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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                 H. R. 4

_______________________________________________________________________

                                 AN ACT

 
 To make revisions to Federal law to improve the conditions necessary 
     for economic growth and job creation, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jobs for America Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
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.
 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

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.
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 high-risk 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.
                    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.
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.

SEC. 3. PAYGO SCORECARD.

    The budgetary effects of this Act shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
Pay-As-You-Go Act of 2010.

                       DIVISION I--WAYS AND MEANS

                     TITLE I--SAVE AMERICAN WORKERS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Save American Workers Act of 
2014''.

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.

    (a) Full-Time Equivalents.--Paragraph (2) of section 4980H(c) of 
the Internal Revenue Code of 1986 is amended--
            (1) by repealing subparagraph (E), and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) Full-time equivalents treated as full-time 
                employees.--Solely for purposes of determining whether 
                an employer is an applicable large employer under this 
                paragraph, an employer shall, in addition to the number 
                of full-time employees for any month otherwise 
                determined, include for such month a number of full-
                time employees determined by dividing the aggregate 
                number of hours of service of employees who are not 
                full-time employees for the month by 174.''.
    (b) Full-Time Employees.--Paragraph (4) of section 4980H(c) of the 
Internal Revenue Code of 1986 is amended--
            (1) by repealing subparagraph (A), and
            (2) by inserting before subparagraph (B) the following new 
        subparagraph:
                    ``(A) In general.--The term `full-time employee' 
                means, with respect to any month, an employee who is 
                employed on average at least 40 hours of service per 
                week.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to months beginning after December 31, 2013.

                       TITLE II--HIRE MORE HEROES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Hire More Heroes Act of 2014''.

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.

    (a) In General.--Section 4980H(c)(2) of the Internal Revenue Code 
of 1986 is amended by adding at the end the following:
                    ``(F) Exemption for health coverage under tricare 
                or the veterans administration.--Solely for purposes of 
                determining whether an employer is an applicable large 
                employer under this paragraph for any month, an 
                employer may elect not to take into account for a month 
                as an employee any individual who, for such month, has 
                medical coverage under--
                            ``(i) chapter 55 of title 10, United States 
                        Code, including coverage under the TRICARE 
                        program, or
                            ``(ii) under a health care program under 
                        chapter 17 or 18 of title 38, United States 
                        Code, as determined by the Secretary of 
                        Veterans Affairs, in coordination with the 
                        Secretary of Health and Human Services and the 
                        Secretary.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to months beginning after December 31, 2013.

            TITLE III--AMERICAN RESEARCH AND COMPETITIVENESS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``American Research and 
Competitiveness Act of 2014''.

SEC. 302. RESEARCH CREDIT SIMPLIFIED AND MADE PERMANENT.

    (a) In General.--Subsection (a) of section 41 of the Internal 
Revenue Code of 1986 is amended to read as follows:
    ``(a) In General.--For purposes of section 38, the research credit 
determined under this section for the taxable year shall be an amount 
equal to the sum of--
            ``(1) 20 percent of so much of the qualified research 
        expenses for the taxable year as exceeds 50 percent of the 
        average qualified research expenses for the 3 taxable years 
        preceding the taxable year for which the credit is being 
        determined,
            ``(2) 20 percent of so much of the basic research payments 
        for the taxable year as exceeds 50 percent of the average basic 
        research payments for the 3 taxable years preceding the taxable 
        year for which the credit is being determined, plus
            ``(3) 20 percent of the amounts paid or incurred by the 
        taxpayer in carrying on any trade or business of the taxpayer 
        during the taxable year (including as contributions) to an 
        energy research consortium for energy research.''.
    (b) Repeal of Termination.--Section 41 of such Code is amended by 
striking subsection (h).
    (c) Conforming Amendments.--
            (1) Subsection (c) of section 41 of such Code is amended to 
        read as follows:
    ``(c) Determination of Average Research Expenses for Prior Years.--
            ``(1) Special rule in case of no qualified research 
        expenditures in any of 3 preceding taxable years.--In any case 
        in which the taxpayer has no qualified research expenses in any 
        one of the 3 taxable years preceding the taxable year for which 
        the credit is being determined, the amount determined under 
        subsection (a)(1) for such taxable year shall be equal to 10 
        percent of the qualified research expenses for the taxable 
        year.
            ``(2) Consistent treatment of expenses.--
                    ``(A) In general.--Notwithstanding whether the 
                period for filing a claim for credit or refund has 
                expired for any taxable year taken into account in 
                determining the average qualified research expenses, or 
                average basic research payments, taken into account 
                under subsection (a), the qualified research expenses 
                and basic research payments taken into account in 
                determining such averages shall be determined on a 
                basis consistent with the determination of qualified 
                research expenses and basic research payments, 
                respectively, for the credit year.
                    ``(B) Prevention of distortions.--The Secretary may 
                prescribe regulations to prevent distortions in 
                calculating a taxpayer's qualified research expenses or 
                basic research payments caused by a change in 
                accounting methods used by such taxpayer between the 
                current year and a year taken into account in 
                determining the average qualified research expenses or 
                average basic research payments taken into account 
                under subsection (a).''.
            (2) Section 41(e) of such Code is amended--
                    (A) by striking all that precedes paragraph (6) and 
                inserting the following:
    ``(e) Basic Research Payments.--For purposes of this section--
            ``(1) In general.--The term `basic research payment' means, 
        with respect to any taxable year, any amount paid in cash 
        during such taxable year by a corporation to any qualified 
        organization for basic research but only if--
                    ``(A) such payment is pursuant to a written 
                agreement between such corporation and such qualified 
                organization, and
                    ``(B) such basic research is to be performed by 
                such qualified organization.
            ``(2) Exception to requirement that research be performed 
        by the organization.--In the case of a qualified organization 
        described in subparagraph (C) or (D) of paragraph (3), 
        subparagraph (B) of paragraph (1) shall not apply.'',
                    (B) by redesignating paragraphs (6) and (7) as 
                paragraphs (3) and (4), respectively, and
                    (C) in paragraph (4) as so redesignated, by 
                striking subparagraphs (B) and (C) and by redesignating 
                subparagraphs (D) and (E) as subparagraphs (B) and (C), 
                respectively.
            (3) Section 41(f)(3) of such Code is amended--
                    (A)(i) by striking ``, and the gross receipts'' in 
                subparagraph (A)(i) and all that follows through 
                ``determined under clause (iii)'',
                    (ii) by striking clause (iii) of subparagraph (A) 
                and redesignating clauses (iv), (v), and (vi), thereof, 
                as clauses (iii), (iv), and (v), respectively,
                    (iii) by striking ``and (iv)'' each place it 
                appears in subparagraph (A)(iv) (as so redesignated) 
                and inserting ``and (iii)'',
                    (iv) by striking subclause (IV) of subparagraph 
                (A)(iv) (as so redesignated), by striking ``, and'' at 
                the end of subparagraph (A)(iv)(III) (as so 
                redesignated) and inserting a period, and by adding 
                ``and'' at the end of subparagraph (A)(iv)(II) (as so 
                redesignated),
                    (v) by striking ``(A)(vi)'' in subparagraph (B) and 
                inserting ``(A)(v)'', and
                    (vi) by striking ``(A)(iv)(II)'' in subparagraph 
                (B)(i)(II) and inserting ``(A)(iii)(II)'',
                    (B) by striking ``, and the gross receipts of the 
                predecessor,'' in subparagraph (A)(iv)(II) (as so 
                redesignated),
                    (C) by striking ``, and the gross receipts of,'' in 
                subparagraph (B),
                    (D) by striking ``, or gross receipts of,'' in 
                subparagraph (B)(i)(I), and
                    (E) by striking subparagraph (C).
            (4) Section 45C(b)(1) of such Code is amended by striking 
        subparagraph (D).
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years 
        beginning after December 31, 2013.
            (2) Subsection (b).--The amendment made by subsection (b) 
        shall apply to amounts paid or incurred after December 31, 
        2013.

SEC. 303. PAYGO SCORECARD.

    (a) Paygo Scorecard.--The budgetary effects of this title shall not 
be entered on either PAYGO scorecard maintained pursuant to section 
4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate Paygo Scorecard.--The budgetary effects of this title 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 201 of S. Con. Res. 21 (110th Congress).

             TITLE IV--AMERICA'S SMALL BUSINESS TAX RELIEF

SEC. 401. SHORT TITLE.

    This title may be cited as the ``America's Small Business Tax 
Relief Act of 2014''.

SEC. 402. EXPENSING CERTAIN DEPRECIABLE BUSINESS ASSETS FOR SMALL 
              BUSINESS.

    (a) In General.--
            (1) Dollar limitation.--Paragraph (1) of section 179(b) of 
        the Internal Revenue Code of 1986 is amended by striking 
        ``shall not exceed--'' and all that follows and inserting 
        ``shall not exceed $500,000.''.
            (2) Reduction in limitation.--Paragraph (2) of section 
        179(b) of such Code is amended by striking ``exceeds--'' and 
        all that follows and inserting ``exceeds $2,000,000.''.
    (b) Computer Software.--Clause (ii) of section 179(d)(1)(A) of such 
Code is amended by striking ``, to which section 167 applies, and which 
is placed in service in a taxable year beginning after 2002 and before 
2014'' and inserting ``and to which section 167 applies''.
    (c) Election.--Paragraph (2) of section 179(c) of such Code is 
amended--
            (1) by striking ``may not be revoked'' and all that follows 
        through ``and before 2014'', and
            (2) by striking ``irrevocable'' in the heading thereof.
    (d) Air Conditioning and Heating Units.--Paragraph (1) of section 
179(d) of such Code is amended by striking ``and shall not include air 
conditioning or heating units''.
    (e) Qualified Real Property.--Subsection (f) of section 179 of such 
Code is amended--
            (1) by striking ``beginning in 2010, 2011, 2012, or 2013'' 
        in paragraph (1), and
            (2) by striking paragraphs (3) and (4).
    (f) Inflation Adjustment.--Subsection (b) of section 179 of such 
Code is amended by adding at the end the following new paragraph:
            ``(6) Inflation adjustment.--
                    ``(A) In general.--In the case of any taxable year 
                beginning after 2014, the dollar amounts in paragraphs 
                (1) and (2) shall each be increased by an amount equal 
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year in which such taxable year 
                        begins, determined by substituting `calendar 
                        year 2013' for `calendar year 1992' in 
                        subparagraph (B) thereof.
                    ``(B) Rounding.--The amount of any increase under 
                subparagraph (A) shall be rounded to the nearest 
                multiple of $10,000.''.
    (g) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2013.

SEC. 403. BUDGETARY EFFECTS.

    (a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of 
this title shall not be entered on either PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this title 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 201 of S. Con. Res. 21 (110th Congress).

              TITLE V--S CORPORATION PERMANENT TAX RELIEF

SEC. 501. SHORT TITLE.

    This title may be cited as the ``S Corporation Permanent Tax Relief 
Act of 2014''.

SEC. 502. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS OF S 
              CORPORATIONS MADE PERMANENT.

    (a) In General.--Paragraph (7) of section 1374(d) of the Internal 
Revenue Code of 1986 is amended to read as follows:
            ``(7) Recognition period.--
                    ``(A) In general.--The term `recognition period' 
                means the 5-year period beginning with the 1st day of 
                the 1st taxable year for which the corporation was an S 
                corporation. For purposes of applying this section to 
                any amount includible in income by reason of 
                distributions to shareholders pursuant to section 
                593(e), the preceding sentence shall be applied without 
                regard to the phrase `5-year'.
                    ``(B) Installment sales.--If an S corporation sells 
                an asset and reports the income from the sale using the 
                installment method under section 453, the treatment of 
                all payments received shall be governed by the 
                provisions of this paragraph applicable to the taxable 
                year in which such sale was made.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2013.

SEC. 503. PERMANENT RULE REGARDING BASIS ADJUSTMENT TO STOCK OF S 
              CORPORATIONS MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY.

    (a) In General.--Section 1367(a)(2) of the Internal Revenue Code of 
1986 is amended by striking the last sentence.
    (b) Effective Date.--The amendment made by this section shall apply 
to contributions made in taxable years beginning after December 31, 
2013.

SEC. 504. BUDGETARY EFFECTS.

    (a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of 
this title shall not be entered on either PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this title 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 201 of S. Con. Res. 21 (110th Congress).

        TITLE VI--BONUS DEPRECIATION MODIFIED AND MADE PERMANENT

SEC. 601. BONUS DEPRECIATION MODIFIED AND MADE PERMANENT.

    (a) Made Permanent; Inclusion of Qualified Retail Improvement 
Property.--Section 168(k)(2) of the Internal Revenue Code of 1986 is 
amended to read as follows:
            ``(2) Qualified property.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `qualified property' 
                means property--
                            ``(i)(I) to which this section applies 
                        which has a recovery period of 20 years or 
                        less,
                            ``(II) which is computer software (as 
                        defined in section 167(f)(1)(B)) for which a 
                        deduction is allowable under section 167(a) 
                        without regard to this subsection,
                            ``(III) which is water utility property,
                            ``(IV) which is qualified leasehold 
                        improvement property, or
                            ``(V) which is qualified retail improvement 
                        property, and
                            ``(ii) the original use of which commences 
                        with the taxpayer.
                    ``(B) Exception for alternative depreciation 
                property.--The term `qualified property' shall not 
                include any property to which the alternative 
                depreciation system under subsection (g) applies, 
                determined--
                            ``(i) without regard to paragraph (7) of 
                        subsection (g) (relating to election to have 
                        system apply), and
                            ``(ii) after application of section 280F(b) 
                        (relating to listed property with limited 
                        business use).
                    ``(C) Special rules.--
                            ``(i) Sale-leasebacks.--For purposes of 
                        clause (ii) and subparagraph (A)(ii), if 
                        property is--
                                    ``(I) originally placed in service 
                                by a person, and
                                    ``(II) sold and leased back by such 
                                person within 3 months after the date 
                                such property was originally placed in 
                                service,
                        such property shall be treated as originally 
                        placed in service not earlier than the date on 
                        which such property is used under the leaseback 
                        referred to in subclause (II).
                            ``(ii) Syndication.--For purposes of 
                        subparagraph (A)(ii), if--
                                    ``(I) property is originally placed 
                                in service by the lessor of such 
                                property,
                                    ``(II) such property is sold by 
                                such lessor or any subsequent purchaser 
                                within 3 months after the date such 
                                property was originally placed in 
                                service (or, in the case of multiple 
                                units of property subject to the same 
                                lease, within 3 months after the date 
                                the final unit is placed in service, so 
                                long as the period between the time the 
                                first unit is placed in service and the 
                                time the last unit is placed in service 
                                does not exceed 12 months), and
                                    ``(III) the user of such property 
                                after the last sale during such 3-month 
                                period remains the same as when such 
                                property was originally placed in 
                                service,
                        such property shall be treated as originally 
                        placed in service not earlier than the date of 
                        such last sale.
                    ``(D) Coordination with section 280f.--For purposes 
                of section 280F--
                            ``(i) Automobiles.--In the case of a 
                        passenger automobile (as defined in section 
                        280F(d)(5)) which is qualified property, the 
                        Secretary shall increase the limitation under 
                        section 280F(a)(1)(A)(i) by $8,000.
                            ``(ii) Listed property.--The deduction 
                        allowable under paragraph (1) shall be taken 
                        into account in computing any recapture amount 
                        under section 280F(b)(2).
                            ``(iii) Inflation adjustment.--In the case 
                        of any taxable year beginning in a calendar 
                        year after 2014, the $8,000 amount in clause 
                        (i) shall be increased by an amount equal to--
                                    ``(I) such dollar amount, 
                                multiplied by
                                    ``(II) the automobile price 
                                inflation adjustment determined under 
                                section 280F(d)(7)(B)(i) for the 
                                calendar year in which such taxable 
                                year begins by substituting `2013' for 
                                `1987' in subclause (II) thereof.
                        If any increase under the preceding sentence is 
                        not a multiple of $100, such increase shall be 
                        rounded to the nearest multiple of $100.
                    ``(E) Deduction allowed in computing minimum tax.--
                For purposes of determining alternative minimum taxable 
                income under section 55, the deduction under section 
                167 for qualified property shall be determined without 
                regard to any adjustment under section 56.''.
    (b) Expansion of Election to Accelerate Amt Credits in Lieu of 
Bonus Depreciation.--Section 168(k)(4) of such Code is amended to read 
as follows:
            ``(4) Election to accelerate amt credits in lieu of bonus 
        depreciation.--
                    ``(A) In general.--If a corporation elects to have 
                this paragraph apply for any taxable year--
                            ``(i) paragraphs (1)(A), (2)(D)(i), and 
                        (5)(A)(i) shall not apply for such taxable 
                        year,
                            ``(ii) the applicable depreciation method 
                        used under this section with respect to any 
                        qualified property shall be the straight line 
                        method, and
                            ``(iii) the limitation imposed by section 
                        53(c) for such taxable year shall be increased 
                        by the bonus depreciation amount which is 
                        determined for such taxable year under 
                        subparagraph (B).
                    ``(B) Bonus depreciation amount.--For purposes of 
                this paragraph--
                            ``(i) In general.--The bonus depreciation 
                        amount for any taxable year is an amount equal 
                        to 20 percent of the excess (if any) of--
                                    ``(I) the aggregate amount of 
                                depreciation which would be allowed 
                                under this section for qualified 
                                property placed in service by the 
                                taxpayer during such taxable year if 
                                paragraph (1) applied to all such 
                                property, over
                                    ``(II) the aggregate amount of 
                                depreciation which would be allowed 
                                under this section for qualified 
                                property placed in service by the 
                                taxpayer during such taxable year if 
                                paragraph (1) did not apply to any such 
                                property.
                        The aggregate amounts determined under 
                        subclauses (I) and (II) shall be determined 
                        without regard to any election made under 
                        subsection (b)(2)(D), (b)(3)(D), or (g)(7) and 
                        without regard to subparagraph (A)(ii).
                            ``(ii) Limitation.--The bonus depreciation 
                        amount for any taxable year shall not exceed 
                        the lesser of--
                                    ``(I) 50 percent of the minimum tax 
                                credit under section 53(b) for the 
                                first taxable year ending after 
                                December 31, 2013, or
                                    ``(II) the minimum tax credit under 
                                section 53(b) for such taxable year 
                                determined by taking into account only 
                                the adjusted net minimum tax for 
                                taxable years ending before January 1, 
                                2014 (determined by treating credits as 
                                allowed on a first-in, first-out 
                                basis).
                            ``(iii) Aggregation rule.--All corporations 
                        which are treated as a single employer under 
                        section 52(a) shall be treated--
                                    ``(I) as 1 taxpayer for purposes of 
                                this paragraph, and
                                    ``(II) as having elected the 
                                application of this paragraph if any 
                                such corporation so elects.
                    ``(C) Credit refundable.--For purposes of section 
                6401(b), the aggregate increase in the credits 
                allowable under part IV of subchapter A for any taxable 
                year resulting from the application of this paragraph 
                shall be treated as allowed under subpart C of such 
                part (and not any other subpart).
                    ``(D) Other rules.--
                            ``(i) Election.--Any election under this 
                        paragraph may be revoked only with the consent 
                        of the Secretary.
                            ``(ii) Partnerships with electing 
                        partners.--In the case of a corporation which 
                        is a partner in a partnership and which makes 
                        an election under subparagraph (A) for the 
                        taxable year, for purposes of determining such 
                        corporation's distributive share of partnership 
                        items under section 702 for such taxable year--
                                    ``(I) paragraphs (1)(A), (2)(D)(i), 
                                and (5)(A)(i) shall not apply, and
                                    ``(II) the applicable depreciation 
                                method used under this section with 
                                respect to any qualified property shall 
                                be the straight line method.
                            ``(iii) Certain partnerships.--In the case 
                        of a partnership in which more than 50 percent 
                        of the capital and profits interests are owned 
                        (directly or indirectly) at all times during 
                        the taxable year by 1 corporation (or by 
                        corporations treated as 1 taxpayer under 
                        subparagraph (B)(iii)), each partner shall 
                        compute its bonus depreciation amount under 
                        clause (i) of subparagraph (B) by taking into 
                        account its distributive share of the amounts 
                        determined by the partnership under subclauses 
                        (I) and (II) of such clause for the taxable 
                        year of the partnership ending with or within 
                        the taxable year of the partner.''.
    (c) Special Rules for Trees and Vines Bearing Fruits and Nuts.--
Section 168(k) of such Code is amended--
            (1) by striking paragraph (5), and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Special rules for trees and vines bearing fruits and 
        nuts.--
                    ``(A) In general.--In the case of any tree or vine 
                bearing fruits or nuts which is planted, or is grafted 
                to a plant that has already been planted, by the 
                taxpayer in the ordinary course of the taxpayer's 
                farming business (as defined in section 263A(e)(4))--
                            ``(i) a depreciation deduction equal to 50 
                        percent of the adjusted basis of such tree or 
                        vine shall be allowed under section 167(a) for 
                        the taxable year in which such tree or vine is 
                        so planted or grafted, and
                            ``(ii) the adjusted basis of such tree or 
                        vine shall be reduced by the amount of such 
                        deduction.
                    ``(B) Election out.--If a taxpayer makes an 
                election under this subparagraph for any taxable year, 
                this paragraph shall not apply to any tree or vine 
                planted or grafted during such taxable year. An 
                election under this subparagraph may be revoked only 
                with the consent of the Secretary.
                    ``(C) Additional depreciation may be claimed only 
                once.--If this paragraph applies to any tree or vine, 
                such tree or vine shall not be treated as qualified 
                property in the taxable year in which placed in 
                service.
                    ``(D) Coordination with election to accelerate amt 
                credits.--If a corporation makes an election under 
                paragraph (4) for any taxable year, the amount under 
                paragraph (4)(B)(i)(I) for such taxable year shall be 
                increased by the amount determined under subparagraph 
                (A)(i) for such taxable year.
                    ``(E) Deduction allowed in computing minimum tax.--
                Rules similar to the rules of paragraph (2)(E) shall 
                apply for purposes of this paragraph.''.
    (d) Conforming Amendments.--
            (1) Section 168(e)(8) of such Code is amended by striking 
        subparagraph (D).
            (2) Section 168(k) of such Code is amended by adding at the 
        end the following new paragraph:
            ``(6) Election out.--If a taxpayer makes an election under 
        this paragraph with respect to any class of property for any 
        taxable year, this subsection shall not apply to all property 
        in such class placed in service (or, in the case of paragraph 
        (5), planted or grafted) during such taxable year. An election 
        under this paragraph may be revoked only with the consent of 
        the Secretary.''.
            (3) Section 168(l)(5) of such Code is amended by striking 
        ``section 168(k)(2)(G)'' and inserting ``section 
        168(k)(2)(E)''.
            (4) Section 263A(c) of such Code is amended by adding at 
        the end the following new paragraph:
            ``(7) Coordination with section 168(k)(5).--This section 
        shall not apply to any amount allowable as a deduction by 
        reason of section 168(k)(5) (relating to special rules for 
        trees and vines bearing fruits and nuts).''.
            (5) Section 460(c)(6)(B) of such Code is amended by 
        striking ``which--'' and all that follows and inserting ``which 
        has a recovery period of 7 years or less.''.
            (6) Section 168(k) of such Code is amended by striking 
        ``Acquired After December 31, 2007, and Before January 1, 
        2014'' in the heading thereof.
    (e) Effective Dates.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        property placed in service after December 31, 2013.
            (2) Expansion of election to accelerate amt credits in lieu 
        of bonus depreciation.--
                    (A) In general.--The amendment made by subsection 
                (b) (other than so much of such amendment as relates to 
                section 168(k)(4)(D)(iii) of such Code, as added by 
                such amendment) shall apply to taxable years ending 
                after December 31, 2013.
                    (B) Transitional rule.--In the case of a taxable 
                year beginning before January 1, 2014, and ending after 
                December 31, 2013, the bonus depreciation amount 
                determined under section 168(k)(4) of such Code for 
                such year shall be the sum of--
                            (i) such amount determined without regard 
                        to the amendments made by this section and--
                                    (I) by taking into account only 
                                property placed in service before 
                                January 1, 2014, and
                                    (II) by multiplying the limitation 
                                under section 168(k)(4)(C)(ii) of such 
                                Code (determined without regard to the 
                                amendments made by this section) by a 
                                fraction the numerator of which is the 
                                number of days in the taxable year 
                                before January 1, 2014, and the 
                                denominator of which is the number of 
                                days in the taxable year, and
                            (ii) such amount determined after taking 
                        into account the amendments made by this 
                        section and--
                                    (I) by taking into account only 
                                property placed in service after 
                                December 31, 2013, and
                                    (II) by multiplying the limitation 
                                under section 168(k)(4)(B)(ii) of such 
                                Code (as amended by this section) by a 
                                fraction the numerator of which is the 
                                number of days in the taxable year 
                                after December 31, 2013, and the 
                                denominator of which is the number of 
                                days in the taxable year.
            (3) Special rules for certain trees and vines.--The 
        amendment made by subsection (c)(2) shall apply to trees and 
        vines planted or grafted after December 31, 2013.

SEC. 602. BUDGETARY EFFECTS.

    (a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of 
this title shall not be entered on either PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this title 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 201 of S. Con. Res. 21 (110th Congress).

             TITLE VII--REPEAL OF MEDICAL DEVICE EXCISE TAX

SEC. 701. REPEAL OF MEDICAL DEVICE EXCISE TAX.

    (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is 
amended by striking subchapter E.
    (b) Conforming Amendments.--
            (1) Subsection (a) of section 4221 of such Code is amended 
        by striking the last sentence.
            (2) Paragraph (2) of section 6416(b) of such Code is 
        amended by striking the last sentence.
            (3) The table of subchapters for chapter 32 of such Code is 
        amended by striking the item relating to subchapter E.
    (c) Effective Date.--The amendments made by this section shall 
apply to sales after December 31, 2012.

SEC. 702. BUDGETARY EFFECTS.

    (a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of 
this title shall not be entered on either PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this title 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 201 of S. Con. Res. 21 (110th Congress).

                    DIVISION II--FINANCIAL SERVICES

      TITLE I--SMALL BUSINESS CAPITAL ACCESS AND JOB PRESERVATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Small Business Capital Access and 
Job Preservation Act''.

SEC. 102. REGISTRATION AND REPORTING EXEMPTIONS RELATING TO PRIVATE 
              EQUITY FUNDS ADVISORS.

    Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3) is amended by adding at the end the following:
    ``(o) Exemption of and Reporting Requirements by Private Equity 
Funds Advisors.--
            ``(1) In general.--Except as provided in this subsection, 
        no investment adviser shall be subject to the registration or 
        reporting requirements of this title with respect to the 
        provision of investment advice relating to a private equity 
        fund or funds, provided that each such fund has not borrowed 
        and does not have outstanding a principal amount in excess of 
        twice its invested capital commitments.
            ``(2) Maintenance of records and access by commission.--Not 
        later than 6 months after the date of enactment of this 
        subsection, the Commission shall issue final rules--
                    ``(A) to require investment advisers described in 
                paragraph (1) to maintain such records and provide to 
                the Commission such annual or other reports as the 
                Commission may require taking into account fund size, 
                governance, investment strategy, risk, and other 
                factors, as the Commission determines necessary and 
                appropriate in the public interest and for the 
                protection of investors; and
                    ``(B) to define the term `private equity fund' for 
                purposes of this subsection.''.

 TITLE II--SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, AND BROKERAGE 
                             SIMPLIFICATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Small Business Mergers, 
Acquisitions, Sales, and Brokerage Simplification Act of 2014''.

SEC. 202. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.

    Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 
78o(b)) is amended by adding at the end the following:
            ``(13) Registration exemption for merger and acquisition 
        brokers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an M&A broker shall be exempt from 
                registration under this section.
                    ``(B) Excluded activities.--An M&A broker is not 
                exempt from registration under this paragraph if such 
                broker does any of the following:
                            ``(i) Directly or indirectly, in connection 
                        with the transfer of ownership of an eligible 
                        privately held company, receives, holds, 
                        transmits, or has custody of the funds or 
                        securities to be exchanged by the parties to 
                        the transaction.
                            ``(ii) Engages on behalf of an issuer in a 
                        public offering of any class of securities that 
                        is registered, or is required to be registered, 
                        with the Commission under section 12 or with 
                        respect to which the issuer files, or is 
                        required to file, periodic information, 
                        documents, and reports under subsection (d).
                    ``(C) Rule of construction.--Nothing in this 
                paragraph shall be construed to limit any other 
                authority of the Commission to exempt any person, or 
                any class of persons, from any provision of this title, 
                or from any provision of any rule or regulation 
                thereunder.
                    ``(D) Definitions.--In this paragraph:
                            ``(i) Control.--The term `control' means 
                        the power, directly or indirectly, to direct 
                        the management or policies of a company, 
                        whether through ownership of securities, by 
                        contract, or otherwise. There is a presumption 
                        of control for any person who--
                                    ``(I) is a director, general 
                                partner, member or manager of a limited 
                                liability company, or officer 
                                exercising executive responsibility (or 
                                has similar status or functions);
                                    ``(II) has the right to vote 20 
                                percent or more of a class of voting 
                                securities or the power to sell or 
                                direct the sale of 20 percent or more 
                                of a class of voting securities; or
                                    ``(III) in the case of a 
                                partnership or limited liability 
                                company, has the right to receive upon 
                                dissolution, or has contributed, 20 
                                percent or more of the capital.
                            ``(ii) Eligible privately held company.--
                        The term `eligible privately held company' 
                        means a company that meets both of the 
                        following conditions:
                                    ``(I) The company does not have any 
                                class of securities registered, or 
                                required to be registered, with the 
                                Commission under section 12 or with 
                                respect to which the company files, or 
                                is required to file, periodic 
                                information, documents, and reports 
                                under subsection (d).
                                    ``(II) In the fiscal year ending 
                                immediately before the fiscal year in 
                                which the services of the M&A broker 
                                are initially engaged with respect to 
                                the securities transaction, the company 
                                meets either or both of the following 
                                conditions (determined in accordance 
                                with the historical financial 
                                accounting records of the company):
                                            ``(aa) The earnings of the 
                                        company before interest, taxes, 
                                        depreciation, and amortization 
                                        are less than $25,000,000.
                                            ``(bb) The gross revenues 
                                        of the company are less than 
                                        $250,000,000.
                            ``(iii) M&A broker.--The term `M&A broker' 
                        means a broker, and any person associated with 
                        a broker, engaged in the business of effecting 
                        securities transactions solely in connection 
                        with the transfer of ownership of an eligible 
                        privately held company, regardless of whether 
                        the broker acts on behalf of a seller or buyer, 
                        through the purchase, sale, exchange, issuance, 
                        repurchase, or redemption of, or a business 
                        combination involving, securities or assets of 
                        the eligible privately held company, if the 
                        broker reasonably believes that--
                                    ``(I) upon consummation of the 
                                transaction, any person acquiring 
                                securities or assets of the eligible 
                                privately held company, acting alone or 
                                in concert, will control and, directly 
                                or indirectly, will be active in the 
                                management of the eligible privately 
                                held company or the business conducted 
                                with the assets of the eligible 
                                privately held company; and
                                    ``(II) if any person is offered 
                                securities in exchange for securities 
                                or assets of the eligible privately 
                                held company, such person will, prior 
                                to becoming legally bound to consummate 
                                the transaction, receive or have 
                                reasonable access to the most recent 
                                year-end balance sheet, income 
                                statement, statement of changes in 
                                financial position, and statement of 
                                owner's equity of the issuer of the 
                                securities offered in exchange, and, if 
                                the financial statements of the issuer 
                                are audited, the related report of the 
                                independent auditor, a balance sheet 
                                dated not more than 120 days before the 
                                date of the offer, and information 
                                pertaining to the management, business, 
                                results of operations for the period 
                                covered by the foregoing financial 
                                statements, and material loss 
                                contingencies of the issuer.
                    ``(E) Inflation adjustment.--
                            ``(i) In general.--On the date that is 5 
                        years after the date of the enactment of the 
                        Small Business Mergers, Acquisitions, Sales, 
                        and Brokerage Simplification Act of 2014, and 
                        every 5 years thereafter, each dollar amount in 
                        subparagraph (D)(ii)(II) shall be adjusted by--
                                    ``(I) dividing the annual value of 
                                the Employment Cost Index For Wages and 
                                Salaries, Private Industry Workers (or 
                                any successor index), as published by 
                                the Bureau of Labor Statistics, for the 
                                calendar year preceding the calendar 
                                year in which the adjustment is being 
                                made by the annual value of such index 
                                (or successor) for the calendar year 
                                ending December 31, 2012; and
                                    ``(II) multiplying such dollar 
                                amount by the quotient obtained under 
                                subclause (I).
                            ``(ii) Rounding.--Each dollar amount 
                        determined under clause (i) shall be rounded to 
                        the nearest multiple of $100,000.''.

SEC. 203. EFFECTIVE DATE.

    This title and any amendment made by this title shall take effect 
on the date that is 90 days after the date of the enactment of this 
Act.

                        DIVISION III--OVERSIGHT

     SUBDIVISION A--UNFUNDED MANDATES INFORMATION AND TRANSPARENCY

SEC. 101. SHORT TITLE.

    This subdivision may be cited as the ``Unfunded Mandates 
Information and Transparency Act of 2014''.

SEC. 102. PURPOSE.

    The purpose of this title is--
            (1) to improve the quality of the deliberations of Congress 
        with respect to proposed Federal mandates by--
                    (A) providing Congress and the public with more 
                complete information about the effects of such 
                mandates; and
                    (B) ensuring that Congress acts on such mandates 
                only after focused deliberation on their effects; and
            (2) to enhance the ability of Congress and the public to 
        identify Federal mandates that may impose undue harm on 
        consumers, workers, employers, small businesses, and State, 
        local, and tribal governments.

SEC. 103. PROVIDING FOR CONGRESSIONAL BUDGET OFFICE STUDIES ON POLICIES 
              INVOLVING CHANGES IN CONDITIONS OF GRANT AID.

    Section 202(g) of the Congressional Budget Act of 1974 (2 U.S.C. 
602(g)) is amended by adding at the end the following new paragraph:
            ``(3) Additional studies.--At the request of any Chairman 
        or ranking member of the minority of a Committee of the Senate 
        or the House of Representatives, the Director shall conduct an 
        assessment comparing the authorized level of funding in a bill 
        or resolution to the prospective costs of carrying out any 
        changes to a condition of Federal assistance being imposed on 
        State, local, or tribal governments participating in the 
        Federal assistance program concerned or, in the case of a bill 
        or joint resolution that authorizes such sums as are necessary, 
        an assessment of an estimated level of funding compared to such 
        costs.''.

SEC. 104. CLARIFYING THE DEFINITION OF DIRECT COSTS TO REFLECT 
              CONGRESSIONAL BUDGET OFFICE PRACTICE.

    Section 421(3) of the Congressional Budget Act of 1974 (2 U.S.C. 
658(3)(A)(i)) is amended--
            (1) in subparagraph (A)(i), by inserting ``incur or'' 
        before ``be required''; and
            (2) in subparagraph (B), by inserting after ``to spend'' 
        the following: ``or could forgo in profits, including costs 
        passed on to consumers or other entities taking into account, 
        to the extent practicable, behavioral changes,''.

SEC. 105. EXPANDING THE SCOPE OF REPORTING REQUIREMENTS TO INCLUDE 
              REGULATIONS IMPOSED BY INDEPENDENT REGULATORY AGENCIES.

    Paragraph (1) of section 421 of the Congressional Budget Act of 
1974 (2 U.S.C. 658) is amended by striking ``, but does not include 
independent regulatory agencies'' and inserting ``, except it does not 
include the Board of Governors of the Federal Reserve System or the 
Federal Open Market Committee''.

SEC. 106. AMENDMENTS TO REPLACE OFFICE OF MANAGEMENT AND BUDGET WITH 
              OFFICE OF INFORMATION AND REGULATORY AFFAIRS.

    The Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2 
U.S.C. 1511 et seq.) is amended--
            (1) in section 103(c) (2 U.S.C. 1511(c))--
                    (A) in the subsection heading, by striking ``Office 
                of Management and Budget'' and inserting ``Office of 
                Information and Regulatory Affairs''; and
                    (B) by striking ``Director of the Office of 
                Management and Budget'' and inserting ``Administrator 
                of the Office of Information and Regulatory Affairs'';
            (2) in section 205(c) (2 U.S.C. 1535(c))--
                    (A) in the subsection heading, by striking ``OMB''; 
                and
                    (B) by striking ``Director of the Office of 
                Management and Budget'' and inserting ``Administrator 
                of the Office of Information and Regulatory Affairs''; 
                and
            (3) in section 206 (2 U.S.C. 1536), by striking ``Director 
        of the Office of Management and Budget'' and inserting 
        ``Administrator of the Office of Information and Regulatory 
        Affairs''.

SEC. 107. APPLYING SUBSTANTIVE POINT OF ORDER TO PRIVATE SECTOR 
              MANDATES.

    Section 425(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 
658d(a)(2)) is amended--
            (1) by striking ``Federal intergovernmental mandates'' and 
        inserting ``Federal mandates''; and
            (2) by inserting ``or 424(b)(1)'' after ``section 
        424(a)(1)''.

SEC. 108. REGULATORY PROCESS AND PRINCIPLES.

    Section 201 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531) is amended to read as follows:

``SEC. 201. REGULATORY PROCESS AND PRINCIPLES.

    ``(a) In General.--Each agency shall, unless otherwise expressly 
prohibited by law, assess the effects of Federal regulatory actions on 
State, local, and tribal governments and the private sector (other than 
to the extent that such regulatory actions incorporate requirements 
specifically set forth in law) in accordance with the following 
principles:
            ``(1) Each agency shall identify the problem that it 
        intends to address (including, if applicable, the failures of 
        private markets or public institutions that warrant new agency 
        action) as well as assess the significance of that problem.
            ``(2) Each agency shall examine whether existing 
        regulations (or other law) have created, or contributed to, the 
        problem that a new regulation is intended to correct and 
        whether those regulations (or other law) should be modified to 
        achieve the intended goal of regulation more effectively.
            ``(3) Each agency shall identify and assess available 
        alternatives to direct regulation, including providing economic 
        incentives to encourage the desired behavior, such as user fees 
        or marketable permits, or providing information upon which 
        choices can be made by the public.
            ``(4) If an agency determines that a regulation is the best 
        available method of achieving the regulatory objective, it 
        shall design its regulations in the most cost-effective manner 
        to achieve the regulatory objective. In doing so, each agency 
        shall consider incentives for innovation, consistency, 
        predictability, the costs of enforcement and compliance (to the 
        government, regulated entities, and the public), flexibility, 
        distributive impacts, and equity.
            ``(5) Each agency shall assess both the costs and the 
        benefits of the intended regulation and, recognizing that some 
        costs and benefits are difficult to quantify, propose or adopt 
        a regulation, unless expressly prohibited by law, only upon a 
        reasoned determination that the benefits of the intended 
        regulation justify its costs.
            ``(6) Each agency shall base its decisions on the best 
        reasonably obtainable scientific, technical, economic, and 
        other information concerning the need for, and consequences of, 
        the intended regulation.
            ``(7) Each agency shall identify and assess alternative 
        forms of regulation and shall, to the extent feasible, specify 
        performance objectives, rather than specifying the behavior or 
        manner of compliance that regulated entities must adopt.
            ``(8) Each agency shall avoid regulations that are 
        inconsistent, incompatible, or duplicative with its other 
        regulations or those of other Federal agencies.
            ``(9) Each agency shall tailor its regulations to minimize 
        the costs of the cumulative impact of regulations.
            ``(10) Each agency shall draft its regulations to be simple 
        and easy to understand, with the goal of minimizing the 
        potential for uncertainty and litigation arising from such 
        uncertainty.
    ``(b) Regulatory Action Defined.--In this section, the term 
`regulatory action' means any substantive action by an agency (normally 
published in the Federal Register) that promulgates or is expected to 
lead to the promulgation of a final rule or regulation, including 
advance notices of proposed rulemaking and notices of proposed 
rulemaking.''.

SEC. 109. EXPANDING THE SCOPE OF STATEMENTS TO ACCOMPANY SIGNIFICANT 
              REGULATORY ACTIONS.

    (a) In General.--Subsection (a) of section 202 of the Unfunded 
Mandates Reform Act of 1995 (2 U.S.C. 1532) is amended to read as 
follows:
    ``(a) In General.--Unless otherwise expressly prohibited by law, 
before promulgating any general notice of proposed rulemaking or any 
final rule, or within six months after promulgating any final rule that 
was not preceded by a general notice of proposed rulemaking, if the 
proposed rulemaking or final rule includes a Federal mandate that may 
result in an annual effect on State, local, or tribal governments, or 
to the private sector, in the aggregate of $100,000,000 or more in any 
1 year, the agency shall prepare a written statement containing the 
following:
            ``(1) The text of the draft proposed rulemaking or final 
        rule, together with a reasonably detailed description of the 
        need for the proposed rulemaking or final rule and an 
        explanation of how the proposed rulemaking or final rule will 
        meet that need.
            ``(2) An assessment of the potential costs and benefits of 
        the proposed rulemaking or final rule, including an explanation 
        of the manner in which the proposed rulemaking or final rule is 
        consistent with a statutory requirement and avoids undue 
        interference with State, local, and tribal governments in the 
        exercise of their governmental functions.
            ``(3) A qualitative and quantitative assessment, including 
        the underlying analysis, of benefits anticipated from the 
        proposed rulemaking or final rule (such as the promotion of the 
        efficient functioning of the economy and private markets, the 
        enhancement of health and safety, the protection of the natural 
        environment, and the elimination or reduction of discrimination 
        or bias).
            ``(4) A qualitative and quantitative assessment, including 
        the underlying analysis, of costs anticipated from the proposed 
        rulemaking or final rule (such as the direct costs both to the 
        Government in administering the final rule and to businesses 
        and others in complying with the final rule, and any adverse 
        effects on the efficient functioning of the economy, private 
        markets (including productivity, employment, and international 
        competitiveness), health, safety, and the natural environment).
            ``(5) Estimates by the agency, if and to the extent that 
        the agency determines that accurate estimates are reasonably 
        feasible, of--
                    ``(A) the future compliance costs of the Federal 
                mandate; and
                    ``(B) any disproportionate budgetary effects of the 
                Federal mandate upon any particular regions of the 
                Nation or particular State, local, or tribal 
                governments, urban or rural or other types of 
                communities, or particular segments of the private 
                sector.
            ``(6)(A) A detailed description of the extent of the 
        agency's prior consultation with the private sector and elected 
        representatives (under section 204) of the affected State, 
        local, and tribal governments.
            ``(B) A detailed summary of the comments and concerns that 
        were presented by the private sector and State, local, or 
        tribal governments either orally or in writing to the agency.
            ``(C) A detailed summary of the agency's evaluation of 
        those comments and concerns.
            ``(7) A detailed summary of how the agency complied with 
        each of the regulatory principles described in section 201.''.
    (b) Requirement for Detailed Summary.--Subsection (b) of section 
202 of such Act is amended by inserting ``detailed'' before 
``summary''.

SEC. 110. ENHANCED STAKEHOLDER CONSULTATION.

    Section 204 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1534) is amended--
            (1) in the section heading, by inserting ``and private 
        sector'' before ``input'';
            (2) in subsection (a)--
                    (A) by inserting ``, and impacted parties within 
                the private sector (including small business),'' after 
                ``on their behalf)'';
                    (B) by striking ``Federal intergovernmental 
                mandates'' and inserting ``Federal mandates''; and
            (3) by amending subsection (c) to read as follows:
    ``(c) Guidelines.--For appropriate implementation of subsections 
(a) and (b) consistent with applicable laws and regulations, the 
following guidelines shall be followed:
            ``(1) Consultations shall take place as early as possible, 
        before issuance of a notice of proposed rulemaking, continue 
        through the final rule stage, and be integrated explicitly into 
        the rulemaking process.
            ``(2) Agencies shall consult with a wide variety of State, 
        local, and tribal officials and impacted parties within the 
        private sector (including small businesses). Geographic, 
        political, and other factors that may differentiate varying 
        points of view should be considered.
            ``(3) Agencies should estimate benefits and costs to assist 
        with these consultations. The scope of the consultation should 
        reflect the cost and significance of the Federal mandate being 
        considered.
            ``(4) Agencies shall, to the extent practicable--
                    ``(A) seek out the views of State, local, and 
                tribal governments, and impacted parties within the 
                private sector (including small business), on costs, 
                benefits, and risks; and
                    ``(B) solicit ideas about alternative methods of 
                compliance and potential flexibilities, and input on 
                whether the Federal regulation will harmonize with and 
                not duplicate similar laws in other levels of 
                government.
            ``(5) Consultations shall address the cumulative impact of 
        regulations on the affected entities.
            ``(6) Agencies may accept electronic submissions of 
        comments by relevant parties but may not use those comments as 
        the sole method of satisfying the guidelines in this 
        subsection.''.

SEC. 111. NEW AUTHORITIES AND RESPONSIBILITIES FOR OFFICE OF 
              INFORMATION AND REGULATORY AFFAIRS.

    Section 208 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1538) is amended to read as follows:

``SEC. 208. OFFICE OF INFORMATION AND REGULATORY AFFAIRS 
              RESPONSIBILITIES.

    ``(a) In General.--The Administrator of the Office of Information 
and Regulatory Affairs shall provide meaningful guidance and oversight 
so that each agency's regulations for which a written statement is 
required under section 202 are consistent with the principles and 
requirements of this title, as well as other applicable laws, and do 
not conflict with the policies or actions of another agency. If the 
Administrator determines that an agency's regulations for which a 
written statement is required under section 202 do not comply with such 
principles and requirements, are not consistent with other applicable 
laws, or conflict with the policies or actions of another agency, the 
Administrator shall identify areas of non-compliance, notify the 
agency, and request that the agency comply before the agency finalizes 
the regulation concerned.
    ``(b) Annual Statements to Congress on Agency Compliance.--The 
Director of the Office of Information and Regulatory Affairs annually 
shall submit to Congress, including the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on Oversight 
and Government Reform of the House of Representatives, a written report 
detailing compliance by each agency with the requirements of this title 
that relate to regulations for which a written statement is required by 
section 202, including activities undertaken at the request of the 
Director to improve compliance, during the preceding reporting period. 
The report shall also contain an appendix detailing compliance by each 
agency with section 204.''.

SEC. 112. RETROSPECTIVE ANALYSIS OF EXISTING FEDERAL REGULATIONS.

    The Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2 
U.S.C. 1511 et seq.) is amended--
            (1) by redesignating section 209 as section 210; and
            (2) by inserting after section 208 the following new 
        section 209:

``SEC. 209. RETROSPECTIVE ANALYSIS OF EXISTING FEDERAL REGULATIONS.

    ``(a) Requirement.--At the request of the chairman or ranking 
minority member of a standing or select committee of the House of 
Representatives or the Senate, an agency shall conduct a retrospective 
analysis of an existing Federal regulation promulgated by an agency.
    ``(b) Report.--Each agency conducting a retrospective analysis of 
existing Federal regulations pursuant to subsection (a) shall submit to 
the chairman of the relevant committee, Congress, and the Comptroller 
General a report containing, with respect to each Federal regulation 
covered by the analysis--
            ``(1) a copy of the Federal regulation;
            ``(2) the continued need for the Federal regulation;
            ``(3) the nature of comments or complaints received 
        concerning the Federal regulation from the public since the 
        Federal regulation was promulgated;
            ``(4) the extent to which the Federal regulation overlaps, 
        duplicates, or conflicts with other Federal regulations, and, 
        to the extent feasible, with State and local governmental 
        rules;
            ``(5) the degree to which technology, economic conditions, 
        or other factors have changed in the area affected by the 
        Federal regulation;
            ``(6) a complete analysis of the retrospective direct costs 
        and benefits of the Federal regulation that considers studies 
        done outside the Federal Government (if any) estimating such 
        costs or benefits; and
            ``(7) any litigation history challenging the Federal 
        regulation.''.

SEC. 113. EXPANSION OF JUDICIAL REVIEW.

    Section 401(a) of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1571(a)) is amended--
            (1) in paragraphs (1) and (2)(A)--
                    (A) by striking ``sections 202 and 203(a)(1) and 
                (2)'' each place it appears and inserting ``sections 
                201, 202, 203(a)(1) and (2), and 205(a) and (b)''; and
                    (B) by striking ``only'' each place it appears;
            (2) in paragraph (2)(B), by striking ``section 202'' and 
        all that follows through the period at the end and inserting 
        the following: ``section 202, prepare the written plan under 
        section 203(a)(1) and (2), or comply with section 205(a) and 
        (b), a court may compel the agency to prepare such written 
        statement, prepare such written plan, or comply with such 
        section.''; and
            (3) in paragraph (3), by striking ``written statement or 
        plan is required'' and all that follows through ``shall not'' 
        and inserting the following: ``written statement under section 
        202, a written plan under section 203(a)(1) and (2), or 
        compliance with sections 201 and 205(a) and (b) is required, 
        the inadequacy or failure to prepare such statement (including 
        the inadequacy or failure to prepare any estimate, analysis, 
        statement, or description), to prepare such written plan, or to 
        comply with such section may''.

   SUBDIVISION B--ACHIEVING LESS EXCESS IN REGULATION AND REQUIRING 
                              TRANSPARENCY

SEC. 100. SHORT TITLE; TABLE OF CONTENTS.

    This subdivision may be cited as the ``Achieving Less Excess in 
Regulation and Requiring Transparency Act of 2014'' or as the ``ALERRT 
Act of 2014''.

         TITLE I--ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``All Economic Regulations are 
Transparent Act of 2014'' or the ``ALERT Act of 2014''.

SEC. 102. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF 
              INFORMATION RELATING TO RULES.

    (a) Amendment.--Title 5, United States Code, is amended by 
inserting after chapter 6, the following new chapter:

``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION 
                    OF INFORMATION RELATING TO 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.
``Sec. 651. Agency monthly submission to Office of Information and 
              Regulatory Affairs
    ``On a monthly basis, the head of each agency shall submit to the 
Administrator of the Office of Information and Regulatory Affairs 
(referred to in this chapter as the `Administrator'), in such a manner 
as the Administrator may reasonably require, the following information:
            ``(1) For each rule that the agency expects to propose or 
        finalize during the following year:
                    ``(A) A summary of the nature of the rule, 
                including the regulation identifier number and the 
                docket number for the rule.
                    ``(B) The objectives of and legal basis for the 
                issuance of the rule, including--
                            ``(i) any statutory or judicial deadline; 
                        and
                            ``(ii) whether the legal basis restricts or 
                        precludes the agency from conducting an 
                        analysis of the costs or benefits of the rule 
                        during the rule making, and if not, whether the 
                        agency plans to conduct an analysis of the 
                        costs or benefits of the rule during the rule 
                        making.
                    ``(C) Whether the agency plans to claim an 
                exemption from the requirements of section 553 pursuant 
                to section 553(b)(B).
                    ``(D) The stage of the rule making as of the date 
                of submission.
                    ``(E) Whether the rule is subject to review under 
                section 610.
            ``(2) For any rule for which the agency expects to finalize 
        during the following year and has issued a general notice of 
        proposed rule making--
                    ``(A) an approximate schedule for completing action 
                on the rule;
                    ``(B) an estimate of whether the rule will cost--
                            ``(i) less than $50,000,000;
                            ``(ii) $50,000,000 or more but less than 
                        $100,000,000;
                            ``(iii) $100,000,000 or more but less than 
                        $500,000,000;
                            ``(iv) $500,000,000 or more but less than 
                        $1,000,000,000;
                            ``(v) $1,000,000,000 or more but less than 
                        $5,000,000,000;
                            ``(vi) $5,000,000,000 or more but less than 
                        $10,000,000,000; or
                            ``(vii) $10,000,000,000 or more; and
                    ``(C) any estimate of the economic effects of the 
                rule, including any estimate of the net effect that the 
                rule will have on the number of jobs in the United 
                States, that was considered in drafting the rule. If 
                such estimate is not available, a statement affirming 
                that no information on the economic effects, including 
                the effect on the number of jobs, of the rule has been 
                considered.
``Sec. 652. Office of Information and Regulatory Affairs Publications
    ``(a) Agency-Specific Information Published Monthly.--Not later 
than 30 days after the submission of information pursuant to section 
651, the Administrator shall make such information publicly available 
on the Internet.
    ``(b) Cumulative Assessment of Agency Rule Making Published 
Annually.--
            ``(1) Publication in the federal register.--Not later than 
        October 1 of each year, the Administrator shall publish in the 
        Federal Register, for the previous year the following:
                    ``(A) The information that the Administrator 
                received from the head of each agency under section 
                651.
                    ``(B) The number of rules and a list of each such 
                rule--
                            ``(i) that was proposed by each agency, 
                        including, for each such rule, an indication of 
                        whether the issuing agency conducted an 
                        analysis of the costs or benefits of the rule; 
                        and
                            ``(ii) that was finalized by each agency, 
                        including for each such rule an indication of 
                        whether--
                                    ``(I) the issuing agency conducted 
                                an analysis of the costs or benefits of 
                                the rule;
                                    ``(II) the agency claimed an 
                                exemption from the procedures under 
                                section 553 pursuant to section 
                                553(b)(B); and
                                    ``(III) the rule was issued 
                                pursuant to a statutory mandate or the 
                                rule making is committed to agency 
                                discretion by law.
                    ``(C) The number of agency actions and a list of 
                each such action taken by each agency that--
                            ``(i) repealed a rule;
                            ``(ii) reduced the scope of a rule;
                            ``(iii) reduced the cost of a rule; or
                            ``(iv) accelerated the expiration date of a 
                        rule.
                    ``(D) The total cost (without reducing the cost by 
                any offsetting benefits) of all rules proposed or 
                finalized, and the number of rules for which an 
                estimate of the cost of the rule was not available.
            ``(2) Publication on the internet.--Not later than October 
        1 of each year, the Administrator shall make publicly available 
        on the Internet the following:
                    ``(A) The analysis of the costs or benefits, if 
                conducted, for each proposed rule or final rule issued 
                by an agency for the previous year.
                    ``(B) The docket number and regulation identifier 
                number for each proposed or final rule issued by an 
                agency for the previous year.
                    ``(C) The number of rules and a list of each such 
                rule reviewed by the Director of the Office of 
                Management and Budget for the previous year, and the 
                authority under which each such review was conducted.
                    ``(D) The number of rules and a list of each such 
                rule for which the head of an agency completed a review 
                under section 610 for the previous year.
                    ``(E) The number of rules and a list of each such 
                rule submitted to the Comptroller General under section 
                801.
                    ``(F) The number of rules and a list of each such 
                rule for which a resolution of disapproval was 
                introduced in either the House of Representatives or 
                the Senate under section 802.
``Sec. 653. Requirement for rules to appear in agency-specific monthly 
              publication
    ``(a) In General.--Subject to subsection (b), a rule may not take 
effect until the information required to be made publicly available on 
the Internet regarding such rule pursuant to section 652(a) has been so 
available for not less than 6 months.
    ``(b) Exceptions.--The requirement of subsection (a) shall not 
apply in the case of a rule--
            ``(1) for which the agency issuing the rule claims an 
        exception under section 553(b)(B); or
            ``(2) which the President determines by Executive order 
        should take effect because the rule is--
                    ``(A) necessary because of an imminent threat to 
                health or safety or other emergency;
                    ``(B) necessary for the enforcement of criminal 
                laws;
                    ``(C) necessary for national security; or
                    ``(D) issued pursuant to any statute implementing 
                an international trade agreement.
``Sec. 654. Definitions
    ``In this chapter, the terms `agency', `agency action', `rule', and 
`rule making' have the meanings given those terms in section 551.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part I of title 5, United States Code, is amended by inserting after 
the item relating to chapter 5, the following:

``6.  The Analysis of Regulatory Functions..................       601 
``6A.  Office of Information and Regulatory Affairs              651''.
                            Publication of Information 
                            Relating to Rules.
    (c) Effective Dates.--
            (1) Agency monthly submission to the office of information 
        and regulatory affairs.--The first submission required pursuant 
        to section 651 of title 5, United States Code, as added by 
        subsection (a), shall be submitted not later than 30 days after 
        the date of the enactment of this title, and monthly 
        thereafter.
            (2) Cumulative assessment of agency rule making.--
                    (A) In general.--Subsection (b) of section 652 of 
                title 5, United States Code, as added by subsection 
                (a), shall take effect on the date that is 60 days 
                after the date of the enactment of this title.
                    (B) Deadline.--The first requirement to publish or 
                make available, as the case may be, under subsection 
                (b) of section 652 of title 5, United States Code, as 
                added by subsection (a), shall be the first October 1 
                after the effective date of such subsection.
                    (C) First publication.--The requirement under 
                section 652(b)(2)(A) of title 5, United States Code, as 
                added by subsection (a), shall include for the first 
                publication, any analysis of the costs or benefits 
                conducted for a proposed or final rule, for the 10 
                years before the date of the enactment of this title.
            (3) Requirement for rules to appear in agency-specific 
        monthly publication.--Section 653 of title 5, United States 
        Code, as added by subsection (a), shall take effect on the date 
        that is 8 months after the date of the enactment of this title.

                TITLE II--REGULATORY ACCOUNTABILITY ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Regulatory Accountability Act of 
2014''.

SEC. 202. DEFINITIONS.

    Section 551 of title 5, United States Code, is amended--
            (1) in paragraph (13), by striking ``and'' at the end;
            (2) in paragraph (14), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(15) `major rule' means any rule that the Administrator 
        of the Office of Information and Regulatory Affairs determines 
        is likely to impose--
                    ``(A) an annual cost on the economy of $100,000,000 
                or more, adjusted annually for inflation;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, 
                local, or tribal government agencies, or geographic 
                regions;
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets; or
                    ``(D) significant impacts on multiple sectors of 
                the economy;
            ``(16) `high-impact rule' means any rule that the 
        Administrator of the Office of Information and Regulatory 
        Affairs determines is likely to impose an annual cost on the 
        economy of $1,000,000,000 or more, adjusted annually for 
        inflation;
            ``(17) `negative-impact on jobs and wages rule' means any 
        rule that the agency that made the rule or the Administrator of 
        the Office of Information and Regulatory Affairs determines is 
        likely to--
                    ``(A) in one or more sectors of the economy that 
                has a 6-digit code under the North American Industry 
                Classification System, reduce employment not related to 
                new regulatory compliance by 1 percent or more annually 
                during the 1-year, 5-year, or 10-year period after 
                implementation;
                    ``(B) in one or more sectors of the economy that 
                has a 6-digit code under the North American Industry 
                Classification System, reduce average weekly wages for 
                employment not related to new regulatory compliance by 
                1 percent or more annually during the 1-year, 5-year, 
                or 10-year period after implementation;
                    ``(C) in any industry area (as such term is defined 
                in the Current Population Survey conducted by the 
                Bureau of Labor Statistics) in which the most recent 
                annual unemployment rate for the industry area is 
                greater than 5 percent, as determined by the Bureau of 
                Labor Statistics in the Current Population Survey, 
                reduce employment not related to new regulatory 
                compliance during the first year after implementation; 
                or
                    ``(D) in any industry area in which the Bureau of 
                Labor Statistics projects in the Occupational 
                Employment Statistics program that the employment level 
                will decrease by 1 percent or more, further reduce 
                employment not related to new regulatory compliance 
                during the first year after implementation;
            ``(18) `guidance' means an agency statement of general 
        applicability and future effect, other than a regulatory 
        action, that sets forth a policy on a statutory, regulatory or 
        technical issue or an interpretation of a statutory or 
        regulatory issue;
            ``(19) `major guidance' means guidance that the 
        Administrator of the Office of Information and Regulatory 
        Affairs finds is likely to lead to--
                    ``(A) an annual cost on the economy of $100,000,000 
                or more, adjusted annually for inflation;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, local 
                or tribal government agencies, or geographic regions;
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets; or
                    ``(D) significant impacts on multiple sectors of 
                the economy;
            ``(20) the `Information Quality Act' means section 515 of 
        Public Law 106-554, the Treasury and General Government 
        Appropriations Act for Fiscal Year 2001, and guidelines issued 
        by the Administrator of the Office of Information and 
        Regulatory Affairs or other agencies pursuant to the Act; and
            ``(21) the `Office of Information and Regulatory Affairs' 
        means the office established under section 3503 of chapter 35 
        of title 44 and any successor to that office.''.

SEC. 203. RULE MAKING.

    (a) Section 553(a) of title 5, United States Code, is amended by 
striking ``(a) This section applies'' and inserting ``(a) 
Applicability.--This section applies''.
    (b) Section 553 of title 5, United States Code, is amended by 
striking subsections (b) through (e) and inserting the following:
    ``(b) Rule Making Considerations.--In a rule making, an agency 
shall make all preliminary and final factual determinations based on 
evidence and consider, in addition to other applicable considerations, 
the following:
            ``(1) The legal authority under which a rule may be 
        proposed, including whether a rule making is required by 
        statute, and if so, whether by a specific date, or whether the 
        agency has discretion to commence a rule making.
            ``(2) Other statutory considerations applicable to whether 
        the agency can or should propose a rule or undertake other 
        agency action.
            ``(3) The specific nature and significance of the problem 
        the agency may address with a rule (including the degree and 
        nature of risks the problem poses and the priority of 
        addressing those risks compared to other matters or activities 
        within the agency's jurisdiction), whether the problem warrants 
        new agency action, and the countervailing risks that may be 
        posed by alternatives for new agency action.
            ``(4) Whether existing rules have created or contributed to 
        the problem the agency may address with a rule and whether 
        those rules could be amended or rescinded to address the 
        problem in whole or part.
            ``(5) Any reasonable alternatives for a new rule or other 
        response identified by the agency or interested persons, 
        including not only responses that mandate particular conduct or 
        manners of compliance, but also--
                    ``(A) the alternative of no Federal response;
                    ``(B) amending or rescinding existing rules;
                    ``(C) potential regional, State, local, or tribal 
                regulatory action or other responses that could be 
                taken in lieu of agency action; and
                    ``(D) potential responses that--
                            ``(i) specify performance objectives rather 
                        than conduct or manners of compliance;
                            ``(ii) establish economic incentives to 
                        encourage desired behavior;
                            ``(iii) provide information upon which 
                        choices can be made by the public; or
                            ``(iv) incorporate other innovative 
                        alternatives rather than agency actions that 
                        specify conduct or manners of compliance.
            ``(6) Notwithstanding any other provision of law--
                    ``(A) the potential costs and benefits associated 
                with potential alternative rules and other responses 
                considered under section 553(b)(5), including direct, 
                indirect, and cumulative costs and benefits and 
                estimated impacts on jobs (including an estimate of the 
                net gain or loss in domestic jobs), wages, economic 
                growth, innovation, and economic competitiveness;
                    ``(B) means to increase the cost-effectiveness of 
                any Federal response; and
                    ``(C) incentives for innovation, consistency, 
                predictability, lower costs of enforcement and 
                compliance (to government entities, regulated entities, 
                and the public), and flexibility.
    ``(c) Advance Notice of Proposed Rule Making for Major Rules, High-
Impact Rules, Negative-Impact on Jobs and Wages Rules, and Rules 
Involving Novel Legal or Policy Issues.--In the case of a rule making 
for a major rule, a high-impact rule, a negative-impact on jobs and 
wages rule, or a rule that involves a novel legal or policy issue 
arising out of statutory mandates, not later than 90 days before a 
notice of proposed rule making is published in the Federal Register, an 
agency shall publish advance notice of proposed rule making in the 
Federal Register. In publishing such advance notice, the agency shall--
            ``(1) include a written statement identifying, at a 
        minimum--
                    ``(A) the nature and significance of the problem 
                the agency may address with a rule, including data and 
                other evidence and information on which the agency 
                expects to rely for the proposed rule;
                    ``(B) the legal authority under which a rule may be 
                proposed, including whether a rule making is required 
                by statute, and if so, whether by a specific date, or 
                whether the agency has discretion to commence a rule 
                making;
                    ``(C) preliminary information available to the 
                agency concerning the other considerations specified in 
                subsection (b);
                    ``(D) in the case of a rule that involves a novel 
                legal or policy issue arising out of statutory 
                mandates, the nature of and potential reasons to adopt 
                the novel legal or policy position upon which the 
                agency may base a proposed rule; and
                    ``(E) an achievable objective for the rule and 
                metrics by which the agency will measure progress 
                toward that objective;
            ``(2) solicit written data, views or argument from 
        interested persons concerning the information and issues 
        addressed in the advance notice; and
            ``(3) provide for a period of not fewer than 60 days for 
        interested persons to submit such written data, views, or 
        argument to the agency.
    ``(d) Notices of Proposed Rule Making; Determinations of Other 
Agency Course.--(1) Before it determines to propose a rule, and 
following completion of procedures under subsection (c), if applicable, 
the agency shall consult with the Administrator of the Office of 
Information and Regulatory Affairs. If the agency thereafter determines 
to propose a rule, the agency shall publish a notice of proposed rule 
making, which shall include--
            ``(A) a statement of the time, place, and nature of public 
        rule making proceedings;
            ``(B) reference to the legal authority under which the rule 
        is proposed;
            ``(C) the terms of the proposed rule;
            ``(D) a description of information known to the agency on 
        the subject and issues of the proposed rule, including but not 
        limited to--
                    ``(i) a summary of information known to the agency 
                concerning the considerations specified in subsection 
                (b);
                    ``(ii) a summary of additional information the 
                agency provided to and obtained from interested persons 
                under subsection (c);
                    ``(iii) a summary of any preliminary risk 
                assessment or regulatory impact analysis performed by 
                the agency; and
                    ``(iv) information specifically identifying all 
                data, studies, models, and other evidence or 
                information considered or used by the agency in 
                connection with its determination to propose the rule;
            ``(E)(i) a reasoned preliminary determination of need for 
        the rule based on the information described under subparagraph 
        (D);
            ``(ii) an additional statement of whether a rule is 
        required by statute; and
            ``(iii) an achievable objective for the rule and metrics by 
        which the agency will measure progress toward that objective;
            ``(F) a reasoned preliminary determination that the 
        benefits of the proposed rule meet the relevant statutory 
        objectives and justify the costs of the proposed rule 
        (including all costs to be considered under subsection (b)(6)), 
        based on the information described under subparagraph (D);
            ``(G) a discussion of--
                    ``(i) the alternatives to the proposed rule, and 
                other alternative responses, considered by the agency 
                under subsection (b);
                    ``(ii) the costs and benefits of those alternatives 
                (including all costs to be considered under subsection 
                (b)(6));
                    ``(iii) whether those alternatives meet relevant 
                statutory objectives; and
                    ``(iv) why the agency did not propose any of those 
                alternatives; and
            ``(H)(i) a statement of whether existing rules have created 
        or contributed to the problem the agency seeks to address with 
        the proposed rule; and
            ``(ii) if so, whether or not the agency proposes to amend 
        or rescind any such rules, and why.
All information provided to or considered by the agency, and steps to 
obtain information by the agency, in connection with its determination 
to propose the rule, including any preliminary risk assessment or 
regulatory impact analysis prepared by the agency and all other 
information prepared or described by the agency under subparagraph (D) 
and, at the discretion of the President or the Administrator of the 
Office of Information and Regulatory Affairs, information provided by 
that Office in consultations with the agency, shall be placed in the 
docket for the proposed rule and made accessible to the public by 
electronic means and otherwise for the public's use when the notice of 
proposed rule making is published.
    ``(2)(A) If the agency undertakes procedures under subsection (c) 
and determines thereafter not to propose a rule, the agency shall, 
following consultation with the Office of Information and Regulatory 
Affairs, publish a notice of determination of other agency course. A 
notice of determination of other agency course shall include 
information required by paragraph (1)(D) to be included in a notice of 
proposed rule making and a description of the alternative response the 
agency determined to adopt.
    ``(B) If in its determination of other agency course the agency 
makes a determination to amend or rescind an existing rule, the agency 
need not undertake additional proceedings under subsection (c) before 
it publishes a notice of proposed rule making to amend or rescind the 
existing rule.
All information provided to or considered by the agency, and steps to 
obtain information by the agency, in connection with its determination 
of other agency course, including but not limited to any preliminary 
risk assessment or regulatory impact analysis prepared by the agency 
and all other information that would be required to be prepared or 
described by the agency under paragraph (1)(D) if the agency had 
determined to publish a notice of proposed rule making and, at the 
discretion of the President or the Administrator of the Office of 
Information and Regulatory Affairs, information provided by that Office 
in consultations with the agency, shall be placed in the docket for the 
determination and made accessible to the public by electronic means and 
otherwise for the public's use when the notice of determination is 
published.
    ``(3) After notice of proposed rule making required by this 
section, the agency shall provide interested persons an opportunity to 
participate in the rule making through submission of written data, 
views, or arguments with or without opportunity for oral presentation, 
except that--
            ``(A) if a hearing is required under paragraph (4)(B) or 
        subsection (e), opportunity for oral presentation shall be 
        provided pursuant to that requirement; or
            ``(B) when other than under subsection (e) of this section 
        rules are required by statute or at the discretion of the 
        agency to be made on the record after opportunity for an agency 
        hearing, sections 556 and 557 shall apply, and paragraph (4), 
        the requirements of subsection (e) to receive comment outside 
        of the procedures of sections 556 and 557, and the petition 
        procedures of subsection (e)(6) shall not apply.
The agency shall provide not fewer than 60 days for interested persons 
to submit written data, views, or argument (or 120 days in the case of 
a proposed major or high-impact rule).
    ``(4)(A) Within 30 days of publication of notice of proposed rule 
making, a member of the public may petition for a hearing in accordance 
with section 556 to determine whether any evidence or other information 
upon which the agency bases the proposed rule fails to comply with the 
Information Quality Act.
    ``(B)(i) The agency may, upon review of the petition, determine 
without further process to exclude from the rule making the evidence or 
other information that is the subject of the petition and, if 
appropriate, withdraw the proposed rule. The agency shall promptly 
publish any such determination.
    ``(ii) If the agency does not resolve the petition under the 
procedures of clause (i), it shall grant any such petition that 
presents a prima facie case that evidence or other information upon 
which the agency bases the proposed rule fails to comply with the 
Information Quality Act, hold the requested hearing not later than 30 
days after receipt of the petition, provide a reasonable opportunity 
for cross-examination at the hearing, and decide the issues presented 
by the petition not later than 60 days after receipt of the petition. 
The agency may deny any petition that it determines does not present 
such a prima facie case.
    ``(C) There shall be no judicial review of the agency's disposition 
of issues considered and decided or determined under subparagraph 
(B)(ii) until judicial review of the agency's final action. There shall 
be no judicial review of an agency's determination to withdraw a 
proposed rule under subparagraph (B)(i) on the basis of the petition.
    ``(D) Failure to petition for a hearing under this paragraph shall 
not preclude judicial review of any claim based on the Information 
Quality Act under chapter 7 of this title.
    ``(e) Hearings for High-Impact Rules.--Following notice of a 
proposed rule making, receipt of comments on the proposed rule, and any 
hearing held under subsection (d)(4), and before adoption of any high-
impact rule, the agency shall hold a hearing in accordance with 
sections 556 and 557, unless such hearing is waived by all participants 
in the rule making other than the agency. The agency shall provide a 
reasonable opportunity for cross-examination at such hearing. The 
hearing shall be limited to the following issues of fact, except that 
participants at the hearing other than the agency may waive 
determination of any such issue:
            ``(1) Whether the agency's asserted factual predicate for 
        the rule is supported by the evidence.
            ``(2) Whether there is an alternative to the proposed rule 
        that would achieve the relevant statutory objectives at a lower 
        cost (including all costs to be considered under subsection 
        (b)(6)) than the proposed rule.
            ``(3) If there is more than one alternative to the proposed 
        rule that would achieve the relevant statutory objectives at a 
        lower cost than the proposed rule, which alternative would 
        achieve the relevant statutory objectives at the lowest cost.
            ``(4) Whether, if the agency proposes to adopt a rule that 
        is more costly than the least costly alternative that would 
        achieve the relevant statutory objectives (including all costs 
        to be considered under subsection (b)(6)), the additional 
        benefits of the more costly rule exceed the additional costs of 
        the more costly rule.
            ``(5) Whether the evidence and other information upon which 
        the agency bases the proposed rule meets the requirements of 
        the Information Quality Act.
            ``(6) Upon petition by an interested person who has 
        participated in the rule making, other issues relevant to the 
        rule making, unless the agency determines that consideration of 
        the issues at the hearing would not advance consideration of 
        the rule or would, in light of the nature of the need for 
        agency action, unreasonably delay completion of the rule 
        making. An agency shall grant or deny a petition under this 
        paragraph within 30 days of its receipt of the petition.
No later than 45 days before any hearing held under this subsection or 
sections 556 and 557, the agency shall publish in the Federal Register 
a notice specifying the proposed rule to be considered at such hearing, 
the issues to be considered at the hearing, and the time and place for 
such hearing, except that such notice may be issued not later than 15 
days before a hearing held under subsection (d)(4)(B).
    ``(f) Final Rules.--(1) The agency shall adopt a rule only 
following consultation with the Administrator of the Office of 
Information and Regulatory Affairs to facilitate compliance with 
applicable rule making requirements.
    ``(2) The agency shall adopt a rule only on the basis of the best 
reasonably obtainable scientific, technical, economic, and other 
evidence and information concerning the need for, consequences of, and 
alternatives to the rule.
    ``(3)(A) Except as provided in subparagraph (B), the agency shall 
adopt the least costly rule considered during the rule making 
(including all costs to be considered under subsection (b)(6)) that 
meets relevant statutory objectives.
    ``(B) The agency may adopt a rule that is more costly than the 
least costly alternative that would achieve the relevant statutory 
objectives only if the additional benefits of the more costly rule 
justify its additional costs and only if the agency explains its reason 
for doing so based on interests of public health, safety or welfare 
that are clearly within the scope of the statutory provision 
authorizing the rule.
    ``(4) When it adopts a final rule, the agency shall publish a 
notice of final rule making. The notice shall include--
            ``(A) a concise, general statement of the rule's basis and 
        purpose;
            ``(B) the agency's reasoned final determination of need for 
        a rule to address the problem the agency seeks to address with 
        the rule, including a statement of whether a rule is required 
        by statute and a summary of any final risk assessment or 
        regulatory impact analysis prepared by the agency;
            ``(C) the agency's reasoned final determination that the 
        benefits of the rule meet the relevant statutory objectives and 
        justify the rule's costs (including all costs to be considered 
        under subsection (b)(6));
            ``(D) the agency's reasoned final determination not to 
        adopt any of the alternatives to the proposed rule considered 
        by the agency during the rule making, including--
                    ``(i) the agency's reasoned final determination 
                that no alternative considered achieved the relevant 
                statutory objectives with lower costs (including all 
                costs to be considered under subsection (b)(6)) than 
                the rule; or
                    ``(ii) the agency's reasoned determination that its 
                adoption of a more costly rule complies with subsection 
                (f)(3)(B);
            ``(E) the agency's reasoned final determination--
                    ``(i) that existing rules have not created or 
                contributed to the problem the agency seeks to address 
                with the rule; or
                    ``(ii) that existing rules have created or 
                contributed to the problem the agency seeks to address 
                with the rule, and, if so--
                            ``(I) why amendment or rescission of such 
                        existing rules is not alone sufficient to 
                        respond to the problem; and
                            ``(II) whether and how the agency intends 
                        to amend or rescind the existing rule separate 
                        from adoption of the rule;
            ``(F) the agency's reasoned final determination that the 
        evidence and other information upon which the agency bases the 
        rule complies with the Information Quality Act;
            ``(G) the agency's reasoned final determination that the 
        rule meets the objectives that the agency identified in 
        subsection (d)(1)(E)(iii) or that other objectives are more 
        appropriate in light of the full administrative record and the 
        rule meets those objectives;
            ``(H) the agency's reasoned final determination that it did 
        not deviate from the metrics the agency included in subsection 
        (d)(1)(E)(iii) or that other metrics are more appropriate in 
        light of the full administrative record and the agency did not 
        deviate from those metrics;
            ``(I)(i) for any major rule, high-impact rule, or negative-
        impact on jobs and wages rule, the agency's plan for review of 
        the rule no less than every ten years to determine whether, 
        based upon evidence, there remains a need for the rule, whether 
        the rule is in fact achieving statutory objectives, whether the 
        rule's benefits continue to justify its costs, and whether the 
        rule can be modified or rescinded to reduce costs while 
        continuing to achieve statutory objectives; and
            ``(ii) review of a rule under a plan required by clause (i) 
        of this subparagraph shall take into account the factors and 
        criteria set forth in subsections (b) through (f) of section 
        553 of this title; and
            ``(J) for any negative-impact on jobs and wages rule, a 
        statement that the head of the agency that made the rule 
        approved the rule knowing about the findings and determination 
        of the agency or the Administrator of the Office of Information 
        and Regulatory Affairs that qualified the rule as a negative 
        impact on jobs and wages rule.
All information considered by the agency in connection with its 
adoption of the rule, and, at the discretion of the President or the 
Administrator of the Office of Information and Regulatory Affairs, 
information provided by that Office in consultations with the agency, 
shall be placed in the docket for the rule and made accessible to the 
public for the public's use no later than when the rule is adopted.
    ``(g) Exceptions From Notice and Hearing Requirements.--(1) Except 
when notice or hearing is required by statute, the following do not 
apply to interpretive rules, general statements of policy, or rules of 
agency organization, procedure, or practice:
            ``(A) Subsections (c) through (e).
            ``(B) Paragraphs (1) through (3) of subsection (f).
            ``(C) Subparagraphs (B) through (H) of subsection (f)(4).
    ``(2)(A) When the agency for good cause, based upon evidence, finds 
(and incorporates the finding and a brief statement of reasons therefor 
in the rules issued) that compliance with subsection (c), (d), or (e) 
or requirements to render final determinations under subsection (f) of 
this section before the issuance of an interim rule is impracticable or 
contrary to the public interest, including interests of national 
security, such subsections or requirements to render final 
determinations shall not apply to the agency's adoption of an interim 
rule.
    ``(B) If, following compliance with subparagraph (A) of this 
paragraph, the agency adopts an interim rule, it shall commence 
proceedings that comply fully with subsections (d) through (f) of this 
section immediately upon publication of the interim rule, shall treat 
the publication of the interim rule as publication of a notice of 
proposed rule making and shall not be required to issue supplemental 
notice other than to complete full compliance with subsection (d). No 
less than 270 days from publication of the interim rule (or 18 months 
in the case of a major rule or high-impact rule), the agency shall 
complete rule making under subsections (d) through (f) of this 
subsection and take final action to adopt a final rule or rescind the 
interim rule. If the agency fails to take timely final action, the 
interim rule will cease to have the effect of law.
    ``(C) Other than in cases involving interests of national security, 
upon the agency's publication of an interim rule without compliance 
with subsection (c), (d), or (e) or requirements to render final 
determinations under subsection (f) of this section, an interested 
party may seek immediate judicial review under chapter 7 of this title 
of the agency's determination to adopt such interim rule. The record on 
such review shall include all documents and information considered by 
the agency and any additional information presented by a party that the 
court determines necessary to consider to assure justice.
    ``(3) When the agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefor in the rules issued) 
that notice and public procedure thereon are unnecessary, including 
because agency rule making is undertaken only to correct a de minimis 
technical or clerical error in a previously issued rule or for other 
noncontroversial purposes, the agency may publish a rule without 
compliance with subsection (c), (d), (e), or (f)(1)-(3) and (f)(4)(B)-
(F). If the agency receives significant adverse comment within 60 days 
after publication of the rule, it shall treat the notice of the rule as 
a notice of proposed rule making and complete rule making in compliance 
with subsections (d) and (f).
    ``(h) Additional Requirements for Hearings.--When a hearing is 
required under subsection (e) or is otherwise required by statute or at 
the agency's discretion before adoption of a rule, the agency shall 
comply with the requirements of sections 556 and 557 in addition to the 
requirements of subsection (f) in adopting the rule and in providing 
notice of the rule's adoption.
    ``(i) Date of Publication of Rule.--The required publication or 
service of a substantive final or interim rule shall be made not less 
than 30 days before the effective date of the rule, except--
            ``(1) a substantive rule which grants or recognizes an 
        exemption or relieves a restriction;
            ``(2) interpretive rules and statements of policy; or
            ``(3) as otherwise provided by the agency for good cause 
        found and published with the rule.
    ``(j) Right To Petition.--Each agency shall give an interested 
person the right to petition for the issuance, amendment, or repeal of 
a rule.
    ``(k) Rule Making Guidelines.--(1)(A) The Administrator of the 
Office of Information and Regulatory Affairs shall establish guidelines 
for the assessment, including quantitative and qualitative assessment, 
of the costs and benefits of proposed and final rules and other 
economic issues or issues related to risk that are relevant to rule 
making under this title. The rigor of cost-benefit analysis required by 
such guidelines shall be commensurate, in the Administrator's 
determination, with the economic impact of the rule.
    ``(B) To ensure that agencies use the best available techniques to 
quantify and evaluate anticipated present and future benefits, costs, 
other economic issues, and risks as accurately as possible, the 
Administrator of the Office of Information and Regulatory Affairs shall 
regularly update guidelines established under paragraph (1)(A) of this 
subsection.
    ``(2) The Administrator of the Office of Information and Regulatory 
Affairs shall also issue guidelines to promote coordination, 
simplification and harmonization of agency rules during the rule making 
process and otherwise. Such guidelines shall assure that each agency 
avoids regulations that are inconsistent or incompatible with, or 
duplicative of, its other regulations and those of other Federal 
agencies and drafts its regulations to be simple and easy to 
understand, with the goal of minimizing the potential for uncertainty 
and litigation arising from such uncertainty.
    ``(3) To ensure consistency in Federal rule making, the 
Administrator of the Office of Information and Regulatory Affairs 
shall--
            ``(A) issue guidelines and otherwise take action to ensure 
        that rule makings conducted in whole or in part under 
        procedures specified in provisions of law other than those of 
        subchapter II of this title conform to the fullest extent 
        allowed by law with the procedures set forth in section 553 of 
        this title; and
            ``(B) issue guidelines for the conduct of hearings under 
        subsections 553(d)(4) and 553(e) of this section, including to 
        assure a reasonable opportunity for cross-examination. Each 
        agency shall adopt regulations for the conduct of hearings 
        consistent with the guidelines issued under this subparagraph.
    ``(4) The Administrator of the Office of Information and Regulatory 
Affairs shall issue guidelines pursuant to the Information Quality Act 
to apply in rule making proceedings under sections 553, 556, and 557 of 
this title. In all cases, such guidelines, and the Administrator's 
specific determinations regarding agency compliance with such 
guidelines, shall be entitled to judicial deference.
    ``(l) Inclusion in the Record of Certain Documents and 
Information.--The agency shall include in the record for a rule making, 
and shall make available by electronic means and otherwise, all 
documents and information prepared or considered by the agency during 
the proceeding, including, at the discretion of the President or the 
Administrator of the Office of Information and Regulatory Affairs, 
documents and information communicated by that Office during 
consultation with the Agency.
    ``(m) Monetary Policy Exemption.--Nothing in subsection (b)(6), 
subparagraphs (F) and (G) of subsection (d)(1), subsection (e), 
subsection (f)(3), and subparagraphs (C) and (D) of subsection (f)(5) 
shall apply to rule makings that concern monetary policy proposed or 
implemented by the Board of Governors of the Federal Reserve System or 
the Federal Open Market Committee.''.

SEC. 204. AGENCY GUIDANCE; PROCEDURES TO ISSUE MAJOR GUIDANCE; 
              PRESIDENTIAL AUTHORITY TO ISSUE GUIDELINES FOR ISSUANCE 
              OF GUIDANCE.

    (a) In General.--Chapter 5 of title 5, United States Code, is 
amended by inserting after section 553 the following new section:
``Sec. 553a. Agency guidance; procedures to issue major guidance; 
              authority to issue guidelines for issuance of guidance
    ``(a) Before issuing any major guidance, or guidance that involves 
a novel legal or policy issue arising out of statutory mandates, an 
agency shall--
            ``(1) make and document a reasoned determination that--
                    ``(A) assures that such guidance is understandable 
                and complies with relevant statutory objectives and 
                regulatory provisions (including any statutory 
                deadlines for agency action);
                    ``(B) summarizes the evidence and data on which the 
                agency will base the guidance;
                    ``(C) identifies the costs and benefits (including 
                all costs to be considered during a rule making under 
                section 553(b) of this title) of conduct conforming to 
                such guidance and assures that such benefits justify 
                such costs; and
                    ``(D) describes alternatives to such guidance and 
                their costs and benefits (including all costs to be 
                considered during a rule making under section 553(b) of 
                this title) and explains why the agency rejected those 
                alternatives; and
            ``(2) confer with the Administrator of the Office of 
        Information and Regulatory Affairs on the issuance of such 
        guidance to assure that the guidance is reasonable, 
        understandable, consistent with relevant statutory and 
        regulatory provisions and requirements or practices of other 
        agencies, does not produce costs that are unjustified by the 
        guidance's benefits, and is otherwise appropriate.
Upon issuing major guidance, or guidance that involves a novel legal or 
policy issue arising out of statutory mandates, the agency shall 
publish the documentation required by subparagraph (1) by electronic 
means and otherwise.
    ``(b) Agency guidance--
            ``(1) is not legally binding and may not be relied upon by 
        an agency as legal grounds for agency action;
            ``(2) shall state in a plain, prominent and permanent 
        manner that it is not legally binding; and
            ``(3) shall, at the time it is issued or upon request, be 
        made available by the issuing agency to interested persons and 
        the public by electronic means and otherwise.
Agencies shall avoid the issuance of guidance that is inconsistent or 
incompatible with, or duplicative of, the agency's governing statutes 
or regulations, with the goal of minimizing the potential for 
uncertainty and litigation arising from such uncertainty.
    ``(c) The Administrator of the Office of Information and Regulatory 
Affairs shall have authority to issue guidelines for use by the 
agencies in the issuance of major guidance and other guidance. Such 
guidelines shall assure that each agency avoids issuing guidance 
documents that are inconsistent or incompatible with, or duplicative 
of, the law, its other regulations, or the regulations of other Federal 
agencies and drafts its guidance documents to be simple and easy to 
understand, with the goal of minimizing the potential for uncertainty 
and litigation arising from such uncertainty.''.
    (b) Clerical Amendment.--The table of sections for chapter 5 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 553 the following new item:

``553a. Agency guidance; procedures to issue major guidance; 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.

    Section 556 of title 5, United States Code, is amended by striking 
subsection (e) and inserting the following:
    ``(e)(1) The transcript of testimony and exhibits, together with 
all papers and requests filed in the proceeding, constitutes the 
exclusive record for decision in accordance with section 557 and shall 
be made available to the parties and the public by electronic means 
and, upon payment of lawfully prescribed costs, otherwise. When an 
agency decision rests on official notice of a material fact not 
appearing in the evidence in the record, a party is entitled, on timely 
request, to an opportunity to show the contrary.
    ``(2) Notwithstanding paragraph (1) of this subsection, in a 
proceeding held under this section pursuant to section 553(d)(4) or 
553(e), the record for decision shall also include any information that 
is part of the record of proceedings under section 553.
    ``(f) When an agency conducts rule making under this section and 
section 557 directly after concluding proceedings upon an advance 
notice of proposed rule making under section 553(c), the matters to be 
considered and determinations to be made shall include, among other 
relevant matters and determinations, the matters and determinations 
described in subsections (b) and (f) of section 553.
    ``(g) Upon receipt of a petition for a hearing under this section, 
the agency shall grant the petition in the case of any major rule, 
unless the agency reasonably determines that a hearing would not 
advance consideration of the rule or would, in light of the need for 
agency action, unreasonably delay completion of the rule making. The 
agency shall publish its decision to grant or deny the petition when it 
renders the decision, including an explanation of the grounds for 
decision. The information contained in the petition shall in all cases 
be included in the administrative record. This subsection shall not 
apply to rule makings that concern monetary policy proposed or 
implemented by the Board of Governors of the Federal Reserve System or 
the Federal Open Market Committee.''.

SEC. 206. ACTIONS REVIEWABLE.

    Section 704 of title 5, United States Code, is amended--
            (1) by striking ``Agency action made'' and inserting ``(a) 
        Agency action made''; and
            (2) by adding at the end the following: ``Denial by an 
        agency of a correction request or, where administrative appeal 
        is provided for, denial of an appeal, under an administrative 
        mechanism described in subsection (b)(2)(B) of the Information 
        Quality Act, or the failure of an agency within 90 days to 
        grant or deny such request or appeal, shall be final action for 
        purposes of this section.
    ``(b) Other than in cases involving interests of national security, 
notwithstanding subsection (a) of this section, upon the agency's 
publication of an interim rule without compliance with section 553(c), 
(d), or (e) or requirements to render final determinations under 
subsection (f) of section 553, an interested party may seek immediate 
judicial review under this chapter of the agency's determination to 
adopt such rule on an interim basis. Review shall be limited to whether 
the agency abused its discretion to adopt the interim rule without 
compliance with section 553(c), (d), or (e) or without rendering final 
determinations under subsection (f) of section 553.''.

SEC. 207. SCOPE OF REVIEW.

    Section 706 of title 5, United States Code is amended--
            (1) by striking ``To the extent necessary'' and inserting 
        ``(a) To the extent necessary'';
            (2) in paragraph (2)(A) of subsection (a) (as designated by 
        paragraph (1) of this section), by inserting after ``in 
        accordance with law'' the following: ``(including the 
        Information Quality Act)''; and
            (3) by adding at the end the following:
    ``(b) The court shall not defer to the agency's--
            ``(1) interpretation of an agency rule if the agency did 
        not comply with the procedures of section 553 or sections 556-
        557 of chapter 5 of this title to issue the interpretation;
            ``(2) determination of the costs and benefits or other 
        economic or risk assessment of the action, if the agency failed 
        to conform to guidelines on such determinations and assessments 
        established by the Administrator of the Office of Information 
        and Regulatory Affairs under section 553(k);
            ``(3) determinations made in the adoption of an interim 
        rule; or
            ``(4) guidance.
    ``(c) The court shall review agency denials of petitions under 
section 553(e)(6) or any other petition for a hearing under sections 
556 and 557 for abuse of agency discretion.''.

SEC. 208. ADDED DEFINITION.

    Section 701(b) of title 5, United States Code, is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end, 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) `substantial evidence' means such relevant evidence 
        as a reasonable mind might accept as adequate to support a 
        conclusion in light of the record considered as a whole, taking 
        into account whatever in the record fairly detracts from the 
        weight of the evidence relied upon by the agency to support its 
        decision.''.

SEC. 209. EFFECTIVE DATE.

    The amendments made by this title to--
            (1) sections 553, 556, and 704 of title 5, United States 
        Code;
            (2) subsection (b) of section 701 of such title;
            (3) paragraphs (2) and (3) of section 706(b) of such title; 
        and
            (4) subsection (c) of section 706 of such title,
shall not apply to any rule makings pending or completed on the date of 
enactment of this title.

           TITLE III--REGULATORY FLEXIBILITY IMPROVEMENTS ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Regulatory Flexibility 
Improvements Act of 2014''.

SEC. 302. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE 
              REGULATORY FLEXIBILITY ACT.

    (a) In General.--Paragraph (2) of section 601 of title 5, United 
States Code, is amended to read as follows:
            ``(2) Rule.--The term `rule' has the meaning given such 
        term in section 551(4) of this title, except that such term 
        does not include a rule pertaining to the protection of the 
        rights of and benefits for veterans or a rule of particular 
        (and not general) applicability relating to rates, wages, 
        corporate or financial structures or reorganizations thereof, 
        prices, facilities, appliances, services, or allowances 
        therefor or to valuations, costs or accounting, or practices 
        relating to such rates, wages, structures, prices, appliances, 
        services, or allowances.''.
    (b) Inclusion of Rules With Indirect Effects.--Section 601 of title 
5, United States Code, is amended by adding at the end the following 
new paragraph:
            ``(9) Economic impact.--The term `economic impact' means, 
        with respect to a proposed or final rule--
                    ``(A) any direct economic effect on small entities 
                of such rule; and
                    ``(B) any indirect economic effect (including 
                compliance costs and effects on revenue) on small 
                entities which is reasonably foreseeable and results 
                from such rule (without regard to whether small 
                entities will be directly regulated by the rule).''.
    (c) Inclusion of Rules With Beneficial Effects.--
            (1) Initial regulatory flexibility analysis.--Subsection 
        (c) of section 603 of title 5, United States Code, is amended 
        by striking the first sentence and inserting ``Each initial 
        regulatory flexibility analysis shall also contain a detailed 
        description of alternatives to the proposed rule which minimize 
        any adverse significant economic impact or maximize any 
        beneficial significant economic impact on small entities.''.
            (2) Final regulatory flexibility analysis.--The first 
        paragraph (6) of section 604(a) of title 5, United States Code, 
        is amended by striking ``minimize the significant economic 
        impact'' and inserting ``minimize the adverse significant 
        economic impact or maximize the beneficial significant economic 
        impact''.
    (d) Inclusion of Rules Affecting Tribal Organizations.--Paragraph 
(5) of section 601 of title 5, United States Code, is amended by 
inserting ``and tribal organizations (as defined in section 4(l) of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b(l))),'' after ``special districts,''.
    (e) Inclusion of Land Management Plans and Formal Rulemaking.--
            (1) Initial regulatory flexibility analysis.--Subsection 
        (a) of section 603 of title 5, United States Code, is amended 
        in the first sentence--
                    (A) by striking ``or'' after ``proposed rule,''; 
                and
                    (B) by inserting ``or publishes a revision or 
                amendment to a land management plan,'' after ``United 
                States,''.
            (2) Final regulatory flexibility analysis.--Subsection (a) 
        of section 604 of title 5, United States Code, is amended in 
        the first sentence--
                    (A) by striking ``or'' after ``proposed 
                rulemaking,''; and
                    (B) by inserting ``or adopts a revision or 
                amendment to a land management plan,'' after ``section 
                603(a),''.
            (3) Land management plan defined.--Section 601 of title 5, 
        United States Code, is amended by adding at the end the 
        following new paragraph:
            ``(10) Land management plan.--
                    ``(A) In general.--The term `land management plan' 
                means--
                            ``(i) any plan developed by the Secretary 
                        of Agriculture under section 6 of the Forest 
                        and Rangeland Renewable Resources Planning Act 
                        of 1974 (16 U.S.C. 1604); and
                            ``(ii) any plan developed by the Secretary 
                        of the Interior under section 202 of the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1712).
                    ``(B) Revision.--The term `revision' means any 
                change to a land management plan which--
                            ``(i) in the case of a plan described in 
                        subparagraph (A)(i), is made under section 
                        6(f)(5) of the Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 U.S.C. 
                        1604(f)(5)); or
                            ``(ii) in the case of a plan described in 
                        subparagraph (A)(ii), is made under section 
                        1610.5-6 of title 43, Code of Federal 
                        Regulations (or any successor regulation).
                    ``(C) Amendment.--The term `amendment' means any 
                change to a land management plan which--
                            ``(i) in the case of a plan described in 
                        subparagraph (A)(i), is made under section 
                        6(f)(4) of the Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 U.S.C. 
                        1604(f)(4)) and with respect to which the 
                        Secretary of Agriculture prepares a statement 
                        described in section 102(2)(C) of the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4332(2)(C)); or
                            ``(ii) in the case of a plan described in 
                        subparagraph (A)(ii), is made under section 
                        1610.5-5 of title 43, Code of Federal 
                        Regulations (or any successor regulation) and 
                        with respect to which the Secretary of the 
                        Interior prepares a statement described in 
                        section 102(2)(C) of the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
    (f) Inclusion of Certain Interpretive Rules Involving the Internal 
Revenue Laws.--
            (1) In general.--Subsection (a) of section 603 of title 5, 
        United States Code, is amended by striking the period at the 
        end and inserting ``or a recordkeeping requirement, and without 
        regard to whether such requirement is imposed by statute or 
        regulation.''.
            (2) Collection of information.--Paragraph (7) of section 
        601 of title 5, United States Code, is amended to read as 
        follows:
            ``(7) Collection of information.--The term `collection of 
        information' has the meaning given such term in section 3502(3) 
        of title 44.''.
            (3) Recordkeeping requirement.--Paragraph (8) of section 
        601 of title 5, United States Code, is amended to read as 
        follows:
            ``(8) Recordkeeping requirement.--The term `recordkeeping 
        requirement' has the meaning given such term in section 
        3502(13) of title 44.''.
    (g) Definition of Small Organization.--Paragraph (4) of section 601 
of title 5, United States Code, is amended to read as follows:
            ``(4) Small organization.--
                    ``(A) In general.--The term `small organization' 
                means any not-for-profit enterprise which, as of the 
                issuance of the notice of proposed rulemaking--
                            ``(i) in the case of an enterprise which is 
                        described by a classification code of the North 
                        American Industrial Classification System, does 
                        not exceed the size standard established by the 
                        Administrator of the Small Business 
                        Administration pursuant to section 3 of the 
                        Small Business Act (15 U.S.C. 632) for small 
                        business concerns described by such 
                        classification code; and
                            ``(ii) in the case of any other enterprise, 
                        has a net worth that does not exceed $7,000,000 
                        and has not more than 500 employees.
                    ``(B) Local labor organizations.--In the case of 
                any local labor organization, subparagraph (A) shall be 
                applied without regard to any national or international 
                organization of which such local labor organization is 
                a part.
                    ``(C) Agency definitions.--Subparagraphs (A) and 
                (B) shall not apply to the extent that an agency, after 
                consultation with the Office of Advocacy of the Small 
                Business Administration and after opportunity for 
                public comment, establishes one or more definitions for 
                such term which are appropriate to the activities of 
                the agency and publishes such definitions in the 
                Federal Register.''.

SEC. 303. EXPANSION OF REPORT OF REGULATORY AGENDA.

    Section 602 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``, and'' at the 
                end and inserting ``;'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) a brief description of the sector of the North 
        American Industrial Classification System that is primarily 
        affected by any rule which the agency expects to propose or 
        promulgate which is likely to have a significant economic 
        impact on a substantial number of small entities; and''; and
            (2) in subsection (c), to read as follows:
    ``(c) Each agency shall prominently display a plain language 
summary of the information contained in the regulatory flexibility 
agenda published under subsection (a) on its website within 3 days of 
its publication in the Federal Register. The Office of Advocacy of the 
Small Business Administration shall compile and prominently display a 
plain language summary of the regulatory agendas referenced in 
subsection (a) for each agency on its website within 3 days of their 
publication in the Federal Register.''.

SEC. 304. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.

    (a) Initial Regulatory Flexibility Analysis.--Subsection (b) of 
section 603 of title 5, United States Code, is amended to read as 
follows:
    ``(b) Each initial regulatory flexibility analysis required under 
this section shall contain a detailed statement--
            ``(1) describing the reasons why action by the agency is 
        being considered;
            ``(2) describing the objectives of, and legal basis for, 
        the proposed rule;
            ``(3) estimating the number and type of small entities to 
        which the proposed rule will apply;
            ``(4) describing the projected reporting, recordkeeping, 
        and other compliance requirements of the proposed rule, 
        including an estimate of the classes of small entities which 
        will be subject to the requirement and the type of professional 
        skills necessary for preparation of the report and record;
            ``(5) describing all relevant Federal rules which may 
        duplicate, overlap, or conflict with the proposed rule, or the 
        reasons why such a description could not be provided;
            ``(6) estimating the additional cumulative economic impact 
        of the proposed rule on small entities beyond that already 
        imposed on the class of small entities by the agency or why 
        such an estimate is not available;
            ``(7) describing any disproportionate economic impact on 
        small entities or a specific class of small entities; and
            ``(8) describing any impairment of the ability of small 
        entities to have access to credit.''.
    (b) Final Regulatory Flexibility Analysis.--
            (1) In general.--Section 604(a) of title 5, United States 
        Code, is amended--
                    (A) in paragraph (4), by striking ``an 
                explanation'' and inserting ``a detailed explanation'';
                    (B) in each of paragraphs (4), (5), and the first 
                paragraph (6), by inserting ``detailed'' before 
                ``description'';
                    (C) in the second paragraph (6), by striking the 
                period and inserting ``; and'';
                    (D) by redesignating the second paragraph (6) as 
                paragraph (7); and
                    (E) by adding at the end the following:
            ``(8) a detailed description of any disproportionate 
        economic impact on small entities or a specific class of small 
        entities.''.
            (2) Inclusion of response to comments on certification of 
        proposed rule.--Paragraph (2) of section 604(a) of title 5, 
        United States Code, is amended by inserting ``(or certification 
        of the proposed rule under section 605(b))'' after ``initial 
        regulatory flexibility analysis''.
            (3) Publication of analysis on website.--Subsection (b) of 
        section 604 of title 5, United States Code, is amended to read 
        as follows:
    ``(b) The agency shall make copies of the final regulatory 
flexibility analysis available to the public, including placement of 
the entire analysis on the agency's website, and shall publish in the 
Federal Register the final regulatory flexibility analysis, or a 
summary thereof which includes the telephone number, mailing address, 
and link to the website where the complete analysis may be obtained.''.
    (c) Cross-References to Other Analyses.--Subsection (a) of section 
605 of title 5, United States Code, is amended to read as follows:
    ``(a) A Federal agency shall be treated as satisfying any 
requirement regarding the content of an agenda or regulatory 
flexibility analysis under section 602, 603, or 604, if such agency 
provides in such agenda or analysis a cross-reference to the specific 
portion of another agenda or analysis which is required by any other 
law and which satisfies such requirement.''.
    (d) Certifications.--Subsection (b) of section 605 of title 5, 
United States Code, is amended--
            (1) by inserting ``detailed'' before ``statement'' the 
        first place it appears; and
            (2) by inserting ``and legal'' after ``factual''.
    (e) Quantification Requirements.--Section 607 of title 5, United 
States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
    ``In complying with sections 603 and 604, an agency shall provide--
            ``(1) a quantifiable or numerical description of the 
        effects of the proposed or final rule and alternatives to the 
        proposed or final rule; or
            ``(2) a more general descriptive statement and a detailed 
        statement explaining why quantification is not practicable or 
        reliable.''.

SEC. 305. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDITIONAL POWERS OF 
              THE CHIEF COUNSEL FOR ADVOCACY.

    (a) In General.--Section 608 is amended to read as follows:
``Sec. 608. Additional powers of Chief Counsel for Advocacy
    ``(a)(1) Not later than 270 days after the date of the enactment of 
this section, the Chief Counsel for Advocacy of the Small Business 
Administration shall, after opportunity for notice and comment under 
section 553, issue rules governing agency compliance with this chapter. 
The Chief Counsel may modify or amend such rules after notice and 
comment under section 553. This chapter (other than this subsection) 
shall not apply with respect to the issuance, modification, and 
amendment of rules under this paragraph.
    ``(2) An agency shall not issue rules which supplement the rules 
issued under subsection (a) unless such agency has first consulted with 
the Chief Counsel for Advocacy to ensure that such supplemental rules 
comply with this chapter and the rules issued under paragraph (1).
    ``(b) Notwithstanding any other law, the Chief Counsel for Advocacy 
of the Small Business Administration may intervene in any agency 
adjudication (unless such agency is authorized to impose a fine or 
penalty under such adjudication), and may inform the agency of the 
impact that any decision on the record may have on small entities. The 
Chief Counsel shall not initiate an appeal with respect to any 
adjudication in which the Chief Counsel intervenes under this 
subsection.
    ``(c) The Chief Counsel for Advocacy may file comments in response 
to any agency notice requesting comment, regardless of whether the 
agency is required to file a general notice of proposed rulemaking 
under section 553.''.
    (b) Conforming Amendments.--
            (1) Section 611(a)(1) of such title is amended by striking 
        ``608(b),''.
            (2) Section 611(a)(2) of such title is amended by striking 
        ``608(b),''.
            (3) Section 611(a)(3) of such title is amended--
                    (A) by striking subparagraph (B); and
                    (B) by striking ``(3)(A) A small entity'' and 
                inserting the following:
    ``(3) A small entity''.

SEC. 306. PROCEDURES FOR GATHERING COMMENTS.

    Section 609 of title 5, United States Code, is amended by striking 
subsection (b) and all that follows through the end of the section and 
inserting the following:
    ``(b)(1) Prior to publication of any proposed rule described in 
subsection (e), an agency making such rule shall notify the Chief 
Counsel for Advocacy of the Small Business Administration and provide 
the Chief Counsel with--
            ``(A) all materials prepared or utilized by the agency in 
        making the proposed rule, including the draft of the proposed 
        rule; and
            ``(B) information on the potential adverse and beneficial 
        economic impacts of the proposed rule on small entities and the 
        type of small entities that might be affected.
    ``(2) An agency shall not be required under paragraph (1) to 
provide the exact language of any draft if the rule--
            ``(A) relates to the internal revenue laws of the United 
        States; or
            ``(B) is proposed by an independent regulatory agency (as 
        defined in section 3502(5) of title 44).
    ``(c) Not later than 15 days after the receipt of such materials 
and information under subsection (b), the Chief Counsel for Advocacy of 
the Small Business Administration shall--
            ``(1) identify small entities or representatives of small 
        entities or a combination of both for the purpose of obtaining 
        advice, input, and recommendations from those persons about the 
        potential economic impacts of the proposed rule and the 
        compliance of the agency with section 603; and
            ``(2) convene a review panel consisting of an employee from 
        the Office of Advocacy of the Small Business Administration, an 
        employee from the agency making the rule, and in the case of an 
        agency other than an independent regulatory agency (as defined 
        in section 3502(5) of title 44), an employee from the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget to review the materials and information provided to 
        the Chief Counsel under subsection (b).
    ``(d)(1) Not later than 60 days after the review panel described in 
subsection (c)(2) is convened, the Chief Counsel for Advocacy of the 
Small Business Administration shall, after consultation with the 
members of such panel, submit a report to the agency and, in the case 
of an agency other than an independent regulatory agency (as defined in 
section 3502(5) of title 44), the Office of Information and Regulatory 
Affairs of the Office of Management and Budget.
    ``(2) Such report shall include an assessment of the economic 
impact of the proposed rule on small entities, including an assessment 
of the proposed rule's impact on the cost that small entities pay for 
energy, an assessment of the proposed rule's impact on start-up costs 
for small entities, and a discussion of any alternatives that will 
minimize adverse significant economic impacts or maximize beneficial 
significant economic impacts on small entities.
    ``(3) Such report shall become part of the rulemaking record. In 
the publication of the proposed rule, the agency shall explain what 
actions, if any, the agency took in response to such report.
    ``(e) A proposed rule is described by this subsection if the 
Administrator of the Office of Information and Regulatory Affairs of 
the Office of Management and Budget, the head of the agency (or the 
delegatee of the head of the agency), or an independent regulatory 
agency determines that the proposed rule is likely to result in--
            ``(1) an annual effect on the economy of $100,000,000 or 
        more;
            ``(2) a major increase in costs or prices for consumers, 
        individual industries, Federal, State, or local governments, 
        tribal organizations, or geographic regions;
            ``(3) significant adverse effects on competition, 
        employment, investment, productivity, innovation, or on the 
        ability of United States-based enterprises to compete with 
        foreign-based enterprises in domestic and export markets; or
            ``(4) a significant economic impact on a substantial number 
        of small entities.
    ``(f) Upon application by the agency, the Chief Counsel for 
Advocacy of the Small Business Administration may waive the 
requirements of subsections (b) through (e) if the Chief Counsel 
determines that compliance with the requirements of such subsections 
are impracticable, unnecessary, or contrary to the public interest.
    ``(g) A small entity or a representative of a small entity may 
submit a request that the agency provide a copy of the report prepared 
under subsection (d) and all materials and information provided to the 
Chief Counsel for Advocacy of the Small Business Administration under 
subsection (b). The agency receiving such request shall provide the 
report, materials and information to the requesting small entity or 
representative of a small entity not later than 10 business days after 
receiving such request, except that the agency shall not disclose any 
information that is prohibited from disclosure to the public pursuant 
to section 552(b) of this title.''.

SEC. 307. PERIODIC REVIEW OF RULES.

    Section 610 of title 5, United States Code, is amended to read as 
follows:
``Sec. 610. Periodic review of rules
    ``(a) Not later than 180 days after the enactment of this section, 
each agency shall publish in the Federal Register and place on its 
website a plan for the periodic review of rules issued by the agency 
which the head of the agency determines have a significant economic 
impact on a substantial number of small entities. Such determination 
shall be made without regard to whether the agency performed an 
analysis under section 604. The purpose of the review shall be to 
determine whether such rules should be continued without change, or 
should be amended or rescinded, consistent with the stated objectives 
of applicable statutes, to minimize any adverse significant economic 
impacts or maximize any beneficial significant economic impacts on a 
substantial number of small entities. Such plan may be amended by the 
agency at any time by publishing the revision in the Federal Register 
and subsequently placing the amended plan on the agency's website.
    ``(b) The plan shall provide for the review of all such agency 
rules existing on the date of the enactment of this section within 10 
years of the date of publication of the plan in the Federal Register 
and for review of rules adopted after the date of enactment of this 
section within 10 years after the publication of the final rule in the 
Federal Register. If the head of the agency determines that completion 
of the review of existing rules is not feasible by the established 
date, the head of the agency shall so certify in a statement published 
in the Federal Register and may extend the review for not longer than 2 
years after publication of notice of extension in the Federal Register. 
Such certification and notice shall be sent to the Chief Counsel for 
Advocacy of the Small Business Administration and the Congress.
    ``(c) The plan shall include a section that details how an agency 
will conduct outreach to and meaningfully include small businesses 
(including small business concerns owned and controlled by women, small 
business concerns owned and controlled by veterans, and small business 
concerns owned and controlled by socially and economically 
disadvantaged individuals (as such terms are defined in the Small 
Business Act)) for the purposes of carrying out this section. The 
agency shall include in this section a plan for how the agency will 
contact small businesses and gather their input on existing agency 
rules.
    ``(d) Each agency shall annually submit a report regarding the 
results of its review pursuant to such plan to the Congress, the Chief 
Counsel for Advocacy of the Small Business Administration, and, in the 
case of agencies other than independent regulatory agencies (as defined 
in section 3502(5) of title 44) to the Administrator of the Office of 
Information and Regulatory Affairs of the Office of Management and 
Budget. Such report shall include the identification of any rule with 
respect to which the head of the agency made a determination described 
in paragraph (5) or (6) of subsection (e) and a detailed explanation of 
the reasons for such determination.
    ``(e) In reviewing a rule pursuant to subsections (a) through (d), 
the agency shall amend or rescind the rule to minimize any adverse 
significant economic impact on a substantial number of small entities 
or disproportionate economic impact on a specific class of small 
entities, or maximize any beneficial significant economic impact of the 
rule on a substantial number of small entities to the greatest extent 
possible, consistent with the stated objectives of applicable statutes. 
In amending or rescinding the rule, the agency shall consider the 
following factors:
            ``(1) The continued need for the rule.
            ``(2) The nature of complaints received by the agency from 
        small entities concerning the rule.
            ``(3) Comments by the Regulatory Enforcement Ombudsman and 
        the Chief Counsel for Advocacy of the Small Business 
        Administration.
            ``(4) The complexity of the rule.
            ``(5) The extent to which the rule overlaps, duplicates, or 
        conflicts with other Federal rules and, unless the head of the 
        agency determines it to be infeasible, State, territorial, and 
        local rules.
            ``(6) The contribution of the rule to the cumulative 
        economic impact of all Federal rules on the class of small 
        entities affected by the rule, unless the head of the agency 
        determines that such calculations cannot be made and reports 
        that determination in the annual report required under 
        subsection (d).
            ``(7) The length of time since the rule has been evaluated 
        or the degree to which technology, economic conditions, or 
        other factors have changed in the area affected by the rule.
    ``(f) Each year, each agency shall publish in the Federal Register 
and on its website a list of rules to be reviewed pursuant to such 
plan. The agency shall include in the publication a solicitation of 
public comments on any further inclusions or exclusions of rules from 
the list, and shall respond to such comments. Such publication shall 
include a brief description of the rule, the reason why the agency 
determined that it has a significant economic impact on a substantial 
number of small entities (without regard to whether it had prepared a 
final regulatory flexibility analysis for the rule), and request 
comments from the public, the Chief Counsel for Advocacy of the Small 
Business Administration, and the Regulatory Enforcement Ombudsman 
concerning the enforcement of the rule.''.

SEC. 308. JUDICIAL REVIEW OF COMPLIANCE WITH THE REQUIREMENTS OF THE 
              REGULATORY FLEXIBILITY ACT AVAILABLE AFTER PUBLICATION OF 
              THE FINAL RULE.

    (a) In General.--Paragraph (1) of section 611(a) of title 5, United 
States Code, is amended by striking ``final agency action'' and 
inserting ``such rule''.
    (b) Jurisdiction.--Paragraph (2) of such section is amended by 
inserting ``(or which would have such jurisdiction if publication of 
the final rule constituted final agency action)'' after ``provision of 
law,''.
    (c) Time for Bringing Action.--Paragraph (3) of such section is 
amended--
            (1) by striking ``final agency action'' and inserting 
        ``publication of the final rule''; and
            (2) by inserting ``, in the case of a rule for which the 
        date of final agency action is the same date as the publication 
        of the final rule,'' after ``except that''.
    (d) Intervention by Chief Counsel for Advocacy.--Subsection (b) of 
section 612 of title 5, United States Code, is amended by inserting 
before the first period ``or agency compliance with section 601, 603, 
604, 605(b), 609, or 610''.

SEC. 309. JURISDICTION OF COURT OF APPEALS OVER RULES IMPLEMENTING THE 
              REGULATORY FLEXIBILITY ACT.

    (a) In General.--Section 2342 of title 28, United States Code, is 
amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (7) the following new 
        paragraph:
            ``(8) all final rules under section 608(a) of title 5.''.
    (b) Conforming Amendments.--Paragraph (3) of section 2341 of title 
28, United States Code, is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) the Office of Advocacy of the Small Business 
                Administration, when the final rule is under section 
                608(a) of title 5.''.
    (c) Authorization To Intervene and Comment on Agency Compliance 
With Administrative Procedure.--Subsection (b) of section 612 of title 
5, United States Code, is amended by inserting ``chapter 5, and chapter 
7,'' after ``this chapter,''.

SEC. 310. ESTABLISHMENT AND APPROVAL OF SMALL BUSINESS CONCERN SIZE 
              STANDARDS BY CHIEF COUNSEL FOR ADVOCACY.

    (a) In General.--Subparagraph (A) of section 3(a)(2) of the Small 
Business Act (15 U.S.C. 632(a)(2)(A)) is amended to read as follows:
                    ``(A) In general.--In addition to the criteria 
                specified in paragraph (1)--
                            ``(i) the Administrator may specify 
                        detailed definitions or standards by which a 
                        business concern may be determined to be a 
                        small business concern for purposes of this Act 
                        or the Small Business Investment Act of 1958; 
                        and
                            ``(ii) the Chief Counsel for Advocacy may 
                        specify such definitions or standards for 
                        purposes of any other Act.''.
    (b) Approval by Chief Counsel.--Clause (iii) of section 3(a)(2)(C) 
of the Small Business Act (15 U.S.C. 632(a)(2)(C)(iii)) is amended to 
read as follows:
                            ``(iii) except in the case of a size 
                        standard prescribed by the Administrator, is 
                        approved by the Chief Counsel for Advocacy.''.
    (c) Industry Variation.--Paragraph (3) of section 3(a) of the Small 
Business Act (15 U.S.C. 632(a)(3)) is amended--
            (1) by inserting ``or Chief Counsel for Advocacy, as 
        appropriate'' before ``shall ensure''; and
            (2) by inserting ``or Chief Counsel for Advocacy'' before 
        the period at the end.
    (d) Judicial Review of Size Standards Approved by Chief Counsel.--
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by 
adding at the end the following new paragraph:
            ``(9) Judicial review of standards approved by chief 
        counsel.--In the case of an action for judicial review of a 
        rule which includes a definition or standard approved by the 
        Chief Counsel for Advocacy under this subsection, the party 
        seeking such review shall be entitled to join the Chief Counsel 
        as a party in such action.''.

SEC. 311. CLERICAL AMENDMENTS.

    (a) Definitions.--Section 601 of title 5, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by striking the semicolon at the end and 
                inserting a period; and
                    (B) by striking ``(1) the term'' and inserting the 
                following:
            ``(1) Agency.--The term'';
            (2) in paragraph (3)--
                    (A) by striking the semicolon at the end and 
                inserting a period; and
                    (B) by striking ``(3) the term'' and inserting the 
                following:
            ``(3) Small business.--The term'';
            (3) in paragraph (5)--
                    (A) by striking the semicolon at the end and 
                inserting a period; and
                    (B) by striking ``(5) the term'' and inserting the 
                following:
            ``(5) Small governmental jurisdiction.--The term''; and
            (4) in paragraph (6)--
                    (A) by striking ``; and'' and inserting a period; 
                and
                    (B) by striking ``(6) the term'' and inserting the 
                following:
            ``(6) Small entity.--The term''.
    (b) Incorporations by Reference and Certifications.--The heading of 
section 605 of title 5, United States Code, is amended to read as 
follows:
``Sec. 605. Incorporations by reference and certifications''.
    (c) Table of Sections.--The table of sections for chapter 6 of 
title 5, United States Code, is amended--
            (1) by striking the item relating to section 605 and 
        inserting the following new item:

``605. Incorporations by reference and certifications.'';
            (2) by striking the item relating to section 607 and 
        inserting the following new item:

``607. Quantification requirements.'';
        and
            (3) by striking the item relating to section 608 and 
        inserting the following:

``608. Additional powers of Chief Counsel for Advocacy.''.
    (d) Other Clerical Amendments to Chapter 6.--Chapter 6 of title 5, 
United States Code, is amended in section 603(d)--
            (1) by striking paragraph (2);
            (2) by striking ``(1) For a covered agency,'' and inserting 
        ``For a covered agency,'';
            (3) by striking ``(A) any'' and inserting ``(1) any'';
            (4) by striking ``(B) any'' and inserting ``(2) any''; and
            (5) by striking ``(C) advice'' and inserting ``(3) 
        advice''.

SEC. 312. AGENCY PREPARATION OF GUIDES.

    Section 212(a)(5) the Small Business Regulatory Enforcement 
Fairness Act of 1996 (5 U.S.C. 601 note) is amended to read as follows:
            ``(5) Agency preparation of guides.--The agency shall, in 
        its sole discretion, taking into account the subject matter of 
        the rule and the language of relevant statutes, ensure that the 
        guide is written using sufficiently plain language likely to be 
        understood by affected small entities. Agencies may prepare 
        separate guides covering groups or classes of similarly 
        affected small entities and may cooperate with associations of 
        small entities to distribute such guides. In developing guides, 
        agencies shall solicit input from affected small entities or 
        associations of affected small entities. An agency may prepare 
        guides and apply this section with respect to a rule or a group 
        of related rules.''.

SEC. 313. COMPTROLLER GENERAL REPORT.

    Not later than 90 days after the date of enactment of this title, 
the Comptroller General of the United States shall complete and publish 
a study that examines whether the Chief Counsel for Advocacy of the 
Small Business Administration has the capacity and resources to carry 
out the duties of the Chief Counsel under this title and the amendments 
made by this title.

     TITLE IV--SUNSHINE FOR REGULATORY DECREES AND SETTLEMENTS ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Sunshine for Regulatory Decrees 
and Settlements Act of 2014''.

SEC. 402. DEFINITIONS.

    In this title--
            (1) the terms ``agency'' and ``agency action'' have the 
        meanings given those terms under section 551 of title 5, United 
        States Code;
            (2) the term ``covered civil action'' means a civil 
        action--
                    (A) seeking to compel agency action;
                    (B) alleging that the agency is unlawfully 
                withholding or unreasonably delaying an agency action 
                relating to a regulatory action that would affect the 
                rights of--
                            (i) private persons other than the person 
                        bringing the action; or
                            (ii) a State, local, or tribal government; 
                        and
                    (C) brought under--
                            (i) chapter 7 of title 5, United States 
                        Code; or
                            (ii) any other statute authorizing such an 
                        action;
            (3) the term ``covered consent decree'' means--
                    (A) a consent decree entered into in a covered 
                civil action; and
                    (B) any other consent decree that requires agency 
                action relating to a regulatory action that affects the 
                rights of--
                            (i) private persons other than the person 
                        bringing the action; or
                            (ii) a State, local, or tribal government;
            (4) the term ``covered consent decree or settlement 
        agreement'' means a covered consent decree and a covered 
        settlement agreement; and
            (5) the term ``covered settlement agreement'' means--
                    (A) a settlement agreement entered into in a 
                covered civil action; and
                    (B) any other settlement agreement that requires 
                agency action relating to a regulatory action that 
                affects the rights of--
                            (i) private persons other than the person 
                        bringing the action; or
                            (ii) a State, local, or tribal government.

SEC. 403. CONSENT DECREE AND SETTLEMENT REFORM.

    (a) Pleadings and Preliminary Matters.--
            (1) In general.--In any covered civil action, the agency 
        against which the covered civil action is brought shall publish 
        the notice of intent to sue and the complaint in a readily 
        accessible manner, including by making the notice of intent to 
        sue and the complaint available online not later than 15 days 
        after receiving service of the notice of intent to sue or 
        complaint, respectively.
            (2) Entry of a covered consent decree or settlement 
        agreement.--A party may not make a motion for entry of a 
        covered consent decree or to dismiss a civil action pursuant to 
        a covered settlement agreement until after the end of 
        proceedings in accordance with paragraph (1) and subparagraphs 
        (A) and (B) of paragraph (2) of subsection (d) or subsection 
        (d)(3)(A), whichever is later.
    (b) Intervention.--
            (1) Rebuttable presumption.--In considering a motion to 
        intervene in a covered civil action or a civil action in which 
        a covered consent decree or settlement agreement has been 
        proposed that is filed by a person who alleges that the agency 
        action in dispute would affect the person, the court shall 
        presume, subject to rebuttal, that the interests of the person 
        would not be represented adequately by the existing parties to 
        the action.
            (2) State, local, and tribal governments.--In considering a 
        motion to intervene in a covered civil action or a civil action 
        in which a covered consent decree or settlement agreement has 
        been proposed that is filed by a State, local, or tribal 
        government, the court shall take due account of whether the 
        movant--
                    (A) administers jointly with an agency that is a 
                defendant in the action the statutory provisions that 
                give rise to the regulatory action to which the action 
                relates; or
                    (B) administers an authority under State, local, or 
                tribal law that would be preempted by the regulatory 
                action to which the action relates.
    (c) Settlement Negotiations.--Efforts to settle a covered civil 
action or otherwise reach an agreement on a covered consent decree or 
settlement agreement shall--
            (1) be conducted pursuant to the mediation or alternative 
        dispute resolution program of the court or by a district judge 
        other than the presiding judge, magistrate judge, or special 
        master, as determined appropriate by the presiding judge; and
            (2) include any party that intervenes in the action.
    (d) Publication of and Comment on Covered Consent Decrees or 
Settlement Agreements.--
            (1) In general.--Not later than 60 days before the date on 
        which a covered consent decree or settlement agreement is filed 
        with a court, the agency seeking to enter the covered consent 
        decree or settlement agreement shall publish in the Federal 
        Register and online--
                    (A) the proposed covered consent decree or 
                settlement agreement; and
                    (B) a statement providing--
                            (i) the statutory basis for the covered 
                        consent decree or settlement agreement; and
                            (ii) a description of the terms of the 
                        covered consent decree or settlement agreement, 
                        including whether it provides for the award of 
                        attorneys' fees or costs and, if so, the basis 
                        for including the award.
            (2) Public comment.--
                    (A) In general.--An agency seeking to enter a 
                covered consent decree or settlement agreement shall 
                accept public comment during the period described in 
                paragraph (1) on any issue relating to the matters 
                alleged in the complaint in the applicable civil action 
                or addressed or affected by the proposed covered 
                consent decree or settlement agreement.
                    (B) Response to comments.--An agency shall respond 
                to any comment received under subparagraph (A).
                    (C) Submissions to court.--When moving that the 
                court enter a proposed covered consent decree or 
                settlement agreement or for dismissal pursuant to a 
                proposed covered consent decree or settlement 
                agreement, an agency shall--
                            (i) inform the court of the statutory basis 
                        for the proposed covered consent decree or 
                        settlement agreement and its terms;
                            (ii) submit to the court a summary of the 
                        comments received under subparagraph (A) and 
                        the response of the agency to the comments;
                            (iii) submit to the court a certified index 
                        of the administrative record of the notice and 
                        comment proceeding; and
                            (iv) make the administrative record 
                        described in clause (iii) fully accessible to 
                        the court.
                    (D) Inclusion in record.--The court shall include 
                in the court record for a civil action the certified 
                index of the administrative record submitted by an 
                agency under subparagraph (C)(iii) and any documents 
                listed in the index which any party or amicus curiae 
                appearing before the court in the action submits to the 
                court.
            (3) Public hearings permitted.--
                    (A) In general.--After providing notice in the 
                Federal Register and online, an agency may hold a 
                public hearing regarding whether to enter into a 
                proposed covered consent decree or settlement 
                agreement.
                    (B) Record.--If an agency holds a public hearing 
                under subparagraph (A)--
                            (i) the agency shall--
                                    (I) submit to the court a summary 
                                of the proceedings;
                                    (II) submit to the court a 
                                certified index of the hearing record; 
                                and
                                    (III) provide access to the hearing 
                                record to the court; and
                            (ii) the full hearing record shall be 
                        included in the court record.
            (4) Mandatory deadlines.--If a proposed covered consent 
        decree or settlement agreement requires an agency action by a 
        date certain, the agency shall, when moving for entry of the 
        covered consent decree or settlement agreement or dismissal 
        based on the covered consent decree or settlement agreement, 
        inform the court of--
                    (A) any required regulatory action the agency has 
                not taken that the covered consent decree or settlement 
                agreement does not address;
                    (B) how the covered consent decree or settlement 
                agreement, if approved, would affect the discharge of 
                the duties described in subparagraph (A); and
                    (C) why the effects of the covered consent decree 
                or settlement agreement on the manner in which the 
                agency discharges its duties is in the public interest.
    (e) Submission by the Government.--
            (1) In general.--For any proposed covered consent decree or 
        settlement agreement that contains a term described in 
        paragraph (2), the Attorney General or, if the matter is being 
        litigated independently by an agency, the head of the agency 
        shall submit to the court a certification that the Attorney 
        General or head of the agency approves the proposed covered 
        consent decree or settlement agreement. The Attorney General or 
        head of the agency shall personally sign any certification 
        submitted under this paragraph.
            (2) Terms.--A term described in this paragraph is--
                    (A) in the case of a covered consent decree, a term 
                that--
                            (i) converts into a nondiscretionary duty a 
                        discretionary authority of an agency to 
                        propose, promulgate, revise, or amend 
                        regulations;
                            (ii) commits an agency to expend funds that 
                        have not been appropriated and that have not 
                        been budgeted for the regulatory action in 
                        question;
                            (iii) commits an agency to seek a 
                        particular appropriation or budget 
                        authorization;
                            (iv) divests an agency of discretion 
                        committed to the agency by statute or the 
                        Constitution of the United States, without 
                        regard to whether the discretion was granted to 
                        respond to changing circumstances, to make 
                        policy or managerial choices, or to protect the 
                        rights of third parties; or
                            (v) otherwise affords relief that the court 
                        could not enter under its own authority upon a 
                        final judgment in the civil action; or
                    (B) in the case of a covered settlement agreement, 
                a term--
                            (i) that provides a remedy for a failure by 
                        the agency to comply with the terms of the 
                        covered settlement agreement other than the 
                        revival of the civil action resolved by the 
                        covered settlement agreement; and
                            (ii) that--
                                    (I) interferes with the authority 
                                of an agency to revise, amend, or issue 
                                rules under the procedures set forth in 
                                chapter 5 of title 5, United States 
                                Code, or any other statute or Executive 
                                order prescribing rulemaking procedures 
                                for a rulemaking that is the subject of 
                                the covered settlement agreement;
                                    (II) commits the agency to expend 
                                funds that have not been appropriated 
                                and that have not been budgeted for the 
                                regulatory action in question; or
                                    (III) for such a covered settlement 
                                agreement that commits the agency to 
                                exercise in a particular way discretion 
                                which was committed to the agency by 
                                statute or the Constitution of the 
                                United States to respond to changing 
                                circumstances, to make policy or 
                                managerial choices, or to protect the 
                                rights of third parties.
    (f) Review by Court.--
            (1) Amicus.--A court considering a proposed covered consent 
        decree or settlement agreement shall presume, subject to 
        rebuttal, that it is proper to allow amicus participation 
        relating to the covered consent decree or settlement agreement 
        by any person who filed public comments or participated in a 
        public hearing on the covered consent decree or settlement 
        agreement under paragraph (2) or (3) of subsection (d).
            (2) Review of deadlines.--
                    (A) Proposed covered consent decrees.--For a 
                proposed covered consent decree, a court shall not 
                approve the covered consent decree unless the proposed 
                covered consent decree allows sufficient time and 
                incorporates adequate procedures for the agency to 
                comply with chapter 5 of title 5, United States Code, 
                and other applicable statutes that govern rulemaking 
                and, unless contrary to the public interest, the 
                provisions of any Executive order that governs 
                rulemaking.
                    (B) Proposed covered settlement agreements.--For a 
                proposed covered settlement agreement, a court shall 
                ensure that the covered settlement agreement allows 
                sufficient time and incorporates adequate procedures 
                for the agency to comply with chapter 5 of title 5, 
                United States Code, and other applicable statutes that 
                govern rulemaking and, unless contrary to the public 
                interest, the provisions of any Executive order that 
                governs rulemaking.
    (g) Annual Reports.--Each agency shall submit to Congress an annual 
report that, for the year covered by the report, includes--
            (1) the number, identity, and content of covered civil 
        actions brought against and covered consent decrees or 
        settlement agreements entered against or into by the agency; 
        and
            (2) a description of the statutory basis for--
                    (A) each covered consent decree or settlement 
                agreement entered against or into by the agency; and
                    (B) any award of attorneys fees or costs in a civil 
                action resolved by a covered consent decree or 
                settlement agreement entered against or into by the 
                agency.

SEC. 404. MOTIONS TO MODIFY CONSENT DECREES.

    If an agency moves a court to modify a covered consent decree or 
settlement agreement and the basis of the motion is that the terms of 
the covered consent decree or settlement agreement are no longer fully 
in the public interest due to the obligations of the agency to fulfill 
other duties or due to changed facts and circumstances, the court shall 
review the motion and the covered consent decree or settlement 
agreement de novo.

SEC. 405. EFFECTIVE DATE.

    This title shall apply to--
            (1) any covered civil action filed on or after the date of 
        enactment of this title; and
            (2) any covered consent decree or settlement agreement 
        proposed to a court on or after the date of enactment of this 
        title.

                         DIVISION IV--JUDICIARY

      TITLE I--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Regulations From the Executive in 
Need of Scrutiny Act of 2014''.

SEC. 102. PURPOSE.

    The purpose of this title is to increase accountability for and 
transparency in the Federal regulatory process. Section 1 of article I 
of the United States Constitution grants all legislative powers to 
Congress. Over time, Congress has excessively delegated its 
constitutional charge while failing to conduct appropriate oversight 
and retain accountability for the content of the laws it passes. By 
requiring a vote in Congress, the REINS Act will result in more 
carefully drafted and detailed legislation, an improved regulatory 
process, and a legislative branch that is truly accountable to the 
American people for the laws imposed upon them. Moreover, as a tax on 
carbon emissions increases energy costs on consumers, reduces economic 
growth and is therefore detrimental to individuals, families and 
businesses, the REINS Act includes in the definition of a major rule, 
any rule that implements or provides for the imposition or collection 
of a tax on carbon emissions.

SEC. 103. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Chapter 8 of title 5, United States Code, is amended to read as 
follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW 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.
``Sec. 801. Congressional review
    ``(a)(1)(A) Before a rule may take effect, the Federal agency 
promulgating such rule shall submit to each House of the Congress and 
to the Comptroller General a report containing--
            ``(i) a copy of the rule;
            ``(ii) a concise general statement relating to the rule;
            ``(iii) a classification of the rule as a major or nonmajor 
        rule, including an explanation of the classification 
        specifically addressing each criteria for a major rule 
        contained within clauses (i) through (iii) of section 804(2)(A) 
        or within section 804(2)(B);
            ``(iv) a list of any other related regulatory actions taken 
        by or that will be taken by the Federal agency promulgating the 
        rule that are intended to implement the same statutory 
        provision or regulatory objective as well as the individual and 
        aggregate economic effects of those actions;
            ``(v) a list of any other related regulatory actions taken 
        by or that will be taken by any other Federal agency with 
        authority to implement the same statutory provision or 
        regulatory objective that are intended to implement such 
        provision or objective, of which the Federal agency 
        promulgating the rule is aware, as well as the individual and 
        aggregate economic effects of those actions; and
            ``(vi) the proposed effective date of the rule.
    ``(B) On the date of the submission of the report under 
subparagraph (A), the Federal agency promulgating the rule shall submit 
to the Comptroller General and make available to each House of 
Congress--
            ``(i) a complete copy of the cost-benefit analysis of the 
        rule, if any, including an analysis of any jobs added or lost, 
        differentiating between public and private sector jobs;
            ``(ii) the agency's actions pursuant to sections 603, 604, 
        605, 607, and 609 of this title;
            ``(iii) the agency's actions pursuant to sections 202, 203, 
        204, and 205 of the Unfunded Mandates Reform Act of 1995; and
            ``(iv) any other relevant information or requirements under 
        any other Act and any relevant Executive orders.
    ``(C) Upon receipt of a report submitted under subparagraph (A), 
each House shall provide copies of the report to the chairman and 
ranking member of each standing committee with jurisdiction under the 
rules of the House of Representatives or the Senate to report a bill to 
amend the provision of law under which the rule is issued.
    ``(2)(A) The Comptroller General shall provide a report on each 
major rule to the committees of jurisdiction by the end of 15 calendar 
days after the submission or publication date. The report of the 
Comptroller General shall include an assessment of the agency's 
compliance with procedural steps required by paragraph (1)(B) and an 
assessment of whether the major rule imposes any new limits or mandates 
on private-sector activity.
    ``(B) Federal agencies shall cooperate with the Comptroller General 
by providing information relevant to the Comptroller General's report 
under subparagraph (A).
    ``(3) A major rule relating to a report submitted under paragraph 
(1) shall take effect upon enactment of a joint resolution of approval 
described in section 802 or as provided for in the rule following 
enactment of a joint resolution of approval described in section 802, 
whichever is later.
    ``(4) A nonmajor rule shall take effect as provided by section 803 
after submission to Congress under paragraph (1).
    ``(5) If a joint resolution of approval relating to a major rule is 
not enacted within the period provided in subsection (b)(2), then a 
joint resolution of approval relating to the same rule may not be 
considered under this chapter in the same Congress by either the House 
of Representatives or the Senate.
    ``(b)(1) A major rule shall not take effect unless the Congress 
enacts a joint resolution of approval described under section 802.
    ``(2) If a joint resolution described in subsection (a) is not 
enacted into law by the end of 70 session days or legislative days, as 
applicable, beginning on the date on which the report referred to in 
section 801(a)(1)(A) is received by Congress (excluding days either 
House of Congress is adjourned for more than 3 days during a session of 
Congress), then the rule described in that resolution shall be deemed 
not to be approved and such rule shall not take effect.
    ``(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a major rule may take effect for one 
90-calendar-day period if the President makes a determination under 
paragraph (2) and submits written notice of such determination to the 
Congress.
    ``(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the major rule should take effect 
because such rule is--
            ``(A) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws;
            ``(C) necessary for national security; or
            ``(D) issued pursuant to any statute implementing an 
        international trade agreement.
    ``(3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 802.
    ``(d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule for which a report 
was submitted in accordance with subsection (a)(1)(A) during the period 
beginning on the date occurring--
            ``(A) in the case of the Senate, 60 session days, or
            ``(B) in the case of the House of Representatives, 60 
        legislative days,
before the date the Congress is scheduled to adjourn a session of 
Congress through the date on which the same or succeeding Congress 
first convenes its next session, sections 802 and 803 shall apply to 
such rule in the succeeding session of Congress.
    ``(2)(A) In applying sections 802 and 803 for purposes of such 
additional review, a rule described under paragraph (1) shall be 
treated as though--
            ``(i) such rule were published in the Federal Register on--
                    ``(I) in the case of the Senate, the 15th session 
                day, or
                    ``(II) in the case of the House of Representatives, 
                the 15th legislative day,
        after the succeeding session of Congress first convenes; and
            ``(ii) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(B) Nothing in this paragraph shall be construed to affect the 
requirement under subsection (a)(1) that a report shall be submitted to 
Congress before a rule can take effect.
    ``(3) A rule described under paragraph (1) shall take effect as 
otherwise provided by law (including other subsections of this 
section).
``Sec. 802. Congressional approval procedure for major rules
    ``(a)(1) For purposes of this section, the term `joint resolution' 
means only a joint resolution addressing a report classifying a rule as 
major pursuant to section 801(a)(1)(A)(iii) that--
            ``(A) bears no preamble;
            ``(B) bears the following title (with blanks filled as 
        appropriate): `Approving the rule submitted by ___ relating to 
        ___.';
            ``(C) includes after its resolving clause only the 
        following (with blanks filled as appropriate): `That Congress 
        approves the rule submitted by ___ relating to ___.'; and
            ``(D) is introduced pursuant to paragraph (2).
    ``(2) After a House of Congress receives a report classifying a 
rule as major pursuant to section 801(a)(1)(A)(iii), the majority 
leader of that House (or his or her respective designee) shall 
introduce (by request, if appropriate) a joint resolution described in 
paragraph (1)--
            ``(A) in the case of the House of Representatives, within 
        three legislative days; and
            ``(B) in the case of the Senate, within three session days.
    ``(3) A joint resolution described in paragraph (1) shall not be 
subject to amendment at any stage of proceeding.
    ``(b) A joint resolution described in subsection (a) shall be 
referred in each House of Congress to the committees having 
jurisdiction over the provision of law under which the rule is issued.
    ``(c) In the Senate, if the committee or committees to which a 
joint resolution described in subsection (a) has been referred have not 
reported it at the end of 15 session days after its introduction, such 
committee or committees shall be automatically discharged from further 
consideration of the resolution and it shall be placed on the calendar. 
A vote on final passage of the resolution shall be taken on or before 
the close of the 15th session day after the resolution is reported by 
the committee or committees to which it was referred, or after such 
committee or committees have been discharged from further consideration 
of the resolution.
    ``(d)(1) In the Senate, when the committee or committees to which a 
joint resolution is referred have reported, or when a committee or 
committees are discharged (under subsection (c)) from further 
consideration of a joint resolution described in subsection (a), it is 
at any time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to the 
consideration of the joint resolution, and all points of order against 
the joint resolution (and against consideration of the joint 
resolution) are waived. The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If a motion to proceed 
to the consideration of the joint resolution is agreed to, the joint 
resolution shall remain the unfinished business of the Senate until 
disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 2 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the House of Representatives, if any committee to which a 
joint resolution described in subsection (a) has been referred has not 
reported it to the House at the end of 15 legislative days after its 
introduction, such committee shall be discharged from further 
consideration of the joint resolution, and it shall be placed on the 
appropriate calendar. On the second and fourth Thursdays of each month 
it shall be in order at any time for the Speaker to recognize a Member 
who favors passage of a joint resolution that has appeared on the 
calendar for at least 5 legislative days to call up that joint 
resolution for immediate consideration in the House without 
intervention of any point of order. When so called up a joint 
resolution shall be considered as read and shall be debatable for 1 
hour equally divided and controlled by the proponent and an opponent, 
and the previous question shall be considered as ordered to its passage 
without intervening motion. It shall not be in order to reconsider the 
vote on passage. If a vote on final passage of the joint resolution has 
not been taken by the third Thursday on which the Speaker may recognize 
a Member under this subsection, such vote shall be taken on that day.
    ``(f)(1) If, before passing a joint resolution described in 
subsection (a), one House receives from the other a joint resolution 
having the same text, then--
            ``(A) the joint resolution of the other House shall not be 
        referred to a committee; and
            ``(B) the procedure in the receiving House shall be the 
        same as if no joint resolution had been received from the other 
        House until the vote on passage, when the joint resolution 
        received from the other House shall supplant the joint 
        resolution of the receiving House.
    ``(2) This subsection shall not apply to the House of 
Representatives if the joint resolution received from the Senate is a 
revenue measure.
    ``(g) If either House has not taken a vote on final passage of the 
joint resolution by the last day of the period described in section 
801(b)(2), then such vote shall be taken on that day.
    ``(h) This section and section 803 are enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such is 
        deemed to be part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a) and superseding other rules only where 
        explicitly so; and
            ``(2) with full recognition of the Constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
    ``(a) For purposes of this section, the term `joint resolution' 
means only a joint resolution introduced in the period beginning on the 
date on which the report referred to in section 801(a)(1)(A) is 
received by Congress and ending 60 days thereafter (excluding days 
either House of Congress is adjourned for more than 3 days during a 
session of Congress), the matter after the resolving clause of which is 
as follows: `That Congress disapproves the nonmajor rule submitted by 
the ___ relating to ___, and such rule shall have no force or effect.' 
(The blank spaces being appropriately filled in).
    ``(b) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(c) In the Senate, if the committee to which is referred a joint 
resolution described in subsection (a) has not reported such joint 
resolution (or an identical joint resolution) at the end of 15 session 
days after the date of introduction of the joint resolution, such 
committee may be discharged from further consideration of such joint 
resolution upon a petition supported in writing by 30 Members of the 
Senate, and such joint resolution shall be placed on the calendar.
    ``(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is discharged 
(under subsection (c)) from further consideration of a joint resolution 
described in subsection (a), it is at any time thereafter in order 
(even though a previous motion to the same effect has been disagreed 
to) for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolution (and 
against consideration of the joint resolution) are waived. The motion 
is not subject to amendment, or to a motion to postpone, or to a motion 
to proceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or disagreed to 
shall not be in order. If a motion to proceed to the consideration of 
the joint resolution is agreed to, the joint resolution shall remain 
the unfinished business of the Senate until disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the Senate the procedure specified in subsection (c) or 
(d) shall not apply to the consideration of a joint resolution 
respecting a nonmajor rule--
            ``(1) after the expiration of the 60 session days beginning 
        with the applicable submission or publication date, or
            ``(2) if the report under section 801(a)(1)(A) was 
        submitted during the period referred to in section 801(d)(1), 
        after the expiration of the 60 session days beginning on the 
        15th session day after the succeeding session of Congress first 
        convenes.
    ``(f) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
``Sec. 804. Definitions
    ``For purposes of this chapter--
            ``(1) The term `Federal agency' means any agency as that 
        term is defined in section 551(1).
            ``(2) The term `major rule' means any rule, including an 
        interim final rule, that the Administrator of the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget finds--
                    ``(A) has resulted in or is likely to result in--
                            ``(i) an annual effect on the economy of 
                        $50,000,000 or more;
                            ``(ii) a major increase in costs or prices 
                        for consumers, individual industries, Federal, 
                        State, or local government agencies, or 
                        geographic regions; or
                            ``(iii) significant adverse effects on 
                        competition, employment, investment, 
                        productivity, innovation, or on the ability of 
                        United States-based enterprises to compete with 
                        foreign-based enterprises in domestic and 
                        export markets; or
                    ``(B) is made by the Administrator of the 
                Environmental Protection Agency and that would have a 
                significant impact on a substantial number of 
                agricultural entities, as determined by the Secretary 
                of Agriculture (who shall publish such determination in 
                the Federal Register);
                    ``(C) is a rule that implements or provides for the 
                imposition or collection of a carbon tax; or
                    ``(D) is made under the Patient Protection and 
                Affordable Care Act (Public Law 111-148).
            ``(3) The term `nonmajor rule' means any rule that is not a 
        major rule.
            ``(4) The term `rule' has the meaning given such term in 
        section 551, except that such term does not include any rule of 
        particular applicability, including a rule that approves or 
        prescribes for the future rates, wages, prices, services, or 
        allowances therefore, corporate or financial structures, 
        reorganizations, mergers, or acquisitions thereof, or 
        accounting practices or disclosures bearing on any of the 
        foregoing.
            ``(5) The term `submission date or publication date', 
        except as otherwise provided in this chapter, means--
                    ``(A) in the case of a major rule, the date on 
                which the Congress receives the report submitted under 
                section 801(a)(1); and
                    ``(B) in the case of a nonmajor rule, the later 
                of--
                            ``(i) the date on which the Congress 
                        receives the report submitted under section 
                        801(a)(1); and
                            ``(ii) the date on which the nonmajor rule 
                        is published in the Federal Register, if so 
                        published.
            ``(6) The term `agricultural entity' means any entity 
        involved in or related to agricultural enterprise, including 
        enterprises that are engaged in the business of production of 
        food and fiber, ranching and raising of livestock, aquaculture, 
        and all other farming and agricultural related industries.
            ``(7) The term `carbon tax' means a fee, levy, or price 
        on--
                    ``(A) emissions, including carbon dioxide emissions 
                generated by the burning of coal, natural gas, or oil; 
                or
                    ``(B) coal, natural gas, or oil based on emissions, 
                including carbon dioxide emissions that would be 
                generated through the fuel's combustion.
``Sec. 805. Judicial review
    ``(a) No determination, finding, action, or omission under this 
chapter shall be subject to judicial review.
    ``(b) Notwithstanding subsection (a), a court may determine whether 
a Federal agency has completed the necessary requirements under this 
chapter for a rule to take effect.
    ``(c) The enactment of a joint resolution of approval under section 
802 shall not be interpreted to serve as a grant or modification of 
statutory authority by Congress for the promulgation of a rule, shall 
not extinguish or affect any claim, whether substantive or procedural, 
against any alleged defect in a rule, and shall not form part of the 
record before the court in any judicial proceeding concerning a rule 
except for purposes of determining whether or not the rule is in 
effect.
``Sec. 806. Exemption for monetary policy
    ``Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of Governors of 
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
    ``Notwithstanding section 801--
            ``(1) any rule that establishes, modifies, opens, closes, 
        or conducts a regulatory program for a commercial, 
        recreational, or subsistence activity related to hunting, 
        fishing, or camping; or
            ``(2) any rule other than a major rule which an agency for 
        good cause finds (and incorporates the finding and a brief 
        statement of reasons therefore in the rule issued) that notice 
        and public procedure thereon are impracticable, unnecessary, or 
        contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the 
rule determines.''.

SEC. 104. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5, 
              UNITED STATES CODE.

    Section 257(b)(2) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended by adding at the end the following new 
subparagraph:
                    ``(E) Budgetary effects of rules subject to section 
                802 of title 5, united states code.--Any rules subject 
                to the congressional approval procedure set forth in 
                section 802 of chapter 8 of title 5, United States 
                Code, affecting budget authority, outlays, or receipts 
                shall be assumed to be effective unless it is not 
                approved in accordance with such section.''.

SEC. 105. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study to determine, as of the date of the enactment of this 
Act--
            (1) how many rules (as such term is defined in section 804 
        of title 5, United States Code) were in effect;
            (2) how many major rules (as such term is defined in 
        section 804 of title 5, United States Code) were in effect; and
            (3) the total estimated economic cost imposed by all such 
        rules.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to Congress that contains the findings of the 
study conducted under subsection (a).

                TITLE II--PERMANENT INTERNET TAX FREEDOM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Permanent Internet Tax Freedom 
Act''.

SEC. 202. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND MULTIPLE 
              AND DISCRIMINATORY TAXES ON ELECTRONIC COMMERCE.

    (a) In General.--Section 1101(a) of the Internet Tax Freedom Act 
(47 U.S.C. 151 note) is amended by striking `` during the period 
beginning November 1, 2003, and ending November 1, 2014''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxes imposed after the date of the enactment of this Act.

                     DIVISION V--NATURAL RESOURCES

    SUBDIVISION A--RESTORING HEALTHY FORESTS FOR HEALTHY COMMUNITIES

SEC. 100. SHORT TITLE.

    This subdivision may be cited as the ``Restoring Healthy Forests 
for Healthy Communities Act''.

    TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS

SEC. 101. PURPOSES.

    The purposes of this title are as follows:
            (1) To restore employment and educational opportunities in, 
        and improve the economic stability of, counties containing 
        National Forest System land.
            (2) To ensure that such counties have a dependable source 
        of revenue from National Forest System land.
            (3) To reduce Forest Service management costs while also 
        ensuring the protection of United States forests resources.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Annual volume requirement.--
                    (A) In general.--The term ``annual volume 
                requirement'', with respect to a Forest Reserve Revenue 
                Area, means a volume of national forest materials no 
                less than 50 percent of the sustained yield of the 
                Forest Reserve Revenue Area.
                    (B) Exclusions.--In determining the volume of 
                national forest materials or the sustained yield of a 
                Forest Reserve Revenue Area, the Secretary may not 
                include non-commercial post and pole sales and personal 
                use firewood.
            (2) Beneficiary county.--The term ``beneficiary county'' 
        means a political subdivision of a State that, on account of 
        containing National Forest System land, was eligible to receive 
        payments through the State under title I of the Secure Rural 
        Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
        7111 et seq.).
            (3) Catastrophic event.--The term ``catastrophic event'' 
        means an event (including severe fire, insect or disease 
        infestations, windthrow, or other extreme weather or natural 
        disaster) that the Secretary determines will cause or has 
        caused substantial damage to National Forest System land or 
        natural resources on National Forest System land.
            (4) Covered forest reserve project.--The terms ``covered 
        forest reserve project'' and ``covered project'' mean a project 
        involving the management or sale of national forest materials 
        within a Forest Reserve Revenue Area to generate forest reserve 
        revenues and achieve the annual volume requirement for the 
        Forest Reserve Revenue Area.
            (5) Forest reserve revenue area.--
                    (A) In general.--The term ``Forest Reserve Revenue 
                Area'' means National Forest System land in a unit of 
                the National Forest System designated for sustainable 
                forest management for the production of national forest 
                materials and forest reserve revenues.
                    (B) Inclusions.--Subject to subparagraph (C), but 
                otherwise notwithstanding any other provision of law, 
                including executive orders and regulations, the 
                Secretary shall include in Forest Reserve Revenue Areas 
                not less than 50 percent of the National Forest System 
                lands identified as commercial forest land capable of 
                producing twenty cubic feet of timber per acre.
                    (C) Exclusions.--A Forest Reserve Revenue Area may 
                not include National Forest System land--
                            (i) that is a component of the National 
                        Wilderness Preservation System;
                            (ii) on which the removal of vegetation is 
                        specifically prohibited by Federal statute; or
                            (iii) that is within a National Monument as 
                        of the date of the enactment of this Act.
            (6) Forest reserve revenues.--The term ``forest reserve 
        revenues'' means revenues derived from the sale of national 
        forest materials in a Forest Reserve Revenue Area.
            (7) National forest materials.--The term ``national forest 
        materials'' has the meaning given that term in section 14(e)(1) 
        of the National Forest Management Act of 1976 (16 U.S.C. 
        472a(e)(1)).
            (8) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)), except that the term does not include 
        the National Grasslands and land utilization projects 
        designated as National Grasslands administered pursuant to the 
        Act of July 22, 1937 (7 U.S.C. 1010-1012).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (10) Sustained yield.--The term ``sustained yield'' means 
        the maximum annual growth potential of the forest calculated on 
        the basis of the culmination of mean annual increment using 
        cubic measurement.
            (11) State.--The term ``State'' includes the Commonwealth 
        of Puerto Rico.
            (12) 25-percent payment.--The term ``25-percent payment'' 
        means the payment to States required by the sixth paragraph 
        under the heading of ``FOREST SERVICE'' in the Act of May 23, 
        1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act 
        of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

SEC. 103. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND ANNUAL 
              VOLUME REQUIREMENTS.

    (a) Establishment of Forest Reserve Revenue Areas.--Notwithstanding 
any other provision of law, the Secretary shall establish one or more 
Forest Reserve Revenue Areas within each unit of the National Forest 
System.
    (b) Deadline for Establishment.--The Secretary shall complete 
establishment of the Forest Reserve Revenue Areas not later than 60 
days after the date of enactment of this Act,
    (c) Purpose.--The purpose of a Forest Reserve Revenue Area is to 
provide a dependable source of 25-percent payments and economic 
activity through sustainable forest management for each beneficiary 
county containing National Forest System land.
    (d) Fiduciary Responsibility.--The Secretary shall have a fiduciary 
responsibility to beneficiary counties to manage Forest Reserve Revenue 
Areas to satisfy the annual volume requirement.
    (e) Determination of Annual Volume Requirement.--Not later than 30 
days after the date of the establishment of a Forest Reserve Revenue 
Area, the Secretary shall determine the annual volume requirement for 
that Forest Reserve Revenue Area.
    (f) Limitation on Reduction of Forest Reserve Revenue Areas.--Once 
a Forest Reserve Revenue Area is established under subsection (a), the 
Secretary may not reduce the number of acres of National Forest System 
land included in that Forest Reserve Revenue Area.
    (g) Map.--The Secretary shall provide a map of all Forest Reserve 
Revenue Areas established under subsection (a) for each unit of the 
National Forest System--
            (1) to the Committee on Agriculture and the Committee on 
        Natural Resources of the House of Representatives; and
            (2) to the Committee on Agriculture, Nutrition, and 
        Forestry and the Committee on Energy and Natural Resources of 
        the Senate.
    (h) Recognition of Valid and Existing Rights.--Neither the 
establishment of Forest Reserve Revenue Areas under subsection (a) nor 
any other provision of this title shall be construed to limit or 
restrict--
            (1) access to National Forest System land for hunting, 
        fishing, recreation, and other related purposes; or
            (2) valid and existing rights regarding National Forest 
        System land, including rights of any federally recognized 
        Indian tribe.

SEC. 104. MANAGEMENT OF FOREST RESERVE REVENUE AREAS.

    (a) Requirement To Achieve Annual Volume Requirement.--Immediately 
upon the establishment of a Forest Reserve Revenue Area, the Secretary 
shall manage the Forest Reserve Revenue Area in the manner necessary to 
achieve the annual volume requirement for the Forest Reserve Revenue 
Area. The Secretary is authorized and encouraged to commence covered 
forest reserve projects as soon as practicable after the date of the 
enactment of this Act to begin generating forest reserve revenues.
    (b) Standards for Projects Within Forest Reserve Revenue Areas.--
The Secretary shall conduct covered forest reserve projects within 
Forest Reserve Revenue Areas in accordance with this section, which 
shall serve as the sole means by which the Secretary will comply with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
and other laws applicable to the covered projects.
    (c) Environmental Analysis Process for Projects in Forest Reserve 
Revenue Areas.--
            (1) Environmental assessment.--The Secretary shall give 
        published notice and complete an environmental assessment 
        pursuant to section 102(2) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve 
        project proposed to be conducted within a Forest Reserve 
        Revenue Area, except that the Secretary is not required to 
        study, develop, or describe any alternative to the proposed 
        agency action.
            (2) Cumulative effects.--The Secretary shall consider 
        cumulative effects solely by evaluating the impacts of a 
        proposed covered forest reserve project combined with the 
        impacts of any other projects that were approved with a 
        Decision Notice or Record of Decision before the date on which 
        the Secretary published notice of the proposed covered project. 
        The cumulative effects of past projects may be considered in 
        the environmental assessment by using a description of the 
        current environmental conditions.
            (3) Length.--The environmental assessment prepared for a 
        proposed covered forest reserve project shall not exceed 100 
        pages in length. The Secretary may incorporate in the 
        environmental assessment, by reference, any documents that the 
        Secretary determines, in the sole discretion of the Secretary, 
        are relevant to the assessment of the environmental effects of 
        the covered project.
            (4) Deadline for completion.--The Secretary shall complete 
        the environmental assessment for a covered forest reserve 
        project within 180 days after the date on which the Secretary 
        published notice of the proposed covered project.
            (5) Treatment of decision notice.--The decision notice for 
        a covered forest reserve project shall be considered a final 
        agency action and no additional analysis under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall 
        be required to implement any portion of the covered project.
            (6) Categorical exclusion.--A covered forest reserve 
        project that is proposed in response to a catastrophic event, 
        that covers an area of 10,000 acres or less, or an eligible 
        hazardous fuel reduction or forest health project proposed 
        under title II that involves the removal of insect-infected 
        trees, dead or dying trees, trees presenting a threat to public 
        safety, or other hazardous fuels within 500 feet of utility or 
        telephone infrastructure, campgrounds, roadsides, heritage 
        sites, recreation sites, schools, or other infrastructure, 
        shall be categorically excluded from the requirements of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4331 et 
        seq.).
    (d) Application of Land and Resource Management Plan.--The 
Secretary may modify the standards and guidelines contained in the land 
and resource management plan for the unit of the National Forest System 
in which the covered forest reserve project will be carried out as 
necessary to achieve the requirements of this subdivision. Section 
6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered 
forest reserve project.
    (e) Compliance With Endangered Species Act.--
            (1) Non-jeopardy assessment.--If the Secretary determines 
        that a proposed covered forest reserve project may affect the 
        continued existence of any species listed as endangered or 
        threatened under section 4 of the Endangered Species Act of 
        1973 (16 U.S.C. 1533), the Secretary shall issue a 
        determination explaining the view of the Secretary that the 
        proposed covered project is not likely to jeopardize the 
        continued existence of the species.
            (2) Submission, review, and response.--
                    (A) Submission.--The Secretary shall submit a 
                determination issued by the Secretary under paragraph 
                (1) to the Secretary of the Interior or the Secretary 
                of Commerce, as appropriate.
                    (B) Review and response.--Within 30 days after 
                receiving a determination under subparagraph (A), the 
                Secretary of the Interior or the Secretary of Commerce, 
                as appropriate, shall provide a written response to the 
                Secretary concurring in or rejecting the Secretary's 
                determination. If the Secretary of the Interior or the 
                Secretary of Commerce rejects the determination, the 
                written response shall include recommendations for 
                measures that--
                            (i) will avoid the likelihood of jeopardy 
                        to an endangered or threatened species;
                            (ii) can be implemented in a manner 
                        consistent with the intended purpose of the 
                        covered forest reserve project;
                            (iii) can be implemented consistent with 
                        the scope of the Secretary's legal authority 
                        and jurisdiction; and
                            (iv) are economically and technologically 
                        feasible.
            (3) Formal consultation.--If the Secretary of the Interior 
        or the Secretary of Commerce rejects a determination issued by 
        the Secretary under paragraph (1), the Secretary of the 
        Interior or the Secretary of Commerce also is required to 
        engage in formal consultation with the Secretary. The 
        Secretaries shall complete such consultation pursuant to 
        section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
        1536) within 90 days after the submission of the written 
        response under paragraph (2).
    (f) Administrative and Judicial Review.--
            (1) Administrative review.--Administrative review of a 
        covered forest reserve project shall occur only in accordance 
        with the special administrative review process established 
        under section 105 of the Healthy Forests Restoration Act of 
        2003 (16 U.S.C. 6515).
            (2) Judicial review.--
                    (A) In general.--Judicial review of a covered 
                forest reserve project shall occur in accordance with 
                section 106 of the Healthy Forests Restoration Act of 
                2003 (16 U.S.C. 6516), except that a court of the 
                United States may not issue a restraining order, 
                preliminary injunction, or injunction pending appeal 
                covering a covered forest reserve project in response 
                to an allegation that the Secretary violated any 
                procedural requirement applicable to how the project 
                was selected, planned, or analyzed.
                    (B) Bond required.--A plaintiff challenging a 
                covered forest reserve project shall be required to 
                post a bond or other security acceptable to the court 
                for the reasonably estimated costs, expenses, and 
                attorneys fees of the Secretary as defendant. All 
                proceedings in the action shall be stayed until the 
                security is given. If the plaintiff has not complied 
                with the order to post such bond or other security 
                within 90 days after the date of service of the order, 
                then the action shall be dismissed with prejudice.
                    (C) Recovery.--If the Secretary prevails in the 
                case, the Secretary shall submit to the court a motion 
                for payment of all litigation expenses.
    (g) Use of All-Terrain Vehicles for Management Activities.--The 
Secretary may allow the use of all-terrain vehicles within the Forest 
Reserve Revenue Areas for the purpose of activities associated with the 
sale of national forest materials in a Forest Reserve Revenue Area.

SEC. 105. DISTRIBUTION OF FOREST RESERVE REVENUES.

    (a) 25-Percent Payments.--The Secretary shall use forest reserve 
revenues generated by a covered forest reserve project to make 25-
percent payments to States for the benefit of beneficiary counties.
    (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--After 
compliance with subsection (a), the Secretary shall use forest reserve 
revenues to make deposits into the fund established under section 3 of 
the Act of June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-
Vandenberg Fund) and the fund established under section 14(h) of the 
National Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly 
known as the salvage sale fund) in contributions equal to the monies 
otherwise collected under those Acts for projects conducted on National 
Forest System land.
    (c) Deposit in General Fund of the Treasury.--After compliance with 
subsections (a) and (b), the Secretary shall deposit remaining forest 
reserve revenues into the general fund of the Treasury.

SEC. 106. ANNUAL REPORT.

    (a) Report Required.--Not later than 60 days after the end of each 
fiscal year, the Secretary shall submit to Congress an annual report 
specifying the annual volume requirement in effect for that fiscal year 
for each Forest Reserve Revenue Area, the volume of board feet actually 
harvested for each Forest Reserve Revenue Area, the average cost of 
preparation for timber sales, the forest reserve revenues generated 
from such sales, and the amount of receipts distributed to each 
beneficiary county.
    (b) Form of Report.--The information required by subsection (a) to 
be provided with respect to a Forest Reserve Revenue Area shall be 
presented on a single page. In addition to submitting each report to 
Congress, the Secretary shall also make the report available on the 
website of the Forest Service.

     TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE 
                               PREVENTION

SEC. 201. PURPOSES.

    The purposes of this title are as follows:
            (1) To provide the Secretary of Agriculture and the 
        Secretary of the Interior with the tools necessary to reduce 
        the potential for wildfires.
            (2) To expedite wildfire prevention projects to reduce the 
        chances of wildfire on certain high-risk Federal lands.
            (3) To protect communities and forest habitat from 
        uncharacteristic wildfires.
            (4) To enhance aquatic conditions and terrestrial wildlife 
        habitat.
            (5) To restore diverse and resilient landscapes through 
        improved forest conditions.

SEC. 202. DEFINITIONS.

    In this title:
            (1) At-risk community.--The term ``at-risk community'' has 
        the meaning given that term in section 101 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6511).
            (2) At-risk forest.--The term ``at-risk forest'' means--
                    (A) Federal land in condition class II or III, as 
                those classes were developed by the Forest Service 
                Rocky Mountain Research Station in the general 
                technical report titled ``Development of Coarse-Scale 
                Spatial Data for Wildland Fire and Fuel Management'' 
                (RMRS-87) and dated April 2000 or any subsequent 
                revision of the report; or
                    (B) Federal land where there exists a high risk of 
                losing an at-risk community, key ecosystem, water 
                supply, wildlife, or wildlife habitat to wildfire, 
                including catastrophic wildfire and post-fire 
                disturbances, as designated by the Secretary concerned.
            (3) Federal land.--
                    (A) Covered land.--The term ``Federal land'' 
                means--
                            (i) land of the National Forest System (as 
                        defined in section 11(a) of the Forest and 
                        Rangeland Renewable Resources Planning Act of 
                        1974 (16 U.S.C. 1609(a))); or
                            (ii) public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702)).
                    (B) Excluded land.--The term does not include 
                land--
                            (i) that is a component of the National 
                        Wilderness Preservation System;
                            (ii) on which the removal of vegetation is 
                        specifically prohibited by Federal statute; or
                            (iii) that is within a National Monument as 
                        of the date of the enactment of this Act.
            (4) High-risk area.--The term ``high-risk area'' means an 
        area of Federal land identified under section 205 as an area 
        suffering from the bark beetle epidemic, drought, or 
        deteriorating forest health conditions, with the resulting 
        imminent risk of devastating wildfires, or otherwise at high 
        risk for bark beetle infestation, drought, or wildfire.
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, in the case of 
                National Forest System land; and
                    (B) the Secretary of the Interior, in the case of 
                public lands.
            (6) Eligible hazardous fuel reduction and forest health 
        projects.--The terms ``hazardous fuel reduction project'' or 
        ``forest health project'' mean the measures and methods 
        developed for a project to be carried out on Federal land--
                    (A) in an at-risk forest under section 203 for 
                hazardous fuels reduction, forest health, forest 
                restoration, or watershed restoration, using ecological 
                restoration principles consistent with the forest type 
                where such project will occur; or
                    (B) in a high-risk area under section 206.

SEC. 203. HAZARDOUS FUEL REDUCTION PROJECTS AND FOREST HEALTH PROJECTS 
              IN AT-RISK FORESTS.

    (a) Implementation.--As soon as practicable after the date of the 
enactment of this Act, the Secretary concerned is authorized to 
implement a hazardous fuel reduction project or a forest health project 
in at-risk forests in a manner that focuses on surface, ladder, and 
canopy fuels reduction activities using ecological restoration 
principles consistent with the forest type in the location where such 
project will occur.
    (b) Authorized Practices.--
            (1) Inclusion of livestock grazing and timber harvesting.--
        A hazardous fuel reduction project or a forest health project 
        may include livestock grazing and timber harvest projects 
        carried out for the purposes of hazardous fuels reduction, 
        forest health, forest restoration, watershed restoration, or 
        threatened and endangered species habitat protection or 
        improvement, if the management action is consistent with 
        achieving long-term ecological restoration of the forest type 
        in the location where such project will occur.
            (2) Grazing.--Domestic livestock grazing may be used in a 
        hazardous fuel reduction project or a forest health project to 
        reduce surface fuel loads and to recover burned areas. 
        Utilization standards shall not apply when domestic livestock 
        grazing is used in such a project.
            (3) Timber harvesting and thinning.--Timber harvesting and 
        thinning, where the ecological restoration principles are 
        consistent with the forest type in the location where such 
        project will occur, may be used in a hazardous fuel reduction 
        project or a forest health project to reduce ladder and canopy 
        fuel loads to prevent unnatural fire.
    (c) Priority.--The Secretary concerned shall give priority to 
hazardous fuel reduction projects and forest health projects submitted 
by the Governor of a State as provided in section 206(c) and to 
projects submitted under the Tribal Forest Protection Act of 2004 (25 
U.S.C. 3115a).

SEC. 204. ENVIRONMENTAL ANALYSIS.

    Subsections (b) through (f) of section 104 shall apply to the 
implementation of a hazardous fuel reduction project or a forest health 
project under this title. In addition, if the primary purpose of a 
hazardous fuel reduction project or a forest health project under this 
title is the salvage of dead, damaged, or down timber resulting from 
wildfire occurring in 2013 or 2014, the hazardous fuel reduction 
project or forest health project, and any decision of the Secretary 
concerned in connection with the project, shall not be subject to 
judicial review or to any restraining order or injunction issued by a 
United States court.

SEC. 205. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST 
              SYSTEM AND PUBLIC LANDS.

    (a) Designation Authority.--The Governor of a State may designate 
high-risk areas of Federal land in the State for the purposes of 
addressing--
            (1) deteriorating forest health conditions in existence as 
        of the date of the enactment of this Act due to the bark beetle 
        epidemic or drought, with the resulting imminent risk of 
        devastating wildfires; and
            (2) the future risk of insect infestations or disease 
        outbreaks through preventative treatments to improve forest 
        health conditions.
    (b) Consultation.--In designating high-risk areas, the Governor of 
a State shall consult with county government from affected counties and 
with affected Indian tribes.
    (c) Exclusion of Certain Areas.--The following Federal land may not 
be designated as a high-risk area:
            (1) A component of the National Wilderness Preservation 
        System.
            (2) Federal land on which the removal of vegetation is 
        specifically prohibited by Federal statute.
            (3) Federal land within a National Monument as of the date 
        of the enactment of this Act.
    (d) Standards for Designation.--Designation of high-risk areas 
shall be consistent with standards and guidelines contained in the land 
and resource management plan or land use plan for the unit of Federal 
land for which the designation is being made, except that the Secretary 
concerned may modify such standards and guidelines to correspond with a 
specific high-risk area designation.
    (e) Time for Initial Designations.--The first high-risk areas 
should be designated not later than 60 days after the date of the 
enactment of this Act, but high-risk areas may be designated at any 
time consistent with subsection (a).
    (f) Duration of Designation.--The designation of a high-risk area 
in a State shall expire 20 years after the date of the designation, 
unless earlier terminated by the Governor of the State.
    (g) Redesignation.--The expiration of the 20-year period specified 
in subsection (f) does not prohibit the Governor from redesignating an 
area of Federal land as a high-risk area under this section if the 
Governor determines that the Federal land continues to be subject to 
the terms of this section.
    (h) Recognition of Valid and Existing Rights.--The designation of a 
high-risk area shall not be construed to limit or restrict--
            (1) access to Federal land included in the area for 
        hunting, fishing, and other related purposes; or
            (2) valid and existing rights regarding the Federal land.

SEC. 206. USE OF HAZARDOUS FUELS REDUCTION OR FOREST HEALTH PROJECTS 
              FOR HIGH-RISK AREAS.

    (a) Project Proposals.--
            (1) Proposals authorized.--Upon designation of a high-risk 
        area in a State, the Governor of the State may provide for the 
        development of proposed hazardous fuel reduction projects or 
        forest health projects for the high-risk area.
            (2) Project criteria.--In preparing a proposed hazardous 
        fuel reduction project or a forest health project, the Governor 
        of a State and the Secretary concerned shall--
                    (A) take into account managing for rights of way, 
                protection of watersheds, protection of wildlife and 
                endangered species habitat, safe-guarding water 
                resources, and protecting at-risk communities from 
                wildfires; and
                    (B) emphasize activities that thin the forest to 
                provide the greatest health and longevity of the 
                forest.
    (b) Consultation.--In preparing a proposed hazardous fuel reduction 
project or a forest health project, the Governor of a State shall 
consult with county government from affected counties, and with 
affected Indian tribes.
    (c) Submission and Implementation.--The Governor of a State shall 
submit proposed emergency hazardous fuel reduction projects and forest 
health projects to the Secretary concerned for implementation as 
provided in section 203.

SEC. 207. MORATORIUM ON USE OF PRESCRIBED FIRE IN MARK TWAIN NATIONAL 
              FOREST, MISSOURI, PENDING REPORT.

    (a) Moratorium.--Except as provided in subsection (b), the 
Secretary of Agriculture may not conduct any prescribed fire in Mark 
Twain National Forest, Missouri, under the Collaborative Forest 
Landscape Restoration Project until the report required by subsection 
(c) is submitted to Congress.
    (b) Exception for Wildfire Suppression.--Subsection (a) does not 
prohibit the use of prescribed fire as part of wildfire suppression 
activities.
    (c) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Agriculture shall submit to 
Congress a report containing an evaluation of recent and current Forest 
Service management practices for Mark Twain National Forest, including 
lands in the National Forest enrolled, or under consideration for 
enrollment, in the Collaborative Forest Landscape Restoration Project 
to convert certain lands into shortleaf pine-oak woodlands, to 
determine the impact of such management practices on forest health and 
tree mortality. The report shall specifically address--
            (1) the economic costs associated with the failure to 
        utilize hardwoods cut as part of the Collaborative Forest 
        Landscape Restoration Project and the subsequent loss of 
        hardwood production from the treated lands in the long term;
            (2) the extent of increased tree mortality due to excessive 
        heat generated by prescribed fires;
            (3) the impacts to water quality and rate of water run off 
        due to erosion of the scorched earth left in the aftermath of 
        the prescribed fires; and
            (4) a long-term plan for evaluation of the impacts of 
        prescribed fires on lands previously burned within the Eleven 
        Point Ranger District.

     TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST, 
                         CONSERVATION, AND JOBS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``O&C Trust, Conservation, and Jobs 
Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Affiliates.--The term ``Affiliates'' has the meaning 
        given such term in part 121 of title 13, Code of Federal 
        Regulations.
            (2) Board of trustees.--The term ``Board of Trustees'' 
        means the Board of Trustees for the Oregon and California 
        Railroad Grant Lands Trust appointed under section 313.
            (3) Coos bay wagon road grant lands.--The term ``Coos Bay 
        Wagon Road Grant lands'' means the lands reconveyed to the 
        United States pursuant to the first section of the Act of 
        February 26, 1919 (40 Stat. 1179).
            (4) Fiscal year.--The term ``fiscal year'' means the 
        Federal fiscal year, October 1 through the next September 30.
            (5) Governor.--The term ``Governor'' means the Governor of 
        the State of Oregon.
            (6) O&C region public domain lands.--The term ``O&C Region 
        Public Domain lands'' means all the land managed by the Bureau 
        of Land Management in the Salem District, Eugene District, 
        Roseburg District, Coos Bay District, and Medford District in 
        the State of Oregon, excluding the Oregon and California 
        Railroad Grant lands and the Coos Bay Wagon Road Grant lands.
            (7) O&C trust.--The terms ``Oregon and California Railroad 
        Grant Lands Trust'' and ``O&C Trust'' mean the trust created by 
        section 311, which has fiduciary responsibilities to act for 
        the benefit of the O&C Trust counties in the management of O&C 
        Trust lands.
            (8) O&C trust county.--The term ``O&C Trust county'' means 
        each of the 18 counties in the State of Oregon that contained a 
        portion of the Oregon and California Railroad Grant lands as of 
        January 1, 2013, each of which are beneficiaries of the O&C 
        Trust.
            (9) O&C trust lands.--The term ``O&C Trust lands'' means 
        the surface estate of the lands over which management authority 
        is transferred to the O&C Trust pursuant to section 311(c)(1). 
        The term does not include any of the lands excluded from the 
        O&C Trust pursuant to section 311(c)(2), transferred to the 
        Forest Service under section 321, or Tribal lands transferred 
        under subtitle D.
            (10) Oregon and california railroad grant lands.--The term 
        ``Oregon and California Railroad Grant lands'' means the 
        following lands:
                    (A) All lands in the State of Oregon revested in 
                the United States under the Act of June 9, 1916 (39 
                Stat. 218), regardless of whether the lands are--
                            (i) administered by the Secretary of the 
                        Interior, acting through the Bureau of Land 
                        Management, pursuant to the first section of 
                        the Act of August 28, 1937 (43 U.S.C. 1181a); 
                        or
                            (ii) administered by the Secretary of 
                        Agriculture as part of the National Forest 
                        System pursuant to the first section of the Act 
                        of June 24, 1954 (43 U.S.C. 1181g).
                    (B) All lands in the State obtained by the 
                Secretary of the Interior pursuant to the land 
                exchanges authorized and directed by section 2 of the 
                Act of June 24, 1954 (43 U.S.C. 1181h).
                    (C) All lands in the State acquired by the United 
                States at any time and made subject to the provisions 
                of title II of the Act of August 28, 1937 (43 U.S.C. 
                1181f).
            (11) Reserve fund.--The term ``Reserve Fund'' means the 
        reserve fund created by the Board of Trustees under section 
        315(b).
            (12) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to 
                Oregon and California Railroad Grant lands that are 
                transferred to the management authority of the O&C 
                Trust and, immediately before such transfer, were 
                managed by the Bureau of Land Management; and
                    (B) the Secretary of Agriculture, with respect to 
                Oregon and California Railroad Grant lands that--
                            (i) are transferred to the management 
                        authority of the O&C Trust and, immediately 
                        before such transfer, were part of the National 
                        Forest System; or
                            (ii) are transferred to the Forest Service 
                        under section 321.
            (13) State.--The term ``State'' means the State of Oregon.
            (14) Transition period.--The term ``transition period'' 
        means the three fiscal-year period specified in section 331 
        following the appointment of the Board of Trustees during 
        which--
                    (A) the O&C Trust is created; and
                    (B) interim funding of the O&C Trust is secured.
            (15) Tribal lands.--The term ``Tribal lands'' means any of 
        the lands transferred to the Cow Creek Band of the Umpqua Tribe 
        of Indians or the Confederated Tribes of Coos, Lower Umpqua, 
        and Siuslaw Indians under subtitle D.

               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.

    (a) Creation.--The Oregon and California Railroad Grant Lands Trust 
is established effective on October 1 of the first fiscal year 
beginning after the appointment of the Board of Trustees. As management 
authority over the surface of estate of the O&C Trust lands is 
transferred to the O&C Trust during the transition period pursuant to 
section 331, the transferred lands shall be held in trust for the 
benefit of the O&C Trust counties.
    (b) Trust Purpose.--The purpose of the O&C Trust is to produce 
annual maximum sustained revenues in perpetuity for O&C Trust counties 
by managing the timber resources on O&C Trust lands on a sustained-
yield basis subject to the management requirements of section 314.
    (c) Designation of O&C Trust Lands.--
            (1) Lands included.--Except as provided in paragraph (2), 
        the O&C Trust lands shall include all of the lands containing 
        the stands of timber described in subsection (d) that are 
        located, as of January 1, 2013, on Oregon and California 
        Railroad Grant lands and O&C Region Public Domain lands.
            (2) Lands excluded.--O&C Trust lands shall not include any 
        of the following Oregon and California Railroad Grant lands and 
        O&C Region Public Domain lands (even if the lands are otherwise 
        described in subsection (d)):
                    (A) Federal lands within the National Landscape 
                Conservation System as of January 1, 2013.
                    (B) Federal lands designated as Areas of Critical 
                Environmental Concern as of January 1, 2013.
                    (C) Federal lands that were in the National 
                Wilderness Preservation System as of January 1, 2013.
                    (D) Federal lands included in the National Wild and 
                Scenic Rivers System of January 1, 2013.
                    (E) Federal lands within the boundaries of a 
                national monument, park, or other developed recreation 
                area as of January 1, 2013.
                    (F) Oregon treasures addressed in subtitle C, any 
                portion of which, as of January 1, 2013, consists of 
                Oregon and California Railroad Grant lands or O&C 
                Region Public Domain lands.
                    (G) Tribal lands addressed in subtitle D.
    (d) Covered Stands of Timber.--
            (1) Description.--The O&C Trust lands consist of stands of 
        timber that have previously been managed for timber production 
        or that have been materially altered by natural disturbances 
        since 1886. Most of these stands of timber are 80 years old or 
        less, and all of such stands can be classified as having a 
        predominant stand age of 125 years or less.
            (2) Delineation of boundaries by bureau of land 
        management.--The Oregon and California Railroad Grant lands and 
        O&C Region Public Domain lands that, immediately before 
        transfer to the O&C Trust, were managed by the Bureau of Land 
        Management are timber stands that have predominant birth date 
        attributes of 1886 or later, with boundaries that are defined 
        by polygon spatial data layer in and electronic data 
        compilation filed by the Bureau of Land Management pursuant to 
        paragraph (4). Except as provided in paragraph (5), the 
        boundaries of all timber stands constituting the O&C Trust 
        lands are finally and conclusively determined for all purposes 
        by coordinates in or derived by reference to the polygon 
        spatial data layer prepared by the Bureau of Land Management 
        and filed pursuant to paragraph (4), notwithstanding anomalies 
        that might later be discovered on the ground. The boundary 
        coordinates are locatable on the ground by use of global 
        positioning system signals. In cases where the location of the 
        stand boundary is disputed or is inconsistent with paragraph 
        (1), the location of boundary coordinates on the ground shall 
        be, except as otherwise provided in paragraph (5), finally and 
        conclusively determined for all purposes by the direct or 
        indirect use of global positioning system equipment with 
        accuracy specification of one meter or less.
            (3) Delineation of boundaries by forest service.--The O&C 
        Trust lands that, immediately before transfer to the O&C Trust, 
        were managed by the Forest Service are timber stands that can 
        be classified as having predominant stand ages of 125 years old 
        or less. Within 30 days after the date of the enactment of this 
        Act, the Secretary of Agriculture shall commence identification 
        of the boundaries of such stands, and the boundaries of all 
        such stands shall be identified and made available to the Board 
        of Trustees not later than 180 days following the creation of 
        the O&C Trust pursuant to subsection (a). In identifying the 
        stand boundaries, the Secretary may use geographic information 
        system data, satellite imagery, cadastral survey coordinates, 
        or any other means available within the time allowed. The 
        boundaries shall be provided to the Board of Trustees within 
        the time allowed in the form of a spatial data layer from which 
        coordinates can be derived that are locatable on the ground by 
        use of global positioning system signals. Except as provided in 
        paragraph (5), the boundaries of all timber stands constituting 
        the O&C Trust lands are finally and conclusively determined for 
        all purposes by coordinates in or derived by reference to the 
        data provided by the Secretary within the time provided by this 
        paragraph, notwithstanding anomalies that might later be 
        discovered on the ground. In cases where the location of the 
        stand boundary is disputed or inconsistent with paragraph (1), 
        the location of boundary coordinates on the ground shall be, 
        except as otherwise provided in paragraph (5), finally and 
        conclusively determined for all purposes by the boundary 
        coordinates provided by the Secretary as they are located on 
        the ground by the direct or indirect use of global positioning 
        system equipment with accuracy specifications of one meter or 
        less. All actions taken by the Secretary under this paragraph 
        shall be deemed to not involve Federal agency action or Federal 
        discretionary involvement or control.
            (4) Data and maps.--Copies of the data containing boundary 
        coordinates for the stands included in the O&C Trust lands, or 
        from which such coordinates are derived, and maps generally 
        depicting the stand locations shall be filed with the Committee 
        on Energy and Natural Resources of the Senate, the Committee on 
        Natural Resources of the House of Representatives, and the 
        office of the Secretary concerned. The maps and data shall be 
        filed--
                    (A) not later than 90 days after the date of the 
                enactment of this Act, in the case of the lands 
                identified pursuant to paragraph (2); and
                    (B) not later than 180 days following the creation 
                of the O&C Trust pursuant to subsection (a), in the 
                case of lands identified pursuant to paragraph (3).
            (5) Adjustment authority and limitations.--
                    (A) No impact on determining title or property 
                ownership boundaries.--Stand boundaries identified 
                under paragraph (2) or (3) shall not be relied upon for 
                purposes of determining title or property ownership 
                boundaries. If the boundary of a stand identified under 
                paragraph (2) or (3) extends beyond the property 
                ownership boundaries of Oregon and California Railroad 
                Grant lands or O&C Region Public Domain lands, as such 
                property boundaries exist on the date of enactment of 
                this Act, then that stand boundary is deemed adjusted 
                by this subparagraph to coincide with the property 
                ownership boundary.
                    (B) Effect of data errors or inconsistencies.--Data 
                errors or inconsistencies may result in parcels of land 
                along property ownership boundaries that are 
                unintentionally omitted from the O&C Trust lands that 
                are identified under paragraph (2) or (3). In order to 
                correct such errors, any parcel of land that satisfies 
                all of the following criteria is hereby deemed to be 
                O&C Trust land:
                            (i) The parcel is within the ownership 
                        boundaries of Oregon and California Railroad 
                        Grant lands or O&C Region Public Domain lands 
                        on the date of the enactment of this Act.
                            (ii) The parcel satisfies the description 
                        in paragraph (1) on the date of enactment of 
                        this Act.
                            (iii) The parcel is not excluded from the 
                        O&C Trust lands pursuant to subsection (c)(2).
                    (C) No impact on land exchange authority.--Nothing 
                in this subsection is intended to limit the authority 
                of the Trust and the Forest Service to engage in land 
                exchanges between themselves or with owners of non-
                Federal land as provided elsewhere in this title.

SEC. 312. LEGAL EFFECT OF O&C TRUST AND JUDICIAL REVIEW.

    (a) Legal Status of Trust Lands.--Subject to the other provisions 
of this section, all right, title, and interest in and to the O&C Trust 
lands remain in the United States, except that--
            (1) the Board of Trustees shall have all authority to 
        manage the surface estate of the O&C Trust lands and the 
        resources found thereon;
            (2) actions on the O&C Trust lands shall be deemed to 
        involve no Federal agency action or Federal discretionary 
        involvement or control and the laws of the State shall apply to 
        the surface estate of the O&C Trust lands in the manner 
        applicable to privately owned timberlands in the State; and
            (3) the O&C Trust shall be treated as the beneficial owner 
        of the surface estate of the O&C Trust lands for purposes of 
        all legal proceedings involving the O&C Trust lands.
    (b) Minerals.--
            (1) In general.--Mineral and other subsurface rights in the 
        O&C Trust lands are retained by the United States or other 
        owner of such rights as of the date on which management 
        authority over the surface estate of the lands are transferred 
        to the O&C Trust.
            (2) Rock and gravel.--
                    (A) Use authorized; purpose.--For maintenance or 
                construction on the road system under the control of 
                the O&C Trust or for non-Federal lands intermingled 
                with O&C Trust lands, the Board of Trustees may--
                            (i) utilize rock or gravel found within 
                        quarries in existence immediately before the 
                        date of the enactment of this Act on any Oregon 
                        and California Railroad Grant lands and O&C 
                        Region Public Domain lands, excluding those 
                        lands designated under subtitle C or 
                        transferred under subtitle D; and
                            (ii) construct new quarries on O&C Trust 
                        lands, except that any quarry so constructed 
                        may not exceed 5 acres.
                    (B) Exception.--The Board of Trustees shall not 
                construct new quarries on any of the lands transferred 
                to the Forest Service under section 321 or lands 
                designated under subtitle D.
    (c) Roads.--
            (1) In general.--Except as provided in subsection (b), the 
        Board of Trustees shall assume authority and responsibility 
        over, and have authority to use, all roads and the road system 
        specified in the following subparagraphs:
                    (A) All roads and road systems on the Oregon and 
                California Railroad and Grant lands and O&C Region 
                Public Domain lands owned or administered by the Bureau 
                of Land Management immediately before the date of the 
                enactment of this Act, except that the Secretary of 
                Agriculture shall assume the Secretary of Interior's 
                obligations for pro-rata maintenance expense and road 
                use fees under reciprocal right-of-way agreements for 
                those lands transferred to the Forest Service under 
                section 321. All of the lands transferred to the Forest 
                Service under section 321 shall be considered as part 
                of the tributary area used to calculate pro-rata 
                maintenance expense and road use fees.
                    (B) All roads and road systems owned or 
                administered by the Forest Service immediately before 
                the date of the enactment of this Act and subsequently 
                included within the boundaries of the O&C Trust lands.
                    (C) All roads later added to the road system for 
                management of the O&C Trust lands.
            (2) Lands transferred to forest service.--The Secretary of 
        Agriculture shall assume the obligations of the Secretary of 
        Interior for pro-rata maintenance expense and road use fees 
        under reciprocal rights-of-way agreements for those Oregon and 
        California Railroad Grant lands or O&C Region Public Domain 
        lands transferred to the Forest Service under section 321.
            (3) Compliance with clean water act.--All roads used, 
        constructed, or reconstructed under the jurisdiction of the O&C 
        Trust must comply with requirements of the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.) applicable to 
        private lands through the use of Best Management Practices 
        under the Oregon Forest Practices Act.
    (d) Public Access.--
            (1) In general.--Subject to paragraph (2), public access to 
        O&C Trust lands shall be preserved consistent with the policies 
        of the Secretary concerned applicable to the O&C Trust lands as 
        of the date on which management authority over the surface 
        estate of the lands is transferred to the O&C Trust.
            (2) Restrictions.--The Board of Trustees may limit or 
        control public access for reasons of public safety or to 
        protect the resources on the O&C Trust lands.
    (e) Limitations.--The assets of the O&C Trust shall not be subject 
to the creditors of an O&C Trust county, or otherwise be distributed in 
an unprotected manner or be subject to anticipation, encumbrance, or 
expenditure other than for a purpose for which the O&C Trust was 
created.
    (f) Remedy.--An O&C Trust county shall have all of the rights and 
remedies that would normally accrue to a beneficiary of a trust. An O&C 
Trust county shall provide the Board of Trustees, the Secretary 
concerned, and the Attorney General with not less than 60 days notice 
of an intent to sue to enforce the O&C Trust county's rights under the 
O&C Trust.
    (g) Judicial Review.--
            (1) In general.--Except as provided in paragraph (2), 
        judicial review of any provision of this title shall be sought 
        in the United States Court of Appeals for the District of 
        Columbia Circuit. Parties seeking judicial review of the 
        validity of any provision of this title must file suit within 
        90 days after the date of the enactment of this Act and no 
        preliminary injunctive relief or stays pending appeal will be 
        permitted. If multiple cases are filed under this paragraph, 
        the Court shall consolidate the cases. The Court must rule on 
        any action brought under this paragraph within 180 days.
            (2) Decisions of board of trustees.--Decisions made by the 
        Board of Trustees shall be subject to judicial review only in 
        an action brought by an O&C County, except that nothing in this 
        title precludes bringing a legal claim against the Board of 
        Trustees that could be brought against a private landowner for 
        the same action.

SEC. 313. BOARD OF TRUSTEES.

    (a) Appointment Authorization.--Subject to the conditions on 
appointment imposed by this section, the Governor is authorized to 
appoint the Board of Trustees to administer the O&C Trust and O&C Trust 
lands. Appointments by the Governor shall be made within 60 days after 
the date of the enactment of this Act.
    (b) Members and Eligibility.--
            (1) Number.--Subject to subsection (c), the Board of 
        Trustees shall consist of seven members.
            (2) Residency requirement.--Members of the Board of 
        Trustees must reside within an O&C Trust county.
            (3) Geographical representation.--To the extent 
        practicable, the Governor shall ensure broad geographic 
        representation among the O&C Trust counties in appointing 
        members to the Board of Trustees.
    (c) Composition.--The Board of Trustees shall include the following 
members:
            (1)(A) Two forestry and wood products representatives, 
        consisting of--
                    (i) one member who represents the commercial 
                timber, wood products, or milling industries and who 
                represents an Oregon-based company with more than 500 
                employees, taking into account its affiliates, that has 
                submitted a bid for a timber sale on the Oregon and 
                California Railroad Grant lands, O&C Region Public 
                Domain lands, Coos Bay Wagon Road Grant lands, or O&C 
                Trust lands in the preceding five years; and
                    (ii) one member who represents the commercial wood 
                products or milling industries and who represents an 
                Oregon-based company with 500 or fewer employees, 
                taking into account its affiliates, that has submitted 
                a bid for a timber sale on the Oregon and California 
                Railroad Grant lands, O&C Region Public Domain lands, 
                Coos Bay Wagon Road Grant lands, or O&C Trust lands in 
                the preceding five years.
            (B) At least one of the two representatives selected in 
        this paragraph must own commercial forest land that is adjacent 
        to the O&C Trust lands and from which the representative has 
        not exported unprocessed timber in the preceding five years.
            (2) One representative of the general public who has 
        professional experience in one or more of the following fields:
                    (A) Business management.
                    (B) Law.
                    (C) Accounting.
                    (D) Banking.
                    (E) Labor management.
                    (F) Transportation.
                    (G) Engineering.
                    (H) Public policy.
            (3) One representative of the science community who, at a 
        minimum, holds a Doctor of Philosophy degree in wildlife 
        biology, forestry, ecology, or related field and has published 
        peer-reviewed academic articles in the representative's field 
        of expertise.
            (4) Three governmental representatives, consisting of--
                    (A) two members who are serving county 
                commissioners of an O&C Trust county and who are 
                nominated by the governing bodies of a majority of the 
                O&C Trust counties and approved by the Governor, except 
                that the two representatives may not be from the same 
                county; and
                    (B) one member who holds State-wide elected office 
                (or is a designee of such a person) or who represents a 
                federally recognized Indian tribe or tribes within one 
                or more O&C Trust counties.
    (d) Term, Initial Appointment, Vacancies.--
            (1) Term.--Except in the case of initial appointments, 
        members of the Board of Trustees shall serve for five-year 
        terms and may be reappointed for one consecutive term.
            (2) Initial appointments.--In making the first appointments 
        to the Board of Trustees, the Governor shall stagger initial 
        appointment lengths so that two members have three-year terms, 
        two members have four-year terms, and three members have a full 
        five-year term.
            (3) Vacancies.--Any vacancy on the Board of Trustees shall 
        be filled within 45 days by the Governor for the unexpired term 
        of the departing member.
            (4) Board of trustees management costs.--Members of the 
        Board of Trustees may receive annual compensation from the O&C 
        Trust at a rate not to exceed 50 percent of the average annual 
        salary for commissioners of the O&C Trust counties for that 
        year.
    (e) Chairperson and Operations.--
            (1) Chairperson.--A majority of the Board of Trustees shall 
        select the chairperson for the Board of Trustees each year.
            (2) Meetings.--The Board of Trustees shall establish 
        proceedings to carry out its duties. The Board shall meet at 
        least quarterly. Except for meetings substantially involving 
        personnel and contractual decisions, all meetings of the Board 
        shall comply with the public meetings law of the State.
    (f) Quorum and Decision-Making.--
            (1) Quorum.--A quorum shall consist of five members of the 
        Board of Trustees. The presence of a quorum is required to 
        constitute an official meeting of the board of trustees to 
        satisfy the meeting requirement under subsection (e)(2).
            (2) Decisions.--All actions and decisions by the Board of 
        Trustees shall require approval by a majority of members.
    (g) Annual Audit.--Financial statements regarding operation of the 
O&C Trust shall be independently prepared and audited annually for 
review by the O&C Trust counties, Congress, and the State.

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

    (a) In General.--Except as otherwise provided in this title, the 
O&C Trust lands will be managed by the Board of Trustees in compliance 
with all Federal and State laws in the same manner as such laws apply 
to private forest lands.
    (b) Timber Sale Plans.--The Board of Trustees shall approve and 
periodically update management and sale plans for the O&C Trust lands 
consistent with the purpose specified in section 311(b). The Board of 
Trustees may defer sale plans during periods of depressed timber 
markets if the Board of Trustees, in its discretion, determines that 
such delay until markets improve is financially prudent and in keeping 
with its fiduciary obligation to the O&C Trust counties.
    (c) Stand Rotation.--
            (1) 100-120 year rotation.--The Board of Trustees shall 
        manage not less than 50 percent of the harvestable acres of the 
        O&C Trust lands on a 100-120 year rotation. The acreage subject 
        to 100-120 year management shall be geographically dispersed 
        across the O&C Trust lands in a manner that the Board of 
        Trustees, in its discretion, determines will contribute to 
        aquatic and terrestrial ecosystem values.
            (2) Balance.--The balance of the harvestable acreage of the 
        O&C Trust lands shall be managed on any rotation age the Board 
        of Trustees, in its discretion and in compliance with 
        applicable State law, determines will best satisfy its 
        fiduciary obligation to provide revenue to the O&C Trust 
        counties.
            (3) Thinning.--Nothing in this subsection is intended to 
        limit the ability of the Board of Trustees to decide, in its 
        discretion, to thin stands of timber on O&C Trust lands.
    (d) Sale Terms.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Board of Trustees is authorized to establish the terms for sale 
        contracts of timber or other forest products from O&C Trust 
        lands.
            (2) Set aside.--The Board of Trustees shall establish a 
        program consistent with the program of the Bureau of Land 
        Management under a March 10, 1959 Memorandum of Understanding, 
        as amended, regarding calculation of shares and sale of timber 
        set aside for purchase by business entities with 500 or fewer 
        employees and consistent with the regulations in part 121 of 
        title 13, Code of Federal Regulations applicable to timber sale 
        set asides, except that existing shares in effect on the date 
        of enactment of this Act shall apply until the next scheduled 
        recomputation of shares. In implementing its program that is 
        consistent with such Memorandum of Understanding, the Board of 
        Trustees shall utilize the Timber Sale Procedure Handbook and 
        other applicable procedures of the Bureau of Land Management, 
        including the Operating Procedures for Conducting the Five-Year 
        Recomputation of Small Business Share Percentages in effect on 
        January 1, 2013.
            (3) Competitive bidding.--The Board of Trustees must sell 
        timber on a competitive bid basis. No less than 50 percent of 
        the total volume of timber sold by the Board of Trustees each 
        year shall be sold by oral bidding consistent with practices of 
        the Bureau of Land Management as of January 1, 2013.
    (e) Prohibition on Export.--
            (1) In general.--As a condition on the sale of timber or 
        other forest products from O&C Trust lands, unprocessed timber 
        harvested from O&C Trust lands may not be exported.
            (2) Violations.--Any person who knowingly exports 
        unprocessed timber harvested from O&C Trust lands, who 
        knowingly provides such unprocessed timber for export by 
        another person, or knowingly sells timber harvested from O&C 
        Trust lands to a person who is disqualified from purchasing 
        timber from such lands pursuant to this section shall be 
        disqualified from purchasing timber or other forest products 
        from O&C Trust lands or from Federal lands administered under 
        this subtitle. Any person who uses unprocessed timber harvested 
        from O&C Trust lands in substitution for exported unprocessed 
        timber originating from private lands shall be disqualified 
        from purchasing timber or other forest products from O&C Trust 
        lands or from Federal lands administered under this subtitle.
            (3) Unprocessed timber defined.--In this subsection, the 
        term ``unprocessed timber'' has the meaning given such term in 
        section 493(9) of the Forest Resources Conservation and 
        Shortage Relief Act of 1990 (16 U.S.C. 620e(9)).
    (f) Integrated Pest, Disease, and Weed Management Plan.--The Board 
of Trustees shall develop an integrated pest and vegetation management 
plan to assist forest managers in prioritizing and minimizing the use 
of pesticides and herbicides approved by the Environmental Protection 
Agency and used in compliance with the Oregon Forest Practices Act. The 
plan shall optimize the ability of the O&C Trust to re-establish forest 
stands after harvest in compliance with the Oregon Forest Practices Act 
and to create diverse early seral stage forests. The plan shall allow 
for the eradication, containment and suppression of disease, pests, 
weeds and noxious plants, and invasive species as found on the State 
Noxious Weed List and prioritize ground application of herbicides and 
pesticides to the greatest extent practicable. The plan shall be 
completed before the start of the second year of the transition period. 
The planning process shall be open to the public and the Board of 
Trustees shall hold not less than two public hearings on the proposed 
plan before final adoption.
    (g) Access to Lands Transferred to Forest Service.--Persons acting 
on behalf of the O&C Trust shall have a right of timely access over 
lands transferred to the Forest Service under section 321 and Tribal 
lands transferred under subtitle D as is reasonably necessary for the 
Board of Trustees to carry out its management activities with regard to 
the O&C Trust lands and the O&C Trust to satisfy its fiduciary duties 
to O&C counties.
    (h) Harvest Area Tree and Retention Requirements.--
            (1) In general.--The O&C Trust lands shall include harvest 
        area tree and retention requirements consistent with State law.
            (2) Use of old growth definition.--To the greatest extent 
        practicable, and at the discretion of the Board of Trustees, 
        old growth, as defined by the Old Growth Review Panel created 
        by section 324, shall be used to meet the retention 
        requirements applicable under paragraph (1).
    (i) Riparian Area Management.--
            (1) In general.--The O&C Trust lands shall be managed with 
        timber harvesting limited in riparian areas as follows:
                    (A) Streams.--For all fish bearing streams and all 
                perennial non-fish-bearing streams, there shall be no 
                removal of timber within a distance equal to the height 
                of one site potential tree on both sides of the stream 
                channel. For intermittent, non-fish-bearing streams, 
                there shall be no removal of timber within a distance 
                equal to one-half the height of a site potential tree 
                on both sides of the stream channel. For purposes of 
                this subparagraph, the stream channel boundaries are 
                the lines of ordinary high water.
                    (B) Larger lakes, ponds and reservoirs.--For all 
                lakes, ponds, and reservoirs with surface area larger 
                than one quarter of one acre, there shall be no removal 
                of timber within a distance equal to the height of one 
                site potential tree from the line of ordinary high 
                water of the water body.
                    (C) Small ponds and natural wetlands, springs and 
                seeps.--For all ponds with surface area one quarter 
                acre or less, and for all natural wetlands, springs and 
                seeps, there shall be no removal of timber within the 
                area dominated by riparian vegetation.
            (2) Measurements.--For purposes of paragraph (1), all 
        distances shall be measured along slopes, and all site 
        potential tree heights shall be average height at maturity of 
        the dominant species of conifer determined at a scale no finer 
        than the applicable fifth field watershed.
            (3) Rules of construction.--Nothing in paragraph (1) shall 
        be construed--
                    (A) to prohibit the falling or placement of timber 
                into streams to create large woody debris for the 
                benefit of aquatic ecosystems; or
                    (B) to prohibit the falling of trees within 
                riparian areas as may be reasonably necessary for 
                safety or operational reasons in areas adjacent to the 
                riparian areas, or for road construction or maintenance 
                pursuant to section 312(c)(3).
    (j) Fire Protection and Emergency Response.--
            (1) Reciprocal fire protection agreements.--
                    (A) Continuation of agreements.--Subject to 
                subparagraphs (B), (C), and (D), any reciprocal fire 
                protection agreement between the State or any other 
                entity and the Secretary concerned with regard to 
                Oregon and California Railroad Grant lands and O&C 
                Region Public Domain lands in effect on the date of the 
                enactment of this Act shall remain in place for a 
                period of ten years after such date unless earlier 
                terminated by the State or other entity.
                    (B) Assumption of blm rights and duties.--The Board 
                of Trustees shall exercise the rights and duties of the 
                Bureau of Land Management under the agreements 
                described in subparagraph (A), except as such rights 
                and duties might apply to Tribal lands under subtitle 
                D.
                    (C) Effect of expiration of period.--Following the 
                expiration of the ten-year period under subparagraph 
                (A), the Board of Trustees shall continue to provide 
                for fire protection of the Oregon and California 
                Railroad Grant lands and O&C Region Public Domain 
                lands, including those transferred to the Forest 
                Service under section 331, through continuation of the 
                reciprocal fire protection agreements, new cooperative 
                agreements, or by any means otherwise permitted by law. 
                The means selected shall be based on the review by the 
                Board of Trustees of whether the reciprocal fire 
                protection agreements were effective in protecting the 
                lands from fire.
                    (D) Emergency response.--Nothing in this paragraph 
                shall prevent the Secretary of Agriculture from an 
                emergency response to a fire on the O&C Trust lands or 
                lands transferred to the Forest Service under section 
                321.
            (2) Emergency response to fire.--Subject to paragraph (1), 
        if the Secretary of Agriculture determines that fire on any of 
        the lands transferred under section 321 is burning uncontrolled 
        or the Secretary, the Board of Trustees, or contracted party 
        does not have readily and immediately available personnel and 
        equipment to control or extinguish the fire, the Secretary, or 
        any forest protective association or agency under contract or 
        agreement with the Secretary or the Board of Trustees for the 
        protection of forestland against fire, shall summarily and 
        aggressively abate the nuisance thus controlling and 
        extinguishing the fire.
    (k) Northern Spotted Owl.--So long as the O&C Trust maintains the 
100-120 year rotation on 50 percent of the harvestable acres required 
in subsection (c), the section 321 lands representing the best quality 
habitat for the owl are transferred to the Forest Service, and the O&C 
Trust protects currently occupied northern spotted owl nest sites 
consistent with the forest practices in the Oregon Forest Practices 
Act, management of the O&C Trust land by the Board of Trustees shall be 
considered to comply with section 9 of Public Law 93-205 (16 U.S.C. 
1538) for the northern spotted owl. A currently occupied northern 
spotted owl nest site shall be considered abandoned if there are no 
northern spotted owl responses following three consecutive years of 
surveys using the Protocol for Surveying Management Activities that May 
Impact Northern Spotted Owls dated February 2, 2013.

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

    (a) Annual Distribution of Revenues.--
            (1) Time for distribution; use.--Payments to each O&C Trust 
        county shall be made available to the general fund of the O&C 
        Trust county as soon as practicable following the end of each 
        fiscal year, to be used as are other unrestricted county funds.
            (2) Amount.--The amount paid to an O&C Trust county in 
        relation to the total distributed to all O&C Trust counties for 
        a fiscal year shall be based on the proportion that the total 
        assessed value of the Oregon and California Railroad Grant 
        lands in each of the O&C Trust counties for fiscal year 1915 
        bears to the total assessed value of all of the Oregon and 
        California Railroad Grant lands in the State for that same 
        fiscal year. However, for the purposes of this subsection the 
        portion of the revested Oregon and California Railroad Grant 
        lands in each of the O&C Trust counties that was not assessed 
        for fiscal year 1915 shall be deemed to have been assessed at 
        the average assessed value of the Oregon and California 
        Railroad Grant lands in the county.
            (3) Limitation.--After the fifth payment made under this 
        subsection, the payment to an O&C Trust county for a fiscal 
        year shall not exceed 110 percent of the previous year's 
        payment to the O&C Trust county, adjusted for inflation based 
        on the consumer price index applicable to the geographic area 
        in which the O&C Trust counties are located.
    (b) Reserve Fund.--
            (1) Establishment of reserve fund.--The Board of Trustees 
        shall generate and maintain a reserve fund.
            (2) Deposits to reserve fund.--Within 10 years after 
        creation of the O&C Trust or as soon thereafter as is 
        practicable, the Board of Trustees shall establish and seek to 
        maintain an annual balance of $125,000,000 in the Reserve Fund, 
        to be derived from revenues generated from management 
        activities involving O&C Trust lands. All annual revenues 
        generated in excess of operating costs and payments to O&C 
        Trust counties required by subsection (a) and payments into the 
        Conservation Fund as provided in subsection (c) shall be 
        deposited in the Reserve Fund.
            (3) Expenditures from reserve fund.--The Board of Trustees 
        shall use amounts in the Reserve Fund only--
                    (A) to pay management and administrative expenses 
                or capital improvement costs on O&C Trust lands; and
                    (B) to make payments to O&C Trust counties when 
                payments to the counties under subsection (a) are 
                projected to be 90 percent or less of the previous 
                year's payments.
    (c) O&C Trust Conservation Fund.--
            (1) Establishment of conservation fund.--The Board of 
        Trustees shall use a portion of revenues generated from 
        activity on the O&C Trust lands, consistent with paragraph (2), 
        to establish and maintain a O&C Trust Conservation Fund. The 
        O&C Trust Conservation Fund shall include no Federal 
        appropriations.
            (2) Revenues.--Following the transition period, five 
        percent of the O&C Trust's annual net operating revenue, after 
        deduction of all management costs and expenses, including the 
        payment required under section 317, shall be deposited to the 
        O&C Trust Conservation Fund.
            (3) Expenditures from conservation fund.--The Board of 
        Trustees shall use amounts from the O&C Trust Conservation Fund 
        only--
                    (A) to fund the voluntary acquisition of 
                conservation easements from willing private landowners 
                in the State;
                    (B) to fund watershed restoration, remediation and 
                enhancement projects within the State; or
                    (C) to contribute to balancing values in a land 
                exchange with willing private landowners proposed under 
                section 323(b), if the land exchange will result in a 
                net increase in ecosystem benefits for fish, wildlife, 
                or rare native plants.

SEC. 316. LAND EXCHANGE AUTHORITY.

    (a) Authority.--Subject to approval by the Secretary concerned, the 
Board of Trustees may negotiate proposals for land exchanges with 
owners of lands adjacent to O&C Trust lands in order to create larger 
contiguous blocks of land under management by the O&C Trust to 
facilitate resource management, to improve conservation value of such 
lands, or to improve the efficiency of management of such lands.
    (b) Approval Required; Criteria.--The Secretary concerned may 
approve a land exchange proposed by the Board of Trustees 
administratively if the exchange meets the following criteria:
            (1) The non-Federal lands are completely within the State.
            (2) The non-Federal lands have high timber production 
        value, or are necessary for more efficient or effective 
        management of adjacent or nearby O&C Trust lands.
            (3) The non-Federal lands have equal or greater value to 
        the O&C Trust lands proposed for exchange.
            (4) The proposed exchange is reasonably likely to increase 
        the net income to the O&C Trust counties over the next 20 years 
        and not decrease the net income to the O&C Trust counties over 
        the next 10 years.
    (c) Acreage Limitation.--The Secretary concerned shall not approve 
land exchanges under this section that, taken together with all 
previous exchanges involving the O&C Trust lands, have the effect of 
reducing the total acreage of the O&C Trust lands by more than five 
percent from the total acreage to be designated as O&C Trust land under 
section 311(c)(1).
    (d) Inapplicability of Certain Laws.--Section 3 of the Oregon 
Public Lands Transfer and Protection Act of 1998 (Public Law 105-321; 
112 Stat. 3022), the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et. seq.), including the amendments made by the Federal 
Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat. 
1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and the Act of 
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) 
shall not apply to the land exchange authority provided by this 
section.
    (e) Exchanges With Forest Service.--
            (1) Exchanges authorized.--The Board of Trustees is 
        authorized to engage in land exchanges with the Forest Service 
        if approved by the Secretary pursuant to section 323(c).
            (2) Management of exchanged lands.--Following completion of 
        a land exchange under paragraph (1), the management 
        requirements applicable to the newly acquired lands by the O&C 
        Trust or the Forest Service shall be the same requirements 
        under this subtitle applicable to the other lands that are 
        managed by the O&C Board or the Forest Service.

SEC. 317. PAYMENTS TO THE UNITED STATES TREASURY.

    As soon as practicable after the end of the third fiscal year of 
the transition period and in each of the subsequent seven fiscal years, 
the O&C Trust shall submit a payment of $10,000,000 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.

    (a) Transfer Required.--The Secretary of the Interior shall 
transfer administrative jurisdiction over all Oregon and California 
Railroad Grant lands and O&C Region Public Domain lands not designated 
as O&C Trust lands by subparagraphs (A) through (F) of section 
311(c)(1), including those lands excluded by section 311(c)(2), to the 
Secretary of Agriculture for inclusion in the National Forest System 
and administration by the Forest Service as provided in section 322.
    (b) Exception.--This section does not apply to Tribal lands 
transferred under subtitle D.

SEC. 322. MANAGEMENT OF TRANSFERRED LANDS BY FOREST SERVICE.

    (a) Assignment to Existing National Forests.--To the greatest 
extent practicable, management responsibilities for the lands 
transferred under section 321 shall be assigned to the unit of the 
National Forest System geographically closest to the transferred lands. 
The Secretary of Agriculture shall have ultimate decision-making 
authority, but shall assign the transferred lands to a unit not later 
than the applicable transfer date provided in the transition period.
    (b) Application of Northwest Forest Plan.--
            (1) In general.--Except as provided in paragraph (2), the 
        lands transferred under section 321 shall be managed under the 
        Northwest Forest Plan and shall retain Northwest Forest Plan 
        land use designations until or unless changed in the manner 
        provided by Federal laws applicable to the administration and 
        management of the National Forest System.
            (2) Exception for certain designated lands.--The lands 
        excluded from the O&C Trust by subparagraphs (A) through (F) of 
        section 311(c)(2) and transferred to the Forest Service under 
        section 321 shall be managed as provided by Federal laws 
        applicable to the lands.
    (c) Protection of Old Growth.--Old growth, as defined by the Old 
Growth Review Panel pursuant to rulemaking conducted in accordance with 
section 553 of title 5, United States Code, shall not be harvested by 
the Forest Service on lands transferred under section 321.
    (d) Emergency Response to Fire.--Subject to section 314(i), if the 
Secretary of Agriculture determines that fire on any of the lands 
transferred under section 321 is burning uncontrolled or the Secretary 
or contracted party does not have readily and immediately available 
personnel and equipment to control or extinguish the fire, the 
Secretary, or any forest protective association or agency under 
contract or agreement with the Secretary for the protection of 
forestland against fire, and within whose protection area the fire 
exists, shall summarily and aggressively abate the nuisance thus 
controlling and extinguishing the fire.

SEC. 323. MANAGEMENT EFFICIENCIES AND EXPEDITED LAND EXCHANGES.

    (a) Land Exchange Authority.--The Secretary of Agriculture may 
conduct land exchanges involving lands transferred under section 321, 
other than the lands excluded from the O&C Trust by subparagraphs (A) 
through (F) of section 311(c)(2), in order create larger contiguous 
blocks of land under management of the Secretary to facilitate resource 
management, to improve conservation value of such lands, or to improve 
the efficiency of management of such lands.
    (b) Criteria for Exchanges With Non-Federal Owners.--The Secretary 
of Agriculture may conduct a land exchange administratively under this 
section with a non-Federal owner (other than the O&C Trust) if the land 
exchange meets the following criteria:
            (1) The non-Federal lands are completely within the State.
            (2) The non-Federal lands have high wildlife conservation 
        or recreation value or the exchange is necessary to increase 
        management efficiencies of lands administered by the Forest 
        Service for the purposes of the National Forest System.
            (3) The non-Federal lands have equal or greater value to 
        the Federal lands purposed for exchange or a balance of values 
        can be achieved--
                    (A) with a grant of funds provided by the O&C Trust 
                pursuant to section 315(c); or
                    (B) from other sources.
    (c) Criteria for Exchanges With O&C Trust.--The Secretary of 
Agriculture may conduct land exchanges with the Board of Trustees 
administratively under this subsection, and such an exchange shall be 
deemed to not involve any Federal action or Federal discretionary 
involvement or control if the land exchange with the O&C Trust meets 
the following criteria:
            (1) The O&C Trust lands to be exchanged have high wildlife 
        value or ecological value or the exchange would facilitate 
        resource management or otherwise contribute to the management 
        efficiency of the lands administered by the Forest Service.
            (2) The exchange is requested or approved by the Board of 
        Trustees for the O&C Trust and will not impair the ability of 
        the Board of Trustees to meet its fiduciary responsibilities.
            (3) The lands to be exchanged by the Forest Service do not 
        contain stands of timber meeting the definition of old growth 
        established by the Old Growth Review Panel pursuant to section 
        324.
            (4) The lands to be exchanged are equal in acreage.
    (d) Acreage Limitation.--The Secretary of Agriculture shall not 
approve land exchanges under this section that, taken together with all 
previous exchanges involving the lands described in subsection (a), 
have the effect of reducing the total acreage of such lands by more 
than five percent from the total acreage originally transferred to the 
Secretary.
    (e) Inapplicability of Certain Laws.--Section 3 of the Oregon 
Public Lands Transfer and Protection Act of 1998 (Public Law 105-321; 
112 Stat. 3022), the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et. seq.), including the amendments made by the Federal 
Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat. 
1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and the Act of 
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) 
shall not apply to the land exchange authority provided by this 
section.

SEC. 324. REVIEW PANEL AND OLD GROWTH PROTECTION.

    (a) Appointment; Members.--Within 60 days after the date of the 
enactment of this Act the Secretary of Agriculture shall appoint an Old 
Growth Review Panel consisting of five members. At a minimum, the 
members must hold a Doctor of Philosophy degree in wildlife biology, 
forestry, ecology, or related field and published peer-reviewed 
academic articles in their field of expertise.
    (b) Purpose of Review.--Members of the Old Growth Review Panel 
shall review existing, published, peer-reviewed articles in relevant 
academic journals and establish a definition or definitions of old 
growth as it applies to the ecologically, geographically and 
climatologically unique Oregon and California Railroad Grant lands and 
O&C Region Public Domain lands managed by the O&C Trust or the Forest 
Service only. The definition or definitions shall bear no legal force, 
shall not be used as a precedent for, and shall not apply to any lands 
other than the Oregon and California Railroad Grant lands and O&C 
Region Public Domain lands managed by the O&C Trust or the Forest 
Service in western Oregon. The definition or definitions shall not 
apply to Tribal lands.
    (c) Submission of Results.--The definition or definitions for old 
growth in western Oregon established under subsection (b), if approved 
by at least four members of the Old Growth Review Panel, shall be 
submitted to the Secretary of Agriculture within six months after the 
date of the enactment of this Act.

SEC. 325. UNIQUENESS OF OLD GROWTH PROTECTION ON OREGON AND CALIFORNIA 
              RAILROAD GRANT LANDS.

    All sections of this subtitle referring to the term ``old growth'' 
are uniquely suited to resolve management issues for the lands covered 
by this subtitle only, and shall not be construed as precedent for any 
other situation involving management of other Federal, State, Tribal, 
or private lands.

                         CHAPTER 3--TRANSITION

SEC. 331. TRANSITION PERIOD AND OPERATIONS.

    (a) Transition Period.--
            (1) Commencement; duration.--Effective on October 1 of the 
        first fiscal year beginning after the appointment of the Board 
        of Trustees under section 313, a transition period of three 
        fiscal years shall commence.
            (2) Exceptions.--Unless specifically stated in the 
        following subsections, any action under this section shall be 
        deemed not to involve Federal agency action or Federal 
        discretionary involvement or control.
    (b) Year One.--
            (1) Applicability.--During the first fiscal year of the 
        transition period, the activities described in this subsection 
        shall occur.
            (2) Board of trustees activities.--The Board of Trustees 
        shall employ sufficient staff or contractors to prepare for 
        beginning management of O&C Trust lands and O&C Region Public 
        Domain lands in the second fiscal year of the transition 
        period, including preparation of management plans and a harvest 
        schedule for the lands over which management authority is 
        transferred to the O&C Trust in the second fiscal year.
            (3) Forest service activities.--The Forest Service shall 
        begin preparing to assume management authority of all Oregon 
        and California Railroad Grant lands and O&C Region Public 
        Domain lands transferred under section 321 in the second fiscal 
        year.
            (4) Secretary concerned activities.--The Secretary 
        concerned shall continue to exercise management authority over 
        all Oregon and California Railroad Grant lands and O&C Region 
        Public Domain lands under all existing Federal laws.
            (5) Information sharing.--Upon written request from the 
        Board of Trustees, the Secretary of the Interior shall provide 
        copies of any documents or data, however stored or maintained, 
        that includes the requested information concerning O&C Trust 
        lands. The copies shall be provided as soon as practicable and 
        to the greatest extent possible, but in no event later than 30 
        days following the date of the request.
            (6) Exception.--This subsection does not apply to Tribal 
        lands transferred under subtitle D.
    (c) Year Two.--
            (1) Applicability.--During the second fiscal year of the 
        transition period, the activities described in this subsection 
        shall occur.
            (2) Transfer of o&c trust lands.--Effective on October 1 of 
        the second fiscal year of the transition period, management 
        authority over the O&C Trust lands shall be transferred to the 
        O&C Trust.
            (3) Transfer of lands to forest service.--The transfers 
        required by section 321 shall occur.
            (4) Information sharing.--The Secretary of Agriculture 
        shall obtain and manage, as soon as practicable, all documents 
        and data relating to the Oregon and California Railroad Grant 
        lands, O&C Region Public Domain lands, and Coos Bay Wagon Road 
        lands previously managed by the Bureau of Land Management. Upon 
        written request from the Board of Trustees, the Secretary of 
        Agriculture shall provide copies of any documents or data, 
        however stored or maintained, that includes the requested 
        information concerning O&C Trust lands. The copies shall be 
        provided as soon as practicable and to the greatest extent 
        possible, but in no event later than 30 days following the date 
        of the request.
            (5) Implementation of management plan.--The Board of 
        Trustees shall begin implementing its management plan for the 
        O&C Trust lands and revise the plan as necessary. Distribution 
        of revenues generated from all activities on the O&C Trust 
        lands shall be subject to section 315.
    (d) Year Three and Subsequent Years.--
            (1) Applicability.--During the third fiscal year of the 
        transition period and all subsequent fiscal years, the 
        activities described in this subsection shall occur.
            (2) Board of trustees management.--The Board of Trustees 
        shall manage the O&C Trust lands pursuant to subtitle A.

SEC. 332. O&C TRUST MANAGEMENT CAPITALIZATION.

    (a) Borrowing Authority.--The Board of Trustees is authorized to 
borrow from any available private sources and non-Federal, public 
sources in order to provide for the costs of organization, 
administration, and management of the O&C Trust during the three-year 
transition period provided in section 331.
    (b) Support.--Notwithstanding any other provision of law, O&C Trust 
counties are authorized to loan to the O&C Trust, and the Board of 
Trustees is authorized to borrow from willing O&C Trust counties, 
amounts held on account by such counties that are required to be 
expended in accordance with the Act of May 23,1908 (35 Stat. 260; 16 
U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963; 
16 U.S.C. 500), except that, upon repayment by the O&C Trust, the 
obligation of such counties to expend the funds in accordance with such 
Acts shall continue to apply.

SEC. 333. EXISTING BUREAU OF LAND MANAGEMENT AND FOREST SERVICE 
              CONTRACTS.

    (a) Treatment of Existing Contracts.--Any work or timber contracts 
sold or awarded by the Bureau of Land Management or Forest Service on 
or with respect to Oregon and California Railroad Grant lands or O&C 
Region Public Domain lands before the transfer of the lands to the O&C 
Trust or the Forest Service, or Tribal lands transferred under subtitle 
D, shall remain binding and effective according to the terms of the 
contracts after the transfer of the lands. The Board of Trustees and 
Secretary concerned shall make such accommodations as are necessary to 
avoid interfering in any way with the performance of the contracts.
    (b) Treatment of Payments Under Contracts.--Payments made pursuant 
to the contracts described in subsection (a), if any, shall be made as 
provided in those contracts and not made to the O&C Trust.

SEC. 334. PROTECTION OF VALID EXISTING RIGHTS AND ACCESS TO NON-FEDERAL 
              LAND.

    (a) Valid Rights.--Nothing in this title, or any amendment made by 
this title, shall be construed as terminating any valid lease, permit, 
patent, right-of-way, agreement, or other right of authorization 
existing on the date of the enactment of this Act with regard to Oregon 
and California Railroad Grant lands or O&C Region Public Domain lands, 
including O&C Trust lands over which management authority is 
transferred to the O&C Trust pursuant to section 311(c)(1), lands 
transferred to the Forest Service under section 321, and Tribal lands 
transferred under subtitle D.
    (b) Access to Lands.--
            (1) Existing access rights.--The Secretary concerned shall 
        preserve all rights of access and use, including (but not 
        limited to) reciprocal right-of-way agreements, tail hold 
        agreements, or other right-of-way or easement obligations 
        existing on the date of the enactment of this Act, and such 
        rights shall remain applicable to lands covered by this 
        subtitle in the same manner and to the same extent as such 
        rights applied before the date of the enactment of this Act.
            (2) New access rights.--If a current or future landowner of 
        land intermingled with Oregon and California Railroad Grant 
        lands or O&C Region Public Domain lands does not have an 
        existing access agreement related to the lands covered by this 
        subtitle, the Secretary concerned shall enter into an access 
        agreement, including appurtenant lands, to secure the landowner 
        the reasonable use and enjoyment of the landowner's land, 
        including the harvest and hauling of timber.
    (c) Management Cooperation.--The Board of Trustees and the 
Secretary concerned shall provide current and future landowners of land 
intermingled with Oregon and California Railroad Grant lands or O&C 
Region Public Domain lands the permission needed to manage their lands, 
including to locate tail holds, tramways, and logging wedges, to 
purchase guylines, and to cost-share property lines surveys to the 
lands covered by this subtitle, within 30 days after receiving 
notification of the landowner's plan of operation.
    (d) Judicial Review.--Notwithstanding section 312(g)(2), a private 
landowner may obtain judicial review of a decision of the Board of 
Trustees to deny--
            (1) the landowner the rights provided by subsection (b) 
        regarding access to the landowner's land; or
            (2) the landowner the reasonable use and enjoyment of the 
        landowner's land.

SEC. 335. REPEAL OF SUPERSEDED LAW RELATING TO OREGON AND CALIFORNIA 
              RAILROAD GRANT LANDS.

    (a) Repeal.--Except as provided in subsection (b), the Act of 
August 28, 1937 (43 U.S.C. 1181a et seq.) is repealed effective on 
October 1 of the first fiscal year beginning after the appointment of 
the Board of Trustees.
    (b) Effect of Certain Court Rulings.--If, as a result of judicial 
review authorized by section 312, any provision of this subtitle is 
held to be invalid and implementation of the provision or any activity 
conducted under the provision is then enjoined, the Act of August 28, 
1937 (43 U.S.C. 1181a et seq.), as in effect immediately before its 
repeal by subsection (a), shall be restored to full legal force and 
effect as if the repeal had not taken effect.

                    Subtitle B--Coos Bay Wagon Roads

SEC. 341. TRANSFER OF MANAGEMENT AUTHORITY OVER CERTAIN COOS BAY WAGON 
              ROAD GRANT LANDS TO COOS COUNTY, OREGON.

    (a) Transfer Required.--Except in the case of the lands described 
in subsection (b), the Secretary of the Interior shall transfer 
management authority over the Coos Bay Wagon Road Grant lands 
reconveyed to the United States pursuant to the first section of the 
Act of February 26, 1919 (40 Stat. 1179), and the surface resources 
thereon, to the Coos County government. The transfer shall be completed 
not later than one year after the date of the enactment of this Act.
    (b) Lands Excluded.--The transfer under subsection (a) shall not 
include any of the following Coos Bay Wagon Road Grant lands:
            (1) Federal lands within the National Landscape 
        Conservation System as of January 1, 2013.
            (2) Federal lands designated as Areas of Critical 
        Environmental Concern as of January 1, 2013.
            (3) Federal lands that were in the National Wilderness 
        Preservation System as of January 1, 2013.
            (4) Federal lands included in the National Wild and Scenic 
        Rivers System of January 1, 2013.
            (5) Federal lands within the boundaries of a national 
        monument, park, or other developed recreation area as of 
        January 1, 2013.
            (6) All stands of timber generally older than 125 years 
        old, as of January 1, 2011, which shall be conclusively 
        determined by reference to the polygon spatial data layer in 
        the electronic data compilation filed by the Bureau of Land 
        Management based on the predominant birth-date attribute, and 
        the boundaries of such stands shall be conclusively determined 
        for all purposes by the global positioning system coordinates 
        for such stands.
            (7) Tribal lands addressed in subtitle D.
    (c) Management.--
            (1) In general.--Coos County shall manage the Coos Bay 
        Wagon Road Grant lands over which management authority is 
        transferred under subsection (a) consistent with section 314, 
        and for purposes of applying such section, ``Board of 
        Trustees'' shall be deemed to mean ``Coos County'' and ``O&C 
        Trust lands'' shall be deemed to mean the transferred lands.
            (2) Responsibility for management costs.--Coos County shall 
        be responsible for all management and administrative costs of 
        the Coos Bay Wagon Road Grant lands over which management 
        authority is transferred under subsection (a).
            (3) Management contracts.--Coos County may contract, if 
        competitively bid, with one or more public, private, or tribal 
        entities, including (but not limited to) the Coquille Indian 
        Tribe, if such entities are substantially based in Coos or 
        Douglas Counties, Oregon, to manage and administer the lands.
    (d) Treatment of Revenues.--
            (1) In general.--All revenues generated from the Coos Bay 
        Wagon Road Grant lands over which management authority is 
        transferred under subsection (a) shall be deposited in the 
        general fund of the Coos County treasury to be used as are 
        other unrestricted county funds.
            (2) Treasury.--As soon as practicable after the end of the 
        third fiscal year of the transition period and in each of the 
        subsequent seven fiscal years, Coos County shall submit a 
        payment of $400,000 to the United States Treasury.
            (3) Douglas county.--Beginning with the first fiscal year 
        for which management of the Coos Bay Wagon Road Grant lands 
        over which management authority is transferred under subsection 
        (a) generates net positive revenues, and for all subsequent 
        fiscal years, Coos County shall transmit a payment to the 
        general fund of the Douglas County treasury from the net 
        revenues generated from the lands. The payment shall be made as 
        soon as practicable following the end of each fiscal year and 
        the amount of the payment shall bear the same proportion to 
        total net revenues for the fiscal year as the proportion of the 
        Coos Bay Wagon Road Grant lands in Douglas County in relation 
        to all Coos Bay Wagon Road Grant lands in Coos and Douglas 
        Counties as of January 1, 2013.

SEC. 342. TRANSFER OF CERTAIN COOS BAY WAGON ROAD GRANT LANDS TO FOREST 
              SERVICE.

    The Secretary of the Interior shall transfer administrative 
jurisdiction over the Coos Bay Wagon Road Grant lands excluded by 
paragraphs (1) through (6) of section 341(b) to the Secretary of 
Agriculture for inclusion in the National Forest System and 
administration by the Forest Service as provided in section 322.

SEC. 343. LAND EXCHANGE AUTHORITY.

    Coos County may recommend land exchanges to the Secretary of 
Agriculture and carry out such land exchanges in the manner provided in 
section 316.

                      Subtitle C--Oregon Treasures

                      CHAPTER 1--WILDERNESS AREAS

SEC. 351. DESIGNATION OF DEVIL'S STAIRCASE WILDERNESS.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon 
administered by the Forest Service and the Bureau of Land Management, 
comprising approximately 30,520 acres, as generally depicted on the map 
titled ``Devil's Staircase Wilderness Proposal'', dated October 26, 
2009, are designated as a wilderness area for inclusion in the National 
Wilderness Preservation System and to be known as the ``Devil's 
Staircase Wilderness''.
    (b) Map and Legal Description.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall file with the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a map and legal 
description of wilderness area designated by subsection (a). The map 
and legal description shall have the same force and effect as if 
included in this subdivision, except that the Secretary may correct 
clerical and typographical errors in the map and description. In the 
case of any discrepancy between the acreage specified in subsection (a) 
and the map, the map shall control. The map and legal description shall 
be on file and available for public inspection in the Office of the 
Chief of the Forest Service.
    (c) Administration.--
            (1) In general.--Subject to valid existing rights, the 
        Devil's Staircase Wilderness Area shall be administered by the 
        Secretaries of Agriculture and the Interior, in accordance with 
        the Wilderness Act and the Oregon Wilderness Act of 1984, 
        except that, with respect to the wilderness area, any reference 
        in the Wilderness Act to the effective date of that Act shall 
        be deemed to be a reference to the date of the enactment of 
        this Act.
            (2) Forest service roads.--As provided in section 4(d)(1) 
        of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of 
        Agriculture shall--
                    (A) decommission any National Forest System road 
                within the wilderness boundaries; and
                    (B) convert Forest Service Road 4100 within the 
                wilderness boundary to a trail for primitive 
                recreational use.
    (d) Incorporation of Acquired Land and Interests.--Any land within 
the boundary of the wilderness area designated by this section that is 
acquired by the United States shall--
            (1) become part of the Devil's Staircase Wilderness Area; 
        and
            (2) be managed in accordance with this section and any 
        other applicable law.
    (e) Fish and Wildlife.--Nothing in this section shall be construed 
as affecting the jurisdiction or responsibilities of the State of 
Oregon with respect to wildlife and fish in the national forests.
    (f) Withdrawal.--Subject to valid rights in existence on the date 
of enactment of this Act, the Federal land designated as wilderness 
area by this section is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (g) Protection of Tribal Rights.--Nothing in this section shall be 
construed to diminish--
            (1) the existing rights of any Indian tribe; or
            (2) tribal rights regarding access to Federal lands for 
        tribal activities, including spiritual, cultural, and 
        traditional food gathering activities.

SEC. 352. EXPANSION OF WILD ROGUE WILDERNESS AREA.

    (a) Expansion.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), certain Federal land managed by the Bureau of Land 
Management, comprising approximately 58,100 acres, as generally 
depicted on the map entitled ``Wild Rogue'', dated September 16, 2010, 
are hereby included in the Wild Rogue Wilderness, a component of the 
National Wilderness Preservation System.
    (b) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary of the Interior shall file 
        a map and a legal description of the wilderness area designated 
        by this section, with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Force of law.--The maps and legal descriptions filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this subtitle, except that the Secretary may 
        correct typographical errors in the maps and legal 
        descriptions.
            (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service.
    (c) Administration.--Subject to valid existing rights, the area 
designated as wilderness by this section shall be administered by the 
Secretary of Agriculture in accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.).
    (d) Withdrawal.--Subject to valid rights in existence on the date 
of enactment of this Act, the Federal land designated as wilderness by 
this section is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.

  CHAPTER 2--WILD AND SCENIC RIVER DESIGNATED AND RELATED PROTECTIONS

SEC. 361. WILD AND SCENIC RIVER DESIGNATIONS, MOLALLA RIVER.

    (a) Designations.--Section 3(a) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)) is amended by adding at the end the following:
            ``(__) Molalla river, oregon.--The following segments in 
        the State of Oregon, to be administered by the Secretary of the 
        Interior as a recreational river:
                    ``(A) The approximately 15.1-mile segment from the 
                southern boundary line of T. 7 S., R. 4 E., sec. 19, 
                downstream to the edge of the Bureau of Land Management 
                boundary in T. 6 S., R. 3 E., sec. 7.
                    ``(B) The approximately 6.2-mile segment from the 
                easternmost Bureau of Land Management boundary line in 
                the NE\1/4\ sec. 4, T. 7 S., R. 4 E., downstream to the 
                confluence with the Molalla River.''.
    (b) Technical Corrections.--Section 3(a)(102) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended--
            (1) in the heading, by striking ``Squaw Creek'' and 
        inserting ``Whychus Creek'';
            (2) in the matter preceding subparagraph (A), by striking 
        ``McAllister Ditch, including the Soap Fork Squaw Creek, the 
        North Fork, the South Fork, the East and West Forks of Park 
        Creek, and Park Creek Fork'' and inserting ``Plainview Ditch, 
        including the Soap Creek, the North and South Forks of Whychus 
        Creek, the East and West Forks of Park Creek, and Park Creek''; 
        and
            (3) in subparagraph (B), by striking ``McAllister Ditch'' 
        and inserting ``Plainview Ditch''.

SEC. 362. WILD AND SCENIC RIVERS ACT TECHNICAL CORRECTIONS RELATED TO 
              CHETCO RIVER.

    Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)(69)) is amended--
            (1) by inserting before the ``The 44.5-mile'' the 
        following:
            ``(A) Designations.--'';
            (2) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively (and by moving the 
        margins 2 ems to the right);
            (3) in clause (i), as redesignated--
                    (A) by striking ``25.5-mile'' and inserting ``27.5-
                mile''; and
                    (B) by striking ``Boulder Creek at the Kalmiopsis 
                Wilderness boundary'' and inserting ``Mislatnah 
                Creek'';
            (4) in clause (ii), as redesignated--
                    (A) by striking ``8'' and inserting ``7.5'';
                    (B) by striking ``Boulder Creek'' and inserting 
                ``Mislatnah Creek''; and
                    (C) by striking ``Steel Bridge'' and inserting 
                ``Eagle Creek'';
            (5) in clause (iii), as redesignated--
                    (A) by striking ``11'' and inserting ``9.5''; and
                    (B) by striking ``Steel Bridge'' and inserting 
                ``Eagle Creek''; and
            (6) by adding at the end the following:
            ``(B) Withdrawal.--Subject to valid rights, the Federal 
        land within the boundaries of the river segments designated by 
        subparagraph (A), is withdrawn from all forms of--
                    ``(i) entry, appropriation, or disposal under the 
                public land laws;
                    ``(ii) location, entry, and patent under the mining 
                laws; and
                    ``(iii) disposition under all laws pertaining to 
                mineral and geothermal leasing or mineral materials.''.

SEC. 363. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN 
              CREEK.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following:
            ``(__) Franklin creek, oregon.--The 4.5-mile segment from 
        the headwaters to the private land boundary in section 8 to be 
        administered by the Secretary of Agriculture as a wild river.
            ``(__) Wasson creek, oregon.--
                    ``(A) The 4.2-mile segment from the eastern edge of 
                section 17 downstream to the boundary of sections 11 
                and 12 to be administered by the Secretary of Interior 
                as a wild river.
                    ``(B) The 5.9-mile segment downstream from the 
                boundary of sections 11 and 12 to the private land 
                boundary in section 22 to be administered by the 
                Secretary of Agriculture as a wild river.''.

SEC. 364. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE RIVER AREA.

    (a) Designations.--Section 3(a)(5) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)(5)) (relating to the Rogue River, Oregon) is 
amended by adding at the end the following: ``In addition to the 
segment described in the previous sentence, the following segments in 
the Rogue River area are designated:
            ``(A) Kelsey creek.--The approximately 4.8 miles of Kelsey 
        Creek from east section line of T32S, R9W, sec. 34, W.M. to the 
        confluence with the Rogue River as a wild river.
            ``(B) East fork kelsey creek.--The approximately 4.6 miles 
        of East Fork Kelsey Creek from the Wild Rogue Wilderness 
        boundary in T33S, R8W, sec. 5, W.M. to the confluence with 
        Kelsey Creek as a wild river.
            ``(C) Whisky creek.--
                    ``(i) The approximately 0.6 miles of Whisky Creek 
                from the confluence of the East Fork and West Fork to 
                0.1 miles downstream from road 33-8-23 as a 
                recreational river.
                    ``(ii) The approximately 1.9 miles of Whisky Creek 
                from 0.1 miles downstream from road 33-8-23 to the 
                confluence with the Rogue River as a wild river.
            ``(D) East fork whisky creek.--
                    ``(i) The approximately 2.8 miles of East Fork 
                Whisky Creek from the Wild Rogue Wilderness boundary in 
                T33S, R8W, sec. 11, W.M. to 0.1 miles downstream of 
                road 33-8-26 crossing as a wild river.
                    ``(ii) The approximately .3 miles of East Fork 
                Whisky Creek from 0.1 miles downstream of road 33-8-26 
                to the confluence with Whisky Creek as a recreational 
                river.
            ``(E) West fork whisky creek.--The approximately 4.8 miles 
        of West Fork Whisky Creek from its headwaters to the confluence 
        with Whisky Creek as a wild river.
            ``(F) Big windy creek.--
                    ``(i) The approximately 1.5 miles of Big Windy 
                Creek from its headwaters to 0.1 miles downstream from 
                road 34-9-17.1 as a scenic river.
                    ``(ii) The approximately 5.8 miles of Big Windy 
                Creek from 0.1 miles downstream from road 34-9-17.1 to 
                the confluence with the Rogue River as a wild river.
            ``(G) East fork big windy creek.--
                    ``(i) The approximately 0.2 miles of East Fork Big 
                Windy Creek from its headwaters to 0.1 miles downstream 
                from road 34-8-36 as a scenic river.
                    ``(ii) The approximately 3.7 miles of East Fork Big 
                Windy Creek from 0.1 miles downstream from road 34-8-36 
                to the confluence with Big Windy Creek as a wild river.
            ``(H) Little windy creek.--The approximately 1.9 miles of 
        Little Windy Creek from 0.1 miles downstream of road 34-8-36 to 
        the confluence with the Rogue River as a wild river.
            ``(I) Howard creek.--
                    ``(i) The approximately 0.3 miles of Howard Creek 
                from its headwaters to 0.1 miles downstream of road 34-
                9-34 as a scenic river.
                    ``(ii) The approximately 6.9 miles of Howard Creek 
                from 0.1 miles downstream of road 34-9-34 to the 
                confluence with the Rogue River as a wild river.
            ``(J) Mule creek.--The approximately 6.3 miles of Mule 
        Creek from east section line of T32S, R10W, sec. 25, W.M. to 
        the confluence with the Rogue River as a wild river.
            ``(K) Anna creek.--The approximately 3.5-mile section of 
        Anna Creek from its headwaters to the confluence with Howard 
        Creek as a wild river.
            ``(L) Missouri creek.--The approximately 1.6 miles of 
        Missouri Creek from the Wild Rogue Wilderness boundary in T33S, 
        R10W, sec. 24, W.M. to the confluence with the Rogue River as a 
        wild river.
            ``(M) Jenny creek.--The approximately 1.8 miles of Jenny 
        Creek from the Wild Rogue Wilderness boundary in T33S, R9W, 
        sec. 28, W.M. to the confluence with the Rogue River as a wild 
        river.
            ``(N) Rum creek.--The approximately 2.2 miles of Rum Creek 
        from the Wild Rogue Wilderness boundary in T34S, R8W, sec. 9, 
        W.M. to the confluence with the Rogue River as a wild river.
            ``(O) East fork rum creek.--The approximately 1.5 miles of 
        East Rum Creek from the Wild Rogue Wilderness boundary in T34S, 
        R8W, sec. 10, W.M. to the confluence with Rum Creek as a wild 
        river.
            ``(P) Wildcat creek.--The approximately 1.7-mile section of 
        Wildcat Creek from its headwaters downstream to the confluence 
        with the Rogue River as a wild river.
            ``(Q) Montgomery creek.--The approximately 1.8-mile section 
        of Montgomery Creek from its headwaters downstream to the 
        confluence with the Rogue River as a wild river.
            ``(R) Hewitt creek.--The approximately 1.2 miles of Hewitt 
        Creek from the Wild Rogue Wilderness boundary in T33S, R9W, 
        sec. 19, W.M. to the confluence with the Rogue River as a wild 
        river.
            ``(S) Bunker creek.--The approximately 6.6 miles of Bunker 
        Creek from its headwaters to the confluence with the Rogue 
        River as a wild river.
            ``(T) Dulog creek.--
                    ``(i) The approximately 0.8 miles of Dulog Creek 
                from its headwaters to 0.1 miles downstream of road 34-
                8-36 as a scenic river.
                    ``(ii) The approximately 1.0 miles of Dulog Creek 
                from 0.1 miles downstream of road 34-8-36 to the 
                confluence with the Rogue River as a wild river.
            ``(U) Quail creek.--The approximately 1.7 miles of Quail 
        Creek from the Wild Rogue Wilderness boundary in T33S, R10W, 
        sec. 1, W.M. to the confluence with the Rogue River as a wild 
        river.
            ``(V) Meadow creek.--The approximately 4.1 miles of Meadow 
        Creek from its headwaters to the confluence with the Rogue 
        River as a wild river.
            ``(W) Russian creek.--The approximately 2.5 miles of 
        Russian Creek from the Wild Rogue Wilderness boundary in T33S, 
        R8W, sec. 20, W.M. to the confluence with the Rogue River as a 
        wild river.
            ``(X) Alder creek.--The approximately 1.2 miles of Alder 
        Creek from its headwaters to the confluence with the Rogue 
        River as a wild river.
            ``(Y) Booze creek.--The approximately 1.5 miles of Booze 
        Creek from its headwaters to the confluence with the Rogue 
        River as a wild river.
            ``(Z) Bronco creek.--The approximately 1.8 miles of Bronco 
        Creek from its headwaters to the confluence with the Rogue 
        River as a wild river.
            ``(AA) Copsey creek.--The approximately 1.5 miles of Copsey 
        Creek from its headwaters to the confluence with the Rogue 
        River as a wild river.
            ``(BB) Corral creek.--The approximately 0.5 miles of Corral 
        Creek from its headwaters to the confluence with the Rogue 
        River as a wild river.
            ``(CC) Cowley creek.--The approximately 0.9 miles of Cowley 
        Creek from its headwaters to the confluence with the Rogue 
        River as a wild river.
            ``(DD) Ditch creek.--The approximately 1.8 miles of Ditch 
        Creek from the Wild Rogue Wilderness boundary in T33S, R9W, 
        sec. 5, W.M. to its confluence with the Rogue River as a wild 
        river.
            ``(EE) Francis creek.--The approximately 0.9 miles of 
        Francis Creek from its headwaters to the confluence with the 
        Rogue River as a wild river.
            ``(FF) Long gulch.--The approximately 1.1 miles of Long 
        Gulch from the Wild Rogue Wilderness boundary in T33S, R10W, 
        sec. 23, W.M. to the confluence with the Rogue River as a wild 
        river.
            ``(GG) Bailey creek.--The approximately 1.7 miles of Bailey 
        Creek from the west section line of T34S, R8W, sec. 14, W.M. to 
        the confluence of the Rogue River as a wild river.
            ``(HH) Shady creek.--The approximately 0.7 miles of Shady 
        Creek from its headwaters to the confluence with the Rogue 
        River as a wild river.
            ``(II) Slide creek.--
                    ``(i) The approximately 0.5-mile section of Slide 
                Creek from its headwaters to 0.1 miles downstream from 
                road 33-9-6 as a scenic river.
                    ``(ii) The approximately 0.7-mile section of Slide 
                Creek from 0.1 miles downstream of road 33-9-6 to the 
                confluence with the Rogue River as a wild river.''.
    (b) Management.--All wild, scenic, and recreation classified 
segments designated by the amendment made by subsection (a) shall be 
managed as part of the Rogue Wild and Scenic River.
    (c) Withdrawal.--Subject to valid rights, the Federal land within 
the boundaries of the river segments designated by the amendment made 
by subsection (a) is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.

SEC. 365. ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES.

    (a) Withdrawal.--Subject to valid rights, the Federal land within a 
quarter-mile on each side of the streams listed in subsection (b) is 
withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (b) Stream Segments.--Subsection (a) applies the following 
tributaries of the Rogue River:
            (1) Kelsey creek.--The approximately 4.5 miles of Kelsey 
        Creek from its headwaters to the east section line of 32S 9W 
        sec. 34.
            (2) East fork kelsey creek.--The approximately .2 miles of 
        East Fork Kelsey Creek from its headwaters to the Wild Rogue 
        Wilderness boundary in 33S 8W sec. 5.
            (3) East fork whisky creek.--The approximately .7 miles of 
        East Fork Whisky Creek from its headwaters to the Wild Rogue 
        Wilderness boundary in 33S 8W section 11.
            (4) Little windy creek.--The approximately 1.2 miles of 
        Little Windy Creek from its headwaters to west section line of 
        33S 9W sec. 34.
            (5) Mule creek.--The approximately 5.1 miles of Mule Creek 
        from its headwaters to east section line of 32S 10W sec. 25.
            (6) Missouri creek.--The approximately 3.1 miles of 
        Missouri Creek from its headwaters to the Wild Rogue Wilderness 
        boundary in 33S 10W sec. 24.
            (7) Jenny creek.--The approximately 3.1 miles of Jenny 
        Creek from its headwaters to the Wild Rogue Wilderness boundary 
        in 33S 9W sec. 28.
            (8) Rum creek.--The approximately 2.2 miles of Rum Creek 
        from its headwaters to the Wild Rogue Wilderness boundary in 
        34S 8W sec. 9.
            (9) East fork rum creek.--The approximately .5 miles of 
        East Fork Rum Creek from its headwaters to the Wild Rogue 
        Wilderness boundary in 34S 8W sec. 10.
            (10) Hewitt creek.--The approximately 1.4 miles of Hewitt 
        Creek from its headwaters to the Wild Rogue Wilderness boundary 
        in 33S 9W sec. 19.
            (11) Quail creek.--The approximately .8 miles of Quail 
        Creek from its headwaters to the Wild Rogue Wilderness boundary 
        in 33S 10W sec. 1.
            (12) Russian creek.--The approximately .1 miles of Russian 
        Creek from its headwaters to the Wild Rogue Wilderness boundary 
        in 33S 8W sec. 20.
            (13) Ditch creek.--The approximately .7 miles of Ditch 
        Creek from its headwaters to the Wild Rogue Wilderness boundary 
        in 33S 9W sec. 5.
            (14) Long gulch.--The approximately 1.4 miles of Long Gulch 
        from its headwaters to the Wild Rogue Wilderness boundary in 
        33S 10W sec. 23.
            (15) Bailey creek.--The approximately 1.4 miles of Bailey 
        Creek from its headwaters to west section line of 34S 8W sec. 
        14.
            (16) Quartz creek.--The approximately 3.3 miles of Quartz 
        Creek from its headwaters to its confluence with the North Fork 
        Galice Creek.
            (17) North fork galice creek.--The approximately 5.7 miles 
        of the North Fork Galice Creek from its headwaters to its 
        confluence with Galice Creek.
            (18) Grave creek.--The approximately 10.2 mile section of 
        Grave Creek from the confluence of Wolf Creek downstream to the 
        confluence with the Rogue River.
            (19) Centennial gulch.--The approximately 2.2 miles of 
        Centennial Gulch from its headwaters to its confluence with the 
        Rogue River.

                   CHAPTER 3--ADDITIONAL PROTECTIONS

SEC. 371. LIMITATIONS ON LAND ACQUISITION.

    (a) Prohibition on Use of Condemnation.--The Secretary of the 
Interior or the Secretary of Agriculture may not acquire by 
condemnation any land or interest within the boundaries of the river 
segments or wilderness designated by this subtitle.
    (b) Landowner Consent Required.--Private or non-Federal public 
property shall not be included within the boundaries of the river 
segments or wilderness designated by this subtitle unless the owner of 
the property has consented in writing to having that property included 
in such boundaries.

SEC. 372. OVERFLIGHTS.

    (a) In General.--Nothing in this subtitle or the Wilderness Act 
shall preclude low-level overflights and operations of military 
aircraft, helicopters, missiles, or unmanned aerial vehicles over the 
wilderness designated by this subtitle, including military overflights 
and operations that can be seen or heard within the wilderness.
    (b) Special Use Airspace and Training Routes.--Nothing in this 
subtitle or the Wilderness Act shall preclude the designation of new 
units of special use airspace, the expansion of existing units of 
special use airspace, or the use or establishment of military training 
routes over wilderness designated by this subtitle.

SEC. 373. BUFFER ZONES.

    Nothing in this subtitle--
            (1) establishes or authorizes the establishment of a 
        protective perimeter or buffer zone around the boundaries of 
        the river segments or wilderness designated by this subtitle; 
        or
            (2) precludes, limits, or restricts an activity from being 
        conducted outside such boundaries, including an activity that 
        can be seen or heard from within such boundaries.

SEC. 374. PREVENTION OF WILDFIRES.

    The designation of a river segment or wilderness by this subtitle 
or the withdrawal of the Federal land under this subtitle shall not be 
construed to interfere with the authority of the Secretary of the 
Interior or the Secretary of Agriculture to authorize mechanical 
thinning of trees or underbrush to prevent or control the spread of 
wildfires, or conditions creating the risk of wildfire that threatens 
areas outside the boundary of the wilderness, or the use of mechanized 
equipment for wildfire pre-suppression and suppression.

SEC. 375. LIMITATION ON DESIGNATION OF CERTAIN LANDS IN OREGON.

    A national monument designation under the Act of June 8, 1906 
(commonly known as the Antiquities Act; 16 U.S.C. 431 et seq.) within 
or on any portion of the Oregon and California Railroad Grant Lands or 
the O&C Region Public Domain lands, regardless of whether management 
authority over the lands are transferred to the O&C Trust pursuant to 
section 311(c)(1), the lands are excluded from the O&C Trust pursuant 
to section 311(c)(2), or the lands are transferred to the Forest 
Service under section 321, shall only be made pursuant to Congressional 
approval in an Act of Congress.

                       CHAPTER 4--EFFECTIVE DATE

SEC. 381. EFFECTIVE DATE.

    (a) In General.--This subtitle and the amendments made by this 
subtitle shall take effect on October 1 of the second fiscal year of 
the transition period.
    (b) Exception.--If, as a result of judicial review authorized by 
section 312, any provision of subtitle A is held to be invalid and 
implementation of the provision or any activity conducted under the 
provision is enjoined, this subtitle and the amendments made by this 
subtitle shall not take effect, or if the effective date specified in 
subsection (a) has already occurred, this subtitle shall have no force 
and effect and the amendments made by this subtitle are repealed.

                     Subtitle D--Tribal Trust Lands

                 PART 1--COUNCIL CREEK LAND CONVEYANCE

SEC. 391. DEFINITIONS.

    In this part:
            (1) Council creek land.--The term ``Council Creek land'' 
        means the approximately 17,519 acres of land, as generally 
        depicted on the map entitled ``Canyon Mountain Land 
        Conveyance'' and dated June 27, 2013.
            (2) Tribe.--The term ``Tribe'' means the Cow Creek Band of 
        Umpqua Tribe of Indians.

SEC. 392. CONVEYANCE.

    (a) In General.--Subject to valid existing rights, including 
rights-of-way, all right, title, and interest of the United States in 
and to the Council Creek land, including any improvements located on 
the land, appurtenances to the land, and minerals on or in the land, 
including oil and gas, shall be--
            (1) held in trust by the United States for the benefit of 
        the Tribe; and
            (2) part of the reservation of the Tribe.
    (b) Survey.--Not later than one year after the date of enactment of 
this Act, the Secretary of the Interior shall complete a survey of the 
boundary lines to establish the boundaries of the land taken into trust 
under subsection (a).

SEC. 393. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary of the Interior shall file a map and legal 
description of the Council Creek land with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The map and legal description filed under 
subsection (a) shall have the same force and effect as if included in 
this subdivision, except that the Secretary of the Interior may correct 
any clerical or typographical errors in the map or legal description.
    (c) Public Availability.--The map and legal description filed under 
subsection (a) shall be on file and available for public inspection in 
the Office of the Secretary of the Interior.

SEC. 394. ADMINISTRATION.

    (a) In General.--Unless expressly provided in this part, nothing in 
this part affects any right or claim of the Tribe existing on the date 
of enactment of this Act to any land or interest in land.
    (b) Prohibitions.--
            (1) Exports of unprocessed logs.--Federal law (including 
        regulations) relating to the export of unprocessed logs 
        harvested from Federal land shall apply to any unprocessed logs 
        that are harvested from the Council Creek land.
            (2) Non-permissible use of land.--Any real property taken 
        into trust under section 392 shall not be eligible, or used, 
        for any gaming activity carried out under Public Law 100-497 
        (25 U.S.C. 2701 et seq.).
    (c) Forest Management.--Any forest management activity that is 
carried out on the Council Creek land shall be managed in accordance 
with all applicable Federal laws.

                 PART 2--OREGON COASTAL LAND CONVEYANCE

SEC. 395. DEFINITIONS.

    In this part:
            (1) Oregon coastal land.--The term ``Oregon Coastal land'' 
        means the approximately 14,804 acres of land, as generally 
        depicted on the map entitled ``Oregon Coastal Land Conveyance'' 
        and dated March 5, 2013.
            (2) Confederated tribes.--The term ``Confederated Tribes'' 
        means the Confederated Tribes of Coos, Lower Umpqua, and 
        Siuslaw Indians.

SEC. 396. CONVEYANCE.

    (a) In General.--Subject to valid existing rights, including 
rights-of-way, all right, title, and interest of the United States in 
and to the Oregon Coastal land, including any improvements located on 
the land, appurtenances to the land, and minerals on or in the land, 
including oil and gas, shall be--
            (1) held in trust by the United States for the benefit of 
        the Confederated Tribes; and
            (2) part of the reservation of the Confederated Tribes.
    (b) Survey.--Not later than one year after the date of enactment of 
this Act, the Secretary of the Interior shall complete a survey of the 
boundary lines to establish the boundaries of the land taken into trust 
under subsection (a).

SEC. 397. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary of the Interior shall file a map and legal 
description of the Oregon Coastal land with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The map and legal description filed under 
subsection (a) shall have the same force and effect as if included in 
this subdivision, except that the Secretary of the Interior may correct 
any clerical or typographical errors in the map or legal description.
    (c) Public Availability.--The map and legal description filed under 
subsection (a) shall be on file and available for public inspection in 
the Office of the Secretary of the Interior.

SEC. 398. ADMINISTRATION.

    (a) In General.--Unless expressly provided in this part, nothing in 
this part affects any right or claim of the Consolidated Tribes 
existing on the date of enactment of this Act to any land or interest 
in land.
    (b) Prohibitions.--
            (1) Exports of unprocessed logs.--Federal law (including 
        regulations) relating to the export of unprocessed logs 
        harvested from Federal land shall apply to any unprocessed logs 
        that are harvested from the Oregon Coastal land.
            (2) Non-permissible use of land.--Any real property taken 
        into trust under section 396 shall not be eligible, or used, 
        for any gaming activity carried out under Public Law 100-497 
        (25 U.S.C. 2701 et seq.).
    (c) Forest Management.--Any forest management activity that is 
carried out on the Oregon Coastal land shall be managed in accordance 
with all applicable Federal laws.

          TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION

SEC. 401. PURPOSE AND DEFINITIONS.

    (a) Purpose.--The purpose of this title is to generate dependable 
economic activity for counties and local governments by establishing a 
demonstration program for local, sustainable forest management.
    (b) Definitions.--In this title:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee appointed by the Governor of a 
        State for the community forest demonstration area established 
        for the State.
            (2) Community forest demonstration area.--The term 
        ``community forest demonstration area'' means a community 
        forest demonstration area established for a State under section 
        402.
            (3) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)), except that the term does not include 
        the National Grasslands and land utilization projects 
        designated as National Grasslands administered pursuant to the 
        Act of July 22, 1937 (7 U.S.C. 1010-1012).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture or the designee of the Secretary of Agriculture.
            (5) State.--The term ``State'' includes the Commonwealth of 
        Puerto Rico.

SEC. 402. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.

    (a) Establishment Required; Time for Establishment.--Subject to 
subsection (c) and not later than one year after the date of the 
enactment of this Act, the Secretary of Agriculture shall establish a 
community forest demonstration area at the request of the Advisory 
Committee appointed to manage community forest demonstration area land 
in that State.
    (b) Covered Land.--
            (1) Inclusion of national forest system land.--The 
        community forest demonstration areas of a State shall consist 
        of the National Forest System land in the State identified for 
        inclusion by the Advisory Committee of that State.
            (2) Exclusion of certain land.--A community forest 
        demonstration area shall not include National Forest System 
        land--
                    (A) that is a component of the National Wilderness 
                Preservation System;
                    (B) on which the removal of vegetation is 
                specifically prohibited by Federal statute;
                    (C) National Monuments; or
                    (D) over which administration jurisdiction was 
                first assumed by the Forest Service under title III.
    (c) Conditions on Establishment.--
            (1) Acreage requirement.--A community forest demonstration 
        area must include at least 200,000 acres of National Forest 
        System land. If the unit of the National Forest System in which 
        a community forest demonstration area is being established 
        contains more than 5,000,000 acres, the community forest 
        demonstration area may include 900,000 or more acres of 
        National Forest System land.
            (2) Management law or best management practices 
        requirement.--A community forest demonstration area may be 
        established in a State only if the State--
                    (A) has a forest practices law applicable to State 
                or privately owned forest land in the State; or
                    (B) has established silvicultural best management 
                practices or other regulations for forest management 
                practices related to clean water, soil quality, 
                wildlife or forest health.
            (3) Revenue sharing requirement.--As a condition of the 
        inclusion in a community forest demonstration area of National 
        Forest System land located in a particular county in a State, 
        the county must enter into an agreement with the Governor of 
        the State that requires that, in utilizing revenues received by 
        the county under section 406(b), the county shall continue to 
        meet any obligations under applicable State law as provided 
        under title I of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7111 et seq.) or as 
        provided in the sixth paragraph under the heading ``FOREST 
        SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 500) and 
        section 13 of the Act of March 1, 1911 (16 U.S.C. 500).
    (d) Treatment Under Certain Other Laws.--National Forest System 
land included in a community forest demonstration area shall not be 
considered Federal land for purposes of--
            (1) making payments to counties under the sixth paragraph 
        under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 
        (16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (16 
        U.S.C. 500); or
            (2) title I.
    (e) Acreage Limitation.--Not more than a total of 4,000,000 acres 
of National Forest System land may be established as community forest 
demonstration areas.
    (f) Recognition of Valid and Existing Rights.--Nothing in this 
title shall be construed to limit or restrict--
            (1) access to National Forest System land included in a 
        community forest demonstration area for hunting, fishing, and 
        other related purposes; or
            (2) valid and existing rights regarding such National 
        Forest System land, including rights of any federally 
        recognized Indian tribe.

SEC. 403. ADVISORY COMMITTEE.

    (a) Appointment.--A community forest demonstration area for a State 
shall be managed by an Advisory Committee appointed by the Governor of 
the State.
    (b) Composition.--The Advisory Committee for a community forest 
demonstration area in a State shall include, but is not limited to, the 
following members:
            (1) One member who holds county or local elected office, 
        appointed from each county or local governmental unit in the 
        State containing community forest demonstration area land.
            (2) One member who represents the commercial timber, wood 
        products, or milling industry.
            (3) One member who represents persons holding Federal 
        grazing or other land use permits.
            (4) One member who represents recreational users of 
        National Forest System land.
    (c) Terms.--
            (1) In general.--Except in the case of certain initial 
        appointments required by paragraph (2), members of an Advisory 
        Committee shall serve for a term of three years.
            (2) Initial appointments.--In making initial appointments 
        to an Advisory Committee, the Governor making the appointments 
        shall stagger terms so that at least one-third of the members 
        will be replaced every three years.
    (d) Compensation.--Members of a Advisory Committee shall serve 
without pay, but may be reimbursed from the funds made available for 
the management of a community forest demonstration area for the actual 
and necessary travel and subsistence expenses incurred by members in 
the performance of their duties.

SEC. 404. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.

    (a) Assumption of Management.--
            (1) Confirmation.--The Advisory Committee appointed for a 
        community forest demonstration area shall assume all management 
        authority with regard to the community forest demonstration 
        area as soon as the Secretary confirms that--
                    (A) the National Forest System land to be included 
                in the community forest demonstration area meets the 
                requirements of subsections (b) and (c) of section 402;
                    (B) the Advisory Committee has been duly appointed 
                under section 403 and is able to conduct business; and
                    (C) provision has been made for essential 
                management services for the community forest 
                demonstration area.
            (2) Scope and time for confirmation.--The determination of 
        the Secretary under paragraph (1) is limited to confirming 
        whether the conditions specified in subparagraphs (A) and (B) 
        of such paragraph have been satisfied. The Secretary shall make 
        the determination not later than 60 days after the date of the 
        appointment of the Advisory Committee.
            (3) Effect of failure to confirm.--If the Secretary 
        determines that either or both conditions specified in 
        subparagraphs (A) and (B) of paragraph (1) are not satisfied 
        for confirmation of an Advisory Committee, the Secretary 
        shall--
                    (A) promptly notify the Governor of the affected 
                State and the Advisory Committee of the reasons 
                preventing confirmation; and
                    (B) make a new determination under paragraph (2) 
                within 60 days after receiving a new request from the 
                Advisory Committee that addresses the reasons that 
                previously prevented confirmation.
    (b) Management Responsibilities.--Upon assumption of management of 
a community forest demonstration area, the Advisory Committee for the 
community forest demonstration area shall manage the land and resources 
of the community forest demonstration area and the occupancy and use 
thereof in conformity with this title, and to the extent not in 
conflict with this title, the laws and regulations applicable to 
management of State or privately-owned forest lands in the State in 
which the community forest demonstration area is located.
    (c) Applicability of Other Federal Laws.--
            (1) In general.--The administration and management of a 
        community forest demonstration area, including implementing 
        actions, shall not be considered Federal action and shall be 
        subject to the following only to the extent that such laws 
        apply to the State or private administration and management of 
        forest lands in the State in which the community forest 
        demonstration area is located:
                    (A) The Federal Water Pollution Control Act (33 
                U.S.C. 1251 note).
                    (B) The Clean Air Act (42 U.S.C. 7401 et seq.).
                    (C) The Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).
                    (D) Federal laws and regulations governing 
                procurement by Federal agencies.
                    (E) Except as provided in paragraph (2), other 
                Federal laws.
            (2) Applicability of native american graves protection and 
        repatriation act.--Notwithstanding the assumption by an 
        Advisory Committee of management of a community forest 
        demonstration area, the Native American Graves Protection and 
        Repatriation Act (25 U.S.C. 3001 et seq.) shall continue to 
        apply to the National Forest System land included in the 
        community forest demonstration area.
    (d) Consultation.--
            (1) With indian tribes.--The Advisory Committee for a 
        community forest demonstration area shall cooperate and consult 
        with Indian tribes on management policies and practices for the 
        community forest demonstration area that may affect the Indian 
        tribes. The Advisory Committee shall take into consideration 
        the use of lands within the community forest demonstration area 
        for religious and cultural uses by Native Americans.
            (2) With collaborative groups.--The Advisory Committee for 
        a community forest demonstration area shall consult with any 
        applicable forest collaborative group.
    (e) Recreation.--Nothing in this section shall affect public use 
and recreation within a community forest demonstration area.
    (f) Fire Management.--The Secretary shall provide fire 
presuppression, suppression, and rehabilitation services on and with 
respect to a community forest demonstration area to the same extent 
generally authorized in other units of the National Forest System.
    (g) Prohibition on Export.--As a condition on the sale of timber or 
other forest products from a community forest demonstration area, 
unprocessed timber harvested from a community forest demonstration area 
may not be exported in accordance with subpart F of part 223 of title 
36, Code of Federal Regulations.

SEC. 405. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST DEMONSTRATION 
              AREA.

    (a) Retention of Funds for Management.--The Advisory Committee 
appointed for a community forest demonstration area may retain such 
sums as the Advisory Committee considers to be necessary from amounts 
generated from that community forest demonstration area to fund the 
management, administration, restoration, operation and maintenance, 
improvement, repair, and related expenses incurred with respect to the 
community forest demonstration area.
    (b) Funds to Counties or Local Governmental Units.--Subject to 
subsection (a) and section 407, the Advisory Committee for a community 
forest demonstration area in a State shall distribute funds generated 
from that community forest demonstration area to each county or local 
governmental unit in the State in an amount proportional to the funds 
received by the county or local governmental unit under title I of the 
Secure Rural Schools and Community Self-Determination Act of 2000 (16 
U.S.C. 7111 et seq.).

SEC. 406. INITIAL FUNDING AUTHORITY.

    (a) Funding Source.--Counties may use such sum as the counties 
consider to be necessary from the amounts made available to the 
counties under section 501 to provide initial funding for the 
management of community forest demonstration areas.
    (b) No Restriction on Use of Non-Federal Funds.--Nothing in this 
title restricts the Advisory Committee of a community forest 
demonstration area from seeking non-Federal loans or other non-Federal 
funds for management of the community forest demonstration area.

SEC. 407. PAYMENTS TO UNITED STATES TREASURY.

    (a) Payment Requirement.--As soon as practicable after the end of 
the fiscal year in which a community forest demonstration area is 
established and as soon as practicable after the end of each subsequent 
fiscal year, the Advisory Committee for a community forest 
demonstration area shall make a payment to the United States Treasury.
    (b) Payment Amount.--The payment for a fiscal year under subsection 
(a) with respect to a community forest demonstration area shall be 
equal to 75 percent of the quotient obtained by dividing--
            (1) the number obtained by multiplying the number of acres 
        of land in the community forest demonstration area by the 
        average annual receipts generated over the preceding 10-fiscal 
        year period from the unit or units of the National Forest 
        System containing that community forest demonstration area; by
            (2) the total acres of National Forest System land in that 
        unit or units of the National Forest System.

SEC. 408. TERMINATION OF COMMUNITY FOREST DEMONSTRATION AREA.

    (a) Termination Authority.--Subject to approval by the Governor of 
the State, the Advisory Committee for a community forest demonstration 
area may terminate the community forest demonstration area by a 
unanimous vote.
    (b) Effect of Termination.--Upon termination of a community forest 
demonstration area, the Secretary shall immediately resume management 
of the National Forest System land that had been included in the 
community forest demonstration area, and the Advisory Committee shall 
be dissolved.
    (c) Treatment of Undistributed Funds.--Any revenues from the 
terminated area that remain undistributed under section 405 more than 
30 days after the date of termination shall be deposited in the general 
fund of the Treasury for use by the Forest Service in such amounts as 
may be provided in advance in appropriation Acts.

  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.

    (a) Beneficiary Counties.--During the month of February 2015, the 
Secretary of Agriculture shall distribute to each beneficiary county 
(as defined in section 102(2)) a payment equal to the amount 
distributed to the beneficiary county for fiscal year 2010 under 
section 102(c)(1) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(c)(1)).
    (b) Counties That Were Eligible for Direct County Payments.--
            (1) Total amount available for payments.--During the month 
        of February 2015, the Secretary of the Interior shall 
        distribute to all counties that received a payment for fiscal 
        year 2010 under subsection (a)(2) of section 102 of the Secure 
        Rural Schools and Community Self-Determination Act of 2000 (16 
        U.S.C. 7112) payments in a total amount equal to the difference 
        between--
                    (A) the total amount distributed to all such 
                counties for fiscal year 2010 under subsection (c)(1) 
                of such section; and
                    (B) $27,000,000.
            (2) County share.--From the total amount determined under 
        paragraph (1), each county described in such paragraph shall 
        receive, during the month of February 2015, an amount that 
        bears the same proportion to the total amount made available 
        under such paragraph as that county's payment for fiscal year 
        2010 under subsection (c)(1) of section 102 of the Secure Rural 
        Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
        7112) bears to the total amount distributed to all such 
        counties for fiscal year 2010 under such subsection.
    (c) Effect on 25-percent and 50-percent Payments.--A county that 
receives a payment made under subsection (a) or (b) may not receive a 
25-percent payment or 50-percent payment (as those terms are defined in 
section 3 of the Secure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7102)) for fiscal year 2015.

SEC. 502. RESTORING ORIGINAL CALCULATION METHOD FOR 25-PERCENT 
              PAYMENTS.

    (a) Amendment of Act of May 23, 1908.--The sixth paragraph under 
the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 
500) is amended in the first sentence--
            (1) by striking ``the annual average of 25 percent of all 
        amounts received for the applicable fiscal year and each of the 
        preceding 6 fiscal years'' and inserting ``25 percent of all 
        amounts received for the applicable fiscal year'';
            (2) by striking ``said reserve'' both places it appears and 
        inserting ``the national forest''; and
            (3) by striking ``forest reserve'' both places it appears 
        and inserting ``national forest''.
    (b) Conforming Amendment to Weeks Law.--Section 13 of the Act of 
March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500) is 
amended in the first sentence by striking ``the annual average of 25 
percent of all amounts received for the applicable fiscal year and each 
of the preceding 6 fiscal years'' and inserting ``25 percent of all 
amounts received for the applicable fiscal year''.

SEC. 503. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR 
              COOPERATION WITH STATES TO REDUCE WILDFIRE RISKS.

    (a) Definitions.--In this section:
            (1) Eligible state.--The term ``eligible State'' means a 
        State that contains National Forest System land or land under 
        the jurisdiction of the Bureau of Land Management.
            (2) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; or
                    (B) the Secretary of the Interior, with respect to 
                land under the jurisdiction of the Bureau of Land 
                Management.
            (3) State forester.--The term ``State forester'' means the 
        head of a State agency with jurisdiction over State forestry 
        programs in an eligible State.
    (b) Cooperative Agreements and Contracts Authorized.--The Secretary 
may enter into a cooperative agreement or contract (including a sole 
source contract) with a State forester to authorize the State forester 
to provide the forest, rangeland, and watershed restoration, 
management, and protection services described in subsection (c) on 
National Forest System land or land under the jurisdiction of the 
Bureau of Land Management, as applicable, in the eligible State.
    (c) Authorized Services.--The forest, rangeland, and watershed 
restoration, management, and protection services referred to in 
subsection (b) include the conduct of--
            (1) activities to treat insect infected forests;
            (2) activities to reduce hazardous fuels;
            (3) activities involving commercial harvesting or other 
        mechanical vegetative treatments; or
            (4) any other activities to restore or improve forest, 
        rangeland, and watershed health, including fish and wildlife 
        habitat.
    (d) State as Agent.--Except as provided in subsection (g), a 
cooperative agreement or contract entered into under subsection (b) may 
authorize the State forester to serve as the agent for the Secretary in 
providing the restoration, management, and protection services 
authorized under subsection (b).
    (e) Subcontracts.--In accordance with applicable contract 
procedures for the eligible State, a State forester may enter into 
subcontracts to provide the restoration, management, and protection 
services authorized under a cooperative agreement or contract entered 
into under subsection (b).
    (f) Timber Sales.--Subsections (d) and (g) of section 14 of the 
National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply 
to services performed under a cooperative agreement or contract entered 
into under subsection (b).
    (g) Retention of NEPA Responsibilities.--Any decision required to 
be made under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to any restoration, management, or 
protection services to be provided under this section by a State 
forester on National Forest System land or Bureau of Land Management 
land, as applicable, shall not be delegated to a State forester or any 
other officer or employee of the eligible State.
    (h) Applicable Law.--The restoration, management, and protection 
services to be provided under this section shall be carried out on a 
project-to-project basis under existing authorities of the Forest 
Service or Bureau of Land Management, as applicable.

SEC. 504. TREATMENT AS SUPPLEMENTAL FUNDING.

    None of the funds made available to a beneficiary county (as 
defined in section 102(2)) or other political subdivision of a State 
under this subdivision shall be used in lieu of or to otherwise offset 
State funding sources for local schools, facilities, or educational 
purposes.

SEC. 505. DEFINITION OF FIRE SUPPRESSION TO INCLUDE CERTAIN RELATED 
              ACTIVITIES.

    For purposes of utilizing amounts made available to the Secretary 
of Agriculture or the Secretary of the Interior for fire suppression 
activities, including funds made available from the FLAME Fund, the 
term ``fire suppression'' includes reforestation, site rehabilitation, 
salvage operations, and replanting occurring following fire damage on 
lands under the jurisdiction of the Secretary concerned or following 
fire suppression efforts on such lands by the Secretary concerned.

SEC. 506. PROHIBITION ON CERTAIN ACTIONS REGARDING FOREST SERVICE ROADS 
              AND TRAILS.

    The Forest Service shall not remove or otherwise eliminate or 
obliterate any legally created road or trail unless there has been a 
specific decision, which included adequate and appropriate public 
involvement, to decommission the specific road or trail in question. 
The fact that any road or trail is a not a Forest System road or trail, 
or does not appear on a Motor Vehicle Use Map, shall not constitute a 
decision.

   SUBDIVISION B--NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION

SEC. 100. SHORT TITLE.

    This subdivision may be cited as the ``National Strategic and 
Critical Minerals Production Act of 2014''.

SEC. 100A. FINDINGS.

    Congress finds the following:
            (1) The industrialization of China and India has driven 
        demand for nonfuel mineral commodities, sparking a period of 
        resource nationalism exemplified by China's reduction in 
        exports of rare-earth elements necessary for 
        telecommunications, military technologies, healthcare 
        technologies, and conventional and renewable energy 
        technologies.
            (2) The availability of minerals and mineral materials are 
        essential for economic growth, national security, technological 
        innovation, and the manufacturing and agricultural supply 
        chain.
            (3) The exploration, production, processing, use, and 
        recycling of minerals contribute significantly to the economic 
        well-being, security and general welfare of the Nation.
            (4) The United States has vast mineral resources, but is 
        becoming increasingly dependent upon foreign sources of these 
        mineral materials, as demonstrated by the following:
                    (A) Twenty-five years ago the United States was 
                dependent on foreign sources for 30 nonfuel mineral 
                materials, 6 of which the United States imported 100 
                percent of the Nation's requirements, and for another 
                16 commodities the United States imported more than 60 
                percent of the Nation's needs.
                    (B) By 2011 the United States import dependence for 
                nonfuel mineral materials had more than doubled from 30 
                to 67 commodities, 19 of which the United States 
                imported 100 percent of the Nation's requirements, and 
                for another 24 commodities, imported more than 50 
                percent of the Nation's needs.
                    (C) The United States share of worldwide mineral 
                exploration dollars was 8 percent in 2011, down from 19 
                percent in the early 1990s.
                    (D) In the 2012 Ranking of Countries for Mining 
                Investment, out of 25 major mining countries, the 
                United States ranked last with Papua New Guinea in 
                permitting delays, and towards the bottom regarding 
                government take and social issues affecting mining.

SEC. 100B. DEFINITIONS.

    In this subdivision:
            (1) Strategic and critical minerals.--The term ``strategic 
        and critical minerals'' means minerals that are necessary--
                    (A) for national defense and national security 
                requirements;
                    (B) for the Nation's energy infrastructure, 
                including pipelines, refining capacity, electrical 
                power generation and transmission, and renewable energy 
                production;
                    (C) to support domestic manufacturing, agriculture, 
                housing, telecommunications, healthcare, and 
                transportation infrastructure; or
                    (D) for the Nation's economic security and balance 
                of trade.
            (2) Agency.--The term ``agency'' means any agency, 
        department, or other unit of Federal, State, local, or tribal 
        government, or Alaska Native Corporation.
            (3) Mineral exploration or mine permit.--The term ``mineral 
        exploration or mine permit'' includes plans of operation issued 
        by the Bureau of Land Management and the Forest Service 
        pursuant to 43 CFR 3809 and 36 CFR 228A or the authorities 
        listed in 43 CFR 3503.13, respectively.

  TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL 
                                MINERALS

SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.

    Domestic mines that will provide strategic and critical minerals 
shall be considered an ``infrastructure project'' as described in 
Presidential Order ``Improving Performance of Federal Permitting and 
Review of Infrastructure Projects'' dated March 22, 2012.

SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY.

    (a) In General.--The lead agency with responsibility for issuing a 
mineral exploration or mine permit shall appoint a project lead who 
shall coordinate and consult with cooperating agencies and any other 
agency involved in the permitting process, project proponents and 
contractors to ensure that agencies minimize delays, set and adhere to 
timelines and schedules for completion of the permitting process, set 
clear permitting goals and track progress against those goals.
    (b) Determination Under NEPA.--To the extent that the National 
Environmental Policy Act of 1969 applies to any mineral exploration or 
mine permit, the lead agency with responsibility for issuing a mineral 
exploration or mine permit shall determine that the action to approve 
the exploration or mine permit does not constitute a major Federal 
action significantly affecting the quality of the human environment 
within the meaning of the National Environmental Policy Act of 1969 if 
the procedural and substantive safeguards of the permitting process 
alone, any applicable State permitting process alone, or a combination 
of the two processes together provide an adequate mechanism to ensure 
that environmental factors are taken into account.
    (c) Coordination on Permitting Process.--The lead agency with 
responsibility for issuing a mineral exploration or mine permit shall 
enhance government coordination for the permitting process by avoiding 
duplicative reviews, minimizing paperwork and engaging other agencies 
and stakeholders early in the process. The lead agency shall consider 
the following best practices:
            (1) Deferring to and relying upon baseline data, analyses 
        and reviews performed by State agencies with jurisdiction over 
        the proposed project.
            (2) Conducting any consultations or reviews concurrently 
        rather than sequentially to the extent practicable and when 
        such concurrent review will expedite rather than delay a 
        decision.
    (d) Schedule for Permitting Process.--At the request of a project 
proponent, the lead agency, cooperating agencies and any other agencies 
involved with the mineral exploration or mine permitting process shall 
enter into an agreement with the project proponent that sets time 
limits for each part of the permitting process including the following:
            (1) The decision on whether to prepare a document required 
        under the National Environmental Policy Act of 1969.
            (2) A determination of the scope of any document required 
        under the National Environmental Policy Act of 1969.
            (3) The scope of and schedule for the baseline studies 
        required to prepare a document required under the National 
        Environmental Policy Act of 1969.
            (4) Preparation of any draft document required under the 
        National Environmental Policy Act of 1969.
            (5) Preparation of a final document required under the 
        National Environmental Policy Act of 1969.
            (6) Consultations required under applicable laws.
            (7) Submission and review of any comments required under 
        applicable law.
            (8) Publication of any public notices required under 
        applicable law.
            (9) A final or any interim decisions.
    (e) Time Limit for Permitting Process.--In no case should the total 
review process described in subsection (d) exceed 30 months unless 
agreed to by the signatories of the agreement.
    (f) Limitation on Addressing Public Comments.--The lead agency is 
not required to address agency or public comments that were not 
submitted during any public comment periods or consultation periods 
provided during the permitting process or as otherwise required by law.
    (g) Financial Assurance.--The lead agency will determine the amount 
of financial assurance for reclamation of a mineral exploration or 
mining site, which must cover the estimated cost if the lead agency 
were to contract with a third party to reclaim the operations according 
to the reclamation plan, including construction and maintenance costs 
for any treatment facilities necessary to meet Federal, State or tribal 
environmental standards.
    (h) Application to Existing Permit Applications.--This section 
shall apply with respect to a mineral exploration or mine permit for 
which an application was submitted before the date of the enactment of 
this Act if the applicant for the permit submits a written request to 
the lead agency for the permit. The lead agency shall begin 
implementing this section with respect to such application within 30 
days after receiving such written request.
    (i) Strategic and Critical Minerals Within National Forests.--With 
respect to strategic and critical minerals within a federally 
administered unit of the National Forest System, the lead agency 
shall--
            (1) exempt all areas of identified mineral resources in 
        Land Use Designations, other than Non-Development Land Use 
        Designations, in existence as of the date of the enactment of 
        this Act from the procedures detailed at and all rules 
        promulgated under part 294 of title 36, Code for Federal 
        Regulations;
            (2) apply such exemption to all additional routes and areas 
        that the lead agency finds necessary to facilitate the 
        construction, operation, maintenance, and restoration of the 
        areas of identified mineral resources described in paragraph 
        (1); and
            (3) continue to apply such exemptions after approval of the 
        Minerals Plan of Operations for the unit of the National Forest 
        System.

SEC. 103. CONSERVATION OF THE RESOURCE.

    In evaluating and issuing any mineral exploration or mine permit, 
the priority of the lead agency shall be to maximize the development of 
the mineral resource, while mitigating environmental impacts, so that 
more of the mineral resource can be brought to the market place.

SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING 
              PROJECTS.

    (a) Preparation of Federal Notices for Mineral Exploration and Mine 
Development Projects.--The preparation of Federal Register notices 
required by law associated with the issuance of a mineral exploration 
or mine permit shall be delegated to the organization level within the 
agency responsible for issuing the mineral exploration or mine permit. 
All Federal Register notices regarding official document availability, 
announcements of meetings, or notices of intent to undertake an action 
shall be originated and transmitted to the Federal Register from the 
office where documents are held, meetings are held, or the activity is 
initiated.
    (b) Departmental Review of Federal Register Notices for Mineral 
Exploration and Mining Projects.--Absent any extraordinary circumstance 
or except as otherwise required by any Act of Congress, each Federal 
Register notice described in subsection (a) shall undergo any required 
reviews within the Department of the Interior or the Department of 
Agriculture and be published in its final form in the Federal Register 
no later than 30 days after its initial preparation.

TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND 
                              MINE PERMITS

SEC. 201. DEFINITIONS FOR TITLE.

    In this title the term ``covered civil action'' means a civil 
action against the Federal Government containing a claim under section 
702 of title 5, United States Code, regarding agency action affecting a 
mineral exploration or mine permit.

SEC. 202. TIMELY FILINGS.

    A covered civil action is barred unless filed no later than the end 
of the 60-day period beginning on the date of the final Federal agency 
action to which it relates.

SEC. 203. RIGHT TO INTERVENE.

    The holder of any mineral exploration or mine permit may intervene 
as of right in any covered civil action by a person affecting rights or 
obligations of the permit holder under the permit.

SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil 
action as expeditiously as possible.

SEC. 205. LIMITATION ON PROSPECTIVE RELIEF.

    In a covered civil action, the court shall not grant or approve any 
prospective relief unless the court finds that such relief is narrowly 
drawn, extends no further than necessary to correct the violation of a 
legal requirement, and is the least intrusive means necessary to 
correct that violation.

SEC. 206. LIMITATION ON ATTORNEYS' FEES.

    Sections 504 of title 5, United States Code, and 2412 of title 28, 
United States Code (together commonly called the Equal Access to 
Justice Act) do not apply to a covered civil action, nor shall any 
party in such a covered civil action receive payment from the Federal 
Government for their attorneys' fees, expenses, and other court costs.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. SECRETARIAL ORDER NOT AFFECTED.

    Nothing in this subdivision shall be construed as to affect any 
aspect of Secretarial Order 3324, issued by the Secretary of the 
Interior on December 3, 2012, with respect to potash and oil and gas 
operators.

            Passed the House of Representatives September 18, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                                H. R. 4

_______________________________________________________________________

                                 AN ACT

 To make revisions to Federal law to improve the conditions necessary 
     for economic growth and job creation, and for other purposes.
```