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 
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distance equal to one-half the height of a site 
potential tree on both sides of the stream chan-
nel. For purposes of this subparagraph, the 
stream channel boundaries are the lines of ordi-
nary high water. 
(B) LARGER
LAKES, PONDS
AND
RES-
ERVOIRS.—For all lakes, ponds, and reservoirs 
with surface area larger than one quarter of 
one acre, there shall be no removal of timber 
within a distance equal to the height of one site 
potential tree from the line of ordinary high 
water of the water body. 
(C) SMALL
PONDS
AND
NATURAL
WET-
LANDS, SPRINGS
AND
SEEPS.—For all ponds 
with surface area one quarter acre or less, and 
for all natural wetlands, springs and seeps, 
there shall be no removal of timber within the 
area dominated by riparian vegetation. 
(2) MEASUREMENTS.—For purposes of para-
graph (1), all distances shall be measured along 
slopes, and all site potential tree heights shall be av-
erage height at maturity of the dominant species of 
conifer determined at a scale no finer than the appli-
cable fifth field watershed. 
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(3) RULES
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall be construed— 
(A) to prohibit the falling or placement of 
timber into streams to create large woody de-
bris for the benefit of aquatic ecosystems; or 
(B) to prohibit the falling of trees within 
riparian areas as may be reasonably necessary 
for safety or operational reasons in areas adja-
cent to the riparian areas, or for road construc-
tion or maintenance pursuant to section 
312(c)(3). 
(j) FIRE
PROTECTION
AND
EMERGENCY
RE-
SPONSE.— 
(1) RECIPROCAL
FIRE
PROTECTION
AGREE-
MENTS.— 
(A) CONTINUATION
OF
AGREEMENTS.— 
Subject to subparagraphs (B), (C), and (D), 
any reciprocal fire protection agreement be-
tween the State or any other entity and the 
Secretary concerned with regard to Oregon and 
California Railroad Grant lands and O&C Re-
gion Public Domain lands in effect on the date 
of the enactment of this Act shall remain in 
place for a period of ten years after such date 
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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. 
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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-
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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 
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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-
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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. 
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(2) REVENUES.—Following the transition pe-
riod, five percent of the O&C Trust’s annual net op-
erating revenue, after deduction of all management 
costs and expenses, including the payment required 
under section 317, shall be deposited to the O&C 
Trust Conservation Fund. 
(3) 
EXPENDITURES
FROM
CONSERVATION 
FUND.—The Board of Trustees shall use amounts 
from the O&C Trust Conservation Fund only— 
(A) to fund the voluntary acquisition of 
conservation easements from willing private 
landowners in the State; 
(B) to fund watershed restoration, remedi-
ation and enhancement projects within the 
State; or 
(C) to contribute to balancing values in a 
land exchange with willing private landowners 
proposed under section 323(b), if the land ex-
change will result in a net increase in ecosystem 
benefits for fish, wildlife, or rare native plants. 
SEC. 316. LAND EXCHANGE AUTHORITY. 
(a) AUTHORITY.—Subject to approval by the Sec-
retary concerned, the Board of Trustees may negotiate 
proposals for land exchanges with owners of lands adja-
cent to O&C Trust lands in order to create larger contig-
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uous blocks of land under management by the O&C Trust 
to facilitate resource management, to improve conserva-
tion value of such lands, or to improve the efficiency of 
management of such lands. 
(b) APPROVAL
REQUIRED; CRITERIA.—The Sec-
retary concerned may approve a land exchange proposed 
by the Board of Trustees administratively if the exchange 
meets the following criteria: 
(1) The non-Federal lands are completely with-
in the State. 
(2) The non-Federal lands have high timber 
production value, or are necessary for more efficient 
or effective management of adjacent or nearby O&C 
Trust lands. 
(3) The non-Federal lands have equal or great-
er value to the O&C Trust lands proposed for ex-
change. 
(4) The proposed exchange is reasonably likely 
to increase the net income to the O&C Trust coun-
ties over the next 20 years and not decrease the net 
income to the O&C Trust counties over the next 10 
years. 
(c) ACREAGE LIMITATION.—The Secretary concerned 
shall not approve land exchanges under this section that, 
taken together with all previous exchanges involving the 
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O&C Trust lands, have the effect of reducing the total 
acreage of the O&C Trust lands by more than five percent 
from the total acreage to be designated as O&C Trust land 
under section 311(c)(1). 
(d) INAPPLICABILITY OF CERTAIN LAWS.—Section 3 
of the Oregon Public Lands Transfer and Protection Act 
of 1998 (Public Law 105–321; 112 Stat. 3022), the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et. seq.), including the amendments made by the 
Federal Land Exchange Facilitation Act of 1988 (Public 
Law 100–409; 102 Stat. 1086), the Act of March 20, 
1922 (16 U.S.C. 485, 486), and the Act of March 1, 1911 
(commonly known as the Weeks Act; 16 U.S.C. 480 et 
seq.) shall not apply to the land exchange authority pro-
vided by this section. 
(e) EXCHANGES WITH FOREST SERVICE.— 
(1) EXCHANGES AUTHORIZED.—The Board of 
Trustees is authorized to engage in land exchanges 
with the Forest Service if approved by the Secretary 
pursuant to section 323(c). 
(2) MANAGEMENT
OF
EXCHANGED
LANDS.— 
Following completion of a land exchange under para-
graph (1), the management requirements applicable 
to the newly acquired lands by the O&C Trust or the 
Forest Service shall be the same requirements under 
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this subtitle applicable to the other lands that are 
managed by the O&C Board or the Forest Service. 
SEC. 317. PAYMENTS TO THE UNITED STATES TREASURY. 
As soon as practicable after the end of the third fiscal 
year of the transition period and in each of the subsequent 
seven fiscal years, the O&C Trust shall submit a payment 
of $10,000,000 to the United States Treasury. 
CHAPTER 2—TRANSFER OF CERTAIN 
LANDS TO FOREST SERVICE 
SEC. 321. TRANSFER OF CERTAIN OREGON AND CALI-
FORNIA RAILROAD GRANT LANDS TO FOREST 
SERVICE. 
(a) TRANSFER REQUIRED.—The Secretary of the In-
terior shall transfer administrative jurisdiction over all Or-
egon and California Railroad Grant lands and O&C Re-
gion Public Domain lands not designated as O&C Trust 
lands by subparagraphs (A) through (F) of section 
311(c)(1), including those lands excluded by section 
311(c)(2), to the Secretary of Agriculture for inclusion in 
the National Forest System and administration by the 
Forest Service as provided in section 322. 
(b) EXCEPTION.—This section does not apply to 
Tribal lands transferred under subtitle D. 
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SEC. 322. MANAGEMENT OF TRANSFERRED LANDS BY FOR-
EST SERVICE. 
(a) ASSIGNMENT
TO EXISTING NATIONAL FOR-
ESTS.—To the greatest extent practicable, management 
responsibilities for the lands transferred under section 321 
shall be assigned to the unit of the National Forest Sys-
tem geographically closest to the transferred lands. The 
Secretary of Agriculture shall have ultimate decision-mak-
ing authority, but shall assign the transferred lands to a 
unit not later than the applicable transfer date provided 
in the transition period. 
(b) APPLICATION OF NORTHWEST FOREST PLAN.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the lands transferred under section 321 
shall be managed under the Northwest Forest Plan 
and shall retain Northwest Forest Plan land use 
designations until or unless changed in the manner 
provided by Federal laws applicable to the adminis-
tration and management of the National Forest Sys-
tem. 
(2) EXCEPTION
FOR
CERTAIN
DESIGNATED 
LANDS.—The lands excluded from the O&C Trust by 
subparagraphs (A) through (F) of section 311(c)(2) 
and transferred to the Forest Service under section 
321 shall be managed as provided by Federal laws 
applicable to the lands. 
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(c) PROTECTION OF OLD GROWTH.—Old growth, as 
defined by the Old Growth Review Panel pursuant to rule-
making conducted in accordance with section 553 of title 
5, United States Code, shall not be harvested by the For-
est Service on lands transferred under section 321. 
(d) EMERGENCY RESPONSE TO FIRE.—Subject to 
section 314(i), if the Secretary of Agriculture determines 
that fire on any of the lands transferred under section 321 
is burning uncontrolled or the Secretary or contracted 
party does not have readily and immediately available per-
sonnel and equipment to control or extinguish the fire, the 
Secretary, or any forest protective association or agency 
under contract or agreement with the Secretary for the 
protection of forestland against fire, and within whose pro-
tection area the fire exists, shall summarily and aggres-
sively abate the nuisance thus controlling and extin-
guishing the fire. 
SEC. 323. MANAGEMENT EFFICIENCIES AND EXPEDITED 
LAND EXCHANGES. 
(a) LAND EXCHANGE AUTHORITY.—The Secretary 
of Agriculture may conduct land exchanges involving lands 
transferred under section 321, other than the lands ex-
cluded from the O&C Trust by subparagraphs (A) through 
(F) of section 311(c)(2), in order create larger contiguous 
blocks of land under management of the Secretary to fa-
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cilitate resource management, to improve conservation 
value of such lands, or to improve the efficiency of man-
agement of such lands. 
(b) CRITERIA FOR EXCHANGES WITH NON-FEDERAL 
OWNERS.—The Secretary of Agriculture may conduct a 
land exchange administratively under this section with a 
non-Federal owner (other than the O&C Trust) if the land 
exchange meets the following criteria: 
(1) The non-Federal lands are completely with-
in the State. 
(2) The non-Federal lands have high wildlife 
conservation or recreation value or the exchange is 
necessary to increase management efficiencies of 
lands administered by the Forest Service for the 
purposes of the National Forest System. 
(3) The non-Federal lands have equal or great-
er value to the Federal lands purposed for exchange 
or a balance of values can be achieved— 
(A) with a grant of funds provided by the 
O&C Trust pursuant to section 315(c); or 
(B) from other sources. 
(c) CRITERIA FOR EXCHANGES WITH O&C TRUST.— 
The Secretary of Agriculture may conduct land exchanges 
with the Board of Trustees administratively under this 
subsection, and such an exchange shall be deemed to not 
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involve any Federal action or Federal discretionary in-
volvement or control if the land exchange with the O&C 
Trust meets the following criteria: 
(1) The O&C Trust lands to be exchanged have 
high wildlife value or ecological value or the ex-
change would facilitate resource management or oth-
erwise contribute to the management efficiency of 
the lands administered by the Forest Service. 
(2) The exchange is requested or approved by 
the Board of Trustees for the O&C Trust and will 
not impair the ability of the Board of Trustees to 
meet its fiduciary responsibilities. 
(3) The lands to be exchanged by the Forest 
Service do not contain stands of timber meeting the 
definition of old growth established by the Old 
Growth Review Panel pursuant to section 324. 
(4) The lands to be exchanged are equal in 
acreage. 
(d) ACREAGE LIMITATION.—The Secretary of Agri-
culture shall not approve land exchanges under this sec-
tion that, taken together with all previous exchanges in-
volving the lands described in subsection (a), have the ef-
fect of reducing the total acreage of such lands by more 
than five percent from the total acreage originally trans-
ferred to the Secretary. 
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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. 
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(A) the total amount distributed to all 
such counties for fiscal year 2010 under sub-
section (c)(1) of such section; and 
(B) $27,000,000. 
(2) COUNTY SHARE.—From the total amount 
determined under paragraph (1), each county de-
scribed in such paragraph shall receive, during the 
month of February 2015, an amount that bears the 
same proportion to the total amount made available 
under such paragraph as that county’s payment for 
fiscal year 2010 under subsection (c)(1) of section 
102 of the Secure Rural Schools and Community 
Self-Determination Act of 2000 (16 U.S.C. 7112) 
bears to the total amount distributed to all such 
counties for fiscal year 2010 under such subsection. 
(c) EFFECT ON 25-PERCENT AND 50-PERCENT PAY-
MENTS.—A county that receives a payment made under 
subsection (a) or (b) may not receive a 25-percent pay-
ment or 50-percent payment (as those terms are defined 
in section 3 of the Secure Rural Schools and Community 
Self-Determination Act of 2000 (16 U.S.C. 7102)) for fis-
cal year 2015. 
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