II 

113TH CONGRESS 

2D SESSION S. 2734 

To improve timber management on Oregon and California Railroad and 

Coos Bay Wagon Road grant land, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2014 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To improve timber management on Oregon and California 

Railroad and Coos Bay Wagon Road grant land, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Oregon and California Land Grant Act of 2014’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—UNITED STATES INTERNATIONAL TRADE COMMISSION 

REPORT ON WOOD AND RELATED PRODUCTS 

Sec. 101. United States International Trade Commission report. 


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TITLE II—TIMBER REVITALIZATION AND ECONOMIC 

ENHANCEMENT 

Sec. 201. Treatment of timber gains. 

TITLE III—MANAGEMENT ON OREGON AND CALIFORNIA 

RAILROAD AND COOS BAY WAGON ROAD GRANT LAND 

Sec. 301. Management of Oregon and California Railroad and Coos Bay Wagon 

Road grant land. 

Sec. 302. Designation of wild and scenic rivers. 

TITLE IV—TRIBAL LAND 

Subtitle A—Oregon Coastal Land Conveyance 

Sec. 401. Definitions. 

Sec. 402. Conveyance. 

Sec. 403. Map and legal description. 

Sec. 404. Administration. 

Sec. 405. Forest management. 

Subtitle B—Canyon Mountain Land Conveyance 

Sec. 411. Definitions. 

Sec. 412. Conveyance. 

Sec. 413. Map and legal description. 

Sec. 414. Administration. 

Sec. 415. Forest management. 

Subtitle C—Amendments to Coquille Restoration Act 

Sec. 421. Amendments to Coquille Restoration Act. 

TITLE V—OREGON TREASURES 

Subtitle A—Wild Rogue Wilderness Area 

Sec. 501. Wild Rogue Wilderness Area. 

Subtitle B—Devil’s Staircase Wilderness 

Sec. 511. Definitions. 

Sec. 512. Devil’s Staircase Wilderness, Oregon. 

Sec. 513. Wild and scenic river designations, Wasson Creek and Franklin 

Creek, Oregon. 

Subtitle C—Additional Wild and Scenic River Designations and Technical 

Corrections 

Sec. 521. Designation of wild and scenic river segments, Molalla River, Oregon. 

Sec. 522. Technical corrections to the Wild and Scenic Rivers Act. 


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1 TITLE I—UNITED STATES INTER2 NATIONAL TRADE COMMIS3 SION REPORT ON WOOD AND 

4 RELATED PRODUCTS 

5 SEC. 101. UNITED STATES INTERNATIONAL TRADE COMMIS6 SION REPORT. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the United States International Trade Com9 mission shall submit to the Committee on Finance of the 

10 Senate and the Committee on Ways and Means of the 

11 House of Representatives a report examining the condi12 tions of competition in the trade of wood and related prod13 ucts. 

14 TITLE II—TIMBER REVITALIZA15 TION AND ECONOMIC EN16 HANCEMENT 

17 SEC. 201. TREATMENT OF TIMBER GAINS. 

18 (a) SPECIAL RATE MADE PERMANENT.—Paragraph 

19 (1) of section 1201(b) of the Internal Revenue Code of 

20 1986 is amended by striking ‘‘ending after the date’’ and 

21 all that follows through ‘‘after such date’’ and inserting 

22 ‘‘beginning after the date of the enactment of the Oregon 

23 and California Land Grant Act of 2014’’. 

24 (b) ADJUSTMENT OF SPECIAL RATE.— 


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1 (1) IN GENERAL.—Clause (i) of section 

2 1201(b)(1)(B) of such Code is amended by striking 

3 ‘‘15 percent’’ and inserting ‘‘20 percent’’. 

4 (2) CONFORMING AMENDMENT.—Section 55(b) 

5 of such Code is amended by striking paragraph (4). 

6 (c) COMPUTATION FOR TAXABLE YEARS IN WHICH

7 RATE FIRST APPLIES.—Paragraph (3) of section 1201(b) 

8 of such Code is amended to read as follows: 

9 ‘‘(3) COMPUTATION FOR TAXABLE YEARS IN

10 WHICH RATE FIRST APPLIES.—In the case of any 

11 taxable year which includes the date of the enact12 ment of the Oregon and California Land Grant Act 

13 of 2014, the qualified timber gain for such year shall 

14 not exceed the qualified timber gain properly taken 

15 into account for the portion of the year after such 

16 date.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to taxable years beginning after 

19 the date of the enactment of this Act. 


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

4 ROAD GRANT LAND 

5 SEC. 301. MANAGEMENT OF OREGON AND CALIFORNIA 

6 RAILROAD AND COOS BAY WAGON ROAD 

7 GRANT LAND. 

8 The Act of August 28, 1937 (43 U.S.C. 1181a et 

9 seq.), is amended to read as follows: 

10 ‘‘SECTION 1. SHORT TITLE. 

11 ‘‘This Act may be cited as the ‘Oregon and California 

12 Land Grant Act’. 

13 ‘‘SEC. 2. DEFINITIONS. 

14 ‘‘In this Act: 

15 ‘‘(1) ADJACENT PRIVATE LAND.—The term ‘ad16 jacent private land’ means any privately owned land 

17 that is— 

18 ‘‘(A) contiguous to covered land; or 

19 ‘‘(B) situated so that it is reasonably nec20 essary to use covered land to access the pri21 vately owned land. 

22 ‘‘(2) AGENCY ACTION.—The term ‘agency ac23 tion’ has the meaning given the term in section 551 

24 of title 5, United States Code. 


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1 ‘‘(3) ARCHEOLOGICAL SITE.—The term ‘archeo2 logical site’ means any district, site, building, struc3 ture, or object that is included, or eligible for inclu4 sion, in the National Register under section 106 of 

5 the National Historic Preservation Act (16 U.S.C. 

6 470f). 

7 ‘‘(4) AVERAGE SEVERE FIRE WEATHER CONDI8 TIONS.—The term ‘average severe fire weather con9 ditions’ means the fine dead fuel moisture content, 

10 live fuel moisture content, and midflame wind speed 

11 under which 95 percent of wildfires burned during 

12 the fire season, as determined by the Secretary for 

13 each county in which covered land is located. 

14 ‘‘(5) CONSERVATION EMPHASIS AREA.—The 

15 term ‘Conservation Emphasis Area’ means the land 

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

17 Grant Act of 2014: Conservation Emphasis Areas’ 

18 and dated July 31, 2014. 

19 ‘‘(6) COVERED AGENCY ACTION.—The term 

20 ‘covered agency action’ means an agency action car21 ried out by the Secretary relating to the manage22 ment of vegetation on covered land. 

23 ‘‘(7) COVERED CIVIL ACTION.—The term ‘cov24 ered civil action’ means a civil action seeking judicial 

25 review of a covered agency action. 


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1 ‘‘(8) COVERED LAND.—The term ‘covered land’ 

2 means the approximately 2,388,000 acres of land 

3 designated as ‘Oregon and California Railroad and 

4 Coos Bay Wagon Road grant land’, generally de5 picted as ‘covered lands’ on the map entitled ‘O & 

6 C Land Grant Act of 2014’ and dated July 31, 

7 2014. 

8 ‘‘(9) DECOMMISSION.—The term ‘decommis9 sion’, with respect to a road, means to restore any 

10 natural drainage, watershed function, or other eco11 logical process that is disrupted or adversely im12 pacted by the road by— 

13 ‘‘(A) removing or hydrologically dis14 connecting the road prism; and 

15 ‘‘(B) reestablishing vegetation on the road. 

16 ‘‘(10) DEPARTMENT.—The term ‘Department’ 

17 means the Department of the Interior. 

18 ‘‘(11) DRY FORESTRY EMPHASIS AREA.—The 

19 term ‘Dry Forestry Emphasis Area’ means the land 

20 labeled as ‘Dry Forestry Emphasis Area’ on the map 

21 entitled ‘O & C Land Grant Act of 2014: Moist and 

22 Dry Forestry Emphasis Areas’ and dated July 31, 

23 2014. 

24 ‘‘(12) FOREST MANAGEMENT.—The term ‘for25 est management’, with respect to an activity or plan, 


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1 means any activity or plan reasonably necessary for 

2 the prudent management, upkeep, and use of for3 ested land, including— 

4 ‘‘(A) timber harvesting, thinning, reforest5 ation, vegetation and pest management, and 

6 other silvicultural activities; 

7 ‘‘(B) development and harvest of other for8 est resources and products; 

9 ‘‘(C) fire prevention and suppression ac10 tivities; and 

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

12 improving, and reconstructing— 

13 ‘‘(i) roads; 

14 ‘‘(ii) land; 

15 ‘‘(iii) yarding corridors and wedges; 

16 ‘‘(iv) guyline supports; and 

17 ‘‘(v) tail holds for permanent or tem18 porary use that are reasonably necessary 

19 for prudent land management. 

20 ‘‘(13) KEY WATERSHED.—The term ‘key water21 shed’ means a watershed that— 

22 ‘‘(A) is critical to 1 or more populations of 

23 native fish; 

24 ‘‘(B) provides high-quality water; and 


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1 ‘‘(C) is the same as 1 of the key water2 sheds designated under the document entitled 

3 ‘Northwest Forest Plan Survey and Manage 

4 Mitigation Measure Standard and Guidelines’. 

5 ‘‘(14) MOIST FORESTRY EMPHASIS AREA.—The 

6 term ‘Moist Forestry Emphasis Area’ means the 

7 land labeled as ‘Moist Forestry Emphasis Area’ on 

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

9 Moist and Dry Forestry Emphasis Areas’ and dated 

10 July 31, 2014. 

11 ‘‘(15) OLD GROWTH TREE.—The term ‘old 

12 growth tree’ means a tree, whether alive or dead, 

13 that is equal to or greater than 150 years of age, 

14 measured at breast height. 

15 ‘‘(16) OLDER TREE.—The term ‘older tree’ 

16 means any tree, whether alive or dead, that is older 

17 than 100 years of age but less than 150 years of 

18 age, measured at breast height as of the date of en19 actment of the Oregon and California Land Grant 

20 Act of 2014. 

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

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

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


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

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

5 ‘‘(I) installing appropriate water 

6 control structures, such as water bars; 

7 or 

8 ‘‘(II) ensuring the surface of the 

9 road slopes such that water quickly 

10 drains off the surface of the road; 

11 ‘‘(ii) for purposes of preventing access 

12 by vehicles— 

13 ‘‘(I) blocking the entrance of the 

14 road; and 

15 ‘‘(II) scattering slash atop the 

16 road surface; and 

17 ‘‘(iii) for purposes of restoring native 

18 vegetation— 

19 ‘‘(I) scarifying lightly the surface 

20 of the road; 

21 ‘‘(II) seeding the surface of the 

22 road, as needed; and 

23 ‘‘(III) treating noxious weeds. 


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1 ‘‘(18) RESIDENCE.—The term ‘residence’ 

2 means a privately owned, permanent structure that 

3 is— 

4 ‘‘(A) maintained for habitation as a dwell5 ing or workplace; and 

6 ‘‘(B) located in an area with a density that 

7 is greater than 1 structure per 20 acres. 

8 ‘‘(19) SALMON.—The term ‘salmon’ means any 

9 of the wild anadromous Oncorhynchus species that 

10 occur in the State of Oregon. 

11 ‘‘(20) SECRETARY.—The term ‘Secretary’ 

12 means the Secretary of the Interior, acting through 

13 the Director of the Bureau of Land Management. 

14 ‘‘(21) SHADED FUELBREAK.—The term ‘shaded 

15 fuelbreak’ means a strip of land on which the ability 

16 to control a fire is improved by— 

17 ‘‘(A) thinning to increase the space be18 tween tree crowns, but ensuring that the crowns 

19 of trees occupy at least 40 percent of the can20 opy; 

21 ‘‘(B) pruning the remaining trees to de22 crease the likelihood of a surface fire igniting a 

23 crown of a tree; and 


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1 ‘‘(C) reducing brush, dead trees, or large 

2 quantities of other flammable vegetation to cre3 ate generally an open appearance. 

4 ‘‘(22) SITE-POTENTIAL TREE.—The term ‘site5 potential tree’ means the average dominant tree, 

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

7 ‘‘(23) TREE TIPPING AND TREE FELLING AC8 TIVITY.—The term ‘tree tipping and tree felling ac9 tivity’ means any activity relating to the intentional 

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

11 forest floor during a timber harvest operation. 

12 ‘‘(24) VEGETATION MANAGEMENT PROJECT.— 

13 The term ‘vegetation management project’ means an 

14 activity carried out on covered land that involves the 

15 cutting of vegetation to achieve the purposes of this 

16 Act. 

17 ‘‘SEC. 3. LAND MANAGEMENT. 

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

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

21 of the revested Oregon and California Railroad grant land 

22 or the reconveyed Coos Bay Wagon Road grant land that 

23 is under the jurisdiction of the Department shall be man24 aged in accordance with this Act. 


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1 ‘‘(b) MANAGEMENT.—Covered land shall be man2 aged, to the maximum extent practicable, in a manner 

3 that achieves or supports— 

4 ‘‘(1) provision of a permanent forest produc5 tion; 

6 ‘‘(2) protection of watersheds and regulation of 

7 stream flow; 

8 ‘‘(3) the economic stability of local communities 

9 and industries; and 

10 ‘‘(4) the provision of recreational facilities. 

11 ‘‘(c) GOALS.—A management strategy implemented 

12 under this section shall seek to achieve goals that— 

13 ‘‘(1) take into consideration human and eco14 nomic dimensions of the management of covered 

15 land; 

16 ‘‘(2) protect the long-term health of forests, 

17 wildlife, and waterways, and water supplies; 

18 ‘‘(3) are scientifically sound, ecologically cred19 ible, and legally responsible; 

20 ‘‘(4) produce a predictable and sustainable level 

21 of timber sales and nontimber resources that do not 

22 significantly degrade the environment; and 

23 ‘‘(5) emphasize collaboration among the Federal 

24 agencies responsible for management of covered 

25 land. 


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1 ‘‘(d) APPLICABILITY OF NORTHWEST FOREST

2 PLAN.—The document entitled ‘Northwest Forest Plan 

3 Survey and Manage Mitigation Measure Standard and 

4 Guidelines’ shall not apply to any— 

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

6 ‘‘(2) Moist Forestry Emphasis Area. 

7 ‘‘(e) PUBLIC DOMAIN LAND.—Any land depicted as 

8 ‘covered lands’ on the map entitled ‘O & C Land Grant 

9 Act of 2014’ and dated July 31, 2014, that is not des10 ignated as Oregon and California Railroad grant lands 

11 under the Act of August 28, 1937 (43 U.S.C. 1181a et 

12 seq.), as of the date of enactment of the Oregon and Cali13 fornia Land Grant Act of 2014 shall be redesignated as 

14 Oregon and California Railroad grant lands under the Act 

15 of August 28, 1937 (43 U.S.C. 1181a et seq.), effective 

16 beginning on that date of enactment. 

17 ‘‘(f) RESTRICTIONS REGARDING OLD GROWTH

18 TREES.— 

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

20 or remove an old growth tree within the covered 

21 area, except in accordance with this subsection. 

22 ‘‘(2) ADMINISTRATIVE PURPOSES AND SPECIAL

23 USES.—The Secretary may cut or remove an old 

24 growth tree within the covered area— 


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1 ‘‘(A) to carry out a construction or mainte2 nance project, if foregoing the removal of the 

3 old growth tree would cost the Secretary more 

4 than $3,000 in order to meet the objectives of 

5 the project; 

6 ‘‘(B) to develop a utility corridor or as 

7 part of development, construction, or an up8 grade in a utility right-of-way; or 

9 ‘‘(C) to provide for a cultural use by a fed10 erally recognized Indian tribe. 

11 ‘‘(3) PUBLIC SAFETY PURPOSES.—The Sec12 retary may cut or remove an old growth tree within 

13 the covered area for public safety purposes, if— 

14 ‘‘(A) the Secretary determines the old 

15 growth tree is likely to fall within 1 year; and 

16 ‘‘(B) the fall of the old growth tree 

17 could— 

18 ‘‘(i) injure a member of the public or 

19 an employee of the Department that regu20 larly is in the vicinity of the old growth 

21 tree; or 

22 ‘‘(ii) cause property damage in excess 

23 of $3,000. 

24 ‘‘(4) SCIENTIFIC PURPOSES.—The Secretary 

25 may cut or remove an old growth tree within the 


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1 covered area for scientific purposes, if the Secretary 

2 determines that obtaining the old growth tree on 

3 other land would not be feasible. 

4 ‘‘(5) ADMINISTRATION.—In carrying out this 

5 subsection, the Secretary shall— 

6 ‘‘(A) provide public notice of the location 

7 of each old growth tree proposed to be cut or 

8 removed, unless the Secretary determines that 

9 cutting the old growth tree is necessary to re10 spond to an emergency condition; 

11 ‘‘(B) certify the reason for the cutting or 

12 removal of the old growth tree; and 

13 ‘‘(C) if more than 5 trees will be cut or re14 moved during a 30-day period within 1 district 

15 of the Bureau of Land Management, seek pub16 lic comment for a period of not less than 7 days 

17 regarding the cutting or removal of any old 

18 growth tree. 

19 ‘‘(6) PROHIBITION ON COMMERCIAL SALE.—An 

20 old growth tree cut or removed pursuant to this sub21 section may not be sold commercially. 

22 ‘‘(7) PROTOCOLS.— 

23 ‘‘(A) IN GENERAL.—In complying with the 

24 restrictions under this subsection, the Secretary 

25 shall— 


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1 ‘‘(i) identify, based on the protocols 

2 developed under subparagraph (B), trees 

3 that are 150 years of age or older, as 

4 measured at breast height; and 

5 ‘‘(ii) retain the trees described in 

6 clause (i). 

7 ‘‘(B) PROTOCOLS.—The Secretary, in col8 laboration with an advisory panel to be estab9 lished by the Secretary, based on the best avail10 able science, shall develop protocols for identi11 fying trees that are 150 years of age or older, 

12 as measured at breast height. 

13 ‘‘(g) COMPLIANCE WITH EXISTING LAWS.—Nothing 

14 in this Act modifies any obligation— 

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

16 a land use plan in accordance with section 202 of 

17 the Federal Land Policy and Management Act of 

18 1976 (43 U.S.C. 1712); 

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

20 (16 U.S.C. 1531 et seq.); 

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

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

23 ‘‘(4) under other law, except as expressly pro24 vided in this Act. 


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

2 ‘‘(a) AQUATIC CONSERVATION STRATEGY.— 

3 ‘‘(1) IN GENERAL.—In managing the covered 

4 area, the Secretary shall carry out an aquatic con5 servation strategy to maintain and restore natural 

6 ecological functions and processes beneficial to water 

7 quality and quantity, including temperature and tur8 bidity, native fish and wildlife, and watershed resil9 ience, including the continued provision of ecosystem 

10 services. 

11 ‘‘(2) GOALS.—The goals of the aquatic con12 servation strategy shall be— 

13 ‘‘(A) to protect, maintain, and restore 

14 aquatic ecosystems and the associated ecological 

15 processes for fish, other aquatic organisms, ri16 parian-dependent species, and human needs 

17 across a region; 

18 ‘‘(B) to manage aquatic ecosystems in a 

19 manner that recognizes that fish and other 

20 aquatic organisms evolved within a dynamic en21 vironment that is constantly influenced and 

22 changed by geomorphic and ecological disturb23 ances; 

24 ‘‘(C) to protect important drinking water 

25 source areas, and to maintain and restore water 


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1 quality necessary to support healthy riparian, 

2 aquatic, and wetland ecosystems; and 

3 ‘‘(D) to protect, maintain, and restore 

4 instream flows sufficient to create and sustain 

5 riparian, aquatic, and wetland habitats and to 

6 retain patterns of sediment, nutrient, and wood 

7 routing. 

8 ‘‘(3) PROGRAM COMPONENTS.—The aquatic 

9 conservation strategy under paragraph (1) shall in10 corporate— 

11 ‘‘(A) riparian reserves in accordance with 

12 subsection (b); 

13 ‘‘(B) watershed analysis— 

14 ‘‘(i) to develop appropriate manage15 ment actions for a watershed, including ad16 justment of riparian buffer widths under 

17 subsection (b)(3); and 

18 ‘‘(ii) to identify priority actions the 

19 Secretary may carry out under subpara20 graph (D); 

21 ‘‘(C) key watersheds; and 

22 ‘‘(D) watershed restoration, including— 

23 ‘‘(i) activities inside riparian reserves 

24 described in subsection (b)(2); and 


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1 ‘‘(ii) stream improvement work de2 scribed in section 14(b). 

3 ‘‘(b) RIPARIAN PROTECTION REQUIREMENTS.— 

4 ‘‘(1) RIPARIAN BUFFER WIDTHS.—In the cov5 ered area, the Secretary shall establish riparian buff6 ers to protect, maintain, and restore natural ecologi7 cal functions and processes for productive aquatic 

8 and riparian ecosystems, including water quality and 

9 quantity, with the following widths: 

10 ‘‘(A) MOIST FORESTRY EMPHASIS AREAS

11 AND DRY FORESTRY EMPHASIS AREAS.—In the 

12 Moist Forestry Emphasis Area or Dry Forestry 

13 Emphasis Area, the buffer shall extend a dis14 tance equal to the height of 1 site-potential tree 

15 or 150-feet slope distance, whichever is greater, 

16 from— 

17 ‘‘(i) a 100-year floodplain; 

18 ‘‘(ii) a natural pond; 

19 ‘‘(iii) a lake; 

20 ‘‘(iv) a fish-bearing stream; 

21 ‘‘(v) a wetland; 

22 ‘‘(vi) a constructed pond; 

23 ‘‘(vii) a reservoir; 

24 ‘‘(viii) a permanently flowing, nonfish25 bearing stream; 


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1 ‘‘(ix) an intermittent stream; or 

2 ‘‘(x) a seasonally flowing stream. 

3 ‘‘(B) CONSERVATION EMPHASIS AREA AND

4 OTHER AREAS.— 

5 ‘‘(i) IN GENERAL.—In the Conserva6 tion Emphasis Area, the key watersheds, 

7 and land managed by the Bureau of Land 

8 Management within the source water em9 phasis perimeter depicted on the maps de10 scribed in clause (ii), the buffer shall ex11 tend a distance equal to the greater of— 

12 ‘‘(I) twice the height of a site-po13 tential tree or a 300-feet slope dis14 tance from a fish-bearing stream, a 

15 wetland greater than 1 acre in size, a 

16 natural pond, or a lake; and 

17 ‘‘(II) the height of 1 site-poten18 tial tree or 150-feet slope distance 

19 from a permanently flowing, nonfish20 bearing stream, an intermittent 

21 stream, a seasonally flowing stream, a 

22 wetland smaller than 1 acre in size, a 

23 constructed pond, or a reservoir. 


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1 ‘‘(ii) DESCRIPTION OF MAPS.—The 

2 maps referred to in clause (i) are the maps 

3 entitled— 

4 ‘‘(I) ‘O&C Land Grant Act of 

5 2014: McKenzie Source Water Em6 phasis Area’ and dated July 31, 2014; 

7 ‘‘(II) ‘O&C Land Grant Act of 

8 2014: Hillsboro Source Water Empha9 sis Area’ and dated July 31, 2014; 

10 ‘‘(III) ‘O&C Land Grant Act of 

11 2014: Clackamas Source Water Em12 phasis Area’ and dated July 31, 2014; 

13 and 

14 ‘‘(IV) ‘O&C Land Grant Act of 

15 2014: Springfield Source Water Em16 phasis Area’ and dated July 31, 2014. 

17 ‘‘(2) ACTIVITIES INSIDE RIPARIAN RESERVES.— 

18 ‘‘(A) INNER ZONE.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 shall establish an inner zone within each 

21 riparian reserve established under para22 graph (1) in accordance with clause (ii), 

23 which shall be managed in accordance with 

24 clause (iii). 


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1 ‘‘(ii) WIDTHS.—The widths of an 

2 inner zone established under clause (i) 

3 shall be as follows: 

4 ‘‘(I) 120-feet slope distance from 

5 a fish-bearing stream of great ecologi6 cal importance, as determined by the 

7 Secretary. 

8 ‘‘(II) 50-feet slope distance from 

9 a nonfish-bearing stream of great eco10 logical importance, as determined by 

11 the Secretary, in a Moist Forestry 

12 Emphasis Area or a Dry Forestry 

13 Emphasis Area. 

14 ‘‘(III) 120-feet slope distance 

15 from a nonfish-bearing stream, as de16 termined by the Secretary, in the 

17 Conservation Emphasis Area. 

18 ‘‘(IV) 100-feet slope distance 

19 from a fish-bearing stream that is not 

20 a stream described in subclauses (I) 

21 through (III). 

22 ‘‘(V) 50-feet slope distance from 

23 a nonfish-bearing stream that is not a 

24 stream described in subclauses (I) 

25 through (III). 


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1 ‘‘(iii) MANAGEMENT.—Except as pro2 vided in clause (iv), the Secretary shall not 

3 cut a tree located within an inner zone. 

4 ‘‘(iv) EXCEPTIONS.—Notwithstanding 

5 clause (iii), the Secretary may cut, or carry 

6 out any tree tipping and tree felling activi7 ties relating to, any tree located inside an 

8 inner zone, as the Secretary determines to 

9 be necessary to protect, maintain, or im10 prove aquatic and riparian ecosystems, in11 cluding water quality. 

12 ‘‘(B) FOREST MANAGEMENT ACTIVITIES.— 

13 ‘‘(i) IN GENERAL.—The Secretary 

14 may carry out thinning and partial cutting 

15 in a riparian reserve for ecological restora16 tion purposes, including— 

17 ‘‘(I) for Moist Forestry Emphasis 

18 Areas, variable density and clump19 based thinning to accelerate develop20 ment of structural and compositional 

21 complexity, including accelerating de22 velopment of older, large living and 

23 dead trees; and 

24 ‘‘(II) for Dry Forestry Emphasis 

25 Areas, partial cutting to increase forVerDate Mar 15 2010 03:07 Aug 08, 2014 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2734.IS S2734

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1 est resilience and old growth tree re2 tention. 

3 ‘‘(ii) RETENTION LEVELS.— 

4 ‘‘(I) IN GENERAL.—Subject to 

5 subclause (II), for any cut tree that 

6 needs to remain onsite or be placed in 

7 a stream in a riparian reserve, the ap8 plicable retention level shall be— 

9 ‘‘(aa) developed by the Sec10 retary, in consultation with the 

11 Administrator of the National 

12 Oceanic and Atmospheric Admin13 istration and the Director of the 

14 United States Fish and Wildlife 

15 Service; but 

‘‘(bb) not less than 1 16 ⁄3 of the 

17 volume of biomass cut. 

18 ‘‘(II) REQUIREMENTS.—In estab19 lishing retention levels under sub20 clause (I), the Secretary, in consulta21 tion with the Administrator of the Na22 tional Oceanic and Atmospheric Ad23 ministration and the Director of the 

24 United States Fish and Wildlife Serv25 ice, shall take into consideration— 


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1 ‘‘(aa) site-specific needs; 

2 ‘‘(bb) the need for wood de3 livery to streams; 

4 ‘‘(cc) threats of wildfire; 

5 ‘‘(dd) threats of insects and 

6 disease; 

7 ‘‘(ee) restoration objectives; 

8 and 

9 ‘‘(ff) other criteria that the 

10 Secretary, in consultation with 

11 the Administrator of the National 

12 Oceanic and Atmospheric Admin13 istration and the Director of the 

14 United States Fish and Wildlife 

15 Service, considers to be critical 

16 for the reserves. 

17 ‘‘(III) OTHER STREAMS IN FOR18 ESTRY EMPHASIS AREAS.— 

19 ‘‘(aa) IN GENERAL.—The 

20 Secretary shall develop a dem21 onstration area of not more than 

22 200,000 acres in Moist Forestry 

23 Emphasis Areas and Dry For24 estry Emphasis Areas to assess 

25 the ability to achieve multiple obVerDate Mar 15 2010 03:07 Aug 08, 2014 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2734.IS S2734

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1 jectives, including timber produc2 tion, in the inner zones of the ri3 parian reserves. 

4 ‘‘(bb) LIMITATION.—The 

5 prohibition under subparagraph 

6 (A)(iii) shall not apply to an area 

7 described in item (aa). 

8 ‘‘(C) MEASUREMENT.—Each riparian re9 serve shall be measured from the edge of, as 

10 applicable— 

11 ‘‘(i) the channel; or 

12 ‘‘(ii) the 100-year floodplain. 

13 ‘‘(D) THINNING MODIFICATION.— 

14 ‘‘(i) IN GENERAL.—Notwithstanding 

15 any thinning provisions relating to 

16 thinning outside of a riparian reserve, sub17 ject to clause (iii), thinning and other man18 agement treatments in riparian reserves in 

19 the Moist Forestry Emphasis Area, the 

20 Dry Forestry Emphasis Area, and the 

21 Conservation Emphasis Area shall only be 

22 carried out to promote ecological goals con23 sistent with the aquatic conservation strat24 egy under subsection (a), including accel25 eration of large live and dead trees, inVerDate Mar 15 2010 03:07 Aug 08, 2014 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2734.IS S2734

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1 creasing species diversity (particularly 

2 those species with depressed populations), 

3 and other goals. 

4 ‘‘(ii) GUIDELINES AND PROTOCOLS.— 

5 ‘‘(I) IN GENERAL.—Not later 

6 than 60 days after the date of enact7 ment of the Oregon and California 

8 Land Grant Act of 2014, the Sec9 retary, in consultation with the Direc10 tor of the United States Fish and 

11 Wildlife Service, the Administrator of 

12 the National Oceanic and Atmospheric 

13 Administration, and the Adminis14 trator of the Environmental Protec15 tion Agency, shall establish— 

16 ‘‘(aa) guidelines and proto17 cols for appropriate riparian 

18 management and thinning based 

19 on forest type; and 

20 ‘‘(bb) conditions for inclu21 sion in forest management plans 

22 under this Act. 

23 ‘‘(II) INCLUSIONS.—The guide24 lines and protocols established under 

25 subclause (I) shall include— 


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1 ‘‘(aa) a description of appro2 priate portions of the riparian re3 serves in which no thinning is 

4 permitted; and 

5 ‘‘(bb) if allowed, minimum 

6 live tree retention levels for 

7 thinning operations to achieve 

8 the goals of the aquatic conserva9 tion strategy. 

10 ‘‘(III) LIMITATION.—The guide11 lines and protocols established under 

12 subclause (I) shall require that 

13 thinning in a riparian reserve under 

14 this subparagraph shall not occur on 

15 any tree aged 80 years or older. 

16 ‘‘(iii) EXCEPTIONAL CIR17 CUMSTANCES.—In an exceptional cir18 cumstance, as determined by the Sec19 retary, the Secretary, in consultation with 

20 the Director of the United States Fish and 

21 Wildlife Service and the Administrator of 

22 the National Oceanic and Atmospheric Ad23 ministration, may propose a site-specific 

24 forest management activity or other man25 agement treatments in riparian reserves in 


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1 the Moist Forestry Emphasis Area, the 

2 Dry Forestry Emphasis Area, or the Con3 servation Emphasis Area to protect the 

4 public from imminent risk or harm. 

5 ‘‘(E) ROADS.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), the Secretary shall not 

8 construct a road inside a riparian reserve. 

9 ‘‘(ii) EXCEPTIONS.— 

10 ‘‘(I) TEMPORARY ROADS.—The 

11 Secretary may construct a temporary 

12 road to cross a riparian reserve, in13 cluding crossing a stream where nec14 essary, to complete a vegetation man15 agement project, subject to the condi16 tions that— 

17 ‘‘(aa) there shall be no exist18 ing road system or other timber 

19 management measure that is fea20 sible to use; 

21 ‘‘(bb) the construction of the 

22 temporary road shall not ad23 versely impact the aquatic or ri24 parian ecosystem; and 


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1 ‘‘(cc) the Secretary shall 

2 seek to minimize the length of 

3 the temporary road. 

4 ‘‘(II) PERMANENT ROADS.—The 

5 Secretary may realign an existing 

6 road inside a riparian reserve, includ7 ing the replacement of stream cross8 ings, if the Secretary determines that 

9 the realignment will maintain, restore, 

10 or improve aquatic or riparian eco11 systems and water quality. 

12 ‘‘(3) ADJUSTMENT OF RIPARIAN RESERVE

13 WIDTHS AND MANAGEMENT OF INNER ZONES.— 

14 ‘‘(A) IN GENERAL.—Not earlier than 10 

15 years after the date of enactment of the Oregon 

16 and California Land Grant Act of 2014, and 

17 not more frequently than once each 10 years 

18 thereafter, the Secretary may adjust the ripar19 ian reserve widths established under paragraph 

20 (1) on separate bodies of water, subject to the 

21 advice of the scientific committee established 

22 under subparagraph (B). 

23 ‘‘(B) SCIENTIFIC COMMITTEE.— 

24 ‘‘(i) ESTABLISHMENT.—The Secretary 

25 may establish a scientific committee to deVerDate Mar 15 2010 03:07 Aug 08, 2014 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2734.IS S2734

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1 termine whether the riparian reserve 

2 widths and management of the inner zones 

3 should be adjusted. 

4 ‘‘(ii) OUTSIDE MEMBERSHIP.—In ad5 dition to not more than 5 representatives 

6 of the Federal Government (including 1 

7 representative of each of the Bureau of 

8 Land Management, the National Oceanic 

9 and Atmospheric Administration, and the 

10 United States Fish and Wildlife Service), 

11 the scientific committee shall include 5 in12 dividuals, to be appointed by the Secretary, 

13 who— 

14 ‘‘(I) are not full-time employees 

15 of the Federal Government; and 

16 ‘‘(II) have expertise relating to 

17 aquatic and riparian ecosystems, as 

18 demonstrated by— 

19 ‘‘(aa) an advanced degree in 

20 a related field; and 

21 ‘‘(bb) subsequent relevant 

22 work experience. 

23 ‘‘(iii) DUTIES.—The scientific com24 mittee shall— 


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1 ‘‘(I) make recommendations re2 garding whether the riparian reserve 

3 widths and management of the inner 

4 zones should be adjusted on individual 

5 bodies of water, taking into consider6 ation— 

7 ‘‘(aa) slope; 

8 ‘‘(bb) road density; 

9 ‘‘(cc) soil type; 

10 ‘‘(dd) the importance of a 

11 stream to a salmon population; 

12 ‘‘(ee) the effect on water 

13 temperature; 

14 ‘‘(ff) the effect on water 

15 quality, including instream flow; 

16 ‘‘(gg) the potential for the 

17 delivery or deposition of sediment 

18 and wood from upslope sources; 

19 and 

20 ‘‘(hh) new scientific informa21 tion and understanding; and 

22 ‘‘(II) submit to the Secretary a 

23 report including recommendations for 

24 adjusting the riparian reserve widths 

25 on individual bodies of water and 


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1 management of the inner zones, sub2 ject to clause (iv). 

3 ‘‘(iv) REQUIREMENT.—Any adjust4 ment to a riparian reserve width rec5 ommended by the scientific committee 

6 under clause (iii)(II) shall ensure that the 

7 total area of riparian reserves in a 5th8 level hydrologic unit code watershed is not 

9 less than 75 percent, nor more than 125 

10 percent, of the total area of riparian re11 serves established under paragraph (1). 

12 ‘‘(C) PUBLIC REVIEW AND COMMENT.—On 

13 receipt of the report under subparagraph 

14 (B)(iii)(II), the Secretary shall— 

15 ‘‘(i) make the report available to the 

16 public; and 

17 ‘‘(ii) provide a period of not less than 

18 60 days for public comment regarding the 

19 recommendations contained in the report. 

20 ‘‘(D) DECISION TO ADJUST.—After taking 

21 into consideration the report under subpara22 graph (B)(iii)(II) and any public comments re23 ceived under subparagraph (C)(ii), the Sec24 retary may adjust the riparian reserve width on 

25 an individual body of water— 


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1 ‘‘(i) taking into consideration the rec2 ommendations included in the report; and 

3 ‘‘(ii) if the Secretary determines that 

4 the adjustment would be in the public in5 terest. 

6 ‘‘SEC. 5. NOTICE OF INTENT. 

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

8 date of enactment of the Oregon and California Land 

9 Grant Act of 2014, the Secretary shall publish in the Fed10 eral Register a notice of intent to prepare— 

11 ‘‘(1) the landscape prioritization plan required 

12 under section 6; and 

13 ‘‘(2) the draft comprehensive environmental im14 pact statements required under section 7 for— 

15 ‘‘(A) the Moist Forestry Emphasis Area 

16 and, of the Conservation Emphasis Areas des17 ignated under section 11— 

18 ‘‘(i) the Moist Areas Conservation 

19 Network; 

20 ‘‘(ii) the Legacy Old Growth Protec21 tion Network; 

22 ‘‘(iii) the 4 Drinking Water Special 

23 Management Units; 

24 ‘‘(iv) the Molalla National Recreation 

25 Area; 


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1 ‘‘(v) the Crabtree Valley Primitive 

2 Backcountry Area; 

3 ‘‘(vi) the Brummit Fir Primitive 

4 Backcountry Area; and 

5 ‘‘(vii) the Special Environmental 

6 Zones; and 

7 ‘‘(B) the Dry Forestry Emphasis Area 

8 and, of the Conservation Emphasis Areas des9 ignated under section 11— 

10 ‘‘(i) the Dry Areas Conservation Net11 work; 

12 ‘‘(ii) the Rogue National Recreation 

13 Area; 

14 ‘‘(iii) the Illinois Valley Salmon and 

15 Botanical Area; 

16 ‘‘(iv) the Grizzly Peak Primitive 

17 Backcountry Area; 

18 ‘‘(v) the Dakubetede Primitive 

19 Backcountry Area; 

20 ‘‘(vi) the Wellington Wildlands Primi21 tive Backcountry Area; 

22 ‘‘(vii) the Mungers Butte Primitive 

23 Backcountry Area; 

24 ‘‘(viii) the Pacific Crest Trail Cor25 ridor; and 


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1 ‘‘(ix) the Cascade-Siskiyou National 

2 Monument Expansion. 

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

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

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

6 comments regarding— 

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

8 described in subsection (a); and 

9 ‘‘(2) the impacts that the Secretary should ana10 lyze regarding the alternatives in the draft com11 prehensive environmental impact statements de12 scribed in subsection (a)(2). 

13 ‘‘(c) COORDINATION WITH PREPARATION OF LAND

14 USE PLANS.—The Secretary may issue the notice of in15 tent during, and as a part of, the development or revision 

16 of a land use plan required under section 202 of the Fed17 eral Land Policy and Management Act of 1976 (43 U.S.C. 

18 1712). 

19 ‘‘(d) EARLY INITIATION OF PLANNING AND CON20 SULTATION.—Not later than 30 days after the date on 

21 which a notice of intent is published under subsection (a), 

22 the Secretary shall— 

23 ‘‘(1) enter into a consultation agreement re24 garding the development of any information or docu25 ments required to carry out this Act with— 


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

2 Service; and 

3 ‘‘(B) the National Oceanic and Atmos4 pheric Administration; and 

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

6 to provide comments regarding the notice of in7 tent— 

8 ‘‘(A) the Environmental Protection Agen9 cy; 

10 ‘‘(B) the State of Oregon; 

11 ‘‘(C) federally recognized Indian tribes 

12 with aboriginal land in the covered area; and 

13 ‘‘(D) affected units of local government. 

14 ‘‘SEC. 6. LANDSCAPE PRIORITIZATION PLANS. 

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

16 the date of enactment of the Oregon and California Land 

17 Grant Act of 2014, and once every 10 years thereafter, 

18 as necessary, the Secretary shall develop and make avail19 able to the public a landscape prioritization plan, which 

20 shall prioritize vegetation management projects and de21 scribe activities to be performed and areas to be estab22 lished to satisfy landscape-related needs in the covered 

23 land. 

24 ‘‘(b) COMPONENTS.— 


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1 ‘‘(1) IN GENERAL.—Each landscape 

2 prioritization plan under this section shall include a 

3 description of— 

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

5 ‘‘(i) landscape-level plans depicting 

6 areas of moist forest landscape that will 

7 result in distribution of variable retention 

8 regeneration harvests to ensure desired 

9 placement and the appropriate scale of im10 plementation; and 

11 ‘‘(ii) areas that will accelerate develop12 ment of complex forest structure, including 

13 opportunities to create spatial hetero14 geneity (such as creating skips and gaps), 

15 in a young stand that has a canopy that 

16 has— 

17 ‘‘(I) closed; and 

18 ‘‘(II) been simplified through 

19 past management; and 

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

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

22 areas of dry forest landscape that will be 

23 left in a denser condition for the 30-year 

24 period beginning on the date of enactment 


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1 of the Oregon and California Land Grant 

2 Act of 2014; 

3 ‘‘(ii) areas of any dry forest that may 

4 be considered for thinning or restoration 

5 treatments beginning on the date that is 

6 30 years after the date of enactment of the 

7 Oregon and California Land Grant Act of 

8 2014; and 

9 ‘‘(iii) areas that will— 

10 ‘‘(I) minimize and reduce the risk 

11 of unnaturally severe fire and insect 

12 outbreaks, particularly if critical com13 ponents and values are at risk, includ14 ing— 

15 ‘‘(aa) communities in the 

16 wildland-urban interface (as de17 fined in section 101 of the 

18 Healthy Forests Restoration Act 

19 of 2003 (16 U.S.C. 6511)); and 

20 ‘‘(bb) valuable forest struc21 tures, such as old growth trees 

22 and oak savannas that are in 

23 need of restoration or in danger 

24 from a potential fire risk; or 


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1 ‘‘(II) restore historical structure 

2 and composition and improve fire re3 siliency. 

4 ‘‘(2) PROJECTS IN MOIST FORESTRY EMPHASIS

5 AREA.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the Secretary shall propose the gen8 eral locations in the Moist Forestry Emphasis 

9 Area in which the Secretary intends to conduct 

10 vegetation management projects during the 30- 

11 year period beginning on the date of enactment 

12 of the Oregon and California Land Grant Act 

13 of 2014. 

14 ‘‘(B) REQUIREMENTS.— 

15 ‘‘(i) IN GENERAL.—For each consecu16 tive 10-year period during the period de17 scribed in subparagraph (A), the Secretary 

18 shall plan to conduct— 

19 ‘‘(I) vegetation management 

20 projects under section 9 across stands 

21 that comprise 8 percent to 12 percent 

22 of the Moist Forestry Emphasis Area, 

23 subject to clause (ii); and 

24 ‘‘(II) thinning activities in ac25 cordance with section 9. 


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1 ‘‘(ii) VEGETATION MANAGEMENT

2 PROJECTS.—The locations of the proposed 

3 vegetation management projects under 

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

5 Bureau of Land Management districts, to 

6 the maximum extent practicable, in a man7 ner that ensures that the timber produced 

8 in a given district is approximately propor9 tional to the yield that can be produced by 

10 the forests in that district. 

11 ‘‘(3) PROJECTS IN DRY FORESTRY EMPHASIS

12 AREA.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), the Secretary shall propose the loca15 tions in the Dry Forestry Emphasis Area in 

16 which the Secretary intends to conduct vegeta17 tion management projects for each consecutive 

18 10-year period during the 30-year period begin19 ning on the date of enactment of the Oregon 

20 and California Land Grant Act of 2014. 

21 ‘‘(B) LIMITATION.—The Secretary shall 

identify the 1 22 ⁄3 of the area depicted as ‘Dry 

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

24 Act of 2014: Moist Forest and Dry Forest’ and 

25 dated July 31, 2014, in which the Secretary 


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1 will not conduct vegetation management 

2 projects in order to maintain habitat for species 

3 requiring denser forest conditions, including 

4 northern spotted owls. 

5 ‘‘(4) PROJECTS IN CONSERVATION EMPHASIS

6 AREA.—The Secretary shall propose the locations in 

7 the Conservation Emphasis Area in which the Sec8 retary intends to conduct vegetation management 

9 projects during the 30-year period beginning on the 

10 date of enactment of the Oregon and California 

11 Land Grant Act of 2014. 

12 ‘‘(c) COLLABORATION.—The Secretary shall develop 

13 the landscape prioritization plan under this section in co14 ordination with the Director of the United States Fish and 

15 Wildlife Service and the Administrator of the National 

16 Oceanic and Atmospheric Administration to ensure that 

17 the landscape prioritization plan complies with the Endan18 gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

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

20 public comments regarding the landscape prioritization 

21 plan for a period of not less than 60 days after the date 

22 on which the Secretary makes the landscape prioritization 

23 plan available to the public. 

24 ‘‘(e) REVISED PLAN.—The Secretary shall— 


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1 ‘‘(1) revise the landscape prioritization plan as 

2 the Secretary considers to be necessary, based on 

3 public comments received under subsection (d); and 

4 ‘‘(2) use and include the revised landscape 

5 prioritization plan in the draft comprehensive envi6 ronmental impact statement required under section 

7 7. 

8 ‘‘(f) COORDINATION WITH PREPARATION OF LAND

9 USE PLANS.—The Secretary shall— 

10 ‘‘(1) incorporate the landscape prioritization 

11 plan into the land use plan that is required to be 

12 prepared by the Bureau of Land Management under 

13 the Federal Land Policy and Management Act of 

14 1976 (43 U.S.C. 1701 et seq.); and 

15 ‘‘(2) implement the landscape prioritization 

16 plan regardless of whether a revision of that land 

17 use plan has been completed. 

18 ‘‘(g) REEVALUATION.—Each area established in a 

19 landscape prioritization plan pursuant to subsection (a) 

20 shall be reevaluated in the subsequent landscape 

21 prioritization plan under this section. 

22 ‘‘SEC. 7. ENVIRONMENTAL COMPLIANCE. 

23 ‘‘(a) IN GENERAL.—The Secretary shall implement 

24 each 10-years worth of vegetation management projects, 

25 including priorities and vegetation management projects 


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1 identified in a landscape prioritization plan under section 

2 6(a), in accordance with the National Environmental Pol3 icy Act of 1969 (42 U.S.C. 4321 et seq.) and the require4 ments of this section. 

5 ‘‘(b) DRAFT COMPREHENSIVE ENVIRONMENTAL IM6 PACT STATEMENTS.— 

7 ‘‘(1) IN GENERAL.—Not later than 18 months 

8 after the date of enactment of the Oregon and Cali9 fornia Land Grant Act of 2014, the Secretary shall 

10 publish in the Federal Register 2 draft comprehen11 sive environmental impact statements for the vegeta12 tion management projects proposed to be carried out 

13 during the initial 10-year period, of which— 

14 ‘‘(A) 1 shall cover the Moist Forestry Em15 phasis Area and, of the Conservation Emphasis 

16 Areas designated under section 11— 

17 ‘‘(i) the Moist Areas Conservation 

18 Network; 

19 ‘‘(ii) the Legacy Old Growth Protec20 tion Network; 

21 ‘‘(iii) the 4 Drinking Water Special 

22 Management Units; 

23 ‘‘(iv) the Molalla National Recreation 

24 Area; 


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1 ‘‘(v) the Crabtree Valley Primitive 

2 Backcountry Area; 

3 ‘‘(vi) the Brummit Fir Primitive 

4 Backcountry Area; and 

5 ‘‘(vii) the Special Environmental 

6 Zones; and 

7 ‘‘(B) 1 shall cover the Dry Forestry Em8 phasis Area and, of the Conservation Emphasis 

9 Areas designated under section 11— 

10 ‘‘(i) the Dry Areas Conservation Net11 work; 

12 ‘‘(ii) the Rogue National Recreation 

13 Area; 

14 ‘‘(iii) the Illinois Valley Salmon and 

15 Botanical Area; 

16 ‘‘(iv) the Grizzly Peak Primitive 

17 Backcountry Area; 

18 ‘‘(v) the Dakubetede Primitive 

19 Backcountry Area; 

20 ‘‘(vi) the Wellington Wildlands Primi21 tive Backcountry Area; 

22 ‘‘(vii) the Mungers Butte Primitive 

23 Backcountry Area; 

24 ‘‘(viii) the Pacific Crest Trail Cor25 ridor; and 


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1 ‘‘(ix) the Cascade-Siskiyou National 

2 Monument Expansion. 

3 ‘‘(2) ALTERNATIVES.—Each draft comprehen4 sive environmental impact statement under this sub5 section shall analyze different locations for the rel6 evant vegetation management projects under— 

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

8 ‘‘(B) 3 other alternatives that are con9 sistent with sections 9 through 12. 

10 ‘‘(3) CONSULTATION.—The Secretary shall con11 sult with the Director of the United States Fish and 

12 Wildlife Service and the Administrator of the Na13 tional Oceanic and Atmospheric Administration in 

14 developing each draft comprehensive environmental 

15 impact statement under this subsection to ensure 

16 compliance with the Endangered Species Act of 

17 1973 (16 U.S.C. 1531 et seq.)— 

18 ‘‘(A) taking into consideration the intended 

19 benefits to species and the environment from 

20 the conservation and management prescriptions 

21 on the covered land; and 

22 ‘‘(B) in a manner that covers the applica23 ble 10-year work period so as to not require re24 peated consultation for individual projects on 

25 the covered land. 


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1 ‘‘(4) ELEMENTS.—Each draft comprehensive 

2 environmental impact statement shall include an 

3 analysis of the impacts of the proposed vegetation 

4 management projects on— 

5 ‘‘(A) the economy, including— 

6 ‘‘(i) timber supply; 

7 ‘‘(ii) payments to counties; 

8 ‘‘(iii) local jobs; and 

9 ‘‘(iv) stability of local industries; 

10 ‘‘(B) water quality and quantity, includ11 ing— 

12 ‘‘(i) stream flow; 

13 ‘‘(ii) water temperature; 

14 ‘‘(iii) sedimentation; and 

15 ‘‘(iv) municipal water supplies; 

16 ‘‘(C) recreational opportunities and use; 

17 ‘‘(D) fish and wildlife, including— 

18 ‘‘(i) species listed as endangered spe19 cies or threatened species under the En20 dangered Species Act of 1973 (16 U.S.C. 

21 1531 et seq.); 

22 ‘‘(ii) aquatic species, including salm23 on; 

24 ‘‘(iii) nest trees; and 

25 ‘‘(iv) early seral habitat; 


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1 ‘‘(E) roads, including— 

2 ‘‘(i) road density; 

3 ‘‘(ii) public access, including access by 

4 neighboring landowners; and 

5 ‘‘(iii) access by employees and con6 tractors of the Bureau of Land Manage7 ment; 

8 ‘‘(F) roadless areas and land with wilder9 ness characteristics; 

10 ‘‘(G) cultural sites of federally recognized 

11 Indian tribes; 

12 ‘‘(H) the existing integrity of archeological 

13 sites; 

14 ‘‘(I) wetlands under the jurisdiction of the 

15 Corps of Engineers or delineated by the Nat16 ural Resources Conservation Service; 

17 ‘‘(J) highly erodible land; and 

18 ‘‘(K) such other topics provided to the Sec19 retary under section 5(b)(2) as the Secretary 

20 considers to be important. 

21 ‘‘(5) SPECIFIC INFORMATION FOR PROJECTS.— 

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

23 management project proposed by the Secretary, 

24 the draft comprehensive environmental impact 

25 statement shall include an identification of— 


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

2 harvested; 

3 ‘‘(ii) the approximate size and timing 

4 of the harvest in those stands; and 

5 ‘‘(iii) the specific vegetation treatment 

6 recommended for each forest stand. 

7 ‘‘(B) INCLUSION IN LANDSCAPE

8 PRIORITIZATION PLANS.—The forest stands 

9 identified under subparagraph (A) shall be 

10 mapped and included as part of the applicable 

11 landscape prioritization plan under section 6(a). 

12 ‘‘(C) ONSITE REVIEWS.—In addition to 

13 identifying forest stands under subparagraph 

14 (A), the Secretary shall conduct onsite reviews 

15 to verify, at a minimum— 

16 ‘‘(i) riparian and aquatic parameters 

17 and assessments; 

18 ‘‘(ii) any streams or aquatic resources 

19 within the specific stands; 

20 ‘‘(iii) water quality; 

21 ‘‘(iv) the presence of sensitive or spe22 cial status species and habitats; 

23 ‘‘(v) road conditions and information; 

24 and 

25 ‘‘(vi) forest stand boundaries. 


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1 ‘‘(c) PUBLIC COMMENT.—The Secretary shall solicit 

2 public comment regarding the draft comprehensive envi3 ronmental impact statements under subsection (b) during 

4 the 60-day period beginning on the date on which the Sec5 retary makes the draft comprehensive environmental im6 pact statements available to the public. 

7 ‘‘(d) FINAL COMPREHENSIVE ENVIRONMENTAL IM8 PACT STATEMENTS.—Not later than 27 months after the 

9 date of enactment of the Oregon and California Land 

10 Grant Act of 2014, the Secretary— 

11 ‘‘(1) shall prepare 2 final comprehensive envi12 ronmental impact statements for the vegetation 

13 management projects that have been identified in a 

14 draft comprehensive environmental impact statement 

15 to occur over a 10-year period, of which— 

16 ‘‘(A) 1 shall cover the Moist Forestry Em17 phasis Area and, of the Conservation Emphasis 

18 Areas designated under section 11— 

19 ‘‘(i) the Moist Areas Conservation 

20 Network; 

21 ‘‘(ii) the Legacy Old Growth Protec22 tion Network; 

23 ‘‘(iii) the 4 Drinking Water Special 

24 Management Units; 


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1 ‘‘(iv) the Molalla National Recreation 

2 Area; 

3 ‘‘(v) the Crabtree Valley Primitive 

4 Backcountry Area; 

5 ‘‘(vi) the Brummit Fir Primitive 

6 Backcountry Area; and 

7 ‘‘(vii) the Special Environmental 

8 Zones; and 

9 ‘‘(B) 1 shall cover the Dry Forestry Em10 phasis Area and, of the Conservation Emphasis 

11 Areas designated under section 11— 

12 ‘‘(i) the Dry Areas Conservation Net13 work; 

14 ‘‘(ii) the Rogue National Recreation 

15 Area; 

16 ‘‘(iii) the Illinois Valley Salmon and 

17 Botanical Area; 

18 ‘‘(iv) the Grizzly Peak Primitive 

19 Backcountry Area; 

20 ‘‘(v) the Dakubetede Primitive 

21 Backcountry Area; 

22 ‘‘(vi) the Wellington Wildlands Primi23 tive Backcountry Area; 

24 ‘‘(vii) the Mungers Butte Primitive 

25 Backcountry Area; 


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1 ‘‘(viii) the Pacific Crest Trail Cor2 ridor; and 

3 ‘‘(ix) the Cascade-Siskiyou National 

4 Monument Expansion; and 

5 ‘‘(2) shall publish in the Federal Register a no6 tice of availability of the final comprehensive envi7 ronmental impact statements; and 

8 ‘‘(3) may publish the final comprehensive envi9 ronmental impact statements in conjunction with the 

10 environmental impact assessments relating to the 

11 land use plan developed by the Bureau of Land 

12 Management for the covered land. 

13 ‘‘(e) RECORDS OF DECISION.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), not later than 60 days after the date on 

16 which a notice of availability of the final comprehen17 sive environmental impact statements is published in 

18 the Federal Register under subsection (d)(2), the 

19 Secretary shall issue a record of decision relating to 

20 the vegetation management projects analyzed in the 

21 final comprehensive environmental impact state22 ments. 

23 ‘‘(2) EXCEPTION.—If person files an objection 

24 under section 8(a)(1) relating to a final comprehen25 sive environmental impact statement, the Secretary 


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1 shall publish a record of decision for that final com2 prehensive environmental impact statement— 

3 ‘‘(A) immediately after the Secretary re4 sponds to the objection; or 

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

6 on which the Secretary modifies the final com7 prehensive environmental impact statement to 

8 reflect that objection under section 8(a)(4). 

9 ‘‘(3) ADDITIONAL ANALYSES.—The Secretary 

10 shall not be required to conduct any additional anal11 ysis under the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.) for a vegetation man13 agement project proposed to be carried out under 

14 this section, unless the proposed vegetation manage15 ment project is outside the scope of the analysis al16 ready completed in the applicable final comprehen17 sive environmental impact statement. 

18 ‘‘(4) LIMITATION.—The Secretary shall not im19 plement a vegetation management project earlier 

20 than 30 days after the date of publication of a no21 tice of initiation of the project. 

22 ‘‘(f) REEVALUATION AND MODIFICATION.— 

23 ‘‘(1) IN GENERAL.—Not later than 5 years 

24 after the date on which a record of decision is issued 

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1 agement project analyzed in a final comprehensive 

2 environmental impact statement, the Secretary— 

3 ‘‘(A) shall reevaluate the final comprehen4 sive environmental impact statement to ensure 

5 the vegetation management project is being car6 ried out in accordance with this Act and the 

7 Endangered Species Act of 1973 (16 U.S.C. 

8 1531 et seq.), based on— 

9 ‘‘(i) the monitoring assessment de10 scribed in section 15(a); and 

11 ‘‘(ii) a determination by the Director 

12 of the United States Fish and Wildlife 

13 Service and the Administrator of the Na14 tional Oceanic and Atmospheric Adminis15 tration that the vegetation management 

16 project complies with the Endangered Spe17 cies Act of 1973 (16 U.S.C. 1531 et seq.); 

18 and 

19 ‘‘(B) may amend the final comprehensive 

20 environmental impact statement or record of 

21 decision— 

22 ‘‘(i) to achieve compliance with this 

23 Act and the Endangered Species Act of 

24 1973 (16 U.S.C. 1531 et seq.); and 


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1 ‘‘(ii) after providing a period of not 

2 less than 60 days for public comment re3 garding any proposed amendment. 

4 ‘‘(2) ACTION DURING REEVALUTATION.—The 

5 Secretary shall continue to implement any ongoing 

6 vegetation management project until the date on 

7 which a relevant record of decision is amended under 

8 paragraph (1)(B). 

9 ‘‘SEC. 8. OBJECTIONS; CLAIMS; JUDICIAL REVIEW. 

10 ‘‘(a) OBJECTIONS.— 

11 ‘‘(1) IN GENERAL.—Prior to the publication of 

12 a final comprehensive environmental impact state13 ment prepared under section 7(d), during the 60-day 

14 period described in section 7(e)(1), in lieu of any 

15 other appeal that may be available, an eligible per16 son may file an objection to the final comprehensive 

17 environmental impact statement. 

18 ‘‘(2) ELIGIBILITY.—To be eligible to file an ob19 jection under paragraph (1), a person shall submit 

20 to the Secretary during the 60-day period described 

21 in section 7(c) written comments that describe the 

22 objections to the action proposed under the final 

23 comprehensive environmental impact statement. 

24 ‘‘(3) RESPONSE.—The Secretary shall respond 

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


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

2 objection is filed. 

3 ‘‘(4) AMENDMENT.—On receipt of an objection 

4 filed under paragraph (1), the Secretary may amend 

5 the final comprehensive environmental impact state6 ment to reflect the objection. 

7 ‘‘(b) CLAIMS.— 

8 ‘‘(1) IN GENERAL.—During the first 30 days of 

9 the period described in section 7(e)(4), in lieu of any 

10 other appeal that may be available, a person may file 

11 a claim to protest a proposed vegetation manage12 ment project. 

13 ‘‘(2) ELIGIBLE CAUSES OF ACTION.—A claim 

14 may only be filed under paragraph (1) if— 

15 ‘‘(A)(i) a proposed activity under the vege16 tation management project is inconsistent with 

17 a record of decision; and 

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

19 inconsistent with the impacts analyzed in the 

20 final comprehensive environmental impact state21 ment; 

22 ‘‘(B) the vegetation management project 

23 violates the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.); or 


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1 ‘‘(C)(i) unanticipated extraordinary cir2 cumstances that would result in significant neg3 ative environmental impacts exist within the 

4 boundary of a vegetation management project; 

5 and 

6 ‘‘(ii) those circumstances were not consid7 ered for additional review under section 7(f). 

8 ‘‘(3) RESPONSE.—The Secretary shall respond 

9 in writing to a claim filed under paragraph (1) not 

10 later than 30 days after the date on which the claim 

11 is filed. 

12 ‘‘(4) AMENDMENT.—On receipt of a claim filed 

13 under paragraph (1), the Secretary may— 

14 ‘‘(A) amend the scope of the vegetation 

15 management project; 

16 ‘‘(B) terminate the vegetation management 

17 project; or 

18 ‘‘(C) implement the vegetation manage19 ment project as planned. 

20 ‘‘(c) JUDICIAL REVIEW.— 

21 ‘‘(1) IN GENERAL.—A person may only chal22 lenge a covered agency action in a United States dis23 trict court by bringing a covered civil action. 

24 ‘‘(2) VENUE.—Venue for any covered civil ac25 tion shall lie in the United States District Court for 


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1 the District of Oregon or the United States District 

2 Court for the District of Columbia. 

3 ‘‘(3) STANDING.—A person shall only be eligible 

4 to bring a covered civil action under paragraph (1) 

5 if that person that filed— 

6 ‘‘(A) an objection under subsection (a)(1); 

7 or 

8 ‘‘(B) a claim under subsection (b)(1). 

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

10 this subsection shall not consider any issue in a cov11 ered civil action unless the issue has previously been 

12 raising in writing in the objection or claim described 

13 in paragraph (3). 

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

15 action shall not be maintained unless the covered 

16 civil action commenced not later than 60 days after 

17 the date on which the covered agency action to 

18 which the covered civil action relates is final. 

19 ‘‘(6) EXPEDITED PROCEEDINGS.— 

20 ‘‘(A) DISCOVERY.—Discovery shall— 

21 ‘‘(i) commence immediately after a 

22 covered civil action is commenced; and 

23 ‘‘(ii) conclude not later than 180 days 

24 after the date on which a covered civil ac25 tion is commenced. 


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1 ‘‘(B) TRIAL.—A trial shall commence not 

2 later than 180 days after the date on which the 

3 covered civil action is commenced. 

4 ‘‘(C) EXPEDITIOUS COMPLETION OF JUDI5 CIAL REVIEW.—Congress encourages a court of 

6 competent jurisdiction to expedite, to the max7 imum extent practicable, the proceedings in a 

8 covered civil action with the goal of rendering 

9 a final determination on the merits of the cov10 ered civil action as soon as practicable after the 

11 date on which a complaint or appeal is filed to 

12 initiate the action. 

13 ‘‘(7) APPLICABILITY.—Except as otherwise pro14 vided in this section, judicial review of a covered 

15 agency action shall be conducted in accordance with 

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

17 5, United States Code (commonly known as the ‘Ad18 ministrative Procedure Act’). 

19 ‘‘(8) INJUNCTIONS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (C), the period of any preliminary injunc22 tion and any stay pending appeal relating to a 

23 covered agency action shall not exceed 60 days. 

24 ‘‘(B) BALANCING OF SHORT- AND LONG25 TERM EFFECTS.—As part of the weighing of 


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1 the equities while considering any request for 

2 an injunction that applies to the covered agency 

3 action, the court shall balance the short- and 

4 long-term impacts on the ecosystem likely to be 

5 caused— 

6 ‘‘(i) by undertaking the covered agen7 cy action; and 

8 ‘‘(ii) by not undertaking the covered 

9 agency action. 

10 ‘‘(C) RENEWALS.— 

11 ‘‘(i) IN GENERAL.—A court of com12 petent jurisdiction may issue 1 or more re13 newals of any preliminary injunction or 

14 stay pending appeal issued under subpara15 graph (A). 

16 ‘‘(ii) UPDATES.—For each renewal of 

17 an injunction or stay pending appeal under 

18 this subparagraph, the parties to the cov19 ered civil action shall submit to the court 

20 updated information on the status of the 

21 covered agency action that is the basis of 

22 the covered civil action. 

23 ‘‘SEC. 9. MOIST FORESTRY EMPHASIS AREA. 

24 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) CONFORMITY WITH PRINCIPLE OF SUS2 TAINED YIELD.—Timber from the Moist Forestry 

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

4 conformity with the principle of sustained yield. 

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

6 shall maintain the highest consistent timber produc7 tion levels that can be sustained under the manage8 ment intensity described in this section. 

9 ‘‘(3) CALCULATION.— 

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

11 calculate— 

12 ‘‘(i) the quantity of timber that the 

13 Secretary can produce consistently and 

14 permanently; and 

15 ‘‘(ii) the quantity of other timber the 

16 Secretary can produce, as part of the 

17 Moist Forestry Emphasis Area and the 

18 portions of the Conservation Emphasis 

19 Area, as described in the draft comprehen20 sive environmental impact statement under 

21 section 7(b)(1)(A). 

22 ‘‘(B) REQUIREMENTS.—The Secretary 

23 shall— 


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1 ‘‘(i) calculate the quantities under 

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

3 10-year increments; and 

4 ‘‘(ii) in calculating that quantity, not 

5 include the volume of timber that could be 

6 offered from riparian reserves established 

7 under section 4. 

8 ‘‘(b) MANAGEMENT OF MOIST FORESTRY EMPHASIS

9 AREA.— 

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

11 Areas shall be managed in accordance with the prin12 ciples of ecological forestry (including principles re13 lating to variable retention regeneration harvests) 

14 described in paragraph (2). 

15 ‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES FOR

16 MOIST FORESTRY EMPHASIS AREAS.—The ecological 

17 forestry principles referred to in paragraph (1) in18 clude— 

19 ‘‘(A) the retention of old growth; 

20 ‘‘(B) the seeking of opportunities to retain 

21 older trees, if practicable; 

22 ‘‘(C) the acceleration of the development of 

23 structural complexity, including spatial hetero24 geneity, in younger stands, through the use of 


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1 diverse silvicultural approaches, such as vari2 able density and clump-based prescriptions; 

3 ‘‘(D) the implementation of variable reten4 tion regeneration harvesting activities that retain approximately 1 5 ⁄3 of the live basal area of 

6 the forest within the harvest area, primarily in 

7 aggregates, including— 

8 ‘‘(i) riparian and other reserves; and 

9 ‘‘(ii) dispersed individual and small 

10 clusters of conifers and hardwoods within 

11 the harvest area unit, a portion of which 

12 may be used for snag creation, except that 

13 old growth stands shall not be considered 

as part of the 1 14 ⁄3 basal area retention; 

15 ‘‘(E) the development and maintenance of 

16 early seral ecosystems with diverse species fol17 lowing harvesting activities through the use of 

18 less intense approaches to site preparation and 

19 tree regeneration and nurturing of diverse early 

20 seral ecosystems; 

21 ‘‘(F) the use of rotations of sufficient 

22 length to allow stands to redevelop with levels 

23 of structural complexity and biodiversity char24 acteristics of late-successional stands, on the 

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1 tion age of the stands, the stands will be regen2 erated through variable-retention harvesting; 

3 and 

4 ‘‘(G) the establishment of a silvicultural 

5 system that includes the development and man6 agement of multiaged, mixed-species stands on 

7 harvest rotation periods of 80 to 120 years. 

8 ‘‘(3) VARIABLE RETENTION REGENERATION.— 

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

10 designate not less than 8 percent and not great11 er than 12 percent of the moist forests de12 scribed in paragraph (1) as land on which the 

13 Secretary shall carry out during each 10-year 

14 period variable retention regeneration har15 vesting activities, consistent with— 

16 ‘‘(i) this section; 

17 ‘‘(ii) section 7(a); and 

18 ‘‘(iii) the environmental impact state19 ment required under the National Environ20 mental Policy Act of 1969 (42 U.S.C. 

21 4321 et seq.). 

22 ‘‘(B) APPLICABILITY.—The moist forests 

23 designated as variable retention regeneration 

24 harvest land under subparagraph (A) shall not 


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1 be limited to stands that have generally reached 

2 the culmination of mean annual increment. 

3 ‘‘(4) THINNING.— 

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

5 carry out thinning activities in the moist forests 

6 described in paragraph (1) to promote tree 

7 growth and ecological health and variability. 

8 ‘‘(B) GOALS.—The goal of thinning activi9 ties under this paragraph shall be to establish 

10 spatially variable stand densities and complex 

11 canopies using thinning regimes that enhance 

12 the structural and compositional diversity of the 

13 stand and individual tree development. 

14 ‘‘(C) LIMITATIONS.— 

15 ‘‘(i) IN GENERAL.—In carrying out 

16 thinning activities under this paragraph, 

17 the Secretary shall not reduce the total 

18 basal area of the stand (as determined on 

19 the date on which the thinning activities 

20 commence) by greater than 50 percent. 

21 ‘‘(ii) OLD GROWTH TREES.—The Sec22 retary shall exclude old growth trees from 

23 thinning activities under this paragraph. 

24 ‘‘(5) EXCEPTION.—The Secretary may harvest 

25 a stand that has not reached the culmination of 


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1 mean annual increment in order to offer the quan2 tity of timber calculated under subsection (a)(3). 

3 ‘‘(c) ROADS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall not in5 crease the total quantity of mileage of permanent, 

6 system roads that are operational in the Moist For7 estry Emphasis Area to a quantity greater than the 

8 quantity of mileage in existence on the date of enact9 ment of the Oregon and California Land Grant Act 

10 of 2014. 

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

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

13 carry out a vegetation management project 

14 under this Act; and 

15 ‘‘(B) subject to the availability of appro16 priations and to the maximum extent prac17 ticable without causing an increase in costs as18 sociated with vegetation management projects, 

19 shall reduce the quantity of mileage of system 

20 roads. 

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

22 availability of appropriations, the Secretary shall an23 nually reduce the total quantity of mileage of non24 system roads. 


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

2 constructs a temporary road as part of a vegetation 

3 management project, the Secretary shall close and 

4 decommission the temporary road not later than the 

5 earlier of— 

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

7 on which the activity for which the temporary 

8 road was constructed is completed; and 

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

10 on which the vegetation management project is 

11 completed. 

12 ‘‘SEC. 10. DRY FORESTRY EMPHASIS AREA. 

13 ‘‘(a) IN GENERAL.—The Secretary shall manage the 

14 Dry Forestry Emphasis Area to increase the resiliency of 

15 the stands by reducing the risk from severe wildfires, 

16 droughts, and insect or disease outbreaks. 

17 ‘‘(b) REQUIREMENTS.—The Secretary shall maintain 

18 or restore conditions of tree density, tree composition, and 

19 tree size distribution that will result in a stand with a high 

20 level of resistance and resilience to wildfire, drought, and 

21 insect attack. 

22 ‘‘(c) PRIORITY.—In carrying out vegetation manage23 ment projects, the Secretary shall give priority to areas 

24 that contain important components, including— 


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

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

5 growth trees and oak savannas that are in need of 

6 restoration or are in danger from potential fire risk. 

7 ‘‘(d) MANAGEMENT OF DRY FORESTRY EMPHASIS

8 AREAS.— 

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

10 Areas shall be managed in accordance with— 

11 ‘‘(A) ecological forestry principles de12 scribed in paragraph (2); and 

13 ‘‘(B) as determined necessary by the Sec14 retary, with fire resiliency needs, consistent 

15 with this subsection. 

16 ‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES IN

17 DRY FORESTS.—The ecological forestry principles re18 ferred to in paragraph (1) include— 

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

20 survivability of old growth trees through the re21 duction of adjacent fuels and competing vegeta22 tion to promote resilience against mortality 

23 from insects, disease, and fire; 


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1 ‘‘(B) the retention and protection of impor2 tant structures such as large hardwoods, snags, 

3 and logs; 

4 ‘‘(C) the reduction of overall stand den5 sities through partial cutting in an effort— 

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

7 levels, particularly in overstocked stands; 

8 ‘‘(ii) to increase the mean stand di9 ameter; 

10 ‘‘(iii) to shift the composition of 

11 stands to fire- and drought-tolerant spe12 cies; and 

13 ‘‘(iv) to retain older trees for replace14 ment purposes; 

15 ‘‘(D) the restoration of spatial hetero16 geneity through the variation of the treatment 

17 of stands, such as by leaving untreated patches, 

18 creating openings of not more than 2.5 acres, 

19 and establishing tree clumps and isolated single 

20 trees; 

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

22 of shade-intolerant species in created openings, 

23 generally varying in size between 0.2 and 2.5 

24 acres; 


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

2 restoration process; 

3 ‘‘(G) the maintenance of sustainable and 

4 fire-resilient conditions in perpetuity through 

5 active management of the dry forests in accord6 ance with this subsection, including the treat7 ment of activity fuels and the restoration of his8 toric levels of surface fuels and understory vege9 tation using prescribed fire and mechanical ac10 tivities; 

11 ‘‘(H) the planning and implementation of 

12 activities at the landscape level to maintain not 

less than 1 13 ⁄3 of the dry forests as denser land14 scape-scale patches to provide greater forest 

15 density for endangered and threatened species 

16 and the prey of those species; and 

17 ‘‘(I) the retention of a basal area after a 

18 partial cut that is not less than 35 percent of 

19 the initial basal area of the sale area. 

20 ‘‘(e) ROADS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall not in22 crease the total quantity of mileage of system roads 

23 that are operational in the Dry Forestry Emphasis 

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1 age in existence on the date of enactment of the Or2 egon and California Land Grant Act of 2014. 

3 ‘‘(2) SYSTEM ROADS.—The Secretary— 

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

5 carry out a vegetation management project; and 

6 ‘‘(B) subject to the availability of appro7 priations, shall decommission or place into stor8 age all system roads that the Secretary has not 

9 planned to use in the next 10 years for vegeta10 tion management projects or administrative 

11 purposes. 

12 ‘‘(3) NONSYSTEM ROADS.—Subject to the avail13 ability of appropriations, the Secretary shall annu14 ally reduce the total quantity of mileage of non15 system roads. 

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

17 constructs a temporary road as part of a vegetation 

18 management project, the Secretary shall close and 

19 decommission the temporary road not later than the 

20 earlier of— 

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

22 on which the activity for which the temporary 

23 road was constructed is completed; and 


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

2 on which the vegetation management project is 

3 completed. 

4 ‘‘SEC. 11. CONSERVATION EMPHASIS AREAS. 

5 ‘‘(a) CONSERVATION NETWORKS.—To provide gen6 eral ecological benefits and protect conservation values, 

7 the following areas in the State of Oregon are designated 

8 as conservation networks for management by the Sec9 retary in accordance with subsection (h): 

10 ‘‘(1) DRY AREAS CONSERVATION NETWORK.— 

11 The approximately 132,000 acres of land managed 

12 by the Secretary, as depicted as ‘Dry Areas Con13 servation Network’ on the map entitled ‘O & C Land 

14 Grant Act of 2014: Conservation Networks’ and 

15 dated July 31, 2014, which is designated as the 

16 ‘Dry Areas Conservation Network’, the purpose of 

17 which is to create dry forest reserves that provide 

18 ecological benefits and protect conservation values, 

19 including providing old growth and late successional 

20 habitat, aquatic and riparian protection, fish and 

21 wildlife benefits, recreational and educational oppor22 tunities, and other natural processes needed for the 

23 healthy functioning of the ecosystem. 

24 ‘‘(2) MOIST AREAS CONSERVATION NETWORK.— 

25 The approximately 403,000 acres of land managed 


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1 by the Secretary, as depicted as ‘Moist Areas Con2 servation Network’ on the map entitled ‘O & C Land 

3 Grant Act of 2014: Conservation Networks’ and 

4 dated July 31, 2014, which is designated as the 

5 ‘Moist Areas Conservation Network’, the purpose of 

6 which is to create moist forest reserves that provide 

7 ecological benefits and protect conservation values, 

8 including providing old growth and late successional 

9 habitat, aquatic and riparian protection, fish and 

10 wildlife benefits, recreational and educational oppor11 tunities, and other natural processes needed for the 

12 healthy functioning of the ecosystem. 

13 ‘‘(b) LEGACY OLD GROWTH PROTECTION NET14 WORK.—The approximately 480,000 acres of land man15 aged by the Secretary, as depicted on the map entitled 

16 ‘O & C Land Grant Act of 2014: Legacy Old Growth Pro17 tection Network’ and dated July 31, 2014, which is des18 ignated as the ‘Legacy Old Growth Protection Network’, 

19 the purpose of which is to protect and preserve stands 

20 that, as of the date of enactment of the Oregon and Cali21 fornia Land Grant Act of 2014, are at least 120 years 

22 old and shall be managed by the Secretary in a manner 

23 that does not allow harvesting of any tree within the area. 

24 ‘‘(c) SPECIAL MANAGEMENT UNITS.— 


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1 ‘‘(1) DESIGNATION.—To ensure the protection 

2 of the watersheds as a source of clean drinking 

3 water, to safeguard the water quality and quantity 

4 in the areas, and to allow visitors to enjoy the spe5 cial scenic, natural, cultural, and fish and wildlife 

6 values of the watersheds, the following areas in the 

7 State of Oregon are designated as special manage8 ment units for special management by the Secretary 

9 in accordance with subsection (h) and this sub10 section: 

11 ‘‘(A) MCKENZIE DRINKING WATER SPE12 CIAL MANAGEMENT UNIT.—The approximately 

13 12,042 acres of land managed by the Secretary, 

14 as depicted on the map entitled ‘O&C Land 

15 Grant Act of 2014:McKenzie Source Water 

16 Emphasis Area’ and dated July 31, 2014, 

17 which is designated as the ‘McKenzie Drinking 

18 Water Special Management Unit’. 

19 ‘‘(B) HILLSBORO DRINKING WATER SPE20 CIAL MANAGEMENT UNIT.—The approximately 

21 1,243 acres of land managed by the Secretary, 

22 as depicted on the map entitled ‘O&C Land 

23 Grant Act of 2014: Hillsboro Source Water 

24 Emphasis Area’ and dated July 31, 2014, 


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1 which is designated as the ‘Hillsboro Drinking 

2 Water Special Management Unit’. 

3 ‘‘(C) CLACKAMAS DRINKING WATER SPE4 CIAL MANAGEMENT UNIT.—The approximately 

5 416 acres of land managed by the Secretary, as 

6 depicted on the map entitled ‘O&C Land Grant 

7 Act of 2014: Clackamas Source Water Empha8 sis Area’ and dated July 31, 2014, which is 

9 designated as the ‘Clackamas Drinking Water 

10 Special Management Unit’. 

11 ‘‘(D) SPRINGFIELD DRINKING WATER SPE12 CIAL MANAGEMENT UNIT.—The approximately 

13 3,161 acres of land managed by the Secretary, 

14 as depicted on the map entitled ‘O&C Land 

15 Grant Act of 2014: Springfield Source Water 

16 Emphasis Area’ and dated July 31, 2014, 

17 which is designated as the ‘Springfield Drinking 

18 Water Special Management Unit’. 

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

20 shall not be allowed within a special management 

21 unit designated by paragraph (1). 

22 ‘‘(d) NATIONAL RECREATION AREAS.—To protect, 

23 conserve, and enhance the unique and nationally impor24 tant recreational, ecological, scenic, cultural, watershed, 

25 and fish and wildlife values of the areas, the following 


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1 areas in the State of Oregon are designated as recreation 

2 areas for management by the Secretary in accordance with 

3 subsection (h): 

4 ‘‘(1) ROGUE NATIONAL RECREATION AREA.— 

5 The approximately 94,700 acres of Bureau of Land 

6 Management land, as depicted on the map entitled 

7 ‘O&C Land Grant Act of 2014: Rogue National 

8 Recreation Area’ and dated July 31, 2014, which is 

9 designated as the ‘Rogue National Recreation Area’. 

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

11 The approximately 24,100 acres of Bureau of Land 

12 Management land, as depicted on the map entitled 

13 ‘O&C Land Grant Act of 2014: Molalla National 

14 Recreation Area’ and dated July 31, 2014, which is 

15 designated as the ‘Molalla National Recreation 

16 Area’. 

17 ‘‘(e) SPECIAL MANAGEMENT AREAS.—To provide for 

18 the protection, preservation and enhancement of the nat19 ural character, scientific use, and the botanical, rec20 reational, ecological, fish and wildlife, scenic, and cultural 

21 values of the areas and to preserve opportunities for primi22 tive recreation in areas in which preservation is prac23 ticable, the following areas in the State of Oregon are des24 ignated for special management by the Secretary in ac25 cordance with subsection (h): 


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1 ‘‘(1) ILLINOIS VALLEY SALMON AND BOTANICAL

2 SPECIAL MANAGEMENT AREA.—The approximately 

3 7,200 acres of Bureau of Land Management land, 

4 as depicted on the map entitled ‘O&C Land Grant 

5 Act of 2014: Illinois Valley Salmon and Botanical 

6 Area’ and dated July 31, 2014, which is designated 

7 as the ‘Illinois Valley Salmon and Botanical Special 

8 Management Area’. 

9 ‘‘(2) GRIZZLY PEAK PRIMITIVE BACKCOUNTRY

10 SPECIAL MANAGEMENT AREA.—The approximately 

11 2,100 acres of Bureau of Land Management land, 

12 as depicted on the map entitled ‘O&C Land Grant 

13 Act of 2014: Grizzly Peak Primitive Backcountry 

14 Area’ and dated July 31, 2014, which is designated 

15 as the ‘Grizzly Peak Primitive Backcountry Special 

16 Management Area’. 

17 ‘‘(3) DAKUBETEDE PRIMITIVE BACKCOUNTRY

18 SPECIAL MANAGEMENT AREA.—The approximately 

19 21,200 acres of Bureau of Land Management land, 

20 as depicted on the map entitled ‘O&C Land Grant 

21 Act of 2014: Dakubetede Primitive Backcountry 

22 Area’ and dated July 31, 2014, which is designated 

23 as the ‘Dakubetede Primitive Backcountry Special 

24 Management Area’. 


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1 ‘‘(4) WELLINGTON WILDLANDS PRIMITIVE

2 BACKCOUNTRY SPECIAL MANAGEMENT AREA.—The 

3 approximately 5,700 acres of Bureau of Land Man4 agement land, as depicted on the map entitled ‘O&C 

5 Land Grant Act of 2014: Wellington Wildlands 

6 Primitive Backcountry Area’ and dated July 31, 

7 2014, which is designated as the ‘Wellington 

8 Wildlands Primitive Backcountry Special Manage9 ment Area’. 

10 ‘‘(5) MUNGERS BUTTE PRIMITIVE

11 BACKCOUNTRY SPECIAL MANAGEMENT AREA.—The 

12 approximately 10,200 acres of Bureau of Land Man13 agement land, as depicted on the map entitled ‘O&C 

14 Land Grant Act of 2014: Mungers Butte Primitive 

15 Backcountry Area’ and dated July 31, 2014, which 

16 is designated as the ‘Mungers Butte Primitive 

17 Backcountry Special Management Area’. 

18 ‘‘(6) BRUMMIT FIR PRIMITIVE BACKCOUNTRY

19 SPECIAL MANAGEMENT AREA.—The approximately 

20 2,000 acres of Bureau of Land Management land, 

21 as depicted on the map entitled ‘O&C Land Grant 

22 Act of 2014: Brummit Fir Primitive Backcountry 

23 Area’ and dated July 31, 2014, which is designated 

24 as the ‘Brummit Fir Primitive Backcountry Special 

25 Management Area’. 


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1 ‘‘(7) CRABTREE VALLEY PRIMITIVE

2 BACKCOUNTRY SPECIAL MANAGEMENT AREA.—The 

3 approximately 2,100 acres of Bureau of Land Man4 agement land, as depicted on the map entitled ‘O&C 

5 Land Grant Act of 2014: Crabtree Valley Primitive 

6 Backcountry Area’ and dated July 31,2014, which is 

7 designated as the ‘Crabtree Valley Primitive 

8 Backcountry Special Management Area’. 

9 ‘‘(8) SPECIAL ENVIRONMENTAL ZONE SPECIAL

10 MANAGEMENT AREA.—The approximately 95,767 

11 acres of land administered by the Secretary, as de12 picted on the map entitled ‘O&C Land Grant Act of 

13 2014: Special Environmental Zones’ and dated July 

14 31, 2014, which is designated as the ‘Special Envi15 ronmental Zone Special Management Area’. 

16 ‘‘(f) CASCADE-SISKIYOU NATIONAL MONUMENT EX17 PANSION.—Subject to valid existing rights, the Secretary 

18 shall administer the approximately 2,050 acres of land ad19 ministered by the Director of the Bureau of Land Man20 agement depicted on the map entitled ‘O&C Land Grant 

21 Act of 2014: Cascade-Siskiyou National Monument Ex22 pansion and Pacific Crest Trail Protection Corridor’ and 

23 dated July 31, 2014, as part of the Cascade-Siskiyou Na24 tional Monument. 


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1 ‘‘(g) PACIFIC CREST TRAIL PROTECTION COR2 RIDOR.— 

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

4 the State of Oregon a trail corridor for the Pacific 

5 Crest National Scenic Trail, to be known as the ‘Pa6 cific Crest Trail Protection Corridor’, consisting of 

7 certain Bureau of Land Management land located 

within approximately 1 8 ⁄4 mile on either side of the 

9 Pacific Crest National Scenic Trail, as depicted on 

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

11 Cascade-Siskiyou National Monument Expansion 

12 and Pacific Crest Trail Protection Corridor’ and 

13 dated July 31, 2014, to be managed by the Sec14 retary in accordance with subsection (h). 

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

16 Crest Trail Protection Corridor are to protect and 

17 enhance the recreational, scenic, historic, and wild18 life values of the Pacific Crest National Scenic Trail 

19 in as natural and undeveloped a state as practicable. 

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

21 the Pacific Crest Trail Protection Corridor or within 

22 the Pacific Crest Trail Protection Corridor shall be 

23 limited to those necessary for the proper use and ad24 ministration of adjacent public land, as determined 

25 by the Secretary in applicable management plans. 


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1 ‘‘(h) ADMINISTRATION.— 

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

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

4 after the date of enactment of the Oregon and 

5 California Land Grant Act of 2014, the Sec6 retary shall a prepare a map and legal descrip7 tion of each Conservation Emphasis Area. 

8 ‘‘(B) EFFECT.—The maps and legal de9 scriptions prepared under subparagraph (A) 

10 shall have the same force and effect as if in11 cluded in this Act, except that the Secretary 

12 may correct any minor errors in the maps and 

13 legal descriptions. 

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

15 and legal descriptions prepared under subpara16 graph (A) shall be available for public inspec17 tion in the appropriate offices of the Bureau of 

18 Land Management. 

19 ‘‘(2) ADMINISTRATION.— 

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

21 shall administer each Conservation Emphasis 

22 Area— 

23 ‘‘(i) in a manner that conserves, pro24 tects, and enhances the resources and valVerDate Mar 15 2010 03:07 Aug 08, 2014 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S2734.IS S2734

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1 ues of the Conservation Emphasis Area; 

2 and 

3 ‘‘(ii) in accordance with— 

4 ‘‘(I) this subsection; 

5 ‘‘(II) the Federal Land Policy 

6 and Management Act of 1976 (43 

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

8 ‘‘(III) any other applicable Fed9 eral laws. 

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

11 allow uses of a Conservation Emphasis Area 

12 that are consistent with the purposes and val13 ues for which the Conservation Emphasis Area 

14 is established. 

15 ‘‘(C) WITHDRAWAL.—Subject to valid ex16 isting rights, all Federal surface and subsurface 

17 land within a Conservation Emphasis Area is 

18 withdrawn from— 

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

20 or disposal under the public land laws; 

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

22 the mining laws; and 

23 ‘‘(iii) operation under the mineral 

24 leasing and geothermal leasing laws. 


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

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

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

6 of motorized vehicles within the Conservation Em7 phasis Area (other than a conservation network des8 ignated by subsection (a)) shall be limited to roads 

9 allowed by the Secretary for such use, provided that 

10 the Secretary may allow off-road vehicle use in des11 ignated portions of the areas designated by this sec12 tion. 

13 ‘‘(5) FOREST MANAGEMENT.— 

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

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

18 removal of timber may be permitted— 

19 ‘‘(i) to the extent necessary to im20 prove the health of a forest in a manner 

21 that— 

22 ‘‘(I) maximizes the retention of 

23 large trees— 

24 ‘‘(aa) as appropriate for the 

25 forest type; and 


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1 ‘‘(bb) to the extent that the 

2 trees promote stands that are fire 

3 resilient and healthy; 

4 ‘‘(II) improves the habitats of 

5 threatened or endangered species or 

6 species considered sensitive by the 

7 Secretary over the long term after 

8 completion of the timber removal 

9 project; 

10 ‘‘(III) maintains or restores the 

11 composition and structure of the eco12 system by reducing the risk of 

13 uncharacteristic wildfire; or 

14 ‘‘(IV) in the case of harvests in 

15 moist forest sites, is conducted— 

16 ‘‘(aa) through variable den17 sity and clump based thinning; 

18 ‘‘(bb) in stands up to 80 

19 years of age to accelerate the de20 velopment of structurally complex 

21 forest conditions; and 

22 ‘‘(cc) in a manner that re23 tains older trees and old growth 

24 trees; 


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1 ‘‘(ii) to carry out an approved man2 agement activity in furtherance of the pur3 poses for which the Conservation Emphasis 

4 Area was established, if the cutting, sale, 

5 or removal of timber is incidental to the 

6 management activity; or 

7 ‘‘(iii) for de minimis personal or ad8 ministrative use within the Conservation 

9 Emphasis Area, if the use would not im10 pact the purposes for which the Conserva11 tion Emphasis Area was established. 

12 ‘‘(B) EXCEPTIONS.—Notwithstanding sub13 paragraph (A), forest thinning and vegetation 

14 treatments may be permitted in a special man15 agement area designated by subsection (e), if 

16 the purpose of the treatments is— 

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

18 in which the forest is threatened by fire, 

19 an insect outbreak, or disease; 

20 ‘‘(ii) to improve or maintain rec21 reational facilities and opportunities; or 

22 ‘‘(iii) to protect public health or safe23 ty. 


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1 ‘‘SEC. 12. LAND OWNERSHIP CONSOLIDATIONS. 

2 ‘‘(a) IN GENERAL.—The Secretary shall seek to con3 solidate Federal land and non-Federal land by exchanging 

4 or conveying covered land and by acquiring non-Federal 

5 land to create more contiguous blocks of land under the 

6 jurisdiction of the Secretary— 

7 ‘‘(1) to facilitate the administration of the 

8 Moist Forestry Emphasis Area or Dry Forestry Em9 phasis Area; or 

10 ‘‘(2) to better provide for the management ob11 jectives of the Conservation Emphasis Areas. 

12 ‘‘(b) REVIEW.—Not later than 270 days after the 

13 date of enactment of the Oregon and California Land 

14 Grant Act of 2014, the Secretary shall review and inven15 tory the Moist Forestry Emphasis Area to identify any 

16 public land in the Moist Forestry Emphasis Area that— 

17 ‘‘(1) as the result of location or other char18 acteristic, is no longer necessary or appropriate for 

19 continued Federal management in accordance with 

20 this Act; or 

21 ‘‘(2) is determined to facilitate achieving any of 

22 the purposes described in subsection (a). 

23 ‘‘(c) LAND EXCHANGES.—In accordance with section 

24 206 of the Federal Land Policy and Management Act of 

25 1976 (43 U.S.C. 1716), the Secretary may exchange Fed26 eral land in the Moist Forestry Emphasis Area or the Dry 


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1 Forestry Emphasis Area or interests in the Federal land 

2 for adjacent non-Federal land or interests in the non-Fed3 eral land if— 

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

5 habitat for a species listed under the Endangered 

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

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

8 landscape prioritization plan developed under section 

9 6(a); 

10 ‘‘(3) the Secretary determines that the land ex11 change would facilitate the administration of the 

12 Moist Forestry Emphasis Area or Dry Forestry Em13 phasis Area; and 

14 ‘‘(4) the Secretary determines that the land ex15 change is in the public interest. 

16 ‘‘(d) SALE OF COVERED LAND.— 

17 ‘‘(1) ESTABLISHMENT.—In accordance with the 

18 applicable land use plan prepared under section 202 

19 of the Federal Land Policy and Management Act of 

20 1976 (43 U.S.C. 1712), the Secretary shall establish 

21 a program to complete appraisals and satisfy other 

22 legal requirements for the sale of covered land and 

23 the acquisition of non-Federal land under this sub24 section. 


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1 ‘‘(2) DISPOSAL.—In accordance with sections 

2 203 and 209 of the Federal Land Policy and Man3 agement Act of 1976 (43 U.S.C. 1713, 1719), the 

4 Secretary may sell not more than 50,000 acres of 

5 covered land. 

6 ‘‘(3) PRIORITY SALES.— 

7 ‘‘(A) IN GENERAL.—In determining which 

8 parcels of covered land to sell under this sec9 tion, the Secretary— 

10 ‘‘(i) shall sell parcels of covered land 

11 that are not contiguous to other land in 

12 the Moist Forestry Emphasis Area to fa13 cilitate the administration of the Moist 

14 Forestry Emphasis Area; 

15 ‘‘(ii) shall sell parcels of covered land 

16 that are not contiguous to other land in 

17 the Dry Forestry Emphasis Area to facili18 tate the administration of the Dry For19 estry Emphasis Area; and 

20 ‘‘(iii) may seek to fulfill the manage21 ment objectives for the Conservation Em22 phasis Areas by selling parcels of land in 

23 the Conservation Emphasis Areas identi24 fied as candidates for disposal on the list 

25 prepared under subparagraph (B)(i). 


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1 ‘‘(B) CONSERVATION EMPHASIS AREAS.— 

2 ‘‘(i) LIST.—A parcel of land in a Con3 servation Emphasis Area may be sold 

4 under subparagraph (A)(iii) if the parcel is 

5 identified as a candidate for disposal on a 

6 list prepared by a committee established 

7 under clause (ii) that identifies parcels in 

8 the Conservation Emphasis Areas that do 

9 not align with the management objectives 

10 for the Conservation Emphasis Areas es11 tablished under section 11. 

12 ‘‘(ii) COMMITTEE.—A committee re13 ferred to in clause (i) is a committee estab14 lished by the Secretary that is comprised 

15 of at least— 

16 ‘‘(I) 1 member that is a fish and 

17 wildlife expert; 

18 ‘‘(II) 1 member that is a forestry 

19 expert; 

20 ‘‘(III) I member that represents 

21 a conservation organization; 

22 ‘‘(IV) 1 member that represents 

23 the State of Oregon; and 


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1 ‘‘(V) 1 member that represents a 

2 unit of local government in the State 

3 of Oregon. 

4 ‘‘(4) LIMITATION.—The Secretary shall not sell 

5 covered land under this subsection that has been 

6 identified as critical habitat for a species listed 

7 under the Endangered Species Act of 1973 (16 

8 U.S.C. 1531 et seq.). 

9 ‘‘(e) RECREATION AND PUBLIC PURPOSES CONVEY10 ANCES.—The Secretary may elect to convey land in a Con11 servation Emphasis Area to the State of Oregon or a unit 

12 of local government in the State of Oregon pursuant to 

13 the Act of June 14, 1926 (commonly known as the ‘Recre14 ation and Public Purposes Act’) (43 U.S.C. 869 et seq.). 

15 ‘‘(f) USE OF PROCEEDS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding any other 

17 provision of law, the gross proceeds from a sale of 

18 covered land under this section shall— 

19 ‘‘(A) in the case of covered land sold with20 in the Moist Forestry Emphasis Area, be depos21 ited into a separate account in the Treasury to 

22 be known as the ‘O&C Land—Moist Forestry 

23 Emphasis Area Acquisition Account’; 

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1 ited into a separate account in the Treasury to 

2 be known as the ‘O&C Land—Dry Forestry 

3 Emphasis Area Acquisition Account’; and 

4 ‘‘(C) in the case of covered land sold with5 in a Conservation Emphasis Area, be deposited 

6 into a separate account in the Treasury to be 

7 known as the ‘O&C Land—Conservation Em8 phasis Area Acquisition Account’. 

9 ‘‘(2) AVAILABILITY.— 

10 ‘‘(A) IN GENERAL.—Amounts in the ac11 counts described in paragraph (1) shall be 

12 available to the Secretary until expended, with13 out further appropriation, to acquire, in accord14 ance with section 205 of the Federal Land Pol15 icy and Management Act of 1976 (43 U.S.C. 

16 1715), non-Federal land or interests in non17 Federal land from willing sellers, if acquisition 

18 of the non-Federal land would meet 1 or more 

19 of the purposes described in subsection (a). 

20 ‘‘(B) CONSULTATION REQUIRED.— 

21 ‘‘(i) IN GENERAL.—To determine 

22 whether an acquisition of non-Federal land 

23 under subparagraph (A) is in the public in24 terest, the Secretary shall consult with and 

25 consider comments from— 


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1 ‘‘(I) the State of Oregon; 

2 ‘‘(II) the unit of local government 

3 that has jurisdiction over the area in 

4 which the non-Federal land is located; 

5 ‘‘(III) the Director of the United 

6 States Fish and Wildlife Service; 

7 ‘‘(IV) the Director of the Na8 tional Marine Fisheries Service; and 

9 ‘‘(V) the public. 

10 ‘‘(ii) APPLICABLE LAW.—Consultation 

11 required under clause (i) shall be in addi12 tion to any other consultation required by 

13 law. 

14 ‘‘(3) ADMINISTRATIVE EXPENSES.—An amount 

15 not to exceed 20 percent of the amounts deposited 

16 in the accounts described in paragraph (1) may be 

17 used by the Secretary for administrative and other 

18 expenses necessary to carry out the activities author19 ized in this section. 

20 ‘‘(g) BALANCE IN ACCOUNTS.—The Secretary shall 

21 administer the balance in the accounts described in sub22 section (f)(1) as follows: 

23 ‘‘(1) The Secretary shall not complete the sale 

24 of more than 5,000 acres of the land identified 

25 under subsection (b) prior to obligating funds from 


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1 the accounts described in subsection (f)(1) for the 

2 acquisition of at least 1 parcel. 

3 ‘‘(2) The Secretary shall seek to keep the bal4 ances in the accounts described in subsection (f)(1) 

5 low by using the funds in the accounts to acquire 

6 parcels as soon as practicable. 

7 ‘‘(h) ACQUIRED LAND.— 

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

9 Secretary shall administer any land or interest in 

10 land acquired using funds from the O&C Land— 

11 Moist Forestry Emphasis Area Acquisition Account 

12 in accordance with section 9. 

13 ‘‘(2) DRY FORESTRY EMPHASIS AREA.—The 

14 Secretary shall administer any land or interest in 

15 land acquired using funds from the O&C Land—Dry 

16 Forestry Emphasis Area Acquisition Account in ac17 cordance with section 10. 

18 ‘‘(3) CONSERVATION EMPHASIS AREA.—The 

19 Secretary shall administer any land or interest in 

20 land acquired using funds from the O&C Land— 

21 Conservation Emphasis Area Acquisition Account in 

22 accordance with section 11. 

23 ‘‘(i) REPORTS.—The Secretary shall annually submit 

24 to the Committee on Energy and Natural Resources of 

25 the Senate and the Committee on Natural Resources of 


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1 the House of Representatives a report that lists each land 

2 transaction under this section during the year covered by 

3 the report. 

4 ‘‘SEC. 13. DISTRIBUTION OF FUNDS. 

5 ‘‘(a) IN GENERAL.—Effective for fiscal year 2014 

6 and each fiscal year thereafter, all receipts generated from 

7 activities on covered land shall be deposited in a separate 

8 fund in the Treasury designated the ‘Oregon and Cali9 fornia Railroad Grant Lands Fund’, to be distributed an10 nually in accordance with this section. 

11 ‘‘(b) GENERAL FUND.—Subject to subsection 

12 (d)(4)(C), as soon as practicable after the end of each fis13 cal year described in subsection (a), $4,000,000 of all 

14 amounts received by the Secretary for the applicable fiscal 

15 year from the covered land shall be transferred to the gen16 eral fund of the Treasury. 

17 ‘‘(c) ADMINISTRATIVE COSTS.— 

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

19 and subsection (d)(4)(C), all amounts received for 

20 the applicable fiscal year by the Secretary from the 

21 covered land shall be used to pay for the manage22 ment of, administrative expenses for, and capital im23 provement costs for the covered land, including the 

24 restoration of fish and wildlife habitat on the cov25 ered land. 


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

2 that is used to pay for expenses and costs for a fis3 cal year under paragraph (1) shall not exceed— 

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

5 the applicable fiscal year by the Secretary from 

6 the covered land during the fiscal year; or 

7 ‘‘(B) $20,000,000. 

8 ‘‘(d) PAYMENTS TO COUNTIES.— 

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

10 the applicable fiscal year by the Secretary from the 

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

12 the amount necessary to carry out subsections (b) 

13 and (c) shall be provided to the counties that con14 tain covered land (referred to in this subsection as 

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

16 ‘‘(2) TIMING.—Payments shall be made avail17 able to covered counties under this subsection as 

18 soon as practicable following the end of each fiscal 

19 year. 

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

21 to covered counties under this subsection shall be 

22 used as other county funds. 

23 ‘‘(4) AMOUNT.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graphs (B) and (C), for each fiscal year deVerDate Mar 15 2010 03:07 Aug 08, 2014 Jkt 039200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S2734.IS S2734

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1 scribed in subsection (a), the amount of pay2 ments allocated under this subsection to each 

3 covered county for a fiscal year shall be equal 

4 to the ratio that— 

5 ‘‘(i) the assessed value of covered land 

6 in the covered county for fiscal year 1915; 

7 bears to 

8 ‘‘(ii) the assessed value of covered 

9 land in all covered counties for fiscal year 

10 1915. 

11 ‘‘(B) NONASSESSED LAND.—For purposes 

12 of subparagraph (A), the portion of the covered 

13 land in each of the covered counties that was 

14 not assessed for fiscal year 1915 shall be con15 sidered to have been assessed at the average as16 sessed value of the covered land in the covered 

17 county. 

18 ‘‘(C) MINIMUM AMOUNT.— 

19 ‘‘(i) IN GENERAL.—Subject to clauses 

20 (ii) and (iii), the annual payment paid to 

21 a covered county under this subsection, to 

22 the extent practicable, shall not be less 

23 than the payment that the covered county 

24 would have received solely under this Act 

25 (as in effect on the day before the date of 


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1 enactment of the Oregon and California 

2 Land Grant Act of 2014) for fiscal year 

3 2013 if the covered county had elected to 

4 receive payment under this Act and not 

5 under any other law. 

6 ‘‘(ii) USE OF GENERAL FUND

7 SHARE.—If the portion of revenues to be 

8 provided to a covered county for a fiscal 

9 year is less than the amount described in 

10 clause (i), the payment made to the Treas11 ury for the fiscal year under subsection (b) 

12 shall be reduced by an amount necessary 

13 to provide the minimum payments required 

14 under clause (i) for the covered county. 

15 ‘‘(iii) USE OF ADMINISTRATIVE COSTS

16 SHARE.—If the minimum payments re17 quired under clause (i) could not be made 

18 to all covered counties after the payment 

19 made to the Treasury is reduced under 

20 clause (ii), the payment made for adminis21 trative costs for the fiscal year under sub22 section (c) shall be reduced by an amount 

23 necessary to provide the minimum payment 

24 required under clause (i) for all covered 

25 counties. 


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1 ‘‘SEC. 14. MISCELLANEOUS PROVISIONS. 

2 ‘‘(a) FIRE PROVISIONS.— 

3 ‘‘(1) COUNTY ACTIONS.—A county may carry 

4 out a vegetation management project in the Dry 

5 Forestry Emphasis Area to reduce the risk of a se6 vere wildfire or the risk of an insect or disease out7 break, in a manner consistent with section 10 if— 

8 ‘‘(A) the county provides to the Secretary 

9 a description of the proposed scope of work and 

10 proposed duration of the vegetation manage11 ment project; 

12 ‘‘(B) the Secretary determines the project 

13 is consistent with this Act and is in the best in14 terest of the public; and 

15 ‘‘(C) the county carries out the project 

16 using county funds, which may include amounts 

17 made available to the county under this Act. 

18 ‘‘(2) PRIVATE LANDOWNER ACTIONS.— 

19 ‘‘(A) IN GENERAL.—Without a permit 

20 from the Secretary, a person may enter and 

21 treat any Dry Forestry Emphasis Area that is 

22 located within 50 feet of the residence of that 

23 person if— 

24 ‘‘(i) the residence is in existence on 

25 the date of enactment of the Oregon and 

26 California Land Grant Act of 2014; 


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1 ‘‘(ii) the treatment is carried out at 

2 the expense of the person; 

3 ‘‘(iii) the person notifies the Secretary 

4 of the intent to treat that land; and 

5 ‘‘(iv) the Secretary has adequate su6 pervisory, monitoring, and enforcement re7 sources to ensure that the person carries 

8 out the treatment activities in accordance 

9 with subparagraph (C). 

10 ‘‘(B) NOTICE.— 

11 ‘‘(i) IN GENERAL.—Not less than 30 

12 days before beginning to treat land de13 scribed in subparagraph (A), the person 

14 shall notify, in writing, the Secretary of 

15 the intention of that person to treat that 

16 land. 

17 ‘‘(ii) ADDITIONAL NOTIFICATION.— 

18 The person shall also notify the Secretary 

19 14 days before beginning the treatment. 

20 ‘‘(iii) COMMENCEMENT.—On receiving 

21 a notification to treat land under this 

22 paragraph, the Secretary shall inform the 

23 person of the treatment requirements in 

24 subparagraph (C). 


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1 ‘‘(C) TREATMENT.—A person treating land 

2 described in subparagraph (A) shall carry out 

3 the treatment in accordance with the following 

4 requirements: 

5 ‘‘(i) No dead tree, nest tree, old 

6 growth tree, or tree greater than 16 inches 

7 in diameter shall be cut. 

8 ‘‘(ii) No herbicide or insecticide appli9 cation shall be used. 

10 ‘‘(iii) Vegetation shall be cut so 

11 that— 

12 ‘‘(I) less flammable species are 

13 favored for retention; and 

14 ‘‘(II) the adequate height and 

15 spacing between bushes and trees are 

16 maintained. 

17 ‘‘(iv) Any residual trees shall be 

18 pruned— 

19 ‘‘(I) to a height of the lesser of 

20 10 feet or 50 percent of the crown 

21 height of the tree; and 

22 ‘‘(II) so that all parts of the tree 

23 are at not less than 10 feet away from 

24 the residence. 


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1 ‘‘(v) All slash created from treatment 

2 activities under this subparagraph shall be 

3 removed or treated not later than 60 days 

4 after the date on which the slash is cre5 ated. 

6 ‘‘(b) STREAM IMPROVEMENT WORK.— 

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

8 certain activities on the covered land in accordance 

9 with this subsection. 

10 ‘‘(2) PERMITTED ACTIVITIES.— 

11 ‘‘(A) TREE TIPPING AND FELLING ACTIVI12 TIES.—During a vegetation management 

13 project, the Secretary may carry out tree tip14 ping and tree felling activities within the ripar15 ian reserves described in section 11 as the Sec16 retary determines necessary to improve habitat 

17 for aquatic species. 

18 ‘‘(B) WOODY DEBRIS AUGMENTATION.— 

19 The Secretary shall annually use not less than 

20 $1,000,000 of amounts made available under 

21 subsection 13(c) to transport and place large 

22 trees in streams on Federal, State, or private 

23 land to improve fish habitat. 

24 ‘‘(C) NATIVE VEGETATION.—Within the ri25 parian reserves described in section 11, the SecVerDate Mar 15 2010 03:07 Aug 08, 2014 Jkt 039200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S2734.IS S2734

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1 retary may plant vegetation that is native to 

2 the State of Oregon. 

3 ‘‘(D) CULVERT REPLACEMENT.—The Sec4 retary may replace a culvert that impedes the 

5 passage of fish passage or is unable to with6 stand a 100-year flood event. 

7 ‘‘(E) DECOMMISSIONING ROADS.—For the 

8 purposes of paragraph (3), the Secretary may 

9 decommission any road that— 

10 ‘‘(i) was not established by the Bu11 reau of Land Management; and 

12 ‘‘(ii) is not more than 20 years old. 

13 ‘‘(3) ACTIVITIES CATEGORICALLY EXCLUDED

14 FROM REVIEW.—Except as provided in paragraph 

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

16 be— 

17 ‘‘(A) considered an action categorically ex18 cluded from review under the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et 

20 seq.) or section 1508.4 of title 40, Code of Fed21 eral Regulations (or a successor regulation); 

22 and 

23 ‘‘(B) exempt from administrative review. 

24 ‘‘(4) EXCLUSION OF CERTAIN AREAS.—Para25 graph (3) does not apply to any activity located in— 


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1 ‘‘(A) a component of the National Wilder2 ness Preservation System; 

3 ‘‘(B) a wilderness study area; or 

4 ‘‘(C) an area in which the activity would be 

5 inconsistent with the applicable resource man6 agement plan. 

7 ‘‘(c) LEGACY ROADS AND TRAILS PROGRAM.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish a program to be known as the ‘Legacy Roads 

10 and Trails’ program to provide— 

11 ‘‘(A) urgently needed road decommis12 sioning, road and trail repair and maintenance 

13 and associated activities, and removal of fish 

14 passage barriers, especially in areas in which 

15 roads may be contributing to water quality 

16 problems in streams and water bodies that sup17 port threatened, endangered, or sensitive spe18 cies or community water sources; 

19 ‘‘(B) urgently needed road repairs required 

20 due to recent storm events; or 

21 ‘‘(C) the decommissioning of unauthorized 

22 roads that are not part of the transportation 

23 system. 

24 ‘‘(2) PROJECT SELECTION.— 

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


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1 ‘‘(i) consider public input in the selec2 tion of projects; and 

3 ‘‘(ii) publish the selection process of 

4 the Secretary on the website of the Bureau 

5 of Land Management. 

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

7 under this subsection, the Secretary shall give 

8 priority to decommissioning and repairing roads 

9 and trails in— 

10 ‘‘(i) environmentally sensitive areas; 

11 and 

12 ‘‘(ii) areas in which roads may be con13 tributing to water quality problems in 

14 streams and water bodies that support 

15 threatened or endangered species, or spe16 cies considered sensitive by the Secretary. 

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

18 120 days after the end of each fiscal year, the Sec19 retary shall submit to Congress a report on the sta20 tus of the projects selected for completion in the pre21 vious 2 fiscal years. 

22 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to carry out 

24 this subsection $5,000,000 for each of fiscal years 

25 2013 through 2023. 


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1 ‘‘(d) PENALTIES FOR THE CUTTING OF OLD

2 GROWTH TREES.— 

3 ‘‘(1) IN GENERAL.—Not later than 1 year after 

4 the date of enactment of the Oregon and California 

5 Land Grant Act of 2014, the Secretary shall estab6 lish a penalty system or guidelines designed to deter 

7 contractors from cutting old growth trees in the cov8 ered area in violation of this Act. 

9 ‘‘(2) APPLICABILITY.—The penalty system shall 

10 allow for a specified de minimis quantity, as deter11 mined by the Secretary, of old growth trees that are 

12 under 250 years of age to be cut in error and not 

13 subject to penalty. 

14 ‘‘(3) REVISION OF THE PENALTY SYSTEM.—If 

15 any contractor cuts more than twice the de minimis 

16 quantity of old growth trees established under para17 graph (2), the Secretary shall, after notifying the 

18 public and providing a public comment period for 30 

19 days, revise the penalty system. 

20 ‘‘(4) ISSUANCE OF PENALTIES TO THE CON21 TRACTOR.—If a contractor cuts an old growth tree 

22 that is greater than 250 years of age, the contractor 

23 shall make a payment to the Secretary equal to 3 

24 times the stumpage value of that tree. 


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1 ‘‘(e) REDESIGNATIONS OF MOIST FORESTRY EMPHA2 SIS AREA AND DRY FORESTRY EMPHASIS AREA.— 

3 ‘‘(1) AUTHORIZATION TO REDESIGNATE.— 

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

5 than 10 years after the date of enactment of 

6 the Oregon and California Land Grant Act of 

7 2014 and every 10 years thereafter, the Sec8 retary— 

9 ‘‘(i) shall evaluate the initial assign10 ments of ‘Dry Forest’ and ‘Moist Forest’ 

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

12 of 2014: Moist Forest and Dry Forest’ and 

13 dated July 31, 2014, and the resulting 

14 change in land in the Moist Forestry Em15 phasis Area or the Dry Forestry Emphasis 

16 Area; and 

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

18 to be necessary and in accordance with the 

19 criteria described in paragraph (2)— 

20 ‘‘(I) redesignate Moist Forestry 

21 Emphasis Area land as Dry Forestry 

22 Emphasis Area land; and 

23 ‘‘(II) redesignate Dry Forestry 

24 Emphasis Area land as Moist For25 estry Emphasis Area land. 


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

2 adjustments authorized under subparagraph 

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

4 forest assignments in specific locations based on 

5 an on-the-ground field examination by the Sec6 retary. 

7 ‘‘(2) CRITERIA.— 

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

9 as Moist Forestry Emphasis Area or Dry For10 estry Emphasis Area, the Secretary shall use 

11 the criteria described in this paragraph. 

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

13 For purposes of this subsection, land in the 

14 Moist Forestry Emphasis Area generally— 

15 ‘‘(i)(I) experiences infrequent wildfires 

16 at intervals that are greater than 100 

17 years; and 

18 ‘‘(II) the wildfires generally kill all of 

19 the trees that comprise the canopy of a 

20 stand; and 

21 ‘‘(ii) contains 1 of the following plant 

22 association groups: 

23 ‘‘(I) The Western Hemlock 

24 (Tsuga heterophylla) series. 


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1 ‘‘(II) The Sitka Spruce (Picea 

2 sitchensis) series. 

3 ‘‘(III) The Western Red Cedar 

4 (Thuja plicata) series. 

5 ‘‘(IV) The Pacific Silver Fir 

6 (Abies amabilis) series. 

7 ‘‘(V) The Mountain Hemlock 

8 (Tsuga mertensiana) series. 

9 ‘‘(VI) The Subalpine Fir10 Engelmann Spruce (Abies lasiocarpa11 Picea engelmannii) series. 

12 ‘‘(VII) The Tanoak (Lithocarpus 

13 densiflorus) series. 

14 ‘‘(VIII) The Moist Grand Fir 

15 (Abies grandis) plant association 

16 group. 

17 ‘‘(IX) The Moist White Fir 

18 (Abies concolor) plant association 

19 group. 

20 ‘‘(C) DRY FORESTRY EMPHASIS AREA.— 

21 For purposes of this subsection, land in the Dry 

22 Forestry Emphasis Area generally— 

23 ‘‘(i)(I) experiences relatively frequent 

24 wildfires; and 


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1 ‘‘(II) these wildfires are predomi2 nantly low or mixed in severity; and 

3 ‘‘(ii) contains 1 of the following plant 

4 association groups: 

5 ‘‘(I) The Moist Grand Fir (Abies 

6 grandis) plant association group. 

7 ‘‘(II) The Moist White Fir (Abies 

8 concolor) plant association group. 

9 ‘‘(III) The Ponderosa Pine 

10 (Pinus ponderosa) series. 

11 ‘‘(IV) The Oregon White Oak 

12 (Quercus garryana) series. 

13 ‘‘(V) The Douglas-fir 

14 (Pseudotsuga menziesii) series. 

15 ‘‘(VI) The Jeffrey Pine (Pinus 

16 jeffreyi) series. 

17 ‘‘(VII) The Dry Grand Fir 

18 (Abies grandis) plant association 

19 group. 

20 ‘‘(VIII) The Dry White Fir 

21 (Abies concolor) plant association 

22 group. 

23 ‘‘(D) MIXED FORESTS.— 

24 ‘‘(i) IN GENERAL.—For purposes of 

25 this subsection, the Secretary may consider 


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1 land that contains a Moist Grand Fir or a 

2 Moist White Fir plant association group as 

3 Moist Forestry Emphasis Area or Dry 

4 Forestry Emphasis Area based on the con5 dition of the land, landscape context, or 

6 management goals. 

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

8 meets criteria under both subparagraph 

9 (A) and (B), the Secretary may choose to 

10 categorize the land as either Moist For11 estry Emphasis Area or Dry Forestry Em12 phasis Area to align with the designations 

13 of adjacent covered land. 

14 ‘‘(3) PUBLIC COMMENT.—In carrying out this 

15 subsection, the Secretary shall provide the public a 

16 period of not less than 60 days to comment on a 

17 proposed redesignation of land. 

18 ‘‘(f) EXISTING RIGHTS.—Nothing in this Act— 

19 ‘‘(1) affects any private ownership or rights, in20 cluding rights-of-way and reciprocal rights-of-way 

21 agreements, tail hold agreements, easement obliga22 tions, and tribal treaty rights; or 

23 ‘‘(2) terminates any valid lease, permit, patent, 

24 or other right of authorization (including a lease, 

25 permit, patent, or other right of authorization for 


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1 forest management activities) existing on the date of 

2 enactment of the Oregon and California Land Grant 

3 Act of 2014. 

4 ‘‘(g) JURISDICTION.—Nothing in this Act affects the 

5 jurisdiction of the State of Oregon with respect to the 

6 management of fish and wildlife on public land in the 

7 State. 

8 ‘‘(h) PESTICIDE USE.—Pesticides may be used within 

9 the covered land, if the use— 

10 ‘‘(1) is limited to plants listed by the Oregon 

11 Department of Agriculture as invasive plants; 

12 ‘‘(2) is part of an integrated pest management 

13 approach; and 

14 ‘‘(3) is restricted to various ground-based sys15 tems that are designed around target species. 

16 ‘‘(i) SPECIAL MANAGEMENT AND RESEARCH

17 AREAS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall des19 ignate 50,000 acres across 2 to 5 sites in the cov20 ered land to include moist forests and dry forests, as 

21 depicted on the map entitled ‘O&C Land Grant Act 

22 of 2014: Moist Forest and Dry Forest’ and dated 

23 July 31, 2014, to be comanaged by the Secretary 

24 and Oregon State University as special management 


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1 and research areas in accordance with the criteria 

2 described in paragraph (2). 

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

4 management and research areas under paragraph 

5 (1), the Secretary shall designate— 

6 ‘‘(A) 20 to 30 percent of land that is des7 ignated as ‘Conservation Emphasis Areas’ on 

8 the map described in section 2(5); 

9 ‘‘(B) 70 to 80 percent of land that is des10 ignated as ‘Forestry Emphasis Areas’ on the 

11 map described in paragraphs (11) and (14) of 

12 section 2; 

13 ‘‘(C) land, to the maximum extent prac14 ticable, contiguous to other land designated 

15 under paragraph (1); 

16 ‘‘(D) land within close proximity of other 

17 land designated under paragraph (1); 

18 ‘‘(E) land located within 150 miles of the 

19 main campus of Oregon State University in 

20 Corvallis, Oregon; and 

21 ‘‘(F) land selected in consultation with Or22 egon State University. 

23 ‘‘(3) AUTHORIZED PROJECTS.—Land des24 ignated under paragraph (1) shall be used by insti25 tutions of higher education in the State of Oregon 


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1 for the conduct of research projects and demonstra2 tion projects that address— 

3 ‘‘(A) increasing social awareness and 

4 knowledge of the environmental, social, and eco5 nomic impacts on the implementation of eco6 logical forestry on public land; 

7 ‘‘(B) improving the health of rural commu8 nities and citizens; 

9 ‘‘(C) reducing catastrophic fires and the 

10 degradation of ecosystem health; 

11 ‘‘(D) increasing conservation with a land12 scape approach; and 

13 ‘‘(E) understanding the riparian reserve 

14 approaches authorized under this Act. 

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

16 designated under paragraph (1) shall include— 

17 ‘‘(A) post-treatment monitoring of the ef18 fects of the treatments on the land; and 

19 ‘‘(B) if practicable, monitoring of other 

20 projects implemented under this Act, including 

21 monitoring by— 

22 ‘‘(i) diverse stakeholders; 

23 ‘‘(ii) collaborative groups; 

24 ‘‘(iii) Federal agencies; and 

25 ‘‘(iv) institutions of higher educations. 


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

2 At least 10 percent of the authorized projects con3 ducted annually under this subsection shall be con4 ducted by an institution of higher education in the 

5 State of Oregon other than Oregon State University. 

6 ‘‘(6) MINIMUM ACREAGE.— 

7 ‘‘(A) IN GENERAL.—At least 3,750 acres 

8 of the land designated under paragraph (1) 

9 shall be treated during each 5-year period. 

10 ‘‘(B) FAILURE TO TREAT.—If the min11 imum acreage under subparagraph (A) is not 

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

13 period, management of the land designated 

14 under subsection (a) shall revert to traditional 

15 management status by the Secretary. 

16 ‘‘(7) REVIEW.—The Bureau of Land Manage17 ment State Director for the State of Oregon shall— 

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

19 each proposed treatment to be conducted as 

20 part of an authorized project under this sub21 section; and 

22 ‘‘(B) review for adequacy the paperwork 

23 required to be prepared for each treatment. 

24 ‘‘SEC. 15. MONITORING AND EVALUATION. 

25 ‘‘(a) MONITORING ASSESSMENTS.— 


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1 ‘‘(1) IN GENERAL.—Every 5 years after the 

2 Secretary issues a record of decision described in 

3 section 7(e), the Secretary shall prepare a moni4 toring assessment of the impacts of the vegetation 

5 management projects on the covered land. 

6 ‘‘(2) COMPONENTS.—In preparing the moni7 toring assessment, the Secretary shall include re8 ports on— 

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

10 timber sold; 

11 ‘‘(B) changes in water quality; 

12 ‘‘(C) changes in recreation; and 

13 ‘‘(D) the effectiveness of fish and wildfire 

14 protections. 

15 ‘‘(3) PUBLIC INPUT.—The Secretary shall pro16 vide for public comment prior to finalizing the moni17 toring assessment. 

18 ‘‘(4) SUBMISSION TO CONGRESS.—After consid19 ering public comment, the Secretary shall submit to 

20 the Committee on Energy and Natural Resources of 

21 the Senate and the Committee on Natural Resources 

22 of the House of Representatives a copy of the final 

23 monitoring assessment. 


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1 ‘‘(5) USE.—The Secretary shall use the Moni2 toring Assessment during the 5-year evaluation de3 scribed in subsection 7(f). 

4 ‘‘(b) ADAPTIVE MANAGEMENT REPORTS.— 

5 ‘‘(1) IN GENERAL.—Every 10 years after the 

6 Secretary issues a record of decision described in 

7 section 7(e), the Secretary shall prepare an adaptive 

8 management report to review the requirements of 

9 sections 9 through 12. 

10 ‘‘(2) COMPONENTS.—In preparing the adaptive 

11 management report, the Secretary shall include re12 ports on— 

13 ‘‘(A) the ability of the Secretary to imple14 ment sections 9 through 12; 

15 ‘‘(B) the best available science for man16 aging the covered land consistent with the man17 agement objectives described in section 3(b); 

18 and 

19 ‘‘(C) any recommendations for amending 

20 this Act. 

21 ‘‘(3) PUBLIC INPUT.—The Secretary shall pro22 vide for public comment prior to finalizing the 

23 adaptive management report. 

24 ‘‘(4) SUBMISSION TO CONGRESS.—After consid25 ering public comment, the Secretary shall submit to 


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1 the Committee on Energy and Natural Resources of 

2 the Senate and the Committee on Natural Resources 

3 of the House of Representatives a copy of the final 

4 adaptive management report. 

5 ‘‘(c) ANNUAL MONITORING.—The Secretary shall an6 nually use not less than $1,000,000 of amounts made 

7 available under subsection 13(c) to monitor short-term 

8 changes in forest health, water quality, and fish and wild9 life habitat. 

10 ‘‘SEC. 16. TRANSITION. 

11 ‘‘(a) IN GENERAL.—During the period beginning on 

12 the date of enactment of the Oregon and California Land 

13 Grant Act of 2014 and ending 90 days after the date on 

14 which the record of decision is completed under section 

15 7, a transition period shall be in effect in accordance with 

16 this section. 

17 ‘‘(b) MANAGEMENT.— 

18 ‘‘(1) EXISTING CONTRACTS.—Any timber sale 

19 or agreement to perform work on covered land that 

20 was entered into by the Secretary before the date of 

21 enactment of the Oregon and California Land Grant 

22 Act of 2014 shall remain binding and effective ac23 cording to the terms of the contract. 

24 ‘‘(2) PENDING TIMBER SALES.—Timber sales 

25 for which review under the National Environmental 


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1 Policy Act of 1969 (42 U.S.C. 4321 et seq.) has 

2 been completed or will be completed not later than 

3 90 days following the date of enactment of the Or4 egon and California Land Grant Act of 2014 shall 

5 continue as planned. 

6 ‘‘(3) INTERIM PROJECTS.—The Secretary may 

7 conduct vegetation management projects on the cov8 ered land during the transition period on the condi9 tions that the vegetation management projects— 

10 ‘‘(A) comply with the designations and re11 quirements of this Act; and 

12 ‘‘(B) are reviewed pursuant to the Na13 tional Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.), outside of the process de15 scribed in section 7. 

16 ‘‘(4) ADMINISTRATION.—The Secretary shall 

17 seek to make such accommodations as are necessary 

18 to avoid interfering with the performance of a tim19 ber sale or work agreement described in paragraph 

20 (1) or (2). 

21 ‘‘(c) SPECIAL ADMINISTRATIVE REVIEW PROCESS.— 

22 The procedures established under section 105 of the 

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

24 6515) shall be the only process to administratively chal25 lenge projects during the transition period.’’. 


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1 SEC. 302. DESIGNATION OF WILD AND SCENIC RIVERS. 

2 (a) DESIGNATION OF WILD AND SCENIC RIVER SEG3 MENTS.—Section 3(a) of the Wild and Scenic Rivers Act 

4 (16 U.S.C. 1274(a)) is amended by adding at the end the 

5 following: 

6 ‘‘(208) NESTUCCA RIVER, OREGON.—The ap7 proximately 15.5-mile segment from its confluence 

8 with Ginger Creek downstream until it crosses T. 4 

9 S., R. 7 W., sec. 7, Willamette Meridian, to be ad10 ministered by the Secretary of the Interior as a rec11 reational river. 

12 ‘‘(209) WALKER CREEK, OREGON.—The ap13 proximately 2-mile segment from the headwaters in 

14 T. 3 S., R. 6 W., sec. 20 downstream to the con15 fluence with the Nestucca River in T. 3 S., R. 6 W., 

16 sec. 15, Willamette Meridian, to be administered by 

17 the Secretary of the Interior as a recreational river. 

18 ‘‘(210) NORTH FORK SILVER CREEK, OR19 EGON.—The approximately 6-mile segment from the 

20 headwaters in T. 35 S., R. 9 W., sec. 1 downstream 

21 to the edge of the Bureau of Land Management 

22 boundary in T. 35 S., R. 9 W., sec. 17, Willamette 

23 Meridian, to be administered by the Secretary of the 

24 Interior as a recreational river. 

25 ‘‘(211) JENNY CREEK, OREGON.—The approxi26 mately 17.6-mile segment from the Bureau of Land 


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1 Management boundary located at the north bound2 ary of the southwest quarter of the southeast quar3 ter of T. 38 S., R. 4 E., sec. 34, Willamette Merid4 ian, downstream to the Oregon State border, to be 

5 administered by the Secretary of the Interior as a 

6 scenic river. 

7 ‘‘(212) SPRING CREEK, OREGON.—The approxi8 mately 1.1-mile segment from its source at Shoat 

9 Springs in T. 40 S., R. 4 E., sec. 34, Willamette 

10 Meridian, downstream to the confluence with Jenny 

11 Creek in T. 41 S., R. 4 E., sec. 3, Willamette Merid12 ian, to be administered by the Secretary of the Inte13 rior as a scenic river. 

14 ‘‘(213) LOBSTER CREEK, OREGON.—The ap15 proximately 5-mile segment from T. 15 S., R. 8 W., 

16 sec. 35, Willamette Meridian, downstream to the 

17 edge of the Bureau of Land Management boundary 

18 in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, 

19 to be administered by the Secretary of the Interior 

20 as a recreational river.’’. 

21 (b) WITHDRAWAL.—Subject to valid existing rights, 

22 the Federal land within the boundaries of the river seg23 ments designated by paragraphs (208) through (213) of 

24 section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 

25 1274(a)) is withdrawn from all forms of— 


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

2 public land laws; 

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

4 laws; and 

5 (3) disposition under all laws relating to min6 eral and geothermal leasing or mineral materials. 

7 TITLE IV—TRIBAL LAND 

8 Subtitle A—Oregon Coastal Land 

9 Conveyance 

10 SEC. 401. DEFINITIONS. 

11 In this subtitle: 

12 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

13 means the approximately 14,804 acres of Federal 

14 land, as generally depicted on the map entitled ‘‘Or15 egon Coastal Land Conveyance’’, and dated March 

16 27, 2013. 

17 (2) PLANNING AREA.—The term ‘‘planning 

18 area’’ means land— 

19 (A) administered by the Director of the 

20 Bureau of Land Management; and 

21 (B) located in— 

22 (i) the Coos Bay District; 

23 (ii) the Eugene District; 

24 (iii) the Medford District; 

25 (iv) the Roseburg District; 


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1 (v) the Salem District; or 

2 (vi) the Klamath Falls Resource Area 

3 of the Lakeview District. 

4 (3) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

6 (4) TRIBE.—The term ‘‘Tribe’’ means the Con7 federated Tribes of Coos, Lower Umpqua, and 

8 Siuslaw Indians. 

9 SEC. 402. CONVEYANCE. 

10 (a) IN GENERAL.—Subject to valid existing rights, 

11 including rights-of-way and reciprocal rights-of-way, all 

12 right, title, and interest of the United States in and to 

13 the Federal land, including any improvements located on 

14 the Federal land, appurtenances to the Federal land, and 

15 minerals on or in the Federal land, including oil and gas, 

16 shall be— 

17 (1) held in trust by the United States for the 

18 benefit of the Tribe; and 

19 (2) part of the reservation of the Tribe. 

20 (b) SURVEY.—Not later than 180 days after the date 

21 of enactment of this Act, if the Secretary determines a 

22 survey to be necessary, the Secretary shall complete a sur23 vey of the boundary lines to establish the boundaries of 

24 the land taken into trust under subsection (a). 


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1 SEC. 403. MAP AND LEGAL DESCRIPTION. 

2 (a) IN GENERAL.—As soon as practicable after the 

3 date of enactment of this Act, the Secretary shall file a 

4 map and legal description of the Federal land with— 

5 (1) the Committee on Energy and Natural Re6 sources of the Senate; and 

7 (2) the Committee on Natural Resources of the 

8 House of Representatives. 

9 (b) FORCE AND EFFECT.—The map and legal de10 scription filed under subsection (a) shall have the same 

11 force and effect as if included in this subtitle, except that 

12 the Secretary may correct any clerical or typographical er13 rors in the map or legal description. 

14 (c) PUBLIC AVAILABILITY.—The map and legal de15 scription filed under subsection (a) shall be on file and 

16 available for public inspection in the Office of the Sec17 retary. 

18 SEC. 404. ADMINISTRATION. 

19 (a) IN GENERAL.—Unless expressly provided in this 

20 subtitle, nothing in this subtitle affects any right or claim 

21 of the Tribe existing on the date of enactment of this Act 

22 to any land or interest in land. 

23 (b) PROHIBITIONS.— 

24 (1) EXPORTS OF UNPROCESSED LOGS.—Fed25 eral law (including regulations) relating to the ex26 port of unprocessed logs harvested from Federal 


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1 land shall apply to any unprocessed logs that are 

2 harvested from the Federal land. 

3 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

4 property taken into trust under section 402(a) shall 

5 not be eligible, or used, for any gaming activity car6 ried out under Public Law 100–497 (25 U.S.C. 

7 2701 et seq.). 

8 SEC. 405. FOREST MANAGEMENT. 

9 (a) APPLICABLE LAW.—Any commercial forestry ac10 tivity that is carried out on the Federal land shall be man11 aged in accordance with all applicable Federal laws, in12 cluding the National Indian Forest Resources Manage13 ment Act (25 U.S.C. 3101 et seq.). 

14 (b) AGREEMENTS.—The Tribe shall consult with the 

15 Secretary and other parties as necessary to develop agree16 ments to provide for access to the land taken into trust 

17 under section 402(a) that provide for— 

18 (1) honoring existing reciprocal right-of-way 

19 agreements; 

20 (2) administrative access by the Bureau of 

21 Land Management; and 

22 (3) management of the parcels of the land 

23 taken into trust under section 402(a) that are ac24 quired or developed under the Land and Water Con25 servation Fund Act of 1965 (16 U.S.C. 460l–4 et 


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1 seq.), consistent with section 8(f)(3) of that Act (16 

2 U.S.C. 460l–8(f)(3)). 

3 (c) LAND USE PLANNING REQUIREMENTS.—On con4 veyance of the Federal land to the Tribe under section 

5 402, the Federal land shall not be subject to the land use 

6 planning requirements of the Federal Land Policy and 

7 Management Act of 1976 (43 U.S.C. 1701 et seq.) or the 

8 Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 

9 U.S.C. 1181a et seq.). 

10 Subtitle B—Canyon Mountain Land 

11 Conveyance 

12 SEC. 411. DEFINITIONS. 

13 In this subtitle: 

14 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

15 means the approximately 17,826 acres of Federal 

16 land, as generally depicted on the map entitled 

17 ‘‘Canyon Mountain Land Conveyance’’, and dated 

18 June 27, 2013. 

19 (2) PLANNING AREA.—The term ‘‘planning 

20 area’’ means land— 

21 (A) administered by the Director of the 

22 Bureau of Land Management; and 

23 (B) located in— 

24 (i) the Coos Bay District; 

25 (ii) the Eugene District; 


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1 (iii) the Medford District; 

2 (iv) the Roseburg District; 

3 (v) the Salem District; or 

4 (vi) the Klamath Falls Resource Area 

5 of the Lakeview District. 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (4) TRIBE.—The term ‘‘Tribe’’ means the Cow 

9 Creek Band of Umpqua Tribe of Indians. 

10 SEC. 412. CONVEYANCE. 

11 (a) IN GENERAL.—Subject to valid existing rights, 

12 including rights-of-way and reciprocal rights-of-way, all 

13 right, title, and interest of the United States in and to 

14 the Federal land, including any improvements located on 

15 the Federal land, appurtenances to the Federal land, and 

16 minerals on or in the Federal land, including oil and gas, 

17 shall be— 

18 (1) held in trust by the United States for the 

19 benefit of the Tribe; and 

20 (2) part of the reservation of the Tribe. 

21 (b) SURVEY.—Not later than 180 days after the date 

22 of enactment of this Act, the Secretary shall complete a 

23 survey of the boundary lines to establish the boundaries 

24 of the land taken into trust under subsection (a). 


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1 SEC. 413. MAP AND LEGAL DESCRIPTION. 

2 (a) IN GENERAL.—As soon as practicable after the 

3 date of enactment of this Act, the Secretary shall file a 

4 map and legal description of the Federal land with— 

5 (1) the Committee on Energy and Natural Re6 sources of the Senate; and 

7 (2) the Committee on Natural Resources of the 

8 House of Representatives. 

9 (b) FORCE AND EFFECT.—The map and legal de10 scription filed under subsection (a) shall have the same 

11 force and effect as if included in this subtitle except that 

12 the Secretary may correct any clerical or typographical er13 rors in the map or legal description. 

14 (c) PUBLIC AVAILABILITY.—The map and legal de15 scription filed under subsection (a) shall be on file and 

16 available for public inspection in the Office of the Sec17 retary. 

18 SEC. 414. ADMINISTRATION. 

19 (a) IN GENERAL.—Unless expressly provided in this 

20 subtitle, nothing in this subtitle affects any right or claim 

21 of the Tribe existing on the date of enactment of this Act 

22 to any land or interest in land. 

23 (b) PROHIBITIONS.— 

24 (1) EXPORTS OF UNPROCESSED LOGS.—Fed25 eral law (including regulations) relating to the ex26 port of unprocessed logs harvested from Federal 


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1 land shall apply to any unprocessed logs that are 

2 harvested from the Federal land. 

3 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

4 property taken into trust under section 412 shall not 

5 be eligible, or used, for any gaming activity carried 

6 out under Public Law 100–497 (25 U.S.C. 2701 et 

7 seq.). 

8 (c) EFFECT ON TIMBER SALE CONTRACTS.—Noth9 ing in this subtitle affects any timber sale contracts 

10 awarded as of the date of enactment of this Act. 

11 SEC. 415. FOREST MANAGEMENT. 

12 (a) APPLICABLE LAW.—Any commercial forestry ac13 tivity that is carried out on the Federal land shall be man14 aged in accordance with all applicable Federal laws, in15 cluding the National Indian Forest Resources Manage16 ment Act (25 U.S.C. 3101 et seq.). 

17 (b) AGREEMENTS.—The Tribe shall consult with the 

18 Director of the Bureau of Land Management and other 

19 parties as necessary to develop agreements to provide for 

20 access to the land taken into trust under section 412(a) 

21 that provide for— 

22 (1) honoring existing reciprocal right-of-way 

23 agreements; and 

24 (2) administrative access by the Bureau of 

25 Land Management. 


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1 (c) LAND USE PLANNING REQUIREMENTS.—On con2 veyance of the Federal land to the Tribe under section 

3 412, the Federal land shall not be subject to the land use 

4 planning requirements of the Federal Land Policy and 

5 Management Act of 1976 (43 U.S.C. 1701 et seq.) or the 

6 Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 

7 U.S.C. 1181a et seq.). 

8 Subtitle C—Amendments to 

9 Coquille Restoration Act 

10 SEC. 421. AMENDMENTS TO COQUILLE RESTORATION ACT. 

11 Section 5(d) of the Coquille Restoration Act (25 

12 U.S.C. 715c(d)) is amended— 

13 (1) by striking paragraph (5) and inserting the 

14 following: 

15 ‘‘(5) MANAGEMENT.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the Secretary of the Interior, acting 

18 through the Assistant Secretary for Indian Af19 fairs, shall— 

20 ‘‘(i) manage the Coquille Forest in ac21 cordance with the laws pertaining to the 

22 management of Indian trust land; and 

23 ‘‘(ii) distribute revenues in accordance 

24 with the National Indian Forest Resources 

25 Management Act (25 U.S.C. 3101 et seq.). 


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1 ‘‘(B) ADMINISTRATION.— 

2 ‘‘(i) UNPROCESSED LOGS.—Unproc3 essed logs harvested from the Coquille For4 est shall be subject to the same Federal 

5 statutory restrictions on export to foreign 

6 nations that apply to unprocessed logs har7 vested from Federal land. 

8 ‘‘(ii) SALES OF TIMBER.—Notwith9 standing any other provision of law, all 

10 sales of timber from land subject to this 

11 subsection shall be advertised, offered, and 

12 awarded according to competitive bidding 

13 practices, with sales being awarded to the 

14 highest responsible bidder.’’; 

15 (2) by striking paragraph (9); and 

16 (3) by redesignating paragraphs (10) through 

17 (12) as paragraphs (9) through (11), respectively. 

18 TITLE V—OREGON TREASURES 

19 Subtitle A—Wild Rogue Wilderness 

20 Area 

21 SEC. 501. WILD ROGUE WILDERNESS AREA. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COMMISSION.—The term ‘‘Commission’’ 

24 means the Federal Energy Regulatory Commission. 


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1 (2) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Wild Rogue Wilderness Additions’’ and dated 

3 June 12, 2013. 

4 (3) SECRETARY.—The term ‘‘Secretary’’ 

5 means— 

6 (A) the Secretary of the Interior, with re7 spect to public land administered by the Sec8 retary of the Interior; or 

9 (B) the Secretary of Agriculture, with re10 spect to National Forest System land. 

11 (4) WILDERNESS ADDITIONS.—The term ‘‘Wil12 derness additions’’ means the land added to the Wild 

13 Rogue Wilderness under subsection (b)(1). 

14 (b) EXPANSION OF WILD ROGUE WILDERNESS

15 AREA.— 

16 (1) EXPANSION.—The approximately 56,100 

17 acres of Federal land in the State of Oregon gen18 erally depicted on the map as ‘‘BLM Proposed Wil19 derness’’ and ‘‘Proposed USFS Wilderness’’ shall be 

20 added to and administered as part of the Wild 

21 Rogue Wilderness in accordance with Public Law 

22 95–237 (16 U.S.C. 1132 note; 92 Stat. 43), except 

23 that— 

24 (A) the Secretary of the Interior and the 

25 Secretary of Agriculture shall administer the 


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1 Federal land under their respective jurisdiction; 

2 and 

3 (B) any reference in that Act to the Sec4 retary of Agriculture shall be considered to be 

5 a reference to the Secretary of Agriculture or 

6 the Secretary of the Interior, as applicable. 

7 (2) MAP; LEGAL DESCRIPTION.— 

8 (A) IN GENERAL.—As soon as practicable 

9 after the date of enactment of this Act, the Sec10 retary shall prepare a map and legal description 

11 of the wilderness area designated by paragraph 

12 (1). 

13 (B) FORCE OF LAW.—The map and legal 

14 description filed under subparagraph (A) shall 

15 have the same force and effect as if included in 

16 this section, except that the Secretary may cor17 rect typographical errors in the map and legal 

18 description. 

19 (C) PUBLIC AVAILABILITY.—The map and 

20 legal description filed under subparagraph (A) 

21 shall be on file and available for public inspec22 tion in the appropriate offices of the Bureau of 

23 Land Management and Forest Service. 

24 (3) CORRECTION.—Section 3(b) of the Endan25 gered American Wilderness Act of 1978 (16 U.S.C. 


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1 1132 note; Public Law 95–237; 92 Stat. 43) is 

2 amended by striking ‘‘3(a)(5)’’ and inserting 

3 ‘‘3(a)(5)(A)’’. 

4 (4) WITHDRAWAL.—Subject to valid existing 

5 rights, the Wilderness additions are withdrawn from 

6 all forms of— 

7 (A) entry, appropriation, or disposal under 

8 the public land laws; 

9 (B) location, entry, and patent under the 

10 mining laws; and 

11 (C) disposition under all laws pertaining to 

12 mineral and geothermal leasing or mineral ma13 terials. 

14 (5) TRIBAL RIGHTS.—Nothing in this sub15 section alters, modifies, enlarges, diminishes, or ab16 rogates the treaty rights of any Indian tribe. 

17 (c) POTENTIAL ADDITION TO WILDERNESS AREA.— 

18 (1) DESIGNATION.—Subject to paragraph (3) 

19 and in furtherance of the purposes of the Wilderness 

20 Act (16 U.S.C. 1131 et seq.), certain public land in 

21 the State of Oregon administered by the Secretary 

22 of the Interior, compromising approximately 600 

23 acres, as generally depicted on the map as ‘‘Poten24 tial Wilderness’’, shall be added to and administered 

25 as part of the Wild Rogue Wilderness. 


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1 (2) INTERIM MANAGEMENT.—Subject to valid 

2 existing rights, the Secretary shall manage the land 

3 described in paragraph (1) to protect its suitability 

4 for designation as wilderness until the date on which 

5 the land is designated as wilderness in accordance 

6 with paragraph (3). 

7 (3) WILDERNESS DESIGNATION.— 

8 (A) IN GENERAL.—The land described in 

9 paragraph (1) shall be designated as wilderness 

10 and added to and administered as part of the 

11 Wild Rogue Wilderness on the date on which 

12 the Secretary publishes in the Federal Register 

13 notice that the conditions in the potential wil14 derness area that are incompatible with the 

15 Wilderness Act (16 U.S.C. 1131 et seq.) have 

16 been removed. 

17 (B) ADMINISTRATION.—On designation as 

18 wilderness under paragraph (1), the land de19 scribed in that paragraph shall be administered 

20 in accordance with this Act, the Wilderness Act 

21 (16 U.S.C. 1131 et seq.), and Public Law 95– 

22 237 (16 U.S.C. 1132 note; 92 Stat. 40). 

23 (4) WITHDRAWAL.—Subject to valid existing 

24 rights, the land described in paragraph (1) is with25 drawn from all forms of— 


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1 (A) entry, appropriation, or disposal under 

2 the public land laws; 

3 (B) location, entry, and patent under the 

4 mining laws; and 

5 (C) disposition under all laws pertaining to 

6 mineral and geothermal leasing or mineral ma7 terials. 

8 (d) WITHDRAWAL AREA PROTECTIONS.— 

9 (1) IN GENERAL.—The Secretary shall manage 

10 the Federal land described in paragraph (2) in a 

11 manner that preserves the natural and primitive 

12 character of the land for recreational, scenic, and 

13 scientific use. 

14 (2) DESCRIPTION OF THE LAND.—The Federal 

15 land referred to in paragraph (1) is the approxi16 mately 4,000 acres generally depicted on the map as 

17 ‘‘Withdrawal Area’’. 

18 (3) MAPS AND LEGAL DESCRIPTIONS.— 

19 (A) IN GENERAL.—As soon as practicable 

20 after the date of enactment of this Act, the Sec21 retary shall prepare a map and legal description 

22 of the land described in paragraph (2). 

23 (B) FORCE OF LAW.—The map and legal 

24 description filed under subparagraph (A) shall 

25 have the same force and effect as if included in 


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1 this section, except that the Secretary may cor2 rect typographical errors in the map and legal 

3 description. 

4 (C) PUBLIC AVAILABILITY.—The map and 

5 legal description filed under subparagraph (A) 

6 shall be on file and available for public inspec7 tion in the appropriate offices of the Bureau of 

8 Land Management. 

9 (4) USE OF LAND.— 

10 (A) IN GENERAL.—Subject to valid exist11 ing rights, with respect to the Federal land de12 scribed in paragraph (2), the Secretary shall 

13 only allow uses that are consistent with the pur14 poses described in paragraph (1). 

15 (B) PROHIBITED USES.—The following 

16 shall be prohibited on the Federal land de17 scribed in paragraph (2): 

18 (i) Permanent roads. 

19 (ii) Commercial enterprises. 

20 (iii) Except as necessary to meet the 

21 minimum requirements for the administra22 tion of the Federal land and to protect 

23 public health and safety— 

24 (I) the use of motor vehicles; or 


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1 (II) the establishment of tem2 porary roads. 

3 (5) WITHDRAWAL.—Subject to valid existing 

4 rights, the Federal land described in paragraph (2) 

5 is withdrawn from— 

6 (A) all forms of entry, appropriation, or 

7 disposal under the public land laws; 

8 (B) location, entry, and patent under the 

9 mining laws; and 

10 (C) disposition under all laws relating to 

11 mineral and geothermal leasing or mineral ma12 terials. 

13 (e) WILD AND SCENIC RIVER DESIGNATIONS, ROGUE

14 RIVER AREA.— 

15 (1) AMENDMENTS.—Section 3(a) of the Wild 

16 and Scenic Rivers Act (16 U.S.C. 1274(a)) is 

17 amended by striking paragraph (5) and inserting the 

18 following: 

19 ‘‘(5) ROGUE, OREGON.— 

20 ‘‘(A) IN GENERAL.—The segment of the 

21 river extending from the mouth of the Apple22 gate River downstream to the Lobster Creek 

23 Bridge, to be administered by the Secretary of 

24 the Interior or the Secretary of Agriculture, as 


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1 agreed to by the Secretaries of the Interior and 

2 Agriculture or as directed by the President. 

3 ‘‘(B) ADDITIONS.—In addition to the seg4 ment described in subparagraph (A), there are 

5 designated the following segments in the Rogue 

6 River: 

7 ‘‘(i) KELSEY CREEK.—The approxi8 mately 4.8-mile segment of Kelsey Creek 

9 from the east section line of T. 32 S., R. 

10 9 W., sec. 34, Willamette Meridian, to the 

11 confluence with the Rogue River, as a wild 

12 river. 

13 ‘‘(ii) EAST FORK KELSEY CREEK.— 

14 The approximately 4.6-mile segment of 

15 East Fork Kelsey Creek from the Wild 

16 Rogue Wilderness boundary in T. 33 S., R. 

17 8 W., sec. 5, Willamette Meridian, to the 

18 confluence with Kelsey Creek, as a wild 

19 river. 

20 ‘‘(iii) WHISKY CREEK.— 

21 ‘‘(I) RECREATIONAL RIVER.— 

22 The approximately 0.6-mile segment 

23 of Whisky Creek from the confluence 

24 of the East Fork and West Fork to 


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1 0.1 miles downstream from road 33-8- 

2 23, as a recreational river. 

3 ‘‘(II) WILD RIVER.—The ap4 proximately 1.9-mile segment of Whis5 ky Creek from 0.1 miles downstream 

6 from road 33-8-23 to the confluence 

7 with the Rogue River, as a wild river. 

8 ‘‘(iv) EAST FORK WHISKY CREEK.— 

9 ‘‘(I) WILD RIVER.—The approxi10 mately 2.6-mile segment of East Fork 

11 Whisky Creek from the Wild Rogue 

12 Wilderness boundary in T. 33 S., R. 

13 8 W., sec. 11, Willamette Meridian., 

14 to 0.1 miles downstream of road 33- 

15 8-26 crossing, as a wild river. 

16 ‘‘(II) RECREATIONAL RIVER.— 

17 The approximately 0.3-mile segment 

18 of East Fork Whisky Creek from 0.1 

19 miles downstream of road 33-8-26 to 

20 the confluence with Whisky Creek, as 

21 a recreational river. 

22 ‘‘(v) WEST FORK WHISKY CREEK.— 

23 The approximately 4.8-mile segment of 

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1 waters to the confluence with Whisky 

2 Creek, as a wild river. 

3 ‘‘(vi) BIG WINDY CREEK.— 

4 ‘‘(I) SCENIC RIVER.—The ap5 proximately 1.5-mile segment of Big 

6 Windy Creek from its headwaters to 

7 0.1 miles downstream from road 34-9- 

8 17.1, as a scenic river. 

9 ‘‘(II) WILD RIVER.—The ap10 proximately 5.8-mile segment of Big 

11 Windy Creek from 0.1 miles down12 stream from road 34-9-17.1 to the 

13 confluence with the Rogue River, as a 

14 wild river. 

15 ‘‘(vii) EAST FORK BIG WINDY

16 CREEK.— 

17 ‘‘(I) SCENIC RIVER.—The ap18 proximately 0.2-mile segment of East 

19 Fork Big Windy Creek from its head20 waters to 0.1 miles downstream from 

21 road 34-8-36, as a scenic river. 

22 ‘‘(II) WILD RIVER.—The ap23 proximately 3.7-mile segment of East 

24 Fork Big Windy Creek from 0.1 miles 

25 downstream from road 34-8-36 to the 


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1 confluence with Big Windy Creek, as 

2 a wild river. 

3 ‘‘(viii) LITTLE WINDY CREEK.—The 

4 approximately 1.9-mile segment of Little 

5 Windy Creek from 0.1 miles downstream 

6 of road 34-8-36 to the confluence with the 

7 Rogue River, as a wild river. 

8 ‘‘(ix) HOWARD CREEK.— 

9 ‘‘(I) SCENIC RIVER.—The ap10 proximately 0.3-mile segment of How11 ard Creek from its headwaters to 0.1 

12 miles downstream of road 34-9-34, as 

13 a scenic river. 

14 ‘‘(II) WILD RIVER.—The ap15 proximately 6.9-mile segment of How16 ard Creek from 0.1 miles downstream 

17 of road 34-9-34 to the confluence with 

18 the Rogue River, as a wild river. 

19 ‘‘(x) MULE CREEK.—The approxi20 mately 6.3-mile segment of Mule Creek 

21 from the east section line of T. 32 S., R. 

22 10 W., sec. 25, Willamette Meridian, to the 

23 confluence with the Rogue River, as a wild 

24 river. 


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1 ‘‘(xi) ANNA CREEK.—The approxi2 mately 3.5-mile segment of Anna Creek 

3 from its headwaters to the confluence with 

4 Howard Creek, as a wild river. 

5 ‘‘(xii) MISSOURI CREEK.—The ap6 proximately 1.6-mile segment of Missouri 

7 Creek from the Wild Rogue Wilderness 

8 boundary in T. 33 S., R. 10 W., sec. 24, 

9 Willamette Meridian, to the confluence 

10 with the Rogue River, as a wild river. 

11 ‘‘(xiii) JENNY CREEK.—The approxi12 mately 1.8-mile segment of Jenny Creek 

13 from the Wild Rogue Wilderness boundary 

14 in T. 33 S., R. 9 W., sec.28, Willamette 

15 Meridian, to the confluence with the Rogue 

16 River, as a wild river. 

17 ‘‘(xiv) RUM CREEK.—The approxi18 mately 2.2-mile segment of Rum Creek 

19 from the Wild Rogue Wilderness boundary 

20 in T. 34 S., R. 8 W., sec. 9, Willamette 

21 Meridian, to the confluence with the Rogue 

22 River, as a wild river. 

23 ‘‘(xv) EAST FORK RUM CREEK.—The 

24 approximately 1.3-mile segment of East 

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•S 2734 IS

1 ness boundary in T. 34 S., R. 8 W., sec. 

2 10, Willamette Meridian, to the confluence 

3 with Rum Creek, as a wild river. 

4 ‘‘(xvi) WILDCAT CREEK.—The ap5 proximately 1.7-mile segment of Wildcat 

6 Creek from its headwaters downstream to 

7 the confluence with the Rogue River, as a 

8 wild river. 

9 ‘‘(xvii) MONTGOMERY CREEK.—The 

10 approximately 1.8-mile segment of Mont11 gomery Creek from its headwaters down12 stream to the confluence with the Rogue 

13 River, as a wild river. 

14 ‘‘(xviii) HEWITT CREEK.—The ap15 proximately 1.2-mile segment of Hewitt 

16 Creek from the Wild Rogue Wilderness 

17 boundary in T. 33 S., R. 9 W., sec. 19, 

18 Willamette Meridian, to the confluence 

19 with the Rogue River, as a wild river. 

20 ‘‘(xix) BUNKER CREEK.—The approxi21 mately 6.6-mile segment of Bunker Creek 

22 from its headwaters to the confluence with 

23 the Rogue River, as a wild river. 

24 ‘‘(xx) DULOG CREEK.— 


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1 ‘‘(I) SCENIC RIVER.—The ap2 proximately 0.8-mile segment of 

3 Dulog Creek from its headwaters to 

4 0.1 miles downstream of road 34-8- 

5 36, as a scenic river. 

6 ‘‘(II) WILD RIVER.—The ap7 proximately 1.0-mile segment of 

8 Dulog Creek from 0.1 miles down9 stream of road 34-8-36 to the con10 fluence with the Rogue River, as a 

11 wild river. 

12 ‘‘(xxi) QUAIL CREEK.—The approxi13 mately 1.7-mile segment of Quail Creek 

14 from the Wild Rogue Wilderness boundary 

15 in T. 33 S., R. 10 W., sec. 1, Willamette 

16 Meridian, to the confluence with the Rogue 

17 River, as a wild river. 

18 ‘‘(xxii) MEADOW CREEK.—The ap19 proximately 4.1-mile segment of Meadow 

20 Creek from its headwaters to the con21 fluence with the Rogue River, as a wild 

22 river. 

23 ‘‘(xxiii) RUSSIAN CREEK.—The ap24 proximately 2.5-mile segment of Russian 

25 Creek from the Wild Rogue Wilderness 


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•S 2734 IS

1 boundary in T. 33 S., R. 8 W., sec. 20, 

2 Willamette Meridian, to the confluence 

3 with the Rogue River, as a wild river. 

4 ‘‘(xxiv) ALDER CREEK.—The approxi5 mately 1.2-mile segment of Alder Creek 

6 from its headwaters to the confluence with 

7 the Rogue River, as a wild river. 

8 ‘‘(xxv) BOOZE CREEK.—The approxi9 mately 1.5-mile segment of Booze Creek 

10 from its headwaters to the confluence with 

11 the Rogue River, as a wild river. 

12 ‘‘(xxvi) BRONCO CREEK.—The ap13 proximately 1.8-mile segment of Bronco 

14 Creek from its headwaters to the con15 fluence with the Rogue River, as a wild 

16 river. 

17 ‘‘(xxvii) COPSEY CREEK.—The ap18 proximately 1.5-mile segment of Copsey 

19 Creek from its headwaters to the con20 fluence with the Rogue River, as a wild 

21 river. 

22 ‘‘(xxviii) CORRAL CREEK.—The ap23 proximately 0.5-mile segment of Corral 

24 Creek from its headwaters to the conVerDate Mar 15 2010 03:07 Aug 08, 2014 Jkt 039200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\S2734.IS S2734

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1 fluence with the Rogue River, as a wild 

2 river. 

3 ‘‘(xxix) COWLEY CREEK.—The ap4 proximately 0.9-mile segment of Cowley 

5 Creek from its headwaters to the con6 fluence with the Rogue River, as a wild 

7 river. 

8 ‘‘(xxx) DITCH CREEK.—The approxi9 mately 1.8-mile segment of Ditch Creek 

10 from the Wild Rogue Wilderness boundary 

11 in T. 33 S., R. 9 W., sec. 5, Willamette 

12 Meridian, to its confluence with the Rogue 

13 River, as a wild river. 

14 ‘‘(xxxi) FRANCIS CREEK.—The ap15 proximately 0.9-mile segment of Francis 

16 Creek from its headwaters to the con17 fluence with the Rogue River, as a wild 

18 river. 

19 ‘‘(xxxii) LONG GULCH.—The approxi20 mately 1.1-mile segment of Long Gulch 

21 from the Wild Rogue Wilderness boundary 

22 in T. 33 S., R. 10 W., sec. 23, Willamette 

23 Meridian, to the confluence with the Rogue 

24 River, as a wild river. 


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1 ‘‘(xxxiii) BAILEY CREEK.—The ap2 proximately 1.7-mile segment of Bailey 

3 Creek from the west section line of T. 34 

4 S., R.8 W., sec.14, Willamette Meridian, to 

5 the confluence of the Rogue River, as a 

6 wild river. 

7 ‘‘(xxxiv) SHADY CREEK.—The ap8 proximately 0.7-mile segment of Shady 

9 Creek from its headwaters to the con10 fluence with the Rogue River, as a wild 

11 river. 

12 ‘‘(xxxv) SLIDE CREEK.— 

13 ‘‘(I) SCENIC RIVER.—The ap14 proximately 0.5-mile segment of Slide 

15 Creek from its headwaters to 0.1 

16 miles downstream from road 33-9-6, 

17 as a scenic river. 

18 ‘‘(II) WILD RIVER.—The ap19 proximately 0.7-mile section of Slide 

20 Creek from 0.1 miles downstream of 

21 road 33-9-6 to the confluence with the 

22 Rogue River, as a wild river.’’. 

23 (2) MANAGEMENT.—Each river segment des24 ignated by subparagraph (B) of section 3(a)(5) of 

25 the Wild and Scenic Rivers Act (16 U.S.C. 


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1 1274(a)(5)) (as added by paragraph (1)) shall be 

2 managed as part of the Rogue Wild and Scenic 

3 River. 

4 (3) WITHDRAWAL.—Subject to valid existing 

5 rights, the Federal land within the boundaries of the 

6 river segments designated under subparagraph (B) 

7 of section 3(a)(5) of the Wild and Scenic Rivers Act 

8 (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) 

9 is withdrawn from all forms of— 

10 (A) entry, appropriation, or disposal under 

11 the public land laws; 

12 (B) location, entry, and patent under the 

13 mining laws; and 

14 (C) disposition under all laws pertaining to 

15 mineral and geothermal leasing or mineral ma16 terials. 

17 (f) ADDITIONAL PROTECTIONS FOR ROGUE RIVER

18 TRIBUTARIES.— 

19 (1) LICENSING BY COMMISSION.—The Commis20 sion shall not license the construction of any dam, 

21 water conduit, reservoir, powerhouse, transmission 

22 line, or other project works on or directly affecting 

23 any stream described in paragraph (4). 

24 (2) OTHER AGENCIES.— 


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1 (A) IN GENERAL.—No department or 

2 agency of the United States shall assist by loan, 

3 grant, license, or otherwise in the construction 

4 of any water resources project on or directly af5 fecting any stream segment that is described in 

6 paragraph (4), except to maintain or repair 

7 water resources projects in existence on the 

8 date of enactment of this Act. 

9 (B) EFFECT.—Nothing in this paragraph 

10 prohibits any department or agency of the 

11 United States in assisting by loan, grant, li12 cense, or otherwise, a water resources project— 

13 (i) the primary purpose of which is ec14 ological or aquatic restoration; and 

15 (ii) that provides a net benefit to 

16 water quality and aquatic resources. 

17 (3) WITHDRAWAL.—Subject to valid existing 

rights, the Federal land located within 1 18 ⁄4 mile on ei19 ther side of the stream segments described in para20 graph (4), is withdrawn from all forms of— 

21 (A) entry, appropriation, or disposal under 

22 the public land laws; 

23 (B) location, entry, and patent under the 

24 mining laws; and 


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1 (C) disposition under all laws pertaining to 

2 mineral and geothermal leasing or mineral ma3 terials. 

4 (4) DESCRIPTION OF STREAM SEGMENTS.—The 

5 following are the stream segments referred to in 

6 paragraph (1): 

7 (A) KELSEY CREEK.—The approximately 

8 4.5-mile segment of Kelsey Creek from its 

9 headwaters to the east section line of T. 32 S., 

10 R. 9 W., sec. 34. 

11 (B) EAST FORK KELSEY CREEK.—The ap12 proximately 0.2-mile segment of East Fork 

13 Kelsey Creek from its headwaters to the Wild 

14 Rogue Wilderness boundary in T. 33 S., R. 8 

15 W., sec. 5. 

16 (C) EAST FORK WHISKY CREEK.—The ap17 proximately 0.9-mile segment of East Fork 

18 Whisky Creek from its headwaters to the Wild 

19 Rogue Wilderness boundary in T. 33 S., R. 8 

20 W., sec. 11. 

21 (D) LITTLE WINDY CREEK.—The approxi22 mately 1.2-mile segment of Little Windy Creek 

23 from its headwaters to the west section line of 

24 T. 33 S., R. 9 W., sec. 34. 


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1 (E) MULE CREEK.—The approximately 

2 5.1-mile segment of Mule Creek from its head3 waters to the east section line of T. 32 S., R. 

4 10 W., sec. 25. 

5 (F) MISSOURI CREEK.—The approximately 

6 3.1-mile segment of Missouri Creek from its 

7 headwaters to the Wild Rogue Wilderness 

8 boundary in T. 33 S., R. 10 W., sec. 24. 

9 (G) JENNY CREEK.—The approximately 

10 3.1-mile segment of Jenny Creek from its head11 waters to the Wild Rogue Wilderness boundary 

12 in T. 33 S., R. 9 W., sec. 28. 

13 (H) RUM CREEK.—The approximately 2.2- 

14 mile segment of Rum Creek from its head15 waters to the Wild Rogue Wilderness boundary 

16 in T. 34 S., R. 8 W., sec. 9. 

17 (I) EAST FORK RUM CREEK.—The approxi18 mately 0.8-mile segment of East Fork Rum 

19 Creek from its headwaters to the Wild Rogue 

20 Wilderness boundary in T. 34 S., R. 8 W., sec. 

21 10. 

22 (J) HEWITT CREEK.—The approximately 

23 1.4-mile segment of Hewitt Creek from its 

24 headwaters to the Wild Rogue Wilderness 

25 boundary in T. 33 S., R. 9 W., sec. 19. 


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1 (K) QUAIL CREEK.—The approximately 

2 0.8-mile segment of Quail Creek from its head3 waters to the Wild Rogue Wilderness boundary 

4 in T. 33 S., R. 10 W., sec. 1. 

5 (L) RUSSIAN CREEK.—The approximately 

6 0.1-mile segment of Russian Creek from its 

7 headwaters to the Wild Rogue Wilderness 

8 boundary in T. 33 S., R. 8 W., sec. 20. 

9 (M) DITCH CREEK.—The approximately 

10 0.7-mile segment of Ditch Creek from its head11 waters to the Wild Rogue Wilderness boundary 

12 in T. 33 S., R. 9 W., sec. 5. 

13 (N) LONG GULCH.—The approximately 

14 1.4-mile segment of Long Gulch from its head15 waters to the Wild Rogue Wilderness boundary 

16 in T. 33 S., R. 10 W., sec. 23. 

17 (O) BAILEY CREEK.—The approximately 

18 1.4-mile segment of Bailey Creek from its head19 waters to the west section line of T. 34 S., R. 

20 8 W., sec. 14. 

21 (P) QUARTZ CREEK.—The approximately 

22 3.3-mile segment of Quartz Creek from its 

23 headwaters to its confluence with the North 

24 Fork Galice Creek. 


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1 (Q) NORTH FORK GALICE CREEK.—The 

2 approximately 5.7-mile segment of the North 

3 Fork Galice Creek from its headwaters to its 

4 confluence with Galice Creek. 

5 (R) GRAVE CREEK.—The approximately 

6 10.2-mile segment of Grave Creek from the 

7 confluence of Wolf Creek downstream to the 

8 confluence with the Rogue River. 

9 (S) CENTENNIAL GULCH.—The approxi10 mately 2.2-mile segment of Centennial Gulch 

11 from its headwaters to its confluence with the 

12 Rogue River. 

13 (T) GALICE CREEK.—The approximately 

14 2.2-mile segment of Galice Creek from the con15 fluence with the South Fork Galice Creek 

16 downstream to the Rogue River. 

17 Subtitle B—Devil’s Staircase 

18 Wilderness 

19 SEC. 511. DEFINITIONS. 

20 In this subtitle: 

21 (1) MAP.—The term ‘‘map’’ means the map en22 titled ‘‘Devil’s Staircase Wilderness Proposal’’ and 

23 dated June 15, 2010. 

24 (2) SECRETARY.—The term ‘‘Secretary’’ 

25 means— 


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1 (A) with respect to land under the jurisdic2 tion of the Secretary of Agriculture, the Sec3 retary of Agriculture; and 

4 (B) with respect to land under the jurisdic5 tion of the Secretary of the Interior, the Sec6 retary of the Interior. 

7 (3) STATE.—The term ‘‘State’’ means the State 

8 of Oregon. 

9 (4) WILDERNESS.—The term ‘‘Wilderness’’ 

10 means the Devil’s Staircase Wilderness designated 

11 by section 512(a). 

12 SEC. 512. DEVIL’S STAIRCASE WILDERNESS, OREGON. 

13 (a) DESIGNATION.—In accordance with the Wilder14 ness Act (16 U.S.C. 1131 et seq.), the approximately 

15 30,540 acres of Forest Service land and Bureau of Land 

16 Management land in the State, as generally depicted on 

17 the map, is designated as wilderness and as a component 

18 of the National Wilderness Preservation System, to be 

19 known as the ‘‘Devil’s Staircase Wilderness’’. 

20 (b) MAP; LEGAL DESCRIPTION.— 

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

22 the date of enactment of this Act, the Secretary 

23 shall prepare a map and legal description of the Wil24 derness. 


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1 (2) FORCE OF LAW.—The map and legal de2 scription prepared under paragraph (1) shall have 

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

4 except that the Secretary may correct clerical and 

5 typographical errors in the map and legal descrip6 tion. 

7 (3) AVAILABILITY.—The map and legal descrip8 tion prepared under paragraph (1) shall be on file 

9 and available for public inspection in the appropriate 

10 offices of the Forest Service and Bureau of Land 

11 Management. 

12 (c) ADMINISTRATION.—Subject to valid existing 

13 rights, the area designated as wilderness by this section 

14 shall be administered by the Secretary in accordance with 

15 the Wilderness Act (16 U.S.C. 1131 et seq.), except 

16 that— 

17 (1) any reference in that Act to the effective 

18 date shall be considered to be a reference to the date 

19 of enactment of this Act; and 

20 (2) any reference in that Act to the Secretary 

21 of Agriculture shall be considered to be a reference 

22 to the Secretary that has jurisdiction over the land 

23 within the Wilderness. 


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1 (d) FISH AND WILDLIFE.—Nothing in this section 

2 affects the jurisdiction or responsibilities of the State with 

3 respect to fish and wildlife in the State. 

4 (e) ADJACENT MANAGEMENT.— 

5 (1) IN GENERAL.—Nothing in this section cre6 ates any protective perimeter or buffer zone around 

7 the Wilderness. 

8 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

9 fact that a nonwilderness activity or use on land out10 side the Wilderness can be seen or heard within the 

11 Wilderness shall not preclude the activity or use out12 side the boundary of the Wilderness. 

13 (f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

14 this section diminishes any treaty rights of an Indian 

15 tribe. 

16 (g) TRANSFER OF ADMINISTRATIVE JURISDIC17 TION.— 

18 (1) IN GENERAL.—Administrative jurisdiction 

19 over the approximately 49 acres of Bureau of Land 

20 Management land north of the Umpqua River in sec. 

21 32, T. 21 S., R. 11 W, is transferred from the Bu22 reau of Land Management to the Forest Service. 

23 (2) ADMINISTRATION.—The Secretary shall ad24 minister the land transferred by paragraph (1) in 

25 accordance with— 


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1 (A) the Act of March 1, 1911 (commonly 

2 known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

3 seq.); and 

4 (B) any laws (including regulations) appli5 cable to the National Forest System. 

6 SEC. 513. WILD AND SCENIC RIVER DESIGNATIONS, 

7 WASSON CREEK AND FRANKLIN CREEK, OR8 EGON. 

9 Section 3(a) of the Wild and Scenic Rivers Act (16 

10 U.S.C. 1274(a)) (as amended by section 302(a)) is amend11 ed by adding at the end the following: 

12 ‘‘(214) FRANKLIN CREEK, OREGON.—The 4.5- 

13 mile segment from its headwaters to the line of 

14 angle points within sec. 8, T. 22 S., R. 10 W., 

15 shown on the survey recorded in the Official Records 

16 of Douglas County, Oregon, as M64–62, to be ad17 ministered by the Secretary of Agriculture as a wild 

18 river. 

19 ‘‘(215) WASSON CREEK, OREGON.—The 10.1- 

20 mile segment in the following classes: 

21 ‘‘(A) The 4.2-mile segment from the east22 ern boundary of sec. 17, T. 21 S., R. 9 W., 

23 downstream to the western boundary of sec. 12, 

24 T. 21 S., R. 10 W., to be administered by the 

25 Secretary of the Interior as a wild river. 


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1 ‘‘(B) The 5.9-mile segment from the west2 ern boundary of sec. 12, T. 21 S., R. 10 W., 

3 downstream to the eastern boundary of the 

4 northwest quarter of sec. 22, T. 21 S., R. 10 

5 W., to be administered by the Secretary of Ag6 riculture as a wild river.’’. 

7 Subtitle C—Additional Wild and 

8 Scenic River Designations and 

9 Technical Corrections 

10 SEC. 521. DESIGNATION OF WILD AND SCENIC RIVER SEG11 MENTS, MOLALLA RIVER, OREGON. 

12 (a) IN GENERAL.—Section 3(a) of the Wild and Sce13 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by sec14 tion 513) is amended by adding at the end the following: 

15 ‘‘(216) MOLALLA RIVER, OREGON.— 

16 ‘‘(A) IN GENERAL.—The following seg17 ments in the State of Oregon, to be adminis18 tered by the Secretary of the Interior as a rec19 reational river: 

20 ‘‘(i) MOLALLA RIVER.—The approxi21 mately 15.1-mile segment from the south22 ern boundary line of T. 7 S., R. 4 E., sec. 

23 19, downstream to the edge of the Bureau 

24 of Land Management boundary in T. 6 S., 

25 R. 3 E., sec. 7. 


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1 ‘‘(ii) TABLE ROCK FORK MOLALLA

2 RIVER.—The approximately 6.2-mile seg3 ment from the easternmost Bureau of 

4 Land Management boundary line in the 

NE 1 5 ⁄4 sec. 4, T. 7 S., R. 4 E., down6 stream to the confluence with the Molalla 

7 River. 

8 ‘‘(B) WITHDRAWAL.—Subject to valid ex9 isting rights, the Federal land within the 

10 boundaries of the river segments designated by 

11 subparagraph (A) is withdrawn from all forms 

12 of— 

13 ‘‘(i) entry, appropriation, or disposal 

14 under the public land laws; 

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

16 the mining laws; and 

17 ‘‘(iii) disposition under all laws relat18 ing to mineral and geothermal leasing or 

19 mineral materials.’’. 

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

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

22 is amended— 

23 (1) in the heading, by striking ‘‘SQUAW CREEK’’ 

24 and inserting ‘‘WHYCHUS CREEK’’; 


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

2 by striking ‘‘McAllister Ditch, including the Soap 

3 Fork Squaw Creek, the North Fork, the South 

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

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

6 including the Soap Creek, the North and South 

7 Forks of Whychus Creek, the East and West Forks 

8 of Park Creek, and Park Creek’’; and 

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

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

11 SEC. 522. TECHNICAL CORRECTIONS TO THE WILD AND 

12 SCENIC RIVERS ACT. 

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

14 (16 U.S.C. 1274(a)(69)) is amended— 

15 (1) by redesignating subparagraphs (A), (B), 

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

17 and indenting appropriately; 

18 (2) in the matter preceding clause (i) (as so re19 designated), by striking ‘‘The 44.5–mile’’ and insert20 ing the following: 

21 ‘‘(A) DESIGNATIONS.—The 44.5–mile’’; 

22 (3) in clause (i) (as so redesignated)— 

23 (A) by striking ‘‘25.5–mile’’ and inserting 

24 ‘‘27.5–mile’’; and 


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

2 Kalmiopsis Wilderness boundary’’ and inserting 

3 ‘‘Mislatnah Creek’’; 

4 (4) in clause (ii) (as so redesignated)— 

5 (A) by striking ‘‘8–mile’’ and inserting 

6 ‘‘7.5–mile’’; and 

7 (B) by striking ‘‘Boulder Creek to Steel 

8 Bridge’’ and inserting ‘‘Mislatnah Creek to 

9 Eagle Creek’’; 

10 (5) in clause (iii) (as so redesignated)— 

11 (A) by striking ‘‘11–mile’’ and inserting 

12 ‘‘9.5–mile’’; and 

13 (B) by striking ‘‘Steel Bridge’’ and insert14 ing ‘‘Eagle Creek’’; and 

15 (6) by adding at the end the following: 

16 ‘‘(B) WITHDRAWAL.—Subject to valid 

17 rights, the Federal land within the boundaries 

18 of the river segments designated by subpara19 graph (A), is withdrawn from all forms of— 

20 ‘‘(i) entry, appropriation, or disposal 

21 under the public land laws; 

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

23 the mining laws; and 


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1 ‘‘(iii) disposition under all laws per2 taining to mineral and geothermal leasing 

3 or mineral materials.’’. 

Æ 


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