IIB 
113TH CONGRESS 
1ST SESSION H. R. 1526 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 23, 2013 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To restore employment and educational opportunities in, and 
improve the economic stability of, counties containing 
National Forest System land, while also reducing Forest 
Service management costs, by ensuring that such coun-
ties have a dependable source of revenue from National 
Forest System land, to provide a temporary extension 
of the Secure Rural Schools and Community Self-Deter-
mination Act of 2000, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Restoring Healthy Forests for Healthy Communities 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RESTORING THE COMMITMENT TO RURAL COUNTIES 
AND SCHOOLS 
Sec. 101. Purposes. 
Sec. 102. Definitions. 
Sec. 103. Establishment of Forest Reserve Revenue Areas and annual volume 
requirements. 
Sec. 104. Management of Forest Reserve Revenue Areas. 
Sec. 105. Distribution of forest reserve revenues. 
Sec. 106. Annual report. 
TITLE II—HEALTHY FOREST MANAGEMENT AND CATASTROPHIC 
WILDFIRE PREVENTION 
Sec. 201. Purposes. 
Sec. 202. Definitions. 
Sec. 203. Hazardous fuel reduction projects and forest health projects in at-risk 
forests. 
Sec. 204. Environmental analysis. 
Sec. 205. State designation of high-risk areas of National Forest System and 
public lands. 
Sec. 206. Use of hazardous fuels reduction or forest health projects for high- 
risk areas. 
Sec. 207. Moratorium on use of prescribed fire in Mark Twain National Forest, 
Missouri, pending report. 
TITLE III—OREGON AND CALIFORNIA RAILROAD GRANT LANDS 
TRUST, CONSERVATION, AND JOBS 
Sec. 301. Short title. 
Sec. 302. Definitions. 
Subtitle A—Trust, Conservation, and Jobs 
CHAPTER 1—CREATION AND TERMS OF O&C TRUST 
Sec. 311. Creation of O&C Trust and designation of O&C Trust lands. 
Sec. 312. Legal effect of O&C Trust and judicial review. 
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Sec. 313. Board of Trustees. 
Sec. 314. Management of O&C Trust lands. 
Sec. 315. Distribution of revenues from O&C Trust lands. 
Sec. 316. Land exchange authority. 
Sec. 317. Payments to the United States Treasury. 
CHAPTER 2—TRANSFER OF CERTAIN LANDS TO FOREST SERVICE 
Sec. 321. Transfer of certain Oregon and California Railroad Grant lands to 
Forest Service. 
Sec. 322. Management of transferred lands by Forest Service. 
Sec. 323. Management efficiencies and expedited land exchanges. 
Sec. 324. Review panel and old growth protection. 
Sec. 325. Uniqueness of old growth protection on Oregon and California Rail-
road Grant lands. 
CHAPTER 3—TRANSITION 
Sec. 331. Transition period and operations. 
Sec. 332. O&C Trust management capitalization. 
Sec. 333. Existing Bureau of Land Management and Forest Service contracts. 
Sec. 334. Protection of valid existing rights and access to non-Federal land. 
Sec. 335. Repeal of superseded law relating to Oregon and California Railroad 
Grant lands. 
Subtitle B—Coos Bay Wagon Roads 
Sec. 341. Transfer of management authority over certain Coos Bay Wagon 
Road Grant lands to Coos County, Oregon. 
Sec. 342. Transfer of certain Coos Bay Wagon Road Grant lands to Forest 
Service. 
Sec. 343. Land exchange authority. 
Subtitle C—Oregon Treasures 
CHAPTER 1—WILDERNESS AREAS 
Sec. 351. Designation of Devil’s Staircase Wilderness. 
Sec. 352. Expansion of Wild Rogue Wilderness Area. 
CHAPTER 2—WILD AND SCENIC RIVER DESIGNATED AND RELATED 
PROTECTIONS 
Sec. 361. Wild and scenic river designations, Molalla River. 
Sec. 362. Wild and Scenic Rivers Act technical corrections related to Chetco 
River. 
Sec. 363. Wild and scenic river designations, Wasson Creek and Franklin 
Creek. 
Sec. 364. Wild and scenic river designations, Rogue River area. 
Sec. 365. Additional protections for Rogue River tributaries. 
CHAPTER 3—ADDITIONAL PROTECTIONS 
Sec. 371. Limitations on land acquisition. 
Sec. 372. Overflights. 
Sec. 373. Buffer zones. 
Sec. 374. Prevention of wildfires. 
Sec. 375. Limitation on designation of certain lands in Oregon. 
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CHAPTER 4—EFFECTIVE DATE 
Sec. 381. Effective date. 
Subtitle D—Tribal Trust Lands 
PART 1—COUNCIL CREEK LAND CONVEYANCE 
Sec. 391. Definitions. 
Sec. 392. Conveyance. 
Sec. 393. Map and legal description. 
Sec. 394. Administration. 
PART 2—OREGON COASTAL LAND CONVEYANCE 
Sec. 395. Definitions. 
Sec. 396. Conveyance. 
Sec. 397. Map and legal description. 
Sec. 398. Administration. 
TITLE IV—COMMUNITY FOREST MANAGEMENT DEMONSTRATION 
Sec. 401. Purpose and definitions. 
Sec. 402. Establishment of community forest demonstration areas. 
Sec. 403. Advisory committee. 
Sec. 404. Management of community forest demonstration areas. 
Sec. 405. Distribution of funds from community forest demonstration area. 
Sec. 406. Initial funding authority. 
Sec. 407. Payments to United States Treasury. 
Sec. 408. Termination of community forest demonstration area. 
TITLE V—REAUTHORIZATION AND AMENDMENT OF EXISTING 
AUTHORITIES AND OTHER MATTERS 
Sec. 501. Extension of Secure Rural Schools and Community Self-Determina-
tion Act of 2000 pending full operation of Forest Reserve Rev-
enue Areas. 
Sec. 502. Restoring original calculation method for 25-percent payments. 
Sec. 503. Forest Service and Bureau of Land Management good-neighbor co-
operation with States to reduce wildfire risks. 
Sec. 504. Stewardship end result contracting project authority. 
Sec. 505. Clarification of National Forest Management Act of 1976 authority. 
Sec. 506. Treatment as supplemental funding. 
Sec. 507. Exception of certain forest projects and activities from Appeals Re-
form Act and other review. 
Sec. 508. Definition of fire suppression to include certain related activities. 
Sec. 509. Prohibition on certain actions regarding Forest Service roads and 
trails. 
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TITLE I—RESTORING THE COM-
MITMENT TO RURAL COUN-
TIES AND SCHOOLS 
SEC. 101. PURPOSES. 
The purposes of this title are as follows: 
(1) To restore employment and educational op-
portunities in, and improve the economic stability of, 
counties containing National Forest System land. 
(2) To ensure that such counties have a de-
pendable source of revenue from National Forest 
System land. 
(3) To reduce Forest Service management costs 
while also ensuring the protection of United States 
forests resources. 
SEC. 102. DEFINITIONS. 
In this title: 
(1) ANNUAL VOLUME REQUIREMENT.— 
(A) IN GENERAL.—The term ‘‘annual vol-
ume requirement’’, with respect to a Forest Re-
serve Revenue Area, means a volume of na-
tional forest materials no less than 50 percent 
of the sustained yield of the Forest Reserve 
Revenue Area. 
(B) EXCLUSIONS.—In determining the vol-
ume of national forest materials or the sus-
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tained yield of a Forest Reserve Revenue Area, 
the Secretary may not include non-commercial 
post and pole sales and personal use firewood. 
(2) BENEFICIARY COUNTY.—The term ‘‘bene-
ficiary county’’ means a political subdivision of a 
State that, on account of containing National Forest 
System land, was eligible to receive payments 
through the State under title I of the Secure Rural 
Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7111 et seq.). 
(3) CATASTROPHIC EVENT.—The term ‘‘cata-
strophic event’’ means an event (including severe 
fire, insect or disease infestations, windthrow, or 
other extreme weather or natural disaster) that the 
Secretary determines will cause or has caused sub-
stantial damage to National Forest System land or 
natural resources on National Forest System land. 
(4) COVERED
FOREST
RESERVE
PROJECT.— 
The terms ‘‘covered forest reserve project’’ and ‘‘cov-
ered project’’ mean a project involving the manage-
ment or sale of national forest materials within a 
Forest Reserve Revenue Area to generate forest re-
serve revenues and achieve the annual volume re-
quirement for the Forest Reserve Revenue Area. 
(5) FOREST RESERVE REVENUE AREA.— 
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(A) IN GENERAL.—The term ‘‘Forest Re-
serve Revenue Area’’ means National Forest 
System land in a unit of the National Forest 
System designated for sustainable forest man-
agement for the production of national forest 
materials and forest reserve revenues. 
(B) INCLUSIONS.—Subject to subpara-
graph (C), but otherwise notwithstanding any 
other provision of law, including executive or-
ders and regulations, the Secretary shall include 
in Forest Reserve Revenue Areas not less than 
50 percent of the National Forest System lands 
identified as commercial forest land capable of 
producing twenty cubic feet of timber per acre. 
(C) EXCLUSIONS.—A Forest Reserve Rev-
enue Area may not include National Forest 
System land— 
(i) that is a component of the Na-
tional Wilderness Preservation System; 
(ii) on which the removal of vegetation 
is specifically prohibited by Federal stat-
ute; or 
(iii) that is within a National Monu-
ment as of the date of the enactment of 
this Act. 
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(6) FOREST
RESERVE
REVENUES.—The term 
‘‘forest reserve revenues’’ means revenues derived 
from the sale of national forest materials in a Forest 
Reserve Revenue Area. 
(7) NATIONAL FOREST MATERIALS.—The term 
‘‘national forest materials’’ has the meaning given 
that term in section 14(e)(1) of the National Forest 
Management Act of 1976 (16 U.S.C. 472a(e)(1)). 
(8) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
that term in section 11(a) of the Forest and 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). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(10) SUSTAINED YIELD.—The term ‘‘sustained 
yield’’ means the maximum annual growth potential 
of the forest calculated on the basis of the culmina-
tion of mean annual increment using cubic measure-
ment. 
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(11) STATE.—The term ‘‘State’’ includes the 
Commonwealth of Puerto Rico. 
(12) 25-PERCENT
PAYMENT.—The term ‘‘25- 
percent payment’’ means the payment to States re-
quired by the sixth paragraph under the heading of 
‘‘FOREST SERVICE’’ in the Act of May 23, 1908 
(35 Stat. 260; 16 U.S.C. 500), and section 13 of the 
Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 
500). 
SEC. 103. ESTABLISHMENT OF FOREST RESERVE REVENUE 
AREAS 
AND 
ANNUAL 
VOLUME 
REQUIRE-
MENTS. 
(a) ESTABLISHMENT
OF FOREST RESERVE REV-
ENUE AREAS.—Notwithstanding any other provision of 
law, the Secretary shall establish one or more Forest Re-
serve Revenue Areas within each unit of the National For-
est System. 
(b) DEADLINE
FOR ESTABLISHMENT.—The Sec-
retary shall complete establishment of the Forest Reserve 
Revenue Areas not later than 60 days after the date of 
enactment of this Act, 
(c) PURPOSE.—The purpose of a Forest Reserve Rev-
enue Area is to provide a dependable source of 25-percent 
payments and economic activity through sustainable forest 
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management for each beneficiary county containing Na-
tional Forest System land. 
(d) FIDUCIARY
RESPONSIBILITY.—The Secretary 
shall have a fiduciary responsibility to beneficiary counties 
to manage Forest Reserve Revenue Areas to satisfy the 
annual volume requirement. 
(e) DETERMINATION OF ANNUAL VOLUME REQUIRE-
MENT.—Not later than 30 days after the date of the es-
tablishment of a Forest Reserve Revenue Area, the Sec-
retary shall determine the annual volume requirement for 
that Forest Reserve Revenue Area. 
(f) LIMITATION
ON REDUCTION
OF FOREST RE-
SERVE REVENUE AREAS.—Once a Forest Reserve Rev-
enue Area is established under subsection (a), the Sec-
retary may not reduce the number of acres of National 
Forest System land included in that Forest Reserve Rev-
enue Area. 
(g) MAP.—The Secretary shall provide a map of all 
Forest Reserve Revenue Areas established under sub-
section (a) for each unit of the National Forest System— 
(1) to the Committee on Agriculture and the 
Committee on Natural Resources of the House of 
Representatives; and 
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(2) to the Committee on Agriculture, Nutrition, 
and Forestry and the Committee on Energy and 
Natural Resources of the Senate. 
(h) 
RECOGNITION
OF
VALID
AND
EXISTING 
RIGHTS.—Neither the establishment of Forest Reserve 
Revenue Areas under subsection (a) nor any other provi-
sion of this title shall be construed to limit or restrict— 
(1) access to National Forest System land for 
hunting, fishing, recreation, and other related pur-
poses; or 
(2) valid and existing rights regarding National 
Forest System land, including rights of any federally 
recognized Indian tribe. 
SEC. 104. MANAGEMENT OF FOREST RESERVE REVENUE 
AREAS. 
(a) REQUIREMENT TO ACHIEVE ANNUAL VOLUME 
REQUIREMENT.—Immediately upon the establishment of 
a Forest Reserve Revenue Area, the Secretary shall man-
age the Forest Reserve Revenue Area in the manner nec-
essary to achieve the annual volume requirement for the 
Forest Reserve Revenue Area. The Secretary is authorized 
and encouraged to commence covered forest reserve 
projects as soon as practicable after the date of the enact-
ment of this Act to begin generating forest reserve reve-
nues. 
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(b) STANDARDS FOR PROJECTS WITHIN FOREST RE-
SERVE REVENUE AREAS.—The Secretary shall conduct 
covered forest reserve projects within Forest Reserve Rev-
enue Areas in accordance with this section, which shall 
serve as the sole means by which the Secretary will comply 
with the National Environmental Policy Act of 1969 (42 
U.S.C. 4331 et seq.) and other laws applicable to the cov-
ered projects. 
(c) ENVIRONMENTAL
ANALYSIS
PROCESS
FOR 
PROJECTS IN FOREST RESERVE REVENUE AREAS.— 
(1) ENVIRONMENTAL ASSESSMENT.—The Sec-
retary shall give published notice and complete an 
environmental 
assessment 
pursuant 
to 
section 
102(2) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)) for a covered forest re-
serve project proposed to be conducted within a For-
est Reserve Revenue Area, except that the Secretary 
is not required to study, develop, or describe any al-
ternative to the proposed agency action. 
(2) CUMULATIVE
EFFECTS.—The Secretary 
shall consider cumulative effects solely by evaluating 
the impacts of a proposed covered forest reserve 
project combined with the impacts of any other 
projects that were approved with a Decision Notice 
or Record of Decision before the date on which the 
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Secretary published notice of the proposed covered 
project. The cumulative effects of past projects may 
be considered in the environmental assessment by 
using a description of the current environmental 
conditions. 
(3) LENGTH.—The environmental assessment 
prepared for a proposed covered forest reserve 
project shall not exceed 100 pages in length. The 
Secretary may incorporate in the environmental as-
sessment, by reference, any documents that the Sec-
retary determines, in the sole discretion of the Sec-
retary, are relevant to the assessment of the environ-
mental effects of the covered project. 
(4) DEADLINE
FOR
COMPLETION.—The Sec-
retary shall complete the environmental assessment 
for a covered forest reserve project within 180 days 
after the date on which the Secretary published no-
tice of the proposed covered project. 
(5) TREATMENT
OF
DECISION
NOTICE.—The 
decision notice for a covered forest reserve project 
shall be considered a final agency action and no ad-
ditional analysis under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall be 
required to implement any portion of the covered 
project. 
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(6) CATEGORICAL EXCLUSION.—A covered for-
est reserve project that is proposed in response to a 
catastrophic event, that covers an area of 10,000 
acres or less, or an eligible hazardous fuel reduction 
or forest health project proposed under title II that 
involves the removal of insect-infected trees, dead or 
dying trees, trees presenting a threat to public safe-
ty, or other hazardous fuels within 500 feet of utility 
or telephone infrastructure, campgrounds, roadsides, 
heritage sites, recreation sites, schools, or other in-
frastructure, shall be categorically excluded from the 
requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331 et seq.). 
(d) APPLICATION OF LAND AND RESOURCE MANAGE-
MENT PLAN.—The Secretary may modify the standards 
and guidelines contained in the land and resource manage-
ment plan for the unit of the National Forest System in 
which the covered forest reserve project will be carried out 
as necessary to achieve the requirements of this Act. Sec-
tion 6(g)(3)(E)(iv) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 
1604(g)(3)(E)(iv)) shall not apply to a covered forest re-
serve project. 
(e) COMPLIANCE
WITH
ENDANGERED
SPECIES 
ACT.— 
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(1) NON-JEOPARDY ASSESSMENT.—If the Sec-
retary determines that a proposed covered forest re-
serve project may affect the continued existence of 
any species listed as endangered or threatened under 
section 4 of the Endangered Species Act of 1973 (16 
U.S.C. 1533), the Secretary shall issue a determina-
tion explaining the view of the Secretary that the 
proposed covered project is not likely to jeopardize 
the continued existence of the species. 
(2) SUBMISSION, REVIEW, AND RESPONSE.— 
(A) SUBMISSION.—The Secretary shall 
submit a determination issued by the Secretary 
under paragraph (1) to the Secretary of the In-
terior or the Secretary of Commerce, as appro-
priate. 
(B) REVIEW AND RESPONSE.—Within 30 
days after receiving a determination under sub-
paragraph (A), the Secretary of the Interior or 
the Secretary of Commerce, as appropriate, 
shall provide a written response to the Sec-
retary concurring in or rejecting the Secretary’s 
determination. If the Secretary of the Interior 
or the Secretary of Commerce rejects the deter-
mination, the written response shall include rec-
ommendations for measures that— 
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(i) will avoid the likelihood of jeopardy 
to an endangered or threatened species; 
(ii) can be implemented in a manner 
consistent with the intended purpose of the 
covered forest reserve project; 
(iii) can be implemented consistent 
with the scope of the Secretary’s legal au-
thority and jurisdiction; and 
(iv) are economically and techno-
logically feasible. 
(3) FORMAL CONSULTATION.—If the Secretary 
of the Interior or the Secretary of Commerce rejects 
a determination issued by the Secretary under para-
graph (1), the Secretary of the Interior or the Sec-
retary of Commerce also is required to engage in 
formal consultation with the Secretary. The Secre-
taries shall complete such consultation pursuant to 
section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536) within 90 days after the submission of 
the written response under paragraph (2). 
(f) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
(1) ADMINISTRATIVE REVIEW.—Administrative 
review of a covered forest reserve project shall occur 
only in accordance with the special administrative 
review process established under section 105 of the 
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Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6515). 
(2) JUDICIAL REVIEW.— 
(A) IN
GENERAL.—Judicial review of a 
covered forest reserve project shall occur in ac-
cordance with section 106 of the Healthy For-
ests Restoration Act of 2003 (16 U.S.C. 6516), 
except that a court of the United States may 
not issue a restraining order, preliminary in-
junction, or injunction pending appeal covering 
a covered forest reserve project in response to 
an allegation that the Secretary violated any 
procedural requirement applicable to how the 
project was selected, planned, or analyzed. 
(B) BOND
REQUIRED.—A plaintiff chal-
lenging a covered forest reserve project shall be 
required to post a bond or other security ac-
ceptable to the court for the reasonably esti-
mated costs, expenses, and attorneys fees of the 
Secretary as defendant. All proceedings in the 
action shall be stayed until the security is given. 
If the plaintiff has not complied with the order 
to post such bond or other security within 90 
days after the date of service of the order, then 
the action shall be dismissed with prejudice. 
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(C) RECOVERY.—If the Secretary prevails 
in the case, the Secretary shall submit to the 
court a motion for payment of all litigation ex-
penses. 
(g) USE OF ALL-TERRAIN VEHICLES FOR MANAGE-
MENT ACTIVITIES.—The Secretary may allow the use of 
all-terrain vehicles within the Forest Reserve Revenue 
Areas for the purpose of activities associated with the sale 
of national forest materials in a Forest Reserve Revenue 
Area. 
SEC. 105. DISTRIBUTION OF FOREST RESERVE REVENUES. 
(a) 25-PERCENT PAYMENTS.—The Secretary shall 
use forest reserve revenues generated by a covered forest 
reserve project to make 25-percent payments to States for 
the benefit of beneficiary counties. 
(b) DEPOSIT IN KNUTSON-VANDENBERG AND SAL-
VAGE SALE FUNDS.—After compliance with subsection 
(a), the Secretary shall use forest reserve revenues to 
make deposits into the fund established under section 3 
of the Act of June 9, 1930 (16 U.S.C. 576b; commonly 
known as the Knutson-Vandenberg Fund) and the fund 
established under section 14(h) of the National Forest 
Management Act of 1976 (16 U.S.C. 472a(h); commonly 
known as the salvage sale fund) in contributions equal to 
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the monies otherwise collected under those Acts for 
projects conducted on National Forest System land. 
(c) DEPOSIT IN GENERAL FUND OF THE TREAS-
URY.—After compliance with subsections (a) and (b), the 
Secretary shall deposit remaining forest reserve revenues 
into the general fund of the Treasury. 
SEC. 106. ANNUAL REPORT. 
(a) REPORT REQUIRED.—Not later than 60 days 
after the end of each fiscal year, the Secretary shall sub-
mit to Congress an annual report specifying the annual 
volume requirement in effect for that fiscal year for each 
Forest Reserve Revenue Area, the volume of board feet 
actually harvested for each Forest Reserve Revenue Area, 
the average cost of preparation for timber sales, the forest 
reserve revenues generated from such sales, and the 
amount of receipts distributed to each beneficiary county. 
(b) FORM OF REPORT.—The information required by 
subsection (a) to be provided with respect to a Forest Re-
serve Revenue Area shall be presented on a single page. 
In addition to submitting each report to Congress, the 
Secretary shall also make the report available on the 
website of the Forest Service. 
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TITLE 
II—HEALTHY 
FOREST 
MANAGEMENT 
AND 
CATA-
STROPHIC 
WILDFIRE 
PRE-
VENTION 
SEC. 201. PURPOSES. 
The purposes of this title are as follows: 
(1) To provide the Secretary of Agriculture and 
the Secretary of the Interior with the tools necessary 
to reduce the potential for wildfires. 
(2) To expedite wildfire prevention projects to 
reduce the chances of wildfire on certain high-risk 
Federal lands. 
(3) To protect communities and forest habitat 
from uncharacteristic wildfires. 
(4) To enhance aquatic conditions and terres-
trial wildlife habitat. 
(5) To restore diverse and resilient landscapes 
through improved forest conditions. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) AT-RISK COMMUNITY.—The term ‘‘at-risk 
community’’ has the meaning given that term in sec-
tion 101 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6511). 
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(2) AT-RISK FOREST.—The term ‘‘at-risk for-
est’’ means— 
(A) Federal land in condition class II or 
III, as those classes were developed by the For-
est Service Rocky Mountain Research Station 
in the general technical report titled ‘‘Develop-
ment of Coarse-Scale Spatial Data for Wildland 
Fire and Fuel Management’’ (RMRS–87) and 
dated April 2000 or any subsequent revision of 
the report; or 
(B) Federal land where there exists a high 
risk of losing an at-risk community, key eco-
system, water supply, wildlife, or wildlife habi-
tat to wildfire, including catastrophic wildfire 
and post-fire disturbances, as designated by the 
Secretary concerned. 
(3) FEDERAL LAND.— 
(A) COVERED LAND.—The term ‘‘Federal 
land’’ means— 
(i) land of the National Forest System 
(as defined in section 11(a) of the Forest 
and Rangeland Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1609(a))); or 
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(ii) public lands (as defined in section 
103 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702)). 
(B) EXCLUDED LAND.—The term does not 
include land— 
(i) that is a component of the Na-
tional Wilderness Preservation System; 
(ii) on which the removal of vegetation 
is specifically prohibited by Federal stat-
ute; or 
(iii) that is within a National Monu-
ment as of the date of the enactment of 
this Act. 
(4) HIGH-RISK
AREA.—The term ‘‘high-risk 
area’’ means an area of Federal land identified 
under section 205 as an area suffering from the 
bark beetle epidemic, drought, or deteriorating forest 
health conditions, with the resulting imminent risk 
of devastating wildfires, or otherwise at high risk for 
bark beetle infestation, drought, or wildfire. 
(5) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture, in the 
case of National Forest System land; and 
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(B) the Secretary of the Interior, in the 
case of public lands. 
(6) ELIGIBLE
HAZARDOUS
FUEL
REDUCTION 
AND FOREST HEALTH PROJECTS.—The terms ‘‘haz-
ardous fuel reduction project’’ or ‘‘forest health 
project’’ mean the measures and methods developed 
for a project to be carried out on Federal land— 
(A) in an at-risk forest under section 203 
for hazardous fuels reduction, forest health, for-
est restoration, or watershed restoration, using 
ecological restoration principles consistent with 
the forest type where such project will occur; or 
(B) in a high-risk area under section 206. 
SEC. 203. HAZARDOUS FUEL REDUCTION PROJECTS AND 
FOREST HEALTH PROJECTS IN AT-RISK FOR-
ESTS. 
(a) IMPLEMENTATION.—As soon as practicable after 
the date of the enactment of this Act, the Secretary con-
cerned is authorized to implement a hazardous fuel reduc-
tion project or a forest health project in at-risk forests 
in a manner that focuses on surface, ladder, and canopy 
fuels reduction activities using ecological restoration prin-
ciples consistent with the forest type in the location where 
such project will occur. 
(b) AUTHORIZED PRACTICES.— 
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(1) INCLUSION
OF
LIVESTOCK
GRAZING
AND 
TIMBER HARVESTING.—A hazardous fuel reduction 
project or a forest health project may include live-
stock grazing and timber harvest projects carried 
out for the purposes of hazardous fuels reduction, 
forest health, forest restoration, watershed restora-
tion, or threatened and endangered species habitat 
protection or improvement, if the management ac-
tion is consistent with achieving long-term ecological 
restoration of the forest type in the location where 
such project will occur. 
(2) GRAZING.—Domestic livestock grazing may 
be used in a hazardous fuel reduction project or a 
forest health project to reduce surface fuel loads and 
to recover burned areas. Utilization standards shall 
not apply when domestic livestock grazing is used in 
such a project. 
(3) TIMBER
HARVESTING
AND
THINNING.— 
Timber harvesting and thinning, where the ecologi-
cal restoration principles are consistent with the for-
est type in the location where such project will 
occur, may be used in a hazardous fuel reduction 
project or a forest health project to reduce ladder 
and canopy fuel loads to prevent unnatural fire. 
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(c) PRIORITY.—The Secretary concerned shall give 
priority to hazardous fuel reduction projects and forest 
health projects submitted by the Governor of a State as 
provided in section 206(c) and to projects submitted under 
the Tribal Forest Protection Act of 2004 (25 U.S.C. 
3115a). 
SEC. 204. ENVIRONMENTAL ANALYSIS. 
Subsections (b) through (f) of section 104 shall apply 
to the implementation of a hazardous fuel reduction 
project or a forest health project under this title. In addi-
tion, if the primary purpose of a hazardous fuel reduction 
project or a forest health project under this title is the 
salvage of dead, damaged, or down timber resulting from 
wildfire occurring in 2013, the hazardous fuel reduction 
project or forest health project, and any decision of the 
Secretary concerned in connection with the project, shall 
not be subject to judicial review or to any restraining order 
or injunction issued by a United States court. 
SEC. 205. STATE DESIGNATION OF HIGH-RISK AREAS OF NA-
TIONAL FOREST SYSTEM AND PUBLIC LANDS. 
(a) DESIGNATION AUTHORITY.—The Governor of a 
State may designate high-risk areas of Federal land in the 
State for the purposes of addressing— 
(1) deteriorating forest health conditions in ex-
istence as of the date of the enactment of this Act 
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due to the bark beetle epidemic or drought, with the 
resulting imminent risk of devastating wildfires; and 
(2) the future risk of insect infestations or dis-
ease outbreaks through preventative treatments to 
improve forest health conditions. 
(b) CONSULTATION.—In designating high-risk areas, 
the Governor of a State shall consult with county govern-
ment from affected counties and with affected Indian 
tribes. 
(c) EXCLUSION OF CERTAIN AREAS.—The following 
Federal land may not be designated as a high-risk area: 
(1) A component of the National Wilderness 
Preservation System. 
(2) Federal land on which the removal of vege-
tation is specifically prohibited by Federal statute. 
(3) Federal land within a National Monument 
as of the date of the enactment of this Act. 
(d) STANDARDS FOR DESIGNATION.—Designation of 
high-risk areas shall be consistent with standards and 
guidelines contained in the land and resource management 
plan or land use plan for the unit of Federal land for 
which the designation is being made, except that the Sec-
retary concerned may modify such standards and guide-
lines to correspond with a specific high-risk area designa-
tion. 
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(e) TIME FOR INITIAL DESIGNATIONS.—The first 
high-risk areas should be designated not later than 60 
days after the date of the enactment of this Act, but high- 
risk areas may be designated at any time consistent with 
subsection (a). 
(f) DURATION OF DESIGNATION.—The designation of 
a high-risk area in a State shall expire 20 years after the 
date of the designation, unless earlier terminated by the 
Governor of the State. 
(g) REDESIGNATION.—The expiration of the 20-year 
period specified in subsection (f) does not prohibit the 
Governor from redesignating an area of Federal land as 
a high-risk area under this section if the Governor deter-
mines that the Federal land continues to be subject to the 
terms of this section. 
(h) 
RECOGNITION
OF
VALID
AND
EXISTING 
RIGHTS.—The designation of a high-risk area shall not 
be construed to limit or restrict— 
(1) access to Federal land included in the area 
for hunting, fishing, and other related purposes; or 
(2) valid and existing rights regarding the Fed-
eral land. 
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SEC. 206. USE OF HAZARDOUS FUELS REDUCTION OR FOR-
EST 
HEALTH 
PROJECTS 
FOR 
HIGH-RISK 
AREAS. 
(a) PROJECT PROPOSALS.— 
(1) PROPOSALS AUTHORIZED.—Upon designa-
tion of a high-risk area in a State, the Governor of 
the State may provide for the development of pro-
posed hazardous fuel reduction projects or forest 
health projects for the high-risk area. 
(2) PROJECT CRITERIA.—In preparing a pro-
posed hazardous fuel reduction project or a forest 
health project, the Governor of a State and the Sec-
retary concerned shall— 
(A) take into account managing for rights 
of way, protection of watersheds, protection of 
wildlife and endangered species habitat, safe- 
guarding water resources, and protecting at- 
risk communities from wildfires; and 
(B) emphasize activities that thin the for-
est to provide the greatest health and longevity 
of the forest. 
(b) CONSULTATION.—In preparing a proposed haz-
ardous fuel reduction project or a forest health project, 
the Governor of a State shall consult with county govern-
ment from affected counties, and with affected Indian 
tribes. 
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(c) SUBMISSION AND IMPLEMENTATION.—The Gov-
ernor of a State shall submit proposed emergency haz-
ardous fuel reduction projects and forest health projects 
to the Secretary concerned for implementation as provided 
in section 203. 
SEC. 207. MORATORIUM ON USE OF PRESCRIBED FIRE IN 
MARK TWAIN NATIONAL FOREST, MISSOURI, 
PENDING REPORT. 
(a) MORATORIUM.—Except as provided in subsection 
(b), the Secretary of Agriculture may not conduct any pre-
scribed fire in Mark Twain National Forest, Missouri, 
under the Collaborative Forest Landscape Restoration 
Project until the report required by subsection (c) is sub-
mitted to Congress. 
(b) EXCEPTION FOR WILDFIRE SUPPRESSION.—Sub-
section (a) does not prohibit the use of prescribed fire as 
part of wildfire suppression activities. 
(c) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Agriculture shall submit to Congress a report con-
taining an evaluation of recent and current Forest Service 
management practices for Mark Twain National Forest, 
including lands in the National Forest enrolled, or under 
consideration for enrollment, in the Collaborative Forest 
Landscape Restoration Project to convert certain lands 
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into shortleaf pine-oak woodlands, to determine the impact 
of such management practices on forest health and tree 
mortality. The report shall specifically address— 
(1) the economic costs associated with the fail-
ure to utilize hardwoods cut as part of the Collabo-
rative Forest Landscape Restoration Project and the 
subsequent loss of hardwood production from the 
treated lands in the long term; 
(2) the extent of increased tree mortality due to 
excessive heat generated by prescribed fires; 
(3) the impacts to water quality and rate of 
water run off due to erosion of the scorched earth 
left in the aftermath of the prescribed fires; and 
(4) a long-term plan for evaluation of the im-
pacts of prescribed fires on lands previously burned 
within the Eleven Point Ranger District. 
TITLE III—OREGON AND CALI-
FORNIA 
RAILROAD 
GRANT 
LANDS 
TRUST, 
CONSERVA-
TION, AND JOBS 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘O&C Trust, Conserva-
tion, and Jobs Act’’. 
SEC. 302. DEFINITIONS. 
In this title: 
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(1) AFFILIATES.—The term ‘‘Affiliates’’ has 
the meaning given such term in part 121 of title 13, 
Code of Federal Regulations. 
(2) BOARD OF TRUSTEES.—The term ‘‘Board 
of Trustees’’ means the Board of Trustees for the 
Oregon and California Railroad Grant Lands Trust 
appointed under section 313. 
(3) COOS BAY WAGON ROAD GRANT LANDS.— 
The term ‘‘Coos Bay Wagon Road Grant lands’’ 
means the lands reconveyed to the United States 
pursuant to the first section of the Act of February 
26, 1919 (40 Stat. 1179). 
(4) FISCAL
YEAR.—The term ‘‘fiscal year’’ 
means the Federal fiscal year, October 1 through 
the next September 30. 
(5) GOVERNOR.—The term ‘‘Governor’’ means 
the Governor of the State of Oregon. 
(6) O&C REGION PUBLIC DOMAIN LANDS.—The 
term ‘‘O&C Region Public Domain lands’’ means all 
the land managed by the Bureau of Land Manage-
ment in the Salem District, Eugene District, 
Roseburg District, Coos Bay District, and Medford 
District in the State of Oregon, excluding the Or-
egon and California Railroad Grant lands and the 
Coos Bay Wagon Road Grant lands. 
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(7) O&C TRUST.—The terms ‘‘Oregon and Cali-
fornia Railroad Grant Lands Trust’’ and ‘‘O&C 
Trust’’ mean the trust created by section 311, which 
has fiduciary responsibilities to act for the benefit of 
the O&C Trust counties in the management of O&C 
Trust lands. 
(8) O&C TRUST
COUNTY.—The term ‘‘O&C 
Trust county’’ means each of the 18 counties in the 
State of Oregon that contained a portion of the Or-
egon and California Railroad Grant lands as of Jan-
uary 1, 2013, each of which are beneficiaries of the 
O&C Trust. 
(9) O&C TRUST
LANDS.—The term ‘‘O&C 
Trust lands’’ means the surface estate of the lands 
over which management authority is transferred to 
the O&C Trust pursuant to section 311(c)(1). The 
term does not include any of the lands excluded 
from the O&C Trust pursuant to section 311(c)(2), 
transferred to the Forest Service under section 321, 
or Tribal lands transferred under subtitle D. 
(10) OREGON
AND
CALIFORNIA
RAILROAD 
GRANT LANDS.—The term ‘‘Oregon and California 
Railroad Grant lands’’ means the following lands: 
(A) All lands in the State of Oregon re-
vested in the United States under the Act of 
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June 9, 1916 (39 Stat. 218), regardless of 
whether the lands are— 
(i) administered by the Secretary of 
the Interior, acting through the Bureau of 
Land Management, pursuant to the first 
section of the Act of August 28, 1937 (43 
U.S.C. 1181a); or 
(ii) administered by the Secretary of 
Agriculture as part of the National Forest 
System pursuant to the first section of the 
Act of June 24, 1954 (43 U.S.C. 1181g). 
(B) All lands in the State obtained by the 
Secretary of the Interior pursuant to the land 
exchanges authorized and directed by section 2 
of the Act of June 24, 1954 (43 U.S.C. 1181h). 
(C) All lands in the State acquired by the 
United States at any time and made subject to 
the provisions of title II of the Act of August 
28, 1937 (43 U.S.C. 1181f). 
(11) RESERVE
FUND.—The term ‘‘Reserve 
Fund’’ means the reserve fund created by the Board 
of Trustees under section 315(b). 
(12) 
SECRETARY
CONCERNED.—The 
term 
‘‘Secretary concerned’’ means— 
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(A) the Secretary of the Interior, with re-
spect to Oregon and California Railroad Grant 
lands that are transferred to the management 
authority of the O&C Trust and, immediately 
before such transfer, were managed by the Bu-
reau of Land Management; and 
(B) the Secretary of Agriculture, with re-
spect to Oregon and California Railroad Grant 
lands that— 
(i) are transferred to the management 
authority of the O&C Trust and, imme-
diately before such transfer, were part of 
the National Forest System; or 
(ii) are transferred to the Forest 
Service under section 321. 
(13) STATE.—The term ‘‘State’’ means the 
State of Oregon. 
(14) TRANSITION PERIOD.—The term ‘‘transi-
tion period’’ means the three fiscal-year period speci-
fied in section 331 following the appointment of the 
Board of Trustees during which— 
(A) the O&C Trust is created; and 
(B) interim funding of the O&C Trust is 
secured. 
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(15) TRIBAL LANDS.—The term ‘‘Tribal lands’’ 
means any of the lands transferred to the Cow 
Creek Band of the Umpqua Tribe of Indians or the 
Confederated Tribes of Coos, Lower Umpqua, and 
Siuslaw Indians under subtitle D. 
Subtitle A—Trust, Conservation, 
and Jobs 
CHAPTER 1—CREATION AND TERMS OF 
O&C TRUST 
SEC. 311. CREATION OF O&C TRUST AND DESIGNATION OF 
O&C TRUST LANDS. 
(a) CREATION.—The Oregon and California Railroad 
Grant Lands Trust is established effective on October 1 
of the first fiscal year beginning after the appointment of 
the Board of Trustees. As management authority over the 
surface of estate of the O&C Trust lands is transferred 
to the O&C Trust during the transition period pursuant 
to section 331, the transferred lands shall be held in trust 
for the benefit of the O&C Trust counties. 
(b) TRUST PURPOSE.—The purpose of the O&C 
Trust is to produce annual maximum sustained revenues 
in perpetuity for O&C Trust counties by managing the 
timber resources on O&C Trust lands on a sustained-yield 
basis subject to the management requirements of section 
314. 
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(c) DESIGNATION OF O&C TRUST LANDS.— 
(1) LANDS INCLUDED.—Except as provided in 
paragraph (2), the O&C Trust lands shall include all 
of the lands containing the stands of timber de-
scribed in subsection (d) that are located, as of Jan-
uary 1, 2013, on Oregon and California Railroad 
Grant lands and O&C Region Public Domain lands. 
(2) LANDS EXCLUDED.—O&C Trust lands shall 
not include any of the following Oregon and Cali-
fornia Railroad Grant lands and O&C Region Public 
Domain lands (even if the lands are otherwise de-
scribed in subsection (d)): 
(A) Federal lands within the National 
Landscape Conservation System as of January 
1, 2013. 
(B) Federal lands designated as Areas of 
Critical Environmental Concern as of January 
1, 2013. 
(C) Federal lands that were in the Na-
tional Wilderness Preservation System as of 
January 1, 2013. 
(D) Federal lands included in the National 
Wild and Scenic Rivers System of January 1, 
2013. 
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(E) Federal lands within the boundaries of 
a national monument, park, or other developed 
recreation area as of January 1, 2013. 
(F) Oregon treasures addressed in subtitle 
C, any portion of which, as of January 1, 2013, 
consists of Oregon and California Railroad 
Grant lands or O&C Region Public Domain 
lands. 
(G) Tribal lands addressed in subtitle D. 
(d) COVERED STANDS OF TIMBER.— 
(1) DESCRIPTION.—The O&C Trust lands con-
sist of stands of timber that have previously been 
managed for timber production or that have been 
materially altered by natural disturbances since 
1886. Most of these stands of timber are 80 years 
old or less, and all of such stands can be classified 
as having a predominant stand age of 125 years or 
less. 
(2) DELINEATION OF BOUNDARIES BY BUREAU 
OF
LAND
MANAGEMENT.—The Oregon and Cali-
fornia Railroad Grant lands and O&C Region Public 
Domain lands that, immediately before transfer to 
the O&C Trust, were managed by the Bureau of 
Land Management are timber stands that have pre-
dominant birth date attributes of 1886 or later, with 
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boundaries that are defined by polygon spatial data 
layer in and electronic data compilation filed by the 
Bureau of Land Management pursuant to paragraph 
(4). Except as provided in paragraph (5), the bound-
aries of all timber stands constituting the O&C 
Trust lands are finally and conclusively determined 
for all purposes by coordinates in or derived by ref-
erence to the polygon spatial data layer prepared by 
the Bureau of Land Management and filed pursuant 
to paragraph (4), notwithstanding anomalies that 
might later be discovered on the ground. The bound-
ary coordinates are locatable on the ground by use 
of global positioning system signals. In cases where 
the location of the stand boundary is disputed or is 
inconsistent with paragraph (1), the location of 
boundary coordinates on the ground shall be, except 
as otherwise provided in paragraph (5), finally and 
conclusively determined for all purposes by the direct 
or indirect use of global positioning system equip-
ment with accuracy specification of one meter or 
less. 
(3) DELINEATION OF BOUNDARIES BY FOREST 
SERVICE.—The O&C Trust lands that, immediately 
before transfer to the O&C Trust, were managed by 
the Forest Service are timber stands that can be 
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classified as having predominant stand ages of 125 
years old or less. Within 30 days after the date of 
the enactment of this Act, the Secretary of Agri-
culture shall commence identification of the bound-
aries of such stands, and the boundaries of all such 
stands shall be identified and made available to the 
Board of Trustees not later than 180 days following 
the creation of the O&C Trust pursuant to sub-
section (a). In identifying the stand boundaries, the 
Secretary may use geographic information system 
data, satellite imagery, cadastral survey coordinates, 
or any other means available within the time al-
lowed. The boundaries shall be provided to the 
Board of Trustees within the time allowed in the 
form of a spatial data layer from which coordinates 
can be derived that are locatable on the ground by 
use of global positioning system signals. Except as 
provided in paragraph (5), the boundaries of all tim-
ber stands constituting the O&C Trust lands are fi-
nally and conclusively determined for all purposes by 
coordinates in or derived by reference to the data 
provided by the Secretary within the time provided 
by this paragraph, notwithstanding anomalies that 
might later be discovered on the ground. In cases 
where the location of the stand boundary is disputed 
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or inconsistent with paragraph (1), the location of 
boundary coordinates on the ground shall be, except 
as otherwise provided in paragraph (5), finally and 
conclusively determined for all purposes by the 
boundary coordinates provided by the Secretary as 
they are located on the ground by the direct or indi-
rect use of global positioning system equipment with 
accuracy specifications of one meter or less. All ac-
tions taken by the Secretary under this paragraph 
shall be deemed to not involve Federal agency action 
or Federal discretionary involvement or control. 
(4) DATA AND MAPS.—Copies of the data con-
taining boundary coordinates for the stands included 
in the O&C Trust lands, or from which such coordi-
nates are derived, and maps generally depicting the 
stand locations shall be filed with the Committee on 
Energy and Natural Resources of the Senate, the 
Committee on Natural Resources of the House of 
Representatives, and the office of the Secretary con-
cerned. The maps and data shall be filed— 
(A) not later than 90 days after the date 
of the enactment of this Act, in the case of the 
lands identified pursuant to paragraph (2); and 
(B) not later than 180 days following the 
creation of the O&C Trust pursuant to sub-
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section (a), in the case of lands identified pur-
suant to paragraph (3). 
(5) ADJUSTMENT
AUTHORITY
AND
LIMITA-
TIONS.— 
(A) NO IMPACT ON DETERMINING TITLE 
OR
PROPERTY
OWNERSHIP
BOUNDARIES.— 
Stand boundaries identified under paragraph 
(2) or (3) shall not be relied upon for purposes 
of determining title or property ownership 
boundaries. If the boundary of a stand identi-
fied under paragraph (2) or (3) extends beyond 
the property ownership boundaries of Oregon 
and California Railroad Grant lands or O&C 
Region Public Domain lands, as such property 
boundaries exist on the date of enactment of 
this Act, then that stand boundary is deemed 
adjusted by this subparagraph to coincide with 
the property ownership boundary. 
(B) EFFECT OF DATA ERRORS OR INCON-
SISTENCIES.—Data errors or inconsistencies 
may result in parcels of land along property 
ownership boundaries that are unintentionally 
omitted from the O&C Trust lands that are 
identified under paragraph (2) or (3). In order 
to correct such errors, any parcel of land that 
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satisfies all of the following criteria is hereby 
deemed to be O&C Trust land: 
(i) The parcel is within the ownership 
boundaries of Oregon and California Rail-
road Grant lands or O&C Region Public 
Domain lands on the date of the enact-
ment of this Act. 
(ii) The parcel satisfies the description 
in paragraph (1) on the date of enactment 
of this Act. 
(iii) The parcel is not excluded from 
the O&C Trust lands pursuant to sub-
section (c)(2). 
(C) NO IMPACT ON LAND EXCHANGE AU-
THORITY.—Nothing in this subsection is in-
tended to limit the authority of the Trust and 
the Forest Service to engage in land exchanges 
between themselves or with owners of non-Fed-
eral land as provided elsewhere in this title. 
SEC. 312. LEGAL EFFECT OF O&C TRUST AND JUDICIAL RE-
VIEW. 
(a) LEGAL STATUS OF TRUST LANDS.—Subject to 
the other provisions of this section, all right, title, and in-
terest in and to the O&C Trust lands remain in the United 
States, except that— 
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(1) the Board of Trustees shall have all author-
ity to manage the surface estate of the O&C Trust 
lands and the resources found thereon; 
(2) actions on the O&C Trust lands shall be 
deemed to involve no Federal agency action or Fed-
eral discretionary involvement or control and the 
laws of the State shall apply to the surface estate of 
the O&C Trust lands in the manner applicable to 
privately owned timberlands in the State; and 
(3) the O&C Trust shall be treated as the bene-
ficial owner of the surface estate of the O&C Trust 
lands for purposes of all legal proceedings involving 
the O&C Trust lands. 
(b) MINERALS.— 
(1) IN
GENERAL.—Mineral and other sub-
surface rights in the O&C Trust lands are retained 
by the United States or other owner of such rights 
as of the date on which management authority over 
the surface estate of the lands are transferred to the 
O&C Trust. 
(2) ROCK AND GRAVEL.— 
(A) USE
AUTHORIZED; 
PURPOSE.—For 
maintenance or construction on the road system 
under the control of the O&C Trust or for non- 
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Federal lands intermingled with O&C Trust 
lands, the Board of Trustees may— 
(i) utilize rock or gravel found within 
quarries in existence immediately before 
the date of the enactment of this Act on 
any Oregon and California Railroad Grant 
lands and O&C Region Public Domain 
lands, excluding those lands designated 
under subtitle C or transferred under sub-
title D; and 
(ii) construct new quarries on O&C 
Trust lands, except that any quarry so 
constructed may not exceed 5 acres. 
(B) EXCEPTION.—The Board of Trustees 
shall not construct new quarries on any of the 
lands transferred to the Forest Service under 
section 321 or lands designated under subtitle 
D. 
(c) ROADS.— 
(1) IN GENERAL.—Except as provided in sub-
section (b), the Board of Trustees shall assume au-
thority and responsibility over, and have authority to 
use, all roads and the road system specified in the 
following subparagraphs: 
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(A) All roads and road systems on the Or-
egon and California Railroad and Grant lands 
and O&C Region Public Domain lands owned or 
administered by the Bureau of Land Manage-
ment immediately before the date of the enact-
ment of this Act, except that the Secretary of 
Agriculture shall assume the Secretary of Inte-
rior’s obligations for pro-rata maintenance ex-
pense and road use fees under reciprocal right- 
of-way agreements for those lands transferred 
to the Forest Service under section 321. All of 
the lands transferred to the Forest Service 
under section 321 shall be considered as part of 
the tributary area used to calculate pro-rata 
maintenance expense and road use fees. 
(B) All roads and road systems owned or 
administered by the Forest Service immediately 
before the date of the enactment of this Act 
and subsequently included within the bound-
aries of the O&C Trust lands. 
(C) All roads later added to the road sys-
tem for management of the O&C Trust lands. 
(2) LANDS
TRANSFERRED
TO
FOREST
SERV-
ICE.—The Secretary of Agriculture shall assume the 
obligations of the Secretary of Interior for pro-rata 
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maintenance expense and road use fees under recip-
rocal rights-of-way agreements for those Oregon and 
California Railroad Grant lands or O&C Region 
Public Domain lands transferred to the Forest Serv-
ice under section 321. 
(3) COMPLIANCE WITH CLEAN WATER ACT.— 
All roads used, constructed, or reconstructed under 
the jurisdiction of the O&C Trust must comply with 
requirements of the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) applicable to private 
lands through the use of Best Management Prac-
tices under the Oregon Forest Practices Act. 
(d) PUBLIC ACCESS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
public access to O&C Trust lands shall be preserved 
consistent with the policies of the Secretary con-
cerned applicable to the O&C Trust lands as of the 
date on which management authority over the sur-
face estate of the lands is transferred to the O&C 
Trust. 
(2) RESTRICTIONS.—The Board of Trustees 
may limit or control public access for reasons of 
public safety or to protect the resources on the O&C 
Trust lands. 
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(e) LIMITATIONS.—The assets of the O&C Trust 
shall not be subject to the creditors of an O&C Trust coun-
ty, or otherwise be distributed in an unprotected manner 
or be subject to anticipation, encumbrance, or expenditure 
other than for a purpose for which the O&C Trust was 
created. 
(f) REMEDY.—An O&C Trust county shall have all 
of the rights and remedies that would normally accrue to 
a beneficiary of a trust. An O&C Trust county shall pro-
vide the Board of Trustees, the Secretary concerned, and 
the Attorney General with not less than 60 days notice 
of an intent to sue to enforce the O&C Trust county’s 
rights under the O&C Trust. 
(g) JUDICIAL REVIEW.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), judicial review of any provision of this 
title shall be sought in the United States Court of 
Appeals for the District of Columbia Circuit. Parties 
seeking judicial review of the validity of any provi-
sion of this title must file suit within 90 days after 
the date of the enactment of this Act and no pre-
liminary injunctive relief or stays pending appeal will 
be permitted. If multiple cases are filed under this 
paragraph, the Court shall consolidate the cases. 
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The Court must rule on any action brought under 
this paragraph within 180 days. 
(2) DECISIONS OF BOARD OF TRUSTEES.—De-
cisions made by the Board of Trustees shall be sub-
ject to judicial review only in an action brought by 
an O&C County, except that nothing in this title 
precludes bringing a legal claim against the Board 
of Trustees that could be brought against a private 
landowner for the same action. 
SEC. 313. BOARD OF TRUSTEES. 
(a) APPOINTMENT AUTHORIZATION.—Subject to the 
conditions on appointment imposed by this section, the 
Governor is authorized to appoint the Board of Trustees 
to administer the O&C Trust and O&C Trust lands. Ap-
pointments by the Governor shall be made within 60 days 
after the date of the enactment of this Act. 
(b) MEMBERS AND ELIGIBILITY.— 
(1) NUMBER.—Subject to subsection (c), the 
Board of Trustees shall consist of seven members. 
(2) RESIDENCY
REQUIREMENT.—Members of 
the Board of Trustees must reside within an O&C 
Trust county. 
(3) GEOGRAPHICAL REPRESENTATION.—To the 
extent practicable, the Governor shall ensure broad 
geographic representation among the O&C Trust 
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counties in appointing members to the Board of 
Trustees. 
(c) COMPOSITION.—The Board of Trustees shall in-
clude the following members: 
(1)(A) Two forestry and wood products rep-
resentatives, consisting of— 
(i) one member who represents the com-
mercial timber, wood products, or milling indus-
tries and who represents an Oregon-based com-
pany with more than 500 employees, taking 
into account its affiliates, that has submitted a 
bid for a timber sale on the Oregon and Cali-
fornia Railroad Grant lands, O&C Region Pub-
lic Domain lands, Coos Bay Wagon Road Grant 
lands, or O&C Trust lands in the preceding five 
years; and 
(ii) one member who represents the com-
mercial wood products or milling industries and 
who represents an Oregon-based company with 
500 or fewer employees, taking into account its 
affiliates, that has submitted a bid for a timber 
sale on the Oregon and California Railroad 
Grant lands, O&C Region Public Domain lands, 
Coos Bay Wagon Road Grant lands, or O&C 
Trust lands in the preceding five years. 
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(B) At least one of the two representatives se-
lected in this paragraph must own commercial forest 
land that is adjacent to the O&C Trust lands and 
from which the representative has not exported un-
processed timber in the preceding five years. 
(2) One representative of the general public 
who has professional experience in one or more of 
the following fields: 
(A) Business management. 
(B) Law. 
(C) Accounting. 
(D) Banking. 
(E) Labor management. 
(F) Transportation. 
(G) Engineering. 
(H) Public policy. 
(3) One representative of the science commu-
nity who, at a minimum, holds a Doctor of Philos-
ophy degree in wildlife biology, forestry, ecology, or 
related field and has published peer-reviewed aca-
demic articles in the representative’s field of exper-
tise. 
(4) Three governmental representatives, con-
sisting of— 
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(A) two members who are serving county 
commissioners of an O&C Trust county and 
who are nominated by the governing bodies of 
a majority of the O&C Trust counties and ap-
proved by the Governor, except that the two 
representatives may not be from the same coun-
ty; and 
(B) one member who holds State-wide 
elected office (or is a designee of such a person) 
or who represents a federally recognized Indian 
tribe or tribes within one or more O&C Trust 
counties. 
(d) TERM, INITIAL APPOINTMENT, VACANCIES.— 
(1) TERM.—Except in the case of initial ap-
pointments, members of the Board of Trustees shall 
serve for five-year terms and may be reappointed for 
one consecutive term. 
(2) INITIAL
APPOINTMENTS.—In making the 
first appointments to the Board of Trustees, the 
Governor shall stagger initial appointment lengths so 
that two members have three-year terms, two mem-
bers have four-year terms, and three members have 
a full five-year term. 
(3) VACANCIES.—Any vacancy on the Board of 
Trustees shall be filled within 45 days by the Gov-
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ernor for the unexpired term of the departing mem-
ber. 
(4) 
BOARD
OF
TRUSTEES
MANAGEMENT 
COSTS.—Members of the Board of Trustees may re-
ceive annual compensation from the O&C Trust at 
a rate not to exceed 50 percent of the average an-
nual salary for commissioners of the O&C Trust 
counties for that year. 
(e) CHAIRPERSON AND OPERATIONS.— 
(1) CHAIRPERSON.—A majority of the Board of 
Trustees shall select the chairperson for the Board 
of Trustees each year. 
(2) MEETINGS.—The Board of Trustees shall 
establish proceedings to carry out its duties. The 
Board shall meet at least quarterly. Except for 
meetings substantially involving personnel and con-
tractual decisions, all meetings of the Board shall 
comply with the public meetings law of the State. 
(f) QUORUM AND DECISION-MAKING.— 
(1) QUORUM.—A quorum shall consist of five 
members of the Board of Trustees. The presence of 
a quorum is required to constitute an official meet-
ing of the board of trustees to satisfy the meeting 
requirement under subsection (e)(2). 
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(2) DECISIONS.—All actions and decisions by 
the Board of Trustees shall require approval by a 
majority of members. 
(g) ANNUAL AUDIT.—Financial statements regard-
ing operation of the O&C Trust shall be independently 
prepared and audited annually for review by the O&C 
Trust counties, Congress, and the State. 
SEC. 314. MANAGEMENT OF O&C TRUST LANDS. 
(a) IN GENERAL.—Except as otherwise provided in 
this title, the O&C Trust lands will be managed by the 
Board of Trustees in compliance with all Federal and 
State laws in the same manner as such laws apply to pri-
vate forest lands. 
(b) TIMBER SALE PLANS.—The Board of Trustees 
shall approve and periodically update management and 
sale plans for the O&C Trust lands consistent with the 
purpose specified in section 311(b). The Board of Trust-
ees may defer sale plans during periods of depressed tim-
ber markets if the Board of Trustees, in its discretion, 
determines that such delay until markets improve is finan-
cially prudent and in keeping with its fiduciary obligation 
to the O&C Trust counties. 
(c) STAND ROTATION.— 
(1) 100–120 YEAR ROTATION.—The Board of 
Trustees shall manage not less than 50 percent of 
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the harvestable acres of the O&C Trust lands on a 
100–120 year rotation. The acreage subject to 100– 
120 year management shall be geographically dis-
persed across the O&C Trust lands in a manner that 
the Board of Trustees, in its discretion, determines 
will contribute to aquatic and terrestrial ecosystem 
values. 
(2) BALANCE.—The balance of the harvestable 
acreage of the O&C Trust lands shall be managed 
on any rotation age the Board of Trustees, in its 
discretion and in compliance with applicable State 
law, determines will best satisfy its fiduciary obliga-
tion to provide revenue to the O&C Trust counties. 
(3) THINNING.—Nothing in this subsection is 
intended to limit the ability of the Board of Trustees 
to decide, in its discretion, to thin stands of timber 
on O&C Trust lands. 
(d) SALE TERMS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the Board of Trustees is authorized to es-
tablish the terms for sale contracts of timber or 
other forest products from O&C Trust lands. 
(2) SET ASIDE.—The Board of Trustees shall 
establish a program consistent with the program of 
the Bureau of Land Management under a March 10, 
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1959 Memorandum of Understanding, as amended, 
regarding calculation of shares and sale of timber 
set aside for purchase by business entities with 500 
or fewer employees and consistent with the regula-
tions in part 121 of title 13, Code of Federal Regu-
lations applicable to timber sale set asides, except 
that existing shares in effect on the date of enact-
ment of this Act shall apply until the next scheduled 
recomputation of shares. In implementing its pro-
gram that is consistent with such Memorandum of 
Understanding, the Board of Trustees shall utilize 
the Timber Sale Procedure Handbook and other ap-
plicable procedures of the Bureau of Land Manage-
ment, including the Operating Procedures for Con-
ducting the Five-Year Recomputation of Small Busi-
ness Share Percentages in effect on January 1, 
2013. 
(3) COMPETITIVE
BIDDING.—The Board of 
Trustees must sell timber on a competitive bid basis. 
No less than 50 percent of the total volume of tim-
ber sold by the Board of Trustees each year shall be 
sold by oral bidding consistent with practices of the 
Bureau of Land Management as of January 1, 
2013. 
(e) PROHIBITION ON EXPORT.— 
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(1) IN GENERAL.—As a condition on the sale of 
timber or other forest products from O&C Trust 
lands, unprocessed timber harvested from O&C 
Trust lands may not be exported. 
(2) VIOLATIONS.—Any person who knowingly 
exports unprocessed timber harvested from O&C 
Trust lands, who knowingly provides such unproc-
essed timber for export by another person, or know-
ingly sells timber harvested from O&C Trust lands 
to a person who is disqualified from purchasing tim-
ber from such lands pursuant to this section shall be 
disqualified from purchasing timber or other forest 
products from O&C Trust lands or from Federal 
lands administered under this subtitle. Any person 
who uses unprocessed timber harvested from O&C 
Trust lands in substitution for exported unprocessed 
timber originating from private lands shall be dis-
qualified from purchasing timber or other forest 
products from O&C Trust lands or from Federal 
lands administered under this subtitle. 
(3) UNPROCESSED TIMBER DEFINED.—In this 
subsection, the term ‘‘unprocessed timber’’ has the 
meaning given such term in section 493(9) of the 
Forest Resources Conservation and Shortage Relief 
Act of 1990 (16 U.S.C. 620e(9)). 
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(f) INTEGRATED PEST, DISEASE, AND WEED MAN-
AGEMENT PLAN.—The Board of Trustees shall develop an 
integrated pest and vegetation management plan to assist 
forest managers in prioritizing and minimizing the use of 
pesticides and herbicides approved by the Environmental 
Protection Agency and used in compliance with the Or-
egon Forest Practices Act. The plan shall optimize the 
ability of the O&C Trust to re-establish forest stands after 
harvest in compliance with the Oregon Forest Practices 
Act and to create diverse early seral stage forests. The 
plan shall allow for the eradication, containment and sup-
pression of disease, pests, weeds and noxious plants, and 
invasive species as found on the State Noxious Weed List 
and prioritize ground application of herbicides and pes-
ticides to the greatest extent practicable. The plan shall 
be completed before the start of the second year of the 
transition period. The planning process shall be open to 
the public and the Board of Trustees shall hold not less 
than two public hearings on the proposed plan before final 
adoption. 
(g) ACCESS TO LANDS TRANSFERRED TO FOREST 
SERVICE.—Persons acting on behalf of the O&C Trust 
shall have a right of timely access over lands transferred 
to the Forest Service under section 321 and Tribal lands 
transferred under subtitle D as is reasonably necessary for 
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the Board of Trustees to carry out its management activi-
ties with regard to the O&C Trust lands and the O&C 
Trust to satisfy its fiduciary duties to O&C counties. 
(h) HARVEST AREA TREE
AND RETENTION RE-
QUIREMENTS.— 
(1) IN GENERAL.—The O&C Trust lands shall 
include harvest area tree and retention requirements 
consistent with State law. 
(2) USE OF OLD GROWTH DEFINITION.—To the 
greatest extent practicable, and at the discretion of 
the Board of Trustees, old growth, as defined by the 
Old Growth Review Panel created by section 324, 
shall be used to meet the retention requirements ap-
plicable under paragraph (1). 
(i) RIPARIAN AREA MANAGEMENT.— 
(1) IN GENERAL.—The O&C Trust lands shall 
be managed with timber harvesting limited in ripar-
ian areas as follows: 
(A) 
STREAMS.—For 
all 
fish 
bearing 
streams and all perennial non-fish-bearing 
streams, there shall be no removal of timber 
within a distance equal to the height of one site 
potential tree on both sides of the stream chan-
nel. For intermittent, non-fish-bearing streams, 
there shall be no removal of timber within a 
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distance equal to one-half the height of a site 
potential tree on both sides of the stream chan-
nel. For purposes of this subparagraph, the 
stream channel boundaries are the lines of ordi-
nary high water. 
(B) LARGER
LAKES, PONDS
AND
RES-
ERVOIRS.—For all lakes, ponds, and reservoirs 
with surface area larger than one quarter of 
one acre, there shall be no removal of timber 
within a distance equal to the height of one site 
potential tree from the line of ordinary high 
water of the water body. 
(C) SMALL
PONDS
AND
NATURAL
WET-
LANDS, SPRINGS
AND
SEEPS.—For all ponds 
with surface area one quarter acre or less, and 
for all natural wetlands, springs and seeps, 
there shall be no removal of timber within the 
area dominated by riparian vegetation. 
(2) MEASUREMENTS.—For purposes of para-
graph (1), all distances shall be measured along 
slopes, and all site potential tree heights shall be av-
erage height at maturity of the dominant species of 
conifer determined at a scale no finer than the appli-
cable fifth field watershed. 
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(3) RULES
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall be construed— 
(A) to prohibit the falling or placement of 
timber into streams to create large woody de-
bris for the benefit of aquatic ecosystems; or 
(B) to prohibit the falling of trees within 
riparian areas as may be reasonably necessary 
for safety or operational reasons in areas adja-
cent to the riparian areas, or for road construc-
tion or maintenance pursuant to section 
312(c)(3). 
(j) FIRE
PROTECTION
AND
EMERGENCY
RE-
SPONSE.— 
(1) RECIPROCAL
FIRE
PROTECTION
AGREE-
MENTS.— 
(A) CONTINUATION
OF
AGREEMENTS.— 
Subject to subparagraphs (B), (C), and (D), 
any reciprocal fire protection agreement be-
tween the State or any other entity and the 
Secretary concerned with regard to Oregon and 
California Railroad Grant lands and O&C Re-
gion Public Domain lands in effect on the date 
of the enactment of this Act shall remain in 
place for a period of ten years after such date 
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unless earlier terminated by the State or other 
entity. 
(B) ASSUMPTION OF BLM RIGHTS AND DU-
TIES.—The Board of Trustees shall exercise the 
rights and duties of the Bureau of Land Man-
agement under the agreements described in 
subparagraph (A), except as such rights and 
duties might apply to Tribal lands under sub-
title D. 
(C) EFFECT OF EXPIRATION OF PERIOD.— 
Following the expiration of the ten-year period 
under subparagraph (A), the Board of Trustees 
shall continue to provide for fire protection of 
the Oregon and California Railroad Grant lands 
and O&C Region Public Domain lands, includ-
ing those transferred to the Forest Service 
under section 331, through continuation of the 
reciprocal fire protection agreements, new coop-
erative agreements, or by any means otherwise 
permitted by law. The means selected shall be 
based on the review by the Board of Trustees 
of whether the reciprocal fire protection agree-
ments were effective in protecting the lands 
from fire. 
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(D) EMERGENCY RESPONSE.—Nothing in 
this paragraph shall prevent the Secretary of 
Agriculture from an emergency response to a 
fire on the O&C Trust lands or lands trans-
ferred to the Forest Service under section 321. 
(2) EMERGENCY RESPONSE TO FIRE.—Subject 
to paragraph (1), if the Secretary of Agriculture de-
termines that fire on any of the lands transferred 
under section 321 is burning uncontrolled or the 
Secretary, the Board of Trustees, or contracted 
party does not have readily and immediately avail-
able personnel and equipment to control or extin-
guish the fire, the Secretary, or any forest protective 
association or agency under contract or agreement 
with the Secretary or the Board of Trustees for the 
protection of forestland against fire, shall summarily 
and aggressively abate the nuisance thus controlling 
and extinguishing the fire. 
(k) NORTHERN SPOTTED OWL.—So long as the O&C 
Trust maintains the 100–120 year rotation on 50 percent 
of the harvestable acres required in subsection (c), the sec-
tion 321 lands representing the best quality habitat for 
the owl are transferred to the Forest Service, and the O&C 
Trust protects currently occupied northern spotted owl 
nest sites consistent with the forest practices in the Or-
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egon Forest Practices Act, management of the O&C Trust 
land by the Board of Trustees shall be considered to com-
ply with section 9 of Public Law 93–205 (16 U.S.C. 1538) 
for the northern spotted owl. A currently occupied north-
ern spotted owl nest site shall be considered abandoned 
if there are no northern spotted owl responses following 
three consecutive years of surveys using the Protocol for 
Surveying Management Activities that May Impact North-
ern Spotted Owls dated February 2, 2013. 
SEC. 315. DISTRIBUTION OF REVENUES FROM O&C TRUST 
LANDS. 
(a) ANNUAL DISTRIBUTION OF REVENUES.— 
(1) TIME FOR DISTRIBUTION; USE.—Payments 
to each O&C Trust county shall be made available 
to the general fund of the O&C Trust county as soon 
as practicable following the end of each fiscal year, 
to be used as are other unrestricted county funds. 
(2) AMOUNT.—The amount paid to an O&C 
Trust county in relation to the total distributed to 
all O&C Trust counties for a fiscal year shall be 
based on the proportion that the total assessed value 
of the Oregon and California Railroad Grant lands 
in each of the O&C Trust counties for fiscal year 
1915 bears to the total assessed value of all of the 
Oregon and California Railroad Grant lands in the 
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State for that same fiscal year. However, for the 
purposes of this subsection the portion of the re-
vested Oregon and California Railroad Grant lands 
in each of the O&C Trust counties that was not as-
sessed for fiscal year 1915 shall be deemed to have 
been assessed at the average assessed value of the 
Oregon and California Railroad Grant lands in the 
county. 
(3) LIMITATION.—After the fifth payment made 
under this subsection, the payment to an O&C Trust 
county for a fiscal year shall not exceed 110 percent 
of the previous year’s payment to the O&C Trust 
county, adjusted for inflation based on the consumer 
price index applicable to the geographic area in 
which the O&C Trust counties are located. 
(b) RESERVE FUND.— 
(1) ESTABLISHMENT OF RESERVE FUND.—The 
Board of Trustees shall generate and maintain a re-
serve fund. 
(2) DEPOSITS TO RESERVE FUND.—Within 10 
years after creation of the O&C Trust or as soon 
thereafter as is practicable, the Board of Trustees 
shall establish and seek to maintain an annual bal-
ance of $125,000,000 in the Reserve Fund, to be de-
rived from revenues generated from management ac-
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tivities involving O&C Trust lands. All annual reve-
nues generated in excess of operating costs and pay-
ments to O&C Trust counties required by subsection 
(a) and payments into the Conservation Fund as 
provided in subsection (c) shall be deposited in the 
Reserve Fund. 
(3) EXPENDITURES
FROM
RESERVE
FUND.— 
The Board of Trustees shall use amounts in the Re-
serve Fund only— 
(A) to pay management and administrative 
expenses or capital improvement costs on O&C 
Trust lands; and 
(B) to make payments to O&C Trust coun-
ties when payments to the counties under sub-
section (a) are projected to be 90 percent or 
less of the previous year’s payments. 
(c) O&C TRUST CONSERVATION FUND.— 
(1) 
ESTABLISHMENT
OF
CONSERVATION 
FUND.—The Board of Trustees shall use a portion 
of revenues generated from activity on the O&C 
Trust lands, consistent with paragraph (2), to estab-
lish and maintain a O&C Trust Conservation Fund. 
The O&C Trust Conservation Fund shall include no 
Federal appropriations. 
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(2) REVENUES.—Following the transition pe-
riod, five percent of the O&C Trust’s annual net op-
erating revenue, after deduction of all management 
costs and expenses, including the payment required 
under section 317, shall be deposited to the O&C 
Trust Conservation Fund. 
(3) 
EXPENDITURES
FROM
CONSERVATION 
FUND.—The Board of Trustees shall use amounts 
from the O&C Trust Conservation Fund only— 
(A) to fund the voluntary acquisition of 
conservation easements from willing private 
landowners in the State; 
(B) to fund watershed restoration, remedi-
ation and enhancement projects within the 
State; or 
(C) to contribute to balancing values in a 
land exchange with willing private landowners 
proposed under section 323(b), if the land ex-
change will result in a net increase in ecosystem 
benefits for fish, wildlife, or rare native plants. 
SEC. 316. LAND EXCHANGE AUTHORITY. 
(a) AUTHORITY.—Subject to approval by the Sec-
retary concerned, the Board of Trustees may negotiate 
proposals for land exchanges with owners of lands adja-
cent to O&C Trust lands in order to create larger contig-
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uous blocks of land under management by the O&C Trust 
to facilitate resource management, to improve conserva-
tion value of such lands, or to improve the efficiency of 
management of such lands. 
(b) APPROVAL
REQUIRED; CRITERIA.—The Sec-
retary concerned may approve a land exchange proposed 
by the Board of Trustees administratively if the exchange 
meets the following criteria: 
(1) The non-Federal lands are completely with-
in the State. 
(2) The non-Federal lands have high timber 
production value, or are necessary for more efficient 
or effective management of adjacent or nearby O&C 
Trust lands. 
(3) The non-Federal lands have equal or great-
er value to the O&C Trust lands proposed for ex-
change. 
(4) The proposed exchange is reasonably likely 
to increase the net income to the O&C Trust coun-
ties over the next 20 years and not decrease the net 
income to the O&C Trust counties over the next 10 
years. 
(c) ACREAGE LIMITATION.—The Secretary concerned 
shall not approve land exchanges under this section that, 
taken together with all previous exchanges involving the 
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O&C Trust lands, have the effect of reducing the total 
acreage of the O&C Trust lands by more than five percent 
from the total acreage to be designated as O&C Trust land 
under section 311(c)(1). 
(d) INAPPLICABILITY OF CERTAIN LAWS.—Section 3 
of the Oregon Public Lands Transfer and Protection Act 
of 1998 (Public Law 105–321; 112 Stat. 3022), the 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. 
(e) EXCHANGES WITH FOREST SERVICE.— 
(1) EXCHANGES AUTHORIZED.—The Board of 
Trustees is authorized to engage in land exchanges 
with the Forest Service if approved by the Secretary 
pursuant to section 323(c). 
(2) MANAGEMENT
OF
EXCHANGED
LANDS.— 
Following completion of a land exchange under para-
graph (1), the management requirements applicable 
to the newly acquired lands by the O&C Trust or the 
Forest Service shall be the same requirements under 
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this subtitle applicable to the other lands that are 
managed by the O&C Board or the Forest Service. 
SEC. 317. PAYMENTS TO THE UNITED STATES TREASURY. 
As soon as practicable after the end of the third fiscal 
year of the transition period and in each of the subsequent 
seven fiscal years, the O&C Trust shall submit a payment 
of $10,000,000 to the United States Treasury. 
CHAPTER 2—TRANSFER OF CERTAIN 
LANDS TO FOREST SERVICE 
SEC. 321. TRANSFER OF CERTAIN OREGON AND CALI-
FORNIA RAILROAD GRANT LANDS TO FOREST 
SERVICE. 
(a) TRANSFER REQUIRED.—The Secretary of the In-
terior shall transfer administrative jurisdiction over all Or-
egon and California Railroad Grant lands and O&C Re-
gion Public Domain lands not designated as O&C Trust 
lands by subparagraphs (A) through (F) of section 
311(c)(1), including those lands excluded by section 
311(c)(2), to the Secretary of Agriculture for inclusion in 
the National Forest System and administration by the 
Forest Service as provided in section 322. 
(b) EXCEPTION.—This section does not apply to 
Tribal lands transferred under subtitle D. 
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SEC. 322. MANAGEMENT OF TRANSFERRED LANDS BY FOR-
EST SERVICE. 
(a) ASSIGNMENT
TO EXISTING NATIONAL FOR-
ESTS.—To the greatest extent practicable, management 
responsibilities for the lands transferred under section 321 
shall be assigned to the unit of the National Forest Sys-
tem geographically closest to the transferred lands. The 
Secretary of Agriculture shall have ultimate decision-mak-
ing authority, but shall assign the transferred lands to a 
unit not later than the applicable transfer date provided 
in the transition period. 
(b) APPLICATION OF NORTHWEST FOREST PLAN.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the lands transferred under section 321 
shall be managed under the Northwest Forest Plan 
and shall retain Northwest Forest Plan land use 
designations until or unless changed in the manner 
provided by Federal laws applicable to the adminis-
tration and management of the National Forest Sys-
tem. 
(2) EXCEPTION
FOR
CERTAIN
DESIGNATED 
LANDS.—The lands excluded from the O&C Trust by 
subparagraphs (A) through (F) of section 311(c)(2) 
and transferred to the Forest Service under section 
321 shall be managed as provided by Federal laws 
applicable to the lands. 
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(c) PROTECTION OF OLD GROWTH.—Old growth, as 
defined by the Old Growth Review Panel pursuant to rule-
making conducted in accordance with section 553 of title 
5, United States Code, shall not be harvested by the For-
est Service on lands transferred under section 321. 
(d) EMERGENCY RESPONSE TO FIRE.—Subject to 
section 314(i), if the Secretary of Agriculture determines 
that fire on any of the lands transferred under section 321 
is burning uncontrolled or the Secretary or contracted 
party does not have readily and immediately available per-
sonnel and equipment to control or extinguish the fire, the 
Secretary, or any forest protective association or agency 
under contract or agreement with the Secretary for the 
protection of forestland against fire, and within whose pro-
tection area the fire exists, shall summarily and aggres-
sively abate the nuisance thus controlling and extin-
guishing the fire. 
SEC. 323. MANAGEMENT EFFICIENCIES AND EXPEDITED 
LAND EXCHANGES. 
(a) LAND EXCHANGE AUTHORITY.—The Secretary 
of Agriculture may conduct land exchanges involving lands 
transferred under section 321, other than the lands ex-
cluded from the O&C Trust by subparagraphs (A) through 
(F) of section 311(c)(2), in order create larger contiguous 
blocks of land under management of the Secretary to fa-
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cilitate resource management, to improve conservation 
value of such lands, or to improve the efficiency of man-
agement of such lands. 
(b) CRITERIA FOR EXCHANGES WITH NON-FEDERAL 
OWNERS.—The Secretary of Agriculture may conduct a 
land exchange administratively under this section with a 
non-Federal owner (other than the O&C Trust) if the land 
exchange meets the following criteria: 
(1) The non-Federal lands are completely with-
in the State. 
(2) The non-Federal lands have high wildlife 
conservation or recreation value or the exchange is 
necessary to increase management efficiencies of 
lands administered by the Forest Service for the 
purposes of the National Forest System. 
(3) The non-Federal lands have equal or great-
er value to the Federal lands purposed for exchange 
or a balance of values can be achieved— 
(A) with a grant of funds provided by the 
O&C Trust pursuant to section 315(c); or 
(B) from other sources. 
(c) CRITERIA FOR EXCHANGES WITH O&C TRUST.— 
The Secretary of Agriculture may conduct land exchanges 
with the Board of Trustees administratively under this 
subsection, and such an exchange shall be deemed to not 
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involve any Federal action or Federal discretionary in-
volvement or control if the land exchange with the O&C 
Trust meets the following criteria: 
(1) The O&C Trust lands to be exchanged have 
high wildlife value or ecological value or the ex-
change would facilitate resource management or oth-
erwise contribute to the management efficiency of 
the lands administered by the Forest Service. 
(2) The exchange is requested or approved by 
the Board of Trustees for the O&C Trust and will 
not impair the ability of the Board of Trustees to 
meet its fiduciary responsibilities. 
(3) The lands to be exchanged by the Forest 
Service do not contain stands of timber meeting the 
definition of old growth established by the Old 
Growth Review Panel pursuant to section 324. 
(4) The lands to be exchanged are equal in 
acreage. 
(d) ACREAGE LIMITATION.—The Secretary of Agri-
culture shall not approve land exchanges under this sec-
tion that, taken together with all previous exchanges in-
volving the lands described in subsection (a), have the ef-
fect of reducing the total acreage of such lands by more 
than five percent from the total acreage originally trans-
ferred to the Secretary. 
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100 
HR 1526 RFS
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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HR 1526 RFS
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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135 
HR 1526 RFS
277; 16 U.S.C. 2104 note) is amended by striking ‘‘2013’’ 
and inserting ‘‘2017’’. 
(b) DURATION OF CONTRACTS.—Section 347(c)(2) of 
the Department of the Interior and Related Agencies Ap-
propriations Act, 1999 (as contained in section 101(e) of 
division A of Public Law 105–277; 16 U.S.C. 2104 note) 
is amended by striking ‘‘10 years’’ and inserting ‘‘20 
years’’. 
(c) CANCELLATION CEILING.—Section 347(c) of the 
Department of the Interior and Related Agencies Appro-
priations Act, 1999 (as contained in section 101(e) of divi-
sion A of Public Law 105–277; 16 U.S.C. 2104 note) is 
amended— 
(1) by redesignating paragraphs (4) and (5) as 
paragraphs (6) and (7), respectively; and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4): 
‘‘(4) CANCELLATION CEILING.— 
‘‘(A) AUTHORITY.—The Chief of the For-
est Service and the Director of the Bureau of 
Land Management may obligate funds to cover 
any potential cancellation or termination costs 
for an agreement or contract under subsection 
(a) in stages that are economically or program-
matically viable. 
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