282 
tled ‘‘Oregon Coastal Land Conveyance’’ and dated 
March 5, 2013. 
(2) CONFEDERATED TRIBES.—The term ‘‘Con-
federated Tribes’’ means the Confederated Tribes of 
Coos, Lower Umpqua, and Siuslaw Indians. 
SEC. 396. CONVEYANCE. 
(a) IN GENERAL.—Subject to valid existing rights, 
including rights-of-way, all right, title, and interest of the 
United States in and to the Oregon Coastal land, includ-
ing any improvements located on the land, appurtenances 
to the land, and minerals on or in the land, including oil 
and gas, shall be— 
(1) held in trust by the United States for the 
benefit of the Confederated Tribes; and 
(2) part of the reservation of the Confederated 
Tribes. 
(b) SURVEY.—Not later than one year after the date 
of enactment of this Act, the Secretary of the Interior 
shall complete a survey of the boundary lines to establish 
the boundaries of the land taken into trust under sub-
section (a). 
SEC. 397. MAP AND LEGAL DESCRIPTION. 
(a) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, the Secretary of the Interior
283 
shall file a map and legal description of the Oregon Coast-
al land with— 
(1) the Committee on Energy and Natural Re-
sources of the Senate; and 
(2) the Committee on Natural Resources of the 
House of Representatives. 
(b) FORCE AND EFFECT.—The map and legal de-
scription filed under subsection (a) shall have the same 
force and effect as if included in this subdivision, except 
that the Secretary of the Interior may correct any clerical 
or typographical errors in the map or legal description. 
(c) PUBLIC AVAILABILITY.—The map and legal de-
scription filed under subsection (a) shall be on file and 
available for public inspection in the Office of the Sec-
retary of the Interior. 
SEC. 398. ADMINISTRATION. 
(a) IN GENERAL.—Unless expressly provided in this 
part, nothing in this part affects any right or claim of 
the Consolidated Tribes existing on the date of enactment 
of this Act to any land or interest in land. 
(b) PROHIBITIONS.— 
(1) EXPORTS
OF
UNPROCESSED
LOGS.—Fed-
eral law (including regulations) relating to the ex-
port of unprocessed logs harvested from Federal
284 
land shall apply to any unprocessed logs that are 
harvested from the Oregon Coastal land. 
(2) NON-PERMISSIBLE USE OF LAND.—Any real 
property taken into trust under section 396 shall not 
be eligible, or used, for any gaming activity carried 
out under Public Law 100–497 (25 U.S.C. 2701 et 
seq.). 
(c) FOREST MANAGEMENT.—Any forest management 
activity that is carried out on the Oregon Coastal land 
shall be managed in accordance with all applicable Federal 
laws. 
TITLE IV—COMMUNITY FOREST 
MANAGEMENT DEMONSTRATION 
SEC. 401. PURPOSE AND DEFINITIONS. 
(a) PURPOSE.—The purpose of this title is to gen-
erate dependable economic activity for counties and local 
governments by establishing a demonstration program for 
local, sustainable forest management. 
(b) DEFINITIONS.—In this title: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Advisory Committee ap-
pointed by the Governor of a State for the commu-
nity forest demonstration area established for the 
State.
285 
(2) 
COMMUNITY
FOREST
DEMONSTRATION 
AREA.—The term ‘‘community forest demonstration 
area’’ means a community forest demonstration area 
established for a State under section 402. 
(3) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
that term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)), except that the term does not in-
clude the National Grasslands and land utilization 
projects designated as National Grasslands adminis-
tered pursuant to the Act of July 22, 1937 (7 
U.S.C. 1010–1012). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture or the designee of the 
Secretary of Agriculture. 
(5) STATE.—The term ‘‘State’’ includes the 
Commonwealth of Puerto Rico. 
SEC. 402. ESTABLISHMENT OF COMMUNITY FOREST DEM-
ONSTRATION AREAS. 
(a) ESTABLISHMENT REQUIRED; TIME FOR ESTAB-
LISHMENT.—Subject to subsection (c) and not later than 
one year after the date of the enactment of this Act, the 
Secretary of Agriculture shall establish a community for-
est demonstration area at the request of the Advisory
286 
Committee appointed to manage community forest dem-
onstration area land in that State. 
(b) COVERED LAND.— 
(1) INCLUSION OF NATIONAL FOREST SYSTEM 
LAND.—The community forest demonstration areas 
of a State shall consist of the National Forest Sys-
tem land in the State identified for inclusion by the 
Advisory Committee of that State. 
(2) EXCLUSION OF CERTAIN LAND.—A commu-
nity forest demonstration area shall not include Na-
tional Forest System land— 
(A) that is a component of the National 
Wilderness Preservation System; 
(B) on which the removal of vegetation is 
specifically prohibited by Federal statute; 
(C) National Monuments; or 
(D) over which administration jurisdiction 
was first assumed by the Forest Service under 
title III. 
(c) CONDITIONS ON ESTABLISHMENT.— 
(1) ACREAGE
REQUIREMENT.—A community 
forest demonstration area must include at least 
200,000 acres of National Forest System land. If 
the unit of the National Forest System in which a 
community forest demonstration area is being estab-
287 
lished contains more than 5,000,000 acres, the com-
munity forest demonstration area may include 
900,000 or more acres of National Forest System 
land. 
(2) MANAGEMENT LAW OR BEST MANAGEMENT 
PRACTICES
REQUIREMENT.—A community forest 
demonstration area may be established in a State 
only if the State— 
(A) has a forest practices law applicable to 
State or privately owned forest land in the 
State; or 
(B) has established silvicultural best man-
agement practices or other regulations for for-
est management practices related to clean 
water, soil quality, wildlife or forest health. 
(3) REVENUE SHARING REQUIREMENT.—As a 
condition of the inclusion in a community forest 
demonstration area of National Forest System land 
located in a particular county in a State, the county 
must enter into an agreement with the Governor of 
the State that requires that, in utilizing revenues re-
ceived by the county under section 406(b), the coun-
ty shall continue to meet any obligations under ap-
plicable State law as provided under title I of the 
Secure Rural Schools and Community Self-Deter-
288 
mination Act of 2000 (16 U.S.C. 7111 et seq.) or 
as provided in the sixth paragraph under the head-
ing ‘‘FOREST SERVICE’’ in the Act of May 23, 
1908 (16 U.S.C. 500) and section 13 of the Act of 
March 1, 1911 (16 U.S.C. 500). 
(d) TREATMENT UNDER CERTAIN OTHER LAWS.— 
National Forest System land included in a community for-
est demonstration area shall not be considered Federal 
land for purposes of— 
(1) making payments to counties under the 
sixth paragraph under the heading ‘‘FOREST 
SERVICE’’ in the Act of May 23, 1908 (16 U.S.C. 
500) and section 13 of the Act of March 1, 1911 
(16 U.S.C. 500); or 
(2) title I. 
(e) ACREAGE LIMITATION.—Not more than a total 
of 4,000,000 acres of National Forest System land may 
be established as community forest demonstration areas. 
(f) 
RECOGNITION
OF
VALID
AND
EXISTING 
RIGHTS.—Nothing in this title shall be construed to limit 
or restrict— 
(1) access to National Forest System land in-
cluded in a community forest demonstration area for 
hunting, fishing, and other related purposes; or
289 
(2) valid and existing rights regarding such Na-
tional Forest System land, including rights of any 
federally recognized Indian tribe. 
SEC. 403. ADVISORY COMMITTEE. 
(a) APPOINTMENT.—A community forest demonstra-
tion area for a State shall be managed by an Advisory 
Committee appointed by the Governor of the State. 
(b) COMPOSITION.—The Advisory Committee for a 
community forest demonstration area in a State shall in-
clude, but is not limited to, the following members: 
(1) One member who holds county or local 
elected office, appointed from each county or local 
governmental unit in the State containing commu-
nity forest demonstration area land. 
(2) One member who represents the commercial 
timber, wood products, or milling industry. 
(3) One member who represents persons hold-
ing Federal grazing or other land use permits. 
(4) One member who represents recreational 
users of National Forest System land. 
(c) TERMS.— 
(1) IN GENERAL.—Except in the case of certain 
initial appointments required by paragraph (2), 
members of an Advisory Committee shall serve for 
a term of three years.
290 
(2) INITIAL APPOINTMENTS.—In making initial 
appointments to an Advisory Committee, the Gov-
ernor making the appointments shall stagger terms 
so that at least one-third of the members will be re-
placed every three years. 
(d) COMPENSATION.—Members of a Advisory Com-
mittee shall serve without pay, but may be reimbursed 
from the funds made available for the management of a 
community forest demonstration area for the actual and 
necessary travel and subsistence expenses incurred by 
members in the performance of their duties. 
SEC. 404. MANAGEMENT OF COMMUNITY FOREST DEM-
ONSTRATION AREAS. 
(a) ASSUMPTION OF MANAGEMENT.— 
(1) CONFIRMATION.—The Advisory Committee 
appointed for a community forest demonstration 
area shall assume all management authority with re-
gard to the community forest demonstration area as 
soon as the Secretary confirms that— 
(A) the National Forest System land to be 
included in the community forest demonstration 
area meets the requirements of subsections (b) 
and (c) of section 402;
291 
(B) the Advisory Committee has been duly 
appointed under section 403 and is able to con-
duct business; and 
(C) provision has been made for essential 
management services for the community forest 
demonstration area. 
(2) SCOPE
AND
TIME
FOR
CONFIRMATION.— 
The determination of the Secretary under paragraph 
(1) is limited to confirming whether the conditions 
specified in subparagraphs (A) and (B) of such 
paragraph have been satisfied. The Secretary shall 
make the determination not later than 60 days after 
the date of the appointment of the Advisory Com-
mittee. 
(3) EFFECT OF FAILURE TO CONFIRM.—If the 
Secretary determines that either or both conditions 
specified in subparagraphs (A) and (B) of paragraph 
(1) are not satisfied for confirmation of an Advisory 
Committee, the Secretary shall— 
(A) promptly notify the Governor of the af-
fected State and the Advisory Committee of the 
reasons preventing confirmation; and 
(B) make a new determination under para-
graph (2) within 60 days after receiving a new 
request from the Advisory Committee that ad-
292 
dresses the reasons that previously prevented 
confirmation. 
(b) MANAGEMENT
RESPONSIBILITIES.—Upon as-
sumption of management of a community forest dem-
onstration area, the Advisory Committee for the commu-
nity forest demonstration area shall manage the land and 
resources of the community forest demonstration area and 
the occupancy and use thereof in conformity with this 
title, and to the extent not in conflict with this title, the 
laws and regulations applicable to management of State 
or privately-owned forest lands in the State in which the 
community forest demonstration area is located. 
(c) APPLICABILITY OF OTHER FEDERAL LAWS.— 
(1) IN
GENERAL.—The administration and 
management of a community forest demonstration 
area, including implementing actions, shall not be 
considered Federal action and shall be subject to the 
following only to the extent that such laws apply to 
the State or private administration and management 
of forest lands in the State in which the community 
forest demonstration area is located: 
(A) The Federal Water Pollution Control 
Act (33 U.S.C. 1251 note). 
(B) The Clean Air Act (42 U.S.C. 7401 et 
seq.).
293 
(C) The Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(D) Federal laws and regulations gov-
erning procurement by Federal agencies. 
(E) Except as provided in paragraph (2), 
other Federal laws. 
(2) APPLICABILITY
OF
NATIVE
AMERICAN 
GRAVES
PROTECTION
AND
REPATRIATION
ACT.— 
Notwithstanding the assumption by an Advisory 
Committee of management of a community forest 
demonstration area, the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3001 et 
seq.) shall continue to apply to the National Forest 
System land included in the community forest dem-
onstration area. 
(d) CONSULTATION.— 
(1) WITH INDIAN TRIBES.—The Advisory Com-
mittee for a community forest demonstration area 
shall cooperate and consult with Indian tribes on 
management policies and practices for the commu-
nity forest demonstration area that may affect the 
Indian tribes. The Advisory Committee shall take 
into consideration the use of lands within the com-
munity forest demonstration area for religious and 
cultural uses by Native Americans.
294 
(2) WITH COLLABORATIVE GROUPS.—The Advi-
sory Committee for a community forest demonstra-
tion area shall consult with any applicable forest col-
laborative group. 
(e) RECREATION.—Nothing in this section shall af-
fect public use and recreation within a community forest 
demonstration area. 
(f) FIRE MANAGEMENT.—The Secretary shall pro-
vide fire presuppression, suppression, and rehabilitation 
services on and with respect to a community forest dem-
onstration area to the same extent generally authorized 
in other units of the National Forest System. 
(g) PROHIBITION ON EXPORT.—As a condition on 
the sale of timber or other forest products from a commu-
nity forest demonstration area, unprocessed timber har-
vested from a community forest demonstration area may 
not be exported in accordance with subpart F of part 223 
of title 36, Code of Federal Regulations. 
SEC. 405. DISTRIBUTION OF FUNDS FROM COMMUNITY 
FOREST DEMONSTRATION AREA. 
(a) RETENTION OF FUNDS FOR MANAGEMENT.—The 
Advisory Committee appointed for a community forest 
demonstration area may retain such sums as the Advisory 
Committee considers to be necessary from amounts gen-
erated from that community forest demonstration area to
295 
fund the management, administration, restoration, oper-
ation and maintenance, improvement, repair, and related 
expenses incurred with respect to the community forest 
demonstration area. 
(b) FUNDS TO COUNTIES OR LOCAL GOVERNMENTAL 
UNITS.—Subject to subsection (a) and section 407, the 
Advisory Committee for a community forest demonstra-
tion area in a State shall distribute funds generated from 
that community forest demonstration area to each county 
or local governmental unit in the State in an amount pro-
portional to the funds received by the county or local gov-
ernmental unit under title I of the Secure Rural Schools 
and Community Self-Determination Act of 2000 (16 
U.S.C. 7111 et seq.). 
SEC. 406. INITIAL FUNDING AUTHORITY. 
(a) FUNDING SOURCE.—Counties may use such sum 
as the counties consider to be necessary from the amounts 
made available to the counties under section 501 to pro-
vide initial funding for the management of community for-
est demonstration areas. 
(b) NO RESTRICTION ON USE OF NON-FEDERAL 
FUNDS.—Nothing in this title restricts the Advisory Com-
mittee of a community forest demonstration area from 
seeking non-Federal loans or other non-Federal funds for 
management of the community forest demonstration area.
296 
SEC. 407. PAYMENTS TO UNITED STATES TREASURY. 
(a) PAYMENT REQUIREMENT.—As soon as prac-
ticable after the end of the fiscal year in which a commu-
nity forest demonstration area is established and as soon 
as practicable after the end of each subsequent fiscal year, 
the Advisory Committee for a community forest dem-
onstration area shall make a payment to the United States 
Treasury. 
(b) PAYMENT AMOUNT.—The payment for a fiscal 
year under subsection (a) with respect to a community for-
est demonstration area shall be equal to 75 percent of the 
quotient obtained by dividing— 
(1) the number obtained by multiplying the 
number of acres of land in the community forest 
demonstration area by the average annual receipts 
generated over the preceding 10-fiscal year period 
from the unit or units of the National Forest Sys-
tem containing that community forest demonstration 
area; by 
(2) the total acres of National Forest System 
land in that unit or units of the National Forest 
System. 
SEC. 408. TERMINATION OF COMMUNITY FOREST DEM-
ONSTRATION AREA. 
(a) TERMINATION AUTHORITY.—Subject to approval 
by the Governor of the State, the Advisory Committee for
297 
a community forest demonstration area may terminate the 
community forest demonstration area by a unanimous 
vote. 
(b) EFFECT OF TERMINATION.—Upon termination of 
a community forest demonstration area, the Secretary 
shall immediately resume management of the National 
Forest System land that had been included in the commu-
nity forest demonstration area, and the Advisory Com-
mittee shall be dissolved. 
(c) TREATMENT OF UNDISTRIBUTED FUNDS.—Any 
revenues from the terminated area that remain undistrib-
uted under section 405 more than 30 days after the date 
of termination shall be deposited in the general fund of 
the Treasury for use by the Forest Service in such 
amounts as may be provided in advance in appropriation 
Acts.
298 
TITLE 
V—REAUTHORIZATION 
AND AMENDMENT OF EXIST-
ING 
AUTHORITIES 
AND 
OTHER MATTERS 
SEC. 501. EXTENSION OF SECURE RURAL SCHOOLS AND 
COMMUNITY SELF-DETERMINATION ACT OF 
2000 PENDING FULL OPERATION OF FOREST 
RESERVE REVENUE AREAS. 
(a) BENEFICIARY COUNTIES.—During the month of 
February 2015, the Secretary of Agriculture shall dis-
tribute to each beneficiary county (as defined in section 
102(2)) a payment equal to the amount distributed to the 
beneficiary county for fiscal year 2010 under section 
102(c)(1) of the Secure Rural Schools and Community 
Self-Determination Act of 2000 (16 U.S.C. 7112(c)(1)). 
(b) COUNTIES THAT WERE ELIGIBLE FOR DIRECT 
COUNTY PAYMENTS.— 
(1) TOTAL
AMOUNT
AVAILABLE
FOR
PAY-
MENTS.—During the month of February 2015, the 
Secretary of the Interior shall distribute to all coun-
ties that received a payment for fiscal year 2010 
under subsection (a)(2) of section 102 of the Secure 
Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7112) payments in a total 
amount equal to the difference between—
299 
(A) the total amount distributed to all 
such counties for fiscal year 2010 under sub-
section (c)(1) of such section; and 
(B) $27,000,000. 
(2) COUNTY SHARE.—From the total amount 
determined under paragraph (1), each county de-
scribed in such paragraph shall receive, during the 
month of February 2015, an amount that bears the 
same proportion to the total amount made available 
under such paragraph as that county’s payment for 
fiscal year 2010 under subsection (c)(1) of section 
102 of the Secure Rural Schools and Community 
Self-Determination Act of 2000 (16 U.S.C. 7112) 
bears to the total amount distributed to all such 
counties for fiscal year 2010 under such subsection. 
(c) EFFECT ON 25-PERCENT AND 50-PERCENT PAY-
MENTS.—A county that receives a payment made under 
subsection (a) or (b) may not receive a 25-percent pay-
ment or 50-percent payment (as those terms are defined 
in section 3 of the Secure Rural Schools and Community 
Self-Determination Act of 2000 (16 U.S.C. 7102)) for fis-
cal year 2015.
300 
SEC. 502. RESTORING ORIGINAL CALCULATION METHOD 
FOR 25-PERCENT PAYMENTS. 
(a) AMENDMENT OF ACT OF MAY 23, 1908.—The 
sixth paragraph under the heading ‘‘FOREST SERV-
ICE’’ in the Act of May 23, 1908 (16 U.S.C. 500) is 
amended in the first sentence— 
(1) by striking ‘‘the annual average of 25 per-
cent of all amounts received for the applicable fiscal 
year and each of the preceding 6 fiscal years’’ and 
inserting ‘‘25 percent of all amounts received for the 
applicable fiscal year’’; 
(2) by striking ‘‘said reserve’’ both places it ap-
pears and inserting ‘‘the national forest’’; and 
(3) by striking ‘‘forest reserve’’ both places it 
appears and inserting ‘‘national forest’’. 
(b) CONFORMING AMENDMENT TO WEEKS LAW.— 
Section 13 of the Act of March 1, 1911 (commonly known 
as the Weeks Law; 16 U.S.C. 500) is amended in the first 
sentence by striking ‘‘the annual average of 25 percent 
of all amounts received for the applicable fiscal year and 
each of the preceding 6 fiscal years’’ and inserting ‘‘25 
percent of all amounts received for the applicable fiscal 
year’’.
301 
SEC. 503. FOREST SERVICE AND BUREAU OF LAND MAN-
AGEMENT GOOD-NEIGHBOR COOPERATION 
WITH STATES TO REDUCE WILDFIRE RISKS. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE
STATE.—The term ‘‘eligible 
State’’ means a State that contains National Forest 
System land or land under the jurisdiction of the 
Bureau of Land Management. 
(2) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means— 
(A) the Secretary of Agriculture, with re-
spect to National Forest System land; or 
(B) the Secretary of the Interior, with re-
spect to land under the jurisdiction of the Bu-
reau of Land Management. 
(3) STATE FORESTER.—The term ‘‘State for-
ester’’ means the head of a State agency with juris-
diction over State forestry programs in an eligible 
State. 
(b) COOPERATIVE AGREEMENTS
AND CONTRACTS 
AUTHORIZED.—The Secretary may enter into a coopera-
tive agreement or contract (including a sole source con-
tract) with a State forester to authorize the State forester 
to provide the forest, rangeland, and watershed restora-
tion, management, and protection services described in 
subsection (c) on National Forest System land or land
302 
under the jurisdiction of the Bureau of Land Manage-
ment, as applicable, in the eligible State. 
(c) AUTHORIZED SERVICES.—The forest, rangeland, 
and watershed restoration, management, and protection 
services referred to in subsection (b) include the conduct 
of— 
(1) activities to treat insect infected forests; 
(2) activities to reduce hazardous fuels; 
(3) activities involving commercial harvesting or 
other mechanical vegetative treatments; or 
(4) any other activities to restore or improve 
forest, rangeland, and watershed health, including 
fish and wildlife habitat. 
(d) STATE AS AGENT.—Except as provided in sub-
section (g), a cooperative agreement or contract entered 
into under subsection (b) may authorize the State forester 
to serve as the agent for the Secretary in providing the 
restoration, management, and protection services author-
ized under subsection (b). 
(e) SUBCONTRACTS.—In accordance with applicable 
contract procedures for the eligible State, a State forester 
may enter into subcontracts to provide the restoration, 
management, and protection services authorized under a 
cooperative agreement or contract entered into under sub-
section (b).
303 
(f) TIMBER SALES.—Subsections (d) and (g) of sec-
tion 14 of the National Forest Management Act of 1976 
(16 U.S.C. 472a) shall not apply to services performed 
under a cooperative agreement or contract entered into 
under subsection (b). 
(g) RETENTION OF NEPA RESPONSIBILITIES.—Any 
decision required to be made under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
respect to any restoration, management, or protection 
services to be provided under this section by a State for-
ester on National Forest System land or Bureau of Land 
Management land, as applicable, shall not be delegated to 
a State forester or any other officer or employee of the 
eligible State. 
(h) APPLICABLE LAW.—The restoration, manage-
ment, and protection services to be provided under this 
section shall be carried out on a project-to-project basis 
under existing authorities of the Forest Service or Bureau 
of Land Management, as applicable. 
SEC. 504. TREATMENT AS SUPPLEMENTAL FUNDING. 
None of the funds made available to a beneficiary 
county (as defined in section 102(2)) or other political 
subdivision of a State under this subdivision shall be used 
in lieu of or to otherwise offset State funding sources for 
local schools, facilities, or educational purposes.
304 
SEC. 505. DEFINITION OF FIRE SUPPRESSION TO INCLUDE 
CERTAIN RELATED ACTIVITIES. 
For purposes of utilizing amounts made available to 
the Secretary of Agriculture or the Secretary of the Inte-
rior for fire suppression activities, including funds made 
available from the FLAME Fund, the term ‘‘fire suppres-
sion’’ includes reforestation, site rehabilitation, salvage op-
erations, and replanting occurring following fire damage 
on lands under the jurisdiction of the Secretary concerned 
or following fire suppression efforts on such lands by the 
Secretary concerned. 
SEC. 506. PROHIBITION ON CERTAIN ACTIONS REGARDING 
FOREST SERVICE ROADS AND TRAILS. 
The Forest Service shall not remove or otherwise 
eliminate or obliterate any legally created road or trail un-
less there has been a specific decision, which included ade-
quate and appropriate public involvement, to decommis-
sion the specific road or trail in question. The fact that 
any road or trail is a not a Forest System road or trail, 
or does not appear on a Motor Vehicle Use Map, shall 
not constitute a decision.
305 
SUBDIVISION 
B—NATIONAL 
STRATEGIC 
AND 
CRITICAL 
MINERALS PRODUCTION 
SEC. 100. SHORT TITLE. 
This subdivision may be cited as the ‘‘National Stra-
tegic and Critical Minerals Production Act of 2014’’. 
SEC. 100A. FINDINGS. 
Congress finds the following: 
(1) The industrialization of China and India 
has driven demand for nonfuel mineral commodities, 
sparking a period of resource nationalism exempli-
fied by China’s reduction in exports of rare-earth 
elements necessary for telecommunications, military 
technologies, healthcare technologies, and conven-
tional and renewable energy technologies. 
(2) The availability of minerals and mineral 
materials are essential for economic growth, national 
security, technological innovation, and the manufac-
turing and agricultural supply chain. 
(3) The exploration, production, processing, 
use, and recycling of minerals contribute signifi-
cantly to the economic well-being, security and gen-
eral welfare of the Nation. 
(4) The United States has vast mineral re-
sources, but is becoming increasingly dependent
307 
SEC. 100B. DEFINITIONS. 
In this subdivision: 
(1) STRATEGIC AND CRITICAL MINERALS.—The 
term ‘‘strategic and critical minerals’’ means min-
erals that are necessary— 
(A) for national defense and national secu-
rity requirements; 
(B) for the Nation’s energy infrastructure, 
including pipelines, refining capacity, electrical 
power generation and transmission, and renew-
able energy production; 
(C) to support domestic manufacturing, 
agriculture, 
housing, 
telecommunications, 
healthcare, and transportation infrastructure; 
or 
(D) for the Nation’s economic security and 
balance of trade. 
(2) AGENCY.—The term ‘‘agency’’ means any 
agency, department, or other unit of Federal, State, 
local, or tribal government, or Alaska Native Cor-
poration. 
(3) MINERAL
EXPLORATION
OR
MINE
PER-
MIT.—The term ‘‘mineral exploration or mine per-
mit’’ includes plans of operation issued by the Bu-
reau of Land Management and the Forest Service
308 
pursuant to 43 CFR 3809 and 36 CFR 228A or the 
authorities listed in 43 CFR 3503.13, respectively. 
TITLE I—DEVELOPMENT OF DO-
MESTIC SOURCES OF STRA-
TEGIC AND CRITICAL MIN-
ERALS 
SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND 
CRITICAL MINERALS. 
Domestic mines that will provide strategic and crit-
ical minerals shall be considered an ‘‘infrastructure 
project’’ as described in Presidential Order ‘‘Improving 
Performance of Federal Permitting and Review of Infra-
structure Projects’’ dated March 22, 2012. 
SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY. 
(a) IN GENERAL.—The lead agency with responsi-
bility for issuing a mineral exploration or mine permit 
shall appoint a project lead who shall coordinate and con-
sult with cooperating agencies and any other agency in-
volved in the permitting process, project proponents and 
contractors to ensure that agencies minimize delays, set 
and adhere to timelines and schedules for completion of 
the permitting process, set clear permitting goals and 
track progress against those goals. 
(b) DETERMINATION UNDER NEPA.—To the extent 
that the National Environmental Policy Act of 1969 ap-
309 
plies to any mineral exploration or mine permit, the lead 
agency with responsibility for issuing a mineral explo-
ration or mine permit shall determine that the action to 
approve the exploration or mine permit does not constitute 
a major Federal action significantly affecting the quality 
of the human environment within the meaning of the Na-
tional Environmental Policy Act of 1969 if the procedural 
and substantive safeguards of the permitting process 
alone, any applicable State permitting process alone, or 
a combination of the two processes together provide an 
adequate mechanism to ensure that environmental factors 
are taken into account. 
(c) COORDINATION ON PERMITTING PROCESS.—The 
lead agency with responsibility for issuing a mineral explo-
ration or mine permit shall enhance government coordina-
tion for the permitting process by avoiding duplicative re-
views, minimizing paperwork and engaging other agencies 
and stakeholders early in the process. The lead agency 
shall consider the following best practices: 
(1) Deferring to and relying upon baseline data, 
analyses and reviews performed by State agencies 
with jurisdiction over the proposed project. 
(2) Conducting any consultations or reviews 
concurrently rather than sequentially to the extent
310 
practicable and when such concurrent review will ex-
pedite rather than delay a decision. 
(d) SCHEDULE FOR PERMITTING PROCESS.—At the 
request of a project proponent, the lead agency, cooper-
ating agencies and any other agencies involved with the 
mineral exploration or mine permitting process shall enter 
into an agreement with the project proponent that sets 
time limits for each part of the permitting process includ-
ing the following: 
(1) The decision on whether to prepare a docu-
ment required under the National Environmental 
Policy Act of 1969. 
(2) A determination of the scope of any docu-
ment required under the National Environmental 
Policy Act of 1969. 
(3) The scope of and schedule for the baseline 
studies required to prepare a document required 
under the National Environmental Policy Act of 
1969. 
(4) Preparation of any draft document required 
under the National Environmental Policy Act of 
1969. 
(5) Preparation of a final document required 
under the National Environmental Policy Act of 
1969.
311 
(6) Consultations required under applicable 
laws. 
(7) Submission and review of any comments re-
quired under applicable law. 
(8) Publication of any public notices required 
under applicable law. 
(9) A final or any interim decisions. 
(e) TIME LIMIT FOR PERMITTING PROCESS.—In no 
case should the total review process described in sub-
section (d) exceed 30 months unless agreed to by the sig-
natories of the agreement. 
(f) LIMITATION
ON
ADDRESSING
PUBLIC
COM-
MENTS.—The lead agency is not required to address agen-
cy or public comments that were not submitted during any 
public comment periods or consultation periods provided 
during the permitting process or as otherwise required by 
law. 
(g) FINANCIAL ASSURANCE.—The lead agency will 
determine the amount of financial assurance for reclama-
tion of a mineral exploration or mining site, which must 
cover the estimated cost if the lead agency were to con-
tract with a third party to reclaim the operations accord-
ing to the reclamation plan, including construction and 
maintenance costs for any treatment facilities necessary 
to meet Federal, State or tribal environmental standards.