O&C Act of 2013 Bill Text

II

113TH CONGRESS 1ST SESSION S. 1784

To improve timber management on Oregon and California Railroad and

Coos Bay Wagon Road grant land, and for other purposes.

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.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Oregon and California Land Grant Act of 2013’’. 5

(b) TABLE OF CONTENTS.—The table of contents of 6

this Act is as follows: 7

Sec. 1. Short title; table of contents.

TITLE I—MANAGEMENT ON OREGON AND CALIFORNIA RAILROAD

AND COOS BAY WAGON ROAD GRANT LAND

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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. 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. 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, Or-

egon.

Sec. 322. Technical corrections to the Wild and Scenic Rivers Act.


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TITLE I—MANAGEMENT ON OR-1

EGON AND CALIFORNIA RAIL-2

ROAD AND COOS BAY WAGON 3

ROAD GRANT LAND 4

SEC. 101. MANAGEMENT ON OREGON AND CALIFORNIA 5

RAILROAD AND COOS BAY WAGON ROAD 6

GRANT LAND. 7

The Act of August 28, 1937 (43 U.S.C. 1181a et 8

seq.), is amended— 9

(1) by redesignating sections 2, 4, and 5 (43 10

U.S.C. 1181b, 1181d, 1181e) as sections 119, 120, 11

and 121, respectively; and 12

(2) by striking the first section and inserting 13

the following: 14

‘‘SECTION 1. SHORT TITLE. 15

‘‘This Act may be cited as the ‘Oregon and California 16

Land Grant Act’. 17

‘‘SEC. 2. DEFINITIONS. 18

‘‘In this Act: 19

‘‘(1) ARCHEOLOGICAL SITE.—The term ‘archeo-20

logical site’ means any district, site, building, struc-21

ture, or object that is included in or eligible for in-22

clusion in the National Register under section 106 23

of the National Historic Preservation Act (16 U.S.C. 24

470f). 25


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‘‘(2) CONSERVATION EMPHASIS AREA.—The 1

term ‘conservation emphasis area’ means covered 2

land that is devoted to conservation uses as des-3

ignated on the map under section 102(a)(2). 4

‘‘(3) COVERED LAND.—The term ‘covered land’ 5

means Oregon and California Railroad and Coos 6

Bay Wagon Road grant land described in section 7

101. 8

‘‘(4) DEPARTMENT.—The term ‘Department’ 9

means the Department of the Interior. 10

‘‘(5) DRY FOREST.—The term ‘dry forest’ 11

means— 12

‘‘(A) during the 10-year period beginning 13

on the date of enactment of the Oregon and 14

California Land Grant Act of 2013, land gen-15

erally depicted as dry forest on the map entitled 16

‘O&C Land Grant Act of 2013: Moist Forests 17

and Dry Forests’ and dated November 18, 18

2013, except that plant associations and plant 19

association groups may be used to adjust the 20

dry forest assignment in specific locations based 21

on an on-the-ground field examination by the 22

Secretary; and 23


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‘‘(B) after the period described in subpara-1

graph (A), land designated as dry forest by the 2

Secretary under section 103(b). 3

‘‘(6) ECOLOGICAL FORESTRY.—The term ‘eco-4

logical forestry’ means forestry that— 5

‘‘(A) incorporates principles of natural for-6

est development (including the role of natural 7

disturbances) in the initiation, development, 8

and maintenance of stands and landscape mosa-9

ics; and 10

‘‘(B) is based on the application of the best 11

available ecological understanding of forest eco-12

systems in managing those ecosystems to 13

achieve integrated environmental, economic, and 14

cultural outcomes. 15

‘‘(7) FORESTRY EMPHASIS AREA.—The term 16

‘forestry emphasis area’ means covered land that is 17

primarily devoted to a sustained yield of timber har-18

vest over time, as designated on the map under sec-19

tion 102(a)(1). 20

‘‘(8) KEY WATERSHED.—The term ‘key water-21

shed’ means a watershed that— 22

‘‘(A) is critical to 1 or more populations of 23

native fish; 24

‘‘(B) provides high quality water; and 25


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‘‘(C) is the same as 1 of the key water-1

sheds designated under the Northwest Forest 2

Plan. 3

‘‘(9) MOIST FOREST.—The term ‘moist forest’ 4

means— 5

‘‘(A) during the 10-year period beginning 6

on the date of enactment of the Oregon and 7

California Land Grant Act of 2013, land gen-8

erally depicted as moist forest on the map enti-9

tled ‘O&C Land Grant Act of 2013: Moist For-10

ests and Dry Forests’ and dated November 18, 11

2013, except that plant associations and plant 12

association groups may be used to adjust the 13

dry forest assignment in specific locations based 14

on an on-the-ground field examination by the 15

Secretary; and 16

‘‘(B) after the period described in subpara-17

graph (A), land designated as moist forest by 18

the Secretary under section 103(b). 19

‘‘(10) MONUMENT.—The term ‘Monument’ 20

means the Cascade-Siskiyou National Monument (as 21

defined in section 1401 of the Omnibus Public Land 22

Management Act of 2009 (16 U.S.C. 431 note; Pub-23

lic Law 111–11)). 24

‘‘(11) NEST TREE.— 25


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‘‘(A) IN GENERAL.—The term ‘nest tree’ 1

means a tree that— 2

‘‘(i) is currently in use by a northern 3

spotted owl for nesting; or 4

‘‘(ii) has been documented to have 5

been used by a northern spotted owl for 6

nesting during the previous 5-year period. 7

‘‘(B) EXCLUSION.—The term ‘nest tree’ 8

does not include a tree that has been used by 9

a northern spotted owl for nesting during the 10

previous 5-year period if the tree— 11

‘‘(i) is located in an area in which a 12

major disturbance (such as a crown fire, 13

tree defoliating insect or disease outbreak, 14

or blow down) has occurred during the pe-15

riod; and 16

‘‘(ii) is not currently being occupied 17

by a northern spotted owl. 18

‘‘(12) OLD GROWTH.—The term ‘old growth’ 19

means— 20

‘‘(A) in the case of a moist forest, trees 21

that are— 22

‘‘(i) greater than 150 years of age 23

measured at breast height; or 24


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‘‘(ii)(I) in a stand of trees in which 1

the average stand age is 120 years or 2

greater as of the date of enactment of the 3

Oregon and California Land Grant Act of 4

2013; and 5

‘‘(II) generally depicted as old growth 6

stands on the map entitled ‘O&C Land 7

Grant Act of 2013: Legacy Old Growth 8

Protection Network’ and dated November 9

18, 2013; and 10

‘‘(B) in the case of a dry forest, trees that 11

are greater than 150 years of age measured at 12

breast height. 13

‘‘(13) OLDER TREES.—The term ‘older trees’ 14

means trees that are older than 100 years of age but 15

less than 150 years of age measured at breast height 16

as of the date of enactment of the Oregon and Cali-17

fornia Land Grant Act of 2013. 18

‘‘(14) RESIDENCE.—The term ‘residence’ 19

means a privately owned, permanent structure that 20

is— 21

‘‘(A) maintained for habitation as a dwell-22

ing or workplace; and 23

‘‘(B) located in an area with a density that 24

is greater than 1 structure per 20 acres. 25


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‘‘(15) RIPARIAN RESERVE.—The term ‘riparian 1

reserve’ means an area that is— 2

‘‘(A) solely devoted to achieving the goals 3

for the aquatic conservation strategy described 4

in section 102(e); and 5

‘‘(B) generally located along a river, 6

stream, lake, wetland, or other hydrologic fea-7

ture or unstable or potentially unstable area for 8

which special standards and guidelines direct 9

land use. 10

‘‘(16) SALMON.— 11

‘‘(A) IN GENERAL.—The term ‘salmon’ 12

means any of the wild anadromous 13

Oncorhynchus species that occur in the State. 14

‘‘(B) INCLUSIONS.—The term ‘salmon’ in-15

cludes— 16

‘‘(i) chinook salmon (Oncorhynchus 17

tshawytscha); 18

‘‘(ii) coho salmon (Oncorhynchus 19

kisutch); 20

‘‘(iii) chum salmon (Oncorhynchus 21

keta); 22

‘‘(iv) steelhead trout (Oncorhynchus 23

mykiss); and 24


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‘‘(v) coastal cutthroat trout 1

(Oncorhynchus clarkii clarkii). 2

‘‘(17) SECRETARY.—The term ‘Secretary’ 3

means the Secretary of the Interior, acting through 4

the Bureau of Land Management. 5

‘‘(18) SITE-POTENTIAL TREE HEIGHT.—The 6

term ‘site-potential tree height’ means the average 7

maximum height of the tallest dominant trees that 8

are 200 years of age for a given site class. 9

‘‘(19) STANDS LESS THAN OR EQUAL TO 80 10

YEARS OF AGE.—The term ‘stands less than or 11

equal to 80 years of age’ means stands of trees in 12

forestry emphasis areas that are less than or equal 13

to 80 years of age as generally depicted on the map 14

entitled ‘O&C Land Grant Act of 2013: Forest 15

Stands Less Than or Equal to 80 Years of Age’ and 16

dated November 18, 2013. 17

‘‘(20) STATE.—The term ‘State’ means the 18

State of Oregon. 19

‘‘(21) SUSTAINED YIELD.—The term ‘sustained 20

yield’ means the timber yield that can be sustained 21

under a specific management intensity consistent 22

with multiple-use objectives on forestry emphasis 23

areas. 24


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‘‘(22) TREE TIPPING.—The term ‘tree tipping’ 1

means the intentional felling and placement of trees 2

in a stream or on the forest floor during timber har-3

vest operations. 4

‘‘(23) WATERSHED ANALYSIS.—The term ‘wa-5

tershed analysis’ means an analysis of the geo-6

morphic and ecological processes in watersheds to 7

determine the ecological importance of streams and 8

riparian areas. 9

‘‘(24) WATERSHED PROTECTION.—The term 10

‘watershed protection’ means sustaining and enhanc-11

ing watershed functions that affect the plant, ani-12

mal, and human communities within a watershed 13

boundary. 14

‘‘(25) WATERSHED RESTORATION.—The term 15

‘watershed restoration’ means a comprehensive, 16

long-term restoration intended to restore watershed 17

health and an aquatic ecosystem, including the habi-18

tat supporting fish and other aquatic and riparian- 19

dependent organisms and the ecological processes 20

that create and maintain habitats. 21


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‘‘TITLE I—MANAGEMENT ON OR-1

EGON AND CALIFORNIA RAIL-2

ROAD AND COOS BAY WAGON 3

ROAD GRANT LAND 4

‘‘SEC. 101. LAND MANAGEMENT. 5

‘‘(a) IN GENERAL.—Notwithstanding the Act of June 6

9, 1916 (39 Stat. 218, chapter 137), and the Act of Feb-7

ruary 26, 1919 (40 Stat. 1179, chapter 47), such portions 8

of the revested Oregon and California Railroad and recon-9

veyed Coos Bay Wagon Road grant land as are under the 10

jurisdiction of the Department and are classified as 11

timberland or power-site land valuable for timber shall be 12

managed in accordance with this Act. 13

‘‘(b) EFFECT.—Except as specifically provided in this 14

Act, nothing in this Act modifies any designation or con-15

veyance of any portion of the covered area as in effect 16

on the day before the date of enactment of the Oregon 17

and California Land Grant Act of 2013. 18

‘‘SEC. 102. ALLOCATION AND MANAGEMENT OF COVERED 19

LAND. 20

‘‘(a) IN GENERAL.—As designated on the map enti-21

tled ‘O&C Land Grant Act of 2013: Forestry Emphasis 22

Areas and Conservation Emphasis Areas’ and dated No-23

vember 18, 2013, covered land shall be allocated into— 24

‘‘(1) forestry emphasis areas; and 25


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‘‘(2) conservation emphasis areas. 1

‘‘(b) MANAGEMENT.—Covered land shall be managed 2

in a manner that is consistent with this Act and under 3

management strategies that— 4

‘‘(1) consider human and economic dimensions 5

of the management of covered land; 6

‘‘(2) protect the long-term health of forests, 7

wildlife, and waterways; 8

‘‘(3) are scientifically sound, ecologically cred-9

ible, and legally responsible; 10

‘‘(4) produce a predictable and sustainable level 11

of timber sales and nontimber resources that do not 12

significantly degrade the environment; and 13

‘‘(5) emphasize collaboration among the Federal 14

agencies responsible for management of covered 15

land. 16

‘‘(c) FORESTRY EMPHASIS AREAS.— 17

‘‘(1) IN GENERAL.—Forestry emphasis areas 18

shall be managed for permanent forest production. 19

‘‘(2) TIMBER.—Timber from forestry emphasis 20

areas shall be sold, cut, and removed in conformity 21

with the principle of sustained yield and ecological 22

forestry for the purposes of— 23

‘‘(A) providing a permanent source of tim-24

ber supply; 25


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‘‘(B) protecting watersheds; 1

‘‘(C) regulating stream flow; 2

‘‘(D) contributing to the economic stability 3

of local communities and industries; and 4

‘‘(E) providing recreational facilities and 5

opportunities. 6

‘‘(d) OLD GROWTH TREES.— 7

‘‘(1) IN GENERAL.—Except as provided in para-8

graph (3), the Secretary shall prohibit the cutting or 9

removal of any old growth in a covered area. 10

‘‘(2) LEGACY OLD GROWTH PROTECTION NET-11

WORK.— 12

‘‘(A) IN GENERAL.—The stands depicted 13

on the map entitled ‘O&C Land Grant Act of 14

2013: Legacy Old Growth Protection Network’ 15

and dated November 18, 2013, shall be des-16

ignated as the Legacy Old Growth Protection 17

Network to provide for the protection, preserva-18

tion, and enhancement of ecological, scenic, cul-19

tural, watershed, and fish and wildlife values. 20

‘‘(B) MANAGEMENT.—The Secretary 21

shall— 22

‘‘(i) prohibit harvest of trees within 23

the areas designated under subparagraph 24

(A); and 25


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‘‘(ii) only allow uses that are con-1

sistent with the purposes described in sub-2

paragraph (A). 3

‘‘(3) EXCEPTIONS.— 4

‘‘(A) IN GENERAL.—Paragraph (1) shall 5

not apply if the Secretary determines that there 6

is no reasonable alternative to the cutting or re-7

moval of an old growth tree for a purpose de-8

scribed in this paragraph. 9

‘‘(B) ADMINISTRATIVE PURPOSES.—An old 10

growth tree may be cut or removed for adminis-11

trative purposes to carry out a construction or 12

maintenance project if the project would cost 13

more than an additional $3,000 to complete to 14

meet the objectives of the project if the old 15

growth tree is not removed. 16

‘‘(C) PUBLIC SAFETY PURPOSES.—An old 17

growth tree may be cut or removed for public 18

safety purposes if— 19

‘‘(i) a federally employed forester or 20

certified arborist determines the old growth 21

tree is likely to fall within 1 year; and 22

‘‘(ii) the fall of the old growth tree 23

could— 24


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‘‘(I) injure a member of the pub-1

lic or an employee of the Department 2

that regularly is in the vicinity of the 3

old growth tree; or 4

‘‘(II) cause property damage in 5

excess of $3,000. 6

‘‘(D) SCIENTIFIC PURPOSES.—An old 7

growth tree may be cut or removed for scientific 8

purposes as part of a research project if the Di-9

rector of the National Applied Resource 10

Sciences Center— 11

‘‘(i) approves the research project; 12

and 13

‘‘(ii) determines there is an advan-14

tageous reason to cut an old growth tree 15

on land on which the research project will 16

be carried out rather than on other land 17

managed by the Secretary. 18

‘‘(E) SPECIAL USE PURPOSES.— 19

‘‘(i) IN GENERAL.—An old growth 20

tree may be cut or removed for special use 21

purposes that are limited to— 22

‘‘(I) a utility right-of-way, if 23

there is no reasonable alternative; or 24


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‘‘(II) a cultural use by a federally 1

recognized Indian tribe. 2

‘‘(ii) INFORMAL RULEMAKING.—Be-3

fore allowing a special use under this sub-4

paragraph, the Secretary shall conduct an 5

informal rulemaking with a 90-day public 6

comment period. 7

‘‘(F) ADMINISTRATION.—In carrying out 8

this paragraph, the Secretary shall— 9

‘‘(i) provide public notice of the loca-10

tion of the trees; 11

‘‘(ii) certify the reasons for allowing 12

the cutting or removal of old growth trees 13

under this paragraph; and 14

‘‘(iii) seek public comment on the cut-15

ting or removal for at least 7 days if more 16

than 5 trees will be cut or removed within 17

a 30-day period in the same 5-level hydro-18

logic unit code watershed. 19

‘‘(G) COMMERCIAL SALE.—Any tree cut or 20

removed under this paragraph may not be sold 21

commercially. 22

‘‘(4) OLD GROWTH IDENTIFICATION.—Not later 23

than 1 year after the date of enactment of the Or-24

egon and California Land Grant Act of 2013, the 25


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Secretary shall develop protocols for identifying trees 1

greater than 150 years of age at breast height. 2

‘‘(e) WATER QUALITY PROTECTION.— 3

‘‘(1) IN GENERAL.—The primary focus of 4

aquatic and riparian protection in the covered area 5

shall be to protect, maintain, and restore natural ec-6

ological functions and processes beneficial to water 7

quality and quantity, including temperature and tur-8

bidity, native fish and wildlife, and watershed resil-9

ience, including the continued provision of ecosystem 10

services. 11

‘‘(2) AQUATIC CONSERVATION STRATEGY.— 12

‘‘(A) IN GENERAL.—The Secretary shall 13

carry out an aquatic conservation strategy to 14

promote the objectives described in paragraph 15

(1) and the resiliency of the aquatic ecosystems 16

consistent with the goals of the aquatic con-17

servation strategy. 18

‘‘(B) GOALS.—The goals of the aquatic 19

conservation strategy shall be— 20

‘‘(i) to protect, maintain, and restore 21

aquatic ecosystems and the associated eco-22

logical processes for fish, other aquatic or-23

ganisms, riparian-dependent species, and 24

human needs across a region; 25


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‘‘(ii) to manage aquatic ecosystems in 1

a manner that recognizes that fish and 2

other aquatic organisms evolved within a 3

dynamic environment that is constantly in-4

fluenced and changed by geomorphic and 5

ecological disturbances; 6

‘‘(iii) to protect important drinking 7

water source areas and maintain and re-8

store water quality necessary to support 9

healthy riparian, aquatic, and wetland eco-10

systems; and 11

‘‘(iv) to protect, maintain, and restore 12

in-stream flows sufficient to create and 13

sustain riparian, aquatic, and wetland 14

habitats and to retain patterns of sedi-15

ment, nutrient, and wood routing. 16

‘‘(3) PROGRAM COMPONENTS.—The aquatic 17

conservation strategy shall incorporate the key com-18

ponents of the aquatic conservation strategy de-19

scribed in paragraph (2), which shall operate to 20

maintain and restore the productivity and resiliency 21

of riparian and aquatic ecosystems, including— 22

‘‘(A) riparian reserves; 23

‘‘(B) watershed analysis; 24

‘‘(C) key watersheds; and 25


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‘‘(D) watershed restoration. 1

‘‘(4) RIPARIAN RESERVES.— 2

‘‘(A) IN GENERAL.—Riparian reserves 3

shall be established in the covered area to pro-4

tect, maintain, and restore ecosystem health at 5

watershed and landscape scales and to promote 6

the objectives described in paragraph (1), con-7

sistent with section 103(f) for the forestry em-8

phasis areas and section 105(c) for the con-9

servation emphasis areas. 10

‘‘(B) RIPARIAN RESERVE MANAGEMENT.— 11

‘‘(i) IN GENERAL.—Management and 12

restoration activities in riparian reserves 13

shall only be undertaken to protect, main-14

tain, or restore aquatic resources as pro-15

vided in this subsection. 16

‘‘(ii) TIMBER HARVEST.—Except as 17

provided in section 103(f), timber harvest 18

in riparian reserves shall only occur in 19

stands less than or equal to 80 years of 20

age. 21

‘‘(5) STANDARDS FOR KEY WATERSHEDS.— 22

‘‘(A) IN GENERAL.—Key watersheds, 23

drinking water emphasis areas, and drinking 24

water special management units established 25


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under sections 108, 109, 110, and 111 shall 1

have the highest priority for watershed restora-2

tion and protection in the covered area. 3

‘‘(B) WATERSHED ANALYSES.—Watershed 4

analysis shall be required before timber har-5

vests occur in key watersheds, other than minor 6

activities that are categorically excluded under 7

the National Environmental Policy Act of 1969 8

(42 U.S.C. 4321 et seq.). 9

‘‘(C) COOPERATION ON PRIVATE LAND.— 10

The Secretary is encouraged to work with adja-11

cent private landowners who have agreed to co-12

operate with Secretary to further the purposes 13

of this section. 14

‘‘(6) ROADS RESTRICTIONS.— 15

‘‘(A) NO NET INCREASE IN ROADS.—The 16

total quantity of system and nonsystem roads 17

on covered land shall be less than or equal to 18

the total quantity of system and nonsystem 19

roads on covered land as of the date of enact-20

ment of the Oregon and California Land Grant 21

Act of 2013. 22

‘‘(B) TEMPORARY ROADS.—Not later than 23

the earlier of the date that is 1 year after the 24

vegetation management project is completed or 25


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the date that is 2 years after the activities for 1

which a temporary road was constructed are 2

completed, temporary roads that are con-3

structed on covered land, if necessary, shall be 4

made benign by— 5

‘‘(i) closing the temporary roads; and 6

‘‘(ii)(I) decommissioning the tem-7

porary roads; or 8

‘‘(II) placing the temporary roads into 9

short-term storage. 10

‘‘(C) REDUCTION IN ROADS.—To the max-11

imum extent practicable and subject to the 12

availability of appropriations, the Secretary 13

shall reduce the total quantity of road miles for 14

system and nonsystem roads, with priority for 15

road reductions given to key watersheds. 16

‘‘(D) LIMITATIONS ON NEW ROADS.—The 17

Secretary shall prohibit the construction of any 18

new permanent system road in any portion of 19

the covered land within the key watersheds and 20

drinking water protection areas of the covered 21

land unless the construction contributes to 22

achieving the goals of the aquatic conservation 23

strategy. 24


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‘‘(E) NO NEW ROADS IN ROADLESS 1

AREAS.—The Secretary shall prohibit the con-2

struction of any new road in any inventoried 3

roadless area on covered land in key water-4

sheds, drinking water emphasis areas, and con-5

servation emphasis areas. 6

‘‘(F) WATERSHED ANALYSIS.—In carrying 7

out a watershed analysis under this Act, the 8

Secretary shall identify roads that the Secretary 9

determines could be closed or decommissioned. 10

‘‘(7) WOODY DEBRIS AUGMENTATION.— 11

‘‘(A) IN GENERAL.—During periods of 12

timber harvesting, the Secretary shall carry out 13

tree tipping activities on riparian reserves on 14

covered land, as the Secretary determines nec-15

essary, to improve timber delivery to streams. 16

‘‘(B) FISH HABITAT.—The Secretary shall 17

annually use approximately $1,000,000 of 18

amounts made available under this Act to 19

transport and place large trees in streams on 20

Federal, State, or private land to improve the 21

quality of fish habitat, as the Secretary deter-22

mines necessary. 23

‘‘SEC. 103. MANAGEMENT OF FORESTRY EMPHASIS AREAS. 24

‘‘(a) MANAGEMENT ACTIONS.— 25


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‘‘(1) IN GENERAL.—Silvicultural activities shall 1

be conducted in a forestry emphasis area, and the 2

forestry emphasis area shall be managed, in accord-3

ance with this section. 4

‘‘(2) MANAGEMENT ACTIONS.—Management ac-5

tions shall be considered in the environmental im-6

pact statement required under the National Environ-7

mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 8

and section 104(a). 9

‘‘(b) DETERMINATION OF MOIST FORESTS AND DRY 10

FORESTS.— 11

‘‘(1) IN GENERAL.—During the 10-year period 12

beginning on the date of enactment of the Oregon 13

and California Land Grant Act of 2013, the moist 14

and dry forests shall be determined as depicted on 15

the map entitled ‘O&C Land Grant Act of 2013: 16

Moist Forests and Dry Forests’, and dated Novem-17

ber 18, 2013, except that plant associations and 18

plant association groups may be used to adjust the 19

dry and moist forest assignments in specific loca-20

tions based on an on-the-ground field examination 21

by the Secretary. 22

‘‘(2) REDESIGNATION.—Not later than 10 years 23

after the date of enactment of the Oregon and Cali-24

fornia Land Grant Act of 2013 and every 10 years 25


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thereafter, the Secretary shall reevaluate the initial 1

assignments of land areas in moist forest and dry 2

forest categories in forestry emphasis areas under 3

paragraph (1) based on— 4

‘‘(A) plant association groups; and 5

‘‘(B) the criteria described in this sub-6

section. 7

‘‘(3) MOIST FORESTS.—For purposes of this 8

subsection, moist forests generally— 9

‘‘(A) experience infrequent wildfires at in-10

tervals of 1 to several centuries, including ex-11

tensive areas in which fire severity results in 12

stand-replacement conditions; and 13

‘‘(B) include the following plant associa-14

tion groups: 15

‘‘(i) the Western Hemlock (Tsuga 16

heterophylla) series; 17

‘‘(ii) the Sitka Spruce (Picea 18

sitchensis) series; 19

‘‘(iii) the Western Redcedar (Thuja 20

plicata) series; 21

‘‘(iv) the Pacific Silver Fir (Abies 22

amabilis) series; 23

‘‘(v) the Mountain Hemlock (Tsuga 24

mertensiana) series; 25


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‘‘(vi) the Subalpine Fir-Engelmann 1

Spruce (Abies lasiocarpa-Picea 2

engelmannii) series; 3

‘‘(vii) the Tanoak (Lithocarpus 4

densiflorus) series; 5

‘‘(viii) the Moist Grand Fir (Abies 6

grandis) plant association group; and 7

‘‘(ix) the Moist White Fir (Abies 8

concolor) plant association group. 9

‘‘(4) DRY FORESTS.—For purposes of this sub-10

section, dry forests generally— 11

‘‘(A) experience relatively frequent and 12

predominantly low- and mixed-severity fires; 13

and 14

‘‘(B) include the following plant associa-15

tion groups: 16

‘‘(i) the Moist Grand Fir (Abies 17

grandis) plant association group; 18

‘‘(ii) the Moist White Fir (Abies 19

concolor) plant association group; 20

‘‘(iii) the Ponderosa Pine (Pinus pon-21

derosa) series; 22

‘‘(iv) the Oregon White Oak (Quercus 23

garryana) series; 24


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‘‘(v) the Douglas-fir (Pseudotsuga 1

menziesii) series; 2

‘‘(vi) the Jeffrey Pine (Pinus jeffreyi) 3

series; 4

‘‘(vii) the Dry Grand Fir (Abies 5

grandis) plant association group; and 6

‘‘(viii) the Dry White Fir (Abies 7

concolor) plant association group. 8

‘‘(5) MIXED FORESTS.— 9

‘‘(A) IN GENERAL.—For purposes of this 10

Act, a site characterized as a Moist Grand Fir 11

or a Moist White Fir plant association group 12

may be considered moist forest or dry forest 13

based on the condition of the land, landscape 14

context, and management goals. 15

‘‘(B) MIXED FORESTS.—On a site at which 16

dry and moist forests combine and are not 17

readily separated, management shall be based 18

on the dominant type in terms of area. 19

‘‘(6) ADMINISTRATION.—In carrying out this 20

subsection, the Secretary shall— 21

‘‘(A) provide the public a period of not less 22

than 60 days to comment on the redesignation 23

of moist forests and dry forests; and 24


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‘‘(B) redesignate moist forests and dry for-1

ests once every 10 years. 2

‘‘(c) VEGETATION TREATMENTS.— 3

‘‘(1) IN GENERAL.—Vegetation treatments shall 4

be developed consistent with this subsection. 5

‘‘(2) NO SIGNIFICANT NEGATIVE EFFECTS.—A 6

vegetation treatment under this section shall be— 7

‘‘(A) considered in the environmental im-8

pact statement required under the National En-9

vironmental Policy Act of 1969 (42 U.S.C. 10

4321 et seq.) and section 104(a); and 11

‘‘(B) designed to produce no significant 12

negative effects on— 13

‘‘(i) cultural sites of federally recog-14

nized Indian tribes; 15

‘‘(ii) inventoried roadless areas; 16

‘‘(iii) the existing integrity of archeo-17

logical sites; 18

‘‘(iv) highly erodible land; 19

‘‘(v) wetland under the jurisdiction of 20

the Corps of Engineers or delineated by 21

the Natural Resources Conservation Serv-22

ice; and 23

‘‘(vi) species listed as endangered or 24

threatened species under the Endangered 25


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Species Act of 1973 (16 U.S.C. 1531 et 1

seq.), unless incidental take statements 2

have been issued for the listed species. 3

‘‘(3) ATTAINING NO SIGNIFICANT NEGATIVE EF-4

FECTS.—A proposed silvicultural treatment on land 5

described in clauses (i) through (v) of paragraph 6

(2)(B) shall seek to produce no significant negative 7

impact primarily by— 8

‘‘(A) not harvesting trees, or operating 9

heavy equipment, on the sites; or 10

‘‘(B) mitigating the impact of the treat-11

ment through actions such as the capping of ar-12

cheological sites with wood chips, except that 13

relying on mitigation measures to achieve no 14

significant negative impact may only be used in-15

frequently for timber sales. 16

‘‘(4) NORTHERN SPOTTED OWLS.—A vegetation 17

treatment analyzed as part of the environmental im-18

pact statement or similar analysis required under 19

the National Environmental Policy Act of 1969 (42 20

U.S.C. 4321 et seq.) and section 104(a) for land 21

identified by the Secretary as part of northern spot-22

ted owl recovery plan Action 10 or 32 can only occur 23

if the Secretary, acting through the United States 24


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Fish and Wildlife Service, releases an opinion that 1

the proposed vegetative treatment is— 2

‘‘(A) compatible with requirements under 3

the Endangered Species Act of 1973 (16 U.S.C. 4

1531 et seq.) for the northern spotted owl, con-5

sidered over the long-term; or 6

‘‘(B) necessary to address a severe threat 7

of disease, insects, or fire. 8

‘‘(5) WATER QUALITY.— 9

‘‘(A) IN GENERAL.—In addition to stand-10

ards under any applicable environmental law, a 11

vegetation treatment for a timber sale under 12

this section shall be designed so that the sale 13

does not result in measurable, significant nega-14

tive impacts on water quality. 15

‘‘(B) DETERMINATION POINTS.—For the 16

purposes of assessing potential negative impacts 17

on water quality under this section from vegeta-18

tion treatments, the Secretary shall only con-19

sider water quality— 20

‘‘(i) at the time of the determination 21

to determine the present condition; and 22

‘‘(ii) at a time that is 5 years after 23

the date of the initial determination and 24


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•S 1784 IS

that is at least 2 years after the date of 1

the timber sale. 2

‘‘(6) NEST TREES.— 3

‘‘(A) IN GENERAL.—No nest tree shall be 4

cut in a forestry emphasis area unless the nest 5

tree poses a repeated, imminent threat to the 6

safety of the public or employees of the Depart-7

ment. 8

‘‘(B) SURVEYS.— 9

‘‘(i) IN GENERAL.—Not earlier than 10

180 days before the date the Secretary 11

plans to offer a timber sale in a forestry 12

emphasis area, the Secretary shall survey 13

the timber sale area to locate potential 14

nest trees that the Secretary has not lo-15

cated. 16

‘‘(ii) DURATION.—The duration of the 17

survey shall be such that the Secretary 18

shall have an employee survey for nest 19

trees at a rate of 1 day for each 100 acres 20

of the timber sale. 21

‘‘(C) INFORMATION FROM PUBLIC.—Dur-22

ing the 14-day period beginning on the date a 23

consistency document required under section 24

104(d) is completed for a project, the Secretary 25


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shall accept information from the public con-1

cerning the location of nest trees. 2

‘‘(D) PROTECTIONS.—The Secretary shall 3

ensure that the protections required under this 4

Act are provided for verified nest trees. 5

‘‘(7) MARBLED MURRELET HABITAT.—Con-6

sistent with the Endangered Species Act of 1973 (16 7

U.S.C. 1531 et seq.), if the harvest of timber within 8

a limited area of marbled murrelet habitat would 9

provide benefits to a forest ecosystem (including the 10

increased diversity of stand structure, composition, 11

and age and reducing the scarcity of early succes-12

sional habitat), the harvest may occur if the Sec-13

retary confers with the Director of the United States 14

Fish and Wildlife Service in selecting areas within 15

marbled murrelet habitat in which timber harvests 16

may occur. 17

‘‘(8) SUSTAINED YIELD.— 18

‘‘(A) IN GENERAL.—The Secretary shall, 19

to the maximum extent practicable, provide a 20

sustained yield of timber harvest, averaged over 21

a 10-year period, from the forestry emphasis 22

area, that is calculated assuming an ecological 23

forestry approach, unless the action will have 24


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•S 1784 IS

severe adverse environmental, economic, or so-1

cial consequences. 2

‘‘(B) SUSTAINED YIELD CALCULATION.— 3

The Secretary shall calculate the sustained yield 4

for a 50-year period as part of the environ-5

mental impact statement required under the 6

National Environmental Policy Act of 1969 (42 7

U.S.C. 4321 et seq.) and section 104(a). 8

‘‘(C) RESERVED AREAS.—In calculating 9

the sustained yield from a forestry emphasis 10

area, the Secretary shall not include the volume 11

of timber that could be offered from reserved 12

areas, such as conservation emphasis areas. 13

‘‘(d) MANAGEMENT OF MOIST FORESTS.— 14


that are designated as moist forests under this sec-16

tion shall be managed in accordance with the prin-17

ciples of ecological forestry (including principles re-18

lating to variable retention regeneration harvests) 19

described in paragraph (2). 20

‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES FOR 21

MOIST FORESTS.—The ecological forestry principles 22

referred to in paragraph (1) include— 23

‘‘(A) the retention of old growth; 24


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‘‘(B) the seeking of opportunities to retain 1

older trees if practicable; 2

‘‘(C) the acceleration of the development of 3

structural complexity, including spatial hetero-4

geneity, in younger stands, through the use of 5

diverse silvicultural approaches, such as vari-6

able density and clump-based prescriptions; 7

‘‘(D) the implementation of variable reten-8

tion regeneration harvesting activities that re-9

tain approximately 1⁄3 of the live basal area of 10

the forest within the harvest area, primarily in 11

aggregates, including riparian and other re-12

serves and dispersed individual and small clus-13

ters of conifers and hardwoods within the har-14

vest area unit, a portion of which may be used 15

for snag creation, except that old growth stands 16

shall not be considered as part of the 1⁄3 basal 17

area retention; 18

‘‘(E) the development and maintenance of 19

early seral ecosystems with diverse species fol-20

lowing harvesting activities through the use of 21

less intense approaches to site preparation and 22

tree regeneration and nurturing of diverse early 23

seral ecosystems; 24


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•S 1784 IS

‘‘(F) the use of rotations of sufficient 1

length to allow stands to redevelop with levels 2

of structural complexity and biodiversity char-3

acteristics of late-successional stands, but when 4

the stands reach the rotation age of the stands, 5

the stands will be regenerated through variable- 6

retention harvesting; and 7

‘‘(G) the establishment of a silvicultural 8

system that includes the development and man-9

agement of multiaged, mixed-species stands on 10

harvest rotation periods of 80 to 120 years. 11

‘‘(3) VARIABLE RETENTION REGENERATION.— 12


designate not less than 8 percent and not more 14

than 12 percent of the moist forests described 15

in paragraph (1) as land on which the Sec-16

retary shall carry out variable retention regen-17

eration harvesting activities, consistent with 18

this section, during each 10-year period in a 19

manner consistent with the environmental im-20

pact statement required under the National En-21

vironmental Policy Act of 1969 (42 U.S.C. 22

4321 et seq.) and section 104(a). 23

‘‘(B) APPLICABILITY.—The moist forests 24

designated as variable retention regeneration 25


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•S 1784 IS

harvest land under subparagraph (A) shall not 1

be limited to stands that have generally reached 2

the culmination of mean annual increment. 3

‘‘(4) THINNING.— 4


carry out thinning activities in the moist forests 6

described in paragraph (1) to promote tree 7

growth and ecological health and variability. 8

‘‘(B) GOALS.—The goal of thinning activi-9

ties under this paragraph shall be to establish 10

spatially variable stand densities and complex 11

canopies using thinning regimes that enhance 12

the structural and compositional diversity of the 13

stand and individual tree development. 14

‘‘(C) LIMITATIONS.— 15

‘‘(i) IN GENERAL.—In carrying out 16

thinning activities under this paragraph, 17

the Secretary shall not reduce the total 18

basal area of the stand (as determined on 19

the date on which the thinning activities 20

commence) by more than 50 percent. 21

‘‘(ii) OLD GROWTH TREES.—The Sec-22

retary shall exclude old growth trees from 23

thinning activities under this paragraph. 24

‘‘(e) MANAGEMENT OF DRY FORESTS.— 25


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that are designated as dry forests under this section 2

shall be managed in accordance with ecological for-3

estry principles described in paragraph (2) and, as 4

determined necessary by the Secretary, with fire re-5

siliency needs, consistent with this subsection. 6

‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES IN 7

DRY FORESTS.—The ecological forestry principles re-8

ferred to in paragraph (1) include— 9

‘‘(A) the retention and improvement of the 10

survivability of old growth trees through the re-11

duction of adjacent fuels and competing vegeta-12

tion to promote resilience against mortality 13

from insects, disease, and fire; 14

‘‘(B) the retention and protection of impor-15

tant structures such as large hardwoods, snags, 16

and logs; 17

‘‘(C) the reduction of overall stand den-18

sities through partial cutting in an effort to— 19

‘‘(i) reduce basal areas to desired lev-20

els, particularly in overstocked stands; 21

‘‘(ii) increase the mean stand diame-22

ter; 23

‘‘(iii) shift the composition of stands 24

to fire- and drought-tolerant species; and 25


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‘‘(iv) retain older trees for replace-1

ment purposes; 2

‘‘(D) the restoration of spatial hetero-3

geneity through the variation of the treatment 4

of stands, such as by leaving untreated patches, 5

creating openings of not more than 2.5 acres, 6

and establishing tree clumps and isolated single 7

trees; 8

‘‘(E) the establishment of new tree cohorts 9

of shade-intolerant species in created openings, 10

generally varying in size between 0.2 and 2.5 11

acres; 12

‘‘(F) the harvesting of timber during the 13

restoration process; 14

‘‘(G) the maintenance of sustainable and 15

fire-resilient conditions in perpetuity through 16

active management of the dry forests in accord-17

ance with this subsection, including the treat-18

ment of activity fuels and the restoration of his-19

toric levels of surface fuels and understory vege-20

tation using prescribed fire and mechanical ac-21

tivities; 22

‘‘(H) the planning and implementation of 23

activities at the landscape level to maintain not 24

less than 1⁄3 of the dry forests as denser land-25


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•S 1784 IS

scape-scale patches to provide greater forest 1

density for endangered and threatened species 2

and their prey; and 3

‘‘(I) the retention of a basal area after a 4

partial cut that is not less than 35 percent of 5

the initial basal area of the sale area. 6

‘‘(3) FIRE RESILIENCY.— 7

‘‘(A) VEGETATION TREATMENT NEAR 8

RESIDENCES.— 9

‘‘(i) IN GENERAL.—For a forestry em-10

phasis area that is designated as a dry for-11

est under this section and located within 12

.25 miles of a residence, the primary pur-13

pose of any vegetation treatment carried 14

out by the Secretary on that land shall be 15

to manage fuel loadings to reduce the risk 16

to the residence posed by wildfire. 17

‘‘(ii) ADMINISTRATION.— 18

‘‘(I) IN GENERAL.—In carrying 19

out vegetation treatment activities on 20

land described in clause (i), the Sec-21

retary shall— 22

‘‘(aa) cut and remove trees 23

and brush to eliminate the 24

vertical continuity of vegetative 25


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fuels and the horizontal con-1

tinuity of tree crowns for the 2

purpose of reducing flammable 3

materials and maintaining a 4

shaded fuelbreak to reduce fire 5

spread, duration, and intensity; 6

and 7

‘‘(bb) treat surface fuels (in-8

cluding activity fuels, low brush, 9

and deadwood) on that land that 10

could promote the spread of wild-11

fire in a manner designed to 12

achieve an average of a 4-foot 13

maximum flame length under av-14

erage severe fire weather condi-15

tions. 16

‘‘(II) TIMBER SALES.—If a tim-17

ber sale is planned within 1⁄2 mile of 18

a residence, the Secretary is encour-19

aged to carry out vegetation treat-20

ment activities on that Federal land 21

at the same time as the timber sale. 22

‘‘(III) COUNTY ACTIONS.—A 23

county may carry out a fuel reduction 24

project on the land described in clause 25


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•S 1784 IS

(i) in a manner consistent with sub-1

clause (I) if— 2

‘‘(aa) the county notifies the 3

Secretary of the intent of the 4

county to carry out the project, 5

including a description of the 6

project and duration of the 7

project; 8

‘‘(bb) the Secretary deter-9

mines the project is consistent 10

with this Act and is in the best 11

interest of the public; and 12

‘‘(cc) the county carries out 13

the project using county funds, 14

which may include amounts made 15

available to the county under this 16

Act. 17

‘‘(iii) PRIORITIZATION.—In prioritiz-18

ing fire resiliency projects under this sub-19

paragraph, the Secretary or the county 20

may use project recommendations received 21

from a resource advisory council or de-22

scribed in a community wildfire protection 23

plan. 24


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•S 1784 IS

‘‘(B) PRIVATE LANDOWNER ACTIONS ON 1

FEDERAL LAND.— 2

‘‘(i) IN GENERAL.—A person may 3

enter and treat any forestry emphasis area 4

that is designated as a dry forest under 5

this section that is located within 100 feet 6

of the residence of that person without a 7

permit from the Secretary if— 8

‘‘(I) the treatment is carried out 9

at the expense of the person; 10

‘‘(II) the person notifies the Sec-11

retary of the intent to treat that land; 12

and 13

‘‘(III) the person carries out the 14

treatment activities in accordance 15

with clause (iii). 16

‘‘(ii) NOTICE.— 17

‘‘(I) IN GENERAL.—Not less than 18

30 days before beginning to treat land 19

described in clause (i), the person 20

shall notify the Secretary of the inten-21

tion of that person to treat that land. 22

‘‘(II) COMMENCEMENT.—Not 23

less than 15 days before the date of 24

the commencement of treatment ac-25


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•S 1784 IS

tions, the person shall notify the Sec-1

retary before beginning the treatment. 2

‘‘(iii) APPLICABILITY.—A person 3

treating land described in clause (i) shall 4

carry out the treatment as follows: 5

‘‘(I) No dead tree, nest tree, old 6

growth, or tree greater than 24 inches 7

in diameter shall be cut. 8

‘‘(II) Any residual trees shall be 9

pruned— 10

‘‘(aa) to a height of the less-11

er of 10 feet or 50 percent of the 12

crown height of the tree; and 13

‘‘(bb) such that all parts of 14

the tree are at not less than 10 15

feet away from the residence. 16

‘‘(III) Vegetation shall be cut 17

such that— 18

‘‘(aa) less flammable species 19

are favored for retention; and 20

‘‘(bb) the adequate height 21

and spacing between bushes and 22

trees are maintained. 23

‘‘(IV) No herbicide or insecticide 24

application shall be used. 25


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‘‘(V) All slash created from treat-1

ment activities under this subpara-2

graph shall be removed or treated not 3

later than 60 days after the date on 4

which the slash is created. 5

‘‘(f) WATER PROTECTION IN FORESTRY EMPHASIS 6

AREAS.— 7

‘‘(1) RIPARIAN RESERVE AND BUFFER SYS-8

TEM.— 9

‘‘(A) IN GENERAL.—In carrying out the 10

aquatic conservation strategy in forestry em-11

phasis areas, the Secretary shall establish ripar-12

ian reserves that— 13

‘‘(i) in the case of land located along 14

a fish-bearing stream, are 1 site-potential 15

tree height or 150 feet slope distance, 16

whichever is greater; 17

‘‘(ii) in the case of land located along 18

a permanently flowing nonfish-bearing 19

stream, are 1⁄2 of a site-potential tree 20

height or 75 feet slope distance, whichever 21

is greater; 22

‘‘(iii) in the case of land located along 23

a seasonally flowing or intermittent 24

stream, are whichever is greater among— 25


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•S 1784 IS

‘‘(I) the stream channel to the 1

top of the inner gorge and out to the 2

edge of the riparian vegetation; 3

‘‘(II) a distance of 1⁄2 of a site- 4

potential tree height; or 5

‘‘(III) 75-feet slope distance; 6

‘‘(iv) in the case of a wetland greater 7

than 1 acre, a lake, or a natural pond, are 8

whichever is greater among— 9

‘‘(I) the body of water and land 10

located along the wetland, lake, or 11

pond to the outer edges of riparian 12

vegetation; 13

‘‘(II) a distance of 2 site-poten-14

tial tree height; or 15

‘‘(III) 300-feet slope distance; 16

‘‘(v) in the case of a constructed pond 17

or a reservoir, are the area from the max-18

imum pool elevation to a distance equal to 19

the height of 1 site-potential tree or 150- 20

feet slope distance, whichever is greater; 21

and 22

‘‘(vi) in the case of a wetland that is 23

less than 1 acre or an unstable or poten-24


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•S 1784 IS

tially unstable area, are whichever is great-1

er among— 2

‘‘(I) the extent of the unstable 3

and potentially unstable area or the 4

wetland less than 1 acre, as applica-5

ble, to the outer edges of the riparian 6

vegetation; 7

‘‘(II) a distance of 1 site-poten-8

tial tree height; or 9

‘‘(III) 150-feet slope distance. 10

‘‘(B) NONFISH-BEARING STREAMS.— 11

‘‘(i) IN GENERAL.—For a nonfish- 12

bearing stream, the Secretary shall estab-13

lish a buffer of an additional 1⁄2 of a site- 14

potential tree height or 75 feet slope dis-15

tance, whichever is greater, which buffer 16

shall be available for timber management 17

using ecological forestry principles while 18

maintaining wood delivery to streams. 19

‘‘(ii) RESTRICTIONS.— 20

‘‘(I) IN GENERAL.—A timber 21

harvest on the buffer land described 22

in clause (i) shall be— 23


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•S 1784 IS

‘‘(aa) conducted in accord-1

ance with the principles of eco-2

logical forestry; and 3

‘‘(bb) be limited to stands 4

less than or equal to 80 years of 5

age. 6

‘‘(II) SPECIAL RULE FOR DRY 7

FORESTS.— 8

‘‘(aa) IN GENERAL.—Sub-9

ject to item (bb), in dry forests, 10

timber harvest may occur in a 11

stand that exceeds 80 years of 12

age if the harvest is carried out 13

for a compelling ecological rea-14

son, such as to protect the stand 15

from insect outbreak or destruc-16

tive wildfire. 17

‘‘(bb) OLD GROWTH 18

TREES.—An old growth tree shall 19

not be included in a timber har-20

vest under item (aa). 21

‘‘(2) WATERSHED ANALYSIS.— 22

‘‘(A) IN GENERAL.—Not later than 90 23

days after the date of enactment of the Oregon 24

and California Land Grant Act of 2013, a sci-25


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•S 1784 IS

entific committee established by the Secretary 1

shall develop criteria to be used in carrying out 2

a watershed analysis for forestry emphasis 3

areas. 4

‘‘(B) SCIENTIFIC COMMITTEE.— 5

‘‘(i) IN GENERAL.—The committee es-6

tablished under subparagraph (A) shall be 7

comprised of 5 individuals who— 8

‘‘(I) are not full-time employees 9

of the Bureau of Land Management; 10

and 11

‘‘(II) have expertise relating to 12

aquatic and riparian ecosystems. 13

‘‘(ii) ADMINISTRATION.—The Federal 14

Advisory Committee Act (5 U.S.C. App.) 15

shall not apply to the committee estab-16

lished under this paragraph. 17

‘‘(C) CRITERIA.—The criteria developed 18

under subparagraph (A) shall include at a min-19

imum— 20

‘‘(i) the importance of the streams to 21

salmon populations; 22

‘‘(ii) the impacts of thermal loading; 23

‘‘(iii) water quality; and 24


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•S 1784 IS

‘‘(iv) the potential for the delivery or 1

deposition of sediment and wood from 2

upslope sources. 3

‘‘(D) DEVELOPMENT OF WATERSHED 4

ANALYSIS.— 5

‘‘(i) IN GENERAL.—The Secretary 6

shall use the criteria established by the sci-7

entific committee to determine the ecologi-8

cal importance of fish-bearing streams and 9

nonfish-bearing streams. 10

‘‘(ii) PUBLIC INFORMATION.—The 11

Secretary shall make the determinations 12

described in clause (i) available to the pub-13

lic at the time the Secretary submits the 14

report to the scientific committee. 15

‘‘(E) REVIEW OF SCIENTIFIC COM-16

MITTEE.— 17

‘‘(i) IN GENERAL.—Not later than 18

210 days after the date of enactment of 19

the Oregon and California Land Grant Act 20

of 2013, the Secretary shall submit to the 21

scientific committee established under sub-22

paragraph (B) a watershed analysis that 23

includes the fish-bearing streams and 24


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•S 1784 IS

nonfish-bearing streams in key watersheds 1

categorized by ecological importance. 2

‘‘(ii) COMMENTS BY SCIENTIFIC COM-3

MITTEE.—Not later than 240 days after 4

the date of enactment of the Oregon and 5

California Land Grant Act of 2013, the 6

scientific committee shall submit comments 7

to the Secretary on the determinations 8

made by the Secretary of the ecological im-9

portance of the streams within the covered 10

area. 11

‘‘(iii) CRITERIA.—The scientific com-12

mittee shall use only the criteria estab-13

lished under subparagraph (C) to evaluate 14

the determinations made by the Secretary. 15

‘‘(iv) PUBLIC AVAILABILITY.—On re-16

ceipt by the Secretary, the comments sub-17

mitted by the scientific committee shall be 18

made publically available. 19

‘‘(F) INCLUSION IN THE DRAFT ENVIRON-20

MENTAL IMPACT STATEMENT.— 21


shall— 23


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•S 1784 IS

‘‘(I) revise the watershed anal-1

ysis, as the Secretary considers nec-2

essary; and 3

‘‘(II) consider the comments sub-4

mitted by the scientific committee. 5

‘‘(ii) REVISED WATERSHED ANAL-6

YSIS.—The revised watershed analysis 7

shall be used in preparing and included in 8

whole in each draft environmental impact 9

statement developed under section 10

104(a)(1). 11

‘‘(G) OTHER APPLICABILITY.—The results 12

of the watershed analysis shall be available for 13

use in conservation efforts on other Federal 14

land and on non-Federal land. 15

‘‘(3) REVISION OF RIPARIAN BUFFER SYS-16

TEM.— 17

‘‘(A) IN GENERAL.—In accordance with 18

the watershed analysis, the Secretary shall re-19

vise the riparian reserves on the forestry em-20

phasis areas. 21

‘‘(B) USE.—The revisions shall be re-22

flected in— 23

‘‘(i) the initial environmental impact 24

statements prepared under the National 25


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•S 1784 IS

Environmental Policy Act of 1969 (42 1

U.S.C. 4321 et seq.) and section 104(a); 2

and 3

‘‘(ii) each subsequent 10-year environ-4

mental impact statement. 5

‘‘(C) REVISIONS.—The Secretary shall re-6

vise the riparian buffer system as follows: 7

‘‘(i) For a riparian reserve located 8

along a fish-bearing stream, lake, or wet-9

land, that the Secretary determines, based 10

on the watershed analysis, to be of mini-11

mal ecological importance, the size of the 12

riparian reserve shall be 100 feet slope dis-13

tance. 14

‘‘(ii) For a riparian reserve located 15

along a nonfish-bearing stream, lake, or 16

wetland that the Secretary determines, 17

based on the watershed analysis, to be of 18

minimal ecological importance, the size of 19

the riparian reserve shall be 50 feet slope 20

distance. 21

‘‘(iii) For a riparian reserve located 22

along a fish-bearing or nonfish-bearing 23

stream, lake, or wetland that the Secretary 24

determines, based on the watershed anal-25


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•S 1784 IS

ysis, to be of significant ecological impor-1

tance, the size of the riparian reserve shall 2

be 1 site-potential tree height or 150 feet 3

slope distance, whichever is greater. 4

‘‘(iv) The total amount of riparian re-5

serves within each 5th-level hydrologic unit 6

code watershed in the forestry emphasis 7

areas shall equal at least 75 percent and 8

not more than 125 percent of the previous 9

riparian reserves established under para-10

graph (1). 11

‘‘(D) RIPARIAN BUFFERS FOR MANAGE-12

MENT.— 13


shall establish buffers for the riparian re-15

serves described in clauses (i) and (ii) of 16

subparagraph (C) that extend out to 1-site 17

potential tree. 18

‘‘(ii) MANAGEMENT.—The buffers 19

shall be managed in the same manner as 20

the buffers described in paragraph (1)(B). 21

‘‘(E) MANAGEMENT.—The Secretary shall 22

manage the revised riparian reserve areas de-23

scribed in subparagraph (D) in accordance with 24

the following standards: 25


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•S 1784 IS

‘‘(i) Timber harvest within riparian 1

reserves shall be restricted to thinning 2

stands less than or equal to 80 years of 3

age to achieve the goals of the aquatic con-4

servation strategy. 5

‘‘(ii) Timber harvest, roads, grazing, 6

mining, recreation, and all other activities 7

shall be compatible with achievement of 8

the goals of the aquatic conservation strat-9

egy in order to occur. 10

‘‘(iii) Riparian-dependent and stream 11

resources shall receive primary emphasis in 12

riparian reserve landscapes. 13

‘‘(4) EXCEPTION.—Forestry emphasis areas 14

designated as ‘Drinking Water Emphasis Area’ and 15

depicted as such on the maps entitled ‘O&C Land 16

Grant Act of 2013: McKenzie Drinking Water Area’, 17

‘O&C Land Grant Act of 2013: Hillsboro Drinking 18

Water Area’, ‘O&C Land Grant Act of 2013: 19

Clackamas Drinking Water Area’, and ‘O&C Land 20

Grant Act of 2013: Springfield Drinking Water 21

Area’ and dated November 18, 2013, and riparian 22

areas within key watersheds shall not be subject to 23

this subsection but shall instead be subject to section 24

105(c). 25


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•S 1784 IS

‘‘(g) PRIORITIZATION.— 1

‘‘(1) SELECTION OF AREAS TO TREAT IN THE 2

FIRST 10 YEARS.— 3

‘‘(A) IN GENERAL.—Not later than 150 4

days after the date of enactment of the Oregon 5

and California Land Grant Act of 2013, the 6

Secretary shall select locations in forestry em-7

phasis areas in which the Secretary intends to 8

harvest timber during— 9

‘‘(i) the 10-year period covered by the 10

environmental impact statement prepared 11

under the requirements of the National 12

Environmental Policy Act of 1969 (42 13

U.S.C. 4321 et seq.) and 104(a); and 14

‘‘(ii) each subsequent 10-year period 15

covered by an environmental impact state-16

ment. 17

‘‘(B) PRIORITIZATION PLAN FOR FOR-18

ESTRY EMPHASIS AREAS.—The areas selected 19

under subparagraph (A) shall reflect a 20

prioritization plan and harvest levels, including 21

the sustained yield, identified in the environ-22

mental impact statement prepared under the re-23

quirements of the National Environmental Pol-24


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•S 1784 IS

icy Act of 1969 (42 U.S.C. 4321 et seq.) and 1

section 104(a). 2

‘‘(C) PUBLIC COMMENT.—The Secretary 3

shall seek public comments for 45 days on the 4

selection of the areas under subparagraph (A). 5

‘‘(D) INCLUSION IN THE DRAFT ENVIRON-6



shall revise the prioritization plan for for-9

estry emphasis areas, as the Secretary con-10

siders necessary, based on the public com-11

ments received. 12

‘‘(ii) REVISED PRIORITIZATION 13

PLAN.—The revised prioritization plan for 14

forestry emphasis areas shall be used in 15

preparing and included in whole in each 16

draft environmental impact statement de-17

veloped under the National Environmental 18

Policy Act of 1969 (42 U.S.C. 4321 et 19

seq.) and section 104(a). 20

‘‘(2) LANDSCAPE PLANS.— 21


develop plans for the moist forest portions of 23

the forestry emphasis area and dry forest por-24

tions of the covered area. 25


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•S 1784 IS

‘‘(B) MOIST FOREST LANDSCAPE PLAN.— 1

The plans described in subparagraph (A) shall 2

include— 3

‘‘(i) landscape level plans showing the 4

areas of the moist forest landscapes that 5

will result in distribution of variable reten-6

tion regeneration harvests to ensure de-7

sired placement and the appropriate scale 8

of implementation; and 9

‘‘(ii) areas that will, in the case of a 10

moist forest site, accelerate development of 11

complex forest structure, including oppor-12

tunities to create spatial heterogeneity 13

(such as creating skips and gaps), in a 14

young stand that has a canopy that has— 15

‘‘(I) closed; and 16

‘‘(II) been simplified through 17

past management. 18

‘‘(C) DRY FOREST LANDSCAPE PLAN.— 19

‘‘(i) IN GENERAL.—The dry forest 20

plans described in subparagraph (A) shall 21

include— 22

‘‘(I) a landscape level plan show-23

ing the areas of any dry forest land-24

scape that will be left in a denser con-25


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•S 1784 IS

dition for the first 30 years after the 1

date of enactment of the Oregon and 2

California Land Grant Act of 2013; 3

‘‘(II) the areas of any dry forest 4

that may be considered for thinning 5

or restoration treatments beginning 6

on the date that is 30 years after the 7

date of enactment of the Oregon and 8

California Land Grant Act of 2013; 9

and 10

‘‘(III) areas that will, in the case 11

of a dry forest site— 12

‘‘(aa) minimize and reduce 13

the risk of unnaturally severe fire 14

and insect outbreaks, particularly 15

if critical components and values 16

are at risk, including— 17

‘‘(AA) communities in 18

the wildland-urban interface 19

(as defined in section 101 of 20

the Healthy Forests Res-21

toration Act of 2003 (16 22

U.S.C. 6511)); and 23

‘‘(BB) valuable forest 24

structures, such as old 25


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•S 1784 IS

growth and oak savannas 1

that are in need of restora-2

tion or are in danger from 3

potential fire risk; or 4

‘‘(bb) restore historical 5

structure and composition and 6

improve fire resiliency. 7

‘‘(ii) REEVALUATION.—The areas de-8

scribed in clause (i)(I) shall be reevaluated 9

in the subsequent comprehensive environ-10

mental impact statements required under 11

section 104(a). 12

‘‘(D) COLLABORATION IN DEVELOPING 13

PLANS.—The Secretary shall develop the plans 14

described in subparagraph (A) in coordination 15

with the Director of the United States Fish and 16

Wildlife Service to ensure the plans comply with 17

the Endangered Species Act of 1973 (16 U.S.C. 18

1531 et seq.). 19

‘‘(E) DRAFT PLANS AVAILABLE FOR PUB-20

LIC COMMENT.—Not later than 150 days after 21

the date of enactment of the Oregon and Cali-22

fornia Land Grant Act of 2013, the Secretary 23

shall make a draft of the plans described in 24


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•S 1784 IS

subparagraph (A) available for public comment 1

for 45 days. 2

‘‘(F) INCLUSION IN THE DRAFT ENVIRON-3



shall revise landscape plans, as the Sec-6

retary considers necessary, based on the 7

public comments received. 8

‘‘(ii) REVISED LANDSCAPE PLANS.— 9

The revised landscape plans shall be used 10

in preparing and included in whole in the 11

draft environmental impact statement de-12

veloped under the National Environmental 13


seq.) and section 104(a). 15

‘‘SEC. 104. STREAMLINED PROCEDURES. 16

‘‘(a) COMPREHENSIVE ENVIRONMENTAL IMPACT 17

STATEMENT.— 18

‘‘(1) IN GENERAL.—Not later than 18 months 19


fornia Land Grant Act of 2013, the Secretary shall 21

complete— 22

‘‘(A) a large-scale comprehensive environ-23

mental impact statement in accordance with the 24



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•S 1784 IS

U.S.C. 4321 et seq.) for the moist forest in the 1

forestry emphasis area; and 2

‘‘(B) a large-scale comprehensive environ-3

mental impact statement in accordance with the 4


U.S.C. 4321 et seq.) for the dry forest in the 6

forestry emphasis area. 7

‘‘(2) PERIOD.—The environmental impact 8

statements required under paragraph (1) shall cover 9

the 10-year period beginning on the date on which 10

the record of decision for the environmental impact 11

statement is issued. 12

‘‘(3) INDIVIDUAL PROJECTS.—The final com-13

prehensive environmental impact statement shall be 14

used for individual projects during the 10-year pe-15

riod described in paragraph (2). 16

‘‘(4) ADDITIONAL ANALYSIS.—No additional 17

analysis under the National Environmental Policy 18

Act of 1969 (42 U.S.C. 4321 et seq.) shall be re-19

quired for individual projects under this Act unless 20

explicitly required by this Act or there exists clear 21

and convincing evidence regarding significant ad-22

verse environmental impacts of the project that were 23

not considered in the comprehensive environmental 24

impact statements. 25


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•S 1784 IS

‘‘(5) EFFECTIVE DATE OF EACH ENVIRON-1

MENTAL IMPACT STATEMENT.—After the initial 2

comprehensive environmental impact statement de-3

veloped under paragraph (1), each subsequent com-4

prehensive environmental impact statement shall be 5

prepared and be in effect for the 10-period begin-6

ning on the date on which the previous environ-7

mental impact statement expires. 8

‘‘(b) CRITERIA AND PARAMETERS OF THE ENVIRON-9


‘‘(1) IN GENERAL.—Each environmental impact 11

statement developed under subsection (a) shall ana-12

lyze 3 alternatives, including— 13

‘‘(A) 1 no-action alternative; and 14

‘‘(B) 2 other alternatives that are con-15

sistent the management prescriptions and this 16

Act for the forest type. 17

‘‘(2) LIMITATIONS.— 18

‘‘(A) IN GENERAL.—The analysis of effects 19

of each environmental impact statement de-20

scribed in subsection (a)(1) shall be limited to 21

the effects of the actions authorized under sec-22

tion 103 that are consistent with the forest 23

type. 24

‘‘(B) ANALYSIS.— 25


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•S 1784 IS

‘‘(i) IN GENERAL.—The information 1

contained within the timber prioritization 2

plan, watershed analysis, dry forest land-3

scape plan, and moist forest landscape 4

plan shall— 5

‘‘(I) be used to develop an envi-6

ronmental impact statement described 7

in subsection (a)(1); but 8

‘‘(II) not be separately analyzed 9

in an environmental impact statement 10

described in subsection (a)(1). 11

‘‘(ii) ADDITIONAL ANALYSIS.—Not-12

withstanding the National Environmental 13


seq.), no analysis that is in addition to the 15

environmental impact statement described 16

in subsection (a)(1) shall be required 17

under that Act for the timber prioritization 18

plan, watershed analysis, dry forest land-19

scape plan, and moist forest landscape 20

plan. 21

‘‘(3) AREA INCLUDED IN ENVIRONMENTAL IM-22

PACT STATEMENT.— 23

‘‘(A) IN GENERAL.—Each environmental 24

impact statement shall cover the area required 25


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•S 1784 IS

to be treated in section 103(d) for moist forests 1

and section 103(e) for dry forests. 2

‘‘(B) DISTRIBUTION.—The requirement 3

under subparagraph (A) shall be— 4

‘‘(i) distributed in a manner that is 5

approximately equal over the 10-year pe-6

riod; and 7

‘‘(ii) divided among the Bureau of 8

Land Management districts in a manner 9

that— 10

‘‘(I) is approximately propor-11

tional to the yield that can be pro-12

duced by those forests; and 13

‘‘(II) ensures that each Bureau 14

of Land Management district has ade-15

quate harvest and revenue to share 16

with affected counties. 17

‘‘(4) SPECIFIC ENVIRONMENTAL IMPACTS.— 18

Each environmental impact statement shall include, 19

in addition to other necessary analysis, the impacts 20

to— 21

‘‘(A) wetlands; 22

‘‘(B) municipal watersheds; 23

‘‘(C) inventoried roadless areas; 24

‘‘(D) Indian cultural sites; 25


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•S 1784 IS

‘‘(E) archeological sites; and 1

‘‘(F) nest trees. 2

‘‘(c) PUBLIC NOTICE AND COMMENT; CHAL-3

LENGES.— 4

‘‘(1) DEFINITIONS.—In this subsection: 5

‘‘(A) AGENCY ACTION.—The term ‘agency 6

action’ has the meaning given the term in sec-7

tion 551 of title 5, United States Code. 8

‘‘(B) COVERED AGENCY ACTION.—The 9

term ‘covered agency action’ means an agency 10

action by the Secretary relating to the manage-11

ment of the forestry emphasis areas. 12

‘‘(C) COVERED CIVIL ACTION.—The term 13

‘covered civil action’ means a civil action seek-14

ing judicial review of a covered agency action. 15

‘‘(2) PUBLIC NOTICE AND COMMENT.— 16

‘‘(A) NOTICE OF INTENT.— 17

‘‘(i) NOTICE OF INTENT.—Not later 18

than 7 days after the date of enactment of 19

the Oregon and California Land Grant Act 20

of 2013, the Secretary shall publish in the 21

Federal Register a notice of intent to pre-22

pare each of the following documents: 23


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•S 1784 IS

‘‘(I) Comprehensive environ-1

mental impact statement for the moist 2

forests. 3

‘‘(II) Comprehensive environ-4

mental impact statement for the dry 5

forests. 6

‘‘(III) Prioritization plan for the 7

forestry emphasis area. 8

‘‘(IV) Watershed analysis. 9

‘‘(V) Dry forest landscape plan. 10

‘‘(VI) Moist forest landscape 11

plan. 12

‘‘(ii) PUBLIC COMMENT.—During the 13

45-day period beginning on date on which 14

the notice of intent is published, the Sec-15

retary shall— 16

‘‘(I) provide an opportunity for 17

public comment for the scoping proc-18

ess; and 19

‘‘(II) solicit public comment on 20

topics to be analyzed in the draft envi-21

ronmental impact statement under 22

subparagraph (B). 23

‘‘(B) DRAFT ENVIRONMENTAL IMPACT 24

STATEMENTS.— 25


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•S 1784 IS

‘‘(i) IN GENERAL.—Not later than 1 1

year after the date of enactment of the Or-2

egon and California Land Grant Act of 3

2013, the Secretary shall issue the first 4

draft environmental impact statements de-5

scribed in subsection (a)(1). 6

‘‘(ii) PUBLIC COMMENT.—During the 7

60-day period beginning on the date on 8

which the draft environmental impact 9

statements are issued, the Secretary shall 10

provide an opportunity for public comment 11

on the draft environmental impact state-12

ments. 13

‘‘(iii) EXTENSIONS.—The Secretary 14

may not extend the period for public com-15

ment. 16

‘‘(iv) TOPICS.—During the period de-17

scribed in clause (ii), the public shall be 18

able to provide comment on the 19

prioritization plan, watershed analysis, dry 20

forest landscape plan, and moist forest 21

landscape plan included in the draft envi-22

ronmental impact statement. 23

‘‘(C) FINAL ENVIRONMENTAL IMPACT 24

STATEMENTS.— 25


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•S 1784 IS


shall issue the record of decision for the 2

final environmental impact statements— 3

‘‘(I) 45 days after the date on 4

which the final environmental impact 5

statements are issued or immediately 6

after the Secretary responds to an ob-7

jection filed under clause (ii); and 8

‘‘(II) not later than 18 months 9

after the date of enactment of the Or-10

egon and California Land Grant Act 11

of 2013. 12

‘‘(ii) OBJECTIONS.— 13

‘‘(I) IN GENERAL.—During the 14

first 30 days of the period established 15

under clause (i)(I), in lieu of any 16

other appeals that may be available, 17

any person may file an objection to 18

the final environmental impact state-19

ments in accordance with section 105 20

of the Healthy Forests Restoration 21

Act of 2003 (16 U.S.C. 6515). 22

‘‘(II) RESPONSE.—The Secretary 23

shall respond in writing to any objec-24

tion filed under subclause (I) not later 25


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•S 1784 IS

than 30 days after the date on which 1

the objection is filed. 2

‘‘(iii) EXCEPTION.—If the Secretary 3

determines than an objection filed under 4

clause (ii) requires a revision of the final 5

environmental impact statement, the Sec-6

retary shall— 7

‘‘(I) issue a revised final environ-8

mental impact statement as soon as 9

practicable; and 10

‘‘(II) issue a record of decision 11

not later than 30 days after the date 12

on which the revised final environ-13

mental impact statement is issued. 14

‘‘(3) JUDICIAL REVIEW.— 15

‘‘(A) VENUE.—A covered civil action may 16

only be brought in the United States District 17

Court for the District of Oregon or the United 18

States District Court for the District of Colum-19

bia. 20

‘‘(B) OBJECTIONS.—No objection to the 21

record of decision shall be considered by the 22

court that has not previously been raised in 23

writing during the agency administrative proc-24

ess. 25


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•S 1784 IS

‘‘(C) LIMITATION OF ACTIONS.—A covered 1

civil action shall not be maintained unless com-2

menced not later than 30 days after the date on 3

which the covered agency action to which the 4

covered civil action relates is final. 5

‘‘(D) EXPEDITED PROCEEDINGS.— 6

‘‘(i) DISCOVERY.—Discovery shall— 7

‘‘(I) commence immediately after 8

a covered civil action is commenced; 9

and 10

‘‘(II) conclude not later than 180 11

days after the date on which a covered 12

civil action is commenced. 13

‘‘(ii) TRIAL.—In any covered civil ac-14

tion, a trial shall commence not later than 15

180 days after the date on which the cov-16

ered civil action is commenced. 17

‘‘(iii) EXPEDITIOUS COMPLETION OF 18

JUDICIAL REVIEW.—Congress encourages a 19

court of competent jurisdiction to expedite, 20

to the maximum extent practicable, the 21

proceedings in a covered civil action with 22

the goal of rendering a final determination 23

on the merits of the covered civil action as 24

soon as practicable after the date on which 25


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•S 1784 IS

a complaint or appeal is filed to initiate 1

the action. 2

‘‘(E) APPLICABILITY OF APA.—Except as 3

provided in this section, judicial review of a cov-4

ered agency action shall be conducted in accord-5

ance with chapter 7 of title 5, United States 6

Code. 7

‘‘(F) INJUNCTIONS.— 8

‘‘(i) IN GENERAL.—Subject to clause 9

(ii), the length of any preliminary injunc-10

tion and any stay pending appeal regard-11

ing a covered agency action shall not ex-12

ceed 60 days. 13

‘‘(ii) RENEWALS.— 14

‘‘(I) IN GENERAL.—A court of 15

competent jurisdiction may issue 1 or 16

more renewals of any preliminary in-17

junction, or stay pending appeal, 18

granted under clause (i). 19

‘‘(II) UPDATES.—For each re-20

newal of an injunction under this 21

clause, the parties to the action shall 22

present the court with updated infor-23

mation on the status of the covered 24


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agency action that is the basis of the 1

covered civil action. 2

‘‘(iii) BALANCING OF SHORT- AND 3

LONG-TERM EFFECTS.—As part of the 4

weighing of the equities while considering 5

any request for an injunction that applies 6

to the covered agency action, the court 7

shall balance the impact on the ecosystem 8

likely to be affected by the covered agency 9

action of— 10

‘‘(I) the short- and long-term ef-11

fects of undertaking the covered agen-12

cy action; and 13

‘‘(II) the short- and long-term ef-14

fects of not undertaking the covered 15

agency action. 16

‘‘(d) CONSISTENCY DOCUMENT.— 17

‘‘(1) IN GENERAL.—For each project imple-18

mented under an environmental impact statement, 19

the decision to proceed with the project shall be doc-20

umented in a consistency document, which shall in-21

clude, at a minimum— 22

‘‘(A) the record prepared, including the 23

names of interested people groups and agencies 24

contacted; 25


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‘‘(B) a determination that no extraor-1

dinary circumstances exist; and 2

‘‘(C) a determination that the scope of 3

work of the project is consistent with the origi-4

nal analysis and assumptions in the record of 5

decision. 6

‘‘(2) TIME BEFORE IMPLEMENTING A 7

PROJECT.—The Secretary shall not implement a 8

project described in paragraph (1) earlier than the 9

date that is 30 days after the date on which a con-10

sistency document is made public. 11

‘‘(3) CAUSE OF ACTION.— 12

‘‘(A) IN GENERAL.—The only cause of ac-13

tion that may be brought challenging a consist-14

ency document shall be claims that the work to 15

be performed under the consistency document is 16

inconsistent with the record of decision or 17

causes adverse impacts to species not listed 18

under the Endangered Species Act of 1973 (16 19

U.S.C. 1531 et seq.) at the time the record of 20

decision was prepared but which have been list-21

ed subsequent to the record of decision. 22

‘‘(B) LIMITATION OF ACTIONS.—No cause 23

of action may be maintained under subpara-24

graph (A) unless commenced not later than 30 25


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•S 1784 IS

days after the date on which the consistency 1

document is issued. 2

‘‘(4) PROJECTS OUTSIDE SCOPE.—With respect 3

to work in the forestry emphasis areas that falls out-4

side the scope of the environmental impact state-5

ments prepared under this title— 6

‘‘(A) the work shall only be authorized 7

under this title for a project that does not ex-8

ceed 5,000 acres; and 9

‘‘(B) environmental analysis documents re-10

quired under the National Environmental Pol-11

icy Act of 1969 (42 U.S.C. 4321 et seq.) shall 12

be completed for that work. 13

‘‘(e) COORDINATION WITH OTHER AGENCIES; CON-14

SULTATION.— 15

‘‘(1) MULTIAGENCY COORDINATION.— 16

‘‘(A) UP-FRONT PLANNING AND CON-17

SULTATION.—Not later than 7 days after the 18

date of enactment of the Oregon and California 19

Land Grant Act of 2013, the Secretary shall in-20

vite the Director of the United States Fish and 21

Wildlife Service, the Administrator of the Na-22

tional Oceanic and Atmospheric Administration, 23

the Administrator of the Environmental Protec-24

tion Agency, the Governor of Oregon, the heads 25


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or equivalent duly-elected tribal government 1

leaders of federally-recognized Indian tribes 2

with aboriginal land in the covered area, and 3

local governments in the covered area to partici-4

pate in— 5

‘‘(i) the development of any environ-6

mental impact statement necessary to 7

carry out this Act; and 8

‘‘(ii) subsequently, the revision of any 9

resource management plan necessary to 10

carry out this Act. 11

‘‘(B) ASSESSMENTS UNDER THE ENDAN-12

GERED SPECIES ACT OF 1973.— 13

‘‘(i) IN GENERAL.—Not later than 90 14

days after the date of enactment of the Or-15

egon and California Land Grant Act of 16

2013, the Director the United States Fish 17

and Wildlife Service and the Administrator 18

of the National Oceanic and Atmospheric 19

Administration shall commence any assess-20

ments required under the Endangered Spe-21

cies Act of 1973 (16 U.S.C. 1531 et seq.) 22

to provide adequate consultation and quan-23

tify acceptable take levels for the planned 24


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treatments and projects under the environ-1

mental impact statement. 2

‘‘(ii) PROJECT-SPECIFIC CONCUR-3

RENCE.— 4

‘‘(I) IN GENERAL.—The Sec-5

retary may seek project-specific con-6

currence from the Director the United 7

States Fish and Wildlife Service and 8

the Administrator of the National 9

Oceanic and Atmospheric Administra-10

tion. 11

‘‘(II) CONCURRENCE OR OBJEC-12

TION.—For a specific project that re-13

quires a consistency document under 14

subsection (d) and would require doc-15

umentation relating to the Endan-16

gered Species Act of 1973 (16 U.S.C. 17

1531 et seq.) in accordance with sub-18

clause (I), not later than 21 days 19

after the date on which the Secretary 20

seeks project-specific concurrence, the 21

Director the United States Fish and 22

Wildlife Service or the Administrator 23

of the National Oceanic and Atmos-24


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pheric Administration, as applicable, 1

shall— 2

‘‘(aa) submit to the Sec-3

retary written concurrence that 4

the project is not likely to ad-5

versely affect listed species or 6

critical habitat, in accordance 7

with the Endangered Species Act 8

of 1973 (16 U.S.C. 1531 et seq.); 9

or 10

‘‘(bb) notify the Secretary 11

that formal consultation will be 12

required. 13

‘‘(C) PARTICIPATION BY NON-FEDERAL 14

ENTITIES.—Non-Federal entities may submit to 15

the Secretary a request to participate in the de-16

velopment of any environmental impact state-17

ment and any resource management plan nec-18

essary under this Act. 19

‘‘(2) LIAISONS.—Not later than 45 days after 20

the date of enactment of the Oregon and California 21

Land Grant Act, the Director the United States 22

Fish and Wildlife Service and the Administrator of 23

the National Oceanic and Atmospheric Administra-24


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tion shall identify personnel that will serve as a liai-1

son to the Secretary— 2

‘‘(A) to develop the environmental impact 3

statements and resource management plans 4

necessary under this Act; and 5

‘‘(B) address any issues at the project level 6

under the Endangered Species Act of 1973 (16 7

U.S.C. 1531 et seq.). 8

‘‘(3) CONCURRENT REVIEW.— 9

‘‘(A) IN GENERAL.—Each cooperating 10

agency, the Director of the United States Fish 11

and Wildlife Service, and the Administrator of 12

the National Oceanic and Atmospheric Admin-13

istration shall carry out the obligations of that 14

agency under other applicable law concurrently 15

and in conjunction with the required environ-16

mental review process for the comprehensive en-17

vironmental impact statement, unless doing so 18

would impair the ability of the agency to con-19

duct needed analysis or otherwise carry out 20

those obligations. 21

‘‘(B) CONSULTATION AND DOCUMENTS RE-22

QUIRED UNDER THE ENDANGERED SPECIES 23

ACT OF 1973.— 24


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‘‘(i) INFORMAL CONSULTATION.—Not 1

later than 7 days after the date of enact-2

ment of the Oregon and California Land 3

Grant Act of 2013, the Secretary shall 4

commence informal consultation with the 5

Director of the United States Fish and 6

Wildlife Service and the Administrator of 7

the National Oceanic and Atmospheric Ad-8

ministration on the implementation of this 9

Act. 10

‘‘(ii) FORMAL CONSULTATION.—Not 11

later than 90 days after the date of enact-12

ment of the Oregon and California Land 13

Grant Act of 2013, the Secretary shall 14

commence formal consultation with the Di-15

rector of the United States Fish and Wild-16

life Service and the Administrator of the 17

National Oceanic and Atmospheric Admin-18

istration on the development of the draft 19

environmental impact statement developed 20

under subsection (c), in accordance with 21

section 7 of the Endangered Species Act of 22

1973 (16 U.S.C. 1536). 23

‘‘(iii) DRAFT ENVIRONMENTAL IM-24

PACT STATEMENT.—Not later than 1 year 25


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after the date of enactment of the Oregon 1

and California Land Grant Act of 2013, 2

the Secretary shall submit to the Director 3

of the United States Fish and Wildlife 4

Service and the Administrator of the Na-5

tional Oceanic and Atmospheric Adminis-6

tration the draft environmental impact 7

statement developed under subsection (c), 8

in accordance with section 7 of the Endan-9

gered Species Act of 1973 (16 U.S.C. 10

1536). 11

‘‘(iv) SUPPORTING DOCUMENTS.—Not 12

later than 60 days after the date on which 13

a draft environmental impact statement is 14

published, the cooperating agencies shall 15

submit to the Secretary any documents re-16

quired of the cooperating agencies under 17

the Endangered Species Act of 1973 (16 18

U.S.C. 1531 et seq.). 19

‘‘(4) ESCALATION OF INTERAGENCY CON-20

FLICTS.— 21

‘‘(A) IN GENERAL.—If a disagreement be-22

tween the liaisons identified in paragraph (2) 23

cannot be resolved within 14 days, the disagree-24

ment shall be escalated to the State directors, 25


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or if there are no State directors, the regional 1

directors. 2

‘‘(B) FURTHER ESCALATION.— 3

‘‘(i) IN GENERAL.—If the State direc-4

tors or regional directors, as applicable, 5

cannot resolve the disagreement within the 6

period beginning on the date on which the 7

14-day period described in subparagraph 8

(A) expires and ending on the date that is 9

7 days after the date on which the 14-day 10

period expires, the matter shall be esca-11

lated to the head of the applicable Federal 12

agency. 13

‘‘(ii) FINAL RESOLUTION.—The head 14

of the applicable Federal agency shall re-15

solve the disagreement not later than 7 16

days after the date on which the disagree-17

ment is escalated under clause (i). 18

‘‘(5) APPLICABILITY OF NORTHWEST FOREST 19

PLAN.—The Northwest Forest Plan Survey and 20

Manage Mitigation Measure Standard and Guide-21

lines shall not apply to forestry emphasis areas. 22

‘‘(6) SALMON.— 23

‘‘(A) IN GENERAL.—The State shall be 24

considered a cooperating agency for purposes of 25


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•S 1784 IS

assisting the Administrator of the National 1

Oceanic and Atmospheric Administration in 2

managing salmon. 3

‘‘(B) MEMORANDUM OF UNDER-4

STANDING.—The State and the Administrator 5

of the National Oceanic and Atmospheric Ad-6

ministration may enter into a memorandum of 7

understanding or an agreement under section 6 8

of the Endangered Species Act of 1973 (16 9

U.S.C. 1535) in carrying out activities under 10

subparagraph (A). 11

‘‘(C) ADMINISTRATION.— 12

‘‘(i) IN GENERAL.—If the Adminis-13

trator of the National Oceanic and Atmos-14

pheric Administration fails to provide any 15

necessary documentation relating to salm-16

on required under the Endangered Species 17

Act of 1973 (16 U.S.C. 1531 et seq.) with-18

in the required deadlines under this sec-19

tion, the Secretary shall consider as com-20

pleted any documentation required of the 21

Administrator under the environmental im-22

pact statement, unless the Secretary of 23

Commerce notifies the Secretary of the In-24

terior that additional time is needed. 25


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‘‘(ii) NONDELEGATION.—The Sec-1

retary of Commerce shall not delegate the 2

authority described in clause (i). 3

‘‘(7) 5-YEAR REEVALUATION.— 4

‘‘(A) IN GENERAL.—Not later than 5 years 5

after the date on which an environmental im-6

pact statement is developed, the Director of the 7

United States Fish and Wildlife Service and the 8

Administrator of the National Oceanic and At-9

mospheric Administration shall reevaluate the 10

performed and proposed work and determine if 11

the work complies with— 12

‘‘(i) the Endangered Species Act of 13

1973 (16 U.S.C. 1531 et seq.); and 14

‘‘(ii) the environmental impact state-15

ment. 16

‘‘(B) REINITIATION.— 17

‘‘(i) IN GENERAL.—Subject to sub-18

paragraph (A) and clause (ii), if the Direc-19

tor of the United States Fish and Wildlife 20

Service and the Administrator of the Na-21

tional Oceanic and Atmospheric Adminis-22

tration determine that reinitiation of con-23

sultation is required due to new informa-24

tion relating to a threatened or endangered 25


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•S 1784 IS

species, changed circumstances relating to 1

a threatened or endangered species, or 2

changed conditions relating to a threatened 3

or endangered species— 4

‘‘(I) the consultation process 5

under this subsection shall be reiniti-6

ated by reassessing changed cir-7

cumstances or conditions relating to 8

the threatened or endangered species 9

not originally evaluated in the envi-10

ronmental impact statements; and 11

‘‘(II) the supporting documenta-12

tion shall be modified not later than 13

90 days after the date on which the 14

consultation commences to reflect the 15

actual conditions. 16

‘‘(ii) MANAGEMENT ACTIVITIES.— 17

Management activities under the com-18

prehensive environmental impact state-19

ments developed under the National Envi-20

ronmental Policy Act of 1969 (42 U.S.C. 21

4321 et seq.) and subsection (a) shall con-22

tinue while the modifications described in 23

clause (i)(II) are being prepared. 24

‘‘(8) LISTINGS OF ENDANGERED SPECIES.— 25


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redesignate some of a conservation emphasis 2

area as a forestry emphasis area and redesig-3

nate a forestry emphasis area that contains 4

critical habitat as a conservation emphasis area 5

if— 6

‘‘(i) a species is added to the list of 7

endangered or threatened species under 8

section 4(c) of the Endangered Species Act 9

of 1973 (16 U.S.C. 1533(c)); and 10

‘‘(ii) critical habitat (as defined in sec-11

tion 3 of the Endangered Species Act of 12

1973 (16 U.S.C. 1532)) is designated 13

within the forestry emphasis area that is 14

incompatible with the harvest of timber 15

under this Act. 16

‘‘(B) IDENTIFICATION OF LANDS TO BE 17

REDESIGNATED.—Not later than 120 days after 18

the date of enactment of the Oregon and Cali-19

fornia Land Grant Act, the Secretary shall 20

identify 10,000 acres of conservation emphasis 21

area that could be redesignated under subpara-22

graph (A). 23


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‘‘SEC. 105. MANAGEMENT OF CONSERVATION EMPHASIS 1

AREAS. 2

‘‘(a) IN GENERAL.—A conservation emphasis area 3

shall be managed in accordance with this Act and for the 4

general purposes of ecological and conservation benefits, 5

including providing forest reserves that include— 6

‘‘(1) old growth and late successional habitat; 7

‘‘(2) clean air; 8

‘‘(3) water quality filtration, purification, and 9

storage; 10

‘‘(4) watershed health; 11

‘‘(5) soil stabilization; 12

‘‘(6) flood control; 13

‘‘(7) native wildlife biodiversity; 14

‘‘(8) connectivity; 15

‘‘(9) long-term storage of carbon; 16

‘‘(10) climate stabilization; 17

‘‘(11) pollination, seed dispersal, soil formation, 18

and nutrient cycling; 19

‘‘(12) recreational, educational, and tourism op-20

portunities; and 21

‘‘(13) aesthetic, spiritual, and cultural heritage 22

values. 23

‘‘(b) MANAGEMENT DIRECTION FOR CONSERVATION 24

EMPHASIS AREAS.— 25


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‘‘(1) TIMBER HARVEST LIMITATIONS.—The cut-1

ting, sale, or removal of timber within a conservation 2

emphasis area may be permitted— 3

‘‘(A) to the extent necessary to improve 4

the health of the forest in a manner that— 5

‘‘(i) maximizes the retention of large 6

trees— 7

‘‘(I) as appropriate to the forest 8

type; and 9

‘‘(II) to the extent that the trees 10

promote stands that are fire resilient 11

and healthy; 12

‘‘(ii) improves the habitats of threat-13

ened or endangered species or species con-14

sidered sensitive by the Secretary over the 15

long term following completion of the 16

project; 17

‘‘(iii) maintains or restores the com-18

position and structure of the ecosystem by 19

reducing the risk of uncharacteristic wild-20

fire; or 21

‘‘(iv) in the case of harvests in moist 22

forest sites, is conducted— 23

‘‘(I) through variable density and 24

clump-based thinning; 25


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‘‘(II) in stands up to 80 years of 1

age to accelerate development of 2

structurally complex forest conditions; 3

and 4

‘‘(III) in a manner that retains 5

older trees and old growth; 6

‘‘(B) to carry out an approved manage-7

ment activity in furtherance of the purposes of 8

this section, if the cutting, sale, or removal of 9

timber is incidental to the management activity; 10

or 11

‘‘(C) for de minimis personal or adminis-12

trative use within the conservation emphasis 13

area, if the use will not impact the purposes of 14

this section. 15

‘‘(2) ROAD CONSTRUCTION.—No new or tem-16

porary roads shall be constructed or reconstructed 17

within a conservation emphasis area after the date 18

of enactment of the Oregon and California Land 19

Grant Act of 2013 except as necessary— 20

‘‘(A) to protect the health and safety of in-21

dividuals in cases of an imminent threat of 22

flood, fire, or any other catastrophic event that, 23

without intervention, would result in the loss of 24

life or property; 25


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‘‘(B) to carry out environmental cleanup 1

activities required by the Federal Government; 2

‘‘(C) to allow for the exercise of reserved 3

or outstanding rights provided for by treaty or 4

Federal law; 5

‘‘(D) to prevent irreparable resource dam-6

age by a road constructed before the date of en-7

actment of the Oregon and California Land 8

Grant Act; or 9

‘‘(E) to rectify a hazardous road condition. 10

‘‘(3) WITHDRAWAL.—Subject to valid existing 11

rights, all Federal land within the conservation em-12

phasis area is withdrawn from— 13

‘‘(A) all forms of entry, appropriation, or 14

disposal under the public land laws, except dis-15

posal by exchange or sale in accordance with 16

section 117; 17

‘‘(B) location, entry, and patent under the 18

mining laws; and 19

‘‘(C) disposition under all laws relating to 20

mineral and geothermal leasing. 21

‘‘(c) WATER QUALITY PROTECTION IN CONSERVA-22

TION EMPHASIS AREAS.— 23

‘‘(1) RIPARIAN RESERVES.—In carrying out the 24

aquatic conservation strategy for conservation em-25


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phasis areas, key watersheds and drinking water em-1

phasis areas, the Secretary shall establish riparian 2

reserves that— 3

‘‘(A) in the case of land located along a 4

fish-bearing stream, are 2 site-potential tree 5

height or 300-feet slope distance, whichever is 6

greater; 7

‘‘(B) in the case of land located along a 8

permanently flowing nonfish-bearing stream, 9

are 1 site-potential tree height or 150-feet slope 10

distance, whichever is greater; 11

‘‘(C) in the case of land located along a 12

seasonally flowing or intermittent stream, are 13


‘‘(i) the stream channel to the top of 15

the inner gorge and out to the edge of the 16

riparian vegetation; 17

‘‘(ii) a distance of 1 site-potential tree 18

height; or 19

‘‘(iii) 100-feet slope distance; 20

‘‘(D) in the case of a wetland that is great-21

er than 1 acre, a lake, or a natural pond, are 22



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‘‘(i) the body of water and land lo-1

cated along the wetland, lake, or pond to 2

the outer edges of riparian vegetation; 3

‘‘(ii) a distance 2 site-potential tree 4

height; or 5

‘‘(iii) 300-feet slope distance; 6

‘‘(E) in the case of a constructed pond or 7

a reservoir, are the area from the maximum 8

pool elevation to a distance equal to the height 9

of 1 site-potential tree or 150-feet slope dis-10

tance, whichever is greater; and 11

‘‘(F) in the case of a wetland that is less 12

than 1 acre or an unstable or potentially unsta-13

ble area, are whichever is greater among— 14

‘‘(i) the extent of the unstable and po-15

tentially unstable area or the wetland less 16

than 1 acre, as applicable, to the outer 17

edges of the riparian vegetation; 18

‘‘(ii) a distance of 1 site-potential tree 19

height; or 20

‘‘(iii) 150-feet slope distance. 21

‘‘(2) WATERSHED ANALYSIS AND REVIEW.— 22


regularly conduct watershed analysis and a re-24

view of aquatic and riparian resources to ensure 25


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•S 1784 IS

adequate protections are being provided, con-1

sistent with the objectives described in section 2

102(e)(1). 3

‘‘(B) CRITERIA.—Criteria considered in 4

the analysis shall include— 5

‘‘(i) the importance of the streams to 6

salmon populations; 7

‘‘(ii) the impacts of thermal loading; 8

‘‘(iii) water quality; and 9

‘‘(iv) the potential for the delivery or 10

deposition of sediment and wood from 11

upslope sources. 12

‘‘(C) CHANGES TO STRATEGY.—If a peer- 13

reviewed, multiagency report calls for changes 14

to the aquatic conservation strategy or any ri-15

parian reserves on the conservation land to be 16

consistent with purposes described in section 17

102(e)(1), the Secretary may consider changes 18

as part of any modifications (revisions or 19

amendments) to the relevant resource manage-20

ment plans. 21

‘‘(d) MAPS AND LEGAL DESCRIPTIONS.— 22

‘‘(1) IN GENERAL.—As soon as practicable 23


fornia Land Grant Act, the Secretary shall prepare 25


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a map and legal description for the land described 1

in sections 106 through 116. 2

‘‘(2) FORCE OF LAW.—The maps and legal de-3

scriptions described in paragraph (1) shall have the 4

same force and effect as if included in this Act, ex-5

cept that the Secretary may correct typographical 6

errors in the maps and legal descriptions. 7

‘‘(3) PUBLIC AVAILABILITY.—The maps and 8

legal descriptions described in paragraph (1) shall be 9

on file and available for public inspection in the ap-10

propriate offices of the Bureau of Land Manage-11

ment. 12

‘‘SEC. 106. ROGUE NATIONAL RECREATION AREA. 13

‘‘(a) DESIGNATION.—There is established a Rogue 14

National Recreational Area to provide for the protection, 15

preservation, and enhancement of recreational, ecological, 16

scenic, cultural, watershed, and fish and wildlife values. 17

‘‘(b) BOUNDARY.—The Rogue National Recreation 18

Area shall consist of certain Federal land managed by the 19

Bureau of Land Management, comprising approximately 20

94,700 acres, as generally depicted on the map entitled 21

‘O&C Land Grant Act of 2013: Rogue National Recre-22

ation Area’ and dated November 18, 2013. 23

‘‘(c) ADMINISTRATION.—The Secretary shall— 24


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‘‘(1) administer the Rogue National Recreation 1

Area— 2

‘‘(A) in accordance with the applicable 3

Federal laws (including regulations) and rules 4

applicable to the Bureau of Land Management; 5

and 6

‘‘(B) consistent with section 105; and 7

‘‘(2) only allow uses of the Rogue National 8

Recreation Area that are consistent with the pur-9

poses described in subsection (a). 10

‘‘(d) OFF-ROAD VEHICLES.—The use of motorized 11

vehicles on Bureau of Land Management holdings in the 12

Rogue National Recreation Area shall be limited to roads 13

designated by the Secretary. 14

‘‘(e) FISH AND WILDLIFE.—Nothing in this section 15

affects the jurisdiction or responsibilities of the State with 16

respect to fish and wildlife in the State. 17

‘‘(f) ADJACENT MANAGEMENT.—Nothing in this sec-18

tion creates any protective perimeter or buffer zone 19

around the Rogue National Recreation Area. 20

‘‘(g) PROTECTION OF TRIBAL RIGHTS.—Nothing in 21

this section diminishes any treaty rights of any Indian 22

tribe. 23

‘‘(h) LAND RECLASSIFICATION.— 24


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•S 1784 IS

‘‘(1) IN GENERAL.—The Secretary shall reclas-1

sify the approximately 8,600 acres of Federal land 2

generally depicted on the map described in sub-3

section (b) as ‘Other BLM lands’ as Oregon and 4

California Railroad grant land. 5

‘‘(2) APPLICABILITY.—The land reclassified 6

under paragraph (1) shall be considered to satisfy 7

any requirement to reclassify public domain land as 8

Oregon and California Railroad grant land, includ-9

ing under sections 206 and 216 of the Oregon and 10

California Land Grant Act of 2013. 11

‘‘SEC. 107. MOLALLA NATIONAL RECREATION AREA. 12

‘‘(a) DESIGNATION.—There is established a Molalla 13

National Recreational Area to provide for the protection, 14

preservation, and enhancement of recreational, ecological, 15

scenic, cultural, watershed, and fish and wildlife values. 16

‘‘(b) BOUNDARY.—The Molalla National Recreation 17

Area shall consist of certain Federal land managed by the 18

Bureau of Land Management, comprising approximately 19

24,100 acres, as generally depicted on the map entitled 20

‘O&C Land Grant Act of 2013: Molalla National Recre-21

ation Area’ and dated November 18, 2013. 22


‘‘(1) administer the Molalla National Recreation 24

Area— 25


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‘‘(A) in accordance with the applicable 1

Federal laws (including regulations) and rules 2

applicable to the Bureau of Land Management; 3

and 4


‘‘(2) only allow uses of the Molalla National 6

Recreation Area that are consistent with the pur-7

poses described in subsection (a). 8



Molalla National Recreation Area shall be limited to roads 11







around the Molalla National Recreation Area. 18



tribe. 21




generally depicted on the map described in sub-25


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section (b) as ‘Other BLM lands’ as Oregon and 1

California Railroad grant land. 2







‘‘SEC. 108. MCKENZIE DRINKING WATER SPECIAL MANAGE-9

MENT UNIT. 10

‘‘(a) ESTABLISHMENT.—There is established a spe-11

cial resources management unit in the State consisting of 12

certain Federal land managed by the Bureau of Land 13

Management, generally depicted as the ‘McKenzie Drink-14

ing Water Special Management Unit’ on the map entitled 15

‘O&C Land Grant Act of 2013: McKenzie Drinking Water 16

Area’ and dated November 18, 2013, to be known as the 17

‘McKenzie Drinking Water Special Management Unit’ (re-18

ferred to in this section as the ‘Management Unit’). 19

‘‘(b) PURPOSES.—The purposes of the Management 20

Unit are— 21

‘‘(1) to ensure the protection of the McKenzie 22

Watershed as a clean drinking water source safe-23

guarding the water quality and quantity of the Wa-24


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tershed, for the residents of Lane County, Oregon; 1

and 2

‘‘(2) to allow visitors to enjoy the special scenic, 3

natural, cultural, and fish and wildlife values of the 4

McKenzie Watershed. 5

‘‘(c) ADMINISTRATION.— 6

‘‘(1) IN GENERAL.—The Secretary shall— 7

‘‘(A) administer the Management Unit— 8

‘‘(i) in accordance with the laws (in-9

cluding regulations) and rules applicable to 10

the Bureau of Land Management; and 11

‘‘(ii) consistent with section 105; and 12

‘‘(B) only allow uses of the Management 13

Unit that are consistent with the purposes de-14

scribed in subsection (b). 15

‘‘(d) PROHIBITED ACTIVITIES.—Subject to valid ex-16

isting rights, the following activities shall be prohibited on 17

Bureau of Land Management land in the Management 18

Unit: 19

‘‘(1) Commercial livestock grazing. 20

‘‘(2) The placement of new fuel storage tanks. 21

‘‘(3) Except to the extent necessary to further 22

the purposes described in subsection (b), the applica-23

tion of any toxic chemicals (other than fire 24

retardants), including pesticides. 25


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‘‘(e) COOPERATION ON PRIVATE LAND.—The Sec-1

retary is encouraged to work with private landowners who 2

have agreed to cooperate with the Secretary to further the 3

purposes of this section. 4

‘‘(f) OFF-ROAD VEHICLES.—The use of motorized 5


Management Unit shall be limited to roads designated by 7

the Secretary. 8

‘‘(g) FISH AND WILDLIFE.—Nothing in this section 9



‘‘(h) ADJACENT MANAGEMENT.—Nothing in this sec-12


around the Management Unit. 14

‘‘(i) PROTECTION OF TRIBAL RIGHTS.—Nothing in 15


tribe. 17

‘‘SEC. 109. HILLSBORO DRINKING WATER SPECIAL MAN-18

AGEMENT UNIT. 19




Management, generally depicted as the ‘Hillsboro Drink-23


‘O&C Land Grant Act of 2013 Hillsboro Drinking Water 25


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•S 1784 IS

Area’ and dated November 18, 2013, to be known as the 1

‘Hillsboro Drinking Water Special Management Unit’ (re-2

ferred to in this section as the ‘Management Unit’). 3


Unit are— 5

‘‘(1) to ensure the protection of the Hillsboro 6

Watershed as a clean drinking water source, safe-7

guarding the quality and quantity of the Watershed, 8

for the residents of Washington County, Oregon; 9

and 10



Hillsboro Watershed. 13











‘‘(d) PROHIBITED ACTIVITIES.—Subject to valid, ex-24



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Bureau of Land Management land on the conservation 1

emphasis areas in the Management Unit: 2








retary is encouraged to work with adjacent private land-10

owners who have agreed to cooperate with the Secretary 11

to further the purposes of this section. 12




the Secretary. 16









tribe. 25


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•S 1784 IS

‘‘SEC. 110. CLACKAMAS DRINKING WATER SPECIAL MAN-1

AGEMENT UNIT. 2




Management, generally depicted as the ‘Clackamas Drink-6


‘O&C Land Grant Act of 2013: Clackamas Drinking 8

Water Area’ and dated November 18, 2013, to be known 9

as the ‘Clackamas Drinking Water Special Management 10

Unit’ (referred to in this section as the ‘Management 11

Unit’). 12


Unit are— 14

‘‘(1) to ensure the protection of the Clackamas 15



tershed, for the residents of Clackamas County, Or-18

egon; and 19



Clackamas Watershed. 22





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•S 1784 IS

























the Secretary. 25


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tribe. 9

‘‘SEC. 111. SPRINGFIELD DRINKING WATER SPECIAL MAN-10

AGEMENT UNIT. 11




Management, generally depicted as the ‘Springfield Drink-15


‘O&C Land Grant Act of 2013: Springfield Drinking 17

Water Area’ and dated November 18, 2013, to be known 18

as the ‘Springfield Drinking Water Special Management 19

Unit’ (referred to in this section as the ‘Management 20

Unit’). 21


Unit are— 23

‘‘(1) to ensure the protection of the Springfield 24



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tershed, for the residents of Springfield, Oregon and 2

nearby communities; and 3



Springfield Watershed. 6




















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•S 1784 IS










the Secretary. 10









tribe. 19

‘‘SEC. 112. CASCADE-SISKIYOU NATIONAL MONUMENT EX-20

PANSION. 21

‘‘(a) EXPANSION AND ADMINISTRATION.—Subject to 22

valid existing rights, the Secretary shall administer the ap-23

proximately 2,050 acres of Bureau of Land Management 24

land generally depicted as ‘Cascade Siskiyou National 25


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Monument Expansion’ on the map entitled ‘O&C Land 1

Grant Act of 2013: Cascade-Siskiyou National Monument 2

Expansion and Pacific Crest Trail Protection Corridor’ 3

and dated November 18, 2013, as part of the Cascade- 4

Siskiyou National Monument (referred to in this section 5

as the ‘Monument’), in accordance with— 6

‘‘(1) this section; 7

‘‘(2) Presidential Proclamation Number 7318, 8

dated June 9, 2000 (65 Fed. Reg. 37247); and 9

‘‘(3) section 105 and any law (including regula-10

tions) generally applicable to Bureau of Land Man-11

agement land, including the Federal Land Policy 12

and Management Act of 1976 (43 U.S.C. 1701 et 13

seq.). 14

‘‘(b) FIRE MANAGEMENT.—As soon as practicable 15

after the date of enactment of this section, the Secretary 16

shall— 17

‘‘(1) revise the fire management plan for the 18

Monument to include the land added to the Monu-19

ment under subsection (a); and 20

‘‘(2) in accordance with the revised plan, carry 21

out hazardous fuel management activities within the 22

boundaries of the Monument. 23

‘‘(c) GRAZING.— 24


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‘‘(1) IN GENERAL.—Subject to paragraph (2), 1

the Secretary may allow the grazing of livestock 2

within the approximately 2,050 acres of expansion 3

land to continue as authorized under permits or 4

leases in existence as of the date of enactment of 5

this section. 6

‘‘(2) APPLICABLE LAW.—Grazing under para-7

graph (1) shall be— 8

‘‘(A) at a level not greater than the level 9

at which the grazing exists as of the date of en-10

actment of this section, as measured in Animal 11

Unit Months; and 12

‘‘(B) in accordance with applicable law. 13

‘‘(d) FISH AND WILDLIFE.—Nothing in this section 14



‘‘(e) ADJACENT MANAGEMENT.—Nothing in this sec-17


around the Monument additions. 19

‘‘(f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 20


tribe. 22

‘‘(g) LAND RECLASSIFICATION.— 23


sify the approximately 200 acres of Federal land 25


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generally depicted as ‘Other BLM lands’ on the map 1

described in subsection (b) as Oregon and California 2

Railroad grant land. 3







‘‘SEC. 113. ILLINOIS VALLEY SALMON AND BOTANICAL 10

AREA SPECIAL MANAGEMENT UNIT. 11




Management, as generally depicted on the map entitled 15

‘O&C Land Grant Act of 2013: Illinois Valley Salmon and 16

Botanical Area’ and dated November 18, 2013, to be 17

known as the ‘Illinois Valley Salmon and Botanical Area’ 18

(referred to in this section as the ‘Botanical Area’). 19

‘‘(b) PURPOSES.—The purposes of the Botanical 20

Area are to provide for the protection, preservation, and 21

enhancement of botanical, nonmotorized recreational, eco-22

logical, scenic, cultural, watershed, and fish and wildlife 23

values. 24



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‘‘(1) administer the Botanical Area— 1

‘‘(A) in accordance with the laws (includ-2

ing regulations) and rules applicable to the Bu-3

reau of Land Management; and 4


‘‘(2) only allow uses of the Botanical Area that 6

are consistent with the purposes described in sub-7

section (b). 8



Botanical Area shall be limited to roads designated by the 11

Secretary. 12






around the Botanical Area. 18



tribe. 21




generally depicted as ‘Other BLM lands’ on the map 25


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•S 1784 IS

described in subsection (a) as Oregon and California 1








‘‘SEC. 114. PACIFIC CREST NATIONAL SCENIC TRAIL PRO-9

TECTION CORRIDOR. 10

‘‘(a) ESTABLISHMENT.—The Secretary shall— 11

‘‘(1) not later than 1 year after the date of en-12

actment of the Oregon and California Land Grant 13

Act of 2013, establish a protection and management 14

corridor in the State consisting of certain Federal 15

land managed by the Bureau of Land Management, 16

generally depicted as ‘Pacific Crest Trail Protection 17

Corridor’ on the map entitled ‘O&C Land Grant Act 18

of 2013: Cascade-Siskiyou National Monument Ex-19

pansion and Pacific Crest Trail Protection Corridor’ 20

and dated November 18, 2013, to be known as the 21

‘Pacific Crest Trail Corridor’ (referred to in this sec-22

tion as the ‘PCT Corridor’); and 23

‘‘(2) draw the PCT Corridor boundaries to in-24

clude— 25


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‘‘(A) all the Bureau of Land Management 1

land within approximately 1⁄4 mile on either 2

side of the Pacific Crest National Scenic Trail; 3

and 4

‘‘(B) to the extent practicable, recreational, 5

scenic, historical, wildlife, water, and other re-6

sources associated with the Pacific Crest Na-7

tional Scenic Trail that are in need of protec-8

tion. 9

‘‘(b) ADMINISTRATION.— 10

‘‘(1) IN GENERAL.—The Secretary shall man-11

age the Federal land administered by the Bureau of 12

Land Management described in subsection (a) to 13

protect and enhance enjoyment of the recreational, 14

scenic, historical, wildlife, and water values of the 15

PCT Corridor in as natural and undeveloped state 16

as practicable. 17

‘‘(2) ACTIVITIES.—Forest thinning and vegeta-18

tion treatments should be considered consistent with 19

paragraph (1) if the purpose is— 20

‘‘(A) to improve forest health when faced 21

by a threat of fire, insect outbreak, or disease; 22

‘‘(B) to improve or maintain recreational 23

facilities and opportunities; or 24

‘‘(C) to protect public health or safety. 25


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•S 1784 IS

‘‘(c) FOREST ROADS.—Forest roads crossing the 1

PCT Corridor or within the PCT Corridor shall be limited 2

to those necessary for the proper use and administration 3

of adjacent public land, as determined by the Secretary 4

in applicable management plans. 5

‘‘(d) APPLICABLE LAW.—If the PCT Corridor estab-6

lished by this subsection is within an area designated by 7

Congress for special management, the most restrictive 8

provisions of law shall apply. 9






around the PCT Corridor. 15



tribe. 18

‘‘SEC. 115. PRIMITIVE BACKCOUNTRY SPECIAL MANAGE-19

MENT AREAS. 20

‘‘(a) MANAGEMENT.— 21

‘‘(1) IN GENERAL.—The Secretary shall man-22

age the Federal land administered by the Bureau of 23

Land Management described in subsection (b) in a 24

manner that preserves the natural and primitive 25


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•S 1784 IS

character of the land for recreational, scenic, and 1

scientific use. 2

‘‘(2) ACTIVITIES.—Forest thinning and vegeta-3

tion treatments should be considered consistent with 4

paragraph (1) if the purpose is— 5

‘‘(A) to improve forest health when faced 6

by a threat of fire, insect outbreak, or disease; 7

‘‘(B) to improve or maintain recreational 8

facilities and opportunities; or 9

‘‘(C) to protect public health or safety. 10

‘‘(b) DESCRIPTION OF LAND.—The Federal land re-11

ferred to in subsection (a) is the following: 12

‘‘(1) GRIZZLY PEAK PRIMITIVE BACKCOUNTRY 13

AREA.—Certain Federal land managed by the Bu-14

reau of Land Management, comprising approxi-15

mately 2,100 acres, as generally depicted on the 16

map entitled ‘O&C Land Grant Act of 2013: Grizzly 17

Peak Primitive Backcountry Area,’ dated November 18

18, 2013, which shall be known as the ‘Grizzly Peak 19

Primitive Backcountry Area’. 20

‘‘(2) DAKUBETEDE PRIMITIVE BACKCOUNTRY 21




map entitled ‘O&C Land Grant Act of 2013: 25


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•S 1784 IS

Dakubetede Primitive Backcountry Area,’ dated No-1

vember 18, 2013, which shall be known as the 2

‘Dakubetede Primitive Backcountry Area’. 3

‘‘(3) WELLINGTON WILDLANDS PRIMITIVE 4

BACKCOUNTRY AREA.—Certain Federal land man-5

aged by the Bureau of Land Management, com-6

prising approximately 5,700 acres, as generally de-7

picted on the map entitled ‘O&C Land Grant Act of 8

2013: Wellington Wildlands Primitive Backcountry 9

Area,’ dated November 18, 2013, which shall be 10

known as the ‘Wellington Wildlands Primitive 11

Backcountry Area’. 12

‘‘(4) MUNGERS BUTTE PRIMITIVE 13





2013: Mungers Butte Primitive Backcountry Area,’ 18

dated November 18, 2013, which shall be known as 19

the ‘Mungers Butte Primitive Backcountry Area’. 20

‘‘(5) BRUMMITT FIR PRIMITIVE BACKCOUNTRY 21




map entitled ‘O&C Land Grant Act of 2013: 25


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•S 1784 IS

Brummitt Fir Primitive Backcountry Area,’ dated 1

November 18, 2013, which shall be known as the 2

‘Brummitt Fir Primitive Backcountry Area’. 3

‘‘(6) CRABTREE VALLEY PRIMITIVE 4





2013: Crabtree Valley Primitive Backcountry Area,’ 9

dated November 18, 2013, which shall be known as 10

the ‘Crabtree Valley Primitive Backcountry Area’. 11

‘‘(c) OFF-ROAD VEHICLES.—The use of motorized 12


land described in subsection (b) shall be limited to roads 14


‘‘(d) FISH AND WILDLIFE.—Nothing in this section 16



‘‘(e) ADJACENT MANAGEMENT.—Nothing in this sec-19


around the land described in subsection (b). 21

‘‘(f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 22


tribe. 24

‘‘(g) LAND RECLASSIFICATION.— 25


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•S 1784 IS


sify the approximately 3,600 acres of Federal gen-2

erally depicted as ‘Other BLM lands’ on the maps 3

described in subsection (b) as Oregon and California 4








‘‘SEC. 116. SPECIAL ENVIRONMENTAL ZONES. 12

‘‘(a) DESIGNATION.—There are established special 13

resources management units consisting of current and 14

proposed areas of critical environmental concern managed 15

by the Bureau of Land Management that are not other-16

wise designated by this Act, as generally depicted on the 17

map entitled ‘O&C Land Grant Act of 2013: Special Envi-18

ronmental Zones’ and dated November 18, 2013, to be 19

known as ‘Special Environmental Zones’ (referred to in 20

this section as ‘Special Environmental Zones’). 21

‘‘(b) PURPOSES.—The purposes of the Special Envi-22

ronmental Zones are to provide for the protection, preser-23

vation, and enhancement of ecological, scenic, cultural, 24

watershed, and fish and wildlife values. 25


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•S 1784 IS


‘‘(1) administer the Special Environmental 2

Zones— 3

‘‘(A) in accordance with the laws (includ-4

ing regulations) and rules applicable to the Bu-5

reau of Land Management; and 6


‘‘(2) only allow uses of the Special Environ-8

mental Zones that are consistent with the purposes 9

described in subsection (b). 10



Special Environmental Zones shall be limited to roads des-13

ignated by the Secretary. 14






around the Special Environmental Zones. 20



tribe. 23

‘‘(h) EFFECT ON OTHER LAWS.—If a Special Envi-24

ronmental Zone established by this section is located with-25


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•S 1784 IS

in an area designated by Congress for special manage-1

ment, the most restrictive provisions of Federal law shall 2

apply. 3

‘‘SEC. 117. LAND OWNERSHIP CONSOLIDATION. 4

‘‘(a) IN GENERAL.—The Secretary shall seek to con-5

solidate Federal and non-Federal land by conveying the 6

covered land and by acquiring private or State-owned land 7

to create more contiguous blocks of land under the juris-8

diction of the Secretary— 9

‘‘(1) to improve the efficiency of management of 10

the Federal land; 11

‘‘(2) to facilitate resource management on the 12

Federal land; or 13

‘‘(3) to improve the conservation value of the 14

Federal land. 15

‘‘(b) REVIEW.—Not later than 180 days after the 16

date of enactment of the Oregon and California Land 17

Grant Act of 2013, the Secretary shall review and inven-18

tory the covered land to identify any public land that— 19

‘‘(1) as the result of location or other char-20

acteristic, is no longer necessary or appropriate for 21

continued Federal management in accordance with 22

this Act; or 23

‘‘(2) is determined to facilitate achieving any of 24

the purposes described in subsection (a). 25


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•S 1784 IS

‘‘(c) CONSULTATION WITH ADJACENT LAND-1

OWNERS.—As soon as practicable after completing the re-2

view and inventory under subsection (b), the Secretary 3

shall consult with the owners of adjacent land to deter-4

mine whether there is mutual interest in entering into land 5

exchanges if the exchange will meet any of the purposes 6

described in subsection (a). 7

‘‘(d) EXPEDITED LAND EXCHANGES.— 8

‘‘(1) IN GENERAL.—If an owner of adjacent 9

land described in subsection (c) expresses interest in 10

participating in a land exchange under this section, 11

the Secretary may complete that land exchange in 12

accordance with paragraphs (2) through (5). 13

‘‘(2) PUBLIC INTEREST DETERMINATION.— 14

‘‘(A) IN GENERAL.—If an owner of adja-15

cent land described in subsection (c) proposes 16

to the Secretary entering into a land exchange 17

under this section, the Secretary shall, not later 18

than 90 days after receiving the proposal, de-19

termine whether the public interest will be well- 20

served by making the exchange. 21

‘‘(B) FAILURE TO MAKE PUBLIC INTEREST 22

DETERMINATION.—If the Secretary fails to 23

make the determination by the date described 24

in subparagraph (A), the Secretary shall submit 25


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•S 1784 IS

to the Committee on Energy and Natural Re-1

sources of the Senate and the Committee on 2

Natural Resources of the House of Representa-3

tives— 4

‘‘(i) a report explaining the reason 5

why the determination has not been made; 6

and 7

‘‘(ii) every 30 days after the report 8

described in clause (i) is submitted until 9

the date on which the Secretary makes a 10

determination, an updated report. 11

‘‘(3) EXCHANGE PENDING COMPLETION OF AP-12

PRAISALS.—If the Secretary determines that a pro-13

posed land exchange is in the public interest, the 14

Secretary may allow for the Federal and non-Fed-15

eral land to be exchanged pending completion of ap-16

praisals, subject to a binding commitment from the 17

non-Federal landowner and any terms and condi-18

tions the Secretary may require to ensure that the 19

values of the Federal and non-Federal land are ulti-20

mately equal or equalized in accordance with section 21

206(b) of the Federal Land Policy and Management 22

Act of 1976 (43 U.S.C. 1716(b)). 23

‘‘(4) LAND OF APPROXIMATELY EQUAL 24

VALUE.—In order to expedite a land exchange that 25


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•S 1784 IS

the Secretary has determined to be in the public in-1

terest under paragraph (2), the Secretary may use 2

the authority to exchange land of approximately 3

equal value in accordance with section 206(h) of the 4

Federal Land Policy and Management Act of 1976 5

(43 U.S.C. 1716(h)) as applicable. 6

‘‘(5) ADDITIONAL EXCHANGE AUTHORITY.— 7

The Secretary may exercise the authority under the 8

Act of March 20, 1922 (16 U.S.C. 485), to facilitate 9

land exchanges under this section, except that any 10

reference to the Secretary of Agriculture in that Act 11

shall be considered to be a reference to the Sec-12

retary, and any reference to national forests in that 13

Act shall be considered to be a reference to covered 14

land. 15

‘‘(e) SALE OF PUBLIC LAND.— 16

‘‘(1) IN GENERAL.— 17

‘‘(A) ESTABLISHMENT.—The Secretary 18

shall establish a program to complete appraisals 19

and satisfy other legal requirements for the sale 20

or exchange of public land identified for dis-21

posal under this section. 22

‘‘(B) PRIORITY SALES.—The Secretary 23

shall prioritize the sales of land of those parcels 24

identified by the Secretary as suitable for dis-25


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•S 1784 IS

posal as of the date of enactment of the Oregon 1

and California Land Grant Act of 2013, identi-2

fied as ‘Land Tenure, Zone 3’ as generally de-3

picted on the map entitled ‘Western Oregon 4

Forestry Land Tenure, Zone 3’ and dated Sep-5

tember 6, 2013. 6

‘‘(2) SALE PROCEDURES.—The sale of public 7

land identified under subsection (a) shall be con-8

ducted in accordance with sections 203 and 209 of 9

the Federal Land Policy and Management Act of 10

1976 (43 U.S.C. 1713, 1719). 11

‘‘(3) EXCEPTIONS TO COMPETITIVE BIDDING 12

REQUIREMENTS.—The exceptions to competitive bid-13

ding requirements under section 203(f) of the Fed-14

eral Land Policy and Management Act of 1976 (43 15

U.S.C. 1713(f)) shall apply to this section in cases 16

in which the Secretary determines it to be necessary. 17

‘‘(f) USE OF PROCEEDS.— 18

‘‘(1) IN GENERAL.—Notwithstanding any other 19

provision of law (other than a law that specifically 20

provides for a portion of the proceeds of a land sale 21

to be distributed to any trust fund of the State), 22

proceeds from the sale under subsection (e) of land 23

described in subsection (a) shall— 24


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•S 1784 IS

‘‘(A) in the case of land sold within a for-1

estry emphasis area, be deposited into a sepa-2

rate account in the Treasury to be known as 3

the ‘O&C Land—Forestry Emphasis Areas Ac-4

quisition Account’; and 5

‘‘(B) in the case of land sold within a con-6

servation emphasis area, be deposited into a 7

separate account in the Treasury to be known 8

as the ‘O&C Land—Conservation Emphasis 9

Areas Acquisition Account’. 10

‘‘(2) AVAILABILITY.—Amounts in the accounts 11

described in paragraph (1) shall be available to the 12

Secretary, without further appropriation, to pur-13

chase land or interests in land, from willing sellers 14

only, if acquisition of the non-Federal land will meet 15

1 or more of the purposes described in subsection 16

(a). 17

‘‘(3) ADMINISTRATIVE EXPENSES.—An amount 18

not to exceed 20 percent of the funds deposited in 19

the accounts described in paragraph (1) may be used 20

by the Secretary for administrative and other ex-21

penses necessary to carry out the activities author-22

ized in this section. 23


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‘‘(g) BALANCE IN ACCOUNTS.—The Secretary shall 1

administer the balance in the accounts described in sub-2

section (f)(1) as follows: 3

‘‘(1) The Secretary shall not complete the sale 4

of more than 5,000 acres of the land identified 5

under subsection (b) prior to obligating funds from 6

the accounts described in subsection (f)(1) for the 7

acquisition of at least 1 parcel. 8

‘‘(2) The Secretary shall seek to keep the bal-9

ances in the accounts described in subsection (f)(1) 10

low by using the funds in the accounts to acquire 11

parcels as soon as practicable. 12

‘‘(h) ACQUIRED LAND.— 13

‘‘(1) FORESTRY EMPHASIS AREAS.—Any land 14

or interest in land acquired using funds from the 15

O&C Land—Forestry Emphasis Areas Acquisition 16

Account shall be administered by the Secretary in 17

accordance with section 103. 18

‘‘(2) CONSERVATION EMPHASIS AREAS.—Any 19

land or interest in land acquired using funds from 20

the O&C Land—Conservation Emphasis Areas Ac-21

quisition Account shall be administered by the Sec-22

retary in accordance with section 105. 23


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‘‘SEC. 118. CATEGORICAL EXCLUSIONS. 1

‘‘(a) IN GENERAL.—Except as provided in subsection 2

(c), the eligible activities described in subsection (b) that 3

are conducted on covered land in accordance with this sec-4

tion shall be— 5

‘‘(1) considered an action categorically excluded 6

from the requirements for an environmental assess-7

ment or an environmental impact statement under 8

the National Environmental Policy Act of 1969 (42 9

U.S.C. 4321 et seq.) or section 1508.4 of title 40, 10

Code of Federal Regulations (or a successor regula-11

tion); and 12

‘‘(2) exempt from administrative review. 13

‘‘(b) ELIGIBLE ACTIVITIES.—The eligible activities 14

referred to in subsection (a) consist of the following: 15

‘‘(1) The placement of trees and portions of 16

trees in streams to benefit fish species. 17

‘‘(2) The planting of riparian vegetation with 18

species of vegetation native to the State. 19

‘‘(3) The replacement of culverts that— 20

‘‘(A) impede fish passage; or 21

‘‘(B) are unable to withstand a 100-year 22

flood event. 23

‘‘(4) The removal of any road that— 24

‘‘(A) was not established by the Bureau of 25

Land Management; and 26


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‘‘(B) was established less than 20 years be-1

fore the date of removal of the road. 2

‘‘(c) EXCLUSION OF CERTAIN AREAS.—Subsection 3

(a) does not apply to eligible activities located in— 4

‘‘(1) a component of the National Wilderness 5

Preservation System; 6

‘‘(2) a wilderness study area; or 7

‘‘(3) an area in which activities described in 8

subsection (b) would be inconsistent with the appli-9

cable resource management plan. 10

‘‘SEC. 119. CLOSURE OR DECOMMISSIONING OF BUREAU OF 11

LAND MANAGEMENT ROADS. 12

‘‘(a) CLOSURE OR DECOMMISSIONING OF BLM 13

ROADS.— 14

‘‘(1) IN GENERAL.—The Secretary shall seek to 15

close or decommission nonessential roads on covered 16

land in a manner that, minimizes, to the maximum 17

extent practicable, the hydrologic impact of the clo-18

sure or decommissioning. 19

‘‘(2) PRIORITY.—In carrying out paragraph (1), 20

the Secretary shall prioritize nonessential roads for 21

closure or decommissioning, using the following cri-22

teria: 23


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‘‘(A) Nonessential roads that are most 1

likely to cause the greatest magnitude of envi-2

ronmental harm, including— 3

‘‘(i) roads located on steep slopes; 4

‘‘(ii) roads located in a manner that 5

cause, or are at a risk of causing, chronic 6

sedimentation, road failure, landslides, or 7

other environmental concerns (including 8

roads with high densities of stream cross-9

ings); 10

‘‘(iii) roads that pose public safety 11

concerns; or 12

‘‘(iv) roads that, if closed or decom-13

missioned, would significantly enhance wa-14

tershed function and wildlife habitat 15

through the restoration of large blocks of 16

habitat. 17

‘‘(B) The usage of the nonessential road 18

for administrative activities of the Bureau of 19

Land Management or by the public. 20

‘‘(C) The expenses necessary to complete 21

the closure or decommissioning of the non-22

essential road. 23

‘‘(b) LEGACY ROADS AND TRAILS PROGRAM.— 24


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‘‘(1) IN GENERAL.—The Secretary shall estab-1

lish a program to be known as the ‘Legacy Roads 2

and Trails’ program to provide— 3

‘‘(A) urgently needed road decommis-4

sioning, road and trail repair and maintenance 5

and associated activities, and removal of fish 6

passage barriers, especially in areas in which 7

roads may be contributing to water quality 8

problems in streams and water bodies that sup-9

port threatened, endangered, or sensitive spe-10

cies or community water sources; 11

‘‘(B) urgently needed road repairs required 12

due to recent storm events; or 13

‘‘(C) the decommissioning of unauthorized 14

roads that are not part of the transportation 15

system. 16

‘‘(2) PROJECT SELECTION.— 17


use public input in the selection of projects and 19

display its selection process on the website of 20

the Bureau of Land Management. 21

‘‘(B) PRIORITIES.—In selecting projects 22

under this subsection, the Secretary shall give 23

priority to— 24


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‘‘(i) decommissioning and repairing 1

roads and trails in environmentally sen-2

sitive areas; and 3

‘‘(ii) areas in which roads may be con-4

tributing to water quality problems in 5

streams and water bodies the support 6

threatened or endangered species, or spe-7

cies considered sensitive by the Secretary. 8

‘‘(3) REPORT TO CONGRESS.—Not later than 9

120 days after the end of each fiscal year, the Sec-10

retary shall submit to Congress a report on the sta-11

tus of the projects selected for completion in the fol-12

lowing 2 fiscal years. 13

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 14

There is authorized to be appropriated to carry out 15

this subsection $5,000,000 for each of fiscal years 16

2013 through 2023. 17

‘‘SEC. 120. SPECIAL MANAGEMENT AND RESEARCH AREAS. 18

‘‘(a) IN GENERAL.—The Secretary shall designate 19

50,000 acres across 2 to 5 sites in both moist forests and 20

dry forests to be comanaged by the Secretary and Oregon 21

State University as special management and research 22

areas in accordance with the criteria described in sub-23

section (b). 24


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‘‘(b) CRITERIA.—In designating land as special man-1

agement and research areas under subsection (a), the Sec-2

retary shall designate— 3

‘‘(1) 20 to 30 percent of land that is designated 4

as ‘Conservation Emphasis Areas’ on the maps de-5

scribed in section 102(a)(2); 6

‘‘(2) 70 to 80 percent of land that is designated 7

as ‘Forestry Emphasis Areas’ on the maps described 8

in section 102(a)(2); 9

‘‘(3) land, to the maximum extent practicable, 10

contiguous to other land designated under sub-11

section (a); 12

‘‘(4) land within close proximity of other land 13

designated under subsection (a); 14

‘‘(5) land located within 150 miles of the main 15

campus of Oregon State University in Corvallis, Or-16

egon; and 17

‘‘(6) selected in consultation with Oregon State 18

University. 19

‘‘(c) AUTHORIZED PROJECTS.—Land designated 20

under subsection (a) shall be used for the conducting by 21

institutions of higher education in the State of research 22

projects and demonstration projects that address— 23

‘‘(1) increasing social awareness and knowledge 24

of the environmental, social, and economic impacts 25


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on the implementation of ecological forestry on pub-1

lic land; 2

‘‘(2) improving the health of rural communities 3

and citizens; 4

‘‘(3) reducing catastrophic fires and the deg-5

radation of ecosystem health; 6

‘‘(4) increasing conservation with a landscape 7

approach; and 8

‘‘(5) understanding the riparian reserve ap-9

proaches authorized under this Act. 10

‘‘(d) MONITORING.—Work performed on land des-11

ignated under subsection (a) shall include— 12

‘‘(1) post-treatment monitoring of the effects of 13

the treatments on the land; and 14

‘‘(2) if practicable, monitoring of other projects 15

implemented under this Act, including monitoring 16

by— 17

‘‘(A) diverse stakeholders; 18

‘‘(B) collaborative groups; 19

‘‘(C) Federal agencies; and 20

‘‘(D) institutions of higher educations. 21

‘‘(e) INSTITUTIONS OF HIGHER EDUCATION.—At 22

least 10 percent of the authorized projects conducted an-23

nually under this section shall be conducted by an institu-24


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tion of higher education in the State other than Oregon 1

State University. 2

‘‘(f) MINIMUM ACREAGE.— 3

‘‘(1) IN GENERAL.—At least 3,750 acres of the 4

land designated under subsection (a) shall be treated 5

during each 5-year period. 6

‘‘(2) FAILURE TO TREAT.—If the minimum 7

acreage under paragraph (1) is not treated for two 8

5-year periods during a 20-year period, management 9

of the land designated under subsection (a) shall re-10

vert to traditional management status by the Sec-11

retary. 12

‘‘(g) REVIEW.—The Bureau of Land Management 13

State Director shall— 14

‘‘(1) review and decide whether to permit each 15

proposed treatment to be conducted as part of an 16

authorized project; and 17

‘‘(2) review for adequacy the paperwork re-18

quired to be prepared for each treatment. 19

‘‘(h) EFFECT.—Nothing in this section supersedes or 20

modifies any provision of Federal law not expressly super-21

seded or modified by this section. 22


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‘‘SEC. 121. COMPLIANCE. 1

‘‘(a) IN GENERAL.—The Secretary shall establish 2

guidelines to ensure that the following trees are not cut 3

in the covered area in violation of this Act: 4

‘‘(1) Nest trees. 5

‘‘(2) Trees equal to or greater than 250 years 6

of age measured at breast height. 7

‘‘(3) Old growth trees less than 250 years of 8

age measured at breast height. 9

‘‘(b) ISSUANCE OF PENALTY TO THE CON-10

TRACTOR.—If a contractor cuts a tree described in para-11

graph (1) or (2) of subsection (a), the contractor shall 12

make a payment to the Secretary equal to 3 times the 13

value of that tree, as determined under subsection (c). 14

‘‘(c) VALUATION.— 15

‘‘(1) IN GENERAL.—The stumpage value of the 16

1 or more trees described in paragraph (1) or (2) of 17

subsection (a) shall be used to calculate the amount 18

of the payment to be made under subsection (b) in 19

accordance with this subsection. 20

‘‘(2) VOLUME OF TREES CUT.—The volume of 21

the trees cut shall be calculated using— 22

‘‘(A) the Scribner Decimal C Log Rule; 23

and 24

‘‘(B) West-Side Scaling methods. 25

‘‘(3) STUMPAGE VALUE OF TREES.— 26


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‘‘(A) IN GENERAL.—The stumpage value 1

of the trees cut shall be determined using the 2

Log Price Report or other similar document 3

prepared regularly by the Oregon Department 4

of Forestry in accordance with this subsection. 5

‘‘(B) STUMPAGE VALUE.—The stumpage 6

value of the trees used shall be based on the av-7

erage price paid by mills on delivery for similar 8

trees harvested— 9

‘‘(i) in the same calendar year quarter 10

that the trees cut were discovered to be in 11

violation of this Act; and 12

‘‘(ii) in the same region of the State, 13

as determined by the Oregon Department 14

of Forestry. 15

‘‘(C) TRANSPORTATION COSTS.—The costs 16

of transporting the cut trees to a mill shall not 17

be considered when determining the value of the 18

trees under this subsection. 19

‘‘(d) PENALTY SYSTEM.— 20

‘‘(1) IN GENERAL.—Subject to paragraph (2), 21

not later than 180 days after the date of enactment 22

of the Oregon and California Land Grant Act of 23

2013, the Secretary shall establish a penalty system 24

designed to deter contractors from cutting trees in 25


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the covered area, in violation of this Act, that are 1

between the ages of 150 and 250 measured at breast 2

height. 3

‘‘(2) RESTRICTIONS.— 4

‘‘(A) IN GENERAL.—The penalty system 5

under paragraph (1) shall allow for some de 6

minimis quantity of trees described in that 7

paragraph, as determined by the Secretary, to 8

be determined to be trees cut in error and not 9

subject to penalty. 10

‘‘(B) MODIFICATION OF PENALTY SYS-11

TEM.—If the quantity of trees described in 12

paragraph (1) that are cut by a contractor is 13

greater than twice the de minimis quantity es-14

tablished by the Secretary, the Secretary shall, 15

after public notice and opportunity to comment 16

for a period of 30 days, revise the penalty sys-17

tem accordingly. 18

‘‘SEC. 122. REVIEW BY ADVISORY PANEL. 19

‘‘(a) IN GENERAL.—Not later than 10 years after the 20

date of enactment of the Oregon and California Land 21

Grant Act of 2013 and every 10 years thereafter, the Sec-22

retary shall convene a scientific and technical advisory 23

panel of scientists that are not permanent employees of 24

the Bureau of Land Management to perform a com-25


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prehensive scientific and managerial review on whether the 1

provisions of this Act have been implemented in a manner 2

that results in robust timber harvests and maintains envi-3

ronmental values, including— 4

‘‘(1) the effect on forest health; 5

‘‘(2) the effect on watershed health; 6

‘‘(3) impacts to early and late successional 7

habitat; and 8

‘‘(4) the effectiveness of the riparian reserves. 9

‘‘(b) REPORT.—Not later than 180 days after the 10

date on which a panel is convened under subsection (a), 11

the panel shall submit to Congress a report that includes 12

recommendations with respect to the implementation of 13

this Act, including recommendations for any additional 14

legislation needed to implement this Act. 15

‘‘SEC. 123. TRANSITION. 16

‘‘(a) IN GENERAL.—During the period beginning on 17

the date of enactment of the Oregon and California Land 18

Grant Act of 2013 and ending 90 days after the date the 19

record of decision is completed under section 104, a transi-20

tion period (referred to in this section as the ‘transition 21

period’) shall be in effect in accordance with this section. 22

‘‘(b) MANAGEMENT.— 23

‘‘(1) IN GENERAL.—Except as provided in para-24

graph (2), during the transition period, the Sec-25


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retary shall manage the covered land, including con-1

tinuing to plan timber sales and restoration projects, 2

in accordance with the designations, allocation, and 3

requirements of this Act. 4

‘‘(2) PENDING TIMBER SALES.—Timber sales 5

for which an environmental impact statement, envi-6

ronmental assessment, or categorical exclusion docu-7

mentation required under the National Environ-8

mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 9

has been completed or will be completed during the 10

60-day period beginning on the date of enactment of 11

the Oregon and California Land Grant Act of 2013 12

shall proceed in accordance with the terms of the 13

sales. 14

‘‘(c) SPECIAL ADMINISTRATIVE REVIEW PROCESS.— 15

The procedures established under section 105 of the 16

Healthy Forests Restoration Act of 2003 (16 U.S.C. 17

6515) shall be the only process to administratively chal-18

lenge projects during the transition period. 19

‘‘(d) EXISTING CONTRACTS.— 20

‘‘(1) IN GENERAL.—Any work or timber con-21

tract sold or awarded by the Secretary on or with 22

respect to covered land before the date of enactment 23

of the Oregon and California Land Grant Act of 24


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2013 shall remain binding and effective according to 1

the terms of the contract. 2

‘‘(2) ADMINISTRATION.—The Secretary shall 3

seek to make such accommodations as are necessary 4

to avoid interfering with the performance of a con-5

tract described in paragraph (1). 6

‘‘(e) EXISTING ACCESS RIGHTS.— 7

‘‘(1) IN GENERAL.—During the transition pe-8

riod, the Secretary shall preserve all rights of access 9

and use of covered land (including reciprocal rights- 10

of-way agreements, tail hold agreements, or other 11

right-of-way or easement obligations) existing on the 12

date of enactment of the Oregon and California 13

Land Grant Act of 2013. 14

‘‘(2) ADMINISTRATION.—Rights described in 15

paragraph (1) shall remain applicable to covered 16

land in the same manner and to the same extent as 17

the rights applied before the date of enactment of 18

the Oregon and California Land Grant Act of 2013. 19

‘‘SEC. 124. EFFECT. 20

‘‘Nothing in this Act affects any private ownership 21

or rights, including rights-of-way and tribal treaty rights, 22

or terminates any valid lease, permit, patent, or other 23

right of authorization existing on the date of enactment 24


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of the Oregon and California Land Grant Act of 2013 with 1

regard to covered land.’’. 2

SEC. 102. DISTRIBUTION OF FUNDS. 3

(a) IN GENERAL.—Title II of the Oregon and Cali-4

fornia Land Grant Act (43 U.S.C. 1181f) is amended to 5

read as follows: 6

‘‘TITLE II—DISTRIBUTION OF 7

FUNDS 8

‘‘SEC. 201. DISTRIBUTION OF FUNDS. 9

‘‘(a) FUND.—Effective for fiscal year 2014 and each 10

fiscal year thereafter, all funds deposited in the Treasury 11

in the special fund designated the ‘Oregon and California 12

Railroad Land-Grant Fund’ shall be distributed annually 13

in accordance with this section. 14

‘‘(b) GENERAL FUND.—Subject to subsection 15

(d)(4)(C), as soon as practicable after the end of each fis-16

cal year described in subsection (a), $4,000,000 of all 17

amounts received for the applicable fiscal year by the Sec-18

retary from the covered land shall be transferred to the 19

general fund of the Treasury. 20

‘‘(c) ADMINISTRATIVE COSTS.— 21

‘‘(1) IN GENERAL.—Subject to paragraph (2) 22

and subsection (d)(4)(C), all amounts received for 23

the applicable fiscal year by the Secretary from the 24

covered land shall be used to pay for the manage-25


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ment and administrative expenses for, and capital 1

improvement costs on, covered land. 2

‘‘(2) LIMITATIONS.—The amount of revenue 3

that is used to pay for expenses and costs for a fis-4

cal year under paragraph (1) shall not exceed— 5

‘‘(A) 25 percent of all amounts received for 6

the applicable fiscal year by the Secretary from 7

the covered land during the fiscal year; or 8

‘‘(B) $20,000,000. 9

‘‘(d) PAYMENTS TO COUNTIES.— 10

‘‘(1) IN GENERAL.—All amounts received for 11

the applicable fiscal year by the Secretary from the 12

covered land during a fiscal year that is in excess of 13

the amount necessary to carry out subsections (b) 14

and (c) shall be provided to the counties that con-15

tain covered land (referred to in this subsection as 16

a ‘covered county’) in the form of annual payments. 17

‘‘(2) TIMING.—Payments shall be made avail-18

able to covered counties under this subsection as 19

soon as practicable following the end of each fiscal 20

year. 21

‘‘(3) OTHER COUNTY FUNDS.—Payments made 22

to covered counties under this subsection shall be 23

used as other county funds. 24

‘‘(4) AMOUNT.— 25


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‘‘(A) IN GENERAL.—Subject to subpara-1

graphs (B) and (C), for each fiscal year de-2

scribed in subsection (a), the amount of pay-3

ments allocated under this subsection to each 4

covered county for a fiscal year shall be equal 5

to the ratio that— 6

‘‘(i) the assessed value of covered land 7

in the covered county for fiscal year 1915; 8

bears to 9

‘‘(ii) the assessed value of covered 10

land in all covered counties for fiscal year 11

1915. 12

‘‘(B) NONASSESSED LAND.—For purposes 13

of subparagraph (A), the portion of the covered 14

lands in each of the covered counties that was 15

not assessed for fiscal year 1915 shall be con-16

sidered to have been assessed at the average as-17

sessed value of the covered land in the covered 18

county. 19

‘‘(C) MINIMUM AMOUNT.— 20

‘‘(i) IN GENERAL.—Subject to clauses 21

(ii) and (iii), the annual payment paid to 22

a covered county under this subsection, to 23

the extent practicable, shall not be less 24

than the payment that the covered county 25


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would have received solely under this Act 1

for fiscal year 2013 if the covered county 2

had elected to receive payment under this 3

Act and not under any other law. 4

‘‘(ii) USE OF GENERAL FUND 5

SHARE.—If the portion of revenues to be 6

provided to a covered county for a fiscal 7

year is less than the amount described in 8

clause (i), the payment made to the Treas-9

ury for the fiscal year under subsection (b) 10

shall be reduced by an amount necessary 11

to provide the minimum payments required 12

under clause (i) for the covered county. 13

‘‘(iii) USE OF ADMINISTRATIVE COSTS 14

SHARE.—If the minimum payments re-15

quired under clause (i) could not be made 16

to all covered counties after the payment 17

made to the Treasury is reduced under 18

clause (ii), the payment made for adminis-19

trative expenses for the fiscal year under 20

subsection (c) shall be reduced by an 21

amount necessary to provide the minimum 22

payments required under clause (i) for all 23

covered counties.’’. 24


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(b) EFFECTIVE DATE.—The amendment made by 1

subsection (a) takes effect on October 1, 2013. 2

SEC. 103. WILD AND SCENIC RIVER DESIGNATIONS. 3

(a) IN GENERAL.—Section 3(a) of the Wild and Sce-4

nic Rivers Act (16 U.S.C. 1274(a)) is amended by adding 5

at the end the following: 6

‘‘(208) NESTUCCA RIVER, OREGON.—The ap-7

proximately 15-mile segment from its confluence 8

with Ginger Creek downstream until it crosses T. 4 9

S., R. 7 W., sec. 7, Willamette Meridian, to be ad-10

ministered by the Secretary of the Interior as a rec-11

reational river. 12

‘‘(209) WALKER CREEK, OREGON.—The ap-13

proximately 3-mile segment from the headwaters in 14

T. 3 S., R. 6 W., sec. 20 downstream to the con-15

fluence with the Nestucca River in T. 3 S., R. 6 W., 16

sec. 15, Willamette Meridian, to be administered by 17

the Secretary of the Interior as a recreational river. 18

‘‘(210) NORTH FORK SILVER CREEK, OR-19

EGON.—The approximately 6-mile segment from the 20

headwaters in T. 35 S., R. 9 W., sec. 1 downstream 21

to the edge of the Bureau of Land Management 22

boundary in T. 35 S., R. 9 W., sec. 17, Willamette 23

Meridian, to be administered by the Secretary of the 24

Interior as a recreational river. 25


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‘‘(211) JENNY CREEK, OREGON.—The approxi-1

mately 20-mile segment from the Bureau of Land 2

Management boundary located at the north bound-3

ary of the southwest quarter of the southeast quar-4

ter of T. 38 S., R. 4 E., sec. 34, Willamette Merid-5

ian, downstream to the Oregon State border, to be 6

administered by the Secretary of the Interior as a 7

scenic river. 8

‘‘(212) SPRING CREEK, OREGON.—The approxi-9

mately 1-mile segment from its source at Shoat 10

Springs in T. 40 S., R. 4 E., sec. 34, Willamette 11

Meridian, downstream to the confluence with Jenny 12

Creek in T. 41 S., R. 4 E., sec. 3, Willamette Merid-13

ian, to be administered by the Secretary of the Inte-14

rior as a scenic river. 15

‘‘(213) LOBSTER CREEK, OREGON.—The ap-16

proximately 6-mile segment from T. 15 S., R. 8 W., 17

sec. 35, Willamette Meridian, downstream to the 18

edge of the Bureau of Land Management boundary 19

in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, 20

to be administered by the Secretary of the Interior 21

as a recreational river.’’. 22

(b) WITHDRAWAL.—Subject to valid existing rights, 23

the Federal land within the boundaries of the river seg-24

ments designated by paragraphs (208) through (213) of 25


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section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1

1274(a)) is withdrawn from all forms of— 2

(1) entry, appropriation, or disposal under the 3

public land laws; 4

(2) location, entry, and patent under the mining 5

laws; and 6

(3) disposition under all laws relating to min-7

eral and geothermal leasing or mineral materials. 8

TITLE II—TRIBAL LAND 9

Subtitle A—Oregon Coastal Land 10

Conveyance 11

SEC. 201. DEFINITIONS. 12

In this subtitle: 13

(1) FEDERAL LAND.—The term ‘‘Federal land’’ 14

means the approximately 14,804 acres of Federal 15

land, as generally depicted on the map entitled ‘‘Or-16

egon Coastal Land Conveyance’’, and dated March 17

27, 2013. 18

(2) PLANNING AREA.—The term ‘‘planning 19

area’’ means land— 20

(A) administered by the Director of the 21

Bureau of Land Management; and 22

(B) located in— 23

(i) the Coos Bay District; 24

(ii) the Eugene District; 25


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(iii) the Medford District; 1

(iv) the Roseburg District; 2

(v) the Salem District; and 3

(vi) the Klamath Falls Resource Area 4

of the Lakeview District. 5

(3) PUBLIC DOMAIN LAND.— 6

(A) IN GENERAL.—The term ‘‘public do-7

main land’’ has the meaning given the term 8

‘‘public lands’’ in section 103 of the Federal 9

Land Policy and Management Act of 1976 (43 10

U.S.C. 1702). 11

(B) EXCLUSION.—The term ‘‘public do-12

main land’’ does not include any land managed 13

in accordance with the Act of August 28, 1937 14

(43 U.S.C. 1181a et seq.). 15

(4) SECRETARY.—The term ‘‘Secretary’’ means 16

the Secretary of the Interior. 17

(5) TRIBE.—The term ‘‘Tribe’’ means the Con-18

federated Tribes of Coos, Lower Umpqua, and 19

Siuslaw Indians. 20

SEC. 202. CONVEYANCE. 21

(a) IN GENERAL.—Subject to valid existing rights, 22

including rights-of-way, all right, title, and interest of the 23

United States in and to the Federal land, including any 24

improvements located on the Federal land, appurtenances 25


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to the Federal land, and minerals on or in the Federal 1

land, including oil and gas, shall be— 2

(1) held in trust by the United States for the 3

benefit of the Tribe; and 4

(2) part of the reservation of the Tribe. 5

(b) SURVEY.—Not later than 180 days after the date 6

of enactment of this Act, the Secretary shall complete a 7

survey of the boundary lines to establish the boundaries 8

of the land taken into trust under subsection (a). 9

SEC. 203. MAP AND LEGAL DESCRIPTION. 10

(a) IN GENERAL.—As soon as practicable after the 11

date of enactment of this Act, the Secretary shall file a 12

map and legal description of the Federal land with— 13

(1) the Committee on Energy and Natural Re-14

sources of the Senate; and 15

(2) the Committee on Natural Resources of the 16

House of Representatives. 17

(b) FORCE AND EFFECT.—The map and legal de-18

scription filed under subsection (a) shall have the same 19

force and effect as if included in this subtitle, except that 20

the Secretary may correct any clerical or typographical er-21

rors in the map or legal description. 22

(c) PUBLIC AVAILABILITY.—The map and legal de-23

scription filed under subsection (a) shall be on file and 24


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available for public inspection in the Office of the Sec-1

retary. 2

SEC. 204. ADMINISTRATION. 3

(a) IN GENERAL.—Unless expressly provided in this 4

subtitle, nothing in this subtitle affects any right or claim 5

of the Tribe existing on the date of enactment of this Act 6

to any land or interest in land. 7

(b) PROHIBITIONS.— 8

(1) EXPORTS OF UNPROCESSED LOGS.—Fed-9

eral law (including regulations) relating to the ex-10

port of unprocessed logs harvested from Federal 11

land shall apply to any unprocessed logs that are 12

harvested from the Federal land. 13

(2) NON-PERMISSIBLE USE OF LAND.—Any real 14

property taken into trust under section 202 shall not 15

be eligible, or used, for any gaming activity carried 16

out under Public Law 100–497 (25 U.S.C. 2701 et 17

seq.). 18

SEC. 205. FOREST MANAGEMENT. 19

Any commercial forestry activity that is carried out 20

on the Federal land shall be managed in accordance with 21

all applicable Federal laws. 22

SEC. 206. LAND RECLASSIFICATION. 23

(a) IDENTIFICATION OF OREGON AND CALIFORNIA 24

RAILROAD GRANT LAND.—Not later than 180 days after 25


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the date of enactment of this Act, the Secretary of Agri-1

culture and the Secretary shall identify any Oregon and 2

California Railroad grant land that is conveyed under sec-3

tion 202. 4

(b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 5

Not later than 18 months after the date of enactment of 6

this Act, the Secretary shall identify public domain land 7

that— 8

(1) is approximately equal in acreage and con-9

dition as the land identified under subsection (a); 10

and 11

(2) is located within the planning area. 12

(c) MAPS.—Not later than 2 years after the date of 13

enactment of this Act, the Secretary shall submit to Con-14

gress and publish in the Federal Register 1 or more maps 15

depicting the land identified in subsections (a) and (b). 16

(d) RECLASSIFICATION.— 17

(1) IN GENERAL.—After providing an oppor-18

tunity for public comment, the Secretary shall re-19

classify the land identified in subsection (b) as Or-20

egon and California Railroad grant land. 21

(2) APPLICABILITY.—The Act of August 28, 22

1937 (43 U.S.C. 1181a et seq.), shall apply to land 23

reclassified as Oregon and California Railroad grant 24

land under paragraph (1). 25


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Subtitle B—Canyon Mountain Land 1

Conveyance 2


In this subtitle: 4

(1) FEDERAL LAND.—The term ‘‘Federal land’’ 5

means the approximately 17,826 acres of Federal 6

land, as generally depicted on the map entitled 7

‘‘Canyon Mountain Land Conveyance’’, and dated 8

June 27, 2013. 9

(2) PLANNING AREA.—The term ‘‘planning 10

area’’ means land— 11

(A) administered by the Director of the 12

Bureau of Land Management; and 13

(B) located in— 14

(i) the Coos Bay District; 15

(ii) the Eugene District; 16

(iii) the Medford District; 17

(iv) the Roseburg District; 18

(v) the Salem District; and 19

(vi) the Klamath Falls Resource Area 20

of the Lakeview District. 21

(3) PUBLIC DOMAIN LAND.— 22

(A) IN GENERAL.—The term ‘‘public do-23

main land’’ has the meaning given the term 24

‘‘public lands’’ in section 103 of the Federal 25


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Land Policy and Management Act of 1976 (43 1

U.S.C. 1702). 2

(B) EXCLUSION.—The term ‘‘public do-3

main land’’ does not include any land managed 4

in accordance with the Act of August 28, 1937 5

(43 U.S.C. 1181a et seq.). 6

(4) SECRETARY.—The term ‘‘Secretary’’ means 7

the Secretary of the Interior. 8

(5) TRIBE.—The term ‘‘Tribe’’ means the Cow 9

Creek Band of Umpqua Tribe of Indians. 10

SEC. 212. CONVEYANCE. 11

(a) IN GENERAL.—Subject to valid existing rights, 12

including rights-of-way, all right, title, and interest of the 13

United States in and to the Federal land, including any 14

improvements located on the Federal land, appurtenances 15

to the Federal land, and minerals on or in the Federal 16

land, including oil and gas, shall be— 17

(1) held in trust by the United States for the 18

benefit of the Tribe; and 19

(2) part of the reservation of the Tribe. 20

(b) SURVEY.—Not later than 180 days after the date 21

of enactment of this Act, the Secretary shall complete a 22

survey of the boundary lines to establish the boundaries 23

of the land taken into trust under subsection (a). 24


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SEC. 213. MAP AND LEGAL DESCRIPTION. 1

(a) IN GENERAL.—As soon as practicable after the 2

date of enactment of this Act, the Secretary shall file a 3

map and legal description of the Federal land with— 4

(1) the Committee on Energy and Natural Re-5

sources of the Senate; and 6

(2) the Committee on Natural Resources of the 7

House of Representatives. 8

(b) FORCE AND EFFECT.—The map and legal de-9

scription filed under subsection (a) shall have the same 10

force and effect as if included in this subtitle except that 11

the Secretary may correct any clerical or typographical er-12

rors in the map or legal description. 13

(c) PUBLIC AVAILABILITY.—The map and legal de-14

scription filed under subsection (a) shall be on file and 15

available for public inspection in the Office of the Sec-16

retary. 17

SEC. 214. ADMINISTRATION. 18

(a) IN GENERAL.—Unless expressly provided in this 19

subtitle, nothing in this subtitle affects any right or claim 20

of the Tribe existing on the date of enactment of this Act 21

to any land or interest in land. 22

(b) PROHIBITIONS.— 23

(1) EXPORTS OF UNPROCESSED LOGS.—Fed-24

eral law (including regulations) relating to the ex-25

port of unprocessed logs harvested from Federal 26


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land shall apply to any unprocessed logs that are 1

harvested from the Federal land. 2

(2) NON-PERMISSIBLE USE OF LAND.—Any real 3

property taken into trust under section 212 shall not 4

be eligible, or used, for any gaming activity carried 5

out under Public Law 100–497 (25 U.S.C. 2701 et 6

seq.). 7

SEC. 215. FOREST MANAGEMENT. 8

Any commercial forestry activity that is carried out 9

on the Federal land shall be managed in accordance with 10

all applicable Federal laws. 11

SEC. 216. LAND RECLASSIFICATION. 12

(a) IDENTIFICATION OF OREGON AND CALIFORNIA 13

RAILROAD GRANT LAND.—Not later than 180 days after 14

the date of enactment of this Act, the Secretary of Agri-15

culture and the Secretary shall identify any Oregon and 16

California Railroad grant land that is conveyed under sec-17

tion 212. 18

(b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 19

Not later than 18 months after the date of enactment of 20

this Act, the Secretary shall identify public domain land 21

that— 22

(1) is approximately equal in acreage and con-23

dition as the land identified under subsection (a); 24

and 25


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(2) is located within the planning area. 1

(c) MAPS.—Not later than 2 years after the date of 2

enactment of this Act, the Secretary shall submit to Con-3

gress and publish in the Federal Register 1 or more maps 4

depicting the land identified in subsections (a) and (b). 5

(d) RECLASSIFICATION.— 6

(1) IN GENERAL.—After providing an oppor-7

tunity for public comment, the Secretary shall re-8

classify the land identified in subsection (b) as Or-9

egon and California Railroad grant land. 10

(2) APPLICABILITY.—The Act of August 28, 11

1937 (43 U.S.C. 1181a et seq.), shall apply to land 12

reclassified as Oregon and California Railroad grant 13

land under paragraph (1). 14

Subtitle C—Amendments to 15

Coquille Restoration Act 16

SEC. 221. AMENDMENTS TO COQUILLE RESTORATION ACT. 17

Section 5(d) of the Coquille Restoration Act (25 18

U.S.C. 715c(d)) is amended— 19

(1) by striking paragraph (5) and inserting the 20

following: 21

‘‘(5) MANAGEMENT.— 22

‘‘(A) IN GENERAL.—Subject to subpara-23

graph (B), the Secretary of the Interior, acting 24


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through the Assistant Secretary for Indian Af-1

fairs, shall— 2

‘‘(i) manage the Coquille Forest in ac-3

cordance with the laws pertaining to the 4

management of Indian trust land; and 5

‘‘(ii) distribute revenues in accordance 6

with the National Indian Forest Resources 7

Management Act (25 U.S.C. 3101 et seq.). 8

‘‘(B) ADMINISTRATION.— 9

‘‘(i) UNPROCESSED LOGS.—Unproc-10

essed logs harvested from the Coquille For-11

est shall be subject to the same Federal 12

statutory restrictions on export to foreign 13

nations that apply to unprocessed logs har-14

vested from Federal land. 15

‘‘(ii) SALES OF TIMBER.—Notwith-16

standing any other provision of law, all 17

sales of timber from land subject to this 18

subsection shall be advertised, offered, and 19

awarded according to competitive bidding 20

practices, with sales being awarded to the 21

highest responsible bidder.’’; 22

(2) by striking paragraph (9); and 23

(3) by redesignating paragraphs (10) through 24

(12) as paragraphs (9) through (11), respectively. 25


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TITLE III—OREGON TREASURES 1

Subtitle A—Wild Rogue Wilderness 2

Area 3

SEC. 301. WILD ROGUE WILDERNESS AREA. 4

(a) DEFINITIONS.—In this section: 5

(1) COMMISSION.—The term ‘‘Commission’’ 6

means the Federal Energy Regulatory Commission. 7

(2) MAP.—The term ‘‘map’’ means the map en-8

titled ‘‘Wild Rogue Wilderness Additions’’ and dated 9

June 12, 2013. 10

(3) SECRETARY.—The term ‘‘Secretary’’ 11

means— 12

(A) the Secretary of the Interior, with re-13

spect to public land administered by the Sec-14

retary of the Interior; or 15

(B) the Secretary of Agriculture, with re-16

spect to National Forest System land. 17

(4) WILDERNESS ADDITIONS.—The term ‘‘Wil-18

derness additions’’ means the land added to the Wild 19

Rogue Wilderness under subsection (b)(1). 20

(b) EXPANSION OF WILD ROGUE WILDERNESS 21

AREA.— 22

(1) EXPANSION.—The approximately 56,100 23

acres of Federal land in the State of Oregon gen-24

erally depicted on the map as ‘‘BLM Proposed Wil-25


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derness’’ and ‘‘Proposed USFS Wilderness’’ shall be 1

added to and administered as part of the Wild 2

Rogue Wilderness in accordance with Public Law 3

95–237 (16 U.S.C. 1132 note; 92 Stat. 43), except 4

that— 5

(A) the Secretary of the Interior and the 6

Secretary of Agriculture shall administer the 7

Federal land under their respective jurisdiction; 8

and 9

(B) any reference in that Act to the Sec-10

retary of Agriculture shall be considered to be 11

a reference to the Secretary of Agriculture or 12

the Secretary of the Interior, as applicable. 13

(2) MAP; LEGAL DESCRIPTION.— 14

(A) IN GENERAL.—As soon as practicable 15

after the date of enactment of this Act, the Sec-16

retary shall prepare a map and legal description 17

of the wilderness area designated by paragraph 18

(1). 19

(B) FORCE OF LAW.—The map and legal 20

description filed under subparagraph (A) shall 21

have the same force and effect as if included in 22

this section, except that the Secretary may cor-23

rect typographical errors in the map and legal 24

description. 25


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(C) PUBLIC AVAILABILITY.—The map and 1

legal description filed under subparagraph (A) 2

shall be on file and available for public inspec-3

tion in the appropriate offices of the Bureau of 4

Land Management and Forest Service. 5

(3) CORRECTION.—Section 3(b) of the Endan-6

gered American Wilderness Act of 1978 (16 U.S.C. 7

1132 note; Public Law 95–237; 92 Stat. 43) is 8

amended by striking ‘‘3(a)(5)’’ and inserting 9

‘‘3(a)(5)(A)’’. 10

(4) WITHDRAWAL.—Subject to valid existing 11

rights, the Wilderness additions are withdrawn from 12

all forms of— 13

(A) entry, appropriation, or disposal under 14

the public land laws; 15

(B) location, entry, and patent under the 16

mining laws; and 17

(C) disposition under all laws pertaining to 18

mineral and geothermal leasing or mineral ma-19

terials. 20

(5) TRIBAL RIGHTS.—Nothing in this sub-21

section alters, modifies, enlarges, diminishes, or ab-22

rogates the treaty rights of any Indian tribe. 23

(c) POTENTIAL ADDITION TO WILDERNESS AREA.— 24


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(1) DESIGNATION.—Subject to paragraph (3) 1

and in furtherance of the purposes of the Wilderness 2

Act (16 U.S.C. 1131 et seq.), certain public land in 3

the State of Oregon administered by the Secretary 4

of the Interior, compromising approximately 600 5

acres, as generally depicted on the map as ‘‘Poten-6

tial Wilderness’’, shall be added to and administered 7

as part of the Wild Rogue Wilderness. 8

(2) INTERIM MANAGEMENT.—Subject to valid 9

existing rights, the Secretary shall manage the land 10

described in paragraph (1) to protect its suitability 11

for designation as wilderness until the date on which 12

the land is designated as wilderness in accordance 13

with paragraph (3). 14

(3) WILDERNESS DESIGNATION.— 15

(A) IN GENERAL.—The land described in 16

paragraph (1) shall be designated as wilderness 17

and added to and administered as part of the 18

Wild Rogue Wilderness on the date on which 19

the Secretary publishes in the Federal Register 20

notice that the conditions in the potential wil-21

derness area that are incompatible with the 22

Wilderness Act (16 U.S.C. 1131 et seq.) have 23

been removed. 24


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(B) ADMINISTRATION.—On designation as 1

wilderness under paragraph (1), the land de-2

scribed in that paragraph shall be administered 3

in accordance with this Act, the Wilderness Act 4

(16 U.S.C. 1131 et seq.), and Public Law 95– 5

237 (16 U.S.C. 1132 note; 92 Stat. 40). 6


rights, the land described in paragraph (1) is with-8

drawn from all forms of— 9




mining laws; and 13



terials. 16

(d) WITHDRAWAL AREA PROTECTIONS.— 17

(1) IN GENERAL.—The Secretary shall manage 18

the Federal land described in paragraph (2) in a 19

manner that preserves the natural and primitive 20

character of the land for recreational, scenic, and 21

scientific use. 22

(2) DESCRIPTION OF THE LAND.—The Federal 23

land referred to in paragraph (1) is the approxi-24


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mately 4,000 acres generally depicted on the map as 1

‘‘Withdrawal Area’’. 2

(3) MAPS AND LEGAL DESCRIPTIONS.— 3

(A) IN GENERAL.—As soon as practicable 4

after the date of enactment of this Act, the Sec-5

retary shall prepare a map and legal description 6

of the land described in paragraph (2). 7

(B) FORCE OF LAW.—The map and legal 8

description filed under subparagraph (A) shall 9

have the same force and effect as if included in 10

this section, except that the Secretary may cor-11

rect typographical errors in the map and legal 12

description. 13

(C) PUBLIC AVAILABILITY.—The map and 14

legal description filed under subparagraph (A) 15

shall be on file and available for public inspec-16

tion in the appropriate offices of the Bureau of 17

Land Management. 18

(4) USE OF LAND.— 19

(A) IN GENERAL.—Subject to valid exist-20

ing rights, with respect to the Federal land de-21

scribed in paragraph (2), the Secretary shall 22

only allow uses that are consistent with the pur-23

poses described in paragraph (1). 24


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(B) PROHIBITED USES.—The following 1

shall be prohibited on the Federal land de-2

scribed in paragraph (2): 3

(i) Permanent roads. 4

(ii) Commercial enterprises. 5

(iii) Except as necessary to meet the 6

minimum requirements for the administra-7

tion of the Federal land and to protect 8

public health and safety— 9

(I) the use of motor vehicles; or 10

(II) the establishment of tem-11

porary roads. 12


rights, the Federal land described in paragraph (2) 14

is withdrawn from— 15

(A) all forms of entry, appropriation, or 16

disposal under the public land laws; 17


mining laws; and 19

(C) disposition under all laws relating to 20


terials. 22

(e) WILD AND SCENIC RIVER DESIGNATIONS, ROGUE 23

RIVER AREA.— 24


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(1) AMENDMENTS.—Section 3(a) of the Wild 1

and Scenic Rivers Act (16 U.S.C. 1274(a)) is 2

amended by striking paragraph (5) and inserting the 3

following: 4

‘‘(5) ROGUE, OREGON.— 5

‘‘(A) IN GENERAL.—The segment of the 6

river extending from the mouth of the Apple-7

gate River downstream to the Lobster Creek 8

Bridge, to be administered by the Secretary of 9

the Interior or the Secretary of Agriculture, as 10

agreed to by the Secretaries of the Interior and 11

Agriculture or as directed by the President. 12

‘‘(B) ADDITIONS.—In addition to the seg-13

ment described in subparagraph (A), there are 14

designated the following segments in the Rogue 15

River: 16

‘‘(i) KELSEY CREEK.—The approxi-17

mately 4.8-mile segment of Kelsey Creek 18

from the east section line of T. 32 S., R. 19

9 W., sec. 34, Willamette Meridian, to the 20

confluence with the Rogue River, as a wild 21

river. 22

‘‘(ii) EAST FORK KELSEY CREEK.— 23

The approximately 4.6-mile segment of 24

East Fork Kelsey Creek from the Wild 25


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Rogue Wilderness boundary in T. 33 S., R. 1


confluence with Kelsey Creek, as a wild 3

river. 4

‘‘(iii) WHISKY CREEK.— 5

‘‘(I) RECREATIONAL RIVER.— 6

The approximately 0.6-mile segment 7

of Whisky Creek from the confluence 8

of the East Fork and West Fork to 9

0.1 miles downstream from road 33-8- 10

23, as a recreational river. 11

‘‘(II) WILD RIVER.—The ap-12

proximately 1.9-mile segment of Whis-13

ky Creek from 0.1 miles downstream 14

from road 33-8-23 to the confluence 15

with the Rogue River, as a wild river. 16

‘‘(iv) EAST FORK WHISKY CREEK.— 17

‘‘(I) WILD RIVER.—The approxi-18

mately 2.6-mile segment of East Fork 19

Whisky Creek from the Wild Rogue 20

Wilderness boundary in T. 33 S., R. 21

8 W., sec. 11, Willamette Meridian., 22

to 0.1 miles downstream of road 33- 23

8-26 crossing, as a wild river. 24


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‘‘(II) RECREATIONAL RIVER.— 1

The approximately 0.3-mile segment 2

of East Fork Whisky Creek from 0.1 3

miles downstream of road 33-8-26 to 4

the confluence with Whisky Creek, as 5

a recreational river. 6

‘‘(v) WEST FORK WHISKY CREEK.— 7

The approximately 4.8-mile segment of 8

West Fork Whisky Creek from its head-9

waters to the confluence with Whisky 10

Creek, as a wild river. 11

‘‘(vi) BIG WINDY CREEK.— 12

‘‘(I) SCENIC RIVER.—The ap-13

proximately 1.5-mile segment of Big 14

Windy Creek from its headwaters to 15

0.1 miles downstream from road 34-9- 16

17.1, as a scenic river. 17


proximately 5.8-mile segment of Big 19

Windy Creek from 0.1 miles down-20

stream from road 34-9-17.1 to the 21

confluence with the Rogue River, as a 22

wild river. 23

‘‘(vii) EAST FORK BIG WINDY 24

CREEK.— 25


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proximately 0.2-mile segment of East 2

Fork Big Windy Creek from its head-3

waters to 0.1 miles downstream from 4

road 34-8-36, as a scenic river. 5


proximately 3.7-mile segment of East 7

Fork Big Windy Creek from 0.1 miles 8

downstream from road 34-8-36 to the 9

confluence with Big Windy Creek, as 10

a wild river. 11

‘‘(viii) LITTLE WINDY CREEK.—The 12

approximately 1.9-mile segment of Little 13

Windy Creek from 0.1 miles downstream 14

of road 34-8-36 to the confluence with the 15

Rogue River, as a wild river. 16

‘‘(ix) HOWARD CREEK.— 17


proximately 0.3-mile segment of How-19

ard Creek from its headwaters to 0.1 20

miles downstream of road 34-9-34, as 21

a scenic river. 22


proximately 6.9-mile segment of How-24

ard Creek from 0.1 miles downstream 25


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of road 34-9-34 to the confluence with 1

the Rogue River, as a wild river. 2

‘‘(x) MULE CREEK.—The approxi-3

mately 6.3-mile segment of Mule Creek 4

from the east section line of T. 32 S., R. 5


confluence with the Rogue River, as a wild 7

river. 8

‘‘(xi) ANNA CREEK.—The approxi-9

mately 3.5-mile segment of Anna Creek 10

from its headwaters to the confluence with 11

Howard Creek, as a wild river. 12

‘‘(xii) MISSOURI CREEK.—The ap-13

proximately 1.6-mile segment of Missouri 14

Creek from the Wild Rogue Wilderness 15

boundary in T. 33 S., R. 10 W., sec. 24, 16

Willamette Meridian, to the confluence 17


‘‘(xiii) JENNY CREEK.—The approxi-19

mately 1.8-mile segment of Jenny Creek 20

from the Wild Rogue Wilderness boundary 21

in T. 33 S., R. 9 W., sec.28, Willamette 22

Meridian, to the confluence with the Rogue 23

River, as a wild river. 24


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‘‘(xiv) RUM CREEK.—The approxi-1

mately 2.2-mile segment of Rum Creek 2


in T. 34 S., R. 8 W., sec. 9, Willamette 4



‘‘(xv) EAST FORK RUM CREEK.—The 7

approximately 1.3-mile segment of East 8

Rum Creek from the Wild Rogue Wilder-9

ness boundary in T. 34 S., R. 8 W., sec. 10

10, Willamette Meridian, to the confluence 11

with Rum Creek, as a wild river. 12

‘‘(xvi) WILDCAT CREEK.—The ap-13

proximately 1.7-mile segment of Wildcat 14

Creek from its headwaters downstream to 15

the confluence with the Rogue River, as a 16

wild river. 17

‘‘(xvii) MONTGOMERY CREEK.—The 18

approximately 1.8-mile segment of Mont-19

gomery Creek from its headwaters down-20

stream to the confluence with the Rogue 21


‘‘(xviii) HEWITT CREEK.—The ap-23

proximately 1.2-mile segment of Hewitt 24



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‘‘(xix) BUNKER CREEK.—The approxi-4

mately 6.6-mile segment of Bunker Creek 5



‘‘(xx) DULOG CREEK.— 8


proximately 0.8-mile segment of 10

Dulog Creek from its headwaters to 11

0.1 miles downstream of road 34-8- 12

36, as a scenic river. 13


proximately 1.0-mile segment of 15

Dulog Creek from 0.1 miles down-16

stream of road 34-8-36 to the con-17

fluence with the Rogue River, as a 18

wild river. 19

‘‘(xxi) QUAIL CREEK.—The approxi-20

mately 1.7-mile segment of Quail Creek 21






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‘‘(xxii) MEADOW CREEK.—The ap-1

proximately 4.1-mile segment of Meadow 2

Creek from its headwaters to the con-3

fluence with the Rogue River, as a wild 4

river. 5

‘‘(xxiii) RUSSIAN CREEK.—The ap-6

proximately 2.5-mile segment of Russian 7





‘‘(xxiv) ALDER CREEK.—The approxi-12

mately 1.2-mile segment of Alder Creek 13



‘‘(xxv) BOOZE CREEK.—The approxi-16

mately 1.5-mile segment of Booze Creek 17



‘‘(xxvi) BRONCO CREEK.—The ap-20

proximately 1.8-mile segment of Bronco 21



river. 24


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‘‘(xxvii) COPSEY CREEK.—The ap-1

proximately 1.5-mile segment of Copsey 2



river. 5

‘‘(xxviii) CORRAL CREEK.—The ap-6

proximately 0.5-mile segment of Corral 7



river. 10

‘‘(xxix) COWLEY CREEK.—The ap-11

proximately 0.9-mile segment of Cowley 12



river. 15

‘‘(xxx) DITCH CREEK.—The approxi-16

mately 1.8-mile segment of Ditch Creek 17



Meridian, to its confluence with the Rogue 20


‘‘(xxxi) FRANCIS CREEK.—The ap-22

proximately 0.9-mile segment of Francis 23



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river. 2

‘‘(xxxii) LONG GULCH.—The approxi-3

mately 1.1-mile segment of Long Gulch 4





‘‘(xxxiii) BAILEY CREEK.—The ap-9

proximately 1.7-mile segment of Bailey 10

Creek from the west section line of T. 34 11

S., R.8 W., sec.14, Willamette Meridian, to 12

the confluence of the Rogue River, as a 13

wild river. 14

‘‘(xxxiv) SHADY CREEK.—The ap-15

proximately 0.7-mile segment of Shady 16



river. 19

‘‘(xxxv) SLIDE CREEK.— 20


proximately 0.5-mile segment of Slide 22

Creek from its headwaters to 0.1 23

miles downstream from road 33-9-6, 24

as a scenic river. 25


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•S 1784 IS


proximately 0.7-mile section of Slide 2

Creek from 0.1 miles downstream of 3

road 33-9-6 to the confluence with the 4

Rogue River, as a wild river.’’. 5

(2) MANAGEMENT.—Each river segment des-6

ignated by subparagraph (B) of section 3(a)(5) of 7

the Wild and Scenic Rivers Act (16 U.S.C. 8

1274(a)(5)) (as added by paragraph (1)) shall be 9

managed as part of the Rogue Wild and Scenic 10

River. 11


rights, the Federal land within the boundaries of the 13

river segments designated under subparagraph (B) 14

of section 3(a)(5) of the Wild and Scenic Rivers Act 15

(16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) 16

is withdrawn from all forms of— 17




mining laws; and 21



terials. 24


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(f) ADDITIONAL PROTECTIONS FOR ROGUE RIVER 1

TRIBUTARIES.— 2

(1) LICENSING BY COMMISSION.—The Commis-3

sion shall not license the construction of any dam, 4

water conduit, reservoir, powerhouse, transmission 5

line, or other project works on or directly affecting 6

any stream described in paragraph (4). 7

(2) OTHER AGENCIES.— 8

(A) IN GENERAL.—No department or 9

agency of the United States shall assist by loan, 10

grant, license, or otherwise in the construction 11

of any water resources project on or directly af-12

fecting any stream segment that is described in 13

paragraph (4), except to maintain or repair 14

water resources projects in existence on the 15

date of enactment of this Act. 16

(B) EFFECT.—Nothing in this paragraph 17

prohibits any department or agency of the 18

United States in assisting by loan, grant, li-19

cense, or otherwise, a water resources project— 20

(i) the primary purpose of which is ec-21

ological or aquatic restoration; and 22

(ii) that provides a net benefit to 23

water quality and aquatic resources. 24


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rights, the Federal land located within a 1⁄4 mile on 2

either side of the stream segments described in para-3

graph (4), is withdrawn from all forms of— 4




mining laws; and 8



terials. 11

(4) DESCRIPTION OF STREAM SEGMENTS.—The 12

following are the stream segments referred to in 13

paragraph (1): 14

(A) KELSEY CREEK.—The approximately 15

4.5-mile segment of Kelsey Creek from its 16

headwaters to the east section line of T. 32 S., 17

R. 9 W., sec. 34. 18

(B) EAST FORK KELSEY CREEK.—The ap-19

proximately 0.2-mile segment of East Fork 20

Kelsey Creek from its headwaters to the Wild 21

Rogue Wilderness boundary in T. 33 S., R. 8 22

W., sec. 5. 23

(C) EAST FORK WHISKY CREEK.—The ap-24

proximately 0.9-mile segment of East Fork 25


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•S 1784 IS

Whisky Creek from its headwaters to the Wild 1

Rogue Wilderness boundary in T. 33 S., R. 8 2

W., sec. 11. 3

(D) LITTLE WINDY CREEK.—The approxi-4

mately 1.2-mile segment of Little Windy Creek 5

from its headwaters to the west section line of 6

T. 33 S., R. 9 W., sec. 34. 7

(E) MULE CREEK.—The approximately 8

5.1-mile segment of Mule Creek from its head-9

waters to the east section line of T. 32 S., R. 10

10 W., sec. 25. 11

(F) MISSOURI CREEK.—The approximately 12

3.1-mile segment of Missouri Creek from its 13

headwaters to the Wild Rogue Wilderness 14

boundary in T. 33 S., R. 10 W., sec. 24. 15

(G) JENNY CREEK.—The approximately 16

3.1-mile segment of Jenny Creek from its head-17

waters to the Wild Rogue Wilderness boundary 18

in T. 33 S., R. 9 W., sec. 28. 19

(H) RUM CREEK.—The approximately 2.2- 20

mile segment of Rum Creek from its head-21


in T. 34 S., R. 8 W., sec. 9. 23

(I) EAST FORK RUM CREEK.—The approxi-24

mately 0.8-mile segment of East Fork Rum 25


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Creek from its headwaters to the Wild Rogue 1

Wilderness boundary in T. 34 S., R. 8 W., sec. 2

10. 3

(J) HEWITT CREEK.—The approximately 4

1.4-mile segment of Hewitt Creek from its 5



(K) QUAIL CREEK.—The approximately 8

0.8-mile segment of Quail Creek from its head-9


in T. 33 S., R. 10 W., sec. 1. 11

(L) RUSSIAN CREEK.—The approximately 12

0.1-mile segment of Russian Creek from its 13



(M) DITCH CREEK.—The approximately 16

0.7-mile segment of Ditch Creek from its head-17


in T. 33 S., R. 9 W., sec. 5. 19

(N) LONG GULCH.—The approximately 20

1.4-mile segment of Long Gulch from its head-21


in T. 33 S., R. 10 W., sec. 23. 23

(O) BAILEY CREEK.—The approximately 24

1.4-mile segment of Bailey Creek from its head-25


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waters to the west section line of T. 34 S., R. 1

8 W., sec. 14. 2

(P) QUARTZ CREEK.—The approximately 3

3.3-mile segment of Quartz Creek from its 4

headwaters to its confluence with the North 5

Fork Galice Creek. 6

(Q) NORTH FORK GALICE CREEK.—The 7

approximately 5.7-mile segment of the North 8

Fork Galice Creek from its headwaters to its 9

confluence with Galice Creek. 10

(R) GRAVE CREEK.—The approximately 11

10.2-mile segment of Grave Creek from the 12

confluence of Wolf Creek downstream to the 13

confluence with the Rogue River. 14

(S) CENTENNIAL GULCH.—The approxi-15

mately 2.2-mile segment of Centennial Gulch 16

from its headwaters to its confluence with the 17

Rogue River. 18

(T) GALICE CREEK.—The approximately 19

2.2-mile segment of Galice Creek from the con-20

fluence with the South Fork Galice Creek 21

downstream to the Rogue River. 22


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Subtitle B—Devil’s Staircase 1

Wilderness 2


In this subtitle: 4

(1) MAP.—The term ‘‘map’’ means the map en-5

titled ‘‘Devil’s Staircase Wilderness Proposal’’ and 6

dated June 15, 2010. 7

(2) SECRETARY.—The term ‘‘Secretary’’ 8

means— 9

(A) with respect to land under the jurisdic-10

tion of the Secretary of Agriculture, the Sec-11

retary of Agriculture; and 12

(B) with respect to land under the jurisdic-13

tion of the Secretary of the Interior, the Sec-14

retary of the Interior. 15

(3) STATE.—The term ‘‘State’’ means the State 16

of Oregon. 17

(4) WILDERNESS.—The term ‘‘Wilderness’’ 18

means the Devil’s Staircase Wilderness designated 19

by section 312(a). 20

SEC. 312. DEVIL’S STAIRCASE WILDERNESS, OREGON. 21

(a) DESIGNATION.—In accordance with the Wilder-22

ness Act (16 U.S.C. 1131 et seq.), the approximately 23

30,540 acres of Forest Service land and Bureau of Land 24

Management land in the State, as generally depicted on 25


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the map, is designated as wilderness and as a component 1

of the National Wilderness Preservation System, to be 2

known as the ‘‘Devil’s Staircase Wilderness’’. 3

(b) MAP; LEGAL DESCRIPTION.— 4

(1) IN GENERAL.—As soon as practicable after 5

the date of enactment of this Act, the Secretary 6

shall prepare a map and legal description of the Wil-7

derness. 8

(2) FORCE OF LAW.—The map and legal de-9

scription prepared under paragraph (1) shall have 10

the same force and effect as if included in this Act, 11

except that the Secretary may correct clerical and 12

typographical errors in the map and legal descrip-13

tion. 14

(3) AVAILABILITY.—The map and legal descrip-15

tion prepared under paragraph (1) shall be on file 16

and available for public inspection in the appropriate 17

offices of the Forest Service and Bureau of Land 18

Management. 19

(c) ADMINISTRATION.—Subject to valid existing 20

rights, the area designated as wilderness by this section 21

shall be administered by the Secretary in accordance with 22

the Wilderness Act (16 U.S.C. 1131 et seq.), except 23

that— 24


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(1) any reference in that Act to the effective 1

date shall be considered to be a reference to the date 2

of enactment of this Act; and 3

(2) any reference in that Act to the Secretary 4

of Agriculture shall be considered to be a reference 5

to the Secretary that has jurisdiction over the land 6

within the Wilderness. 7

(d) FISH AND WILDLIFE.—Nothing in this section 8



(e) ADJACENT MANAGEMENT.— 11

(1) IN GENERAL.—Nothing in this section cre-12

ates any protective perimeter or buffer zone around 13

the Wilderness. 14

(2) ACTIVITIES OUTSIDE WILDERNESS.—The 15

fact that a nonwilderness activity or use on land out-16

side the Wilderness can be seen or heard within the 17

Wilderness shall not preclude the activity or use out-18

side the boundary of the Wilderness. 19

(f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 20

this section diminishes any treaty rights of an Indian 21

tribe. 22

(g) TRANSFER OF ADMINISTRATIVE JURISDIC-23

TION.— 24


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•S 1784 IS

(1) IN GENERAL.—Administrative jurisdiction 1

over the approximately 49 acres of Bureau of Land 2

Management land north of the Umpqua River in sec. 3

32, T. 21 S., R. 11 W, is transferred from the Bu-4

reau of Land Management to the Forest Service. 5

(2) ADMINISTRATION.—The Secretary shall ad-6

minister the land transferred by paragraph (1) in 7

accordance with— 8

(A) the Act of March 1, 1911 (commonly 9

known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 10

seq.); and 11

(B) any laws (including regulations) appli-12

cable to the National Forest System. 13

SEC. 313. WILD AND SCENIC RIVER DESIGNATIONS, 14

WASSON CREEK AND FRANKLIN CREEK, OR-15

EGON. 16

Section 3(a) of the Wild and Scenic Rivers Act (16 17

U.S.C. 1274(a)) (as amended by section 103(a)) is amend-18

ed by adding at the end the following: 19

‘‘(214) FRANKLIN CREEK, OREGON.—The 4.5- 20

mile segment from its headwaters to the line of 21

angle points within sec. 8, T. 22 S., R. 10 W., 22

shown on the survey recorded in the Official Records 23

of Douglas County, Oregon, as M64–62, to be ad-24


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ministered by the Secretary of Agriculture as a wild 1

river. 2

‘‘(215) WASSON CREEK, OREGON.—The 10.1- 3

mile segment in the following classes: 4

‘‘(A) The 4.2-mile segment from the east-5

ern boundary of sec. 17, T. 21 S., R. 9 W., 6

downstream to the western boundary of sec. 12, 7

T. 21 S., R. 10 W., to be administered by the 8

Secretary of the Interior as a wild river. 9

‘‘(B) The 5.9-mile segment from the west-10

ern boundary of sec. 12, T. 21 S., R. 10 W., 11

downstream to the eastern boundary of the 12

northwest quarter of sec. 22, T. 21 S., R. 10 13

W., to be administered by the Secretary of Ag-14

riculture as a wild river.’’. 15

Subtitle C—Additional Wild and 16

Scenic River Designations and 17

Technical Corrections 18

SEC. 321. DESIGNATION OF WILD AND SCENIC RIVER SEG-19

MENTS, MOLALLA RIVER, OREGON. 20

(a) IN GENERAL.—Section 3(a) of the Wild and Sce-21

nic Rivers Act (16 U.S.C. 1274(a)) is amended by adding 22

at the end the following: 23

‘‘(208) MOLALLA RIVER, OREGON.— 24


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‘‘(A) IN GENERAL.—The following seg-1

ments in the State of Oregon, to be adminis-2

tered by the Secretary of the Interior as a rec-3

reational river: 4

‘‘(i) MOLALLA RIVER.—The approxi-5

mately 15.1-mile segment from the south-6

ern boundary line of T. 7 S., R. 4 E., sec. 7

19, downstream to the edge of the Bureau 8

of Land Management boundary in T. 6 S., 9

R. 3 E., sec. 7. 10

‘‘(ii) TABLE ROCK FORK MOLALLA 11

RIVER.—The approximately 6.2-mile seg-12

ment from the easternmost Bureau of 13

Land Management boundary line in the 14

NE 1⁄4 sec. 4, T. 7 S., R. 4 E., down-15

stream to the confluence with the Molalla 16

River. 17

‘‘(B) WITHDRAWAL.—Subject to valid ex-18

isting rights, the Federal land within the 19

boundaries of the river segments designated by 20

subparagraph (A) is withdrawn from all forms 21

of— 22

‘‘(i) entry, appropriation, or disposal 23

under the public land laws; 24


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‘‘(ii) location, entry, and patent under 1

the mining laws; and 2

‘‘(iii) disposition under all laws relat-3

ing to mineral and geothermal leasing or 4

mineral materials.’’. 5

(b) TECHNICAL CORRECTIONS.—Section 3(a)(102) of 6

the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) 7

is amended— 8

(1) in the heading, by striking ‘‘SQUAW CREEK’’ 9

and inserting ‘‘WHYCHUS CREEK’’; 10

(2) in the matter preceding subparagraph (A), 11

by striking ‘‘McAllister Ditch, including the Soap 12

Fork Squaw Creek, the North Fork, the South 13

Fork, the East and West Forks of Park Creek, and 14

Park Creek Fork’’ and inserting ‘‘Plainview Ditch, 15

including the Soap Creek, the North and South 16

Forks of Whychus Creek, the East and West Forks 17

of Park Creek, and Park Creek’’; and 18

(3) in subparagraph (B), by striking 19

‘‘McAllister Ditch’’ and inserting ‘‘Plainview Ditch’’. 20

SEC. 322. TECHNICAL CORRECTIONS TO THE WILD AND 21

SCENIC RIVERS ACT. 22

Section 3(a)(69) of the Wild and Scenic Rivers Act 23

(16 U.S.C. 1274(a)(69)) is amended— 24


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(1) by redesignating subparagraphs (A), (B), 1

and (C) as clauses (i), (ii), and (iii), respectively, 2

and indenting appropriately; 3

(2) in the matter preceding clause (i) (as so re-4

designated), by striking ‘‘The 44.5-mile’’ and insert-5

ing the following: 6

‘‘(A) DESIGNATIONS.—The 44.5-mile’’; 7

(3) in clause (i) (as so redesignated)— 8

(A) by striking ‘‘25.5-mile’’ and inserting 9

‘‘27.5-mile’’; and 10

(B) by striking ‘‘Boulder Creek at the 11

Kalmiopsis Wilderness boundary’’ and inserting 12

‘‘Mislatnah Creek’’; 13

(4) in clause (ii) (as so redesignated)— 14

(A) by striking ‘‘8-mile’’ and inserting 15

‘‘7.5-mile’’; and 16

(B) by striking ‘‘Boulder Creek to Steel 17

Bridge’’ and inserting ‘‘Mislatnah Creek to 18

Eagle Creek’’; 19

(5) in clause (iii) (as so redesignated)— 20

(A) by striking ‘‘11-mile’’ and inserting 21

‘‘9.5-mile’’; and 22

(B) by striking ‘‘Steel Bridge’’ and insert-23

ing ‘‘Eagle Creek’’; and 24

(6) by adding at the end the following: 25


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‘‘(B) WITHDRAWAL.—Subject to valid 1

rights, the Federal land within the boundaries 2

of the river segments designated by subpara-3

graph (A), is withdrawn from all forms of— 4

‘‘(i) entry, appropriation, or disposal 5

under the public land laws; 6

‘‘(ii) location, entry, and patent under 7

the mining laws; and 8

‘‘(iii) disposition under all laws per-9

taining to mineral and geothermal leasing 10

or mineral materials.’’. 11

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Documents

O&C Act of 2013 Bill Text