to any tree or vine, such tree or vine shall 

2 not be treated as qualified property in the tax3 able year in which placed in service. 

4 ‘‘(D) COORDINATION WITH ELECTION TO

5 ACCELERATE AMT CREDITS.—If a corporation 

6 makes an election under paragraph (4) for any 

7 taxable year, the amount under paragraph 

8 (4)(B)(i)(I) for such taxable year shall be in9 creased by the amount determined under sub10 paragraph (A)(i) for such taxable year. 

11 ‘‘(E) DEDUCTION ALLOWED IN COMPUTING

12 MINIMUM TAX.—Rules similar to the rules of 

13 paragraph (2)(E) shall apply for purposes of 

14 this paragraph.’’. 

15 (d) CONFORMING AMENDMENTS.— 

16 (1) Section 168(e)(8) of such Code is amended 

17 by striking subparagraph (D). 

18 (2) Section 168(k) of such Code is amended by 

19 adding at the end the following new paragraph: 

20 ‘‘(6) ELECTION OUT.—If a taxpayer makes an 

21 election under this paragraph with respect to any 

22 class of property for any taxable year, this sub23 section shall not apply to all property in such class 

24 placed in service (or, in the case of paragraph (5), 

25 planted or grafted) during such taxable year. An 


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1 election under this paragraph may be revoked only 

2 with the consent of the Secretary.’’. 

3 (3) Section 168(l)(5) of such Code is amended 

4 by striking ‘‘section 168(k)(2)(G)’’ and inserting 

5 ‘‘section 168(k)(2)(E)’’. 

6 (4) Section 263A(c) of such Code is amended 

7 by adding at the end the following new paragraph: 

8 ‘‘(7) COORDINATION WITH SECTION

9 168(k)(5).—This section shall not apply to any 

10 amount allowable as a deduction by reason of section 

11 168(k)(5) (relating to special rules for trees and 

12 vines bearing fruits and nuts).’’. 

13 (5) Section 460(c)(6)(B) of such Code is 

14 amended by striking ‘‘which—’’ and all that follows 

15 and inserting ‘‘which has a recovery period of 7 

16 years or less.’’. 

17 (6) Section 168(k) of such Code is amended by 

18 striking ‘‘ACQUIRED AFTER DECEMBER 31, 2007, 

19 AND BEFORE JANUARY 1, 2014’’ in the heading 

20 thereof. 

21 (e) EFFECTIVE DATES.— 

22 (1) IN GENERAL.—Except as otherwise pro23 vided in this subsection, the amendments made by 

24 this section shall apply to property placed in service 

25 after December 31, 2013. 


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1 (2) EXPANSION OF ELECTION TO ACCELERATE

2 AMT CREDITS IN LIEU OF BONUS DEPRECIATION.— 

3 (A) IN GENERAL.—The amendment made 

4 by subsection (b) (other than so much of such 

5 amendment as relates to section 

6 168(k)(4)(D)(iii) of such Code, as added by 

7 such amendment) shall apply to taxable years 

8 ending after December 31, 2013. 

9 (B) TRANSITIONAL RULE.—In the case of 

10 a taxable year beginning before January 1, 

11 2014, and ending after December 31, 2013, the 

12 bonus depreciation amount determined under 

13 section 168(k)(4) of such Code for such year 

14 shall be the sum of— 

15 (i) such amount determined without 

16 regard to the amendments made by this 

17 section and— 

18 (I) by taking into account only 

19 property placed in service before Jan20 uary 1, 2014, and 

21 (II) by multiplying the limitation 

22 under section 168(k)(4)(C)(ii) of such 

23 Code (determined without regard to 

24 the amendments made by this section) 

25 by a fraction the numerator of which 


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1 is the number of days in the taxable 

2 year before January 1, 2014, and the 

3 denominator of which is the number 

4 of days in the taxable year, and 

5 (ii) such amount determined after 

6 taking into account the amendments made 

7 by this section and— 

8 (I) by taking into account only 

9 property placed in service after De10 cember 31, 2013, and 

11 (II) by multiplying the limitation 

12 under section 168(k)(4)(B)(ii) of such 

13 Code (as amended by this section) by 

14 a fraction the numerator of which is 

15 the number of days in the taxable 

16 year after December 31, 2013, and 

17 the denominator of which is the num18 ber of days in the taxable year. 

19 (3) SPECIAL RULES FOR CERTAIN TREES AND

20 VINES.—The amendment made by subsection (c)(2) 

21 shall apply to trees and vines planted or grafted 

22 after December 31, 2013. 

23 SEC. 602. BUDGETARY EFFECTS. 

24 (a) STATUTORY PAY-AS-YOU-GO SCORECARDS.—The 

25 budgetary effects of this title shall not be entered on either 


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1 PAYGO scorecard maintained pursuant to section 4(d) of 

2 the Statutory Pay-As-You-Go Act of 2010. 

3 (b) SENATE PAYGO SCORECARDS.—The budgetary 

4 effects of this title shall not be entered on any PAYGO 

5 scorecard maintained for purposes of section 201 of S. 

6 Con. Res. 21 (110th Congress). 

7 TITLE VII—REPEAL OF MEDICAL 

8 DEVICE EXCISE TAX 

9 SEC. 701. REPEAL OF MEDICAL DEVICE EXCISE TAX. 

10 (a) IN GENERAL.—Chapter 32 of the Internal Rev11 enue Code of 1986 is amended by striking subchapter E. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) Subsection (a) of section 4221 of such Code 

14 is amended by striking the last sentence. 

15 (2) Paragraph (2) of section 6416(b) of such 

16 Code is amended by striking the last sentence. 

17 (3) The table of subchapters for chapter 32 of 

18 such Code is amended by striking the item relating 

19 to subchapter E. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to sales after December 31, 2012. 

22 SEC. 702. BUDGETARY EFFECTS. 

23 (a) STATUTORY PAY-AS-YOU-GO SCORECARDS.—The 

24 budgetary effects of this title shall not be entered on either 


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1 PAYGO scorecard maintained pursuant to section 4(d) of 

2 the Statutory Pay-As-You-Go Act of 2010. 

3 (b) SENATE PAYGO SCORECARDS.—The budgetary 

4 effects of this title shall not be entered on any PAYGO 

5 scorecard maintained for purposes of section 201 of S. 

6 Con. Res. 21 (110th Congress). 

7 DIVISION II—FINANCIAL 

8 SERVICES 

9 TITLE I—SMALL BUSINESS CAP10 ITAL ACCESS AND JOB PRES11 ERVATION 

12 SEC. 101. SHORT TITLE. 

13 This title may be cited as the ‘‘Small Business Cap14 ital Access and Job Preservation Act’’. 

15 SEC. 102. REGISTRATION AND REPORTING EXEMPTIONS 

16 RELATING TO PRIVATE EQUITY FUNDS ADVI17 SORS. 

18 Section 203 of the Investment Advisers Act of 1940 

19 (15 U.S.C. 80b–3) is amended by adding at the end the 

20 following: 

21 ‘‘(o) EXEMPTION OF AND REPORTING REQUIRE22 MENTS BY PRIVATE EQUITY FUNDS ADVISORS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in this 

24 subsection, no investment adviser shall be subject to 

25 the registration or reporting requirements of this 


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1 title with respect to the provision of investment ad2 vice relating to a private equity fund or funds, pro3 vided that each such fund has not borrowed and 

4 does not have outstanding a principal amount in ex5 cess of twice its invested capital commitments. 

6 ‘‘(2) MAINTENANCE OF RECORDS AND ACCESS

7 BY COMMISSION.—Not later than 6 months after the 

8 date of enactment of this subsection, the Commis9 sion shall issue final rules— 

10 ‘‘(A) to require investment advisers de11 scribed in paragraph (1) to maintain such 

12 records and provide to the Commission such an13 nual or other reports as the Commission may 

14 require taking into account fund size, govern15 ance, investment strategy, risk, and other fac16 tors, as the Commission determines necessary 

17 and appropriate in the public interest and for 

18 the protection of investors; and 

19 ‘‘(B) to define the term ‘private equity 

20 fund’ for purposes of this subsection.’’. 


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1 TITLE II—SMALL BUSINESS 

2 MERGERS, ACQUISITIONS, 

3 SALES, AND BROKERAGE SIM4 PLIFICATION 

5 SEC. 201. SHORT TITLE. 

6 This title may be cited as the ‘‘Small Business Merg7 ers, Acquisitions, Sales, and Brokerage Simplification Act 

8 of 2014’’. 

9 SEC. 202. REGISTRATION EXEMPTION FOR MERGER AND 

10 ACQUISITION BROKERS. 

11 Section 15(b) of the Securities Exchange Act of 1934 

12 (15 U.S.C. 78o(b)) is amended by adding at the end the 

13 following: 

14 ‘‘(13) REGISTRATION EXEMPTION FOR MERGER

15 AND ACQUISITION BROKERS.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), an M&A broker shall be ex18 empt from registration under this section. 

19 ‘‘(B) EXCLUDED ACTIVITIES.—An M&A 

20 broker is not exempt from registration under 

21 this paragraph if such broker does any of the 

22 following: 

23 ‘‘(i) Directly or indirectly, in connec24 tion with the transfer of ownership of an 

25 eligible privately held company, receives, 


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1 holds, transmits, or has custody of the 

2 funds or securities to be exchanged by the 

3 parties to the transaction. 

4 ‘‘(ii) Engages on behalf of an issuer in 

5 a public offering of any class of securities 

6 that is registered, or is required to be reg7 istered, with the Commission under section 

8 12 or with respect to which the issuer files, 

9 or is required to file, periodic information, 

10 documents, and reports under subsection 

11 (d). 

12 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

13 in this paragraph shall be construed to limit 

14 any other authority of the Commission to ex15 empt any person, or any class of persons, from 

16 any provision of this title, or from any provision 

17 of any rule or regulation thereunder. 

18 ‘‘(D) DEFINITIONS.—In this paragraph: 

19 ‘‘(i) CONTROL.—The term ‘control’ 

20 means the power, directly or indirectly, to 

21 direct the management or policies of a 

22 company, whether through ownership of 

23 securities, by contract, or otherwise. There 

24 is a presumption of control for any person 

25 who— 


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1 ‘‘(I) is a director, general part2 ner, member or manager of a limited 

3 liability company, or officer exercising 

4 executive responsibility (or has similar 

5 status or functions); 

6 ‘‘(II) has the right to vote 20 

7 percent or more of a class of voting 

8 securities or the power to sell or direct 

9 the sale of 20 percent or more of a 

10 class of voting securities; or 

11 ‘‘(III) in the case of a partner12 ship or limited liability company, has 

13 the right to receive upon dissolution, 

14 or has contributed, 20 percent or 

15 more of the capital. 

16 ‘‘(ii) ELIGIBLE PRIVATELY HELD

17 COMPANY.—The term ‘eligible privately 

18 held company’ means a company that 

19 meets both of the following conditions: 

20 ‘‘(I) The company does not have 

21 any class of securities registered, or 

22 required to be registered, with the 

23 Commission under section 12 or with 

24 respect to which the company files, or 

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1 tion, documents, and reports under 

2 subsection (d). 

3 ‘‘(II) In the fiscal year ending 

4 immediately before the fiscal year in 

5 which the services of the M&A broker 

6 are initially engaged with respect to 

7 the securities transaction, the com8 pany meets either or both of the fol9 lowing conditions (determined in ac10 cordance with the historical financial 

11 accounting records of the company): 

12 ‘‘(aa) The earnings of the 

13 company before interest, taxes, 

14 depreciation, and amortization 

15 are less than $25,000,000. 

16 ‘‘(bb) The gross revenues of 

17 the company are less than 

18 $250,000,000. 

19 ‘‘(iii) M&A BROKER.—The term ‘M&A 

20 broker’ means a broker, and any person 

21 associated with a broker, engaged in the 

22 business of effecting securities transactions 

23 solely in connection with the transfer of 

24 ownership of an eligible privately held com25 pany, regardless of whether the broker acts 


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1 on behalf of a seller or buyer, through the 

2 purchase, sale, exchange, issuance, repur3 chase, or redemption of, or a business com4 bination involving, securities or assets of 

5 the eligible privately held company, if the 

6 broker reasonably believes that— 

7 ‘‘(I) upon consummation of the 

8 transaction, any person acquiring se9 curities or assets of the eligible pri10 vately held company, acting alone or 

11 in concert, will control and, directly or 

12 indirectly, will be active in the man13 agement of the eligible privately held 

14 company or the business conducted 

15 with the assets of the eligible privately 

16 held company; and 

17 ‘‘(II) if any person is offered se18 curities in exchange for securities or 

19 assets of the eligible privately held 

20 company, such person will, prior to 

21 becoming legally bound to consum22 mate the transaction, receive or have 

23 reasonable access to the most recent 

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1 cial position, and statement of owner’s 

2 equity of the issuer of the securities 

3 offered in exchange, and, if the finan4 cial statements of the issuer are au5 dited, the related report of the inde6 pendent auditor, a balance sheet 

7 dated not more than 120 days before 

8 the date of the offer, and information 

9 pertaining to the management, busi10 ness, results of operations for the pe11 riod covered by the foregoing financial 

12 statements, and material loss contin13 gencies of the issuer. 

14 ‘‘(E) INFLATION ADJUSTMENT.— 

15 ‘‘(i) IN GENERAL.—On the date that 

16 is 5 years after the date of the enactment 

17 of the Small Business Mergers, Acquisi18 tions, Sales, and Brokerage Simplification 

19 Act of 2014, and every 5 years thereafter, 

20 each dollar amount in subparagraph 

21 (D)(ii)(II) shall be adjusted by— 

22 ‘‘(I) dividing the annual value of 

23 the Employment Cost Index For 

24 Wages and Salaries, Private Industry 

25 Workers (or any successor index), as 


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1 published by the Bureau of Labor 

2 Statistics, for the calendar year pre3 ceding the calendar year in which the 

4 adjustment is being made by the an5 nual value of such index (or suc6 cessor) for the calendar year ending 

7 December 31, 2012; and 

8 ‘‘(II) multiplying such dollar 

9 amount by the quotient obtained 

10 under subclause (I). 

11 ‘‘(ii) ROUNDING.—Each dollar 

12 amount determined under clause (i) shall 

13 be rounded to the nearest multiple of 

14 $100,000.’’. 

15 SEC. 203. EFFECTIVE DATE. 

16 This title and any amendment made by this title shall 

17 take effect on the date that is 90 days after the date of 

18 the enactment of this Act. 

19 DIVISION III—OVERSIGHT 

20 SUBDIVISION A—UNFUNDED 

21 MANDATES INFORMATION 

22 AND TRANSPARENCY 

23 SEC. 101. SHORT TITLE. 

24 This subdivision may be cited as the ‘‘Unfunded 

25 Mandates Information and Transparency Act of 2014’’. 


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1 SEC. 102. PURPOSE. 

2 The purpose of this title is— 

3 (1) to improve the quality of the deliberations 

4 of Congress with respect to proposed Federal man5 dates by— 

6 (A) providing Congress and the public with 

7 more complete information about the effects of 

8 such mandates; and 

9 (B) ensuring that Congress acts on such 

10 mandates only after focused deliberation on 

11 their effects; and 

12 (2) to enhance the ability of Congress and the 

13 public to identify Federal mandates that may impose 

14 undue harm on consumers, workers, employers, 

15 small businesses, and State, local, and tribal govern16 ments. 

17 SEC. 103. PROVIDING FOR CONGRESSIONAL BUDGET OF18 FICE STUDIES ON POLICIES INVOLVING 

19 CHANGES IN CONDITIONS OF GRANT AID. 

20 Section 202(g) of the Congressional Budget Act of 

21 1974 (2 U.S.C. 602(g)) is amended by adding at the end 

22 the following new paragraph: 

23 ‘‘(3) ADDITIONAL STUDIES.—At the request of 

24 any Chairman or ranking member of the minority of 

25 a Committee of the Senate or the House of Rep26 resentatives, the Director shall conduct an assessVerDate Sep 11 2014 01:40 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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1 ment comparing the authorized level of funding in a 

2 bill or resolution to the prospective costs of carrying 

3 out any changes to a condition of Federal assistance 

4 being imposed on State, local, or tribal governments 

5 participating in the Federal assistance program con6 cerned or, in the case of a bill or joint resolution 

7 that authorizes such sums as are necessary, an as8 sessment of an estimated level of funding compared 

9 to such costs.’’. 

10 SEC. 104. CLARIFYING THE DEFINITION OF DIRECT COSTS 

11 TO REFLECT CONGRESSIONAL BUDGET OF12 FICE PRACTICE. 

13 Section 421(3) of the Congressional Budget Act of 

14 1974 (2 U.S.C. 658(3)(A)(i)) is amended— 

15 (1) in subparagraph (A)(i), by inserting ‘‘incur 

16 or’’ before ‘‘be required’’; and 

17 (2) in subparagraph (B), by inserting after ‘‘to 

18 spend’’ the following: ‘‘or could forgo in profits, in19 cluding costs passed on to consumers or other enti20 ties taking into account, to the extent practicable, 

21 behavioral changes,’’. 


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1 SEC. 105. EXPANDING THE SCOPE OF REPORTING RE2 QUIREMENTS TO INCLUDE REGULATIONS IM3 POSED BY INDEPENDENT REGULATORY 

4 AGENCIES. 

5 Paragraph (1) of section 421 of the Congressional 

6 Budget Act of 1974 (2 U.S.C. 658) is amended by striking 

7 ‘‘, but does not include independent regulatory agencies’’ 

8 and inserting ‘‘, except it does not include the Board of 

9 Governors of the Federal Reserve System or the Federal 

10 Open Market Committee’’. 

11 SEC. 106. AMENDMENTS TO REPLACE OFFICE OF MANAGE12 MENT AND BUDGET WITH OFFICE OF INFOR13 MATION AND REGULATORY AFFAIRS. 

14 The Unfunded Mandates Reform Act of 1995 (Public 

15 Law 104–4; 2 U.S.C. 1511 et seq.) is amended— 

16 (1) in section 103(c) (2 U.S.C. 1511(c))— 

17 (A) in the subsection heading, by striking 

18 ‘‘OFFICE OF MANAGEMENT AND BUDGET’’ and 

19 inserting ‘‘OFFICE OF INFORMATION AND REG20 ULATORY AFFAIRS’’; and 

21 (B) by striking ‘‘Director of the Office of 

22 Management and Budget’’ and inserting ‘‘Ad23 ministrator of the Office of Information and 

24 Regulatory Affairs’’; 

25 (2) in section 205(c) (2 U.S.C. 1535(c))— 


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1 (A) in the subsection heading, by striking 

2 ‘‘OMB’’; and 

3 (B) by striking ‘‘Director of the Office of 

4 Management and Budget’’ and inserting ‘‘Ad5 ministrator of the Office of Information and 

6 Regulatory Affairs’’; and 

7 (3) in section 206 (2 U.S.C. 1536), by striking 

8 ‘‘Director of the Office of Management and Budget’’ 

9 and inserting ‘‘Administrator of the Office of Infor10 mation and Regulatory Affairs’’. 

11 SEC. 107. APPLYING SUBSTANTIVE POINT OF ORDER TO 

12 PRIVATE SECTOR MANDATES. 

13 Section 425(a)(2) of the Congressional Budget Act 

14 of 1974 (2 U.S.C. 658d(a)(2)) is amended— 

15 (1) by striking ‘‘Federal intergovernmental 

16 mandates’’ and inserting ‘‘Federal mandates’’; and 

17 (2) by inserting ‘‘or 424(b)(1)’’ after ‘‘section 

18 424(a)(1)’’. 

19 SEC. 108. REGULATORY PROCESS AND PRINCIPLES. 

20 Section 201 of the Unfunded Mandates Reform Act 

21 of 1995 (2 U.S.C. 1531) is amended to read as follows: 

22 ‘‘SEC. 201. REGULATORY PROCESS AND PRINCIPLES. 

23 ‘‘(a) IN GENERAL.—Each agency shall, unless other24 wise expressly prohibited by law, assess the effects of Fed25 eral regulatory actions on State, local, and tribal governVerDate Sep 11 2014 01:40 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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1 ments and the private sector (other than to the extent that 

2 such regulatory actions incorporate requirements specifi3 cally set forth in law) in accordance with the following 

4 principles: 

5 ‘‘(1) Each agency shall identify the problem 

6 that it intends to address (including, if applicable, 

7 the failures of private markets or public institutions 

8 that warrant new agency action) as well as assess 

9 the significance of that problem. 

10 ‘‘(2) Each agency shall examine whether exist11 ing regulations (or other law) have created, or con12 tributed to, the problem that a new regulation is in13 tended to correct and whether those regulations (or 

14 other law) should be modified to achieve the in15 tended goal of regulation more effectively. 

16 ‘‘(3) Each agency shall identify and assess 

17 available alternatives to direct regulation, including 

18 providing economic incentives to encourage the de19 sired behavior, such as user fees or marketable per20 mits, or providing information upon which choices 

21 can be made by the public. 

22 ‘‘(4) If an agency determines that a regulation 

23 is the best available method of achieving the regu24 latory objective, it shall design its regulations in the 

25 most cost-effective manner to achieve the regulatory 


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1 objective. In doing so, each agency shall consider in2 centives for innovation, consistency, predictability, 

3 the costs of enforcement and compliance (to the gov4 ernment, regulated entities, and the public), flexi5 bility, distributive impacts, and equity. 

6 ‘‘(5) Each agency shall assess both the costs 

7 and the benefits of the intended regulation and, rec8 ognizing that some costs and benefits are difficult to 

9 quantify, propose or adopt a regulation, unless ex10 pressly prohibited by law, only upon a reasoned de11 termination that the benefits of the intended regula12 tion justify its costs. 

13 ‘‘(6) Each agency shall base its decisions on the 

14 best reasonably obtainable scientific, technical, eco15 nomic, and other information concerning the need 

16 for, and consequences of, the intended regulation. 

17 ‘‘(7) Each agency shall identify and assess al18 ternative forms of regulation and shall, to the extent 

19 feasible, specify performance objectives, rather than 

20 specifying the behavior or manner of compliance 

21 that regulated entities must adopt. 

22 ‘‘(8) Each agency shall avoid regulations that 

23 are inconsistent, incompatible, or duplicative with its 

24 other regulations or those of other Federal agencies. 


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1 ‘‘(9) Each agency shall tailor its regulations to 

2 minimize the costs of the cumulative impact of regu3 lations. 

4 ‘‘(10) Each agency shall draft its regulations to 

5 be simple and easy to understand, with the goal of 

6 minimizing the potential for uncertainty and litiga7 tion arising from such uncertainty. 

8 ‘‘(b) REGULATORY ACTION DEFINED.—In this sec9 tion, the term ‘regulatory action’ means any substantive 

10 action by an agency (normally published in the Federal 

11 Register) that promulgates or is expected to lead to the 

12 promulgation of a final rule or regulation, including ad13 vance notices of proposed rulemaking and notices of pro14 posed rulemaking.’’. 

15 SEC. 109. EXPANDING THE SCOPE OF STATEMENTS TO AC16 COMPANY SIGNIFICANT REGULATORY AC17 TIONS. 

18 (a) IN GENERAL.—Subsection (a) of section 202 of 

19 the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 

20 1532) is amended to read as follows: 

21 ‘‘(a) IN GENERAL.—Unless otherwise expressly pro22 hibited by law, before promulgating any general notice of 

23 proposed rulemaking or any final rule, or within six 

24 months after promulgating any final rule that was not pre25 ceded by a general notice of proposed rulemaking, if the 


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1 proposed rulemaking or final rule includes a Federal man2 date that may result in an annual effect on State, local, 

3 or tribal governments, or to the private sector, in the ag4 gregate of $100,000,000 or more in any 1 year, the agency 

5 shall prepare a written statement containing the following: 

6 ‘‘(1) The text of the draft proposed rulemaking 

7 or final rule, together with a reasonably detailed de8 scription of the need for the proposed rulemaking or 

9 final rule and an explanation of how the proposed 

10 rulemaking or final rule will meet that need. 

11 ‘‘(2) An assessment of the potential costs and 

12 benefits of the proposed rulemaking or final rule, in13 cluding an explanation of the manner in which the 

14 proposed rulemaking or final rule is consistent with 

15 a statutory requirement and avoids undue inter16 ference with State, local, and tribal governments in 

17 the exercise of their governmental functions. 

18 ‘‘(3) A qualitative and quantitative assessment, 

19 including the underlying analysis, of benefits antici20 pated from the proposed rulemaking or final rule 

21 (such as the promotion of the efficient functioning of 

22 the economy and private markets, the enhancement 

23 of health and safety, the protection of the natural 

24 environment, and the elimination or reduction of dis25 crimination or bias). 


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1 ‘‘(4) A qualitative and quantitative assessment, 

2 including the underlying analysis, of costs antici3 pated from the proposed rulemaking or final rule 

4 (such as the direct costs both to the Government in 

5 administering the final rule and to businesses and 

6 others in complying with the final rule, and any ad7 verse effects on the efficient functioning of the econ8 omy, private markets (including productivity, em9 ployment, and international competitiveness), health, 

10 safety, and the natural environment). 

11 ‘‘(5) Estimates by the agency, if and to the ex12 tent that the agency determines that accurate esti13 mates are reasonably feasible, of— 

14 ‘‘(A) the future compliance costs of the 

15 Federal mandate; and 

16 ‘‘(B) any disproportionate budgetary ef17 fects of the Federal mandate upon any par18 ticular regions of the Nation or particular 

19 State, local, or tribal governments, urban or 

20 rural or other types of communities, or par21 ticular segments of the private sector. 

22 ‘‘(6)(A) A detailed description of the extent of 

23 the agency’s prior consultation with the private sec24 tor and elected representatives (under section 204) 

25 of the affected State, local, and tribal governments. 


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1 ‘‘(B) A detailed summary of the comments and 

2 concerns that were presented by the private sector 

3 and State, local, or tribal governments either orally 

4 or in writing to the agency. 

5 ‘‘(C) A detailed summary of the agency’s eval6 uation of those comments and concerns. 

7 ‘‘(7) A detailed summary of how the agency 

8 complied with each of the regulatory principles de9 scribed in section 201.’’. 

10 (b) REQUIREMENT FOR DETAILED SUMMARY.—Sub11 section (b) of section 202 of such Act is amended by in12 serting ‘‘detailed’’ before ‘‘summary’’. 

13 SEC. 110. ENHANCED STAKEHOLDER CONSULTATION. 

14 Section 204 of the Unfunded Mandates Reform Act 

15 of 1995 (2 U.S.C. 1534) is amended— 

16 (1) in the section heading, by inserting ‘‘AND

17 PRIVATE SECTOR’’ before ‘‘INPUT’’; 

18 (2) in subsection (a)— 

19 (A) by inserting ‘‘, and impacted parties 

20 within the private sector (including small busi21 ness),’’ after ‘‘on their behalf)’’; 

22 (B) by striking ‘‘Federal intergovernmental 

23 mandates’’ and inserting ‘‘Federal mandates’’; 

24 and 


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1 (3) by amending subsection (c) to read as fol2 lows: 

3 ‘‘(c) GUIDELINES.—For appropriate implementation 

4 of subsections (a) and (b) consistent with applicable laws 

5 and regulations, the following guidelines shall be followed: 

6 ‘‘(1) Consultations shall take place as early as 

7 possible, before issuance of a notice of proposed rule8 making, continue through the final rule stage, and 

9 be integrated explicitly into the rulemaking process. 

10 ‘‘(2) Agencies shall consult with a wide variety 

11 of State, local, and tribal officials and impacted par12 ties within the private sector (including small busi13 nesses). Geographic, political, and other factors that 

14 may differentiate varying points of view should be 

15 considered. 

16 ‘‘(3) Agencies should estimate benefits and 

17 costs to assist with these consultations. The scope of 

18 the consultation should reflect the cost and signifi19 cance of the Federal mandate being considered. 

20 ‘‘(4) Agencies shall, to the extent practicable— 

21 ‘‘(A) seek out the views of State, local, and 

22 tribal governments, and impacted parties within 

23 the private sector (including small business), on 

24 costs, benefits, and risks; and 


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1 ‘‘(B) solicit ideas about alternative meth2 ods of compliance and potential flexibilities, and 

3 input on whether the Federal regulation will 

4 harmonize with and not duplicate similar laws 

5 in other levels of government. 

6 ‘‘(5) Consultations shall address the cumulative 

7 impact of regulations on the affected entities. 

8 ‘‘(6) Agencies may accept electronic submis9 sions of comments by relevant parties but may not 

10 use those comments as the sole method of satisfying 

11 the guidelines in this subsection.’’. 

12 SEC. 111. NEW AUTHORITIES AND RESPONSIBILITIES FOR 

13 OFFICE OF INFORMATION AND REGULATORY 

14 AFFAIRS. 

15 Section 208 of the Unfunded Mandates Reform Act 

16 of 1995 (2 U.S.C. 1538) is amended to read as follows: 

17 ‘‘SEC. 208. OFFICE OF INFORMATION AND REGULATORY AF18 FAIRS RESPONSIBILITIES. 

19 ‘‘(a) IN GENERAL.—The Administrator of the Office 

20 of Information and Regulatory Affairs shall provide mean21 ingful guidance and oversight so that each agency’s regu22 lations for which a written statement is required under 

23 section 202 are consistent with the principles and require24 ments of this title, as well as other applicable laws, and 

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1 cy. If the Administrator determines that an agency’s regu2 lations for which a written statement is required under 

3 section 202 do not comply with such principles and re4 quirements, are not consistent with other applicable laws, 

5 or conflict with the policies or actions of another agency, 

6 the Administrator shall identify areas of non-compliance, 

7 notify the agency, and request that the agency comply be8 fore the agency finalizes the regulation concerned. 

9 ‘‘(b) ANNUAL STATEMENTS TO CONGRESS ON AGEN10 CY COMPLIANCE.—The Director of the Office of Informa11 tion and Regulatory Affairs annually shall submit to Con12 gress, including the Committee on Homeland Security and 

13 Governmental Affairs of the Senate and the Committee 

14 on Oversight and Government Reform of the House of 

15 Representatives, a written report detailing compliance by 

16 each agency with the requirements of this title that relate 

17 to regulations for which a written statement is required 

18 by section 202, including activities undertaken at the re19 quest of the Director to improve compliance, during the 

20 preceding reporting period. The report shall also contain 

21 an appendix detailing compliance by each agency with sec22 tion 204.’’. 


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1 SEC. 112. RETROSPECTIVE ANALYSIS OF EXISTING FED2 ERAL REGULATIONS. 

3 The Unfunded Mandates Reform Act of 1995 (Public 

4 Law 104–4; 2 U.S.C. 1511 et seq.) is amended— 

5 (1) by redesignating section 209 as section 210; 

6 and 

7 (2) by inserting after section 208 the following 

8 new section 209: 

9 ‘‘SEC. 209. RETROSPECTIVE ANALYSIS OF EXISTING FED10 ERAL REGULATIONS. 

11 ‘‘(a) REQUIREMENT.—At the request of the chairman 

12 or ranking minority member of a standing or select com13 mittee of the House of Representatives or the Senate, an 

14 agency shall conduct a retrospective analysis of an existing 

15 Federal regulation promulgated by an agency. 

16 ‘‘(b) REPORT.—Each agency conducting a retrospec17 tive analysis of existing Federal regulations pursuant to 

18 subsection (a) shall submit to the chairman of the relevant 

19 committee, Congress, and the Comptroller General a re20 port containing, with respect to each Federal regulation 

21 covered by the analysis— 

22 ‘‘(1) a copy of the Federal regulation; 

23 ‘‘(2) the continued need for the Federal regula24 tion; 


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1 ‘‘(3) the nature of comments or complaints re2 ceived concerning the Federal regulation from the 

3 public since the Federal regulation was promulgated; 

4 ‘‘(4) the extent to which the Federal regulation 

5 overlaps, duplicates, or conflicts with other Federal 

6 regulations, and, to the extent feasible, with State 

7 and local governmental rules; 

8 ‘‘(5) the degree to which technology, economic 

9 conditions, or other factors have changed in the area 

10 affected by the Federal regulation; 

11 ‘‘(6) a complete analysis of the retrospective di12 rect costs and benefits of the Federal regulation that 

13 considers studies done outside the Federal Govern14 ment (if any) estimating such costs or benefits; and 

15 ‘‘(7) any litigation history challenging the Fed16 eral regulation.’’. 

17 SEC. 113. EXPANSION OF JUDICIAL REVIEW. 

18 Section 401(a) of the Unfunded Mandates Reform 

19 Act of 1995 (2 U.S.C. 1571(a)) is amended— 

20 (1) in paragraphs (1) and (2)(A)— 

21 (A) by striking ‘‘sections 202 and 

22 203(a)(1) and (2)’’ each place it appears and 

23 inserting ‘‘sections 201, 202, 203(a)(1) and (2), 

24 and 205(a) and (b)’’; and 


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1 (B) by striking ‘‘only’’ each place it ap2 pears; 

3 (2) in paragraph (2)(B), by striking ‘‘section 

4 202’’ and all that follows through the period at the 

5 end and inserting the following: ‘‘section 202, pre6 pare the written plan under section 203(a)(1) and 

7 (2), or comply with section 205(a) and (b), a court 

8 may compel the agency to prepare such written 

9 statement, prepare such written plan, or comply with 

10 such section.’’; and 

11 (3) in paragraph (3), by striking ‘‘written state12 ment or plan is required’’ and all that follows 

13 through ‘‘shall not’’ and inserting the following: 

14 ‘‘written statement under section 202, a written plan 

15 under section 203(a)(1) and (2), or compliance with 

16 sections 201 and 205(a) and (b) is required, the in17 adequacy or failure to prepare such statement (in18 cluding the inadequacy or failure to prepare any es19 timate, analysis, statement, or description), to pre20 pare such written plan, or to comply with such sec21 tion may’’. 


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1 SUBDIVISION B—ACHIEVING 

2 LESS EXCESS IN REGULATION 

3 AND REQUIRING TRANS4 PARENCY 

5 SEC. 100. SHORT TITLE; TABLE OF CONTENTS. 

6 This subdivision may be cited as the ‘‘Achieving Less 

7 Excess in Regulation and Requiring Transparency Act of 

8 2014’’ or as the ‘‘ALERRT Act of 2014’’. 

9 TITLE I—ALL ECONOMIC REGU10 LATIONS ARE TRANSPARENT 

11 ACT 

12 SEC. 101. SHORT TITLE. 

13 This title may be cited as the ‘‘All Economic Regula14 tions are Transparent Act of 2014’’ or the ‘‘ALERT Act 

15 of 2014’’. 

16 SEC. 102. OFFICE OF INFORMATION AND REGULATORY AF17 FAIRS PUBLICATION OF INFORMATION RE18 LATING TO RULES. 

19 (a) AMENDMENT.—Title 5, United States Code, is 

20 amended by inserting after chapter 6, the following new 

21 chapter: 


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1 ‘‘CHAPTER 6A—OFFICE OF INFORMATION 

2 AND REGULATORY AFFAIRS PUBLICA3 TION OF INFORMATION RELATING TO 

4 RULES 

‘‘Sec. 

‘‘651. Agency monthly submission to Office of Information and Regulatory Affairs. 

‘‘652. Office of Information and Regulatory Affairs Publications. 

‘‘653. Requirement for rules to appear in agency-specific monthly publication. 

‘‘654. Definitions. 

5 ‘‘§ 651. Agency monthly submission to Office of Infor6 mation and Regulatory Affairs 

7 ‘‘On a monthly basis, the head of each agency shall 

8 submit to the Administrator of the Office of Information 

9 and Regulatory Affairs (referred to in this chapter as the 

10 ‘Administrator’), in such a manner as the Administrator 

11 may reasonably require, the following information: 

12 ‘‘(1) For each rule that the agency expects to 

13 propose or finalize during the following year: 

14 ‘‘(A) A summary of the nature of the rule, 

15 including the regulation identifier number and 

16 the docket number for the rule. 

17 ‘‘(B) The objectives of and legal basis for 

18 the issuance of the rule, including— 

19 ‘‘(i) any statutory or judicial deadline; 

20 and 

21 ‘‘(ii) whether the legal basis restricts 

22 or precludes the agency from conducting 


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1 an analysis of the costs or benefits of the 

2 rule during the rule making, and if not, 

3 whether the agency plans to conduct an 

4 analysis of the costs or benefits of the rule 

5 during the rule making. 

6 ‘‘(C) Whether the agency plans to claim an 

7 exemption from the requirements of section 553 

8 pursuant to section 553(b)(B). 

9 ‘‘(D) The stage of the rule making as of 

10 the date of submission. 

11 ‘‘(E) Whether the rule is subject to review 

12 under section 610. 

13 ‘‘(2) For any rule for which the agency expects 

14 to finalize during the following year and has issued 

15 a general notice of proposed rule making— 

16 ‘‘(A) an approximate schedule for com17 pleting action on the rule; 

18 ‘‘(B) an estimate of whether the rule will 

19 cost— 

20 ‘‘(i) less than $50,000,000; 

21 ‘‘(ii) $50,000,000 or more but less 

22 than $100,000,000; 

23 ‘‘(iii) $100,000,000 or more but less 

24 than $500,000,000; 


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1 ‘‘(iv) $500,000,000 or more but less 

2 than $1,000,000,000; 

3 ‘‘(v) $1,000,000,000 or more but less 

4 than $5,000,000,000; 

5 ‘‘(vi) $5,000,000,000 or more but less 

6 than $10,000,000,000; or 

7 ‘‘(vii) $10,000,000,000 or more; and 

8 ‘‘(C) any estimate of the economic effects 

9 of the rule, including any estimate of the net ef10 fect that the rule will have on the number of 

11 jobs in the United States, that was considered 

12 in drafting the rule. If such estimate is not 

13 available, a statement affirming that no infor14 mation on the economic effects, including the 

15 effect on the number of jobs, of the rule has 

16 been considered. 

17 ‘‘§ 652. Office of Information and Regulatory Affairs 

18 Publications 

19 ‘‘(a) AGENCY-SPECIFIC INFORMATION PUBLISHED

20 MONTHLY.—Not later than 30 days after the submission 

21 of information pursuant to section 651, the Administrator 

22 shall make such information publicly available on the 

23 Internet. 

24 ‘‘(b) CUMULATIVE ASSESSMENT OF AGENCY RULE

25 MAKING PUBLISHED ANNUALLY.— 


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1 ‘‘(1) PUBLICATION IN THE FEDERAL REG2 ISTER.—Not later than October 1 of each year, the 

3 Administrator shall publish in the Federal Register, 

4 for the previous year the following: 

5 ‘‘(A) The information that the Adminis6 trator received from the head of each agency 

7 under section 651. 

8 ‘‘(B) The number of rules and a list of 

9 each such rule— 

10 ‘‘(i) that was proposed by each agen11 cy, including, for each such rule, an indica12 tion of whether the issuing agency con13 ducted an analysis of the costs or benefits 

14 of the rule; and 

15 ‘‘(ii) that was finalized by each agen16 cy, including for each such rule an indica17 tion of whether— 

18 ‘‘(I) the issuing agency conducted 

19 an analysis of the costs or benefits of 

20 the rule; 

21 ‘‘(II) the agency claimed an ex22 emption from the procedures under 

23 section 553 pursuant to section 

24 553(b)(B); and 


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1 ‘‘(III) the rule was issued pursu2 ant to a statutory mandate or the rule 

3 making is committed to agency discre4 tion by law. 

5 ‘‘(C) The number of agency actions and a 

6 list of each such action taken by each agency 

7 that— 

8 ‘‘(i) repealed a rule; 

9 ‘‘(ii) reduced the scope of a rule; 

10 ‘‘(iii) reduced the cost of a rule; or 

11 ‘‘(iv) accelerated the expiration date 

12 of a rule. 

13 ‘‘(D) The total cost (without reducing the 

14 cost by any offsetting benefits) of all rules pro15 posed or finalized, and the number of rules for 

16 which an estimate of the cost of the rule was 

17 not available. 

18 ‘‘(2) PUBLICATION ON THE INTERNET.—Not 

19 later than October 1 of each year, the Administrator 

20 shall make publicly available on the Internet the fol21 lowing: 

22 ‘‘(A) The analysis of the costs or benefits, 

23 if conducted, for each proposed rule or final 

24 rule issued by an agency for the previous year. 


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1 ‘‘(B) The docket number and regulation 

2 identifier number for each proposed or final 

3 rule issued by an agency for the previous year. 

4 ‘‘(C) The number of rules and a list of 

5 each such rule reviewed by the Director of the 

6 Office of Management and Budget for the pre7 vious year, and the authority under which each 

8 such review was conducted. 

9 ‘‘(D) The number of rules and a list of 

10 each such rule for which the head of an agency 

11 completed a review under section 610 for the 

12 previous year. 

13 ‘‘(E) The number of rules and a list of 

14 each such rule submitted to the Comptroller 

15 General under section 801. 

16 ‘‘(F) The number of rules and a list of 

17 each such rule for which a resolution of dis18 approval was introduced in either the House of 

19 Representatives or the Senate under section 

20 802. 

21 ‘‘§ 653. Requirement for rules to appear in agency22 specific monthly publication 

23 ‘‘(a) IN GENERAL.—Subject to subsection (b), a rule 

24 may not take effect until the information required to be 

25 made publicly available on the Internet regarding such 


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1 rule pursuant to section 652(a) has been so available for 

2 not less than 6 months. 

3 ‘‘(b) EXCEPTIONS.—The requirement of subsection 

4 (a) shall not apply in the case of a rule— 

5 ‘‘(1) for which the agency issuing the rule 

6 claims an exception under section 553(b)(B); or 

7 ‘‘(2) which the President determines by Execu8 tive order should take effect because the rule is— 

9 ‘‘(A) necessary because of an imminent 

10 threat to health or safety or other emergency; 

11 ‘‘(B) necessary for the enforcement of 

12 criminal laws; 

13 ‘‘(C) necessary for national security; or 

14 ‘‘(D) issued pursuant to any statute imple15 menting an international trade agreement. 

16 ‘‘§ 654. Definitions 

17 ‘‘In this chapter, the terms ‘agency’, ‘agency action’, 

18 ‘rule’, and ‘rule making’ have the meanings given those 

19 terms in section 551.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of chapters for part I of title 5, United States 

22 Code, is amended by inserting after the item relating to 

23 chapter 5, the following: 

‘‘6. The Analysis of Regulatory Functions ............................................. 601

‘‘6A. Office of Information and Regulatory Affairs Publication of Information Relating to Rules .......................................... 651’’. 

24 (c) EFFECTIVE DATES.— 


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1 (1) AGENCY MONTHLY SUBMISSION TO THE OF2 FICE OF INFORMATION AND REGULATORY AF3 FAIRS.—The first submission required pursuant to 

4 section 651 of title 5, United States Code, as added 

5 by subsection (a), shall be submitted not later than 

6 30 days after the date of the enactment of this title, 

7 and monthly thereafter. 

8 (2) CUMULATIVE ASSESSMENT OF AGENCY

9 RULE MAKING.— 

10 (A) IN GENERAL.—Subsection (b) of sec11 tion 652 of title 5, United States Code, as 

12 added by subsection (a), shall take effect on the 

13 date that is 60 days after the date of the enact14 ment of this title. 

15 (B) DEADLINE.—The first requirement to 

16 publish or make available, as the case may be, 

17 under subsection (b) of section 652 of title 5, 

18 United States Code, as added by subsection (a), 

19 shall be the first October 1 after the effective 

20 date of such subsection. 

21 (C) FIRST PUBLICATION.—The require22 ment under section 652(b)(2)(A) of title 5, 

23 United States Code, as added by subsection (a), 

24 shall include for the first publication, any anal25 ysis of the costs or benefits conducted for a 


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1 proposed or final rule, for the 10 years before 

2 the date of the enactment of this title. 

3 (3) REQUIREMENT FOR RULES TO APPEAR IN

4 AGENCY-SPECIFIC MONTHLY PUBLICATION.—Section 

5 653 of title 5, United States Code, as added by sub6 section (a), shall take effect on the date that is 8 

7 months after the date of the enactment of this title. 

8 TITLE II—REGULATORY 

9 ACCOUNTABILITY ACT 

10 SEC. 201. SHORT TITLE. 

11 This title may be cited as the ‘‘Regulatory Account12 ability Act of 2014’’. 

13 SEC. 202. DEFINITIONS. 

14 Section 551 of title 5, United States Code, is amend15 ed— 

16 (1) in paragraph (13), by striking ‘‘and’’ at the 

17 end; 

18 (2) in paragraph (14), by striking the period at 

19 the end and inserting a semicolon; and 

20 (3) by adding at the end the following: 

21 ‘‘(15) ‘major rule’ means any rule that the Ad22 ministrator of the Office of Information and Regu23 latory Affairs determines is likely to impose— 


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1 ‘‘(A) an annual cost on the economy of 

2 $100,000,000 or more, adjusted annually for 

3 inflation; 

4 ‘‘(B) a major increase in costs or prices for 

5 consumers, individual industries, Federal, 

6 State, local, or tribal government agencies, or 

7 geographic regions; 

8 ‘‘(C) significant adverse effects on competi9 tion, employment, investment, productivity, in10 novation, or on the ability of United States11 based enterprises to compete with foreign-based 

12 enterprises in domestic and export markets; or 

13 ‘‘(D) significant impacts on multiple sec14 tors of the economy; 

15 ‘‘(16) ‘high-impact rule’ means any rule that 

16 the Administrator of the Office of Information and 

17 Regulatory Affairs determines is likely to impose an 

18 annual cost on the economy of $1,000,000,000 or 

19 more, adjusted annually for inflation; 

20 ‘‘(17) ‘negative-impact on jobs and wages rule’ 

21 means any rule that the agency that made the rule 

22 or the Administrator of the Office of Information 

23 and Regulatory Affairs determines is likely to— 

24 ‘‘(A) in one or more sectors of the economy 

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1 ican Industry Classification System, reduce em2 ployment not related to new regulatory compli3 ance by 1 percent or more annually during the 

4 1-year, 5-year, or 10-year period after imple5 mentation; 

6 ‘‘(B) in one or more sectors of the econ7 omy that has a 6-digit code under the North 

8 American Industry Classification System, re9 duce average weekly wages for employment not 

10 related to new regulatory compliance by 1 per11 cent or more annually during the 1-year, 5- 

12 year, or 10-year period after implementation; 

13 ‘‘(C) in any industry area (as such term is 

14 defined in the Current Population Survey con15 ducted by the Bureau of Labor Statistics) in 

16 which the most recent annual unemployment 

17 rate for the industry area is greater than 5 per18 cent, as determined by the Bureau of Labor 

19 Statistics in the Current Population Survey, re20 duce employment not related to new regulatory 

21 compliance during the first year after imple22 mentation; or 

23 ‘‘(D) in any industry area in which the Bu24 reau of Labor Statistics projects in the Occupa25 tional Employment Statistics program that the 


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1 employment level will decrease by 1 percent or 

2 more, further reduce employment not related to 

3 new regulatory compliance during the first year 

4 after implementation; 

5 ‘‘(18) ‘guidance’ means an agency statement of 

6 general applicability and future effect, other than a 

7 regulatory action, that sets forth a policy on a statu8 tory, regulatory or technical issue or an interpreta9 tion of a statutory or regulatory issue; 

10 ‘‘(19) ‘major guidance’ means guidance that the 

11 Administrator of the Office of Information and Reg12 ulatory Affairs finds is likely to lead to— 

13 ‘‘(A) an annual cost on the economy of 

14 $100,000,000 or more, adjusted annually for 

15 inflation; 

16 ‘‘(B) a major increase in costs or prices for 

17 consumers, individual industries, Federal, 

18 State, local or tribal government agencies, or 

19 geographic regions; 

20 ‘‘(C) significant adverse effects on competi21 tion, employment, investment, productivity, in22 novation, or on the ability of United States23 based enterprises to compete with foreign-based 

24 enterprises in domestic and export markets; or 


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1 ‘‘(D) significant impacts on multiple sec2 tors of the economy; 

3 ‘‘(20) the ‘Information Quality Act’ means sec4 tion 515 of Public Law 106–554, the Treasury and 

5 General Government Appropriations Act for Fiscal 

6 Year 2001, and guidelines issued by the Adminis7 trator of the Office of Information and Regulatory 

8 Affairs or other agencies pursuant to the Act; and 

9 ‘‘(21) the ‘Office of Information and Regulatory 

10 Affairs’ means the office established under section 

11 3503 of chapter 35 of title 44 and any successor to 

12 that office.’’. 

13 SEC. 203. RULE MAKING. 

14 (a) Section 553(a) of title 5, United States Code, is 

15 amended by striking ‘‘(a) This section applies’’ and insert16 ing ‘‘(a) APPLICABILITY.—This section applies’’. 

17 (b) Section 553 of title 5, United States Code, is 

18 amended by striking subsections (b) through (e) and in19 serting the following: 

20 ‘‘(b) RULE MAKING CONSIDERATIONS.—In a rule 

21 making, an agency shall make all preliminary and final 

22 factual determinations based on evidence and consider, in 

23 addition to other applicable considerations, the following: 

24 ‘‘(1) The legal authority under which a rule 

25 may be proposed, including whether a rule making 


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1 is required by statute, and if so, whether by a spe2 cific date, or whether the agency has discretion to 

3 commence a rule making. 

4 ‘‘(2) Other statutory considerations applicable 

5 to whether the agency can or should propose a rule 

6 or undertake other agency action. 

7 ‘‘(3) The specific nature and significance of the 

8 problem the agency may address with a rule (includ9 ing the degree and nature of risks the problem poses 

10 and the priority of addressing those risks compared 

11 to other matters or activities within the agency’s ju12 risdiction), whether the problem warrants new agen13 cy action, and the countervailing risks that may be 

14 posed by alternatives for new agency action. 

15 ‘‘(4) Whether existing rules have created or 

16 contributed to the problem the agency may address 

17 with a rule and whether those rules could be amend18 ed or rescinded to address the problem in whole or 

19 part. 

20 ‘‘(5) Any reasonable alternatives for a new rule 

21 or other response identified by the agency or inter22 ested persons, including not only responses that 

23 mandate particular conduct or manners of compli24 ance, but also— 


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1 ‘‘(A) the alternative of no Federal re2 sponse; 

3 ‘‘(B) amending or rescinding existing 

4 rules; 

5 ‘‘(C) potential regional, State, local, or 

6 tribal regulatory action or other responses that 

7 could be taken in lieu of agency action; and 

8 ‘‘(D) potential responses that— 

9 ‘‘(i) specify performance objectives 

10 rather than conduct or manners of compli11 ance; 

12 ‘‘(ii) establish economic incentives to 

13 encourage desired behavior; 

14 ‘‘(iii) provide information upon which 

15 choices can be made by the public; or 

16 ‘‘(iv) incorporate other innovative al17 ternatives rather than agency actions that 

18 specify conduct or manners of compliance. 

19 ‘‘(6) Notwithstanding any other provision of 

20 law— 

21 ‘‘(A) the potential costs and benefits asso22 ciated with potential alternative rules and other 

23 responses considered under section 553(b)(5), 

24 including direct, indirect, and cumulative costs 

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1 cluding an estimate of the net gain or loss in 

2 domestic jobs), wages, economic growth, innova3 tion, and economic competitiveness; 

4 ‘‘(B) means to increase the cost-effective5 ness of any Federal response; and 

6 ‘‘(C) incentives for innovation, consistency, 

7 predictability, lower costs of enforcement and 

8 compliance (to government entities, regulated 

9 entities, and the public), and flexibility. 

10 ‘‘(c) ADVANCE NOTICE OF PROPOSED RULE MAKING

11 FOR MAJOR RULES, HIGH-IMPACT RULES, NEGATIVE-IM12 PACT ON JOBS AND WAGES RULES, AND RULES INVOLV13 ING NOVEL LEGAL OR POLICY ISSUES.—In the case of 

14 a rule making for a major rule, a high-impact rule, a nega15 tive-impact on jobs and wages rule, or a rule that involves 

16 a novel legal or policy issue arising out of statutory man17 dates, not later than 90 days before a notice of proposed 

18 rule making is published in the Federal Register, an agen19 cy shall publish advance notice of proposed rule making 

20 in the Federal Register. In publishing such advance notice, 

21 the agency shall— 

22 ‘‘(1) include a written statement identifying, at 

23 a minimum— 

24 ‘‘(A) the nature and significance of the 

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1 cluding data and other evidence and informa2 tion on which the agency expects to rely for the 

3 proposed rule; 

4 ‘‘(B) the legal authority under which a rule 

5 may be proposed, including whether a rule mak6 ing is required by statute, and if so, whether by 

7 a specific date, or whether the agency has dis8 cretion to commence a rule making; 

9 ‘‘(C) preliminary information available to 

10 the agency concerning the other considerations 

11 specified in subsection (b); 

12 ‘‘(D) in the case of a rule that involves a 

13 novel legal or policy issue arising out of statu14 tory mandates, the nature of and potential rea15 sons to adopt the novel legal or policy position 

16 upon which the agency may base a proposed 

17 rule; and 

18 ‘‘(E) an achievable objective for the rule 

19 and metrics by which the agency will measure 

20 progress toward that objective; 

21 ‘‘(2) solicit written data, views or argument 

22 from interested persons concerning the information 

23 and issues addressed in the advance notice; and 


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1 ‘‘(3) provide for a period of not fewer than 60 

2 days for interested persons to submit such written 

3 data, views, or argument to the agency. 

4 ‘‘(d) NOTICES OF PROPOSED RULE MAKING; DETER5 MINATIONS OF OTHER AGENCY COURSE.—(1) Before it 

6 determines to propose a rule, and following completion of 

7 procedures under subsection (c), if applicable, the agency 

8 shall consult with the Administrator of the Office of Infor9 mation and Regulatory Affairs. If the agency thereafter 

10 determines to propose a rule, the agency shall publish a 

11 notice of proposed rule making, which shall include— 

12 ‘‘(A) a statement of the time, place, and nature 

13 of public rule making proceedings; 

14 ‘‘(B) reference to the legal authority under 

15 which the rule is proposed; 

16 ‘‘(C) the terms of the proposed rule; 

17 ‘‘(D) a description of information known to the 

18 agency on the subject and issues of the proposed 

19 rule, including but not limited to— 

20 ‘‘(i) a summary of information known to 

21 the agency concerning the considerations speci22 fied in subsection (b); 

23 ‘‘(ii) a summary of additional information 

24 the agency provided to and obtained from inter25 ested persons under subsection (c); 


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1 ‘‘(iii) a summary of any preliminary risk 

2 assessment or regulatory impact analysis per3 formed by the agency; and 

4 ‘‘(iv) information specifically identifying all 

5 data, studies, models, and other evidence or in6 formation considered or used by the agency in 

7 connection with its determination to propose 

8 the rule; 

9 ‘‘(E)(i) a reasoned preliminary determination of 

10 need for the rule based on the information described 

11 under subparagraph (D); 

12 ‘‘(ii) an additional statement of whether a rule 

13 is required by statute; and 

14 ‘‘(iii) an achievable objective for the rule and 

15 metrics by which the agency will measure progress 

16 toward that objective; 

17 ‘‘(F) a reasoned preliminary determination that 

18 the benefits of the proposed rule meet the relevant 

19 statutory objectives and justify the costs of the pro20 posed rule (including all costs to be considered under 

21 subsection (b)(6)), based on the information de22 scribed under subparagraph (D); 

23 ‘‘(G) a discussion of— 


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1 ‘‘(i) the alternatives to the proposed rule, 

2 and other alternative responses, considered by 

3 the agency under subsection (b); 

4 ‘‘(ii) the costs and benefits of those alter5 natives (including all costs to be considered 

6 under subsection (b)(6)); 

7 ‘‘(iii) whether those alternatives meet rel8 evant statutory objectives; and 

9 ‘‘(iv) why the agency did not propose any 

10 of those alternatives; and 

11 ‘‘(H)(i) a statement of whether existing rules 

12 have created or contributed to the problem the agen13 cy seeks to address with the proposed rule; and 

14 ‘‘(ii) if so, whether or not the agency proposes 

15 to amend or rescind any such rules, and why. 

16 All information provided to or considered by the agency, 

17 and steps to obtain information by the agency, in connec18 tion with its determination to propose the rule, including 

19 any preliminary risk assessment or regulatory impact 

20 analysis prepared by the agency and all other information 

21 prepared or described by the agency under subparagraph 

22 (D) and, at the discretion of the President or the Adminis23 trator of the Office of Information and Regulatory Affairs, 

24 information provided by that Office in consultations with 

25 the agency, shall be placed in the docket for the proposed 


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1 rule and made accessible to the public by electronic means 

2 and otherwise for the public’s use when the notice of pro3 posed rule making is published. 

4 ‘‘(2)(A) If the agency undertakes procedures under 

5 subsection (c) and determines thereafter not to propose 

6 a rule, the agency shall, following consultation with the 

7 Office of Information and Regulatory Affairs, publish a 

8 notice of determination of other agency course. A notice 

9 of determination of other agency course shall include in10 formation required by paragraph (1)(D) to be included in 

11 a notice of proposed rule making and a description of the 

12 alternative response the agency determined to adopt. 

13 ‘‘(B) If in its determination of other agency course 

14 the agency makes a determination to amend or rescind 

15 an existing rule, the agency need not undertake additional 

16 proceedings under subsection (c) before it publishes a no17 tice of proposed rule making to amend or rescind the exist18 ing rule. 

19 All information provided to or considered by the agency, 

20 and steps to obtain information by the agency, in connec21 tion with its determination of other agency course, includ22 ing but not limited to any preliminary risk assessment or 

23 regulatory impact analysis prepared by the agency and all 

24 other information that would be required to be prepared 

25 or described by the agency under paragraph (1)(D) if the 


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1 agency had determined to publish a notice of proposed rule 

2 making and, at the discretion of the President or the Ad3 ministrator of the Office of Information and Regulatory 

4 Affairs, information provided by that Office in consulta5 tions with the agency, shall be placed in the docket for 

6 the determination and made accessible to the public by 

7 electronic means and otherwise for the public’s use when 

8 the notice of determination is published. 

9 ‘‘(3) After notice of proposed rule making required 

10 by this section, the agency shall provide interested persons 

11 an opportunity to participate in the rule making through 

12 submission of written data, views, or arguments with or 

13 without opportunity for oral presentation, except that— 

14 ‘‘(A) if a hearing is required under paragraph 

15 (4)(B) or subsection (e), opportunity for oral presen16 tation shall be provided pursuant to that require17 ment; or 

18 ‘‘(B) when other than under subsection (e) of 

19 this section rules are required by statute or at the 

20 discretion of the agency to be made on the record 

21 after opportunity for an agency hearing, sections 

22 556 and 557 shall apply, and paragraph (4), the re23 quirements of subsection (e) to receive comment out24 side of the procedures of sections 556 and 557, and 


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1 the petition procedures of subsection (e)(6) shall not 

2 apply. 

3 The agency shall provide not fewer than 60 days for inter4 ested persons to submit written data, views, or argument 

5 (or 120 days in the case of a proposed major or high6 impact rule). 

7 ‘‘(4)(A) Within 30 days of publication of notice of 

8 proposed rule making, a member of the public may peti9 tion for a hearing in accordance with section 556 to deter10 mine whether any evidence or other information upon 

11 which the agency bases the proposed rule fails to comply 

12 with the Information Quality Act. 

13 ‘‘(B)(i) The agency may, upon review of the petition, 

14 determine without further process to exclude from the rule 

15 making the evidence or other information that is the sub16 ject of the petition and, if appropriate, withdraw the pro17 posed rule. The agency shall promptly publish any such 

18 determination. 

19 ‘‘(ii) If the agency does not resolve the petition under 

20 the procedures of clause (i), it shall grant any such peti21 tion that presents a prima facie case that evidence or other 

22 information upon which the agency bases the proposed 

23 rule fails to comply with the Information Quality Act, hold 

24 the requested hearing not later than 30 days after receipt 

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1 examination at the hearing, and decide the issues pre2 sented by the petition not later than 60 days after receipt 

3 of the petition. The agency may deny any petition that 

4 it determines does not present such a prima facie case. 

5 ‘‘(C) There shall be no judicial review of the agency’s 

6 disposition of issues considered and decided or determined 

7 under subparagraph (B)(ii) until judicial review of the 

8 agency’s final action. There shall be no judicial review of 

9 an agency’s determination to withdraw a proposed rule 

10 under subparagraph (B)(i) on the basis of the petition. 

11 ‘‘(D) Failure to petition for a hearing under this 

12 paragraph shall not preclude judicial review of any claim 

13 based on the Information Quality Act under chapter 7 of 

14 this title. 

15 ‘‘(e) HEARINGS FOR HIGH-IMPACT RULES.—Fol16 lowing notice of a proposed rule making, receipt of com17 ments on the proposed rule, and any hearing held under 

18 subsection (d)(4), and before adoption of any high-impact 

19 rule, the agency shall hold a hearing in accordance with 

20 sections 556 and 557, unless such hearing is waived by 

21 all participants in the rule making other than the agency. 

22 The agency shall provide a reasonable opportunity for 

23 cross-examination at such hearing. The hearing shall be 

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1 pants at the hearing other than the agency may waive de2 termination of any such issue: 

3 ‘‘(1) Whether the agency’s asserted factual 

4 predicate for the rule is supported by the evidence. 

5 ‘‘(2) Whether there is an alternative to the pro6 posed rule that would achieve the relevant statutory 

7 objectives at a lower cost (including all costs to be 

8 considered under subsection (b)(6)) than the pro9 posed rule. 

10 ‘‘(3) If there is more than one alternative to the 

11 proposed rule that would achieve the relevant statu12 tory objectives at a lower cost than the proposed 

13 rule, which alternative would achieve the relevant 

14 statutory objectives at the lowest cost. 

15 ‘‘(4) Whether, if the agency proposes to adopt 

16 a rule that is more costly than the least costly alter17 native that would achieve the relevant statutory ob18 jectives (including all costs to be considered under 

19 subsection (b)(6)), the additional benefits of the 

20 more costly rule exceed the additional costs of the 

21 more costly rule. 

22 ‘‘(5) Whether the evidence and other informa23 tion upon which the agency bases the proposed rule 

24 meets the requirements of the Information Quality 

25 Act. 


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1 ‘‘(6) Upon petition by an interested person who 

2 has participated in the rule making, other issues rel3 evant to the rule making, unless the agency deter4 mines that consideration of the issues at the hearing 

5 would not advance consideration of the rule or 

6 would, in light of the nature of the need for agency 

7 action, unreasonably delay completion of the rule 

8 making. An agency shall grant or deny a petition 

9 under this paragraph within 30 days of its receipt 

10 of the petition. 

11 No later than 45 days before any hearing held under this 

12 subsection or sections 556 and 557, the agency shall pub13 lish in the Federal Register a notice specifying the pro14 posed rule to be considered at such hearing, the issues 

15 to be considered at the hearing, and the time and place 

16 for such hearing, except that such notice may be issued 

17 not later than 15 days before a hearing held under sub18 section (d)(4)(B). 

19 ‘‘(f) FINAL RULES.—(1) The agency shall adopt a 

20 rule only following consultation with the Administrator of 

21 the Office of Information and Regulatory Affairs to facili22 tate compliance with applicable rule making requirements. 

23 ‘‘(2) The agency shall adopt a rule only on the basis 

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1 nomic, and other evidence and information concerning the 

2 need for, consequences of, and alternatives to the rule. 

3 ‘‘(3)(A) Except as provided in subparagraph (B), the 

4 agency shall adopt the least costly rule considered during 

5 the rule making (including all costs to be considered under 

6 subsection (b)(6)) that meets relevant statutory objectives. 

7 ‘‘(B) The agency may adopt a rule that is more costly 

8 than the least costly alternative that would achieve the rel9 evant statutory objectives only if the additional benefits 

10 of the more costly rule justify its additional costs and only 

11 if the agency explains its reason for doing so based on 

12 interests of public health, safety or welfare that are clearly 

13 within the scope of the statutory provision authorizing the 

14 rule. 

15 ‘‘(4) When it adopts a final rule, the agency shall 

16 publish a notice of final rule making. The notice shall in17 clude— 

18 ‘‘(A) a concise, general statement of the rule’s 

19 basis and purpose; 

20 ‘‘(B) the agency’s reasoned final determination 

21 of need for a rule to address the problem the agency 

22 seeks to address with the rule, including a statement 

23 of whether a rule is required by statute and a sum24 mary of any final risk assessment or regulatory im25 pact analysis prepared by the agency; 


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1 ‘‘(C) the agency’s reasoned final determination 

2 that the benefits of the rule meet the relevant statu3 tory objectives and justify the rule’s costs (including 

4 all costs to be considered under subsection (b)(6)); 

5 ‘‘(D) the agency’s reasoned final determination 

6 not to adopt any of the alternatives to the proposed 

7 rule considered by the agency during the rule mak8 ing, including— 

9 ‘‘(i) the agency’s reasoned final determina10 tion that no alternative considered achieved the 

11 relevant statutory objectives with lower costs 

12 (including all costs to be considered under sub13 section (b)(6)) than the rule; or 

14 ‘‘(ii) the agency’s reasoned determination 

15 that its adoption of a more costly rule complies 

16 with subsection (f)(3)(B); 

17 ‘‘(E) the agency’s reasoned final determina18 tion— 

19 ‘‘(i) that existing rules have not created or 

20 contributed to the problem the agency seeks to 

21 address with the rule; or 

22 ‘‘(ii) that existing rules have created or 

23 contributed to the problem the agency seeks to 

24 address with the rule, and, if so— 


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1 ‘‘(I) why amendment or rescission of 

2 such existing rules is not alone sufficient 

3 to respond to the problem; and 

4 ‘‘(II) whether and how the agency in5 tends to amend or rescind the existing rule 

6 separate from adoption of the rule; 

7 ‘‘(F) the agency’s reasoned final determination 

8 that the evidence and other information upon which 

9 the agency bases the rule complies with the Informa10 tion Quality Act; 

11 ‘‘(G) the agency’s reasoned final determination 

12 that the rule meets the objectives that the agency 

13 identified in subsection (d)(1)(E)(iii) or that other 

14 objectives are more appropriate in light of the full 

15 administrative record and the rule meets those ob16 jectives; 

17 ‘‘(H) the agency’s reasoned final determination 

18 that it did not deviate from the metrics the agency 

19 included in subsection (d)(1)(E)(iii) or that other 

20 metrics are more appropriate in light of the full ad21 ministrative record and the agency did not deviate 

22 from those metrics; 

23 ‘‘(I)(i) for any major rule, high-impact rule, or 

24 negative-impact on jobs and wages rule, the agency’s 

25 plan for review of the rule no less than every ten 


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1 years to determine whether, based upon evidence, 

2 there remains a need for the rule, whether the rule 

3 is in fact achieving statutory objectives, whether the 

4 rule’s benefits continue to justify its costs, and 

5 whether the rule can be modified or rescinded to re6 duce costs while continuing to achieve statutory ob7 jectives; and 

8 ‘‘(ii) review of a rule under a plan required by 

9 clause (i) of this subparagraph shall take into ac10 count the factors and criteria set forth in sub11 sections (b) through (f) of section 553 of this title; 

12 and 

13 ‘‘(J) for any negative-impact on jobs and wages 

14 rule, a statement that the head of the agency that 

15 made the rule approved the rule knowing about the 

16 findings and determination of the agency or the Ad17 ministrator of the Office of Information and Regu18 latory Affairs that qualified the rule as a negative 

19 impact on jobs and wages rule. 

20 All information considered by the agency in connection 

21 with its adoption of the rule, and, at the discretion of the 

22 President or the Administrator of the Office of Informa23 tion and Regulatory Affairs, information provided by that 

24 Office in consultations with the agency, shall be placed 


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1 in the docket for the rule and made accessible to the public 

2 for the public’s use no later than when the rule is adopted. 

3 ‘‘(g) EXCEPTIONS FROM NOTICE AND HEARING RE4 QUIREMENTS.—(1) Except when notice or hearing is re5 quired by statute, the following do not apply to interpre6 tive rules, general statements of policy, or rules of agency 

7 organization, procedure, or practice: 

8 ‘‘(A) Subsections (c) through (e). 

9 ‘‘(B) Paragraphs (1) through (3) of subsection 

10 (f). 

11 ‘‘(C) Subparagraphs (B) through (H) of sub12 section (f)(4). 

13 ‘‘(2)(A) When the agency for good cause, based upon 

14 evidence, finds (and incorporates the finding and a brief 

15 statement of reasons therefor in the rules issued) that 

16 compliance with subsection (c), (d), or (e) or requirements 

17 to render final determinations under subsection (f) of this 

18 section before the issuance of an interim rule is impracti19 cable or contrary to the public interest, including interests 

20 of national security, such subsections or requirements to 

21 render final determinations shall not apply to the agency’s 

22 adoption of an interim rule. 

23 ‘‘(B) If, following compliance with subparagraph (A) 

24 of this paragraph, the agency adopts an interim rule, it 

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1 sections (d) through (f) of this section immediately upon 

2 publication of the interim rule, shall treat the publication 

3 of the interim rule as publication of a notice of proposed 

4 rule making and shall not be required to issue supple5 mental notice other than to complete full compliance with 

6 subsection (d). No less than 270 days from publication 

7 of the interim rule (or 18 months in the case of a major 

8 rule or high-impact rule), the agency shall complete rule 

9 making under subsections (d) through (f) of this sub10 section and take final action to adopt a final rule or re11 scind the interim rule. If the agency fails to take timely 

12 final action, the interim rule will cease to have the effect 

13 of law. 

14 ‘‘(C) Other than in cases involving interests of na15 tional security, upon the agency’s publication of an interim 

16 rule without compliance with subsection (c), (d), or (e) or 

17 requirements to render final determinations under sub18 section (f) of this section, an interested party may seek 

19 immediate judicial review under chapter 7 of this title of 

20 the agency’s determination to adopt such interim rule. The 

21 record on such review shall include all documents and in22 formation considered by the agency and any additional in23 formation presented by a party that the court determines 

24 necessary to consider to assure justice. 


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1 ‘‘(3) When the agency for good cause finds (and in2 corporates the finding and a brief statement of reasons 

3 therefor in the rules issued) that notice and public proce4 dure thereon are unnecessary, including because agency 

5 rule making is undertaken only to correct a de minimis 

6 technical or clerical error in a previously issued rule or 

7 for other noncontroversial purposes, the agency may pub8 lish a rule without compliance with subsection (c), (d), (e), 

9 or (f)(1)–(3) and (f)(4)(B)–(F). If the agency receives sig10 nificant adverse comment within 60 days after publication 

11 of the rule, it shall treat the notice of the rule as a notice 

12 of proposed rule making and complete rule making in com13 pliance with subsections (d) and (f). 

14 ‘‘(h) ADDITIONAL REQUIREMENTS FOR HEARINGS.— 

15 When a hearing is required under subsection (e) or is oth16 erwise required by statute or at the agency’s discretion 

17 before adoption of a rule, the agency shall comply with 

18 the requirements of sections 556 and 557 in addition to 

19 the requirements of subsection (f) in adopting the rule and 

20 in providing notice of the rule’s adoption. 

21 ‘‘(i) DATE OF PUBLICATION OF RULE.—The required 

22 publication or service of a substantive final or interim rule 

23 shall be made not less than 30 days before the effective 

24 date of the rule, except— 


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1 ‘‘(1) a substantive rule which grants or recog2 nizes an exemption or relieves a restriction; 

3 ‘‘(2) interpretive rules and statements of policy; 

4 or 

5 ‘‘(3) as otherwise provided by the agency for 

6 good cause found and published with the rule. 

7 ‘‘(j) RIGHT TO PETITION.—Each agency shall give 

8 an interested person the right to petition for the issuance, 

9 amendment, or repeal of a rule. 

10 ‘‘(k) RULE MAKING GUIDELINES.—(1)(A) The Ad11 ministrator of the Office of Information and Regulatory 

12 Affairs shall establish guidelines for the assessment, in13 cluding quantitative and qualitative assessment, of the 

14 costs and benefits of proposed and final rules and other 

15 economic issues or issues related to risk that are relevant 

16 to rule making under this title. The rigor of cost-benefit 

17 analysis required by such guidelines shall be commensu18 rate, in the Administrator’s determination, with the eco19 nomic impact of the rule. 

20 ‘‘(B) To ensure that agencies use the best available 

21 techniques to quantify and evaluate anticipated present 

22 and future benefits, costs, other economic issues, and risks 

23 as accurately as possible, the Administrator of the Office 

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1 date guidelines established under paragraph (1)(A) of this 

2 subsection. 

3 ‘‘(2) The Administrator of the Office of Information 

4 and Regulatory Affairs shall also issue guidelines to pro5 mote coordination, simplification and harmonization of 

6 agency rules during the rule making process and other7 wise. Such guidelines shall assure that each agency avoids 

8 regulations that are inconsistent or incompatible with, or 

9 duplicative of, its other regulations and those of other 

10 Federal agencies and drafts its regulations to be simple 

11 and easy to understand, with the goal of minimizing the 

12 potential for uncertainty and litigation arising from such 

13 uncertainty. 

14 ‘‘(3) To ensure consistency in Federal rule making, 

15 the Administrator of the Office of Information and Regu16 latory Affairs shall— 

17 ‘‘(A) issue guidelines and otherwise take action 

18 to ensure that rule makings conducted in whole or 

19 in part under procedures specified in provisions of 

20 law other than those of subchapter II of this title 

21 conform to the fullest extent allowed by law with the 

22 procedures set forth in section 553 of this title; and 

23 ‘‘(B) issue guidelines for the conduct of hear24 ings under subsections 553(d)(4) and 553(e) of this 

25 section, including to assure a reasonable opportunity 


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1 for cross-examination. Each agency shall adopt regu2 lations for the conduct of hearings consistent with 

3 the guidelines issued under this subparagraph. 

4 ‘‘(4) The Administrator of the Office of Information 

5 and Regulatory Affairs shall issue guidelines pursuant to 

6 the Information Quality Act to apply in rule making pro7 ceedings under sections 553, 556, and 557 of this title. 

8 In all cases, such guidelines, and the Administrator’s spe9 cific determinations regarding agency compliance with 

10 such guidelines, shall be entitled to judicial deference. 

11 ‘‘(l) INCLUSION IN THE RECORD OF CERTAIN DOCU12 MENTS AND INFORMATION.—The agency shall include in 

13 the record for a rule making, and shall make available by 

14 electronic means and otherwise, all documents and infor15 mation prepared or considered by the agency during the 

16 proceeding, including, at the discretion of the President 

17 or the Administrator of the Office of Information and Reg18 ulatory Affairs, documents and information communicated 

19 by that Office during consultation with the Agency. 

20 ‘‘(m) MONETARY POLICY EXEMPTION.—Nothing in 

21 subsection (b)(6), subparagraphs (F) and (G) of sub22 section (d)(1), subsection (e), subsection (f)(3), and sub23 paragraphs (C) and (D) of subsection (f)(5) shall apply 

24 to rule makings that concern monetary policy proposed or 


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1 implemented by the Board of Governors of the Federal 

2 Reserve System or the Federal Open Market Committee.’’. 

3 SEC. 204. AGENCY GUIDANCE; PROCEDURES TO ISSUE 

4 MAJOR GUIDANCE; PRESIDENTIAL AUTHOR5 ITY TO ISSUE GUIDELINES FOR ISSUANCE OF 

6 GUIDANCE. 

7 (a) IN GENERAL.—Chapter 5 of title 5, United 

8 States Code, is amended by inserting after section 553 the 

9 following new section: 

10 ‘‘§ 553a. Agency guidance; procedures to issue major 

11 guidance; authority to issue guidelines 

12 for issuance of guidance 

13 ‘‘(a) Before issuing any major guidance, or guidance 

14 that involves a novel legal or policy issue arising out of 

15 statutory mandates, an agency shall— 

16 ‘‘(1) make and document a reasoned determina17 tion that— 

18 ‘‘(A) assures that such guidance is under19 standable and complies with relevant statutory 

20 objectives and regulatory provisions (including 

21 any statutory deadlines for agency action); 

22 ‘‘(B) summarizes the evidence and data on 

23 which the agency will base the guidance; 

24 ‘‘(C) identifies the costs and benefits (in25 cluding all costs to be considered during a rule 


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1 making under section 553(b) of this title) of 

2 conduct conforming to such guidance and 

3 assures that such benefits justify such costs; 

4 and 

5 ‘‘(D) describes alternatives to such guid6 ance and their costs and benefits (including all 

7 costs to be considered during a rule making 

8 under section 553(b) of this title) and explains 

9 why the agency rejected those alternatives; and 

10 ‘‘(2) confer with the Administrator of the Office 

11 of Information and Regulatory Affairs on the 

12 issuance of such guidance to assure that the guid13 ance is reasonable, understandable, consistent with 

14 relevant statutory and regulatory provisions and re15 quirements or practices of other agencies, does not 

16 produce costs that are unjustified by the guidance’s 

17 benefits, and is otherwise appropriate. 

18 Upon issuing major guidance, or guidance that involves 

19 a novel legal or policy issue arising out of statutory man20 dates, the agency shall publish the documentation required 

21 by subparagraph (1) by electronic means and otherwise. 

22 ‘‘(b) Agency guidance— 

23 ‘‘(1) is not legally binding and may not be re24 lied upon by an agency as legal grounds for agency 

25 action; 


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1 ‘‘(2) shall state in a plain, prominent and per2 manent manner that it is not legally binding; and 

3 ‘‘(3) shall, at the time it is issued or upon re4 quest, be made available by the issuing agency to in5 terested persons and the public by electronic means 

6 and otherwise. 

7 Agencies shall avoid the issuance of guidance that is in8 consistent or incompatible with, or duplicative of, the 

9 agency’s governing statutes or regulations, with the goal 

10 of minimizing the potential for uncertainty and litigation 

11 arising from such uncertainty. 

12 ‘‘(c) The Administrator of the Office of Information 

13 and Regulatory Affairs shall have authority to issue guide14 lines for use by the agencies in the issuance of major guid15 ance and other guidance. Such guidelines shall assure that 

16 each agency avoids issuing guidance documents that are 

17 inconsistent or incompatible with, or duplicative of, the 

18 law, its other regulations, or the regulations of other Fed19 eral agencies and drafts its guidance documents to be sim20 ple and easy to understand, with the goal of minimizing 

21 the potential for uncertainty and litigation arising from 

22 such uncertainty.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 for chapter 5 of title 5, United States Code, is amended 


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1 by inserting after the item relating to section 553 the fol2 lowing new item: 

‘‘553a. Agency guidance; procedures to issue major guidance; authority to issue 

guidelines for issuance of guidance.’’. 

3 SEC. 205. HEARINGS; PRESIDING EMPLOYEES; POWERS AND 

4 DUTIES; BURDEN OF PROOF; EVIDENCE; 

5 RECORD AS BASIS OF DECISION. 

6 Section 556 of title 5, United States Code, is amend7 ed by striking subsection (e) and inserting the following: 

8 ‘‘(e)(1) The transcript of testimony and exhibits, to9 gether with all papers and requests filed in the proceeding, 

10 constitutes the exclusive record for decision in accordance 

11 with section 557 and shall be made available to the parties 

12 and the public by electronic means and, upon payment of 

13 lawfully prescribed costs, otherwise. When an agency deci14 sion rests on official notice of a material fact not appear15 ing in the evidence in the record, a party is entitled, on 

16 timely request, to an opportunity to show the contrary. 

17 ‘‘(2) Notwithstanding paragraph (1) of this sub18 section, in a proceeding held under this section pursuant 

19 to section 553(d)(4) or 553(e), the record for decision 

20 shall also include any information that is part of the 

21 record of proceedings under section 553. 

22 ‘‘(f) When an agency conducts rule making under this 

23 section and section 557 directly after concluding pro24 ceedings upon an advance notice of proposed rule making 


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1 under section 553(c), the matters to be considered and 

2 determinations to be made shall include, among other rel3 evant matters and determinations, the matters and deter4 minations described in subsections (b) and (f) of section 

5 553. 

6 ‘‘(g) Upon receipt of a petition for a hearing under 

7 this section, the agency shall grant the petition in the case 

8 of any major rule, unless the agency reasonably deter9 mines that a hearing would not advance consideration of 

10 the rule or would, in light of the need for agency action, 

11 unreasonably delay completion of the rule making. The 

12 agency shall publish its decision to grant or deny the peti13 tion when it renders the decision, including an explanation 

14 of the grounds for decision. The information contained in 

15 the petition shall in all cases be included in the adminis16 trative record. This subsection shall not apply to rule mak17 ings that concern monetary policy proposed or imple18 mented by the Board of Governors of the Federal Reserve 

19 System or the Federal Open Market Committee.’’. 

20 SEC. 206. ACTIONS REVIEWABLE. 

21 Section 704 of title 5, United States Code, is amend22 ed— 

23 (1) by striking ‘‘Agency action made’’ and in24 serting ‘‘(a) Agency action made’’; and 


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1 (2) by adding at the end the following: ‘‘Denial 

2 by an agency of a correction request or, where ad3 ministrative appeal is provided for, denial of an ap4 peal, under an administrative mechanism described 

5 in subsection (b)(2)(B) of the Information Quality 

6 Act, or the failure of an agency within 90 days to 

7 grant or deny such request or appeal, shall be final 

8 action for purposes of this section. 

9 ‘‘(b) Other than in cases involving interests of na10 tional security, notwithstanding subsection (a) of this sec11 tion, upon the agency’s publication of an interim rule with12 out compliance with section 553(c), (d), or (e) or require13 ments to render final determinations under subsection (f) 

14 of section 553, an interested party may seek immediate 

15 judicial review under this chapter of the agency’s deter16 mination to adopt such rule on an interim basis. Review 

17 shall be limited to whether the agency abused its discre18 tion to adopt the interim rule without compliance with sec19 tion 553(c), (d), or (e) or without rendering final deter20 minations under subsection (f) of section 553.’’. 

21 SEC. 207. SCOPE OF REVIEW. 

22 Section 706 of title 5, United States Code is amend23 ed— 

24 (1) by striking ‘‘To the extent necessary’’ and 

25 inserting ‘‘(a) To the extent necessary’’; 


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1 (2) in paragraph (2)(A) of subsection (a) (as 

2 designated by paragraph (1) of this section), by in3 serting after ‘‘in accordance with law’’ the following: 

4 ‘‘(including the Information Quality Act)’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(b) The court shall not defer to the agency’s— 

7 ‘‘(1) interpretation of an agency rule if the 

8 agency did not comply with the procedures of section 

9 553 or sections 556–557 of chapter 5 of this title to 

10 issue the interpretation; 

11 ‘‘(2) determination of the costs and benefits or 

12 other economic or risk assessment of the action, if 

13 the agency failed to conform to guidelines on such 

14 determinations and assessments established by the 

15 Administrator of the Office of Information and Reg16 ulatory Affairs under section 553(k); 

17 ‘‘(3) determinations made in the adoption of an 

18 interim rule; or 

19 ‘‘(4) guidance. 

20 ‘‘(c) The court shall review agency denials of petitions 

21 under section 553(e)(6) or any other petition for a hearing 

22 under sections 556 and 557 for abuse of agency discre23 tion.’’. 


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1 SEC. 208. ADDED DEFINITION. 

2 Section 701(b) of title 5, United States Code, is 

3 amended— 

4 (1) in paragraph (1), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (2), by striking the period at 

7 the end, and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(3) ‘substantial evidence’ means such relevant 

10 evidence as a reasonable mind might accept as ade11 quate to support a conclusion in light of the record 

12 considered as a whole, taking into account whatever 

13 in the record fairly detracts from the weight of the 

14 evidence relied upon by the agency to support its de15 cision.’’. 

16 SEC. 209. EFFECTIVE DATE. 

17 The amendments made by this title to— 

18 (1) sections 553, 556, and 704 of title 5, 

19 United States Code; 

20 (2) subsection (b) of section 701 of such title; 

21 (3) paragraphs (2) and (3) of section 706(b) of 

22 such title; and 

23 (4) subsection (c) of section 706 of such title, 

24 shall not apply to any rule makings pending or completed 

25 on the date of enactment of this title. 


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1 TITLE III—REGULATORY FLEXI2 BILITY IMPROVEMENTS ACT 

3 SEC. 301. SHORT TITLE. 

4 This title may be cited as the ‘‘Regulatory Flexibility 

5 Improvements Act of 2014’’. 

6 SEC. 302. CLARIFICATION AND EXPANSION OF RULES COV7 ERED BY THE REGULATORY FLEXIBILITY 

8 ACT. 

9 (a) IN GENERAL.—Paragraph (2) of section 601 of 

10 title 5, United States Code, is amended to read as follows: 

11 ‘‘(2) RULE.—The term ‘rule’ has the meaning 

12 given such term in section 551(4) of this title, ex13 cept that such term does not include a rule per14 taining to the protection of the rights of and benefits 

15 for veterans or a rule of particular (and not general) 

16 applicability relating to rates, wages, corporate or fi17 nancial structures or reorganizations thereof, prices, 

18 facilities, appliances, services, or allowances therefor 

19 or to valuations, costs or accounting, or practices re20 lating to such rates, wages, structures, prices, appli21 ances, services, or allowances.’’. 

22 (b) INCLUSION OF RULES WITH INDIRECT EF23 FECTS.—Section 601 of title 5, United States Code, is 

24 amended by adding at the end the following new para25 graph: 


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1 ‘‘(9) ECONOMIC IMPACT.—The term ‘economic 

2 impact’ means, with respect to a proposed or final 

3 rule— 

4 ‘‘(A) any direct economic effect on small 

5 entities of such rule; and 

6 ‘‘(B) any indirect economic effect (includ7 ing compliance costs and effects on revenue) on 

8 small entities which is reasonably foreseeable 

9 and results from such rule (without regard to 

10 whether small entities will be directly regulated 

11 by the rule).’’. 

12 (c) INCLUSION OF RULES WITH BENEFICIAL EF13 FECTS.— 

14 (1) INITIAL REGULATORY FLEXIBILITY ANAL15 YSIS.—Subsection (c) of section 603 of title 5, 

16 United States Code, is amended by striking the first 

17 sentence and inserting ‘‘Each initial regulatory flexi18 bility analysis shall also contain a detailed descrip19 tion of alternatives to the proposed rule which mini20 mize any adverse significant economic impact or 

21 maximize any beneficial significant economic impact 

22 on small entities.’’. 

23 (2) FINAL REGULATORY FLEXIBILITY ANAL24 YSIS.—The first paragraph (6) of section 604(a) of 

25 title 5, United States Code, is amended by striking 


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1 ‘‘minimize the significant economic impact’’ and in2 serting ‘‘minimize the adverse significant economic 

3 impact or maximize the beneficial significant eco4 nomic impact’’. 

5 (d) INCLUSION OF RULES AFFECTING TRIBAL ORGA6 NIZATIONS.—Paragraph (5) of section 601 of title 5, 

7 United States Code, is amended by inserting ‘‘and tribal 

8 organizations (as defined in section 4(l) of the Indian Self9 Determination and Education Assistance Act (25 U.S.C. 

10 450b(l))),’’ after ‘‘special districts,’’. 

11 (e) INCLUSION OF LAND MANAGEMENT PLANS AND

12 FORMAL RULEMAKING.— 

13 (1) INITIAL REGULATORY FLEXIBILITY ANAL14 YSIS.—Subsection (a) of section 603 of title 5, 

15 United States Code, is amended in the first sen16 tence— 

17 (A) by striking ‘‘or’’ after ‘‘proposed 

18 rule,’’; and 

19 (B) by inserting ‘‘or publishes a revision or 

20 amendment to a land management plan,’’ after 

21 ‘‘United States,’’. 

22 (2) FINAL REGULATORY FLEXIBILITY ANAL23 YSIS.—Subsection (a) of section 604 of title 5, 

24 United States Code, is amended in the first sen25 tence— 


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1 (A) by striking ‘‘or’’ after ‘‘proposed rule2 making,’’; and 

3 (B) by inserting ‘‘or adopts a revision or 

4 amendment to a land management plan,’’ after 

5 ‘‘section 603(a),’’. 

6 (3) LAND MANAGEMENT PLAN DEFINED.—Sec7 tion 601 of title 5, United States Code, is amended 

8 by adding at the end the following new paragraph: 

9 ‘‘(10) LAND MANAGEMENT PLAN.— 

10 ‘‘(A) IN GENERAL.—The term ‘land man11 agement plan’ means— 

12 ‘‘(i) any plan developed by the Sec13 retary of Agriculture under section 6 of 

14 the Forest and Rangeland Renewable Re15 sources Planning Act of 1974 (16 U.S.C. 

16 1604); and 

17 ‘‘(ii) any plan developed by the Sec18 retary of the Interior under section 202 of 

19 the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1712). 

21 ‘‘(B) REVISION.—The term ‘revision’ 

22 means any change to a land management plan 

23 which— 

24 ‘‘(i) in the case of a plan described in 

25 subparagraph (A)(i), is made under section 


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1 6(f)(5) of the Forest and Rangeland Re2 newable Resources Planning Act of 1974 

3 (16 U.S.C. 1604(f)(5)); or 

4 ‘‘(ii) in the case of a plan described in 

5 subparagraph (A)(ii), is made under sec6 tion 1610.5–6 of title 43, Code of Federal 

7 Regulations (or any successor regulation). 

8 ‘‘(C) AMENDMENT.—The term ‘amend9 ment’ means any change to a land management 

10 plan which— 

11 ‘‘(i) in the case of a plan described in 

12 subparagraph (A)(i), is made under section 

13 6(f)(4) of the Forest and Rangeland Re14 newable Resources Planning Act of 1974 

15 (16 U.S.C. 1604(f)(4)) and with respect to 

16 which the Secretary of Agriculture pre17 pares a statement described in section 

18 102(2)(C) of the National Environmental 

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

20 4332(2)(C)); or 

21 ‘‘(ii) in the case of a plan described in 

22 subparagraph (A)(ii), is made under sec23 tion 1610.5–5 of title 43, Code of Federal 

24 Regulations (or any successor regulation) 

25 and with respect to which the Secretary of 


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1 the Interior prepares a statement described 

2 in section 102(2)(C) of the National Envi3 ronmental Policy Act of 1969 (42 U.S.C. 

4 4332(2)(C)).’’. 

5 (f) INCLUSION OF CERTAIN INTERPRETIVE RULES

6 INVOLVING THE INTERNAL REVENUE LAWS.— 

7 (1) IN GENERAL.—Subsection (a) of section 

8 603 of title 5, United States Code, is amended by 

9 striking the period at the end and inserting ‘‘or a 

10 recordkeeping requirement, and without regard to 

11 whether such requirement is imposed by statute or 

12 regulation.’’. 

13 (2) COLLECTION OF INFORMATION.—Paragraph 

14 (7) of section 601 of title 5, United States Code, is 

15 amended to read as follows: 

16 ‘‘(7) COLLECTION OF INFORMATION.—The term 

17 ‘collection of information’ has the meaning given 

18 such term in section 3502(3) of title 44.’’. 

19 (3) RECORDKEEPING REQUIREMENT.—Para20 graph (8) of section 601 of title 5, United States 

21 Code, is amended to read as follows: 

22 ‘‘(8) RECORDKEEPING REQUIREMENT.—The 

23 term ‘recordkeeping requirement’ has the meaning 

24 given such term in section 3502(13) of title 44.’’. 


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1 (g) DEFINITION OF SMALL ORGANIZATION.—Para2 graph (4) of section 601 of title 5, United States Code, 

3 is amended to read as follows: 

4 ‘‘(4) SMALL ORGANIZATION.— 

5 ‘‘(A) IN GENERAL.—The term ‘small orga6 nization’ means any not-for-profit enterprise 

7 which, as of the issuance of the notice of pro8 posed rulemaking— 

9 ‘‘(i) in the case of an enterprise which 

10 is described by a classification code of the 

11 North American Industrial Classification 

12 System, does not exceed the size standard 

13 established by the Administrator of the 

14 Small Business Administration pursuant to 

15 section 3 of the Small Business Act (15 

16 U.S.C. 632) for small business concerns 

17 described by such classification code; and 

18 ‘‘(ii) in the case of any other enter19 prise, has a net worth that does not exceed 

20 $7,000,000 and has not more than 500 

21 employees. 

22 ‘‘(B) LOCAL LABOR ORGANIZATIONS.—In 

23 the case of any local labor organization, sub24 paragraph (A) shall be applied without regard 


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1 to any national or international organization of 

2 which such local labor organization is a part. 

3 ‘‘(C) AGENCY DEFINITIONS.—Subpara4 graphs (A) and (B) shall not apply to the ex5 tent that an agency, after consultation with the 

6 Office of Advocacy of the Small Business Ad7 ministration and after opportunity for public 

8 comment, establishes one or more definitions 

9 for such term which are appropriate to the ac10 tivities of the agency and publishes such defini11 tions in the Federal Register.’’. 

12 SEC. 303. EXPANSION OF REPORT OF REGULATORY AGEN13 DA. 

14 Section 602 of title 5, United States Code, is amend15 ed— 

16 (1) in subsection (a)— 

17 (A) in paragraph (2), by striking ‘‘, and’’ 

18 at the end and inserting ‘‘;’’; 

19 (B) by redesignating paragraph (3) as 

20 paragraph (4); and 

21 (C) by inserting after paragraph (2) the 

22 following: 

23 ‘‘(3) a brief description of the sector of the 

24 North American Industrial Classification System 

25 that is primarily affected by any rule which the 


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1 agency expects to propose or promulgate which is 

2 likely to have a significant economic impact on a 

3 substantial number of small entities; and’’; and 

4 (2) in subsection (c), to read as follows: 

5 ‘‘(c) Each agency shall prominently display a plain 

6 language summary of the information contained in the 

7 regulatory flexibility agenda published under subsection 

8 (a) on its website within 3 days of its publication in the 

9 Federal Register. The Office of Advocacy of the Small 

10 Business Administration shall compile and prominently 

11 display a plain language summary of the regulatory agen12 das referenced in subsection (a) for each agency on its 

13 website within 3 days of their publication in the Federal 

14 Register.’’. 

15 SEC. 304. REQUIREMENTS PROVIDING FOR MORE DE16 TAILED ANALYSES. 

17 (a) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 

18 Subsection (b) of section 603 of title 5, United States 

19 Code, is amended to read as follows: 

20 ‘‘(b) Each initial regulatory flexibility analysis re21 quired under this section shall contain a detailed state22 ment— 

23 ‘‘(1) describing the reasons why action by the 

24 agency is being considered; 


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1 ‘‘(2) describing the objectives of, and legal basis 

2 for, the proposed rule; 

3 ‘‘(3) estimating the number and type of small 

4 entities to which the proposed rule will apply; 

5 ‘‘(4) describing the projected reporting, record6 keeping, and other compliance requirements of the 

7 proposed rule, including an estimate of the classes of 

8 small entities which will be subject to the require9 ment and the type of professional skills necessary 

10 for preparation of the report and record; 

11 ‘‘(5) describing all relevant Federal rules which 

12 may duplicate, overlap, or conflict with the proposed 

13 rule, or the reasons why such a description could not 

14 be provided; 

15 ‘‘(6) estimating the additional cumulative eco16 nomic impact of the proposed rule on small entities 

17 beyond that already imposed on the class of small 

18 entities by the agency or why such an estimate is 

19 not available; 

20 ‘‘(7) describing any disproportionate economic 

21 impact on small entities or a specific class of small 

22 entities; and 

23 ‘‘(8) describing any impairment of the ability of 

24 small entities to have access to credit.’’. 

25 (b) FINAL REGULATORY FLEXIBILITY ANALYSIS.— 


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1 (1) IN GENERAL.—Section 604(a) of title 5, 

2 United States Code, is amended— 

3 (A) in paragraph (4), by striking ‘‘an ex4 planation’’ and inserting ‘‘a detailed expla5 nation’’; 

6 (B) in each of paragraphs (4), (5), and the 

7 first paragraph (6), by inserting ‘‘detailed’’ be8 fore ‘‘description’’; 

9 (C) in the second paragraph (6), by strik10 ing the period and inserting ‘‘; and’’; 

11 (D) by redesignating the second paragraph 

12 (6) as paragraph (7); and 

13 (E) by adding at the end the following: 

14 ‘‘(8) a detailed description of any dispropor15 tionate economic impact on small entities or a spe16 cific class of small entities.’’. 

17 (2) INCLUSION OF RESPONSE TO COMMENTS ON

18 CERTIFICATION OF PROPOSED RULE.—Paragraph 

19 (2) of section 604(a) of title 5, United States Code, 

20 is amended by inserting ‘‘(or certification of the pro21 posed rule under section 605(b))’’ after ‘‘initial reg22 ulatory flexibility analysis’’. 

23 (3) PUBLICATION OF ANALYSIS ON WEBSITE.— 

24 Subsection (b) of section 604 of title 5, United 

25 States Code, is amended to read as follows: 


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1 ‘‘(b) The agency shall make copies of the final regu2 latory flexibility analysis available to the public, including 

3 placement of the entire analysis on the agency’s website, 

4 and shall publish in the Federal Register the final regu5 latory flexibility analysis, or a summary thereof which in6 cludes the telephone number, mailing address, and link to 

7 the website where the complete analysis may be ob8 tained.’’. 

9 (c) CROSS-REFERENCES TO OTHER ANALYSES.— 

10 Subsection (a) of section 605 of title 5, United States 

11 Code, is amended to read as follows: 

12 ‘‘(a) A Federal agency shall be treated as satisfying 

13 any requirement regarding the content of an agenda or 

14 regulatory flexibility analysis under section 602, 603, or 

15 604, if such agency provides in such agenda or analysis 

16 a cross-reference to the specific portion of another agenda 

17 or analysis which is required by any other law and which 

18 satisfies such requirement.’’. 

19 (d) CERTIFICATIONS.—Subsection (b) of section 605 

20 of title 5, United States Code, is amended— 

21 (1) by inserting ‘‘detailed’’ before ‘‘statement’’ 

22 the first place it appears; and 

23 (2) by inserting ‘‘and legal’’ after ‘‘factual’’. 


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1 (e) QUANTIFICATION REQUIREMENTS.—Section 607 

2 of title 5, United States Code, is amended to read as fol3 lows: 

4 ‘‘§ 607. Quantification requirements 

5 ‘‘In complying with sections 603 and 604, an agency 

6 shall provide— 

7 ‘‘(1) a quantifiable or numerical description of 

8 the effects of the proposed or final rule and alter9 natives to the proposed or final rule; or 

10 ‘‘(2) a more general descriptive statement and 

11 a detailed statement explaining why quantification is 

12 not practicable or reliable.’’. 

13 SEC. 305. REPEAL OF WAIVER AND DELAY AUTHORITY; AD14 DITIONAL POWERS OF THE CHIEF COUNSEL 

15 FOR ADVOCACY. 

16 (a) IN GENERAL.—Section 608 is amended to read 

17 as follows: 

18 ‘‘§ 608. Additional powers of Chief Counsel for Advo19 cacy 

20 ‘‘(a)(1) Not later than 270 days after the date of the 

21 enactment of this section, the Chief Counsel for Advocacy 

22 of the Small Business Administration shall, after oppor23 tunity for notice and comment under section 553, issue 

24 rules governing agency compliance with this chapter. The 

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1 tice and comment under section 553. This chapter (other 

2 than this subsection) shall not apply with respect to the 

3 issuance, modification, and amendment of rules under this 

4 paragraph. 

5 ‘‘(2) An agency shall not issue rules which supple6 ment the rules issued under subsection (a) unless such 

7 agency has first consulted with the Chief Counsel for Ad8 vocacy to ensure that such supplemental rules comply with 

9 this chapter and the rules issued under paragraph (1). 

10 ‘‘(b) Notwithstanding any other law, the Chief Coun11 sel for Advocacy of the Small Business Administration 

12 may intervene in any agency adjudication (unless such 

13 agency is authorized to impose a fine or penalty under 

14 such adjudication), and may inform the agency of the im15 pact that any decision on the record may have on small 

16 entities. The Chief Counsel shall not initiate an appeal 

17 with respect to any adjudication in which the Chief Coun18 sel intervenes under this subsection. 

19 ‘‘(c) The Chief Counsel for Advocacy may file com20 ments in response to any agency notice requesting com21 ment, regardless of whether the agency is required to file 

22 a general notice of proposed rulemaking under section 

23 553.’’. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 611(a)(1) of such title is amended 

2 by striking ‘‘608(b),’’. 

3 (2) Section 611(a)(2) of such title is amended 

4 by striking ‘‘608(b),’’. 

5 (3) Section 611(a)(3) of such title is amend6 ed— 

7 (A) by striking subparagraph (B); and 

8 (B) by striking ‘‘(3)(A) A small entity’’ 

9 and inserting the following: 

10 ‘‘(3) A small entity’’. 

11 SEC. 306. PROCEDURES FOR GATHERING COMMENTS. 

12 Section 609 of title 5, United States Code, is amend13 ed by striking subsection (b) and all that follows through 

14 the end of the section and inserting the following: 

15 ‘‘(b)(1) Prior to publication of any proposed rule de16 scribed in subsection (e), an agency making such rule shall 

17 notify the Chief Counsel for Advocacy of the Small Busi18 ness Administration and provide the Chief Counsel with— 

19 ‘‘(A) all materials prepared or utilized by the 

20 agency in making the proposed rule, including the 

21 draft of the proposed rule; and 

22 ‘‘(B) information on the potential adverse and 

23 beneficial economic impacts of the proposed rule on 

24 small entities and the type of small entities that 

25 might be affected. 


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1 ‘‘(2) An agency shall not be required under para2 graph (1) to provide the exact language of any draft if 

3 the rule— 

4 ‘‘(A) relates to the internal revenue laws of the 

5 United States; or 

6 ‘‘(B) is proposed by an independent regulatory 

7 agency (as defined in section 3502(5) of title 44). 

8 ‘‘(c) Not later than 15 days after the receipt of such 

9 materials and information under subsection (b), the Chief 

10 Counsel for Advocacy of the Small Business Administra11 tion shall— 

12 ‘‘(1) identify small entities or representatives of 

13 small entities or a combination of both for the pur14 pose of obtaining advice, input, and recommenda15 tions from those persons about the potential eco16 nomic impacts of the proposed rule and the compli17 ance of the agency with section 603; and 

18 ‘‘(2) convene a review panel consisting of an 

19 employee from the Office of Advocacy of the Small 

20 Business Administration, an employee from the 

21 agency making the rule, and in the case of an agen22 cy other than an independent regulatory agency (as 

23 defined in section 3502(5) of title 44), an employee 

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1 view the materials and information provided to the 

2 Chief Counsel under subsection (b). 

3 ‘‘(d)(1) Not later than 60 days after the review panel 

4 described in subsection (c)(2) is convened, the Chief Coun5 sel for Advocacy of the Small Business Administration 

6 shall, after consultation with the members of such panel, 

7 submit a report to the agency and, in the case of an agen8 cy other than an independent regulatory agency (as de9 fined in section 3502(5) of title 44), the Office of Informa10 tion and Regulatory Affairs of the Office of Management 

11 and Budget. 

12 ‘‘(2) Such report shall include an assessment of the 

13 economic impact of the proposed rule on small entities, 

14 including an assessment of the proposed rule’s impact on 

15 the cost that small entities pay for energy, an assessment 

16 of the proposed rule’s impact on start-up costs for small 

17 entities, and a discussion of any alternatives that will min18 imize adverse significant economic impacts or maximize 

19 beneficial significant economic impacts on small entities. 

20 ‘‘(3) Such report shall become part of the rulemaking 

21 record. In the publication of the proposed rule, the agency 

22 shall explain what actions, if any, the agency took in re23 sponse to such report. 

24 ‘‘(e) A proposed rule is described by this subsection 

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1 ulatory Affairs of the Office of Management and Budget, 

2 the head of the agency (or the delegatee of the head of 

3 the agency), or an independent regulatory agency deter4 mines that the proposed rule is likely to result in— 

5 ‘‘(1) an annual effect on the economy of 

6 $100,000,000 or more; 

7 ‘‘(2) a major increase in costs or prices for con8 sumers, individual industries, Federal, State, or local 

9 governments, tribal organizations, or geographic re10 gions; 

11 ‘‘(3) significant adverse effects on competition, 

12 employment, investment, productivity, innovation, or 

13 on the ability of United States-based enterprises to 

14 compete with foreign-based enterprises in domestic 

15 and export markets; or 

16 ‘‘(4) a significant economic impact on a sub17 stantial number of small entities. 

18 ‘‘(f) Upon application by the agency, the Chief Coun19 sel for Advocacy of the Small Business Administration 

20 may waive the requirements of subsections (b) through (e) 

21 if the Chief Counsel determines that compliance with the 

22 requirements of such subsections are impracticable, un23 necessary, or contrary to the public interest. 

24 ‘‘(g) A small entity or a representative of a small enti25 ty may submit a request that the agency provide a copy 


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1 of the report prepared under subsection (d) and all mate2 rials and information provided to the Chief Counsel for 

3 Advocacy of the Small Business Administration under 

4 subsection (b). The agency receiving such request shall 

5 provide the report, materials and information to the re6 questing small entity or representative of a small entity 

7 not later than 10 business days after receiving such re8 quest, except that the agency shall not disclose any infor9 mation that is prohibited from disclosure to the public 

10 pursuant to section 552(b) of this title.’’. 

11 SEC. 307. PERIODIC REVIEW OF RULES. 

12 Section 610 of title 5, United States Code, is amend13 ed to read as follows: 

14 ‘‘§ 610. Periodic review of rules 

15 ‘‘(a) Not later than 180 days after the enactment of 

16 this section, each agency shall publish in the Federal Reg17 ister and place on its website a plan for the periodic review 

18 of rules issued by the agency which the head of the agency 

19 determines have a significant economic impact on a sub20 stantial number of small entities. Such determination shall 

21 be made without regard to whether the agency performed 

22 an analysis under section 604. The purpose of the review 

23 shall be to determine whether such rules should be contin24 ued without change, or should be amended or rescinded, 

25 consistent with the stated objectives of applicable statutes, 


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1 to minimize any adverse significant economic impacts or 

2 maximize any beneficial significant economic impacts on 

3 a substantial number of small entities. Such plan may be 

4 amended by the agency at any time by publishing the revi5 sion in the Federal Register and subsequently placing the 

6 amended plan on the agency’s website. 

7 ‘‘(b) The plan shall provide for the review of all such 

8 agency rules existing on the date of the enactment of this 

9 section within 10 years of the date of publication of the 

10 plan in the Federal Register and for review of rules adopt11 ed after the date of enactment of this section within 10 

12 years after the publication of the final rule in the Federal 

13 Register. If the head of the agency determines that com14 pletion of the review of existing rules is not feasible by 

15 the established date, the head of the agency shall so certify 

16 in a statement published in the Federal Register and may 

17 extend the review for not longer than 2 years after publi18 cation of notice of extension in the Federal Register. Such 

19 certification and notice shall be sent to the Chief Counsel 

20 for Advocacy of the Small Business Administration and 

21 the Congress. 

22 ‘‘(c) The plan shall include a section that details how 

23 an agency will conduct outreach to and meaningfully in24 clude small businesses (including small business concerns 

25 owned and controlled by women, small business concerns 


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1 owned and controlled by veterans, and small business con2 cerns owned and controlled by socially and economically 

3 disadvantaged individuals (as such terms are defined in 

4 the Small Business Act)) for the purposes of carrying out 

5 this section. The agency shall include in this section a plan 

6 for how the agency will contact small businesses and gath7 er their input on existing agency rules. 

8 ‘‘(d) Each agency shall annually submit a report re9 garding the results of its review pursuant to such plan 

10 to the Congress, the Chief Counsel for Advocacy of the 

11 Small Business Administration, and, in the case of agen12 cies other than independent regulatory agencies (as de13 fined in section 3502(5) of title 44) to the Administrator 

14 of the Office of Information and Regulatory Affairs of the 

15 Office of Management and Budget. Such report shall in16 clude the identification of any rule with respect to which 

17 the head of the agency made a determination described 

18 in paragraph (5) or (6) of subsection (e) and a detailed 

19 explanation of the reasons for such determination. 

20 ‘‘(e) In reviewing a rule pursuant to subsections (a) 

21 through (d), the agency shall amend or rescind the rule 

22 to minimize any adverse significant economic impact on 

23 a substantial number of small entities or disproportionate 

24 economic impact on a specific class of small entities, or 

25 maximize any beneficial significant economic impact of the 


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1 rule on a substantial number of small entities to the great2 est extent possible, consistent with the stated objectives 

3 of applicable statutes. In amending or rescinding the rule, 

4 the agency shall consider the following factors: 

5 ‘‘(1) The continued need for the rule. 

6 ‘‘(2) The nature of complaints received by the 

7 agency from small entities concerning the rule. 

8 ‘‘(3) Comments by the Regulatory Enforcement 

9 Ombudsman and the Chief Counsel for Advocacy of 

10 the Small Business Administration. 

11 ‘‘(4) The complexity of the rule. 

12 ‘‘(5) The extent to which the rule overlaps, du13 plicates, or conflicts with other Federal rules and, 

14 unless the head of the agency determines it to be in15 feasible, State, territorial, and local rules. 

16 ‘‘(6) The contribution of the rule to the cumu17 lative economic impact of all Federal rules on the 

18 class of small entities affected by the rule, unless the 

19 head of the agency determines that such calculations 

20 cannot be made and reports that determination in 

21 the annual report required under subsection (d). 

22 ‘‘(7) The length of time since the rule has been 

23 evaluated or the degree to which technology, eco24 nomic conditions, or other factors have changed in 

25 the area affected by the rule. 


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1 ‘‘(f) Each year, each agency shall publish in the Fed2 eral Register and on its website a list of rules to be re3 viewed pursuant to such plan. The agency shall include 

4 in the publication a solicitation of public comments on any 

5 further inclusions or exclusions of rules from the list, and 

6 shall respond to such comments. Such publication shall 

7 include a brief description of the rule, the reason why the 

8 agency determined that it has a significant economic im9 pact on a substantial number of small entities (without 

10 regard to whether it had prepared a final regulatory flexi11 bility analysis for the rule), and request comments from 

12 the public, the Chief Counsel for Advocacy of the Small 

13 Business Administration, and the Regulatory Enforce14 ment Ombudsman concerning the enforcement of the 

15 rule.’’. 

16 SEC. 308. JUDICIAL REVIEW OF COMPLIANCE WITH THE RE17 QUIREMENTS OF THE REGULATORY FLEXI18 BILITY ACT AVAILABLE AFTER PUBLICATION 

19 OF THE FINAL RULE. 

20 (a) IN GENERAL.—Paragraph (1) of section 611(a) 

21 of title 5, United States Code, is amended by striking 

22 ‘‘final agency action’’ and inserting ‘‘such rule’’. 

23 (b) JURISDICTION.—Paragraph (2) of such section is 

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1 tion if publication of the final rule constituted final agency 

2 action)’’ after ‘‘provision of law,’’. 

3 (c) TIME FOR BRINGING ACTION.—Paragraph (3) of 

4 such section is amended— 

5 (1) by striking ‘‘final agency action’’ and insert6 ing ‘‘publication of the final rule’’; and 

7 (2) by inserting ‘‘, in the case of a rule for 

8 which the date of final agency action is the same 

9 date as the publication of the final rule,’’ after ‘‘ex10 cept that’’. 

11 (d) INTERVENTION BY CHIEF COUNSEL FOR ADVO12 CACY.—Subsection (b) of section 612 of title 5, United 

13 States Code, is amended by inserting before the first pe14 riod ‘‘or agency compliance with section 601, 603, 604, 

15 605(b), 609, or 610’’. 

16 SEC. 309. JURISDICTION OF COURT OF APPEALS OVER 

17 RULES IMPLEMENTING THE REGULATORY 

18 FLEXIBILITY ACT. 

19 (a) IN GENERAL.—Section 2342 of title 28, United 

20 States Code, is amended— 

21 (1) in paragraph (6), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (7), by striking the period at 

24 the end and inserting ‘‘; and’’; and 


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1 (3) by inserting after paragraph (7) the fol2 lowing new paragraph: 

3 ‘‘(8) all final rules under section 608(a) of title 

4 5.’’. 

5 (b) CONFORMING AMENDMENTS.—Paragraph (3) of 

6 section 2341 of title 28, United States Code, is amended— 

7 (1) in subparagraph (D), by striking ‘‘and’’ at 

8 the end; 

9 (2) in subparagraph (E), by striking the period 

10 at the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(F) the Office of Advocacy of the Small 

14 Business Administration, when the final rule is 

15 under section 608(a) of title 5.’’. 

16 (c) AUTHORIZATION TO INTERVENE AND COMMENT

17 ON AGENCY COMPLIANCE WITH ADMINISTRATIVE PROCE18 DURE.—Subsection (b) of section 612 of title 5, United 

19 States Code, is amended by inserting ‘‘chapter 5, and 

20 chapter 7,’’ after ‘‘this chapter,’’. 


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1 SEC. 310. ESTABLISHMENT AND APPROVAL OF SMALL BUSI2 NESS CONCERN SIZE STANDARDS BY CHIEF 

3 COUNSEL FOR ADVOCACY. 

4 (a) IN GENERAL.—Subparagraph (A) of section 

5 3(a)(2) of the Small Business Act (15 U.S.C. 

6 632(a)(2)(A)) is amended to read as follows: 

7 ‘‘(A) IN GENERAL.—In addition to the cri8 teria specified in paragraph (1)— 

9 ‘‘(i) the Administrator may specify de10 tailed definitions or standards by which a 

11 business concern may be determined to be 

12 a small business concern for purposes of 

13 this Act or the Small Business Investment 

14 Act of 1958; and 

15 ‘‘(ii) the Chief Counsel for Advocacy 

16 may specify such definitions or standards 

17 for purposes of any other Act.’’. 

18 (b) APPROVAL BY CHIEF COUNSEL.—Clause (iii) of 

19 section 3(a)(2)(C) of the Small Business Act (15 U.S.C. 

20 632(a)(2)(C)(iii)) is amended to read as follows: 

21 ‘‘(iii) except in the case of a size 

22 standard prescribed by the Administrator, 

23 is approved by the Chief Counsel for Advo24 cacy.’’. 


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1 (c) INDUSTRY VARIATION.—Paragraph (3) of section 

2 3(a) of the Small Business Act (15 U.S.C. 632(a)(3)) is 

3 amended— 

4 (1) by inserting ‘‘or Chief Counsel for Advo5 cacy, as appropriate’’ before ‘‘shall ensure’’; and 

6 (2) by inserting ‘‘or Chief Counsel for Advo7 cacy’’ before the period at the end. 

8 (d) JUDICIAL REVIEW OF SIZE STANDARDS AP9 PROVED BY CHIEF COUNSEL.—Section 3(a) of the Small 

10 Business Act (15 U.S.C. 632(a)) is amended by adding 

11 at the end the following new paragraph: 

12 ‘‘(9) JUDICIAL REVIEW OF STANDARDS AP13 PROVED BY CHIEF COUNSEL.—In the case of an ac14 tion for judicial review of a rule which includes a 

15 definition or standard approved by the Chief Counsel 

16 for Advocacy under this subsection, the party seek17 ing such review shall be entitled to join the Chief 

18 Counsel as a party in such action.’’. 

19 SEC. 311. CLERICAL AMENDMENTS. 

20 (a) DEFINITIONS.—Section 601 of title 5, United 

21 States Code, is amended— 

22 (1) in paragraph (1)— 

23 (A) by striking the semicolon at the end 

24 and inserting a period; and 


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1 (B) by striking ‘‘(1) the term’’ and insert2 ing the following: 

3 ‘‘(1) AGENCY.—The term’’; 

4 (2) in paragraph (3)— 

5 (A) by striking the semicolon at the end 

6 and inserting a period; and 

7 (B) by striking ‘‘(3) the term’’ and insert8 ing the following: 

9 ‘‘(3) SMALL BUSINESS.—The term’’; 

10 (3) in paragraph (5)— 

11 (A) by striking the semicolon at the end 

12 and inserting a period; and 

13 (B) by striking ‘‘(5) the term’’ and insert14 ing the following: 

15 ‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— 

16 The term’’; and 

17 (4) in paragraph (6)— 

18 (A) by striking ‘‘; and’’ and inserting a pe19 riod; and 

20 (B) by striking ‘‘(6) the term’’ and insert21 ing the following: 

22 ‘‘(6) SMALL ENTITY.—The term’’. 

23 (b) INCORPORATIONS BY REFERENCE AND CERTIFI24 CATIONS.—The heading of section 605 of title 5, United 

25 States Code, is amended to read as follows: 


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1 ‘‘§ 605. Incorporations by reference and certifi2 cations’’. 

3 (c) TABLE OF SECTIONS.—The table of sections for 

4 chapter 6 of title 5, United States Code, is amended— 

5 (1) by striking the item relating to section 605 

6 and inserting the following new item: 

‘‘605. Incorporations by reference and certifications.’’; 

7 (2) by striking the item relating to section 607 

8 and inserting the following new item: 

‘‘607. Quantification requirements.’’; 

9 and 

10 (3) by striking the item relating to section 608 

11 and inserting the following: 

‘‘608. Additional powers of Chief Counsel for Advocacy.’’. 

12 (d) OTHER CLERICAL AMENDMENTS TO CHAPTER

13 6.—Chapter 6 of title 5, United States Code, is amended 

14 in section 603(d)— 

15 (1) by striking paragraph (2); 

16 (2) by striking ‘‘(1) For a covered agency,’’ and 

17 inserting ‘‘For a covered agency,’’; 

18 (3) by striking ‘‘(A) any’’ and inserting ‘‘(1) 

19 any’’; 

20 (4) by striking ‘‘(B) any’’ and inserting ‘‘(2) 

21 any’’; and 

22 (5) by striking ‘‘(C) advice’’ and inserting ‘‘(3) 

23 advice’’. 


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1 SEC. 312. AGENCY PREPARATION OF GUIDES. 

2 Section 212(a)(5) the Small Business Regulatory En3 forcement Fairness Act of 1996 (5 U.S.C. 601 note) is 

4 amended to read as follows: 

5 ‘‘(5) AGENCY PREPARATION OF GUIDES.—The 

6 agency shall, in its sole discretion, taking into ac7 count the subject matter of the rule and the lan8 guage of relevant statutes, ensure that the guide is 

9 written using sufficiently plain language likely to be 

10 understood by affected small entities. Agencies may 

11 prepare separate guides covering groups or classes of 

12 similarly affected small entities and may cooperate 

13 with associations of small entities to distribute such 

14 guides. In developing guides, agencies shall solicit 

15 input from affected small entities or associations of 

16 affected small entities. An agency may prepare 

17 guides and apply this section with respect to a rule 

18 or a group of related rules.’’. 

19 SEC. 313. COMPTROLLER GENERAL REPORT. 

20 Not later than 90 days after the date of enactment 

21 of this title, the Comptroller General of the United States 

22 shall complete and publish a study that examines whether 

23 the Chief Counsel for Advocacy of the Small Business Ad24 ministration has the capacity and resources to carry out 

25 the duties of the Chief Counsel under this title and the 

26 amendments made by this title. 


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1 TITLE IV—SUNSHINE FOR REGU2 LATORY DECREES AND SET3 TLEMENTS ACT 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘Sunshine for Regu6 latory Decrees and Settlements Act of 2014’’. 

7 SEC. 402. DEFINITIONS. 

8 In this title— 

9 (1) the terms ‘‘agency’’ and ‘‘agency action’’ 

10 have the meanings given those terms under section 

11 551 of title 5, United States Code; 

12 (2) the term ‘‘covered civil action’’ means a civil 

13 action— 

14 (A) seeking to compel agency action; 

15 (B) alleging that the agency is unlawfully 

16 withholding or unreasonably delaying an agency 

17 action relating to a regulatory action that would 

18 affect the rights of— 

19 (i) private persons other than the per20 son bringing the action; or 

21 (ii) a State, local, or tribal govern22 ment; and 

23 (C) brought under— 

24 (i) chapter 7 of title 5, United States 

25 Code; or 


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1 (ii) any other statute authorizing such 

2 an action; 

3 (3) the term ‘‘covered consent decree’’ means— 

4 (A) a consent decree entered into in a cov5 ered civil action; and 

6 (B) any other consent decree that requires 

7 agency action relating to a regulatory action 

8 that affects the rights of— 

9 (i) private persons other than the per10 son bringing the action; or 

11 (ii) a State, local, or tribal govern12 ment; 

13 (4) the term ‘‘covered consent decree or settle14 ment agreement’’ means a covered consent decree 

15 and a covered settlement agreement; and 

16 (5) the term ‘‘covered settlement agreement’’ 

17 means— 

18 (A) a settlement agreement entered into in 

19 a covered civil action; and 

20 (B) any other settlement agreement that 

21 requires agency action relating to a regulatory 

22 action that affects the rights of— 

23 (i) private persons other than the per24 son bringing the action; or 


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1 (ii) a State, local, or tribal govern2 ment. 

3 SEC. 403. CONSENT DECREE AND SETTLEMENT REFORM. 

4 (a) PLEADINGS AND PRELIMINARY MATTERS.— 

5 (1) IN GENERAL.—In any covered civil action, 

6 the agency against which the covered civil action is 

7 brought shall publish the notice of intent to sue and 

8 the complaint in a readily accessible manner, includ9 ing by making the notice of intent to sue and the 

10 complaint available online not later than 15 days 

11 after receiving service of the notice of intent to sue 

12 or complaint, respectively. 

13 (2) ENTRY OF A COVERED CONSENT DECREE

14 OR SETTLEMENT AGREEMENT.—A party may not 

15 make a motion for entry of a covered consent decree 

16 or to dismiss a civil action pursuant to a covered set17 tlement agreement until after the end of proceedings 

18 in accordance with paragraph (1) and subpara19 graphs (A) and (B) of paragraph (2) of subsection 

20 (d) or subsection (d)(3)(A), whichever is later. 

21 (b) INTERVENTION.— 

22 (1) REBUTTABLE PRESUMPTION.—In consid23 ering a motion to intervene in a covered civil action 

24 or a civil action in which a covered consent decree 

25 or settlement agreement has been proposed that is 


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1 filed by a person who alleges that the agency action 

2 in dispute would affect the person, the court shall 

3 presume, subject to rebuttal, that the interests of 

4 the person would not be represented adequately by 

5 the existing parties to the action. 

6 (2) STATE, LOCAL, AND TRIBAL GOVERN7 MENTS.—In considering a motion to intervene in a 

8 covered civil action or a civil action in which a cov9 ered consent decree or settlement agreement has 

10 been proposed that is filed by a State, local, or tribal 

11 government, the court shall take due account of 

12 whether the movant— 

13 (A) administers jointly with an agency that 

14 is a defendant in the action the statutory provi15 sions that give rise to the regulatory action to 

16 which the action relates; or 

17 (B) administers an authority under State, 

18 local, or tribal law that would be preempted by 

19 the regulatory action to which the action re20 lates. 

21 (c) SETTLEMENT NEGOTIATIONS.—Efforts to settle 

22 a covered civil action or otherwise reach an agreement on 

23 a covered consent decree or settlement agreement shall— 

24 (1) be conducted pursuant to the mediation or 

25 alternative dispute resolution program of the court 


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1 or by a district judge other than the presiding judge, 

2 magistrate judge, or special master, as determined 

3 appropriate by the presiding judge; and 

4 (2) include any party that intervenes in the ac5 tion. 

6 (d) PUBLICATION OF AND COMMENT ON COVERED

7 CONSENT DECREES OR SETTLEMENT AGREEMENTS.— 

8 (1) IN GENERAL.—Not later than 60 days be9 fore the date on which a covered consent decree or 

10 settlement agreement is filed with a court, the agen11 cy seeking to enter the covered consent decree or 

12 settlement agreement shall publish in the Federal 

13 Register and online— 

14 (A) the proposed covered consent decree or 

15 settlement agreement; and 

16 (B) a statement providing— 

17 (i) the statutory basis for the covered 

18 consent decree or settlement agreement; 

19 and 

20 (ii) a description of the terms of the 

21 covered consent decree or settlement agree22 ment, including whether it provides for the 

23 award of attorneys’ fees or costs and, if so, 

24 the basis for including the award. 

25 (2) PUBLIC COMMENT.— 


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1 (A) IN GENERAL.—An agency seeking to 

2 enter a covered consent decree or settlement 

3 agreement shall accept public comment during 

4 the period described in paragraph (1) on any 

5 issue relating to the matters alleged in the com6 plaint in the applicable civil action or addressed 

7 or affected by the proposed covered consent de8 cree or settlement agreement. 

9 (B) RESPONSE TO COMMENTS.—An agency 

10 shall respond to any comment received under 

11 subparagraph (A). 

12 (C) SUBMISSIONS TO COURT.—When mov13 ing that the court enter a proposed covered con14 sent decree or settlement agreement or for dis15 missal pursuant to a proposed covered consent 

16 decree or settlement agreement, an agency 

17 shall— 

18 (i) inform the court of the statutory 

19 basis for the proposed covered consent de20 cree or settlement agreement and its 

21 terms; 

22 (ii) submit to the court a summary of 

23 the comments received under subparagraph 

24 (A) and the response of the agency to the 

25 comments; 


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1 (iii) submit to the court a certified 

2 index of the administrative record of the 

3 notice and comment proceeding; and 

4 (iv) make the administrative record 

5 described in clause (iii) fully accessible to 

6 the court. 

7 (D) INCLUSION IN RECORD.—The court 

8 shall include in the court record for a civil ac9 tion the certified index of the administrative 

10 record submitted by an agency under subpara11 graph (C)(iii) and any documents listed in the 

12 index which any party or amicus curiae appear13 ing before the court in the action submits to the 

14 court. 

15 (3) PUBLIC HEARINGS PERMITTED.— 

16 (A) IN GENERAL.—After providing notice 

17 in the Federal Register and online, an agency 

18 may hold a public hearing regarding whether to 

19 enter into a proposed covered consent decree or 

20 settlement agreement. 

21 (B) RECORD.—If an agency holds a public 

22 hearing under subparagraph (A)— 

23 (i) the agency shall— 

24 (I) submit to the court a sum25 mary of the proceedings; 


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1 (II) submit to the court a cer2 tified index of the hearing record; and 

3 (III) provide access to the hear4 ing record to the court; and 

5 (ii) the full hearing record shall be in6 cluded in the court record. 

7 (4) MANDATORY DEADLINES.—If a proposed 

8 covered consent decree or settlement agreement re9 quires an agency action by a date certain, the agen10 cy shall, when moving for entry of the covered con11 sent decree or settlement agreement or dismissal 

12 based on the covered consent decree or settlement 

13 agreement, inform the court of— 

14 (A) any required regulatory action the 

15 agency has not taken that the covered consent 

16 decree or settlement agreement does not ad17 dress; 

18 (B) how the covered consent decree or set19 tlement agreement, if approved, would affect 

20 the discharge of the duties described in sub21 paragraph (A); and 

22 (C) why the effects of the covered consent 

23 decree or settlement agreement on the manner 

24 in which the agency discharges its duties is in 

25 the public interest. 


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1 (e) SUBMISSION BY THE GOVERNMENT.— 

2 (1) IN GENERAL.—For any proposed covered 

3 consent decree or settlement agreement that con4 tains a term described in paragraph (2), the Attor5 ney General or, if the matter is being litigated inde6 pendently by an agency, the head of the agency shall 

7 submit to the court a certification that the Attorney 

8 General or head of the agency approves the proposed 

9 covered consent decree or settlement agreement. The 

10 Attorney General or head of the agency shall person11 ally sign any certification submitted under this para12 graph. 

13 (2) TERMS.—A term described in this para14 graph is— 

15 (A) in the case of a covered consent decree, 

16 a term that— 

17 (i) converts into a nondiscretionary 

18 duty a discretionary authority of an agency 

19 to propose, promulgate, revise, or amend 

20 regulations; 

21 (ii) commits an agency to expend 

22 funds that have not been appropriated and 

23 that have not been budgeted for the regu24 latory action in question; 


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1 (iii) commits an agency to seek a par2 ticular appropriation or budget authoriza3 tion; 

4 (iv) divests an agency of discretion 

5 committed to the agency by statute or the 

6 Constitution of the United States, without 

7 regard to whether the discretion was 

8 granted to respond to changing cir9 cumstances, to make policy or managerial 

10 choices, or to protect the rights of third 

11 parties; or 

12 (v) otherwise affords relief that the 

13 court could not enter under its own au14 thority upon a final judgment in the civil 

15 action; or 

16 (B) in the case of a covered settlement 

17 agreement, a term— 

18 (i) that provides a remedy for a fail19 ure by the agency to comply with the 

20 terms of the covered settlement agreement 

21 other than the revival of the civil action re22 solved by the covered settlement agree23 ment; and 

24 (ii) that— 


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1 (I) interferes with the authority 

2 of an agency to revise, amend, or 

3 issue rules under the procedures set 

4 forth in chapter 5 of title 5, United 

5 States Code, or any other statute or 

6 Executive order prescribing rule7 making procedures for a rulemaking 

8 that is the subject of the covered set9 tlement agreement; 

10 (II) commits the agency to ex11 pend funds that have not been appro12 priated and that have not been budg13 eted for the regulatory action in ques14 tion; or 

15 (III) for such a covered settle16 ment agreement that commits the 

17 agency to exercise in a particular way 

18 discretion which was committed to the 

19 agency by statute or the Constitution 

20 of the United States to respond to 

21 changing circumstances, to make pol22 icy or managerial choices, or to pro23 tect the rights of third parties. 

24 (f) REVIEW BY COURT.— 


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1 (1) AMICUS.—A court considering a proposed 

2 covered consent decree or settlement agreement shall 

3 presume, subject to rebuttal, that it is proper to 

4 allow amicus participation relating to the covered 

5 consent decree or settlement agreement by any per6 son who filed public comments or participated in a 

7 public hearing on the covered consent decree or set8 tlement agreement under paragraph (2) or (3) of 

9 subsection (d). 

10 (2) REVIEW OF DEADLINES.— 

11 (A) PROPOSED COVERED CONSENT DE12 CREES.—For a proposed covered consent de13 cree, a court shall not approve the covered con14 sent decree unless the proposed covered consent 

15 decree allows sufficient time and incorporates 

16 adequate procedures for the agency to comply 

17 with chapter 5 of title 5, United States Code, 

18 and other applicable statutes that govern rule19 making and, unless contrary to the public inter20 est, the provisions of any Executive order that 

21 governs rulemaking. 

22 (B) PROPOSED COVERED SETTLEMENT

23 AGREEMENTS.—For a proposed covered settle24 ment agreement, a court shall ensure that the 

25 covered settlement agreement allows sufficient 


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1 time and incorporates adequate procedures for 

2 the agency to comply with chapter 5 of title 5, 

3 United States Code, and other applicable stat4 utes that govern rulemaking and, unless con5 trary to the public interest, the provisions of 

6 any Executive order that governs rulemaking. 

7 (g) ANNUAL REPORTS.—Each agency shall submit to 

8 Congress an annual report that, for the year covered by 

9 the report, includes— 

10 (1) the number, identity, and content of covered 

11 civil actions brought against and covered consent de12 crees or settlement agreements entered against or 

13 into by the agency; and 

14 (2) a description of the statutory basis for— 

15 (A) each covered consent decree or settle16 ment agreement entered against or into by the 

17 agency; and 

18 (B) any award of attorneys fees or costs in 

19 a civil action resolved by a covered consent de20 cree or settlement agreement entered against or 

21 into by the agency. 

22 SEC. 404. MOTIONS TO MODIFY CONSENT DECREES. 

23 If an agency moves a court to modify a covered con24 sent decree or settlement agreement and the basis of the 

25 motion is that the terms of the covered consent decree or 


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1 settlement agreement are no longer fully in the public in2 terest due to the obligations of the agency to fulfill other 

3 duties or due to changed facts and circumstances, the 

4 court shall review the motion and the covered consent de5 cree or settlement agreement de novo. 

6 SEC. 405. EFFECTIVE DATE. 

7 This title shall apply to— 

8 (1) any covered civil action filed on or after the 

9 date of enactment of this title; and 

10 (2) any covered consent decree or settlement 

11 agreement proposed to a court on or after the date 

12 of enactment of this title. 

13 DIVISION IV—JUDICIARY 

14 TITLE I—REGULATIONS FROM 

15 THE EXECUTIVE IN NEED OF 

16 SCRUTINY 

17 SEC. 101. SHORT TITLE. 

18 This title may be cited as the ‘‘Regulations From the 

19 Executive in Need of Scrutiny Act of 2014’’. 

20 SEC. 102. PURPOSE. 

21 The purpose of this title is to increase accountability 

22 for and transparency in the Federal regulatory process. 

23 Section 1 of article I of the United States Constitution 

24 grants all legislative powers to Congress. Over time, Con25 gress has excessively delegated its constitutional charge 


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1 while failing to conduct appropriate oversight and retain 

2 accountability for the content of the laws it passes. By 

3 requiring a vote in Congress, the REINS Act will result 

4 in more carefully drafted and detailed legislation, an im5 proved regulatory process, and a legislative branch that 

6 is truly accountable to the American people for the laws 

7 imposed upon them. Moreover, as a tax on carbon emis8 sions increases energy costs on consumers, reduces eco9 nomic growth and is therefore detrimental to individuals, 

10 families and businesses, the REINS Act includes in the 

11 definition of a major rule, any rule that implements or 

12 provides for the imposition or collection of a tax on carbon 

13 emissions. 

14 SEC. 103. CONGRESSIONAL REVIEW OF AGENCY RULE15 MAKING. 

16 Chapter 8 of title 5, United States Code, is amended 

17 to read as follows: 

18 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

19 OF AGENCY RULEMAKING 

‘‘Sec. 

‘‘801. Congressional review. 

‘‘802. Congressional approval procedure for major rules. 

‘‘803. Congressional disapproval procedure for nonmajor rules. 

‘‘804. Definitions. 

‘‘805. Judicial review. 

‘‘806. Exemption for monetary policy. 

‘‘807. Effective date of certain rules. 


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1 ‘‘§ 801. Congressional review 

2 ‘‘(a)(1)(A) Before a rule may take effect, the Federal 

3 agency promulgating such rule shall submit to each House 

4 of the Congress and to the Comptroller General a report 

5 containing— 

6 ‘‘(i) a copy of the rule; 

7 ‘‘(ii) a concise general statement relating to the 

8 rule; 

9 ‘‘(iii) a classification of the rule as a major or 

10 nonmajor rule, including an explanation of the clas11 sification specifically addressing each criteria for a 

12 major rule contained within clauses (i) through (iii) 

13 of section 804(2)(A) or within section 804(2)(B); 

14 ‘‘(iv) a list of any other related regulatory ac15 tions taken by or that will be taken by the Federal 

16 agency promulgating the rule that are intended to 

17 implement the same statutory provision or regu18 latory objective as well as the individual and aggre19 gate economic effects of those actions; 

20 ‘‘(v) a list of any other related regulatory ac21 tions taken by or that will be taken by any other 

22 Federal agency with authority to implement the 

23 same statutory provision or regulatory objective that 

24 are intended to implement such provision or objec25 tive, of which the Federal agency promulgating the 


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1 rule is aware, as well as the individual and aggre2 gate economic effects of those actions; and 

3 ‘‘(vi) the proposed effective date of the rule. 

4 ‘‘(B) On the date of the submission of the report 

5 under subparagraph (A), the Federal agency promulgating 

6 the rule shall submit to the Comptroller General and make 

7 available to each House of Congress— 

8 ‘‘(i) a complete copy of the cost-benefit analysis 

9 of the rule, if any, including an analysis of any jobs 

10 added or lost, differentiating between public and pri11 vate sector jobs; 

12 ‘‘(ii) the agency’s actions pursuant to sections 

13 603, 604, 605, 607, and 609 of this title; 

14 ‘‘(iii) the agency’s actions pursuant to sections 

15 202, 203, 204, and 205 of the Unfunded Mandates 

16 Reform Act of 1995; and 

17 ‘‘(iv) any other relevant information or require18 ments under any other Act and any relevant Execu19 tive orders. 

20 ‘‘(C) Upon receipt of a report submitted under sub21 paragraph (A), each House shall provide copies of the re22 port to the chairman and ranking member of each stand23 ing committee with jurisdiction under the rules of the 

24 House of Representatives or the Senate to report a bill 


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1 to amend the provision of law under which the rule is 

2 issued. 

3 ‘‘(2)(A) The Comptroller General shall provide a re4 port on each major rule to the committees of jurisdiction 

5 by the end of 15 calendar days after the submission or 

6 publication date. The report of the Comptroller General 

7 shall include an assessment of the agency’s compliance 

8 with procedural steps required by paragraph (1)(B) and 

9 an assessment of whether the major rule imposes any new 

10 limits or mandates on private-sector activity. 

11 ‘‘(B) Federal agencies shall cooperate with the Comp12 troller General by providing information relevant to the 

13 Comptroller General’s report under subparagraph (A). 

14 ‘‘(3) A major rule relating to a report submitted 

15 under paragraph (1) shall take effect upon enactment of 

16 a joint resolution of approval described in section 802 or 

17 as provided for in the rule following enactment of a joint 

18 resolution of approval described in section 802, whichever 

19 is later. 

20 ‘‘(4) A nonmajor rule shall take effect as provided 

21 by section 803 after submission to Congress under para22 graph (1). 

23 ‘‘(5) If a joint resolution of approval relating to a 

24 major rule is not enacted within the period provided in 

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1 ing to the same rule may not be considered under this 

2 chapter in the same Congress by either the House of Rep3 resentatives or the Senate. 

4 ‘‘(b)(1) A major rule shall not take effect unless the 

5 Congress enacts a joint resolution of approval described 

6 under section 802. 

7 ‘‘(2) If a joint resolution described in subsection (a) 

8 is not enacted into law by the end of 70 session days or 

9 legislative days, as applicable, beginning on the date on 

10 which the report referred to in section 801(a)(1)(A) is re11 ceived by Congress (excluding days either House of Con12 gress is adjourned for more than 3 days during a session 

13 of Congress), then the rule described in that resolution 

14 shall be deemed not to be approved and such rule shall 

15 not take effect. 

16 ‘‘(c)(1) Notwithstanding any other provision of this 

17 section (except subject to paragraph (3)), a major rule 

18 may take effect for one 90-calendar-day period if the 

19 President makes a determination under paragraph (2) and 

20 submits written notice of such determination to the Con21 gress. 

22 ‘‘(2) Paragraph (1) applies to a determination made 

23 by the President by Executive order that the major rule 

24 should take effect because such rule is— 


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1 ‘‘(A) necessary because of an imminent threat 

2 to health or safety or other emergency; 

3 ‘‘(B) necessary for the enforcement of criminal 

4 laws; 

5 ‘‘(C) necessary for national security; or 

6 ‘‘(D) issued pursuant to any statute imple7 menting an international trade agreement. 

8 ‘‘(3) An exercise by the President of the authority 

9 under this subsection shall have no effect on the proce10 dures under section 802. 

11 ‘‘(d)(1) In addition to the opportunity for review oth12 erwise provided under this chapter, in the case of any rule 

13 for which a report was submitted in accordance with sub14 section (a)(1)(A) during the period beginning on the date 

15 occurring— 

16 ‘‘(A) in the case of the Senate, 60 session days, 

17 or 

18 ‘‘(B) in the case of the House of Representa19 tives, 60 legislative days, 

20 before the date the Congress is scheduled to adjourn a 

21 session of Congress through the date on which the same 

22 or succeeding Congress first convenes its next session, sec23 tions 802 and 803 shall apply to such rule in the suc24 ceeding session of Congress. 


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1 ‘‘(2)(A) In applying sections 802 and 803 for pur2 poses of such additional review, a rule described under 

3 paragraph (1) shall be treated as though— 

4 ‘‘(i) such rule were published in the Federal 

5 Register on— 

6 ‘‘(I) in the case of the Senate, the 15th 

7 session day, or 

8 ‘‘(II) in the case of the House of Rep9 resentatives, the 15th legislative day, 

10 after the succeeding session of Congress first con11 venes; and 

12 ‘‘(ii) a report on such rule were submitted to 

13 Congress under subsection (a)(1) on such date. 

14 ‘‘(B) Nothing in this paragraph shall be construed 

15 to affect the requirement under subsection (a)(1) that a 

16 report shall be submitted to Congress before a rule can 

17 take effect. 

18 ‘‘(3) A rule described under paragraph (1) shall take 

19 effect as otherwise provided by law (including other sub20 sections of this section). 

21 ‘‘§ 802. Congressional approval procedure for major 

22 rules 

23 ‘‘(a)(1) For purposes of this section, the term ‘joint 

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1 port classifying a rule as major pursuant to section 

2 801(a)(1)(A)(iii) that— 

3 ‘‘(A) bears no preamble; 

4 ‘‘(B) bears the following title (with blanks filled 

5 as appropriate): ‘Approving the rule submitted by 

6 lll relating to lll.’; 

7 ‘‘(C) includes after its resolving clause only the 

8 following (with blanks filled as appropriate): ‘That 

9 Congress approves the rule submitted by lll re10 lating to lll.’; and 

11 ‘‘(D) is introduced pursuant to paragraph (2). 

12 ‘‘(2) After a House of Congress receives a report 

13 classifying a rule as major pursuant to section 

14 801(a)(1)(A)(iii), the majority leader of that House (or 

15 his or her respective designee) shall introduce (by request, 

16 if appropriate) a joint resolution described in paragraph 

17 (1)— 

18 ‘‘(A) in the case of the House of Representa19 tives, within three legislative days; and 

20 ‘‘(B) in the case of the Senate, within three ses21 sion days. 

22 ‘‘(3) A joint resolution described in paragraph (1) 

23 shall not be subject to amendment at any stage of pro24 ceeding. 


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1 ‘‘(b) A joint resolution described in subsection (a) 

2 shall be referred in each House of Congress to the commit3 tees having jurisdiction over the provision of law under 

4 which the rule is issued. 

5 ‘‘(c) In the Senate, if the committee or committees 

6 to which a joint resolution described in subsection (a) has 

7 been referred have not reported it at the end of 15 session 

8 days after its introduction, such committee or committees 

9 shall be automatically discharged from further consider10 ation of the resolution and it shall be placed on the cal11 endar. A vote on final passage of the resolution shall be 

12 taken on or before the close of the 15th session day after 

13 the resolution is reported by the committee or committees 

14 to which it was referred, or after such committee or com15 mittees have been discharged from further consideration 

16 of the resolution. 

17 ‘‘(d)(1) In the Senate, when the committee or com18 mittees to which a joint resolution is referred have re19 ported, or when a committee or committees are discharged 

20 (under subsection (c)) from further consideration of a 

21 joint resolution described in subsection (a), it is at any 

22 time thereafter in order (even though a previous motion 

23 to the same effect has been disagreed to) for a motion 

24 to proceed to the consideration of the joint resolution, and 

25 all points of order against the joint resolution (and against 


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1 consideration of the joint resolution) are waived. The mo2 tion is not subject to amendment, or to a motion to post3 pone, or to a motion to proceed to the consideration of 

4 other business. A motion to reconsider the vote by which 

5 the motion is agreed to or disagreed to shall not be in 

6 order. If a motion to proceed to the consideration of the 

7 joint resolution is agreed to, the joint resolution shall re8 main the unfinished business of the Senate until disposed 

9 of. 

10 ‘‘(2) In the Senate, debate on the joint resolution, 

11 and on all debatable motions and appeals in connection 

12 therewith, shall be limited to not more than 2 hours, which 

13 shall be divided equally between those favoring and those 

14 opposing the joint resolution. A motion to further limit 

15 debate is in order and not debatable. An amendment to, 

16 or a motion to postpone, or a motion to proceed to the 

17 consideration of other business, or a motion to recommit 

18 the joint resolution is not in order. 

19 ‘‘(3) In the Senate, immediately following the conclu20 sion of the debate on a joint resolution described in sub21 section (a), and a single quorum call at the conclusion of 

22 the debate if requested in accordance with the rules of the 

23 Senate, the vote on final passage of the joint resolution 

24 shall occur. 


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1 ‘‘(4) Appeals from the decisions of the Chair relating 

2 to the application of the rules of the Senate to the proce3 dure relating to a joint resolution described in subsection 

4 (a) shall be decided without debate. 

5 ‘‘(e) In the House of Representatives, if any com6 mittee to which a joint resolution described in subsection 

7 (a) has been referred has not reported it to the House 

8 at the end of 15 legislative days after its introduction, 

9 such committee shall be discharged from further consider10 ation of the joint resolution, and it shall be placed on the 

11 appropriate calendar. On the second and fourth Thursdays 

12 of each month it shall be in order at any time for the 

13 Speaker to recognize a Member who favors passage of a 

14 joint resolution that has appeared on the calendar for at 

15 least 5 legislative days to call up that joint resolution for 

16 immediate consideration in the House without intervention 

17 of any point of order. When so called up a joint resolution 

18 shall be considered as read and shall be debatable for 1 

19 hour equally divided and controlled by the proponent and 

20 an opponent, and the previous question shall be considered 

21 as ordered to its passage without intervening motion. It 

22 shall not be in order to reconsider the vote on passage. 

23 If a vote on final passage of the joint resolution has not 

24 been taken by the third Thursday on which the Speaker 


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1 may recognize a Member under this subsection, such vote 

2 shall be taken on that day. 

3 ‘‘(f)(1) If, before passing a joint resolution described 

4 in subsection (a), one House receives from the other a 

5 joint resolution having the same text, then— 

6 ‘‘(A) the joint resolution of the other House 

7 shall not be referred to a committee; and 

8 ‘‘(B) the procedure in the receiving House shall 

9 be the same as if no joint resolution had been re10 ceived from the other House until the vote on pas11 sage, when the joint resolution received from the 

12 other House shall supplant the joint resolution of 

13 the receiving House. 

14 ‘‘(2) This subsection shall not apply to the House of 

15 Representatives if the joint resolution received from the 

16 Senate is a revenue measure. 

17 ‘‘(g) If either House has not taken a vote on final 

18 passage of the joint resolution by the last day of the period 

19 described in section 801(b)(2), then such vote shall be 

20 taken on that day. 

21 ‘‘(h) This section and section 803 are enacted by 

22 Congress— 

23 ‘‘(1) as an exercise of the rulemaking power of 

24 the Senate and House of Representatives, respec25 tively, and as such is deemed to be part of the rules 


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1 of each House, respectively, but applicable only with 

2 respect to the procedure to be followed in that 

3 House in the case of a joint resolution described in 

4 subsection (a) and superseding other rules only 

5 where explicitly so; and 

6 ‘‘(2) with full recognition of the Constitutional 

7 right of either House to change the rules (so far as 

8 they relate to the procedure of that House) at any 

9 time, in the same manner and to the same extent as 

10 in the case of any other rule of that House. 

11 ‘‘§ 803. Congressional disapproval procedure for 

12 nonmajor rules 

13 ‘‘(a) For purposes of this section, the term ‘joint res14 olution’ means only a joint resolution introduced in the 

15 period beginning on the date on which the report referred 

16 to in section 801(a)(1)(A) is received by Congress and 

17 ending 60 days thereafter (excluding days either House 

18 of Congress is adjourned for more than 3 days during a 

19 session of Congress), the matter after the resolving clause 

20 of which is as follows: ‘That Congress disapproves the 

21 nonmajor rule submitted by the lll relating to 

22 lll, and such rule shall have no force or effect.’ (The 

23 blank spaces being appropriately filled in). 


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1 ‘‘(b) A joint resolution described in subsection (a) 

2 shall be referred to the committees in each House of Con3 gress with jurisdiction. 

4 ‘‘(c) In the Senate, if the committee to which is re5 ferred a joint resolution described in subsection (a) has 

6 not reported such joint resolution (or an identical joint 

7 resolution) at the end of 15 session days after the date 

8 of introduction of the joint resolution, such committee may 

9 be discharged from further consideration of such joint res10 olution upon a petition supported in writing by 30 Mem11 bers of the Senate, and such joint resolution shall be 

12 placed on the calendar. 

13 ‘‘(d)(1) In the Senate, when the committee to which 

14 a joint resolution is referred has reported, or when a com15 mittee is discharged (under subsection (c)) from further 

16 consideration of a joint resolution described in subsection 

17 (a), it is at any time thereafter in order (even though a 

18 previous motion to the same effect has been disagreed to) 

19 for a motion to proceed to the consideration of the joint 

20 resolution, and all points of order against the joint resolu21 tion (and against consideration of the joint resolution) are 

22 waived. The motion is not subject to amendment, or to 

23 a motion to postpone, or to a motion to proceed to the 

24 consideration of other business. A motion to reconsider the 

25 vote by which the motion is agreed to or disagreed to shall 


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1 not be in order. If a motion to proceed to the consideration 

2 of the joint resolution is agreed to, the joint resolution 

3 shall remain the unfinished business of the Senate until 

4 disposed of. 

5 ‘‘(2) In the Senate, debate on the joint resolution, 

6 and on all debatable motions and appeals in connection 

7 therewith, shall be limited to not more than 10 hours, 

8 which shall be divided equally between those favoring and 

9 those opposing the joint resolution. A motion to further 

10 limit debate is in order and not debatable. An amendment 

11 to, or a motion to postpone, or a motion to proceed to 

12 the consideration of other business, or a motion to recom13 mit the joint resolution is not in order. 

14 ‘‘(3) In the Senate, immediately following the conclu15 sion of the debate on a joint resolution described in sub16 section (a), and a single quorum call at the conclusion of 

17 the debate if requested in accordance with the rules of the 

18 Senate, the vote on final passage of the joint resolution 

19 shall occur. 

20 ‘‘(4) Appeals from the decisions of the Chair relating 

21 to the application of the rules of the Senate to the proce22 dure relating to a joint resolution described in subsection 

23 (a) shall be decided without debate. 


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1 ‘‘(e) In the Senate the procedure specified in sub2 section (c) or (d) shall not apply to the consideration of 

3 a joint resolution respecting a nonmajor rule— 

4 ‘‘(1) after the expiration of the 60 session days 

5 beginning with the applicable submission or publica6 tion date, or 

7 ‘‘(2) if the report under section 801(a)(1)(A) 

8 was submitted during the period referred to in sec9 tion 801(d)(1), after the expiration of the 60 session 

10 days beginning on the 15th session day after the 

11 succeeding session of Congress first convenes. 

12 ‘‘(f) If, before the passage by one House of a joint 

13 resolution of that House described in subsection (a), that 

14 House receives from the other House a joint resolution 

15 described in subsection (a), then the following procedures 

16 shall apply: 

17 ‘‘(1) The joint resolution of the other House 

18 shall not be referred to a committee. 

19 ‘‘(2) With respect to a joint resolution described 

20 in subsection (a) of the House receiving the joint 

21 resolution— 

22 ‘‘(A) the procedure in that House shall be 

23 the same as if no joint resolution had been re24 ceived from the other House; but 


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1 ‘‘(B) the vote on final passage shall be on 

2 the joint resolution of the other House. 

3 ‘‘§ 804. Definitions 

4 ‘‘For purposes of this chapter— 

5 ‘‘(1) The term ‘Federal agency’ means any 

6 agency as that term is defined in section 551(1). 

7 ‘‘(2) The term ‘major rule’ means any rule, in8 cluding an interim final rule, that the Administrator 

9 of the Office of Information and Regulatory Affairs 

10 of the Office of Management and Budget finds— 

11 ‘‘(A) has resulted in or is likely to result 

12 in— 

13 ‘‘(i) an annual effect on the economy 

14 of $50,000,000 or more; 

15 ‘‘(ii) a major increase in costs or 

16 prices for consumers, individual industries, 

17 Federal, State, or local government agen18 cies, or geographic regions; or 

19 ‘‘(iii) significant adverse effects on 

20 competition, employment, investment, pro21 ductivity, innovation, or on the ability of 

22 United States-based enterprises to compete 

23 with foreign-based enterprises in domestic 

24 and export markets; or 


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1 ‘‘(B) is made by the Administrator of the 

2 Environmental Protection Agency and that 

3 would have a significant impact on a substan4 tial number of agricultural entities, as deter5 mined by the Secretary of Agriculture (who 

6 shall publish such determination in the Federal 

7 Register); 

8 ‘‘(C) is a rule that implements or provides 

9 for the imposition or collection of a carbon tax; 

10 or 

11 ‘‘(D) is made under the Patient Protection 

12 and Affordable Care Act (Public Law 111– 

13 148). 

14 ‘‘(3) The term ‘nonmajor rule’ means any rule 

15 that is not a major rule. 

16 ‘‘(4) The term ‘rule’ has the meaning given 

17 such term in section 551, except that such term does 

18 not include any rule of particular applicability, in19 cluding a rule that approves or prescribes for the fu20 ture rates, wages, prices, services, or allowances 

21 therefore, corporate or financial structures, reorga22 nizations, mergers, or acquisitions thereof, or ac23 counting practices or disclosures bearing on any of 

24 the foregoing. 


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1 ‘‘(5) The term ‘submission date or publication 

2 date’, except as otherwise provided in this chapter, 

3 means— 

4 ‘‘(A) in the case of a major rule, the date 

5 on which the Congress receives the report sub6 mitted under section 801(a)(1); and 

7 ‘‘(B) in the case of a nonmajor rule, the 

8 later of— 

9 ‘‘(i) the date on which the Congress 

10 receives the report submitted under section 

11 801(a)(1); and 

12 ‘‘(ii) the date on which the nonmajor 

13 rule is published in the Federal Register, if 

14 so published. 

15 ‘‘(6) The term ‘agricultural entity’ means any 

16 entity involved in or related to agricultural enter17 prise, including enterprises that are engaged in the 

18 business of production of food and fiber, ranching 

19 and raising of livestock, aquaculture, and all other 

20 farming and agricultural related industries. 

21 ‘‘(7) The term ‘carbon tax’ means a fee, levy, 

22 or price on— 

23 ‘‘(A) emissions, including carbon dioxide 

24 emissions generated by the burning of coal, nat25 ural gas, or oil; or 


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1 ‘‘(B) coal, natural gas, or oil based on 

2 emissions, including carbon dioxide emissions 

3 that would be generated through the fuel’s com4 bustion. 

5 ‘‘§ 805. Judicial review 

6 ‘‘(a) No determination, finding, action, or omission 

7 under this chapter shall be subject to judicial review. 

8 ‘‘(b) Notwithstanding subsection (a), a court may de9 termine whether a Federal agency has completed the nec10 essary requirements under this chapter for a rule to take 

11 effect. 

12 ‘‘(c) The enactment of a joint resolution of approval 

13 under section 802 shall not be interpreted to serve as a 

14 grant or modification of statutory authority by Congress 

15 for the promulgation of a rule, shall not extinguish or af16 fect any claim, whether substantive or procedural, against 

17 any alleged defect in a rule, and shall not form part of 

18 the record before the court in any judicial proceeding con19 cerning a rule except for purposes of determining whether 

20 or not the rule is in effect. 

21 ‘‘§ 806. Exemption for monetary policy 

22 ‘‘Nothing in this chapter shall apply to rules that con23 cern monetary policy proposed or implemented by the 

24 Board of Governors of the Federal Reserve System or the 

25 Federal Open Market Committee. 


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1 ‘‘§ 807. Effective date of certain rules 

2 ‘‘Notwithstanding section 801— 

3 ‘‘(1) any rule that establishes, modifies, opens, 

4 closes, or conducts a regulatory program for a com5 mercial, recreational, or subsistence activity related 

6 to hunting, fishing, or camping; or 

7 ‘‘(2) any rule other than a major rule which an 

8 agency for good cause finds (and incorporates the 

9 finding and a brief statement of reasons therefore in 

10 the rule issued) that notice and public procedure 

11 thereon are impracticable, unnecessary, or contrary 

12 to the public interest, 

13 shall take effect at such time as the Federal agency pro14 mulgating the rule determines.’’. 

15 SEC. 104. BUDGETARY EFFECTS OF RULES SUBJECT TO 

16 SECTION 802 OF TITLE 5, UNITED STATES 

17 CODE. 

18 Section 257(b)(2) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985 is amended by adding 

20 at the end the following new subparagraph: 

21 ‘‘(E) BUDGETARY EFFECTS OF RULES

22 SUBJECT TO SECTION 802 OF TITLE 5, UNITED

23 STATES CODE.—Any rules subject to the con24 gressional approval procedure set forth in sec25 tion 802 of chapter 8 of title 5, United States 

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1 ceipts shall be assumed to be effective unless it 

2 is not approved in accordance with such sec3 tion.’’. 

4 SEC. 105. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 

5 OF RULES. 

6 (a) IN GENERAL.—The Comptroller General of the 

7 United States shall conduct a study to determine, as of 

8 the date of the enactment of this Act— 

9 (1) how many rules (as such term is defined in 

10 section 804 of title 5, United States Code) were in 

11 effect; 

12 (2) how many major rules (as such term is de13 fined in section 804 of title 5, United States Code) 

14 were in effect; and 

15 (3) the total estimated economic cost imposed 

16 by all such rules. 

17 (b) REPORT.—Not later than one year after the date 

18 of the enactment of this Act, the Comptroller General of 

19 the United States shall submit a report to Congress that 

20 contains the findings of the study conducted under sub21 section (a). 


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1 TITLE II—PERMANENT 

2 INTERNET TAX FREEDOM 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Permanent Internet 

5 Tax Freedom Act’’. 

6 SEC. 202. PERMANENT MORATORIUM ON INTERNET AC7 CESS TAXES AND MULTIPLE AND DISCRIMI8 NATORY TAXES ON ELECTRONIC COMMERCE. 

9 (a) IN GENERAL.—Section 1101(a) of the Internet 

10 Tax Freedom Act (47 U.S.C. 151 note) is amended by 

11 striking ‘‘ during the period beginning November 1, 2003, 

12 and ending November 1, 2014’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall apply to taxes imposed after the date 

15 of the enactment of this Act. 

16 DIVISION V—NATURAL 

17 RESOURCES 

18 SUBDIVISION A—RESTORING 

19 HEALTHY FORESTS FOR 

20 HEALTHY COMMUNITIES 

21 SEC. 100. SHORT TITLE. 

22 This subdivision may be cited as the ‘‘Restoring 

23 Healthy Forests for Healthy Communities Act’’. 


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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. 

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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 subdivi20 sion. Section 6(g)(3)(E)(iv) of the Forest and Rangeland 

21 Renewable 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 or 2014, the hazardous fuel re15 duction project or forest health project, and any decision 

16 of the Secretary concerned in connection with the project, 

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

18 order 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 

25 creation of the O&C Trust pursuant to subVerDate Sep 11 2014 01:40 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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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 

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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 

25 nest sites consistent with the forest practices in the OrVerDate Sep 11 2014 01:40 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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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 Sep 11 2014 01:40 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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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 

24 proposals for land exchanges with owners of lands adja25 cent to O&C Trust lands in order to create larger contigVerDate Sep 11 2014 01:40 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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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 Sep 11 2014 01:40 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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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 sub12 division, except that the Secretary may correct clerical and 

13 typographical errors in the map and description. In the 

14 case of any discrepancy between the acreage specified in 

15 subsection (a) and the map, the map shall control. The 

16 map and legal description shall be on file and available 

17 for public inspection in the Office of the Chief of the For18 est Service. 

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 

24 boundary of sections 11 and 12 to be adminisVerDate Sep 11 2014 01:40 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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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 subdivision, except 

18 that the Secretary of the Interior may correct any clerical 

19 or typographical 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 subdivision, except 

10 that the Secretary of the Interior may correct any clerical 

11 or typographical 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. TREATMENT AS SUPPLEMENTAL FUNDING. 

21 None of the funds made available to a beneficiary 

22 county (as defined in section 102(2)) or other political 

23 subdivision of a State under this subdivision shall be used 

24 in lieu of or to otherwise offset State funding sources for 

25 local schools, facilities, or educational purposes. 


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1 SEC. 505. DEFINITION OF FIRE SUPPRESSION TO INCLUDE 

2 CERTAIN RELATED ACTIVITIES. 

3 For purposes of utilizing amounts made available to 

4 the Secretary of Agriculture or the Secretary of the Inte5 rior for fire suppression activities, including funds made 

6 available from the FLAME Fund, the term ‘‘fire suppres7 sion’’ includes reforestation, site rehabilitation, salvage op8 erations, and replanting occurring following fire damage 

9 on lands under the jurisdiction of the Secretary concerned 

10 or following fire suppression efforts on such lands by the 

11 Secretary concerned. 

12 SEC. 506. PROHIBITION ON CERTAIN ACTIONS REGARDING 

13 FOREST SERVICE ROADS AND TRAILS. 

14 The Forest Service shall not remove or otherwise 

15 eliminate or obliterate any legally created road or trail un16 less there has been a specific decision, which included ade17 quate and appropriate public involvement, to decommis18 sion the specific road or trail in question. The fact that 

19 any road or trail is a not a Forest System road or trail, 

20 or does not appear on a Motor Vehicle Use Map, shall 

21 not constitute a decision. 


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1 SUBDIVISION B—NATIONAL 

2 STRATEGIC AND CRITICAL 

3 MINERALS PRODUCTION 

4 SEC. 100. SHORT TITLE. 

5 This subdivision may be cited as the ‘‘National Stra6 tegic and Critical Minerals Production Act of 2014’’. 

7 SEC. 100A. FINDINGS. 

8 Congress finds the following: 

9 (1) The industrialization of China and India 

10 has driven demand for nonfuel mineral commodities, 

11 sparking a period of resource nationalism exempli12 fied by China’s reduction in exports of rare-earth 

13 elements necessary for telecommunications, military 

14 technologies, healthcare technologies, and conven15 tional and renewable energy technologies. 

16 (2) The availability of minerals and mineral 

17 materials are essential for economic growth, national 

18 security, technological innovation, and the manufac19 turing and agricultural supply chain. 

20 (3) The exploration, production, processing, 

21 use, and recycling of minerals contribute signifi22 cantly to the economic well-being, security and gen23 eral welfare of the Nation. 

24 (4) The United States has vast mineral re25 sources, but is becoming increasingly dependent 


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1 upon foreign sources of these mineral materials, as 

2 demonstrated by the following: 

3 (A) Twenty-five years ago the United 

4 States was dependent on foreign sources for 30 

5 nonfuel mineral materials, 6 of which the 

6 United States imported 100 percent of the Na7 tion’s requirements, and for another 16 com8 modities the United States imported more than 

9 60 percent of the Nation’s needs. 

10 (B) By 2011 the United States import de11 pendence for nonfuel mineral materials had 

12 more than doubled from 30 to 67 commodities, 

13 19 of which the United States imported 100 

14 percent of the Nation’s requirements, and for 

15 another 24 commodities, imported more than 

16 50 percent of the Nation’s needs. 

17 (C) The United States share of worldwide 

18 mineral exploration dollars was 8 percent in 

19 2011, down from 19 percent in the early 1990s. 

20 (D) In the 2012 Ranking of Countries for 

21 Mining Investment, out of 25 major mining 

22 countries, the United States ranked last with 

23 Papua New Guinea in permitting delays, and 

24 towards the bottom regarding government take 

25 and social issues affecting mining. 


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1 SEC. 100B. DEFINITIONS. 

2 In this subdivision: 

3 (1) STRATEGIC AND CRITICAL MINERALS.—The 

4 term ‘‘strategic and critical minerals’’ means min5 erals that are necessary— 

6 (A) for national defense and national secu7 rity requirements; 

8 (B) for the Nation’s energy infrastructure, 

9 including pipelines, refining capacity, electrical 

10 power generation and transmission, and renew11 able energy production; 

12 (C) to support domestic manufacturing, 

13 agriculture, housing, telecommunications, 

14 healthcare, and transportation infrastructure; 

15 or 

16 (D) for the Nation’s economic security and 

17 balance of trade. 

18 (2) AGENCY.—The term ‘‘agency’’ means any 

19 agency, department, or other unit of Federal, State, 

20 local, or tribal government, or Alaska Native Cor21 poration. 

22 (3) MINERAL EXPLORATION OR MINE PER23 MIT.—The term ‘‘mineral exploration or mine per24 mit’’ includes plans of operation issued by the Bu25 reau of Land Management and the Forest Service 


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1 pursuant to 43 CFR 3809 and 36 CFR 228A or the 

2 authorities listed in 43 CFR 3503.13, respectively. 

3 TITLE I—DEVELOPMENT OF DO4 MESTIC SOURCES OF STRA5 TEGIC AND CRITICAL MIN6 ERALS 

7 SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND 

8 CRITICAL MINERALS. 

9 Domestic mines that will provide strategic and crit10 ical minerals shall be considered an ‘‘infrastructure 

11 project’’ as described in Presidential Order ‘‘Improving 

12 Performance of Federal Permitting and Review of Infra13 structure Projects’’ dated March 22, 2012. 

14 SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY. 

15 (a) IN GENERAL.—The lead agency with responsi16 bility for issuing a mineral exploration or mine permit 

17 shall appoint a project lead who shall coordinate and con18 sult with cooperating agencies and any other agency in19 volved in the permitting process, project proponents and 

20 contractors to ensure that agencies minimize delays, set 

21 and adhere to timelines and schedules for completion of 

22 the permitting process, set clear permitting goals and 

23 track progress against those goals. 

24 (b) DETERMINATION UNDER NEPA.—To the extent 

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1 plies to any mineral exploration or mine permit, the lead 

2 agency with responsibility for issuing a mineral explo3 ration or mine permit shall determine that the action to 

4 approve the exploration or mine permit does not constitute 

5 a major Federal action significantly affecting the quality 

6 of the human environment within the meaning of the Na7 tional Environmental Policy Act of 1969 if the procedural 

8 and substantive safeguards of the permitting process 

9 alone, any applicable State permitting process alone, or 

10 a combination of the two processes together provide an 

11 adequate mechanism to ensure that environmental factors 

12 are taken into account. 

13 (c) COORDINATION ON PERMITTING PROCESS.—The 

14 lead agency with responsibility for issuing a mineral explo15 ration or mine permit shall enhance government coordina16 tion for the permitting process by avoiding duplicative re17 views, minimizing paperwork and engaging other agencies 

18 and stakeholders early in the process. The lead agency 

19 shall consider the following best practices: 

20 (1) Deferring to and relying upon baseline data, 

21 analyses and reviews performed by State agencies 

22 with jurisdiction over the proposed project. 

23 (2) Conducting any consultations or reviews 

24 concurrently rather than sequentially to the extent 


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1 practicable and when such concurrent review will ex2 pedite rather than delay a decision. 

3 (d) SCHEDULE FOR PERMITTING PROCESS.—At the 

4 request of a project proponent, the lead agency, cooper5 ating agencies and any other agencies involved with the 

6 mineral exploration or mine permitting process shall enter 

7 into an agreement with the project proponent that sets 

8 time limits for each part of the permitting process includ9 ing the following: 

10 (1) The decision on whether to prepare a docu11 ment required under the National Environmental 

12 Policy Act of 1969. 

13 (2) A determination of the scope of any docu14 ment required under the National Environmental 

15 Policy Act of 1969. 

16 (3) The scope of and schedule for the baseline 

17 studies required to prepare a document required 

18 under the National Environmental Policy Act of 

19 1969. 

20 (4) Preparation of any draft document required 

21 under the National Environmental Policy Act of 

22 1969. 

23 (5) Preparation of a final document required 

24 under the National Environmental Policy Act of 

25 1969. 


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1 (6) Consultations required under applicable 

2 laws. 

3 (7) Submission and review of any comments re4 quired under applicable law. 

5 (8) Publication of any public notices required 

6 under applicable law. 

7 (9) A final or any interim decisions. 

8 (e) TIME LIMIT FOR PERMITTING PROCESS.—In no 

9 case should the total review process described in sub10 section (d) exceed 30 months unless agreed to by the sig11 natories of the agreement. 

12 (f) LIMITATION ON ADDRESSING PUBLIC COM13 MENTS.—The lead agency is not required to address agen14 cy or public comments that were not submitted during any 

15 public comment periods or consultation periods provided 

16 during the permitting process or as otherwise required by 

17 law. 

18 (g) FINANCIAL ASSURANCE.—The lead agency will 

19 determine the amount of financial assurance for reclama20 tion of a mineral exploration or mining site, which must 

21 cover the estimated cost if the lead agency were to con22 tract with a third party to reclaim the operations accord23 ing to the reclamation plan, including construction and 

24 maintenance costs for any treatment facilities necessary 

25 to meet Federal, State or tribal environmental standards. 


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1 (h) APPLICATION TO EXISTING PERMIT APPLICA2 TIONS.—This section shall apply with respect to a mineral 

3 exploration or mine permit for which an application was 

4 submitted before the date of the enactment of this Act 

5 if the applicant for the permit submits a written request 

6 to the lead agency for the permit. The lead agency shall 

7 begin implementing this section with respect to such appli8 cation within 30 days after receiving such written request. 

9 (i) STRATEGIC AND CRITICAL MINERALS WITHIN

10 NATIONAL FORESTS.—With respect to strategic and crit11 ical minerals within a federally administered unit of the 

12 National Forest System, the lead agency shall— 

13 (1) exempt all areas of identified mineral re14 sources in Land Use Designations, other than Non15 Development Land Use Designations, in existence as 

16 of the date of the enactment of this Act from the 

17 procedures detailed at and all rules promulgated 

18 under part 294 of title 36, Code for Federal Regula19 tions; 

20 (2) apply such exemption to all additional 

21 routes and areas that the lead agency finds nec22 essary to facilitate the construction, operation, main23 tenance, and restoration of the areas of identified 

24 mineral resources described in paragraph (1); and 


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1 (3) continue to apply such exemptions after ap2 proval of the Minerals Plan of Operations for the 

3 unit of the National Forest System. 

4 SEC. 103. CONSERVATION OF THE RESOURCE. 

5 In evaluating and issuing any mineral exploration or 

6 mine permit, the priority of the lead agency shall be to 

7 maximize the development of the mineral resource, while 

8 mitigating environmental impacts, so that more of the 

9 mineral resource can be brought to the market place. 

10 SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EX11 PLORATION AND MINING PROJECTS. 

12 (a) PREPARATION OF FEDERAL NOTICES FOR MIN13 ERAL EXPLORATION AND MINE DEVELOPMENT

14 PROJECTS.—The preparation of Federal Register notices 

15 required by law associated with the issuance of a mineral 

16 exploration or mine permit shall be delegated to the orga17 nization level within the agency responsible for issuing the 

18 mineral exploration or mine permit. All Federal Register 

19 notices regarding official document availability, announce20 ments of meetings, or notices of intent to undertake an 

21 action shall be originated and transmitted to the Federal 

22 Register from the office where documents are held, meet23 ings are held, or the activity is initiated. 

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1 ING PROJECTS.—Absent any extraordinary circumstance 

2 or except as otherwise required by any Act of Congress, 

3 each Federal Register notice described in subsection (a) 

4 shall undergo any required reviews within the Department 

5 of the Interior or the Department of Agriculture and be 

6 published in its final form in the Federal Register no later 

7 than 30 days after its initial preparation. 

8 TITLE II—JUDICIAL REVIEW OF 

9 AGENCY ACTIONS RELATING 

10 TO EXPLORATION AND MINE 

11 PERMITS 

12 SEC. 201. DEFINITIONS FOR TITLE. 

13 In this title the term ‘‘covered civil action’’ means a 

14 civil action against the Federal Government containing a 

15 claim under section 702 of title 5, United States Code, 

16 regarding agency action affecting a mineral exploration or 

17 mine permit. 

18 SEC. 202. TIMELY FILINGS. 

19 A covered civil action is barred unless filed no later 

20 than the end of the 60-day period beginning on the date 

21 of the final Federal agency action to which it relates. 

22 SEC. 203. RIGHT TO INTERVENE. 

23 The holder of any mineral exploration or mine permit 

24 may intervene as of right in any covered civil action by 


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1 a person affecting rights or obligations of the permit hold2 er under the permit. 

3 SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE 

4 ACTION. 

5 The court shall endeavor to hear and determine any 

6 covered civil action as expeditiously as possible. 

7 SEC. 205. LIMITATION ON PROSPECTIVE RELIEF. 

8 In a covered civil action, the court shall not grant 

9 or approve any prospective relief unless the court finds 

10 that such relief is narrowly drawn, extends no further than 

11 necessary to correct the violation of a legal requirement, 

12 and is the least intrusive means necessary to correct that 

13 violation. 

14 SEC. 206. LIMITATION ON ATTORNEYS’ FEES. 

15 Sections 504 of title 5, United States Code, and 2412 

16 of title 28, United States Code (together commonly called 

17 the Equal Access to Justice Act) do not apply to a covered 

18 civil action, nor shall any party in such a covered civil ac19 tion receive payment from the Federal Government for 

20 their attorneys’ fees, expenses, and other court costs. 

21 TITLE III—MISCELLANEOUS 

22 PROVISIONS 

23 SEC. 301. SECRETARIAL ORDER NOT AFFECTED. 

24 Nothing in this subdivision shall be construed as to 

25 affect any aspect of Secretarial Order 3324, issued by the 


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1 Secretary of the Interior on December 3, 2012, with re2 spect to potash and oil and gas operators. 

Æ 


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