II 113th CONGRESS 1st Session S. 1784 IN THE SENATE OF THE UNITED STATES December 9, 2013 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To improve timber management on Oregon and California Railroad and Coos Bay Wagon Road grant land, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Oregon and California Land Grant Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Management on Oregon and California Railroad and Coos Bay Wagon Road grant land Sec. 101. Management on Oregon and California Railroad and Coos Bay Wagon Road grant land. Sec. 102. Distribution of funds. Sec. 103. Wild and Scenic River designations. TITLE II—Tribal land Subtitle A—Oregon Coastal Land Conveyance Sec. 201. Definitions. Sec. 202. Conveyance. Sec. 203. Map and legal description. Sec. 204. Administration. Sec. 205. Forest management. Sec. 206. Land reclassification. Subtitle B—Canyon Mountain Land Conveyance Sec. 211. Definitions. Sec. 212. Conveyance. Sec. 213. Map and legal description. Sec. 214. Administration. Sec. 215. Forest management. Sec. 216. Land reclassification. Subtitle C—Amendments to Coquille Restoration Act Sec. 221. Amendments to Coquille Restoration Act. TITLE III—Oregon treasures Subtitle A—Wild Rogue Wilderness Area Sec. 301. Wild Rogue Wilderness Area. Subtitle B—Devil’s Staircase Wilderness Sec. 311. Definitions. Sec. 312. Devil’s Staircase Wilderness, Oregon. Sec. 313. Wild and Scenic River designations, Wasson Creek and Franklin Creek, Oregon. Subtitle C—Additional wild and scenic river designations and technical corrections Sec. 321. Designation of Wild and Scenic River segments, Molalla River, Oregon. Sec. 322. Technical corrections to the Wild and Scenic Rivers Act. I Management on Oregon and California Railroad and Coos Bay Wagon Road grant land 101. Management on Oregon and California Railroad and Coos Bay Wagon Road grant land The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), is amended— (1) by redesignating sections 2, 4, and 5 ( 43 U.S.C. 1181b , 1181d, 1181e) as sections 119, 120, and 121, respectively; and (2) by striking the first section and inserting the following: 1. Short title This Act may be cited as the Oregon and California Land Grant Act . 2. Definitions In this Act: (1) Archeological site The term archeological site means any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register under section 106 of the National Historic Preservation Act (16 U.S.C. 470f). (2) Conservation emphasis area The term conservation emphasis area means covered land that is devoted to conservation uses as designated on the map under section 102(a)(2). (3) Covered land The term covered land means Oregon and California Railroad and Coos Bay Wagon Road grant land described in section 101. (4) Department The term Department means the Department of the Interior. (5) Dry forest The term dry forest means— (A) during the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 , land generally depicted as dry forest on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry forest assignment in specific locations based on an on-the-ground field examination by the Secretary; and (B) after the period described in subparagraph (A), land designated as dry forest by the Secretary under section 103(b). (6) Ecological forestry The term ecological forestry means forestry that— (A) incorporates principles of natural forest development (including the role of natural disturbances) in the initiation, development, and maintenance of stands and landscape mosaics; and (B) is based on the application of the best available ecological understanding of forest ecosystems in managing those ecosystems to achieve integrated environmental, economic, and cultural outcomes. (7) Forestry emphasis area The term forestry emphasis area means covered land that is primarily devoted to a sustained yield of timber harvest over time, as designated on the map under section 102(a)(1). (8) Key watershed The term key watershed means a watershed that— (A) is critical to 1 or more populations of native fish; (B) provides high quality water; and (C) is the same as 1 of the key watersheds designated under the Northwest Forest Plan. (9) Moist forest The term moist forest means— (A) during the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 , land generally depicted as moist forest on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry forest assignment in specific locations based on an on-the-ground field examination by the Secretary; and (B) after the period described in subparagraph (A), land designated as moist forest by the Secretary under section 103(b). (10) Monument The term Monument means the Cascade-Siskiyou National Monument (as defined in section 1401 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 431 note; Public Law 111–11 )). (11) Nest tree (A) In general The term nest tree means a tree that— (i) is currently in use by a northern spotted owl for nesting; or (ii) has been documented to have been used by a northern spotted owl for nesting during the previous 5-year period. (B) Exclusion The term nest tree does not include a tree that has been used by a northern spotted owl for nesting during the previous 5-year period if the tree— (i) is located in an area in which a major disturbance (such as a crown fire, tree defoliating insect or disease outbreak, or blow down) has occurred during the period; and (ii) is not currently being occupied by a northern spotted owl. (12) Old growth The term old growth means— (A) in the case of a moist forest, trees that are— (i) greater than 150 years of age measured at breast height; or (ii) (I) in a stand of trees in which the average stand age is 120 years or greater as of the date of enactment of the Oregon and California Land Grant Act of 2013 ; and (II) generally depicted as old growth stands on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network and dated November 18, 2013; and (B) in the case of a dry forest, trees that are greater than 150 years of age measured at breast height. (13) Older trees The term older trees means trees that are older than 100 years of age but less than 150 years of age measured at breast height as of the date of enactment of the Oregon and California Land Grant Act of 2013 . (14) Residence The term residence means a privately owned, permanent structure that is— (A) maintained for habitation as a dwelling or workplace; and (B) located in an area with a density that is greater than 1 structure per 20 acres. (15) Riparian reserve The term riparian reserve means an area that is— (A) solely devoted to achieving the goals for the aquatic conservation strategy described in section 102(e); and (B) generally located along a river, stream, lake, wetland, or other hydrologic feature or unstable or potentially unstable area for which special standards and guidelines direct land use. (16) Salmon (A) In general The term salmon means any of the wild anadromous Oncorhynchus species that occur in the State. (B) Inclusions The term salmon includes— (i) chinook salmon (Oncorhynchus tshawytscha); (ii) coho salmon (Oncorhynchus kisutch); (iii) chum salmon (Oncorhynchus keta); (iv) steelhead trout (Oncorhynchus mykiss); and (v) coastal cutthroat trout (Oncorhynchus clarkii clarkii). (17) Secretary The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. (18) Site-potential tree height The term site-potential tree height means the average maximum height of the tallest dominant trees that are 200 years of age for a given site class. (19) Stands less than or equal to 80 years of age The term stands less than or equal to 80 years of age means stands of trees in forestry emphasis areas that are less than or equal to 80 years of age as generally depicted on the map entitled O&C Land Grant Act of 2013: Forest Stands Less Than or Equal to 80 Years of Age and dated November 18, 2013. (20) State The term State means the State of Oregon. (21) Sustained yield The term sustained yield means the timber yield that can be sustained under a specific management intensity consistent with multiple-use objectives on forestry emphasis areas. (22) Tree tipping The term tree tipping means the intentional felling and placement of trees in a stream or on the forest floor during timber harvest operations. (23) Watershed analysis The term watershed analysis means an analysis of the geomorphic and ecological processes in watersheds to determine the ecological importance of streams and riparian areas. (24) Watershed protection The term watershed protection means sustaining and enhancing watershed functions that affect the plant, animal, and human communities within a watershed boundary. (25) Watershed restoration The term watershed restoration means a comprehensive, long-term restoration intended to restore watershed health and an aquatic ecosystem, including the habitat supporting fish and other aquatic and riparian-dependent organisms and the ecological processes that create and maintain habitats. I Management on Oregon and California Railroad and Coos Bay Wagon Road grant land 101. Land management (a) In general Notwithstanding the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Act of February 26, 1919 (40 Stat. 1179, chapter 47), such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant land as are under the jurisdiction of the Department and are classified as timberland or power-site land valuable for timber shall be managed in accordance with this Act. (b) Effect Except as specifically provided in this Act, nothing in this Act modifies any designation or conveyance of any portion of the covered area as in effect on the day before the date of enactment of the Oregon and California Land Grant Act of 2013 . 102. Allocation and management of covered land (a) In general As designated on the map entitled O&C Land Grant Act of 2013: Forestry Emphasis Areas and Conservation Emphasis Areas and dated November 18, 2013, covered land shall be allocated into— (1) forestry emphasis areas; and (2) conservation emphasis areas. (b) Management Covered land shall be managed in a manner that is consistent with this Act and under management strategies that— (1) consider human and economic dimensions of the management of covered land; (2) protect the long-term health of forests, wildlife, and waterways; (3) are scientifically sound, ecologically credible, and legally responsible; (4) produce a predictable and sustainable level of timber sales and nontimber resources that do not significantly degrade the environment; and (5) emphasize collaboration among the Federal agencies responsible for management of covered land. (c) Forestry emphasis areas (1) In general Forestry emphasis areas shall be managed for permanent forest production. (2) Timber Timber from forestry emphasis areas shall be sold, cut, and removed in conformity with the principle of sustained yield and ecological forestry for the purposes of— (A) providing a permanent source of timber supply; (B) protecting watersheds; (C) regulating stream flow; (D) contributing to the economic stability of local communities and industries; and (E) providing recreational facilities and opportunities. (d) Old growth trees (1) In general Except as provided in paragraph (3), the Secretary shall prohibit the cutting or removal of any old growth in a covered area. (2) Legacy old growth protection network (A) In general The stands depicted on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network and dated November 18, 2013, shall be designated as the Legacy Old Growth Protection Network to provide for the protection, preservation, and enhancement of ecological, scenic, cultural, watershed, and fish and wildlife values. (B) Management The Secretary shall— (i) prohibit harvest of trees within the areas designated under subparagraph (A); and (ii) only allow uses that are consistent with the purposes described in subparagraph (A). (3) Exceptions (A) In general Paragraph (1) shall not apply if the Secretary determines that there is no reasonable alternative to the cutting or removal of an old growth tree for a purpose described in this paragraph. (B) Administrative purposes An old growth tree may be cut or removed for administrative purposes to carry out a construction or maintenance project if the project would cost more than an additional $3,000 to complete to meet the objectives of the project if the old growth tree is not removed. (C) Public safety purposes An old growth tree may be cut or removed for public safety purposes if— (i) a federally employed forester or certified arborist determines the old growth tree is likely to fall within 1 year; and (ii) the fall of the old growth tree could— (I) injure a member of the public or an employee of the Department that regularly is in the vicinity of the old growth tree; or (II) cause property damage in excess of $3,000. (D) Scientific purposes An old growth tree may be cut or removed for scientific purposes as part of a research project if the Director of the National Applied Resource Sciences Center— (i) approves the research project; and (ii) determines there is an advantageous reason to cut an old growth tree on land on which the research project will be carried out rather than on other land managed by the Secretary. (E) Special use purposes (i) In general An old growth tree may be cut or removed for special use purposes that are limited to— (I) a utility right-of-way, if there is no reasonable alternative; or (II) a cultural use by a federally recognized Indian tribe. (ii) Informal rulemaking Before allowing a special use under this subparagraph, the Secretary shall conduct an informal rulemaking with a 90-day public comment period. (F) Administration In carrying out this paragraph, the Secretary shall— (i) provide public notice of the location of the trees; (ii) certify the reasons for allowing the cutting or removal of old growth trees under this paragraph; and (iii) seek public comment on the cutting or removal for at least 7 days if more than 5 trees will be cut or removed within a 30-day period in the same 5-level hydrologic unit code watershed. (G) Commercial sale Any tree cut or removed under this paragraph may not be sold commercially. (4) Old growth identification Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall develop protocols for identifying trees greater than 150 years of age at breast height. (e) Water quality protection (1) In general The primary focus of aquatic and riparian protection in the covered area shall be to protect, maintain, and restore natural ecological functions and processes beneficial to water quality and quantity, including temperature and turbidity, native fish and wildlife, and watershed resilience, including the continued provision of ecosystem services. (2) Aquatic conservation strategy (A) In general The Secretary shall carry out an aquatic conservation strategy to promote the objectives described in paragraph (1) and the resiliency of the aquatic ecosystems consistent with the goals of the aquatic conservation strategy. (B) Goals The goals of the aquatic conservation strategy shall be— (i) to protect, maintain, and restore aquatic ecosystems and the associated ecological processes for fish, other aquatic organisms, riparian-dependent species, and human needs across a region; (ii) to manage aquatic ecosystems in a manner that recognizes that fish and other aquatic organisms evolved within a dynamic environment that is constantly influenced and changed by geomorphic and ecological disturbances; (iii) to protect important drinking water source areas and maintain and restore water quality necessary to support healthy riparian, aquatic, and wetland ecosystems; and (iv) to protect, maintain, and restore in-stream flows sufficient to create and sustain riparian, aquatic, and wetland habitats and to retain patterns of sediment, nutrient, and wood routing. (3) Program components The aquatic conservation strategy shall incorporate the key components of the aquatic conservation strategy described in paragraph (2), which shall operate to maintain and restore the productivity and resiliency of riparian and aquatic ecosystems, including— (A) riparian reserves; (B) watershed analysis; (C) key watersheds; and (D) watershed restoration. (4) Riparian reserves (A) In general Riparian reserves shall be established in the covered area to protect, maintain, and restore ecosystem health at watershed and landscape scales and to promote the objectives described in paragraph (1), consistent with section 103(f) for the forestry emphasis areas and section 105(c) for the conservation emphasis areas. (B) Riparian reserve management (i) In general Management and restoration activities in riparian reserves shall only be undertaken to protect, maintain, or restore aquatic resources as provided in this subsection. (ii) Timber harvest Except as provided in section 103(f), timber harvest in riparian reserves shall only occur in stands less than or equal to 80 years of age. (5) Standards for key watersheds (A) In general Key watersheds, drinking water emphasis areas, and drinking water special management units established under sections 108, 109, 110, and 111 shall have the highest priority for watershed restoration and protection in the covered area. (B) Watershed analyses Watershed analysis shall be required before timber harvests occur in key watersheds, other than minor activities that are categorically excluded under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (C) Cooperation on private land The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with Secretary to further the purposes of this section. (6) Roads restrictions (A) No net increase in roads The total quantity of system and nonsystem roads on covered land shall be less than or equal to the total quantity of system and nonsystem roads on covered land as of the date of enactment of the Oregon and California Land Grant Act of 2013 . (B) Temporary roads Not later than the earlier of the date that is 1 year after the vegetation management project is completed or the date that is 2 years after the activities for which a temporary road was constructed are completed, temporary roads that are constructed on covered land, if necessary, shall be made benign by— (i) closing the temporary roads; and (ii) (I) decommissioning the temporary roads; or (II) placing the temporary roads into short-term storage. (C) Reduction in roads To the maximum extent practicable and subject to the availability of appropriations, the Secretary shall reduce the total quantity of road miles for system and nonsystem roads, with priority for road reductions given to key watersheds. (D) Limitations on new roads The Secretary shall prohibit the construction of any new permanent system road in any portion of the covered land within the key watersheds and drinking water protection areas of the covered land unless the construction contributes to achieving the goals of the aquatic conservation strategy. (E) No new roads in roadless areas The Secretary shall prohibit the construction of any new road in any inventoried roadless area on covered land in key watersheds, drinking water emphasis areas, and conservation emphasis areas. (F) Watershed analysis In carrying out a watershed analysis under this Act, the Secretary shall identify roads that the Secretary determines could be closed or decommissioned. (7) Woody debris augmentation (A) In general During periods of timber harvesting, the Secretary shall carry out tree tipping activities on riparian reserves on covered land, as the Secretary determines necessary, to improve timber delivery to streams. (B) Fish habitat The Secretary shall annually use approximately $1,000,000 of amounts made available under this Act to transport and place large trees in streams on Federal, State, or private land to improve the quality of fish habitat, as the Secretary determines necessary. 103. Management of forestry emphasis areas (a) Management actions (1) In general Silvicultural activities shall be conducted in a forestry emphasis area, and the forestry emphasis area shall be managed, in accordance with this section. (2) Management actions Management actions shall be considered in the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). (b) Determination of moist forests and dry forests (1) In general During the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 , the moist and dry forests shall be determined as depicted on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests , and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry and moist forest assignments in specific locations based on an on-the-ground field examination by the Secretary. (2) Redesignation Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2013 and every 10 years thereafter, the Secretary shall reevaluate the initial assignments of land areas in moist forest and dry forest categories in forestry emphasis areas under paragraph (1) based on— (A) plant association groups; and (B) the criteria described in this subsection. (3) Moist forests For purposes of this subsection, moist forests generally— (A) experience infrequent wildfires at intervals of 1 to several centuries, including extensive areas in which fire severity results in stand-replacement conditions; and (B) include the following plant association groups: (i) the Western Hemlock (Tsuga heterophylla) series; (ii) the Sitka Spruce (Picea sitchensis) series; (iii) the Western Redcedar (Thuja plicata) series; (iv) the Pacific Silver Fir (Abies amabilis) series; (v) the Mountain Hemlock (Tsuga mertensiana) series; (vi) the Subalpine Fir-Engelmann Spruce (Abies lasiocarpa-Picea engelmannii) series; (vii) the Tanoak (Lithocarpus densiflorus) series; (viii) the Moist Grand Fir (Abies grandis) plant association group; and (ix) the Moist White Fir (Abies concolor) plant association group. (4) Dry forests For purposes of this subsection, dry forests generally— (A) experience relatively frequent and predominantly low- and mixed-severity fires; and (B) include the following plant association groups: (i) the Moist Grand Fir (Abies grandis) plant association group; (ii) the Moist White Fir (Abies concolor) plant association group; (iii) the Ponderosa Pine (Pinus ponderosa) series; (iv) the Oregon White Oak (Quercus garryana) series; (v) the Douglas-fir (Pseudotsuga menziesii) series; (vi) the Jeffrey Pine (Pinus jeffreyi) series; (vii) the Dry Grand Fir (Abies grandis) plant association group; and (viii) the Dry White Fir (Abies concolor) plant association group. (5) Mixed forests (A) In general For purposes of this Act, a site characterized as a Moist Grand Fir or a Moist White Fir plant association group may be considered moist forest or dry forest based on the condition of the land, landscape context, and management goals. (B) Mixed forests On a site at which dry and moist forests combine and are not readily separated, management shall be based on the dominant type in terms of area. (6) Administration In carrying out this subsection, the Secretary shall— (A) provide the public a period of not less than 60 days to comment on the redesignation of moist forests and dry forests; and (B) redesignate moist forests and dry forests once every 10 years. (c) Vegetation treatments (1) In general Vegetation treatments shall be developed consistent with this subsection. (2) No significant negative effects A vegetation treatment under this section shall be— (A) considered in the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a); and (B) designed to produce no significant negative effects on— (i) cultural sites of federally recognized Indian tribes; (ii) inventoried roadless areas; (iii) the existing integrity of archeological sites; (iv) highly erodible land; (v) wetland under the jurisdiction of the Corps of Engineers or delineated by the Natural Resources Conservation Service; and (vi) species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), unless incidental take statements have been issued for the listed species. (3) Attaining no significant negative effects A proposed silvicultural treatment on land described in clauses (i) through (v) of paragraph (2)(B) shall seek to produce no significant negative impact primarily by— (A) not harvesting trees, or operating heavy equipment, on the sites; or (B) mitigating the impact of the treatment through actions such as the capping of archeological sites with wood chips, except that relying on mitigation measures to achieve no significant negative impact may only be used infrequently for timber sales. (4) Northern spotted owls A vegetation treatment analyzed as part of the environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a) for land identified by the Secretary as part of northern spotted owl recovery plan Action 10 or 32 can only occur if the Secretary, acting through the United States Fish and Wildlife Service, releases an opinion that the proposed vegetative treatment is— (A) compatible with requirements under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for the northern spotted owl, considered over the long-term; or (B) necessary to address a severe threat of disease, insects, or fire. (5) Water quality (A) In general In addition to standards under any applicable environmental law, a vegetation treatment for a timber sale under this section shall be designed so that the sale does not result in measurable, significant negative impacts on water quality. (B) Determination points For the purposes of assessing potential negative impacts on water quality under this section from vegetation treatments, the Secretary shall only consider water quality— (i) at the time of the determination to determine the present condition; and (ii) at a time that is 5 years after the date of the initial determination and that is at least 2 years after the date of the timber sale. (6) Nest trees (A) In general No nest tree shall be cut in a forestry emphasis area unless the nest tree poses a repeated, imminent threat to the safety of the public or employees of the Department. (B) Surveys (i) In general Not earlier than 180 days before the date the Secretary plans to offer a timber sale in a forestry emphasis area, the Secretary shall survey the timber sale area to locate potential nest trees that the Secretary has not located. (ii) Duration The duration of the survey shall be such that the Secretary shall have an employee survey for nest trees at a rate of 1 day for each 100 acres of the timber sale. (C) Information from public During the 14-day period beginning on the date a consistency document required under section 104(d) is completed for a project, the Secretary shall accept information from the public concerning the location of nest trees. (D) Protections The Secretary shall ensure that the protections required under this Act are provided for verified nest trees. (7) Marbled murrelet habitat Consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), if the harvest of timber within a limited area of marbled murrelet habitat would provide benefits to a forest ecosystem (including the increased diversity of stand structure, composition, and age and reducing the scarcity of early successional habitat), the harvest may occur if the Secretary confers with the Director of the United States Fish and Wildlife Service in selecting areas within marbled murrelet habitat in which timber harvests may occur. (8) Sustained yield (A) In general The Secretary shall, to the maximum extent practicable, provide a sustained yield of timber harvest, averaged over a 10-year period, from the forestry emphasis area, that is calculated assuming an ecological forestry approach, unless the action will have severe adverse environmental, economic, or social consequences. (B) Sustained yield calculation The Secretary shall calculate the sustained yield for a 50-year period as part of the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). (C) Reserved areas In calculating the sustained yield from a forestry emphasis area, the Secretary shall not include the volume of timber that could be offered from reserved areas, such as conservation emphasis areas. (d) Management of moist forests (1) In general Forestry emphasis areas that are designated as moist forests under this section shall be managed in accordance with the principles of ecological forestry (including principles relating to variable retention regeneration harvests) described in paragraph (2). (2) Ecological forestry principles for moist forests The ecological forestry principles referred to in paragraph (1) include— (A) the retention of old growth; (B) the seeking of opportunities to retain older trees if practicable; (C) the acceleration of the development of structural complexity, including spatial heterogeneity, in younger stands, through the use of diverse silvicultural approaches, such as variable density and clump-based prescriptions; (D) the implementation of variable retention regeneration harvesting activities that retain approximately 1/3 of the live basal area of the forest within the harvest area, primarily in aggregates, including riparian and other reserves and dispersed individual and small clusters of conifers and hardwoods within the harvest area unit, a portion of which may be used for snag creation, except that old growth stands shall not be considered as part of the 1/3 basal area retention; (E) the development and maintenance of early seral ecosystems with diverse species following harvesting activities through the use of less intense approaches to site preparation and tree regeneration and nurturing of diverse early seral ecosystems; (F) the use of rotations of sufficient length to allow stands to redevelop with levels of structural complexity and biodiversity characteristics of late-successional stands, but when the stands reach the rotation age of the stands, the stands will be regenerated through variable-retention harvesting; and (G) the establishment of a silvicultural system that includes the development and management of multiaged, mixed-species stands on harvest rotation periods of 80 to 120 years. (3) Variable retention regeneration (A) In general The Secretary shall designate not less than 8 percent and not more than 12 percent of the moist forests described in paragraph (1) as land on which the Secretary shall carry out variable retention regeneration harvesting activities, consistent with this section, during each 10-year period in a manner consistent with the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). (B) Applicability The moist forests designated as variable retention regeneration harvest land under subparagraph (A) shall not be limited to stands that have generally reached the culmination of mean annual increment. (4) Thinning (A) In general The Secretary shall carry out thinning activities in the moist forests described in paragraph (1) to promote tree growth and ecological health and variability. (B) Goals The goal of thinning activities under this paragraph shall be to establish spatially variable stand densities and complex canopies using thinning regimes that enhance the structural and compositional diversity of the stand and individual tree development. (C) Limitations (i) In general In carrying out thinning activities under this paragraph, the Secretary shall not reduce the total basal area of the stand (as determined on the date on which the thinning activities commence) by more than 50 percent. (ii) Old growth trees The Secretary shall exclude old growth trees from thinning activities under this paragraph. (e) Management of dry forests (1) In general Forestry emphasis areas that are designated as dry forests under this section shall be managed in accordance with ecological forestry principles described in paragraph (2) and, as determined necessary by the Secretary, with fire resiliency needs, consistent with this subsection. (2) Ecological forestry principles in dry forests The ecological forestry principles referred to in paragraph (1) include— (A) the retention and improvement of the survivability of old growth trees through the reduction of adjacent fuels and competing vegetation to promote resilience against mortality from insects, disease, and fire; (B) the retention and protection of important structures such as large hardwoods, snags, and logs; (C) the reduction of overall stand densities through partial cutting in an effort to— (i) reduce basal areas to desired levels, particularly in overstocked stands; (ii) increase the mean stand diameter; (iii) shift the composition of stands to fire- and drought-tolerant species; and (iv) retain older trees for replacement purposes; (D) the restoration of spatial heterogeneity through the variation of the treatment of stands, such as by leaving untreated patches, creating openings of not more than 2.5 acres, and establishing tree clumps and isolated single trees; (E) the establishment of new tree cohorts of shade-intolerant species in created openings, generally varying in size between 0.2 and 2.5 acres; (F) the harvesting of timber during the restoration process; (G) the maintenance of sustainable and fire-resilient conditions in perpetuity through active management of the dry forests in accordance with this subsection, including the treatment of activity fuels and the restoration of historic levels of surface fuels and understory vegetation using prescribed fire and mechanical activities; (H) the planning and implementation of activities at the landscape level to maintain not less than 1/3 of the dry forests as denser landscape-scale patches to provide greater forest density for endangered and threatened species and their prey; and (I) the retention of a basal area after a partial cut that is not less than 35 percent of the initial basal area of the sale area. (3) Fire resiliency (A) Vegetation treatment near residences (i) In general For a forestry emphasis area that is designated as a dry forest under this section and located within .25 miles of a residence, the primary purpose of any vegetation treatment carried out by the Secretary on that land shall be to manage fuel loadings to reduce the risk to the residence posed by wildfire. (ii) Administration (I) In general In carrying out vegetation treatment activities on land described in clause (i), the Secretary shall— (aa) cut and remove trees and brush to eliminate the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a shaded fuelbreak to reduce fire spread, duration, and intensity; and (bb) treat surface fuels (including activity fuels, low brush, and deadwood) on that land that could promote the spread of wildfire in a manner designed to achieve an average of a 4-foot maximum flame length under average severe fire weather conditions. (II) Timber sales If a timber sale is planned within 1/2 mile of a residence, the Secretary is encouraged to carry out vegetation treatment activities on that Federal land at the same time as the timber sale. (III) County actions A county may carry out a fuel reduction project on the land described in clause (i) in a manner consistent with subclause (I) if— (aa) the county notifies the Secretary of the intent of the county to carry out the project, including a description of the project and duration of the project; (bb) the Secretary determines the project is consistent with this Act and is in the best interest of the public; and (cc) the county carries out the project using county funds, which may include amounts made available to the county under this Act. (iii) Prioritization In pri­or­i­tiz­ing fire resiliency projects under this subparagraph, the Secretary or the county may use project recommendations received from a resource advisory council or described in a community wildfire protection plan. (B) Private landowner actions on Federal land (i) In general A person may enter and treat any forestry emphasis area that is designated as a dry forest under this section that is located within 100 feet of the residence of that person without a permit from the Secretary if— (I) the treatment is carried out at the expense of the person; (II) the person notifies the Secretary of the intent to treat that land; and (III) the person carries out the treatment activities in accordance with clause (iii). (ii) Notice (I) In general Not less than 30 days before beginning to treat land described in clause (i), the person shall notify the Secretary of the intention of that person to treat that land. (II) Commencement Not less than 15 days before the date of the commencement of treatment actions, the person shall notify the Secretary before beginning the treatment. (iii) Applicability A person treating land described in clause (i) shall carry out the treatment as follows: (I) No dead tree, nest tree, old growth, or tree greater than 24 inches in diameter shall be cut. (II) Any residual trees shall be pruned— (aa) to a height of the lesser of 10 feet or 50 percent of the crown height of the tree; and (bb) such that all parts of the tree are at not less than 10 feet away from the residence. (III) Vegetation shall be cut such that— (aa) less flammable species are favored for retention; and (bb) the adequate height and spacing between bushes and trees are maintained. (IV) No herbicide or insecticide application shall be used. (V) All slash created from treatment activities under this subparagraph shall be removed or treated not later than 60 days after the date on which the slash is created. (f) Water protection in forestry emphasis areas (1) Riparian reserve and buffer system (A) In general In carrying out the aquatic conservation strategy in forestry emphasis areas, the Secretary shall establish riparian reserves that— (i) in the case of land located along a fish-bearing stream, are 1 site-potential tree height or 150 feet slope distance, whichever is greater; (ii) in the case of land located along a permanently flowing nonfish-bearing stream, are 1/2 of a site-potential tree height or 75 feet slope distance, whichever is greater; (iii) in the case of land located along a seasonally flowing or intermittent stream, are whichever is greater among— (I) the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation; (II) a distance of 1/2 of a site-potential tree height; or (III) 75-feet slope distance; (iv) in the case of a wetland greater than 1 acre, a lake, or a natural pond, are whichever is greater among— (I) the body of water and land located along the wetland, lake, or pond to the outer edges of riparian vegetation; (II) a distance of 2 site-potential tree height; or (III) 300-feet slope distance; (v) in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a distance equal to the height of 1 site-potential tree or 150-feet slope distance, whichever is greater; and (vi) in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are whichever is greater among— (I) the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as applicable, to the outer edges of the riparian vegetation; (II) a distance of 1 site-potential tree height; or (III) 150-feet slope distance. (B) Nonfish-bearing streams (i) In general For a nonfish-bearing stream, the Secretary shall establish a buffer of an additional 1/2 of a site-potential tree height or 75 feet slope distance, whichever is greater, which buffer shall be available for timber management using ecological forestry principles while maintaining wood delivery to streams. (ii) Restrictions (I) In general A timber harvest on the buffer land described in clause (i) shall be— (aa) conducted in accordance with the principles of ecological forestry; and (bb) be limited to stands less than or equal to 80 years of age. (II) Special rule for dry forests (aa) In general Subject to item (bb), in dry forests, timber harvest may occur in a stand that exceeds 80 years of age if the harvest is carried out for a compelling ecological reason, such as to protect the stand from insect outbreak or destructive wildfire. (bb) Old growth trees An old growth tree shall not be included in a timber harvest under item (aa). (2) Watershed analysis (A) In general Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , a scientific committee established by the Secretary shall develop criteria to be used in carrying out a watershed analysis for forestry emphasis areas. (B) Scientific committee (i) In general The committee established under subparagraph (A) shall be comprised of 5 individuals who— (I) are not full-time employees of the Bureau of Land Management; and (II) have expertise relating to aquatic and riparian ecosystems. (ii) Administration The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee established under this paragraph. (C) Criteria The criteria developed under subparagraph (A) shall include at a minimum— (i) the importance of the streams to salmon populations; (ii) the impacts of thermal loading; (iii) water quality; and (iv) the potential for the delivery or deposition of sediment and wood from upslope sources. (D) Development of watershed analysis (i) In general The Secretary shall use the criteria established by the scientific committee to determine the ecological importance of fish-bearing streams and nonfish-bearing streams. (ii) Public information The Secretary shall make the determinations described in clause (i) available to the public at the time the Secretary submits the report to the scientific committee. (E) Review of scientific committee (i) In general Not later than 210 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall submit to the scientific committee established under subparagraph (B) a watershed analysis that includes the fish-bearing streams and nonfish-bearing streams in key watersheds categorized by ecological importance. (ii) Comments by scientific committee Not later than 240 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the scientific committee shall submit comments to the Secretary on the determinations made by the Secretary of the ecological importance of the streams within the covered area. (iii) Criteria The scientific committee shall use only the criteria established under subparagraph (C) to evaluate the determinations made by the Secretary. (iv) Public availability On receipt by the Secretary, the comments submitted by the scientific committee shall be made publically available. (F) Inclusion in the draft environmental impact statement (i) In general The Secretary shall— (I) revise the watershed analysis, as the Secretary considers necessary; and (II) consider the comments submitted by the scientific committee. (ii) Revised watershed analysis The revised watershed analysis shall be used in preparing and included in whole in each draft environmental impact statement developed under section 104(a)(1). (G) Other applicability The results of the watershed analysis shall be available for use in conservation efforts on other Federal land and on non-Federal land. (3) Revision of riparian buffer system (A) In general In accordance with the watershed analysis, the Secretary shall revise the riparian reserves on the forestry emphasis areas. (B) Use The revisions shall be reflected in— (i) the initial environmental impact statements prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a); and (ii) each subsequent 10-year environmental impact statement. (C) Revisions The Secretary shall revise the riparian buffer system as follows: (i) For a riparian reserve located along a fish-bearing stream, lake, or wetland, that the Secretary determines, based on the watershed analysis, to be of minimal ecological importance, the size of the riparian reserve shall be 100 feet slope distance. (ii) For a riparian reserve located along a nonfish-bearing stream, lake, or wetland that the Secretary determines, based on the watershed analysis, to be of minimal ecological importance, the size of the riparian reserve shall be 50 feet slope distance. (iii) For a riparian reserve located along a fish-bearing or nonfish-bearing stream, lake, or wetland that the Secretary determines, based on the watershed analysis, to be of significant ecological importance, the size of the riparian reserve shall be 1 site-potential tree height or 150 feet slope distance, whichever is greater. (iv) The total amount of riparian reserves within each 5th-level hydrologic unit code watershed in the forestry emphasis areas shall equal at least 75 percent and not more than 125 percent of the previous riparian reserves established under paragraph (1). (D) Riparian buffers for management (i) In general The Secretary shall establish buffers for the riparian reserves described in clauses (i) and (ii) of subparagraph (C) that extend out to 1-site potential tree. (ii) Management The buffers shall be managed in the same manner as the buffers described in paragraph (1)(B). (E) Management The Secretary shall manage the revised riparian reserve areas described in subparagraph (D) in accordance with the following standards: (i) Timber harvest within riparian reserves shall be restricted to thinning stands less than or equal to 80 years of age to achieve the goals of the aquatic conservation strategy. (ii) Timber harvest, roads, grazing, mining, recreation, and all other activities shall be compatible with achievement of the goals of the aquatic conservation strategy in order to occur. (iii) Riparian-dependent and stream resources shall receive primary emphasis in riparian reserve landscapes. (4) Exception Forestry emphasis areas designated as Drinking Water Emphasis Area and depicted as such on the maps entitled O&C Land Grant Act of 2013: McKenzie Drinking Water Area , O&C Land Grant Act of 2013: Hillsboro Drinking Water Area , O&C Land Grant Act of 2013: Clackamas Drinking Water Area , and O&C Land Grant Act of 2013: Springfield Drinking Water Area and dated November 18, 2013, and riparian areas within key watersheds shall not be subject to this subsection but shall instead be subject to section 105(c). (g) Prioritization (1) Selection of areas to treat in the first 10 years (A) In general Not later than 150 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall select locations in forestry emphasis areas in which the Secretary intends to harvest timber during— (i) the 10-year period covered by the environmental impact statement prepared under the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and 104(a); and (ii) each subsequent 10-year period covered by an environmental impact statement. (B) Prioritization plan for forestry emphasis areas The areas selected under subparagraph (A) shall reflect a prioritization plan and harvest levels, including the sustained yield, identified in the environmental impact statement prepared under the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). (C) Public comment The Secretary shall seek public comments for 45 days on the selection of the areas under subparagraph (A). (D) Inclusion in the draft environmental impact statement (i) In general The Secretary shall revise the prioritization plan for forestry emphasis areas, as the Secretary considers necessary, based on the public comments received. (ii) Revised prioritization plan The revised prioritization plan for forestry emphasis areas shall be used in preparing and included in whole in each draft environmental impact statement developed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). (2) Landscape plans (A) In general The Secretary shall develop plans for the moist forest portions of the forestry emphasis area and dry forest portions of the covered area. (B) Moist forest landscape plan The plans described in subparagraph (A) shall include— (i) landscape level plans showing the areas of the moist forest landscapes that will result in distribution of variable retention regeneration harvests to ensure desired placement and the appropriate scale of implementation; and (ii) areas that will, in the case of a moist forest site, accelerate development of complex forest structure, including opportunities to create spatial heterogeneity (such as creating skips and gaps), in a young stand that has a canopy that has— (I) closed; and (II) been simplified through past management. (C) Dry forest landscape plan (i) In general The dry forest plans described in subparagraph (A) shall include— (I) a landscape level plan showing the areas of any dry forest landscape that will be left in a denser condition for the first 30 years after the date of enactment of the Oregon and California Land Grant Act of 2013 ; (II) the areas of any dry forest that may be considered for thinning or restoration treatments beginning on the date that is 30 years after the date of enactment of the Oregon and California Land Grant Act of 2013 ; and (III) areas that will, in the case of a dry forest site— (aa) minimize and reduce the risk of unnaturally severe fire and insect outbreaks, particularly if critical components and values are at risk, including— (AA) communities in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )); and (BB) valuable forest structures, such as old growth and oak savannas that are in need of restoration or are in danger from potential fire risk; or (bb) restore historical structure and composition and improve fire resiliency. (ii) Reevaluation The areas described in clause (i)(I) shall be reevaluated in the subsequent comprehensive environmental impact statements required under section 104(a). (D) Collaboration in developing plans The Secretary shall develop the plans described in subparagraph (A) in coordination with the Director of the United States Fish and Wildlife Service to ensure the plans comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (E) Draft plans available for public comment Not later than 150 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall make a draft of the plans described in subparagraph (A) available for public comment for 45 days. (F) Inclusion in the draft environmental impact statement (i) In general The Secretary shall revise landscape plans, as the Secretary considers necessary, based on the public comments received. (ii) Revised landscape plans The revised landscape plans shall be used in preparing and included in whole in the draft environmental impact statement developed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). 104. Streamlined procedures (a) Comprehensive environmental impact statement (1) In general Not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall complete— (A) a large-scale comprehensive environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for the moist forest in the forestry emphasis area; and (B) a large-scale comprehensive environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for the dry forest in the forestry emphasis area. (2) Period The environmental impact statements required under paragraph (1) shall cover the 10-year period beginning on the date on which the record of decision for the environmental impact statement is issued. (3) Individual projects The final comprehensive environmental impact statement shall be used for individual projects during the 10-year period described in paragraph (2). (4) Additional analysis No additional analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be required for individual projects under this Act unless explicitly required by this Act or there exists clear and convincing evidence regarding significant adverse environmental impacts of the project that were not considered in the comprehensive environmental impact statements. (5) Effective date of each environmental impact statement After the initial comprehensive environmental impact statement developed under paragraph (1), each subsequent comprehensive environmental impact statement shall be prepared and be in effect for the 10-period beginning on the date on which the previous environmental impact statement expires. (b) Criteria and parameters of the environmental impact statement (1) In general Each environmental impact statement developed under subsection (a) shall analyze 3 alternatives, including— (A) 1 no-action alternative; and (B) 2 other alternatives that are consistent the management prescriptions and this Act for the forest type. (2) Limitations (A) In general The analysis of effects of each environmental impact statement described in subsection (a)(1) shall be limited to the effects of the actions authorized under section 103 that are consistent with the forest type. (B) Analysis (i) In general The information contained within the timber prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan shall— (I) be used to develop an environmental impact statement described in subsection (a)(1); but (II) not be separately analyzed in an environmental impact statement described in subsection (a)(1). (ii) Additional analysis Notwithstanding the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), no analysis that is in addition to the environmental impact statement described in subsection (a)(1) shall be required under that Act for the timber prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan. (3) Area included in environmental impact statement (A) In general Each environmental impact statement shall cover the area required to be treated in section 103(d) for moist forests and section 103(e) for dry forests. (B) Distribution The requirement under subparagraph (A) shall be— (i) distributed in a manner that is approximately equal over the 10-year period; and (ii) divided among the Bureau of Land Management districts in a manner that— (I) is approximately proportional to the yield that can be produced by those forests; and (II) ensures that each Bureau of Land Management district has adequate harvest and revenue to share with affected counties. (4) Specific environmental impacts Each environmental impact statement shall include, in addition to other necessary analysis, the impacts to— (A) wetlands; (B) municipal watersheds; (C) inventoried roadless areas; (D) Indian cultural sites; (E) archeological sites; and (F) nest trees. (c) Public notice and comment; challenges (1) Definitions In this subsection: (A) Agency action The term agency action has the meaning given the term in section 551 of title 5, United States Code. (B) Covered agency action The term covered agency action means an agency action by the Secretary relating to the management of the forestry emphasis areas. (C) Covered civil action The term covered civil action means a civil action seeking judicial review of a covered agency action. (2) Public notice and comment (A) Notice of intent (i) Notice of intent Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall publish in the Federal Register a notice of intent to prepare each of the following documents: (I) Comprehensive environmental impact statement for the moist forests. (II) Comprehensive environmental impact statement for the dry forests. (III) Prioritization plan for the forestry emphasis area. (IV) Watershed analysis. (V) Dry forest landscape plan. (VI) Moist forest landscape plan. (ii) Public comment During the 45-day period beginning on date on which the notice of intent is published, the Secretary shall— (I) provide an opportunity for public comment for the scoping process; and (II) solicit public comment on topics to be analyzed in the draft environmental impact statement under subparagraph (B). (B) Draft environmental impact statements (i) In general Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall issue the first draft environmental impact statements described in subsection (a)(1). (ii) Public comment During the 60-day period beginning on the date on which the draft environmental impact statements are issued, the Secretary shall provide an opportunity for public comment on the draft environmental impact statements. (iii) Extensions The Secretary may not extend the period for public comment. (iv) Topics During the period described in clause (ii), the public shall be able to provide comment on the prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan included in the draft environmental impact statement. (C) Final environmental impact statements (i) In general The Secretary shall issue the record of decision for the final environmental impact statements— (I) 45 days after the date on which the final environmental impact statements are issued or immediately after the Secretary responds to an objection filed under clause (ii); and (II) not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013 . (ii) Objections (I) In general During the first 30 days of the period established under clause (i)(I), in lieu of any other appeals that may be available, any person may file an objection to the final environmental impact statements in accordance with section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ). (II) Response The Secretary shall respond in writing to any objection filed under subclause (I) not later than 30 days after the date on which the objection is filed. (iii) Exception If the Secretary determines than an objection filed under clause (ii) requires a revision of the final environmental impact statement, the Secretary shall— (I) issue a revised final environmental impact statement as soon as practicable; and (II) issue a record of decision not later than 30 days after the date on which the revised final environmental impact statement is issued. (3) Judicial review (A) Venue A covered civil action may only be brought in the United States District Court for the District of Oregon or the United States District Court for the District of Columbia. (B) Objections No objection to the record of decision shall be considered by the court that has not previously been raised in writing during the agency administrative process. (C) Limitation of actions A covered civil action shall not be maintained unless commenced not later than 30 days after the date on which the covered agency action to which the covered civil action relates is final. (D) Expedited proceedings (i) Discovery Discovery shall— (I) commence immediately after a covered civil action is commenced; and (II) conclude not later than 180 days after the date on which a covered civil action is commenced. (ii) Trial In any covered civil action, a trial shall commence not later than 180 days after the date on which the covered civil action is commenced. (iii) Expeditious completion of judicial review Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in a covered civil action with the goal of rendering a final determination on the merits of the covered civil action as soon as practicable after the date on which a complaint or appeal is filed to initiate the action. (E) Applicability of APA Except as provided in this section, judicial review of a covered agency action shall be conducted in accordance with chapter 7 of title 5, United States Code. (F) Injunctions (i) In general Subject to clause (ii), the length of any preliminary injunction and any stay pending appeal regarding a covered agency action shall not exceed 60 days. (ii) Renewals (I) In general A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under clause (i). (II) Updates For each renewal of an injunction under this clause, the parties to the action shall present the court with updated information on the status of the covered agency action that is the basis of the covered civil action. (iii) Balancing of short- and long-term effects As part of the weighing of the equities while considering any request for an injunction that applies to the covered agency action, the court shall balance the impact on the ecosystem likely to be affected by the covered agency action of— (I) the short- and long-term effects of undertaking the covered agency action; and (II) the short- and long-term effects of not undertaking the covered agency action. (d) Consistency Document (1) In general For each project implemented under an environmental impact statement, the decision to proceed with the project shall be documented in a consistency document, which shall include, at a minimum— (A) the record prepared, including the names of interested people groups and agencies contacted; (B) a determination that no extraordinary circumstances exist; and (C) a determination that the scope of work of the project is consistent with the original analysis and assumptions in the record of decision. (2) Time before implementing a project The Secretary shall not implement a project described in paragraph (1) earlier than the date that is 30 days after the date on which a consistency document is made public. (3) Cause of action (A) In general The only cause of action that may be brought challenging a consistency document shall be claims that the work to be performed under the consistency document is inconsistent with the record of decision or causes adverse impacts to species not listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) at the time the record of decision was prepared but which have been listed subsequent to the record of decision. (B) Limitation of actions No cause of action may be maintained under subparagraph (A) unless commenced not later than 30 days after the date on which the consistency document is issued. (4) Projects outside scope With respect to work in the forestry emphasis areas that falls outside the scope of the environmental impact statements prepared under this title— (A) the work shall only be authorized under this title for a project that does not exceed 5,000 acres; and (B) environmental analysis documents required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be completed for that work. (e) Coordination with other agencies; consultation (1) Multiagency coordination (A) Up-front planning and consultation Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall invite the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, the Governor of Oregon, the heads or equivalent duly-elected tribal government leaders of federally-recognized Indian tribes with aboriginal land in the covered area, and local governments in the covered area to participate in— (i) the development of any environmental impact statement necessary to carry out this Act; and (ii) subsequently, the revision of any resource management plan necessary to carry out this Act. (B) Assessments under the Endangered Species Act of 1973 (i) In general Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall commence any assessments required under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) to provide adequate consultation and quantify acceptable take levels for the planned treatments and projects under the environmental impact statement. (ii) Project-specific concurrence (I) In general The Secretary may seek project-specific concurrence from the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration. (II) Concurrence or objection For a specific project that requires a consistency document under subsection (d) and would require documentation relating to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in accordance with subclause (I), not later than 21 days after the date on which the Secretary seeks project-specific concurrence, the Director the United States Fish and Wildlife Service or the Administrator of the National Oceanic and Atmospheric Administration, as applicable, shall— (aa) submit to the Secretary written concurrence that the project is not likely to adversely affect listed species or critical habitat, in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (bb) notify the Secretary that formal consultation will be required. (C) Participation by non-federal entities Non-Federal entities may submit to the Secretary a request to participate in the development of any environmental impact statement and any resource management plan necessary under this Act. (2) Liaisons Not later than 45 days after the date of enactment of the Oregon and California Land Grant Act, the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall identify personnel that will serve as a liaison to the Secretary— (A) to develop the environmental impact statements and resource management plans necessary under this Act; and (B) address any issues at the project level under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (3) Concurrent review (A) In general Each cooperating agency, the Director of the United States Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration shall carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process for the comprehensive environmental impact statement, unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations. (B) Consultation and documents required under the Endangered Species Act of 1973 (i) Informal consultation Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall commence informal consultation with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration on the implementation of this Act. (ii) Formal consultation Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall commence formal consultation with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration on the development of the draft environmental impact statement developed under subsection (c), in accordance with section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ). (iii) Draft environmental impact statement Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall submit to the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration the draft environmental impact statement developed under subsection (c), in accordance with section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ). (iv) Supporting documents Not later than 60 days after the date on which a draft environmental impact statement is published, the cooperating agencies shall submit to the Secretary any documents required of the cooperating agencies under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (4) Escalation of interagency conflicts (A) In general If a disagreement between the liaisons identified in paragraph (2) cannot be resolved within 14 days, the disagreement shall be escalated to the State directors, or if there are no State directors, the regional directors. (B) Further escalation (i) In general If the State directors or regional directors, as applicable, cannot resolve the disagreement within the period beginning on the date on which the 14-day period described in subparagraph (A) expires and ending on the date that is 7 days after the date on which the 14-day period expires, the matter shall be escalated to the head of the applicable Federal agency. (ii) Final resolution The head of the applicable Federal agency shall resolve the disagreement not later than 7 days after the date on which the disagreement is escalated under clause (i). (5) Applicability of northwest forest plan The Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to forestry emphasis areas. (6) Salmon (A) In general The State shall be considered a cooperating agency for purposes of assisting the Administrator of the National Oceanic and Atmospheric Administration in managing salmon. (B) Memorandum of understanding The State and the Administrator of the National Oceanic and Atmospheric Administration may enter into a memorandum of understanding or an agreement under section 6 of the Endangered Species Act of 1973 ( 16 U.S.C. 1535 ) in carrying out activities under subparagraph (A). (C) Administration (i) In general If the Administrator of the National Oceanic and Atmospheric Administration fails to provide any necessary documentation relating to salmon required under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) within the required deadlines under this section, the Secretary shall consider as completed any documentation required of the Administrator under the environmental impact statement, unless the Secretary of Commerce notifies the Secretary of the Interior that additional time is needed. (ii) Nondelegation The Secretary of Commerce shall not delegate the authority described in clause (i). (7) 5-year reevaluation (A) In general Not later than 5 years after the date on which an environmental impact statement is developed, the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall reevaluate the performed and proposed work and determine if the work complies with— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (ii) the environmental impact statement. (B) Reinitiation (i) In general Subject to subparagraph (A) and clause (ii), if the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration determine that reinitiation of consultation is required due to new information relating to a threatened or endangered species, changed circumstances relating to a threatened or endangered species, or changed conditions relating to a threatened or endangered species— (I) the consultation process under this subsection shall be reinitiated by reassessing changed circumstances or conditions relating to the threatened or endangered species not originally evaluated in the environmental impact statements; and (II) the supporting documentation shall be modified not later than 90 days after the date on which the consultation commences to reflect the actual conditions. (ii) Management activities Management activities under the comprehensive environmental impact statements developed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and subsection (a) shall continue while the modifications described in clause (i)(II) are being prepared. (8) Listings of endangered species (A) In general The Secretary shall redesignate some of a conservation emphasis area as a forestry emphasis area and redesignate a forestry emphasis area that contains critical habitat as a conservation emphasis area if— (i) a species is added to the list of endangered or threatened species under section 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c) ); and (ii) critical habitat (as defined in section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 )) is designated within the forestry emphasis area that is incompatible with the harvest of timber under this Act. (B) Identification of lands to be redesignated Not later than 120 days after the date of enactment of the Oregon and California Land Grant Act, the Secretary shall identify 10,000 acres of conservation emphasis area that could be redesignated under subparagraph (A). 105. Management of conservation emphasis areas (a) In general A conservation emphasis area shall be managed in accordance with this Act and for the general purposes of ecological and conservation benefits, including providing forest reserves that include— (1) old growth and late successional habitat; (2) clean air; (3) water quality filtration, purification, and storage; (4) watershed health; (5) soil stabilization; (6) flood control; (7) native wildlife biodiversity; (8) connectivity; (9) long-term storage of carbon; (10) climate stabilization; (11) pollination, seed dispersal, soil formation, and nutrient cycling; (12) recreational, educational, and tourism opportunities; and (13) aesthetic, spiritual, and cultural heritage values. (b) Management direction for conservation emphasis areas (1) Timber harvest limitations The cutting, sale, or removal of timber within a conservation emphasis area may be permitted— (A) to the extent necessary to improve the health of the forest in a manner that— (i) maximizes the retention of large trees— (I) as appropriate to the forest type; and (II) to the extent that the trees promote stands that are fire resilient and healthy; (ii) improves the habitats of threatened or endangered species or species considered sensitive by the Secretary over the long term following completion of the project; (iii) maintains or restores the composition and structure of the ecosystem by reducing the risk of uncharacteristic wildfire; or (iv) in the case of harvests in moist forest sites, is conducted— (I) through variable density and clump-based thinning; (II) in stands up to 80 years of age to accelerate development of structurally complex forest conditions; and (III) in a manner that retains older trees and old growth; (B) to carry out an approved management activity in furtherance of the purposes of this section, if the cutting, sale, or removal of timber is incidental to the management activity; or (C) for de minimis personal or administrative use within the conservation emphasis area, if the use will not impact the purposes of this section. (2) Road construction No new or temporary roads shall be constructed or reconstructed within a conservation emphasis area after the date of enactment of the Oregon and California Land Grant Act of 2013 except as necessary— (A) to protect the health and safety of individuals in cases of an imminent threat of flood, fire, or any other catastrophic event that, without intervention, would result in the loss of life or property; (B) to carry out environmental cleanup activities required by the Federal Government; (C) to allow for the exercise of reserved or outstanding rights provided for by treaty or Federal law; (D) to prevent irreparable resource damage by a road constructed before the date of enactment of the Oregon and California Land Grant Act ; or (E) to rectify a hazardous road condition. (3) Withdrawal Subject to valid existing rights, all Federal land within the conservation emphasis area is withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws, except disposal by exchange or sale in accordance with section 117; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing. (c) Water quality protection in conservation emphasis areas (1) Riparian reserves In carrying out the aquatic conservation strategy for conservation emphasis areas, key watersheds and drinking water emphasis areas, the Secretary shall establish riparian reserves that— (A) in the case of land located along a fish-bearing stream, are 2 site-potential tree height or 300-feet slope distance, whichever is greater; (B) in the case of land located along a permanently flowing nonfish-bearing stream, are 1 site-potential tree height or 150-feet slope distance, whichever is greater; (C) in the case of land located along a seasonally flowing or intermittent stream, are whichever is greater among— (i) the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation; (ii) a distance of 1 site-potential tree height; or (iii) 100-feet slope distance; (D) in the case of a wetland that is greater than 1 acre, a lake, or a natural pond, are whichever is greater among— (i) the body of water and land located along the wetland, lake, or pond to the outer edges of riparian vegetation; (ii) a distance 2 site-potential tree height; or (iii) 300-feet slope distance; (E) in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a distance equal to the height of 1 site-potential tree or 150-feet slope distance, whichever is greater; and (F) in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are whichever is greater among— (i) the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as applicable, to the outer edges of the riparian vegetation; (ii) a distance of 1 site-potential tree height; or (iii) 150-feet slope distance. (2) Watershed analysis and review (A) In general The Secretary shall regularly conduct watershed analysis and a review of aquatic and riparian resources to ensure adequate protections are being provided, consistent with the objectives described in section 102(e)(1). (B) Criteria Criteria considered in the analysis shall include— (i) the importance of the streams to salmon populations; (ii) the impacts of thermal loading; (iii) water quality; and (iv) the potential for the delivery or deposition of sediment and wood from upslope sources. (C) Changes to strategy If a peer-reviewed, multiagency report calls for changes to the aquatic conservation strategy or any riparian reserves on the conservation land to be consistent with purposes described in section 102(e)(1), the Secretary may consider changes as part of any modifications (revisions or amendments) to the relevant resource management plans. (d) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of the Oregon and California Land Grant Act , the Secretary shall prepare a map and legal description for the land described in sections 106 through 116. (2) Force of law The maps and legal descriptions described in paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the maps and legal descriptions. (3) Public availability The maps and legal descriptions described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 106. Rogue National Recreation Area (a) Designation There is established a Rogue National Recreational Area to provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values. (b) Boundary The Rogue National Recreation Area shall consist of certain Federal land managed by the Bureau of Land Management, comprising approximately 94,700 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Rogue National Recreation Area and dated November 18, 2013. (c) Administration The Secretary shall— (1) administer the Rogue National Recreation Area— (A) in accordance with the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and (B) consistent with section 105; and (2) only allow uses of the Rogue National Recreation Area that are consistent with the purposes described in subsection (a). (d) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Rogue National Recreation Area shall be limited to roads designated by the Secretary. (e) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Rogue National Recreation Area. (g) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (h) Land reclassification (1) In general The Secretary shall reclassify the approximately 8,600 acres of Federal land generally depicted on the map described in subsection (b) as Other BLM lands as Oregon and California Railroad grant land. (2) Applicability The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 . 107. Molalla National Recreation Area (a) Designation There is established a Molalla National Recreational Area to provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values. (b) Boundary The Molalla National Recreation Area shall consist of certain Federal land managed by the Bureau of Land Management, comprising approximately 24,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Molalla National Recreation Area and dated November 18, 2013. (c) Administration The Secretary shall— (1) administer the Molalla National Recreation Area— (A) in accordance with the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and (B) consistent with section 105; and (2) only allow uses of the Molalla National Recreation Area that are consistent with the purposes described in subsection (a). (d) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Molalla National Recreation Area shall be limited to roads designated by the Secretary. (e) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Molalla National Recreation Area. (g) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (h) Land reclassification (1) In general The Secretary shall reclassify the approximately 12,000 acres of Federal land generally depicted on the map described in subsection (b) as Other BLM lands as Oregon and California Railroad grant land. (2) Applicability The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 . 108. McKenzie Drinking Water Special Management Unit (a) Establishment There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the McKenzie Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: McKenzie Drinking Water Area and dated November 18, 2013, to be known as the McKenzie Drinking Water Special Management Unit (referred to in this section as the Management Unit ). (b) Purposes The purposes of the Management Unit are— (1) to ensure the protection of the McKenzie Watershed as a clean drinking water source safeguarding the water quality and quantity of the Watershed, for the residents of Lane County, Oregon; and (2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the McKenzie Watershed. (c) Administration (1) In general The Secretary shall— (A) administer the Management Unit— (i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) consistent with section 105; and (B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). (d) Prohibited activities Subject to valid existing rights, the following activities shall be prohibited on Bureau of Land Management land in the Management Unit: (1) Commercial livestock grazing. (2) The placement of new fuel storage tanks. (3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. (e) Cooperation on private land The Secretary is encouraged to work with private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. (f) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. (g) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (h) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. (i) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. 109. Hillsboro Drinking Water Special Management Unit (a) Establishment There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Hillsboro Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013 Hillsboro Drinking Water Area and dated November 18, 2013, to be known as the Hillsboro Drinking Water Special Management Unit (referred to in this section as the Management Unit ). (b) Purposes The purposes of the Management Unit are— (1) to ensure the protection of the Hillsboro Watershed as a clean drinking water source, safeguarding the quality and quantity of the Watershed, for the residents of Washington County, Oregon; and (2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Hillsboro Watershed. (c) Administration (1) In general The Secretary shall— (A) administer the Management Unit— (i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) consistent with section 105; and (B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). (d) Prohibited activities Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit: (1) Commercial livestock grazing. (2) The placement of new fuel storage tanks. (3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. (e) Cooperation on private land The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. (f) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. (g) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (h) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. (i) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. 110. Clackamas Drinking Water Special Management Unit (a) Establishment There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Clackamas Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: Clackamas Drinking Water Area and dated November 18, 2013, to be known as the Clackamas Drinking Water Special Management Unit (referred to in this section as the Management Unit ). (b) Purposes The purposes of the Management Unit are— (1) to ensure the protection of the Clackamas Watershed as a clean drinking water source, safeguarding the water quality and quantity of the Watershed, for the residents of Clackamas County, Oregon; and (2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Clackamas Watershed. (c) Administration (1) In general The Secretary shall— (A) administer the Management Unit— (i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) consistent with section 105; and (B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). (d) Prohibited activities Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit: (1) Commercial livestock grazing. (2) The placement of new fuel storage tanks. (3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. (e) Cooperation on private land The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. (f) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. (g) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (h) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. (i) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. 111. Springfield Drinking Water Special Management Unit (a) Establishment There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Springfield Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: Springfield Drinking Water Area and dated November 18, 2013, to be known as the Springfield Drinking Water Special Management Unit (referred to in this section as the Management Unit ). (b) Purposes The purposes of the Management Unit are— (1) to ensure the protection of the Springfield Watershed as a clean drinking water source, safeguarding the water quality and quantity of the Watershed, for the residents of Springfield, Oregon and nearby communities; and (2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Springfield Watershed. (c) Administration (1) In general The Secretary shall— (A) administer the Management Unit— (i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) consistent with section 105; and (B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). (d) Prohibited activities Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit: (1) Commercial livestock grazing. (2) The placement of new fuel storage tanks. (3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. (e) Cooperation on private land The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. (f) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. (g) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (h) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. (i) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. 112. Cascade-Siskiyou National Monument Expansion (a) Expansion and administration Subject to valid existing rights, the Secretary shall administer the approximately 2,050 acres of Bureau of Land Management land generally depicted as ‘Cascade Siskiyou National Monument Expansion’ on the map entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor and dated November 18, 2013, as part of the Cascade-Siskiyou National Monument (referred to in this section as the Monument ), in accordance with— (1) this section; (2) Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247); and (3) section 105 and any law (including regulations) generally applicable to Bureau of Land Management land, including the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (b) Fire management As soon as practicable after the date of enactment of this section, the Secretary shall— (1) revise the fire management plan for the Monument to include the land added to the Monument under subsection (a); and (2) in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the Monument. (c) Grazing (1) In general Subject to paragraph (2), the Secretary may allow the grazing of livestock within the approximately 2,050 acres of expansion land to continue as authorized under permits or leases in existence as of the date of enactment of this section. (2) Applicable law Grazing under paragraph (1) shall be— (A) at a level not greater than the level at which the grazing exists as of the date of enactment of this section, as measured in Animal Unit Months; and (B) in accordance with applicable law. (d) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Monument additions. (f) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (g) Land reclassification (1) In general The Secretary shall reclassify the approximately 200 acres of Federal land generally depicted as Other BLM lands on the map described in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 . 113. Illinois Valley Salmon and Botanical Area Special Management Unit (a) Establishment There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled O&C Land Grant Act of 2013: Illinois Valley Salmon and Botanical Area and dated November 18, 2013, to be known as the Illinois Valley Salmon and Botanical Area (referred to in this section as the Botanical Area ). (b) Purposes The purposes of the Botanical Area are to provide for the protection, preservation, and enhancement of botanical, nonmotorized recreational, ecological, scenic, cultural, watershed, and fish and wildlife values. (c) Administration The Secretary shall— (1) administer the Botanical Area— (A) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (B) consistent with section 105; and (2) only allow uses of the Botanical Area that are consistent with the purposes described in subsection (b). (d) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Botanical Area shall be limited to roads designated by the Secretary. (e) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Botanical Area. (g) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (h) Land reclassification (1) In general The Secretary shall reclassify the approximately 7,200 acres of Federal land generally depicted as Other BLM lands on the map described in subsection (a) as Oregon and California Railroad grant land. (2) Applicability The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 . 114. Pacific Crest National Scenic Trail Protection Corridor (a) Establishment The Secretary shall— (1) not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 , establish a protection and management corridor in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as ‘Pacific Crest Trail Protection Corridor’ on the map entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor and dated November 18, 2013, to be known as the Pacific Crest Trail Corridor (referred to in this section as the PCT Corridor ); and (2) draw the PCT Corridor boundaries to include— (A) all the Bureau of Land Management land within approximately 1/4 mile on either side of the Pacific Crest National Scenic Trail; and (B) to the extent practicable, recreational, scenic, historical, wildlife, water, and other resources associated with the Pacific Crest National Scenic Trail that are in need of protection. (b) Administration (1) In general The Secretary shall manage the Federal land administered by the Bureau of Land Management described in subsection (a) to protect and enhance enjoyment of the recreational, scenic, historical, wildlife, and water values of the PCT Corridor in as natural and undeveloped state as practicable. (2) Activities Forest thinning and vegetation treatments should be considered consistent with paragraph (1) if the purpose is— (A) to improve forest health when faced by a threat of fire, insect outbreak, or disease; (B) to improve or maintain recreational facilities and opportunities; or (C) to protect public health or safety. (c) Forest roads Forest roads crossing the PCT Corridor or within the PCT Corridor shall be limited to those necessary for the proper use and administration of adjacent public land, as determined by the Secretary in applicable management plans. (d) Applicable law If the PCT Corridor established by this subsection is within an area designated by Congress for special management, the most restrictive provisions of law shall apply. (e) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the PCT Corridor. (g) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. 115. Primitive backcountry special management areas (a) Management (1) In general The Secretary shall manage the Federal land administered by the Bureau of Land Management described in subsection (b) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use. (2) Activities Forest thinning and vegetation treatments should be considered consistent with paragraph (1) if the purpose is— (A) to improve forest health when faced by a threat of fire, insect outbreak, or disease; (B) to improve or maintain recreational facilities and opportunities; or (C) to protect public health or safety. (b) Description of land The Federal land referred to in subsection (a) is the following: (1) Grizzly peak primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Grizzly Peak Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Grizzly Peak Primitive Backcountry Area . (2) Dakubetede primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 21,200 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Dakubetede Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Dakubetede Primitive Backcountry Area . (3) Wellington wildlands primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,700 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Wellington Wildlands Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Wellington Wildlands Primitive Backcountry Area . (4) Mungers butte primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,200 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Mungers Butte Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Mungers Butte Primitive Backcountry Area . (5) Brummitt fir primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,000 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Brummitt Fir Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Brummitt Fir Primitive Backcountry Area . (6) Crabtree valley primitive backcountry area Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Crabtree Valley Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Crabtree Valley Primitive Backcountry Area . (c) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the land described in subsection (b) shall be limited to roads designated by the Secretary. (d) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the land described in subsection (b). (f) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (g) Land reclassification (1) In general The Secretary shall reclassify the approximately 3,600 acres of Federal generally depicted as Other BLM lands on the maps described in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 . 116. Special Environmental Zones (a) Designation There are established special resources management units consisting of current and proposed areas of critical environmental concern managed by the Bureau of Land Management that are not otherwise designated by this Act, as generally depicted on the map entitled O&C Land Grant Act of 2013: Special Environmental Zones and dated November 18, 2013, to be known as Special Environmental Zones (referred to in this section as Special Environmental Zones ). (b) Purposes The purposes of the Special Environmental Zones are to provide for the protection, preservation, and enhancement of ecological, scenic, cultural, watershed, and fish and wildlife values. (c) Administration The Secretary shall— (1) administer the Special Environmental Zones— (A) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and (B) consistent with section 105; and (2) only allow uses of the Special Environmental Zones that are consistent with the purposes described in subsection (b). (d) Off-Road vehicles The use of motorized vehicles on Bureau of Land Management holdings in the Special Environmental Zones shall be limited to roads designated by the Secretary. (e) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Special Environmental Zones. (g) Protection of tribal rights Nothing in this section diminishes any treaty rights of any Indian tribe. (h) Effect on other laws If a Special Environmental Zone established by this section is located within an area designated by Congress for special management, the most restrictive provisions of Federal law shall apply. 117. Land ownership consolidation (a) In general The Secretary shall seek to consolidate Federal and non-Federal land by conveying the covered land and by acquiring private or State-owned land to create more contiguous blocks of land under the jurisdiction of the Secretary— (1) to improve the efficiency of management of the Federal land; (2) to facilitate resource management on the Federal land; or (3) to improve the conservation value of the Federal land. (b) Review Not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall review and inventory the covered land to identify any public land that— (1) as the result of location or other characteristic, is no longer necessary or appropriate for continued Federal management in accordance with this Act; or (2) is determined to facilitate achieving any of the purposes described in subsection (a). (c) Consultation with adjacent landowners As soon as practicable after completing the review and inventory under subsection (b), the Secretary shall consult with the owners of adjacent land to determine whether there is mutual interest in entering into land exchanges if the exchange will meet any of the purposes described in subsection (a). (d) Expedited land exchanges (1) In general If an owner of adjacent land described in subsection (c) expresses interest in participating in a land exchange under this section, the Secretary may complete that land exchange in accordance with paragraphs (2) through (5). (2) Public interest determination (A) In general If an owner of adjacent land described in subsection (c) proposes to the Secretary entering into a land exchange under this section, the Secretary shall, not later than 90 days after receiving the proposal, determine whether the public interest will be well-served by making the exchange. (B) Failure to make public interest determination If the Secretary fails to make the determination by the date described in subparagraph (A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives— (i) a report explaining the reason why the determination has not been made; and (ii) every 30 days after the report described in clause (i) is submitted until the date on which the Secretary makes a determination, an updated report. (3) Exchange pending completion of appraisals If the Secretary determines that a proposed land exchange is in the public interest, the Secretary may allow for the Federal and non-Federal land to be exchanged pending completion of appraisals, subject to a binding commitment from the non-Federal landowner and any terms and conditions the Secretary may require to ensure that the values of the Federal and non-Federal land are ultimately equal or equalized in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) ). (4) Land of approximately equal value In order to expedite a land exchange that the Secretary has determined to be in the public interest under paragraph (2), the Secretary may use the authority to exchange land of approximately equal value in accordance with section 206(h) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(h) ) as applicable. (5) Additional exchange authority The Secretary may exercise the authority under the Act of March 20, 1922 ( 16 U.S.C. 485 ), to facilitate land exchanges under this section, except that any reference to the Secretary of Agriculture in that Act shall be considered to be a reference to the Secretary, and any reference to national forests in that Act shall be considered to be a reference to covered land. (e) Sale of public land (1) In general (A) Establishment The Secretary shall establish a program to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under this section. (B) Priority sales The Secretary shall prioritize the sales of land of those parcels identified by the Secretary as suitable for disposal as of the date of enactment of the Oregon and California Land Grant Act of 2013 , identified as Land Tenure, Zone 3 as generally depicted on the map entitled Western Oregon Forestry Land Tenure, Zone 3 and dated September 6, 2013. (2) Sale procedures The sale of public land identified under subsection (a) shall be conducted in accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 , 1719). (3) Exceptions to competitive bidding requirements The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713(f) ) shall apply to this section in cases in which the Secretary determines it to be necessary. (f) Use of proceeds (1) In general Notwithstanding any other provision of law (other than a law that specifically provides for a portion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale under subsection (e) of land described in subsection (a) shall— (A) in the case of land sold within a forestry emphasis area, be deposited into a separate account in the Treasury to be known as the O&C Land—Forestry Emphasis Areas Acquisition Account ; and (B) in the case of land sold within a conservation emphasis area, be deposited into a separate account in the Treasury to be known as the O&C Land—Conservation Emphasis Areas Acquisition Account . (2) Availability Amounts in the accounts described in paragraph (1) shall be available to the Secretary, without further appropriation, to purchase land or interests in land, from willing sellers only, if acquisition of the non-Federal land will meet 1 or more of the purposes described in subsection (a). (3) Administrative expenses An amount not to exceed 20 percent of the funds deposited in the accounts described in paragraph (1) may be used by the Secretary for administrative and other expenses necessary to carry out the activities authorized in this section. (g) Balance in accounts The Secretary shall administer the balance in the accounts described in subsection (f)(1) as follows: (1) The Secretary shall not complete the sale of more than 5,000 acres of the land identified under subsection (b) prior to obligating funds from the accounts described in subsection (f)(1) for the acquisition of at least 1 parcel. (2) The Secretary shall seek to keep the balances in the accounts described in subsection (f)(1) low by using the funds in the accounts to acquire parcels as soon as practicable. (h) Acquired land (1) Forestry emphasis areas Any land or interest in land acquired using funds from the O&C Land—Forestry Emphasis Areas Acquisition Account shall be administered by the Secretary in accordance with section 103. (2) Conservation emphasis areas Any land or interest in land acquired using funds from the O&C Land—Conservation Emphasis Areas Acquisition Account shall be administered by the Secretary in accordance with section 105. 118. Categorical exclusions (a) In general Except as provided in subsection (c), the eligible activities described in subsection (b) that are conducted on covered land in accordance with this section shall be— (1) considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation); and (2) exempt from administrative review. (b) Eligible activities The eligible activities referred to in subsection (a) consist of the following: (1) The placement of trees and portions of trees in streams to benefit fish species. (2) The planting of riparian vegetation with species of vegetation native to the State. (3) The replacement of culverts that— (A) impede fish passage; or (B) are unable to withstand a 100-year flood event. (4) The removal of any road that— (A) was not established by the Bureau of Land Management; and (B) was established less than 20 years before the date of removal of the road. (c) Exclusion of certain areas Subsection (a) does not apply to eligible activities located in— (1) a component of the National Wilderness Preservation System; (2) a wilderness study area; or (3) an area in which activities described in subsection (b) would be inconsistent with the applicable resource management plan. 119. Closure or decommissioning of Bureau of Land Management roads (a) Closure or decommissioning of BLM roads (1) In general The Secretary shall seek to close or decommission nonessential roads on covered land in a manner that, minimizes, to the maximum extent practicable, the hydrologic impact of the closure or decommissioning. (2) Priority In carrying out paragraph (1), the Secretary shall prioritize nonessential roads for closure or decommissioning, using the following criteria: (A) Nonessential roads that are most likely to cause the greatest magnitude of environmental harm, including— (i) roads located on steep slopes; (ii) roads located in a manner that cause, or are at a risk of causing, chronic sedimentation, road failure, landslides, or other environmental concerns (including roads with high densities of stream crossings); (iii) roads that pose public safety concerns; or (iv) roads that, if closed or decommissioned, would significantly enhance watershed function and wildlife habitat through the restoration of large blocks of habitat. (B) The usage of the nonessential road for administrative activities of the Bureau of Land Management or by the public. (C) The expenses necessary to complete the closure or decommissioning of the nonessential road. (b) Legacy roads and trails program (1) In general The Secretary shall establish a program to be known as the Legacy Roads and Trails program to provide— (A) urgently needed road decommissioning, road and trail repair and maintenance and associated activities, and removal of fish passage barriers, especially in areas in which roads may be contributing to water quality problems in streams and water bodies that support threatened, endangered, or sensitive species or community water sources; (B) urgently needed road repairs required due to recent storm events; or (C) the decommissioning of unauthorized roads that are not part of the transportation system. (2) Project selection (A) In general The Secretary shall use public input in the selection of projects and display its selection process on the website of the Bureau of Land Management. (B) Priorities In selecting projects under this subsection, the Secretary shall give priority to— (i) decommissioning and repairing roads and trails in environmentally sensitive areas; and (ii) areas in which roads may be contributing to water quality problems in streams and water bodies the support threatened or endangered species, or species considered sensitive by the Secretary. (3) Report to Congress Not later than 120 days after the end of each fiscal year, the Secretary shall submit to Congress a report on the status of the projects selected for completion in the following 2 fiscal years. (4) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2013 through 2023. 120. Special management and research areas (a) In general The Secretary shall designate 50,000 acres across 2 to 5 sites in both moist forests and dry forests to be comanaged by the Secretary and Oregon State University as special management and research areas in accordance with the criteria described in subsection (b). (b) Criteria In designating land as special management and research areas under subsection (a), the Secretary shall designate— (1) 20 to 30 percent of land that is designated as Conservation Emphasis Areas on the maps described in section 102(a)(2); (2) 70 to 80 percent of land that is designated as Forestry Emphasis Areas on the maps described in section 102(a)(2); (3) land, to the maximum extent practicable, contiguous to other land designated under subsection (a); (4) land within close proximity of other land designated under subsection (a); (5) land located within 150 miles of the main campus of Oregon State University in Corvallis, Oregon; and (6) selected in consultation with Oregon State University. (c) Authorized projects Land designated under subsection (a) shall be used for the conducting by institutions of higher education in the State of research projects and demonstration projects that address— (1) increasing social awareness and knowledge of the environmental, social, and economic impacts on the implementation of ecological forestry on public land; (2) improving the health of rural communities and citizens; (3) reducing catastrophic fires and the degradation of ecosystem health; (4) increasing conservation with a landscape approach; and (5) understanding the riparian reserve approaches authorized under this Act. (d) Monitoring Work performed on land designated under subsection (a) shall include— (1) post-treatment monitoring of the effects of the treatments on the land; and (2) if practicable, monitoring of other projects implemented under this Act, including monitoring by— (A) diverse stakeholders; (B) collaborative groups; (C) Federal agencies; and (D) institutions of higher educations. (e) Institutions of higher education At least 10 percent of the authorized projects conducted annually under this section shall be conducted by an institution of higher education in the State other than Oregon State University. (f) Minimum acreage (1) In general At least 3,750 acres of the land designated under subsection (a) shall be treated during each 5-year period. (2) Failure to treat If the minimum acreage under paragraph (1) is not treated for two 5-year periods during a 20-year period, management of the land designated under subsection (a) shall revert to traditional management status by the Secretary. (g) Review The Bureau of Land Management State Director shall— (1) review and decide whether to permit each proposed treatment to be conducted as part of an authorized project; and (2) review for adequacy the paperwork required to be prepared for each treatment. (h) Effect Nothing in this section supersedes or modifies any provision of Federal law not expressly superseded or modified by this section. 121. Compliance (a) In general The Secretary shall establish guidelines to ensure that the following trees are not cut in the covered area in violation of this Act: (1) Nest trees. (2) Trees equal to or greater than 250 years of age measured at breast height. (3) Old growth trees less than 250 years of age measured at breast height. (b) Issuance of penalty to the contractor If a contractor cuts a tree described in paragraph (1) or (2) of subsection (a), the contractor shall make a payment to the Secretary equal to 3 times the value of that tree, as determined under subsection (c). (c) Valuation (1) In general The stumpage value of the 1 or more trees described in paragraph (1) or (2) of subsection (a) shall be used to calculate the amount of the payment to be made under subsection (b) in accordance with this subsection. (2) Volume of trees cut The volume of the trees cut shall be calculated using— (A) the Scribner Decimal C Log Rule; and (B) West-Side Scaling methods. (3) Stumpage value of trees (A) In general The stumpage value of the trees cut shall be determined using the Log Price Report or other similar document prepared regularly by the Oregon Department of Forestry in accordance with this subsection. (B) Stumpage value The stumpage value of the trees used shall be based on the average price paid by mills on delivery for similar trees harvested— (i) in the same calendar year quarter that the trees cut were discovered to be in violation of this Act; and (ii) in the same region of the State, as determined by the Oregon Department of Forestry. (C) Transportation costs The costs of transporting the cut trees to a mill shall not be considered when determining the value of the trees under this subsection. (d) Penalty system (1) In general Subject to paragraph (2), not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall establish a penalty system designed to deter contractors from cutting trees in the covered area, in violation of this Act, that are between the ages of 150 and 250 measured at breast height. (2) Restrictions (A) In general The penalty system under paragraph (1) shall allow for some de minimis quantity of trees described in that paragraph, as determined by the Secretary, to be determined to be trees cut in error and not subject to penalty. (B) Modification of penalty system If the quantity of trees described in paragraph (1) that are cut by a contractor is greater than twice the de minimis quantity established by the Secretary, the Secretary shall, after public notice and opportunity to comment for a period of 30 days, revise the penalty system accordingly. 122. Review by advisory panel (a) In general Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2013 and every 10 years thereafter, the Secretary shall convene a scientific and technical advisory panel of scientists that are not permanent employees of the Bureau of Land Management to perform a comprehensive scientific and managerial review on whether the provisions of this Act have been implemented in a manner that results in robust timber harvests and maintains environmental values, including— (1) the effect on forest health; (2) the effect on watershed health; (3) impacts to early and late successional habitat; and (4) the effectiveness of the riparian reserves. (b) Report Not later than 180 days after the date on which a panel is convened under subsection (a), the panel shall submit to Congress a report that includes recommendations with respect to the implementation of this Act, including recommendations for any additional legislation needed to implement this Act. 123. Transition (a) In general During the period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 and ending 90 days after the date the record of decision is completed under section 104, a transition period (referred to in this section as the transition period ) shall be in effect in accordance with this section. (b) Management (1) In general Except as provided in paragraph (2), during the transition period, the Secretary shall manage the covered land, including continuing to plan timber sales and restoration projects, in accordance with the designations, allocation, and requirements of this Act. (2) Pending timber sales Timber sales for which an environmental impact statement, environmental assessment, or categorical exclusion documentation required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been completed or will be completed during the 60-day period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 shall proceed in accordance with the terms of the sales. (c) Special administrative review process The procedures established under section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ) shall be the only process to administratively challenge projects during the transition period. (d) Existing contracts (1) In general Any work or timber contract sold or awarded by the Secretary on or with respect to covered land before the date of enactment of the Oregon and California Land Grant Act of 2013 shall remain binding and effective according to the terms of the contract. (2) Administration The Secretary shall seek to make such accommodations as are necessary to avoid interfering with the performance of a contract described in paragraph (1). (e) Existing access rights (1) In general During the transition period, the Secretary shall preserve all rights of access and use of covered land (including reciprocal rights-of-way agreements, tail hold agreements, or other right-of-way or easement obligations) existing on the date of enactment of the Oregon and California Land Grant Act of 2013 . (2) Administration Rights described in paragraph (1) shall remain applicable to covered land in the same manner and to the same extent as the rights applied before the date of enactment of the Oregon and California Land Grant Act of 2013 . 124. Effect Nothing in this Act affects any private ownership or rights, including rights-of-way and tribal treaty rights, or terminates any valid lease, permit, patent, or other right of authorization existing on the date of enactment of the Oregon and California Land Grant Act of 2013 with regard to covered land. . 102. Distribution of funds (a) In general Title II of the Oregon and California Land Grant Act ( 43 U.S.C. 1181f ) is amended to read as follows: II Distribution of funds 201. Distribution of funds (a) Fund Effective for fiscal year 2014 and each fiscal year thereafter, all funds deposited in the Treasury in the special fund designated the Oregon and California Railroad Land-Grant Fund shall be distributed annually in accordance with this section. (b) General fund Subject to subsection (d)(4)(C), as soon as practicable after the end of each fiscal year described in subsection (a), $4,000,000 of all amounts received for the applicable fiscal year by the Secretary from the covered land shall be transferred to the general fund of the Treasury. (c) Administrative costs (1) In general Subject to paragraph (2) and subsection (d)(4)(C), all amounts received for the applicable fiscal year by the Secretary from the covered land shall be used to pay for the management and administrative expenses for, and capital improvement costs on, covered land. (2) Limitations The amount of revenue that is used to pay for expenses and costs for a fiscal year under paragraph (1) shall not exceed— (A) 25 percent of all amounts received for the applicable fiscal year by the Secretary from the covered land during the fiscal year; or (B) $20,000,000. (d) Payments to counties (1) In general All amounts received for the applicable fiscal year by the Secretary from the covered land during a fiscal year that is in excess of the amount necessary to carry out subsections (b) and (c) shall be provided to the counties that contain covered land (referred to in this subsection as a covered county ) in the form of annual payments. (2) Timing Payments shall be made available to covered counties under this subsection as soon as practicable following the end of each fiscal year. (3) Other county funds Payments made to covered counties under this subsection shall be used as other county funds. (4) Amount (A) In general Subject to subparagraphs (B) and (C), for each fiscal year described in subsection (a), the amount of payments allocated under this subsection to each covered county for a fiscal year shall be equal to the ratio that— (i) the assessed value of covered land in the covered county for fiscal year 1915; bears to (ii) the assessed value of covered land in all covered counties for fiscal year 1915. (B) Nonassessed land For purposes of subparagraph (A), the portion of the covered lands in each of the covered counties that was not assessed for fiscal year 1915 shall be considered to have been assessed at the average assessed value of the covered land in the covered county. (C) Minimum amount (i) In general Subject to clauses (ii) and (iii), the annual payment paid to a covered county under this subsection, to the extent practicable, shall not be less than the payment that the covered county would have received solely under this Act for fiscal year 2013 if the covered county had elected to receive payment under this Act and not under any other law. (ii) Use of general fund share If the portion of revenues to be provided to a covered county for a fiscal year is less than the amount described in clause (i), the payment made to the Treasury for the fiscal year under subsection (b) shall be reduced by an amount necessary to provide the minimum payments required under clause (i) for the covered county. (iii) Use of administrative costs share If the minimum payments required under clause (i) could not be made to all covered counties after the payment made to the Treasury is reduced under clause (ii), the payment made for administrative expenses for the fiscal year under subsection (c) shall be reduced by an amount necessary to provide the minimum payments required under clause (i) for all covered counties. . (b) Effective date The amendment made by subsection (a) takes effect on October 1, 2013. 103. Wild and Scenic River designations (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (208) Nestucca river, oregon The approximately 15-mile segment from its confluence with Ginger Creek downstream until it crosses T. 4 S., R. 7 W., sec. 7, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. (209) Walker creek, oregon The approximately 3-mile segment from the headwaters in T. 3 S., R. 6 W., sec. 20 downstream to the confluence with the Nestucca River in T. 3 S., R. 6 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. (210) North fork silver creek, oregon The approximately 6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 downstream to the edge of the Bureau of Land Management boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. (211) Jenny creek, oregon The approximately 20-mile segment from the Bureau of Land Management boundary located at the north boundary of the southwest quarter of the southeast quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the Oregon State border, to be administered by the Secretary of the Interior as a scenic river. (212) Spring creek, oregon The approximately 1-mile segment from its source at Shoat Springs in T. 40 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the confluence with Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river. (213) Lobster creek, oregon The approximately 6-mile segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, downstream to the edge of the Bureau of Land Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. . (b) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by paragraphs (208) through (213) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) 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 relating to mineral and geothermal leasing or mineral materials. II Tribal land A Oregon Coastal Land Conveyance 201. Definitions In this subtitle: (1) Federal land The term Federal land means the approximately 14,804 acres of Federal land, as generally depicted on the map entitled Oregon Coastal Land Conveyance , and dated March 27, 2013. (2) Planning area The term planning area means land— (A) administered by the Director of the Bureau of Land Management; and (B) located in— (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; and (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Public domain land (A) In general The term public domain land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B) Exclusion The term public domain land does not include any land managed in accordance with the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (4) Secretary The term Secretary means the Secretary of the Interior. (5) Tribe The term Tribe means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. 202. 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 Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal 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. (b) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 203. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 204. Administration (a) In general Unless expressly provided in this subtitle, nothing in this subtitle 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 Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land Any real property taken into trust under section 202 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 ( 25 U.S.C. 2701 et seq. ). 205. Forest management Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws. 206. Land reclassification (a) Identification of Oregon and California Railroad grant land Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is conveyed under section 202. (b) Identification of public domain land Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that— (1) is approximately equal in acreage and condition as the land identified under subsection (a); and (2) is located within the planning area. (c) Maps Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification (1) In general After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1). B Canyon Mountain Land Conveyance 211. Definitions In this subtitle: (1) Federal land The term Federal land means the approximately 17,826 acres of Federal land, as generally depicted on the map entitled Canyon Mountain Land Conveyance , and dated June 27, 2013. (2) Planning area The term planning area means land— (A) administered by the Director of the Bureau of Land Management; and (B) located in— (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; and (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Public domain land (A) In general The term public domain land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B) Exclusion The term public domain land does not include any land managed in accordance with the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (4) Secretary The term Secretary means the Secretary of the Interior. (5) Tribe The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians. 212. 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 Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal 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. (b) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 213. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 214. Administration (a) In general Unless expressly provided in this subtitle, nothing in this subtitle 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 Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land Any real property taken into trust under section 212 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 ( 25 U.S.C. 2701 et seq. ). 215. Forest management Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws. 216. Land reclassification (a) Identification of Oregon and California Railroad grant land Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is conveyed under section 212. (b) Identification of public domain land Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that— (1) is approximately equal in acreage and condition as the land identified under subsection (a); and (2) is located within the planning area. (c) Maps Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification (1) In general After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1). C Amendments to Coquille Restoration Act 221. Amendments to Coquille Restoration Act Section 5(d) of the Coquille Restoration Act ( 25 U.S.C. 715c(d) ) is amended— (1) by striking paragraph (5) and inserting the following: (5) Management (A) In general Subject to subparagraph (B), the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, shall— (i) manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land; and (ii) distribute revenues in accordance with the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ). (B) Administration (i) Unprocessed logs Unprocessed logs harvested from the Coquille Forest shall be subject to the same Federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from Federal land. (ii) Sales of timber Notwithstanding any other provision of law, all sales of timber from land subject to this subsection shall be advertised, offered, and awarded according to competitive bidding practices, with sales being awarded to the highest responsible bidder. ; (2) by striking paragraph (9); and (3) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively. III Oregon treasures A Wild Rogue Wilderness Area 301. Wild Rogue Wilderness Area (a) Definitions In this section: (1) Commission The term Commission means the Federal Energy Regulatory Commission. (2) Map The term map means the map entitled Wild Rogue Wilderness Additions and dated June 12, 2013. (3) Secretary The term Secretary means— (A) the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to National Forest System land. (4) Wilderness additions The term Wilderness additions means the land added to the Wild Rogue Wilderness under subsection (b)(1). (b) Expansion of wild rogue wilderness area (1) Expansion The approximately 56,100 acres of Federal land in the State of Oregon generally depicted on the map as BLM Proposed Wilderness and Proposed USFS Wilderness shall be added to and administered as part of the Wild Rogue Wilderness in accordance with Public Law 95–237 ( 16 U.S.C. 1132 note; 92 Stat. 43), except that— (A) the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and (B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable. (2) Map; legal description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by paragraph (1). (B) Force of law The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) Public availability The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service. (3) Correction Section 3(b) of the Endangered American Wilderness Act of 1978 ( 16 U.S.C. 1132 note; Public Law 95–237 ; 92 Stat. 43) is amended by striking 3(a)(5) and inserting 3(a)(5)(A) . (4) Withdrawal Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (5) Tribal rights Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe. (c) Potential addition to wilderness area (1) Designation Subject to paragraph (3) and in furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), certain public land in the State of Oregon administered by the Secretary of the Interior, compromising approximately 600 acres, as generally depicted on the map as Potential Wilderness , shall be added to and administered as part of the Wild Rogue Wilderness. (2) Interim management Subject to valid existing rights, the Secretary shall manage the land described in paragraph (1) to protect its suitability for designation as wilderness until the date on which the land is designated as wilderness in accordance with paragraph (3). (3) Wilderness designation (A) In general The land described in paragraph (1) shall be designated as wilderness and added to and administered as part of the Wild Rogue Wilderness on the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) have been removed. (B) Administration On designation as wilderness under paragraph (1), the land described in that paragraph shall be administered in accordance with this Act, the Wilderness Act ( 16 U.S.C. 1131 et seq. ), and Public Law 95–237 ( 16 U.S.C. 1132 note; 92 Stat. 40). (4) Withdrawal Subject to valid existing rights, the land described in paragraph (1) is withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Withdrawal area protections (1) In general The Secretary shall manage the Federal land described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use. (2) Description of the land The Federal land referred to in paragraph (1) is the approximately 4,000 acres generally depicted on the map as Withdrawal Area . (3) Maps and legal descriptions (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the land described in paragraph (2). (B) Force of law The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) Public availability The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (4) Use of land (A) In general Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes described in paragraph (1). (B) Prohibited uses The following shall be prohibited on the Federal land described in paragraph (2): (i) Permanent roads. (ii) Commercial enterprises. (iii) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety— (I) the use of motor vehicles; or (II) the establishment of temporary roads. (5) Withdrawal Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (e) Wild and scenic river designations, rogue river area (1) Amendments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by striking paragraph (5) and inserting the following: (5) Rogue, oregon (A) In general The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President. (B) Additions In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River: (i) Kelsey creek The approximately 4.8-mile segment of Kelsey Creek from the east section line of T. 32 S., R. 9 W., sec. 34, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (ii) East fork kelsey creek The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild river. (iii) Whisky creek (I) Recreational river The approximately 0.6-mile segment of Whisky 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) Wild river The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River, as a wild river. (iv) East fork whisky creek (I) Wild river The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles downstream of road 33-8-26 crossing, as a wild river. (II) Recreational river The approximately 0.3-mile segment 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. (v) West fork whisky creek The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek, as a wild river. (vi) Big windy creek (I) Scenic river The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic river. (II) Wild river The approximately 5.8-mile segment 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. (vii) East fork big windy creek (I) Scenic river The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a scenic river. (II) Wild river The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek, as a wild river. (viii) Little windy creek The approximately 1.9-mile segment 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. (ix) Howard creek (I) Scenic river The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river. (II) Wild river The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River, as a wild river. (x) Mule creek The approximately 6.3-mile segment of Mule Creek from the east section line of T. 32 S., R. 10 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xi) Anna creek The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river. (xii) Missouri creek The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xiii) Jenny creek The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.28, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xiv) Rum creek The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xv) East fork rum creek The approximately 1.3-mile segment of East Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river. (xvi) Wildcat creek The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. (xvii) Montgomery creek The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. (xviii) Hewitt creek The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xix) Bunker creek The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xx) Dulog creek (I) Scenic river The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river. (II) Wild river The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. (xxi) Quail creek The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxii) Meadow creek The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxiii) Russian creek The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxiv) Alder creek The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxv) Booze creek The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxvi) Bronco creek The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxvii) Copsey creek The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxviii) Corral creek The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxix) Cowley creek The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxx) Ditch creek The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river. (xxxi) Francis creek The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxxii) Long gulch The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxxiii) Bailey creek The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the confluence of the Rogue River, as a wild river. (xxxiv) Shady creek The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxxv) Slide creek (I) Scenic river The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river. (II) Wild river 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. . (2) Management Each river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(5) ) (as added by paragraph (1)) shall be managed as part of the Rogue Wild and Scenic River. (3) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated under subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(5) ) (as added by paragraph (1)) is withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Additional protections for rogue river tributaries (1) Licensing by commission The Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream described in paragraph (4). (2) Other agencies (A) In general No department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream segment that is described in paragraph (4), except to maintain or repair water resources projects in existence on the date of enactment of this Act. (B) Effect Nothing in this paragraph prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project— (i) the primary purpose of which is ecological or aquatic restoration; and (ii) that provides a net benefit to water quality and aquatic resources. (3) Withdrawal Subject to valid existing rights, the Federal land located within a 1/4 mile on either side of the stream segments described in paragraph (4), is withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (4) Description of stream segments The following are the stream segments referred to in paragraph (1): (A) Kelsey creek The approximately 4.5-mile segment of Kelsey Creek from its headwaters to the east section line of T. 32 S., R. 9 W., sec. 34. (B) East fork kelsey creek The approximately 0.2-mile segment of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5. (C) East fork whisky creek The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11. (D) Little windy creek The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the west section line of T. 33 S., R. 9 W., sec. 34. (E) Mule creek The approximately 5.1-mile segment of Mule Creek from its headwaters to the east section line of T. 32 S., R. 10 W., sec. 25. (F) Missouri creek The approximately 3.1-mile segment of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24. (G) Jenny creek The approximately 3.1-mile segment of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28. (H) Rum creek The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9. (I) East fork rum creek The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10. (J) Hewitt creek The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19. (K) Quail creek The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1. (L) Russian creek The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20. (M) Ditch creek The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5. (N) Long gulch The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23. (O) Bailey creek The approximately 1.4-mile segment of Bailey Creek from its headwaters to the west section line of T. 34 S., R. 8 W., sec. 14. (P) Quartz creek The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek. (Q) North fork galice creek The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek. (R) Grave creek The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River. (S) Centennial gulch The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River. (T) Galice creek The approximately 2.2-mile segment of Galice Creek from the confluence with the South Fork Galice Creek downstream to the Rogue River. B Devil’s Staircase Wilderness 311. Definitions In this subtitle: (1) Map The term map means the map entitled Devil’s Staircase Wilderness Proposal and dated June 15, 2010. (2) Secretary The term Secretary means— (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (3) State The term State means the State of Oregon. (4) Wilderness The term Wilderness means the Devil’s Staircase Wilderness designated by section 312(a). 312. Devil’s Staircase Wilderness, Oregon (a) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 30,540 acres of Forest Service land and Bureau of Land Management land in the State, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Devil’s Staircase Wilderness . (b) Map; legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (2) Force of law The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. (c) Administration Subject to valid existing rights, the area designated as wilderness by this section shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the Wilderness. (d) Fish and Wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent management (1) In general Nothing in this section creates any protective perimeter or buffer zone around the Wilderness. (2) Activities outside wilderness The fact that a nonwilderness activity or use on land outside the Wilderness can be seen or heard within the Wilderness shall not preclude the activity or use outside the boundary of the Wilderness. (f) Protection of Tribal Rights Nothing in this section diminishes any treaty rights of an Indian tribe. (g) Transfer of administrative jurisdiction (1) In general Administrative jurisdiction over the approximately 49 acres of Bureau of Land Management land north of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is transferred from the Bureau of Land Management to the Forest Service. (2) Administration The Secretary shall administer the land transferred by paragraph (1) in accordance with— (A) the Act of March 1, 1911 (commonly known as the Weeks Law ) ( 16 U.S.C. 480 et seq. ); and (B) any laws (including regulations) applicable to the National Forest System. 313. Wild and Scenic River designations, Wasson Creek and Franklin Creek, Oregon Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as amended by section 103(a)) is amended by adding at the end the following: (214) Franklin Creek, Oregon The 4.5-mile segment from its headwaters to the line of angle points within sec. 8, T. 22 S., R. 10 W., shown on the survey recorded in the Official Records of Douglas County, Oregon, as M64–62, to be administered by the Secretary of Agriculture as a wild river. (215) Wasson Creek, Oregon The 10.1-mile segment in the following classes: (A) The 4.2-mile segment from the eastern boundary of sec. 17, T. 21 S., R. 9 W., downstream to the western boundary of sec. 12, T. 21 S., R. 10 W., to be administered by the Secretary of the Interior as a wild river. (B) The 5.9-mile segment from the western boundary of sec. 12, T. 21 S., R. 10 W., downstream to the eastern boundary of the northwest quarter of sec. 22, T. 21 S., R. 10 W., to be administered by the Secretary of Agriculture as a wild river. . C Additional wild and scenic river designations and technical corrections 321. Designation of Wild and Scenic River segments, Molalla River, Oregon (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (208) Molalla river, oregon (A) In general The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river: (i) Molalla river 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. (ii) Table rock fork molalla river The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in the NE 1/4 sec. 4, T. 7 S., R. 4 E., downstream to the confluence with the Molalla River. (B) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn 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 relating to mineral and geothermal leasing or mineral materials. . (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 . 322. Technical corrections to the Wild and Scenic Rivers Act Section 3(a)(69) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(69) ) is amended— (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking The 44.5-mile and inserting the following: (A) Designations The 44.5-mile ; (3) in clause (i) (as so 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 so redesignated)— (A) by striking 8-mile and inserting 7.5-mile ; and (B) by striking Boulder Creek to Steel Bridge and inserting Mislatnah Creek to Eagle Creek ; (5) in clause (iii) (as so redesignated)— (A) by striking 11-mile and inserting 9.5-mile ; and (B) by striking Steel Bridge and inserting Eagle Creek ; and (6) by adding at the end the following: (B) Withdrawal Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (A), is withdrawn 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. .