101 
‘‘(2) shall state in a plain, prominent and per-
manent manner that it is not legally binding; and 
‘‘(3) shall, at the time it is issued or upon re-
quest, be made available by the issuing agency to in-
terested persons and the public by electronic means 
and otherwise. 
Agencies shall avoid the issuance of guidance that is in-
consistent or incompatible with, or duplicative of, the 
agency’s governing statutes or regulations, with the goal 
of minimizing the potential for uncertainty and litigation 
arising from such uncertainty. 
‘‘(c) The Administrator of the Office of Information 
and Regulatory Affairs shall have authority to issue guide-
lines for use by the agencies in the issuance of major guid-
ance and other guidance. Such guidelines shall assure that 
each agency avoids issuing guidance documents that are 
inconsistent or incompatible with, or duplicative of, the 
law, its other regulations, or the regulations of other Fed-
eral agencies and drafts its guidance documents to be sim-
ple and easy to understand, with the goal of minimizing 
the potential for uncertainty and litigation arising from 
such uncertainty.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 5 of title 5, United States Code, is amended
102 
by inserting after the item relating to section 553 the fol-
lowing new item: 
‘‘553a. Agency guidance; procedures to issue major guidance; authority to issue 
guidelines for issuance of guidance.’’. 
SEC. 205. HEARINGS; PRESIDING EMPLOYEES; POWERS AND 
DUTIES; 
BURDEN 
OF 
PROOF; 
EVIDENCE; 
RECORD AS BASIS OF DECISION. 
Section 556 of title 5, United States Code, is amend-
ed by striking subsection (e) and inserting the following: 
‘‘(e)(1) The transcript of testimony and exhibits, to-
gether with all papers and requests filed in the proceeding, 
constitutes the exclusive record for decision in accordance 
with section 557 and shall be made available to the parties 
and the public by electronic means and, upon payment of 
lawfully prescribed costs, otherwise. When an agency deci-
sion rests on official notice of a material fact not appear-
ing in the evidence in the record, a party is entitled, on 
timely request, to an opportunity to show the contrary. 
‘‘(2) Notwithstanding paragraph (1) of this sub-
section, in a proceeding held under this section pursuant 
to section 553(d)(4) or 553(e), the record for decision 
shall also include any information that is part of the 
record of proceedings under section 553. 
‘‘(f) When an agency conducts rule making under this 
section and section 557 directly after concluding pro-
ceedings upon an advance notice of proposed rule making
103 
under section 553(c), the matters to be considered and 
determinations to be made shall include, among other rel-
evant matters and determinations, the matters and deter-
minations described in subsections (b) and (f) of section 
553. 
‘‘(g) Upon receipt of a petition for a hearing under 
this section, the agency shall grant the petition in the case 
of any major rule, unless the agency reasonably deter-
mines that a hearing would not advance consideration of 
the rule or would, in light of the need for agency action, 
unreasonably delay completion of the rule making. The 
agency shall publish its decision to grant or deny the peti-
tion when it renders the decision, including an explanation 
of the grounds for decision. The information contained in 
the petition shall in all cases be included in the adminis-
trative record. This subsection shall not apply to rule mak-
ings that concern monetary policy proposed or imple-
mented by the Board of Governors of the Federal Reserve 
System or the Federal Open Market Committee.’’. 
SEC. 206. ACTIONS REVIEWABLE. 
Section 704 of title 5, United States Code, is amend-
ed— 
(1) by striking ‘‘Agency action made’’ and in-
serting ‘‘(a) Agency action made’’; and
104 
(2) by adding at the end the following: ‘‘Denial 
by an agency of a correction request or, where ad-
ministrative appeal is provided for, denial of an ap-
peal, under an administrative mechanism described 
in subsection (b)(2)(B) of the Information Quality 
Act, or the failure of an agency within 90 days to 
grant or deny such request or appeal, shall be final 
action for purposes of this section. 
‘‘(b) Other than in cases involving interests of na-
tional security, notwithstanding subsection (a) of this sec-
tion, upon the agency’s publication of an interim rule with-
out compliance with section 553(c), (d), or (e) or require-
ments to render final determinations under subsection (f) 
of section 553, an interested party may seek immediate 
judicial review under this chapter of the agency’s deter-
mination to adopt such rule on an interim basis. Review 
shall be limited to whether the agency abused its discre-
tion to adopt the interim rule without compliance with sec-
tion 553(c), (d), or (e) or without rendering final deter-
minations under subsection (f) of section 553.’’. 
SEC. 207. SCOPE OF REVIEW. 
Section 706 of title 5, United States Code is amend-
ed— 
(1) by striking ‘‘To the extent necessary’’ and 
inserting ‘‘(a) To the extent necessary’’;
105 
(2) in paragraph (2)(A) of subsection (a) (as 
designated by paragraph (1) of this section), by in-
serting after ‘‘in accordance with law’’ the following: 
‘‘(including the Information Quality Act)’’; and 
(3) by adding at the end the following: 
‘‘(b) The court shall not defer to the agency’s— 
‘‘(1) interpretation of an agency rule if the 
agency did not comply with the procedures of section 
553 or sections 556–557 of chapter 5 of this title to 
issue the interpretation; 
‘‘(2) determination of the costs and benefits or 
other economic or risk assessment of the action, if 
the agency failed to conform to guidelines on such 
determinations and assessments established by the 
Administrator of the Office of Information and Reg-
ulatory Affairs under section 553(k); 
‘‘(3) determinations made in the adoption of an 
interim rule; or 
‘‘(4) guidance. 
‘‘(c) The court shall review agency denials of petitions 
under section 553(e)(6) or any other petition for a hearing 
under sections 556 and 557 for abuse of agency discre-
tion.’’.
106 
SEC. 208. ADDED DEFINITION. 
Section 701(b) of title 5, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end, and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) ‘substantial evidence’ means such relevant 
evidence as a reasonable mind might accept as ade-
quate to support a conclusion in light of the record 
considered as a whole, taking into account whatever 
in the record fairly detracts from the weight of the 
evidence relied upon by the agency to support its de-
cision.’’. 
SEC. 209. EFFECTIVE DATE. 
The amendments made by this title to— 
(1) sections 553, 556, and 704 of title 5, 
United States Code; 
(2) subsection (b) of section 701 of such title; 
(3) paragraphs (2) and (3) of section 706(b) of 
such title; and 
(4) subsection (c) of section 706 of such title, 
shall not apply to any rule makings pending or completed 
on the date of enactment of this title.
107 
TITLE III—REGULATORY FLEXI-
BILITY IMPROVEMENTS ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Regulatory Flexibility 
Improvements Act of 2014’’. 
SEC. 302. CLARIFICATION AND EXPANSION OF RULES COV-
ERED BY THE REGULATORY FLEXIBILITY 
ACT. 
(a) IN GENERAL.—Paragraph (2) of section 601 of 
title 5, United States Code, is amended to read as follows: 
‘‘(2) RULE.—The term ‘rule’ has the meaning 
given such term in section 551(4) of this title, ex-
cept that such term does not include a rule per-
taining to the protection of the rights of and benefits 
for veterans or a rule of particular (and not general) 
applicability relating to rates, wages, corporate or fi-
nancial structures or reorganizations thereof, prices, 
facilities, appliances, services, or allowances therefor 
or to valuations, costs or accounting, or practices re-
lating to such rates, wages, structures, prices, appli-
ances, services, or allowances.’’. 
(b) INCLUSION
OF RULES WITH INDIRECT EF-
FECTS.—Section 601 of title 5, United States Code, is 
amended by adding at the end the following new para-
graph:
108 
‘‘(9) ECONOMIC IMPACT.—The term ‘economic 
impact’ means, with respect to a proposed or final 
rule— 
‘‘(A) any direct economic effect on small 
entities of such rule; and 
‘‘(B) any indirect economic effect (includ-
ing compliance costs and effects on revenue) on 
small entities which is reasonably foreseeable 
and results from such rule (without regard to 
whether small entities will be directly regulated 
by the rule).’’. 
(c) INCLUSION OF RULES WITH BENEFICIAL EF-
FECTS.— 
(1) INITIAL REGULATORY FLEXIBILITY ANAL-
YSIS.—Subsection (c) of section 603 of title 5, 
United States Code, is amended by striking the first 
sentence and inserting ‘‘Each initial regulatory flexi-
bility analysis shall also contain a detailed descrip-
tion of alternatives to the proposed rule which mini-
mize any adverse significant economic impact or 
maximize any beneficial significant economic impact 
on small entities.’’. 
(2) FINAL
REGULATORY
FLEXIBILITY
ANAL-
YSIS.—The first paragraph (6) of section 604(a) of 
title 5, United States Code, is amended by striking
109 
‘‘minimize the significant economic impact’’ and in-
serting ‘‘minimize the adverse significant economic 
impact or maximize the beneficial significant eco-
nomic impact’’. 
(d) INCLUSION OF RULES AFFECTING TRIBAL ORGA-
NIZATIONS.—Paragraph (5) of section 601 of title 5, 
United States Code, is amended by inserting ‘‘and tribal 
organizations (as defined in section 4(l) of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b(l))),’’ after ‘‘special districts,’’. 
(e) INCLUSION OF LAND MANAGEMENT PLANS AND 
FORMAL RULEMAKING.— 
(1) INITIAL REGULATORY FLEXIBILITY ANAL-
YSIS.—Subsection (a) of section 603 of title 5, 
United States Code, is amended in the first sen-
tence— 
(A) by striking ‘‘or’’ after ‘‘proposed 
rule,’’; and 
(B) by inserting ‘‘or publishes a revision or 
amendment to a land management plan,’’ after 
‘‘United States,’’. 
(2) FINAL
REGULATORY
FLEXIBILITY
ANAL-
YSIS.—Subsection (a) of section 604 of title 5, 
United States Code, is amended in the first sen-
tence—
110 
(A) by striking ‘‘or’’ after ‘‘proposed rule-
making,’’; and 
(B) by inserting ‘‘or adopts a revision or 
amendment to a land management plan,’’ after 
‘‘section 603(a),’’. 
(3) LAND MANAGEMENT PLAN DEFINED.—Sec-
tion 601 of title 5, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(10) LAND MANAGEMENT PLAN.— 
‘‘(A) IN GENERAL.—The term ‘land man-
agement plan’ means— 
‘‘(i) any plan developed by the Sec-
retary of Agriculture under section 6 of 
the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 
1604); and 
‘‘(ii) any plan developed by the Sec-
retary of the Interior under section 202 of 
the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1712). 
‘‘(B) 
REVISION.—The 
term 
‘revision’ 
means any change to a land management plan 
which— 
‘‘(i) in the case of a plan described in 
subparagraph (A)(i), is made under section
111 
6(f)(5) of the Forest and Rangeland Re-
newable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(5)); or 
‘‘(ii) in the case of a plan described in 
subparagraph (A)(ii), is made under sec-
tion 1610.5–6 of title 43, Code of Federal 
Regulations (or any successor regulation). 
‘‘(C) AMENDMENT.—The term ‘amend-
ment’ means any change to a land management 
plan which— 
‘‘(i) in the case of a plan described in 
subparagraph (A)(i), is made under section 
6(f)(4) of the Forest and Rangeland Re-
newable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(4)) and with respect to 
which the Secretary of Agriculture pre-
pares a statement described in section 
102(2)(C) of the National Environmental 
Policy 
Act 
of 
1969 
(42 
U.S.C. 
4332(2)(C)); or 
‘‘(ii) in the case of a plan described in 
subparagraph (A)(ii), is made under sec-
tion 1610.5–5 of title 43, Code of Federal 
Regulations (or any successor regulation) 
and with respect to which the Secretary of
112 
the Interior prepares a statement described 
in section 102(2)(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).’’. 
(f) INCLUSION OF CERTAIN INTERPRETIVE RULES 
INVOLVING THE INTERNAL REVENUE LAWS.— 
(1) IN
GENERAL.—Subsection (a) of section 
603 of title 5, United States Code, is amended by 
striking the period at the end and inserting ‘‘or a 
recordkeeping requirement, and without regard to 
whether such requirement is imposed by statute or 
regulation.’’. 
(2) COLLECTION OF INFORMATION.—Paragraph 
(7) of section 601 of title 5, United States Code, is 
amended to read as follows: 
‘‘(7) COLLECTION OF INFORMATION.—The term 
‘collection of information’ has the meaning given 
such term in section 3502(3) of title 44.’’. 
(3) RECORDKEEPING
REQUIREMENT.—Para-
graph (8) of section 601 of title 5, United States 
Code, is amended to read as follows: 
‘‘(8) 
RECORDKEEPING
REQUIREMENT.—The 
term ‘recordkeeping requirement’ has the meaning 
given such term in section 3502(13) of title 44.’’.
113 
(g) DEFINITION OF SMALL ORGANIZATION.—Para-
graph (4) of section 601 of title 5, United States Code, 
is amended to read as follows: 
‘‘(4) SMALL ORGANIZATION.— 
‘‘(A) IN GENERAL.—The term ‘small orga-
nization’ means any not-for-profit enterprise 
which, as of the issuance of the notice of pro-
posed rulemaking— 
‘‘(i) in the case of an enterprise which 
is described by a classification code of the 
North American Industrial Classification 
System, does not exceed the size standard 
established by the Administrator of the 
Small Business Administration pursuant to 
section 3 of the Small Business Act (15 
U.S.C. 632) for small business concerns 
described by such classification code; and 
‘‘(ii) in the case of any other enter-
prise, has a net worth that does not exceed 
$7,000,000 and has not more than 500 
employees. 
‘‘(B) LOCAL LABOR ORGANIZATIONS.—In 
the case of any local labor organization, sub-
paragraph (A) shall be applied without regard
114 
to any national or international organization of 
which such local labor organization is a part. 
‘‘(C) 
AGENCY
DEFINITIONS.—Subpara-
graphs (A) and (B) shall not apply to the ex-
tent that an agency, after consultation with the 
Office of Advocacy of the Small Business Ad-
ministration and after opportunity for public 
comment, establishes one or more definitions 
for such term which are appropriate to the ac-
tivities of the agency and publishes such defini-
tions in the Federal Register.’’. 
SEC. 303. EXPANSION OF REPORT OF REGULATORY AGEN-
DA. 
Section 602 of title 5, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking ‘‘, and’’ 
at the end and inserting ‘‘;’’; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by inserting after paragraph (2) the 
following: 
‘‘(3) a brief description of the sector of the 
North American Industrial Classification System 
that is primarily affected by any rule which the
115 
agency expects to propose or promulgate which is 
likely to have a significant economic impact on a 
substantial number of small entities; and’’; and 
(2) in subsection (c), to read as follows: 
‘‘(c) Each agency shall prominently display a plain 
language summary of the information contained in the 
regulatory flexibility agenda published under subsection 
(a) on its website within 3 days of its publication in the 
Federal Register. The Office of Advocacy of the Small 
Business Administration shall compile and prominently 
display a plain language summary of the regulatory agen-
das referenced in subsection (a) for each agency on its 
website within 3 days of their publication in the Federal 
Register.’’. 
SEC. 304. REQUIREMENTS PROVIDING FOR MORE DE-
TAILED ANALYSES. 
(a) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 
Subsection (b) of section 603 of title 5, United States 
Code, is amended to read as follows: 
‘‘(b) Each initial regulatory flexibility analysis re-
quired under this section shall contain a detailed state-
ment— 
‘‘(1) describing the reasons why action by the 
agency is being considered;
116 
‘‘(2) describing the objectives of, and legal basis 
for, the proposed rule; 
‘‘(3) estimating the number and type of small 
entities to which the proposed rule will apply; 
‘‘(4) describing the projected reporting, record-
keeping, and other compliance requirements of the 
proposed rule, including an estimate of the classes of 
small entities which will be subject to the require-
ment and the type of professional skills necessary 
for preparation of the report and record; 
‘‘(5) describing all relevant Federal rules which 
may duplicate, overlap, or conflict with the proposed 
rule, or the reasons why such a description could not 
be provided; 
‘‘(6) estimating the additional cumulative eco-
nomic impact of the proposed rule on small entities 
beyond that already imposed on the class of small 
entities by the agency or why such an estimate is 
not available; 
‘‘(7) describing any disproportionate economic 
impact on small entities or a specific class of small 
entities; and 
‘‘(8) describing any impairment of the ability of 
small entities to have access to credit.’’. 
(b) FINAL REGULATORY FLEXIBILITY ANALYSIS.—
117 
(1) IN GENERAL.—Section 604(a) of title 5, 
United States Code, is amended— 
(A) in paragraph (4), by striking ‘‘an ex-
planation’’ and inserting ‘‘a detailed expla-
nation’’; 
(B) in each of paragraphs (4), (5), and the 
first paragraph (6), by inserting ‘‘detailed’’ be-
fore ‘‘description’’; 
(C) in the second paragraph (6), by strik-
ing the period and inserting ‘‘; and’’; 
(D) by redesignating the second paragraph 
(6) as paragraph (7); and 
(E) by adding at the end the following: 
‘‘(8) a detailed description of any dispropor-
tionate economic impact on small entities or a spe-
cific class of small entities.’’. 
(2) INCLUSION OF RESPONSE TO COMMENTS ON 
CERTIFICATION
OF
PROPOSED
RULE.—Paragraph 
(2) of section 604(a) of title 5, United States Code, 
is amended by inserting ‘‘(or certification of the pro-
posed rule under section 605(b))’’ after ‘‘initial reg-
ulatory flexibility analysis’’. 
(3) PUBLICATION OF ANALYSIS ON WEBSITE.— 
Subsection (b) of section 604 of title 5, United 
States Code, is amended to read as follows:
118 
‘‘(b) The agency shall make copies of the final regu-
latory flexibility analysis available to the public, including 
placement of the entire analysis on the agency’s website, 
and shall publish in the Federal Register the final regu-
latory flexibility analysis, or a summary thereof which in-
cludes the telephone number, mailing address, and link to 
the website where the complete analysis may be ob-
tained.’’. 
(c) CROSS-REFERENCES
TO OTHER ANALYSES.— 
Subsection (a) of section 605 of title 5, United States 
Code, is amended to read as follows: 
‘‘(a) A Federal agency shall be treated as satisfying 
any requirement regarding the content of an agenda or 
regulatory flexibility analysis under section 602, 603, or 
604, if such agency provides in such agenda or analysis 
a cross-reference to the specific portion of another agenda 
or analysis which is required by any other law and which 
satisfies such requirement.’’. 
(d) CERTIFICATIONS.—Subsection (b) of section 605 
of title 5, United States Code, is amended— 
(1) by inserting ‘‘detailed’’ before ‘‘statement’’ 
the first place it appears; and 
(2) by inserting ‘‘and legal’’ after ‘‘factual’’.
119 
(e) QUANTIFICATION REQUIREMENTS.—Section 607 
of title 5, United States Code, is amended to read as fol-
lows: 
‘‘§ 607. Quantification requirements 
‘‘In complying with sections 603 and 604, an agency 
shall provide— 
‘‘(1) a quantifiable or numerical description of 
the effects of the proposed or final rule and alter-
natives to the proposed or final rule; or 
‘‘(2) a more general descriptive statement and 
a detailed statement explaining why quantification is 
not practicable or reliable.’’. 
SEC. 305. REPEAL OF WAIVER AND DELAY AUTHORITY; AD-
DITIONAL POWERS OF THE CHIEF COUNSEL 
FOR ADVOCACY. 
(a) IN GENERAL.—Section 608 is amended to read 
as follows: 
‘‘§ 608. Additional powers of Chief Counsel for Advo-
cacy 
‘‘(a)(1) Not later than 270 days after the date of the 
enactment of this section, the Chief Counsel for Advocacy 
of the Small Business Administration shall, after oppor-
tunity for notice and comment under section 553, issue 
rules governing agency compliance with this chapter. The 
Chief Counsel may modify or amend such rules after no-
120 
tice and comment under section 553. This chapter (other 
than this subsection) shall not apply with respect to the 
issuance, modification, and amendment of rules under this 
paragraph. 
‘‘(2) An agency shall not issue rules which supple-
ment the rules issued under subsection (a) unless such 
agency has first consulted with the Chief Counsel for Ad-
vocacy to ensure that such supplemental rules comply with 
this chapter and the rules issued under paragraph (1). 
‘‘(b) Notwithstanding any other law, the Chief Coun-
sel for Advocacy of the Small Business Administration 
may intervene in any agency adjudication (unless such 
agency is authorized to impose a fine or penalty under 
such adjudication), and may inform the agency of the im-
pact that any decision on the record may have on small 
entities. The Chief Counsel shall not initiate an appeal 
with respect to any adjudication in which the Chief Coun-
sel intervenes under this subsection. 
‘‘(c) The Chief Counsel for Advocacy may file com-
ments in response to any agency notice requesting com-
ment, regardless of whether the agency is required to file 
a general notice of proposed rulemaking under section 
553.’’. 
(b) CONFORMING AMENDMENTS.—
122 
‘‘(2) An agency shall not be required under para-
graph (1) to provide the exact language of any draft if 
the rule— 
‘‘(A) relates to the internal revenue laws of the 
United States; or 
‘‘(B) is proposed by an independent regulatory 
agency (as defined in section 3502(5) of title 44). 
‘‘(c) Not later than 15 days after the receipt of such 
materials and information under subsection (b), the Chief 
Counsel for Advocacy of the Small Business Administra-
tion shall— 
‘‘(1) identify small entities or representatives of 
small entities or a combination of both for the pur-
pose of obtaining advice, input, and recommenda-
tions from those persons about the potential eco-
nomic impacts of the proposed rule and the compli-
ance of the agency with section 603; and 
‘‘(2) convene a review panel consisting of an 
employee from the Office of Advocacy of the Small 
Business Administration, an employee from the 
agency making the rule, and in the case of an agen-
cy other than an independent regulatory agency (as 
defined in section 3502(5) of title 44), an employee 
from the Office of Information and Regulatory Af-
fairs of the Office of Management and Budget to re-
123 
view the materials and information provided to the 
Chief Counsel under subsection (b). 
‘‘(d)(1) Not later than 60 days after the review panel 
described in subsection (c)(2) is convened, the Chief Coun-
sel for Advocacy of the Small Business Administration 
shall, after consultation with the members of such panel, 
submit a report to the agency and, in the case of an agen-
cy other than an independent regulatory agency (as de-
fined in section 3502(5) of title 44), the Office of Informa-
tion and Regulatory Affairs of the Office of Management 
and Budget. 
‘‘(2) Such report shall include an assessment of the 
economic impact of the proposed rule on small entities, 
including an assessment of the proposed rule’s impact on 
the cost that small entities pay for energy, an assessment 
of the proposed rule’s impact on start-up costs for small 
entities, and a discussion of any alternatives that will min-
imize adverse significant economic impacts or maximize 
beneficial significant economic impacts on small entities. 
‘‘(3) Such report shall become part of the rulemaking 
record. In the publication of the proposed rule, the agency 
shall explain what actions, if any, the agency took in re-
sponse to such report. 
‘‘(e) A proposed rule is described by this subsection 
if the Administrator of the Office of Information and Reg-
124 
ulatory Affairs of the Office of Management and Budget, 
the head of the agency (or the delegatee of the head of 
the agency), or an independent regulatory agency deter-
mines that the proposed rule is likely to result in— 
‘‘(1) an annual effect on the economy of 
$100,000,000 or more; 
‘‘(2) a major increase in costs or prices for con-
sumers, individual industries, Federal, State, or local 
governments, tribal organizations, or geographic re-
gions; 
‘‘(3) significant adverse effects on competition, 
employment, investment, productivity, innovation, or 
on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic 
and export markets; or 
‘‘(4) a significant economic impact on a sub-
stantial number of small entities. 
‘‘(f) Upon application by the agency, the Chief Coun-
sel for Advocacy of the Small Business Administration 
may waive the requirements of subsections (b) through (e) 
if the Chief Counsel determines that compliance with the 
requirements of such subsections are impracticable, un-
necessary, or contrary to the public interest. 
‘‘(g) A small entity or a representative of a small enti-
ty may submit a request that the agency provide a copy
125 
of the report prepared under subsection (d) and all mate-
rials and information provided to the Chief Counsel for 
Advocacy of the Small Business Administration under 
subsection (b). The agency receiving such request shall 
provide the report, materials and information to the re-
questing small entity or representative of a small entity 
not later than 10 business days after receiving such re-
quest, except that the agency shall not disclose any infor-
mation that is prohibited from disclosure to the public 
pursuant to section 552(b) of this title.’’. 
SEC. 307. PERIODIC REVIEW OF RULES. 
Section 610 of title 5, United States Code, is amend-
ed to read as follows: 
‘‘§ 610. Periodic review of rules 
‘‘(a) Not later than 180 days after the enactment of 
this section, each agency shall publish in the Federal Reg-
ister and place on its website a plan for the periodic review 
of rules issued by the agency which the head of the agency 
determines have a significant economic impact on a sub-
stantial number of small entities. Such determination shall 
be made without regard to whether the agency performed 
an analysis under section 604. The purpose of the review 
shall be to determine whether such rules should be contin-
ued without change, or should be amended or rescinded, 
consistent with the stated objectives of applicable statutes,
126 
to minimize any adverse significant economic impacts or 
maximize any beneficial significant economic impacts on 
a substantial number of small entities. Such plan may be 
amended by the agency at any time by publishing the revi-
sion in the Federal Register and subsequently placing the 
amended plan on the agency’s website. 
‘‘(b) The plan shall provide for the review of all such 
agency rules existing on the date of the enactment of this 
section within 10 years of the date of publication of the 
plan in the Federal Register and for review of rules adopt-
ed after the date of enactment of this section within 10 
years after the publication of the final rule in the Federal 
Register. If the head of the agency determines that com-
pletion of the review of existing rules is not feasible by 
the established date, the head of the agency shall so certify 
in a statement published in the Federal Register and may 
extend the review for not longer than 2 years after publi-
cation of notice of extension in the Federal Register. Such 
certification and notice shall be sent to the Chief Counsel 
for Advocacy of the Small Business Administration and 
the Congress. 
‘‘(c) The plan shall include a section that details how 
an agency will conduct outreach to and meaningfully in-
clude small businesses (including small business concerns 
owned and controlled by women, small business concerns
127 
owned and controlled by veterans, and small business con-
cerns owned and controlled by socially and economically 
disadvantaged individuals (as such terms are defined in 
the Small Business Act)) for the purposes of carrying out 
this section. The agency shall include in this section a plan 
for how the agency will contact small businesses and gath-
er their input on existing agency rules. 
‘‘(d) Each agency shall annually submit a report re-
garding the results of its review pursuant to such plan 
to the Congress, the Chief Counsel for Advocacy of the 
Small Business Administration, and, in the case of agen-
cies other than independent regulatory agencies (as de-
fined in section 3502(5) of title 44) to the Administrator 
of the Office of Information and Regulatory Affairs of the 
Office of Management and Budget. Such report shall in-
clude the identification of any rule with respect to which 
the head of the agency made a determination described 
in paragraph (5) or (6) of subsection (e) and a detailed 
explanation of the reasons for such determination. 
‘‘(e) In reviewing a rule pursuant to subsections (a) 
through (d), the agency shall amend or rescind the rule 
to minimize any adverse significant economic impact on 
a substantial number of small entities or disproportionate 
economic impact on a specific class of small entities, or 
maximize any beneficial significant economic impact of the
128 
rule on a substantial number of small entities to the great-
est extent possible, consistent with the stated objectives 
of applicable statutes. In amending or rescinding the rule, 
the agency shall consider the following factors: 
‘‘(1) The continued need for the rule. 
‘‘(2) The nature of complaints received by the 
agency from small entities concerning the rule. 
‘‘(3) Comments by the Regulatory Enforcement 
Ombudsman and the Chief Counsel for Advocacy of 
the Small Business Administration. 
‘‘(4) The complexity of the rule. 
‘‘(5) The extent to which the rule overlaps, du-
plicates, or conflicts with other Federal rules and, 
unless the head of the agency determines it to be in-
feasible, State, territorial, and local rules. 
‘‘(6) The contribution of the rule to the cumu-
lative economic impact of all Federal rules on the 
class of small entities affected by the rule, unless the 
head of the agency determines that such calculations 
cannot be made and reports that determination in 
the annual report required under subsection (d). 
‘‘(7) The length of time since the rule has been 
evaluated or the degree to which technology, eco-
nomic conditions, or other factors have changed in 
the area affected by the rule.
129 
‘‘(f) Each year, each agency shall publish in the Fed-
eral Register and on its website a list of rules to be re-
viewed pursuant to such plan. The agency shall include 
in the publication a solicitation of public comments on any 
further inclusions or exclusions of rules from the list, and 
shall respond to such comments. Such publication shall 
include a brief description of the rule, the reason why the 
agency determined that it has a significant economic im-
pact on a substantial number of small entities (without 
regard to whether it had prepared a final regulatory flexi-
bility analysis for the rule), and request comments from 
the public, the Chief Counsel for Advocacy of the Small 
Business Administration, and the Regulatory Enforce-
ment Ombudsman concerning the enforcement of the 
rule.’’. 
SEC. 308. JUDICIAL REVIEW OF COMPLIANCE WITH THE RE-
QUIREMENTS OF THE REGULATORY FLEXI-
BILITY ACT AVAILABLE AFTER PUBLICATION 
OF THE FINAL RULE. 
(a) IN GENERAL.—Paragraph (1) of section 611(a) 
of title 5, United States Code, is amended by striking 
‘‘final agency action’’ and inserting ‘‘such rule’’. 
(b) JURISDICTION.—Paragraph (2) of such section is 
amended by inserting ‘‘(or which would have such jurisdic-
130 
tion if publication of the final rule constituted final agency 
action)’’ after ‘‘provision of law,’’. 
(c) TIME FOR BRINGING ACTION.—Paragraph (3) of 
such section is amended— 
(1) by striking ‘‘final agency action’’ and insert-
ing ‘‘publication of the final rule’’; and 
(2) by inserting ‘‘, in the case of a rule for 
which the date of final agency action is the same 
date as the publication of the final rule,’’ after ‘‘ex-
cept that’’. 
(d) INTERVENTION BY CHIEF COUNSEL FOR ADVO-
CACY.—Subsection (b) of section 612 of title 5, United 
States Code, is amended by inserting before the first pe-
riod ‘‘or agency compliance with section 601, 603, 604, 
605(b), 609, or 610’’. 
SEC. 309. JURISDICTION OF COURT OF APPEALS OVER 
RULES IMPLEMENTING THE REGULATORY 
FLEXIBILITY ACT. 
(a) IN GENERAL.—Section 2342 of title 28, United 
States Code, is amended— 
(1) in paragraph (6), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (7), by striking the period at 
the end and inserting ‘‘; and’’; and
131 
(3) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8) all final rules under section 608(a) of title 
5.’’. 
(b) CONFORMING AMENDMENTS.—Paragraph (3) of 
section 2341 of title 28, United States Code, is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(F) the Office of Advocacy of the Small 
Business Administration, when the final rule is 
under section 608(a) of title 5.’’. 
(c) AUTHORIZATION TO INTERVENE AND COMMENT 
ON AGENCY COMPLIANCE WITH ADMINISTRATIVE PROCE-
DURE.—Subsection (b) of section 612 of title 5, United 
States Code, is amended by inserting ‘‘chapter 5, and 
chapter 7,’’ after ‘‘this chapter,’’.
132 
SEC. 310. ESTABLISHMENT AND APPROVAL OF SMALL BUSI-
NESS CONCERN SIZE STANDARDS BY CHIEF 
COUNSEL FOR ADVOCACY. 
(a) IN GENERAL.—Subparagraph (A) of section 
3(a)(2) 
of 
the 
Small 
Business 
Act 
(15 
U.S.C. 
632(a)(2)(A)) is amended to read as follows: 
‘‘(A) IN GENERAL.—In addition to the cri-
teria specified in paragraph (1)— 
‘‘(i) the Administrator may specify de-
tailed definitions or standards by which a 
business concern may be determined to be 
a small business concern for purposes of 
this Act or the Small Business Investment 
Act of 1958; and 
‘‘(ii) the Chief Counsel for Advocacy 
may specify such definitions or standards 
for purposes of any other Act.’’. 
(b) APPROVAL BY CHIEF COUNSEL.—Clause (iii) of 
section 3(a)(2)(C) of the Small Business Act (15 U.S.C. 
632(a)(2)(C)(iii)) is amended to read as follows: 
‘‘(iii) except in the case of a size 
standard prescribed by the Administrator, 
is approved by the Chief Counsel for Advo-
cacy.’’.
133 
(c) INDUSTRY VARIATION.—Paragraph (3) of section 
3(a) of the Small Business Act (15 U.S.C. 632(a)(3)) is 
amended— 
(1) by inserting ‘‘or Chief Counsel for Advo-
cacy, as appropriate’’ before ‘‘shall ensure’’; and 
(2) by inserting ‘‘or Chief Counsel for Advo-
cacy’’ before the period at the end. 
(d) JUDICIAL REVIEW
OF SIZE STANDARDS AP-
PROVED BY CHIEF COUNSEL.—Section 3(a) of the Small 
Business Act (15 U.S.C. 632(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(9) JUDICIAL
REVIEW
OF
STANDARDS
AP-
PROVED BY CHIEF COUNSEL.—In the case of an ac-
tion for judicial review of a rule which includes a 
definition or standard approved by the Chief Counsel 
for Advocacy under this subsection, the party seek-
ing such review shall be entitled to join the Chief 
Counsel as a party in such action.’’. 
SEC. 311. CLERICAL AMENDMENTS. 
(a) DEFINITIONS.—Section 601 of title 5, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking the semicolon at the end 
and inserting a period; and
134 
(B) by striking ‘‘(1) the term’’ and insert-
ing the following: 
‘‘(1) AGENCY.—The term’’; 
(2) in paragraph (3)— 
(A) by striking the semicolon at the end 
and inserting a period; and 
(B) by striking ‘‘(3) the term’’ and insert-
ing the following: 
‘‘(3) SMALL BUSINESS.—The term’’; 
(3) in paragraph (5)— 
(A) by striking the semicolon at the end 
and inserting a period; and 
(B) by striking ‘‘(5) the term’’ and insert-
ing the following: 
‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— 
The term’’; and 
(4) in paragraph (6)— 
(A) by striking ‘‘; and’’ and inserting a pe-
riod; and 
(B) by striking ‘‘(6) the term’’ and insert-
ing the following: 
‘‘(6) SMALL ENTITY.—The term’’. 
(b) INCORPORATIONS BY REFERENCE AND CERTIFI-
CATIONS.—The heading of section 605 of title 5, United 
States Code, is amended to read as follows:
135 
‘‘§ 605. Incorporations by reference and certifi-
cations’’. 
(c) TABLE OF SECTIONS.—The table of sections for 
chapter 6 of title 5, United States Code, is amended— 
(1) by striking the item relating to section 605 
and inserting the following new item: 
‘‘605. Incorporations by reference and certifications.’’; 
(2) by striking the item relating to section 607 
and inserting the following new item: 
‘‘607. Quantification requirements.’’; 
and 
(3) by striking the item relating to section 608 
and inserting the following: 
‘‘608. Additional powers of Chief Counsel for Advocacy.’’. 
(d) OTHER CLERICAL AMENDMENTS TO CHAPTER 
6.—Chapter 6 of title 5, United States Code, is amended 
in section 603(d)— 
(1) by striking paragraph (2); 
(2) by striking ‘‘(1) For a covered agency,’’ and 
inserting ‘‘For a covered agency,’’; 
(3) by striking ‘‘(A) any’’ and inserting ‘‘(1) 
any’’; 
(4) by striking ‘‘(B) any’’ and inserting ‘‘(2) 
any’’; and 
(5) by striking ‘‘(C) advice’’ and inserting ‘‘(3) 
advice’’.
136 
SEC. 312. AGENCY PREPARATION OF GUIDES. 
Section 212(a)(5) the Small Business Regulatory En-
forcement Fairness Act of 1996 (5 U.S.C. 601 note) is 
amended to read as follows: 
‘‘(5) AGENCY PREPARATION OF GUIDES.—The 
agency shall, in its sole discretion, taking into ac-
count the subject matter of the rule and the lan-
guage of relevant statutes, ensure that the guide is 
written using sufficiently plain language likely to be 
understood by affected small entities. Agencies may 
prepare separate guides covering groups or classes of 
similarly affected small entities and may cooperate 
with associations of small entities to distribute such 
guides. In developing guides, agencies shall solicit 
input from affected small entities or associations of 
affected small entities. An agency may prepare 
guides and apply this section with respect to a rule 
or a group of related rules.’’. 
SEC. 313. COMPTROLLER GENERAL REPORT. 
Not later than 90 days after the date of enactment 
of this title, the Comptroller General of the United States 
shall complete and publish a study that examines whether 
the Chief Counsel for Advocacy of the Small Business Ad-
ministration has the capacity and resources to carry out 
the duties of the Chief Counsel under this title and the 
amendments made by this title.
137 
TITLE IV—SUNSHINE FOR REGU-
LATORY DECREES AND SET-
TLEMENTS ACT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Sunshine for Regu-
latory Decrees and Settlements Act of 2014’’. 
SEC. 402. DEFINITIONS. 
In this title— 
(1) the terms ‘‘agency’’ and ‘‘agency action’’ 
have the meanings given those terms under section 
551 of title 5, United States Code; 
(2) the term ‘‘covered civil action’’ means a civil 
action— 
(A) seeking to compel agency action; 
(B) alleging that the agency is unlawfully 
withholding or unreasonably delaying an agency 
action relating to a regulatory action that would 
affect the rights of— 
(i) private persons other than the per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment; and 
(C) brought under— 
(i) chapter 7 of title 5, United States 
Code; or
138 
(ii) any other statute authorizing such 
an action; 
(3) the term ‘‘covered consent decree’’ means— 
(A) a consent decree entered into in a cov-
ered civil action; and 
(B) any other consent decree that requires 
agency action relating to a regulatory action 
that affects the rights of— 
(i) private persons other than the per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment; 
(4) the term ‘‘covered consent decree or settle-
ment agreement’’ means a covered consent decree 
and a covered settlement agreement; and 
(5) the term ‘‘covered settlement agreement’’ 
means— 
(A) a settlement agreement entered into in 
a covered civil action; and 
(B) any other settlement agreement that 
requires agency action relating to a regulatory 
action that affects the rights of— 
(i) private persons other than the per-
son bringing the action; or
139 
(ii) a State, local, or tribal govern-
ment. 
SEC. 403. CONSENT DECREE AND SETTLEMENT REFORM. 
(a) PLEADINGS AND PRELIMINARY MATTERS.— 
(1) IN GENERAL.—In any covered civil action, 
the agency against which the covered civil action is 
brought shall publish the notice of intent to sue and 
the complaint in a readily accessible manner, includ-
ing by making the notice of intent to sue and the 
complaint available online not later than 15 days 
after receiving service of the notice of intent to sue 
or complaint, respectively. 
(2) ENTRY OF A COVERED CONSENT DECREE 
OR
SETTLEMENT
AGREEMENT.—A party may not 
make a motion for entry of a covered consent decree 
or to dismiss a civil action pursuant to a covered set-
tlement agreement until after the end of proceedings 
in accordance with paragraph (1) and subpara-
graphs (A) and (B) of paragraph (2) of subsection 
(d) or subsection (d)(3)(A), whichever is later. 
(b) INTERVENTION.— 
(1) REBUTTABLE
PRESUMPTION.—In consid-
ering a motion to intervene in a covered civil action 
or a civil action in which a covered consent decree 
or settlement agreement has been proposed that is
140 
filed by a person who alleges that the agency action 
in dispute would affect the person, the court shall 
presume, subject to rebuttal, that the interests of 
the person would not be represented adequately by 
the existing parties to the action. 
(2) STATE, 
LOCAL, 
AND
TRIBAL
GOVERN-
MENTS.—In considering a motion to intervene in a 
covered civil action or a civil action in which a cov-
ered consent decree or settlement agreement has 
been proposed that is filed by a State, local, or tribal 
government, the court shall take due account of 
whether the movant— 
(A) administers jointly with an agency that 
is a defendant in the action the statutory provi-
sions that give rise to the regulatory action to 
which the action relates; or 
(B) administers an authority under State, 
local, or tribal law that would be preempted by 
the regulatory action to which the action re-
lates. 
(c) SETTLEMENT NEGOTIATIONS.—Efforts to settle 
a covered civil action or otherwise reach an agreement on 
a covered consent decree or settlement agreement shall— 
(1) be conducted pursuant to the mediation or 
alternative dispute resolution program of the court
141 
or by a district judge other than the presiding judge, 
magistrate judge, or special master, as determined 
appropriate by the presiding judge; and 
(2) include any party that intervenes in the ac-
tion. 
(d) PUBLICATION OF AND COMMENT ON COVERED 
CONSENT DECREES OR SETTLEMENT AGREEMENTS.— 
(1) IN GENERAL.—Not later than 60 days be-
fore the date on which a covered consent decree or 
settlement agreement is filed with a court, the agen-
cy seeking to enter the covered consent decree or 
settlement agreement shall publish in the Federal 
Register and online— 
(A) the proposed covered consent decree or 
settlement agreement; and 
(B) a statement providing— 
(i) the statutory basis for the covered 
consent decree or settlement agreement; 
and 
(ii) a description of the terms of the 
covered consent decree or settlement agree-
ment, including whether it provides for the 
award of attorneys’ fees or costs and, if so, 
the basis for including the award. 
(2) PUBLIC COMMENT.—
142 
(A) IN GENERAL.—An agency seeking to 
enter a covered consent decree or settlement 
agreement shall accept public comment during 
the period described in paragraph (1) on any 
issue relating to the matters alleged in the com-
plaint in the applicable civil action or addressed 
or affected by the proposed covered consent de-
cree or settlement agreement. 
(B) RESPONSE TO COMMENTS.—An agency 
shall respond to any comment received under 
subparagraph (A). 
(C) SUBMISSIONS TO COURT.—When mov-
ing that the court enter a proposed covered con-
sent decree or settlement agreement or for dis-
missal pursuant to a proposed covered consent 
decree or settlement agreement, an agency 
shall— 
(i) inform the court of the statutory 
basis for the proposed covered consent de-
cree or settlement agreement and its 
terms; 
(ii) submit to the court a summary of 
the comments received under subparagraph 
(A) and the response of the agency to the 
comments;
143 
(iii) submit to the court a certified 
index of the administrative record of the 
notice and comment proceeding; and 
(iv) make the administrative record 
described in clause (iii) fully accessible to 
the court. 
(D) INCLUSION
IN
RECORD.—The court 
shall include in the court record for a civil ac-
tion the certified index of the administrative 
record submitted by an agency under subpara-
graph (C)(iii) and any documents listed in the 
index which any party or amicus curiae appear-
ing before the court in the action submits to the 
court. 
(3) PUBLIC HEARINGS PERMITTED.— 
(A) IN GENERAL.—After providing notice 
in the Federal Register and online, an agency 
may hold a public hearing regarding whether to 
enter into a proposed covered consent decree or 
settlement agreement. 
(B) RECORD.—If an agency holds a public 
hearing under subparagraph (A)— 
(i) the agency shall— 
(I) submit to the court a sum-
mary of the proceedings;
144 
(II) submit to the court a cer-
tified index of the hearing record; and 
(III) provide access to the hear-
ing record to the court; and 
(ii) the full hearing record shall be in-
cluded in the court record. 
(4) MANDATORY
DEADLINES.—If a proposed 
covered consent decree or settlement agreement re-
quires an agency action by a date certain, the agen-
cy shall, when moving for entry of the covered con-
sent decree or settlement agreement or dismissal 
based on the covered consent decree or settlement 
agreement, inform the court of— 
(A) any required regulatory action the 
agency has not taken that the covered consent 
decree or settlement agreement does not ad-
dress; 
(B) how the covered consent decree or set-
tlement agreement, if approved, would affect 
the discharge of the duties described in sub-
paragraph (A); and 
(C) why the effects of the covered consent 
decree or settlement agreement on the manner 
in which the agency discharges its duties is in 
the public interest.
145 
(e) SUBMISSION BY THE GOVERNMENT.— 
(1) IN GENERAL.—For any proposed covered 
consent decree or settlement agreement that con-
tains a term described in paragraph (2), the Attor-
ney General or, if the matter is being litigated inde-
pendently by an agency, the head of the agency shall 
submit to the court a certification that the Attorney 
General or head of the agency approves the proposed 
covered consent decree or settlement agreement. The 
Attorney General or head of the agency shall person-
ally sign any certification submitted under this para-
graph. 
(2) TERMS.—A term described in this para-
graph is— 
(A) in the case of a covered consent decree, 
a term that— 
(i) converts into a nondiscretionary 
duty a discretionary authority of an agency 
to propose, promulgate, revise, or amend 
regulations; 
(ii) commits an agency to expend 
funds that have not been appropriated and 
that have not been budgeted for the regu-
latory action in question;
146 
(iii) commits an agency to seek a par-
ticular appropriation or budget authoriza-
tion; 
(iv) divests an agency of discretion 
committed to the agency by statute or the 
Constitution of the United States, without 
regard to whether the discretion was 
granted to respond to changing cir-
cumstances, to make policy or managerial 
choices, or to protect the rights of third 
parties; or 
(v) otherwise affords relief that the 
court could not enter under its own au-
thority upon a final judgment in the civil 
action; or 
(B) in the case of a covered settlement 
agreement, a term— 
(i) that provides a remedy for a fail-
ure by the agency to comply with the 
terms of the covered settlement agreement 
other than the revival of the civil action re-
solved by the covered settlement agree-
ment; and 
(ii) that—
147 
(I) interferes with the authority 
of an agency to revise, amend, or 
issue rules under the procedures set 
forth in chapter 5 of title 5, United 
States Code, or any other statute or 
Executive 
order 
prescribing 
rule-
making procedures for a rulemaking 
that is the subject of the covered set-
tlement agreement; 
(II) commits the agency to ex-
pend funds that have not been appro-
priated and that have not been budg-
eted for the regulatory action in ques-
tion; or 
(III) for such a covered settle-
ment agreement that commits the 
agency to exercise in a particular way 
discretion which was committed to the 
agency by statute or the Constitution 
of the United States to respond to 
changing circumstances, to make pol-
icy or managerial choices, or to pro-
tect the rights of third parties. 
(f) REVIEW BY COURT.—
148 
(1) AMICUS.—A court considering a proposed 
covered consent decree or settlement agreement shall 
presume, subject to rebuttal, that it is proper to 
allow amicus participation relating to the covered 
consent decree or settlement agreement by any per-
son who filed public comments or participated in a 
public hearing on the covered consent decree or set-
tlement agreement under paragraph (2) or (3) of 
subsection (d). 
(2) REVIEW OF DEADLINES.— 
(A) PROPOSED
COVERED
CONSENT
DE-
CREES.—For a proposed covered consent de-
cree, a court shall not approve the covered con-
sent decree unless the proposed covered consent 
decree allows sufficient time and incorporates 
adequate procedures for the agency to comply 
with chapter 5 of title 5, United States Code, 
and other applicable statutes that govern rule-
making and, unless contrary to the public inter-
est, the provisions of any Executive order that 
governs rulemaking. 
(B) PROPOSED
COVERED
SETTLEMENT 
AGREEMENTS.—For a proposed covered settle-
ment agreement, a court shall ensure that the 
covered settlement agreement allows sufficient
149 
time and incorporates adequate procedures for 
the agency to comply with chapter 5 of title 5, 
United States Code, and other applicable stat-
utes that govern rulemaking and, unless con-
trary to the public interest, the provisions of 
any Executive order that governs rulemaking. 
(g) ANNUAL REPORTS.—Each agency shall submit to 
Congress an annual report that, for the year covered by 
the report, includes— 
(1) the number, identity, and content of covered 
civil actions brought against and covered consent de-
crees or settlement agreements entered against or 
into by the agency; and 
(2) a description of the statutory basis for— 
(A) each covered consent decree or settle-
ment agreement entered against or into by the 
agency; and 
(B) any award of attorneys fees or costs in 
a civil action resolved by a covered consent de-
cree or settlement agreement entered against or 
into by the agency. 
SEC. 404. MOTIONS TO MODIFY CONSENT DECREES. 
If an agency moves a court to modify a covered con-
sent decree or settlement agreement and the basis of the 
motion is that the terms of the covered consent decree or
150 
settlement agreement are no longer fully in the public in-
terest due to the obligations of the agency to fulfill other 
duties or due to changed facts and circumstances, the 
court shall review the motion and the covered consent de-
cree or settlement agreement de novo. 
SEC. 405. EFFECTIVE DATE. 
This title shall apply to— 
(1) any covered civil action filed on or after the 
date of enactment of this title; and 
(2) any covered consent decree or settlement 
agreement proposed to a court on or after the date 
of enactment of this title. 
DIVISION IV—JUDICIARY 
TITLE 
I—REGULATIONS 
FROM 
THE EXECUTIVE IN NEED OF 
SCRUTINY 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Regulations From the 
Executive in Need of Scrutiny Act of 2014’’. 
SEC. 102. PURPOSE. 
The purpose of this title is to increase accountability 
for and transparency in the Federal regulatory process. 
Section 1 of article I of the United States Constitution 
grants all legislative powers to Congress. Over time, Con-
gress has excessively delegated its constitutional charge
151 
while failing to conduct appropriate oversight and retain 
accountability for the content of the laws it passes. By 
requiring a vote in Congress, the REINS Act will result 
in more carefully drafted and detailed legislation, an im-
proved regulatory process, and a legislative branch that 
is truly accountable to the American people for the laws 
imposed upon them. Moreover, as a tax on carbon emis-
sions increases energy costs on consumers, reduces eco-
nomic growth and is therefore detrimental to individuals, 
families and businesses, the REINS Act includes in the 
definition of a major rule, any rule that implements or 
provides for the imposition or collection of a tax on carbon 
emissions. 
SEC. 103. CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING. 
Chapter 8 of title 5, United States Code, is amended 
to read as follows: 
‘‘CHAPTER 8—CONGRESSIONAL REVIEW 
OF AGENCY RULEMAKING 
‘‘Sec. 
‘‘801. Congressional review. 
‘‘802. Congressional approval procedure for major rules. 
‘‘803. Congressional disapproval procedure for nonmajor rules. 
‘‘804. Definitions. 
‘‘805. Judicial review. 
‘‘806. Exemption for monetary policy. 
‘‘807. Effective date of certain rules.
152 
‘‘§ 801. Congressional review 
‘‘(a)(1)(A) Before a rule may take effect, the Federal 
agency promulgating such rule shall submit to each House 
of the Congress and to the Comptroller General a report 
containing— 
‘‘(i) a copy of the rule; 
‘‘(ii) a concise general statement relating to the 
rule; 
‘‘(iii) a classification of the rule as a major or 
nonmajor rule, including an explanation of the clas-
sification specifically addressing each criteria for a 
major rule contained within clauses (i) through (iii) 
of section 804(2)(A) or within section 804(2)(B); 
‘‘(iv) a list of any other related regulatory ac-
tions taken by or that will be taken by the Federal 
agency promulgating the rule that are intended to 
implement the same statutory provision or regu-
latory objective as well as the individual and aggre-
gate economic effects of those actions; 
‘‘(v) a list of any other related regulatory ac-
tions taken by or that will be taken by any other 
Federal agency with authority to implement the 
same statutory provision or regulatory objective that 
are intended to implement such provision or objec-
tive, of which the Federal agency promulgating the
153 
rule is aware, as well as the individual and aggre-
gate economic effects of those actions; and 
‘‘(vi) the proposed effective date of the rule. 
‘‘(B) On the date of the submission of the report 
under subparagraph (A), the Federal agency promulgating 
the rule shall submit to the Comptroller General and make 
available to each House of Congress— 
‘‘(i) a complete copy of the cost-benefit analysis 
of the rule, if any, including an analysis of any jobs 
added or lost, differentiating between public and pri-
vate sector jobs; 
‘‘(ii) the agency’s actions pursuant to sections 
603, 604, 605, 607, and 609 of this title; 
‘‘(iii) the agency’s actions pursuant to sections 
202, 203, 204, and 205 of the Unfunded Mandates 
Reform Act of 1995; and 
‘‘(iv) any other relevant information or require-
ments under any other Act and any relevant Execu-
tive orders. 
‘‘(C) Upon receipt of a report submitted under sub-
paragraph (A), each House shall provide copies of the re-
port to the chairman and ranking member of each stand-
ing committee with jurisdiction under the rules of the 
House of Representatives or the Senate to report a bill
154 
to amend the provision of law under which the rule is 
issued. 
‘‘(2)(A) The Comptroller General shall provide a re-
port on each major rule to the committees of jurisdiction 
by the end of 15 calendar days after the submission or 
publication date. The report of the Comptroller General 
shall include an assessment of the agency’s compliance 
with procedural steps required by paragraph (1)(B) and 
an assessment of whether the major rule imposes any new 
limits or mandates on private-sector activity. 
‘‘(B) Federal agencies shall cooperate with the Comp-
troller General by providing information relevant to the 
Comptroller General’s report under subparagraph (A). 
‘‘(3) A major rule relating to a report submitted 
under paragraph (1) shall take effect upon enactment of 
a joint resolution of approval described in section 802 or 
as provided for in the rule following enactment of a joint 
resolution of approval described in section 802, whichever 
is later. 
‘‘(4) A nonmajor rule shall take effect as provided 
by section 803 after submission to Congress under para-
graph (1). 
‘‘(5) If a joint resolution of approval relating to a 
major rule is not enacted within the period provided in 
subsection (b)(2), then a joint resolution of approval relat-
155 
ing to the same rule may not be considered under this 
chapter in the same Congress by either the House of Rep-
resentatives or the Senate. 
‘‘(b)(1) A major rule shall not take effect unless the 
Congress enacts a joint resolution of approval described 
under section 802. 
‘‘(2) If a joint resolution described in subsection (a) 
is not enacted into law by the end of 70 session days or 
legislative days, as applicable, beginning on the date on 
which the report referred to in section 801(a)(1)(A) is re-
ceived by Congress (excluding days either House of Con-
gress is adjourned for more than 3 days during a session 
of Congress), then the rule described in that resolution 
shall be deemed not to be approved and such rule shall 
not take effect. 
‘‘(c)(1) Notwithstanding any other provision of this 
section (except subject to paragraph (3)), a major rule 
may take effect for one 90-calendar-day period if the 
President makes a determination under paragraph (2) and 
submits written notice of such determination to the Con-
gress. 
‘‘(2) Paragraph (1) applies to a determination made 
by the President by Executive order that the major rule 
should take effect because such rule is—
156 
‘‘(A) necessary because of an imminent threat 
to health or safety or other emergency; 
‘‘(B) necessary for the enforcement of criminal 
laws; 
‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘(3) An exercise by the President of the authority 
under this subsection shall have no effect on the proce-
dures under section 802. 
‘‘(d)(1) In addition to the opportunity for review oth-
erwise provided under this chapter, in the case of any rule 
for which a report was submitted in accordance with sub-
section (a)(1)(A) during the period beginning on the date 
occurring— 
‘‘(A) in the case of the Senate, 60 session days, 
or 
‘‘(B) in the case of the House of Representa-
tives, 60 legislative days, 
before the date the Congress is scheduled to adjourn a 
session of Congress through the date on which the same 
or succeeding Congress first convenes its next session, sec-
tions 802 and 803 shall apply to such rule in the suc-
ceeding session of Congress.
157 
‘‘(2)(A) In applying sections 802 and 803 for pur-
poses of such additional review, a rule described under 
paragraph (1) shall be treated as though— 
‘‘(i) such rule were published in the Federal 
Register on— 
‘‘(I) in the case of the Senate, the 15th 
session day, or 
‘‘(II) in the case of the House of Rep-
resentatives, the 15th legislative day, 
after the succeeding session of Congress first con-
venes; and 
‘‘(ii) a report on such rule were submitted to 
Congress under subsection (a)(1) on such date. 
‘‘(B) Nothing in this paragraph shall be construed 
to affect the requirement under subsection (a)(1) that a 
report shall be submitted to Congress before a rule can 
take effect. 
‘‘(3) A rule described under paragraph (1) shall take 
effect as otherwise provided by law (including other sub-
sections of this section). 
‘‘§ 802. Congressional approval procedure for major 
rules 
‘‘(a)(1) For purposes of this section, the term ‘joint 
resolution’ means only a joint resolution addressing a re-
158 
port classifying a rule as major pursuant to section 
801(a)(1)(A)(iii) that— 
‘‘(A) bears no preamble; 
‘‘(B) bears the following title (with blanks filled 
as appropriate): ‘Approving the rule submitted by 
lll relating to lll.’; 
‘‘(C) includes after its resolving clause only the 
following (with blanks filled as appropriate): ‘That 
Congress approves the rule submitted by lll re-
lating to lll.’; and 
‘‘(D) is introduced pursuant to paragraph (2). 
‘‘(2) After a House of Congress receives a report 
classifying a rule as major pursuant to section 
801(a)(1)(A)(iii), the majority leader of that House (or 
his or her respective designee) shall introduce (by request, 
if appropriate) a joint resolution described in paragraph 
(1)— 
‘‘(A) in the case of the House of Representa-
tives, within three legislative days; and 
‘‘(B) in the case of the Senate, within three ses-
sion days. 
‘‘(3) A joint resolution described in paragraph (1) 
shall not be subject to amendment at any stage of pro-
ceeding.
159 
‘‘(b) A joint resolution described in subsection (a) 
shall be referred in each House of Congress to the commit-
tees having jurisdiction over the provision of law under 
which the rule is issued. 
‘‘(c) In the Senate, if the committee or committees 
to which a joint resolution described in subsection (a) has 
been referred have not reported it at the end of 15 session 
days after its introduction, such committee or committees 
shall be automatically discharged from further consider-
ation of the resolution and it shall be placed on the cal-
endar. A vote on final passage of the resolution shall be 
taken on or before the close of the 15th session day after 
the resolution is reported by the committee or committees 
to which it was referred, or after such committee or com-
mittees have been discharged from further consideration 
of the resolution. 
‘‘(d)(1) In the Senate, when the committee or com-
mittees to which a joint resolution is referred have re-
ported, or when a committee or committees are discharged 
(under subsection (c)) from further consideration of a 
joint resolution described in subsection (a), it is at any 
time thereafter in order (even though a previous motion 
to the same effect has been disagreed to) for a motion 
to proceed to the consideration of the joint resolution, and 
all points of order against the joint resolution (and against
160 
consideration of the joint resolution) are waived. The mo-
tion is not subject to amendment, or to a motion to post-
pone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which 
the motion is agreed to or disagreed to shall not be in 
order. If a motion to proceed to the consideration of the 
joint resolution is agreed to, the joint resolution shall re-
main the unfinished business of the Senate until disposed 
of. 
‘‘(2) In the Senate, debate on the joint resolution, 
and on all debatable motions and appeals in connection 
therewith, shall be limited to not more than 2 hours, which 
shall be divided equally between those favoring and those 
opposing the joint resolution. A motion to further limit 
debate is in order and not debatable. An amendment to, 
or a motion to postpone, or a motion to proceed to the 
consideration of other business, or a motion to recommit 
the joint resolution is not in order. 
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (a), and a single quorum call at the conclusion of 
the debate if requested in accordance with the rules of the 
Senate, the vote on final passage of the joint resolution 
shall occur.
161 
‘‘(4) Appeals from the decisions of the Chair relating 
to the application of the rules of the Senate to the proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
‘‘(e) In the House of Representatives, if any com-
mittee to which a joint resolution described in subsection 
(a) has been referred has not reported it to the House 
at the end of 15 legislative days after its introduction, 
such committee shall be discharged from further consider-
ation of the joint resolution, and it shall be placed on the 
appropriate calendar. On the second and fourth Thursdays 
of each month it shall be in order at any time for the 
Speaker to recognize a Member who favors passage of a 
joint resolution that has appeared on the calendar for at 
least 5 legislative days to call up that joint resolution for 
immediate consideration in the House without intervention 
of any point of order. When so called up a joint resolution 
shall be considered as read and shall be debatable for 1 
hour equally divided and controlled by the proponent and 
an opponent, and the previous question shall be considered 
as ordered to its passage without intervening motion. It 
shall not be in order to reconsider the vote on passage. 
If a vote on final passage of the joint resolution has not 
been taken by the third Thursday on which the Speaker
162 
may recognize a Member under this subsection, such vote 
shall be taken on that day. 
‘‘(f)(1) If, before passing a joint resolution described 
in subsection (a), one House receives from the other a 
joint resolution having the same text, then— 
‘‘(A) the joint resolution of the other House 
shall not be referred to a committee; and 
‘‘(B) the procedure in the receiving House shall 
be the same as if no joint resolution had been re-
ceived from the other House until the vote on pas-
sage, when the joint resolution received from the 
other House shall supplant the joint resolution of 
the receiving House. 
‘‘(2) This subsection shall not apply to the House of 
Representatives if the joint resolution received from the 
Senate is a revenue measure. 
‘‘(g) If either House has not taken a vote on final 
passage of the joint resolution by the last day of the period 
described in section 801(b)(2), then such vote shall be 
taken on that day. 
‘‘(h) This section and section 803 are enacted by 
Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
tively, and as such is deemed to be part of the rules
163 
of each House, respectively, but applicable only with 
respect to the procedure to be followed in that 
House in the case of a joint resolution described in 
subsection (a) and superseding other rules only 
where explicitly so; and 
‘‘(2) with full recognition of the Constitutional 
right of either House to change the rules (so far as 
they relate to the procedure of that House) at any 
time, in the same manner and to the same extent as 
in the case of any other rule of that House. 
‘‘§ 803. 
Congressional 
disapproval 
procedure 
for 
nonmajor rules 
‘‘(a) For purposes of this section, the term ‘joint res-
olution’ means only a joint resolution introduced in the 
period beginning on the date on which the report referred 
to in section 801(a)(1)(A) is received by Congress and 
ending 60 days thereafter (excluding days either House 
of Congress is adjourned for more than 3 days during a 
session of Congress), the matter after the resolving clause 
of which is as follows: ‘That Congress disapproves the 
nonmajor rule submitted by the lll relating to 
lll, and such rule shall have no force or effect.’ (The 
blank spaces being appropriately filled in).
164 
‘‘(b) A joint resolution described in subsection (a) 
shall be referred to the committees in each House of Con-
gress with jurisdiction. 
‘‘(c) In the Senate, if the committee to which is re-
ferred a joint resolution described in subsection (a) has 
not reported such joint resolution (or an identical joint 
resolution) at the end of 15 session days after the date 
of introduction of the joint resolution, such committee may 
be discharged from further consideration of such joint res-
olution upon a petition supported in writing by 30 Mem-
bers of the Senate, and such joint resolution shall be 
placed on the calendar. 
‘‘(d)(1) In the Senate, when the committee to which 
a joint resolution is referred has reported, or when a com-
mittee is discharged (under subsection (c)) from further 
consideration of a joint resolution described in subsection 
(a), it is at any time thereafter in order (even though a 
previous motion to the same effect has been disagreed to) 
for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolu-
tion (and against consideration of the joint resolution) are 
waived. The motion is not subject to amendment, or to 
a motion to postpone, or to a motion to proceed to the 
consideration of other business. A motion to reconsider the 
vote by which the motion is agreed to or disagreed to shall
165 
not be in order. If a motion to proceed to the consideration 
of the joint resolution is agreed to, the joint resolution 
shall remain the unfinished business of the Senate until 
disposed of. 
‘‘(2) In the Senate, debate on the joint resolution, 
and on all debatable motions and appeals in connection 
therewith, shall be limited to not more than 10 hours, 
which shall be divided equally between those favoring and 
those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment 
to, or a motion to postpone, or a motion to proceed to 
the consideration of other business, or a motion to recom-
mit the joint resolution is not in order. 
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (a), and a single quorum call at the conclusion of 
the debate if requested in accordance with the rules of the 
Senate, the vote on final passage of the joint resolution 
shall occur. 
‘‘(4) Appeals from the decisions of the Chair relating 
to the application of the rules of the Senate to the proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate.
166 
‘‘(e) In the Senate the procedure specified in sub-
section (c) or (d) shall not apply to the consideration of 
a joint resolution respecting a nonmajor rule— 
‘‘(1) after the expiration of the 60 session days 
beginning with the applicable submission or publica-
tion date, or 
‘‘(2) if the report under section 801(a)(1)(A) 
was submitted during the period referred to in sec-
tion 801(d)(1), after the expiration of the 60 session 
days beginning on the 15th session day after the 
succeeding session of Congress first convenes. 
‘‘(f) If, before the passage by one House of a joint 
resolution of that House described in subsection (a), that 
House receives from the other House a joint resolution 
described in subsection (a), then the following procedures 
shall apply: 
‘‘(1) The joint resolution of the other House 
shall not be referred to a committee. 
‘‘(2) With respect to a joint resolution described 
in subsection (a) of the House receiving the joint 
resolution— 
‘‘(A) the procedure in that House shall be 
the same as if no joint resolution had been re-
ceived from the other House; but
167 
‘‘(B) the vote on final passage shall be on 
the joint resolution of the other House. 
‘‘§ 804. Definitions 
‘‘For purposes of this chapter— 
‘‘(1) The term ‘Federal agency’ means any 
agency as that term is defined in section 551(1). 
‘‘(2) The term ‘major rule’ means any rule, in-
cluding an interim final rule, that the Administrator 
of the Office of Information and Regulatory Affairs 
of the Office of Management and Budget finds— 
‘‘(A) has resulted in or is likely to result 
in— 
‘‘(i) an annual effect on the economy 
of $50,000,000 or more; 
‘‘(ii) a major increase in costs or 
prices for consumers, individual industries, 
Federal, State, or local government agen-
cies, or geographic regions; or 
‘‘(iii) significant adverse effects on 
competition, employment, investment, pro-
ductivity, innovation, or on the ability of 
United States-based enterprises to compete 
with foreign-based enterprises in domestic 
and export markets; or
168 
‘‘(B) is made by the Administrator of the 
Environmental Protection Agency and that 
would have a significant impact on a substan-
tial number of agricultural entities, as deter-
mined by the Secretary of Agriculture (who 
shall publish such determination in the Federal 
Register); 
‘‘(C) is a rule that implements or provides 
for the imposition or collection of a carbon tax; 
or 
‘‘(D) is made under the Patient Protection 
and Affordable Care Act (Public Law 111– 
148). 
‘‘(3) The term ‘nonmajor rule’ means any rule 
that is not a major rule. 
‘‘(4) The term ‘rule’ has the meaning given 
such term in section 551, except that such term does 
not include any rule of particular applicability, in-
cluding a rule that approves or prescribes for the fu-
ture rates, wages, prices, services, or allowances 
therefore, corporate or financial structures, reorga-
nizations, mergers, or acquisitions thereof, or ac-
counting practices or disclosures bearing on any of 
the foregoing.
169 
‘‘(5) The term ‘submission date or publication 
date’, except as otherwise provided in this chapter, 
means— 
‘‘(A) in the case of a major rule, the date 
on which the Congress receives the report sub-
mitted under section 801(a)(1); and 
‘‘(B) in the case of a nonmajor rule, the 
later of— 
‘‘(i) the date on which the Congress 
receives the report submitted under section 
801(a)(1); and 
‘‘(ii) the date on which the nonmajor 
rule is published in the Federal Register, if 
so published. 
‘‘(6) The term ‘agricultural entity’ means any 
entity involved in or related to agricultural enter-
prise, including enterprises that are engaged in the 
business of production of food and fiber, ranching 
and raising of livestock, aquaculture, and all other 
farming and agricultural related industries. 
‘‘(7) The term ‘carbon tax’ means a fee, levy, 
or price on— 
‘‘(A) emissions, including carbon dioxide 
emissions generated by the burning of coal, nat-
ural gas, or oil; or
170 
‘‘(B) coal, natural gas, or oil based on 
emissions, including carbon dioxide emissions 
that would be generated through the fuel’s com-
bustion. 
‘‘§ 805. Judicial review 
‘‘(a) No determination, finding, action, or omission 
under this chapter shall be subject to judicial review. 
‘‘(b) Notwithstanding subsection (a), a court may de-
termine whether a Federal agency has completed the nec-
essary requirements under this chapter for a rule to take 
effect. 
‘‘(c) The enactment of a joint resolution of approval 
under section 802 shall not be interpreted to serve as a 
grant or modification of statutory authority by Congress 
for the promulgation of a rule, shall not extinguish or af-
fect any claim, whether substantive or procedural, against 
any alleged defect in a rule, and shall not form part of 
the record before the court in any judicial proceeding con-
cerning a rule except for purposes of determining whether 
or not the rule is in effect. 
‘‘§ 806. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the 
Board of Governors of the Federal Reserve System or the 
Federal Open Market Committee.
171 
‘‘§ 807. Effective date of certain rules 
‘‘Notwithstanding section 801— 
‘‘(1) any rule that establishes, modifies, opens, 
closes, or conducts a regulatory program for a com-
mercial, recreational, or subsistence activity related 
to hunting, fishing, or camping; or 
‘‘(2) any rule other than a major rule which an 
agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefore in 
the rule issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary 
to the public interest, 
shall take effect at such time as the Federal agency pro-
mulgating the rule determines.’’. 
SEC. 104. BUDGETARY EFFECTS OF RULES SUBJECT TO 
SECTION 802 OF TITLE 5, UNITED STATES 
CODE. 
Section 257(b)(2) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 is amended by adding 
at the end the following new subparagraph: 
‘‘(E) BUDGETARY
EFFECTS
OF
RULES 
SUBJECT TO SECTION 802 OF TITLE 5, UNITED 
STATES CODE.—Any rules subject to the con-
gressional approval procedure set forth in sec-
tion 802 of chapter 8 of title 5, United States 
Code, affecting budget authority, outlays, or re-
172 
ceipts shall be assumed to be effective unless it 
is not approved in accordance with such sec-
tion.’’. 
SEC. 105. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 
OF RULES. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study to determine, as of 
the date of the enactment of this Act— 
(1) how many rules (as such term is defined in 
section 804 of title 5, United States Code) were in 
effect; 
(2) how many major rules (as such term is de-
fined in section 804 of title 5, United States Code) 
were in effect; and 
(3) the total estimated economic cost imposed 
by all such rules. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall submit a report to Congress that 
contains the findings of the study conducted under sub-
section (a).
173 
TITLE II—PERMANENT 
INTERNET TAX FREEDOM 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Permanent Internet 
Tax Freedom Act’’. 
SEC. 202. PERMANENT MORATORIUM ON INTERNET AC-
CESS TAXES AND MULTIPLE AND DISCRIMI-
NATORY TAXES ON ELECTRONIC COMMERCE. 
(a) IN GENERAL.—Section 1101(a) of the Internet 
Tax Freedom Act (47 U.S.C. 151 note) is amended by 
striking ‘‘ during the period beginning November 1, 2003, 
and ending November 1, 2014’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to taxes imposed after the date 
of the enactment of this Act. 
DIVISION V—NATURAL 
RESOURCES 
SUBDIVISION 
A—RESTORING 
HEALTHY 
FORESTS 
FOR 
HEALTHY COMMUNITIES 
SEC. 100. SHORT TITLE. 
This subdivision may be cited as the ‘‘Restoring 
Healthy Forests for Healthy Communities Act’’.
174 
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-
175 
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.—
176 
(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.
177 
(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.
178 
(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
179 
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
180 
(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.
181 
(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
182 
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.
183 
(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 subdivi-
sion. Section 6(g)(3)(E)(iv) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 
1604(g)(3)(E)(iv)) shall not apply to a covered forest re-
serve project. 
(e) COMPLIANCE
WITH
ENDANGERED
SPECIES 
ACT.—
184 
(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—
185 
(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
186 
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.
187 
(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
188 
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.
189 
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).
190 
(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
191 
(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
192 
(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.—
193 
(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.
194 
(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 or 2014, the hazardous fuel re-
duction 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
195 
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.
196 
(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.
197 
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.
198 
(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
199 
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:
200 
(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.
201 
(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
202 
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—
203 
(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.
204 
(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.
205 
(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.
206 
(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
207 
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
208 
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
209 
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-
210 
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
211 
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—
212 
(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-
213 
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:
214 
(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
215 
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.
216 
(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.
217 
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
218 
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.
219 
(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—
220 
(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-
221 
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).
222 
(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
223 
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,
224 
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.—
225 
(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)).
226 
(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
227 
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
228 
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.
229 
(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
230 
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.
231 
(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-
232 
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
233 
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-
234 
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.
235 
(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-
236 
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
237 
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
238 
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.
239 
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.
240 
(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-
241 
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
242 
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.
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
244 
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.
245 
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
246 
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.—
247 
(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.
248 
(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
249 
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.
250 
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
251 
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
252 
(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
253 
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
254 
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.
255 
(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
256 
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
257 
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
258 
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.
259 
(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.—
260 
(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
261 
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.
262 
‘‘(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—
263 
(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:
264 
‘‘(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-
265 
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.—
266 
‘‘(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
267 
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
268 
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,
269 
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.
270 
‘‘(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.
271 
‘‘(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.—
272 
‘‘(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.
273 
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.
274 
(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.
275 
(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
276 
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.
277 
(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
278 
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
279 
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.
280 
(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. 393. MAP AND LEGAL DESCRIPTION. 
(a) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, the Secretary of the Interior 
shall file a map and legal description of the Council Creek 
land with— 
(1) the Committee on Energy and Natural 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.
281 
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-