243 
(e) INAPPLICABILITY OF CERTAIN LAWS.—Section 3 
of the Oregon Public Lands Transfer and Protection Act 
of 1998 (Public Law 105–321; 112 Stat. 3022), the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et. seq.), including the amendments made by the 
Federal Land Exchange Facilitation Act of 1988 (Public 
Law 100–409; 102 Stat. 1086), the Act of March 20, 
1922 (16 U.S.C. 485, 486), and the Act of March 1, 1911 
(commonly known as the Weeks Act; 16 U.S.C. 480 et 
seq.) shall not apply to the land exchange authority pro-
vided by this section. 
SEC. 324. REVIEW PANEL AND OLD GROWTH PROTECTION. 
(a) APPOINTMENT; MEMBERS.—Within 60 days after 
the date of the enactment of this Act the Secretary of Ag-
riculture shall appoint an Old Growth Review Panel con-
sisting of five members. At a minimum, the members must 
hold a Doctor of Philosophy degree in wildlife biology, for-
estry, ecology, or related field and published peer-reviewed 
academic articles in their field of expertise. 
(b) PURPOSE
OF REVIEW.—Members of the Old 
Growth Review Panel shall review existing, published, 
peer-reviewed articles in relevant academic journals and 
establish a definition or definitions of old growth as it ap-
plies to the ecologically, geographically and climato-
logically unique Oregon and California Railroad Grant 
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lands and O&C Region Public Domain lands managed by 
the O&C Trust or the Forest Service only. The definition 
or definitions shall bear no legal force, shall not be used 
as a precedent for, and shall not apply to any lands other 
than the Oregon and California Railroad Grant lands and 
O&C Region Public Domain lands managed by the O&C 
Trust or the Forest Service in western Oregon. The defini-
tion or definitions shall not apply to Tribal lands. 
(c) SUBMISSION
OF RESULTS.—The definition or 
definitions for old growth in western Oregon established 
under subsection (b), if approved by at least four members 
of the Old Growth Review Panel, shall be submitted to 
the Secretary of Agriculture within six months after the 
date of the enactment of this Act. 
SEC. 325. UNIQUENESS OF OLD GROWTH PROTECTION ON 
OREGON AND CALIFORNIA RAILROAD GRANT 
LANDS. 
All sections of this subtitle referring to the term ‘‘old 
growth’’ are uniquely suited to resolve management issues 
for the lands covered by this subtitle only, and shall not 
be construed as precedent for any other situation involving 
management of other Federal, State, Tribal, or private 
lands. 
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CHAPTER 3—TRANSITION 
SEC. 331. TRANSITION PERIOD AND OPERATIONS. 
(a) TRANSITION PERIOD.— 
(1) COMMENCEMENT; DURATION.—Effective on 
October 1 of the first fiscal year beginning after the 
appointment of the Board of Trustees under section 
313, a transition period of three fiscal years shall 
commence. 
(2) EXCEPTIONS.—Unless specifically stated in 
the following subsections, any action under this sec-
tion shall be deemed not to involve Federal agency 
action or Federal discretionary involvement or con-
trol. 
(b) YEAR ONE.— 
(1) APPLICABILITY.—During the first fiscal 
year of the transition period, the activities described 
in this subsection shall occur. 
(2) BOARD
OF
TRUSTEES
ACTIVITIES.—The 
Board of Trustees shall employ sufficient staff or 
contractors to prepare for beginning management of 
O&C Trust lands and O&C Region Public Domain 
lands in the second fiscal year of the transition pe-
riod, including preparation of management plans 
and a harvest schedule for the lands over which 
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management authority is transferred to the O&C 
Trust in the second fiscal year. 
(3) FOREST SERVICE ACTIVITIES.—The Forest 
Service shall begin preparing to assume management 
authority of all Oregon and California Railroad 
Grant lands and O&C Region Public Domain lands 
transferred under section 321 in the second fiscal 
year. 
(4) SECRETARY CONCERNED ACTIVITIES.—The 
Secretary concerned shall continue to exercise man-
agement authority over all Oregon and California 
Railroad Grant lands and O&C Region Public Do-
main lands under all existing Federal laws. 
(5) INFORMATION SHARING.—Upon written re-
quest from the Board of Trustees, the Secretary of 
the Interior shall provide copies of any documents or 
data, however stored or maintained, that includes 
the requested information concerning O&C Trust 
lands. The copies shall be provided as soon as prac-
ticable and to the greatest extent possible, but in no 
event later than 30 days following the date of the re-
quest. 
(6) EXCEPTION.—This subsection does not 
apply to Tribal lands transferred under subtitle D. 
(c) YEAR TWO.— 
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(1) APPLICABILITY.—During the second fiscal 
year of the transition period, the activities described 
in this subsection shall occur. 
(2) TRANSFER OF O&C TRUST LANDS.—Effec-
tive on October 1 of the second fiscal year of the 
transition period, management authority over the 
O&C Trust lands shall be transferred to the O&C 
Trust. 
(3) TRANSFER
OF
LANDS
TO
FOREST
SERV-
ICE.—The transfers required by section 321 shall 
occur. 
(4) INFORMATION SHARING.—The Secretary of 
Agriculture shall obtain and manage, as soon as 
practicable, all documents and data relating to the 
Oregon and California Railroad Grant lands, O&C 
Region Public Domain lands, and Coos Bay Wagon 
Road lands previously managed by the Bureau of 
Land Management. Upon written request from the 
Board of Trustees, the Secretary of Agriculture shall 
provide copies of any documents or data, however 
stored or maintained, that includes the requested in-
formation concerning O&C Trust lands. The copies 
shall be provided as soon as practicable and to the 
greatest extent possible, but in no event later than 
30 days following the date of the request. 
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(5) 
IMPLEMENTATION
OF
MANAGEMENT 
PLAN.—The Board of Trustees shall begin imple-
menting its management plan for the O&C Trust 
lands and revise the plan as necessary. Distribution 
of revenues generated from all activities on the O&C 
Trust lands shall be subject to section 315. 
(d) YEAR THREE AND SUBSEQUENT YEARS.— 
(1) APPLICABILITY.—During the third fiscal 
year of the transition period and all subsequent fis-
cal years, the activities described in this subsection 
shall occur. 
(2) BOARD OF TRUSTEES MANAGEMENT.—The 
Board of Trustees shall manage the O&C Trust 
lands pursuant to subtitle A. 
SEC. 332. O&C TRUST MANAGEMENT CAPITALIZATION. 
(a) BORROWING AUTHORITY.—The Board of Trust-
ees is authorized to borrow from any available private 
sources and non-Federal, public sources in order to pro-
vide for the costs of organization, administration, and 
management of the O&C Trust during the three-year tran-
sition period provided in section 331. 
(b) SUPPORT.—Notwithstanding any other provision 
of law, O&C Trust counties are authorized to loan to the 
O&C Trust, and the Board of Trustees is authorized to 
borrow from willing O&C Trust counties, amounts held on 
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account by such counties that are required to be expended 
in accordance with the Act of May 23,1908 (35 Stat. 260; 
16 U.S.C. 500) and section 13 of the Act of March 1, 
1911 (36 Stat. 963; 16 U.S.C. 500), except that, upon 
repayment by the O&C Trust, the obligation of such coun-
ties to expend the funds in accordance with such Acts shall 
continue to apply. 
SEC. 333. EXISTING BUREAU OF LAND MANAGEMENT AND 
FOREST SERVICE CONTRACTS. 
(a) TREATMENT
OF EXISTING CONTRACTS.—Any 
work or timber contracts sold or awarded by the Bureau 
of Land Management or Forest Service on or with respect 
to Oregon and California Railroad Grant lands or O&C 
Region Public Domain lands before the transfer of the 
lands to the O&C Trust or the Forest Service, or Tribal 
lands transferred under subtitle D, shall remain binding 
and effective according to the terms of the contracts after 
the transfer of the lands. The Board of Trustees and Sec-
retary concerned shall make such accommodations as are 
necessary to avoid interfering in any way with the per-
formance of the contracts. 
(b) TREATMENT
OF
PAYMENTS
UNDER
CON-
TRACTS.—Payments made pursuant to the contracts de-
scribed in subsection (a), if any, shall be made as provided 
in those contracts and not made to the O&C Trust. 
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SEC. 334. PROTECTION OF VALID EXISTING RIGHTS AND 
ACCESS TO NON-FEDERAL LAND. 
(a) VALID RIGHTS.—Nothing in this title, or any 
amendment made by this title, shall be construed as termi-
nating any valid lease, permit, patent, right-of-way, agree-
ment, or other right of authorization existing on the date 
of the enactment of this Act with regard to Oregon and 
California Railroad Grant lands or O&C Region Public 
Domain lands, including O&C Trust lands over which 
management authority is transferred to the O&C Trust 
pursuant to section 311(c)(1), lands transferred to the 
Forest Service under section 321, and Tribal lands trans-
ferred under subtitle D. 
(b) ACCESS TO LANDS.— 
(1) EXISTING ACCESS RIGHTS.—The Secretary 
concerned shall preserve all rights of access and use, 
including (but not limited to) reciprocal right-of-way 
agreements, tail hold agreements, or other right-of- 
way or easement obligations existing on the date of 
the enactment of this Act, and such rights shall re-
main applicable to lands covered by this subtitle in 
the same manner and to the same extent as such 
rights applied before the date of the enactment of 
this Act. 
(2) NEW ACCESS RIGHTS.—If a current or fu-
ture landowner of land intermingled with Oregon 
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and California Railroad Grant lands or O&C Region 
Public Domain lands does not have an existing ac-
cess agreement related to the lands covered by this 
subtitle, the Secretary concerned shall enter into an 
access agreement, including appurtenant lands, to 
secure the landowner the reasonable use and enjoy-
ment of the landowner’s land, including the harvest 
and hauling of timber. 
(c) MANAGEMENT COOPERATION.—The Board of 
Trustees and the Secretary concerned shall provide cur-
rent and future landowners of land intermingled with Or-
egon and California Railroad Grant lands or O&C Region 
Public Domain lands the permission needed to manage 
their lands, including to locate tail holds, tramways, and 
logging wedges, to purchase guylines, and to cost-share 
property lines surveys to the lands covered by this subtitle, 
within 30 days after receiving notification of the land-
owner’s plan of operation. 
(d) JUDICIAL
REVIEW.—Notwithstanding section 
312(g)(2), a private landowner may obtain judicial review 
of a decision of the Board of Trustees to deny— 
(1) the landowner the rights provided by sub-
section (b) regarding access to the landowner’s land; 
or 
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(2) the landowner the reasonable use and enjoy-
ment of the landowner’s land. 
SEC. 335. REPEAL OF SUPERSEDED LAW RELATING TO OR-
EGON AND CALIFORNIA RAILROAD GRANT 
LANDS. 
(a) REPEAL.—Except as provided in subsection (b), 
the Act of August 28, 1937 (43 U.S.C. 1181a et seq.) 
is repealed effective on October 1 of the first fiscal year 
beginning after the appointment of the Board of Trustees. 
(b) EFFECT OF CERTAIN COURT RULINGS.—If, as 
a result of judicial review authorized by section 312, any 
provision of this subtitle is held to be invalid and imple-
mentation of the provision or any activity conducted under 
the provision is then enjoined, the Act of August 28, 1937 
(43 U.S.C. 1181a et seq.), as in effect immediately before 
its repeal by subsection (a), shall be restored to full legal 
force and effect as if the repeal had not taken effect. 
Subtitle B—Coos Bay Wagon Roads 
SEC. 341. TRANSFER OF MANAGEMENT AUTHORITY OVER 
CERTAIN COOS BAY WAGON ROAD GRANT 
LANDS TO COOS COUNTY, OREGON. 
(a) TRANSFER REQUIRED.—Except in the case of the 
lands described in subsection (b), the Secretary of the In-
terior shall transfer management authority over the Coos 
Bay Wagon Road Grant lands reconveyed to the United 
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States pursuant to the first section of the Act of February 
26, 1919 (40 Stat. 1179), and the surface resources there-
on, to the Coos County government. The transfer shall be 
completed not later than one year after the date of the 
enactment of this Act. 
(b) LANDS EXCLUDED.—The transfer under sub-
section (a) shall not include any of the following Coos Bay 
Wagon Road Grant lands: 
(1) Federal lands within the National Land-
scape Conservation System as of January 1, 2013. 
(2) Federal lands designated as Areas of Crit-
ical Environmental Concern as of January 1, 2013. 
(3) Federal lands that were in the National 
Wilderness Preservation System as of January 1, 
2013. 
(4) Federal lands included in the National Wild 
and Scenic Rivers System of January 1, 2013. 
(5) Federal lands within the boundaries of a 
national monument, park, or other developed recre-
ation area as of January 1, 2013. 
(6) All stands of timber generally older than 
125 years old, as of January 1, 2011, which shall 
be conclusively determined by reference to the pol-
ygon spatial data layer in the electronic data com-
pilation filed by the Bureau of Land Management 
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based on the predominant birth-date attribute, and 
the boundaries of such stands shall be conclusively 
determined for all purposes by the global positioning 
system coordinates for such stands. 
(7) Tribal lands addressed in subtitle D. 
(c) MANAGEMENT.— 
(1) IN GENERAL.—Coos County shall manage 
the Coos Bay Wagon Road Grant lands over which 
management authority is transferred under sub-
section (a) consistent with section 314, and for pur-
poses of applying such section, ‘‘Board of Trustees’’ 
shall be deemed to mean ‘‘Coos County’’ and ‘‘O&C 
Trust lands’’ shall be deemed to mean the trans-
ferred lands. 
(2) 
RESPONSIBILITY
FOR
MANAGEMENT 
COSTS.—Coos County shall be responsible for all 
management and administrative costs of the Coos 
Bay Wagon Road Grant lands over which manage-
ment authority is transferred under subsection (a). 
(3) MANAGEMENT
CONTRACTS.—Coos County 
may contract, if competitively bid, with one or more 
public, private, or tribal entities, including (but not 
limited to) the Coquille Indian Tribe, if such entities 
are substantially based in Coos or Douglas Counties, 
Oregon, to manage and administer the lands. 
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(d) TREATMENT OF REVENUES.— 
(1) IN GENERAL.—All revenues generated from 
the Coos Bay Wagon Road Grant lands over which 
management authority is transferred under sub-
section (a) shall be deposited in the general fund of 
the Coos County treasury to be used as are other 
unrestricted county funds. 
(2) TREASURY.—As soon as practicable after 
the end of the third fiscal year of the transition pe-
riod and in each of the subsequent seven fiscal 
years, Coos County shall submit a payment of 
$400,000 to the United States Treasury. 
(3) DOUGLAS
COUNTY.—Beginning with the 
first fiscal year for which management of the Coos 
Bay Wagon Road Grant lands over which manage-
ment authority is transferred under subsection (a) 
generates net positive revenues, and for all subse-
quent fiscal years, Coos County shall transmit a 
payment to the general fund of the Douglas County 
treasury from the net revenues generated from the 
lands. The payment shall be made as soon as prac-
ticable following the end of each fiscal year and the 
amount of the payment shall bear the same propor-
tion to total net revenues for the fiscal year as the 
proportion of the Coos Bay Wagon Road Grant 
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lands in Douglas County in relation to all Coos Bay 
Wagon Road Grant lands in Coos and Douglas 
Counties as of January 1, 2013. 
SEC. 342. TRANSFER OF CERTAIN COOS BAY WAGON ROAD 
GRANT LANDS TO FOREST SERVICE. 
The Secretary of the Interior shall transfer adminis-
trative jurisdiction over the Coos Bay Wagon Road Grant 
lands excluded by paragraphs (1) through (6) of section 
341(b) to the Secretary of Agriculture for inclusion in the 
National Forest System and administration by the Forest 
Service as provided in section 322. 
SEC. 343. LAND EXCHANGE AUTHORITY. 
Coos County may recommend land exchanges to the 
Secretary of Agriculture and carry out such land ex-
changes in the manner provided in section 316. 
Subtitle C—Oregon Treasures 
CHAPTER 1—WILDERNESS AREAS 
SEC. 351. DESIGNATION OF DEVIL’S STAIRCASE WILDER-
NESS. 
(a) DESIGNATION.—In furtherance of the purposes of 
the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal 
land in the State of Oregon administered by the Forest 
Service and the Bureau of Land Management, comprising 
approximately 30,520 acres, as generally depicted on the 
map titled ‘‘Devil’s Staircase Wilderness Proposal’’, dated 
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October 26, 2009, are designated as a wilderness area for 
inclusion in the National Wilderness Preservation System 
and to be known as the ‘‘Devil’s Staircase Wilderness’’. 
(b) MAP AND LEGAL DESCRIPTION.—As soon as 
practicable after the date of the enactment of this Act, 
the Secretary shall file with the Committee on Natural Re-
sources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate 
a map and legal description of wilderness area designated 
by subsection (a). The map and legal description shall 
have the same force and effect as if included in this sub-
division, except that the Secretary may correct clerical and 
typographical errors in the map and description. In the 
case of any discrepancy between the acreage specified in 
subsection (a) and the map, the map shall control. The 
map and legal description shall be on file and available 
for public inspection in the Office of the Chief of the For-
est Service. 
(c) ADMINISTRATION.— 
(1) IN
GENERAL.—Subject to valid existing 
rights, the Devil’s Staircase Wilderness Area shall be 
administered by the Secretaries of Agriculture and 
the Interior, in accordance with the Wilderness Act 
and the Oregon Wilderness Act of 1984, except that, 
with respect to the wilderness area, any reference in 
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the Wilderness Act to the effective date of that Act 
shall be deemed to be a reference to the date of the 
enactment of this Act. 
(2) FOREST SERVICE ROADS.—As provided in 
section 4(d)(1) of the Wilderness Act (16 U.S.C. 
1133(d)(1)), the Secretary of Agriculture shall— 
(A) decommission any National Forest 
System road within the wilderness boundaries; 
and 
(B) convert Forest Service Road 4100 
within the wilderness boundary to a trail for 
primitive recreational use. 
(d) INCORPORATION OF ACQUIRED LAND AND IN-
TERESTS.—Any land within the boundary of the wilder-
ness area designated by this section that is acquired by 
the United States shall— 
(1) become part of the Devil’s Staircase Wilder-
ness Area; and 
(2) be managed in accordance with this section 
and any other applicable law. 
(e) FISH AND WILDLIFE.—Nothing in this section 
shall be construed as affecting the jurisdiction or respon-
sibilities of the State of Oregon with respect to wildlife 
and fish in the national forests. 
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(f) WITHDRAWAL.—Subject to valid rights in exist-
ence on the date of enactment of this Act, the Federal 
land designated as wilderness area by this section is with-
drawn from all forms of— 
(1) entry, appropriation, or disposal under the 
public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) disposition under all laws pertaining to min-
eral and geothermal leasing or mineral materials. 
(g) PROTECTION OF TRIBAL RIGHTS.—Nothing in 
this section shall be construed to diminish— 
(1) the existing rights of any Indian tribe; or 
(2) tribal rights regarding access to Federal 
lands for tribal activities, including spiritual, cul-
tural, and traditional food gathering activities. 
SEC. 352. EXPANSION OF WILD ROGUE WILDERNESS AREA. 
(a) EXPANSION.—In accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.), certain Federal land man-
aged by the Bureau of Land Management, comprising ap-
proximately 58,100 acres, as generally depicted on the 
map entitled ‘‘Wild Rogue’’, dated September 16, 2010, 
are hereby included in the Wild Rogue Wilderness, a com-
ponent of the National Wilderness Preservation System. 
(b) MAPS AND LEGAL DESCRIPTIONS.— 
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(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary of 
the Interior shall file a map and a legal description 
of the wilderness area designated by this section, 
with— 
(A) the Committee on Energy and Natural 
Resources of the Senate; and 
(B) the Committee on Natural Resources 
of the House of Representatives. 
(2) FORCE OF LAW.—The maps and legal de-
scriptions filed under paragraph (1) shall have the 
same force and effect as if included in this subtitle, 
except that the Secretary may correct typographical 
errors in the maps and legal descriptions. 
(3) PUBLIC
AVAILABILITY.—Each map and 
legal description filed under paragraph (1) shall be 
on file and available for public inspection in the ap-
propriate offices of the Forest Service. 
(c) ADMINISTRATION.—Subject to valid existing 
rights, the area designated as wilderness by this section 
shall be administered by the Secretary of Agriculture in 
accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.). 
(d) WITHDRAWAL.—Subject to valid rights in exist-
ence on the date of enactment of this Act, the Federal 
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land designated as wilderness by this section is withdrawn 
from all forms of— 
(1) entry, appropriation, or disposal under the 
public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) disposition under all laws pertaining to min-
eral and geothermal leasing or mineral materials. 
CHAPTER 2—WILD AND SCENIC RIVER 
DESIGNATED AND RELATED PROTEC-
TIONS 
SEC. 
361. 
WILD 
AND 
SCENIC 
RIVER 
DESIGNATIONS, 
MOLALLA RIVER. 
(a) DESIGNATIONS.—Section 3(a) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add-
ing at the end the following: 
‘‘(ll) MOLALLA RIVER, OREGON.—The fol-
lowing segments in the State of Oregon, to be ad-
ministered by the Secretary of the Interior as a rec-
reational river: 
‘‘(A) The approximately 15.1-mile segment 
from the southern boundary line of T. 7 S., R. 
4 E., sec. 19, downstream to the edge of the 
Bureau of Land Management boundary in T. 6 
S., R. 3 E., sec. 7. 
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‘‘(B) The approximately 6.2-mile segment 
from the easternmost Bureau of Land Manage-
ment boundary line in the NE1⁄4 sec. 4, T. 7 S., 
R. 4 E., downstream to the confluence with the 
Molalla River.’’. 
(b) TECHNICAL CORRECTIONS.—Section 3(a)(102) of 
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) 
is amended— 
(1) in the heading, by striking ‘‘SQUAW 
CREEK’’ and inserting ‘‘WHYCHUS CREEK’’; 
(2) in the matter preceding subparagraph (A), 
by striking ‘‘McAllister Ditch, including the Soap 
Fork Squaw Creek, the North Fork, the South 
Fork, the East and West Forks of Park Creek, and 
Park Creek Fork’’ and inserting ‘‘Plainview Ditch, 
including the Soap Creek, the North and South 
Forks of Whychus Creek, the East and West Forks 
of Park Creek, and Park Creek’’; and 
(3) 
in 
subparagraph 
(B), 
by 
striking 
‘‘McAllister Ditch’’ and inserting ‘‘Plainview Ditch’’. 
SEC. 362. WILD AND SCENIC RIVERS ACT TECHNICAL COR-
RECTIONS RELATED TO CHETCO RIVER. 
Section 3(a)(69) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)(69)) is amended— 
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(1) by inserting before the ‘‘The 44.5-mile’’ the 
following: 
‘‘(A) DESIGNATIONS.—’’; 
(2) by redesignating subparagraphs (A), (B), 
and (C) as clauses (i), (ii), and (iii), respectively 
(and by moving the margins 2 ems to the right); 
(3) in clause (i), as redesignated— 
(A) by striking ‘‘25.5-mile’’ and inserting 
‘‘27.5-mile’’; and 
(B) by striking ‘‘Boulder Creek at the 
Kalmiopsis Wilderness boundary’’ and inserting 
‘‘Mislatnah Creek’’; 
(4) in clause (ii), as redesignated— 
(A) by striking ‘‘8’’ and inserting ‘‘7.5’’; 
(B) by striking ‘‘Boulder Creek’’ and in-
serting ‘‘Mislatnah Creek’’; and 
(C) by striking ‘‘Steel Bridge’’ and insert-
ing ‘‘Eagle Creek’’; 
(5) in clause (iii), as redesignated— 
(A) by striking ‘‘11’’ and inserting ‘‘9.5’’; 
and 
(B) by striking ‘‘Steel Bridge’’ and insert-
ing ‘‘Eagle Creek’’; and 
(6) by adding at the end the following: 
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‘‘(B) WITHDRAWAL.—Subject to valid rights, 
the Federal land within the boundaries of the river 
segments designated by subparagraph (A), is with-
drawn from all forms of— 
‘‘(i) entry, appropriation, or disposal under 
the public land laws; 
‘‘(ii) location, entry, and patent under the 
mining laws; and 
‘‘(iii) disposition under all laws pertaining 
to mineral and geothermal leasing or mineral 
materials.’’. 
SEC. 
363. 
WILD 
AND 
SCENIC 
RIVER 
DESIGNATIONS, 
WASSON CREEK AND FRANKLIN CREEK. 
Section 3(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(a)) is amended by adding at the end the fol-
lowing: 
‘‘(ll) FRANKLIN CREEK, OREGON.—The 4.5- 
mile segment from the headwaters to the private 
land boundary in section 8 to be administered by the 
Secretary of Agriculture as a wild river. 
‘‘(ll) WASSON CREEK, OREGON.— 
‘‘(A) The 4.2-mile segment from the east-
ern edge of section 17 downstream to the 
boundary of sections 11 and 12 to be adminis-
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tered by the Secretary of Interior as a wild 
river. 
‘‘(B) The 5.9-mile segment downstream 
from the boundary of sections 11 and 12 to the 
private land boundary in section 22 to be ad-
ministered by the Secretary of Agriculture as a 
wild river.’’. 
SEC. 364. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE 
RIVER AREA. 
(a) DESIGNATIONS.—Section 3(a)(5) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (relating to the 
Rogue River, Oregon) is amended by adding at the end 
the following: ‘‘In addition to the segment described in the 
previous sentence, the following segments in the Rogue 
River area are designated: 
‘‘(A) KELSEY CREEK.—The approximately 4.8 
miles of Kelsey Creek from east section line of 
T32S, R9W, sec. 34, W.M. to the confluence with 
the Rogue River as a wild river. 
‘‘(B) EAST
FORK
KELSEY
CREEK.—The ap-
proximately 4.6 miles of East Fork Kelsey Creek 
from the Wild Rogue Wilderness boundary in T33S, 
R8W, sec. 5, W.M. to the confluence with Kelsey 
Creek as a wild river. 
‘‘(C) WHISKY CREEK.— 
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‘‘(i) The approximately 0.6 miles of Whis-
ky Creek from the confluence of the East Fork 
and West Fork to 0.1 miles downstream from 
road 33–8–23 as a recreational river. 
‘‘(ii) The approximately 1.9 miles of Whis-
ky Creek from 0.1 miles downstream from road 
33–8–23 to the confluence with the Rogue 
River as a wild river. 
‘‘(D) EAST FORK WHISKY CREEK.— 
‘‘(i) The approximately 2.8 miles of East 
Fork Whisky Creek from the Wild Rogue Wil-
derness boundary in T33S, R8W, sec. 11, W.M. 
to 0.1 miles downstream of road 33–8–26 
crossing as a wild river. 
‘‘(ii) The approximately .3 miles of East 
Fork Whisky Creek from 0.1 miles downstream 
of road 33–8–26 to the confluence with Whisky 
Creek as a recreational river. 
‘‘(E) WEST
FORK
WHISKY
CREEK.—The ap-
proximately 4.8 miles of West Fork Whisky Creek 
from its headwaters to the confluence with Whisky 
Creek as a wild river. 
‘‘(F) BIG WINDY CREEK.— 
‘‘(i) The approximately 1.5 miles of Big 
Windy Creek from its headwaters to 0.1 miles 
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downstream from road 34–9–17.1 as a scenic 
river. 
‘‘(ii) The approximately 5.8 miles of Big 
Windy Creek from 0.1 miles downstream from 
road 34–9–17.1 to the confluence with the 
Rogue River as a wild river. 
‘‘(G) EAST FORK BIG WINDY CREEK.— 
‘‘(i) The approximately 0.2 miles of East 
Fork Big Windy Creek from its headwaters to 
0.1 miles downstream from road 34–8–36 as a 
scenic river. 
‘‘(ii) The approximately 3.7 miles of East 
Fork Big Windy Creek from 0.1 miles down-
stream from road 34–8–36 to the confluence 
with Big Windy Creek as a wild river. 
‘‘(H) LITTLE
WINDY
CREEK.—The approxi-
mately 1.9 miles of Little Windy Creek from 0.1 
miles downstream of road 34–8–36 to the confluence 
with the Rogue River as a wild river. 
‘‘(I) HOWARD CREEK.— 
‘‘(i) The approximately 0.3 miles of How-
ard Creek from its headwaters to 0.1 miles 
downstream of road 34–9–34 as a scenic river. 
‘‘(ii) The approximately 6.9 miles of How-
ard Creek from 0.1 miles downstream of road 
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34–9–34 to the confluence with the Rogue 
River as a wild river. 
‘‘(J) MULE
CREEK.—The approximately 6.3 
miles of Mule Creek from east section line of T32S, 
R10W, sec. 25, W.M. to the confluence with the 
Rogue River as a wild river. 
‘‘(K) ANNA
CREEK.—The approximately 3.5- 
mile section of Anna Creek from its headwaters to 
the confluence with Howard Creek as a wild river. 
‘‘(L) MISSOURI CREEK.—The approximately 1.6 
miles of Missouri Creek from the Wild Rogue Wil-
derness boundary in T33S, R10W, sec. 24, W.M. to 
the confluence with the Rogue River as a wild river. 
‘‘(M) JENNY CREEK.—The approximately 1.8 
miles of Jenny Creek from the Wild Rogue Wilder-
ness boundary in T33S, R9W, sec. 28, W.M. to the 
confluence with the Rogue River as a wild river. 
‘‘(N) RUM
CREEK.—The approximately 2.2 
miles of Rum Creek from the Wild Rogue Wilder-
ness boundary in T34S, R8W, sec. 9, W.M. to the 
confluence with the Rogue River as a wild river. 
‘‘(O) EAST FORK RUM CREEK.—The approxi-
mately 1.5 miles of East Rum Creek from the Wild 
Rogue Wilderness boundary in T34S, R8W, sec. 10, 
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W.M. to the confluence with Rum Creek as a wild 
river. 
‘‘(P) WILDCAT
CREEK.—The approximately 
1.7-mile section of Wildcat Creek from its head-
waters downstream to the confluence with the Rogue 
River as a wild river. 
‘‘(Q) MONTGOMERY
CREEK.—The approxi-
mately 1.8-mile section of Montgomery Creek from 
its headwaters downstream to the confluence with 
the Rogue River as a wild river. 
‘‘(R) HEWITT CREEK.—The approximately 1.2 
miles of Hewitt Creek from the Wild Rogue Wilder-
ness boundary in T33S, R9W, sec. 19, W.M. to the 
confluence with the Rogue River as a wild river. 
‘‘(S) BUNKER CREEK.—The approximately 6.6 
miles of Bunker Creek from its headwaters to the 
confluence with the Rogue River as a wild river. 
‘‘(T) DULOG CREEK.— 
‘‘(i) The approximately 0.8 miles of Dulog 
Creek from its headwaters to 0.1 miles down-
stream of road 34–8–36 as a scenic river. 
‘‘(ii) The approximately 1.0 miles of Dulog 
Creek from 0.1 miles downstream of road 34– 
8–36 to the confluence with the Rogue River as 
a wild river. 
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‘‘(U) QUAIL
CREEK.—The approximately 1.7 
miles of Quail Creek from the Wild Rogue Wilder-
ness boundary in T33S, R10W, sec. 1, W.M. to the 
confluence with the Rogue River as a wild river. 
‘‘(V) MEADOW CREEK.—The approximately 4.1 
miles of Meadow Creek from its headwaters to the 
confluence with the Rogue River as a wild river. 
‘‘(W) RUSSIAN CREEK.—The approximately 2.5 
miles of Russian Creek from the Wild Rogue Wilder-
ness boundary in T33S, R8W, sec. 20, W.M. to the 
confluence with the Rogue River as a wild river. 
‘‘(X) ALDER CREEK.—The approximately 1.2 
miles of Alder Creek from its headwaters to the con-
fluence with the Rogue River as a wild river. 
‘‘(Y) BOOZE
CREEK.—The approximately 1.5 
miles of Booze Creek from its headwaters to the 
confluence with the Rogue River as a wild river. 
‘‘(Z) BRONCO CREEK.—The approximately 1.8 
miles of Bronco Creek from its headwaters to the 
confluence with the Rogue River as a wild river. 
‘‘(AA) COPSEY CREEK.—The approximately 1.5 
miles of Copsey Creek from its headwaters to the 
confluence with the Rogue River as a wild river. 
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‘‘(BB) CORRAL
CREEK.—The approximately 
0.5 miles of Corral Creek from its headwaters to the 
confluence with the Rogue River as a wild river. 
‘‘(CC) COWLEY
CREEK.—The approximately 
0.9 miles of Cowley Creek from its headwaters to 
the confluence with the Rogue River as a wild river. 
‘‘(DD) DITCH CREEK.—The approximately 1.8 
miles of Ditch Creek from the Wild Rogue Wilder-
ness boundary in T33S, R9W, sec. 5, W.M. to its 
confluence with the Rogue River as a wild river. 
‘‘(EE) FRANCIS
CREEK.—The approximately 
0.9 miles of Francis Creek from its headwaters to 
the confluence with the Rogue River as a wild river. 
‘‘(FF) LONG GULCH.—The approximately 1.1 
miles of Long Gulch from the Wild Rogue Wilder-
ness boundary in T33S, R10W, sec. 23, W.M. to the 
confluence with the Rogue River as a wild river. 
‘‘(GG) BAILEY CREEK.—The approximately 1.7 
miles of Bailey Creek from the west section line of 
T34S, R8W, sec. 14, W.M. to the confluence of the 
Rogue River as a wild river. 
‘‘(HH) SHADY CREEK.—The approximately 0.7 
miles of Shady Creek from its headwaters to the 
confluence with the Rogue River as a wild river. 
‘‘(II) SLIDE CREEK.— 
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‘‘(i) The approximately 0.5-mile section of 
Slide Creek from its headwaters to 0.1 miles 
downstream from road 33–9–6 as a scenic 
river. 
‘‘(ii) The approximately 0.7-mile section of 
Slide Creek from 0.1 miles downstream of road 
33–9–6 to the confluence with the Rogue River 
as a wild river.’’. 
(b) MANAGEMENT.—All wild, scenic, and recreation 
classified segments designated by the amendment made by 
subsection (a) shall be managed as part of the Rogue Wild 
and Scenic River. 
(c) WITHDRAWAL.—Subject to valid rights, the Fed-
eral land within the boundaries of the river segments des-
ignated by the amendment made by subsection (a) is with-
drawn from all forms of— 
(1) entry, appropriation, or disposal under the 
public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) disposition under all laws pertaining to min-
eral and geothermal leasing or mineral materials. 
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SEC. 365. ADDITIONAL PROTECTIONS FOR ROGUE RIVER 
TRIBUTARIES. 
(a) WITHDRAWAL.—Subject to valid rights, the Fed-
eral land within a quarter-mile on each side of the streams 
listed in subsection (b) is withdrawn from all forms of— 
(1) entry, appropriation, or disposal under the 
public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) disposition under all laws pertaining to min-
eral and geothermal leasing or mineral materials. 
(b) STREAM SEGMENTS.—Subsection (a) applies the 
following tributaries of the Rogue River: 
(1) KELSEY
CREEK.—The approximately 4.5 
miles of Kelsey Creek from its headwaters to the 
east section line of 32S 9W sec. 34. 
(2) EAST FORK KELSEY CREEK.—The approxi-
mately .2 miles of East Fork Kelsey Creek from its 
headwaters to the Wild Rogue Wilderness boundary 
in 33S 8W sec. 5. 
(3) EAST FORK WHISKY CREEK.—The approxi-
mately .7 miles of East Fork Whisky Creek from its 
headwaters to the Wild Rogue Wilderness boundary 
in 33S 8W section 11. 
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(4) LITTLE WINDY CREEK.—The approximately 
1.2 miles of Little Windy Creek from its headwaters 
to west section line of 33S 9W sec. 34. 
(5) MULE
CREEK.—The approximately 5.1 
miles of Mule Creek from its headwaters to east sec-
tion line of 32S 10W sec. 25. 
(6) MISSOURI CREEK.—The approximately 3.1 
miles of Missouri Creek from its headwaters to the 
Wild Rogue Wilderness boundary in 33S 10W sec. 
24. 
(7) JENNY
CREEK.—The approximately 3.1 
miles of Jenny Creek from its headwaters to the 
Wild Rogue Wilderness boundary in 33S 9W sec. 
28. 
(8) RUM CREEK.—The approximately 2.2 miles 
of Rum Creek from its headwaters to the Wild 
Rogue Wilderness boundary in 34S 8W sec. 9. 
(9) EAST
FORK
RUM
CREEK.—The approxi-
mately .5 miles of East Fork Rum Creek from its 
headwaters to the Wild Rogue Wilderness boundary 
in 34S 8W sec. 10. 
(10) HEWITT CREEK.—The approximately 1.4 
miles of Hewitt Creek from its headwaters to the 
Wild Rogue Wilderness boundary in 33S 9W sec. 
19. 
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(11) QUAIL
CREEK.—The approximately .8 
miles of Quail Creek from its headwaters to the Wild 
Rogue Wilderness boundary in 33S 10W sec. 1. 
(12) RUSSIAN CREEK.—The approximately .1 
miles of Russian Creek from its headwaters to the 
Wild Rogue Wilderness boundary in 33S 8W sec. 
20. 
(13) DITCH
CREEK.—The approximately .7 
miles of Ditch Creek from its headwaters to the 
Wild Rogue Wilderness boundary in 33S 9W sec. 5. 
(14) LONG
GULCH.—The approximately 1.4 
miles of Long Gulch from its headwaters to the Wild 
Rogue Wilderness boundary in 33S 10W sec. 23. 
(15) BAILEY CREEK.—The approximately 1.4 
miles of Bailey Creek from its headwaters to west 
section line of 34S 8W sec. 14. 
(16) QUARTZ CREEK.—The approximately 3.3 
miles of Quartz Creek from its headwaters to its 
confluence with the North Fork Galice Creek. 
(17) NORTH FORK GALICE CREEK.—The ap-
proximately 5.7 miles of the North Fork Galice 
Creek from its headwaters to its confluence with 
Galice Creek. 
(18) GRAVE CREEK.—The approximately 10.2 
mile section of Grave Creek from the confluence of 
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Wolf Creek downstream to the confluence with the 
Rogue River. 
(19) CENTENNIAL GULCH.—The approximately 
2.2 miles of Centennial Gulch from its headwaters to 
its confluence with the Rogue River. 
CHAPTER 3—ADDITIONAL PROTECTIONS 
SEC. 371. LIMITATIONS ON LAND ACQUISITION. 
(a) PROHIBITION ON USE OF CONDEMNATION.—The 
Secretary of the Interior or the Secretary of Agriculture 
may not acquire by condemnation any land or interest 
within the boundaries of the river segments or wilderness 
designated by this subtitle. 
(b) LANDOWNER CONSENT REQUIRED.—Private or 
non-Federal public property shall not be included within 
the boundaries of the river segments or wilderness des-
ignated by this subtitle unless the owner of the property 
has consented in writing to having that property included 
in such boundaries. 
SEC. 372. OVERFLIGHTS. 
(a) IN GENERAL.—Nothing in this subtitle or the 
Wilderness Act shall preclude low-level overflights and op-
erations of military aircraft, helicopters, missiles, or un-
manned aerial vehicles over the wilderness designated by 
this subtitle, including military overflights and operations 
that can be seen or heard within the wilderness. 
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(b) 
SPECIAL
USE
AIRSPACE
AND
TRAINING 
ROUTES.—Nothing in this subtitle or the Wilderness Act 
shall preclude the designation of new units of special use 
airspace, the expansion of existing units of special use air-
space, or the use or establishment of military training 
routes over wilderness designated by this subtitle. 
SEC. 373. BUFFER ZONES. 
Nothing in this subtitle— 
(1) establishes or authorizes the establishment 
of a protective perimeter or buffer zone around the 
boundaries of the river segments or wilderness des-
ignated by this subtitle; or 
(2) precludes, limits, or restricts an activity 
from being conducted outside such boundaries, in-
cluding an activity that can be seen or heard from 
within such boundaries. 
SEC. 374. PREVENTION OF WILDFIRES. 
The designation of a river segment or wilderness by 
this subtitle or the withdrawal of the Federal land under 
this subtitle shall not be construed to interfere with the 
authority of the Secretary of the Interior or the Secretary 
of Agriculture to authorize mechanical thinning of trees 
or underbrush to prevent or control the spread of wildfires, 
or conditions creating the risk of wildfire that threatens 
areas outside the boundary of the wilderness, or the use 
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of mechanized equipment for wildfire pre-suppression and 
suppression. 
SEC. 375. LIMITATION ON DESIGNATION OF CERTAIN 
LANDS IN OREGON. 
A national monument designation under the Act of 
June 8, 1906 (commonly known as the Antiquities Act; 
16 U.S.C. 431 et seq.) within or on any portion of the 
Oregon and California Railroad Grant Lands or the O&C 
Region Public Domain lands, regardless of whether man-
agement authority over the lands are transferred to the 
O&C Trust pursuant to section 311(c)(1), the lands are 
excluded from the O&C Trust pursuant to section 
311(c)(2), or the lands are transferred to the Forest Serv-
ice under section 321, shall only be made pursuant to Con-
gressional approval in an Act of Congress. 
CHAPTER 4—EFFECTIVE DATE 
SEC. 381. EFFECTIVE DATE. 
(a) IN GENERAL.—This subtitle and the amendments 
made by this subtitle shall take effect on October 1 of the 
second fiscal year of the transition period. 
(b) EXCEPTION.—If, as a result of judicial review au-
thorized by section 312, any provision of subtitle A is held 
to be invalid and implementation of the provision or any 
activity conducted under the provision is enjoined, this 
subtitle and the amendments made by this subtitle shall 
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not take effect, or if the effective date specified in sub-
section (a) has already occurred, this subtitle shall have 
no force and effect and the amendments made by this sub-
title are repealed. 
Subtitle D—Tribal Trust Lands 
PART 1—COUNCIL CREEK LAND CONVEYANCE 
SEC. 391. DEFINITIONS. 
In this part: 
(1) COUNCIL CREEK LAND.—The term ‘‘Council 
Creek land’’ means the approximately 17,519 acres 
of land, as generally depicted on the map entitled 
‘‘Canyon Mountain Land Conveyance’’ and dated 
June 27, 2013. 
(2) TRIBE.—The term ‘‘Tribe’’ means the Cow 
Creek Band of Umpqua Tribe of Indians. 
SEC. 392. CONVEYANCE. 
(a) IN GENERAL.—Subject to valid existing rights, 
including rights-of-way, all right, title, and interest of the 
United States in and to the Council Creek land, including 
any improvements located on the land, appurtenances to 
the land, and minerals on or in the land, including oil and 
gas, shall be— 
(1) held in trust by the United States for the 
benefit of the Tribe; and 
(2) part of the reservation of the Tribe. 
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SEC. 394. ADMINISTRATION. 
(a) IN GENERAL.—Unless expressly provided in this 
part, nothing in this part affects any right or claim of 
the Tribe existing on the date of enactment of this Act 
to any land or interest in land. 
(b) PROHIBITIONS.— 
(1) EXPORTS
OF
UNPROCESSED
LOGS.—Fed-
eral law (including regulations) relating to the ex-
port of unprocessed logs harvested from Federal 
land shall apply to any unprocessed logs that are 
harvested from the Council Creek land. 
(2) NON-PERMISSIBLE USE OF LAND.—Any real 
property taken into trust under section 392 shall not 
be eligible, or used, for any gaming activity carried 
out under Public Law 100–497 (25 U.S.C. 2701 et 
seq.). 
(c) FOREST MANAGEMENT.—Any forest management 
activity that is carried out on the Council Creek land shall 
be managed in accordance with all applicable Federal 
laws. 
PART 2—OREGON COASTAL LAND CONVEYANCE 
SEC. 395. DEFINITIONS. 
In this part: 
(1) OREGON COASTAL LAND.—The term ‘‘Or-
egon Coastal land’’ means the approximately 14,804 
acres of land, as generally depicted on the map enti-
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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 
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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 
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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. 
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(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 
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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-
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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-
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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 
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(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. 
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(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; 
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(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-
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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.). 
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(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. 
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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 
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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. 
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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 
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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. 
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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— 
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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’’. 
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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 
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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). 
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(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. 
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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. 
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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 
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upon foreign sources of these mineral materials, as 
demonstrated by the following: 
(A) Twenty-five years ago the United 
States was dependent on foreign sources for 30 
nonfuel mineral materials, 6 of which the 
United States imported 100 percent of the Na-
tion’s requirements, and for another 16 com-
modities the United States imported more than 
60 percent of the Nation’s needs. 
(B) By 2011 the United States import de-
pendence for nonfuel mineral materials had 
more than doubled from 30 to 67 commodities, 
19 of which the United States imported 100 
percent of the Nation’s requirements, and for 
another 24 commodities, imported more than 
50 percent of the Nation’s needs. 
(C) The United States share of worldwide 
mineral exploration dollars was 8 percent in 
2011, down from 19 percent in the early 1990s. 
(D) In the 2012 Ranking of Countries for 
Mining Investment, out of 25 major mining 
countries, the United States ranked last with 
Papua New Guinea in permitting delays, and 
towards the bottom regarding government take 
and social issues affecting mining. 
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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 
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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-
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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 
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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. 
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(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. 
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